This case was last updated from U.S. District Courts on 12/08/2019 at 07:52:35 (UTC).

Burlinski et al v. Top Golf USA Inc. et al

Case Summary

On 10/09/2019 Burlinski filed a Personal Injury - Other Personal Injury lawsuit against Top Golf USA Inc. This case was filed in U.S. District Courts, Illinois Northern District. The Judge overseeing this case is Edmond E. Chang. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:19-CV-06700

  • Filing Date:

    10/09/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

Judge Details

Presiding Judge

Edmond E. Chang

 

Party Details

Plaintiffs

Matthew Miller

Thomas Burlinski

Defendants

Top Golf USA Inc.

TopGolf USA Naperville, LLC

TopGolf USA Salt Creek, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

John C Kunze

Attorney at The Fish Law Firm

200 E. 5Th Ave, Suite 123

Naperville, IL 60563

David J. Fish

Attorney at The Fish Law Firm, P.C.

200 E. Fifth Ave., Suite 123

Naperville, IL 60563

Zachary Cole Flowerree

Attorney at Werman Salas P.C.

77 W. Washington Street, Suite 1402

Chicago, IL 60602

Maureen Ann Salas

Attorney at Werman Salas P.C.

77 W. Washington, Suite 1402

Chicago, IL 60602

Kimberly A. Hilton

Attorney at The Fish Law Firm, P.C.

200 East 5Th Avenue, Suite 123

Naperville, IL 60563

Douglas M. Werman

77 West Washington, Suite 1402

Chicago, IL 60602

Defendant Attorneys

Anne E. Larson

Attorney at Ogletree, Deakins, Nash, Smoak & Stewart

155 North Wacker, Suite 4300

Chicago, IL 60606

Michael Vincent Furlong

Attorney at Ogletree Deakins Nash Smoak & Stewart, P.C.

155 North Wacker Drive, Suite 4500

Chicago, IL 60606

 

Court Documents

27 #2

Exhibit A1

27 #1

Exhibit A

#27

(#27) RESPONSE by Top Golf USA Inc., TopGolf USA Naperville, LLC, TopGolf USA Salt Creek, LLCin Opposition to MOTION by Plaintiffs Thomas Burlinski, Matthew Miller to remand #21 (Attachments: #1 Exhibit A, #2 Exhibit A1)(Larson, Anne) (Entered: 11/27/2019)

26 #1

Exhibit 1-17

#26

(#26) RESPONSE by Plaintiffs Thomas Burlinski, Matthew Miller to Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiffs' Second Amended Complaint (Attachments: #1 Exhibit 1-17)(Flowerree, Zachary) (Entered: 11/25/2019)

#25

(#25) MINUTE entry before the Honorable Edmond E. Chang: As a follow-up to the jurisdictional dispute, the Court orders that Defendants' response shall address the following jurisdictional inquiry, in addition to the other issues raised in Plaintiffs' motion. The notice of removal relies on diversity jurisdiction. An LLC's citizenship for purposes of diversity jurisdiction is the citizenship of each of the LLC's member shareholders. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). The notice of removal alleges that one of the Defendants, TopGolf USA Naperville, LLC, has only one memberTG Holdings I, LLC. Because TG Holdings I, LLC is also an LLC, Defendants must identify the citizenship of those members as well. The notice of removal has alleged as a general matter that all of the managers of TG Holdings I, LLC are domiciled in Texas. R. 1, paragraph 11. For the sake of completeness, the Court orders Defendants to file a Jurisdictional Memorandum settin forth the specific identities and citizenship of each member of TG Holdings I, LLC. Emailed notice (slb, ) (Entered: 11/06/2019)

#24

(#24) MINUTE entry before the Honorable Edmond E. Chang:On Plaintiffs' motion #21 to remand to state court, Defendants' response is due by 11/27/2019. Plaintiffs' reply is due by 12/11/2019. Of course the subject matter jurisdiction issue must be addressed before the dismissal motion. But the dismissal-motion briefing shall proceed, because it appears that the parties would need to eventually address that motion even in state court (if that assumption is wrong, then either side or both may file a motion explaining why and asking for vacatur of the dismissal-motion briefing). Emailed notice (slb, ) (Entered: 11/06/2019)

#23

(#23) NOTICE of Motion by Zachary Cole Flowerree for presentment of motion to remand #21 before Honorable Edmond E. Chang on 11/12/2019 at 08:30 AM. (Flowerree, Zachary) (Entered: 11/01/2019)

#21

(#21) MOTION by Plaintiffs Thomas Burlinski, Matthew Miller to remand (Flowerree, Zachary) (Entered: 11/01/2019)

#7

(#7) MAILED Notice of Removal letter to counsel of record. (aee, ) (Entered: 10/10/2019)

#6

(#6) NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (aee, ) (Entered: 10/10/2019)

#5

(#5) AMENDED notice of removal, #1 (Exhibit B to Notice of Removal) (Furlong, Michael) (Entered: 10/09/2019)

#4

(#4) ATTORNEY Appearance for Defendants Top Golf USA Inc., TopGolf USA Naperville, LLC, TopGolf USA Salt Creek, LLC by Anne E. Larson (Larson, Anne) (Entered: 10/09/2019)

#3

(#3) ATTORNEY Appearance for Defendants Top Golf USA Inc., TopGolf USA Naperville, LLC, TopGolf USA Salt Creek, LLC by Michael Vincent Furlong (Furlong, Michael) (Entered: 10/09/2019)

#2

(#2) CIVIL Cover Sheet (Furlong, Michael) (Entered: 10/09/2019)

1 #2

Exhibit B

1 #1

Exhibit A

#1

(#5) AMENDED notice of removal, #1 (Exhibit B to Notice of Removal) (Furlong, Michael) (Entered: 10/09/2019)

25 More Documents Available

 

Docket Entries

  • 11/27/2019
  • View Court Documents
  • (#27) RESPONSE by Top Golf USA Inc., TopGolf USA Naperville, LLC, TopGolf USA Salt Creek, LLCin Opposition to MOTION by Plaintiffs Thomas Burlinski, Matthew Miller to remand #21 (Attachments: #1 Exhibit A, #2 Exhibit A1)(Larson, Anne) (Entered: 11/27/2019)

    Read MoreRead Less
  • 11/25/2019
  • View Court Documents
  • (#26) RESPONSE by Plaintiffs Thomas Burlinski, Matthew Miller to Defendants' Rule 12(b)(6) Motion to Dismiss Plaintiffs' Second Amended Complaint (Attachments: #1 Exhibit 1-17)(Flowerree, Zachary) (Entered: 11/25/2019)

    Read MoreRead Less
  • 11/06/2019
  • View Court Documents
  • (#25) MINUTE entry before the Honorable Edmond E. Chang: As a follow-up to the jurisdictional dispute, the Court orders that Defendants' response shall address the following jurisdictional inquiry, in addition to the other issues raised in Plaintiffs' motion. The notice of removal relies on diversity jurisdiction. An LLC's citizenship for purposes of diversity jurisdiction is the citizenship of each of the LLC's member shareholders. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). The notice of removal alleges that one of the Defendants, TopGolf USA Naperville, LLC, has only one memberTG Holdings I, LLC. Because TG Holdings I, LLC is also an LLC, Defendants must identify the citizenship of those members as well. The notice of removal has alleged as a general matter that all of the managers of TG Holdings I, LLC are domiciled in Texas. R. 1, paragraph 11. For the sake of completeness, the Court orders Defendants to file a Jurisdictional Memorandum settin forth the specific identities and citizenship of each member of TG Holdings I, LLC. Emailed notice (slb, ) (Entered: 11/06/2019)

    Read MoreRead Less
  • 11/06/2019
  • View Court Documents
  • (#24) MINUTE entry before the Honorable Edmond E. Chang:On Plaintiffs' motion #21 to remand to state court, Defendants' response is due by 11/27/2019. Plaintiffs' reply is due by 12/11/2019. Of course the subject matter jurisdiction issue must be addressed before the dismissal motion. But the dismissal-motion briefing shall proceed, because it appears that the parties would need to eventually address that motion even in state court (if that assumption is wrong, then either side or both may file a motion explaining why and asking for vacatur of the dismissal-motion briefing). Emailed notice (slb, ) (Entered: 11/06/2019)

    Read MoreRead Less
  • 11/01/2019
  • View Court Documents
  • (#23) NOTICE of Motion by Zachary Cole Flowerree for presentment of motion to remand #21 before Honorable Edmond E. Chang on 11/12/2019 at 08:30 AM. (Flowerree, Zachary) (Entered: 11/01/2019)

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  • 11/01/2019
  • View Court Documents
  • (#22) MEMORANDUM by Thomas Burlinski, Matthew Miller in support of motion to remand #21 (Flowerree, Zachary) (Entered: 11/01/2019)

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  • 11/01/2019
  • View Court Documents
  • (#21) MOTION by Plaintiffs Thomas Burlinski, Matthew Miller to remand (Flowerree, Zachary) (Entered: 11/01/2019)

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  • 10/31/2019
  • View Court Documents
  • (#20) MEMORANDUM by Top Golf USA Inc., TopGolf USA Naperville, LLC, TopGolf USA Salt Creek, LLC in support of Motion to Dismiss for Failure to State a Claim #19 (Furlong, Michael) (Entered: 10/31/2019)

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  • 10/31/2019
  • View Court Documents
  • (#19) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Top Golf USA Inc., TopGolf USA Naperville, LLC, TopGolf USA Salt Creek, LLC (Furlong, Michael) (Entered: 10/31/2019)

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  • 10/30/2019
  • View Court Documents
  • (#18) MINUTE entry before the Honorable Edmond E. Chang:On Defendants' anticipated motion to dismiss, due to be filed on 10/31/2019, Plaintiffs' response is due by 11/25/2019 and may use 20 pages. Defendants' reply is due by 12/09/2019. Status hearing of 11/01/2019 is reset to 01/07/2020 at 9:30 a.m. Pursuant to the MID Standing Order, and agreed by the parties as stated in the joint status report, discovery is stayed, including MID disclosures. Emailed notice (slb, ) (Entered: 10/30/2019)

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8 More Docket Entries
  • 10/11/2019
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  • (#9) ATTORNEY Appearance for Plaintiffs Thomas Burlinski, Matthew Miller by Maureen Ann Salas (Salas, Maureen) (Entered: 10/11/2019)

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  • 10/11/2019
  • View Court Documents
  • (#8) ATTORNEY Appearance for Plaintiffs Thomas Burlinski, Matthew Miller by Douglas M. Werman (Werman, Douglas) (Entered: 10/11/2019)

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  • 10/10/2019
  • View Court Documents
  • (#7) MAILED Notice of Removal letter to counsel of record. (aee, ) (Entered: 10/10/2019)

    Read MoreRead Less
  • 10/10/2019
  • View Court Documents
  • (#6) NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (aee, ) (Entered: 10/10/2019)

    Read MoreRead Less
  • 10/10/2019
  • CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (axc, ) (Entered: 10/10/2019)

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  • 10/09/2019
  • View Court Documents
  • (#5) AMENDED notice of removal, #1 (Exhibit B to Notice of Removal) (Furlong, Michael) (Entered: 10/09/2019)

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  • 10/09/2019
  • View Court Documents
  • (#4) ATTORNEY Appearance for Defendants Top Golf USA Inc., TopGolf USA Naperville, LLC, TopGolf USA Salt Creek, LLC by Anne E. Larson (Larson, Anne) (Entered: 10/09/2019)

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  • 10/09/2019
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  • (#3) ATTORNEY Appearance for Defendants Top Golf USA Inc., TopGolf USA Naperville, LLC, TopGolf USA Salt Creek, LLC by Michael Vincent Furlong (Furlong, Michael) (Entered: 10/09/2019)

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  • 10/09/2019
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  • (#2) CIVIL Cover Sheet (Furlong, Michael) (Entered: 10/09/2019)

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  • 10/09/2019
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  • (#1) NOTICE of Removal from DuPage County, Illinois, case number (2019L000263) filed by Top Golf USA Inc., TopGolf USA Naperville, LLC, TopGolf USA Salt Creek, LLC Filing fee $ 400, receipt number 0752-16323947. (Attachments: #1 Exhibit A, #2 Exhibit B)(Furlong, Michael) (Entered: 10/09/2019)

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