Ware v. Impact Fulfillment Services
| Eureka Ware |
| Impact Fulfillment Services |
| 3:2022cv01585 |
| July 20, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1441 Petition for Removal - Employment Discrim |
| None |
Docket Report
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| Filing 17 Acknowledgement letter from Clerk, Madison County Circuit Court. (kls3) |
| Filing 16 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #15 Letter. See attached document for specifics. Order of remand already processed. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 15 STRICKEN Letter to Madison County Circuit Clerk regarding Order of Remand (amv) |
| Filing 14 Letter to Clerk, Madison County Circuit Court attaching certified copy of Order of Remand filed at Doc. 13. (kls3) |
Filing 13
ORDER OF REMAND: Defendant failed to respond to the undersigned's Order to Show Cause and has not otherwise contacted the Court. Accordingly, the Court is convinced that remand is an appropriate action. This case shall be REMANDED to the Circuit Court of the Third Judicial Circuit in Madison County, Illinois. Signed by Chief Judge Nancy J. Rosenstengel on 8/12/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
ORDER TO SHOW CAUSE: On July 25, 2022, the Court entered an order regarding jurisdiction. "Defendant [was] ORDERED, on or before Wednesday, July 27, 2022, to provide the Court with a supplemental statement clarifying that IFS Holdings, LLC is a corporation, and not limited liability company." (Doc. 7 ). "If IFS Holdings, LLC is a limited liability company, then Defendant must identify or provide the citizenship of each member of IFS Holdings, LLC." (Id.). The Seventh Circuit has "explained that 'the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be.'" Hart v. Terminex Int'l, 336 F.3d 541, 543 (7th Cir. 2003) (quoting Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002)). "Failure to go through all the layers can result in dismissal for want of jurisdiction." Meyerson, 299 F.3d at 617. Defendant never responded to the Court's order regarding jurisdiction. Accordingly, Defendant is ordered to SHOW CAUSE in writing why this case should not be remanded for want of jurisdiction by Wednesday, August, 10, 2022. Defendant may satisfy the ORDER TO SHOW CAUSE by providing the Court with a supplemental statement clarifying that IFS Holdings, LLC is a corporation, and not limited liability company. A lack of response may result in dismissal for want of jurisdiction. Signed by Chief Judge Nancy J. Rosenstengel on 8/8/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
ORDER GRANTING Defendant's Motion for Extension of Time to Respond to Plaintiff's Complaint. (Doc. #9 ). Defendant shall have up to and including August 26, 2022 to respond to Plaintiff's Complaint. Signed by Chief Judge Nancy J. Rosenstengel on 7/26/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 NOTICE of Appearance by Ryan J. Mahoney on behalf of Eureka Ware (Mahoney, Ryan) |
| Filing 9 Consent MOTION for Extension of Time to File Answer Respond to Plaintiff's Complaint by Impact Fulfillment Services. (Zoia, Mallory) |
| Set/Reset Deadlines. Defendant's response due by 8/26/2022 (jlh) |
| Set Deadlines: Supplemental Statement due by 7/27/2022 regarding Order at Doc 7. (kek) |
| Filing 8 NOTICE by Impact Fulfillment Services re #1 Notice of Removal, Notice of Removal to State Court-Executed (Zoia, Mallory) |
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Filing 7
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. Unfortunately, however, Defendant has failed to properly allege the citizenship of Impact Fulfillment Services, LLC in its 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. Defendant refers to IFS Holdings, LLC as a limited liability company formed under the laws of Delaware, with its principal place of business in North Carolina. 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). Defendant is ORDERED, on or before Wednesday, July 27, 2022, to provide the Court with a supplemental statement clarifying that IFS Holdings, LLC is a corporation, and not limited liability company. If IFS Holdings, LLC is a limited liability company, then Defendant must identify or provide the citizenship of each member of IFS Holdings, LLC. The Seventh Circuit has "explained that 'the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be.'" Hart v. Terminex Int'l, 336 F.3d 541, 543 (7th Cir. 2003) (quoting Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002)). "Failure to go through all the layers can result in dismissal for want of jurisdiction." Meyerson, 299 F.3d at 617. Signed by Chief Judge Nancy J. Rosenstengel on 7/25/2022. (drr)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 22-cv-1585-NJR. (kek) |
| Filing 5 NOTICE of Appearance by Sarah Jean Kuehnel on behalf of Impact Fulfillment Services (Kuehnel, Sarah) |
| Filing 4 Corporate Disclosure Statement by Impact Fulfillment Services identifying Corporate Parent IFS Holdings, LLC for Impact Fulfillment Services. (Zoia, Mallory) |
| Filing 3 NOTICE by Impact Fulfillment Services Notice of Removal to Plaintiff (Zoia, Mallory) |
| Filing 2 NOTICE of Appearance by Mallory Stumpf Zoia on behalf of Impact Fulfillment Services (Zoia, Mallory) |
| Filing 1 NOTICE OF REMOVAL from Madison County, case number 2022LA000742 ( Filing fee $ 402 receipt number AILSDC-4837174), filed by Impact Fulfillment Services. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - State Court File, #3 Exhibit C - Declaration of Angela Mendes, #4 Civil Cover Sheet)(Zoia, Mallory) |
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| Plaintiff: Eureka Ware | |
| Represented By: | David I. Cates |
| Represented By: | Ryan J. Mahoney |
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| Defendant: Impact Fulfillment Services | |
| Represented By: | Sarah Jean Kuehnel |
| Represented By: | Mallory Stumpf Zoia |
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