Eleven City Diner, LLC et al v. Ohio Security Insurance Company
| Eleven City Diner, LLC, Ehava Hospitality and Ehava Hospitality, Inc. |
| Ohio Security Insurance Company and Ohio Security Insurance Company doing business as Liberty Mutual Insurance |
| 1:2021cv05501 |
| October 15, 2021 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Contract: Insurance |
| 28 U.S.C. ยง 1331 |
| Both |
Docket Report
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This docket was last retrieved on November 12, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the jurisdictional statement (Dckt. No. #11 ). Based on that statement, there is complete diversity of citizenship. Mailed notice (jjr, ) |
| Filing 11 Jurisdictional STATEMENT by Ohio Security Insurance Company (Schirle, Kenneth) |
| Filing 10 MINUTE entry before the Honorable Steven C. Seeger: The Court grants the unopposed motion by Defendant Ohio Security Insurance Company for extension of time to file jurisdictional statement (Dckt. No. #9 ). The deadline to file the jurisdictional statement is extended to November 10, 2021. Mailed notice. (jjr, ) |
| Filing 9 MOTION by Defendant Ohio Security Insurance Company for extension of time Unopposed Motion for Extension of Time to File Jurisdictional Statement (Attachments: #1 Exhibit A)(Schirle, Kenneth) |
| Filing 8 MINUTE entry before the Honorable Steven C. Seeger: The Court removed the notice of removal (Dckt. No. #1 ), which declared in conclusory fashion that Eleven City Diner, LLC is a citizen of Illinois, Florida, and California. Eleven City Diner is a limited liability company, which means that it has the citizenship of each of its members. But the notice of removal does not identify the members, let alone specify their citizenship. So the notice of removal is defective. See America's Best Inns, Inc. v. Best Inns of Abilene, LP, 980 F.2d 1072, 1074 (7th Cir. 1992); State St. Bank & Trust Co. v. Morderosian, 234 F.3d 1274, at *2 (7th Cir. 2000) ("Conclusional allegations are insufficient. A court needs to know details, such as the state of incorporation and principal place of business of each corporate party."). "[A]ffidavits alleging citizenship based on 'the best of my knowledge and belief' are, by themselves, insufficient to show citizenship in a diversity case." Medical Assur. Co., Inc. v. Hellman, 610 F.3d 371, 376 (7th Cir. 2010); see also Thomas v. Guardsmark, LLC, 487 F.3d 531, 533 (7th Cir. 2007) ("[A]n appellant's naked declaration that there is diversity of citizenship is never sufficient."). By October 29, 2022, Defendants must file a jurisdictional statement that identifies each of the members of the LLC and discloses their citizenship. A failure to comply may lead to remand. Mailed notice. (jjr, ) |
| Filing 7 ATTORNEY Appearance for Plaintiffs Ehava Hospitality, Inc., Eleven City Diner, LLC by Julianne Marie Dailey (Dailey, Julianne) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Ehava Hospitality, Inc., Eleven City Diner, LLC by Basileios Katris (Katris, Basileios) |
| Filing 5 MAILED Notice of Removal letter to counsel of record. (cp, ) |
| Filing 4 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by January 4, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 3 ATTORNEY Appearance for Defendant Ohio Security Insurance Company by Kenneth Clark Schirle (Schirle, Kenneth) |
| Filing 2 CIVIL Cover Sheet (Schirle, Kenneth) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2021 L 008161) filed by Ohio Security Insurance Company Filing fee $ 402, receipt number 0752-18773548. (Attachments: #1 Exhibit A, #2 Exhibit B)(Schirle, Kenneth) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (cxr, ) |
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