Alexander et al v. Mead Johnson & Company, LLC et al
| Latonya Nicole Alexander, Devon Cornell Alexander and Todd |
| Mead Johnson & Company, LLC and Mead Johnson Nutrition Company |
| 3:2022cv00812 |
| April 22, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on June 15, 2022. A more recent docket listing may be available from PACER.
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Filing 18
ORDER DENYING #9 , #12 Motion to Remand filed by Plaintiffs Devon Cornell Alexander and LaTonya Nicole Alexander. Signed by Chief Judge Nancy J. Rosenstengel on 6/15/2022. (mlp)
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Filing 17
RESPONSE in Opposition re #9 MOTION to Remand to State Court filed by Devon Cornell Alexander, LaTonya Nicole Alexander. (Attachments: #1 Exhibit A)(Cates, David)
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Filing 16
RESPONSE in Opposition re #9 MOTION to Remand to State Court , #12 MOTION to Remand to State Court filed by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. (Attachments: #1 Declaration of Amy Cook, #2 Declaration of Justin Griner, #3 Exhibit A to Declaration of Justin Griner, #4 Exhibit B to Declaration of Justin Griner, #5 Exhibit C to Declaration of Justin Griner, #6 Declaration of Cindy Hasseberg, #7 Exhibit A to Declaration of Cindy Hasseberg, #8 Exhibit B to Declaration of Cindy Hasseberg, #9 Exhibit C to Declaration of Cindy Hasseberg, #10 Exhibit D to Declaration of Cindy Hasseberg, #11 Declaration of Miguel Veiga-Pestana)(Anscombe, Anthony)
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Filing 15
ORDER GRANTING #14 Motion to Expedite Briefing and Ruling on Motion to Remand. Defendant shall respond to Plaintiff's Motion to Remand on or before June 6, 2022. Plaintiff may file a reply brief on or before June 13, 2022. (Responses due by 6/6/2022, Replies due by 6/13/2022.) Signed by Chief Judge Nancy J. Rosenstengel on 5/23/2022. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
MOTION Expedite Briefing And Ruling On Motion To Remand by All Plaintiffs. (Cates, David)
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Filing 13
RESPONSE in Opposition re #10 MOTION to Stay And Memorandum In Support filed by All Plaintiffs. (Cates, David)
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Filing 12
MOTION to Remand to State Court by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cates, David)
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Filing 11
ANSWER to Complaint , Affirmative Defenses, And Jury Demand by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company.(Anscombe, Anthony)
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Filing 10
MOTION to Stay And Memorandum In Support by Mead Johnson & Company, LLC, Mead Johnson Nutrition Company. (Anscombe, Anthony)
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Filing 9
MOTION to Remand to State Court by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Cates, David)
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Filing 8
NOTICE OF REMOVAL (AMENDED) from The Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, case number 2022LA0245, filed by Mead Johnson Nutrition Company, Mead Johnson & Company, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Anscombe, Anthony)
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Set/Reset Deadlines: Amended Pleadings due by 5/11/2022. (adh)
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Filing 7
ORDER: This matter comes before the Court sua sponte on the issue of federal subject matter jurisdiction. See Jakupovic v. Curran, 850 F.3d 898, 902 (7th Cir. 2017). On April 22, 2022, Defendants removed this case to federal court based on the complete diversity of the parties. (Doc. 1). Defendants allege, "On information and belief, as alleged in the Complaint, Plaintiffs are citizens of North Carolina." It is well-settled in the Seventh Circuit, however, that allegations of citizenship based on "information and belief" are insufficient to establish diversity jurisdiction. Brickstructures, Inc. v. Coaster Dynamix, Inc., No. 16 CV 10969, 2017 WL 4310671, at *1 (N.D. Ill. Sept. 28, 2017) (citing America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992)). While the Court can look to other evidence in the record to see if the requirements of diversity have been satisfied, see Med. Assurance Co., Inc. v. Hellman, 610 F.3d 371, 376 (7th Cir. 2010), the record here is insufficient. The complaint filed in state court alleges only that Plaintiffs are residents of North Carolina, and residence and citizenship are not synonyms. Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). Because neither the Notice of Removal nor the complaint filed in state court properly allege the citizenship of Plaintiffs, Defendants are ORDERED to file an Amended Notice of Removal, no later than May 11, 2022, that clearly sets forth the citizenship of Plaintiffs. Signed by Chief Judge Nancy J. Rosenstengel on 4/27/2022. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 3:22-cv-812-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (adh)
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Filing 5
Corporate Disclosure Statement by Mead Johnson Nutrition Company identifying Corporate Parent Reckitt Benckiser PLC (RB) for Mead Johnson Nutrition Company. (Anscombe, Anthony)
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Filing 4
Corporate Disclosure Statement by Mead Johnson & Company, LLC identifying Other Affiliate Mead Johnson Nutrition Company for Mead Johnson & Company, LLC. (Anscombe, Anthony)
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Filing 3
NOTICE of Appearance by Jamie Marie Noonan Witte on behalf of Mead Johnson & Company, LLC, Mead Johnson Nutrition Company (Witte, Jamie)
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Filing 2
NOTICE of Appearance by Anthony J. Anscombe on behalf of Mead Johnson & Company, LLC, Mead Johnson Nutrition Company (Anscombe, Anthony)
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Filing 1
NOTICE OF REMOVAL from The Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, case number 2022LA0245 ( Filing fee $ 402 receipt number AILSDC-4768192), filed by Mead Johnson Nutrition Company, Mead Johnson & Company, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet)(Anscombe, Anthony)
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