Fitters v. Dean Foods Company et al
| Michael Fitters |
| Dean Foods Company and Dean Dairy Holdings, LLC |
| 3:2020cv50022 |
| January 17, 2020 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Joan H Lefkow |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 14 AFFIDAVIT of Service filed by Plaintiff Michael Fitters regarding Affidavit of Service served on Dean Dairy Holdings, LLC on February 25, 2020 (Vance, Blake) |
| Filing 13 AFFIDAVIT of Service filed by Plaintiff Michael Fitters regarding Affidavit of Service to Dean Foods Company served on Dean Foods Company on February 25, 2020 (Vance, Blake) |
| Filing 12 MINUTE entry before the Honorable Lisa A. Jensen: Motion hearing held on 2/20/2020. Plaintiff's motion to propound limited discovery #10 is denied without prejudice with leave to refile. Plaintiff's oral motion to conduct early discovery on Dean Foods Company limited to the issue of Dean Dairy Holdings, LLC's citizenship as set forth in the proposed interrogatories [10-1] is granted. By 4/06/2020, Plaintiff shall file a status report on the status of service and answers to interrogatories. Mailed notice (jk, ) |
| ALIAS Summons Issued as to Defendants Dean Dairy Holdings, LLC, Dean Foods Company. (dxb, ) |
| ORAL MOTION by Plaintiff Michael Fitters to conduct early discovery. (jk, ) |
| Filing 11 NOTICE of Motion by Blake Michael Vance for presentment of motion for discovery #10 before Honorable Lisa A. Jensen on 2/20/2020 at 10:00 AM. (Vance, Blake) |
| Filing 10 MOTION by Plaintiff Michael Fitters for discovery to Propound Limited Discovery (Attachments: #1 Exhibit Exhibit A)(Vance, Blake) |
| Filing 9 MINUTE entry before the Honorable Lisa A. Jensen: Plaintiff has again failed to allege the citizenship of every member of Defendant Dean Dairy Holdings, LLC. For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members, not its manager. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007); Berkshire Hathaway Homestate Ins. Co. v. Chicago Metro. Hosp., LLC, No. 17 C 9370, 2020 WL 30592, at *1 (N.D. Ill. Jan. 2, 2020) ("But an LLC's citizenship is its members' citizenship, not its manager's."). By 03/02/2020, plaintiff shall file another amended jurisdictional statement that sufficiently alleges the citizenship of each party, including the citizenship of every member of Defendant Dean Dairy Holdings, LLC or risk dismissal for lack of subject matter jurisdiction. Mailed notice (jk, ) |
| Filing 8 AMENDED Jurisdictional Statement (Vance, Blake) |
| Filing 7 MINUTE entry before the Honorable Lisa A. Jensen: Plaintiff premises subject matter jurisdiction on diversity of citizenship. However, plaintiff has not properly alleged Defendant Dean Foods Company's principal place of business or the citizenship of Dean Dairy Holdings, LLC's member. See 28 U.S.C. 1332(c)(1); Berkshire Hathaway Homestate Ins. Co. v. Chicago Metro. Hosp., LLC, No. 17 C 9370, 2020 WL 30592, at *1 (N.D. Ill. Jan. 2, 2020) ("But an LLC's citizenship is its members' citizenship, not its manager's."). By 2/05/2020, plaintiff shall file an amended jurisdictional statement that sufficiently alleges the citizenship of each defendant or risk dismissal for lack of subject matter jurisdiction. Mailed notice (jk, ) |
| Filing 6 AMENDED complaint by Michael Fitters against All Defendants (Vance, Blake) |
| Filing 5 MINUTE entry before the Honorable Joan H. Lefkow: The general referral of cases to the designated magistrate judge is modified as follows: Unless otherwise specifically ordered, all non-case-dispositive matters within the scope Federal Rule of Civil Procedure 72(a), save the final pretrial conference, shall be noticed before the magistrate judge. All case-dispositive motions, and any other motion for which a report and recommendation would be required by Rule 72(b)(1), shall be noticed before the district judge. Unless the parties consent to disposition of the case by the magistrate judge as provided in Rule 73, final pretrial conferences will be held by the district judge and trial will be before the district judge. Trial dates will be set by the district judge and trials will be conducted in the Roszkowski U.S. Courthouse. Mailed notice (ags) |
| SUMMONS Issued as to Defendants Dean Dairy Holdings, LLC, and Dean Foods Company. (acm, ) |
| Filing 4 Pursuant to the Fourth Amended General Order 19-0007, dated 6/27/2019, this case is assigned to the Honorable Joan H. Lefkow and referred generally to the Honorable Lisa A. Jensen. Signed by Executive Committee on 6/27/2019. (jp, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Michael Fitters by Blake Michael Vance (Vance, Blake) |
| Filing 2 CIVIL Cover Sheet (Vance, Blake) |
| Filing 1 COMPLAINT filed by Michael Fitters; Filing fee $ 400, receipt number 0752-16629074.(Vance, Blake) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (jp, ) |
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