Millenium Airship, Inc v. Tarpey Wix, LLC
| Millenium Airship, Inc |
| Tarpey Wix, LLC |
| 1:2023cv16218 |
| November 24, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Insurance |
| 28 U.S.C. ยง 1332 Diversity - Legal Malpractice |
| Defendant |
Docket Report
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| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: The parties' joint motion to stay case pending the underlying appeal in the California state case #10 is granted. The tracking status hearing of 01/26/2024 is reset to 03/15/2024 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 a joint status report by 03/07/2024 reporting on the status of the appeal, including details on the briefing schedule. Emailed notice (mw, ) |
| Filing 12 NOTICE of Motion by Kimberly Elizabeth Blair for presentment of motion to stay #10 before Honorable Edmond E. Chang on 1/16/2024 at 08:30 AM. (Blair, Kimberly) |
| Filing 11 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 10 MOTION by Defendant Tarpey Wix, LLC to stay (Joint Motion) to Stay Pending Underlying Case and per Standstill Agreement (Blair, Kimberly) |
| Filing 9 MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the Jurisdictional Statement, R. 7, diversity of citizenship is now confirmed. (2.) On review of the initial status report, R. 8, it is not clear why the parties did not use the required template at R. 6-1. In any event, unless the Court has missed it, there is no indication of a proposed answer or Rule 12 deadline, though the report says that the defense intends on filing a Rule 12(b)(6) motion. Under Civil Rule 81(c)(2), it appears that the response to the complaint is overdue. In any event, the motion to dismiss is due on 01/17/2024. If the motion is going to raise the statute of limitations, then the parties should note that Rule 12(b)(6) is not the proper vehicle; at best, Rule 12(c) could be proper if the limitations problem appears on the face of the complaint and no discovery is needed to resolve the affirmative defense. The tracking status hearing of 12/29/2023 is reset to 01/26/2024 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 a status report by 01/19/2024. Mailed notice (cn). |
| Filing 8 STATUS Report (Joint Initial Status Report) by Millenium Airship, Inc (Katz, Jefferey) |
| Filing 7 Joint Jurisdictional Statement by Millenium Airship, Inc and Tarpey Wix, LLC (Katz, Jefferey) |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: (1.) On review of the notice of removal, R. 1, which relies on diversity jurisdiction, as well as the state court complaint, the Court issues the following jurisdictional inquiries. The Defendant relies on paragraph 9 of the complaint to say that the "Plaintiff admits that it is a citizen of the State of Washington." R. 1, para. 11. But the complaint only alleges that the Plaintiff is a "resident" of Washington. Compl. para. 9. Residency is not necessarily the same as citizenship, which turns on domicile. Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012) (diversity citizenship depends on domicile, not residency). For corporations, like the Plaintiff, citizenship is determined by the corporation's state of incorporation and its "principal place of business." 28 U.S.C. 1332(c)(1). In order to confirm diversity jurisdiction, the parties shall file a Joint Jurisdictional Memorandum describing the Plaintiff's citizenship by 12/18/2023. Also, in the notice of removal, the Defendant writes that it is "an LLC with it principal place of business in Illinois" and that "no member of the LLC is a resident or domiciled" in Washington. R. 1, para. 13, 14. But the Defendant has not specified the identities and citizenships of each of its members. See Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006) ("The citizenship for diversity purposes of a limited liability company... is the citizenship of each of its members. "); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) (discussing the court's order that a party provide "a complete disclosure of its members' identities and citizenships"). Thus, to ascertain whether the Court has diversity jurisdiction, the Jurisdictional Memorandum must also identify the LLC's members' identities and citizenships. (2.) Initial tracking status hearing set for 12/29/2023 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 12/22/2023. 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 (or the parties, if proceeding pro se) 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 (or the party, if proceeding pro se) 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 5 ATTORNEY Appearance for Plaintiff Millenium Airship, Inc by Jefferey Ogden Katz (Katz, Jefferey) |
| Filing 4 CIVIL Cover Sheet (Blair, Kimberly) |
| Filing 3 ATTORNEY Appearance for Defendant Tarpey Wix, LLC by Kimberly Elizabeth Blair (Blair, Kimberly) |
| Filing 2 MAILED notice of removal letter to counsel of record. (nsf, ) |
| 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. (nsf, ) |
| 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. (lw, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category Two). (lw, ) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, IL, case number (2023L010391) filed by Tarpey Wix, LLC Filing fee $ 402, receipt number AILNDC-21359891. (Merlo, Robert) |
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| Plaintiff: Millenium Airship, Inc | |
| Represented By: | Jefferey Ogden Katz |
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| Defendant: Tarpey Wix, LLC | |
| Represented By: | Kimberly Elizabeth Blair |
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