River States Truck And Trailer, Inc. v. Daimler Vans USA LLC et al
| River States Truck And Trailer, Inc. |
| Daimler Vans USA LLC and Mercedes-Benz USA, LLC |
| 3:2020cv01089 |
| December 8, 2020 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 23, 2022. A more recent docket listing may be available from PACER.
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Filing 26
Redaction to #22 Declaration, (Attachments: #1 Exhibit A - Dealer Agreement, #2 Exhibit B - Distribution Letter, #3 Exhibit C - Redacted in Full) (Snyder, Jack) Modified on 2/3/2021. (lak)
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Filing 25
Redaction to #21 Brief in Support. (Snyder, Jack) Modified on 2/3/2021: Second e-mail sent to counsel re: filing redacted documents. (lak)
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Filing 24
** TEXT ONLY ORDER **ORDER granting #19 Motion to Seal Documents. Signed by Magistrate Judge Stephen L. Crocker on 2/1/2021. (kwf)
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Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 3/9/2021 at 1:30 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] (kwf)
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Filing 23
Corporate Disclosure Statement by Defendants Daimler Vans USA LLC, Mercedes-Benz USA, LLC. (Snyder, Jack)
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Filing 22
Declaration of Jason Apap filed by Defendants Daimler Vans USA LLC, Mercedes-Benz USA, LLC re: #20 Motion to Dismiss (Sealed Document) (Attachments: #1 Exhibit A - The Commercial Vehicle Dealer Agreement, #2 Exhibit B - Letter dated August 18, 2020, #3 Exhibit C - Letter dated November 2, 2020) (Snyder, Jack) Modified on 2/1/2021: Added exhibit descriptions. Detailed e-mail sent to counsel. (lak)
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Filing 21
Brief in Support of #20 Motion to Dismiss by Defendants Daimler Vans USA LLC, Mercedes-Benz USA, LLC (Sealed Document) (Snyder, Jack)
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Filing 20
MOTION TO DISMISS by Defendants Daimler Vans USA LLC, Mercedes-Benz USA, LLC. Brief in Opposition due 2/19/2021. Brief in Reply due 3/1/2021. (Snyder, Jack)
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Filing 19
Motion to Seal Documents by Defendants Daimler Vans USA LLC, Mercedes-Benz USA, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Snyder, Jack)
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Filing 18
** TEXT ONLY ORDER **Plaintiffs have responded to the court's request for more information about the citizenship of defendants Daimler Vans USA, LLC and Mercedes-Benz USA, LLC, for the purpose of determining whether the court has diversity jurisdiction. The court is persuaded that the amended complaint adequately alleges the jurisdictional requirements of 28 U.S.C. 1332 at the pleading stage. At summary judgment or trial, or if the defendant later challenges the exercise of jurisdiction, plaintiff will have to come forward with specific evidence identifying each parties' citizenship. See Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888 (1990) (discussing the difference between pleading and summary judgment for the purpose of proving jurisdictional facts). Signed by District Judge James D. Peterson on 1/27/2021. (kwf)
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Filing 17
Redaction to #13 Amended Complaint by Plaintiff River States Truck And Trailer, Inc. (Norman, Paul)
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Filing 16
Redaction to #2 Complaint, by Plaintiff River States Truck And Trailer, Inc. (Norman, Paul)
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Filing 15
** TEXT ONLY ORDER **ORDER granting #14 Joint Motion to Seal Document #13 Amended Complaint, #2 Complaint. Signed by Magistrate Judge Stephen L. Crocker on 1/15/2021. (kwf)
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Filing 14
Joint Motion to Seal Document #13 Amended Complaint, #2 Complaint, by Plaintiff River States Truck And Trailer, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. (Norman, Paul)
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Filing 13
AMENDED COMPLAINT against All Defendants, filed by River States Truck And Trailer, Inc.. (Norman, Paul)
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Filing 12
** TEXT ONLY ORDER **ORDER granting #10 Motion for Extension of Time to Answer. Daimler Vans USA LLC answer due 1/29/2021; Mercedes-Benz USA, LLC answer due 1/29/2021. Signed by Magistrate Judge Stephen L. Crocker on 12/22/2020. (kwf)
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Filing 11
Notice of Appearance filed by Michael Daniel Educate for Defendants Daimler Vans USA LLC, Mercedes-Benz USA, LLC. (Educate, Michael)
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Filing 10
Motion for Extension of Time to File Answer re #2 Complaint, by Defendants Daimler Vans USA LLC, Mercedes-Benz USA, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 12/29/2020. (Attachments: #1 Text of Proposed Order) (Snyder, Jack)
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Filing 9
Notice of Appearance filed by Jack Owen Snyder, Jr for Defendants Daimler Vans USA LLC, Mercedes-Benz USA, LLC. (Snyder, Jack)
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Filing 8
** TEXT ONLY ORDER **Plaintiff River States Truck and Trailer, Inc. has filed a complaint in which it relies solely on 28 U.S.C. 1332 as a basis for jurisdiction. Dkt. #1 . But the complaint doesn't properly allege diversity of citizenship. Defendants, Daimler Vans USA, LLC and Mercedes-Benz USA, LLC, are limited liability companies. The citizenship of an LLC is determined by the citizenship of each of its members. See Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). To establish the citizenship of an LLC, a party must list the citizenship of all members of the company, and if any of those members have members, their members must be listed as well. Thomas v. Guardsmark, LLC, 585 F.3d 531, 534 (7th Cir. 2007). Plaintiff identifies neither the defendants' members nor the members' state citizenship. Plaintiff may have until January 8, 2021 to file an amended complaint which properly alleges defendants' citizenship. If plaintiff does not respond by the deadline, the court will dismiss the case for lack of jurisdiction. Signed by District Judge James D. Peterson on 12/17/2020. (kwf)
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Filing 7
Corporate Disclosure Statement by Plaintiff River States Truck And Trailer, Inc.. (Norman, Paul)
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Filing 6
Affidavit of Service by Plaintiff. Mercedes-Benz USA, LLC served on 12/11/2020, answer due 1/4/2021. (Norman, Paul)
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Filing 5
Affidavit of Service by Plaintiff. Daimler Vans USA LLC served on 12/11/2020, answer due 1/4/2021. (Norman, Paul)
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Filing 4
Notice of Appearance filed by Sarah Horner for Plaintiff River States Truck And Trailer, Inc.. (Horner, Sarah)
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Filing 3
Summons Issued as to Daimler Vans USA LLC, Mercedes-Benz USA, LLC. (kwf)
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Standard attachments for District Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (kwf)
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Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (kwf)
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Filing 2
COMPLAINT against All Defendants. ( Filing fee $ 402 receipt number 0758-2794619.), filed by River States Truck And Trailer, Inc.. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons Daimler Vans USA LLC, #3 Summons Mercedes-Benz USA LLC) (Norman, Paul)
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Filing 1
Disregard, refiled as #2 COMPLAINT against All Defendants. Modified on 12/8/2020. (arw)
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