Martin v. Capital Brands, LLC et al
| Abria Martin |
| Capital Brands, LLC and Nutribullet, LLC |
| 1:2022cv03218 |
| June 21, 2022 |
| US District Court for the Northern District of Illinois |
| Ronald A Guzman |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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| Filing 5 MINUTE entry before the Honorable Ronald A. Guzman: This is a products-liability action filed in this court on the basis of diversity jurisdiction. The complaint is deficient with respect to the allegations concerning defendants' citizenships. Defendants, Capital Brands, LLC ("Capital") and Nutribullet, LLC ("Nutribullet"), are alleged to be limited liability companies ("LLCs"). Plaintiff sets forth the defendants' places of organization, principal places of business, and managers, but those allegations are jurisdictionally irrelevant for LLCs. The citizenship of an LLC is the citizenship of each of its members. Thomas v. Guardsmark, LLC, 487 F.3d 531, 533-34 (7th Cir. 2007). Plaintiff alleges that "at the time of plaintiff's injuries [in July 2020]," the sole member of Nutribullet was Capital, but she fails to properly trace the defendants' citizenships through all of their layers of members. Plaintiff alleges that, "at the time of plaintiff's injuries, Capital Brands, LLC's sole member was Call to Action, LLC," but fails to identify the members of Call to Action, LLC or their citizenships. In the following sentence, plaintiff merely alleges: "Its 'managers' were Lenny Sands and Colin Sapire." It is unclear to which entity the word "its" refers, and furthermore, simply identifying the "managers" of Call to Action, LLC is insufficient. The Court also notes that the relevant time of determining citizenship for diversity purposes is the "time the action is filed," so citizenship must be alleged as of the time plaintiff initiated this lawsuit, not as of the time plaintiff was injured. See, e.g., O'Connor v. LVI Glob., LLC, No. 2:21-CV-00374-JMS-DLP, 2021 WL 8533774, at *1 (S.D. Ind. Nov. 15, 2021). Accordingly, plaintiff is directed to file by 7/5/2022 a jurisdictional supplement to her complaint that identifies the defendants' citizenships as of the proper time and by the citizenships of all of their members, identifying the members, specifying the type of entity of each member, and tracing citizenship through however many layers of members there may be. It will not suffice to allege citizenship negatively or state that none of defendants' members have the same citizenship as plaintiff. Id. at 534. If nothing is filed by the above date, or if the supplement still does not properly set out the parties' citizenships, this action may be dismissed for want of subject-matter jurisdiction. Mailed notice. (kp, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Abria Martin by Loren Michael Legorreta (Legorreta, Loren) |
| Filing 3 ATTORNEY Appearance for Plaintiff Abria Martin by Timothy S. Tomasik (Tomasik, Timothy) |
| Filing 2 CIVIL Cover Sheet (Tomasik, Timothy) |
| Filing 1 COMPLAINT filed by Abria Martin; Jury Demand. Filing fee $ 402, receipt number AILNDC-19578411.(Tomasik, Timothy) |
| SUMMONS Issued as to Defendants Capital Brands, LLC, Nutribullet, LLC (emc, ) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (emc, ) |
| 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. (emc, ) |
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