Franco, Felix et al v. Richland Refrigerated Solutions, LLC
| Franco Express, Inc. and Felix Franco |
| Richland Refrigerated Transfer, LLC, Richland Refrigerated Transfers, LLC and Richland Refrigerated Solutions, LLC |
| 3:2021cv00048 |
| January 21, 2021 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2022. A more recent docket listing may be available from PACER.
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Filing 19
** TEXT ONLY ORDER **ORDER granting #18 Motion to Admit Francis P. Cuisinier Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 3/16/2021. (lak)
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Filing 18
Motion to Admit Francis P. Cuisinier Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 0758-2843271.) by Defendant Richland Refrigerated Solutions, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: #1 Certificate of Good Standing) (Cuisinier, Francis)
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Filing 17
** TEXT ONLY ORDER **ORDER granting #16 Motion for Extension of Time to File Responsive Pleadings. Signed by Magistrate Judge Stephen L. Crocker on 3/9/2021. (kwf)
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Filing 16
Motion for Extension of Time to File Responsive Pleadings by Defendant Richland Refrigerated Solutions, LLC. Motions referred to Magistrate Judge Stephen L. Crocker. (Attachments: #1 Text of Proposed Order) (Smyk, Rostyslaw)
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Filing 15
Notice of Appearance of Rostyslaw J. Smyk filed by Rostyslaw J. Smyk for Defendant Richland Refrigerated Solutions, LLC. (Smyk, Rostyslaw)
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Filing 14
** TEXT ONLY ORDER **Plaintiffs have responded to the court's order directing them to provide supplemental information showing that the court may exercise diversity jurisdiction under 28 U.S.C. 1332. Plaintiffs say that the publicly available documents they have obtained don't identify the members of defendant Richland Refrigerated Solutions, LLC, see Dkt. #13 , so they can't determine Richland's citizenship for the purpose of establishing diversity jurisdiction. If a plaintiff is unable to allege diversity jurisdiction for lack of available information, the court may allow for jurisdictional discovery. See Dancel v. Groupon, Inc., 940 F.3d 381, 386 (7th Cir. 2019). So plaintiffs may have until 60 days after Refrigerated Solutions files a notice of appearance to conduct discovery and file supplemental information that identifies the citizenship of Richland and its members. If plaintiffs fail to respond by then, the court will dismiss the case for lack of jurisdiction. Signed by District Judge James D. Peterson on 3/9/2021. (kwf)
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Set/Reset Deadlines: Proof of Diversity of Citizenship due 5/10/2021. (kwf)
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Filing 13
Response to 3 Order Regarding Jurisdiction,,,, by Plaintiffs Felix Franco, Franco Express, Inc. (Attachments: #1 Exhibit Certification Records MinSoS, #2 Exhibit Minn LLC Stat Sum, #3 Exhibit Minn LLC SoState Records, #4 Exhibit e-mail corr Trail re jurisdiction, #5 Exhibit Face of Envelope to MgrLLC, #6 Exhibit Amend Art Incorp LLC) (Guyon, Emmanuel)
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Filing 12
** TEXT ONLY ORDER **Plaintiff moves for a second extension of time to file supplemental materials showing that the court can exercise diversity jurisdiction over this case. Dkt. #10 . Plaintiff says that he is having difficulty obtaining the identities of defendant Richland Refrigerated Solutions, LLC's members. Plaintiff's motion is GRANTED. He may have until March 15, 2021, to submit the necessary jurisdictional information. No further extensions will be granted. If plaintiff fails to respond by then, the court will dismiss the case without prejudice to plaintiff's refiling after he is able to adequately allege the parties' citizenship. Signed by District Judge James D. Peterson on 3/2/2021. (kwf)
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Filing 11
Acknowledgment of Service Executed by Minn. Sec. of State, for LLC's filed by Plaintiffs Felix Franco, Franco Express, Inc.. (Attachments: #1 Exhibit Cover letter from Minn SoS) (Guyon, Emmanuel)
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Set/Reset Deadlines: Proof of Diversity of Citizenship due 3/15/2021. (kwf)
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Filing 10
Motion for Extension of Time by Plaintiffs Felix Franco, Franco Express, Inc.. Motions referred to Magistrate Judge Stephen L. Crocker. Response due 3/5/2021. (Attachments: #1 Exhibit Index to Attachments, #2 Exhibit Business Records SoS Minn, #3 Exhibit Correspondence Minn.S.o.S., #4 Exhibit Insurance Co.Doc's Policy) (Guyon, Emmanuel)
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Filing 9
Summons Issued as to Steve Simon, Secretary of State of the State of Minnesota.
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Filing 8
Request for Issuance of Summons by Plaintiffs Felix Franco, Franco Express, Inc.. (Guyon, Emmanuel)
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Filing 7
Summons Issued as to Richland Refrigerated Solutions, LLC. (kwf)
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Filing 6
** TEXT ONLY ORDER **Two matters are before the court. First, plaintiffs move to correct the caption to modify the name of defendant "Richland Refrigerated Transfers, LLC" to "Richland Refrigerated Solutions, LLC." Dkt. #4 . The motion is GRANTED, and the clerk of court is directed to issue a new summons with the correct name. Second, plaintiffs ask for an extension of time to file an amended complaint or supplemental materials showing that plaintiffs' and defendant's citizenship is diverse. Plaintiffs say that they need more time because they are waiting for a response from the Minnesota Secretary of State to determine the identity of defendant's members and because counsel for plaintiffs will be recovering from surgery. The motion for an extension of time, Dkt. #5 , is GRANTED. Plaintiffs may have until March 1, 2021, to file their jurisdictional materials. If they fail to respond by then, the court will dismiss the case for lack of jurisdiction. Signed by District Judge James D. Peterson on 2/2/2021. (kwf)
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Set/Reset Deadlines: Proof of Diversity of Citizenship due 3/1/2021. (kwf)
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Filing 5
Response to 3 Order Regarding Jurisdiction,,,, by Plaintiffs Felix Franco, Franco Express, Inc. (Guyon, Emmanuel)
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Filing 4
Motion to Amend/Correct Caption of the Case by Plaintiffs Felix Franco, Franco Express, Inc. Response due 2/5/2021. (Guyon, Emmanuel) Modified on 1/29/2021: Page 3 of this filing is a partial response to 3 Text Only Order re: Jurisdiction. (lak)
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Filing 3
** TEXT ONLY ORDER **This is a state-law personal injury case. Plaintiffs' sole basis for jurisdiction is 28 U.S.C. 1332(a), which means that plaintiffs must allege facts showing that plaintiffs and defendant are citizens of different states and the amount in controversy is more than $75,000. But plaintiffs haven't provided enough information to allow the court to determine whether the requirements of 1332(a) are satisfied. The problem is with defendant Richland Refrigerated Transfers, LLC. The citizenship of a limited liability company is determined by the citizenship of its members, Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998), but plaintiff hasn't identified any of defendants' members or their citizenship. Plaintiff may have until February 10, 2021, to file an amended complaint or supplemental materials showing that plaintiffs' and defendant's citizenship is diverse. If plaintiffs fail to respond by then, the court will dismiss the case for lack of jurisdiction. Signed by District Judge James D. Peterson on 1/27/2021. (kwf)
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Filing 2
Summons Issued as to Richland Refrigerated Transfer, LLC. (arw)
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Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (arw)
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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. (arw)
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Filing 1
COMPLAINT against Defendant. Service to be completed by Waiver of Service of Summons. (Filing fee $402, receipt number 0758-2815545) Filed by All Plaintiffs. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Summons) (Guyon, Emmanuel) Modified on 1/22/2021. (lak)
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