Dubberke v. Wendy's International, LLC et al
Plaintiff: Jim Dubberke
Defendant: Wendy's International, LLC d/b/a The Wendy's Company and Wendy's Properties, LLC
Case Number: 1:2023cv05680
Filed: August 18, 2023
Court: US District Court for the Northern District of Illinois
Presiding Judge: Edmond E Chang
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 6, 2023 Filing 8 MINUTE entry before the Honorable Edmond E. Chang: On review of the Jurisdictional Memorandum, R. 7, diversity of citizenship appears to apply. After the Defendant appears in the case, the Defendant shall confirm the memberships and citizenships in the joint initial status report. Mailed notice (cn).
October 4, 2023 Filing 7 Plaintiff's Jurisdictional Memo by Jim Dubberke (Attachments: #1 Notice of Filing NOF: Jurisdictional Memo)(Berman, Steven)
October 2, 2023 Filing 6 MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the complaint, the Court poses this jurisdictional inquiry. Although the complaint traces the two LLCs down one level, it is not clear what the ultimate citizenships are. On Wendy's Restaurants, LLC (the sole member of Wendey's International, LLC), the domicile of Wendy's Company is listed as Delaware, but the allegation should specify the State of incorporation and the principal place of business (assuming Wendy's Company is a corporation). On Wendy's Funding, LLC (the sole member of Wendy's Properties, LLC), the allegation must set forth the members of Wendy's Funding, LLC; the tracing of LLC membership must keep going until a corporation or individual is left. The Plaintiff shall file a Jurisdictional Memorandum by 10/23/2023 addressing these issues. (2.) On review of the status report, R. 5, the Plaintiff is still working on service of process, and the defense is planning to respond on waiver (or not) in 30 days. The tracking status hearing of 10/06/2023 is reset to 11/17/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a status report by 11/10/2023 (and if the Defendants have filed appearances, then the status report shall be jointly filed). Emailed notice (mw, )
September 28, 2023 Filing 5 STATUS Report Initial Status Report by Jim Dubberke (Attachments: #1 Notice of Filing NOF: Initial Status Report)(Berman, Steven)
August 22, 2023 Filing 4 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 (or the parties, if proceeding pro se) 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 (or the party, if proceeding pro se) 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, )
August 18, 2023 Filing 3 ATTORNEY Appearance for Plaintiff Jim Dubberke by Steven Andrew Berman (Berman, Steven)
August 18, 2023 Filing 2 CIVIL Cover Sheet (Berman, Steven)
August 18, 2023 Filing 1 COMPLAINT filed by Jim Dubberke; Jury Demand. Filing fee $ 402, receipt number AILNDC-20946201.(Berman, Steven)
August 18, 2023 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. (axa, )
August 18, 2023 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (axa, )

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Plaintiff: Jim Dubberke
Represented By: Steven Andrew Berman
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Defendant: Wendy's International, LLC d/b/a The Wendy's Company
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Defendant: Wendy's Properties, LLC
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