Blackwell et al v. Artis Senior Living of Lakeview, LLC
| Carolyn Blackwell and Keewandas Johnson |
| Artis Senior Living of Lakeview, LLC |
| 1:2024cv01958 |
| March 7, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 STATUS Report Joint Initial by Carolyn Blackwell, Keewandas Johnson (Feuer, Adam) |
| Filing 14 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the second amended complaint, it still fails to adequately plead subject matter jurisdiction. Plaintiffs state that "diligent research" has failed to reveal information about the identity of some members in the "complicated series of shell, unincorporated companies" behind the defendant. 2nd Am. Compl. 18, 22, 27. Because the plaintiff does not know the identities and citizenships of all members of each LLC in the ownership structure, the plaintiff has not adequately alleged diversity. Qin v. Deslongchamps, 31 F.4th 576, 581 (7th Cir. 2022). In Dancel v. Groupon, Inc., 940 F.3d 381, 386 (7th Cir. 2019), however, the Seventh Circuit approved of granting discovery limited to addressing whether there is diversity of citizenship. In light of Plaintiffs' inability to allege diversity of citizenship despite diligent efforts, the Court deems this to be an appropriate case to permit limited jurisdictional discovery. On or before 4/19/24, Plaintiffs may serve interrogatories to Defendant limited to the issue of the Defendant's citizenship. Defendant's response to such interrogatories is due by 5/17/24. Plaintiffs are granted leave to file a third amended complaint by 6/7/24. Mailed notice (air, ) |
| Filing 13 SECOND AMENDED complaint by Carolyn Blackwell, Keewandas Johnson against Artis Senior Living of Lakeview, LLC (Feuer, Adam) |
| Filing 12 ATTORNEY Appearance for Defendant Artis Senior Living of Lakeview, LLC by Jason A. Selvey (Selvey, Jason) |
| Filing 11 ATTORNEY Appearance for Defendant Artis Senior Living of Lakeview, LLC by Alexander Scott Dahle (Dahle, Alexander) |
| Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the first amended complaint #9 , it fails to adequately plead subject matter jurisdiction. The complaint states that Artis Holdings, LLC is the sole member of defendant Artis Senior Living of Lakeview, LLC, but this information is insufficient for the Court to assess the claim of citizenship of defendant Artis Senior Living of Lakeview, LLC because the first amended complaint does not explain the basis for the claim that Artis Holdings, LLC is a citizen of Maryland. As Artis Holdings, LLC is a limited liability company, the complaint should list the members of Artis Holdings, LLC and their citizenships. Accordingly, the plaintiff is granted leave to amend to address this issue by 4/2/24. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| Filing 9 FIRST AMENDED complaint by Carolyn Blackwell, Keewandas Johnson against Artis Senior Living of Lakeview, LLC (Feuer, Adam) |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 4/15/2024. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 7 SUMMONS Returned Executed by Carolyn Blackwell, Keewandas Johnson as to Artis Senior Living of Lakeview, LLC on 3/11/2024, answer due 4/1/2024. (Feuer, Adam) |
| Filing 6 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the complaint, it fails to adequately plead subject matter jurisdiction. The complaint asserts jurisdiction pursuant to 28 U.S.C. 1332; however; the complaint does not include sufficient information to assess the claims of citizenship of defendant Artis Senior Living of Lakeview, LLC. A limited liability company or other unincorporated association is a citizen of every state in which its members are citizens. See Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equip. Co., 759 F.3d 787, 788 (7th Cir. 2014). Accordingly, the plaintiff is granted leave to amend to address this issue by 3/25/2024. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| 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. (vkm, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (vkm, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Carolyn Blackwell, Keewandas Johnson by Samuel Louis Eirinberg (Eirinberg, Samuel) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Carolyn Blackwell, Keewandas Johnson by Majdi Y. Hijazin (Hijazin, Majdi) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Carolyn Blackwell, Keewandas Johnson by Nick Heath Wooten (Wooten, Nick) |
| Filing 2 ATTORNEY Appearance for Plaintiffs Carolyn Blackwell, Keewandas Johnson by Adam J. Feuer (Feuer, Adam) |
| Filing 1 COMPLAINT filed by Carolyn Blackwell, Keewandas Johnson; Jury Demand. Filing fee $ 405, receipt number AILNDC-21721843. (Attachments: #1 Civil Cover Sheet)(Feuer, Adam) |
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