3DD LLC v. Creative Visions, Inc.
| 3DD LLC and 3DD LLC an Illinois LLC doing business as 3D Cruise Partners |
| Creative Visions, Inc. |
| 1:2020cv03462 |
| June 12, 2020 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Contract: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Filing 16 SUPPLEMENT to complaint #1 Defendant's Supplemental Jurisdictional Statement (Attachments: #1 Exhibit A - Plaintiff's Response to Interrogatories)(Breen, Nathan) |
| Filing 15 MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the parties' submissions (Dkts. 12 and 14). The Court will permit limited jurisdictional discovery in order for Defendant to ascertain the identity and citizenship of Plaintiff LLC members. Plaintiff appears to raise concerns about disclosing the LLC members in its motion (Dkt. 14). If Plaintiff seeks a confidentiality order, the parties should submit an agreed proposed confidentiality order to this Court's proposed order box following the Court's standing order on "Proposed Confidentiality Orders." And if Plaintiff seeks leave to have any information filed under seal on the docket, it can file a motion to that effect with the Court describing the reasons for needing the information to be under seal. Defendant may serve targeted written discovery limited to the identity and citizenship of Plaintiff LLC members on or before 7/24/20. Plaintiff should respond on or before 8/4/20. Defendant will thereafter file its supplemental jurisdictional statement on or before 8/11/20. Because the party invoking federal subject matter jurisdiction has the burden to show that it exists (Smart v. Local 702 IBEW, 562 F.3d 798, 803 (7th Cir. 2009)), reasonable costs and fees incurred by Plaintiff in responding to the discovery will be assessed against Defendant. This matter is stayed until the issue of subject matter jurisdiction is resolved. Therefore Plaintiff's motion #14 is denied without prejudice as moot. The Court will re-set briefing deadlines once it confirms subject matter jurisdiction exists. Mailed notice. (dm, ) |
| Filing 14 MOTION by Plaintiff 3DD LLC for extension of time to file response/reply as to motion to dismiss/lack of jurisdiction #7 (Mayer, Erin) |
Filing 13
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk10, Docket)
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| Filing 12 SUPPLEMENT to text entry,,,,, #10 Memorandum in Lieu of Jurisdictional Supplement (Attachments: #1 Exhibit Exhibit 1 - Email Exchange with Opposing Counsel)(Breen, Nathan) |
| Filing 11 MINUTE entry before the Honorable Mary M. Rowland: The Court sets the following briefing schedule on Defendant's motion to dismiss for lack of jurisdiction or alternatively to transfer venue: Plaintiff's response due 7/17/20. Defendant's reply due 7/31/20. No appearance necessary on 7/1/20. Mailed notice. (dm, ) |
| Filing 10 MINUTE entry before the Honorable Mary M. Rowland:Defendant removed this case to federal court based on diversity jurisdiction. (Dkt. 1). On or before July 10, 2020, Defendant shall file a jurisdictional supplement, as a separate docket entry. Defendant is reminded that for LLCs, the citizenship is the citizenship of each of its members. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Thus the jurisdictional statement as to an LLC "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. See also Graff v. Leslie Hindman Auctioneers, Inc., 299 F. Supp. 3d 928, 933 (N.D. Ill. 2017) ("complete diversity between the parties [is] based on their citizenship at the time of removal"). 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 Defendant fails to file the jurisdictional supplement as directed, the case may be dismissed for lack of subject-matter jurisdiction. Mailed notice. (dm, ) |
| Filing 9 NOTICE of Motion by Nathan J. Breen for presentment of motion to dismiss/lack of jurisdiction, #8 , motion to dismiss/lack of jurisdiction #7 before Honorable Mary M. Rowland on 7/1/2020 at 09:45 AM. (Breen, Nathan) |
| Filing 8 MOTION by Defendant Creative Visions, Inc. to dismiss for lack of jurisdiction or alternatively to transfer venue (Attachments: #1 Affidavit Affidavit of W. Allin Foulkrod, #2 Affidavit Affidavit of JD Hensarling, #3 Affidavit Affidavit of Ethan Drum)(Breen, Nathan) |
| Filing 7 MOTION by Defendant Creative Visions, Inc. to dismiss for lack of jurisdiction or alternatively to transfer venue (Breen, Nathan) |
| Filing 6 ATTORNEY Appearance for Plaintiff 3DD LLC by Erin M. Mayer (Mayer, Erin) |
| Filing 5 ATTORNEY Appearance for Plaintiff 3DD LLC by Christina Elaine Lutz (Lutz, Christina) |
| Filing 4 ATTORNEY Appearance for Defendant Creative Visions, Inc. by Jonathan T. Howe (Howe, Jonathan) |
| Filing 3 ATTORNEY Appearance for Defendant Creative Visions, Inc. by Nathan J. Breen (Breen, Nathan) |
| Filing 2 MAILED Notice of Removal letter to counsel of record. (ec, ) |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (exr, ) |
| Filing 1 COMPLAINT filed by Creative Visions, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-17105455. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A)(Breen, Nathan) |
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