Estrada et al v. Spirit Cruises, LLC. et al
| Jorge Estrada and Laura Estrada |
| Elite Private Yachts, Entertainment Cruises, Inc. and Spirit Cruises, LLC. |
| 1:2014cv01911 |
| March 18, 2014 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Rebecca R Pallmeyer |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 37 MINUTE entry before the Honorable Mary M. Rowland: All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Honorable Judge Mary M. Rowland no longer referred to the case. Mailed notice (mb, ) |
| Filing 36 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held. This case is dismissed without prejudice with leave to reinstate in 20 days. Civil case terminated. Mailed notice (ao,) |
| Filing 35 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held and continued to 5/14/15 at 9:30 a.m. Parties are directed to submit an agreed proposed revised discovery schedule promptly; the court cautions that it is unlikely to approve a lengthy extension of the discovery schedule. Mailed notice (ao,) |
| Filing 34 ATTORNEY Appearance for Defendant Spirit Cruises, LLC. by Anthony Nicholas Bartosik (Bartosik, Anthony) |
| Filing 33 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's motion to withdraw as attorney #31 is granted. Attorney Jonathan Rowan Walton terminated. No appearance required on 5/11/15. Mailed notice (ao,) |
| Filing 32 NOTICE of Motion by Jonathan Rowan Walton for presentment of motion to withdraw as attorney #31 before Honorable Rebecca R. Pallmeyer on 5/11/2015 at 09:00 AM. (Walton, Jonathan) |
| Filing 31 MOTION by counsel for Defendants Entertainment Cruises, Inc., Spirit Cruises, LLC. to withdraw as attorney (Walton, Jonathan) |
| Filing 30 MINUTE entry before the Honorable Rebecca R. Pallmeyer: By agreement, status hearing set for 5/1/15 is stricken and re-set to 5/7/15 at 9:00 a.m. Mailed notice (ao,) |
| Filing 29 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing set for 5/1/15 at 9:00 a.m. is re-set to 5/1/15 at 9:30 a.m. (PLEASE NOTE TIME CHANGE) Mailed notice (ao,) |
| Filing 28 MINUTE entry before the Honorable Mary M. Rowland: Settlement conference held. Settlement not reached. Mailed notice (mb, ) |
| Filing 27 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing set for 4/30/15 is stricken and re-set to 5/1/2015 at 9:00 a.m. Mailed notice (ao,) |
| Filing 26 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held. Further status hearing set for 4/30/15 at 9:00 a.m. Mailed notice (ao,) |
| Filing 25 NOTICE by David Richard Butzen of Change of Address (Butzen, David) |
| Filing 24 MINUTE entry before the Honorable Mary M. Rowland: Status hearing held on 2/13/15. Settlement conference set for 4/14/2015 at 1:30PM. Parties are to exchange position letters prior to the settlement conference. Plaintiff shall provide Defendant with a demand letter by 3/31/15. Defendant shall respond by 4/7/2015. Plaintiff shall submit copies of all letters exchanged by the parties to Settlement_Rowland@ilnd.uscourts.gov. by 4/7/15. Parties should also review and comply with Judge Rowland's standing order regarding settlement conferences which can be found on the Court's website at www.ilnd.uscourts.govMailed notice (mb, ) |
| Filing 23 MINUTE entry before the Honorable Mary M. Rowland: Oral Motion to reset initial status hearing is granted. Status hearing previously set for 2/11/2015 is re-set for 2/13/2015 at 09:30 AM.Mailed notice (mb, ) |
| ORAL MOTION to reset initial status hearing. (mb, ) |
| Filing 22 MINUTE entry before the Honorable Mary M. Rowland: Initial status hearing set for 2/11/15 at 9:00 AM before Magistrate Judge Mary M. Rowland for the purpose of scheduling a settlement conference. Parties are to bring dates when both clients and counsel will be available for a settlement conference. Judge Rowland generally conducts settlement conferences Mondays, Tuesdays and Thursdays from 1:30PM-4:30PM and Fridays from 10:00 AM to 1:00 PM. Other dates and times may be available as required by the Court or the parties. The parties are directed to review and to comply with Judge Rowlands Standing Order regarding Setting Settlement Conferences, which is available on Judge Rowlands web page located on the Courts website at www.ilnd.uscourts.gov.Mailed notice (mb, ) |
| Filing 21 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing set for 2/26/2015 is stricken and re-set to 3/31/2015 at 9:00 AM. Mailed notice. (etv, ) |
| Filing 20 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Mary M. Rowland for the purpose of holding proceedings related to: settlement conference. (etv, )Mailed notice. |
| Filing 19 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 11/25/2014. Status hearing set for 2/26/2015 at 9:00 AM. Mailed notice (etv, ) |
| Filing 18 MINUTE entry before the Honorable Rebecca R. Pallmeyer: On June 16, 2014, Defendant Entertainment Cruises, Inc., has moved to dismiss this case as against it. On August 19, 2014, the court warned Plaintiff that absent a prompt response, the motion would be granted. To date, Plaintiff has not responded to the motion to dismiss. That motion #11 is granted. Claims against Defendant Entertainment Cruises are dismissed. The case remains pending as against Defendant Spirit Cruises, LLC, with whom Plaintiff has negotiated an agreed scheduling order. Mailed notice (etv, ) |
| Filing 17 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 9/9/2014. Status hearing set for 11/25/2014 at 9:00 AM. Mailed notice (etv, ) |
| Filing 16 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff has not responded to Defendant's motion to dismiss. Absent a prompt response, the court will assume the motion is unopposed. Mailed notice (etv, ) |
| Filing 15 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Rule 16 conference held on 6/26/2014. Rule 26(a)(1) disclosures to be made by 7/7/2014. All discovery to be completed by 5/29/2015. Reports from retained experts under Rule 26(a)(2) due from plaintiffs by 2/27/2015; from defendants by 5/1/2015. Dispositive motions due 7/2/2015. Plaintiff to prepare proposed pretrial draft by 9/25/2015; Joint Final Pretrial Order due 10/5/2015. Defendant Cruises Inc.'s motion to dismiss Plaintiffs' First Amended Complaint #11 entered and continued for briefing. Response to be filed by or on 8/6/2014; reply, if any, to be filed by or on 8/20/2014. Status hearing set for 9/9/2014 at 9:00 AM. Mailed notice (etv, ) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting (McGovern, Timothy) |
| Filing 13 NOTICE of Motion by Timothy S McGovern for presentment of Motion to Dismiss for Failure to State a Claim #11 before Honorable Rebecca R. Pallmeyer on 6/26/2014 at 08:45 AM. (McGovern, Timothy) |
| Filing 12 MEMORANDUM by Entertainment Cruises, Inc. in support of Motion to Dismiss for Failure to State a Claim #11 (McGovern, Timothy) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (McGovern, Timothy) |
| Filing 10 ANSWER to amended complaint and Affirmative Defenses by Spirit Cruises, LLC.(McGovern, Timothy) |
| Filing 9 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 5/19/2014. Defendants to Answer or otherwise plead by 6/16/2014. The parties are directed to appear through lead counsel for a pretrial conference pursuant to Fed. R. Civ. P. 16. on 6/26/2014 at 9:00 AM. Counsel are requested promptly to meet face-to-face for a discussion of possible settlement and for preparation of a planning report. The form is accessible from the court's Internet site, www.ilnd.uscourts.gov. Such report shall be submitted to Judge Pallmeyer in chambers no later than two business days prior to the conference. Mailed notice (etv, ) |
| Filing 8 ATTORNEY Appearance for Defendant Entertainment Cruises, Inc. by Timothy S McGovern (McGovern, Timothy) |
| Filing 7 ATTORNEY Appearance for Defendant Spirit Cruises, LLC. by Timothy S McGovern (McGovern, Timothy) |
| Filing 6 ATTORNEY Appearance for Defendants Entertainment Cruises, Inc., Spirit Cruises, LLC. by Jonathan Rowan Walton (Walton, Jonathan) |
| Filing 5 First AMENDED complaint by Laura Estrada, Jorge Estrada against All Defendants (Attachments: #1 Exhibit)(Butzen, David) |
| Filing 4 MINUTE entry before the Honorable Rebecca R. Pallmeyer: California residents Laura and Jorge Estrada invoke the court's diversity jurisdiction, but their allegations are inadequate for that purpose, as they have not identified the members of Defendant Spirit Cruises, LLC nor their citizenship. Without such information, the court is unable to determine whether the Plaintiffs are diverse in citizenship from all Defendants. As the Seventh Circuit has explained:Given the resemblance between an LLC and a limited partnership, and what seems to have crystallized as a principle that members of associations are citizens for diversity purposes unless Congress provides otherwise (as it has with respect to corporations, in 28 U.S.C. ' 1332(c)(1)),... [citing cases], we conclude that the citizenship of an LLC for purposes of the diversity jurisdiction is the citizenship of its members. Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). See also Belleville Catering Co. v. Champaign Market Place, L.L.C.,, 350 F.3d 691 (7th Cir. 2003) (directing counsel who failed to recognize the absence of diversity under this principle to re-litigate their dispute in state court without charge to their clients). Plaintiffs are directed to file an amended complaint within 14 days, identifying the members of Defendant Spirit Cruises, LLC, and their citizenships. If no such amended complaint is filed, or if the amended complaint reveals that any of the LLC's members are citizens of California, the case will be dismissed without prejudice. Status hearing set for 5/19/2014 at 9:00 a.m, courtroom 2119. Mailed notice (etv, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Jorge Estrada, Laura Estrada by David Richard Butzen (Butzen, David) |
| Filing 2 CIVIL Cover Sheet (Butzen, David) |
| Filing 1 COMPLAINT filed by Laura Estrada, Jorge Estrada; Jury Demand. Filing fee $ 400, receipt number 0752-9304103. (Attachments: #1 Exhibit)(Butzen, David) |
| CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Mary M. Rowland. (jn, ) |
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