Ventimiglia v. Veolia es Technical Solutions, LLC et al
Dustin Ventimiglia |
Veolia North America, Toyota Industrial Equipment Mfg, Inc., Toyota Material Handling, U.S.A., Inc., Veolia es Technical Solutions, LLC, Cascade Corporation and Veolia North America, LLC |
3:2019cv00707 |
June 28, 2019 |
US District Court for the Southern District of Illinois |
Mark A Beatty |
Nancy J Rosenstengel |
Personal Inj. Prod. Liability |
28 U.S.C. § 1446 |
Defendant |
Docket Report
This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Filing 35 ORDER granting #33 Motion for Protective Order. Signed by Magistrate Judge Mark A. Beatty on 8/19/2019. (jer) |
Filing 34 CJRA TRACK C assigned: Final Pretrial Conference set for 9/17/2020 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Jury Trial month set for October 2020. Signed by Chief Judge Nancy J. Rosenstengel on 8/16/2019. (Attachments: #1 Consent to Magistrate Judge)(drb) |
Filing 33 Joint MOTION for Protective Order by Toyota Industrial Equipment Mfg, Inc., Toyota Material Handling, U.S.A., Inc.. (Attachments: #1 Exhibit Proposed Protective Order, #2 Exhibit Protective Order Affidavit)(Barton, Jonathan) |
Filing 32 MOTION to Dismiss Veolia ES Technical Solutions, LLC and Veolia North America, LLC Without Prejudice Pursuant to F.R.C.P. 41(a)(2) by Dustin Ventimiglia. Responses due by 9/16/2019 (Cueto, Lloyd) |
Filing 31 NOTICE of Appearance by Lloyd M. Cueto on behalf of Dustin Ventimiglia (Cueto, Lloyd) |
Filing 30 Corporate Disclosure Statement by Cascade Corporation. (Borcia, James) |
Filing 29 ORDER granting #25 Motion to Appear Pro Hac Vice as to Attorney, Robert D. Kolar on 8/6/2019. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 28 ORDER: A review of the record in this case indicates that Defendant Cascade Corporation has not filed its Federal Rule of Civil Procedure 7.1 disclosure statement. Thus, the Court ALLOWS Defendant, up to and including August 23, 2019 to do so. Signed by Chief Judge Nancy J. Rosenstengel on 8/5/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 27 NOTICE OF REMOVAL re Second Amended Notice of Removal from St. Clair County, Twentieth Judicial Circuit, case number 19-L-0416, filed by Cascade Corporation. (Attachments: #1 Exhibit 1)(Borcia, James) |
Filing 26 ORDER: 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."). 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"). Although the Amended Notice of Removal properly alleges the members of Defendants Veolia North America, LLC and Veolia ES Technical Solutions, LLC, there appears to be a typo or misstatement in the jurisdictional allegations with respect to these defendants. For example, as to Defendant Veolia North America, LLC, the Amended Notice of Removal alleges that its sole member is Veolia North America, Inc., which is incorporated in Delaware and has its principal place of business in Delaware, but then concludes that Defendant Veolia North America, LLC is citizen of Massachusetts and Delaware (See Doc. 4, p. 2). This same discrepancy is alleged with respect to the citizenship of Defendant Veolia ES Technical Solutions, LLC (Doc. 4, p. 3). Accordingly, Defendant Cascade Corporation is ORDERED to file a Second Amended Notice of Removal to correct this discrepancy on or before August 23, 2019. (Amended Pleadings due by 8/23/2019). Signed by Chief Judge Nancy J. Rosenstengel on 8/2/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 25 MOTION to Appear Pro Hac Vice by Attorney Robert D. Kolar $200 fee paid,receipt number 0754-3944559 by on behalf of Cascade Corporation. (Kolar, Robert) |
Filing 24 NOTICE of Appearance by Rebecca Rachelle Corson on behalf of Toyota Material Handling, U.S.A., Inc. (Corson, Rebecca) |
Filing 23 NOTICE of Appearance by Rebecca Rachelle Corson on behalf of Toyota Industrial Equipment Mfg, Inc. (Corson, Rebecca) |
Filing 22 CONSENT to Removal byVeolia North America, LLC, Veolia ES Technical Solutions, LLC. (Merkle, Zachary) |
Filing 21 MOTION to Dismiss and Brief in Support by Veolia ES Technical Solutions, LLC, Veolia North America, LLC. Responses due by 8/15/2019 (Merkle, Zachary) |
Filing 20 ORDER granting #19 Motion to Appear Pro Hac Vice as to Attorney, James K. Borcia on 7/9/2019. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 19 MOTION to Appear Pro Hac Vice by Attorney James K. Borcia by on behalf of Cascade Corporation.(receipt# 07543922531 $200.00) (Borcia, James) Modified on 7/9/2019 (cds). |
Filing 18 AMENDED ANSWER to Plaintiff's Complaint by Cascade Corporation. (Rowe, Todd) |
Filing 17 ANSWER to Complaint by Toyota Material Handling, U.S.A., Inc..(Barton, Jonathan) |
Filing 16 ANSWER to Complaint by Toyota Industrial Equipment Mfg, Inc..(Barton, Jonathan) |
Filing 15 CONSENT to Removal byToyota Industrial Equipment Mfg, Inc., Toyota Material Handling, U.S.A., Inc.. (Barton, Jonathan) |
Filing 14 Corporate Disclosure Statement by Toyota Material Handling, U.S.A., Inc. identifying Corporate Parent Toyota Industries North America, Inc. for Toyota Material Handling, U.S.A., Inc.. (Barton, Jonathan) |
Filing 13 Corporate Disclosure Statement by Toyota Industrial Equipment Mfg, Inc. identifying Corporate Parent Toyota Industries North America, Inc. for Toyota Industrial Equipment Mfg, Inc.. (Barton, Jonathan) |
Filing 12 Corporate Disclosure Statement by Veolia North America, Veolia es Technical Solutions, LLC. (Merkle, Zachary) |
Filing 11 DEMAND for Trial by Jury by Veolia North America, Veolia es Technical Solutions, LLC. (Merkle, Zachary) |
Filing 10 NOTICE of Appearance by Zachary S. Merkle on behalf of Veolia North America, Veolia es Technical Solutions, LLC (Merkle, Zachary) |
Filing 9 NOTICE of Appearance by Mary Anne Mellow on behalf of Veolia North America, Veolia es Technical Solutions, LLC (Mellow, Mary) |
Filing 8 ANSWER to Complaint by Cascade Corporation.(Rowe, Todd) |
Filing 7 DEMAND for Trial by Jury by Toyota Industrial Equipment Mfg, Inc., Toyota Material Handling, U.S.A., Inc.. (Barton, Jonathan) |
Filing 6 NOTICE of Appearance by Jonathan T. Barton on behalf of Toyota Industrial Equipment Mfg, Inc. (Barton, Jonathan) |
Filing 5 NOTICE of Appearance by Jonathan T. Barton on behalf of Toyota Material Handling, U.S.A., Inc. (Barton, Jonathan) |
Filing 4 AMENDED NOTICE OF REMOVAL by Cascade Corporation. Amendment to #1 Notice of Removal . (Rowe, Todd) |
Filing 3 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 19-cv-707-NJR-MAB. 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. (Attachments: #1 Consent Brochure)(cds) |
Filing 2 NOTICE of Appearance by Todd M. Rowe on behalf of Cascade Corporation (Rowe, Todd) |
Filing 1 NOTICE OF REMOVAL from Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, case number 19-416 ( Filing fee $ 400 receipt number 0754-3918065), filed by Cascade Corporation.(Rowe, Todd) |
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