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FRANSEN DECORATING, INC. v. GUARDIAN PIPELINE

United States District Court, N.D. Illinois


May 7, 2004.

FRANSEN DECORATING, INC., Plaintiff,
v.
GUARDIAN PIPELINE, L.L.C., et al., Defendants

The opinion of the court was delivered by: MILTON SHADUR, Senior District Judge

MEMORANDUM ORDER

Immediately on receipt of the Judge's copy of the "Complaint for Foreclose [sic] of Mechanics Lien and Other Relief" that had been filed by Fransen Decorating, Inc. ("Fransen"), this Court issued its April 5, 2004 memorandum order ("Order") that (1) identified several flaws in Fransen's attempted invocation of diversity of citizenship as the predicate for bringing suit in this federal court and (2) set an initial status hearing date of April 14 so that Fransen's counsel might then "advise this Court as to the intended future (if any) of this action in this District Court." Fransen's counsel has instead filed its First Amended Complaint ("FAC") that seeks to cure the jurisdictional defects identified by the Order.

That course of action is entirely sensible, for the FAC has made a good faith and almost entirely successful attempt to plug all of the jurisdictional holes.*fn1 This memorandum order is issued sua sponte for just two purposes:

1. It reconfirms that the previously scheduled status hearing date of 9 a.m. June 29, 2004 remains in effect.
2. It is hoped that promptly after counsel for co-defendant Guardian Pipeline, L.L.C. ("Guardian") appears in the case, counsel will ascertain the identity of the members of WPS Investments, LLC (according to FAC ΒΆ 2, one of Guardian's three members) to determine whether the requisite diversity does exist. If it appears that it does not, Guardian's counsel should promptly apprise Fransen's counsel and this Court of that fact. If the requisite diversity does exist, however, it will suffice to confirm that during the June 29 status hearing.


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