Secura Insurance Company v. Deere & Company
| Secura Insurance Company |
| Deere & Company |
| 1:2019cv01164 |
| May 14, 2019 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Michael M Mihm |
| Prop. Damage Prod. Liability |
| 28 U.S.C. ยง 1332 |
| Both |
Docket Report
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Filing 7
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 7/26/19 at 10:30 AM via telephone (Court to set up the call). If Counsel are to be reached at a number different than what is listed on the docket sheet, they are directed to phone Judge Hawley's courtroom deputy at 309-671-7117 and confirm the phone number where they may be reached for the call. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 7/23/19. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 6/25/2019. (WG, ilcd)
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| Filing 6 Designation of Lead Counsel by Robert J Noe on behalf of Deere & Company. (Noe, Robert) |
| Filing 5 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Deere & Company. (Noe, Robert) |
| Filing 4 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Deere & Company.(Noe, Robert) |
| Filing 3 AFFIDAVIT of Service for Summons served on John Deere, Deere & Company and Emily Knott on 05/23/2019, filed by Secura Insurance Company. (Attachments: #1 Exhibit - Notice of Filing)(Gaddipati, Emma) |
| Case reassigned to Chief Judge Sara Darrow. Judge Michael M. Mihm no longer assigned to the case. (JS, ilcd) |
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STRICKEN PURSUANT TO TEXT ORDER ENTERED ON 5/15/2019. TEXT ORDER: The Plaintiff's Complaint #1 alleges that venue is proper in this district under 28 U.S.C. 1391(b)(1) "because this is the judicial district within which Defendant resides." Local Rule 40.1 provides the divisions of the U.S. District Court for the Central District of Illinois in which complaints and subsequent filings will be filed. See Local Rule 40.1(A)-(D). The Complaint also alleges that: Defendant Deere's principal place of business is in Moline, Illinois (Rock Island County); Plaintiff's insured Dawson operated a business in Decatur, Illinois (Macon County); and the fire that caused damage to the Tractor occurred in Clarksdale, Illinois (Christian County). Those three places are located in three different divisions of the Central District of Illinois, and none of them are located in the Peoria Division. The Complaint does not state, as part of the statement of jurisdiction, the basis for filing in the Peoria Division. See Local Rule 40.1(F). In light of this, the Plaintiff is ordered to show cause in writing, by 5/22/2019, why this case should not be transferred to one of those three other divisions. It is the Plaintiff's responsibility to identify the correct division in accordance with Local Rule 40.1. Entered by Magistrate Judge Jonathan E. Hawley on 5/15/2019. (KZ, ilcd) Modified on 5/15/2019 (JS, ilcd).
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TEXT ONLY ORDER: The allegations of the Complaint involve a Plaintiff bringing suit against a corporation with its principal place of business in Rock Island County. The incidents giving rise to this litigation are alleged to have occurred in Rock Island County. Therefore, the Clerk is DIRECTED to TRANSFER this case to the ROCK ISLAND Division of the United States District Court for the Central District of Illinois. See Local Rule 40.1(C) ("All complaints and subsequent filings in cases which arise from the following counties:... Rock Island... will be filed at ROCK ISLAND, ILLINOIS"). Additionally, Judge Michael Mihm disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(b)(2). According to the instructions of Chief Judge Sara Darrow, this matter is reassigned to Judge Darrow for further proceedings. The Clerk is DIRECTED to reassign this case to Judge Darrow. Entered by Judge Michael M. Mihm on 5/15/2019. (MNS, ilcd)
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TEXT ORDER entered by Judge Michael M. Mihm on 5/15/2019. The Text Order entered on 5/15/2019 by Judge Hawley is hereby STRICKEN. (JS, ilcd)
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| Filing 2 Summons Issued as to Deere & Company. (JS, ilcd) |
| Filing 1 COMPLAINT against Deere & Company ( Filing fee $ 400 receipt number 0753-3104019.), filed by Secura Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit - Summons)(Gaddipati, Emma) |
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| Defendant: Deere & Company | |
| Represented By: | Robert J Noe |
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| Plaintiff: Secura Insurance Company | |
| Represented By: | Emma L Gaddipati |
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