Montiel v. Power Construction Company, LLC et al
| Enrique Montiel |
| Power Construction Company, LLC, JKL G3 Holding Company, Doka USA, Ltd and Doka GmbH |
| 1:2023cv04900 |
| July 27, 2023 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| P.I.: Other |
| 28 U.S.C. § 1391 Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on August 31, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 REMAND with certified copy of order dated 08/30/2023 and letter to Circuit Court of Cook County via email. (aee, ) |
| Filing 12 MINUTE entry before the Honorable Manish S. Shah: The motion to remand is unopposed. See #11 . This court does not have subject-matter jurisdiction over the complaint and the motion to remand #10 is granted. The clerk shall remand this case to the Circuit Court of Cook County forthwith. Terminate civil case. Notices mailed. (psm, ) |
| Filing 11 RESPONSE by Doka USA, Ltd, Power Construction Company, LLC to MOTION by Plaintiff Enrique Montiel to remand #10 (Weigle, Hillary) |
| Filing 10 MOTION by Plaintiff Enrique Montiel to remand (Attachments: #1 Exhibit 1, #2 Certificate of Service Notice of Motion)(Naffziger, Jeffrey) |
| Filing 9 ATTORNEY Appearance for Defendant Power Construction Company, LLC by Katie Elizabeth Gorrie (Gorrie, Katie) |
| Filing 8 ATTORNEY Appearance for Defendants Doka GmbH, Doka USA, Ltd by Hillary Leigh Weigle (Weigle, Hillary) |
| Filing 7 ATTORNEY Appearance for Defendants Doka GmbH, Doka USA, Ltd by Stephanie Rocco Soprani (Soprani, Stephanie) |
| 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. (aee, ) Modified on 8/1/2023 (aee, ). |
| Filing 6 MAILED Notice of Removal letter to counsel of record. (aee, ) |
| Filing 5 MINUTE entry before the Honorable Manish S. Shah: By 9/1/2023, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Shah's name and then again on the link entitled 'Initial Status Conferences.' The notice of removal does not adequately allege the citizenship of the parties because the citizenship of an LLC is the citizenship of its members (not its principal place of business and state of registration). The party asserting jurisdiction must identify the citizenship of each of the LLC's members (and if those members have members, the citizenship of those members as well). See Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). The notice of removal alleges that Plaintiff is a citizen of Illinois and Power Construction, LLC is a citizen of Illinois. Defendant Doka GmbH's foreign citizenship notwithstanding, there does not appear to be an adequate allegation of diversity jurisdiction between plaintiff and all defendants. The parties must address jurisdiction in the status report. Notices mailed. (psm, ) |
| Filing 4 CIVIL Cover Sheet (Soprani, Stephanie) |
Filing 3
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. Doka GmbH is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (axk, )
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| Filing 2 ATTORNEY Appearance for Plaintiff Enrique Montiel by Jeffrey David Naffziger (Naffziger, Jeffrey) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (axk, ) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2023 L 000445) filed by Doka GmbH Filing fee $ 402, receipt number AILNDC-20871790. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Soprani, Stephanie) |
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