Crocker v. The Kenan Advantage Group, INC. et al
Plaintiff: Robert Crocker
Defendant: The Kenan Advantage Group, INC., Betts Industries, Inc., Wabash National Trailer Centers, Inc. and Brenner Tank Services, LLC
Case Number: 1:2021cv03688
Filed: July 12, 2021
Court: US District Court for the Northern District of Illinois
Presiding Judge: Mary M Rowland
Nature of Suit: P.I.: Motor Vehicle Prod. Liability
Cause of Action: 28 U.S.C. ยง 1391
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2021 Filing 17 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff having established #16 , at least for pleading purposes, that there is complete diversity, Plaintiff has complied with this Court's orders #4 ; #8 requiring a jurisdictional supplement as to subject matter jurisdiction. Joint initial status report remains due on 9/27/21. Mailed notice. (dm, )
August 30, 2021 Filing 16 Plaintiff's Second Jurisdictional Supplement by Robert Crocker (Attachments: #1 Notice of Filing NOF, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I, #11 Exhibit Exhibit J)(Lynch, James)
August 23, 2021 Filing 15 ANSWER to Complaint with Jury Demand and Affirmative Defenses, COUNTERCLAIM filed by The Kenan Advantage Group, INC. against Betts Industries, Inc., Brenner Tank Services, LLC, Robert Crocker, Wabash National Trailer Centers, Inc. . by The Kenan Advantage Group, INC.(Groenewold, Joel)
August 23, 2021 Filing 14 ATTORNEY Appearance for Defendant The Kenan Advantage Group, INC. by Joel David Groenewold (Groenewold, Joel)
August 17, 2021 Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Brenner Tank Services, LLC, Wabash National Trailer Centers, Inc. (Gonzalez, Ruben)
August 13, 2021 Filing 12 MINUTE entry before the Honorable Mary M. Rowland: Agreed motion for extension of time to respond #11 is granted. Defendants Wabash National Trailer Centers, Inc. and Brenner Tanker Services, LLC shall respond to the complaint by 9/13/21. Mailed notice. (dm, )
August 12, 2021 Filing 11 MOTION by Defendants Brenner Tank Services, LLC, Wabash National Trailer Centers, Inc. for extension of time to Respond to the Complaint (AGREED) (Gonzalez, Ruben)
August 12, 2021 Filing 10 ATTORNEY Appearance for Defendants Brenner Tank Services, LLC, Wabash National Trailer Centers, Inc. by Angela Kelver Hall (Hall, Angela)
August 12, 2021 Filing 9 ATTORNEY Appearance for Defendants Brenner Tank Services, LLC, Wabash National Trailer Centers, Inc. by Ruben Ignacio Gonzalez (Gonzalez, Ruben)
August 10, 2021 Filing 8 MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed Plaintiff's supplement as to subject matter jurisdiction. Allegations of "negative citizenship" or citizenship of "another state different from the Plaintiff['s]" are insufficient. See Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018); Dancel v. Groupon, Inc., 940 F.3d 381, 385 (7th Cir. 2019). Plaintiff is also reminded that 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 Plaintiff cannot ascertain the citizenships of each of the members of Defendant Brenner Tank Services LLC he should file a request for limited discovery detailing his reasonable efforts. If Plaintiff fails to file a supplement as to the citizenship of each of the members of Defendant Brenner Tank Services LLC by 8/30/2021 this case may be dismissed for lack of subject matter jurisdiction. Mailed notice. (dm, )
August 6, 2021 Filing 7 NOTICE by Robert Crocker re other #6 Plaintiff's Jurisdictional Supplement (Lynch, James)
August 6, 2021 Filing 6 Plaintiff's Jurisdictional Supplement by Robert Crocker (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Lynch, James)
July 22, 2021 Filing 5 MINUTE entry before the Honorable Mary M. Rowland: On or before 9/27/21, 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, )
July 21, 2021 SUMMONS Issued as to Defendants Betts Industries, Inc., Brenner Tank Services, LLC, The Kenan Advantage Group, INC., Wabash National Trailer Centers, Inc. (mp, )
July 19, 2021 Filing 4 MINUTE entry before the Honorable Mary M. Rowland: In light of Plaintiff's invocation of diversity jurisdiction as the basis for federal jurisdiction, on or before 8/6/2021 Plaintiff shall file a jurisdictional supplement, as a separate docket entry. Plaintiff has alleged the citizenship of Defendant Brenner Tank Services LLC as if it were a corporation not a limited liability company. LLCs take the citizenship of each of their 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.; see also Dancel v. Groupon, Inc., 940 F.3d 381, 38385 (7th Cir. 2019). Moreover, Plaintiff has alleged the citizenship of The Kenan Advantage Group, Inc., Wabash National Trailer Centers, Inc. and Brenner Tank Services LLC "upon information and belief." "In the Seventh Circuit, allegations of a party's citizenship based on information and belief are insufficient to establish diversity jurisdiction." Brickstructures, Inc. v. Coaster Dynamix, Inc., No. 16 CV 10969, 2017 WL 4310671, at *1 (N.D. Ill. Sept. 28, 2017) (citing America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992)). If Plaintiff fails to file a jurisdictional supplement as directed, the case may be dismissed for lack of subject-matter jurisdiction. Mailed notice. (dm, )
July 12, 2021 Filing 3 ATTORNEY Appearance for Plaintiff Robert Crocker by James P. Lynch of Taxman, Pollock, Murray, & Bekkerman, LLC. (Lynch, James)
July 12, 2021 Filing 2 CIVIL Cover Sheet (Lynch, James)
July 12, 2021 Filing 1 COMPLAINT AT LAW filed by Robert Crocker; Filing fee $ 402, receipt number 0752-18446598.(Lynch, James)
July 12, 2021 CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (kl, )

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Plaintiff: Robert Crocker
Represented By: James P. Lynch
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Defendant: The Kenan Advantage Group, INC.
Represented By: Joel David Groenewold
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Defendant: Betts Industries, Inc.
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Defendant: Wabash National Trailer Centers, Inc.
Represented By: Angela Kelver Hall
Represented By: Ruben Ignacio Gonzalez
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Defendant: Brenner Tank Services, LLC
Represented By: Angela Kelver Hall
Represented By: Ruben Ignacio Gonzalez
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