Coyote Logistics, LLC v. Bee World Inc.
| Coyote Logistics, LLC |
| BEE WORLD, INC. d/b/a SUNRISE LOGISTICS and Bee World Inc. doing business as Sunrise Logistics |
| 1:2023cv00087 |
| January 6, 2023 |
| US District Court for the Northern District of Illinois |
| Ronald A Guzman |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 19 MINUTE entry before the Honorable Ronald A. Guzman: Defendant's motion for an extension of time to answer or otherwise plead #15 is granted. Defendant shall file its responsive pleading on or before March 24, 2023. The parties are directed to confer no later than 3/24/2023 to discuss the nature and bases of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, and they shall also discuss deadlines for any Rule 26(a)(1) disclosures that have not already been exchanged and a proposed discovery plan. Plaintiff is responsible for initiating such a conference, and all lead counsel for all parties must participate. In lieu of an initial status hearing, the parties shall file a joint written initial status report and proposed discovery plan by 3/31/2023. Failure or refusal to participate in such a conference or to cooperate in the preparation of the written report may constitute a basis for sanctions. After the Court receives the parties' report, it will issue an order setting a discovery schedule, if appropriate. The parties are advised that the Court generally does not delay discovery based on pending motions to dismiss. Mailed notice. (kp, ) |
| Filing 18 ATTORNEY Appearance for Defendant Bee World Inc. by Kevin Robert O'Neill (O'Neill, Kevin) |
| Filing 17 ATTORNEY Appearance for Defendant Bee World Inc. by Christopher A Wadley (Wadley, Christopher) |
| Filing 16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bee World Inc. d/b/a Sunrise Logisitcs (Noyes, Joyce) |
| Filing 15 MOTION by Defendant Bee World Inc. for extension of time to file answer (UNOPPOSED) (Noyes, Joyce) |
| Filing 14 ATTORNEY Appearance for Defendant Bee World Inc. by Joyce F. Noyes (Noyes, Joyce) |
| Filing 13 MINUTE entry before the Honorable Ronald A. Guzman: The parties are directed to confer no later than 3/6/2023 to discuss the nature and bases of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, and they shall also discuss deadlines for any Rule 26(a)(1) disclosures that have not already been exchanged and a proposed discovery plan. Plaintiff is responsible for initiating such a conference, and all lead counsel for all parties must participate. In lieu of an initial status hearing, the parties shall file a joint written initial status report and proposed discovery plan by 3/13/2023. Failure or refusal to participate in such a conference or to cooperate in the preparation of the written report may constitute a basis for sanctions. After the Court receives the parties' report, it will issue an order setting a discovery schedule if appropriate. The parties are advised that the Court generally does not delay discovery based on pending motions to dismiss. Mailed notice. (kp, ) |
| Filing 12 SUMMONS Returned Executed by Coyote Logistics, LLC as to Bee World Inc. on 2/3/2023, answer due 2/24/2023. (Orleans, Jason) |
| Filing 11 MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed Plaintiff's third jurisdictional supplement and finds that Plaintiff has adequately alleged diversity jurisdiction. Mailed notice. (kp, ) |
| Filing 10 SUPPLEMENT to complaint #1 Third Jurisdictional Supplement (Orleans, Jason) |
| Filing 9 MINUTE entry before the Honorable Ronald A. Guzman: The Court has provided Plaintiff with two opportunities to supplement its jurisdictional allegations. The Court's second order regarding the issue stated: "'[A] corporation takes the citizenship of both its state of incorporation and the state in which it maintains its principal place of business.'" Am. Zurich Ins. Co. v. Caton Park Nursing Home, No. 21-C 4698, 2022 WL 1136579, at *1 (N.D. Ill. Apr. 18, 2022). Plaintiff's jurisdictional supplement states that it has only one member, Coyote Logistics Midco, Inc., which is a Delaware corporation. Plaintiff, however, does not identify the principal place of business for Coyote Logistics Midco, Inc." (Dkt. # 7.) The Court directed Plaintiff to file a second jurisdictional supplement. In response, Plaintiff filed a second supplement stating, in relevant part: "1. Plaintiff, Coyote Logistics, LLC, is incorporated in Delaware, with its principal place(s) of business is [sic] in Chicago, Illinois and Atlanta, Georgia. 2. The sole member of Coyote Logistics, LLC is Coyote Logistics Midco, Inc., a Delaware corporation. Defendant is a California corporation. Thus, the parties have complete diversity of citizenship." Plaintiff's supplement fails to identify the principal place of business for Coyote Logistics Midco, Inc., as the Court expressly directed Plaintiff to do. Plaintiff is given one final opportunity to identify the principal place of business for Coyote Logistics Midco, Inc. Plaintiff shall file a third supplemental jurisdictional statement no later than 1/13/23. Mailed notice. (kp, ) |
| Filing 8 SUPPLEMENT to complaint #1 Jurisdictional Statement (Orleans, Jason) |
| Filing 7 MINUTE entry before the Honorable Ronald A. Guzman: "[A] corporation takes the citizenship of both its state of incorporation and the state in which it maintains its principal place of business." Am. Zurich Ins. Co. v. Caton Park Nursing Home, No. 21-C 4698, 2022 WL 1136579, at *1 (N.D. Ill. Apr. 18, 2022). Plaintiff's jurisdictional supplement states that it has only one member, Coyote Logistics Midco, Inc., which is a Delaware corporation. Plaintiff, however, does not identify the principal place of business for Coyote Logistics Midco, Inc. Plaintiff shall file a second jurisdictional supplement no later than January 11, 2023. Mailed notice. (kp, ) |
| Filing 6 SUPPLEMENT to complaint #1 Plaintiff's Complaint (Orleans, Jason) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Coyote Logistics, LLC (Orleans, Jason) |
| Filing 4 MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's complaint fails to allege facts supporting diversity jurisdiction. 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). Plaintiff shall file a jurisdictional supplement no later than January 12, 2023. Mailed notice. (kp, ) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (smb, ) |
| SUMMONS Issued as to Defendant Bee World Inc. (lm, ) |
| 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. (smb, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Coyote Logistics, LLC by Nicky M Priovolos (Priovolos, Nicky) |
| Filing 2 ATTORNEY Appearance for Plaintiff Coyote Logistics, LLC by Jason Orleans (Orleans, Jason) |
| Filing 1 COMPLAINT filed by Coyote Logistics, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20211313. (Attachments: #1 Exhibit Exhibit 1, #2 Civil Cover Sheet Civil Cover Sheet)(Orleans, Jason) |
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