Georgia Gaming Investment, LLC v. Chicago Title And Trust Company
| Georgia Gaming Investment, LLC |
| Chicago Title And Trust Company |
| 1:2022cv02328 |
| May 4, 2022 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 17 MINUTE entry before the Honorable John F. Kness: Before the Court is the motion to dismiss #15 of DDefendant Chicago Title And Trust Company. As is reflected in the Court's standing order on motions to dismiss, the parties are advised that, when a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Consistent with the purpose of the Federal Rules of Civil Procedure "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, Plaintiff is directed to review Defendant's motion to dismiss and to consider exercising, as appropriate, Plaintiff's right to amend under Rule 15(a)(1)(B). If Plaintiff elects to amend its pleading in response to the motion to dismiss, then Defendant (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss. If Plaintiff elects not to amend but instead chooses to litigate the motion to dismiss, Plaintiff (unless ordered otherwise) must file its response within 28 days of the filing of the motion, and Defendant must file its reply within 14 days of the filing of the response. In its response, Plaintiff must also address whether any alleged deficiencies identified by the motion to dismiss are curable by amendment. Mailed notice (ef, ) |
| Filing 16 MEMORANDUM by Chicago Title And Trust Company in support of Motion to Dismiss for Failure to State a Claim #15 (Baum, Charles) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Chicago Title And Trust Company (Baum, Charles) |
| Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chicago Title And Trust Company (Baum, Charles) |
| Filing 13 MINUTE entry before the Honorable John F. Kness: Defendants' Agreed Motions for extension of time #11 #12 are granted. Defendants must answer or otherwise plead to Plaintiff's complaint on or before 6/22/2022. Mailed notice (ef, ) |
| Filing 12 MOTION by Defendant Chicago Title And Trust Company for extension of time to file answer AGREED (Baum, Charles) |
| Filing 11 MOTION by Defendant Chicago Title And Trust Company for extension of time to amend Agreed (Baum, Charles) |
| Filing 10 ATTORNEY Appearance for Defendant Chicago Title And Trust Company by Charles Michael Baum (Baum, Charles) |
| Filing 9 SUMMONS Returned Executed by Georgia Gaming Investment, LLC as to Chicago Title And Trust Company on 5/11/2022, answer due 6/1/2022. (McJessy, Kevin) |
Filing 8
ORDER signed by the Honorable John F. Kness on 5/6/2022: Telephonic initial status hearing is set for 7/21/2022 at 9:50 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than seven days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, )
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| Filing 7 MINUTE entry before the Honorable John F. Kness: Based on Plaintiff's jurisdictional memorandum #6 , which identifies the citizenship of each of Plaintiff's members, the Court is satisfied that diversity jurisdiction exists in this case. Mailed notice (ef, ) |
| Filing 6 Jurisdictional Memorandum Pursuant to Order of May 5, 2022 by Georgia Gaming Investment, LLC (McJessy, Kevin) |
| Filing 5 MINUTE entry before the Honorable John F. Kness: Upon review of the complaint #1 , the Court orders the following jurisdictional inquiry. Plaintiff Georgia Gaming Investment, LLC premises subject matter jurisdiction on diversity of citizenship. Plaintiff alleges that it "is a Georgia limited liability company with its principal place of business" in Georgia. (Dkt. 1, para. 3.) Plaintiff alleges that Defendant Chicago Title "is a corporation organized and existing under the laws of the State of Illinois with its principal place of business in Chicago, Illinois." (Id., para. 4.) But Plaintiffan LLCdoes not identify its members. Unlike a corporation, an LLC's citizenship for purposes of diversity jurisdiction consists of the citizenship of each of the LLC's member shareholders. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006); Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691, 692 (7th Cir. 2003) (LLCs are not treated like corporations for diversity jurisdiction purposes but rather are analogized to partnerships; "limited liability companies are citizens of every state of which any member is a citizen"). Because the complaint does not identify the membership of Georgia Gaming, the Court orders Plaintiff to file a brief jurisdictional memorandum stating, based on the facts of which Plaintiff is aware, the specific identities and citizenship of each of Plaintiff's individual members. Plaintiff must file its jurisdictional memorandum within three weeks of entry of this order. Mailed notice (ef, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Georgia Gaming Investment, LLC (McJessy, Kevin) |
| Filing 3 ATTORNEY Appearance for Plaintiff Georgia Gaming Investment, LLC by Kevin Patrick McJessy (McJessy, Kevin) |
| Filing 2 CIVIL Cover Sheet (McJessy, Kevin) |
| Filing 1 COMPLAINT filed by Georgia Gaming Investment, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19425579.(McJessy, Kevin) |
| 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, ) |
| SUMMONS Issued as to Defendant Chicago Title And Trust Company (ey, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ey, ) |
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| Plaintiff: Georgia Gaming Investment, LLC | |
| Represented By: | Kevin Patrick McJessy |
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| Defendant: Chicago Title And Trust Company | |
| Represented By: | Charles Michael Baum |
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