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Case vacated over jurisdictional questions

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The 7th Circuit Court of Appeals remanded a case to an Indiana District Court to determine whether the plaintiffs in a suit have citizenship in Indiana or Arizona.

In Charles A. Craig and Barbara J. Craig v. Ontario Corp., Nos. 06-4409, 08-1013, Ontario Corp. challenged Charles and Barbara Craig's claims they were Arizona citizens so federal court is the appropriate venue for their lawsuit against an Indiana company.

Charles worked for Ontario and offered to sell his shares of the company back when he retired. Instead of receiving cash, he received three promissory notes from Ontario. Later, the Craigs sued in the Southern District of Indiana, Indianapolis Division after Ontario sent a notice of default on the notes.

The District Court entered judgment for the Craigs on their suit in No. 06-4409 and denied Ontario's motion for relief from judgment. Ontario filed a second appeal after the District Court declined to hear the company's motion for relief from judgment while the original case was on appeal to the 7th Circuit. Ontario discovered evidence the Craigs may actually be citizens of Indiana, not Arizona, so the federal court wouldn't have jurisdiction to hear their suit. The District Court held it had no jurisdiction to rule on the motion, conduct a hearing, or to review new filings while the original case was on appeal.

The 7th Circuit vacated the original ruling by the District Court because it was mistaken to believe it lost authority to explore the facts relating to subject-matter jurisdiction, wrote Judge Diane Wood.

The appellate court also reversed the District Court's order denying the Rule 60(b)(4) motion by Ontario in case No. 08-1013 and remanded for an evidentiary hearing on subject matter jurisdiction. Ontario collected evidence showing the Craigs purchased an Indiana property right before filing their complaint and sold another property in Indiana after they filed the complaint. Barbara voted in Indiana after the suit was filed, which is allowed only if one is a resident of the precinct for at least 30 days. These and other facts called into question the Craigs' citizenship and they must prove otherwise in order to retain their suit in federal court, wrote the judge.

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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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