Contreras v. Wynn et al
| Soila Contreras |
| Law Office of Michael A Galason, Classic Realty Group-IL, Inc., Daniel Wynn, Private Lending Group, Inc., Michael Galason, Better Way Investments LLC, John Doe 1-5, Naomi Dieter, Ralph Vargas and Freestyle Investments LLC |
| 1:2020cv04072 |
| July 10, 2020 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Real Property: Other |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 11 MINUTE entry before the Honorable Matthew F. Kennelly: The schedule on plaintiff's newly-filed motion to remand will follow the schedule previously set: defendants' response is to be filed by 9/9/2020, and plaintiff's reply is to be filed by 9/23/2020. Ruling and status hearing are set for 10/6/2020 at 9:00 AM, by telephone as previously ordered. (mk) |
| Filing 10 MOTION by Plaintiff Soila Contreras to remand Defendants' Amended Removal Petition (Young, Michael) |
| Filing 9 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/12/2020. Plaintiff's counsel confirms that plaintiff is an Illinois citizen. Defendant's response to the plaintiff's motion to remand #6 by 9/9/2020; plaintiff's reply is due 9/23/2020. A telephonic status and a ruling hearing are set for 10/6/2020 at 9:00 a.m. The following call-in number will be used: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) |
| Filing 8 NOTICE of Removal from Circuit Court of Cook County, case number (2020CH03980) filed by Better Way Investments LLC, Freestyle Investments LLC, Private Lending Group, Inc., Daniel Wynn Amended (Attachments: #1 Exhibit A)(Kurtz, Michael) |
| Filing 7 MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants removed this case to federal court based on diversity of citizenship. Plaintiff has now moved to remand, targeting defendants' contentions about fraudulent joinder as well as the citizenship of one of the individual defendants. Even beyond this, however, the notice of removal is inadequate, because it does not completely describe the citizenship of the "LLC" defendants, which consists of the citizenship of each of the LLC's members (not simply the manager(s)). See, e.g., Mut. Assignment & Indem. Co. v. Lind-Waldock & Co., 364 F.3d 858, 861 (7th Cir. 2004); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Defendants are also reminded that the focus is on citizenship (domicile), not residence; the two are not necessarily the same. There may be other flaws in the removal notice as well. Defendants are given to 8/10/2020 to file an amended notice of removal that fully and completely describes a proper basis for removal. If defendants do not do so, the Court will remand the case to state court. The case is set for a status hearing on 8/12/2020 at 9:20 AM, by telephone using call-in number 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. Plaintiff's motion to remand is continued to the same hearing. (mk) |
| Filing 6 MOTION by Plaintiff Soila Contreras to remand (Young, Michael) |
| Filing 5 ATTORNEY Appearance for Plaintiff Soila Contreras by Michael John Young (Young, Michael) |
| Filing 4 MAILED Notice of Removal Letter to Counsel of Record. (gcy, ) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (sxh, ) |
| Filing 3 ATTORNEY Appearance for Defendants Better Way Investments LLC, Freestyle Investments LLC, Private Lending Group, Inc., Daniel Wynn by Michael O Kurtz (Attachments: #1 Appearance, #2 Appearance, #3 Appearance)(Kurtz, Michael) |
| Filing 2 CIVIL Cover Sheet (Kurtz, Michael) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2020CH03980) filed by Better Way Investments LLC, Freestyle Investments LLC, Private Lending Group, Inc., Daniel Wynn Filing fee $ 400, receipt number 0752-17204921. (Attachments: #1 Exhibit A)(Kurtz, Michael) |
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