Golminas v. Target Corporation et al
| Gregory Golminas |
| Target Corporation and Pine Tree Commercial Realty, LLC |
| 1:2023cv01544 |
| March 13, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Defendant |
Docket Report
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| Document Text |
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| Filing 32 MOTION by Defendant Pine Tree Commercial Realty, LLC to supplement the Record (Attachments: #1 Exhibit A, #2 Notice of Filing)(OConnor, John) |
| Filing 31 REPLY by Gregory Golminas to MOTION by Plaintiff Gregory Golminas to vacate order on motion to remand,,,,,,, text entry,,,,,, #14 #20 , MOTION by Plaintiff Gregory Golminas to remand #8 , response in opposition to motion, #28 (Attachments: #1 Exhibit Email from Counsel for Pine Tree, #2 Exhibit Pine Tree Leasing Brochures, #3 Exhibit Affidavit of Patricia Durkin)(Dunn, Colin) |
| Filing 30 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Pine Tree Commercial Realty, LLC has filed a motion for summary judgment #22 . The court stays briefing of this motion pending resolution of the motion to remand #8 . Plaintiff's reply to the motion to remand remains due on or before 4/25/2023. Mailed notice. (jlj, ) |
| Filing 29 CERTIFICATE of Service by Defendant Target Corporation regarding response in opposition to motion, #28 (Burke, Robert) |
| Filing 28 RESPONSE by Target Corporationin Opposition to MOTION by Plaintiff Gregory Golminas to remand #8 and Memorandum in Support of Dismissal of Fraudulently Joined Defendant, Pine Tree Commercial Realty, LLC (including exhibits) (Attachments: #1 Exhibit A, #2 Exhibit B)(Burke, Robert) |
| Filing 27 RESPONSE by Target Corporationin Opposition to MOTION by Plaintiff Gregory Golminas to remand #8 and Memorandum in Support of Dismissal of Fraudulently Joined Defendant, Pine Tree Commercial Realty, LLC (Burke, Robert) |
| Filing 26 MEMORANDUM by Pine Tree Commercial Realty, LLC in support of motion for summary judgment #22 (Attachments: #1 Notice of Filing)(OConnor, John) |
| Filing 25 MINUTE entry before the Honorable Lindsay C. Jenkins:Memorandum in support #24 having been filed in error is stricken and will be refiled by movant.Mailed notice. (jlj, ) |
| Filing 24 MEMORANDUM by Pine Tree Commercial Realty, LLC in support of motion for summary judgment #22 (Attachments: #1 Notice of Filing)(OConnor, John) |
| Filing 23 RULE 56 56.1(a) Statement of Undisputed Material Facts in Support of its Motion for Summary Judgment Statement by Pine Tree Commercial Realty, LLC regarding motion for summary judgment #22 (Attachments: #1 Notice of Filing)(OConnor, John) |
| Filing 22 MOTION by Defendant Pine Tree Commercial Realty, LLC for summary judgment (Attachments: #1 Notice of Filing)(OConnor, John) |
| Filing 21 MAILED Notice of Removal letter to counsel of record. (jn, ) |
| 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. (jn, ) |
| Filing 20 MOTION by Plaintiff Gregory Golminas to vacate order on motion to remand,,,,,,, text entry,,,,,, #14 (Dunn, Colin) |
| Filing 19 CERTIFICATE of Service by Defendant Target Corporation regarding other #18 (Burke, Robert) |
| Filing 18 Second Affirmative Defense to its Answer and Affirmative Defense to Plaintiff's Second Amended Complaint at Law by Target Corporation (Burke, Robert) |
| Filing 17 CERTIFICATE of Service by Defendant Target Corporation regarding answer to complaint #16 (Burke, Robert) |
| Filing 16 ANSWER to Complaint with Jury Demand by Target Corporation(Burke, Robert) |
| Filing 15 ATTORNEY Appearance for Defendant Pine Tree Commercial Realty, LLC by John Joseph OConnor (Attachments: #1 Notice of Filing)(OConnor, John) |
| Filing 14 MINUTE entry before the Honorable Lindsay C. Jenkins:This case was removed to federal court based on purported diversity of citizenship, and plaintiff has filed a motion to remand and for costs #7 . In its removal notice, defendant Target Corporation states that co-defendant Pine Tree Commercial Realty, LLC's sole member is a Delaware LLC named PTCR Holdco, LLC, and that "the members of PTCR Holdco, LLC are currently unknown and under investigation." [Dkt. 1 at 3]. The removal notice goes on to state that the citizenship of Pine Tree Commercial Realty, LLC "is not relevant because it has been fraudulently joined in the case." Id. These allegations are insufficient. The citizenship of an LLC is that of each of its members, and this must be traced all the way through any corporate, LLC, or other entity members. See, e.g., Mut. Assignment & Indem. Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004). The fraudulent joinder doctrine is an exception to 28 U.S.C. s 1332's complete diversity requirement that prevent plaintiffs from "join[ing] a nondiverse defendant simply to destroy diversity jurisdiction." Schur v. L.A. Weight Loss Centers, Inc., 577 F.3d 752, 763 (7th Cir. 2009). Defendant, as the removing party bears the "heavy burden" of showing that the plaintiff's claims against non-diverse defendants have "no chance of success." Poulos v. Naas Foods, Inc., 959 F.2d 69, 73 (7th Cir. 1992). Defendant's response to the motion to remand #8 shall be filed on or before 4/11/2023 and plaintiff's reply shall be filed on or before 4/25/2023. Mailed notice. (jlj, ) |
| Filing 13 CERTIFICATE of Service by Defendant Target Corporation regarding attorney appearance #12 (Nishimura, Laura) |
| Filing 12 ATTORNEY Appearance for Defendant Target Corporation by Laura Nishimura (Nishimura, Laura) |
| Filing 11 CERTIFICATE of Service by Defendant Target Corporation regarding attorney appearance #10 (Linneman, Michael) |
| Filing 10 ATTORNEY Appearance for Defendant Target Corporation by Michael Joseph Linneman (Linneman, Michael) |
| Filing 9 NOTICE by Gregory Golminas re MOTION by Plaintiff Gregory Golminas to remand #8 (Dunn, Colin) |
| Filing 8 MOTION by Plaintiff Gregory Golminas to remand (Dunn, Colin) |
| Filing 7 ATTORNEY Appearance for Plaintiff Gregory Golminas by Colin H Dunn (Dunn, Colin) |
| Filing 6 CERTIFICATE of Service by Defendant Target Corporation regarding jury demand #5 , notification of affiliates pursuant to local rule 3.2 #4 , civil cover sheet #2 , notice of removal, #1 , attorney appearance #3 (Burke, Robert) |
| Filing 5 JURY Demand (Burke, Robert) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Target Corporation (Burke, Robert) |
| Filing 3 ATTORNEY Appearance for Defendant Target Corporation by Robert Michael Burke (Burke, Robert) |
| Filing 2 CIVIL Cover Sheet (Burke, Robert) |
| Filing 1 NOTICE of Removal from Will County Circuit Court, 12th Judicial Circuit, case number (2022 LA 000653) filed by Target Corporation Filing fee $ 402, receipt number AILNDC-20434148. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Burke, Robert) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (rc, ) |
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