Avila v. Roundy's Illinois et al
| Beatrice Avila |
| Roundy's Illinois d/b/a Mariano's, The Kroger Company d/b/a Mariano's, Roundy's Illinois doing business as Mariano's and Kroger Company, The doing business as Mariano's |
| 1:2021cv02383 |
| May 3, 2021 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| P.I.: Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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| Document Text |
|---|
| Filing 10 STATUS Report Joint Initial by Roundy's Illinois (Glen, Gregory) |
| Filing 9 ATTORNEY Appearance for Plaintiff Beatrice Avila by Joshua N. Karmel (Karmel, Joshua) |
| Filing 8 MINUTE entry before the Honorable Mary M. Rowland: Defendant has complied with this Court's order (Dkt. 5) requiring a jurisdictional supplement, and established (Dkt. 7), at least for pleading purposes, that there is complete diversity. Joint initial status report remains due 7/2/2021. Mailed notice. (dm, ) |
| Filing 7 SUPPLEMENT to notice of removal, #1 Jurisdictional (Attachments: #1 Exhibit A, #2 Exhibit B)(Glen, Gregory) |
| Filing 6 MINUTE entry before the Honorable Mary M. Rowland: On or before 7/2/21, the parties shall file a joint initial status report. 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 Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (dm, ) |
| Filing 5 MINUTE entry before the Honorable Mary M. Rowland: In light of Defendant's invocation of diversity jurisdiction as the basis for removal, on or before 5/28/2021 Defendant shall file a jurisdictional supplement as a separate docket entry. Defendant alleges that Plaintiff is a citizen of Illinois based "[u]pon information and belief, and based upon Plaintiff's Complaint." The Court found no mention of Plaintiff's citizenship in the Complaint, and information and belief alone cannot form the basis of such an allegation. See Brickstructures, Inc. v. Coaster Dynamix, Inc., 2017 WL 4310671, at *1 (N.D. Ill. Sept. 28, 2017); Ferolie Corp. v. Advantage Sales & Mktg., LLC, No. 04 CV 5425, 2004 WL 2433114, at *1 (N.D. Ill. Oct. 28, 2004). Defendant is also reminded that allegations of residence, as opposed to citizenship, are not sufficient to establish diversity jurisdiction. See Slottke v. Wis. Dep't of Workforce Dev., 734 F. App'x 354, 355 (7th Cir. 2018). For individuals, "[c]itizenship means domicile (the person's long-term plan for a state of habitation) rather than just current residence." Myrick v. WellPoint, Inc., 764 F.3d 662, 664 (7th Cir. 2014). Defendant should also allege with specificity its own citizenship, and clarify whether it is an LLC or a corporation, as it is referred to as both in the Removal Notice and accompanying affidavit. An "LLC's jurisdictional statement 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." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Corporations, by contrast, are citizens of "two states (though they may coincide): the state in which the corporation is incorporated and the state in which its principal place of business is located." Pastor v. State Farm Mut. Auto. Ins. Co., 487 F.3d 1042, 1047 (7th Cir. 2007). Defendant must also clarify whether its legal name is "Roundy's Illinois, LLC" or "Illinois Roundy's LLC," which are used interchangeably in the Removal Notice. If Defendant fails to file the jurisdictional supplement as directed, the case may be remanded for lack of subject-matter jurisdiction. Mailed notice. (dm, ) |
| Filing 4 MAILED notice of removal letter to counsel of record. (ph, ) |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (dxb, ) |
| Filing 3 ATTORNEY Appearance for Defendants Roundy's Illinois d/b/a Mariano's, The Kroger Company d/b/a Mariano's by Joel David Groenewold (Groenewold, Joel) |
| Filing 2 ATTORNEY Appearance for Defendants Roundy's Illinois d/b/a Mariano's, The Kroger Company d/b/a Mariano's by Gregory T Glen (Glen, Gregory) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2021L002217) filed by Roundy's Illinois d/b/a Mariano's, The Kroger Company d/b/a Mariano's Filing fee $ 402, receipt number 0752-18204090. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Glen, Gregory) |
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