Taylor v. Elite Transit Solutions, LLC
| Dallas J Taylor |
| Elite Transit Solutions, LLC, a Pennsylvania Limited Liability Company and Elite Transit Solutions, LLC |
| 1:2023cv13789 |
| September 15, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Labor: Other |
| 05 U.S.C. § 704 Labor Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to defendant's motion to compel arbitration and to dismiss or stay pursuant to the Federal Arbitration Act #14 is due by 11/20/2023. Defendant's reply is due by 12/8/2023. (rao, ) |
| Filing 16 STATUS Report Joint Initial Status Report by Elite Transit Solutions, LLC (Faber, Bradley) |
| Filing 15 MEMORANDUM in Support of Motion to Compel Arbitration (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 1(A), #3 Exhibit Ex 1(B), #4 Exhibit Ex 2)(Faber, Bradley) |
| Filing 14 Defendant's Motion to Compel Arbitration by Elite Transit Solutions, LLC (Faber, Bradley) Modified on 10/24/2023 (kl, ). |
| Filing 13 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed defendant[s supplemental jurisdictional statement #12 and is satisfied that there is complete diversity at this point in time. (rao, ) |
| Filing 12 Supplemental Jurisdictional Statement in Support of Defendant Elite Transit Solutions, LLC's Notice of Removal by Elite Transit Solutions, LLC (Attachments: #1 Exhibit Ex A)(Faber, Bradley) |
| Filing 11 MINUTE entry before the Honorable Martha M. Pacold: Defendant is ordered to show cause by 10/5/2023 why this case should not be dismissed for lack of subject matter jurisdiction. "The party seeking removal has the burden of establishing federal jurisdiction." Schur v. L.A. Weight Loss Centers, Inc., 577 F.3d 752, 758 (7th Cir. 2009). Diversity jurisdiction under 28 U.S.C. 1332 requires complete diversity of the parties. Id. The corrected notice of removal, #5 , alleges that this court has diversity jurisdiction. However, the notice claims that there is complete diversity of the parties because Plaintiff admits he is a citizen of Illinois and "Plaintiff admits Defendant Elite Transit Solutions, LLC is a citizen of Pennsylvania," as "Defendant is a Limited Liability Company duly organized and existing under and by virtue of the laws of the State of Pennsylvania, with its headquarters and principal place of business in Pittsburgh, Pennsylvania." #5 at 3. This does not properly allege the defendant's citizenship for diversity purposes. "For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Defendant may discharge this order by filing a jurisdictional statement by 10/5/2023 that properly establishes diversity of citizenship between the plaintiff and the defendant. This statement shall include the citizenship of Defendant Elite Transit Solutions, LLC, including the identity of its members and their citizenships. Failure to comply will result in dismissal for lack of subject matter jurisdiction. (rao, ) |
| Filing 10 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed motion for extension of time to answer or otherwise plead #9 is granted. Defendant to answer or otherwise plead to the complaint by 10/23/2023. The parties are directed to file an initial joint status report by 10/25/2023. (Attachments: #1 Outline for the Initial Joint Status Report) (rao, ) |
| Filing 9 MOTION by Defendant Elite Transit Solutions, LLC for extension of time to answer or otherwise plead (Faber, Bradley) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (axk, ) |
| Filing 8 ATTORNEY Appearance for Defendant Elite Transit Solutions, LLC by Lynne Marie Mueller (Mueller, Lynne) |
| Filing 7 ATTORNEY Appearance for Defendant Elite Transit Solutions, LLC by Bradley Edwin Faber Corrected Appearance (Faber, Bradley) |
| Filing 6 MAILED Notice of Removal letter to counsel of record. (rc, ) |
| 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, ) |
| Filing 5 Defendant Elite Transit Solutions, LLC's Notice of Removal (Corrected) by Elite Transit Solutions, LLC, a Pennsylvania Limited Liability Company (Attachments: #1 Exhibit Ex. 1 - Plaintiff's Cook County Complaint, #2 Exhibit Ex. 2 - Aff. of Service 8.18.2023, #3 Exhibit Ex. 3 - NoF of Notice of Removal filed in Cook County, #4 Exhibit Ex. 4 - Pennsylvania Dept. of State Proof of Organization in PA)(Faber, Bradley) |
| Filing 4 ATTORNEY Appearance for Defendant Elite Transit Solutions, LLC, a Pennsylvania Limited Liability Company by Bradley Edwin Faber on behalf of Attorney Lynne M. Mueller (Faber, Bradley) |
| Filing 3 ATTORNEY Appearance for Defendant Elite Transit Solutions, LLC, a Pennsylvania Limited Liability Company by Bradley Edwin Faber (Faber, Bradley) |
| Filing 2 CIVIL Cover Sheet (Faber, Bradley) |
| Filing 1 NOTICE of Removal from Cook County, case number (2023L007673) filed by Elite Transit Solutions, LLC, a Pennsylvania Limited Liability Company Filing fee $ 402, receipt number AILNDC-21085175. (Attachments: #1 Exhibit Ex 1, #2 Ex 2, #3 Ex 3, #4 Ex 4)(Faber, Bradley) |
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