State Auto Property & Casualty Insurance Company v. Snyder Entities, LLC et al
| State Auto Property & Casualty Insurance Company |
| Lisa McClellan, Snyder Entities, LLC and Snyder Real Estate Agency, Inc. |
| 1:2019cv01134 |
| April 19, 2019 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on June 28, 2019. A more recent docket listing may be available from PACER.
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Filing 14
ORDER entered by Judge Michael M. Mihm on 6/28/2019. Plaintiff's Motions for Default (ECF No. #9 , #10 ) are GRANTED IN PART and RULING RESERVED IN PART. The Clerk of the Court is DIRECTED to enter default as to Defendants Synder Entities, LLC and Synder Real Estate Agency, Inc. The Clerk of the Court is further DIRECTED to provide a copy of this Order to the Defendants at the address contained in the summons. Defendants are given 14 days to respond. Failure to respond will result in the Court presuming there is no opposition to the Motion. The Court will rule on the Motion without further notice to the parties. SEE FULL WRITTEN ORDER. (JS, ilcd)
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| ENTRY OF DEFAULT as to Snyder Entities, LLC, Snyder Real Estate Agency, Inc.(JS, ilcd) |
| Filing 13 AFFIDAVIT of Service for Summons and Complaint for Declaratory Judgment served on Snyder Real Estate Agency, Inc. and Snyder Entities, LLC on May 7, 2019, filed by State Auto Property & Casualty Insurance Company. (Chemers, Robert) |
| Filing 12 Exhibit re #11 MOTION to Dismiss Motion to Voluntarily Dismiss Certain Defendant by State Auto Property & Casualty Insurance Company. (Chemers, Robert) (Main Document 12 replaced on 6/20/2019) (JS, ilcd). |
| Filing 11 MOTION to Dismiss Motion to Voluntarily Dismiss Certain Defendant by Plaintiff State Auto Property & Casualty Insurance Company. Responses due by 7/5/2019 (Chemers, Robert) |
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TEXT ORDER entered by Judge Michael M. Mihm on 6/20/2019. GRANTING Plaintiff's #11 Motion to Voluntarily Dismiss Certain Defendant. Pursuant to the signed stipulation, this case is dismissed with prejudice, and without costs, as to Defendant Lisa McClellan only, and shall proceed as to the remaining Defendants. (JS, ilcd)
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TEXT ORDER: The Court has reviewed the two Motions for Default pursuant to Fed. R. Civ. P. 55 #9 , #10 the Plaintiff filed in this case. Fed. R. Civ. P. 55(a) requires that a party seeking default show the opposing party's failure "to plead or otherwise defend" by "affidavit or otherwise." Fed. R. Civ. P. 4(l)(1) requires valid service to be proven by the server's affidavit. The documents docketed as Proofs of Service in this case as to Defendants Snyder Real Estate Agency, Inc. and Snyder Entities, LLC are brief forms completed and signed by the serving agent, but they are not affidavits, do not, in the alternative, comply with 28 U.S.C. 1746, and make no mention of the Complaint which must also be served to effectuate service under Rule 4(c). Before entering default, this Court requires proof of service that complies with the Federal Rules of Civil Procedure to assure the Court the Defendants were properly served. The Plaintiff shall file an amended proof of service in compliance with the Federal Rules of Civil Procedure within 14 days of the date of this Text Order. Entered by Magistrate Judge Jonathan E. Hawley on 6/19/2019. (KZ, ilcd)
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| Filing 10 First MOTION for Default Judgment Against Defendant Snyder Entities, LLC by Plaintiff State Auto Property & Casualty Insurance Company. Responses due by 6/18/2019 (Chemers, Robert) |
| Filing 9 First MOTION for Default Judgment Against Defendant Snyder Real Estate Agency, Inc. by Plaintiff State Auto Property & Casualty Insurance Company. Responses due by 6/18/2019 (Chemers, Robert) |
| Set/Reset Deadlines: Snyder Entities, LLC answer due 5/28/2019; Snyder Real Estate Agency, Inc. answer due 5/28/2019. (JS, ilcd) |
| Filing 8 Return of Service Executed by State Auto Property & Casualty Insurance Company as to Snyder Real Estate Agency, Inc. 5/7/2019. (Attachments: #1 Plaintiff State Auto Property & Casualty Insurance Company's Certificate of Service to Its Sheriff's Return of Service on Defendant Snyder Real Estate Agency, Inc.)(Chemers, Robert) |
| Filing 7 Return of Service Executed by State Auto Property & Casualty Insurance Company as to Snyder Entities, LLC 5/7/2019. (Attachments: #1 Plaintiff State Auto Property & Casualty Insurance Company's Certificate of Service to Its Sheriff's Return of Service on Defendant Snyder Entities, LLC)(Chemers, Robert) |
| Filing 6 Summons Issued as to Lisa McClellan. (JS, ilcd) |
| Case Reassigned to Magistrate Judge Jonathan E. Hawley. Magistrate Judge Tom Schanzle-Haskins no longer assigned to the case. (JS, ilcd) |
| Filing 5 CORRESPONDENCE from Plaintiff's Counsel to U.S. Magistrate Judge Tom Schanzle-Haskins. (LB, ilcd) |
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TEXT ORDER VACATING DOCUMENT: Text Order of Recusal entered on 4/22/2019 is VACATED. Clerk to refer this case back to U.S. Magistrate Judge Hawley. Entered by Magistrate Judge Jonathan E. Hawley on 4/23/19. (WG, ilcd)
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| Filing 4 Summons Issued as to Snyder Entities, LLC, Snyder Real Estate Agency, Inc. (JS, ilcd) |
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VACATED PURSUANT TO TEXT ORDER ENTERED 4/23/2019. Text only order of recusal. Magistrate Judge Jonathan E. Hawley disqualifies and recuses himself from participation in this matter pursuant to 28 U.S. C. 455(a). Pursuant to instructions from Chief Judge Sara Darrow, this matter is reassigned to Magistrate Judge Tom Schanzle-Haskins for further proceedings. Entered by Magistrate Judge Jonathan E. Hawley on 4/22/19. (WG, ilcd) Modified on 4/24/2019 (JS, ilcd).
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| Case reassigned to Magistrate Judge Tom Schanzle-Haskins. (JS, ilcd) |
| Filing 3 Certificate of Interest Corporate Disclosure Statement by State Auto Property & Casualty Insurance Company. (Chemers, Robert) Modified on 4/22/2019 to correct title of document(TK, ilcd). |
| Filing 2 NOTICE of Appearance of Attorney by Robert M Chemers on behalf of State Auto Property & Casualty Insurance Company (Chemers, Robert) |
| Filing 1 COMPLAINT for Declaratory Judgment against All Defendants ( Filing fee $ 400 receipt number 0753-3087344.), filed by State Auto Property & Casualty Insurance Company. (Attachments: #1 Exhibit A - Part 1 of 4, #2 Exhibit A - Part 2 of 4, #3 Exhibit A - Part 3 of 4, #4 Exhibit A - Part 4 of 4, #5 Exhibit B, #6 Exhibit C - Part 1 of 2, #7 Exhibit C - Part 2 of 2, #8 Exhibit D, #9 Civil Cover Sheet, #10 Summons - Snyder Entities, #11 Summons - Snyder Real Estate)(Chemers, Robert) |
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