Garrett v. Axe et al
| Cheryl Garrett |
| Dr. Joshua Axe, Ancient Brands, LLC, a Florida Limited Liability Company, d/b/a Ancient Nutrition Holdings, LLC, a Florida Limited Liability Company, Axe Products, a Tennessee Company, Joshua Axe, Ancient Brands, LLC and Axe Products |
| 1:2019cv00749 |
| February 6, 2019 |
| US District Court for the Northern District of Illinois |
| Rebecca R Pallmeyer |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1446 |
| Defendant |
Docket Report
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Filing 16
ORDER: Defendants have filed a third amended notice of removal, but that notice formally withdraws the request for removal to this court. Defendants report that they "disagree with the Court's interpretation of the case law for requesting this full line of membership" of the party LLCs. The court believes its ruling is dictated by Seventh Circuit authority stating that "an LLC's jurisdictional statement must identify the citizenship of each of its members as of the date the complaint or notice of removal was filed, and, if those members have members, the citizenship of those members as well." Thomas v. Guardsmark, LLC, 486 F.3d 531 (7th Cir. 2007). This case is remanded to the Circuit Court of Cook County. Civil case terminated. Signed by the Honorable Rebecca R. Pallmeyer on 2/22/2019.Mailed notice (smm, )
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| Filing 15 THIRD AMENDED Notice of Removal #12 Defendants' Third Amended Notice of Removal (Garfield, James) Modified by Clerk's office on 2/22/2019 (yap, ). |
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Filing 14
ORDER : On or before February 21, 2019, Defendants are directed to file a third amended Notice of Removal, identifying all members of Defendant LLCs. Absent such filing, this case will be remanded to the Circuit Court of Cook County, Illinois. (For further detail see Order.) Signed by the Honorable Rebecca R. Pallmeyer on 2/15/2019. Mailed notice. (etv, )
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| Filing 13 NOTICE by All Defendants re amended document #12 Defendants' Second Notice of Removal (Garfield, James) |
| Filing 12 AMENDED amended document #10 Second Amended Notice of Removal (Attachments: #1 Exhibit A)(Garfield, James) |
| Filing 11 NOTICE by All Defendants re amended document #10 Notice of Removal (Garfield, James) |
| Filing 10 AMENDED notice of removal, #3 (Attachments: #1 Exhibit A)(Garfield, James) |
| Filing 9 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant LLCs have removed this case from the Circuit Court of Cook County, but its submissions are inadequate, as Defendants have not identified their membership--a long-recognized requirement. "For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Absent amended removal papers being filed within seven days, this case will be remanded to the Circuit Court. Mailed notice. (etv, ) |
| Filing 8 ATTORNEY Appearance for Plaintiff Cheryl Garrett by Thomas M. Paris (Paris, Thomas) |
| Filing 7 MAILED Notice of Removal letter to counsel of record. (ek, ) |
| Filing 6 ATTORNEY Appearance for Defendants Ancient Brands, LLC, a Florida Limited Liability Company, d/b/a Ancient Nutrition Holdings, LLC, a Florida Limited Liability Company, Joshua Axe, Axe Products, a Tennessee Company by John William Patton, Jr (Patton, John) |
| Filing 5 ATTORNEY Appearance for Defendants Ancient Brands, LLC, a Florida Limited Liability Company, d/b/a Ancient Nutrition Holdings, LLC, a Florida Limited Liability Company, Joshua Axe, Axe Products, a Tennessee Company by Cara Louise Moore (Moore, Cara) |
| Filing 4 ATTORNEY Appearance for Defendants Ancient Brands, LLC, a Florida Limited Liability Company, d/b/a Ancient Nutrition Holdings, LLC, a Florida Limited Liability Company, Joshua Axe, Axe Products, a Tennessee Company by James Alexander Garfield (Garfield, James) |
| Filing 3 NOTICE of Removal from Cook County Circuit Court, case number (2019 L 000001) filed by Ancient Brands, LLC, a Florida Limited Liability Company, d/b/a Ancient Nutrition Holdings, LLC, a Florida Limited Liability Company, Joshua Axe, Axe Products, a Tennessee Company Filing fee $ 400, receipt number 0752-15453300. (Attachments: #1 Exhibit Exhibit A)(Garfield, James) |
| Filing 2 NOTICE by All Defendants Notice of Filing of Defendants' Notice of Removal (Garfield, James) |
| Filing 1 CIVIL Cover Sheet (Garfield, James) |
| CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (ec, ) |
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