TOYOTA MATERIAL HANDLING, U.S.A., INC. v. RAVAS USA, LLC
Toyota Material Handling, U.S.A., Inc. |
RAVAS USA, LLC |
TRANSCELL TECHNOLOGY, INC. and STREATOR INDUSTRIAL HANDLING, INC. |
1:2019cv01088 |
March 18, 2019 |
US District Court for the Southern District of Indiana |
Mark J Dinsmore |
James R Sweeney |
Contract: Other |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on July 11, 2019. A more recent docket listing may be available from PACER.
Document Text |
---|
The Southern District of Indiana receives email notice from the Northern District of Illinois regarding electronic case transfer. This case was received electronically by the Northern District of Illinois on 7/10/2019 and was assigned case number 1:19-cv-04645 in the receiving court. (JDC) |
Filing 66 Transfer Letter to Clerk of the Northen District of Illinois. Case transferred electronically to Northen District of Illinois, on 7/10/2019. (JDC) |
Filing 65 CLOSED TRANSFER to the United States District Court for the NorthernDistrict of Illinois - Eastern Division for all further proceedings. This cause coming to be heard on the motion of the plaintiff #56 , Toyota Material Handling, U.S.A., Inc. ("TMHU") to Transfer Venue for this cause from the United States District Court for the Southern District of Indiana to the United States District Court for the Northern District of Illinois, and due notice having been given, it is hereby ordered: 1. TMHU's Motion is Granted. Signed by Judge James R. Sweeney II on 7/9/2019.(JDC) |
Filing 64 ORDER granting #58 Motion to Appear pro hac vice. Attorney Kerry Mohan for STREATOR INDUSTRIAL HANDLING, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 7/9/2019 (dist made) (CBU) |
Filing 63 ORDER granting #57 Motion to Appear pro hac vice. Attorney Daniel J. Mohan for STREATOR INDUSTRIAL HANDLING, INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 7/9/2019 (dist made) (CBU) |
Filing 62 Exhibit List (Preliminary), filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Albright, Andrew) |
Filing 61 Witness List (Preliminary), filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Albright, Andrew) |
Filing 60 MOTION for Leave to File Third Amended Complaint, filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Attachments: #1 Exhibit A - Proposed Third Amended Complaint, #2 Text of Proposed Order)(Albright, Andrew) |
Filing 59 Unopposed MOTION for Extension of Time to Answer or Otherwise Plead to Third-Party Complaint, filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Text of Proposed Order)(Greenspan, Jeffrey) |
Filing 58 MOTION for Attorney(s) Kerry Mohan to Appear pro hac vice (Filing fee $100, receipt number 0756-5509540), filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order Proposed Order)(Olds, James) |
Filing 57 MOTION for Attorney(s) Daniel J. Mohan to Appear pro hac vice (Filing fee $100, receipt number 0756-5509513), filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order Proposed Order)(Olds, James) |
Filing 56 Unopposed MOTION to Transfer Case , filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Attachments: #1 Text of Proposed Order Proposed Order Transferring Venue)(Albright, Andrew) |
Filing 55 NOTICE of Service of Initial Disclosures , filed by Third Party Plaintiff RAVAS USA, LLC, Defendant RAVAS USA, LLC. (Peters, Tyler) |
Filing 54 ORDER: This matter comes before the Court on Third-Party Defendants' motions to extend their deadlines for serving Rule 26(a)(1) initial disclosures, filing preliminary witness and exhibit lists, and serving responses to Third Party Plaintiff's settlement demand. [Dkts. #49 & #52 .] Those motions are hereby GRANTED IN PART and DENIED IN PART the motion. The Court hereby DENIES Third Party Defendants' requests to extend its deadline to file their file preliminary witness and exhibit lists or to serve their responses to Third Party Plaintiff's settlement demand pending ruling on Third Party Defendants' filed, or to be filed, motions. Third Party Defendants' delayed entry into the case was considered and already factored into the deadlines established by the Court in the Case Management Plan. However, Third Party Defendants' requests to extend their deadline to serve Rule 26(a)(1) initial disclosures are hereby GRANTED IN PART. Accordingly, paragraph III(A) of the approved Case Management Plan [Dkt. 29 at 3] is hereby amended as follows (see Order for established deadlines). Signed by Magistrate Judge Mark J. Dinsmore on 6/28/2019. (SWM) |
Filing 53 ORDER granting Defendant/Third-Party #50 Motion for Extension of Time to File Response re #50 Unopposed MOTION for Extension of Time to File Response to July 15, 2019 re #41 MOTION to Dismiss . Signed by Judge James R. Sweeney II on 6/27/2019. (JDC) |
Filing 52 Unopposed MOTION for Extension of Time For Rule 26(a)(1) Initial Disclosures, Preliminary Witness and Exhibit Lists and Settlement Proposal, filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Text of Proposed Order)(Greenspan, Jeffrey) |
Filing 51 Submission of Proposed Order , re #49 MOTION for Extension of Time to Serve Rule 26 Disclosures, Witness and Exhibit Lists and Settlement Response, filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Sullivan, Sean) |
Filing 50 Unopposed MOTION for Extension of Time to File Response to July 15, 2019 re #41 MOTION to Dismiss , filed by Third Party Plaintiff RAVAS USA, LLC, Defendant RAVAS USA, LLC. (Attachments: #1 Text of Proposed Order)(Peters, Tyler) |
Filing 49 MOTION for Extension of Time to Serve Rule 26 Disclosures, Witness and Exhibit Lists and Settlement Response, filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Sullivan, Sean) |
Filing 48 ORDER granting #44 Motion to Appear pro hac vice. Attorney Sean M. Sullivan for STREATOR INDUSTRIAL HANDLING, INC. added. If not already registered with the Court's Electronic Filing System, Sean M. Sullivan is ordered to register within ten (10) days of the entry of this order. Copy to Sean M. Sullivan via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/12/2019. (SWM) |
Filing 47 NOTICE of Appearance by James G. Argionis on behalf of Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Argionis, James) |
Filing 46 Corporate Disclosure Statement by TRANSCELL TECHNOLOGY, INC.. (Greenspan, Jeffrey) |
Filing 45 NOTICE of Appearance by Jeffrey B. Greenspan on behalf of Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Greenspan, Jeffrey) |
Filing 44 MOTION for Attorney(s) Sean M. Sullivan to Appear pro hac vice (Filing fee $100, receipt number 0756-5472716), filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order Proposed Order)(Olds, James) |
Filing 43 NOTICE of Appearance by John C. Duffey on behalf of Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Duffey, John) |
Filing 42 BRIEF/MEMORANDUM in Support re #41 MOTION to Dismiss , filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Olds, James) |
Filing 41 MOTION to Dismiss , filed by Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Attachments: #1 Affidavit Paul Walker, #2 Exhibit A - Ravas POs, #3 Exhibit B - Ravas B - Order Acknowledgment, #4 Exhibit C - Shipping Pack List)(Olds, James) |
Filing 40 Corporate Disclosure Statement by STREATOR INDUSTRIAL HANDLING, INC.. (Olds, James) |
Filing 39 NOTICE of Appearance by James F. Olds on behalf of Third Party Defendant STREATOR INDUSTRIAL HANDLING, INC.. (Olds, James) |
Filing 38 ORDER granting #35 Motion to Appear pro hac vice. Attorney James G. Argionis for TRANSCELL TECHNOLOGY, INC. added. If not already registered with the Court's Electronic Filing System, James G. Argionis is ordered to register within ten (10) days of the entry of this order. Copy to James G. Argionis via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/7/2019. (SWM) |
Filing 37 ORDER granting #34 Motion to Appear pro hac vice. Attorney Jeffrey B. Greenspan for TRANSCELL TECHNOLOGY, INC. added. If not already registered with the Court's Electronic Filing System, Jeffrey B. Greenspan is ordered to register within ten (10) days of the entry of this order. Copy Jeffrey B. Greenspan via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/7/2019. (SWM) |
Filing 36 ORDER granting Third-Party Defendant's #33 Motion for Extension of Time to File response to Ravas USA's Third-Party Complaint to 7/8/2019. No further enlargement of this deadline is anticipated. Signed by Magistrate Judge Mark J. Dinsmore on 6/6/2019. (SWM) |
Filing 35 MOTION for Attorney(s) James G. Argionis to Appear pro hac vice (Filing fee $100, receipt number 0756-5466665), filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Exhibit A - Certification of J Argionis, #2 Text of Proposed Order)(O'Malley, Katherine) |
Filing 34 MOTION for Attorney(s) Jeffrey B. Greenspan to Appear pro hac vice (Filing fee $100, receipt number 0756-5466569), filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Exhibit A - Certification of J Greenspan, #2 Text of Proposed Order)(O'Malley, Katherine) |
Filing 33 MOTION for Extension of Time to 7/8/2019 to Answer or Otherwise Plead to Third-Party Complaint, filed by Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (Attachments: #1 Text of Proposed Order)(O'Malley, Katherine) |
Filing 32 NOTICE of Appearance by Katherine Werner O'Malley on behalf of Third Party Defendant TRANSCELL TECHNOLOGY, INC.. (O'Malley, Katherine) |
Filing 31 NOTICE of Appearance by Michael A. McCaskey on behalf of Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (McCaskey, Michael) |
Filing 30 AFFIDAVIT of Service for Summons, Third-Party Complaint and Plaintiff's Complaint served on Transcell Technology, Inc. and Streator Industrial Handling, Inc. on May 20, 2019, filed by RAVAS USA, LLC. (Attachments: #1 Exhibit A - Proof of Service)(Jost, Anthony) |
Filing 29 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/1/2020. Discovery due by 4/3/2020. Signed by Magistrate Judge Mark J. Dinsmore on 5/15/2019.(SWM) (Main Document 29 replaced on 5/30/2019) (GD). |
Filing 28 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 5/15/2019. Approved Case Management Plan, as amended, to be entered by separate order. Telephonic Status Conference set for 7/17/2019 at 11:00 AM (Eastern Time). Settlement Conference set for 11/22/2019 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) |
Filing 27 Summons Issued as to STREATOR INDUSTRIAL HANDLING, INC. (LAB) (JDC) |
Filing 26 Summons Issued as to TRANSCELL TECHNOLOGY, INC.(LAB) (JDC) |
Filing 25 ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 5/15/2019.(SWM) |
Filing 24 ORDER granting #19 Motion to Appear pro hac vice. Attorney Christopher J. Sherman for RAVAS USA, LLC added. If not already registered with the Court's Electronic Filing System, Christopher J. Sherman is ordered to register within ten (10) days of the entry of this order. Copy to Christopher J. Sherman via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 5/14/2019. (SWM) (Main Document 24 replaced on 5/15/2019) (SWM). |
Filing 23 ORDER granting #18 Motion to Appear pro hac vice. Attorney Tyler Peters for RAVAS USA, LLC added. If not already registered with the Court's Electronic Filing System, Tyler Peters is ordered to register within ten (10) days of the entry of this order. Copy to Tyler Peters via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 5/14/2019. (SWM) |
Filing 22 THIRD PARTY COMPLAINT against TRANSCELL TECHNOLOGY, INC., STREATOR INDUSTRIAL HANDLING, INC., filed by RAVAS USA, LLC. (Attachments: #1 Exhibit A - Settlement and Mutual Release Agreement, #2 Exhibit B - Second Amended Complaint, #3 Proposed Summons Transcell Summons, #4 Proposed Summons Streator Summons)(Jost, Anthony) |
Filing 21 Defendant's ANSWER to #15 Amended Complaint and Jury Demand, filed by RAVAS USA, LLC.(Jost, Anthony) |
Filing 20 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC. . (Albright, Andrew) |
Filing 19 MOTION for Attorney(s) Christopher J. Sherman to Appear pro hac vice (Filing fee $100, receipt number 0756-5424608), filed by Defendant RAVAS USA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Jost, Anthony) |
Filing 18 MOTION for Attorney(s) Tyler Peters to Appear pro hac vice (Filing fee $100, receipt number 0756-5424597), filed by Defendant RAVAS USA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Jost, Anthony) |
Filing 16 ORDER denying Parties' #14 Agreed Motion for Extension of Time to Comply with Scheduling Order. The parties shall file a proposed Case Management Plan on or before May 13, 2019. Signed by Magistrate Judge Mark J. Dinsmore on 5/9/2019. (SWM) |
Filing 15 AMENDED COMPLAINT (Second) against RAVAS USA, LLC, filed by TOYOTA MATERIAL HANDLING, U.S.A., INC..(Albright, Andrew) |
Filing 14 Unopposed MOTION for Extension of Time to to Comply With Scheduling Order , filed by Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion)(Albright, Andrew) |
Filing 13 Second Order Regarding Jurisdiction - Plaintiff Toyota Material Handling, USA, Inc. filed its Complaint alleging breach of contract against Defendant RAVAS USA, LLC, asserting the court's diversity jurisdiction under 28 U.S.C. 1332. Review of the jurisdictional allegations revealed that they were insufficient because it pleaded RAVAS USA, LLC's jurisdiction as if it were a corporation when its name identifies it as a limited liability company. ECF No. #11 2.) Plaintiff since filed an Amended Complaint, but this, too, insufficiently pleads jurisdiction. As noted in the prior order, the citizenship of a limited partnership, limited liability company, or other unincorporated association is the citizenship of each of its partners or members. See White Pearl Inversiones S.A. (Uruguay) v. Cemusa, Inc., 647 F.3d 684, 686 (7th Cir. 2011). In correcting the insufficiency in pleading a limited liability company's citizenship, the Amended Complaint alleges that Defendant RAVAS USA, LLC has as its sole member RAVAS Europe B.V., a company incorporated under the laws of The Netherlands. ECF No. #12 2. Thus, the Amended Complaint reveals that Plaintiff's citizenship depends on the citizenship of its member--a foreign company. For purposes of diversity jurisdiction, the citizenship of a foreign company is determined based on the American business form that the foreign company most closely resembles. See White Pearl Invesiones S.A. (Uruguay) v. Cemusa, Inc., 647 F.3d 684 (7th Cir. 2011). The Amended Complaint does not contain any allegations about what American business form RAVAS Europe B.V. most closely resembles. Thus, Plaintiff must amend its complaint again to sufficiently plead jurisdiction. An example of an amended complaint that properly addressed a foreign entity issue can be found in McGuire v. Organon USA, Inc., No. 1:13-cv-1596-JMS-MJD ECF No. #11 at 2 3. The Court finds that, in order to avoid a needless expenditure of resources, Plaintiff should sufficiently plead jurisdiction prior to the initial pretrial conference set for May 15, 2019. Therefore, Plaintiff is ALLOWED until May 13, 2019 within which to file an amended complaint to properly plead the court's subject-matter jurisdiction. Signed by Judge James R. Sweeney II on 5/6/2019.(JDC) |
Filing 12 AMENDED COMPLAINT against RAVAS USA, LLC, filed by TOYOTA MATERIAL HANDLING, U.S.A., INC..(Albright, Andrew) |
Filing 11 Order Directing Plaintiff to Properly Plead Jurisdiction - Plaintiff Toyota material Handling, USA, Inc. filed its Complaint alleging breach of contract against Defendant RAVAS USA, LLC on March 18, 2019, asserting the court's diversity jurisdiction under 28 U.S.C. 1332. Review of the jurisdictional allegations reveals that they are insufficient. A federal court has an "independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party." Arbaugh v. Y&H Corp., 546 U.S. 500, 514 (2006). A party cannot confer subject-matter jurisdiction on a federal court where it does not otherwise exist. See Evergreen Square of Cudahy v. Wis. Hous. & Econ. Dev. Auth., 776 F.3d 463, 465 (7th Cir. 2015). Similarly, counsel has a professional obligation to analyze subject-matter jurisdiction. Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). The citizenship of a limited partnership, limited liability company, or other unincorporated association is the citizenship of each of its partners or members. See White Pearl Inversiones S.A. (Uruguay) v. Cemusa, Inc., 647 F.3d 684, 686 (7th Cir. 2011). To allege diversity jurisdiction, "the citizenship of unincorporated associations must be traced through however many layers of partners or members there may be." Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002). "Failure to go through all the layers can result in dismissal for want of jurisdiction." Id. Asserting that all partners are citizens of "X" or that no partners are citizens of "X" is insufficient. See Peters v. Astrazeneca LP, 224 F. App'x. 503, 505 (7th Cir. 2007) (noting the insufficiency of a limited partnership asserting that none of its partners were citizens destroying diversity "rather than furnishing the citizenship of all of its partners so that [the court] could determine its citizenship"). Jurisdictional allegations must be made on personal knowledge, not on information and belief, to invoke the court's jurisdiction. See America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (only a statement about jurisdiction "made on personal knowledge has any value" and a statement made "'to the best of my knowledge and belief' is insufficient" to engage diversity jurisdiction). Plaintiff is ALLOWED through May 10, 2019, within which to file an amended complaint to properly plead the court's subject-matter jurisdiction. Signed by Judge James R. Sweeney II on 4/30/2019. (JDC) |
Filing 10 SCHEDULING ORDER: Initial Pretrial Conference set for 5/15/2019 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 4/11/2019.(SWM) |
Filing 9 Corporate Disclosure Statement by RAVAS USA, LLC identifying Corporate Parent RAVAS Europe B.V. for RAVAS USA, LLC.. (Jost, Anthony) |
Filing 8 NOTICE of Parties' First Extension of Time, filed by Defendant RAVAS USA, LLC. (Jost, Anthony) |
Filing 7 NOTICE of Appearance by Anthony R. Jost on behalf of Defendant RAVAS USA, LLC. (Jost, Anthony) |
Filing 6 Corporate Disclosure Statement by TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Albright, Andrew) |
Filing 5 NOTICE of Appearance by Andrew J. Albright on behalf of Plaintiff TOYOTA MATERIAL HANDLING, U.S.A., INC.. (Albright, Andrew) |
Filing 4 PROCEDURES AND PRACTICES before Judge James R. Sweeney II. (JDC) |
Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (HET) |
Filing 2 Summons Issued as to RAVAS USA, LLC. (HET) |
Filing 1 COMPLAINT against RAVAS USA, LLC, filed by Toyota Material Handling, U.S.A., Inc.. (Filing fee $400, receipt number 0756-5339890) (Attachments: #1 Exhibit A - Quote from RAVAS USA LLC, #2 Civil Cover Sheet, #3 Proposed Summons)(Albright, Andrew) |
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 Indiana 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.