Nikolovski et al v. Costco Travel, a division of Costco Wholesale Membership, Inc. et al
| Zoran Nikolovski and Aleksandra Kirovska |
| Costco Travel, a division of Costco Wholesale Membership, Inc., Marriott International, Inc., Sunwing Travel Group, Blue Diamond Hotels and Resorts, Inc., Royalton Luxury Resorts, Royalton Hotel Antigua and Royalton Antigua Resort & Casino doing business as Royalton Hotel Anitigua |
| 1:2022cv06741 |
| December 1, 2022 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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| Document Text |
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| Filing 33 SUMMONS Returned Executed by Aleksandra Kirovska, Zoran Nikolovski as to Costco Travel, a division of Costco Wholesale Membership, Inc. on 1/9/2023, answer due 1/30/2023. (Devitt, Donald) |
| Filing 32 AFFIDAVIT of Service filed by Defendant Sunwing Travel Group regarding Alias Summons served on Randa Abushawar for Defendant Sunwing Travel Group on 12/22/2022, SUMMONS Returned Executed by Aleksandra Kirovska, Zoran Nikolovski as to Sunwing Travel Group on 12/22/2022, answer due 1/12/2023. (Devitt, Donald) |
| Filing 31 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 3/9/2023. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 30 ATTORNEY Appearance for Defendant Costco Travel, a division of Costco Wholesale Membership, Inc. by John William Patton, Jr (Patton, John) |
| Filing 29 ATTORNEY Appearance for Defendant Costco Travel, a division of Costco Wholesale Membership, Inc. by Thomas Everett Soule (Soule, Thomas) |
| Filing 28 ATTORNEY Appearance for Defendant Costco Travel, a division of Costco Wholesale Membership, Inc. by Stephen Gerald Koo Luehrs (Luehrs, Stephen) |
| Filing 27 MINUTE entry before the Honorable John J. Tharp, Jr:Defendants Marriot International, Sunwing Travel Group, Blue Diamond Hotels and Resorts, and Aurora Vorealis Limited's motion for an extension of time to respond to the complaint #22 is granted. Defendants' response to plaintiffs' complaint is due by 2/23/2023. Mailed notice (air, ) |
| Filing 26 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Marriott International, Inc. (Schuchardt, Margaret) |
| Filing 25 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sunwing Travel Group (Schuchardt, Margaret) |
| Filing 24 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Royalton Antigua Resort & Casino (Schuchardt, Margaret) |
| Filing 23 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Blue Diamond Hotels and Resorts, Inc. (Schuchardt, Margaret) |
| Filing 22 MOTION by Defendants Blue Diamond Hotels and Resorts, Inc., Marriott International, Inc., Royalton Antigua Resort & Casino, Sunwing Travel Group for extension of time to Respond to Amended Complaint (Jaszczuk, Martin) |
| Filing 21 ATTORNEY Appearance for Defendant Sunwing Travel Group by Margaret Marcia Schuchardt (Schuchardt, Margaret) |
| Filing 20 ATTORNEY Appearance for Defendant Royalton Antigua Resort & Casino by Margaret Marcia Schuchardt (Schuchardt, Margaret) |
| Filing 19 ATTORNEY Appearance for Defendant Marriott International, Inc. by Margaret Marcia Schuchardt (Schuchardt, Margaret) |
| Filing 18 ATTORNEY Appearance for Defendant Blue Diamond Hotels and Resorts, Inc. by Margaret Marcia Schuchardt (Schuchardt, Margaret) |
| Filing 17 ATTORNEY Appearance for Defendant Sunwing Travel Group by Martin Wojslaw Jaszczuk (Jaszczuk, Martin) |
| Filing 16 ATTORNEY Appearance for Defendant Royalton Antigua Resort & Casino by Martin Wojslaw Jaszczuk (Jaszczuk, Martin) |
| Filing 15 ATTORNEY Appearance for Defendant Marriott International, Inc. by Martin Wojslaw Jaszczuk (Jaszczuk, Martin) |
| Filing 14 ATTORNEY Appearance for Defendant Blue Diamond Hotels and Resorts, Inc. by Martin Wojslaw Jaszczuk (Jaszczuk, Martin) |
| ALIAS Summons Issued as to Defendant Costco Travel, a division of Costco Wholesale Membership, Inc.. (khg, ) |
| Filing 13 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 12 SUMMONS Returned Executed by Aleksandra Kirovska, Zoran Nikolovski as to Royalton Antigua Resort & Casino on 12/22/2022, answer due 1/12/2023. (Devitt, Donald) |
| Filing 11 SUMMONS Returned Executed by Aleksandra Kirovska, Zoran Nikolovski as to Blue Diamond Hotels and Resorts, Inc. on 12/22/2022, answer due 1/12/2023. (Devitt, Donald) |
| SUMMONS Issued as to Defendants Blue Diamond Hotels and Resorts, Inc., Royalton Hotel Antigua (mbh, ) |
Filing 10
ORDER Signed by the Honorable John J. Tharp, Jr on 12/20/2022. Mailed notice(air, )
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| Filing 9 MINUTE entry before the Honorable John J. Tharp, Jr:On the grounds set forth in the motion, plaintiffs' motion for alternative service via email pursuant to Rule 4(f)(3) #8 is granted. Enter Order. Mailed notice (air, ) |
| Filing 8 MOTION by Plaintiffs Aleksandra Kirovska, Zoran NikolovskiRule 4(f)(3) Motion for Email Service (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Devitt, Donald) |
| ALIAS Summons Issued as to Defendant Costco Travel, a division of Costco Wholesale Membership, Inc.. (emc, ) |
| ALIAS Summons Issued as to Defendant Marriott International, Inc.. (emc, ) |
| ALIAS Summons Issued as to Defendant Sunwing Travel Group. (emc, ) |
| Filing 7 AMENDED complaint by Zoran Nikolovski, Aleksandra Kirovska against Blue Diamond Hotels and Resorts, Inc., Costco Travel, a division of Costco Wholesale Membership, Inc., Marriott International, Inc., Royalton Hotel Antigua, Royalton Luxury Resorts, Sunwing Travel Group (Devitt, Donald) |
| Filing 6 MINUTE entry before the Honorable John J. Tharp, Jr: Plaintiffs are directed to file, by 12/16/2022, an amended complaint setting forth an adequate factual basis for its assertion of jurisdiction under 28 U.S.C. 1332. The complaint does not include sufficient information to assess the claims of citizenship of the plaintiffs and defendants Costco Travel, Royalton Luxury Resorts, and Royalton Hotel Antigua. Although the complaint indicates that the plaintiffs are residents of DuPage County, Illinois, an individual's citizenship is based on the state in which he or she is domiciled (which may differ from the state of residence). See generally Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). Further, a corporation is a citizen both of the state in which it is incorporated and the state in which its principal place of business is located. See Fellowes, Inc. v. Changzhou Xinrui Fellowes Off. Equip. Co., 759 F.3d 787, 788 (7th Cir. 2014). Plaintiffs do not allege facts that clearly indicate where Costco or Royal Hotel Antigua are incorporated or where Costco's principal place of business is located. Finally, "citizenship must be proven by underlying facts, not just alleged on information and belief." J.P. Morgan Sec. LLC v. Cresset Asset Mgmt., LLC, No. 1:21-CV-02497, 2021 WL 5918879, at *3 (N.D. Ill. Dec. 15, 2021). Plaintiffs may not rely on information and belief to allege the citizenship of Royalton Luxury Resorts. Mailed notice (air, ) |
| SUMMONS Issued as to Defendant Costco Travel, a division of Costco Wholesale Membership, Inc. (khg, ) |
| SUMMONS Issued as to Defendant Sunwing Travel Group (khg, ) |
| SUMMONS Issued as to Defendant Marriott International, Inc. (khg, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Aleksandra Kirovska, Zoran Nikolovski by Andrew Frank Marquis (Marquis, Andrew) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Aleksandra Kirovska, Zoran Nikolovski by Andrew Joseph Butcher (Butcher, Andrew) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Aleksandra Kirovska, Zoran Nikolovski by Donald W. Devitt (Devitt, Donald) |
| Filing 2 CIVIL Cover Sheet (Devitt, Donald) |
| Filing 1 COMPLAINT filed by Zoran Nikolovski, Aleksandra Kirovska; JURY DEMAND. Filing fee $ 402, receipt number AILNDC-20097904.(Devitt, Donald) |
| 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. (khg, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (khg, ) |
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