T.W. LaQuay Marine, LLC v. Great Lakes Dredge & Dock Company, LLC
| T.W. LaQuay Marine, LLC and Travelers Casualty & Surety Company of America |
| Great Lakes Dredge & Dock Company, LLC |
| 1:2021cv01221 |
| March 4, 2021 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| John F Kness |
| Steven C Seeger |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 20, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 33
SCHEDULING ORDER UNDER RULE 16(b) signed by the Honorable John F. Kness on 4/16/2021. Mailed notice(ef, )
|
|
Filing 32
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 4/14/2021. The Court adopts the parties' proposed scheduling order with the changes provided by the parties at today's hearing. Enter separate scheduling order. A continued status hearing is set for 10/13/2021 at 9:30 AM. The parties shall use the same call-in information #27 . Mailed notice (ef, )
|
|
Filing 31
ANSWER to amended complaint by Great Lakes Dredge & Dock Company, LLC (Attachments: #1 Exhibit exhibit A, #2 Exhibit exhibit B)(Reeb, Robert)
|
|
Filing 30
ATTORNEY Appearance for Plaintiff T.W. LaQuay Marine, LLC by Brian LaCien (LaCien, Brian)
|
|
Filing 29
ATTORNEY Appearance for Plaintiff T.W. LaQuay Marine, LLC by Todd A. Smith Brian LaCien (Smith, Todd)
|
|
Filing 28
ATTORNEY Appearance for Plaintiff T.W. LaQuay Marine, LLC by Todd A. Smith (Smith, Todd)
|
|
Filing 27
MINUTE entry before the Honorable John F. Kness: An initial status conference is set for 4/14/2021 at 10:45 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than seven business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
|
|
Filing 26
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John F. Kness for all further proceedings. Honorable Steven C. Seeger no longer assigned to the case. Signed by Executive Committee on 3/25/2021. (bg, )
|
|
Filing 25
First AMENDED complaint by T.W. LaQuay Marine, LLC against Great Lakes Dredge & Dock Company, LLC (Toy, David)
|
|
Filing 24
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the complaint (Dckt. No. #1 ), which invokes the Court's diversity jurisdiction. The jurisdictional allegations are facially inadequate. Plaintiff T.W. LaQuay Marine, LLC is a "domestic [presumably meaning Texas, because the complaint was filed there] limited liability company with a principal place of business in Port Lavaca, Southern District of Texas." Id. at para. 2.1. Defendant Great Lakes Dredge & Dock Company, LLC is a "Delaware limited liability company with its principal place of business in Oak Brook, Illinois." Id. at para. 2.2. That information is not sufficient to establish diversity jurisdiction. A corporation is not the same thing as a limited liability company, and for jurisdictional purposes, the analysis is complete different. A corporation is a citizen of the state of incorporation and the state where it has its principal place of business. Not so for an LLC. A limited liability company is a citizen wherever its members are citizens. It makes no difference where a limited liability company is registered, or where it has its principal place of business. For an LLC, the citizenship of its members is all that matters. See Belleville Catering Co. v. Champaign Mkt. Place, LLC, 350 F.3d 691, 692 (7th Cir. 2003); Martin v. Living Essentials, LLC, 653 Fed. Appx. 482, 485 (7th Cir. 2016) ("[T]he home 'base' of a limited liability company, or LLC, is irrelevant, given that an LLC has the citizenship of each of its members."); 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."); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998) ("[T]he citizenship of an LLC for purposes of the diversity jurisdiction is the citizenship of its members."); Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equip. Co., 759 F.3d 787, 787-88 (7th Cir. 2014). Here, both parties are limited liability companies, but the complaint provides no information about their members, including who they are and where they are citizens. Plaintiff must file an amended complaint with sufficient jurisdictional allegations by March 22, 2021. The amended complaint must establish the citizenship of each of the parties by identifying their members and disclosing their citizenship. If the members of an LLC are themselves LLCs, then the parties must identify those members with particularity and establish their citizenship. That is, a plaintiff must drill down to each level until hitting jurisdictional bedrock (meaning a corporation or a natural person). See West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829 (7th Cir. 2020) ("[I]f any partner is itself a partnership or limited liability company, then the identity of each member of each of these entities must be traced until we reach a corporation or natural person."); Mut. Assignment & Indem. Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004) (stating that the citizenship of an LLC "need[s] to be traced through multiple levels if any of its members is itself a partnership or LLC"); Meyerson v. Showboat Marina Casino Partnership, 299 F.3d 616, 617 (7th Cir. 2002) ("[T]he citizenship of unincorporated associations must be traced through however many layers of partners or members there may be. Failure to go through all the layers can result in dismissal for want of jurisdiction.") (citation omitted). A failure to comply will lead to dismissal. Mailed notice. (jjr, )
|
|
Filing 23
ATTORNEY Appearance for Defendant Great Lakes Dredge & Dock Company, LLC by Kyle Matthew Brennan (Brennan, Kyle)
|
|
Filing 22
ATTORNEY Appearance for Defendant Great Lakes Dredge & Dock Company, LLC by Robert Lee Reeb (Reeb, Robert)
|
|
Filing 21
MAILED transfer in rule 83.15 letter to counsel of record. (nsf, )
|
|
Filing 20
RECEIVED from Texas Southern; Case Number 3:20-cv-00163 (nsf,)
|
|
Filing 19
MEMORANDUM OPINION AND ORDER granting #6 MOTION to Dismiss for Improper Venue Pursuant to F.R. C.P. 12(b)(3) or in the Alternatively, To Transfer Venue (Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) [Transferred from Texas Southern on 3/4/2021.]
|
|
Interdistrict transfer to Northern District of Illinois. Case transferred electronically. Case terminated on 3/3/2021, filed. (agould, 3) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 18
OBJECTIONS , filed by Great Lakes Dredge & Dock Company, LLC. (Devall, Joseph) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 17
Plaintiff's Request for Judicial Notice by T.W. LaQuay Marine, LLC, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rhine, Eric) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 16
Letter Explaining Citizenship of Parties by T.W. LaQuay Marine, LLC, filed.(Rhine, Eric) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 15
DOCKET CONTROL ORDER. ETT: 5-6 days. Pltf Expert Witness List due by 4/16/2021. Pltf Expert Report due by 4/16/2021. Deft Expert Witness List due by 5/21/2021. Deft Expert Report due by 5/21/2021. Discovery due by 8/27/2021. Dispositive Motion Filing due by 9/3/2021. Non-Dispositive Motion Filing due by 11/19/2021. Exchange Pretrial Materials due by 12/17/2021. Docket Call set for 1/7/2022 at 09:30 AM in Sixth Floor Courtroom Galveston before Judge Jeffrey V Brown(Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 14
ORDER entered. Plaintiff is ORDERED to file a letter explaining the citizenship of all parties within 7 days from the entry of this order. (Signed by Magistrate Judge Andrew M Edison) Parties notified. (wbostic, 4) [Transferred from Texas Southern on 3/4/2021.]
|
|
Minute entry for proceedings before Magistrate Judge Andrew M. Edison. Initial conference held on August 19, 2020. The court and parties conferred and the court set out a schedule for the case. The scheduling order will be entered separately. Appearances: Joseph Alfred Devall, Jr, Eric Jonathan Rhine, and David Toy. (Court Reporter: L. Wells), filed. (wbostic, 4) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 13
JOINT DISCOVERY/CASE MANAGEMENT PLAN by T.W. LaQuay Marine, LLC, filed.(Rhine, Eric) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 12
CERTIFICATE OF INTERESTED PARTIES by Great Lakes Dredge & Dock Company, LLC, filed.(Devall, Joseph) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 11
ORDER regarding appearance by ZOOM videoconference at Initial Scheduling Conference. Joint Discovery/Case Management Plan due by 8/12/2020. (Signed by Magistrate Judge Andrew M Edison) Parties notified.(JessicaVillarreal, 3) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 10
REPLY in Support of #6 MOTION to Dismiss for Improper Venue Pursuant to F.R. C.P. 12(b)(3) or in the Alternatively, To Transfer Venue, filed by Great Lakes Dredge & Dock Company, LLC. (Devall, Joseph) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 9
RESPONSE in Opposition to #6 MOTION to Dismiss for Improper Venue Pursuant to F.R. C.P. 12(b)(3) or in the Alternatively, To Transfer Venue, filed by T.W. LaQuay Marine, LLC. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Proposed Order)(Rhine, Eric) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 8
ORDER granting #7 Motion for Extension of Time Responses due by 7/6/2020..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 7
Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss by T.W. LaQuay Marine, LLC, filed. Motion Docket Date 7/20/2020. (Attachments: #1 Proposed Order)(Rhine, Eric) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 6
MOTION to Dismiss for Improper Venue Pursuant to F.R. C.P. 12(b)(3) or in the Alternatively, To Transfer Venue by Great Lakes Dredge & Dock Company, LLC, filed. Motion Docket Date 6/29/2020. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit, #4 Exhibit)(Devall, Joseph) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 5
CERTIFICATE OF INTERESTED PARTIES by T.W. LaQuay Marine, LLC, filed.(Rhine, Eric) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 4
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 8/19/2020 at 09:30 AM in 7th Floor Courtroom before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 3
Summons Issued as to Great Lakes Dredge & Dock Company, LLC. Issued summons delivered to plaintiff by NEF, filed.(JessicaVillarreal, 3) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 2
Request for Issuance of Summons as to Great Lakes Dredge & Dock Company, LLC, filed.(Rhine, Eric) [Transferred from Texas Southern on 3/4/2021.]
|
|
Filing 1
COMPLAINT against Great Lakes Dredge & Dock Company, LLC (Filing fee $ 400 receipt number 0541-24671686) filed by T.W. LaQuay Marine, LLC.(Rhine, Eric) [Transferred from Texas Southern on 3/4/2021.]
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
