Handler v. Chartwell RX Sciences, LLC
| Trustee Robert P Handler |
| Chartwell RX Sciences, LLC |
| 1:2024cv00863 |
| February 6, 2024 |
| US District Court for the Southern District of New York |
| John P Cronan |
| Gabriel W Gorenstein |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Defendant |
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Filing 54
ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE: granting #52 Motion for David K. Welch to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/12/2024) (ama)
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Filing 53
ORDER GRANTING ADMISSION TO PRACTICE PRO HAC VICE: granting #51 Motion for Brian P. Welch to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/12/2024) (ama)
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| Filing 52 MOTION for David K. Welch to Appear Pro Hac Vice (Fee Receipt No. ANYSDC-29000273). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert P Handler. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Granting Pro Hac Vice).(Welch, David) |
| Filing 51 MOTION for Brian P. Welch to Appear Pro Hac Vice (Fee Receipt No. ANYSDC-29000418). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert P Handler. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Granting Pro Hac Vice).(Welch, Brian) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #51 MOTION for Brian P. Welch to Appear Pro Hac Vice (Fee Receipt No. ANYSDC-29000418). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #52 MOTION for David K. Welch to Appear Pro Hac Vice (Fee Receipt No. ANYSDC-29000273). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
| Filing 50 REPLY re: #41 Answer to Amended Complaint, Counterclaim . Document filed by Robert P Handler..(Krinsky, Scott) |
| Filing 49 DEMAND for Trial by Jury. Document filed by Chartwell RX Sciences, LLC.(Hallinan, Meghan) |
| Filing 48 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Brian P. Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29000418. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert P Handler. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice Motion, #2 Exhibit Good Standing Certificate, #3 Proposed Order Granting Pro Hac Vice Motion).(Krinsky, Scott) Modified on 2/27/2024 (vba). |
| Filing 47 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David K. Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29000273. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Robert P Handler. (Attachments: #1 Affidavit Affidavit in Support of Pro Hac Vice Motion, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Proposed Order Granting Pro Hac Vice Motion).(Krinsky, Scott) Modified on 2/27/2024 (rju). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #47 MOTION for David K. Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29000273. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois; Filing under an another individual's Pacer account requires a wet signature on the documents from the attorney requesting Pro Hac Status or you must create your own Pacer account to apply for Pro Hac Vice; Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (rju) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #48 MOTION for Brian P. Welch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29000418. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois; Must use ink signature.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (vba) |
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Filing 46
SCHEDULING ORDER: The following scheduling order is adopted by the Court pursuant to Rule 16 of the Federal Rules of Civil Procedure: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. 636(b)(1)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). All applications must comply with this Court's Individual Practices, which are available through the Clerk's Office or at: https://nysd.uscourts.gov/hon-gabriel-w-gorenstein. The parties may move to amend the pleadings or join any other parties no later than March 22, 2024. All non-expert discovery shall be commenced in time to be completed by June 20, 2024. Depositions of experts shall be completed by August 5, 2024. Any request for permission to file a summary judgment motion shall be filed by August 5, 2024, shall be addressed to Judge Cronan, and shall comply with his Individual Practices. If no party files such a letter, the pretrial materials required by paragraph 7.B of Judge Cronan's Individual Practices shall be filed on or before September 4, 2024. and as set forth herein. SO ORDERED. Motions due by 8/5/2024. Deposition due by 8/5/2024. Discovery due by 6/20/2024. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/22/2024) (ama)
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Filing 45
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. (Signed by Judge John P. Cronan on 2/22/2024) (jca)
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| Filing 44 PROPOSED CASE MANAGEMENT PLAN. Document filed by Chartwell RX Sciences, LLC..(Hallinan, Meghan) |
| Filing 43 JOINT LETTER addressed to Judge John P. Cronan from All Counsel dated February 21, 2024 re: Joint letter in accordance with the Court's February 7, 2024 Order (ECF No. 38). Document filed by Chartwell RX Sciences, LLC..(Hallinan, Meghan) |
| Filing 42 NOTICE OF APPEARANCE by Scott A. Krinsky on behalf of Robert P Handler..(Krinsky, Scott) |
| Filing 41 ANSWER to #8 Amended Complaint,., COUNTERCLAIM against Robert P Handler. Document filed by Chartwell RX Sciences, LLC..(Hallinan, Meghan) |
| Filing 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Chartwell RX Sciences, LLC..(Hallinan, Meghan) |
| Filing 39 NOTICE OF APPEARANCE by Meghan Hallinan on behalf of Chartwell RX Sciences, LLC..(Hallinan, Meghan) |
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Filing 38
ORDER This case has been assigned to the undersigned for all purposes. All counsel must familiarize themselves with the Courts Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. By February 21, 2024, the parties are ordered submit a joint letter, not to exceed five (5) pages, addressing the following in separate paragraphs: (1) A brief statement of the nature of the action and the principal defenses thereto; (2) A brief explanation of why jurisdiction and venue lie in this Court; (3) A brief description of all outstanding motions and/or all outstanding requests to file motions; (4) A brief description of any discovery that has already taken place, and that which will be necessary for the parties to engage in meaningful settlement negotiations; (5) A list of all prior settlement discussions, including the date, the parties involved, and the approximate duration of such discussions, if any; (6) The estimated length of trial; (7) Whether either party requests a conference at this time; and (8) Any other information that the parties believe may assist this Court in resolving the action. By that date, the parties shall also submit to the Court a proposed case management plan and scheduling order, a template of which is available at https://www.nysd.uscourts.gov/hon-john-p-cronan. If this case has been settled or otherwise terminated, counsel are not required to submit such letter or to appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions 13.17-13.20, available at https://nysd.uscourts.gov/rules/ecf-related-instructions. In accordance with the Court's Individual Rules and Practices for Civil Cases, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours (i.e., two business days) before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. Counsel who have noticed an appearance as of the issuance of this order are directed to notify all other parties' attorneys in this action by serving upon each of them a copy of this order and the Courts Individual Rules (available at the Court's website, https://www.nysd.uscourts.gov/hon-john-p-cronan) forthwith. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and Individual Rules to that party personally. SO ORDERED. (Signed by Judge John P. Cronan on 2/7/2024) (jca)
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| Filing 37 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:23-cv-03603. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vba) |
| Magistrate Judge Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
| Case Designated ECF. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| Filing 36 TRANSFERRED to the Southern District of New York the electronic record via email. (gcy, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 35 MINUTE entry before the Honorable Steven C. Seeger: Defendant Chartwell Rx Sciences, LLC's motion to dismiss for lack of personal jurisdiction and venue, or alternatively to change venue, is hereby granted in part. (Dckt. No. #22 ) The punchline is that this Court will transfer this case to the United States District Court for the Southern District of New York. In its motion, Defendant contends that this Court lacks personal jurisdiction because it does not have minimum contacts with the State of Illinois. Id. at 5. In the same vein, Defendant argues that venue is improper in this District because no events or omissions giving rise to the claim occurred in Illinois. Id. at 8-9. In response, Plaintiff Robert Handler does not take issue with the facts that support the motion for dismissal or transfer. See Pl.'s Resp. (Dckt. No. #26 ). Instead, Plaintiff points out that he is an assignee for Elorac, Inc.'s benefit, and "as successor-in-interest to Elorac, [Plaintiff] was not privy to much of this factual background, which pre-dates his involvement with Elorac." Id. at 2. Additionally, Plaintiff consents to a transfer to the Southern District of New York, where Defendant agrees that personal jurisdiction and venue are proper. Id. In its reply, Defendant contends that Plaintiff cannot "choose among the possible remedies sequentially requested by defendant," and argues that this Court should instead dismiss the case for lack of personal jurisdiction and/or improper venue. See Def.'s Reply, at 1 -2 (Dckt. No. #27 ). When a case is filed in a district where venue does not lie, the district court may "dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought." See 28 U.S.C. 1406(a). Plaintiff does not contest Defendant's argument that venue is improper here. See Pl.'s Resp., at 2 (Dckt. No. #26 ). And Defendant agrees that venue would lie in the Southern District of New York, so this Court could ship the case to that District under section 1406(a). See Def.'s Mtn. to Dismiss, at 9 (Dckt. No. #22 ). Notably, a district court may transfer a case under section 1406(a) even if it lacks personal jurisdiction. See Hapaniewski v. City of Chicago Heights, 883 F.2d 576, 579 (7th Cir. 1989); Goldlawr, Inc. v. Heiman, 369 U.S. 463, 465 (1962); see also Carpenter-Lenski v. Ramsey, 210 F.3d 374 (7th Cir. 2000) ("Section 1406(a) requires transfers in the interest of justice, when venue and/or personal jurisdiction was not proper in the transferor court."). So, the Court does not need to reach (and will not reach) Defendant's argument about personal jurisdiction. Under section 1406(a), "the district court has broad discretion to grant or deny a motion to transfer the case." Cote v. Wadel, 796 F.2d 981, 985 (7th Cir. 1986). Here, "the interest of justice factor is clearly served by a transfer to New York where there are close ties to this action and where this action can be most effectively and efficiently resolved." SMP Logic Sys., LLC v. Jerome Stevens Pharms., Inc., 2012 WL 245129, at *3 (N.D. Ill. 2012). As this Court views things, regardless of whether this case is dismissed or transferred, this matter will end up on the desk of an S.D.N.Y. judge someday. A dismissal for lack of personal jurisdiction or improper venue would merely postpone that outcome, and would result in more work for the parties and the courts alike. See, e.g., Moore v. City of Kankakee, 2015 WL 2455116, at *3 (N.D. Ill. 2015) (explaining that transfer is preferred over dismissal to "conserve the court's and the parties' resources"); Kuvedina, LLC v. Pai, 2011 WL 5403717, at *6 (N.D. Ill. 2011) ("Transfer avoids the time-consuming and justice-defeating technicalities required to refile a case in another venue.") (cleaned up). The Court therefore concludes that a section 1406(a) transfer would serve the interest of justice. So, the Court agrees to transfer this case to the Southern District of New York. To the extent that Defendant's motion (Dckt. No. #22 ) seeks relief other than a transfer, the Court denies the motion without prejudice and with leave to renew in the transferee court, as the rules of that court permit. The Clerk of Court is hereby directed to transfer this case to the United States District Court for the Southern District of New York and to close this docket. Civil case terminated. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 34 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chartwell RX Sciences, LLC (Fryd, Robert) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 33 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 32 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint status report. (Dckt. No. #31 ) On the day of the filing of the report, the parties conferred to discuss prior requests for information. The Court is unsure how much progress the parties have made, given that the discussions took place on the day of the status report. The Court directs the parties to discuss settlement in good faith, including the possible exchange of information to facilitate settlement discussions. The parties must file another status report by January 19, 2024. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 31 STATUS Report - Amended Joint Status Report by Robert P Handler (Welch, David) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 30 STATUS Report - Joint Status Report by Robert P Handler (Attachments: #1 Notice of Filing)(Welch, David) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 29 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint status report (Dckt. No. #28 ). As an aside, the parties did not need to file another joint initial status report. That filing happens only once. The Court simply wanted a status report on the exchange of information for settlement. The parties did not need to file a "notice of filing," either, as explained in this Court's Standing Order. Page six of the status report provides the answer. The parties haven't gotten very far. Plaintiff apparently requested documents, and Chartwell objected. Chartell requested documents, too, and Plaintiff objected. The parties must talk it over, and file a status report by November 10, 2023. Again, the Court directs the parties to exchange information reasonably necessary to engage in good faith settlement discussions. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 28 STATUS Report - Joint Status Report by Robert P Handler (Attachments: #1 Notice of Filing)(Welch, Brian) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 27 REPLY by Chartwell RX Sciences, LLC to response to motion,, #26 , MOTION by Defendant Chartwell RX Sciences, LLC to amend/correct MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for lack of jurisdiction or alternatively MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for impropeMOTION by Defendant Chartwell RX Sciences, LLC to dismiss for improper venue, or alternatively MOTION by Defendant Chartwell RX Sciences, LLC to change venue #22 (Attachments: #1 Declaration Fryd Declaration, #2 Exhibit 9/19/23 letter to plaintiff's counsel)(Fryd, Robert) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 26 RESPONSE by Robert P Handler to MOTION by Defendant Chartwell RX Sciences, LLC to amend/correct MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for lack of jurisdiction or alternatively MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for impropeMOTION by Defendant Chartwell RX Sciences, LLC to dismiss for improper venue, or alternatively MOTION by Defendant Chartwell RX Sciences, LLC to change venue #22 (Attachments: #1 Exhibit A, #2 Notice of Filing)(Welch, David) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 25 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint initial status report. (Dckt. No. #24 ) Fact discovery will close on April 1, 2024. Scheduling Order to follow. The parties have not discussed settlement because Plaintiff, as a fiduciary to the creditors of Elorac, believes that it needs information from Defendant. The Court directs the parties to promptly exchange information reasonably necessary to be able to have productive settlement discussions. The parties must file an update by October 13, 2023. The submission of the joint status report is not consent to personal jurisdiction or venue. But a defendant must raise it in an answer or motion to dismiss to preserve it. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 24 STATUS Report - Joint Status Report by Robert P Handler (Welch, Brian) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 23 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Defendant's motion to dismiss (Dckt. No. #21 ) and the corrected motion to dismiss (Dckt. No. #22 ). The original motion to dismiss (Dckt. No. #21 ) is hereby denied as moot. A response is due by September 19, 2023, and a reply is due by October 3, 2023. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 22 MOTION by Defendant Chartwell RX Sciences, LLC to amend/correct MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for lack of jurisdiction or alternatively MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for improper venue, or alternatively MOTION by Defendant Chartwell RX Sciences, LLC to change venue #21 , amended complaint #8 , MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for lack of jurisdiction or alternatively , MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for improper venue, or alternatively , MOTION by Defendant Chartwell RX Sciences, LLC to change venue (Attachments: #1 Declaration Goldenberg Declaration, #2 Exhibit A. Certificate of Organization of LLC, #3 Exhibit B. License agreement, #4 Exhibit C. Email chain, #5 Exhibit D. Email from Bernstein (Elorac) to Goldenberg (Chartwell), transmitting partially executed agreement (i.e., executed by Bernstein only), #6 Exhibit E. Email from Goldenberg to Bernstein, sending back license agreement as countersigned by Chartwell., #7 Exhibit F. Chartwell's FDA letter, #8 Declaration Semian Declaration, #9 Exhibit A. Redlined copy of agreement, showing changes between Semian's initial draft and agreement as counter-proposed by Elorac, #10 Exhibit B. Final agreement, redlined to show changes from Elorac's proposed version)(Fryd, Robert) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 21 MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for lack of jurisdiction or alternatively , MOTION by Defendant Chartwell RX Sciences, LLC to dismiss for improper venue, or alternatively , MOTION by Defendant Chartwell RX Sciences, LLC to change venue (Attachments: #1 Declaration Goldenberg Declaration, #2 Exhibit A-Certified Articles of Incorporation, #3 Exhibit B-License Agreement, #4 Exhibit C-E-Mail chain, #5 Exhibit D-License Agreement (final), #6 Exhibit E-e-mailed Final Licensing Agreement, #7 Exhibit F-Letters stating and accepting transfer, #8 Declaration, #9 Exhibit A-Bernstein's redlined proposed revisions, #10 Exhibit B-Redlined Final Licensing Agreement)(Fryd, Robert) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 20 MINUTE entry before the Honorable Steven C. Seeger: Defendant Chartwell RX Science, LLC's motion for leave to file additional appearance (Dckt. No. #17 ) is hereby granted. Defendant's second motion for an extension of time (Dckt. No. #18 ) is hereby granted. Defense counsel asked for a two-week extension, but Plaintiff supports only a one-week extension. The Court grants a two-week extension. The Court typically gives reasonable extensions to respond to a complaint. And this request is reasonable. The response to the complaint is due by August 21, 2023. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 19 MINUTE entry before the Honorable Steven C. Seeger: The Court took a look at the jurisdictional allegations of the first amended complaint (Dckt. No. #8 ), and confirmed the existence of complete diversity. The only member of Chartwell RX Sciences, LLC is Jack Goldenberg, and he is a citizen of New York. Mailed notice (jjr, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 18 MOTION by Defendant Chartwell RX Sciences, LLC for extension of time to file answer regarding order on motion for extension of time to answer, text entry #16 (Fryd, Robert) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 17 counsel for defendant MOTION by Defendant Chartwell RX Sciences, LLC for leave to appear as additional counsel for defendant (Attachments: #1 Appearance form for Robert Fryd)(Fryd, Robert) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 16 MINUTE entry before the Honorable Steven C. Seeger: Defendant Chartwell RX Science LLC's motion for an extension of time (Dckt. No. #11 ) is hereby granted. The response to the complaint is due by August 7, 2023. Mailed notice (lf, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 15 SUMMONS Returned Executed by Robert P Handler as to Chartwell RX Sciences, LLC on 7/5/2023, answer due 7/26/2023. (Bullock, Chase) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 14 SUMMONS Returned Executed by Robert P Handler as to Chartwell RX Sciences, LLC on 6/20/2023, answer due 7/11/2023. (Bullock, Chase) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 13 AFFIDAVIT of Les Debel regarding amended complaint #8 Affidavit of Service (Bullock, Chase) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 12 ATTORNEY Appearance for Defendant Chartwell RX Sciences, LLC by Richard M. Hoffman (Hoffman, Richard) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 11 MOTION by Defendant Chartwell RX Sciences, LLC for extension of time to file answer regarding affidavit #9 , amended complaint #8 (Fryd, Robert) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 10 PETITION FOR ADMISSION TO THE GENERAL BAR by Defendant Chartwell RX Sciences, LLC for attorney representation re: Robert Fryd (Fryd, Robert). (Docket Text modified by Clerk's Office). Modified on 7/13/2023 (jj, ). [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 9 AFFIDAVIT of Les Debel Affidavit of Service (Bullock, Chase) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 8 First Amended AMENDED complaint by Robert P Handler against Chartwell RX Sciences, LLC w-Certificate of Service (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Welch, David) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 7 AFFIDAVIT of Les Debel Affidavit of Service (Bullock, Chase) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 6 MINUTE entry before the Honorable Steven C. Seeger: The Court took a look at the complaint in this new case. The complaint invokes this Court's diversity jurisdiction, but the jurisdictional allegations are deficient. So the complaint is stricken. Plaintiff Robert Handler, acting as a trustee-assignee for the benefit of creditors of Elorac, Inc., filed suit against defendant Chartwell RX Sciences, LLC. The complaint alleges that Plaintiff Handler is an Illinois citizen, and that Elorac is incorporated in Delaware and headquartered in Illinois. The complaint also alleges that defendant Chartwell RX Sciences, LLC is "incorporated, headquartered, and authorized to conduct business" in New York. That is incorrect, and irrelevant. Chartwell RX Sciences is a limited liability company, and an LLC isn't "incorporated" anywhere. An LLC isn't a corporation. Putting aside the use of the wrong terminology, the complaint points to the wrong standard for the citizenship of an LLC. A corporation and a limited liability company are not the same thing. The differences include citizenship. A corporation is a citizen where it is incorporated and where it has its principal place of business. But a limited liability company is a citizen wherever its members are citizens. It makes no difference where a limited liability company is registered, or where it has its principal place of business. For an LLC, the citizenship of its members is all that matters. See Belleville Catering Co. v. Champaign Mkt. Place, LLC, 350 F.3d 691, 692 (7th Cir. 2003); Martin v. Living Essentials, LLC, 653 F. App'x 482, 485 (7th Cir. 2016) ("[T]he home 'base' of a limited liability company, or LLC, is irrelevant, given that an LLC has the citizenship of each of its members."); Thomas v. Guardmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) ("For diversity jurisdictional purposes, the citizenship of an LLC is the citizenship of each of its members."); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998) ("[T]he citizenship of an LLC for purposes of the diversity jurisdiction is the citizenship of its members."); Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equip. Co., 759 F.3d 787, 787-88 (7th Cir. 2014); West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829 (7th Cir. 2020) ("We've held repeatedly that there's no such thing as a [state name here] partnership or LLC, that only the partners' or members' citizenships matter, and that their identities and citizenships must be revealed.") (brackets in original). Here, Plaintiffs sued an LLC, without identifying all of its members. This Court does not know who the members are, or where they are citizens. So this Court does not know if there is diversity jurisdiction. The Court grants Plaintiff leave to file an amended complaint by June 30, 2023. The amended complaint must include sufficient jurisdictional allegations. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 2/6/2024.] |
| SUMMONS Issued as to Defendant Chartwell RX Sciences, LLC (kra, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 5 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by August 28, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Robert P Handler by Chase Edward Bullock (Bullock, Chase) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Robert P Handler by David K. Welch (Welch, David) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 2 ATTORNEY Appearance for Plaintiff Robert P Handler by Brian Patrick Welch (Welch, Brian) [Transferred from Illinois Northern on 2/6/2024.] |
| Filing 1 COMPLAINT filed by Robert P Handler; Filing fee $ 402, receipt number AILNDC-20714455. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Welch, David) [Transferred from Illinois Northern on 2/6/2024.] |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (smb, ) [Transferred from Illinois Northern on 2/6/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (smb, ) [Transferred from Illinois Northern on 2/6/2024.] |
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