Sheraton Operating LLC v. Decarbonizing Commerce, LLC et al
| Sheraton Operating LLC |
| Decarbonizing Commerce, LLC and Keith Anderson |
| 1:2025cv03409 |
| March 31, 2025 |
| U.S. District Court for the Northern District of Illinois |
| John Robert Blakey |
| Contract: Other |
| 28 U.S.C. § 1441 Petition For Removal--Other Contract |
| Both |
Docket Report
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| Filing 31 (Joint) NOTICE of Motion by Sandra Dawn Mertens for presentment of motion for extension of time to complete discovery #30 before Honorable John Robert Blakey on 10/1/2025 at 11:00 AM. (Mertens, Sandra) |
| Filing 30 MOTION by Defendant Decarbonizing Commerce, LLC for extension of time to complete discovery and Joint Status Report (Mertens, Sandra) |
| Filing 29 AGREED Confidentiality Order. Signed by the Honorable John Robert Blakey on 8/27/2025. Mailed notice. (evw, ) |
| Filing 28 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' motion for entry of an agreed confidentiality order #26 and strikes the 9/3/25 Notice of Motion date. Enter Order. Mailed notice. (evw, ) |
| Filing 27 NOTICE of Motion by Carla Carter for presentment of motion for protective order #26 before Honorable John Robert Blakey on 9/3/2025 at 11:00 AM. (Carter, Carla) |
| Filing 26 MOTION by Plaintiff Sheraton Operating LLC for protective order - Agreed Motion (Attachments: #1 Exhibit 1 - Agreed Confidentiality Order)(Lovett, Mitchell) |
| Filing 25 CERTIFICATE of Service of Defendants' Discovery Responses by Norman Benjamin Berger on behalf of All Defendants (Berger, Norman) |
| Filing 24 CERTIFICATE of Service of Defendants' Rule 26(a)(1) Initial Disclosures by Norman Benjamin Berger on behalf of All Defendants (Berger, Norman) |
| Filing 23 CERTIFICATE of Service of Discovery Requests by Norman Benjamin Berger on behalf of All Defendants (Berger, Norman) |
| Filing 22 ANSWER to amended complaint and Affirmative Defenses by Keith Anderson, Decarbonizing Commerce, LLC(Berger, Norman) |
| Filing 21 First AMENDED complaint by Sheraton Operating LLC against All Defendants (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lovett, Mitchell) |
| Filing 20 MINUTE entry before the Honorable John Robert Blakey: The parties have filed a status report providing the information necessary to confirm the existence of federal subject matter jurisdiction, see #19 (indicating that "Defendant Decarbonizing Commerce, LLC's sole member is Defendant Keith Anderson, who is a citizen and resident of Massachusetts). Having satisfied itself that diversity jurisdiction thus exists, the Court now grants Plaintiff's motion for leave to amend #13 . Under Federal Rule of Civil Procedure 15(a), leave to amend should be given freely when justice so requires. Fed. R. Civ. P. 15; Chicago Joe's Tea Room, LLC v. Vill. of Broadview, 94 F.4th 588, 607 (7th Cir. 2024). Defendants argue that the proposed amended complaint includes factual allegations that contradict the facts alleged in the initial complaint. But the point remains more nuanced. The initial breach of contract complaint alleged that "Defendant Keith Anderson, acting as an authorized agent for Defendant Decarbonizing Commerce, entered into a 'Group Sales Agreement' (the 'Contract') with the Hotel...." [1-1] 8. And Plaintiff seeks leave to amend its complaint to allege that Anderson "entered into the contract on behalf of Defendant Decarbonizing Commerce, LLC, but "failed to disclose such." [13-1] at 9. A pre-suit letter attached to the initial complaint provides Plaintiff's theory that, although Anderson was clearly representing "Decarbonizing Commerce," in the contract negotiations, it was not clear that he was representing "Decarbonzing Commerce, LLC." See [1-1] at 26-27. In fact, Defendants object to the amendment in large part because they say the new allegations are not based upon evidentiary support, see #15 . But that argument is more appropriately raised in a dispositive motion, not an objection to an amendment subject to Rule 15's liberal standards. Defendants also argue that Plaintiff's complaint includes legal conclusions and that they will be prejudiced by the amendment because they already filed their answer. As to the former, the Court need not accept legal conclusions, e.g., Oakland Police & Fire Ret. Sys. v. Mayer Brown, LLP, 861 F.3d 644, 649 (7th Cir. 2017) ("we accept as true the facts alleged in the plaintiffs' consolidated complaint, but not alleged legal conclusions.") (citing Bonte v. U.S. Bank, N.A., 624 F.3d 461, 463, 465 (7th Cir. 2010); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007); Hickey v. O'Bannon, 287 F.3d 656, 65758 (7th Cir. 2002)); as to the latter, an amended complaint opens the door to an amended responsive pleading. Plaintiff shall file the proposed amended complaint [13-1] as a separate docket entry by close of business on 6/5/25, and Defendants shall respond to the amended complaint by 6/27/25. Additionally, the parties shall exchange Rule 26(a)(1) disclosures by 7/1/25, issue written discovery by 7/15/25, and complete fact discovery by 9/30/25. The parties shall file an updated status report by 10/10/25, confirming that fact discovery is complete, and indicating definitively whether either side will require expert discovery or seek summary judgment. The Court sets this matter for jury trial 8/3/26 at 9:00 a.m. and for a final pretrial conference 7/20/26 at 2:00 p.m., both in Courtroom 1203. The parties shall file their final pretrial order and motions in limine by 6/15/26 and file responses to motions in limine by 6/29/26. The parties are expected to review and comply with the Court's standing orders, including the order on proposed pretrial procedures (including motions in limine) and the Court's jury selection protocol in civil cases, which are available on Judge Blakey's information page on the Court's official website: www.ilnd.uscourts.gov. The Court strongly encourages the parties to exhaust all possibility of settlement before spending time and money on dispositive motions or trial. To this end, Plaintiff shall make a formal, written demand by 10/2/25, Defendants shall respond by 10/7/25, and the parties shall confirm compliance in their 10/10/25 status report. If at any time the parties agree that a settlement conference makes sense, they should call chambers to so advise. The parties should be aware that if they resolve their dispute on or after the first day of jury selection, the Court will assess juror costs. Mailed notice. (evw, ) |
| Filing 19 STATUS Report by Sheraton Operating LLC (Lovett, Mitchell) |
| Filing 18 MINUTE entry before the Honorable John Robert Blakey: Plaintiff, Sheraton Operating Corp., sued Keith Anderson and Decarbonizing Commerce, LLC in state court for breach of contract, see [1-1]. Defendants removed the case, invoking this Court's diversity jurisdiction, #1 . In doing so, Defendants represented that Plaintiff is a citizen of Delaware and Maryland; Defendant Anderson is a resident of Massachusetts; and Defendant Decarbonzing Commerce is a citizen of Massachusetts, where it was formed and has its principal place of business. See #1 at 1-2. But the citizenship for diversity purposes of a limited liability company is the citizenship of each of its members, see, e.g., Wise v. Wachovia Sec., LLC, 450 F.3d 265, 267 (7th Cir. 2006), and Defendants have not disclosed any information concerning Decarbonizing Commerce's members. Plaintiff now seeks leave to file an amended complaint, see #13 , but the proposed amended complaint similarly fails to disclose the citizenship of Decarbonizing Commerce's members. As a result, the Court orders Defendants, by 6/16/25, to file a supplemental brief not to exceed 5 pages identifying the name and domicile of each and every partner of Defendant Decarbonizing Commerce. The Court defers ruling on the pending motion seeking leave to amend until Defendants establish the existence of subject matter jurisdiction. See, e.g., Johnson v. Wattenbarger, 361 F.3d 991, 993 (7th Cir. 2004) ("whether 1332 supplies subject-matter jurisdiction must be ascertained at the outset"); Miller v. Sw. Airlines Co., 926 F.3d 898, 902 (7th Cir. 2019) ("subject-matter jurisdiction is the first issue in any case"). Mailed notice. (evw, ) |
| Filing 17 RESPONSE by Plaintiff Sheraton Operating LLC to objections #15 to Plaintiff's Motion for Leave to File Amended Complaint (Lovett, Mitchell) |
| Filing 16 MINUTE entry before the Honorable John Robert Blakey: By 5/23/25, Plaintiff shall respond to Defendants' objection #15 to its motion for leave to amend #13 , including explaining its good faith factual and legal basis for the proposed amendments. The 5/14/25 Notice of Motion date is stricken. Mailed notice. (evw, ) |
| Filing 15 OBJECTIONS by Keith Anderson, Decarbonizing Commerce, LLC to MOTION by Plaintiff Sheraton Operating LLC for leave to file Amended Complaint #13 (Berger, Norman) |
| Filing 14 NOTICE of Motion by Mitchell Lovett for presentment of motion for leave to file #13 before Honorable John Robert Blakey on 5/14/2025 at 11:00 AM. (Lovett, Mitchell) |
| Filing 13 MOTION by Plaintiff Sheraton Operating LLC for leave to file Amended Complaint (Attachments: #1 Exhibit 1 - Proposed First Amended Complaint)(Lovett, Mitchell) |
| Filing 12 MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's unopposed motion to correct its corporate designation on the docket #10 , strikes the 5/7/25 Notice of Motion date, and directs the Clerk to correct Plaintiff's name on the docket to reflect the correct name: Sheraton Operating LLC, a Delaware limited liability company. Mailed notice. (evw, ) |
| Filing 11 NOTICE of Motion by Mitchell Lovett for presentment of motion to substitute party #10 before Honorable John Robert Blakey on 5/7/2025 at 11:00 AM. (Lovett, Mitchell) |
| Filing 10 MOTION by Plaintiff Sheraton Operating Corporation to substitute party - Rule 25 (Lovett, Mitchell) |
| Filing 9 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Keith Anderson, Decarbonizing Commerce, LLC(Berger, Norman) |
| Filing 8 ATTORNEY Appearance for Plaintiff Sheraton Operating Corporation by Carla Carter (Carter, Carla) |
| Filing 7 ATTORNEY Appearance for Plaintiff Sheraton Operating Corporation by Mitchell Lovett (Lovett, Mitchell) |
| Filing 6 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. During the course of the litigation, the attorneys must appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Emily Wirtz ([email protected]). If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are ordered to review and fully comply with all of this Court's own standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. The parties (or Plaintiffs individually if Defendant still is not at issue) shall file a status report by 6/2/25, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Mailed notice. (evw, ) |
| Filing 5 MAILED Notice of Removal letter to counsel of record. (vkm, ) |
| 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, ) |
| Filing 4 ATTORNEY Appearance for Defendants Keith Anderson, Decarbonizing Commerce, LLC by Sandra Dawn Mertens (Mertens, Sandra) |
| Filing 3 ATTORNEY Appearance for Defendants Keith Anderson, Decarbonizing Commerce, LLC by Norman Benjamin Berger (Berger, Norman) |
| Filing 2 CIVIL Cover Sheet (Berger, Norman) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2025L003768) filed by Keith Anderson, Decarbonizing Commerce, LLC Filing fee $ 405, receipt number AILNDC-23278889. (Attachments: #1 Exhibit A)(Berger, Norman) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (rjm, ) |
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