Advance Business Capital LLC v. United Transport, LLC et al
| Advance Business Capital LLC d/b/a Triumph Business Capital and Advance Business Capital LLC doing business as Triumph Business Capital |
| United Transport, LLC, Prime Line Transport, Inc., Yahya Alshloul, Individually, Zakaria M. Alshloul, United Transport, Inc. and Yahya Alshloul |
| 1:2022cv06508 |
| November 21, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Document Text |
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| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Advance Business Capital LLC (Borst, Vincent) |
| Filing 7 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 6 MINUTE entry before the Honorable John J. Tharp, Jr: In accordance with the amended complaint #5 , the Clerk is directed to update the case caption by replacing "United Transport, LLC" with "United Transport, Inc." Mailed notice (air, ) |
| Filing 5 AMENDED complaint by Advance Business Capital LLC against All Defendants (Borst, Vincent) |
| SUMMONS Issued as to Defendants Yahya Alshloul, Zakaria M. Alshloul, Prime Line Transport, Inc., United Transport, LLC (smb, ) |
| Filing 4 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(a); however, it does not adequately allege defendant United Transport, LLC's citizenship. The citizenship of an LLC is the citizenship of each of its members; therefore, "an LLC's jurisdictional statement must identify the citizenship of each of its members...." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). The complaint does allege "upon information and belief" that Prime Line Transport, Inc. is "the alter ego of United," but such allegation does not necessarily foreclose additional United membership. Plaintiffs may also not rely solely "on information and belief" in order to establish diversity jurisdiction. Qin v. Deslongchamps, 31 F.4th 576, 57881 (7th Cir. 2022). Accordingly, the plaintiff is granted leave to amend to address this issue by 12/13/2022. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Advance Business Capital LLC d/b/a Triumph Business Capital by Vincent Thomas Borst (Borst, Vincent) |
| Filing 2 CIVIL Cover Sheet (Borst, Vincent) |
| Filing 1 COMPLAINT filed by Advance Business Capital LLC d/b/a Triumph Business Capital; Filing fee $ 402, receipt number AILNDC-20066681.(Borst, Vincent) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. 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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