Berkshire Investments, LLC v. Bradford Equipment, Inc. et al
| Berkshire Investments, LLC d/b/a Chicago Extruded Metals Company and Bershire Investments, LLC |
| JOHN C HELM and BRADFORD EQUIPMENT, INC. |
| 1:2018cv06396 |
| September 19, 2018 |
| US District Court for the Northern District of Illinois |
| Ronald A Guzman |
| Contract: Other |
| 28 U.S.C. ยง 1441 |
| Both |
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This docket was last retrieved on October 3, 2018. A more recent docket listing may be available from PACER.
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| Filing 13 ENTERED JUDGMENT on 10/3/2018. Mailed notice(is, ) |
Filing 12
ORDER Signed by the Honorable Ronald A. Guzman on 10/3/2018: The Court remands this proceeding to the Circuit Court of Cook County for lack of subject-matter jurisdiction pursuant to 28 U.S.C. 1447(c). The Clerk of Court is directed to transmit a certified copy of this order of remand to the clerk of the state court forthwith. Civil case terminated. [For further details see Statement]. Mailed notice(is, ) Modified on 10/3/2018 (is, ).
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| Filing 11 SUPPLEMENT to notice of removal, #1 , supplement #8 additional (Attachments: #1 Notice of Filing and Certificate of Service)(Austin, Daniel) |
| Filing 10 MINUTE entry before the Honorable Ronald A. Guzman: This is a diversity action in which yesterday the Court directed defendants to file a jurisdictional supplement that properly identifies the citizenship of plaintiff, an LLC. Today, defendants filed a jurisdictional supplement that identifies IAT Reinsurance Company ("IAT") as plaintiff's sole member. When setting forth the citizenship of IAT, defendants then simply provide a quotation from a complaint plaintiff filed in another proceeding in 2014 in which it stated that IAT was organized under the laws of Bermuda with a principal place of business in Illinois. These allegations are insufficient to establish plaintiff's citizenship for purposes of this proceeding. The Seventh Circuit insists upon "scrupulous adherence to the limitations on the subject-matter jurisdiction of the federal courts." Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002). In Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007), which the Court cited in its order of 9/26, the Seventh Circuit specifically stated that a jurisdictional statement must "identify the citizenship of each of [an LLC's] members as of the date the... notice of removal was filed." By relying on a four-year-old statement, defendants fail to identify plaintiff's citizenship as of 9/19/18, the date the notice of removal was filed. Accordingly, defendants are given until 10/2/2018 to file a second supplement to the notice of removal that properly alleges plaintiff's citizenship. If nothing is filed by that date, or if the supplement still does not properly allege plaintiff's citizenship, this action will be dismissed for want of subject-matter jurisdiction. Mailed notice (is, ) |
| Filing 9 ATTORNEY Appearance for Defendants Bradford Equipment, Inc., John C Helm by Christopher Joseph DeCosta (DeCosta, Christopher) |
| Filing 8 SUPPLEMENT to notice of removal, #1 (Attachments: #1 Certificate of Service)(Austin, Daniel) |
| Filing 7 MINUTE entry before the Honorable Ronald A. Guzman: This is an action for breach of contract, statutory fraud, and common-law fraud. The two defendants, who are citizens of Florida, removed the action from the Circuit Court of Cook County on the basis of diversity jurisdiction. The notice of removal is deficient with respect to plaintiff's citizenship. Defendants state that plaintiff, Berkshire Investments, LLC, is "a corporation filed under the laws of the State of Illinois with its principal place of business located in Illinois." (ECF No. 1, Notice of Removal at 2.) It appears from plaintiff's name, however, that it is not a corporation, but an LLC. The citizenship of an LLC is the citizenship of each of its members; the place of organization and principal place of business of an LLC are jurisdictionally irrelevant. Thomas v. Guardsmark, LLC, 487 F.3d 531, 533-34 (7th Cir. 2007). Accordingly, defendants are given until 10/2/2018 to file a jurisdictional supplement to their notice of removal that properly identifies plaintiff's citizenship by the citizenship of each of its members, tracing citizenship through however many layers of members there may be. It will not suffice to simply state that none of plaintiff's members are citizens of Florida. If nothing is filed is by 10/2/2018, or if the supplement still does not properly allege plaintiff's citizenship, this action may be dismissed for want of subject-matter jurisdiction. Mailed notice (is, ) |
| Filing 6 MINUTE entry before the Honorable Ronald A. Guzman: Attorney Christopher J. DeCosta's motion for leave to appear pro hac vice #5 on behalf of the defendants is granted. Mailed notice (is, ) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14985846. (DeCosta, Christopher) |
| Filing 4 MAILED Notice of Removal letter to counsel of record. (smm) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (daj, ) |
| Filing 3 CIVIL Cover Sheet (Austin, Daniel) |
| Filing 2 ATTORNEY Appearance for Defendants BRADFORD EQUIPMENT, INC., JOHN C HELM by Daniel G Austin (Austin, Daniel) |
| Filing 1 NOTICE of Removal from CIRCUIT COURT OF COOK COUNTY, ILLINOIS, case number (2018L008533) filed by BRADFORD EQUIPMENT, INC., JOHN C HELM Filing fee $ 400, receipt number 0752-14967878. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Austin, Daniel) |
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