BCL-CRE 3 Sub North LLC v. Just et al
| BCL-CRE 3 SUB NORTH LLC |
| Jeremy Just, Joshua Guthartz, Brett Merrill, Matt Widmaier and Brandon Kublanow |
| 1:2023cv03219 |
| May 22, 2023 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cummings |
| Martha M Pacold |
| Contract: Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 22 MOTION by Plaintiff BCL-CRE 3 Sub North LLC to strike Affirmative Defenses and to Stay Discovery Presented before Presiding Judge (Lutz, Christina) |
| Filing 21 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion to file an amended motion to strike affirmative defenses in excess of 15 pages, #19 , is granted. Plaintiff is directed to file the amended motion as a separate entry on the docket by 7/25/23. Defendants' response is due by 8/15/23. Plaintiff's reply is due by 9/6/23. If either party seeks excess pages in their response or reply, the parties should confer before either the response or reply is filed and submit a joint proposal of agreed page limits by email to proposed_order_pacold@ilnd.uscourts.gov. (rao, ) |
| Filing 20 MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report #14 and notes that plaintiff has filed a motion to strike affirmative defenses and stay discovery #18 before the District Court Judge. This court will enter a further order at a later date as appropriate. Mailed notice (cc, ) |
| Filing 19 MOTION by Plaintiff BCL-CRE 3 Sub North LLC for leave to file excess pages Unopposed motion Presented before Magistrate Judge (Attachments: #1 Exhibit A, #2 Exhibit B)(Blackman, Gary) |
| Filing 18 MOTION by Plaintiff BCL-CRE 3 Sub North LLC to strike affirmative defenses Presented before Magistrate Judge (Lutz, Christina) |
| Filing 17 ATTORNEY Appearance for Plaintiff BCL-CRE 3 Sub North LLC by Christina Elaine Lutz (Lutz, Christina) |
| Filing 16 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's unopposed motion for extension of time #15 is granted. Plaintiff is granted until 7/13/2023 to file its motion to strike defendants' affirmative defenses. The parties are reminded that, per this court's motion procedures available at https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==, motions must indicate whether they are agreed or opposed. If the motion is opposed, the movant shall confer with the non-movant and submit a joint proposed briefing schedule in the motion or by email to proposed_order_pacold@ilnd.uscourts.gov. After reviewing the motion, the court will enter a briefing schedule or ruling on the docket. (rao, ) |
| Filing 15 MOTION by Plaintiff BCL-CRE 3 Sub North LLC for extension of time to file Motion to Strike Defendants Affirmative Defenses - unopposed motion Presented before Magistrate Judge (Hirsh, Jason) |
| Filing 14 STATUS Report Joint by BCL-CRE 3 Sub North LLC Presented before Magistrate Judge (Attachments: #1 Exhibit)(Burns, Jamie) |
| Filing 13 MINUTE entry before the Honorable Jeffrey Cummings: This case has been referred for discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement #12 . On or before 07/10/2023, the parties are ordered to have a Rule 26(f) conference and file a joint status report setting forth the information for Referral Cases in the Court's Standing Order for Initial Joint Status Reports. The parties shall also include a proposed discovery schedule in their joint status report and a proposed deadline to file amended pleadings. If the parties are mutually interested in a settlement conference at this time, they shall also address the issues set forth in the first paragraph of the second page of the Court's Standing Order For Settlement Conferences and provide the dates that the parties are mutually available in September 2023 for a remote video settlement conference. The deadlines for the submission of settlement letters described in the Standing Order and the date for the settlement conference will be promptly set after the joint status report is received. Mailed notice (cc, ) |
| Filing 12 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. (rao, ) |
Filing 11
ORDER: Adam O'lyddy Knight's motion for leave to appear pro hac vice on behalf of defendants Jeremy Just, Joshua Guthartz, Brett Merrill, Matt Widmaier, and Brandon Kublanow #10 is granted. Signed by the Honorable Martha M. Pacold on June 20, 2023. Mailed notice (ph, )
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20753306. (Knight, Adam) |
| Filing 9 ANSWER to Complaint and Affirmative Defenses by Joshua Guthartz, Jeremy Just, Brandon Kublanow, Brett Merrill, Matt Widmaier(Penrose, Craig) |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's jurisdictional statement #6 satisfies the court's order to show cause. (rao, ) |
| Filing 7 ATTORNEY Appearance for Defendants Joshua Guthartz, Jeremy Just, Brandon Kublanow, Brett Merrill, Matt Widmaier by Craig G. Penrose (Penrose, Craig) |
| Filing 6 Jurisdictional STATEMENT by BCL-CRE 3 Sub North LLC (Burns, Jamie) |
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Filing 5
ORDER Signed by the Honorable Martha M. Pacold on 5/24/2023: Plaintiff is ordered to show cause by 6/7/2023 why this case should not be dismissed for lack of subject matter jurisdiction. The court reviewed the complaint, which invokes this court's diversity jurisdiction. The complaint alleges that Plaintiff BCL-CRE 3 Sub North, LLC is an Illinois limited liability with one member BCL-CRE 3, LLC. #1 2, 3. Next, the complaint alleges that BCL-CRE 3, LLC is an Illinois limited liability company comprised of three members: BCL-Family, LCC, BCL-Operations, LLC, and an unnamed Illinois trust. Id. 2. Then, as to BCL-Family, LLC, the complaint alleges the members are two unnamed Illinois trusts, and two unnamed individuals "residing in Illinois." Id. Similarly, it alleges that the members of BCL-Operations, LLC, are two unnamed individuals "residing in Illinois." Id. The complaint alleges that the individual defendants reside in a variety of states as well. Id. 48. These allegations do not provide adequate information for the court to assess whether the parties are diverse. A limited liability company is a citizen wherever its members are citizens. Thomas v. Guardmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). The Seventh Circuit has "held repeatedly that there's no such thing as a [state name here] partnership or LLC, that only the partners' or members' citizenships matter, and that their identities and citizenships must be revealed." West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829 (7th Cir. 2020) (brackets in original). While the complaint traces through several layers of LLCs, ultimately, it does not sufficiently allege citizenship. The citizenship of a trust is that of its trustees, see id. at 830, but the complaint only summarily labels three unnamed trusts as "Illinois trusts." #1 2. That is insufficient. See Guar. Nat. Title Co. v. J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996). As to the individual LLC members, the complaint only alleges residence. But it is citizenship (which is to say domicile), not "residence" that matters for determining whether the parties are diverse. Id. The complaint repeats this error by only alleging individual defendants' "residence" as well. #1 4-8. Plaintiff may discharge this order by filing by 6/7/2023 (or if plaintiff needs more time, plaintiff may request an extension) a jurisdictional statement that properly establishes diversity of citizenship between the plaintiff and the defendants. This statement shall include the citizenship of each limited liability company, including the identity of its members and their citizenships. (rao, )
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| SUMMONS Issued as to Defendants Joshua Guthartz, Jeremy Just, Brandon Kublanow, Brett Merrill, Matt Widmaier (jb, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff BCL-CRE 3 SUB NORTH LLC by Jason Brett Hirsh (Hirsh, Jason) |
| Filing 3 ATTORNEY Appearance for Plaintiff BCL-CRE 3 SUB NORTH LLC by Jamie Lynn Burns (Burns, Jamie) |
| Filing 2 CIVIL Cover Sheet (Burns, Jamie) |
| Filing 1 COMPLAINT filed by BCL-CRE 3 SUB NORTH LLC; Filing fee $ 402, receipt number AILNDC-20664315. (Attachments: #1 Exhibit)(Burns, Jamie) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (evw, ) |
| 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. (evw, ) |
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