Plover WI Holdings, LLC v. Jo-Ann Stores, LLC et al
| Plover WI Holdings, LLC |
| Jo-Ann Stores, LLC and Jo-Ann Fabric and Crafts |
| 3:2024cv00059 |
| January 24, 2024 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Rent Lease & Ejectment |
| 28 U.S.C. ยง 1332 Diversity-Account Receivable |
| None |
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This docket was last retrieved on February 29, 2024. A more recent docket listing may be available from PACER.
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Filing 12
** TEXT ONLY ORDER **ORDER accepting #11 Stipulation of Dismissal with prejudice and without costs. Signed by District Judge William M. Conley on 2/29/2024. (jls)
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| Filing 11 STIPULATION of Dismissal (Attachments: #1 Text of Proposed Order for Dismissal) (Carr, David) |
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Filing 10
** TEXT ONLY ORDER ** The parties' request to postpone the telephonic pretrial conference (dkt. #9 ) is GRANTED. The conference is moved to April 3, 2024 at 1:30 p.m. Signed by Magistrate Judge Stephen L. Crocker on 2/21/2024. (rks)
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| Filing 9 Notice of Settlement by Defendants Jo-Ann Fabric and Crafts, Jo-Ann Stores, LLC (Carr, David) |
| Party Jo-Ann Fabric and Crafts is terminated pursuant to Fed. R. Civ. P. 15(a) without further order of the court. (rks) |
| Filing 8 Proposed Pretrial Order to Dismiss Jo-Ann Fabric and Crafts by Plaintiff Plover WI Holdings, LLC (Flinchum, Anne) |
| Filing 7 STIPULATION of Dismissal as to Jo-Ann Fabric and Crafts. (Flinchum, Anne) Modified on 2/15/2024. (lak) |
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Filing 6
** TEXT ONLY ORDER ** Invoking this court's diversity jurisdiction, defendants Jo-Ann Stores, LLC and Jo-Ann Fabric and Crafts have removed this action pursuant to 28 U.S.C. 1332, 1441, and 1446. (Dkt. #1 .) Defendants allege that diversity jurisdiction is present because, based on their state of incorporation and principal place of business, plaintiff Plover WI Holdings LLC is a citizen of both Wisconsin and New Jersey and defendant Jo-Ann Stores LLC is a citizen of Ohio. The notice of removal does not identify the citizenship of defendant Jo-Ann Fabric and Crafts, but plaintiff's complaint alleges that it is an affiliate of Jo-Ann Stores LLC and a citizen of Wisconsin. Defendants have not provided information sufficient to determine whether diversity jurisdiction actually exists. See Smart v. Local 702 Int'l Bhd. of Elec. Workers, 562 F.3d 798, 802-03 (7th Cir. 2009) (party seeking to invoke federal jurisdiction bears burden of establishing that jurisdiction is present). The citizenship of a limited liability company like Plover and Jo-Ann Stores 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 plaintiff or defendants are themselves LLCs, partnerships, or other similar entities, then the citizenship of those members and partners much be alleged as well. See id.; Meyerson v. Harrah's E. Chi. Casino, 299 F.3d 616, 617 (7th Cir. 2002) (per curiam). Accordingly, not later than February 15, 2024, defendants should file and serve an amended notice of removal containing good-faith allegations as to all three parties that are sufficient to establish complete diversity of citizenship. Signed by District Judge William M. Conley on 2/5/2024. (lam)
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| Filing 5 Notice of Appearance filed by Anne E. Flinchum for Plaintiff Plover WI Holdings, LLC. (Flinchum, Anne) |
| Action Request: Plaintiff is requested to file a Corporate Disclosure Statement. (lak) |
| Set Telephone Pretrial or Status Conference: Telephone Pretrial Conference set for 2/29/2024 at 01:30 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 Answer to Complaint (Notice of Removal) by Defendants Jo-Ann Fabric and Crafts, Jo-Ann Stores, LLC. (Carr, David) |
| Filing 3 Amended Document by Defendants Jo-Ann Fabric and Crafts, Jo-Ann Stores, LLC. Amendment to #1 Notice of Removal, Amended Exhibit A (Carr, David) |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (lak) |
| Standard attachments for Judge William M. Conley: # NORTC, #Corporate Disclosure Statement. (lak) |
| Filing 2 Corporate Disclosure Statement by Defendants Jo-Ann Fabric and Crafts, Jo-Ann Stores, LLC. (Carr, David) |
| Filing 1 NOTICE OF REMOVAL from Portage County Circuit Court, case number 23-CV-336. ( Filing fee $ 405 receipt number AWIWDC-3367586), filed by All Defendants. (Attachments: #1 JS-44 Civil Cover Sheet, #2 Exhibit A - State Court Service of Process Notification, Summons and Complaint, Exhibits) (Carr, David) Modified on 1/24/2024. (lak) |
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