Amerisure Insurance Company et al v. Premier Design + Build Group, LLC et al
| Amerisure Insurance Company and Amerisure Mutual Insurance Company |
| Premier Design + Build Group, LLC and MG East LLC |
| 1:2023cv16006 |
| November 15, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 Diversity-Declaratory Judgement |
| None |
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| Filing 9 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 8 First AMENDED complaint by Amerisure Insurance Company, Amerisure Mutual Insurance Company against MG East LLC, Premier Design + Build Group, LLC (Attachments: #1 Exhibit A - Underlying Complaint, #2 Exhibit B - BPCC GC Contract, #3 Exhibit C-1 Design & Build Group CPP Policy, #4 Exhibit C-2 Design & Build Group CPP Policy, #5 Exhibit C-3 Design & Build Group CPP Policy, #6 Exhibit C-4 Design & Build Group CPP Policy, #7 Exhibit C-5 Design & Build Group CPP Policy, #8 Exhibit C-6 Design & Build Group CPP Policy, #9 Exhibit C-7 Design & Build Group CPP Policy, #10 Exhibit C-8 Design & Build Group CPP Policy, #11 Exhibit C-9 Design & Build Group CPP Policy, #12 Exhibit C-10 Design & Build Group CPP Policy, #13 Exhibit C-11 Design & Build Group CPP Policy, #14 Exhibit C-12 Design & Build Group CPP Policy, #15 Exhibit D-1 2015-2020 Premier Design & Build Group CU Policies, #16 Exhibit D-2 2020-2023 Premier Design & Build Group CU Policies)(Elder, Donald) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr: The complaint fails to adequately invoke the Court's subject matter jurisdiction. The citizenship of an LLC is the citizenship of each of its members; therefore, "an LLC's jurisdictional statement must identify the citizenship of each of its members." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). The plaintiff's complaint does not identify the citizenship of defendant MG East LLC's member(s) and therefore falls short of the requisite showing, and the Court cannot exercise jurisdiction. The plaintiff is directed to file an amended complaint curing this defect by 12/7/23. Failure to do so may result in the dismissal of this case. Mailed notice (air, ) |
| 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. (axk, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (axk, ) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Amerisure Insurance Company, Amerisure Mutual Insurance Company by Kevin Alexander Wenzel (Wenzel, Kevin) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Amerisure Insurance Company, Amerisure Mutual Insurance Company by Brett L. Warning (Warning, Brett) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Amerisure Insurance Company, Amerisure Mutual Insurance Company (Elder, Donald) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Amerisure Insurance Company, Amerisure Mutual Insurance Company by Donald E. Elder (Elder, Donald) |
| Filing 2 CIVIL Cover Sheet (Elder, Donald) |
| Filing 1 COMPLAINT For Declaratory Judgment filed by Amerisure Insurance Company, Amerisure Mutual Insurance Company; Filing fee $ 402, receipt number AILNDC-21335707. (Attachments: #1 Exhibit A - Underlying Complaint, #2 Exhibit B - BPCC GC Contract, #3 Exhibit C-1 Design & Build Group CPP Policy_Redacted, #4 Exhibit C-2 Design & Build Group CPP Policy_Redacted, #5 Exhibit C-3 Design & Build Group CPP Policy_Redacted, #6 Exhibit C-4 Design & Build Group CPP Policy_Redacted, #7 Exhibit C-5 Design & Build Group CPP Policy_Redacted, #8 Exhibit C-6 Design & Build Group CPP Policy_Redacted, #9 Exhibit C-7 Design & Build Group CPP Policy_Redacted, #10 Exhibit C-8 Design & Build Group CPP Policy_Redacted, #11 Exhibit C-9 Design & Build Group CPP Policy_Redacted, #12 Exhibit C-10 Design & Build Group CPP Policy_Redacted, #13 Exhibit C-11 Design & Build Group CPP Policy_Redacted, #14 Exhibit C-12 Design & Build Group CPP Policy_Redacted, #15 Exhibit D-1 2015-2020 Premier Design & Build Group CU Policies, #16 Exhibit D-2 2020-2023 Premier Design & Build Group CU Policies)(Elder, Donald) |
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