SCP Distributors LLC v. Dutch Barn, LLC et al
| SCP Distributors LLC |
| Dutch Barn, LLC, Courtney Schild and Theresa Schild |
| 1:2024cv00817 |
| January 30, 2024 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 26, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 STATEMENT by Dutch Barn, LLC, Courtney Schild, Theresa Schild Regarding Citizenship of Individual Defendants (Dwayne, Nicholas) |
| Filing 24 ANSWER to Complaint by Dutch Barn, LLC, Courtney Schild, Theresa Schild(Dwayne, Nicholas) |
| Filing 23 ATTORNEY Appearance for Defendants Courtney Schild, Theresa Schild by Nicholas Richard Dwayne (Dwayne, Nicholas) |
| Filing 22 STATEMENT by Dutch Barn, LLC, Courtney Schild, Theresa Schild (Dwayne, Nicholas) |
| Filing 21 MINUTE entry before the Honorable Steven C. Seeger: Defendants' motion for an extension of time (Dckt. No. #17 ) is hereby granted. As proposed, the responses to the complaint are due by March 26, 2024. The motion says that "Defendants dispute the adequacy of Plaintiff's alleged service on the Individual Defendants." This Court does not know the backstory. But most of the time, parties should work out any issues about service of process. The Court directs the parties to meet and confer about any lingering issues about service of process. If the individual defendants believe that they were not properly served, then they could remedy that issue by waiving service of process. Most of the time, service of process isn't worth arguing about. The parties must file a statement by March 20, 2024, and address whether they have resolved all issues about service of process. If the individual defendants believe that they were not properly served, and if the individual defendants are unwilling to waive service of process, then they must file a statement and explain why. The Court expects all parties in all of its cases to work together cooperatively on service of process. Mailed notice (jjr, ) |
| Filing 20 ATTORNEY Appearance for Defendant Dutch Barn, LLC by Adam Phillip Silverman (Silverman, Adam) |
| Filing 19 WAIVER OF SERVICE returned executed by SCP Distributors LLC. Courtney Schild waiver sent on 2/27/2024, answer due 4/29/2024; Theresa Schild waiver sent on 2/27/2024, answer due 4/29/2024. (Smith, Marc) |
| Filing 18 ATTORNEY Appearance for Defendant Dutch Barn, LLC by Nicholas Richard Dwayne (Dwayne, Nicholas) |
| Filing 17 MOTION by Defendant Dutch Barn, LLC for extension of time to file answer regarding complaint #1 or otherwise plead (Dwayne, Nicholas) |
| Filing 16 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's supplemental jurisdictional statement. (Dckt. No. #9 ) Plaintiff believes that Theresa Schild and Courtney Schild are the only members of defendant Dutch Barn, LLC. No later than one week after responding to the complaint, Dutch Barn LLC must file a statement identifying all of its members and revealing their citizenship. Mailed notice (jjr, ) |
| Filing 15 SUMMONS Returned Executed by SCP Distributors LLC as to Theresa Schild on 2/6/2024, answer due 2/27/2024. (Smith, Marc) |
| Filing 14 SUMMONS Returned Executed by SCP Distributors LLC as to Courtney Schild on 2/6/2024, answer due 2/27/2024. (Smith, Marc) |
| Filing 13 SUMMONS Returned Executed by SCP Distributors LLC as to Dutch Barn, LLC on 2/6/2024, answer due 2/27/2024. (Smith, Marc) |
| Filing 12 AFFIDAVIT of Service filed by Plaintiff SCP Distributors LLC regarding Summons and Complaint served on Theresa Schild on 02/06/2024 (Smith, Marc) |
| Filing 11 AFFIDAVIT of Service filed by Plaintiff SCP Distributors LLC regarding Summons and Complaint served on Courtney Schild on 02/06/2024 (Smith, Marc) |
| Filing 10 AFFIDAVIT of Service filed by Plaintiff SCP Distributors LLC regarding Summons and Complaint served on David W. Glover/Dutch Barn, LLC on 02/06/2024 (Smith, Marc) |
| Filing 9 Supplemental Jurisdictional Statement STATEMENT by SCP Distributors LLC (Smith, Marc) |
| Filing 8 MINUTE entry before the Honorable Steven C. Seeger: The Court took a look at the complaint, which invokes this Court's diversity jurisdiction. Plaintiff SCP Distributors LLC filed suit against Defendants Dutch Barn LLC, Courtney Schild, and Theresa Schild. The jurisdictional allegations are inadequate because this Court does not know all of the members of Defendant Dutch Barn LLC. The complaint alleges that Dutch Barn LLC is an Illinois limited liability company (which makes no jurisdictional difference) with a principal place of business in Illinois (same). For an LLC, it makes no difference where it is registered, or where it has its principle place of business. For jurisdictional purposes, an LLC and a corporation stand on different footings. A corporation is a citizen where it is incorporated and where it has its principal place of business. See West v. Louisville Gas & Elec. Co., 951 F.3d 827, 830 (7th Cir. 2020). Not so for an LLC. A limited liability company is a citizen wherever its members are citizens. For an LLC, the citizenship of its members is all that matters. See Belleville Catering Co. v. Champaign Mkt. Place, LLC, 350 F.3d 691, 692 (7th Cir. 2003); Martin v. Living Essentials, LLC, 653 Fed. Appx. 482, 485 (7th Cir. 2016) ("[T]he home 'base' of a limited liability company, or LLC, is irrelevant, given that an LLC has the citizenship of each of its members."); Thomas v. Guardmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) ("For diversity jurisdictional purposes, the citizenship of an LLC is the citizenship of each of its members."); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998) ("[T]he citizenship of an LLC for purposes of the diversity jurisdiction is the citizenship of its members."); Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equip. Co., 759 F.3d 787, 787-88 (7th Cir. 2014). The complaint alleges that Theresa Schild and Courtney Schild are members of Dutch Barn LLC, and that they are citizens of Illinois. That's close, but not quite enough. This Court needs to know if there are any other members, and if so, where they are citizens. By the look of things, this Court does have enough information about the citizenship of Plaintiff SCP Distributors LLC, because its members are citizens of Delaware and Louisiana. The Court directs Plaintiff to file a supplemental jurisdictional statement by February 16, 2024. Mailed notice. (jjr, ) |
| Filing 7 MINUTE entry before the Honorable Steven C. Seeger: There is no need for a certificate of service for a court filing when all parties of record receive a copy through CM/ECF. Under the Local Rules, "[a] certificate of service is required only when service of a document filed on the Court's E-Filing system is made on a recipient who is not an E-Filer listed on the docket of the proceeding." See L.R. 5.5(a); see also Fed. R. Civ. P. 5(d)(1)(B) ("No certificate of service is required when a paper is served by filing it with the court's electronic-filing system."). The Court handles service through CM/ECF. In effect, the CM/ECF header is the certificate of service. Save yourself the work, and the trouble. Mailed notice. (jjr, ) |
| Filing 6 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by April 15, 2024. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff SCP Distributors LLC by Brett A Berman (Berman, Brett) |
| Filing 4 ATTORNEY Appearance for Plaintiff SCP Distributors LLC by Marc Craig Smith for Brett Berman (Smith, Marc) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category Two). (lw, ) |
| 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, ) |
| SUMMONS Issued as to Defendants Dutch Barn, LLC, Courtney Schild, Theresa Schild (evw, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff SCP Distributors LLC by Marc Craig Smith (Smith, Marc) |
| Filing 2 CIVIL Cover Sheet (Smith, Marc) |
| Filing 1 COMPLAINT filed by SCP Distributors LLC; Filing fee $ 405, receipt number AILNDC-21585366. (Attachments: #1 Exhibit A)(Smith, Marc) |
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