Power Industries, LLC v. Manitowoc Tool & Machining, LLC
Plaintiff: Power Industries, LLC
Defendant: Manitowoc Tool & Machining, LLC
Case Number: 3:2024cv01324
Filed: May 17, 2024
Court: US District Court for the Southern District of Illinois
Presiding Judge: Mark A Beatty
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 13, 2024 Filing 14 WAIVER OF SERVICE Returned Executed by Power Industries, LLC. Power Industries, LLC waiver sent on 6/12/2024, answer due 8/12/2024. (Cavanaugh, Bryan)
June 4, 2024 Filing 13 SUMMONS Returned Executed by Power Industries, LLC. Manitowoc Tool & Machining, LLC served on 5/23/2024, answer due 6/13/2024. (Cavanaugh, Bryan)
June 4, 2024 Filing 12 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #11 Summons Returned Executed filed by Power Industries, LLC. Incorrect party was selected as to who was served. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 3, 2024 Filing 11 STRICKEN - SUMMONS Returned Executed by Power Industries, LLC. Power Industries, LLC served on 5/23/2022, answer due 6/13/2022. (Cavanaugh, Bryan) Modified on 6/4/2024 (clw).
June 3, 2024 Filing 10 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #9 Return of Service Executed filed by Power Industries, LLC. Incorrect event selected. Select the event which most closely matches the document being filed. For this document, the correct event is "Summons Returned Executed. E-filer is instructed to re-file using Civil>Service of Process> Summons Returned Executed in order to properly trigger the answer due deadline. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 31, 2024 Filing 9 STRICKEN - RETURN OF SERVICE EXECUTED by Power Industries, LLC on May 23, 2024. (Cavanaugh, Bryan) Modified on 6/3/2024 (clw).
May 24, 2024 Filing 8 AMENDED COMPLAINT against Power Industries, LLC, filed by Power Industries, LLC. (Attachments: #1 Exhibit Contract)(Cavanaugh, Bryan)
May 23, 2024 Set/Reset Deadline Complaint due by 6/5/2024. (clw)
May 22, 2024 Opinion or Order Filing 7 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."). Plaintiff asserts this Court has subject matter jurisdiction over its lawsuit based on diversity of citizenship, 28 U.S.C. 1332 (Doc. 1). However, Plaintiff failed to adequately allege the citizenship of Plaintiff and Defendant, both of which are LLCs. In order to properly allege the citizenship of an LLC, Plaintiff must identify each of the LLC's members and their citizenship as of the date the complaint was filed; and, if those members have members, the citizenship of those members as well, until a corporation or a natural person is reached. West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829 (7th Cir. 2020); Copeland v. Penske Logistics, LLC, 675 F.3d 1040, 1043 (7th Cir. 2012). Accordingly, Plaintiff is ORDERED to file an Amended Complaint on or before June 5, 2024, that clearly sets forth the information needed to establish the citizenship of the parties for the purposes of diversity jurisdiction. Signed by Magistrate Judge Mark A. Beatty on 5/22/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 22, 2024 Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Cavanaugh, Bryan)
May 17, 2024 Filing 5 Summons Issued as to Manitowoc Tool & Machining, LLC. Original sent to counsel for service. (clw)
May 17, 2024 Filing 4 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Orders 347 and 367. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 347 and 367, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Power Industries, LLC. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. All future documents must bear case number 24-CV-1324-MAB. Consent due by 6/7/2024 (clw)
May 17, 2024 Filing 3 NOTICE by Power Industries, LLC re #1 Complaint Notice of Intent to Use Process Server (Cavanaugh, Bryan)
May 17, 2024 Filing 2 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Power Industries, LLC. (Cavanaugh, Bryan)
May 17, 2024 Filing 1 COMPLAINT against Power Industries, LLC ( Filing fee $ 405 receipt number AILSDC-5391921.), filed by Power Industries, LLC. (Attachments: #1 Exhibit Contract, #2 Civil Cover Sheet, #3 Summons)(Cavanaugh, Bryan)

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Plaintiff: Power Industries, LLC
Represented By: Bryan P. Cavanaugh
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Defendant: Manitowoc Tool & Machining, LLC
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