Marengo Battery Storage LLC et al v. LG Energy Solution, Ltd.
| Marengo Battery Storage LLC and USGEM, INC. |
| LG Energy Solution, Ltd. |
| 3:2023cv50419 |
| November 20, 2023 |
| US District Court for the Northern District of Illinois |
| Philip G Reinhard |
| Margaret J Schneider |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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| Filing 34 MINUTE entry before the Honorable Margaret J. Schneider: Plaintiffs' Motion for Leave to Seal Portions of Their Response to Defendant's Motion to Dismiss #32 , is granted. The Court notes Plaintiffs have filed a public #31 and sealed #33 version of the response. Mailed notice. (jxk) |
| Filing 33 SEALED RESPONSE by Marengo Battery Storage LLC, USGEM, INC. to MOTION by Defendant LG Energy Solution, Ltd. to dismiss the Complaint Presented before District Judge #20 (Ruskusky, John) |
| Filing 32 MOTION by Plaintiffs Marengo Battery Storage LLC, USGEM, INC. to seal Portions of thier Response to Defendant's Motion to Dismiss Presented before District Judge (Ruskusky, John) |
| Filing 31 RESPONSE by Marengo Battery Storage LLC, USGEM, INC.in Opposition to MOTION by Defendant LG Energy Solution, Ltd. to dismiss the Complaint Presented before District Judge #20 (Public) (Ruskusky, John) |
| Filing 30 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 29 MEMORANDUM by LG Energy Solution, Ltd. in support of motion to dismiss #20 (Powell, Jeffrey) |
| Filing 28 MINUTE entry before the Honorable Margaret J. Schneider: Defendant's unopposed motion for leave to file complaint and exhibits under seal #17 is granted. The Court notes the sealed documents are filed at 18 . Plaintiff's motion for leave to file under seal Exhibit A to its response to Defendant's motion #27 is granted. The parties have reported that they have agreed to a limited version of Defendant's redactions. Due to this agreement, Defendant's motion for leave to file portions of its memorandum in support of its motion to dismiss under seal #22 is granted to the extent that the portions of the memorandum to be filed under seal are contained in the agreed upon document filed as Exhibit A to Plaintiff's response [25-1]. Defendant is directed to file the agreed upon redacted version of the memorandum in a separate docket entry. Mailed notice. (jxk) |
| Filing 27 MOTION by Plaintiffs Marengo Battery Storage LLC, USGEM, INC. to seal Exhibit A To Its Response to Defendant's Motion for Leave to File Portions of Its Memorandum of Law in Support of Its Motion to Dismiss Under Seal Presented before District Judge (Ruskusky, John) |
| Filing 26 SEALED EXHIBIT by Plaintiffs Marengo Battery Storage LLC, USGEM, INC. regarding Response, #25 (Ruskusky, John) |
| Filing 25 RESPONSE by Plaintiffs Marengo Battery Storage LLC, USGEM, INC. to motion for leave to file #22 (Attachments: #1 Exhibit A-Memorandum of Law in Support of Defendant LG Energy Solution, Ltd's Motion to Dismiss the Complaint)(Ruskusky, John) |
| Filing 24 MINUTE entry before the Honorable Margaret J. Schneider: As to Defendant's motion to dismiss #20 , Plaintiff has until 01/12/24 to respond. Defendant has until 01/26/24 to reply. Plaintiff has until 12/15/23 to file any objection to Defendant's motion for leave to file portions of its memorandum of law under seal #22 . Mailed notice. (jxk) |
| Filing 23 SEALED by Defendant LG Energy Solution, Ltd. Sealed Memorandum of Law in Support of Its Motion to Dismiss the Complaint Presented before District Judge (Powell, Jeffrey) Modified on 12/12/2023 (jxk, ). |
| Filing 22 MOTION by Defendant LG Energy Solution, Ltd. for leave to file Portions of its Memorandum of Law in Support of Its Motion to Dismiss the Complaint Under Seal Presented before District Judge (Powell, Jeffrey) |
| Filing 21 MEMORANDUM by LG Energy Solution, Ltd. in support of motion to dismiss #20 the Complaint (Powell, Jeffrey) |
| Filing 20 MOTION by Defendant LG Energy Solution, Ltd. to dismiss the Complaint Presented before District Judge (Powell, Jeffrey) |
| Filing 19 MINUTE entry before the Honorable Margaret J. Schneider: The Court has received Defendant LG Energy Solution, LTD.'s Motion for Leave to File Complaint and Accompanying Exhibits Under Seal #17 . Plaintiff has until 12/15/23 to file any objections to the motion. Mailed notice. (jxk) |
| Filing 17 MOTION by Defendant LG Energy Solution, Ltd. for leave to file Complaint and Exhibits Under Seal Presented before Magistrate Judge (Powell, Jeffrey) |
| Filing 16 MINUTE entry before the Honorable Philip G. Reinhard: Based on the Rule 7.1 disclosure #15 filed by plaintiffs, Marengo Battery Storage LLC's sole member is USGEM, Inc., a Delaware corporation with its principal place of business in Illinois. Therefore, the court has diversity of citizenship jurisdiction over this case. 28 U.S.C. 1332(a)(2). Mailed notice. (rsj) |
| Filing 15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Marengo Battery Storage LLC, USGEM, INC. and Rule 7.1 (Ruskusky, John) |
| Filing 14 MINUTE entry before the Honorable Philip G. Reinhard: Defendant removed this case from state court premised on diversity of citizenship jurisdiction. Plaintiff has entered its appearance through counsel #10 #11 #12 . As noted in the court's order #6 in this case, Federal Rule of Civil Procedure 7.1(b) required plaintiff to file the disclosure statements required by Fed. R. Civ. P. 7.1(a)(1) & (2) "with its first appearance." Plaintiffs have failed to comply with this requirement. On or before December 1, 2023, plaintiffs shall file the required Rule 7.1(a) disclosure statements. Failure to comply with this order may result in sanctions against plaintiffs and/or their counsel. The provisions of Rule 7.1 are designed to allow a quick determination whether the court has diversity of citizenship subject matter jurisdiction and whether there are any potential conflicts of interest for the court. Failing to file the required disclosures causes unwarranted delay in making these essential determinations. Mailed notice. (rsj) |
| Filing 13 MINUTE entry before the Honorable Margaret J. Schneider: Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint #9 is granted. Defendant has until 12/08/23 to answer or otherwise respond. The Court will take up any Motion to Dismiss if filed and, if necessary, will enter a briefing schedule in accordance with that requested by the parties. Mailed notice. (jxk) |
| Filing 12 ATTORNEY Appearance for Plaintiffs Marengo Battery Storage LLC, USGEM, INC. by Keith E Edeus (Edeus, Keith) |
| Filing 11 ATTORNEY Appearance for Plaintiffs Marengo Battery Storage LLC, USGEM, INC. by John T. Ruskusky (Ruskusky, John) |
| Filing 10 ATTORNEY Appearance for Plaintiffs Marengo Battery Storage LLC, USGEM, INC. by Tam Phuong Nguyen (Nguyen, Tam) |
| Filing 9 MOTION by Defendant LG Energy Solution, Ltd. for extension of time to respond to Plaintiff's Complaint Presented before Magistrate Judge (Powell, Jeffrey) |
| Filing 8 Western Division ADR Notification (jp, ) |
| Filing 7 NOTICE by LG Energy Solution, Ltd. Certificate of Filing in State Court (Powell, Jeffrey) |
| Filing 6 MINUTE entry before the Honorable Philip G. Reinhard: Defendant, LG Energy Solution, Ltd, filed notice of removal #1 removing this case from the Circuit Court for the 22nd Judicial Circuit, McHenry County, Illinois premised on diversity of citizenship jurisdiction. 28 U.S.C. 1332(a)(2). The notice of removal alleges that defendant is a Korean corporation with its principal place of business in South Korea, and that plaintiff, USGEM, Inc. is Delaware corporation with its principal place of business in Illinois. Plaintiff, Marengo Battery Storage LLC ("Marengo"), is alleged to be a limited liability company organized under the laws of Delaware and, on information and belief, alleged to be a citizen of Delaware and Illinois. However, the notice of removal does not identify the members of Marengo and the identity of each member of a limited liability company, and the citizenship of each member, must be identified to allege diversity jurisdiction. Hicklin Engineering, L.C. v. Bartell, 439 F.3d 346, 348 (7th Cir. 2006), abrogated on other grounds by RTP LLC v. ORIX Real Estate Capital, 827 F.3d 689, 691-92 (7th Cir. 2016). At this point, diversity jurisdiction has not been properly pled. Upon entering their appearances in this case, Marengo and USGEM, Inc. are required to file the disclosure required by Fed. R. Civ. P. 7.1(a)(1) and (2). Rule 7.1(a)(2) requires Marengo to name -- and identify the citizenship of-- each of its members. Counsel for defendant is directed to serve a copy of this order on plaintiffs' counsel forthwith to assure plaintiff is aware of its Rule 7.1(a) obligations. Mailed notice. (rsj) |
| Filing 5 EXHIBIT by Defendant LG Energy Solution, Ltd. Amended Exhibit 1 regarding notice of removal, #1 (Powell, Jeffrey) |
| Filing 4 Defendant LG Energy Solution, Ltd.'s Notification of Affiliates Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 3.2 (Powell, Jeffrey) Modified on 11/20/2023 (jp, ). |
| Filing 3 ATTORNEY Appearance for Defendant LG Energy Solution, Ltd. by Jeffrey H. Powell (Powell, Jeffrey) |
| Filing 2 CIVIL Cover Sheet (Powell, Jeffrey) |
| Filing 1 NOTICE of Removal from Circuit Court of McHenry, case number (2023-LA-000253) filed by LG Energy Solution, Ltd. Filing fee $ 402, receipt number AILNDC-21347156. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Powell, Jeffrey) |
| 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. (jp, ) |
| MAILED notice of removal letter to counsel for plaintiffs. (jp, ) |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (jp, ) |
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