Calderon v. Hard Candy, LLC et al
| Marbella Calderon |
| Hard Candy, LLC and Walmart, Inc. |
| 3:2022cv02789 |
| November 30, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 RESPONSE in Opposition re #13 MOTION to Dismiss Plaintiff's Complaint, #15 MOTION to Dismiss to Defendants' Motion to Dismiss Plaintiff's Complaint for Lack of Jurisdiction or, in the Alternative, Motion to Amend Complaint filed by All Plaintiffs. (Lenivy, Elizabeth) |
| Filing 20 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #19 Response in Opposition to Motion, filed by Marbella Calderon. Login used and signature do not match. Filer will re-file documents. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 19 STRICKEN RESPONSE in Opposition re #13 MOTION to Dismiss Plaintiff's Complaint, #15 MOTION to Dismiss to Defendants' Motion to Dismiss Plaintiff's Complaint for Lack of Jurisdiction or, in the Alternative, Motion to Amend Complaint filed by All Plaintiffs. (Lenivy, Elizabeth) Modified on 1/25/2023 (csb). |
| Filing 18 NOTICE OF MODIFICATION re #17 Notice (Other) filed by Marbella Calderon. Wrong event used. The correct event is "Notice of Appearance" under heading "Other Filings/Notices/Notice of Appearance." No further action is required by the filer in relation to this notification. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 NOTICE of Appearance by Elizabeth S. Lenivy on behalf of Plaintiff, Marbella Calderon (Lenivy, Elizabeth) Modified on 1/18/2023 (csb). |
| Filing 16 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Hard Candy, LLC identifying Corporate Parent Hard Candy, LLC for Hard Candy, LLC. (Hodges, James) |
| Filing 15 MOTION to Dismiss by Hard Candy, LLC. (Attachments: #1 Exhibit A - Affidavit of Jerome Falic)(Hodges, James) |
| Filing 14 NOTICE of Appearance by James L. Hodges on behalf of Hard Candy, LLC (Hodges, James) |
| Filing 13 MOTION to Dismiss Plaintiff's Complaint by Walmart, Inc.. (Attachments: #1 Exhibit A)(Boggs, Beth) |
| Filing 12 JURISDICTIONAL MEMORANDUM by Walmart, Inc.. . (Boggs, Beth) |
| Filing 11 MOTION to Remand to State Court Plaintiff's Motion to Remand and Memorandum in Support by Marbella Calderon. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Simon, John) |
Filing 10
ORDER GRANTING #8 Motion for Extension of Time. Defendant Walmart, Inc. shall file an answer or otherwise respond on or before December 21, 2022. Walmart, Inc. answer due 12/21/2022. Signed by Chief Judge Nancy J. Rosenstengel on 12/6/2022. (kss) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 9 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Walmart, Inc. identifying Corporate Parent Wal-Mart Stores, Inc. for Walmart, Inc.. (Boggs, Beth) |
| Filing 8 Consent MOTION for Extension of Time to File Answer by Walmart, Inc.. (Boggs, Beth) |
| Filing 7 CONSENT to Removal byWalmart, Inc.. (Attachments: #1 Exhibit A)(Boggs, Beth) |
| Filing 6 NOTICE by Walmart, Inc. (Proof of Filing in State Court) (Boggs, Beth) |
|
Filing 5
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."). The Notice of Removal identifies Hard Candy, LLC as a limited liability company with its principal place of business in Florida. The original state court complaint identifies Hard Candy, LLC as a "duly organized and existing domestic corporation incorporated in the State of Florida with its world headquarters in the State of California." The law of this Circuit plainly provides that if a party is an LLC, its 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"); see also Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) (recognizing that the pleading must identify each member of the LLC and the citizenship of each of those members). As to Defendant Hard Candy, LLC, its status as a corporation or an LLC is unclear. If it is an LLC, the Notice of Removal fails to state its members and the citizenship of each member. Accordingly, Defendants are ORDERED, on or before December 9, 2022, to file a jurisdictional memorandum indicating the status of Hard Candy, LLC as a corporation or an LLC. If Hard Candy, LLC is an LLC, Defendants must also state the citizenship of each member. (Action due by 12/9/2022.) Signed by Chief Judge Nancy J. Rosenstengel on 12/2/2022. (kss) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 4 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 22-2789-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (csb) |
| Filing 3 NOTICE of Appearance by Beth C. Boggs on behalf of Walmart, Inc. (Boggs, Beth) |
| Filing 2 NOTICE by Walmart, Inc. (Notice to Plaintiff) (Attachments: #1 Exhibit Notice of Removal)(Boggs, Beth) |
| Filing 1 NOTICE OF REMOVAL from Madison County Circuit Court, case number 2022LA001265 ( Filing fee $ 402 receipt number AILSDC-4940805), filed by Walmart, Inc.. (Attachments: #1 Exhibit Original Filing Form, #2 Civil Cover Sheet, #3 State Court Complaint)(Boggs, Beth) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
