Ellis v. Hub International Limited
| Shannan Ellis |
| Hub International Limited |
| 1:2023cv06137 |
| August 25, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| P.I.: Other |
| 28 U.S.C. ยง 1391 Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 MINUTE entry before the Honorable John J. Tharp, Jr:In light of the parties' joint motion to clarify briefing schedule and reset initial status report deadline #15 , the deadline for plaintiffs to file a consolidated complaint is continued to 11/13/23. The Court adopts the parties' proposed briefing schedule. The deadline to file an initial status report is continued to 1/5/24. Mailed notice (air, ) |
| Filing 15 MOTION by Defendant Hub International Limited to reset deadline for Plaintiffs to file consolidated complaint, Defendant's response and reply, Plaintiffs' opposition, reset deadline to file initial status report filed by Joint Motion of the Parties (Sakiyama, Scott) |
| Filing 14 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiffs' motion to consolidate #8 is granted. Case numbers 23-cv-06137, 23-cv-6299, 23-cv-6430, and 23-cv-10011 involve common questions of law and fact within the meaning of Fed. R. Civ. P. 42. Pursuant to LR 40.4, the Clerk is directed to transfer case numbers 23-cv-6430, currently before Judge Rowland, and 23-cv-10011, currently before Judge Hunt, to Judge Tharp's docket. Upon transfer of these related cases to this Court's docket, a consolidated amended class action complaint is due by 11/11/23 in case number 23-cv-06137; upon filing of a consolidated complaint, case numbers 23-cv-6299, 23-cv-6430, and 23-cv-10011 will be terminated administratively. The Clerk of the Court is directed to assign any further cases filed arising from an alleged data breach at defendant HUB International Limited reported in or around August 2023 to this Court's docket as related cases. The defendant's motion for extension of time #11 is denied as moot. Mailed notice (air, ) |
| Filing 13 NOTICE by Hub International Limited re MOTION by Plaintiff Shannan Ellis to consolidate cases and Appoint Interim Class Counsel #8 (Notice of Non-Opposition to Plaintiffs' Agreed Motion to Consolidated Related Actions and Appoint Interim Class Counsel) (Sakiyama, Scott) |
| Filing 12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hub International Limited and FRCP 7.1 Disclosure (Sakiyama, Scott) |
| Filing 11 MOTION by Defendant Hub International Limited for extension of time to file answer regarding amended complaint #5 (Unopposed) (Sakiyama, Scott) |
| Filing 10 ATTORNEY Appearance for Defendant Hub International Limited by Scott Tadashi Sakiyama (Sakiyama, Scott) |
| Filing 9 MINUTE entry before the Honorable John J. Tharp, Jr:In light of the plaintiff's motion to consolidate cases and appoint interim class counsel #8 , the plaintiff's prior motion #2 is denied as moot. Any responses or objections to the new motion #8 are due by 9/28/23. Mailed notice (air, ) |
| Filing 8 MOTION by Plaintiff Shannan Ellis to consolidate cases and Appoint Interim Class Counsel (Attachments: #1 Exhibit 1 - Federman & Sherwood Resume, #2 Exhibit 2 - Siri & Glimstad Resume, #3 Exhibit 3 - Turke & Strauss Resume, #4 Exhibit 4 - Morgan & Morgan Resume)(Federman, William) |
| Filing 7 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 10/16/23. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 6 SUMMONS Returned Executed by Shannan Ellis as to Hub International Limited on 9/11/2023, answer due 10/2/2023. (Federman, William) |
| Filing 5 First AMENDED complaint by Shannan Ellis against Hub International Limited (Attachments: #1 Exhibit 1 - Breach Letter)(Federman, William) |
| Filing 4 MINUTE entry before the Honorable John J. Tharp, Jr:Any responses or objections to the motion to consolidate and appoint interim co-lead counsel #2 are due by 9/6/23. Mailed notice (air, ) |
| Filing 3 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; however, the complaint fails to properly plead the citizenship of Hub International Limited ("Hub"). A corporation is a citizen of its state of incorporation and its principal place of business. Qin v. Deslongchamps, 31 F.4th 576, 579 (7th Cir. 2022). The complaint fails to allege Hub's state of incorporation. In addition, the complaint asserts that Hub's principal place of business is "believed to be" in Illinois. Plaintiffs may not rely solely "on information and belief" in order to establish diversity jurisdiction. Id. at 578-81. Accordingly, the plaintiff is granted leave to amend to address this issue by 9/11/23. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| SUMMONS Issued as to Defendant Hub International Limited (axk, ) |
| Filing 2 MOTION by Plaintiff Shannan Ellis to consolidate cases and Appoint Interim Co-Lead Class Counsel and Memorandum In Support (Attachments: #1 Exhibit 1 - Federman & Sherwood Resume, #2 Exhibit 2 - Siri & Glimstad Resume, #3 Exhibit 3 - Turke & Strauss)(Federman, William) |
| Filing 1 COMPLAINT filed by Shannan Ellis; Jury Demand. Filing fee $ 402, receipt number AILNDC-20970510. (Attachments: #1 Exhibit Notice Letter, #2 Civil Cover Sheet Civil Cover Sheet)(Federman, William) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (jcm) |
| 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) |
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| Plaintiff: Shannan Ellis | |
| Represented By: | William B. Federman |
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| Defendant: Hub International Limited | |
| Represented By: | Scott Tadashi Sakiyama |
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