Theis v. Flowers Baking Co. of Lenexa, LLC
3:25-cv-00697
S.D. Ill.Jul 1, 2025Background
- Plaintiff Susan Theis claims injury after tripping over a baking tray at a QuikTrip store in Granite City, Illinois, in June 2024.
- Theis sued QuikTrip and Flowers Baking Co. of Lenexa in Illinois state court in February 2025.
- Flowers Baking was served on March 24, 2025; QuikTrip was served the next day.
- QuikTrip (with alleged oral consent from Flowers Baking) filed a notice of removal to federal court on April 24, 2025, asserting diversity jurisdiction.
- Flowers Baking did not file written consent to removal within the mandatory 30-day period, instead submitting written consent six days after QuikTrip's notice and after the 30-day window had closed.
- Theis moved to remand, arguing this procedural defect required sending the case back to state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of removal consents | Flowers Baking’s written consent was untimely; all defendants must consent within 30 days | QuikTrip claimed Flowers Baking orally consented and later submitted written consent | Removal procedurally defective; remand required |
| Standard for grant/remand of removal | Strict construction; presumption in favor of remand | Removal sufficient as parties are diverse with required amount in controversy | Strict statutes; defect triggered remand |
| Sufficiency of invoking subject matter jurisdiction | Notice of removal insufficient, LLC citizenship not properly alleged | Asserted diversity between parties | Did not reach; procedural defect dispositive |
| Remedial step for notice of removal defect | No cure possible; untimely consent is incurable | Implicit or later consent should suffice | Remanded to State Court |
Key Cases Cited
- N. Ill. Gas Co. v. Airco Indus. Gases, 676 F.2d 270 (7th Cir. 1982) (timeliness for removal is strictly applied; defects are valid grounds for remand if timely objected)
- Copeland v. Penske Logistics, LLC, 675 F.3d 1040 (7th Cir. 2012) (citizenship for diversity jurisdiction differs for corporations and LLCs)
- Doe v. Allied-Signal, Inc., 985 F.2d 908 (7th Cir. 1993) (plaintiff’s choice of forum is strongly presumed valid)