Briggs v. Strategic Financial Solutions, LLC et al
Julia Briggs |
Strategic Financial Solutions, LLC, Versara Lending, LLC and John Does 1-100 |
1:2022cv03705 |
July 18, 2022 |
US District Court for the Northern District of Illinois |
Edmond E Chang |
Other Fraud |
28 U.S.C. § 1332 Diversity-Fraud |
Both |
Docket Report
This docket was last retrieved on August 30, 2022. A more recent docket listing may be available from PACER.
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Filing 14 SUMMONS Returned Executed by Julia Briggs as to Strategic Financial Solutions, LLC on 8/30/2022, answer due 9/20/2022. (Malmstrom, Carl) |
Filing 13 MINUTE entry before the Honorable Edmond E. Chang: Defendant Versara's unopposed motion to extend time to answer or otherwise plead to Plaintiff's first amended complaint #10 is granted from 08/26/2022 to 09/26/2022. The joint status report is now due 09/30/2022. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. The tracking status hearing of 09/23/2022 is reset to 10/07/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
Filing 12 ATTORNEY Appearance for Defendant Versara Lending, LLC by Timothy D. Elliott (Elliott, Timothy) |
Filing 11 ATTORNEY Appearance for Defendant Versara Lending, LLC by Anthony M. DeLongis (DeLongis, Anthony) |
Filing 10 MOTION by Defendant Versara Lending, LLC for extension of time to answer or otherwise plead (Shupe, Emily) |
Filing 9 ATTORNEY Appearance for Defendant Versara Lending, LLC by Emily A. Shupe (Shupe, Emily) |
Filing 8 ATTORNEY Appearance for Defendant Versara Lending, LLC by Emily A. Shupe (Shupe, Emily) |
Filing 7 ATTORNEY Appearance for Defendant Versara Lending, LLC by Emily A. Shupe (Shupe, Emily) |
Filing 6 MINUTE entry before the Honorable Edmond E. Chang: On review of the First Amended Complaint, R. 5, it is still not clear what is the nature of the corporate structure for Defendant Strategic Financial Solutions, LLC. See R. 5, para. 22 (describing Strategic as a corporation but also stating that it has two members). In any event, at this point it is best to address this issue when the Defendants appear in the case. The answer deadline on the original complaint appears to have been 08/17/2022; in any event, the parties shall file the joint initial status report by 09/07/2022. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. The tracking status hearing of 08/19/2022 is reset to 09/23/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (Attachments: #1 Status Report Requirement) (mw, ) |
Filing 5 First AMENDED complaint by Julia Briggs against All Defendants (First Amended Class Action Complaint) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Malmstrom, Carl) |
Filing 4 SUMMONS Returned Executed by Julia Briggs as to Versara Lending, LLC on 7/27/2022, answer due 8/17/2022. (Malmstrom, Carl) |
Filing 3 MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint, the Court poses the following jurisdictional inquiry. The Plaintiff premises jurisdiction on diversity of citizenship, 28 U.S.C. 1332, and the Class Action Fairness Act. The complaint alleges that Defendant Strategic Financial Solutions LLC is a Nevada corporation headquartered in New York and that Defendant Versara LLC is a Delaware corporation with is principal place of business in New York. 22-23. But if, as their names suggest, the Defendants truly are LLCs, then this is an insufficient allegation of citizenship. The citizenship of an LLC is not like a corporation's; instead, an LLC is a citizen of every state where its **members** are citizens. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). It is true that, under CAFA, only minimal diversity is required, so almost surely CAFA jurisdiction is secure. But confirmation is needed. On or before 08/12/2022, the Plaintiff shall file either an amended complaint fixing the jurisdiction allegations or otherwise file a Jurisdictional Memorandum explaining why the current complaint sufficiently alleges jurisdiction. If an amended complaint is filed, then the pleading must specifically identify each member and its citizenship. See Meyerson v. Showboat Marina Casino P'ship, 312 F.3d 318, 321 (7th Cir. 2002); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) (ordering disclosure of each members' identities and citizenship). To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 08/19/2022 at 8:30 a.m. Emailed notice (mw, ) |
SUMMONS Issued as to Defendant Versara Lending, LLC (jxj, ) |
SUMMONS Issued as to Defendant Strategic Financial Solutions, LLC (dxb, ) |
Filing 2 ATTORNEY Appearance for Plaintiff Julia Briggs by Scott M. Priz (Priz, Scott) |
Filing 1 COMPLAINT (Class Action) filed by Julia Briggs; Jury Demand. Filing fee $ 402, receipt number AILNDC-19659344. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Malmstrom, Carl) |
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. (jxj, ) |
CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jxj, ) |
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