Carnahan et al v. Bob Evans Restaurants, LLC
| Evelyn E. Carnahan and Stanley Carnahan, III |
| Bob Evans Restaurants, LLC |
| 3:2022cv00525 |
| March 16, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on May 9, 2022. A more recent docket listing may be available from PACER.
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Filing 13
ORDER RESETTING TELEPHONIC SCHEDULING CONFERENCE: Due to a conflict in the Court's schedule, the Telephonic Scheduling Conference is RESET for 6/7/2022 at 3:00 PM with Chief Judge Nancy J. Rosenstengel. Instructions for joining the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610. The parties are to submit a Joint Report and Proposed Scheduling and Discovery Order seven days before the conference via e-mail to NJRpd@ilsd.uscourts.gov. Signed by Chief Judge Nancy J. Rosenstengel on 5/9/2022. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
ORDER SETTING SCHEDULING CONFERENCE: A Telephonic Scheduling Conference is SET for 5/26/2022 at 2:30 PM before Chief Judge Nancy J. Rosenstengel. Instructions for joining the conference call are as follows: (1) call toll-free, 877-336-1831; (2) when prompted, enter the seven-digit Access Code: 9139610. The parties are to submit a Joint Report and Proposed Scheduling and Discovery Order seven days before the conference via e-mail to NJRpd@ilsd.uscourts.gov. Signed by Chief Judge Nancy J. Rosenstengel on 4/25/2022. (drb)
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| Filing 11 CJRA TRACK B assigned: Final Pretrial Conference set for 4/27/2023 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Jury Trial Month set for May 2023.(drb) |
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Filing 10
MANDATORY MEDIATION REFERRAL ORDER. Signed by Chief Judge Nancy J. Rosenstengel on 4/25/2022. (drb)
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| Filing 9 Corporate Disclosure Statement by Bob Evans Restaurants, LLC. (O'Connor, Emily) |
| Filing 8 SUPPLEMENT to Notice of Removal re #1 Notice of Removal, by Bob Evans Restaurants, LLC. . (O'Connor, Emily) |
| Action due by 4/22/2022. (clt) |
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Filing 7
ORDER: A review of the record in this case indicates that Defendant has not filed its Federal Rule of Civil Procedure 7.1 disclosure statement. Thus, the Court ALLOWS Defendant, up to and including April 22, 2022 to comply. Signed by Chief Judge Nancy J. Rosenstengel on 4/19/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER REGARDING JURISDICTION: 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 removed this action to this Court asserting that this Court has diversity jurisdiction over the action pursuant to 28 U.S.C. 1332. Defendant, however, has failed to properly allege the citizenship of Bob Evans Restaurants, LLC in their Notice of Removal. The law of this Circuit plainly provides that a limited liability corporation's citizenship depends on the citizenship of each of its members. See, e.g., Copeland v. Penske Logistics, LLC, 675 F.3d 1040, 1043 (7th Cir. 2012) ("a limited liability company's citizenship includes every state of which any unit holder is a citizen"); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) (a pleading must identify each member of the LLC and the citizenship of each of those members). Accordingly, Defendants are ORDERED, on or before Friday, April 22, 2022, to provide the Court with a supplemental statement indicating the proper citizenship of Bob Evans Restaurants, LLC. Signed by Chief Judge Nancy J. Rosenstengel on 4/19/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 ANSWER to Complaint by Bob Evans Restaurants, LLC.(O'Connor, Emily) |
| Filing 4 NOTICE of Appearance by Emily C. O'Connor on behalf of Bob Evans Restaurants, LLC (O'Connor, Emily) |
| Filing 3 Letter to Attorney Zdrodowski regarding admission. (clt) |
| Filing 2 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 3:22-cv-00525-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (clt) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County, case number 2022LA0070 ( Filing fee $ 402 receipt number AILSDC-4733499), filed by Bob Evans Restaurants, LLC. (Attachments: #1 Exhibit Affidavit, #2 Exhibit Complaint, #3 Exhibit Affidavit, #4 Exhibit State Court Filings, #5 Civil Cover Sheet Civil Cover Sheet)(O'Connor, Emily) |
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