Womack et al v. Makharadze et al

Plaintiff:	Amy Womack and Alex Womack
Defendant:	Gilster-Mary Lee Corporation, Kyamran Makharadze, Great Lakes Transport Solution, LLC and Merix Expedited Services, LLC
Case Number:	3:2019cv00937
Filed:	August 27, 2019
Court:	US District Court for the Southern District of Illinois
Presiding Judge:	Nancy J Rosenstengel
Referring Judge:	Gilbert C Sison
Nature of Suit:	Motor Vehicle
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Defendant

Docket Report

This docket was last retrieved on February 7, 2020. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 24, 2019	Filing 26 ORDER: Telephonic Scheduling Conference set for 11/22/2019 at 9:15 AM 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: 0937. Signed by Magistrate Judge Gilbert C. Sison on 10/24/2019. (dmw2)
October 22, 2019	Filing 25 ORDER GRANTING #22 First Motion for Extension of Time. Plaintiffs' response to Defendant Gilster-Mary Lee Corporation's Motion to Dismiss will be due 21 days after the Court issues a ruling on the pending #21 Motion to Remand. Signed by Chief Judge Nancy J. Rosenstengel on 10/22/2019. (bak)
October 21, 2019	Filing 24 CJRA TRACK C assigned: Final Pretrial Conference set for 11/19/2020 at 10:30 AM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Jury Trial set for December, 2020. (Attachments: #1 Consent to Magistrate Judge)(drb)
October 17, 2019	Filing 23 ORDER: A response, if any, to the #22 First Motion for Extension of Time is due on or before October 21, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 10/17/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 16, 2019	Filing 22 First MOTION for Extension of Time by All Plaintiffs. (Marcus, Robert)
October 16, 2019	Filing 21 First MOTION to Remand by All Plaintiffs. Responses due by 11/18/2019 (Attachments: #1 Exhibit Exhibit A)(Marcus, Robert)
October 7, 2019	Filing 20 Corporate Disclosure Statement by Gilster-Mary Lee Corporation. (Guerra, Jason)
October 1, 2019	Set/Reset Deadlines: The Court allows defendant, Gilster-Mary Lee Corporation up to and including October 14, 2019 to file Civil Procedure 7.1 disclosure statement Action due by 10/14/2019. (cds)
September 30, 2019	Filing 19 ORDER: A review of the record in this case indicates that defendant Gilster-Mary Lee Corporation has not filed its Federal Rule of Civil Procedure 7.1 disclosure statement. Thus, the Court ALLOWS Defendant, up to and including October 14, 2019 to do so. Signed by Chief Judge Nancy J. Rosenstengel on 9/30/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 27, 2019	Filing 18 AMENDED Notice of Removal by Great Lakes Transport Solution, LLC. Amendment to 11 Order,,,,,,,,, Set Deadlines,,,,,,,, #1 Notice of Removal . (Heise, Douglas) Modified on 9/30/2019 (cds).
September 17, 2019	Filing 17 NOTICE of Appearance by Steven A. Ahillen on behalf of Gilster-Mary Lee Corporation (Ahillen, Steven)
September 17, 2019	Filing 16 EXHIBIT by Gilster-Mary Lee Corporation. Exhibit to #15 Motion to Dismiss for Failure to State a Claim . (Guerra, Jason)
September 16, 2019	Filing 15 MOTION to Dismiss for Failure to State a Claim by Gilster-Mary Lee Corporation. Responses due by 10/21/2019 (Guerra, Jason)
September 16, 2019	Filing 14 NOTICE of Appearance by Jason D. Guerra on behalf of Gilster-Mary Lee Corporation (Guerra, Jason)
September 16, 2019	Filing 13 Dft Kyamran Makharadze's ANSWER to Complaint Plaintiffs' by Kyamran Makharadze.(O'Keefe, Donald)
September 16, 2019	Filing 12 NOTICE of Appearance by Donald L. O'Keefe, Jr on behalf of Kyamran Makharadze (O'Keefe, Donald)
September 10, 2019	Filing 11 ORDER REGARDING JURISDICTION: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. 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"). As to Defendants Great Lakes Transport Solution, LLC and Merix Expedited Services, LLC, the Notice of Removal does not disclose the list of each member and each member's citizenship. The Notice of Removal also fails to allege the citizen of Defendant Gilster-Mary Lee Corporation. Section 1332 of Title 28 states that a corporation shall be deemed to be a citizen of any state by which it has been incorporated and of the state where it has its principal place of business. The state of incorporation and the principal place of business must be alleged in the Notice of Removal. McMillian v. Sheraton Chicago Hotel & Towers, 567 F.3d 839, 845 n.10 (7th Cir. 2009), quoting 28 U.S.C. 1332(c)(1). Lastly, the Notice of Removal must allege that the amount in controversy "exceeds the sum or value of $75,000, exclusive of interest and costs" for the Court to have diversity jurisdiction over the case. 28 U.S.C. 1332. Accordingly, Defendant is ORDERED to file an Amended Notice of Removal no later than October 8, 2019, which clearly sets forth all of the information needed to determine whether jurisdiction lies in this Court. If Defendant fails to file an Amended Notice of Removal in the manner and time prescribed or if, after reviewing it, the Court finds that Defendant does not properly establish subject matter jurisdiction, the Court will remand 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). (Amended Pleadings due by 10/8/2019). Signed by Chief Judge Nancy J. Rosenstengel on 9/10/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 10, 2019	Filing 10 NOTICE of Appearance by Ryan A. Kemper on behalf of Great Lakes Transport Solution, LLC (Kemper, Ryan)
September 10, 2019	Filing 9 Corporate Disclosure Statement by Great Lakes Transport Solution, LLC. (Heise, Douglas)
September 9, 2019	Filing 8 ANSWER to Complaint and Affirmative Defenses by Great Lakes Transport Solution, LLC.(Heise, Douglas)
September 5, 2019	Filing 7 Corporate Disclosure Statement by Merix Expedited Services, LLC. (O'Keefe, Donald)
September 5, 2019	Filing 6 ANSWER to Complaint by Merix Expedited Services, LLC.(O'Keefe, Donald)
September 5, 2019	Filing 5 NOTICE of Appearance by Donald L. O'Keefe, Jr on behalf of Merix Expedited Services, LLC (O'Keefe, Donald)
August 29, 2019	Filing 4 NOTICE of Appearance by Robert P. Marcus on behalf of All Plaintiffs (Marcus, Robert)
August 28, 2019	Filing 3 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Gilbert C. Sison assigned. All future documents must bear case number 19-cv-937-NJR-GCS. 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)
August 28, 2019	Filing 2 NOTICE of Appearance by Douglas R. Heise on behalf of Great Lakes Transport Solution, LLC (Heise, Douglas)
August 28, 2019	Filing 1 NOTICE OF REMOVAL from Third Judicial Circuit, Madison County, IL, case number 2019L-001043, filed by Great Lakes Transport Solution, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Heise, Douglas)
August 28, 2019	Filing fee: $400.00, receipt number 34625095570 (rah)

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Defendant: Gilster-Mary Lee Corporation
Represented By:	Jason D. Guerra
Represented By:	Steven A. Ahillen
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Defendant: Kyamran Makharadze
Represented By:	Donald L. O'Keefe, Jr.
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Defendant: Great Lakes Transport Solution, LLC
Represented By:	Douglas R. Heise
Represented By:	Ryan A. Kemper
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Defendant: Merix Expedited Services, LLC
Represented By:	Donald L. O'Keefe, Jr.
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Plaintiff: Amy Womack
Represented By:	Robert P. Marcus
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Plaintiff: Alex Womack
Represented By:	Robert P. Marcus
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