The Probst Group, LLC v. Colony Insurance Company
| The Probst Group, LLC |
| Colony Insurance Company |
| 3:2023cv00765 |
| November 2, 2023 |
| US District Court for the Western District of Wisconsin |
| Stephen L Crocker |
| James D Peterson |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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| Document Text |
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| Filing 15 AMENDED COMPLAINT against Colony Insurance Company, filed by The Probst Group, LLC. (Sibley, Zachariah) |
Filing 14
Pretrial Conference Order - # Preliminary Pretrial Packet in cases assigned to District Judge James D. Peterson attached. Amendments to Pleadings due 12/29/2023. Dispositive Motions due 6/10/2024. Settlement Letters due 12/13/2024. Rule 26(a)(3) Disclosures and Motions in Limine due 12/20/2024. Responses due 1/10/2025. Final Pretrial Conference set for 1/22/2025 at 02:30 PM. Second Final Pretrial Conference set for 1/29/2025 at 02:30 PM. Jury Selection and Trial set for 2/3/2025 at 09:00 AM. Signed by Magistrate Judge Stephen L. Crocker on 12/14/2023. (jls)
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| Filing 13 Corporate Disclosure Statement by Plaintiff The Probst Group, LLC. (Sibley, Zachariah) |
| Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone Preliminary Pretrial Conference held on 12/12/2023 [:10] (cak) |
| Filing 12 Joint Report of Rule 26(f) Planning Meeting (Broman, Stacy) |
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Filing 11
** TEXT ONLY ORDER ** The parties have filed a stipulation in response to this court's order asking for more information about whether the parties have diverse citizenship for the purpose of establishing subject matter jurisdiction under 28 U.S.C. 1332. See Dkt. #10 . The stipulation shows that plaintiff is a citizen of Wisconsin and defendant is a citizen of Illinois, so the court is satisfied that it may exercise jurisdiction over the case. Signed by District Judge James D. Peterson on 12/6/2023. (jls)
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| Filing 10 Joint Stipulation by Defendant Colony Insurance Company. (Broman, Stacy) |
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Filing 9
** TEXT ONLY ORDER **ORDER granting Motion to Admit Stephen A. Melendi Pro Hac Vice. Signed by Magistrate Judge Stephen L. Crocker on 11/19/2023. (lak)
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| Filing 8 Motion to Admit Stephen Andrew Melendi Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number AWIWDC-3342789.) by Plaintiff The Probst Group, LLC. (Melendi, Stephen) |
| Filing 7 Notice of Appearance filed by Charles James Louis Jaskolski, II for Defendant Colony Insurance Company. (Jaskolski, Charles) |
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Filing 6
** TEXT ONLY ORDER ** Defendant removed this case from state court based on 28 U.S.C. 1332, but defendant's notice of removal doesn't show diversity of citizenship as required by that statute. Defendant's notice states that plaintiff is organized under Wisconsin law and that its principal place of business is in Wisconsin. But defendant is a limited liability company, which means that its citizenship is determined by the citizenship of its members, not by where it is registered or the location of its principal place of business. See Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). The notice of removal says nothing about plaintiff's members or their citizenship. Defendant may have until December 7, 2023, to submit evidence establishing plaintiff's citizenship. If defendant fails to respond by then, the court will dismiss the case for lack of jurisdiction. The court expects plaintiff to cooperate in the effort to establish its citizenship, and the parties may file a stipulation on jurisdiction, so long as the stipulation lays out all the relevant facts about the citizenship of the parties. Prizevoits v. Indiana Bell Telephone Co., 76 F.3d 132, 134 (7th Cir. 1996). Signed by District Judge James D. Peterson on 11/15/2023. (rks)
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| Filing 5 Record from Circuit Court of Dane County. (Attachments: #1 Case file, #2 Envelope) (jef) (ps) |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 12/12/2023 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] (rks) |
| Filing 4 Notice of Appearance filed by Zachariah Joseph Sibley for Plaintiff The Probst Group, LLC. (Sibley, Zachariah) |
| Filing 3 ANSWER by Defendant Colony Insurance Company. (Broman, Stacy) |
| Filing 2 Corporate Disclosure Statement by Defendant Colony Insurance Company. (Broman, Stacy) |
| Filing 1 NOTICE OF REMOVAL from Dane County Circuit Court, case number 2023CV002488. ( Filing fee $ 402 receipt number AWIWDC-3330649), filed by Colony Insurance Company. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice to the Clerk of Dane County, #3 JS-44 Civil Cover Sheet) (Broman, Stacy) |
| Case randomly assigned to District Judge James D. Peterson and Magistrate Judge Stephen L. Crocker. (lak) |
| Standard attachments for Judge James D. Peterson: # NORTC, #Corporate Disclosure Statement. (lak) |
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