Daniels Sharpsmart, Inc. v. MWT ND OPS LLC d/b/a Monarch Waste Technologies
| Daniels Sharpsmart, Inc. |
| MWT ND OPS LLC d/b/a Monarch Waste Technologies |
| 1:2023cv14203 |
| September 27, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 8 MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the complaint, the Plaintiff relies on diversity jurisdiction. But the citizenship of an LLC is determined by the citizenship of its members, not on the principal place of business, Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006), as alleged in paragraph 3 of the complaint. On or before 11/27/2023, the Plaintiff shall file a Jurisdictional Memorandum that sets forth the membership of the LLC and their citizenship, or otherwise explain why there is jurisdiction over the case. (2.) On review of the status report, R. 7, the Plaintiff shall effectuate service (not move to deem service accomplished) and then may seek costs under Civil Rule 4(d). The Plaintiff shall contact the Defendant one more time with the warning that costs of service shall be imposed if the waiver is not returned by 11/29/2023. The tracking status hearing of 11/17/2023 is reset to 12/15/2023 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 the joint initial status report by 12/08/2023, or the Plaintiff shall file a status report if the Defendant has not appeared. Emailed notice (mw, ) |
| Filing 7 STATUS Report (Initial) by Daniels Sharpsmart, Inc. (Wasserman, Matthew) |
| Filing 6 ATTORNEY Appearance for Plaintiff Daniels Sharpsmart, Inc. by Rebekah Susan Mintzer (Mintzer, Rebekah) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 11/17/2023 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 11/09/2023. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If Defendant has not 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, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Daniels Sharpsmart, Inc. by Michelle Anne Rakestraw (Rakestraw, Michelle) |
| Filing 3 CIVIL Cover Sheet (Wasserman, Matthew) |
| Filing 2 ATTORNEY Appearance for Plaintiff Daniels Sharpsmart, Inc. by Matthew Charles Wasserman (Wasserman, Matthew) |
| Filing 1 COMPLAINT for Breach of Contract filed by Daniels Sharpsmart, Inc.; Filing fee $ 402, receipt number AILNDC-21155070. (Attachments: #1 Exhibit A)(Wasserman, Matthew) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (mek,) |
| 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. (mek,) |
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