Ramsey Hill Exploration, LLC v. JGS All American Construction, LLC et al
| Ramsey Hill Exploration, LLC |
| JGS All American Construction, LLC, Rail Trusts Equipment, Inc. and Grant Gibbs |
| 3:2019cv00082 |
| February 1, 2019 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 23, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 Affidavit of Jacob Baumler filed by Plaintiff Ramsey Hill Exploration, LLC re: #12 Motion to Dismiss, #13 Motion to Dismiss, (Attachments: #1 Exhibit 1 - E-mail dated February 20, 2019, #2 Exhibit 2 - E-mail dated February 20, 2019, #3 Exhibit 3 - E-mail dated February 20, 2019) (lak) |
| Filing 16 Brief in Opposition by Plaintiff Ramsey Hill Exploration, LLC re: #13 Motion to Dismiss filed by Rail Trusts Equipment, Inc., #12 Motion to Dismiss filed by Grant Gibbs, (Attachments: #1 Exhibit - See #17 .) (Cari, Ryan) Modified on 3/26/2019. (lak) |
Filing 15
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge William M. Conley attached. Amendments to Pleadings due 5/1/2019. Dispositive Motions due 8/5/2019. Settlement Letters due 12/20/2019. Motions in Limine due 12/20/2019. Response to Motion due 1/17/2020. Final Pretrial Submissions due 1/13/2020. Final Pretrial Conference set for 1/28/2020 at 04:00 PM. Court Trial set for 2/10/2020 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 3/15/2019. (voc)
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| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 3/14/2019 [:20] (cak) |
| Reset Telephone Conference at the request of counsel: Telephone Pretrial Conference reset for 3/14/2019 at 11:00 AM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. (jat) |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 3/12/2019 at 01:30 PM rescheduled to 3/15/2019 at 11:00 AM to accommodate the court's trial calendar. Counsel for Plaintiff remains responsible for setting up the call to chambers at (608) 264-5153. (cak) |
| Filing 14 Report of Rule 26(f) Planning Meeting. (Osgathorpe, John) Modified on 3/7/2019. (lak) |
| Filing 13 MOTION TO DISMISS Amended Complaint by Defendant Rail Trusts Equipment, Inc. Brief in Opposition due 3/26/2019. Brief in Reply due 4/5/2019. (Osgathorpe, John) |
| Filing 12 MOTION TO DISMISS Amended Complaint by Defendant Grant Gibbs. Brief in Opposition due 3/26/2019. Brief in Reply due 4/5/2019. (Osgathorpe, John) |
| Filing 11 Affidavit of Service by Plaintiff. JGS All American Construction, LLC served on 2/22/2019, answer due 3/15/2019. (Cari, Ryan) |
| Filing 10 Corporate Disclosure Statement by Plaintiff Ramsey Hill Exploration, LLC. (Cari, Ryan) |
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Filing 9
** TEXT ONLY ORDER **ORDER Regarding Jurisdiction. This civil action was removed by defendants from state court to federal court on the basis of 28 U.S.C. 1441 and 1446, invoking this court's diversity jurisdiction under 28 U.S.C. 1332(a). As detailed in the Notice of Removal, defendants acted diligently in attempting to discover the plaintiff LLC's members and those members' citizenship but were unable to do so. Still, based on their research, defendants alleged in good faith that plaintiff's members were not citizens of Texas or Florida, the states of which defendants are citizens. (Not. of Removal (dkt. #2 ) par. 15-23.) Today, plaintiff filed an amended complaint, but the amended complaint fails to contain the necessary allegations for this court to ensure diversity of citizenship. Plaintiff simply alleges that it is a "limited liability company organized under the laws of the state of Minnesota." (Am. Compl. (dkt. #8 ) par. 1.) This information, however, is not relevant to the citizenship of an LLC party. Instead, "the citizenship of an LLC is the citizenship of each of its members." Camico Mut. Ins. Co. v. Citizens Bank, 474 F.3d 989, 992 (7th Cir. 2007). As such, on or before March 1, 2019, plaintiff is directed to file a declaration identifying each of its members and the state or states of their citizenship. In alleging the LLC's citizenship, plaintiff should be aware that if any members of the LLCs are themselves a limited liability company, partnership, or other similar entity, then the individual citizenship of each of those members and partners must also be alleged as well. See Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002). The court also notes that the filing of the amended complaint moots defendants' motion to dismiss. Of course, defendants are free to move to dismiss the amended complaint. Signed by District Judge William M. Conley on 2/20/2019. (voc) Modified on 2/20/2019. (arw)
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| Filing 8 AMENDED COMPLAINT against All Defendants, filed by Ramsey Hill Exploration, LLC, (Attachments: #1 Cover Letter, #2 Summons (Issued by counsel.)) (Cari, Ryan) (Main document replaced and additional attachments added on 2/19/2019: #3 Exhibit A - Sand Supply Agreement, #4 Exhibit B - Invoice, #5 Exhibit C - Invoice, #6 Exhibit D - Letter dated November 12, 2018) (lak) |
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Filing 7
** TEXT ONLY ORDER **ORDER granting #6 Motion to Admit John Osgathorpe Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 2/5/2019. (lak)
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| Filing 6 Motion to Admit John Osgathorpe Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2403627.) by Defendants Grant Gibbs, Rail Trusts Equipment, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Osgathorpe, John) |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 3/12/2019 at 01:30 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. [#Standing Order Governing Preliminary Pretrial Conference attached] (voc) |
| Standard attachments for Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (voc) |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (voc) |
| Filing 5 Corporate Disclosure Statement by Defendants Grant Gibbs, Rail Trusts Equipment, Inc. (Morgenroth, Brandie) |
| Filing 4 MOTION TO DISMISS by Defendant Rail Trusts Equipment, Inc. Brief in Opposition due 2/25/2019. Brief in Reply due 3/7/2019. (Morgenroth, Brandie) |
| Filing 3 MOTION TO DISMISS by Defendant Grant Gibbs. Brief in Opposition due 2/25/2019. Brief in Reply due 3/7/2019. (Morgenroth, Brandie) |
| Filing 2 NOTICE OF REMOVAL from Pierce County, case number 2018CV000249. ( Filing fee $ 400 receipt number 0758-2403349), filed by Rail Trusts Equipment, Inc., Grant Gibbs, (Attachments: #1 JS-44 Civil Cover Sheet (Listed counsel do not represent JGS All American Construction, LLC), #2 Exhibit A - State Court Documents, #3 Exhibit B - Business Record Details, #4 Exhibit C - Consent to Removal) (Morgenroth, Brandie) Modified on 2/5/2019: Added exhibit descriptions. E-mail sent to counsel. (lak) |
| Filing 1 Disregard. See #2 . Modified on 2/5/2019. (lak) |
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