State National Insurance Company, Inc. v. 619 Brummel (Evanston), LLC et al
| State National Insurance Company, Inc. |
| Owl Management, LLC, Stephanie Gross, 619 Brummel (Evanston), LLC and Christopher Boren |
| 1:2019cv07007 |
| October 24, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 16, 2019. 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 hearing held. Both sides reported that the underlying state court action has been settled and the agreement will be executed in the next few days. The parties in this case are working on a stipulation of non-coverage. Based on these representations, the case is dismissed without prejudice, with leave to move for reinstatement by 03/06/2020. If no motion to reinstate is filed by 03/06/2020, then the dismissal shall automatically convert to a dismissal with prejudice. Civil case terminated. Mailed notice (mw, ) |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang: The unopposed extension motion #14 of Defendants 619 Brummel and Owl Management to respond to the Complaint is granted to 01/18/2020. Emailed notice (slb, ) |
| Filing 16 ATTORNEY Appearance for Defendants 619 Brummel (Evanston), LLC, Owl Management, LLC by Tammy L. Adkins Corrected (Adkins, Tammy) |
| Filing 15 NOTICE of Motion by Susan E. Groh for presentment of motion for extension of time to file answer #14 before Honorable Edmond E. Chang on 11/21/2019 at 08:30 AM. (Groh, Susan) |
| Filing 14 MOTION by Defendants 619 Brummel (Evanston), LLC, Owl Management, LLC for extension of time to file answer (Groh, Susan) |
| Filing 13 ATTORNEY Appearance for Defendants 619 Brummel (Evanston), LLC, Owl Management, LLC by Susan E. Groh (Groh, Susan) Docket text modified by Clerk's Office on 11/19/2019 (lma, ). |
| Filing 12 ATTORNEY Appearance for Defendants 619 Brummel (Evanston), LLC, Owl Management, LLC by Susan E. Groh (Groh, Susan) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang:Plaintiff's extension motion #9 to file Jurisdictional Statement is granted in limited part: the Statement is due by 12/23/2019. The status hearing of 12/16/2019 remains in place. The Court anticipates that either (1) the case will be mooted by the possible continued dismissal of the underlying state court case (as reported in the extension motion) or (2) the state case will be reinstated and then the LLC defendants promptly will provide their members' identities and citizenship to Plaintiff or directly to the Court at the status hearing. Plaintiff shall forward this docket entry to counsel for the LLC defendants so that counsel is aware of the status hearing and shall appear at the hearing. Emailed notice (slb, ) |
| Filing 10 NOTICE of Motion by Stephanie Alix Nashban for presentment of motion for extension of time to file #9 before Honorable Edmond E. Chang on 11/19/2019 at 08:30 AM. (Nashban, Stephanie) |
| Filing 9 MOTION by Plaintiff State National Insurance Company, Inc. for extension of time to file Jurisdictional Statement (Nashban, Stephanie) |
| Filing 8 SUMMONS Returned Executed by State National Insurance Company, Inc. as to 619 Brummel (Evanston), LLC on 10/28/2019, answer due 11/18/2019. (Walton, Jonathan) |
| Filing 7 SUMMONS Returned Executed by State National Insurance Company, Inc. as to Owl Management, LLC on 10/30/2019, answer due 11/20/2019. (Walton, Jonathan) |
| Filing 6 ATTORNEY Appearance for Plaintiff State National Insurance Company, Inc. by Stephanie Alix Nashban (Nashban, Stephanie) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang:Upon review of the complaint, the Court orders the following jurisdictional inquiry. State National premises subject matter jurisdiction on diversity of citizenship. In a paragraph, the complaint alleges that Gross and Boren are citizens of Illinois. R.1 at paragraph 10. But the only factual support offered for this conclusion is that Gross and Boren are both "resident[s]" of Illinois. R. 1 at Paras. 7-8. Residency alone is not enough to establish citizenship for diversity jurisdiction purposes. Rather, what matters is domicile. Dakuras v. Edwards, 312 F.3d 256, 258 (7th Cir. 2002) ("Citizenship for purposes of diversity jurisdiction is domicile, and domicile is the place one intends to remain."). Also, two of the parties here are LLCs: 619 Brummel and Owl Management. State National alleges that both 619 Brummel and Owl Management are organized and maintain principal places of business in Illinois. R. 1 at Paras. 5-6. But that is not the relevant status for an LLC's citizenship. Rather, an LLC is a citizen of every state where each of its members are citizens. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). Here, the complaint does not identify the members of either 619 Brummel or Owl Management, and does not identify the citizenship of the members. By 11/15/2019, State National shall file a Jurisdictional Memorandum addressing these deficiencies. Emailed notice (slb, ) |
| Filing 4 MINUTE entry before the Honorable Edmond E. Chang:Initial status hearing set for 12/16/2019 at 9:30 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 3 ATTORNEY Appearance for Plaintiff State National Insurance Company, Inc. by Jonathan Rowan Walton (Walton, Jonathan) |
| 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. (kp, ) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT filed by State National Insurance Company, Inc.; Filing fee $ 400, receipt number 0752-16370039. (Attachments: #1 Civil Cover Sheet Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Walton, Jonathan) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (rc, ) |
| SUMMONS Issued as to Defendants 619 Brummel (Evanston), LLC, Owl Management, LLC (mc, ) |
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