Opinion
No. 04 C 2420
May 7, 2004
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. This memorandum order is issued sua sponte for just two purposes:
Fransen's counsel cannot be faulted for that "almost" qualifier, for it stems from the understandable lack of information reflected in FAC ¶ 5:
WPS Investments is a limited liability company organized under the laws of the State of Wisconsin. Upon information and belief, the member(s) of WPS Investments are not citizens of the State of Minnesota. Upon information and belief, the member(s) of WPS are citizens of the State of Wisconsin.
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 ¶ 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.