Charter Oak Fire Insurance Company et al v. Indiana Sugars, Inc. et al
| Charter Oak Fire Insurance Company and Travelers Property Casualty Company of America |
| Indiana Sugars, Inc., Sweet Specialty Solutions, LLC and Pamela Ervin |
| 1:2021cv06814 |
| December 22, 2021 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Contract: Insurance |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 15 MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs having established #13 , at least for pleading purposes, that there is complete diversity, Plaintiffs have complied with this Court's order #11 requiring a jurisdictional supplement as to subject matter jurisdiction. Mailed notice. (dm, ) |
| Filing 14 MINUTE entry before the Honorable Mary M. Rowland: On or before 3/7/22, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (dm, ) |
| Filing 13 SUPPLEMENT to text entry,,,,,,, #11 Plaintiffs' Supplemental Jurisdictional Statement (DeLascio, John) |
| Filing 12 ATTORNEY Appearance for Defendant Pamela Ervin by R. Mark Maritote (Maritote, R.) |
| Filing 11 MINUTE entry before the Honorable Mary M. Rowland: In light of Plaintiff's invocation of diversity as the basis for federal jurisdiction, on or before 1/27/22, Plaintiff shall file a jurisdictional supplement as a separate docket entry. Allegations based upon "information and belief" are insufficient to establish diversity jurisdiction in the Seventh Circuit. See Brickstructures, Inc. v. Coaster Dynamix, Inc., 2017 WL 4310671, at *1 (N.D. Ill. Sept. 28, 2017); Ferolie Corp. v. Advantage Sales & Mktg., LLC, No. 04 C 5425, 2004 WL 2433114, at *1 (N.D. Ill. Oct. 28, 2004). In addition, Plaintiff's supplement should allege sufficient facts from which this Court can determine the citizenships of Plaintiff and each of the Defendants. For example, a corporation's jurisdictional statement should identify both its state of incorporation and the state in which it maintains its principal place of business. Page v. Democratic Nat'l Comm., 2 F.4th 630, 635 (7th Cir. 2021). And because an LLC takes the citizenship of each of its members, an LLC's jurisdictional statement "must identify the citizenship of each of its members as of the date the complaint or notice of removal was filed, and, if those members have members, the citizenship of those members as well." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). As to the individual Defendant Ervin, Plaintiff should confirm the state of her domicile. See Sippey v. Cooper Technica, Inc., No. 18 C 6744, 2020 WL 7027603, at *3 (N.D. Ill. Nov. 30, 2020) (noting an individual's citizenship depends upon her domicile, not residence). If Plaintiff fails to file the jurisdictional supplement as directed, this case may be dismissed for lack of subject matter jurisdiction. Mailed notice. (dm, ) |
| Filing 10 WAIVER OF SERVICE returned executed by Charter Oak Fire Insurance Company, Travelers Property Casualty Company of America. Pamela Ervin waiver sent on 12/30/2021, answer due 2/28/2022. (DeLascio, John) |
| Filing 9 WAIVER OF SERVICE returned executed by Charter Oak Fire Insurance Company, Travelers Property Casualty Company of America. Sweet Specialty Solutions, LLC waiver sent on 12/28/2021, answer due 2/28/2022. (DeLascio, John) |
| Filing 8 WAIVER OF SERVICE returned executed by Charter Oak Fire Insurance Company, Travelers Property Casualty Company of America. Indiana Sugars, Inc. waiver sent on 12/28/2021, answer due 2/28/2022. (DeLascio, John) |
| 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 Mary M. Rowland. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (cm, ) |
| Filing 7 Rule 7.1 Corporate Disclosures by Travelers Property Casualty Company of America (DeLascio, John) |
| Filing 6 Rule 7.1 Corporate Disclosures by Charter Oak Fire Insurance Company (DeLascio, John) |
| Filing 5 CIVIL Cover Sheet (DeLascio, John) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Charter Oak Fire Insurance Company, Travelers Property Casualty Company of America by John Edward DeLascio (DeLascio, John) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Charter Oak Fire Insurance Company, Travelers Property Casualty Company of America by Scott M. Seaman (Seaman, Scott) |
| Filing 2 PAYMENT regarding #1 of Filing fee $ 402, receipt number 0752-18993639. (DeLascio, John) |
| Filing 1 COMPLAINT for Declaratory Judgment filed by Charter Oak Fire Insurance Company, Travelers Property Casualty Company of America; Jury Demand. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, Part 1, #4 Exhibit Exhibit C, Part 2, #5 Exhibit Exhibit C, Part 3, #6 Exhibit Exhibit C, Part 4, #7 Exhibit Exhibit C, Part 5, #8 Exhibit Exhibit D, #9 Exhibit Exhibit E)(DeLascio, John) |
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