Quitmeyer v. DaVita Healthcare Partners, Inc. et al
| Adam J Quitmeyer |
| DaVita Healthcare Partners, Inc., DaVita, Inc., Total Renal Care, Inc. and Rochelle Stockman |
| 3:2022cv01514 |
| July 13, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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| Document Text |
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| Filing 15 Letter receipt of Remand from St. Clair County (amv) |
| Filing 14 Letter to St. Clair County Circuit Court regarding Order Remanding Case (amv) |
Filing 13
ORDER OF REMAND: This case shall be REMANDED to the Circuit Court of the Twentieth Judicial Circuit in St. Clair County, Illinois. "Defendants DaVita Inc., DaVita Healthcare Partners Inc., and Total Renal Care, Inc. concede that they cannot show the diversity requirements under 28 USC 1332 in order to remove under 28 U.S.C 1441." (Doc. #12 ). Signed by Chief Judge Nancy J. Rosenstengel on 8/1/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 RESPONSE to 11 Order,,,,, filed by DaVita Healthcare Partners, Inc., DaVita, Inc., Total Renal Care, Inc.. (Reis, Charles) |
| Set Deadlines: Briefs regarding diversity due by 8/3/2022. (amv) |
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Filing 11
ORDER: After reviewing Defendants' Notice of Removal, the Plaintiff is a citizen of Illinois (Doc. [1-1]), but Defendant Stockman is a citizen of Illinois (Doc. #1 ; Doc. [1-1]). To overcome the lack of complete diversity, Defendants rely on the forum defendant rule arguing that "[b]ecause Defendant Stockman has not yet been properly served, removal is proper under the plain language of 28 U.S.C. 1441(b)(2)." (Doc. #1 , p. 17). Defendants cite to Knightsbridge Mgmt., Inc. T/A Knightsbridge Rest. Grp. v. Zurich Am. Ins. Co., 518 F. Supp. 3d 1248, 1252 (S.D. Ill. 2021), but in that case "there [was] no dispute over complete diversity and the amount in controversy. Plaintiffs [were] citizens of the District of Columbia, Delaware and Maryland. Defendant [was] a citizen of New York and Illinois." This case must satisfy the diversity requirements of 1332 at the outset of removal. The forum defendant rule does not come into play until Defendants show federal diversity jurisdiction under 1441(a). Accordingly, the parties are ORDERED to file separate briefs to the Court addressing how the Court has subject matter jurisdiction when there is not complete diversity by August 3, 2022. Signed by Chief Judge Nancy J. Rosenstengel on 7/20/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
ORDER GRANTING MOTION for Extension of Time to File Answer by DaVita Healthcare Partners, Inc., DaVita, Inc., Total Renal Care, Inc. Defendants shall have an extension of time, up to and including August 15, 2022 to file their responsive pleading to Plaintiff's Complaint. Signed by Chief Judge Nancy J. Rosenstengel on 7/20/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 MOTION for Extension of Time to File Answer by DaVita Healthcare Partners, Inc., DaVita, Inc., Total Renal Care, Inc.. (Reis, Charles) |
| Filing 8 NOTICE by DaVita Healthcare Partners, Inc., DaVita, Inc., Total Renal Care, Inc. (Notice to Circuit Clerk of notice of removal) (Reis, Charles) |
| Filing 7 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 3:22-cv-1514-NJR. (kls3) |
| Filing 6 Corporate Disclosure Statement by Total Renal Care, Inc. identifying Corporate Parent Davita Inc. for Total Renal Care, Inc.. (Reis, Charles) |
| Filing 5 Corporate Disclosure Statement by DaVita, Inc.. (Reis, Charles) |
| Filing 4 Corporate Disclosure Statement by DaVita Healthcare Partners, Inc. identifying Corporate Parent DaVita Healthcare Partners, Inc. for DaVita Healthcare Partners, Inc.. (Reis, Charles) |
| Filing 3 NOTICE by DaVita Healthcare Partners, Inc., DaVita, Inc., Total Renal Care, Inc. Notice to Plaintiff of Filing Notice of Removal (Attachments: #1 Exhibit A - Notice of Removal)(Reis, Charles) |
| Filing 2 NOTICE of Appearance by Charles E. Reis, IV on behalf of DaVita Healthcare Partners, Inc., DaVita, Inc., Total Renal Care, Inc. (Reis, Charles) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court for the Twentieth Judicial Circuit, St. Clair County, Illinois, case number 2022-LA-0536 ( Filing fee $ 402 receipt number AILSDC-4831730), filed by Total Renal Care, Inc., DaVita, Inc., DaVita Healthcare Partners, Inc.. (Attachments: #1 State Court Complaint Ex. A, State Court File, #2 Civil Cover Sheet Ex. B, Civil Cover Sheet, #3 Exhibit Ex. C, Declaration of Scott Herod, #4 Exhibit Ex. D, Declaration of Tania Salas, #5 Exhibit Ex. E, Declaration of Rachelle Stockman, #6 Exhibit Ex. F, Service Return)(Reis, Charles) |
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