Ettain Group, LLC v. Ruf
| Ettain Group, LLC f/k/a Ettain Group, Inc., Ettain Group, LLC and Ettain Group, Inc. |
| Robert Ruf |
| 1:2021cv02425 |
| May 5, 2021 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Contract: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Document Text |
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| Filing 13 STATUS Report [Joint Initial] by Ettain Group, LLC (Phillips, Michael) |
| Filing 12 MINUTE entry before the Honorable Mary M. Rowland: Defendant has established (Dkt. 11), at least for removal purposes, that there is complete diversity and complied with this Court's order (Dkt. 10) requiring a jurisdictional supplement as to subject matter jurisdiction. Joint initial status report remains due 7/2/21. Mailed notice. (dm, ) |
| Filing 11 Additional Statement of Jurisdictional Facts STATEMENT by Robert Ruf (Leon, Jeffrey) |
| Filing 10 MINUTE entry before the Honorable Mary M. Rowland: Defendant Ruf's jurisdictional supplement #8 is inadequate to correct the deficiencies in the notice of removal #1 and still fails to properly allege the citizenship of the Plaintiff, Ettain Group, LLC. Again, unlike a corporation, which is a citizen of the state where it is incorporated and the state where its principal place of business is located, an LLC takes the citizenship of each of its members. See Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Thus "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." Id. (emphasis added). The allegation that "Plaintiff Ettain Group is a limited liability company organized and existing under the laws of the State of North Carolina with an office and principal place of business in Charlotte, North Carolina" is insufficient. Neither Ettain's state of organization nor its principal place of business establishes its citizenship for purposes of federal subject matter jurisdiction. The fact that the Plaintiff itself did not allege its citizenship in the complaint is also immaterial, because "[t]he party seeking removal bears the burden of proving the propriety of removal." Morris v. Nuzzo, 718 F.3d 660, 668 (7th Cir. 2013). The members of an LLC can be found in its Articles of Organization, which are ordinarily maintained by the Secretary of State where the LLC is organized. If Defendant is unable to identify the Plaintiff's members and their citizenships he should file a status report detailing his reasonable efforts and requesting written discovery for the limited purpose of determining the citizenship of those members. Defendant has until June 25, 2021 to do so, or this case will be remanded for lack of subject matter jurisdiction. Mailed notice. (dm, ) |
| Filing 9 ATTORNEY Appearance for Defendant Robert Ruf by Jeffrey A. Leon (Leon, Jeffrey) |
| Filing 8 Jurisdictional Statement STATEMENT by Robert Ruf (Pavich, Robert) |
| Filing 7 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 6 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 is reminded that unlike a corporation, which is a citizen of the state where it is incorporated and the state where its principal place of business is located, an LLC takes the citizenship of each of its members. See Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Thus "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." Id. 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 5 MAILED Notice of Removal letter to counsel of record (lma, ) |
| Filing 4 CIVIL Cover Sheet(Corrected) (Pavich, Robert) (Docket text modified on 5/6/2021 by Clerk's Office). |
| Filing 3 ATTORNEY Appearance for Defendant Robert Ruf by Robert James Pavich (Pavich, Robert) |
| Filing 2 CIVIL Cover Sheet (Pavich, Robert) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois Chancery Division, case number (2021CH02083) filed by Robert Ruf Filing fee $ 402, receipt number 0752-18213781. (Attachments: #1 Exhibit Original complaint and service of process)(Pavich, Robert) |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (lxk, ) |
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