Liss v. TMS International, LLC
| Steven Liss |
| TMS International, LLC and TMS International, Inc. |
| 3:2019cv00810 |
| July 25, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Gilbert C Sison |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 44
MEMORANDUM in Opposition re #42 MOTION for Leave to File Jury Demand filed by Steven Liss. (Darr, Lanny)
|
|
Filing 43
RESPONSE to Motion re #42 MOTION for Leave to File Jury Demand filed by Steven Liss. (Darr, Lanny)
|
|
Filing 42
MOTION for Leave to File Jury Demand by TMS International, Inc.. (Murphy, Siobhan)
|
|
Filing 41
Minute Entry for proceedings held before Magistrate Judge Gilbert C. Sison: Telephonic Status Conference held on 1/21/2020. Attorney Lanny Darr present on behalf of Plaintiff. Attorney Siobhan Murphy present on behalf of Defendant. The Court RESETS the Bench Trial to 1/11/2021 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Gilbert C. Sison. A Final Pretrial Conference will be set at a later date. Should the parties find that a settlement conference would be beneficial, they are instructed to contact Judge Sison's chambers. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 40
NOTICE of Hearing: Telephonic Status Conference set for 1/21/2020 at 2:00 PM before Magistrate Judge Gilbert C. Sison. Counsel may participate via telephone conference. Instructions for the conference call are as follows: (1) call toll-free, 888-273-3658; (2) when prompted, enter the seven-digit Access Code: 5699758; (3) when prompted, enter the four-digit Security Code: 0810. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 39
ORDER: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, this case is REFERRED to United States Magistrate Judge Gilbert C. Sison. The Magistrate Judge shall conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. Chief Judge Nancy J. Rosenstengel no longer assigned to the case. All future documents must bear case number 19-810-GCS. Signed by Chief Judge Nancy J. Rosenstengel on 12/26/2019. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 38
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Murphy, Siobhan) Unsealed on 12/26/2019 (rah).
|
|
Filing 37
SCHEDULING AND DISCOVERY ORDER: Discovery due by 6/8/2020. Dispositive Motions due by 6/22/2020. Signed by Magistrate Judge Gilbert C. Sison on 12/10/2019. (Attachments: #1 Joint Report of Parties)(dmw2)
|
|
Filing 36
Minute Entry for proceedings held before Magistrate Judge Gilbert C. Sison: Telephonic Scheduling Conference held on 12/10/2019. Attorney Lanny Darr present on behalf of Plaintiff. Attorney Siobhan Murphy present on behalf of Defendant. The Joint Report of Parties will be adopted with the modification that Discovery is due 6/8/2020 and Dispositive Motions are due 6/22/2020. Should the parties seek to amend the trial date, a written motion will be required. The parties are reminded of the option of consenting to the magistrate judge. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 35
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #34 Notice (Other) filed by TMS International, Inc.. See Rule 26.1(b) Filing of Disclosure and Discovery. Interrogatories under Federal Rule of Civil Procedure 33 and the answers thereto, requests for production or inspection under Federal Rule of Civil Procedure 34, and depositions under Federal Rules of Civil Procedure 30 and 31 shall be served upon other counsel or parties but shall not be filed with the court. This includes notice of service of discovery documents. The party responsible for service of the discovery material shall retain the original and become the custodian thereof. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 34
ENTRY STRICKEN: NOTICE by TMS International, Inc. Certicate of Service of Written Discovery Directed to Plaintiff (Angeletti, Kara) Modified on 12/6/2019 (trb).
|
|
Filing 33
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Darr, Lanny) Unsealed on 12/26/2019 (rah).
|
|
Filing 32
ORDER: Pursuant to Administrative Order 257, this case has been selected for reassignment to a Magistrate Judge. Within 21 days of this Order, any party not previously having filed a Notice and Consent to Proceed before a Magistrate Judge Jurisdiction form in this case must file the attached form indicating that party's consent to proceed before a Magistrate Judge or an affirmative declination to consent. The 21-day deadline set forth in this Order does not apply to unserved parties. Deadlines for newly served parties to consent or decline to consent to proceed before a Magistrate Judge will be set by the Court at a later date. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent due by 12/23/2019.. Signed by Chief Judge Nancy J. Rosenstengel on 12/2/2019. (kdw)
|
|
Filing 31
NOTICE of Appearance by Siobhan M. Murphy on behalf of TMS International, Inc. (Murphy, Siobhan)
|
|
Filing 30
ORDER: Telephonic Scheduling Conference set for 12/10/2019 at 2:00 PM before Magistrate Judge Gilbert C. Sison. Instructions for the conference call are as follows: (1) call toll-free, 888-273-3658; (2) when prompted, enter the seven-digit Access Code: 5699758; (3) when prompted, enter the four-digit Security Code: 0810. Signed by Magistrate Judge Gilbert C. Sison on 11/12/2019. (dmw2)
|
|
Filing 29
CJRA TRACK B assigned: Final Pretrial Conference set for 9/22/2020 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Bench Trial month set for October 2020. (Attachments: #1 Consent to Magistrate Judge)(drb)
|
|
Filing 28
ANSWER TO AFFIRMATIVE DEFENSES re #27 by Steven Liss. (Darr, Lanny)
|
|
Filing 27
Defendant's ANSWER to #22 Amended Complaint and Affirmative Defenses by TMS International, Inc.. (Attachments: #1 Certificate of Service)(Angeletti, Kara)
|
|
Filing 26
ORDER granting #25 Motion for Extension of Time to Answer. Signed by Magistrate Judge Gilbert C. Sison on 10/1/2019. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 25
MOTION for Extension of Time to File Answer or Otherwise Plead to Plaintiff's Second Amended Complaint (Unopposed) by TMS International, Inc.. (Worker, Danny)
|
|
Filing 24
ORDER finding as moot #16 Motion for Extension of Time to Answer. Signed by Magistrate Judge Gilbert C. Sison on 9/24/2019. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 23
NOTICE of Appearance by Kara Elizabeth Angeletti on behalf of TMS International, Inc. (Angeletti, Kara)
|
|
Filing 22
AMENDED COMPLAINT against TMS International, LLC, filed by Steven Liss.(Darr, Lanny)
|
|
Filing 21
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #20 Amended Document filed by Steven Liss. Incorrect event used. Filer should have used the event "Amended Complaint" located under Civil > Initial Pleadings and Service > Complaints and Other Initiating Documents. Document should be re-filed accordingly. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 20
STRICKEN - AMENDED DOCUMENT by Steven Liss. Amendment to #12 Amended Complaint . (Darr, Lanny) Modified on 9/16/2019 (kek).
|
|
Filing 19
SECOND ORDER REGARDING JURISDICTION: As the Court previously explained to Plaintiff, he has not properly alleged the citizenship of Defendant TMS International, LLC. 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"). Accordingly, Plaintiff is ORDERED to file a Second Amended Complaint that corrects the defects in its pleading of the Court's subject matter jurisdiction on or before September 18, 2019. If Plaintiff fails to file a Second Amended Complaint in the manner and time prescribed or if, after reviewing it, the Court finds that Plaintiff does not properly establish subject matter jurisdiction, the Court will dismiss the action for lack of jurisdiction. See Guaranty Nat'l Title Co. Inc. v. J.E.G. Associates, 101 F.3d 57, 59 (7th Cir. 1996); see also Tylka v. Gerber Prods. Co., 211 F.3d 445, 448-49 (7th Cir. 2000) (It is the plaintiff's burden to establish that this Court has jurisdiction, and a court is not required to "lead counsel through a jurisdictional paint-by-numbers scheme."). (Amended Pleadings due by 9/18/2019). Signed by Chief Judge Nancy J. Rosenstengel on 8/28/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 18
NOTICE REGARDING FILING re #17 Notice of Appearance filed by TMS International, LLC. Document attached is a fillable form. Fillable forms should be converted to non-fillable PDFs prior to filing on CM/ECF. This notice is sent for informational purposes only, no further action is required. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 17
NOTICE of Appearance by Danny Lane Worker on behalf of All Defendants (Worker, Danny)
|
|
Filing 16
MOTION for Extension of Time to File Answer Unopposed by All Defendants. (Worker, Danny)
|
|
Filing 15
SUMMONS Returned Executed by Steven Liss. TMS International, LLC served on 8/13/2019, answer due 9/3/2019. (Darr, Lanny)
|
|
Filing 14
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #13 Return of Service Executed filed by Steven Liss. Incorrect filing event chosen. Document should be re-filed using the event "Summons Returned Executed" located under Civil > Initial Pleadings and Service > Service of Process. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 13
STRICKEN - RETURN OF SERVICE EXECUTED by Steven Liss on 8/13/2019. (Darr, Lanny) Modified on 8/20/2019 (kek).
|
|
Filing 12
AMENDED COMPLAINT against TMS International, LLC, filed by Steven Liss.(Darr, Lanny)
|
|
Filing 11
ORDER REGARDING JURISDICTION: In light of Seventh Circuit admonitions, see, e.g. America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072 (1992), the Court has undertaken an initial review of the pleadings to ensure that jurisdiction has been properly pleaded. Plaintiff invokes jurisdiction pursuant to the Court's diversity jurisdiction. Plaintiff has made a jurisdictional allegations based upon "information and belief" (See Doc. 1). It is well settled in the Seventh Circuit that jurisdictional allegations based upon information and belief are insufficient to establish federal subject matter jurisdiction. America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (per curiam). Additionally, Plaintiff has not properly alleged the citizenship of TMS International, LLC. 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 same definition of citizenship applies to foreign LLCs as well as domestic LLCs. See Hunley v. Glencore Ltd., Inc., No. 3:10-cv-455, 2012 WL 1071271, at *910 (E.D. Tenn. Mar. 29, 2012) (directing plaintiff to amend complaint to state membership of foreign LLC defendant so the court could determine LLC's citizenship for purposes of diversity jurisdiction). Lastly, the amount in controversy must exceed "$75,000, exclusive of interest and costs" for the Court to have diversity jurisdiction over the case. 28 U.S.C. 1332. The Complaint alleges that the amount in controversy exceeds $75,000, but does not allege the amount in controversy, exclusive of interest and costs (Doc. 1). Accordingly, Plaintiff is ORDERED to file an Amended Complaint that corrects the defects in its pleading of the Court's subject matter jurisdiction on or before August 23, 2019, or the Court will dismiss this action for lack of jurisdiction. (Amended Pleadings due by 8/23/2019). Signed by Chief Judge Nancy J. Rosenstengel on 7/26/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 10
NOTICE of Appearance by Lanny H. Darr, II on behalf of Steven Liss (Darr, Lanny)
|
|
Filing 9
NOTICE REGARDING FILING re #8 Notice of Appearance filed by Steven Liss. Case number omitted from filing. All future documents shall bear case number 19-cv-810-NJR-GCS. In addition, all fillable documents shall be converted to non-fillable PDFs prior to filing on CM/ECF. This Notice is sent for informational purposes only. No further action to be taken regarding Document #8 . (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 8
NOTICE of Appearance by Lanny H. Darr, II on behalf of Steven Liss (Darr, Lanny)
|
|
Filing 7
Summons Issued as to TMS International, LLC. (rah)
|
|
Filing 6
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENT striking #2 Notice of Appearance filed by Steven Liss. Electronic signature omitted. See Section 2.0: page 2.1 of Users Manual. E-filer is instructed to re-file document. Fillable documents should be converted to nonfillable PDF before filing on CM/ECF. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 5
Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Gilbert C. Sison assigned. All future documents must bear case number 19-810-NJR-GCS. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (Attachments: #1 Magistrate Brochure)(rah)
|
|
Filing 4
EXHIBIT by Steven Liss. Exhibit to #1 Complaint . (Darr, Lanny)
|
|
Filing 3
Summons Requested. (Darr, Lanny)
|
|
Filing 2
STRICKEN - NOTICE of Appearance by Lanny H. Darr, II on behalf of Steven Liss (Darr, Lanny) Modified on 7/26/2019 (rah).
|
|
Filing 1
COMPLAINT against TMS International, LLC ( Filing fee $ 400 receipt number 0754-3937791.), filed by Steven Liss.(Darr, Lanny)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
