Key Outdoor Inc. v. Briggs et al
| KEY OUTDOOR INC. |
| Wayne Briggs and Motion Media, Inc. |
| 1:2018cv07206 |
| October 29, 2018 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 12, 2018. A more recent docket listing may be available from PACER.
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| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Defendants' motion to transfer venue #13 . The Court explained that, if there is no viable federal venue in NDIL, then it would make sense for CDIL (Plaintiff's business is located in Kankakee County) to decide the transfer motion for itself. Plaintiff's response to the motion to transfer #13 due 01/09/2019, including whether there is venue in NDIL. Defendants' reply due 01/23/2019, and must also address whether there is venue in NDIL. But if truly there is no viable basis for venue here, then Defendants should report that conclusion as quickly as possible so that the case can be transferred to CDIL for decision on S.D. Iowa versus CDIL. Defendants' answer to the complaint due 01/23/2019. Status hearing set for 02/07/2019 at 8:30 a.m.Emailed notice (slb, ) |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang:On the Court's own initiative, the status and motion hearing of 8:30 a.m. on 12/12/2018 is reset to 8:45 a.m. on the same date. Emailed notice (slb, ) |
| Filing 16 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Initial Status Report, filed by Plaintiff Key Outdoor Inc.. (Kelly, Timothy) |
| Filing 15 NOTICE of Motion by George S. Bellas for presentment of before Honorable Edmond E. Chang on 12/12/2018 at 08:30 AM. (Bellas, George) |
| Filing 14 EXHIBIT by Defendants Wayne Briggs, Motion Media, Inc. regarding memorandum in support of motion #13 (Bellas, George) |
| Filing 13 MEMORANDUM and Motion in Support of Defendants' Motion to Transfer Venue (Bellas, George) |
| Filing 12 AMENDED complaint, #1 Amended Notice of Removal (Bellas, George) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang:The Court has reviewed the notice of removal, R. 1, and issues the following jurisdictional inquiry. Defendants have removed this case from the Circuit Court of Cook County, relying on diversity jurisdiction, 28 U.S.C. 1332, for subject matter jurisdiction. R. 1 para. 2. The removing party has the burden of establishing jurisdiction. Carroll v. Stryker Corp., 658 F.3d 675, 680 (7th Cir. 2011). Defendants allege that plaintiff is an Illinois corporation with its principal place of business in Illinois. Id. para. 5 (citing Exh. B, State Court Compl. para. 1). Defendants then note that the complaint allegest that Defendant Wayne Briggs, Jr. "is a natural person residing in Iowa." Id. para. 6 (citing State Court Compl. para. 2). But the *citizenship* of the partiesas distinct from residencyis what matters. Hunter v. Amin, 583 F.3d 486, 491 (7th Cir. 2009). Defendants shall either amend the notice of removal by 11/16/2018 with the necessary allegation (if it can do so in good faith), or file a memorandum by that date explaining why this case should not be remanded to the Circuit Court of Cook County for lack of subject matter jurisdiction. Emailed notice (slb, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Key Outdoor Inc. by Thomas Joseph Scannell (Scannell, Thomas) |
| Filing 9 ATTORNEY Appearance for Plaintiff Key Outdoor Inc. by William D. Leslie (Leslie, William) |
| Filing 8 ATTORNEY Appearance for Plaintiff Key Outdoor Inc. by Timothy Michael Kelly (Kelly, Timothy) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang:Initial status hearing set for 12/12/2018 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 ATTORNEY Appearance for Defendants Wayne Briggs, Motion Media, Inc. by Misty J. Cygan (Cygan, Misty) |
| Filing 5 ATTORNEY Appearance for Defendants Wayne Briggs, Motion Media, Inc. by George S. Bellas (Bellas, George) |
| Filing 4 CIVIL Cover Sheet (Bellas, George) |
| Filing 3 MAILED Notice of Removal letter to counsel of record (sxb, ) |
| Filing 2 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. (sxb, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (rc, ) |
| Filing 1 NOTICE of Removal filed by Motion Media, Inc., Wayne Briggs; Filing fee $ 400, receipt number 0752-15115147. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Bellas, George) (Docket text modified by Clerks' Office) (sxb, ). |
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