Edel Logistics, Inc. v. Speedco, Inc. et al
| Edel Logistics, Inc. |
| Speedco, Inc., Love's Truck Solutions, LLC and Love's Travel Stops & Country Stores, Inc. |
| 1:2023cv05599 |
| August 16, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Personal Property: Other |
| 28 U.S.C. § 1446 Petition for Removal- Property Damage (P.I.) |
| Defendant |
Docket Report
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| Document Text |
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| Filing 15 REMAND with certified copy of order dated 10/12/2023 and letter to Circuit Court of Cook County via email. (rc, ) |
| Filing 14 MINUTE entry before the Honorable Edmond E. Chang: Counsel for the Defendants emailed the courtroom deputy, with all counsel copied, to request that this case be remanded back to the Circuit Court of Cook County, Illinois, Third District, Law Division (20233004402) for further proceedings. The request is granted. The case is hereby forthwith remanded to Circuit Court of Cook County, Illinois, Third District, Law Division. The tracking status hearing of 10/20/2023, and all deadlines, are vacated. Civil case terminated. Emailed notice (mw, ) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the status report, R. 12, the notice of removal, R. 1, and the complaint, R. 1-1, the Court issues this jurisdictional inquiry. The complaint alleges that all three Defendants are organized (that is, incorporated) under the laws of Illinois. Compl. at 1, 4, 7. The notice of removal then alleges that two of the Defendants are "registered" in Oklahoma and the third is "registered" in Indiana. R. 1, paras. 5, 6,, 7. Also, although Defendant Love's Truck Solutions is alleged to be an LLC, there is no information on the **membership** of the LLC and their citizenship. Lastly, the complaint asks for more than the "jurisdictional limit," and although the particular state court division has a limit of $100,000, it is appropriate to require a direct allegation on damages. (2.) On or before 10/16/2023, the parties shall file a Jurisdictional Memorandum setting forth (a) the State of incorporation (not just where the companies are registered to do business of the three Defendants; (b) as to the LLC Defendant, a statement either that the LLC Defendant is mislabeled and is instead a corporation, or a listing of the LLC's membership and their respective citizenships; (c) an allegation from the Plaintiff that the damage to the truck exceeded $75,000; and (d) to double-check venue, in what city or village the oil change (or lack of it) happened. The tracking status hearing of 10/06/2023 is reset to 10/20/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). (3.) In any event, because the parties must engage in discovery anyway, to start Rule 26(a)(1) disclosures are due on 10/27/2023 as proposed. The first round of written discovery requests must be issued by 11/20/2023. Fact discovery must be completed by 05/06/2024. **No summary judgment motion may be filed before the close of fact discovery without prior authorization of the Court.** Rule 16(b) deadline to add parties or amend pleadings is 03/18/2024. By 04/01/2024, the parties shall file a Deposition Scheduling Report listing the depositions already taken and (more importantly) the remaining deponents, all of whom must have ***confirmed*** deposition dates (not just proposed dates). Any person not on that Report will presumptively not be deposed without good cause (e.g., genuine surprise despite due diligence). If deponents are slow in confirming deposition dates, the parties should use the Report deadline to urge each other and non-parties to provide confirmed dates to avoid a motion to compel in advance of the deadline. The deadline to serve subpoenas is 03/11/2024, absent good cause (e.g., genuine surprise despite due diligence). The retained-expert schedule, if any, will be set later. Emailed notice (mw, ) |
| Filing 12 STATUS Report Joint Status Report by Edel Logistics, Inc. (Apicella, Kenneth) |
| Filing 11 ANSWER to Complaint with Jury Demand and affirmative defenses by Love's Travel Stops & Country Stores, Inc.(Bilshausen, Ehren) |
| Filing 10 ANSWER to Complaint with Jury Demand and affirmative defenses by Love's Truck Solutions, LLC(Bilshausen, Ehren) |
| Filing 9 ANSWER to Complaint with Jury Demand and affirmative defenses by Speedco, Inc.(Bilshausen, Ehren) |
| Filing 8 ATTORNEY Appearance for Plaintiff Edel Logistics, Inc. by Kenneth C. Apicella (Apicella, Kenneth) |
| Filing 7 MAILED Notice of Removal letter to counsel of record. (rc, ) |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 10/06/2023 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 09/28/2023. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| 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. (rc, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (axa, ) |
| Filing 5 F.R.C.P. 7.1/Local Rule 3.2 Disclosure STATEMENT by Love's Travel Stops & Country Stores, Inc., Love's Truck Solutions, LLC (Maruna, James) |
| Filing 4 ATTORNEY Appearance for Defendants Love's Travel Stops & Country Stores, Inc., Love's Truck Solutions, LLC by Ehren Vaughn Bilshausen (Bilshausen, Ehren) |
| Filing 3 ATTORNEY Appearance for Defendants Love's Travel Stops & Country Stores, Inc., Love's Truck Solutions, LLC by James F. Maruna (Maruna, James) |
| Filing 2 CIVIL Cover Sheet (Maruna, James) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (20233004402) filed by Love's Travel Stops & Country Stores, Inc. Filing fee $ 402, receipt number AILNDC-20938514. (Attachments: #1 Exhibit A-D)(Maruna, James) |
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