Pactiv LLC v. Perez
Plaintiff: Pactiv LLC
Defendant: Michael Perez
Case Number: 1:2020cv01296
Filed: February 21, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: Elaine E Bucklo
Referring Judge: Mary M Rowland
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2020 Opinion or Order Filing 18 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket12, )
March 25, 2020 Opinion or Order Filing 17 Supplemental Jurisdictional Statement STATEMENT by Pactiv LLC (Marsh, Robyn)
March 16, 2020 Opinion or Order Filing 16 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, )
March 16, 2020 Opinion or Order Filing 15 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff has until 4/10/20 to respond to Defendant's motion to dismiss #10 . Reply, if any, is due 5/1/20. The court will rule by mail. No appearance necessary on 3/18/20. Mailed notice. (dm, )
March 16, 2020 Opinion or Order Filing 14 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff has not sufficiently alleged diversity jurisdiction in its complaint. On or before 3/27/20, Plaintiff shall file a jurisdictional supplement, as a separate docket entry. For individuals, "[c]itizenship means domicile (the person's long-term plan for a state of habitation) rather than just current residence." Myrick v. WellPoint, Inc., 764 F.3d 662, 664 (7th Cir. 2014). For LLCs, 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). Thus "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." Id. In addition, allegations of citizenship based on "information and belief" are insufficient to establish diversity jurisdiction in the Seventh Circuit. See Brickstructures, Inc. v. Coaster Dynamix, Inc., 2017 U.S. Dist. LEXIS 159681, at *2 (N.D. Ill. Sep. 28, 2017). If Plaintiff fails to file the jurisdictional supplement as directed, the case may be dismissed for lack of subject-matter jurisdiction. Mailed notice. (dm, )
March 13, 2020 Opinion or Order Filing 13 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. (td, )
March 12, 2020 Opinion or Order Filing 12 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Mary M. Rowland for all further proceedings. Honorable Harry D. Leinenweber no longer assigned to the case. Signed by Executive Committee on 3/12/2020. (td, )
March 11, 2020 Opinion or Order Filing 11 NOTICE of Motion by David Porter for presentment of Motion to Dismiss for Failure to State a Claim, #10 before Honorable Harry D. Leinenweber on 3/18/2020 at 09:30 AM. (Porter, David)
March 11, 2020 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Michael Perez (Attachments: #1 Exhibit A (Declaration of Michael Perez), #2 Exhibit 1-7 to the Perez Declaration, #3 Memorandum of Law in Support of Motion to Dismiss)(Porter, David)
March 4, 2020 Opinion or Order Filing 9 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Harry D. Leinenweber for all further proceedings. Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Executive Committee on 3/4/20. (kp, )
March 4, 2020 Opinion or Order MIDP NOTICE: This case has been reassigned to a judge that is not participating in the MIDP Program therefore, this case is no longer part of MIDP Program regarding #9 . (kp, )
March 2, 2020 Opinion or Order Filing 8 ATTORNEY Appearance for Defendant Michael Perez by David Porter (Porter, David)
February 26, 2020 Opinion or Order Filing 7 SUMMONS Returned Executed by Pactiv LLC as to Michael Perez on 2/24/2020, answer due 3/16/2020. (Marsh, Robyn)
February 24, 2020 Opinion or Order Filing 6 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, )
February 24, 2020 Opinion or Order SUMMONS Issued as to Defendant Michael Perez (dxb, )
February 21, 2020 Opinion or Order Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pactiv LLC (Marsh, Robyn)
February 21, 2020 Opinion or Order Filing 4 ATTORNEY Appearance for Plaintiff Pactiv LLC by Michael Dale Wexler (Wexler, Michael)
February 21, 2020 Opinion or Order Filing 3 ATTORNEY Appearance for Plaintiff Pactiv LLC by Robyn Elizabeth Marsh (Marsh, Robyn)
February 21, 2020 Opinion or Order Filing 2 CIVIL Cover Sheet (Marsh, Robyn)
February 21, 2020 Opinion or Order Filing 1 COMPLAINT filed by Pactiv LLC; Jury Demand. Filing fee $ 400, receipt number 0752-16752154. (Attachments: #1 Exhibit A, #2 Exhibit B)(Marsh, Robyn)
February 21, 2020 Opinion or Order CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (ecw, )

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Defendant: Michael Perez
Represented By: David Porter
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Plaintiff: Pactiv LLC
Represented By: Michael Dale Wexler
Represented By: Robyn Elizabeth Marsh
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