BMO Harris Bank N.A. v. Cire Lo Enterprises, LLC et al
| BMO Harris Bank N.A. |
| Mamadou Lo and Cire Lo Enterprises, LLC |
| 3:2019cv01031 |
| December 17, 2019 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Document Text |
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Filing 12
** TEXT ONLY ORDER ** The court is satisfied that plaintiff BMO Harris Bank N.A.'s second amended complaint, Dkt. #11 , contains allegations sufficient to establish subject-matter jurisdiction in compliance with the court's December 27, 2019 order, Dkt. 8 . Signed by District Judge James D. Peterson on 2/11/2020. (voc)
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| Filing 11 SECOND AMENDED COMPLAINT against Cire Lo Enterprises, LLC, Mamadou Lo, filed by BMO Harris Bank N.A., (Attachments: #1 Exhibit A - Loan and Security Agreement, #2 Exhibit B - Continuing Guaranty) (Haney, James) |
| Filing 10 Mail Returned as Undeliverable. Mail sent to Cire Lo Enterprises, LLC. (Attachments: #1 1- Copy of NEF regarding response deadline and copy of Dkt. #4, #2 2- Copy of Dkt. #4) (voc) |
| Filing 9 Mail Returned as Undeliverable. Mail sent to Mamadou Lo. (Attachments: #1 1- Copy of NEF regarding response deadline and copy of Dkt. #4, #2 2- Copy of Dkt. #4) (voc) |
| Set Response Deadline as to #4 Motion for Writ of Replevin with Supporting Memorandum. Brief in Opposition due 2/6/2020. (voc/ajb) |
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Filing 8
** TEXT ONLY ORDER ** In its complaint, plaintiff BMO Harris Bank N.A. alleged that the court has jurisdiction on the basis of diversity under 28 U.S.C. 1332. Dkt. #1 . The court directed plaintiff to file an amended complaint because its original complaint didn't include enough information to determine defendant Mamadou Lo's citizenship (which, according to plaintiff, will determine defendant Cire Lo Enterprises, LLC's citizenship because Lo is the LLC's sole member). Dkt. 6 . In response, plaintiff has filed an amended complaint stating that Lo "lived and continues to live within the Western District of Wisconsin." Dkt. #7 , para. 3. To be a citizen of Wisconsin, Lo must be domiciled in Wisconsin. Sadat v. Mertes, 615 F.2d 1176, 1180 (7th Cir. 1980). Domicile is "the state in which a person intends to live over the long run," Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). Plaintiff's amended complaint still says nothing about where Lo intends to live over the long run. But plaintiff may not have any further information pertaining to Lo's citizenship. The court will allow this case to proceed so that plaintiff can conduct discovery to determine Lo's citizenship. Plaintiff has 45 days to file another amended complaint that properly alleges Lo's citizenship. Signed by District Judge James D. Peterson on 12/27/2019. (voc)
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| Filing 7 AMENDED COMPLAINT against Cire Lo Enterprises, LLC, Mamadou Lo, filed by BMO Harris Bank N.A., (Attachments: #1 Exhibit A - Loan and Security Agreement, #2 Exhibit B - Continuing Guaranty) (Haney, James) |
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Filing 6
** TEXT ONLY ORDER **Plaintiff BMO Harris Bank N.A. filed this suit for breach of contract, contending that the court has jurisdiction under 28 U.S.C. 1332. Dkt. #1 . But for the court to exercise jurisdiction under 1332, the parties must be citizens of different states, and plaintiff has not provided information sufficient to determine defendants' citizenship. Defendant Cire Lo Enterprises is a limited liability company, which means that its citizenship is determined by the citizenship of each of its members. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Plaintiff alleges that defendant Lo is the sole member of Cire Lo Enterprises and that Lo is a resident of Wisconsin. But allegations of residency are not sufficient; citizenship is determined by domicile, which is where the party intends to live in the long term. Myrick v. WellPoint, Inc., 764 F.3d 662, 664 (7th Cir. 2014). So plaintiff's allegations aren't enough to establish the citizenship of either defendant. Plaintiff may have until January 3, 2020, to file and serve an amended complaint containing good-faith allegations sufficient to establish complete diversity of citizenship. The court will dismiss the complaint for lack of jurisdiction if plaintiff does not file an amended complaint by the deadline. Signed by District Judge James D. Peterson on 12/20/2019. (kwf) Modified on 12/27/2019 (voc).
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| Filing 5 Affidavit of Heather Nading, Litigation Specialist at BMO Harris Bank N.A. filed by Plaintiff BMO Harris Bank N.A. re: #4 Motion for Writ, (Attachments: #1 Exhibit A - Loan and Security Agreement, #2 Exhibit B - Continuing Guaranty) (Haney, James) |
| Filing 4 Motion for Writ of Replevin with Supporting Memorandum by Plaintiff BMO Harris Bank N.A., (Attachments: #1 Disregard. Refer to #5 ., #2 Certificate of Service, #3 Text of Proposed Order) (Haney, James) Modified on 12/18/2019. (lak) |
| Filing 3 Summons Issued as to Cire Lo Enterprises, LLC, Mamadou Lo. (Attachments: #1 Summons Mamadou Lo) (voc) |
| Filing 2 Corporate Disclosure Statement by Plaintiff BMO Harris Bank N.A. (lak) |
| Filing 1 COMPLAINT against Cire Lo Enterprises, LLC, Mamadou Lo, ( Filing fee $ 400 receipt number 0758-2595406.), filed by BMO Harris Bank N.A., (Attachments: #1 Exhibit A - Loan and Security Agreement, #2 Exhibit B - Continuing Guaranty, #3 JS-44 Civil Cover Sheet, #4 Refer to #2 ., #5 Summons - Cire Lo Enterprises, LLC, #6 Summons - Mamadou Lo) (Haney, James) Modified on 12/17/2019. (lak) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (voc) |
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