Shobe v. Williams et al
| lloyd shobe |
| Charles Williams, Coal Branch Farms, LLC and Charles B. Williams |
| 3:2018cv02147 |
| December 5, 2018 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Nancy J Rosenstengel |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on February 1, 2019. A more recent docket listing may be available from PACER.
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 3/20/2019 at 3:15 PM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Instructions for placing the conference call are as follows: Call toll free 877-336-1829; when prompted enter Access Code 4442281; followed by Security Code 4358. The parties are to submit a Joint Report and Proposed Scheduling and Discovery Order seven days before the conference. Signed by Magistrate Judge Mark A. Beatty on 2/1/2019. (arf)
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| Filing 20 NOTICE by Lloyd Shobe and Consent to Proceed Before a Magistrate Judge (Short, D.) |
| Filing 19 CJRA TRACK B assigned: Final Pretrial Conference set for 11/20/2019 at 10:30 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Presumptive Jury Trial month set for December 2019. (Attachments: #1 Consent to Magistrate Judge)(drb) |
| Filing 18 NOTICE of Appearance by D. Keith Short on behalf of All Plaintiffs (Short, D.) |
| Filing 17 NOTICE OF ACTION re #14 Response filed by Lloyd Shobe. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this Court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the Court. Attorney Short does not have a Notice of Appearance on file in this case. (kls3) |
| Filing 16 Case reassigned to Magistrate Judge Mark A. Beatty. Magistrate Judge Stephen C. Williams no longer assigned to the case. (jaj) |
| Filing 15 NOTICE by All Defendants re #1 Notice of Removal Amended Notice of Removal (Berwin, David) |
| Filing 14 RESPONSE to #13 Answer to Complaint filed by All Plaintiffs. (Short, D.) |
| Filing 13 ANSWER to Complaint by All Defendants.(Berwin, David) |
| Filing 12 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #5 Consent/Non-Consent to US Magistrate Judge. PDF and docket entry do not match. Document has been re filed correctly. NO Further Action is Required. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 11
ORDER: A review of the record in this case indicates that Defendant Coal Branch Farms, LLC has not filed its Federal Rule of Civil Procedure 7.1 disclosure statement. Thus, the Court ALLOWS Defendant, up to and including January 2, 2019 to do so. (Action due by 1/2/2019). Signed by Judge Nancy J. Rosenstengel on 12/7/2018. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
ORDER REGARDING JURISDICTION: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. See Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) (It is the responsibility of a court to make an independent evaluation of whether subject matter jurisdiction exists in every case.). Defendants have removed this case alleging that this Court has jurisdiction pursuant to 28 U.S.C. 1332 because there is complete diversity of the parties. The law of this Circuit plainly provides that if a party is an LLC, its citizenship depends on the citizenship of each of its members. See, e.g., Copeland v. Penske Logistics, LLC, 675 F.3d 1040, 1043 (7th Cir. 2012) ("a limited liability company's citizenship includes every state of which any unit holder is a citizen"). The Notice of Removal does not disclose the list of each member of Coal Branch Farms, LLC and each member's citizenship. Accordingly, Defendants are ORDERED to file an Amended Notice of Removal no later than January 2, 2019 which properly sets forth the citizenship of all parties to this action. If Defendants fail to file an Amended Notice of Removal in the manner and time prescribed or if, after reviewing it, the Court finds that Defendants cannot establish subject matter jurisdiction, the Court will dismiss the action for lack of jurisdiction. See Guaranty Natl Title Co. Inc. v. J.E.G. Associates, 101 F.3d 57, 59 (7th Cir. 1996). (Amended Pleadings due by 1/2/2019). Signed by Judge Nancy J. Rosenstengel on 12/7/2018. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 NOTICE by All Defendants Removal of State Court (Berwin, David) |
| Filing 8 NOTICE of Appearance by David C. Berwin on behalf of Coal Branch Farms, LLC, Charles B. Williams (Berwin, David) |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Berwin, David) |
| Filing 6 SUPPLEMENT by All Defendants. Supplement to #1 Notice of Removal . (Berwin, David) |
| Filing 5 STRICKEN - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Berwin, David) Modified on 12/10/2018 (cds). |
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Filing 4
ORDER REGARDING SUPPLEMENT TO NOTICE OF REMOVAL AND ENTRY OF APPEARANCE: Pursuant to 28 U.S.C. Section 1446, this case was removed from state court to this U.S. District Court. Section 1446(a) delineates the procedure for removing a case from state court to federal court and requires, inter alia, that the removing defendant furnish a copy of all process, pleadings, and orders served upon such defendant. Because a jury may be demanded in a state court pleading that is not served upon the defendant(s) (e.g., an answer or a separately-filed jury demand), and this Courts civil cover sheet instructs attorneys to check the Jury Demand box only if a jury was requested in the complaint, the Court hereby DIRECTS the removing defendant(s) to file as a Supplement to Notice of Removal a copy of any state court answer or other pleading/paper which contains a jury demand OR a one-line statement that no jury was demanded by any party prior to removal. If a jury demand appears in the federal case record, no Supplement to Notice of Removal need be filed. In addition, attorneys are reminded that they must file a formal entry of appearance in this case. The removing defendant(s) shall comply with this directive within 14 days from the date of this Order. Supplement to Notice of Removal due by 12/20/2018(cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 Notice of Judge Assignment. Judge Nancy J. Rosenstengel and Magistrate Judge Stephen C. Williams assigned. All future documents must bear case number 18-cv-2147-NJR-SCW. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (cds) |
| Filing 2 NOTICE to Plaintiff from St. Clair County, case number 18-L-0671, filed by All Defendants.(Berwin, David) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County, case number 18-L-0671 ( Filing fee $ 400 receipt number 0754-3738203), filed by All Defendants. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint)(Berwin, David) |
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