NuWave, LLC v. Associated Industries Insurance Co., Inc. et al
| NuWave, LLC |
| Associated Industries Insurance Co., Inc., Amtrust North America, Inc. and Associated Industries Insurance Company, Inc. |
| 1:2023cv05029 |
| August 1, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 17 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 10/12/23. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Amtrust North America, Inc. (Hickey, James) |
| Filing 15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Associated Industries Insurance Company, Inc. (Hickey, James) |
| Filing 14 ANSWER to amended complaint and Affirmative Defenses by Amtrust North America, Inc., Associated Industries Insurance Company, Inc.(Hickey, James) |
| Filing 13 ATTORNEY Appearance for Defendants Amtrust North America, Inc., Associated Industries Insurance Company, Inc. by Colin Brian Willmott (Willmott, Colin) |
| Filing 12 ATTORNEY Appearance for Defendants Amtrust North America, Inc., Associated Industries Insurance Company, Inc. by James Joseph Hickey (Hickey, James) |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NuWave, LLC (Amended) (Bishop, Edward) |
| Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff has filed a notification of affiliates, stating that it "has no publicly held affiliates." Dkt. 9 at 1. But the Local Rule does not require disclosure only of publicly held affiliates. LR 3.2 (defining "affiliate" as "any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party.... A Notification of Affiliates shall identify all of the party's affiliates known to the party after a diligent review, or state that after a diligent review the party has identified no affiliates."). The plaintiff is granted leave to file an amended notification of affiliates that complies with the Local Rule by 8/18/23. Mailed notice. (exr, ) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NuWave, LLC (Bishop, Edward) |
| Filing 8 Second AMENDED complaint by NuWave, LLC against Amtrust North America, Inc., Associated Industries Insurance Company, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lee, Nicholas) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff has filed an amended complaint to cure the complaint's jurisdictional defect, adding that the plaintiff is an LLC "with all members of NuWave being citizens of Illinois." Dkt. 6 at 2. This, however, still does not adequately allege the plaintiff's citizenship. See Smith v. Dodson, No. 2:17-CV-372-TLS, 2019 WL 2526328, at *1 (N.D. Ind. June 19, 2019) ("The name and citizenship of each member of a limited liability company must be identified to determine diversity jurisdiction. See Guar. Nat'l Title Co., 101 F.3d at 59 (explaining that the court would "need to know the name and citizenship(s)" of each partner for diversity jurisdiction purposes).... Although the Notice of Removal alleges generally that the members [of the defendants] are citizens of Arizona, the Defendants have not identified each member of the limited liability companies."). The plaintiff is granted leave to file a second amended complaint by 8/18/2023 to address this issue. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| Filing 6 First AMENDED complaint by NuWave, LLC against Amtrust North America, Inc., Associated Industries Insurance Co., Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bishop, Edward) |
| Filing 5 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the complaint, it fails to adequately plead subject matter jurisdiction. The complaint asserts jurisdiction pursuant to 28 U.S.C. 1332, including the plaintiff's state of incorporation and its principal place of business; however, it does not adequately allege the plaintiff's citizenship. The citizenship of an LLC is the citizenship of each of its members; therefore, "an LLC's jurisdictional statement must identify the citizenship of each of its members...." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007); Qin v. Deslongchamps, 31 F.4th 576, 579 (7th Cir. 2022). Accordingly, the plaintiff is granted leave to amend to address this issue by 8/16/2023. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff NuWave, LLC by James Joseph Jagoda (Jagoda, James) |
| Filing 3 ATTORNEY Appearance for Plaintiff NuWave, LLC by Nicholas S. Lee (Lee, Nicholas) |
| Filing 2 CIVIL Cover Sheet (Bishop, Edward) |
| Filing 1 COMPLAINT filed by NuWave, LLC; Jury Demand. Filing fee $ 402, receipt number AILNDC-20885112. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bishop, Edward) |
| 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. (jcm) |
| SUMMONS Issued as to Defendants Amtrust North America, Inc., Associated Industries Insurance Co., Inc. (emc, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (jcm) |
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