Cordes et al v. Cooper, MD et al
| Michael Cordes, Lindsey Cordes and John Cordes |
| Centers for Reproductive Medicine and Wellness, LLC, d/b/a Vios Firtility, Advengenix, LLC, Vios Fertitility Institute Chicago, LLC, Amber Cooper, MD, Advagenix, LLC, Centers for Reproductive Medicine and Wellness, LLC and Amber Cooper |
| 3:2020cv00010 |
| January 3, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 38
ORDER GRANTING #36 Motion for Extension of Time. Plaintiffs' deadline to file an amended complaint that sets forth allegations sufficient to establish diversity jurisdiction, (see Doc. 29), is EXTENDED to March 27, 2020. Signed by Magistrate Judge Mark A. Beatty on 2/26/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 37
NOTICE REGARDING FILING re #36 Motion for Extension of Time filed by John Cordes, Lindsey Cordes. When documents will contain multiple Attorney signatures, the non-filing Attorney shall include "with consent" in his/her signature. This Notice is sent for informational purposes only. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 36
First MOTION for Extension of Time by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Davis, Nathaniel)
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Filing 35
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Labus, Jennifer)
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Filing 34
NOTICE OF MODIFICATION re #32 Notice (Other) filed by John Cordes, Lindsey Cordes. Incorrect event selected. Select the event that most closely matches the document being filed. For this document, the correct event is "Notice of Appearance" under the heading "Other Filings/ Notices". Docket text modified to reflect the correct document. No further action required by the filer. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 33
NOTICE of Appearance by Jennifer M. Labus on behalf of Advagenix, LLC (Labus, Jennifer)
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Filing 32
NOTICE of Appearance by Anne-Marie Brockland on behalf of John Cordes and Lindsey Cordes (Brockland, Anne-Marie) Modified on 2/18/2020 (kdw).
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Filing 31
NOTICE REGARDING FILING re #30 Notice of Appearance filed by Advagenix, LLC. Document attached is a fillable form. Fillable documents should be converted to non-fillable PDFs prior to filing on CM/ECF. This Notice is sent for informational purposes only and therefore, no further action is required.. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Set Deadlines: Amended Complaint due by 3/5/2020. (kek)
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Filing 30
NOTICE of Appearance by Jennifer M. Labus on behalf of Advagenix, LLC (Labus, Jennifer)
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Filing 29
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."). Defendants Centers for Reproductive Medicine and Wellness, LLC; Vios Fertility Institute Chicago, LLC; and Advagenix, LLC are all limited liability companies, and the citizenship of an LLC for diversity purposes is the citizenship of each of its members. See, e.g., Copeland v. Penske Logistics, LLC, 675 F.3d 1040, 1043 (7th Cir. 2012). "Consequently, an LLC's jurisdictional statement must identify the citizenship of each of its members as of the date the complaint or notice of removal was filed, and, if those members have members, the citizenship of those members as well." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Here, the Amended Complaint simply alleges that "all of its members are citizens of the State of Illinois" for both Centers for Reproductive Medicine and Wellness, LLC and Vios Fertility Institute Chicago, LLC. Similarly, the Amended Complaint alleges that "all of its members are citizens of the State of Maryland," for Advagenix, LLC (Doc. 15). This conclusory allegation is insufficient for the Court to determine whether diversity jurisdiction exists. Plaintiffs must identify each member of the LLC and specifically plead the citizenship of each member. See Thomas, 487 F.3d at 534; Meyerson v. Showboat Marina Casino Pship, 312 F.3d 318, 321 (7th Cir. 2002). Accordingly, Plaintiffs are ORDERED to file an Amended Complaint by March 5, 2020 that clearly sets forth all of the information needed to determine whether jurisdiction lies in this Court. If Plaintiffs fail to file an Amended Complaint in the manner and time prescribed or if, after reviewing it, the Court finds that Plaintiffs cannot establish subject matter jurisdiction, the Court may dismiss this action for lack of jurisdiction. Signed by Magistrate Judge Mark A. Beatty on 2/13/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 28
WAIVER OF SERVICE Returned Executed by Advagenix, LLC. Advagenix, LLC waiver sent on 1/10/2020, answer due 3/10/2020. (Arrigo, Sheryl)
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Filing 27
WAIVER OF SERVICE Returned Executed by All Plaintiffs. Vios Fertitility Institute Chicago, LLC waiver sent on 2/6/2020, answer due 4/6/2020. (Davis, Nathaniel)
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Filing 26
WAIVER OF SERVICE Returned Executed by All Plaintiffs. Centers for Reproductive Medicine and Wellness, LLC waiver sent on 2/6/2020, answer due 4/6/2020. (Davis, Nathaniel)
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Filing 25
NOTICE OF MODIFICATION re #24 Waiver of Service Executed. Docket text indicates Waivers of Service are returned for Centers for Reproductive Medicine and Wellness, LLC, Amber Cooper, and Vios Fertility Institute Chicago, LLC. Document attached only indicates service as to Amber Cooper. Docket text has been modified to remove reference to parties Centers for Reproductive Medicine and Wellness, LLC and Vios Fertility Institute Chicago, LLC. No further action is required by the filer in relation to this notification. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
WAIVER OF SERVICE Returned Executed by All Plaintiffs. Amber Cooper waiver sent on 2/6/2020, answer due 4/6/2020; (Davis, Nathaniel) Modified on 2/11/2020 (kek).
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Filing 23
NOTICE of Appearance by Nathaniel Wayne Davis on behalf of All Plaintiffs (Davis, Nathaniel)
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Filing 22
NOTICE FROM CLERK Instructing Advagenix, LLC to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Advagenix, LLC on 2/10/2020. Consent due by 3/2/2020 (kek)
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Filing 21
NOTICE of Appearance by Sheryl M. Arrigo on behalf of Advagenix, LLC (Arrigo, Sheryl)
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Filing 20
Summonses Reissued as to Amber Cooper, Centers for Reproductive Medicine and Wellness, LLC, Vios Fertitility Institute Chicago, LLC, and Advengenix, LLC. Originals mailed to Attorney Boock. (kek)
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Filing 19
Summons Requested. (Boock, Jamie)
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Filing 18
Summons Requested. (Boock, Jamie)
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Filing 17
Summons Requested. (Boock, Jamie)
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Filing 16
Summons Requested. (Boock, Jamie)
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Filing 15
AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Boock, Jamie)
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Filing 14
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Boock, Jamie)
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Filing 13
NOTICE OF REASSIGNMENT TO A U.S. MAGISTRATE JUDGE: Pursuant to Administrative Order No. 257, this case is reassigned to United States Magistrate Judge Mark A. Beatty. District Judge J. Phil Gilbert no longer assigned to the case. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: John Cordes, Lindsey Cordes. A link regarding the magistrate judges in this district is attached for your convenience: http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-10-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due 2/5/2020.(lmb)
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Set Deadlines: Amended Pleadings due by 1/27/2020. (kek)
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Filing 12
MEMORANDUM AND ORDER, re: jurisdictional defect. Amended pleading due by 1/27/2020. Signed by Judge J. Phil Gilbert on 1/10/2020. (jdh)
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Filing 11
NOTICE of Appearance by Jamie L. Boock on behalf of All Plaintiffs (Boock, Jamie)
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Filing 10
NOTICE OF ACTION - 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 Boock does not have a Notice of Appearance on file in this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
Summonses Issued as to Amber Cooper, Centers for Reproductive Medicine and Wellness, LLC, Vios Fertitility Institute Chicago, LLC, and Advengenix, LLC. Originals have been mailed to Attorney Boock. (kek)
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Filing 8
EXHIBIT by All Plaintiffs. Exhibit to #1 Complaint Civil Cover Sheet. (Boock, Jamie)
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Filing 7
NOTICE OF ACTION re #1 Complaint filed by Michael Cordes, Lindsey Cordes. The Civil Cover Sheet was not filed as an attachment to the Complaint as instructed. The Civil Cover sheet must be filed using the event "Exhibit" located under Civil > Other Documents and should be linked back to the Complaint docket entry. In addition, parties were not named in accordance with the Complaint and this Court's Instructions for Naming and Adding Parties. Party names will be modified by the Clerk's Office accordingly. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
Notice of Judge Assignment. Judge J. Phil Gilbert and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 20-cv-10-JPG-MAB. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (Attachments: #1 Consent Brochure)(kek)
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Filing 5
Summons Requested. (Boock, Jamie)
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Filing 4
Summons Requested. (Boock, Jamie)
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Filing 3
Summons Requested. (Boock, Jamie)
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Filing 2
Summons Requested. (Boock, Jamie)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-4076419.), filed by Lindsey Cordes, Michael Cordes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Boock, Jamie)
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