Corban Capital Partners, LLC v. Corban Kauai Chicago Lender, LLC et al
| Corban Capital Partners, LLC |
| Corban Kauai Chicago Lender, LLC, INTERISLAND WAIPOULI RESORT, LLC,, MAKAIWA RESORT COMPANY, LLC,, Heller Mitch and Smith Lawrence |
| 1:2023cv00157 |
| January 11, 2023 |
| US District Court for the Northern District of Illinois |
| Harry D Leinenweber |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on January 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 ENTERED JUDGMENT. Signed by the Honorable Harry D. Leinenweber on 1/17/2023:Mailed notice (maf) |
| Filing 8 MINUTE entry before the Honorable Harry D. Leinenweber:Telephonic status hearing held. Cause is dismissed for lack offederal jurisdiction as set forth on the record. Civil case terminated. Mailed notice (maf) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff having failed to file an amended complaint adequately alleging a basis for this Court to exercise subject matter jurisdiction over this case, and pursuant to the Court's prior order #6 , the complaint is dismissed without prejudice and the TRO motion #3 is denied as moot in light of that dismissal. This order does not terminate the case or the status hearing set before Judge Leinenweber on 1/17/23; this Court leaves to Judge Leinenweber the determination of whether to extend the period in which Plaintiff may file an amended complaint addressing the deficiencies in the jurisdictional allegations. Mailed notice (air, ) |
| Filing 6 MINUTE entry before the Honorable John J. Tharp, Jr:Motion hearing held before Judge Tharp in his capacity as Emergency Judge. Plaintiff Corban Capital Partners, LLC's motion for temporary restraining order #3 remains pending. The complaint in this action fails to adequately allege subject matter jurisdiction. The complaint fails to allege any citizenship of the two individual defendants and improperly alleges the citizenship of the three LLC defendants. For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members. Camico Mut. Ins. Co. v. Citizens Bank, 474 F.3d 989, 992 (7th Cir.2007). Consequently, jurisdictional allegations founded on diversity of citizenship must identify the citizenship of each of any party-LLCs' members as of the date the complaint was filed, and, if those members have members, the citizenship of those members as well. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Absent adequate allegations to establish subject matter jurisdiction, this Court is unable to entertain any request for preliminary injunctive relief. Plaintiff has leave to file by 4:00 p.m. an amended complaint that establishes the Court's subject matter jurisdiction. Upon filing of a complaint that adequately establishes the Court's jurisdiction, the Court will reconvene the hearing on the TRO motion. Failure to timely file an amended complaint will result in denial of the TRO motion and dismissal of the complaint without prejudice. Mailed notice (air, ) |
| Filing 5 MINUTE entry before the Honorable John J. Tharp, Jr:At the request of Plaintiff, a hearing on Plaintiff's Motion for Temporary Restraining Order #3 will be held on 1/13/2023 at 10:00 a.m. For instructions regarding participation in, or access to, the telephone hearing, see the standing order on telephone hearings on Judge Tharp's web page (https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==). Mailed notice (air, ) |
| Filing 4 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 1/17/23 at 9:00 a.m. re: MOTION by Plaintiff Corban Capital Partners, LLC for temporary restraining order #3 . Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Mailed notice (maf) |
| Filing 3 MOTION by Plaintiff Corban Capital Partners, LLC for temporary restraining order (Attachments: #1 Declaration Kraig Danielson)(Sarathy, Laxmi) |
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. Corban Capital Partners, LLC is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (lm, )
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| Filing 1 COMPLAINT filed by Corban Capital Partners, LLC; Filing fee $ 402, receipt number AILNDC-20225261. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sarathy, Laxmi) |
| CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (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. (lm, ) |
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