Pendleton v. Stageman et al
| Chastity Pendleton |
| Joseph Kenneth Stageman, Element Fleet Corporation d/b/a GELCO Corp, GELCO Corporation, Element Vehicle Management Services, LLC, Element Fleet Corporation and GELCO Corp. |
| 1:2019cv04908 |
| July 22, 2019 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| P.I.: Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on September 3, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 9/3/2019. Plaintiff's attorney fails to appear. The amended notice of removal cures the potential jurisdictional defect. Defendant's motion to dismiss #9 is entered and continued to 9/24/2019 at 9:30 a.m. Mailed notice. (jjr, ) |
| Filing 14 Amended Notice of Removal by Element Fleet Corporation, Element Vehicle Management Services, LLC, GELCO Corp., Joseph Kenneth Stageman (Barry, Michael) |
| Filing 13 MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 9/24/2019 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. (mk) |
| Filing 12 MINUTE entry before the Honorable Matthew F. Kennelly: Defendants removed the present case to federal court based on claimed diversity of citizenship. However, their removal notice does not adequately describe the citizenship of the parties. With regard to the individual parties, the removal notice describes only their states of residence, not their states of citizenship. The two are not necessarily the same. Second, two of the defendants are limited liability companies (LLC). Yet the complaint refers to the state of "incorporation" of one of them, which makes no sense. The citizenship of an LLC is that of each of its members, and if any member is itself an entity, citizenship must be traced all the way through. See, e.g., Mutual Assignment & Indemnification Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Defendant is directed to file an amended removal notice that completely an accurately describes the citizenship of each party and establishes diversity, by no later than 8/30/2019. If defendant does not do so, the Court will remand the case to state court. Defendants' motion to dismiss, noticed for presentment on 8/27/2019, is entered and continued to a status hearing set for 9/3/2019 at 9:30 AM. (mk) |
| Filing 11 ATTORNEY Appearance for Plaintiff Chastity Pendleton by Leonard Stephen Becker (Becker, Leonard) |
| Filing 10 MEMORANDUM by Element Fleet Corporation in support of motion to dismiss #9 (Attachments: #1 Exhibit Exhibit to Memorandum)(Barry, Michael) |
| Filing 9 MOTION by Defendant Element Fleet Corporation to dismiss (Barry, Michael) |
| Filing 8 Motion to Dismiss NOTICE of Motion by Michael A. Barry for presentment of before Honorable Matthew F. Kennelly on 8/27/2019 at 09:30 AM. (Barry, Michael) |
| Filing 7 Joseph Stageman's ANSWER to Complaint by Joseph Kenneth Stageman(Barry, Michael) |
| Filing 6 ATTORNEY Appearance for Defendants Element Fleet Corporation, Element Vehicle Management Services, LLC, GELCO Corp., Joseph Kenneth Stageman by Alan J. Schumacher (Schumacher, Alan) |
| Filing 5 MAILED Notice of Removal letter to counsel of record (jjr, ) |
| Filing 4 PAYMENT of Filing fee $ 400, receipt number 0752-16056059. (Barry, Michael) |
| Filing 3 ATTORNEY Appearance for Defendants Element Fleet Corporation d/b/a GELCO Corp, Element Vehicle Management Services, LLC, GELCO Corporation, Joseph Kenneth Stageman by Michael A. Barry (Barry, Michael) |
| Filing 2 CIVIL Cover Sheet (Barry, Michael) |
| Filing 1 NOTICE of Removal from Cook County Circuit Court, case number (2019 L 005240) filed by Element Fleet Corporation d/b/a GELCO Corp, Element Vehicle Management Services, LLC, GELCO Corporation, Joseph Kenneth Stageman (Barry, Michael) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (yt) |
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