MacDonald v. Medline Industries, Inc. et al
| Kelly MacDonald |
| Isomedix Operations, Inc., Vantage Specialty Chemicals, Inc., Medline Industries, L.P., Cosmed Group, Inc., Medline Industries, Inc., Charles N. Mills and James D. Abrams |
| 1:2024cv06405 |
| July 25, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Personal Injury |
| Plaintiff |
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| Document Text |
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Filing 13
EXECUTIVE COMMITTEE ORDER: For reasons of judicial efficiency, coordinated pretrial proceedings in the cases identified on the attached document should be presided over by a single district judge as provided for by IOP 13(e) and that a single magistrate judge should be designated for these cases; and The Hon. Jorge L. Alonso has agreed to preside over these coordinated pretrial proceedings and Magistrate Judge M. David Weisman has agreed to be the designated magistrate judge in these coordinated pretrial proceedings; therefore It is hereby ordered that Judge Alonso shall preside over pretrial proceedings in the cases listed below; and It is further ordered that Magistrate Judge Weisman shall be the designated Magistrate Judge in the cases listed below; and It is further ordered that each of these cases shall remain pending on the calendar of the judge to whom that it is currently assigned, and that an order be entered in each case by Judge Alonso at such time as coordinated pretrial proceedings have concluded; and It is further ordered than any additional cases that may be filed with similar claims and the same defendants shall be part of these coordinated pretrial proceedings. It is further ordered that all pretrial proceedings are to be filed in case 24 CV 7261, IN RE: Ethylene Oxide Coordinated Pretrial Proceedings until further order of the Honorable Jorge L. Alonso. Signed by Executive Committee on 8/16/24. (rp, )
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| Filing 12 ATTORNEY Appearance for Defendant Vantage Specialty Chemicals, Inc. by Jeffrey J. Bushofsky (Bushofsky, Jeffrey) |
| Filing 11 ATTORNEY Appearance for Defendant Vantage Specialty Chemicals, Inc. by Nicholas Martin Berg (Berg, Nicholas) |
| Filing 10 ATTORNEY Appearance for Plaintiff Kelly MacDonald by Brandt Silver-Korn (Silver-Korn, Brandt) |
| Filing 9 ATTORNEY Appearance for Plaintiff Kelly MacDonald by Todd Logan (Logan, Todd) |
| Filing 8 MOTION by Defendant Cosmed Group, Inc. for extension of time to file answer Cosmed's Opposed First Motion for an Extension of Time to Respond to the Complaint (Pesce, Anthony) |
| Filing 7 ATTORNEY Appearance for Defendant Cosmed Group, Inc. by Anthony DeMarco Pesce (Pesce, Anthony) |
| Filing 6 ATTORNEY Appearance for Defendant Cosmed Group, Inc. by Charles M. Gering (Gering, Charles) |
| Filing 5 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the notice of removal and the complaint, the defendants have failed to adequately plead subject matter jurisdiction. To remove a case to federal court, a defendant must establish the jurisdictional requirements with "competent proof," evidence which proves to a reasonable probability that jurisdiction exists. 28 U.S.C. 1332, 1441; Chase v. Shop 'N Save Warehouse Foods, Inc., 110 F.3d 424 (7th Cir. 1997). The notice of removal asserts that the Court has jurisdiction pursuant to 28 U.S.C. 1332. But neither the notice of removal nor the underlying complaint suffice to establish the non-nominal parties' citizenships for diversity jurisdiction purposes. See Navarro Sav. Ass'n v. Lee, 446 U.S. 458, 461 (1980) ("[A] federal court must disregard nominal or formal parties and rest jurisdiction only upon the citizenship of real parties to the controversy."). In the notice of removal, the defendant bases its assertions of the plaintiff's and its co-defendant's citizenships only "upon information and belief." Parties may not rely solely "on information and belief" to establish diversity jurisdiction; personal knowledge is required. Qin v. Deslongchamps, 31 F.4th 576, 578-81 (7th Cir. 2022); Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (stating that "to the best of my knowledge and belief" is insufficient to plead diversity). Further, the notice of removal asserts that "a" principal place of a defendant's business is in a state, but citizenship of a corporation for diversity purposes is the state of incorporation and "the" principal place of businessthere cannot be more than one principal place of business. Hertz Corp. v. Friend, 559 U.S. 77, 93 (2010). The underlying complaint does not properly establish the non-nominal parties' citizenships either. The complaint alleges that plaintiff is a resident of Illinois, but residence does not establish citizenship; an individual is a citizen of the state where they are domiciled. Am.'s Best Inns, 980 F.2d at 1074. And the complaint alleges that Isomedix "is a privately-held corporation headquartered" in Ohio, but a corporation is a citizen of its state of incorporation and its principal place of business. Qin, 31 F.4th at 579. The removing defendant is granted leave to amend to address the issues identified in this order by 8/9/24. Failure to timely and adequately amend may result in remand of the case. Mailed notice (air, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Isomedix Operations, Inc. (Oliss, Philip) |
| Filing 3 ATTORNEY Appearance for Defendant Isomedix Operations, Inc. by Philip M. Oliss (Oliss, Philip) |
| Filing 2 CIVIL Cover Sheet (Oliss, Philip) |
| Filing 1 NOTICE of Removal from Cook County, Illinois Circuit Court, case number (2023L012290) filed by Isomedix Operations, Inc. Filing fee $ 405, receipt number AILNDC-22282987. (Attachments: #1 Exhibit Ex. 1 - Consent and Joinder, #2 Exhibit Ex. 2 - Summonses, #3 Exhibit Ex. 3 - Complaints, #4 Exhibit Ex. 4 - Pleadings and Orders, #5 Exhibit Ex. 5 - Mtn to Appoint, #6 Exhibit Ex. 6 - Mtn to Appoint, #7 Exhibit Ex. 7 - July 17, 2024 Hrg.)(Oliss, Philip) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (Civil Category 2). (ksr, ) |
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