Feldco Factory Direct, LLC v. Valley Wide Exteriors, LLC et al
| FFD National, LLC; Feldco Factory Direct, LLC and Feldco Factory Direct, LLC |
| Valley Wide Exteriors, LLC, Casey Davis and Aria Dermerath |
| 1:2022cv03769 |
| July 21, 2022 |
| US District Court for the Northern District of Illinois |
| Rebecca R Pallmeyer |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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Filing 19
ORDER: Pursuant to the Parties' Agreement, the Court enters the following briefing schedule in connection with Defendants' Motion to Dismiss All Defendants Pursuant to Fed. R. Civ. P. 12(b)(2) and to Dismiss Valley Wide Exteriors, LLC Pursuant to FED. R. CIV. P. 12(b)(6) (ECF No. 16):(1) Plaintiffs shall file their response to the Motion on or before October 17, 2022; and (2) Defendants shall file their reply in support of the Motion on or before November 4, 2022. Signed by the Honorable Rebecca R. Pallmeyer on 9/16/2022. Mailed notice. (cp, )
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| Filing 18 CERTIFICATE Certificate of Service (DeGrand, Luke) |
| Filing 17 MEMORANDUM Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, #16 by Casey Davis, Aria Dermerath, Valley Wide Exteriors, LLC Memorandum in Support of Motion to Dismiss All Defendants Pursuant to Fed. R. Civ. P. 12(b)(2) and to Dismiss Valley Wide Exteriors, LLC Pursuant to Fed. R. Civ. P. 12(b)(6) (Attachments: #1 Declaration Declaration of Casey Davis, #2 Declaration Declaration of Aria Demerath)(DeGrand, Luke) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Aria Dermerath, Casey Davis, Valley Wide Exteriors, LLC (Valley Wide Exteriors), MOTION by Defendants Aria Dermerath, Casey Davis, Valley Wide Exteriors, LLC to dismiss for lack of jurisdiction (All Defendants) (DeGrand, Luke) |
| Filing 15 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendants' unopposed motion for extension of time #12 is granted. Defendants to file their answer or other pleading in response to plaintiff's complaint by 9/14/2022. Mailed notice. (cp, ) |
| Filing 14 ATTORNEY Appearance for Defendants Casey Davis, Aria Dermerath, Valley Wide Exteriors, LLC by Shane Brian Nichols (Nichols, Shane) |
| Filing 13 ATTORNEY Appearance for Defendants Casey Davis, Aria Dermerath, Valley Wide Exteriors, LLC by Nicholas C. Bart (Bart, Nicholas) |
| Filing 12 MOTION by Defendants Casey Davis, Aria Dermerath, Valley Wide Exteriors, LLC for extension of time Unopposed Motion for Extension of Time to Answer or Otherwise Plead (DeGrand, Luke) |
| Filing 11 ATTORNEY Appearance for Defendants Casey Davis, Aria Dermerath, Valley Wide Exteriors, LLC by Luke DeGrand (DeGrand, Luke) |
| Filing 10 NOTICE by Feldco Factory Direct, LLC (Attachments: #1 Affidavit)(Hirsch, Davi) |
| Filing 9 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court acknowledges receipt of the amended complaint and directs the parties to submit their Report of Planning Meeting on or before September 30, 2022. Mailed notice (mjc, ) |
| Filing 8 AMENDED amended complaint #7 Exhibits A, B and C to Amended Complaint (Hirsch, Davi) |
| Filing 7 AMENDED complaint by Feldco Factory Direct, LLC against All Defendants (Hirsch, Davi) |
| Filing 6 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiffs Feldco and FFD National are LLCs. The complaint does not adequately allege diversity jurisdiction because Plaintiffs have not identified their members and the citizenship/residency of those members. See Camico Mut. Ins. Co. v. Citizens Bank, 474 F.3d 989, 992 (7th Cir. 2007); Hukic v. Aurora Loan Serv., 588 F.3d 420, 429 (7th Cir. 2009). Absent the filing of an amended complaint that establishes this court's jurisdiction, within seven (7) days, this case will be dismissed without prejudice to re-filing in state court. Mailed notice (mjc, ) |
| SUMMONS Issued as to Defendants Casey Davis, Aria Dermerath, Valley Wide Exteriors, LLC (ak, ) |
| Filing 5 APPENDIX complaint #1 Corporate Disclosure Statement (Hirsch, Davi) |
| Filing 4 ATTORNEY Appearance for Plaintiff FFD National, LLC; Feldco Factory Direct, LLC by Davi Lynn Hirsch (Hirsch, Davi) |
| Filing 3 ATTORNEY Appearance for Plaintiff FFD National, LLC; Feldco Factory Direct, LLC by Joshua David Holleb (Holleb, Joshua) |
| Filing 2 CIVIL Cover Sheet (Holleb, Joshua) |
| Filing 1 COMPLAINT Complaint for Injunctive Relief and Other Relief filed by FFD National, LLC; Feldco Factory Direct, LLC; Filing fee $ 402, receipt number AILNDC-19669826. (Attachments: #1 Exhibit)(Holleb, Joshua) |
| 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, ) |
| CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (emc, ) |
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