Deli Star Corp, Inc. v. Real Good Food Company LLC,et al
Plaintiff: Deli Star Corp, Inc.
Defendant: Whittier Enterprise, LLC d/b/a Popkoff's, The Real Good Food Company LLC, Whittier Enterprise, LLC doing business as Popkoff's and Real Good Food Company, LLC
Case Number: 3:2020cv00811
Filed: August 21, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Staci M Yandle
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 22, 2020 Filing 21 Acknowledgement Letter from St. Clair County Circuit Court. (kdw)
September 22, 2020 Filing 20 Letter sent to St. Clair County State Court regarding Order of Remanding Case. (trb)
September 21, 2020 Opinion or Order Filing 19 ORDER OF REMAND: The Motion to Withdraw Notice of Removal (Doc. #17 ) is GRANTED. This case is REMANDED to the Twentieth Judicial Circuit, St. Clair County, Illinois. All pending motions are TERMINATED as MOOT. Signed by Judge Staci M. Yandle on 9/21/2020. (dah)
September 18, 2020 Filing 18 MOTION to Stay Responsive Pleading Deadline Pending Approval of Motion to Withdraw Notice of Removal by Real Good Food Company, LLC. (Pustilnik, David)
September 17, 2020 Filing 17 MOTION to Withdraw #1 Notice of Removal, by Real Good Food Company, LLC. (Pustilnik, David)
September 15, 2020 Filing 16 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 Staci M. Yandle for further proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 20-811-SMY. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 14, 2020 Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Pustilnik, David)
August 28, 2020 Filing 14 SUMMONS Returned Executed by Deli Star Corp, Inc.. Whittier Enterprise, LLC served on 8/27/2020, answer due 9/17/2020. (Siegel, Derek)
August 28, 2020 Opinion or Order Filing 13 ORDER GRANTING #12 Motion for Extension of Time to Answer. The deadline for Defendant The Real Good Food Company, LLC to file its Answer or other responsive pleading to the Complaint is EXTENDED to September 18, 2020. Signed by Magistrate Judge Mark A. Beatty on 8/28/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 27, 2020 Filing 12 MOTION for Extension of Time to File Answer or Otherwise Plead [Uncontested] by Real Good Food Company, LLC. (Pustilnik, David)
August 27, 2020 Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Siegel, Derek)
August 27, 2020 Opinion or Order Filing 10 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 The Real Good Food Company, LLC removed this action from the Circuit Court of St. Clair County, Illinois on August 21, 2020 based on the complete diversity of the parties (Doc. 1). However, the allegations regarding the citizenship of the Defendants are deficient. Each Defendant is an LLC, 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, the jurisdictional statement for the Defendants must identify each member and the citizenship of each of member 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). Accordingly, Defendant The Real Good Food Company, LLC is ORDERED to file an Amended Notice of Removal by September 17, 2020 that clearly sets forth all of the information needed to determine 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 8/27/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 27, 2020 Filing 9 Summons Issued as to Whittier Enterprise, LLC. and returned to attorney for service. (trb)
August 27, 2020 Filing 8 NOTICE REGARDING FILING re #6 Notice of Appearance filed by Real Good Food Company, LLC. Notice of Appearance filed is a fillable document. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF. This Notice is sent for informational purposes only. No further action required. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 26, 2020 Filing 7 Summons Requested. (Siegel, Derek)
August 26, 2020 Filing 6 NOTICE of Appearance by David F Pustilnik on behalf of Real Good Food Company, LLC (Pustilnik, David)
August 25, 2020 Filing 5 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 Michael Kozlowski, Jr. does not have a Notice of Appearance on file in this case. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 25, 2020 Filing 4 NOTICE of Appearance by Derek J. Siegel on behalf of Deli Star Corp, Inc. (Siegel, Derek)
August 24, 2020 Filing 3 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: Deli Star Corp, Inc., Real Good Food Company LLC, Whittier Enterprise, LLC. 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 20-811-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 9/14/2020 (trb)
August 21, 2020 Filing 2 Corporate Disclosure Statement by The Real Good Food Company LLC. (Kozlowski, Michael)
August 21, 2020 Filing 1 NOTICE OF REMOVAL from Circuit Court of St. Clair County, Illinois, case number 20L0275 ( Filing fee $ 400 receipt number 0754-4261303), filed by The Real Good Food Company LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A (Complaint), #3 Exhibit B (State Court Docket), #4 Exhibit C (Summons))(Kozlowski, Michael)

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Defendant: Whittier Enterprise, LLC d/b/a Popkoff's
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Defendant: The Real Good Food Company LLC
Represented By: Michael S. Kozlowski, Jr.
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Defendant: Whittier Enterprise, LLC doing business as Popkoff's
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Defendant: Real Good Food Company, LLC
Represented By: Michael S. Kozlowski, Jr.
Represented By: David F Pustilnik
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Plaintiff: Deli Star Corp, Inc.
Represented By: Derek J. Siegel
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