Dagenais, Mark v. Franks, Aadam et al
| Mark Dagenais and The Honorable Denis Richard McDonough |
| Aadam J. Franks, ABC Insurance Company, SBH Holdings LLC doing business as ScienceBased Health, DEF Insurance Company, GHI Insurance Company, ScienceBased Health LLC doing business as ScienceBased Health, JKL Insurance Company, MNO Sales Company, PQR Insurance Company, STU Health Company and VWX Insurance Company |
| 3:2022cv00593 |
| October 17, 2022 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on November 18, 2022. A more recent docket listing may be available from PACER.
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Filing 11
** TEXT ONLY ORDER ** The parties have notified the court that they have reached a settlement. Dkt. #10 . Accordingly, this case is DISMISSED without prejudice. Any party may move to reopen the case for good cause. Any party may move to convert the dismissal to one with prejudice after the terms of the settlement have been satisfied. Signed by District Judge James D. Peterson on 11/18/2022. (voc)
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| Filing 10 Notice of Settlement by Defendants SBH Holdings LLC, SBH Holdings LLC, ScienceBased Health LLC (Hatchell, Eric) |
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Filing 9
** TEXT ONLY ORDER **Defendant SBH Holdings, LLC has filed a supplement to its notice of removal in response to this court's order asking for more information about whether the court has jurisdiction under 28 U.S.C. 1332. The court is persuaded that the notice and the supplement adequately allege all of the requirements for 1332 at the pleading stage. At summary judgment or trial, or if plaintiff later challenges the exercise of jurisdiction, plaintiff will have to come forward with specific evidence identifying each party's citizenship. See Lujan v. Nat'l Wildlife Fed'n, 497 U.S. 871, 888 (1990). Signed by District Judge James D. Peterson on 11/15/2022. (voc)
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| Filing 8 Notice by Defendant ScienceBased Health LLC re 7 ORDER Regarding Jurisdiction. . (Hatchell, Eric) |
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Filing 7
** TEXT ONLY ORDER **Defendants SBH Holdings LLC and ScienceBased Health LLC have removed this action from state court, relying solely on 28 U.S.C. 1332 as a basis for jurisdiction. But the allegations in the notice of removal don't provide the court with enough information to determine whether there is complete diversity of citizenship, which is one of the requirements of 1332. Specifically, defendants allege that "no members of SBH Holdings nor ScienceBased Health are citizens of the State of Wisconsin" but they don't identify any of defendants' members or their citizenships. Dkt. 1, 13. A party seeking to establish diversity jurisdiction over a case in which an LLC is a party must list the citizenships of all members of the LLC, and if any of those members have members, the citizenships of their members must be listed as well. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). So, defendants have until November 14, 2022, to file supplemental materials showing that the court may exercise subject matter jurisdiction over this case. If defendants don't respond, the court will remand the case to state court. Signed by District Judge James D. Peterson on 10/28/22. (jat)
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Filing 6
** TEXT ONLY ORDER **ORDER accepting #5 Stipulation to Extend Defendants SBH Holdings LLC and ScienceBased Health, LLC's Time to Respond to Plaintiff's Complaint. Answer due 11/17/2022. Signed by Magistrate Judge Stephen L. Crocker on 10/27/2022. (jls)
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| Filing 5 Stipulation to Extend Defendants SBH Holdings LLC and ScienceBased Health, LLC's Time to Respond to Plaintiff's Complaint by Defendants SBH Holdings LLC, SBH Holdings LLC, ScienceBased Health LLC. (Hatchell, Eric) |
| Filing 4 Corporate Disclosure Statement by Defendant ScienceBased Health LLC. (Mette, Bryan) Modified on 10/25/2022. (lak) |
| Filing 3 Corporate Disclosure Statement by Defendants SBH Holdings LLC. (Mette, Bryan) Modified on 10/25/2022. (lak) |
| Filing 2 Corporate Disclosure Statement by Defendant SBH Holdings LLC. (Mette, Bryan) Modified on 10/25/2022. (lak) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) |
| Standard attachments for Judge James D. Peterson required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (lak) |
| Filing 1 NOTICE OF REMOVAL from Dane County Circuit Court, case number 2022-cv-002388. ( Filing fee $ 402 receipt number AWIWDC-3144333), filed by SBH Holdings LLC, ScienceBased Health LLC. (Attachments: #1 Exhibit Exhibit A - Notice of Service of Process; Summons; Complaint; Notice of Appearance (Hatchell); Notice of Appearance (Mette), #2 Exhibit Exhibit B - JS-44 Civil Cover Sheet w/ attachment) (Mette, Bryan) |
| Action Requested: Counsel to promptly file case initiating documents. (lak) |
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