Hanc & Brubaker Holdings et al v. NXT LVL Services, LLC et al
| Han & Brubaker Holdings, Hanc Holdings, Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Level Set Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC, Redstone Ecom, LLC, Parkcam, LLC and Hanc & Brubaker Holdings |
| NXT LVL Services, LLCC, Upgraded Lifestyle, LLC, One Up, LLC, Michael Walding and NXT LVL Services, LLC |
| 1:2022cv01526 |
| March 23, 2022 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on February 24, 2023. A more recent docket listing may be available from PACER.
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Filing 42
DEFENDANTS' ANSWER to amended complaint (Defendant's Answer and Affirmative Defenses to Plaintiffs' Second Amended Complaint) by NXT LVL Services, LLC, One Up, LLC, Upgraded Lifestyle, LLC, Michael Walding (Szwajkowski, Matthew)
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Filing 41
MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time #40 is granted; answer to second amended complaint is to be filed by 2/24/2023. (mk)
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Filing 40
MOTION by Defendants NXT LVL Services, LLC, One Up, LLC, Upgraded Lifestyle, LLC, Michael Walding for extension of time to file answer to the Second Amended Complaint (Unopposed) (Szwajkowski, Matthew)
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Filing 39
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 3/3/2023. Written discovery requests are to be served by 3/20/2023. The deadline for amending the pleadings and adding parties is 8/15/2023. Fact discovery is to be completed by 9/29/2023. Expert witnesses are not anticipated. The deadline for filing dispositive motions is 11/30/2023. The telephonic status hearing set for 2/8/2023 is vacated and reset to 4/13/2023 at 9:05 a.m., using call-in number 888-684-8852, access code 746-1053. A further joint status report detailing the progress of discovery and any settlement discussions is to be filed on 4/6/2023. (mk)
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Filing 38
STATUS Report (Joint) by NXT LVL Services, LLC, One Up, LLC, Upgraded Lifestyle, LLC, Michael Walding (Szwajkowski, Matthew)
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Filing 37
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 1/27/2023: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court dismisses the claims of all plaintiffs other than Parkcam based on the doctrine of forum non conveniens but declines to dismiss Parkcam's claims [dkt. no. 27]. The parties are directed to confer regarding an appropriate discovery and pretrial schedule regarding Parkcam's claims and are to file a joint status report with a proposed schedule by no later than February 3, 2023. The case is set for a telephonic status hearing on February 8, 2023 at 9:05 a.m., using call-in number 888-684-8852, access code 746-1053. (mk)
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Filing 36
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 35
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/6/2022. The defendants' motion to dismiss or compel arbitration #27 is taken under advisement. The Court will set a further status hearing after it issues a ruling on the pending motion. Mailed notice. (mma, )
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Filing 34
REPLY by Defendants NXT LVL Services, LLC, One Up, LLC, Upgraded Lifestyle, LLC, Michael Walding in Support of Motion to Dismiss Second Amended Complaint, or in the Alternative, to Compel Arbitration and to Stay Proceedings Pending Arbitration (O'Hagan, Kevin)
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Filing 33
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for extension of time is granted; due date for reply brief is extended to 10/3/2022. (mk)
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Filing 32
MOTION by Defendants NXT LVL Services, LLC, One Up, LLC, Upgraded Lifestyle, LLC, Michael Walding for extension of time to file response/reply In Support of Motion to Dismiss Plaintiffs' Second Amended Complaint (Unopposed) (Szwajkowski, Matthew)
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Filing 31
MINUTE entry before the Honorable Matthew F. Kennelly: The telephonic status hearing set for 9/22/2022 is vacated and reset to 10/6/2022 at 8:55 a.m., due to the extension of the briefing schedule on the pending motion. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. (mk)
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Filing 30
RESPONSE by Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Hanc & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC, Parkcam, LLC, Redstone Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC in Opposition to MOTION by Defendants NXT LVL Services, LLC, Upgraded Lifestyle, LLC, Michael Walding, One Up, LLC to dismiss the Second Amended Complaint Or, In The Alternative, To Compel Arbitration and to Stay Proceedings Pending Arbitration #27 (Attachments: #1 Notice of Filing)(Walsh, Patrick)
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Filing 29
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of time #28 is granted. Due date for response to motion to dismiss is extended to 9/12/2022. Due date for reply to response is extended to 9/26/2022. (mk)
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Filing 28
MOTION by Plaintiffs Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Hanc & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC, Parkcam, LLC, Redstone Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC for extension of time Unnopposed Motion to Extend Time to Respond to Motion to Dismiss (Attachments: #1 Notice of Filing)(Walsh, Patrick)
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Filing 27
MOTION by Defendants NXT LVL Services, LLC, Upgraded Lifestyle, LLC, Michael Walding, One Up, LLC to dismiss the Second Amended Complaint Or, In The Alternative, To Compel Arbitration and to Stay Proceedings Pending Arbitration (O'Hagan, Kevin)
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Filing 26
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 7/22/2022. Plaintiff's motion to amend #22 is granted as to the reasons stated on the record. Defendant's motion to dismiss #20 is terminated as moot. Defendant has until 8/5/2022 to file a new motion to dismiss. Plaintiff's response is due 9/2/2022; defendant's reply is due 9/16/2022. A telephonic status hearing is set for 9/22/2022 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
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Filing 25
Second AMENDED complaint by Level Set Ecom, LLC, Algon Ecom, LLC, Srune Ecom, LLC, Redstone Ecom, LLC, Hanc Holdings, Stelb Ecom, LLC, Ecom Dynamics, LLC, Hanc & Brubaker Holdings, Parkcam, LLC, Elevations In Ecom, LLC against All Defendants (Attachments: #1 Notice of Filing NOF 2nd Amended Complaint)(Walsh, Patrick)
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Filing 24
MINUTE entry before the Honorable Matthew F. Kennelly: In light of plaintiffs' filing of a motion to file an amended complaint, the telephonic status hearing set for 8/9/2022 is vacated and advanced to 7/22/2022 at 9:10 a.m. The motion for leave to amend is set for hearing at that same time. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk)
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Filing 23
NOTICE by Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Hanc & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC, Parkcam, LLC, Redstone Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC re MOTION by Plaintiffs Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Hanc & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC, Parkcam, LLC, Redstone Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC for leave to file Second Amended Comp #22 (Walsh, Patrick)
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Filing 22
MOTION by Plaintiffs Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Hanc & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC, Parkcam, LLC, Redstone Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC for leave to file Second Amended Complaint (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit 1-9)(Walsh, Patrick)
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Filing 21
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 6/21/2022. Plaintiff's response to the defendants' motion to dismiss is due 7/19/2022; defendants' reply is due 8/2/2022. A telephonic status hearing is set for 8/9/2022 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
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Filing 20
MOTION by Defendants NXT LVL Services, LLC, Upgraded Lifestyle, LLC, Michael Walding, One Up, LLC to dismiss MOTION TO DISMISS THE FIRST AMENDED COMPLAINT OR, IN THE ALTERNATIVE, TO COMPEL ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION (Attachments: #1 Defendants' LR 3.2 Notification as to Affiliates)(Szwajkowski, Matthew)
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Filing 19
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 6/20/2022 is vacated and reset to 6/21/2022 at 8:45 a.m. because 6/20/2022 is a holiday. The following call-in number will be used: 888-684-8852; access code 746-1053. (mk)
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Filing 18
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 6/2/2022 is vacated and reset to 6/20/2022 at 8:40 a.m., which is after the due date for defendants' response to plaintiffs' amended complaint. The Court finds that the amended complaint adequately alleges complete diversity of citizenship. The following call-in number will be used for the hearing on 6/20/2022: 888-684-8852; access code 746-1053. (mk)
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Filing 17
Plaintiffs' AMENDED complaint by Level Set Ecom, LLC, Algon Ecom, LLC, Srune Ecom, LLC, Redstone Ecom, LLC, Hanc Holdings, Stelb Ecom, LLC, Ecom Dynamics, LLC, Hanc & Brubaker Holdings, Parkcam, LLC, Elevations In Ecom, LLC against All Defendants (Attachments: #1 Notice of Filing)(Walsh, Patrick)
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Filing 16
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' unopposed motion for extension of time #15 is granted. Because the Court has directed plaintiffs to file by 5/26/2022 an amended complaint properly setting out the parties' citizenship, defendants' response to the amended complaint will be due 3 weeks after that, on 6/16/2022. This does not affect any other date or deadline set by the Court. (mk)
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Filing 15
MOTION by Defendants NXT LVL Services, LLC, One Up, LLC, Upgraded Lifestyle, LLC, Michael Walding for extension of time to respond to the Complaint (Unopposed) (Szwajkowski, Matthew)
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Filing 14
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/17/2022 and continued to 6/2/2022 at 9:10 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. Mailed notice. (mma, )
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Filing 13
MINUTE entry before the Honorable Matthew F. Kennelly: At the request of the plaintiff, the deadline for the amended complaint is extended to 5/26/2022. Mailed notice. (mma, )
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Filing 12
MINUTE entry before the Honorable Matthew F. Kennelly: The complaint in this case, which was filed in federal court based on claimed diversity of citizenship, does not adequately describe the citizenship of any party. All of the plaintiffs and all but one of the defendants are limited liability companies (LLCs). The complaint describes the citizenship of each of the LLCs by saying where the entity was formed and where it has its principal place of business. Neither of those 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). In addition, one of the defendants is an individual, and although the complaint identifies the state where he resides, it does not identify the state of his citizenship. The two are not necessarily the same. Plaintiffs are directed to file by 5/19/2022 an amended complaint setting forth the citizenship of each defendant fully and completely. Defendants are directed to cooperate with plaintiff's counsel in identifying the citizenship of the defendants. The status hearing set for 5/17/2022 will proceed as scheduled. (mk)
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Filing 11
STATUS Report by Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Hanc & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC (Walsh, Patrick)
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Filing 10
ATTORNEY Appearance for Defendants NXT LVL Services, LLC, One Up, LLC, Upgraded Lifestyle, LLC, Michael Walding by Kevin Michael O'Hagan (O'Hagan, Kevin)
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Filing 9
ATTORNEY Appearance for Defendants NXT LVL Services, LLC, One Up, LLC, Upgraded Lifestyle, LLC, Michael Walding by Matthew Edward Szwajkowski (Szwajkowski, Matthew)
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Filing 8
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 9:20 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)
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Filing 7
WAIVER OF SERVICE returned executed by Hanc & Brubaker Holdings for all Defendants. (Walsh, Patrick) Modified on 4/6/2022 (jn, ).
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Filing 6
REQUEST for Waiver of Service sent to Michael Walding on 03/25/2022 by Plaintiffs Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Han & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC, Parkcam, LLC, Redstone Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC. Waiver of service due by 4/26/2022. (Walsh, Patrick)
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Filing 5
REQUEST for Waiver of Service sent to One Up, LLC on 03/25/2022 by Plaintiffs Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Han & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC, Parkcam, LLC, Redstone Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC. Waiver of service due by 4/26/2022. (Walsh, Patrick)
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Filing 4
REQUEST for Waiver of Service sent to Upgraded Lifestyle LLC on 03/25/2022 by Plaintiffs Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Han & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC, Parkcam, LLC, Redstone Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC. Waiver of service due by 4/26/2022. (Walsh, Patrick)
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Filing 3
REQUEST for Waiver of Service sent to NXT LVL Services LLC on 03/25/2022 by Plaintiffs Algon Ecom, LLC, Ecom Dynamics, LLC, Elevations In Ecom, LLC, Han & Brubaker Holdings, Hanc Holdings, Level Set Ecom, LLC, Parkcam, LLC, Redstone Ecom, LLC, Srune Ecom, LLC, Stelb Ecom, LLC. Waiver of service due by 4/26/2022. (Walsh, Patrick)
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (ey, )
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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. (ey, )
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Filing 2
CIVIL Cover Sheet (Walsh, Patrick)
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Filing 1
COMPLAINT Hanc & Brubaker et al. filed by Level Set Ecom, LLC, Algon Ecom, LLC, Srune Ecom, LLC, Redstone Ecom, LLC, Hanc Holdings, Stelb Ecom, LLC, Ecom Dynamics, LLC, Han & Brubaker Holdings, Parkcam, LLC, Elevations In Ecom, LLC ; Jury Demand. Filing fee $ 402, receipt number 0752-19275833. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Walsh, Patrick)
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