Helfrich et al v. Stonebridge Roofing, LLC
| James Helfrich and Gerald Paule |
| Stonebridge Roofing, LLC d/b/a Stonebridge Construction & Roofing and Stonebridge Construction and Roofing |
| 3:2020cv00935 |
| September 14, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 15, 2021. A more recent docket listing may be available from PACER.
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Filing 18
ORDER: Having received the consent form from Plaintiff Gerald Paule (Doc. #15 ), the Order to Show Cause (Doc. 14 ) is DISCHARGED. No further action is required from Plaintiff Paule. Signed by Magistrate Judge Mark A. Beatty on 10/28/2020. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 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 20-935-MAB. Any District Judge previously assigned will no longer be assigned to this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 16 CJRA TRACK B assigned: Final Pretrial Conference set for 9/15/2021 at 9:30 AM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Presumptive Bench Trial month is set for October 2021 in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Signed by Magistrate Judge Mark A. Beatty on 10/26/2020. (jmj) |
| Filing 15 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Song, Benedict) Modified on 10/27/2020 (kdw). |
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Scheduling Conference set for 12/8/2020 10:30 AM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Joint Report of the Parties due seven days before the conference. The parties are reminded that the proposed discovery and dispositive motions deadlines must be in compliance with the requirements set forth in this Court's form order. See also SDIL-LR 7.1(f) and Timetable. Instructions for joining the conference call are as follows: Call toll free 877-336-1829; when prompted, enter Access Code 4442281; followed by Security Code 0935. Signed by Magistrate Judge Mark A. Beatty on 10/26/2020. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Plaintiff Gerald Paule was previously directed to file the form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has long passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Plaintiff Gerald Paule and/or Counsel of Record is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 11/5/2020. Consent form can be found at Document 10. Signed by Magistrate Judge Mark A. Beatty on 10/22/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
ORDER GRANTING #12 Motion for Extension of Time. The Court grants Plaintiffs a 30-day extension to file their response to #6 Motion to Dismiss. Their response is now due on or before November 25, 2020. Signed by Magistrate Judge Mark A. Beatty on 10/15/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 MOTION for Extension of Time by All Plaintiffs. (Song, Benedict) |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Song, Benedict) |
| Filing 10 NOTICE: James Helfrich & Gerald Paule 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 Helfrich & Gerald Paule 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 10/14/2020. (rah) |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Horscroft, Thomas) |
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Filing 8
ORDER VACATING 7 Jurisdictional Order. The undersigned inadvertently overlooked the Amended Notice of Removal (Doc. 3), which adequately pleads diversity jurisdiction. Consequently, the Jurisdictional Order is VACATED and Defendant can disregard the instructions therein. Signed by Magistrate Judge Mark A. Beatty on 9/24/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
VACATED PER ORDER AT DOC 8 - 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 Stonebridge Construction and Roofing removed this action from the Circuit Court of St. Clair County, Illinois on September 14, 2020 based on the complete diversity of the parties (Doc. 1). However, the allegations regarding Defendant's citizenship are deficient. Defendant asserts that it is an LLC (Doc. 1), 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 notice of removal must identify each member of the LLC and their citizenship as of the date the complaint was filed and the date of removal, 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 Stonebridge Construction and Roofing is ORDERED to file an Amended Notice of Removal by October 15, 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 will dismiss this action for lack of jurisdiction. Signed by Magistrate Judge Mark A. Beatty on 9/24/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 9/25/2020 (rah).
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| Filing 6 MOTION to Dismiss by Stonebridge Construction and Roofing. Responses due by 10/26/2020 (Horscroft, Thomas) |
| Filing 5 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: All Parties. 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 20-935-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 10/6/2020. (rah) |
| Filing 4 NOTICE by Stonebridge Construction & Roofing of Notice of Removal (Attachments: #1 Exhibit 1)(Horscroft, Thomas) |
| Filing 3 NOTICE OF REMOVAL (Amended) from Circuit Court for the Twentieth Judicial Circuit, case number 20-L-0612, filed by Stonebridge Construction & Roofing. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Horscroft, Thomas) |
| Filing 2 NOTICE of Appearance by Thomas C. Horscroft on behalf of Stonebridge Construction & Roofing (Horscroft, Thomas) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court for the Twentieth Judicial Circuit, case number 20-L-0612 ( Filing fee $400 receipt number 0754-4280212), filed by Stonebridge Construction & Roofing. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(Horscroft, Thomas) |
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