Applewood Farms, LLC v. Wiarda et al
| Applewood Farms, LLC |
| James Toomsen and Michael Wiarda |
| 1:2018cv01358 |
| October 2, 2018 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Richard Mills |
| Tom Schanzle-Haskins |
| James E Shadid |
| Contract: Other |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 10 RESPONSE to Motion re #6 MOTION to Remand, #8 Supplemental MOTION to Supplement Motion to Remand filed by Defendants James Toomsen, Michael Wiarda. (Attachments: #1 Exhibit A - Withdrawal of Notice of Removal, #2 Exhibit B - Interrogatory Answers, #3 Exhibit C - Email)(Kresowik, Daniel) Modified on 11/16/2018 to change from Reply to Response and to link to #8 instead of #9 . (SKN, ilcd). |
| Filing 9 Supplemental MOTION to Supplement Motion to Remand by Plaintiff Applewood Farms, LLC. Responses due by 11/15/2018 (Naylor, Peter) |
| Filing 8 MOTION: Amended Objection to Defendants' Notice of Removal and Plaintiff's Motion to Remand (Naylor, Peter) Modified on 11/16/2018 to enter as a motion. (SKN, ilcd). |
| Filing 7 NOTICE of Appearance of Attorney by Homer Jerry Tice on behalf of Applewood Farms, LLC (Tice, Homer) |
| Filing 6 Motion to Remand by Plaintiff Applewood Farms, LLC. (Naylor, Peter) Modified on 10/26/2018 to enter as a motion (SKN, ilcd). |
| Filing 5 NOTICE of Appearance of Attorney by Peter E Naylor on behalf of Applewood Farms, LLC (Naylor, Peter) |
| Notice of Docket Text or Event Modification re #6 OBJECTION to Defendants' Notice of Removal and Plaintiff's Motion to Remand changed to MOTION to Remand, per chambers. (SKN, ilcd) |
| Filing 4 AFFIDAVIT Affidavit Establishing Complete Diversity by James Toomsen, Michael Wiarda. (Attachments: #1 Exhibit A - Affidavit of Alan Wildt, #2 Exhibit B - Secretary of State, #3 Exhibit C - West Law PeopleMap Report - Alan Wildt, #4 Exhibit D - West Law PeopleMap Report - Other members, #5 Exhibit E - Affidavit of Michael Wiarda)(Kresowik, Daniel) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Notice of Removal filed 10/2/2018 reviewed. Plaintiff is given to 11/2/2018 to file objections and a motion to remand. Failure to do so is deemed to mean Plaintiff has no legal opposition to removal and this case may proceed in this court. Further, Defendants are directed to review Belleville Catering Co. v. Champaign Market Place, L.L.C., 350 F.3d 691 (7th Cir., 2003) and provide affidavit(s) establishing complete diversity on or before 10/15/2018. (LB, ilcd) |
TEXT ORDER: The Plaintiff filed this action in the Eighth Judicial Circuit Court in Cass County, Illinois. Defendants filed a notice of removal in the Central District of Illinois, Peoria Division. 28 USC 1446 (a) provides: "A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending...." Because Cass County is located within the Springfield Division (see Local Rule 40.1(B)), the Clerk is directed to TRANSFER this case to the Springfield Division of the United States District Court for the Central District of Illinois. Entered by Magistrate Judge Jonathan E. Hawley on 10/3/2018. (KZ, ilcd)
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| Filing 3 CERTIFICATE Certificate of Related Parties. (Kresowik, Daniel) |
| Filing 2 NOTICE of Appearance of Attorney by Daniel P Kresowik on behalf of James Toomsen, Michael Wiarda (Kresowik, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of the Eighth Judicial Circuit Cass County, case number 17-L-4 (Filing fee $ 400 receipt number 0753-2941602), filed by Michael Wiarda, James Toomsen. (Attachments: #1 Civil Cover Sheet, #2 Exhibit July 24, 2017 Summons and Complaint, #3 Exhibit Aug 3, 2017 Motion for Leave to Serve by Private Person, #4 Exhibit Aug 16, 2017 Order Allowing Process Server, #5 Exhibit Aug 2017 Return of Service, #6 Exhibit Sept 21, 2017 Entry of Appearance, #7 Exhibit Sept 21, 2017 Acceptance of Entry of Appearance, #8 Exhibit Sept 22, 2017 Motion to Dismiss, #9 Exhibit Sept 22, 2017 Memorandum of Law in Support of Motion to Dismiss, #10 Exhibit Nov 6, 2017 Response to Motion to Dismiss, #11 Exhibit Dec 11, 2017 Reply to Response to Motion to Dismiss, #12 Exhibit Dec 20, 2017 Order Denying Motion to Dismiss or Stay, #13 Exhibit Jan 17, 2018 Answer and Counterclaim, #14 Exhibit May 1, 2018 Request to Admit, #15 Exhibit May 25, 2018 Response to Request to Admit, #16 Exhibit May 25, 2018 Motion for Continuance of Written Disc Deadlines, #17 Exhibit June 15, 2018 Notice of Service of Discovery Documents, #18 Exhibit Sept 4, 2018 Answers to Rogs, #19 Exhibit IA - July 21, 2017 Petition, #20 Exhibit IA - July 24, 2017 Original Notice, #21 Exhibit IA - Aug 21, 2017 Return of Service, #22 Exhibit IA - Sept 22, 2017 Motion to Dismiss or Stay, #23 Exhibit IA - Sept 22, 2017 Memorandum Motion to Dismiss or Stay and attachments, #24 Exhibit IA - Sept 26, 2017 Appearance, #25 Exhibit IA - Sept 27, 2017 Unresisted Motion to Extend Deadline for Filing Resistance to Motion to Dismiss, #26 Exhibit IA - Sept 27, 2017 Order Granting Extension of Deadline, #27 Exhibit IA - Oct 2, 2017 Order Setting Hearing, #28 Exhibit IA - Oct 3, 2017 Appearance, #29 Exhibit IA - Oct 10, 2017 Order Setting Trial Scheduling Conference, #30 Exhibit IA - Oct 25, 2017 Motion to Continue Hearing, #31 Exhibit IA - Oct 30, 2017 Order Granting Continuance, #32 Exhibit IA - Nov 6, 2017 Resistance to Motion to Dismiss, #33 Exhibit IA - Nov 6, 2017 Affidavit of Michael Wiarda with attachments, #34 Exhibit IA - Nov 8, 2017 Order Resetting Trial Scheduling Conference, #35 Exhibit IA - Nov 16, 2017 Reply to Resistance to Motion to Dismiss or Stay, #36 Exhibit IA - Dec 4, 2017 Court Report Memorandum and Certificate, #37 Exhibit IA - Dec 20, 2017 Trial Scheduling and Discovery Plan with Attachment, #38 Exhibit IA - Dec 20, 2017 Order Setting Trial, #39 Exhibit IA - Dec 27, 2017 Order Granting Stay)(Kresowik, Daniel) |
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