Pierce v. Wilner et al
| Michelle Pierce |
| Beth Wilner and Families in Transition |
| 1:2021cv01985 |
| April 13, 2021 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Contract: Insurance |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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Filing 15
MINUTE entry before the Honorable Manish S. Shah: Plaintiff shall file a written response to defendant Wilner's motion to dismiss by 7/2/21. Defendant may file a reply by 7/16/21. The court will rule by cm/ecf. The court directed counsel for Wilner to file a status report on 6/4/21, but no report was filed. A motion to dismiss does not automatically stay discovery, so the court expects the parties to confer and file a status report with a proposed case schedule. Counsel for defendant Wilner shall file a status report by 6/25/21. Notices mailed. (psm, )
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Beth Wilner (Attachments: #1 Exhibit Exhibit A)(Connors, Molly)
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Filing 13
MINUTE entry before the Honorable Manish S. Shah: Plaintiff's request to remand #11 is denied. Plaintiff filed the request on May 19, 2021, more than 30 days after the notice of removal, filed on April 14, 2021. The forum-defendant rule indeed prohibits removal, but that is a procedural defect that this court cannot invoke after 30 days have passed. Although plaintiff is pro se and filed the request to remand within 30 days of this court's April 19, 2021 docket entry flagging defendants' defective removal, the statutory deadline to object to removal on those grounds is tied to the filing of the notice of removal. Plaintiff's request, although only a few days late, is nevertheless too late for the court to remand this case under 28 USC 1447(c). Even if the defect in the removal process could have justified a remand (and the taxation of costs against defendants), because 30 days passed without protestand the problem does not imperil subject-matter jurisdictionthe case is in federal court to stay. See Pettitt v. Boeing Co., 606 F.3d 340, 343 (7th Cir. 2010) (quoting Doe v. GTE Corp., 347 F.3d 655, 657 (7th Cir.2003)). Defendant Wilner shall respond to the complaint by 5/28/21 and plaintiff must make sure that defendant Families in Transition has been served. The court expects that Families in Transition is aware of this lawsuit and will set short deadlines for that defendant to respond to the complaint once service is confirmed. Counsel for defendant Wilner must confer with plaintiff and file an initial status report by 6/4/21. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Shah's name and then again on the link entitled 'Initial Status Conferences.' Notices mailed. (psm, )
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Filing 12
NOTICE by Michelle Pierce of filing. (lma, )
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Filing 11
RESPONSE by Plaintiff Michelle Pierce to Defendant's Motion for Removal. (lma, )
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Filing 10
PRO SE Appearance by Plaintiff Michelle Pierce (exr, )
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Filing 9
NOTICE by Beth Wilner re supplement #8 of Filing (Connors, Molly)
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Filing 8
SUPPLEMENT to JURISDICTIONAL STATEMENT IN SUPPORT OF NOTICE OF REMOVAL (Connors, Molly)
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Filing 7
MINUTE entry before the Honorable Manish S. Shah: The jurisdictional allegations of the notice of removal are inadequate. The notice says that defendant Wilner "was a resident of Illinois" but citizenship is based on domicile not residence. Winforge, Inc. v. Coachmen Indus., Inc., 691 F.3d 856, 867 (7th Cir. 2012) (allegation of residence is not sufficient to establish citizenship, which requires domicile). The notice also says defendant Transition Inc. has its principal place of business in Illinois but it does not disclose the state of incorporation. A corporation is a citizen of both its state of incorporation and its principal place of business. See Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018) (what matters for the citizenship of a corporation is its state of incorporation and its principal place of business). The court also notes that under 28 U.S.C. s. 1441(b)(2) a civil action based on diversity jurisdiction may not be removed if a served defendant is a citizen of the state where the action is brought. Plaintiff can waive the forum-defendant rule and has 30 days from the filing of the notice of removal to assert it. 28 U.S.C. s. 1447(c). Defendant Wilner must clarify the citizenship of the defendants in a supplemental jurisdictional statement by 4/26/21. Notices mailed. (psm, )
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Filing 6
ATTORNEY Appearance for Defendant Beth Wilner by Molly P. Connors Robert J. Kelleher Appearance (Connors, Molly)
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Filing 5
MAILED Notice of Removal letter to Michelle Pierce. (daj, )
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Filing 4
ATTORNEY Appearance for Defendant Beth Wilner by Molly P. Connors (Connors, Molly)
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Filing 3
CIVIL Cover Sheet (Attachments: #1 Exhibit)(Connors, Molly)
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Filing 2
NOTICE of Removal from Michelle Pierce, case number (2020 L 013915) filed by Beth Wilner (Attachments: #1 Exhibit)(Connors, Molly)
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Filing 1
PAYMENT of Filing fee $ 402, receipt number 0752-18123176. (Connors, Molly)
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CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (exr, )
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