Prendergast, LLC v. Kuhl
| Prendergast, LLC |
| Matthew Kuhl |
| 1:2021cv04179 |
| August 5, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Harry D Leinenweber |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 17 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic conference held re: Plaintiff's motion to remand #14 . Telephone Conference and motion to remand #14 is entered and continued to 10/20/21 at 9:15 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. The Court strikes the date of 10/21/21, stated on the record. Mailed notice(maf) |
| Filing 16 Joint Summary of Discovery Exchanged by Matthew Kuhl and Prendergast, LLC (Mazur, William) |
Filing 15
MINUTE entry before the Honorable Harry D. Leinenweber: Plaintiff's motion to remand #14 is entered. The parties shall comply with the order entered by Judge Chang on 8/19/21 #11 . Telephone Conference set for 9/14/21 at 9:00 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. The Court will address the exchanged discovery and the briefing the motion for remand during the 9/14/21 status. Mailed notice(maf)
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| Filing 14 MOTION by Plaintiff Prendergast, LLC to remand (O'Rourke, Michael) |
| Filing 13 Jurisdictional STATEMENT by Prendergast, LLC (O'Rourke, Michael) |
| Filing 12 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Harry D. Leinenweber for all further proceedings. Honorable Edmond E. Chang no longer assigned to the case. Signed by Executive Committee on 8/23/2021. (kl, ) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: Telephone status hearing held with counsel for the parties. (1.) On the citizenship of the Plaintiff LLC, by 08/26/2021, the Plaintiff shall file a Jurisdictional Statement setting forth the membership of the LLC and each member's citizenship. (2.) On the citizenship of Defendant Kuhl, the parties shall exchange pertinent documents and, if the parties are unable to arrive at an agreement, then parties shall engage in limited discovery through 09/08/2021. The parties may issue limited interrogatories by 08/26/2021, which must be answered by 09/08/2021. ***The parties shall file, by 09/10/2021, a joint summary of the discovery that was exchanged.*** Telephone status hearing for 09/14/2021 at 9:30 a.m. Members of the public and media will be able to call-in to listen to the hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: Members of the public and media will be able to call-in to listen to the 08/19/2021 hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 9 ATTORNEY Appearance for Defendant Matthew Kuhl by Benjamin C Fultz (Fultz, Benjamin) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang: The Defendant has filed a motion #6 to dismiss or to transfer. But the threshold issue is subject matter jurisdiction, so the motion #6 is terminated without prejudice. The notice of removal premises jurisdiction on diversity of citizenship, 28 U.S.C. 1332. But there are two issues that require examination. (1.) The state court complaint alleges that the Plaintiff, which is an LLC, is a citizen of Illinois (as well as Delaware), and also alleges that the Defendant is a citizen of Illinois. The Defendant denies that he is a citizen of Illinois, asserting instead that he is a citizen of Indiana. R. 1, para. 5. So there is a factual dispute on citizenship that must be resolved. Perhaps the Defendant can disclose limited discovery (e.g., driver's license, voter registration, real estate record) to convince the Plaintiff on this issue. (2.) The citizenship of the Plaintiff, which is an LLC, is not like a corporation's; instead an LLC is a citizen of every state where its members are citizens. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). The Defendant apparently relied on the state court complaint for the citizenship allegation of Delaware and Illinois, R. 1-1, para. 1, but the complaint does not appear to identify the members of the LLC and their States of citizenship. To discuss these issues, the Court sets a phone status hearing for 08/19/2021 at 10:30 a.m. At the hearing, the parties need not be prepared to definitively argue the issues; this hearing is just to discuss the most efficient way to proceed. Emailed notice (mw, ) |
| Filing 7 MEMORANDUM by Matthew Kuhl in support of motion to dismiss #6 for improper venue or, alternatively, to transfer (Attachments: #1 Exhibit A, #2 Exhibit B)(Mazur, William) |
| Filing 6 MOTION by Defendant Matthew Kuhl to dismiss for improper venue or, alternatively, to transfer (Mazur, William) |
| Filing 5 ATTORNEY Appearance for Plaintiff Prendergast, LLC by Michael J. O'Rourke (O'Rourke, Michael) |
| Filing 4 MAILED Notice of Removal letter to Michael J. O'Rourke (daj, ) |
| Filing 3 ATTORNEY Appearance for Defendant Matthew Kuhl by William Harold Mazur (Mazur, William) |
| Filing 2 CIVIL Cover Sheet (Mazur, William) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, Law Division, case number (2021L004210) filed by Matthew Kuhl Filing fee $ 402, receipt number 0752-18536522. (Attachments: #1 Exhibit)(Mazur, William) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (mp, ) |
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| Plaintiff: Prendergast, LLC | |
| Represented By: | Michael J. O'Rourke |
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| Defendant: Matthew Kuhl | |
| Represented By: | William Harold Mazur |
| Represented By: | Benjamin C Fultz |
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