Merchandise Mart L.L.C. v. Ashley Furniture Industries, Inc.
| Merchandise Mart L.L.C. |
| Ashley Furniture Industries, Inc. |
| 1:2020cv05447 |
| September 14, 2020 |
| US District Court for the Northern District of Illinois |
| Joan H Lefkow |
| Rent Lease & Ejectment |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 MINUTE entry before the Honorable Joan H. Lefkow: Pursuant to the joint status report #11 , written discovery shall close by 2/15/2021. Oral discovery shall complete by 4/1/2021. The status hearing set for 11/18/2020 is stricken and reset to 2/10/2021 at 9:45 a.m. via telephone conference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (877) 402-9753 and the access code is 1564342. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ags) |
| Filing 11 STATUS Report Joint Initial by Merchandise Mart L.L.C. (Standa, David) |
| Filing 10 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2020M1705602) filed by Ashley Furniture Industries, Inc. AMENDED (Attachments: #1 Exhibit A)(Cohen, Brian) |
| Filing 9 ATTORNEY Appearance for Defendant Ashley Furniture Industries, Inc. by Brittney Nicole Cato (Cato, Brittney) |
| Filing 8 MINUTE entry before the Honorable Joan H. Lefkow: The case must be remanded unless the removing defendant can show forthwith that the citizenship of the plaintiff is diverse from the citizenship of the defendant. The notice of removal must demonstrate the LLC members' citizenship, which turns on domicile rather than residence, and cannot be pleaded on information and belief. Tuholski v. Delavan Rescue Squad, Inc., No. 13 C 1093, 2013 WL 4052611, at *2 (N.D. Ill. Aug. 12, 2013) ("An allegation based upon 'information and belief' is insufficient to establish diversity of citizenship jurisdiction."). Plaintiff's counsel shall cooperate with defense counsel in identifying the citizenship of its members. An amended notice of removal must be filed by 10/14/20 to avoid remand. Once that is accomplished, plaintiff may file an amended complaint properly pleading the jurisdiction of this court. See Fed. R. Civ. P. 8(a)(1). Mailed notice (ags) |
| Filing 7 Defendant's ANSWER to Complaint and Affirmative Defenses thereto by Ashley Furniture Industries, Inc.(Cohen, Brian) |
| Filing 6 ATTORNEY Appearance for Plaintiff Merchandise Mart L.L.C. by David F Standa (Standa, David) |
| Filing 5 MINUTE entry before the Honorable Joan H. Lefkow: Motion for disclosure #4 is terminated as it is not a motion. Initial status hearing is set for 11/18/2020 at 9:45 a.m. Mailed notice (ags) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (gw, ) |
| Filing 4 MOTION by Defendant Ashley Furniture Industries, Inc. for disclosure Corporate Disclosure Statement (Cohen, Brian) |
| Filing 3 ATTORNEY Appearance for Defendant Ashley Furniture Industries, Inc. by Brian E. Cohen (Cohen, Brian) |
| Filing 2 CIVIL Cover Sheet (Cohen, Brian) |
| Filing 1 NOTICE of Removal from Cook Cty Circuit Court, Munic. Dept., 1st Dist., case number (2020M1705602) filed by Ashley Furniture Industries, Inc. Filing fee $ 400, receipt number 0752-17434745. (Attachments: #1 Exhibit Exh. A (Summons, Civil Cover Sheet & Complaint)(Cohen, Brian) |
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| Defendant: Ashley Furniture Industries, Inc. | |
| Represented By: | Brian E. Cohen |
| Represented By: | Brittney Nicole Cato |
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| Plaintiff: Merchandise Mart L.L.C. | |
| Represented By: | David F Standa |
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