Webster Capital Finance, Inc., a Connecticut corporation v. Truck & Trailer Leasing Avenue LLC, an Illinois limited liability company et al
| Webster Capital Finance, Inc., a Connecticut corporation and Webster Capital Finance, Inc. |
| Truck & Trailer Leasing Avenue LLC, an Illinois limited liability company, Pigeon Freight Services, Inc., an Illinois corporation, Sergiu Tintuic, PLD Transport, Inc., an Arkansas corporation, Truck & Trailer Leasing Avenue LLC, Pigeon Freight Services, Inc. and PLD Transport, Inc. |
| 1:2024cv00976 |
| February 2, 2024 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Notice by Webster Capital Finance, Inc. NOTICE OF BANKRUPTCY OF DEFENDANT TRUCK & TRAILER LEASING AVENUE LLC (Felton, Thadford) |
| Filing 17 CERTIFICATE of Service by Onyinyechukwu Koplan Nwabuoku on behalf of Webster Capital Finance, Inc., a Connecticut corporation regarding request for default #16 (Nwabuoku, Onyinyechukwu) |
| Filing 16 REQUEST For Default summons returned executed #12 , summons returned executed #15 , summons returned executed #13 , summons returned executed #14 Request to Clerk's Entry of Default (Felton, Thadford) |
| Filing 15 SUMMONS Returned Executed by Webster Capital Finance, Inc., a Connecticut corporation as to PLD Transport, Inc., an Arkansas corporation on 2/14/2024, answer due 3/6/2024. (Felton, Thadford) |
| Filing 14 SUMMONS Returned Executed by Webster Capital Finance, Inc., a Connecticut corporation as to Pigeon Freight Services, Inc., an Illinois corporation on 2/13/2024, answer due 3/5/2024. (Felton, Thadford) |
| Filing 13 SUMMONS Returned Executed by Webster Capital Finance, Inc., a Connecticut corporation as to Truck & Trailer Leasing Avenue LLC, an Illinois limited liability company on 2/13/2024, answer due 3/5/2024. (Felton, Thadford) |
| Filing 12 SUMMONS Returned Executed by Webster Capital Finance, Inc., a Connecticut corporation as to Sergiu Tintuic on 2/11/2024, answer due 3/4/2024. (Felton, Thadford) |
| Filing 11 MEMORANDUM set deadlines,,,,,,,,, #9 by Webster Capital Finance, Inc., a Connecticut corporation Jurisdictional Memorandum (Attachments: #1 Exhibit A, #2 Exhibit B)(Felton, Thadford) |
| Filing 10 EXHIBIT by Plaintiff Webster Capital Finance, Inc., a Connecticut corporation Exhibit I (redacted) regarding complaint, #1 (Felton, Thadford) |
| Filing 9 MINUTE entry before the Honorable John F. Kness: Plaintiff commenced this lawsuit on 02/02/2024 on the basis of diversity jurisdiction #1 . The Court cannot preside over this case without first determining whether it is properly before this Court under the diversity jurisdiction conferred by statute. Federal courts, as courts of limited jurisdiction, must ensure that all statutory requirements are met before exercising jurisdiction. See Page v. Democratic Nat'l Comm., 2 F.4th 630, 634 (7th Cir. 2021) (quoting Great S. Fire Proof Hotel Co. v. Jones, 177 U.S. 449, 453 (1900) ("On every writ of error or appeal, the first and fundamental question is that of jurisdiction.... This question the court is bound to ask and answer for itself, even when not otherwise suggested, and without respect to the relation of the parties to it.")). A federal court can exercise diversity jurisdiction if the Plaintiff can show that the amount in controversy exceeds $75,000 and complete diversity of citizenship exists (that is, no plaintiff and defendant are domiciled in the same state). See 28 U.S.C. 1332(a); Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267 (1806). In this case, Plaintiff has adequately alleged that the amount in controversy exceeds $75,000. (Dkt. 1 6.) But Plaintiff has not pleaded enough information on the citizenship of all Defendants. In particular, Plaintiff is reminded that an LLC takes the citizenship of each of its members. See Wise v. Wachovia Sec., LLC, 450 F.3d 265, 267 (7th Cir. 2006). The complaint states that Defendant Truck & Trailer Leasing Avenue LLC is an Illinois limited liability company with its principal place of business in Illinois, but it does not disclose the membership of the LLC and the domicile of each member. Accordingly, because Plaintiff has not alleged facts sufficient for this court to determine whether diversity jurisdiction exists, Plaintiff is directed to file a jurisdictional memorandum on or before 3/8/2024 disclosing the identity of the members of Truck & Trailer Leasing Avenue LLC and their domiciles. If Plaintiff lacks information concerning the membership of Defendant Truck & Trailer Leasing Avenue LLC, Plaintiff should note this fact in its jurisdictional memorandum. Mailed notice. (exr, ) |
| Filing 8 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion to seal document #7 is granted. Exhibit I to the complaint is placed under seal. Plaintiff is given leave to file a redacted Exhibit I. Mailed notice. (exr, ) |
| Filing 7 MOTION by Plaintiff Webster Capital Finance, Inc., a Connecticut corporation to seal document complaint, #1 Attachment - Exhibit I - Dkt #1-9 (Attachments: #1 Exhibit)(Felton, Thadford) |
| 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. (ksr, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (ksr, ) |
| SUMMONS Issued as to Defendants PLD Transport, Inc., an Arkansas corporation, Pigeon Freight Services, Inc., an Illinois corporation, Sergiu Tintuic, Truck & Trailer Leasing Avenue LLC, an Illinois limited liability company (khg, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Webster Capital Finance, Inc., a Connecticut corporation by Onyinyechukwu Koplan Nwabuoku (Nwabuoku, Onyinyechukwu) |
| Filing 5 Corporate Disclosure Statement STATEMENT by Webster Capital Finance, Inc., a Connecticut corporation (Felton, Thadford) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Webster Capital Finance, Inc., a Connecticut corporation (Felton, Thadford) |
| Filing 3 ATTORNEY Appearance for Plaintiff Webster Capital Finance, Inc., a Connecticut corporation by Thadford A. Felton (Felton, Thadford) |
| Filing 2 CIVIL Cover Sheet (Felton, Thadford) |
| Filing 1 COMPLAINT filed by Webster Capital Finance, Inc., a Connecticut corporation ; Filing fee $ 405, receipt number AILNDC-21601969. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Felton, Thadford) |
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