Taizhou Yuanda Investment Group Co., Ltd. et al v. Z Outdoor Living, LLC et al
| Taizhou Yuanda Travelling Articles Co., Ltd., Taizhou Yuanda Investment Group Co., Ltd. and Taizhou Yuanda Furniture Co., Ltd. |
| Erin Corning, Don Corning, Z Outdoor Living, LLC, AFG, LLC, Kendra Farley, Casual Products of America, LLC and Pete Hill |
| 3:2019cv00875 |
| October 24, 2019 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 1/23/2020 at 1:00 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] (kwf) |
Filing 23
** TEXT ONLY ORDER ** ORDER granting #22 Motion to Amend Briefing Schedule. Brief in Opposition due 1/13/2020. Brief in Reply due 1/23/2020. Signed by Magistrate Judge Stephen L. Crocker on 12/19/2019. (rks)
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| Filing 22 Unopposed Motion to Amend Briefing Schedule for Defendants' Partial Motion to Dismiss by Plaintiffs Taizhou Yuanda Furniture Co., Ltd., Taizhou Yuanda Investment Group Co., Ltd., Taizhou Yuanda Travelling Articles Co., Ltd. Motions referred to Magistrate Judge Stephen L. Crocker. (Hancock, Mark) |
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Filing 21
** TEXT ONLY ORDER ** ORDER granting #16 Motion for Extension of Time to Answer. Signed by Magistrate Judge Stephen L. Crocker on 12/17/2019. (rks)
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| Filing 20 Response Stating No Opposition by Plaintiffs Taizhou Yuanda Furniture Co., Ltd., Taizhou Yuanda Investment Group Co., Ltd., Taizhou Yuanda Travelling Articles Co., Ltd. re: #16 Motion for Extension of Time to File Answer, filed by AFG, LLC, Z Outdoor Living, LLC, Don Corning, Casual Products of America, LLC, Erin Corning, Pete Hill, Kendra Farley. (Hancock, Mark) |
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Filing 19
** TEXT ONLY ORDER ** Defendants' deadline to answer the amended complaint is tolled until the court rules on defendants' motion for an extension of time (dkt. #16 ). Signed by Magistrate Judge Stephen L. Crocker on 12/11/2019. (rks)
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| Filing 18 Brief in Support of #17 Motion to Dismiss (Partial), by Defendants AFG, LLC, Casual Products of America, LLC, Don Corning, Erin Corning, Kendra Farley, Pete Hill, Z Outdoor Living, LLC. (Rome, Erin) Modified on 12/12/2019. (lak) |
| Filing 17 MOTION TO DISMISS (Partial) by Defendants AFG, LLC, Casual Products of America, LLC, Don Corning, Erin Corning, Kendra Farley, Pete Hill, Z Outdoor Living, LLC. Brief in Opposition due 1/1/2020. Brief in Reply due 1/11/2020. (Rome, Erin) Modified on 12/12/2019. (lak) |
| Filing 16 Motion for Extension of Time to File Answer re: #10 Amended Complaint, by Defendants AFG, LLC, Casual Products of America, LLC, Don Corning, Erin Corning, Kendra Farley, Pete Hill, Z Outdoor Living, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 12/18/2019. (Rome, Erin) |
| Filing 15 Notice of Appearance filed by Erin Rome for Defendants AFG, LLC, Casual Products of America, LLC, Don Corning, Erin Corning, Kendra Farley, Pete Hill, Z Outdoor Living, LLC. (Rome, Erin) |
| Filing 14 Notice of Appearance filed by Kevin J. Palmersheim for Defendants AFG, LLC, Casual Products of America, LLC, Don Corning, Erin Corning, Kendra Farley, Pete Hill, Z Outdoor Living, LLC. (Palmersheim, Kevin) |
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Filing 13
** TEXT ONLY ORDER ** ORDER granting #12 Stipulated Motion for Extension of Time to File Answer re: #10 Amended Complaint. Signed by Magistrate Judge Stephen L. Crocker on 11/25/2019. (rks)
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| Filing 12 Stipulated Motion for Extension of Time to File Answer re: #10 Amended Complaint, by Plaintiffs Taizhou Yuanda Furniture Co., Ltd., Taizhou Yuanda Investment Group Co., Ltd., Taizhou Yuanda Travelling Articles Co., Ltd. Motions referred to Magistrate Judge Stephen L. Crocker. (Hancock, Mark) |
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Filing 11
** TEXT ONLY ORDER ** Plaintiffs have filed a second amended complaint in response to the court's order to supplement plaintiffs' jurisdictional allegations. The court is persuaded that plaintiffs have now adequately alleged that plaintiffs and defendants have diverse citizenship and the amount in controversy is more than $75,000, so the court may exercise jurisdiction under 28 U.S.C. 1332. Signed by District Judge James D. Peterson on 11/12/2019. (rks)
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| Filing 10 AMENDED COMPLAINT (Second) against All Defendants, filed by All Plaintiffs, (Attachments: #1 Exhibit A - Cooperation Agreement dated 1-1-17, #2 Exhibit B - Sample Purchase Order, #3 Exhibit C - Sample Invoice, #4 Exhibit D - AFG Purchase Order from Customer, #5 Exhibit E - TZY Invoice to AFG) (Hancock, Mark) |
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Filing 9
** TEXT ONLY ORDER ** Plaintiffs have filed an amended complaint in response to the court's order to supplement plaintiffs' jurisdictional allegations. See Dkt. #8 . Plaintiffs have included new allegations showing defendants' citizenship, but they still failed to identify their own citizenship. Plaintiffs may have until November 12, 2019, to file an amended complaint or other supplemental materials identifying: (1) all of plaintiffs' members; and (2) the citizenship of each member. If plaintiffs fail to respond by then, the court will dismiss the case for lack of subject matter jurisdiction. Signed by District Judge James D. Peterson on 11/6/2019. (rks)
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| Filing 8 AMENDED COMPLAINT for Damages and Jury Demand against All Defendants, filed by All Plaintiffs, (Attachments: #1 Exhibit A - Cooperation Agreement dated 1-1-17, #2 Exhibit B - Sample Purchase Order, #3 Exhibit C - Sample Invoice, #4 Exhibit D - AFG Purchase Order from Customer, #5 Exhibit E - TZY Invoice to AFG) (Hancock, Mark) |
| Filing 7 Notice of Appearance filed by Jonathan T. Smies for Plaintiffs Taizhou Yuanda Furniture Co., Ltd., Taizhou Yuanda Investment Group Co., Ltd., Taizhou Yuanda Travelling Articles Co., Ltd. (Smies, Jonathan) |
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Filing 6
** TEXT ONLY ORDER ** The complaint in this case relies solely on 28 U.S.C. 1332 as a basis for jurisdiction, but plaintiffs haven't adequately alleged that they meet the requirement in 1332 that the plaintiffs and defendants have diverse citizenship. Plaintiffs identify the citizenship of four individual defendants, but they have failed to identify the citizenship of any of the business entities. Specifically, plaintiffs simply allege that the defendant business entities are U.S. citizens and plaintiffs aren't. But this type of vague allegation of "negative citizenship" isn't enough. See Dancel v. Groupon, Inc., 940 F.3d 381, 385 (7th Cir. 2019) ("[An] allegation of negative citizenship fails to satisfy the... diversity requirement."). Rather, plaintiffs must identify the parties' citizenship more precisely. See Dalton v. Teva N. Am., 891 F.3d 687, 690 (7th Cir. 2018) ("A complaint may not merely allege diversity of citizenship without identifying the defendants' states of citizenship [or rely on] the bare assertion that the defendants are citizens of 'another state different from the Plaintiff.'"). So plaintiffs may have until November 22, 2019, to file an amended complaint or other supplemental materials identifying the citizenship of each party. If plaintiffs fail to respond by then, the court will dismiss the case for lack of subject matter jurisdiction. Signed by District Judge James D. Peterson on 11/1/2019. (rks)
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| Filing 5 Summons Issued as to Z Outdoor Living, LLC, et al. (Attachments: #1 Summons as to AFG, LLC, #2 Summons as to Casual Products of America, LLC, #3 Summons as to Don Corning, #4 Summons as to Erin Corning, #5 Summons as to Kendra Farley, #6 Summons as to Pete Hill) (rks) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (rks) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (rks) |
| Filing 4 Corporate Disclosure Statement by Plaintiff Taizhou Yuanda Travelling Articles Co., Ltd. (Hancock, Mark) |
| Filing 3 Corporate Disclosure Statement by Plaintiff Taizhou Yuanda Investment Group Co., Ltd. (Hancock, Mark) |
| Filing 2 Corporate Disclosure Statement by Plaintiff Taizhou Yuanda Furniture Co., Ltd. (Hancock, Mark) |
| Filing 1 COMPLAINT against All Defendants, ( Filing fee $ 400 receipt number 0758-2565088.), filed by All Plaintiffs, (Attachments: #1 Exhibit A - Cooperation Agreement dated 1-1-17, #2 Exhibit B - Sample Purchase Order, #3 Exhibit C - Sample Invoice, #4 Exhibit D - AFG Purchase Order from Customer, #5 Exhibit E - TZY Invoice to AFG, #6 JS-44 Civil Cover Sheet, #7 Summons - Z Outdoor Living, LLC, #8 Summons - AFG, LLC, #9 Summons - Casual Products of America, LLC, #10 Summons - Don Corning, #11 Summons - Erin Corning, #12 Summons - Kendra Farley, #13 Summons - Pete Hill) (Hancock, Mark) Modified on 10/25/2019: Corrected stats, etc. (lak) |
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