Brown v. Zamora Company USA, LLC
| Tony Brown |
| Zamora Company USA, LLC |
| 1:2022cv02703 |
| May 22, 2022 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Other Fraud |
| 28 U.S.C. ยง 1332 Diversity-Fraud |
| Both |
Docket Report
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| Filing 8 MINUTE entry before the Honorable Joan B. Gottschall: Pursuant to the plaintiff's notice of voluntary dismissal #7 , this case is dismissed with prejudice. The parties shall bear their own costs and fees. Civil case terminated. Mailed notice (mjc, ) |
| Filing 7 NOTICE of Voluntary Dismissal by Tony Brown (Sheehan, Spencer) |
Filing 6
ORDER: An initial status report and, if appropriate, case management plan is due on or before August 10, 2022. In conformity with General Order 21-0027 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing and for requirements for status reports and discovery plans during the COVID-19 pandemic. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 6/7/2022. Mailed notice(mjc, )
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| Filing 5 First AMENDED complaint by Tony Brown against Zamora Company USA, LLC (Sheehan, Spencer) |
| Filing 4 MINUTE entry before the Honorable Joan B. Gottschall: For purposes of diversity jurisdiction conferred by the Class Action Fairness Act, 28 U.S.C. 1332(d), plaintiff's complaint pleads the citizenship of defendant as follows: "Defendant Zamora Company USA, LLC is a Delaware limited liability company with a principal place of business in Dallas, Dallas County, Texas.... Upon information and belief, at least one member of Defendant is a citizen of a state different than Plaintiff." The Seventh Circuit has held that, since "the citizenship of an LLC is the citizenship of each of its members," the party invoking diversity jurisdiction "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, 533, 534 (7th Cir. 2007); see also Qin v. Deslongchamps, 31 F.4th 576, 579 (7th Cir. 2022). Also, allegations of a party's citizenship made upon information and belief do not suffice without more to establish diversity jurisdiction. See Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1073 (7th Cir. 1992) (per curiam); see also Med. Assur. Co. v. Hellman, 610 F.3d 371, 376 (7th Cir. 2010). Federal courts must raise questions of their subject matter jurisdiction on their own motion. E.g., Steel Co. v. Citizens for a Better Env't, 523 U.S. 83, 92 (1998). Accordingly, plaintiff is given until and including 6/7/2022 to file an amended complaint alleging adequately defendant's citizenship and this court's subject matter jurisdiction. Mailed notice (mjc, ) |
| SUMMONS Issued as to Defendant Zamora Company USA, LLC (jxj, ) |
| 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. (sxh, ) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Sunil H. Harjani. Case assignment: Random assignment. (sxh, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Tony Brown by Spencer Sheehan (Sheehan, Spencer) |
| Filing 2 CIVIL Cover Sheet (Sheehan, Spencer) |
| Filing 1 COMPLAINT filed by Tony Brown; Jury Demand. Filing fee $ 402, receipt number AILNDC-19490376.(Sheehan, Spencer) |
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| Plaintiff: Tony Brown | |
| Represented By: | Spencer Sheehan |
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| Defendant: Zamora Company USA, LLC | |
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