Berryhill v. Erickson et al
| Kenneth Berryhill |
| David Erickson, M.J. Electric, LLC and M.J. Electric, LLC. |
| 1:2021cv04842 |
| September 13, 2021 |
| US District Court for the Northern District of Illinois |
| Ronald A Guzman |
| Maria Valdez |
| P.I.: Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 16 MOTION by Defendant M.J. Electric, LLC. for protective order Agreed (Snider, Michael) |
| Filing 15 CERTIFICATE of Service Plaintiff's Rule 26 Initial Disclosures by Anthony R. Elman on behalf of Kenneth Berryhill (Elman, Anthony) |
| Filing 14 MINUTE entry before the Honorable Maria Valdez: This matter has been referred to Judge Valdez for discovery supervision. The parties are to file a joint status report no later than 12/17/21 detailing their discovery progress. Mailed notice (lp, ) |
| Filing 13 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Maria Valdez for the purpose of holding proceedings related to: Discovery supervision and all discovery disputes without authority to extend the discovery cutoff date. Mailed notice. (kp, ) |
| Filing 12 MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' joint initial status report #11 and sets the following deadlines. Initial disclosures shall be exchanged by 11/1/2021. Amendment of pleadings and joinder of parties to be made no later than 2/1/2022. All fact discovery, including treaters, shall be completed by 4/13/2022. A status hearing regarding the scope and schedule for expert discovery is set for 3/22/2022 at 10:30 a.m. Discovery supervision and all discovery motions and discovery disputes, including requests for and entry of any protective orders, are referred to the magistrate judge without authority to extend discovery deadlines. The hearing will be via telephone conference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 1246152. Counsel of record will receive an email the day before 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. Mailed notice. (kp, ) |
| Filing 11 STATUS Report joint initial status report by Kenneth Berryhill (Elman, Anthony) |
| Filing 10 ATTORNEY Appearance for Plaintiff Kenneth Berryhill by Anthony R. Elman (Elman, Anthony) |
| Filing 9 MINUTE entry before the Honorable Ronald A. Guzman: After reviewing Defendants' Supplemental Jurisdictional Statement #7 and MJ Corporate Disclosure Statement #8 , the Court is satisfied that it has diversity jurisdiction. The parties are directed to confer no later than 10/6/2021 to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, and they shall also discuss deadlines for any Rule 26(a)(1) disclosures that have not already been exchanged and a proposed discovery plan. Plaintiff is responsible for initiating such a conference, and all lead counsel for all parties must participate. In lieu of an initial status hearing, the parties shall file a joint written initial status report and proposed discovery plan by 10/13/2021. Failure or refusal to participate in such a conference or to cooperate in the preparation of the written report may constitute a basis for sanctions. After the Court receives the parties' written report, it will issue an order setting a discovery schedule if appropriate. Mailed notice. (kp, ) |
| Filing 8 MJ Corporate Disclosure Statement by David Erickson, M.J. Electric, LLC. (Snider, Michael) |
| Filing 7 Supplemental Jursidictional Statement by David Erickson, M.J. Electric, LLC. (Snider, Michael) |
| Filing 6 ANSWER to Complaint with Jury Demand by David Erickson, M.J. Electric, LLC.(Snider, Michael) |
| Filing 5 MINUTE entry before the Honorable Ronald A. Guzman: This is a personal-injury action removed from state court on the basis of diversity jurisdiction. One of the defendants is a limited liability company ("LLC"); it is alleged that "Defendant M.J. Electric, LLC is a limited liability company that is wholly owned by Quanta Services, Inc." (ECF No. 1, Notice of Removal 6.) The Seventh Circuit insists upon "scrupulous adherence to the limitations on the subject-matter jurisdiction of the federal courts," Meyerson v. Harrah's East Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002), and the citizenship of an LLC is that of each of its "members," Synfuel Technologies, Inc. v. DHL Express (USA), Inc., 463 F.3d 646, 651 (7th Cir. 2006). The allegation that the defendant LLC is "wholly owned" by Quanta Services, Inc. ("Quanta") might mean that the LLC has a single member, which is Quanta, but it is not entirely clear. Accordingly, defendants are directed to file a supplemental jurisdictional statement no later than September 21, 2021, setting forth all of the "members" of M.J. Electric, LLC and the citizenship of those members. Mailed notice. (kp, ) |
| Filing 4 MAILED Notice of Removal letter to counsel of record. (txl, ) |
| Filing 3 ATTORNEY Appearance for Defendants David Erickson, M.J. Electric, LLC by Michael A. Snider (Snider, Michael) |
| Filing 2 CIVIL Cover Sheet (Snider, Michael) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, IL, Law Division, case number (2021L008021) filed by David Erickson, M.J. Electric, LLC Filing fee $ 402, receipt number 0752-18661760. (Snider, Michael) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (crl, ) |
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