Family Entertainment Group, LLC v. ADP TotalSource, Inc.
| Family Entertainment Group, LLC |
| ADP TotalSource, Inc. |
| 1:2018cv06432 |
| September 21, 2018 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Filing 17 REMAND with certified copy of order dated 10/31/2018 to the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. (bg, ) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: In light of R. 13, which reports the lack of diversity jurisdiction after tracing the memberships and citizenships, the joint motion #14 to remand is granted. This case is forthwith remanded to the Circuit Court for the Eighteenth Judicial Circuit, DuPage County, Illinois. Status hearing of 12/20/2018 is vacated. Civil case terminated. Emailed notice (slb, ) |
| Filing 15 NOTICE of Motion by Joel W. Rice for presentment of motion to remand #14 before Honorable Edmond E. Chang on 11/5/2018 at 08:30 AM. (Rice, Joel) |
| Filing 14 MOTION by Defendant ADP TotalSource, Inc. to remand (JOINT) (Rice, Joel) |
| Filing 13 JURISDICTIONAL STATEMENT by Family Entertainment Group, LLC (Krauskopf, Stuart) |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. As discussed during the hearing, by 10/26/2018, Plaintiff shall file a Jurisdictional Statement setting forth Plaintiff's citizenship for diversity jurisdiction, including identifying the members of LLC and tracing citizenship throughout the membership. Mandatory Initial Discovery Pilot Project disclosures due 10/29/2018. ESI search conferral will occur by 10/31/2018. ESI discovery shall be disclosed by 12/10/2018. The first-round of written discovery requests to fill gaps in the MID disclosures due no later than 12/17/2018. Fact discovery shall close by 07/10/2019. Any Rule 26(a)(2) expert disclosures (whether retained or not) are due 30 days after the close of fact discovery, and the 30-day deadline is adjusted automatically if the close of fact discovery is adjusted. No summary judgment motions may be filed before the close of discovery without leave of Court. Plaintiff shall make a formal settlement demand by 11/26/2018 on Defendant, explaining in detail the basis for liability, itemizing damages, and making a good-faith demand that takes into account the risks of litigation, the time and expense of litigation. Defendant shall respond by 12/17/2018 to Plaintiff's demand, explaining in detail the basis for Defendant's offer and taking into account the same risks and costs of litigation. Defendant shall submit a.pdf copy of the demand and the offer to chambers through the Proposed Order e-mail account. Status hearing set for 12/20/2018 at 10:00 a.m.Emailed notice (slb, ) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing of 8:30 a.m. on 10/19/2018 is reset to 8:45 a.m. on the same date. Emailed notice (slb, ) |
| Filing 10 STATUS Report (Joint Initial) by ADP TotalSource, Inc. (Rice, Joel) |
| Filing 9 MINUTE entry before the Honorable Edmond E. Chang: Upon review of the complaint and the Notice of Removal, the Court orders the following jurisdictional inquiry. Defendant relies on diversity jurisdiction, 28 U.S.C. 1332, for subject matter jurisdiction. Not. of Removal at para. 4. The Notice of Removal alleges Plaintiff's members' citizenship solely "on information and belief." Not. of Removal at para. 6. Citizenship must be proven by underlying facts, not just alleged on information and belief. See America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). The Notice of Removal supplies some facts that might support the citizenship allegations, but the parties' counsel (really, Plaintiff's counsel) must be prepared to confirm (or to refute) the allegations at the status hearing on 10/19/2018.Emailed notice (slb, ) |
| Filing 8 ANSWER to Complaint and Notice of Affirmative Defenses by ADP TotalSource, Inc.(Rice, Joel) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang:Initial status hearing set for 10/19/2018 at 8:30 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (slb, ) |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (lf, ) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ADP TotalSource, Inc. (Rice, Joel) |
| Filing 4 CIVIL Cover Sheet (Rice, Joel) |
| Filing 3 ATTORNEY Appearance for Defendant ADP TotalSource, Inc. by Scott C. Fanning (Fanning, Scott) |
| Filing 2 ATTORNEY Appearance for Defendant ADP TotalSource, Inc. by Joel W. Rice (Rice, Joel) |
| Filing 1 NOTICE of Removal from Circuit Court For The County of DuPage, Law Division, case number (2018-L-00926) filed by ADP TotalSource, Inc. Filing fee $ 400, receipt number 0752-14976040. (Attachments: #1 Exhibit A - Verified Complaint, #2 Exhibit B - Family Entertainment Group v. Bellaire Hospitalities Amended Complaint, #3 Exhibit C - Secretary of State for Family Entertainment Group, LLC, #4 Exhibit D - U.S. Consumer Law Attorney Fee Survey Report 2015-2016)(Rice, Joel) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. (lma, ) |
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