Maplehurst Bakeries, LLC v. John Bean Technologies Corporation et al
| Maplehurst Bakeries, LLC |
| Precision Industrial Contractors, Inc. and John Bean Technologies Corporation |
| 1:2020cv01392 |
| February 26, 2020 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 28 REMAND with certified copy of Order dated April 7, 2020 and letter to Circuit Court of Cook County via email. (jjr, ) |
| Filing 27 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff Maplehurst Bakeries LLC's motion to remand (Dckt. No. #25 ) is hereby granted. This Court lacks subject matter jurisdiction because there is no complete diversity of citizenship. Plaintiff Maplehurst Bakeries is a limited liability company, and according to its corporate disclosure statement, the only member of the LLC is Weston Foods US, Inc., a Delaware corporation. (Dckt. No. #24 ). Under long-settled Seventh Circuit precedent, an LLC is deemed to be a citizen of the state of each of its members. See, e.g., Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998) ("[T]he citizenship of an LLC for purposes of the diversity jurisdiction is the citizenship of its members."); Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equip. Co., 759 F.3d 787, 787-88 (7th Cir. 2014); Thomas v. Guardsmark, LLC, 487 F.3d 531 (7th Cir. 2007) ("For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members."). In its response, Defendant relies on the Supreme Court's decision in Hertz Corp. v. Friend, 559 U.S. 77 (2010), which discussed the citizenship of a corporation. But for diversity jurisdiction purposes, the analysis for the citizenship of an LLC is completely different from the analysis for the citizenship of a corporation. A limited liability company is a citizen of the state of each of its members, but a corporation is a citizen of the state where it is incorporated and where it has its principal place of business. See Martin v. Living Essentials, LLC, 653 Fed. Appx. 482, 485 (7th Cir. 2016) ("[T]he home 'base' of a limited liability company, or LLC, is irrelevant, given that an LLC has the citizenship of each of its members."). Here, Plaintiff is an LLC, and its member is a citizen of Delaware. Defendant John Bean Technologies Corp. is incorporated in, and thus a citizen of, Delaware. So there is no complete diversity of citizenship. The motion to remand is granted. This case is remanded to the Circuit Court of Cook County forthwith. Civil case terminated. Mailed notice. (jjr, ) |
| Filing 26 RESPONSE by John Bean Technologies Corporationin Opposition to MOTION by Plaintiff Maplehurst Bakeries, LLC to remand to Illinois Circuit Court of Cook County #25 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Burns, Thomas) |
| Filing 25 MOTION by Plaintiff Maplehurst Bakeries, LLC to remand to Illinois Circuit Court of Cook County (Anderson, Mark) |
| Filing 24 Corporate Disclosure by Maplehurst Bakeries, LLC (Anderson, Mark) |
Filing 23
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, )
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| Filing 22 FIRST AMENDED complaint by Maplehurst Bakeries, LLC against All Defendants (Attachments: #1 Exhibit Exhibits A-D, #2 Exhibit Exhibit E)(Anderson, Mark) |
| Filing 21 MINUTE entry before the Honorable Steven C. Seeger: Plaintiffs' Motion for Leave to File an Amended and Supplemental Complaint (Dckt. No. #20 ) is hereby granted. Plaintiff attached a draft of the proposed first amended complaint to its motion. Plaintiff shall file an amended complaint on the docket by April 1, 2020. The Court assumes that that deadline is doable, given that the pleading appears to be ready to go. But if that deadline poses a problem for any reason in light of the public health situation, counsel shall notify this Court's Courtroom Deputy by email, and the Court will grant more time. Mailed notice. (jjr, ) |
| Filing 20 MOTION by Plaintiff Maplehurst Bakeries, LLC for leave to file Amended and Supplemental Complaint (Attachments: #1 Exhibit Exhibit A - 1st Amended Complaint, #2 Exhibit Exhibit B - Relined 1st Amended Complaint)(Anderson, Mark) |
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Filing 19
ORDER In light of the public health situation, the Court encourages all parties and their counsel to take precautions, be reasonable, and use common sense in pending cases. In General Order No. 20-0012 dated March 16, 2020 (and amended on March 17), the U.S. District Court for the Northern District of Illinois extended all deadlines in civil cases by three weeks. Parties should assume that this Court will accommodate reasonable requests for extensions in the coming weeks, and counsel should show flexibility and accommodate each other too. This Court will grant a six-week extension of fact discovery if requested (and there is no need for an immediate request). Parties should not take depositions before April 17 unless (1) they take place telephonically; and (2) all parties and the witness(es) consent. Even a telephonic deposition often requires an in-person meeting to prepare the witness, so telephonic depositions can go forward only if everyone agrees. If any party or witness wants a deposition to take place in person, the deposition will take place after April 17. Needless to say, that date may change as the public health situation continues to evolve. Parties should continue to make progress in their cases when possible, but in a manner that is consistent with public health and safety. In the meantime, continue to work together cooperatively in the best traditions of our shared profession. The Court thanks all parties and their counsel for their patience and understanding during this difficult time.Signed by the Honorable Steven C. Seeger on 3/18/2020: Mailed notice. (docket1, )
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Filing 18
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, )
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| Filing 17 MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule for Defendant John Bean Technologies' Motion to Dismiss (Dckt. No. #11 ). Plaintiff's response is due by April 13, 2020. Defendants' reply is due by April 27, 2020. Motion hearing set for March 17, 2020 is stricken. Mailed notice. (jjr, ) |
| Filing 16 MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to appear pro hac vice (Dckt. No. #15 ) is hereby granted. Attorney Mark S. Anderson is added as counsel for Maplehurst Bakeries, LLC. Mailed notice. (jjr, ) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16815576. (Anderson, Mark) |
| Filing 14 MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to appear pro hac vice (Dckt. No. #13 ) is hereby granted. Attorney Angela V Sayre is added as counsel for John Bean Technologies Corporation. Mailed notice. (jjr, ) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16804747. (Sayre, Angela) |
| Filing 12 NOTICE of Motion by Thomas Joseph Burns for presentment of Motion to Dismiss for Failure to State a Claim, #11 before Honorable Steven C. Seeger on 3/17/2020 at 09:00 AM. (Burns, Thomas) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John Bean Technologies Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Burns, Thomas) |
| Filing 10 ATTORNEY Appearance for Plaintiff Maplehurst Bakeries, LLC by Marisa L. Saber (Saber, Marisa) |
| Filing 9 MINUTE entry before the Honorable Steven C. Seeger: An initial status hearing is set for May 12, 2020 at 9:30 a.m. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. At least two weeks before the hearing, the parties must discuss settlement in good faith, and make a serious attempt to resolve this case amicably. The parties also must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court before the initial status hearing. First, the parties must file the Joint Initial Status Report under Rule 26(f) by May 7, 2020. A Word version of the Joint Initial Status Report is available on the Court's website. Second, the parties must submit a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Please note that the parties must file the Joint Initial Status Report on the Court's docket, but must email (i.e., not file on the docket) the proposed Scheduling Order to the Court's proposed order inbox. The initial status hearing will be the scheduling conference contemplated by Rule 16(b). Lead counsel for the parties must participate in the initial status conference. Counsel must be prepared to discuss the status of settlement, as well as the proposed discovery plan. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process by one week before the initial status hearing, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status hearing. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 8 E-MAILED Notice of removal letter to attorney Marisa Saber (las, ) |
| 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. (las, ) |
| Filing 6 ATTORNEY Appearance for Defendant John Bean Technologies Corporation by Meredith Suzanne Hudgens (Hudgens, Meredith) |
| Filing 5 ATTORNEY Appearance for Defendant John Bean Technologies Corporation by Thomas Joseph Burns (Burns, Thomas) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by John Bean Technologies Corporation re notice of removal, #1 (Schourek, Anna Liisa) |
| Filing 3 ATTORNEY Appearance for Defendant John Bean Technologies Corporation by Anna Liisa Louise Schourek (Schourek, Anna Liisa) |
| Filing 2 CIVIL Cover Sheet (Schourek, Anna Liisa) |
| Filing 1 NOTICE of Removal from Cook County, case number (2020L001144) filed by John Bean Technologies Corporation Filing fee $ 400, receipt number 0752-16765975. (Attachments: #1 Appendix Listing of Exhibits in Support of Notice of Removal, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(Schourek, Anna Liisa) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (dxb, ) |
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