Big Easy Confections LLC v. Berlin Packaging LLC
| Big Easy Confections LLC |
| Berlin Packaging LLC |
| 1:2023cv00480 |
| January 25, 2023 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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| Filing 32 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has been attempting to identify the members of defendant, a limited liability company, and plead defendant's citizenship for diversity jurisdiction, see 28 U.S.C. 1332(a), purposes. Effective December 1, 2022, Federal Rule of Civil Procedure 7.1(a)(2) provides, "In an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a), a party or intervenor must, unless the court orders otherwise, file a disclosure statement. The statement must nameand identify the citizenship ofevery individual or entity whose citizenship is attributed to that party or intervenor... when any later event occurs that could affect the court's jurisdiction under 1332(a)." Fed. R. Civ. P. 7.1(a)(2)(B) (2022) (internal numbering omitted). Because defendant's citizenship is at issue, defendant is directed to file the disclosure statement required by Rule 7.1(a)(2) on or before March 30, 2023. Mailed notice (vcf, ) |
| Filing 31 MINUTE entry before the Honorable Joan B. Gottschall: To establish defendant's citizenship for diversity jurisdiction purposes, see 28 U.S.C. 1332(a), plaintiff alleges in its amended complaint: "Berlin is a limited liability company organized under the laws of Delaware, and, according to Berlin, its principal place of business is at 525 West Monroe Street, 14th Floor, Chicago, Illinois 60661. Berlin has identified five of its affiliates (see R. Doc. 17), which on information and belief are members of Berlin or members of its members, including one that is listed as 'manager' on the records of the Illinois Secretary of State. That entity is Berlin Packaging Holdings, LLC, a Delaware limited liability company. After a diligent search and based on information and belief, each of the identified members appears to be organized under the laws of Delaware and are either citizens of Delaware or Illinois for purposes of diversity jurisdiction. On information and belief, none of the affiliates or members of Berlin are citizens of the state of Louisiana. Berlin is therefore a citizen of Delaware and Illinois for diversity purposes." ECF No. 30 at 2-3. These allegations are defective because, under Seventh Circuit law, allegations of a party's citizenship made on information and belief do not suffice to establish diversity jurisdiction. America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992); see also Qin v. Deslongchamps, 31 F.4th 576, 578 (7th Cir. 2022); Brickstructures, Inc. v. Coaster Dynamix, Inc., 2017 WL 4310671, at *1 (N.D. Ill. Sept. 28, 2017). Plaintiff's amended complaint #30 is therefore dismissed without prejudice for failure to plead an adequate basis for exercising subject matter jurisdiction. In accordance with 28 U.S.C. 1653, plaintiff is granted leave to file an amended complaint on or before 4/3/2023. Failure adequately to allege a basis for exercising subject matter jurisdiction will result in the dismissal of this case without prejudice for lack of subject matter jurisdiction. Mailed notice (mjc, ) |
| Filing 30 AMENDED complaint by Big Easy Confections LLC against Berlin Packaging LLC (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Lemann, Jonathan) |
| Filing 29 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's unopposed motion #28 for an extension to and including 3/17/2023 of its deadline to file an amended complaint is granted. Mailed notice (mjc, ) |
| Filing 28 MOTION by Plaintiff Big Easy Confections LLC for extension of time to file an amended complaint (Lemann, Jonathan) |
Filing 27
ORDER Signed by the Honorable Joan B. Gottschall on 2/17/2023. Mailed notice(mjc, )
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| Filing 26 MINUTE entry before the Honorable Joan B. Gottschall: Enter order dismissing the complaint #1 without prejudice for lack of subject matter jurisdiction. In accordance with the order, plaintiff may file an amended complaint on or before 3/10/2023. Mailed notice (mjc, ) |
| Filing 25 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Jonathan Percy Lemann's motion to appear pro hac vice #22 on behalf of the plaintiff is granted. Attorney Jeffrey T. Pastorek's motion to appear pro hac vice #23 on behalf of the plaintiff is granted. Attorney Robert Tate Martin, II's motion to appear pro hac vice #24 on behalf of the plaintiff is granted. Mailed notice (mjc, ) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20342179. (Martin II, Robert) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20342164. (Pastorek, Jeffrey) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20342133. (Lemann, Jonathan) |
| Filing 21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Big Easy Confections LLC PLAINTIFF'S AMENDED NOTIFICATION OF AFFILIATES (Kay, Justin) |
| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff discloses #19 one affiliate: "The following own 5% or more of Big Easy: KBL Developers, LLC." Effective May 5, 2022, Local Rule 3.2(a)'s definition of affiliate was amended as follows: "For purposes of this rule, 'affiliate' is defined as any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party." See N.D. Ill. Gen. Order No. 22-0009 (May 5, 2022). Plaintiff's notice of affiliates must be revised to clarify whether the disclosed affiliate, KBL Developers, LLC, has any owners, such as parent corporations or individual members, who meet Local Rule 3.2(a)'s definition of affiliate. Plaintiff's amended notice of affiliates is due on or before 2/17/2023. Mailed notice (vcf, ) |
| Filing 19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Big Easy Confections LLC (Kay, Justin) |
| Filing 18 ATTORNEY Appearance for Plaintiff Big Easy Confections LLC by Justin O'Neill Kay (Kay, Justin) |
| Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Berlin Packaging LLC (Fawkes, Thomas) |
| Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: Counsel is advised that no further action may be taken until all notifications as to affiliates required by Local Rule 3.2 have been filed. All notifications as to affiliates required by Local Rule 3.2 must be filed on or before February 9, 2023. Mailed notice (mjc, ) |
| Filing 15 ATTORNEY Appearance for Defendant Berlin Packaging LLC by Thomas R Fawkes (Fawkes, Thomas) |
| Filing 14 MAILED Rule 83.15 to counsel of record. (gcy, ) |
| Filing 13 RECEIVED from Louisiana Eastern; Case Number 2:22-cv-03300 (gcy) |
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Filing 12
ORDER AND REASONS granting #6 MOTION to Transfer Venue, as set forth herein. FURTHER ORDERED that this matter is transferred to the U.S. District Court for the Northern District of Illinois. FURTHER ORDERED that the motion to dismiss is dismissed without prejudice. Signed by Judge Lance M Africk on 01/25/2023.(ko) [Transferred from Louisiana Eastern on 1/25/2023.]
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| Filing 11 REPLY to Response to Motion filed by Berlin Packaging LLC re #6 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a); or Alternatively, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6). (Attachments: #1 Exhibit A, #2 Exhibit B)(ko) [Transferred from Louisiana Eastern on 1/25/2023.] |
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Filing 10
ORDER granting #9 Motion for Leave to File Reply. Signed by Judge Lance M Africk on 12/28/2022. (ko) [Transferred from Louisiana Eastern on 1/25/2023.]
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| Filing 9 EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Transfer Venue Pursuant to 28 U.S.C. 1404(a); or Alternatively, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Berlin Packaging LLC. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Memorandum in Support of Motion, #3 Exhibit A, #4 Exhibit B)(Brilleaux, Kelly) [Transferred from Louisiana Eastern on 1/25/2023.] |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Karen Wells Roby. Magistrate Judge Dana Douglas no longer assigned to case. Signed by Chief Judge Nannette Jolivette Brown on 12/22/2022. (Attachments: #1 12/20/22 Order, #2 Case List)(lag) [Transferred from Louisiana Eastern on 1/25/2023.]
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| Filing 7 RESPONSE/MEMORANDUM in Opposition filed by Big Easy Confections LLC re #6 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a); or Alternatively, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) . (Pastorek, Jeffrey) [Transferred from Louisiana Eastern on 1/25/2023.] |
| Filing 6 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a); or Alternatively, to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) by Berlin Packaging LLC. Motion(s) will be submitted on 12/28/2022. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Notice of Submission)Attorney Kelly E. Brilleaux added to party Berlin Packaging LLC(pty:dft).(Brilleaux, Kelly) [Transferred from Louisiana Eastern on 1/25/2023.] |
| Filing 5 WAIVER OF SERVICE Returned Executed; waiver sent to Berlin Packaging LLC on 9/16/2022, answer due 11/15/2022. (Pastorek, Jeffrey) [Transferred from Louisiana Eastern on 1/25/2023.] |
| Filing 4 Summons Issued as to Berlin Packaging LLC. (cs) [Transferred from Louisiana Eastern on 1/25/2023.] |
| Filing 3 Correction of Docket Entry by Clerk re #1 Complaint. Filing attorney did not properly format the pdf of the Summons. The pdf should not have the 3 red buttons at the bottom. When using a FORM, fill in the applicable fields then click the red PRINT button at the bottom to print the document to pdf format. Clerk has taken corrective action. (cs) [Transferred from Louisiana Eastern on 1/25/2023.] |
| Filing 2 Initial Case Assignment to Judge Lance M Africk and Magistrate Judge Dana Douglas. (mb) [Transferred from Louisiana Eastern on 1/25/2023.] |
| Filing 1 COMPLAINT against Berlin Packaging LLC (Filing fee $ 402 receipt number ALAEDC-9556002) filed by Big Easy Confections LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)Attorney Jeffrey T. Pastorek added to party Big Easy Confections LLC(pty:pla).(Pastorek, Jeffrey) (Attachment 2 replaced on 9/16/2022) (cs). Modified image/text on 9/16/2022 (cs). [Transferred from Louisiana Eastern on 1/25/2023.] |
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