Baker v. Walmart, Inc d/b/a Walmart Superstore #3460 et al
| Stephen Baker |
| Walmart, Inc d/b/a Walmart Superstore #3460 and National Entertainment Network, LLC |
| 1:2023cv01192 |
| May 16, 2023 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Joe Billy McDade |
| James E Shadid |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 30, 2023. A more recent docket listing may be available from PACER.
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TEXT ONLY ORDER Entered by Judge James E. Shadid on 5/30/2023. Plaintiff filed a Notice #5 of Voluntary Dismissal. Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows the plaintiff to voluntarily dismiss an action without court order or consent of the opposing party provided that the opposing party has not filed an answer or a motion for summary judgment. Fed. R. Civ. P. 41(a)(1)(A)(i). As neither defendant has done so, this action is dismissed and the Clerk is directed to close the case. (AEM)
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| Filing 5 NOTICE of Voluntary Dismissal by Stephen Baker. (Mahoney, Shane) |
| Set/Reset Deadlines/Hearings: Amended Pleadings due by 5/26/2023. (TK) |
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TEXT ORDER: The Court has reviewed the Plaintiff's Amended Complaint at Law #4 . As the Court previously explained, citizenship for diversity purposes of a limited liability company is the citizenship of each of its members. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). The Court must know the identity of each member of a LLC as well as each member's citizenship. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). If applicable, the Court must also know each member's members' citizenship. Id. Here, the Plaintiff has now traced the membership of Defendant National Entertainment Network, LLC (NEN), but has failed to identify each member of Claw Manager, LLC (NEN's member's member) as well as each member's citizenship. The allegation that Claw Manager, LLC was organized and exists under the laws of the State of Delaware and has its principal place of business in Colorado is not the proper way to allege a LLC's citizenship. The Plaintiff must file a further amended complaint correcting this deficiency by 5/26/2023. Entered by Magistrate Judge Jonathan E. Hawley on 5/19/2023. (KZ)
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| Filing 4 AMENDED COMPLAINT against All Defendants, filed by Stephen Baker.(Mahoney, Shane) |
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TEXT ORDER OF REASSIGNMENT. This case and the corresponding hearings are reassigned to Judge James E. Shadid for further proceedings. Entered by Chief Judge Sara Darrow on 5/18/2023. (TK)
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Filing 3
ORDER re subject matter jurisdiction. Entered by Magistrate Judge Jonathan E. Hawley on 5/17/2023. (KZ)
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TEXT ORDER : Senior Judge Joe Billy McDade disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Sara Darrow for reassignment. Entered by Judge Joe Billy McDade on 5/17/23. (JA)
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TEXT ORDER OF REASSIGNMENT. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow pending reassignment. Entered by Chief Judge Sara Darrow on 5/17/2023. (TK) Modified on 5/18/2023 for clarification (TK).
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| Filing 2 Summons Issued as to National Entertainment Network, LLC, Walmart, Inc d/b/a Walmart Superstore #3460. (VH) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILCDC-4208075.), filed by Stephen Baker. (Attachments: #1 Civil Cover Sheet)(Mahoney, Shane) |
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