Aronia Growers, LLC v. Tohi Ventures, LLC
| Aronia Growers, LLC |
| Tohi Ventures, LLC |
| 3:2021cv00323 |
| May 12, 2021 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 9 File stamped copy of letter acknowledging receipt of the record. (jls) |
Filing 8
** TEXT ONLY ORDER ** In response to this court's May 14, 2021 order (dkt. 4), defendant reports that its investigation reveals that the parties are not diverse: plaintiff's LLC and defendant's LLC both have members who are residents and citizens of Missouri. See dkt. #7 . Therefore, it is ORDERED that this case is DISMISSED for lack of jurisdiction and REMANDED to the Circuit Court for Jackson County, Wisconsin. Signed by Magistrate Judge Stephen L. Crocker on 5/26/2021. (voc)
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| Filing 7 Notice by Defendant Tohi Ventures, LLC re #2 Notice of Removal, Letter to Court RE No Amended Petition to Be Filed. (Brown, Michael) |
| Filing 6 Corporate Disclosure Statement by Defendant Tohi Ventures, LLC. (Brown, Michael) |
| Filing 5 ANSWER by Defendant Tohi Ventures, LLC. (Attachments: #1 Cover Letter) (Brown, Michael) |
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Filing 4
** TEXT ONLY ORDER ** This is a breach of contract case that originated in state court. Defendant Tohi Ventures, LLC, has filed a notice of removal, contending that the court has jurisdiction under 28 U.S.C. 1332. Dkt. 2. But for the court to exercise jurisdiction under 1332, the parties must be citizens of different states, and neither the petition for removal nor the underlying complaint provides sufficient information to determine the citizenship of either defendant Tohi Ventures, LLC or plaintiff Aronia Growers, LLC. Although Tohi Ventures alleges it has its principal place of business in Missouri, and that plaintiff Aronia Growers, LLC has its place of business in Wisconsin, the citizenship of a limited liability company is determined by the citizenship of each of its members. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). And if any of the members of an LLC are themselves LLCs, partnerships, or other similar entities, then the citizenship of those members and partners must be alleged as well. See Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002) (per curiam). As the party invoking federal jurisdiction, it is Tohi Ventures' burden to show these requirements are met. Accordingly Tohi Ventures may have until May 28, 2021, to file and serve an amended petition for removal containing good-faith allegations sufficient to establish complete diversity of citizenship. The court will dismiss the petition and remand the case to state court if Tohi Ventures does not file an amended removal petition by the deadline Signed by Magistrate Judge Stephen L. Crocker on 5/14/2021. (voc)
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| Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all parties with summons or waiver of service: #Corporate Disclosure Statement, #Order Regarding Assignment of Cases, #Notice of Assignment to a Magistrate Judge and Consent/Request for Reassignment, #Order on Dispositive Motions. (voc) |
| Case randomly assigned to Magistrate Judge Stephen L. Crocker. (voc) |
| Filing 3 Notice of Appearance filed by Marie G. Bahoora for Plaintiff Aronia Growers, LLC. (Bahoora, Marie) |
| Filing 2 NOTICE OF REMOVAL from Jackson County Circuit Court, case number 2021CV47. ( Filing fee $ 402 receipt number 0758-2874548), filed by Tohi Ventures, LLC. (Attachments: #1 Attachment A - Summons, Complaint and Exhibits, #2 Attachment B - Post-Complaint Docket Filings, #3 JS-44 Civil Cover Sheet) (lak) |
| Filing 1 Disregard. Modified on 5/12/2021. (lak) |
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| Plaintiff: Aronia Growers, LLC | |
| Represented By: | Marie G. Bahoora |
| Represented By: | Justin Michael Mertz |
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| Defendant: Tohi Ventures, LLC | |
| Represented By: | Michael F. Brown |
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