Image Dental, LLC v. Citizens Insurance Company of America
| Image Dental, LLC |
| Citizens Insurance Company of America |
| 1:2020cv02759 |
| May 6, 2020 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on June 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 ATTORNEY Appearance for Defendant Citizens Insurance Company of America by Jennifer Lynn Smith (Attachments: #1 Notice of Filing Notice of Filing, #2 Certificate of Service Certificate of Service)(Smith, Jennifer) |
| Filing 12 ATTORNEY Appearance for Defendant Citizens Insurance Company of America by Todd S. Schenk (Attachments: #1 Notice of Filing Notice of Filing, #2 Certificate of Service Certificate of Service)(Schenk, Todd) |
| Filing 11 MINUTE entry before the Honorable Steven C. Seeger: The status hearing previously set for July 22, 2020 is stricken. The parties shall file a joint status report on the docket and shall submit a Word version of the proposed scheduling order to the Court's proposed order inbox by July 17, 2020. Mailed notice. (jjr, ) |
Filing 10
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, )
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| Filing 9 FIRST AMENDED complaint by Image Dental, LLC against Citizens Insurance Company of America (Mulder, Michael) |
| Filing 8 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff Image Dental LLC invokes this Court's diversity jurisdiction in the Class Action Complaint, but the jurisdictional allegations are deficient. Plaintiff is a limited liability company, which means that it is a citizen where its members are citizens. See, e.g., Belleville Catering Co. v. Champaign Mkt. Place LLC, 350 F.3d 691, 692 (7th Cir. 2003); Thomas v. Guardmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) ("For diversity jurisdictional purposes, the citizenship of an LLC is the citizenship of each of its members."). The complaint alleges that Image Dental LLC has offices in Illinois, but it includes no information about how many members it has, or where they are domiciled. See West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829 (7th Cir. 2020) ("We've held repeatedly that there's no such thing as a [state name here] partnership or LLC, that only the partners' or members' citizenships matter, and that their identities and citizenships must be revealed.... We do not blithely accept assurances along the lines of 'no one on our side is a citizen of the opposing litigant's state.'") (brackets and italic in original; citation omitted); Dalton v. Teva North America, 891 F.3d 687, 690 (7th Cir. 2018). The fact that the case is a putative class action does not change the fact that Plaintiff must disclose its citizenship. By May 22, 2020, Plaintiff shall filed an amended complaint that discloses how many members it has and where they are citizens. Failure to do so may lead to dismissal for want of subject matter jurisdiction. Mailed notice. (jjr, ) |
| SUMMONS Issued as to Defendant Citizens Insurance Company of America (dxb, ) |
| Filing 7 MINUTE entry before the Honorable Steven C. Seeger: An initial status hearing is set for July 22, 2020 at 9:00 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 July 17, 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 5 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. (mc, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (txl, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Image Dental, LLC by Elena N Liveris (Liveris, Elena) |
| Filing 3 ATTORNEY Appearance for Plaintiff Image Dental, LLC by Michael M. Mulder (Mulder, Michael) |
| Filing 2 CIVIL Cover Sheet (Mulder, Michael) |
| Filing 1 COMPLAINT filed by Image Dental, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-16993343.(Mulder, Michael) |
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| Defendant: Citizens Insurance Company of America | |
| Represented By: | Jennifer Lynn Smith |
| Represented By: | Todd S. Schenk |
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| Plaintiff: Image Dental, LLC | |
| Represented By: | Michael M. Mulder |
| Represented By: | Elena N Liveris |
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