Emery Air, LLC v. RCS Logistics, Inc.
| Emery Air, LLC |
| RCS Logistics, Inc. |
| 3:2023cv50187 |
| May 17, 2023 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Margaret J Schneider |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 REPLY by Emery Air, LLC to response in opposition to motion #16 , MOTION by Counter Defendant Emery Air, LLC, Plaintiff Emery Air, LLC to remand Presented before Magistrate Judge #11 (Attachments: #1 Declaration Declaration of Devin Noble Ex. A)(Noble, Devin) |
| Filing 24 MINUTE entry before the Honorable Iain D. Johnston: Motion hearing held on 7/13/2023. Testimony and argument heard. Plaintiff/Counter-Defendant's motion for leave to file #23 is granted and they are directed to file the reply as a separately filed entry. The motion to remand #11 is taken under advisement. A ruling on the motion will be given at a later date. (yxp, ) |
| Filing 23 MOTION by Counter Defendant Emery Air, LLC, Plaintiff Emery Air, LLC for leave to file Reply Brief in Support of Motion to Remand Presented before Magistrate Judge (Attachments: #1 Exhibit 1)(Noble, Devin) |
| Filing 22 MINUTE entry before the Honorable Iain D. Johnston: By agreement of the parties, a telephonic hearing on the motion to remand #11 is set for 7/13/2023 at 3:00 PM. Declarant Patrick Heaney is ordered to appear by phone. Counsel will receive an email before the start of the telephonic hearing with instructions to join the call. The declarant may use the call-in number of 888-557-8511 and the access code is 2660444. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. (yxp, ) |
| Filing 21 Western Division ADR Notification (jp, ) |
| Filing 20 ATTORNEY Appearance for Defendant RCS Logistics, Inc. by Quinn Patrick O'grady (O'grady, Quinn) |
| Filing 19 ATTORNEY Appearance for Defendant RCS Logistics, Inc. by Casper Fredric Marcinak (Marcinak, Casper) |
| Filing 18 MINUTE entry before the Honorable Margaret J. Schneider: In light of Judge Johnston's order of 06/22/23 #17 , the initial status conference previously set for 06/27/23 is stricken. Further dates will be set following disposition of Plaintiff's motion to remand.Mailed notice. (jxk) |
| Filing 17 MINUTE entry before the Honorable Iain D. Johnston: Before the Court is the plaintiff's motion to remand #11 because one of its members is a New York citizen, which the plaintiff contends destroys diversity jurisdiction. In response, the defendant contends that its notice of removal is mistaken, that its principal place of business is in New Jersey, not New York, and therefore the parties are diverse. The defendant's change of heart about its principal place is at odds with the representations it has made about its principal place of business in other cases. See, e.g., 10 CV 1107 and 22 CV 3583. By 6/29/2023 the parties shall provide to the Court's operations specialist three dates on which all are available for a telephonic hearing on the motion to remand. The defendant must produce at the hearing its declarant, Patrick Heaney, who shall be prepared to explain why for years RCS Logistics has held itself out in court filings as having its principal place of business in New York if, as stated in his declaration, "[a]ll corporate decision-making for RCS is conducted within the State of New Jersey while none of it is conducted within the State of New York." In lieu of providing available dates, by 6/29/2023 the parties may file an agreed motion to remand. (yxp, ) |
| Filing 16 RESPONSE by RCS Logistics, Inc.in Opposition to MOTION by Counter Defendant Emery Air, LLC, Plaintiff Emery Air, LLC to remand Presented before Magistrate Judge #11 (Attachments: #1 Exhibit EX A)(Bertkau, Bradley) |
| Filing 15 Amended Notice of Removal by RCS Logistics, Inc. (Bertkau, Bradley) |
| Filing 14 STATUS Report filed Jointly by Emery Air, LLC Presented before Magistrate Judge (Noble, Devin) |
| Filing 13 MINUTE entry before the Honorable Iain D. Johnston: The defendant shall respond to the motion to remand #11 by 6/21/2023. If the defendant is unopposed, it need state only that. The motion to extend the plaintiff's deadline to answer the counterclaim #12 is granted. The defendant shall answer the counterclaim within 14 days of the disposition of the motion to remand #11 . (yxp, ) |
| Filing 12 MOTION by Counter Defendant Emery Air, LLC, Plaintiff Emery Air, LLC for extension of time to file answer to Counterclaims Presented before Magistrate Judge (Friedman, Nathan) |
| Filing 11 MOTION by Counter Defendant Emery Air, LLC, Plaintiff Emery Air, LLC to remand Presented before Magistrate Judge (Attachments: #1 Declaration Exhibit A)(Friedman, Nathan) |
| Filing 10 Disclosure Statement and Notification of Affiliates by Emery Air, LLC (Friedman, Nathan) |
| Filing 9 MINUTE entry before the Honorable Margaret J. Schneider: Initial telephonic status hearing set for 06/27/23 at 10:00 a.m. The Court will be utilizing the Cisco Webex platform. Public access is available via the following call-in number: 1-(650)-479-3207 and enter ACCESS CODE: 180-822-8235#. Counsel with full knowledge of the case must appear at the initial status hearing. The parties shall jointly complete the PDF fillable initial status report form found on Judge Schneider's webpage and file by 06/20/23. Counsel of record will receive an email the day prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice. (jxk) |
| Filing 8 ANSWER to Complaint with Jury Demand and Affirmative Defenses, COUNTERCLAIM filed by RCS Logistics, Inc. against Emery Air, LLC . by RCS Logistics, Inc. (Attachments: #1 Certificate of Service)(Bertkau, Bradley) |
| Filing 7 ATTORNEY Appearance for Plaintiff Emery Air, LLC by Devin B. Noble (Noble, Devin) |
| Filing 6 ATTORNEY Appearance for Plaintiff Emery Air, LLC by Gregory Edward Cox (Cox, Gregory) |
| Filing 5 ATTORNEY Appearance for Plaintiff Emery Air, LLC by Nathan Windham Friedman (Friedman, Nathan) |
| MAILED notice of removal letter to counsel for plaintiff. (jp, ) |
| 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. (pg, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (pg, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by RCS Logistics, Inc. (Bertkau, Bradley) |
| Filing 3 ATTORNEY Appearance for Defendant RCS Logistics, Inc. by Bradley Albert Bertkau (Bertkau, Bradley) |
| Filing 2 CIVIL Cover Sheet (Bertkau, Bradley) |
| Filing 1 NOTICE of Removal from Winnebago Circuit Court, case number (23LA0000147) filed by RCS Logistics, Inc. Filing fee $ 402, receipt number AILNDC-20649046. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bertkau, Bradley) |
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