Admiral Insurance Company v. Brown Services, LLC et al
| Admiral Insurance Company |
| Thompson Electric, Inc, Brown Services, LLC BDA Brown Safety Services and Estate of Steven Smith |
| 1:2020cv01951 |
| March 24, 2020 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Contract: Insurance |
| 28 U.S.C. ยง 2201 |
| None |
Docket Report
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Filing 12
Jurisdictional Memorandum by Admiral Insurance Company Pursuant to Court Order dated 4.17.2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Litchfield, Daniel)
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Filing 11
MINUTE entry before the Honorable John F. Kness: Despite any other order to the contrary, the Court clarifies that the jurisdictional memorandum ordered on April 17, 2020 remains due on or before May 8, 2020. If this deadline creates undue hardship based on current circumstances, Plaintiff may file a written motion seeking an extension of the deadline. Mailed notice (ef, )
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Filing 10
ORDER : STANDING ORDER REGARDING CIVIL CASES. Signed by the Honorable John F. Kness on 4/30/2020: Mailed notice. (docket4, )
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Filing 9
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, )
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Filing 8
MINUTE entry before the Honorable John F. Kness: Upon review of the complaint, the Court orders the following jurisdictional inquiry. Plaintiff premises subject matter jurisdiction on diversity of citizenship. Plaintiff alleges that Brown Services, LLC, "BDA" (presumably "DBA""doing business as") Brown Safety Services, is a "corporation" organized in Illinois with its principal place of business in Illinois. (Dkt. 1, para. 4.) It appears from the complaint's caption, however, that Brown Services is an LLC, which is not the same thing (for jurisdictional purposes at least) as a corporation. (It is also unclear whether Brown Safety Services is a separate legal entity or merely a business moniker.) Unlike a corporation, an LLC's citizenship for purposes of diversity jurisdiction consists of the citizenship of each of the LLC's member shareholders. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006); Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 692 (7th Cir. 2003) (LLCs are not treated like corporations for diversity jurisdiction purposes but rather are analogized to partnerships; "limited liability companies are citizens of every state of which any member is a citizen"). Because the complaint does not identify the membership of Brown Services, the Court orders Plaintiff to file a Jurisdictional Memorandum stating, based on the facts of which Plaintiff is aware, the specific identities and citizenship of each individual member of Brown Services. Plaintiff must also clarify whether Brown Safety Services is a separate legal entity. Moreover, Plaintiff does not allege any facts concerning the citizenship of Defendant Thompson Electric, Inc.a factor also essential to determining whether diversity jurisdiction exists in this case. See, e.g., Krueger v. Cartwright, 996 F.2d 928, 931 (7th Cir. 1993) ("Under the rule of complete diversity, if there are residents of the same state on both sides of a lawsuit, the suit cannot be maintained under the diversity jurisdiction even when there is also a nonresident party"). Thus the Jurisdictional Memorandum should also describe the citizenship of Thompson Electric, Inc. Plaintiff must file its Jurisdictional Memorandum on or before May 8, 2020. Mailed notice (ef, )
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Filing 7
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. (docket5, )
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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. (gcy, )
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Filing 5
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Admiral Insurance Company (Litchfield, Daniel)
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Filing 4
ATTORNEY Appearance for Plaintiff Admiral Insurance Company by Mary Elizabeth Canty (Canty, Mary)
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Filing 3
ATTORNEY Appearance for Plaintiff Admiral Insurance Company by Daniel G. Litchfield (Litchfield, Daniel)
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Filing 2
CIVIL Cover Sheet (Litchfield, Daniel)
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Filing 1
COMPLAINT For Declaratory Judgment filed by Admiral Insurance Company; Filing fee $ 400, receipt number 0752-16872405. (Attachments: #1 Exhibit A, #2 Exhibit B)(Litchfield, Daniel)
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (lw, )
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