NorthPark Holdings L.L.C v. General Star Indemnity Company
| NorthPark Holdings L.L.C |
| General Star Indemnity Company |
| 1:2021cv06709 |
| December 16, 2021 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 4, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 PARTIES' SCHEDULING ORDER signed by the Honorable John F. Kness on 2/4/2022. Mailed notice(ef, ) |
| Filing 12 REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. 0752-18977345, (Bracke, Michelle) #11 (td, ) |
| Filing 11 REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. 0752-18977345, (Bracke, Michelle) |
| Filing 10 MINUTE entry before the Honorable John F. Kness: Before the Court is the Joint Initial Status Report #9 submitted by the parties. Upon review of the Report and the schedule recommended by the parties, the Court finds the schedule to be reasonable and thus adopts the parties' recommendations. Within 14 days, the parties must submit a proposed scheduling order (the required Word template is available on the Court's homepage) by email to proposed_order_kness@ilnd.uscourts.gov. The parties are cautioned that the fact discovery cutoff date is a governing deadline and that no extensions of this deadline will be granted absent a showing of good cause. See Fed. R. Civ. P. 16(b)(4). The initial status hearing set for 1/14/2022 is stricken and reset to 4/14/2022 at 09:50 AM. The parties shall use the same call-in information #5 . Mailed notice (ef, ) |
| Filing 9 STATUS Report JOINT STATUS REPORT by NorthPark Holdings L.L.C (Eshoo, Edward) |
| Filing 8 ANSWER to Complaint by General Star Indemnity Company(Bracke, Michelle) |
| Filing 7 Jurisdictional Memorandum by General Star Indemnity Company (Bracke, Michelle) |
| Filing 6 MINUTE entry before the Honorable John F. Kness: Upon review of the complaint, the Court orders the following jurisdictional inquiry. Defendant premises the removal of this action from the Circuit Court of Cook County on diversity of citizenship. (Dkt. 1, para. 8; Dkt. 1-3 at 1.) Defendant states that "Plaintiff NorthPark Holdings L.L.C. is a citizen and resident of Illinois" and "Defendant General Star is an insurance company organized under the laws of the state of Delaware with its principal place of business in the state of Connecticut." (Dkt. 1, paras. 6-7.) But, as those assertions make clear, Plaintiff is a LLC and Defendant is a company (it is not immediately clear whether Defendant is a LLC, a corporation, or some other legal entity). As the Seventh Circuit has explained, limited liability companies, like partnerships, are citizens of every state of which any member is a citizen. See, e.g., Belleville Catering Co. v. Champaign Market Place LLC, 350 F.3d 691, 692 (7th Cir. 2003). Where LLCs have members that are themselves LLCs or partnerships, the citizenship of those LLCs must also be identified. See id. To put it plainly, the membership and citizenship of every partnership or LLC, at whatever level of the overall structure, must be identified. In this regard, Defendant's notice of removal is insufficient. Because the Notice of Removal does not identify the membership of Plaintiff or Defendant (to the extent that Defendant is a legal entity like a LLC with members), the Court orders Defendant to file a short Jurisdictional Memorandum stating, based on the facts of which Defendant is aware, the specific identities and citizenship of each individual member of Plaintiff and Defendant. The jurisdictional memorandum must be filed on or before 1/10/2022. As a reminder, Defendants bear the burden to demonstrate that complete diversity exists at the time of removal. Tylka v. Gerber Prod. Co., 211 F.3d 445, 448 (7th Cir. 2000). Mailed notice (ef, ) |
Filing 5
ORDER signed by the Honorable John F. Kness on 12/20/2021: Telephonic initial status hearing is set for 1/14/2022 at 9:30 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than seven days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, )
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| Filing 4 MAILED Notice of Removal letter counsel of record. (rc, ) |
| Filing 3 ATTORNEY Appearance for Defendant General Star Indemnity Company by Michelle Marie Bracke (Bracke, Michelle) |
| Filing 2 PAYMENT of Filing fee $ 402, receipt number 0752-18977345. (Bracke, Michelle) |
| Filing 1 NOTICE of Removal from Cook County Law Division, case number (2021L010990) filed by General Star Indemnity Company (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet, #4 Appearance)(Bracke, Michelle) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (cm, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (cm, ) |
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| Plaintiff: NorthPark Holdings L.L.C | |
| Represented By: | Edward Eshoo, Jr. |
| Represented By: | Christina M. Phillips |
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| Defendant: General Star Indemnity Company | |
| Represented By: | Michelle Marie Bracke |
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