Cruz v. Robert Bosch, LLC et al
| Pia Cruz |
| ROBERT BOSCH LLC, Robert Bosch Tool Corporation, Robert Bosch Automotive Steering LLC and Robert Bosch, LLC |
| 1:2021cv06794 |
| December 21, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Labor: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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Filing 11
Defendants' Jurisdictional Memorandum by Robert Bosch Automotive Steering LLC, Robert Bosch, LLC (Attachments: #1 Declaration in Support of Jurisdictional Memorandum)(Constantine, Randall)
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Filing 10
MINUTE entry before the Honorable Edmond E. Chang: 1. On review of the Jurisdictional Memorandum, R. 9, Defendant Robert Bosch Tool Corporation is voluntarily dismissed by the Plaintiff, R. 9 at 2. The Clerk's Office shall terminate that Defendant. That eliminates any dispute over fraudulent joinder. But the Plaintiff asserts that the ultimate LLC member for diversity purposes, Robert Bosch North America Corporation is potentially an Illinois citizen, whereas the Defendants contend that the principal place of business is actually Michigan. 2. The parties dispute whether the domestic-relations exception applies. 3. To complete briefing on the two disputes, the Defendants shall file, by 02/07/2022, a Jurisdictional Position Statement that sets forth (a) the factual and legal arguments on principal place of business, attaching exhibits as necessary; and (b) why the domestic-relations exception does not apply, if it wishes to offer additional argument. The Court notes that, as to the domestic-relations exception, the nature of the specific claims and defenses of the parties in the litigation might very well be important, so the Defendants should proffer their defenses, as best as they know them now. By 02/28/2022, the Plaintiff shall file a Response to Jurisdictional Position Statement, offering responses to the defense filing (including exhibits as needed on the principal place of business dispute, as well as any specifics about the claims that trigger the domestic-relations exception). By 03/14/2022, the defense shall reply. Ahead of all this, the parties shall confer, by 01/27/2022, on what records might be dispositive on the principal place of business dispute. Typically, that type of dispute can be resolved with adequate record disclosure. The tracking status hearing of 01/21/2022 is reset to 04/08/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 9
Joint Jurisdictional Memorandum by Robert Bosch Automotive Steering LLC, Robert Bosch Tool Corporation, Robert Bosch, LLC (Constantine, Randall)
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Filing 8
ATTORNEY Appearance for Plaintiff Pia Cruz by Frederick E. Roth (Roth, Frederick)
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Filing 7
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Robert Bosch Automotive Steering LLC, Robert Bosch Tool Corporation, Robert Bosch, LLC (Constantine, Randall)
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Filing 6
MINUTE entry before the Honorable Edmond E. Chang: On review of the Defendants' motions #4 #5 to dismiss, the motions are terminated without prejudice for now. Ordinarily, a federal court should ensure that it has subject matter jurisdiction before deciding a motion on the merits. At the very least, the Rule 12(b)(6) bases for the dismissal motion, R. 4, cannot be decided until subject matter jurisdiction is secure, and there is no sound reason to decide Steering LLC's personal-jurisdiction argument ahead of subject matter jurisdiction. So the motions are terminated without prejudice. The responsive pleading deadline is suspended until the jurisdictional inquiry, R. 3, is fully considered and decided. Emailed notice (Chang, Edmond)
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Filing 5
MOTION by Defendant Robert Bosch Automotive Steering LLC to dismiss for lack of jurisdiction (Attachments: #1 Notice of Filing, #2 Memorandum in Support of Motions, #3 Declaration of Robert Miklautsch)(Constantine, Randall)
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Filing 4
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Robert Bosch Automotive Steering LLC, Robert Bosch Tool Corporation, Robert Bosch, LLC (Attachments: #1 Notice of Filing, #2 Memorandum in Support of Motions, #3 Declaration of Robert Miklautsch)(Constantine, Randall)
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Filing 3
MINUTE entry before the Honorable Edmond E. Chang: Upon review of the Complaint, the Court poses the following jurisdictional inquiry. The Defendants premise jurisdiction on diversity of citizenship. 28 U.S.C. 1332. They have correctly traced the memberships of Robert Bosch Automotive Steering, LLC, and Robert Bosch, LLC, to their ultimate members and have thus adequately alleged diversity--if, that is, they are correct that the third defendant, Robert Bosch Tool Corporation, was fraudulently joined. The fraudulent joinder doctrine provides that "an out-of-state defendant's right of removal premised on diversity cannot be defeated by joinder of a nondiverse defendant against whom the plaintiff's claim has no chance of success." Morris v. Nuzzo, 718 F.3d 660, 666 (7th Cir. 2013) (cleaned up); see also Poulos v. Naas Foods, Inc., 959 F.2d 69, 73 (7th Cir. 1992). Despite the doctrine's name, it can apply to situations where the plaintiff did not intend to commit actual "fraud." See Walton v. Bayer Corp., 643 F.3d 994, 999 (7th Cir. 2011). Also, because this case concerns enforcement of a child-support order, there is one other potential jurisdictional wrinkle: the domestic-relations exception, which would render removal of the case to federal court improper if the Court would be required to modify or to resolve a dispute over a child-support order. See Ankenbrandt v. Richards, 504 U.S. 689, 69597 (1992); Friedlander v. Friedlander, 149 F.3d 739, 740 (7th Cir. 1998). The exception would not apply, however, if there is no dispute over the interpretation of the child-support order (for example, if the dispute is simply over whether the employer was adequately notified of the order). On or before 01/14/2022, the parties shall file a joint Jurisdictional Memorandum addressing (1) the applicability of the fraudulent joinder doctrine; and (2) whether they anticipate that their dispute will raise an issue requiring interpretation of the child-support order, implicating the domestic-relations exception. If the parties do not agree, then they shall set forth their competing positions in the Jurisdictional Memorandum (and the Court will consider setting a separate cross-response date). To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 01/21/2022 at 8:30 a.m.Emailed notice (Chang, Edmond)
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Filing 2
MAILED Notice of Removal letter to counsel of record. (rc, )
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Filing 1
NOTICE of Removal from Circuit Court, 18th Judicial Circuit, Du Page County, Wheaton, IL, case number (2021L001226) filed by ROBERT BOSCH LLC, Robert Bosch Automotive Steering LLC, Robert Bosch Tool Corporation Filing fee $ 402, receipt number 0752-18989909. (Attachments: #1 Exhibit A: State Court Pleadings, #2 Exhibit B: State Court Form of Notice, #3 Civil Cover Sheet)(Constantine, Randall)
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (ak, )
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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. (ak, )
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