Juneja v. Ghostaurant LLC et al
| Ana Juneja |
| Ghostaurant LLC and Jonathan Register |
| 1:2023cv16286 |
| November 28, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| P.I.: Assault Libel & Slander |
| 28 U.S.C. ยง 1332 Diversity-Libel,Assault,Slander |
| None |
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| Filing 7 EMAILED REMAND Letter with certified copy of Order dated 12/22/23 to Circuit Court of Cook County. (gcy, ) |
Filing 6
ORDER: The court has reviewed defendants' jurisdictional statement #5 . Defendants request that the case be remanded because all the parties have citizenship in Florida. As a result, this court does not have jurisdiction. See 28 U.S.C. 1332. This case is remanded to the Circuit Court of Cook County. The Clerk of Court is directed to remand this case to the Circuit Court of Cook County. Civil case terminated. Signed by the Honorable Martha M. Pacold on 12/22/2023:Mailed notice(gcy, )
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| Filing 5 Jurisdictional Statement by Ghostaurant LLC, Jonathan Register (Russell, Erin) |
| Filing 4 MINUTE entry before the Honorable Martha M. Pacold: The court has received the notice of removal #1 , which invokes this court's diversity jurisdiction. Defendant is ordered to confer with plaintiff's counsel and show cause by 12/15/23 why this case should not be remanded for lack of subject matter jurisdiction. The complaint does not properly allege the citizenship of the plaintiff. It states that plaintiff "is a citizen of the State of Illinois." This fails to establish citizenship for an individual. An individual's citizenship is his domicile. To establish domicile, there must be "physical presence in a state, with an intent to remain there." Denlinger v. Brennan, 87 F.3d 214 (7th Cir. 1996). Likewise, defendant has failed to establish the citizenship of Ghostaurant, LLC. The notice of removal states, "Defendant Ghostaurant, LLC is a Florida limited liability company with its principal place of business in Florida. (Ex. E, F) Because an incorporated entity takes the citizenship of the state in which it is incorporated and its principal place of business, Ghostaurant is a citizen of Florida for diversity purposes." This information does not establish Ghostaurant, LLC'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 12/15/23 that properly establishes diversity of citizenship between the plaintiff and the defendant. This statement shall include the citizenship of all parties, including the identity of each of Ghostaurant, LLC's members and their citizenships. Failure to comply will result in remand for lack of subject matter jurisdiction. (rao, ) |
| Filing 3 CIVIL Cover Sheet (Russell, Erin) |
| Filing 2 ATTORNEY Appearance for Defendants Ghostaurant LLC, Jonathan Register by Erin Kathryn Russell (Russell, Erin) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County Illinois, case number (2023L010947) filed by Ghostaurant LLC, Jonathan Register Filing fee $ 402, receipt number AILNDC-21366731. (Attachments: #1 Exhibit A - Cook County docket report, #2 Exhibit B - Cook County complaint, #3 Exhibit C - Ghostaurant summons served, #4 Exhibit D - Register summons, #5 Exhibit E - Declaration of Jonathan Register, #6 Exhibit F - Ghostaurant SunBiz record)(Russell, Erin) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3). (mcp, ) |
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