Greenwood v. Five Guys Operations, LLC
| Jeremiah M. Greenwood |
| Five Guys Operations, LLC |
| 1:2022cv07169 |
| December 20, 2022 |
| US District Court for the Northern District of Illinois |
| Ronald A Guzman |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 33 MINUTE entry before the Honorable Ronald A. Guzman: In his response to Defendant's motion to compel arbitration, Plaintiff concedes that arbitration is appropriate and asks the Court to stay the case pending arbitration or, in the alternative, dismiss the case without prejudice. Given that the case was just filed and no substantive proceedings have occurred, the Court finds that dismissal without prejudice is the most appropriate manner of resolving this case while the parties proceed with arbitration. Accordingly, the case is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Civil case terminated. Mailed notice. (kp, ) |
| Filing 32 RESPONSE by Jeremiah M. Greenwood to MOTION by Defendant Five Guys Operations, LLC to compel Defendant Five Guys Operations, LLC's Motion to Compel Arbitration and Stay Plaintiff's Class Action Complaint #19 [Plaintiff does not oppose the relief sought by Defendant] (Vlahakis, James) |
| Filing 31 MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's second supplemental jurisdictional statement properly alleges diversity jurisdiction; accordingly, the Court reinstates briefing on Defendant's motion to compel arbitration #19 . Plaintiff's response is due April 10, 2023, and any reply is due April 24, 2023. Ruling to be made via electronic notification. Mailed notice. (kp, ) |
| Filing 30 MINUTE entry before the Honorable Ronald A. Guzman: Attorney Andrew L. Franklin's motion to withdraw as attorney for defendant Five Guys Operations, LLC #29 is granted. Mailed notice. (kp, ) |
| Filing 29 MOTION by Attorney Andrew L. Franklin to withdraw as attorney for Five Guys Operations, LLC. No party information provided (Franklin, Andrew) |
| Filing 28 PLAINTIFF'S SUPPLEMENTAL JURISDICTIONAL STATEMENT response to this Honorable Court's Minute Order dated March 8, 2023 (Dkt. 26) (this document is intended to replace ECF 27) STATEMENT by Jeremiah M. Greenwood (Vlahakis, James) |
| Filing 27 STATEMENT by Plaintiff Jeremiah M. Greenwoodin Support of MOTION by Defendant Five Guys Operations, LLC to compel Defendant Five Guys Operations, LLC's Motion to Compel Arbitration and Stay Plaintiff's Class Action Complaint #19 response to this Honorable Court's Minute Order dated March 8, 2023 (Dkt. 26) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Vlahakis, James) |
| Filing 26 MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's jurisdictional supplement states that Five Guys Operations, LLC "is a Delaware corporation and maintains its corporate office in Wilmington, Delaware." (Dkt. #23 , 2.) A limited liability company is not a corporation. The jurisdictional supplement also states that "Defendant's manager is Five Guys Holdings, Inc." (Dkt. #23 , 3.) As the Court noted in its initial jurisdictional order, the citizenship of an LLC is that of each of its "members," Synfuel Technologies, Inc. v. DHL Express (USA), Inc., 463 F.3d 646, 651 (7th Cir. 2006), not managers. Plaintiff fails to identify Five Guys Operations, LLC's member(s) and the citizenship of those members. No later than March 15, 2023, Plaintiff shall file a second jurisdictional supplement properly alleging diversity jurisdiction. If Plaintiff's second jurisdictional supplement fails to properly allege subject-matter jurisdiction, the Court will dismiss the case without prejudice. Mailed notice. (kp, ) |
| Filing 25 NOTICE by Erin Bolan Hines of Change of Address (Hines, Erin) |
| Filing 24 NOTICE by Melissa Anne Siebert of Change of Address (Siebert, Melissa) |
| Filing 23 RESPONSE by Plaintiff Jeremiah M. Greenwood to set deadlines,,,,,, #21 (Attachments: #1 Exhibit A - IL Sec. of State search results, #2 Exhibit B - Del. Dept. of State results, #3 Exhibit C - Def's Disclosure of Affliates, #4 Exhibit D - State of VA search results)(Vlahakis, James) |
| Filing 22 STATUS Report Joint Initial Status Report by Five Guys Operations, LLC (Hines, Erin) |
| Filing 21 MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff brings the instant case alleging violations of the Illinois Biometric Information Privacy Act. According to Plaintiff, the Court possesses diversity jurisdiction over this case. Plaintiff alleges that "he is a citizen of the State of Illinois and Defendant is a foreign corporation with its headquarters and principal place of business located outside the State of Illinois." But the named Defendant in this case is Five Guys Operations, LLC. A limited liability company's citizenship for purposes of diversity jurisdiction "is the citizenship of each of its members." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Accordingly, the "name and citizenship of each member of a limited liability company must be identified to determine diversity jurisdiction." McCorker v. Second Round Sub, LLC, No. 2:22 CV 89, 2023 WL 121949, at *2 (N.D. Ind. Jan. 6, 2023) (citation omitted). "[T]his may need to be traced through multiple levels if any of [the LLC's] members is itself a partnership or LLC." Id. (citation omitted). Moreover, jurisdiction may not be pleaded in the negative by asserting that a party is not a citizen of a particular state or states. Peters v. AstraZeneca LP, 224 F. App'x 503, 505 (7th Cir. 2007). Plaintiff shall file a jurisdictional supplement properly alleging Defendant's citizenship on or before March 8, 2023. See Fed. R. Civ. P. 7.1(a)(2)(A). The briefing schedule on the motion to compel arbitration #20 is suspended pending confirmation that the Court has subject-matter jurisdiction over this case. Mailed notice. (kp, ) |
| Filing 20 MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's response to Defendant's motion to compel arbitration #19 is due March 17, 2023, and any reply is due March 31, 2023. Ruling to be made by electronic notification. Mailed notice. (kp, ) |
| Filing 19 MOTION by Defendant Five Guys Operations, LLC to compel Defendant Five Guys Operations, LLC's Motion to Compel Arbitration and Stay Plaintiff's Class Action Complaint (Attachments: #1 Exhibit A (Roberts Declaration))(Hines, Erin) |
| Filing 18 MINUTE entry before the Honorable Ronald A. Guzman: Defendant's unopposed motion to extend the deadline for filing its responsive pleading #17 is granted. Defendant's responsive pleading is due on or before February 24, 2023. Defendant's additional request that the Court extend the deadline for filing the initial status report is granted. The parties' initial status report and proposed discovery schedule shall be filed March 3, 2023. Both of these dates are final extensions. Mailed notice. (kp, ) |
| Filing 17 MOTION by Defendant Five Guys Operations, LLC for extension of time Defendant's Unopposed Motion for Extension of Time (Hines, Erin) |
| Filing 16 MINUTE entry before the Honorable Ronald A. Guzman: Attorneys Amy L. Lenz; Bonnie K. DelGobbo and Joel C. Griswold's motion to withdraw as attorney on behalf of Defendant Five Guys Operations LLC #15 is granted. Mailed notice. (kp, ) |
| Filing 15 MOTION by Attorney Bonnie Keane DelGobbo, Amy Lenz, Joel Griswold to withdraw as attorney for Five Guys Operations, LLC. No party information provided (DelGobbo, Bonnie) |
| Filing 14 ATTORNEY Appearance for Defendant Five Guys Operations, LLC by Andrew Lloyd Franklin (Franklin, Andrew) |
| Filing 13 ATTORNEY Appearance for Defendant Five Guys Operations, LLC by Erin Bolan Hines (Hines, Erin) |
| Filing 12 ATTORNEY Appearance for Defendant Five Guys Operations, LLC by Melissa Anne Siebert (Siebert, Melissa) |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Five Guys Operations, LLC (DelGobbo, Bonnie) |
| Filing 10 ATTORNEY Appearance for Defendant Five Guys Operations, LLC by Joel C Griswold (Griswold, Joel) |
| Filing 9 MINUTE entry before the Honorable Ronald A. Guzman: Defendant's motion for an extension of time to answer or otherwise plead #7 is granted. Defendant shall file a responsive pleading by February 10, 2023. The Court directs the parties to confer no later than February 8, 2023 to discuss the nature and bases of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. The parties shall also discuss deadlines for Rule 26(a)(1) disclosures and a proposed discovery plan. Plaintiff is responsible for initiating such a meeting, and all lead counsel for all parties are required to participate. In lieu of an initial status hearing, a written initial status report and proposed discovery plan shall be filed no later than February 15, 2023. The Court will thereafter issue an order setting a discovery schedule. The parties are admonished that the Court rarely suspends discovery for a pending motion to dismiss. A party's failure or refusal to participate in the scheduling meeting or to cooperate in the preparation of the written report may constitute a basis for sanctions. Mailed notice. (kp, ) |
| Filing 8 ATTORNEY Appearance for Defendant Five Guys Operations, LLC by Amy Lynn Lenz (Lenz, Amy) |
| Filing 7 MOTION by Defendant Five Guys Operations, LLC for extension of time to file answer regarding complaint #1 (DelGobbo, Bonnie) |
| Filing 6 ATTORNEY Appearance for Defendant Five Guys Operations, LLC by Bonnie Keane DelGobbo (DelGobbo, Bonnie) |
| Filing 5 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 4 SUMMONS Returned Executed by Jeremiah M. Greenwood as to Five Guys Operations, LLC on 12/21/2022, answer due 1/11/2023. (Vlahakis, James) |
| SUMMONS Issued as to Defendant Five Guys Operations, LLC (khg, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Jeremiah M. Greenwood by James C. Vlahakis (Vlahakis, James) |
| Filing 2 CIVIL Cover Sheet (Vlahakis, James) |
| Filing 1 COMPLAINT filed by Jeremiah M. Greenwood; Jury Demand. Filing fee $ 402, receipt number AILNDC-20159753.(Vlahakis, James) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (jk2, ) |
| 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. (jk2, ) |
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