Fox River Resort Club et al v. Vairt Inc.
| Fox River Resort Club and Silverleaf Resorts LLC |
| Vairt Inc. |
| 1:2026cv08321 |
| July 15, 2026 |
| U.S. District Court for the Northern District of Illinois |
| John J Tharp |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgement |
| Defendant |
Docket Report
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This docket was last retrieved on August 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 24 REPLY by Vairt Inc. to response in opposition to motion #20 , MOTION by Defendant Vairt Inc. to stay This Case Pending Arbitration Proceedings and Motion to Compel Arbitration #14 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Melton, Raymond) |
| Filing 23 NOTICE by Fox River Resort Club, Silverleaf Resorts LLC re amended complaint, #9 - Notice of Correction (Attachments: #1 Exhibit)(Alliss Powers, Rita) |
| Filing 22 MINUTE entry before the Honorable John J. Tharp, Jr: In-court hearing held on 8/18/26. The plaintiff's motion for speedy hearing on their complaint for declaratory judgment #12 and the defendant's motion to compel arbitration and stay the action pending arbitration #14 remain under advisement. Per the Court's prior order #17 , the defendant's reply in support of its motion to compel arbitration and stay the action pending arbitration #14 is due 9/11/2026. Mailed notice (ber, ) |
| Filing 21 REPLY by Plaintiffs Fox River Resort Club, Silverleaf Resorts LLC in Support of Motion for Speedy Hearing (Attachments: #1 Exhibit)(Alliss Powers, Rita) |
| Filing 20 RESPONSE by Fox River Resort Club, Silverleaf Resorts LLCin Opposition to MOTION by Defendant Vairt Inc. to stay This Case Pending Arbitration Proceedings and Motion to Compel Arbitration #14 (Kedziora, Martin) |
| Filing 19 OBJECTIONS by Vairt Inc. to MOTION by Plaintiffs Fox River Resort Club, Silverleaf Resorts LLC for hearing - Motion for a Speedy Hearing on Complaint for Declaratory Judgment #12 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Melton, Raymond) |
| Filing 18 MINUTE entry before the Honorable John J. Tharp, Jr: The defendant's motion to stay the filing of its answer until this Court has decided the motion to compel arbitration and stay the action #14 is granted. The defendants' deadline to answer or otherwise respond is stayed pending further order of the Court. Mailed notice (ber, ) |
| Filing 17 MINUTE entry before the Honorable John J. Tharp, Jr: The defendant's motion to compel arbitration and stay the action pending arbitration #14 is taken under advisement. The plaintiffs' response is due 8/28/2026. The defendant's reply is due 9/11/2026. Mailed notice (ber, ) |
| Filing 16 NOTICE by Fox River Resort Club, Silverleaf Resorts LLC re amended complaint, #9 Corrected Exhibits I and J to Amended Complaint (Attachments: #1 Exhibit I, #2 Exhibit J)(Alliss Powers, Rita) |
| Filing 15 MOTION by Defendant Vairt Inc. to stay the filing of its answer to the Plaintiffs' Amended Complaint (Melton, Raymond) |
| Filing 14 MOTION by Defendant Vairt Inc. to stay This Case Pending Arbitration Proceedings and Motion to Compel Arbitration (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)(Melton, Raymond) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiffs' motion for a "speedy hearing" under Rule 57 #12 is granted. Defendant's response, if any, is due by 8/14/26. An in-person hearing is set for Tuesday, August 18 at 1:30 p.m. in Courtroom 2303. Mailed notice (ber, ) |
| Filing 12 MOTION by Plaintiffs Fox River Resort Club, Silverleaf Resorts LLC for hearing - Motion for a Speedy Hearing on Complaint for Declaratory Judgment (Alliss Powers, Rita) |
| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the amended complaint #9 , the Court is satisfied that the plaintiff has adequately pled subject matter jurisdiction. The defendant's answer is due 8/11/2026. Mailed notice (ber, ) |
| Filing 10 ATTORNEY Appearance for Defendant Vairt Inc. by Raymond J. Melton (Melton, Raymond) |
| Filing 9 AMENDED complaint by Silverleaf Resorts LLC, Fox River Resort Club against Vairt Inc. (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)(Alliss Powers, Rita) |
| Filing 8 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 Plaintiff Silverleaf Resorts, 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). The plaintiffs may not rely solely "on information and belief" in order to establish diversity jurisdiction. 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). In addition, an individual's citizenship is based on the state in which he is domiciled (which may differ from the state of residence). See generally Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). Further, the complaint must affirmatively allege the citizenship of the plaintiff's members; an averment that they are not citizens of the same state as the defendant is not adequate. See Johnson v. Nat'l Asset Advisors, LLC, 772 F. App'x 328, 329 (7th Cir. 2019). Accordingly, the plaintiff is granted leave to amend to address this issue by 8/4/2026. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (ber, ) |
| Filing 7 ATTORNEY Appearance for Plaintiffs Fox River Resort Club, Silverleaf Resorts LLC by Rita M. Alliss Powers (Alliss Powers, Rita) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Fox River Resort Club, Silverleaf Resorts LLC by Cameron Grace Filer (Filer, Cameron) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Fox River Resort Club, Silverleaf Resorts LLC by Martin Kedziora (Kedziora, Martin) |
| Filing 4 MAILED Notice of Removal letter to counsel of record. (aee, ) |
| Filing 3 AMENDED jury demand #2 (Melton, Raymond) |
| Filing 2 JURY Demand (Melton, Raymond) |
| Filing 1 NOTICE of Removal from Cook County, case number (2026ch06461) filed by Vairt Inc. Filing fee $ 405, receipt number AILNDC-25382053. (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)(Melton, Raymond) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 2). (eak, ) |
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