Whalen v. Northern Freight, LLC et al
| Wayne R Whalen and Wayne Whalen |
| Ahmed Muse Sankus, Northern Freight, LLC and Ahmed Sankus |
| 3:2020cv00797 |
| August 18, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 28
HIPAA QUALIFIED PROTECTIVE ORDER. Signed by Judge J. Phil Gilbert on 10/1/2020. (cab).
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| Filing 27 MOTION for Protective Order by Northern Freight, LLC, Ahmed Sankus. (Attachments: #1 Exhibit Agreed HIPAA Qualified Protective Order)(Pratt, Tyler) |
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Filing 26
SCHEDULING AND DISCOVERY ORDER. The Joint Report of Parties is approved and entered. Discovery due by 11/5/2021. Dispositive Motions due by 11/19/2021. The Final Pretrial Conference is scheduled for 3/9/2022 at 9:00 AM with a Jury Trial date of 3/21/2022 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Signed by Judge J. Phil Gilbert on 9/18/2020. (Attachments: #1 Joint Report)(tag)
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| Filing 25 CJRA TRACK C assigned: Final Pretrial Conference is scheduled for 3/9/2022 at 9:00 AM with a Jury Trial date of 3/21/2022 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are to submit a Joint Report regarding Proposed Scheduling and Discovery Order within 21 days of the entry of this filing. Scheduling/Discovery and Settlement Conferences will NOT be set for hearing unless requested by the parties or deemed necessary by the Court. (tag) |
| Filing 24 NOTICE of Appearance by Mark Raymond Benfield on behalf of All Defendants (Benfield, Mark) |
| Filing 23 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #21 Motion for Miscellaneous Relief filed by Ahmed Sankus, Northern Freight, LLC. Joint Report of Parties and Proposed Scheduling and Discovery Order is to be emailed to the appropriate Judge and not filed on the docket. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 22 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 20-797-JPG. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 21 STRICKEN - Joint MOTION Report of Parties and Proposed Scheduling and Discovery Order by Northern Freight, LLC, Ahmed Sankus. (Pratt, Tyler) Modified on 9/14/2020 (cds). |
| Filing 20 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Pratt, Tyler) |
| Filing 19 Affirmative Defenses to #8 Amended Complaint by Ahmed Sankus. (Pratt, Tyler) |
| Filing 18 Affirmative Defenses to #8 Amended Complaint by Northern Freight, LLC. (Pratt, Tyler) |
| Filing 17 ANSWER to #8 Amended Complaint by Ahmed Sankus.(Pratt, Tyler) |
| Filing 16 ANSWER to #8 Amended Complaint by Northern Freight, LLC.(Pratt, Tyler) |
| Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Austin, Ivo) |
| Filing 14 NOTICE: Wayne Whalen 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, Wayne Whalen 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 9/17/2020 (cds) |
| Filing 13 NOTICE FROM CLERK Instructing Northern Freight, LLC, Ahmed Sankus 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 Northern Freight, LLC, Ahmed Sankus on 9/10/2020. Consent due by 10/1/2020 (cds) |
| Filing 12 Corporate Disclosure Statement by Northern Freight, LLC. (Pratt, Tyler) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Ahmed Sankus. Ahmed Sankus waiver sent on 9/2/2020, answer due 11/2/2020. (Pratt, Tyler) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Northern Freight, LLC. Northern Freight, LLC waiver sent on 9/2/2020, answer due 11/2/2020. (Pratt, Tyler) |
| Filing 9 NOTICE of Appearance by Tyler J. Pratt on behalf of Northern Freight, LLC, Ahmed Sankus (Pratt, Tyler) |
| Filing 8 AMENDED COMPLAINT Plaintiff's First Amended Complaint against All Defendants, filed by All Plaintiffs.(Austin, Ivo) |
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Filing 7
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."). Plaintiff filed this action on August 18, 2020 based on the complete diversity of the parties (Doc. 1). However, the allegations regarding the citizenship of Northern Freight, LLC and Ahmed Sankus are deficient. The complaint alleges that Northern Freight, LLC is a Pennsylvania corporation with its principal place of business in Pennsylvania (Doc. 1), but 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, the jurisdictional statement for Northern Freight, LLC must identify the citizenship of each of its members as of the date the complaint was filed, and, if those members have members, the citizenship of those members as well, until a corporation or a natural person is reached. West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829 (7th Cir. 2020); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). As for Defendant Sankus, the complaint alleges that he is "a resident of the State of Pennsylvania," (Doc. 1), but "residence and citizenship are not synonyms and it is the latter that matters for purposes of diversity jurisdiction." Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002). Accordingly, Plaintiff is ORDERED to file an Amended Complaint by September 17, 2020 that clearly sets forth all of the information needed to determine whether the parties are completely diverse. If Plaintiff fails to file an Amended Complaint in the manner and time prescribed or if, after reviewing it, the Court finds that Plaintiff cannot establish complete diversity, the Court may dismiss this action for lack of jurisdiction. Signed by Magistrate Judge Mark A. Beatty on 8/27/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Summons Issued as to Northern Freight, LLC. Original summons sent to counsel for service. (amv) |
| Filing 5 NOTICE of Appearance by Ivo Andrew Austin on behalf of All Plaintiffs (Austin, Ivo) |
| Filing 4 Summons Issued as to Ahmed Sankus. (amv) |
| Filing 3 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 Austin does not have a Notice of Appearance on file in this case. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 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: Wayne R Whalen. 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-797-MAB. Consent due by 9/9/2020 (cds) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-4257479.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Austin, Ivo) |
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