Able Masonry Development Co.,v. Hastings Mutual Insurance Company, et al
| ABLE MASONRY DEVELOPMENT CO.,Individually and on behalf of a class of Persons similarly situated and Able Masonry Development Co. |
| HASTINGS MUTUAL INSURANCE COMPANY,, BROWN & BROWN, INC., BROWN AND BROWN OF NORTHERN ILLINOIS, INC., and BROWN & BROWN OF ILLINOIS, INC., Hastings Mutual Insurance Compnay, Brown & Brown Inc, Brown and Brown of Northern Ilinois, Inc and Brown and Brown of Illinois, Inc |
| 1:2024cv01338 |
| February 16, 2024 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Contract: Insurance |
| 12 U.S.C. § 635 Breach of Insurance Contract |
| Defendant |
Docket Report
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| Filing 22 MINUTE entry before the Honorable Lindsay C. Jenkins: Brown & Brown move to dismiss for lack of subject-matter jurisdiction because it contends the claims against it are moot #20 . The Court sets the following briefing schedule: Plaintiff's response is due by April 23, 2024 and Defendant's reply is due by May 7, 2024. Additionally, the Court has reviewed motion and does not believe it addresses all important points of the jurisdictional question. Because the Court has an obligation to ensure it has jurisdiction, it directs Plaintiff in his response and Brown & Brown in its reply to address the following issues, in addition to any other matters: (1) Ordinarily, a defendant in a removed case bears the burden of establishing that federal subject-matter jurisdiction exists. See, e.g., Carroll v. Stryker Corp., 658 F.3d 675, 680 (7th Cir. 2011). Does the standard differ when, as here, a defendant who did not join or consent to the notice of removal challenges subject-matter jurisdiction? (2) Does a finding of mootness under Illinois law as discussed in Joinder v. SVM Management, LLC, 161 N.E.3d 923, 938 (Ill. 2020), also mean that a case is moot for purposes of federal subject-matter jurisdiction? That is, is a "live controversy" under Illinois law identical to (or more limited than) the federal definition of a "live controversy"? (3) If Brown & Brown performed a valid tender on February 9, 2024 in state court, mooting the case under Illinois law, Joinder, 161 N.E.3d at 938, does that impact the validity of removal as to Brown & Brown? (4) If the validity of the tender impacts federal subject-matter jurisdiction, should this Court or the state court make that determination, and is the answer to that question compelled by legal authority or an issue for the Court's discretion? (5) Joiner states that "[w]hen a defendant tenders the relief sought by a named plaintiff prior to a motion for class certification" "the court must dismiss the case if no other plaintiff steps into the named plaintiff's shoes to represent the class." 161 N.E.3d at 936. Under Illinois law, may a new prospective class representative be added to the case, or must there be an already joined plaintiff who can step into the plaintiff's shoes to represent the class? Mailed notice. (jlj, ) |
| Filing 21 MOTION by Defendant Hastings Mutual Insurance Compnay to dismiss Counts II, VI, VII, VIII, IX, XIII and XIV of Plaintiff's Complaint (Fay, Joseph) |
| Filing 20 MOTION by Defendants Brown and Brown of Illinois, Inc, Brown & Brown Inc, Brown and Brown of Northern Ilinois, Inc to dismiss for lack of jurisdiction (Dille, Joshua) |
| Filing 19 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Hastings Mutual Insurance Company has filed four partial motions to dismiss #15 #16 #17 #18 . The Court strikes these motions and directs Hastings Mutual to refile them as a single motion to dismiss by March 27, 2024. Given the motions' brevity, the Court expects that counsel can fit the substance of all four motions into the ordinary 15-page limit. Mailed notice. (jlj, ) |
| Filing 18 MOTION by Defendant Hastings Mutual Insurance Compnay to dismiss Count VIII of Plaintiff's Complaint (Fay, Joseph) |
| Filing 17 MOTION by Defendant Hastings Mutual Insurance Compnay to dismiss Counts VII and XIV of Plaintiff's Complaint (Fay, Joseph) |
| Filing 16 MOTION by Defendant Hastings Mutual Insurance Compnay to dismiss Counts VI and XIII of Plaintiff's Complaint (Fay, Joseph) |
| Filing 15 MOTION by Defendant Hastings Mutual Insurance Compnay to dismiss Counts II and IX of Plaintiff's Complaint (Fay, Joseph) |
| Filing 14 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Hastings Mutual Insurance Compnay(Fay, Joseph) |
| Filing 13 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendants Brown & Brown Inc; Brown and Brown of Illinois, Inc; and Brown and Brown of Northern Illinois, Inc.'s unopposed motion for extension of time #11 is granted. The responsive pleading is now due by March 25, 2024. The status hearing set for April 25, 2024 #8 shall stand. Mailed notice. (jlj, ) (Main Document 13 replaced on 2/22/2024) (jlj, ). |
| Filing 12 ATTORNEY Appearance for Defendants Brown & Brown Inc, Brown and Brown of Illinois, Inc, Brown and Brown of Northern Ilinois, Inc by Joshua Michael Dille (Dille, Joshua) |
| Filing 11 ATTORNEY Appearance for Defendants Brown & Brown Inc, Brown and Brown of Illinois, Inc, Brown and Brown of Northern Ilinois, Inc by John Todd Shapiro (Shapiro, John) |
| Filing 10 MOTION by Defendants Brown & Brown Inc, Brown and Brown of Illinois, Inc, Brown and Brown of Northern Ilinois, Inc for extension of time to file answer (AGREED MOTION FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD) (Kelly, Michael) |
| Filing 9 ATTORNEY Appearance for Defendants Brown & Brown Inc, Brown and Brown of Illinois, Inc, Brown and Brown of Northern Ilinois, Inc by Michael Joseph Kelly (Kelly, Michael) |
| Filing 8 MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Hastings' motion for extension of time #6 to answer is granted. Defendant's responsive pleading is now due by March 25, 2024. In person initial status hearing set for April 25, 2024 at 9:00 a.m. in Courtroom 2119. Initial Status Report shall be filed by April 18, 2024. The report should comply with the requirements set forth in the Initial Status Report standing order, which can be found at Judge Jenkins's web page @ (http://www.ilnd.uscourts.gov, "District Judges", to "Judge Lindsay Jenkins", to "Initial Status Hearings" under Case Management Procedures"). The parties must follow all the standing orders for Judge Jenkins and all Local Rules, which can be found at the same web page. At the Initial Status hearing, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; and (3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Mailed notice. (jlj, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff Able Masonry Development Co. by Glen Joseph Dunn, Jr (Dunn, Glen) |
| Filing 6 MOTION by Defendant Hastings Mutual Insurance Compnay for extension of time to file answer (Fay, Joseph) |
| Filing 5 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, ) |
| Filing 4 Fed.R.CIV.P.7.1 Disclosure Statement by HASTINGS MUTUAL INSURANCE COMPANY, (Fay, Joseph) |
| Filing 3 ATTORNEY Appearance for Defendant HASTINGS MUTUAL INSURANCE COMPANY, by Eric W. Moch (Moch, Eric) |
| Filing 2 ATTORNEY Appearance for Defendant HASTINGS MUTUAL INSURANCE COMPANY, by Joseph Andrew Fay (Fay, Joseph) |
| Filing 1 NOTICE of Removal from Will County Circuit Court, case number (2024-LA-000025) filed by HASTINGS MUTUAL INSURANCE COMPANY, Filing fee $ 405, receipt number AILNDC-21648218. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4a, #5 Exhibit Exhibit 4b, #6 Exhibit Exhibit 5, #7 Civil Cover Sheet)(Fay, Joseph) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 2). (jcm) |
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