Osborne v. WeWork Companies Inc. et al
| Elliott Osborne |
| 332 S Michigan Tenant LLC d/b/a WeWork Grant Park, 515 N State Street Tenant LLC d/b/a WeWork10, WW 111 West Illinois LLC d/b/a WeWork River North, 125 S Clark Street Tenant LLC d/b/a WeWork6, 20 W Kinzie Tenant LLC d/b/a WeWork4, WeWork Companies Inc., WW 210 N Green LLC d/b/a WeWork, WeWork Construction LLC, 330 North Wabash Tenant LLC d/b/a WeWork9, 222 S Riverside Plaza Tenant LLC d/b/a WeWork8, 1 South Dearborn Street Tenant LLC d/b/a WeWork11, 100 S State Street Tenant LLC d/b/a WeWork5, 625 West Adams Street Tenant LLC, WW 210 N Green LLC, 100 S State Street Tenant LLC, 125 S Clark Street Tenant LLC, 330 North Wabash Tenant LLC, 222 S Riverside Plaza Tenant LLC, 332 S Michigan Tenant LLC, 1 South Dearborn Street Tenant LLC, 20 W Kinzie Tenant LLC, 515 N State Street Tenant LLC and WW 111 West Illinois LLC |
| 1:2019cv08374 |
| December 20, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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Filing 18
TRANSCRIPT OF PROCEEDINGS held on February 3, 2020 before the Honorable Edmond E. Chang. Order Number: 37789. Court Reporter Contact Information: Nancy L. Bistany - nancy_bistany@ilnd.uscourts.gov - 312.435.7626. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/6/2020. Redacted Transcript Deadline set for 3/16/2020. Release of Transcript Restriction set for 5/14/2020. (Bistany, Nancy)
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Filing 17
MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. For the reasons discussed during the hearing, the Court will first address subject matter jurisdiction (specifically, Article III standing) before considering litigation over the alleged arbitration clause. The current motion #13 to dismiss is terminated without prejudice. Defendants' Jurisdictional Memorandum due 02/24/2020; Plaintiff's response to the Jurisdictional Memorandum due 03/16/2020; defense reply due 03/30/2020. Discovery is suspended, but counsel for the parties must discuss with their clients a proper litigation hold. Status hearing set for 05/07/2020 at 9:15 a.m. Mailed notice (mw, )
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Filing 16
NOTICE of Motion by Matthew C. Wolfe for presentment of motion to dismiss,, #13 before Honorable Edmond E. Chang on 2/3/2020 at 09:45 AM. (Wolfe, Matthew)
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Filing 15
STATUS Report Initial Joint Status Report by Elliott Osborne (Jenkins, Haley)
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Filing 14
MEMORANDUM by 100 S State Street Tenant LLC, 125 S Clark Street Tenant LLC, 20 W Kinzie Tenant LLC, 222 S Riverside Plaza Tenant LLC, 330 North Wabash Tenant LLC, 332 S Michigan Tenant LLC, 515 N State Street Tenant LLC, 625 West Adams Street Tenant LLC, WW 111 West Illinois LLC, WW 210 N Green LLC, WeWork Companies Inc., WeWork Construction LLC in support of motion to dismiss,, #13 DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS THE CLAIM IN FAVOR OF ARBITRATION, OR IN THE ALTERNATIVE, FOR FAILURE TO STATE A CLAIM (Attachments: #1 Affidavit Affidavit of Abraham Safdie in Support of WeWork Defendants' Motion to Dismiss with Exhibit A, #2 Affidavit Affidavit of Brian Weinstein in Support of Defendants' Motion to Dismiss)(Wolfe, Matthew)
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Filing 13
MOTION by Defendants WW 111 West Illinois LLC, 330 North Wabash Tenant LLC, WeWork Construction LLC, 20 W Kinzie Tenant LLC, 125 S Clark Street Tenant LLC, WeWork Companies Inc., 515 N State Street Tenant LLC, 625 West Adams Street Tenant LLC, 100 S State Street Tenant LLC, WW 210 N Green LLC, 222 S Riverside Plaza Tenant LLC, 332 S Michigan Tenant LLC to dismiss DEFENDANTS' MOTION TO DISMISS THE CLAIM IN FAVOR OF ARBITRATION, OR IN THE ALTERNATIVE, FOR FAILURE TO STATE A CLAIM (Wolfe, Matthew)
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Filing 12
Defendants' Jurisdictional Statement by WeWork Companies Inc. (Wolfe, Matthew)
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Filing 11
MINUTE entry before the Honorable Edmond E. Chang: Defendants' unopposed extension motion #9 to answer or respond to the complaint is granted to 01/27/2020. The initial status hearing is set for 02/03/2020 at 9:45 a.m. By 01/27/2020, the parties shall file a joint status report using the attached format. Also, on review of the complaint, the Court makes the following jurisdictional inquiry. Defendants premise jurisdiction on minimal diversity of citizenship under CAFA, 28 U.S.C. 1332(d). In their notice of removal, Defendants allege that Plaintiff is a citizen of Illinois. R. 1, Notice of Removal at 3 (citing Compl. Para. 18). The notice then alleges that The We Company Management Holdings L.P. is the sole member of WeWork Companies LLC (the successor of the now dissolved WeWork Companies, Inc.). Id. Defendants then generally allege that none of the partners of the L.P. are citizens of Illinois (a partnership's citizenship for purposes of diversity jurisdiction depends on the citizenship of its partners. Guar. Nat. Title Co. v. J.E.G. Assocs., 101 F.3d 57, 58 (7th Cir. 1996)). Notice of Removal at 3. But it is necessary to specifically identify at least one non-Illinois partner, rather than just rely on the general allegation, so that the Court can confirm whether there is at least minimal diversity under CAFA. Accordingly, on or before 01/10/2020, Defendants shall either file a Jurisdictional Statement that identifies a non-Illinois partner, or otherwise file a memorandum explaining why jurisdiction has been sufficiently alleged. Mailed notice (Attachments: #1 Initial Status Report) (sxw, )
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Filing 10
NOTICE of Motion by Benjamin Sedrish for presentment of motion for extension of time to file answer, #9 before Honorable Edmond E. Chang on 1/6/2020 at 08:30 AM. (Sedrish, Benjamin)
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Filing 9
MOTION by Defendants 100 S State Street Tenant LLC, 125 S Clark Street Tenant LLC, 20 W Kinzie Tenant LLC, 222 S Riverside Plaza Tenant LLC, 330 North Wabash Tenant LLC, 332 S Michigan Tenant LLC, 515 N State Street Tenant LLC, 625 West Adams Street Tenant LLC, WW 111 West Illinois LLC, WW 210 N Green LLC, WeWork Companies Inc., WeWork Construction LLC for extension of time to file answer (Sedrish, Benjamin)
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Filing 8
MAILED Notice of Removal letter to counsel of record. (sxb, )
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Filing 7
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, )
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Filing 6
ATTORNEY Appearance for Defendants 1 South Dearborn Street Tenant LLC d/b/a WeWork11, 100 S State Street Tenant LLC d/b/a WeWork5, 125 S Clark Street Tenant LLC d/b/a WeWork6, 20 W Kinzie Tenant LLC d/b/a WeWork4, 222 S Riverside Plaza Tenant LLC d/b/a WeWork8, 330 North Wabash Tenant LLC d/b/a WeWork9, 332 S Michigan Tenant LLC d/b/a WeWork Grant Park, 515 N State Street Tenant LLC d/b/a WeWork10, 625 West Adams Street Tenant LLC, WW 111 West Illinois LLC d/b/a WeWork River North, WW 210 N Green LLC d/b/a WeWork, WeWork Companies Inc., WeWork Construction LLC by Benjamin Sedrish (Sedrish, Benjamin)
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Filing 5
ATTORNEY Appearance for Defendants 1 South Dearborn Street Tenant LLC d/b/a WeWork11, 100 S State Street Tenant LLC d/b/a WeWork5, 125 S Clark Street Tenant LLC d/b/a WeWork6, 20 W Kinzie Tenant LLC d/b/a WeWork4, 222 S Riverside Plaza Tenant LLC d/b/a WeWork8, 330 North Wabash Tenant LLC d/b/a WeWork9, 332 S Michigan Tenant LLC d/b/a WeWork Grant Park, 515 N State Street Tenant LLC d/b/a WeWork10, 625 West Adams Street Tenant LLC, WW 111 West Illinois LLC d/b/a WeWork River North, WW 210 N Green LLC d/b/a WeWork, WeWork Companies Inc., WeWork Construction LLC by Melissa Anne Siebert (Siebert, Melissa)
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Filing 4
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Defendants (Wolfe, Matthew)
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Filing 3
ATTORNEY Appearance for Defendants 1 South Dearborn Street Tenant LLC d/b/a WeWork11, 100 S State Street Tenant LLC d/b/a WeWork5, 125 S Clark Street Tenant LLC d/b/a WeWork6, 20 W Kinzie Tenant LLC d/b/a WeWork4, 222 S Riverside Plaza Tenant LLC d/b/a WeWork8, 330 North Wabash Tenant LLC d/b/a WeWork9, 332 S Michigan Tenant LLC d/b/a WeWork Grant Park, 515 N State Street Tenant LLC d/b/a WeWork10, 625 West Adams Street Tenant LLC, WW 111 West Illinois LLC d/b/a WeWork River North, WW 210 N Green LLC d/b/a WeWork, WeWork Companies Inc., WeWork Construction LLC by Matthew C. Wolfe (Wolfe, Matthew)
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Filing 2
CIVIL Cover Sheet (Wolfe, Matthew)
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Filing 1
NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2019CH12856) filed by WeWork Companies Inc. Filing fee $ 400, receipt number 0752-16556794. (Attachments: #1 Exhibit A - State court pleadings, #2 Exhibit B - State court notice of filing notice of removal)(Wolfe, Matthew)
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (txl, )
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