This case was last updated from U.S. District Courts on 10/05/2021 at 08:15:14 (UTC).

Betts-Hutchins v. New Private Restaurant Properties, LLC et al

Case Summary

On 08/06/2021 Betts-Hutchins filed a Personal Injury - Other Personal Injury lawsuit against New Private Restaurant Properties, LLC. This case was filed in U.S. District Courts, Illinois Southern District. The Judge overseeing this case is Nancy J. Rosenstengel. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00895

  • Filing Date:

    08/06/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Nancy J. Rosenstengel

 

Party Details

Plaintiff

Valarie Betts-Hutchins

Belleville, IL 62220

Defendants

New Private Restaurant Properties, LLC

Outback Steakhouse of Florida, LLC

Attorney/Law Firm Details

Plaintiff Attorney

Derek J. Siegel

Attorney at Kuehn, Beasley & Young, P.C.

23 South 1St Street

Belleville, IL 62220

Defendant Attorneys

Chad J. Layton

Attorney at Segal McCambridge Singer & Mahoney

233 South Wacker Drive, Suite 5500

Chicago, IL 60606

Roman E. Solowski

Attorney at Segal McCambridge Singer & Mahoney

233 South Wacker Drive, Suite 5500

Chicago, IL 60606

 

Court Documents

#1

1 #1

Exhibit A - State Court Complaint

1 #2

Exhibit B- Affidavit of Corporate Representative

1 #3

Exhibit C - Affidavit of Service on Outback

1 #4

Exhibit D - Affidavit of Service on NPRP

#2

#3

#6

#7

#8

#13

#14

#15

#16

#18

4 More Documents Available

 

Docket Entries

  • 08/24/2021
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  • Docket(#18) SUPPLEMENT by New Private Restaurant Properties, LLC, Outback Steakhouse of Florida, LLC. (Amended Supplemental Statement of Citizenship). (Solowski, Roman) (Entered: 08/24/2021)

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  • 08/23/2021
  • Docket(#17) ORDER REGARDING JURISDICTION: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. See Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) ("It is the responsibility of a court to make an independent evaluation of whether subject matter jurisdiction exists in every case."). Defendants removed this action to this Court asserting that this Court has diversity jurisdiction over the action pursuant to 28 U.S.C. 1332. Defendants, however, have failed to properly allege the citizenship of New Private Restaurant Properties, LLC and Outback Steakhouse of Florida LLC in their Notice of Removal. The law of this Circuit plainly provides that a limited liability corporation's citizenship depends on the citizenship of each of its members. Defendants supplemental statement refers to OSI HoldCo, Inc., OSI HoldCo I, Inc., OSI HoldCo II, Inc., and Bloomin Brands, Inc., as Delaware limited liability companies, with their principal place of business in Florida. Defendants are ORDERED, on or before Wednesday, August 25, 2021, to provide the Court with a supplemental statement clarifying that these entities are corporations, and not limited liability companies. Signed by Chief Judge Nancy J. Rosenstengel on 8/23/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/23/2021)

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  • 08/23/2021
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  • Docket(#16) Answer and Affirmative Defenses ANSWER to Complaint by New Private Restaurant Properties, LLC.(Solowski, Roman) (Entered: 08/23/2021)

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  • 08/23/2021
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  • Docket(#15) Answer and Affirmative Defenses ANSWER to Complaint by Outback Steakhouse of Florida, LLC.(Solowski, Roman) (Entered: 08/23/2021)

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  • 08/19/2021
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  • Docket(#14) Corporate Disclosure Statement by New Private Restaurant Properties, LLC, Outback Steakhouse of Florida, LLC identifying Corporate Parent Bloomin' Brands, Inc. for New Private Restaurant Properties, LLC, Outback Steakhouse of Florida, LLC. (Solowski, Roman) (Entered: 08/19/2021)

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  • 08/19/2021
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  • Docket(#13) SUPPLEMENT by New Private Restaurant Properties, LLC, Outback Steakhouse of Florida, LLC. (Supplemental Statement of Citizenship). (Solowski, Roman) (Entered: 08/19/2021)

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  • 08/16/2021
  • DocketSet/Reset Deadlines: Action due by 8/19/2021. (clt) (Entered: 08/16/2021)

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  • 08/16/2021
  • Docket(#12) ORDER: A review of the record in this case indicates that Defendants have not filed their Federal Rule of Civil Procedure 7.1 disclosure statement. Thus, the Court ALLOWS Defendants, up to and including August 19, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 8/16/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/16/2021)

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  • 08/16/2021
  • Docket(#11) ORDER REGARDING JURISDICTION: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. See Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) ("It is the responsibility of a court to make an independent evaluation of whether subject matter jurisdiction exists in every case."). Defendants removed this action to this Court asserting that this Court has diversity jurisdiction over the action pursuant to 28 U.S.C. 1332. Defendants, however, have failed to properly allege the citizenship of New Private Restaurant Properties, LLC and Outback Steakhouse of Florida LLC in their Notice of Removal. The law of this Circuit plainly provides that a limited liability corporation's citizenship depends on the citizenship of each of its members. See, e.g., Copeland v. Penske Logistics, LLC, 675 F.3d 1040, 1043 (7th Cir. 2012) ("a limited liability company's citizenship includes every state of which any unit holder is a citizen"); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007) (a pleading must identify each member of the LLC and the citizenship of each of those members). Accordingly, Defendants are ORDERED, on or before Thursday, August 19, 2021, to provide the Court with a supplemental statement indicating the proper citizenship of New Private Restaurant Properties, LLC and Outback Steakhouse of Florida LLC. Signed by Chief Judge Nancy J. Rosenstengel on 8/16/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/16/2021)

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  • 08/16/2021
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  • Docket(#10) ORDER GRANTING MOTION for Extension of Time to File Answer (Uncontested Motion) by New Private Restaurant Properties, LLC, Outback Steakhouse of Florida, LLC (Doc. #7 ). Defendants' have until August 23, 2021 to file their response to Valarie Betts-Hutchins complaint. Signed by Chief Judge Nancy J. Rosenstengel on 8/16/2021. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/16/2021)

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  • 08/13/2021
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  • Docket(#9) NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #8 Motion for Extension of Time to File Answer filed by Outback Steakhouse of Florida, LLC, New Private Restaurant Properties, LLC. Document is duplicative of the Motion filed at Doc. 7. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/13/2021)

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  • 08/12/2021
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  • Docket(#8) STRICKEN. MOTION for Extension of Time to File Answer (Uncontested Motion) by New Private Restaurant Properties, LLC, Outback Steakhouse of Florida, LLC. (Solowski, Roman) Modified on 8/13/2021 (clt). (Entered: 08/12/2021)

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  • 08/12/2021
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  • Docket(#7) MOTION for Extension of Time to File Answer (Uncontested Motion) by New Private Restaurant Properties, LLC, Outback Steakhouse of Florida, LLC. (Solowski, Roman) (Entered: 08/12/2021)

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  • 08/09/2021
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  • Docket(#6) NOTICE of Appearance by Roman E. Solowski on behalf of New Private Restaurant Properties, LLC, Outback Steakhouse of Florida, LLC (Solowski, Roman) (Entered: 08/09/2021)

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  • 08/09/2021
  • Docket(#5) Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel assigned. All future documents must bear case number 3:21-cv-00895-NJR. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (clt) (Entered: 08/09/2021)

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  • 08/09/2021
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  • Docket(#4) NOTICE OF MODIFICATION re #2 Notice of Removal filed by Outback Steakhouse of Florida, LLC, New Private Restaurant Properties, LLC. Incorrect event selected. Select the event that most closely matches the document being filed. For this document, the correct event is "Exhibit" under the heading "Other Filings/ Other Documents". Docket text modified to reflect the correct document. No further action required by the filer. Re: #3 Notice of Appearance filed by Outback Steakhouse of Florida, LLC, New Private Restaurant Properties, LLC. Notice of Appearance is a fillable document. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF. No further action is required by the filer in relation to this notification. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/09/2021)

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  • 08/06/2021
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  • Docket(#3) NOTICE of Appearance by Chad J. Layton on behalf of New Private Restaurant Properties, LLC, Outback Steakhouse of Florida, LLC (Layton, Chad) (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#2) EXHIBIT -Civil Cover Sheet #1 NOTICE OF REMOVAL from St. Clair County Circuit Court, case number 2021- L-0278 filed by All Defendants.(Layton, Chad) Modified on 8/9/2021 (clt). (Entered: 08/06/2021)

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  • 08/06/2021
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  • Docket(#1) NOTICE OF REMOVAL from St. Clair County Circuit Court, case number 2021- L-0278 ( Filing fee $ 402 receipt number 0754-4544637), filed by Outback Steakhouse of Florida, LLC, New Private Restaurant Properties, LLC. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B- Affidavit of Corporate Representative, #3 Exhibit C - Affidavit of Service on Outback, #4 Exhibit D - Affidavit of Service on NPRP)(Layton, Chad) (Entered: 08/06/2021)

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