Equipment Leasing Group of America LLC v. Pure Midstream LLC et al
| Attorney Equipment Leasing Group of America LLC |
| Pure Midstream LLC, Pure Aviation LLC (WY), Pure Aviation LLC(MT), Pure Aviation AP, LLC and Carlo Domenic DiMarco |
| 1:2023cv16099 |
| November 17, 2023 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Contract: Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Negotiable Instrument |
| None |
Docket Report
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| Filing 28 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants the Agreed Motion for an Extension of Time for Plaintiff to Answer or Otherwise Plead to Defendants' Counterclaims #26 . The briefing schedule shall be amended as follows: On or before 01/22/2024, Plaintiff shall either file a Second Amended Complaint or an answer or other pleading to Defendants' counterclaims. If Plaintiff files a Second Amended Complaint, Defendants shall file an answer or otherwise plead to the Second Amended Complaint on or before 02/12/2024. Emailed notice (axc). |
| Filing 27 NOTICE by Equipment Leasing Group of America LLC re MOTION by Plaintiff Equipment Leasing Group of America LLC for extension of time to file answer or otherwise plead to Defendants' Counterclaims #26 (Moody, Michael) |
| Filing 26 MOTION by Plaintiff Equipment Leasing Group of America LLC for extension of time to file answer or otherwise plead to Defendants' Counterclaims (Moody, Michael) |
| Filing 25 AFFIDAVIT of Service filed by Plaintiff Equipment Leasing Group of America LLC regarding Alias Summons and Amended Complaint served on Pure Aviation LLC c/o Registered Agents Inc on December 19, 2023 (Moody, Michael) |
| Filing 24 AFFIDAVIT of Service filed by Plaintiff Equipment Leasing Group of America LLC regarding Alias Summons and Amended Complaint served on Pure Aviation AP LLC c/o Registered Agents Inc on December 19, 2023 (Moody, Michael) |
| Filing 23 AFFIDAVIT of Service filed by Plaintiff Equipment Leasing Group of America LLC regarding Alias Summons and Amended Complaint served on Pure Midstream LLC c/o Registered Agents, Inc on December 19, 2023 (Moody, Michael) |
| Filing 22 AFFIDAVIT of Service filed by Plaintiff Equipment Leasing Group of America LLC regarding Alias Summons and Amended Complaint served on Pure Aviation LLC c/o Registered Agent on December 20, 2023 (Moody, Michael) |
| Filing 21 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 20 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the Status Report #19 and is satisfied with Plaintiff's response to the Court's jurisdictional questions #11 , #14 . On or before 01/22/2024, the Plaintiff shall file an amended complaint incorporating its response in the Status Report #19 to the Court's jurisdictional questions. Emailed notice (axc). |
| Filing 19 STATUS Report by Equipment Leasing Group of America LLC (Moody, Michael) |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Defendants (Helenhouse, James) |
| Filing 17 RESPONSE by Defendants Carlo Domenic DiMarco, Pure Aviation AP, LLC, Pure Aviation LLC (WY), Pure Aviation LLC(MT), Pure Midstream LLC (Helenhouse, James) |
| Filing 16 ATTORNEY Appearance for Defendants Carlo Domenic DiMarco, Pure Aviation AP, LLC, Pure Aviation LLC (WY), Pure Aviation LLC(MT), Pure Midstream LLC by Stephen J. Rynn (Rynn, Stephen) |
| Filing 15 ATTORNEY Appearance for Defendants Carlo Domenic DiMarco, Pure Aviation AP, LLC, Pure Aviation LLC (WY), Pure Aviation LLC(MT), Pure Midstream LLC by James Daniel Helenhouse (Helenhouse, James) |
| ALIAS SUMMONS Issued as to Defendants Carlo Domenic DiMarco, Pure Aviation AP, LLC, Pure Aviation LLC (WY), Pure Aviation LLC(MT), Pure Midstream LLC (smb, ) |
| Filing 14 MINUTE entry before the Honorable Franklin U. Valderrama: Upon review of the Plaintiff's amended complaint #13 , the Court finds the jurisdictional statement confusing. Specifically, the amended complaint states that "Pure Midstream is domiciled in the State of Wyoming and is a citizen of Illinois." R. 13, Am. Compl. at 2. Then later the amended complaint states that Pure Midstream "is owned by Carlo Domenic DiMarco and Kacie Retzlaff," both of which are allegedly domiciled in and citizens of Texas. Id. The Seventh Circuit has held that "the citizenship of an LLC for purposes of the diversity jurisdiction is the citizenship of its members." Calchi v. TopCo Assocs., LLC, 2023 WL 3863355, at *4 (N.D. Ill. June 7, 2023) (citing Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998)). And "[i]n federal law citizenship means domicile," Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). Here, that would mean that Pure Midstream is a citizen of Texas. "Sometimes the members of an LLC are themselves LLCs. In that case, district courts must continue to drill down until they hit jurisdictional bedrock (meaning a corporation or a natural person). That is, citizenship 'must be traced through however many layers of partners or members there may be.'" Id. at *5. "Once the court sounds the alarm, the litigants must be precise." Id. Plaintiff further only alleges that it is a LLC "domiciled in the State of Illinois and is a citizen of Illinois." Am. Compl. 1. Plaintiff then alleges that Defendant Pure Aviation AP, LLC is a LLC "owned" by Pure Aviation LLC, which is a Texas LLC, and Meysu, LLC, which is a Nevada LLC. Id. 5. The Court, therefore, orders Plaintiff to confirm the members and their citizenship for all LLC Parties, namely the LLC for Plaintiff and Meysu LLC. On or before 12/21/2023, Plaintiff shall file a status report addressing the Court's remaining jurisdictional inquiries. Emailed notice (axc). |
| Filing 13 AMENDED complaint by Equipment Leasing Group of America LLC against Carlo Domenic DiMarco, Pure Aviation AP, LLC, Pure Aviation LLC (WY), Pure Aviation LLC(MT), Pure Midstream LLC (Attachments: #1 Exhibit A- Executed Financing Agreement, #2 Exhibit B- UCC 1 and 3, #3 Exhibit C- Executed Guaranties, #4 Exhibit D- payoff letter 9.6.23, #5 Exhibit E-ELGA Demand Letter 9.21.23, #6 Notice of Filing)(Moody, Michael) |
| Filing 12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Equipment Leasing Group of America LLC (Moody, Michael) |
| Filing 11 MINUTE entry before the Honorable Franklin U. Valderrama: Upon review of the complaint #1 , the Court orders the following jurisdictional inquiry. Plaintiff's complaint relies on diversity jurisdiction and alleges that Defendants Pure Midstream is a Wyoming limited liability company, Pure Aviation (WY) is a Wyoming limited liability company, Pure Aviation (MT) is a Montana limited liability company, and Pure Aviation AP is a Wyoming limited liability company (collectively "the LLC Defendants"). R. 1, Compl. at 1-2. For diversity purposes, "[a]n LLC's citizenship is not like that of a corporation; instead an LLC is a citizen of every state where its members are citizens." Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). However, there is no allegation identifying all the members and their citizenship for each of the LLC Defendants. On or before 12/6/2023, the Plaintiff shall file an amended complaint identifying each of the LLC Defendants' members and their citizenship. Emailed notice (axc). |
| Filing 10 ATTORNEY Appearance for Plaintiff Equipment Leasing Group of America LLC by Michael C. Moody (Moody, Michael) |
| Filing 9 CIVIL Cover Sheet (Moody, Michael) |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 01/31/2024 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Emailed notice (axc). |
| SUMMONS Issued as to Defendants Carlo Domenic DiMarco, Pure Aviation AP, LLC, Pure Aviation LLC (WY), Pure Aviation LLC(MT), Pure Midstream LLC (mcp, ) |
| Filing 7 SUMMONS Returned Unexecuted by Equipment Leasing Group of America LLC as to Carlo Domenic DiMarco. (Moody, Michael) |
| Filing 6 SUMMONS Returned Unexecuted by Equipment Leasing Group of America LLC as to Pure Aviation LLC(MT). (Moody, Michael) |
| Filing 5 SUMMONS Returned Unexecuted by Equipment Leasing Group of America LLC as to Pure Aviation LLC (WY). (Moody, Michael) |
| Filing 4 SUMMONS Returned Unexecuted by Equipment Leasing Group of America LLC as to Pure Aviation AP, LLC. (Moody, Michael) |
| Filing 3 SUMMONS Returned Unexecuted by Equipment Leasing Group of America LLC as to Pure Midstream LLC. (Moody, Michael) |
Filing 2
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Attorney Equipment Leasing Group of America LLC is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (mcp, )
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| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (mcp, ) |
| 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. (mcp, ) |
| Filing 1 COMPLAINT filed by Equipment Leasing Group of America LLC; Filing fee $ 402, receipt number AILNDC-21345076. (Attachments: #1 Exhibit A- Executed Financing Agreement, #2 Exhibit B- UCC 1 and 3, #3 Exhibit C- Executed Guaranties, #4 Exhibit D- payoff letter 9.6.23, #5 Exhibit E-ELGA Demand Letter 9.21.23)(Moody, Michael) |
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