155 South Park LLC v. Auto-Owners Insurance Group
| 155 South Park LLC |
| Auto-Owners Insurance Group |
| 4:2023cv02412 |
| December 19, 2023 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Both |
Docket Report
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This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 Report of Parties' Planning Meeting - filed by Auto-Owners Insurance Group. (Winchester, Brian) |
| Filing 7 Magistrate Consent Package issued by Courtroom Deputy. (P,K) |
| Filing 6 Case Management Conference Scheduling Order with case management conference to be held telephonically on 2/28/2024 at 01:30 PM before Judge Pamela A. Barker. The Court will provide counsel with call-in instructions, via email, for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Judge Pamela A. Barker on 1/22/2024. (Attachments: #1 Standard)(P,K) |
| Filing 5 Notification of Member Citizenship filed by All Plaintiffs. (Horvath, David) Modified on 12/28/2023 (L,Br). |
| Filing 4 Magistrate Consent Form issued. (G,M) |
| Filing 3 Answer to Complaint with Jury Demand (Related Doc #1 ) filed by Auto-Owners Insurance Group. (Winchester, Brian) |
| Filing 2 Corporate Disclosure Statement filed by Auto-Owners Insurance Group. (Winchester, Brian) |
| Filing 1 Notice of Removal from Trumbull County Court of Common Pleas, case number 2023 cv 01759 with jury demand, Filing fee paid $ 405, receipt number AOHNDC-12322904. Filed by Auto-Owners Insurance Group. (Attachments: #1 Exhibit A - Plaintiff's Complaint, #2 Exhibit B - Court Docket, #3 Civil Cover Sheet). (Winchester, Brian) |
Order [non-document] This matter was removed to this Court on 12/19/2023. For the convenience of the Court, and by no later than 1/2/2024, the parties are directed to refile herein any motions that were previously filed in state court and which remained pending at the time of removal. Judge Pamela A. Barker on 12/19/2023. (P,K)
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| Judge Pamela A. Barker assigned to case. (G,M) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (G,M) |
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Order [non-document] Counsel and the parties are hereby advised that this Court will not accept ex parte telephone calls to Chambers regarding substantive issues in pending cases. The Court speaks through its docket. While it may be appropriate to call Chambers regarding routine, non-substantive matters (such as requests for the dial in information for an upcoming status conference, etc.), it is not appropriate under any circumstances for counsel to call Chambers ex parte for guidance or clarification regarding substantive matters, including matters relating to existing case management deadlines, requests to file briefing, and/or inquiries regarding the status of pending motions. All questions regarding substantive matters in pending cases must be filed as a motion on the public docket, with the following exception. If a dispute arises during a deposition that requires this Court's immediate assistance, the parties may call Chambers for assistance, but must do so jointly (and not on an ex parte basis). Judge Pamela A. Barker on 12/19/2023. (P,K)
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Order [non-document] Defendant Auto-Owners Mut. Ins. Co. removed the instant action to this Court on the basis of complete diversity of citizenship. (Doc. No. #1 at p. 2.) In the Complaint, Plaintiff 155 South Park LLC states that it is "a Limited Liability Company registered in Ohio, conducting business in Trumbull County." (Doc. No. 1-1.) However, the citizenship of a limited liability company is not determined by its states of organization and principal place of business. Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). Instead, a limited liability company has the citizenship of each of its members. Id. Neither the Complaint nor the Notice of Removal identify the citizenship of all of the members of Plaintiff 155 South Park LLC. Therefore, and by no later than January 3, 2024, the Court orders Defendant and/or Plaintiff to identify the citizenship of all of Plaintiff's members at the time the instant action was removed to this Court. Judge Pamela A. Barker on 12/19/2023. (P,K)
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| Plaintiff: 155 South Park LLC | |
| Represented By: | David J. Horvath |
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| Defendant: Auto-Owners Insurance Group | |
| Represented By: | Taylor K. Dennen |
| Represented By: | Brian T. Winchester |
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