Lincoln Park Hair Salon & Spa, LLC v. Midvale Indemnity Company
| Lincoln Park Hair Salon & Spa, LLC |
| Midvale Indemnity Company |
| 1:2022cv01510 |
| March 23, 2022 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| None |
Docket Report
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| Filing 13 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/17/2022. The amended notice of removal adequately establishes diversity and citizenship. Rule 26(a)(1) disclosures are to be made by 5/31/2022. Written discovery requests are to be served by 6/14/2022. Written discovery is to be completed by 7/12/2022. Fact discovery is to be completed by 11/14/2022. Deadline for amending the pleadings and adding parties is 9/30/2022. A telephonic status hearing is set for 8/18/2022 at 9:00 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. The parties are directed to file a joint status report by 8/16/2022. Mailed notice. (mma, ) |
| Filing 12 AMENDED notice of removal, #1 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Zimmer, Bart) |
| Filing 11 MINUTE entry before the Honorable Matthew F. Kennelly: This case was removed by defendant to federal court based on claimed diversity of citizenship, but the notice of removal does not adequately describe the citizenship of the plaintiff. The plaintiff is a limited liability company (LLC). The notice of removal says--incorrectly, it would appear--that the plaintiff is a corporation, and proceeds to identify its principal place of business. Neither the state of formation nor the principal place of business has any bearing on an LLC's citizenship. Under well established Seventh Circuit authority, the citizenship of an LLC is that of each and every one of the LLC's members--and if a member is itself an LLC, partnership, or other entity, citizenship must be traced all the way through. See Mutual Assignment & Indemnification Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). Defendant is given until 5/16/2022 to file an amended notice of removal setting forth the citizenship of the plaintiff fully and completely. Plaintiff is directed to cooperate with defendant in identifying the citizenship of the plaintiff. The status hearing set for 5/17/2022 will proceed as scheduled. (mk) (Kennelly, Matthew) |
| Filing 10 STATUS Report - Joint by Lincoln Park Hair Salon & Spa, LLC (Mikuzis, Steven) |
| Filing 9 MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 5/10/2022, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 on 5/17/2022 at 9:15 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk) |
| Filing 8 ANSWER to Complaint by Midvale Indemnity Company(Zimmer, Bart) |
| Filing 7 ATTORNEY Appearance for Plaintiff Lincoln Park Hair Salon & Spa, LLC by Mario M Iveljic (Iveljic, Mario) |
| Filing 6 ATTORNEY Appearance for Plaintiff Lincoln Park Hair Salon & Spa, LLC by Steven P Mikuzis (Mikuzis, Steven) |
| Filing 5 MAILED Notice of Removal letter to counsel of record. (aee, ) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (dxb, ) |
| 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. (aee, ) |
| Filing 4 ATTORNEY Appearance for Defendant Midvale Indemnity Company by Troy Allen Lundquist (Lundquist, Troy) |
| Filing 3 ATTORNEY Appearance for Defendant Midvale Indemnity Company by Bart Zimmer (Zimmer, Bart) |
| Filing 2 CIVIL Cover Sheet (Zimmer, Bart) |
| Filing 1 NOTICE of Removal from Cook County, case number (2021 CH 06445) filed by Midvale Indemnity Company Filing fee $ 402, receipt number 0752-19272835. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Affidavit of Laurie Sellers, #3 Exhibit C - Proof of Service)(Zimmer, Bart) |
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| Plaintiff: Lincoln Park Hair Salon & Spa, LLC | |
| Represented By: | Steven P Mikuzis |
| Represented By: | Mario M Iveljic |
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| Defendant: Midvale Indemnity Company | |
| Represented By: | Troy Allen Lundquist |
| Represented By: | Bart Zimmer |
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