Aire Serv LLC v. J.S.R. Heating and Cooling, Inc. et al
| Aire Serv LLC |
| Earl D. Stoxstell, Mary Stoxstell, J.S.R. Heating and Cooling, Inc., Joseph F. Roberts and Dorothy Roberts |
| 1:2018cv06629 |
| September 28, 2018 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 26, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 Plaintiff's Supplemental Memorandum of Law Regarding Equitable Relief Requested Against J.S.R. Heating and Cooling, Inc. and the Bankruptcy Stay Involving the Roberts Defendants by Aire Serv LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Moran, Patrick) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held. Counsel for the Stoxstell Defendants did not appear, but Plaintiff's counsel reported that Plaintiff and those Defendants are finalizing a settlement agreement with a consent judgment. On J.S.R. Heating & Cooling, Inc., Plaintiff's counsel explained why Plaintiff believes that J.S.R. is not subject to the automatic bankruptcy stay that applies to the individual Roberts Defendants. To make a record on that explanation, Plaintiff shall file a supplement on the preliminary-injunction motion by 11/26/2018. As discussed during the hearing, the motion for preliminary injunction #5 is entered and continued to 11/28/2018 at 10:00 a.m. If the preliminary injunction is granted, then the next step would presumably be arbitration per the franchise agreement, so Plaintiff should be moving forward with the arbitration demand and the arbitration process, where Plaintiff can make a similar preliminary-injunction request. Mailed notice. (jjr, ) |
| Filing 23 FIRST AMENDED complaint by Aire Serv LLC against All Defendants (Attachments: #1 Exhibit A, #2 Certificate of Service)(Moran, Patrick) |
| Filing 22 MINUTE entry before the Honorable Edmond E. Chang: In light of the status report, R. 21 at para. 10, the Stoxtell Defendants' extension motion #19 to answer is granted to 11/27/2018. The motion hearing of 11/20/2018 remains in place, and the Court strongly encourages the parties to discuss settlement to avoid the expense of litigating the preliminary injunction motion. In light of the bankruptcy filing of Joseph Roberts and Dorothy Roberts, the Clerk shall terminate those two Defendants as named defendants, without prejudice to effectuate the automatic stay. In the status report, Plaintiff states that it is investigating the applicability of the stay to Defendant J.S.R. Heating and Cooling, Inc.Emailed notice (slb, ) |
| Filing 21 STATUS Report by Aire Serv LLC (Attachments: #1 Certificate of Service)(Moran, Patrick) |
| Filing 20 NOTICE of Motion by Victoria Christian Davis for presentment of motion for extension of time to file response/reply #19 before Honorable Edmond E. Chang on 11/7/2018 at 08:30 AM. (Davis, Victoria) |
| Filing 19 MOTION by Defendants Earl D. Stoxstell, Mary Stoxstell for extension of time to file response/reply as to complaint #1 (Davis, Victoria) |
| Filing 18 ATTORNEY Appearance for Defendants Earl D. Stoxstell, Mary Stoxstell by Victoria Christian Davis (Davis, Victoria) |
| Filing 17 ATTORNEY Appearance for Defendants Earl D. Stoxstell, Mary Stoxstell by Shanita Quintrese Tiny Straw (Straw, Shanita) |
| Filing 16 SUMMONS Returned Executed by Aire Serv LLC as to Mary Stoxstell on 10/10/2018, answer due 10/31/2018. (Attachments: #1 Certificate of Service)(Moran, Patrick) |
| Filing 15 SUMMONS Returned Executed by Aire Serv LLC as to Joseph F. Roberts on 10/10/2018, answer due 10/31/2018. (Attachments: #1 Certificate of Service)(Moran, Patrick) |
| Filing 14 SUMMONS Returned Executed by Aire Serv LLC as to Earl D. Stoxstell on 10/10/2018, answer due 10/31/2018. (Attachments: #1 Certificate of Service)(Moran, Patrick) |
| Filing 13 SUMMONS Returned Executed by Aire Serv LLC as to J.S.R. Heating and Cooling, Inc. on 10/10/2018, answer due 10/31/2018. (Attachments: #1 Certificate of Service)(Moran, Patrick) |
| Filing 12 SUMMONS Returned Executed by Aire Serv LLC as to Dorothy Roberts on 10/10/2018, answer due 10/31/2018. (Attachments: #1 Certificate of Service)(Moran, Patrick) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for preliminary injunction #5 and motion to file brief in excess of 15 pages #7 . The motion #7 for extra pages is granted. Plaintiff made a verbal request to continue the hearing in order to properly serve Defendants. The request is granted. Hearing on Plaintiff's motion for preliminary injunction #5 is continued to 11/20/2018 at 10:00 a.m.Emailed notice (slb, ) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: Upon review of the complaint, the Court makes the following jurisdictional inquiries. First, Plaintiff premises jurisdiction on diversity of citizenship, 28 U.S.C. 1332. Plaintiff alleges that Aire Service LLC's citizenship for diversity jurisdiction is its place of incorporation and principal place of business. R. 1, Compl., para. 2. But an LLC's citizenship is not like a corporation's; instead an LLC is a citizen of every state where its members are citizens. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). Second, the complaint alleges Defendants' citizenship solely "on information and belief." Compl. paras. 4-7. 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 complaint supplies some facts that might support the citizenship allegations, but it would be best for the parties' counsel (including Defendants' counsel) to confer with their clients to confirm these allegations. Accordingly, on or before 10/22/2018, Plaintiff shall either file an amended complaint fixing these problems, or otherwise file a memorandum explaining why the current complaint sufficiently alleges jurisdiction. Defendants should be prepared to confer with Plaintiff regarding their citizenship before that date.Emailed notice (eec) |
| SUMMONS Issued as to Defendants J.S.R. Heating and Cooling, Inc., Dorothy Roberts, Joseph F. Roberts, Earl D. Stoxstell, Mary Stoxstell. (lw, ) |
| Filing 9 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. (tt, ) |
| Filing 8 NOTICE of Motion by Patrick Frasor Moran for presentment of motion for leave to file #7 before Honorable Edmond E. Chang on 10/11/2018 at 08:30 AM. (Moran, Patrick) |
| Filing 7 MOTION by Plaintiff Aire Serv LLC for leave to file Brief in Support of Motion for Preliminary Injunction and Incorporated Memorandum of Law in Excess of Fifteen Pages (Moran, Patrick) |
| Filing 6 NOTICE of Motion by Patrick Frasor Moran for presentment of motion for preliminary injunction, #5 before Honorable Edmond E. Chang on 10/11/2018 at 08:30 AM. (Moran, Patrick) |
| Filing 5 MOTION by Plaintiff Aire Serv LLC for preliminary injunction and Incorporated Memorandum of Law (Attachments: #1 Affidavit, #2 Exhibit Affidavit Exhibit A, #3 Exhibit Affidavit Exhibit B, #4 Exhibit Affidavit Exhibit C, #5 Exhibit Affidavit Exhibit D, #6 Exhibit Affidavit Exhibit E, #7 Exhibit Affidavit Exhibit F, #8 Exhibit Affidavit Exhibit G, #9 Exhibit Affidavit Exhibit H, #10 Exhibit Affidavit Exhibit I)(Moran, Patrick) |
| Filing 4 ATTORNEY Appearance for Plaintiff Aire Serv LLC by Jordan Lane Matthis (Attachments: #1 Certificate of Service)(Matthis, Jordan) |
| Filing 3 ATTORNEY Appearance for Plaintiff Aire Serv LLC by Patrick Frasor Moran (Attachments: #1 Certificate of Service)(Moran, Patrick) |
| Filing 2 CIVIL Cover Sheet (Moran, Patrick) |
| Filing 1 COMPLAINT filed by Aire Serv LLC; Filing fee $ 400, receipt number 0752-15005624. (Attachments: #1 Exhibit A)(Moran, Patrick) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Mary M. Rowland. (daj, ) |
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