Whitcomb v. Weisman Holding Corporation et al
| James Whitcomb |
| Weisman Holding Corporation, Homewood Holding Company, LLC, Homewood 2nd Site Holding Company, LLC, Posen Dispensary Holding Company, LLC, Posen 2nd Site Holding Company, LLC, Compass Dispensary Holdings, LLC, WCCC, LLC and Compass Dispensary Management, LLC |
| 1:2022cv03389 |
| June 28, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Other Statutes: Arbitration |
| 28 U.S.C. ยง 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the plaintiff's notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #9 , this matter is concluded. All future dates and deadlines are stricken; all pending motions are denied as moot. Civil case terminated. Mailed notice (air, ) |
| Filing 9 NOTICE of Voluntary Dismissal by James Whitcomb (Aguiar, Lauren) |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the complaint, it fails to adequately plead subject matter jurisdiction. The complaint asserts jurisdiction pursuant to 28 U.S.C. 1332; however, it does not expressly allege the plaintiff's citizenship. "An allegation of residence is inadequate." McMahon v. Bunn-O-Matic Corp., 150 F.3d 651, 653 (7th Cir. 1998). As for defendants WCCC, LLC and Compass Dispensary Management, LLC, bare assertions that the defendants' members are citizens of another state different from the plaintiff are insufficient. Dancel v. Groupon, Inc., 940 F.3d 381, 385 (7th Cir. 2019). Allegations of negative citizenship fail to satisfy the diversity requirement. Id. In compliance with Fed. R. Civ. P. 8 and in order to establish diversity jurisdiction, a complaint must plead with reasonable certainty the citizenship of all the members of an LLC, and plaintiffs may not rely solely "on information and belief" nor on pre-suit jurisdictional discovery to ascertain facts necessary to bringing the suit. Qin v. Deslongchamps, 31 F.4th 576, 57881 (7th Cir. 2022). Accordingly, the plaintiff is granted leave to amend to address these issues by 07/15/2022. Mailed notice (air, ) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Lauren Aguiar's motion for leave to appear pro hac vice #6 is granted. Counsel is directed to file her appearance on behalf of the plaintiff. Mailed notice (air, ) |
| SUMMONS Issued as to Defendants Compass Dispensary Holdings, LLC, Compass Dispensary Management, LLC, Homewood 2nd Site Holding Company, LLC, Homewood Holding Company, LLC, Posen 2nd Site Holding Company, LLC, Posen Dispensary Holding Company, LLC, WCCC, LLC, Weisman Holding Corporation (jxj, ) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19609215. (Aguiar, Lauren) |
| 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. (kra, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (kra, ) |
| Filing 5 MEMORANDUM by James Whitcomb in support of motion for preliminary injunction #4 (Van Gelder, Amy) |
| Filing 4 MOTION by Plaintiff James Whitcomb for preliminary injunction (Van Gelder, Amy) |
| Filing 3 ATTORNEY Appearance for Plaintiff James Whitcomb by Amy Lynn Van Gelder (Van Gelder, Amy) |
| Filing 2 CIVIL Cover Sheet (Van Gelder, Amy) |
| Filing 1 COMPLAINT filed by James Whitcomb; Filing fee $ 402, receipt number AILNDC-19604319. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Van Gelder, Amy) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
