Bracken Data, Inc. et al v. Guel et al
| Bracken Data, Inc. and Salzman Group, Ltd. |
| Thomas Guel and Ellie Pharmaceuticals, LLC |
| 1:2022cv00273 |
| January 17, 2022 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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Filing 13
MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule on defendants' motion to dismiss (Dckt. No. #12 ). Plaintiffs' response is due by March 23, 2022. Defendants' reply is due by April 6, 2022. Mailed notice. (jjr, )
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Ellie Pharmaceuticals, LLC, Thomas Guel (Hecht, Adam)
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Filing 11
ATTORNEY Appearance for Defendants Ellie Pharmaceuticals, LLC, Thomas Guel by Adam M. Hecht (Hecht, Adam)
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Filing 10
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the jurisdictional allegations of the amended complaint. (Dckt. No. #5 ) They are better, but not sufficient. The amended complaints alleges, on information and belief, that Ellie Pharmaceuticals has one member, and that the member is a "resident" of Illinois. But for jurisdictional purposes, what matter is citizenship, not residence. They are not the same. By March 2, 2022, Defendant Ellie Pharmaceuticals must file a statement that discloses all of its members, and Defendant Guel must disclose his citizenship (meaning where he is a domiciliary). Mailed notice. (jjr, )
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Filing 9
SUMMONS Returned Executed by Bracken Data, Inc., Salzman Group, Ltd. as to Thomas Guel on 2/9/2022, answer due 3/2/2022. (Block, Steven)
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Filing 8
SUMMONS Returned Executed by Bracken Data, Inc., Salzman Group, Ltd. as to Ellie Pharmaceuticals, LLC on 1/27/2022, answer due 2/17/2022. (Gabrenya, Natalie)
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Filing 7
ATTORNEY Appearance for Plaintiffs Bracken Data, Inc., Salzman Group, Ltd. by Natalie Gabrenya (Gabrenya, Natalie)
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Filing 6
ATTORNEY Appearance for Plaintiffs Bracken Data, Inc., Salzman Group, Ltd. by Steven Andrew Block (Block, Steven)
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Filing 5
AMENDED complaint by Bracken Data, Inc., Salzman Group, Ltd. against Ellie Pharmaceuticals, LLC, Thomas Guel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Redline Version of Amended Complaint)(Block, Steven)
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SUMMONS Issued as to Defendants Ellie Pharmaceuticals, LLC, Thomas Guel (ak, )
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Filing 4
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the complaint, which invokes this Court's diversity jurisdiction. Plaintiffs are Bracken Data, Inc. and Salzman Group, Ltd., and Defendants are Thomas Guel and Ellie Pharmaceuticals, LLC. The jurisdictional allegations are inadequate. The complaint alleges that Defendant Ellie Pharmaceuticals, LLC "is a limited liability company organized under the laws of the State of Delaware with its principal place of business, on information and belief, in Illinois." But Ellis Pharmaceuticals, LLC is a limited liability company, not a corporation. And from a jurisdictional perspective, the difference is everything. A limited liability company is a citizen wherever its members are citizens. It makes no difference where a limited liability company is registered, or where it has its principal place of business. For an LLC, the citizenship of its members is all that matters. See Belleville Catering Co. v. Champaign Mkt. Place, LLC, 350 F.3d 691, 692 (7th Cir. 2003); Martin v. Living Essentials, LLC, 653 Fed. Appx. 482, 485 (7th Cir. 2016) ("[T]he home 'base' of a limited liability company, or LLC, is irrelevant, given that an LLC has the citizenship of each of its members."); Thomas v. Guardmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) ("For diversity jurisdictional purposes, the citizenship of an LLC is the citizenship of each of its members."); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998) ("[T]he citizenship of an LLC for purposes of the diversity jurisdiction is the citizenship of its members."); Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equip. Co., 759 F.3d 787, 787-88 (7th Cir. 2014). The complaint must fully and affirmatively disclose the citizenship of the parties. Saying that an entity is not a citizen of this-or-that state is not enough, because it does not reveal where the party is a citizen. See West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829 (7th Cir. 2020) ("We've held repeatedly that there's no such thing as a [state name here] partnership or LLC, that only the partners' or members' citizenships matter, and that their identities and citizenships must be revealed.") (brackets and emphasis in original). Here, the complaint does not identify the members of Ellie Pharmaceuticals, LLC, let alone reveal where they are citizens. So, based on the complaint itself, there is no basis for this Court's jurisdiction. So the complaint is stricken. The Court grants Plaintiffs leave to file an amended complaint with proper jurisdictional allegations by February 7, 2022. Mailed notice. (jjr, )
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Filing 3
MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by April 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, )
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CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jxj, )
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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. (jxj, )
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Filing 2
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bracken Data, Inc., Salzman Group, Ltd. (Block, Steven)
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Filing 1
COMPLAINT filed by Bracken Data, Inc., Salzman Group, Ltd.; Jury Demand. Filing fee $ 402, receipt number 0752-19062037. (Attachments: #1 Exhibit A - BG Contract, #2 Exhibit B - BG Invoices, #3 Exhibit C - Check, #4 Exhibit D - Emails, #5 Exhibit E - SG Agreements, #6 Exhibit F - SG Invoices, #7 Exhibit G - Whatsapp, #8 Civil Cover Sheet)(Block, Steven)
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