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Host Hotels & Resorts Inc.
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Filed: June 04, 2024 | Entered: June 04, 2024 Mee et al v. HMC Chicago Lakefront LLC d/b/a Chicago Lakeside Embassy Suites Hotel a/k/a Embassy Suites By Hilton Chicago Downtown Magnificent Mile et al
365 Personal Inj. Prod. Liability | Illinois Northern
Remand
REMAND with certified copy of order 26 dated 6/4/2024 and letter to Circuit Court of Cook County via email. (ph, ) (Entered: 06/04/2024)
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Order | Filed: June 04, 2024 | Entered: June 04, 2024 Mee et al v. HMC Chicago Lakefront LLC d/b/a Chicago Lakeside Embassy Suites Hotel a/k/a Embassy Suites By Hilton Chicago Downtown Magnificent Mile et al
365 Personal Inj. Prod. Liability | Illinois Northern
Order
ORDER: Plaintiff's motion to remand, 9 , is granted in part (with respect to remand) and continued in part (with respect to attorney's fees and costs). The case is remanded under 28 U.S.C. § 1447(c) to the Circuit Court of Cook County for lack of subject matter jurisdiction. Defendant Nichelson failed to establish diversity jurisdiction in his jurisdictional statement. 23 . First, Nichelson fails to trace the membership of each LLC defendant. "For diversity jurisdiction purposes, the citizenship of an LLC is the citizenship of each of its members." Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Nichelson's jurisdictional statement, 23 , states that the sole member of CCES Chicago, LLC is HMT Lessee Sub IV LLC, id. 8, whose sole member is Rockledge HMT LLC, id. 9, but it does not list the membership of Rockledge HMT LLC. Second, the jurisdictional statement says that "[t]he general partner of Host LP is Host Hotels and Resorts Inc.," id. 6, but it does not list all the partners or allege that Host LP is the only partner. As the court made clear in its previous minute entry, 22 , "a limited partnership has the citizenships of each partner, general and limited." Guar. Nat. Title Co. v. J.E.G. Assocs., 101 F.3d 57, 58 (7th Cir. 1996). Finally, even if complete diversity was established, removal based on diversity jurisdiction is not allowed under 28 U.S.C. § 1441(b)(2) if any of the defendants are citizens of the forum state, which is the case here because Nichelson is a citizen of Illinois. 23 3. The Clerk of Court is directed immediately to transmit a certified copy of the accompanying order of remand to the Clerk of the state court. If plaintiff wishes to proceed with his request for attorney's fees under 28 U.S.C. § 1447(c), plaintiff may file a petition for fees and costs. The briefing schedule is set as follows: petition due: 7/31/2024; response due: 8/30/2024; reply, if any, due: 9/13/2024. Civil case terminated. Signed by the Honorable Martha M. Pacold on June 4, 2024. Mailed notice (ph, ) (Entered: 06/04/2024)
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Order | Filed: May 28, 2024 | Entered: May 28, 2024 Gomes - Braga v. Omnibuild Construction Inc. et al
P.I.: Other | New York Southern
Memo Endorsement ~Util - Set Deadlines/Hearings
MEMO ENDORSEMENT on re: 101 Status Report filed by Omnibuild Construction Inc. ENDORSEMENT: Application GRANTED. The in-person conference scheduled for June 11, 2024 will now take place on July 1, 2024, at 12:00 p.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. No later than June 27, 2024, the parties must submit a joint letter informing the Court of the outcome of the mediation held on June 24, 2024, and the status of defendants' request for leaveto file a second third-party complaint. SO ORDERED. ( Status Conference set for 7/1/2024 at 12:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 5/28/2024) (rro)
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