Jewel Sanitary Napkins LLC v. Busy Beaver Publications, LLC
| Jewel Sanitary Napkins LLC |
| Busy Beaver Publications, LLC |
| 3:2023cv00126 |
| February 23, 2023 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel,Assault,Slander |
| Both |
Docket Report
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| Document Text |
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| Filing 19 Response Stating No Opposition by Defendant Busy Beaver Publications, LLC re: #17 Motion to Reschedule Hearing filed by Jewel Sanitary Napkins LLC (Rome, Erin) |
Filing 18
** TEXT ONLY ORDER **ORDER granting #17 Motion to Reschedule Hearing Telephone Pretrial Conference set for 5/30/2023 at 01:00 PM. Signed by Magistrate Judge Stephen L. Crocker on 4/7/2023. (voc)
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| Filing 17 Motion to Reschedule Telephone Pretrial Conference by Plaintiff Jewel Sanitary Napkins LLC. Response due 4/14/2023. (Attachments: #1 Exhibit A - Notice of Leave of Absence) (Hyland, Amanda) |
| Filing 16 ANSWER to Amended Complaint by Defendant Busy Beaver Publications, LLC. (Rome, Erin) |
| Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 5/18/2023 at 01:00 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] (voc) |
| Filing 15 Notice by Plaintiff Jewel Sanitary Napkins LLC regarding Citizenship of LLC members. (Hyland, Amanda) |
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Filing 14
** TEXT ONLY ORDER ** In response to this court's order directing plaintiff to specify the citizenship of the members of the parties, plaintiff filed an amended complaint. Dkt. #11 . Plaintiff has alleged that defendant has one member, Stephen Sturycz, who is a citizen of Wisconsin. But with respect the citizenship of plaintiff, plaintiff broadly alleges only that its "members are citizens of Georgia" without identifying any members by name. This is insufficient. See Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) ("an LLC's jurisdictional statement must identify the citizenship of each of its members as of the date the complaint or notice of removal was filed, and, if those members have members, the citizenship of those members as well."); Guar. Nat'l Title Co. v. J.E.G. Assocs., 101 F.3d 57, 59 (7th Cir. 1996) (explaining that the court would "need to know the name and citizenship(s)" of each partner for diversity jurisdiction purposes). Accordingly, IT IS ORDERED that not later than April 14, 2023, plaintiff must file a supplemental jurisdictional statement that properly alleges the citizenship of plaintiff Jewel Sanitary Napkins, LLC, by advising the court of the identity and citizenship of each of its members. Signed by Magistrate Judge Stephen L. Crocker on 4/3/2023. (voc)
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| Filing 13 Notice by Plaintiff Jewel Sanitary Napkins LLC for Leave of Absence of Amanda Hyland for the period of April 10, 2023 - April 16, 2023; May 15, 2023 - May 23, 2023. (Hyland, Amanda) |
| Filing 12 Corporate Disclosure Statement by Defendant Busy Beaver Publications, LLC. (Dettmann, Cathleen) |
| Filing 11 AMENDED COMPLAINT against Busy Beaver Publications, LLC, filed by Jewel Sanitary Napkins LLC. (Attachments: #1 Exhibit A - Q&A by Anthony Nielsen, #2 Exhibit B - Q&A by Patricia Marsh, M.D., #3 Exhibit C - September 16, 2022 Letter, #4 Exhibit D - September 27, 2022 Letter) (Hyland, Amanda) |
| Filing 10 Notice of Appearance filed by Erin Rome for Defendant Busy Beaver Publications, LLC. (Rome, Erin) |
| Filing 9 Notice of Appearance filed by Cathleen A. Dettmann for Defendant Busy Beaver Publications, LLC. (Dettmann, Cathleen) |
| Filing 8 Affidavit of Service. Busy Beaver Publications, LLC served on 3/3/2023, answer due 3/24/2023. (Hyland, Amanda) Modified on 3/6/2023. (lak) |
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Filing 7
** TEXT ONLY ORDER **Plaintiff has filed a complaint against defendant for libel and trade libel, relying on 28 U.S.C. 1332(a) as the basis for jurisdiction. But plaintiff hasn't identified the citizenship of both parties, which is required to establish jurisdiction under 1332. Both parties are limited liability companies, but plaintiff hasn't identified any members or their citizenship, which is required to establish citizenship. See Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998) (citizenship of partnership is the citizenship of the partners). Plaintiff may have until March 20, 2023, to file an amended complaint or supplemental materials establishing the diversity of plaintiff's and defendant's citizenship. If plaintiff fails to respond by then, then the court will dismiss the case for lack of jurisdiction. Signed by Magistrate Judge Stephen L. Crocker on 3/6/2023. (lam) Modified on 3/20/2023 (jat).
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Filing 6
** TEXT ONLY ORDER **ORDER granting #4 Motion to Admit Amanda G. Hyland Pro Hac Vice; granting #5 Motion to Admit Falkner N. Werkhaven Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 3/2/2023. (lak)
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| Filing 5 Motion to Admit Falkner Nelson Werkhaven Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3206676.) by Plaintiff Jewel Sanitary Napkins LLC. (Werkhaven, Falkner) |
| Filing 4 Motion to Admit Amanda Groover Hyland Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3206661.) by Plaintiff Jewel Sanitary Napkins LLC. (Hyland, Amanda) |
| Filing 3 Corporate Disclosure Statement by Plaintiff Jewel Sanitary Napkins LLC. (Sanders, Robert) |
| Filing 2 Summons Issued as to Busy Beaver Publications, LLC. (lak) |
| Filing 1 COMPLAINT against Busy Beaver Publications, LLC. ( Filing fee $ 402 receipt number AWIWDC-3202762.), filed by Jewel Sanitary Napkins LLC. (Attachments: #1 Exhibit A - Q&A by Anthony Nielsen, #2 Exhibit B - Q&A by Patricia Marsh, MD, #3 Exhibit C - September 16, 2022 Letter, #4 Exhibit D - September 27, 2022 Letter, #5 JS-44 Civil Cover Sheet, #6 Summons) (Sanders, Robert) |
| Case randomly assigned to Magistrate Judge Stephen L. Crocker. (lak) |
| 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. (lak) |
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