Manier v. Dalpra et al
| James Manier |
| Amish Country Farms, LLC and Mario Dalpra |
| 3:2020cv00329 |
| April 2, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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Filing 25
NOTICE OF MODIFICATION re #24 Order. PDF Order has been attached at Doc. 24. No further action is required by the filer in relation to this notification. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
ORDER Setting Telephonic Scheduling Conference: Telephonic Scheduling Conference set for 6/15/2020 at 10:30 AM before Magistrate Judge Mark A. Beatty. Joint Report of the Parties is due 6/8/2020. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0329. Signed by Magistrate Judge Mark A. Beatty on 5/13/2020. (jmj) (jmj).
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Filing 23
CJRA TRACK B assigned: Final Pretrial Conference set for 6/17/2021 at 10:00 AM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Presumptive Jury Trial month set for July 2021. Signed by Magistrate Judge Mark A. Beatty on 5/13/2020. (jmj)
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Filing 22
NOTICE of Appearance by Mark A. Emison on behalf of All Plaintiffs (Emison, Mark)
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Filing 21
NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 20-cv-329-MAB. Any District Judge previously assigned will no longer be assigned to this case. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Emison, J.) Unsealed on 5/4/2020 (tba).
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Filing 19
NOTICE of Appearance by J. Kent Emison on behalf of James Manier (Emison, J.)
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Filing 18
NOTICE: James Manier was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, James Manier shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 5/4/2020 (tba)
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Filing 17
Corporate Disclosure Statement by Amish Country Farms, LLC. (Perryman, Ted)
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Filing 16
AMENDED DOCUMENT by All Defendants. Amended Notice of Removal. (Perryman, Ted)
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Set/Reset Deadlines: Action due by 5/11/2020. (tba)
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Filing 15
JURISDICTIONAL 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."). Defendant Amish Country Farms, LLC, (with the consent of co-Defendant Mario Dalpra, who has not yet been served) removed this action from the Circuit Court of Franklin County, Illinois on April 2, 2020 based on the complete diversity of the parties (Doc. 1). However, Amish Country Farms' allegations regarding its own citizenship are deficient. It alleges that it is "an Indiana limited liability company, with all members in Indiana and Ohio, and with its principal place of business in Indiana. No member was or is a citizen of Illinois." These conclusory statements are insufficient for the Court to determine the citizenship of Amish Country Farms. It must instead explicitly identify each member of the LLC and each member's citizenship. See Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007); Meyerson v. Showboat Marina Casino Pship, 312 F.3d 318, 321 (7th Cir. 2002). Accordingly, Defendant Amish Country Farms is ORDERED to file an Amended Notice of Removal by May 11, 2020 that clearly sets forth all of the information needed to determine its citizenship and whether the parties are completely diverse. 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 cannot establish complete diversity, the Court may dismiss this action for lack of jurisdiction. Signed by Magistrate Judge Mark A. Beatty on 4/9/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
ANSWER to Complaint by Mario Dalpra.(Perryman, Ted)
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Filing 13
ANSWER to Complaint by Amish Country Farms, LLC.(Perryman, Ted)
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Filing 12
Letter to Attorney Raymond Lawler regarding admission to the Southern District of Illinois. (tba)
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Filing 11
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Perryman, Ted)
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Filing 10
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. 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: Amish Country Farms, LLC, Mario Dalpra, James Manier. 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-cv-329-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 4/24/2020 (tba)
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Filing 9
CONSENT to Removal byAmish Country Farms, LLC. (Perryman, Ted)
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Filing 8
NOTICE of Appearance by Korissa M. Zickrick on behalf of Amish Country Farms, LLC (Zickrick, Korissa)
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Filing 7
NOTICE of Appearance by Ted L. Perryman on behalf of Amish Country Farms, LLC (Perryman, Ted)
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Filing 6
STIPULATION For Removal by Mario Dalpra. (Perryman, Ted)
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Filing 5
NOTICE by Mario Dalpra re #1 Notice of Removal, to Plaintiff (Perryman, Ted)
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Filing 4
DEMAND for Trial by Jury by Mario Dalpra. (Perryman, Ted)
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Filing 3
NOTICE of Appearance by Korissa M. Zickrick on behalf of Mario Dalpra (Zickrick, Korissa)
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Filing 2
NOTICE of Appearance by Ted L. Perryman on behalf of Mario Dalpra (Perryman, Ted)
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Filing 1
NOTICE OF REMOVAL from Frankliln County Circuit Court, case number 2020L8 ( Filing fee $ 400 receipt number 0754-4152940), filed by Amish Country Farms, LLC, Mario Dalpra. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Perryman, Ted)
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