Ruggeri Sarigu v. Bio-Medical Applications of Illinois, Inc. et al
| Cristiana Ruggeri Sarigu |
| Bio-Medical Applications of Illinois, Inc. and Fresenius Medical Care Holdings, Inc. |
| 1:2023cv04508 |
| July 12, 2023 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Labor: Other |
| Both |
Docket Report
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| Filing 23 MINUTE entry before the Honorable Joan B. Gottschall: In its motion #21 to dismiss the first amended complaint's claims against it, defendant Fresenius Medical Care Holdings, Inc. ("Fresenius"), relies on the declaration [21-2] of Bryan Mello in support of its argument that it is not a joint employer of plaintiff. Because the Mello declaration was not attached to or otherwise incorporated into the first amended complaint, it cannot be considered without converting Fresenius's motion to one for summary judgment. See Fed. R. Civ. P. 12(d). Defendant's motion #21 to dismiss is therefore denied without prejudice. On or before 9/13/2023, Fresenius may refile its motion either as a properly supported summary judgment motion under Fed. R. Civ. P. 56 and Local Rule 56.1 or as a Fed. R. Civ. P. 12(b)(6) motion that does not rely on Fed. R. Civ. P. 12(d) material. The parties' deadline of 9/13/2023 to file a joint initial status report shall stand. Mailed notice. (mgh, ) |
| Filing 22 ANSWER to amended complaint and Notice of Affirmative Defenses by Bio-Medical Applications of Illinois, Inc.(Hux, James) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fresenius Medical Care Holdings, Inc. (Attachments: #1 Memorandum of Law in Support of Motion, #2 Exhibit A - Declaration)(Hux, James) |
| Filing 20 ATTORNEY Appearance for Defendants Bio-Medical Applications of Illinois, Inc., Fresenius Medical Care Holdings, Inc. by Shane Patrick Stover (Stover, Shane) |
| Filing 19 MINUTE entry before the Honorable Joan B. Gottschall: Defendants' unopposed motion #18 for an extension to and including 9/6/2023 of their deadline to answer or otherwise respond to plaintiff's amended complaint is granted. The parties' deadline of 9/13/2023 to file a joint initial status report shall stand. Mailed notice (mjc, ) |
| Filing 18 MOTION by Defendants Bio-Medical Applications of Illinois, Inc., Fresenius Medical Care Holdings, Inc. for extension of time to file answer regarding amended complaint #17 (Hux, James) |
| Filing 17 First AMENDED complaint by Cristiana Ruggeri Sarigu against Bio-Medical Applications of Illinois, Inc., Fresenius Medical Care Holdings, Inc. (Schreiber, Richard) |
Filing 16
ORDER: An initial status report is due on or before September 13, 2023. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within 14 days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. See Fed. R. Civ. P. 26(a)(1)(C) and 26(f)(2). If, by the due date of the scheduled status report, defendants have not been served, plaintiff should send an email to the chambers email account, chambers_gottschall@ilnd.uscourts.gov, to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 8/9/2023. Mailed notice(mjc, )
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| Filing 15 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's unopposed motion #14 for leave to file her first amended complaint is granted. Plaintiff is instructed to file her proposed amended complaint [14-1] as a separate entry on the docket by and including 8/9/2023. Mailed notice (mjc, ) |
| Filing 14 MOTION by Plaintiff Cristiana Ruggeri Sarigu for leave to file First Amended Complaint (Attachments: #1 Exhibit Ex 1 - FAC, #2 Text of Proposed Order)(Schreiber, Richard) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fresenius Medical Care Holdings, Inc. (Hux, James) |
| Filing 12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bio-Medical Applications of Illinois, Inc. (Hux, James) |
| Filing 11 MINUTE entry before the Honorable Joan B. Gottschall: Defendants are advised that no further substantive 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 8/1/2023. Mailed notice (mjc, ) |
| Filing 10 AFFIDAVIT of Service filed by Plaintiff Cristiana Ruggeri Sarigu served on Fresenius Medical Care Holdings, Inc. d/b/a Fresenius Medical Care North America on 07/18/2023 (Schreiber, Richard) |
| Filing 9 AFFIDAVIT of Service filed by Plaintiff Cristiana Ruggeri Sarigu served on Bio-Medical Applications of Illinois, Inc. on 07/18/2023 (Schreiber, Richard) |
| Filing 8 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff alleges in her complaint (Doc. #1 15) that this court has subject matter jurisdiction under the Class Action Fairness Act of 2005 ("CAFA"), 28 U.S.C. 1332(d). To establish jurisdiction under CAFA, plaintiff must show that "minimal diversity" exists and that CAFA's $5 million amount in controversy requirement is satisfied. See 28 U.S.C. 1332(d); Home Depot U. S. A., Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019). Plaintiff properly pleads that defendants, both of which are corporations, are citizens variously of Delaware, Massachusetts, and New York based on their respective states of incorporation and the location of their principal places of business. See Compl. 37, 40. As an individual, plaintiff's domicile determines her citizenship for diversity jurisdiction purposes; domicile means the state where plaintiff "intends to remain." Dakuras v. Edwards, 312 F.3d 256, 258 (7th Cir. 2002); see also McMahon v. Bunn-O-Matic Corp., 150 F.3d 651, 653 (7th Cir. 1998) (residence is not domicile). The complaint alleges that plaintiff worked for defendants at locations in and around Cook County, Illinois, but does not allege where plaintiff is presently domiciled, and the complaint does not plead the citizenship of any other member of the proposed plaintiff classes. See Compl. 2, 19, 20, 79. The failure to plead plaintiff's domicile may well be an oversight. Nevertheless, federal courts must raise questions of their subject matter jurisdiction sua sponte, e.g., Evergreen Square of Cudahy v. Wis. Hous. & Econ. Dev. Auth., 776 F.3d 463, 465 (7th Cir. 2015), and a complaint invoking diversity jurisdiction must identify the citizenships of the parties. See, e.g., Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002). Accordingly, plaintiff is ordered to file an amended complaint on or before 8/4/2023 and adequately allege her citizenship for purposes of CAFA or otherwise plead the citizenship of one or more members of the proposed class sufficient to show that CAFA's minimal diversity requirement is satisfied. Mailed notice (mjc, ) |
| Filing 7 ATTORNEY Appearance for Defendants Bio-Medical Applications of Illinois, Inc., Fresenius Medical Care Holdings, Inc. by James M Hux, Jr (Hux, James) |
| Filing 6 ATTORNEY Appearance for Plaintiff Cristiana Ruggeri Sarigu by Richard M Schreiber (Schreiber, Richard) |
| Filing 5 ATTORNEY Appearance for Plaintiff Cristiana Ruggeri Sarigu by Michael A. Josephson (Josephson, Michael) |
| 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, ) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (smb, ) |
| SUMMONS Issued as to Defendants Bio-Medical Applications of Illinois, Inc., Fresenius Medical Care Holdings, Inc. (jcc, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Cristiana Ruggeri Sarigu by Douglas M. Werman (Werman, Douglas) |
| Filing 3 ATTORNEY Appearance for Plaintiff Cristiana Ruggeri Sarigu by Maureen Ann Salas (Salas, Maureen) |
| Filing 2 CIVIL Cover Sheet (Salas, Maureen) |
| Filing 1 COMPLAINT (Original Class Action Complaint) filed by Cristiana Ruggeri Sarigu; Jury Demand. Filing fee $ 402, receipt number AILNDC-20823783.(Salas, Maureen) |
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