Traffix USA, Inc. v. Altex Transportation, Inc.
| Traffix USA, Inc. |
| Altex Transportation, Inc. |
| 1:2021cv03625 |
| July 8, 2021 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Prop. Damage Prod. Liability |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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| Document Text |
|---|
| Filing 18 MEMORANDUM by Traffix USA, Inc. in Opposition to Motion to Dismiss for Failure to State a Claim #13 (Rubenstein, David) |
| Filing 17 STATUS Report Joint Status Report by Altex Transportation, Inc. (Wing, Scott) |
| Filing 16 MINUTE entry before the Honorable Martha M. Pacold: The court enters the parties' agreed briefing schedule for defendant's motion to dismiss plaintiff's complaint #13 . Plaintiff's response is due 9/2/21. Defendant's reply is due 9/16/21. Mailed notice (ber, ) |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: The court has received defendant's motion to dismiss plaintiff's complaint #13 . The parties are advised that this court's motion procedures, which are available on the court's website, provide that "[i]f the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov." The parties have not submitted an agreed briefing schedule. The court directs the parties to confer and submit an agreed briefing schedule to the court's proposed order inbox by 8/16/2021. Mailed notice. (jjr, ) |
| Filing 14 MEMORANDUM by Altex Transportation, Inc. in support of Motion to Dismiss for Failure to State a Claim #13 (Wing, Scott) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Altex Transportation, Inc. (Wing, Scott) |
| Filing 12 Joint Supplemental Jurisdictional Statement STATEMENT by Altex Transportation, Inc. (Wing, Scott) |
| Filing 11 MINUTE entry before the Honorable Martha M. Pacold: 1. The court has received defendant's jurisdictional statement. #8 . As previously noted, #7 , a corporation's "citizenship for diversity purposes is determined by its place of incorporation and its principal place of business." Moore v. General Motors Pension Plans, 91 F.3d 848, 850 (7th Cir. 1996) (per curiam). The jurisdictional statement, #8 , identifies plaintiff's state of incorporation (Delaware) and defendant's state of incorporation (California) and principal place of business (West Sacramento, California). But the statement does not identify plaintiff's principal place of business; it identifies plaintiff's headquarters (Milton, Ontario, Canada) and states that plaintiff has an office in Chicago, Illinois, and a registered agent in Springfield, Illinois, but does not address plaintiff's principal place of business. The parties are directed to file a supplemental joint jurisdictional statement by 7/28/2021 confirming the location of plaintiff's principal place of business. 2. Separately, defendant filed an unopposed motion for extension of time to file an answer, requesting until August 5, 2021 to answer or otherwise plead. #9 . Defendant subsequently filed a motion to amend/correct its motion for extension of time. #10 . Defendant does not indicate what aspect of the motion needs correction nor does the court perceive any difference between the two motions. Nevertheless, the motions, #9 , #10 , are granted. Defendant has until 8/5/2021 to answer or otherwise plead. 3. The parties are directed to file an initial joint status report by 8/12/2021. (Attachments: #1 Initial Status Report outline) (rao, ) |
| Filing 10 MOTION by Defendant Altex Transportation, Inc. to amend/correct MOTION by Defendant Altex Transportation, Inc. for extension of time to file answer UNOPPOSED MOTION #9 (Wing, Scott) |
| Filing 9 MOTION by Defendant Altex Transportation, Inc. for extension of time to file answer UNOPPOSED MOTION (Wing, Scott) |
| Filing 8 Defendant's Jurisdictional Statement STATEMENT by Altex Transportation, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Wing, Scott) |
| Filing 7 MINUTE entry before the Honorable Martha M. Pacold: The notice of removal premises federal jurisdiction on the diversity statute, 28 U.S.C. 1332. #1 Para. 6. The notice of removal states that "Plaintiff is an Illinois corporation doing business in Cook County, Illinois, with its office located in Chicago, Illinois," #1 Para. 3, and that Defendant "is a California corporation doing business in West Sacramento, California with its office located in West Sacramento, California," #1 Para. 4. This information does not establish diversity of citizenship. A corporation's "citizenship for diversity purposes is determined by its place of incorporation and its principal place of business." Moore v. General Motors Pension Plans, 91 F.3d 848, 850 (7th Cir. 1996) (per curiam). The notice of removal does not clearly identify the place of incorporation. Further, having an office in a particular location does not necessarily mean that location is the corporation's principal place of business. Defendant is directed to file a jurisdictional statement by 7/16/2021 that clearly identifies each parties' place of incorporation and principal place of business. (rao, ) |
| Filing 6 MAILED Notice of Removal Letter to Plaintiff's Counsel, David Rubenstein. (jh, ) |
| Filing 5 CIVIL Cover Sheet (Wing, Scott) |
| Filing 4 ATTORNEY Appearance for Defendant Altex Transportation, Inc. by Scott Wing (Wing, Scott) |
| Filing 3 NOTICE by Altex Transportation, Inc. re other #2 , notice of removal, #1 (Wing, Scott) |
| Filing 2 Corporate Disclosure by Altex Transportation, Inc. (Wing, Scott) |
| Filing 1 NOTICE of Removal from Cook County, Illinois, case number (2021L005642) filed by Altex Transportation, Inc. Filing fee $ 402, receipt number 0752-18435364. (Attachments: #1 Exhibit Exhibit A, #2 Notice of Filing)(Wing, Scott) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jmk, ) |
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| Plaintiff: Traffix USA, Inc. | |
| Represented By: | David Rubenstein |
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| Defendant: Altex Transportation, Inc. | |
| Represented By: | Scott Wing |
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