APCA Aviation Service Ltd. et al v. Halley et al
| APCA AVIATION SERVICE LTD., AIR CARGO TRADER LLC and James Broucek |
| Edward Halley, CHICAGO EXPRESS AIRLINES LLC, OCG AVIATION INC and OCG Aviation, Inc. |
| 1:2022cv04319 |
| August 16, 2022 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 13, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 WAIVER OF SERVICE returned executed by James Broucek. James Broucek waiver sent on 9/29/2022, answer due 11/28/2022. (Keating, Patrick) |
| Filing 19 ATTORNEY Appearance for Defendants Chicago Express Airlines LLC, Edward Halley by Anthony M. DeLongis (DeLongis, Anthony) |
| Filing 18 MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' response to Defendants' motion to dismiss #17 is due 10/31/22Defendants' reply is due 11/21/22. The court will rule by mail. Mailed notice. (dm, ) |
| Filing 17 MOTION by Defendants Chicago Express Airlines LLC, Edward Halley to dismiss for lack of jurisdiction and for failure to state a claim (Sanguinetti, Raymond) |
| Filing 16 MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed Plaintiffs' jurisdictional supplement #13 , which directs the Court to their amended complaint #12 . When "a plaintiff files a complaint in federal court and then voluntarily amends the complaint, courts look to the amended complaint to determine jurisdiction." Rockwell Int'l Corp. v. United States, 549 U.S. 457, 47374 (2007). The amended complaint establishes, at least for pleading purposes, that this Court may properly exercise jurisdiction over this matter. This dispute is between (1) citizens of two foreign states; and (2) three citizens of Illinois; and the amount in controversy exceeds $13 million. See 28 U.S.C. 1332(a)(2). In light of the amended complaint, Plaintiffs have complied with this Court's order #9 directing them to file a jurisdictional supplement. Mailed notice. (dm, ) |
| Filing 15 MINUTE entry before the Honorable Mary M. Rowland: On or before 10/31/22, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (dm, ) |
| Filing 14 MINUTE entry before the Honorable Mary M. Rowland: Defendants Chicago Express Airlines LLC and Edward Halley's motion for an extension of time to answer or otherwise plead #11 is granted. Defendants shall file responsive pleading by 9/30/22. Mailed notice. (dm, ) |
| Filing 13 SUPPLEMENT to amended complaint #12 JURISDICTIONAL SUPPLEMENT (Rahman, Jay) |
| Filing 12 FIRST AMENDED complaint by APCA Aviation Service Ltd., Air Cargo Trader LLC against James Broucek, Chicago Express Airlines LLC, Edward Halley and terminating OCG Aviation, Inc. (Rahman, Jay) |
| Filing 11 MOTION by Defendants Chicago Express Airlines LLC, Edward Halley for extension of time to file answer regarding complaint #1 , summons returned executed #8 (Sanguinetti, Raymond) |
| Filing 10 ATTORNEY Appearance for Defendants Chicago Express Airlines LLC, Edward Halley by Raymond J. Sanguinetti (Sanguinetti, Raymond) |
| Filing 9 MINUTE entry before the Honorable Mary M. Rowland: In light of Plaintiffs' invocation of diversity as the basis for this Court's jurisdiction #1 , on or before 9/9/22, Plaintiffs shall file a jurisdictional supplement, as a separate docket entry. The current jurisdictional allegations are insufficient to establish diversity jurisdiction. Plaintiffs are reminded that because "the citizenship of an LLC is the citizenship of each of its members," when a party is organized as an LLC, the jurisdictional statement to the court "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 (7th Cir. 2007). Therefore, Plaintiffs' jurisdictional supplement must identify the members of Plaintiff Air Cargo Trader LLC and Defendant Chicago Express Airlines, LLC, and state the citizenships of those members, bearing in mind that "allegations of "negative citizenship" are insufficient. See Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018). More problematically, as currently pled, Plaintiffs assert that diversity exists because this is a dispute between: (1) citizens of two foreign states, China and the United Arab Emirates; and (2) three citizens of Illinois and one citizen of a foreign state, Canada. #1 at 3. But "diversity jurisdiction does not extend to a suit in which there is a U.S. citizen on only one side of the suit and foreign parties on both sides." Extra Equipamentos E Exportacao Ltda. v. Case Corp., 361 F.3d 359, 361 (7th Cir. 2004). Thus, if in the course of completing the jurisdictional supplement Plaintiffs determine that foreign parties are indeed on each side of the dispute, they should so state in their jurisdictional supplement, and this Court will dismiss the case for lack of jurisdiction. Mailed notice. (dm, ) |
| Filing 8 SUMMONS Returned Executed by APCA Aviation Service Ltd. as to Edward Halley on 8/18/2022, answer due 9/8/2022. (Keating, Patrick) |
| SUMMONS Issued as to Defendants James Broucek, Chicago Express Airlines LLC, Edward Halley (smb, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff APCA Aviation Service Ltd. by Jay Rahman (Rahman, Jay) |
| Filing 6 ATTORNEY Appearance for Plaintiffs APCA Aviation Service Ltd., Air Cargo Trader LLC by Patrick John Keating (Keating, Patrick) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs and Fed R Civ P 7.1 Disclosure (Keating, Patrick) |
| Filing 4 CIVIL Cover Sheet (Keating, Patrick) |
Filing 3
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. APCA Aviation Service LTD is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (mbh, )
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Filing 2
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Global Parties is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (mbh, )
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| Filing 1 COMPLAINT (Verified) filed by AIR CARGO TRADER LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-19746593.(Keating, Patrick) |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (mbh, ) |
| 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. (mbh, ) |
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