Wiles et al v. Morris Material Handling, Inc. et al
| Li Wiles and Kyle Wiles |
| Schneider Electric USA, Inc. and Morris Material Handling, Inc. |
| 1:2019cv01218 |
| June 24, 2019 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Pursuant to the #18 Consent to Jurisdiction by US Magistrate Judge, the Final Pretrial Conference and Jury Trial are reset to the calendar of Magistrate Judge Jonathan E. Hawley. Final Pretrial remains set on 8/3/2021 at 2:00 PM and Jury Trial is reset in time only for 8/30/2021 at 9:00 AM in Courtroom C in Peoria before Magistrate Judge Jonathan E. Hawley. Entered on 8/16/19. (WG, ilcd)
|
|
Filing 18
ORDER: CONSENT to Jurisdiction by US Magistrate Judge. Case reassigned to Magistrate Judge Magistrate Judge Jonathan E. Hawley. Entered by Judge Michael M. Mihm on 8/15/2019. (VH, ilcd)
|
| Filing 17 PROPOSED ORDER: CONSENT to Jurisdiction by US Magistrate Judge. (Gill, Michael) |
| Filing 16 TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #15 . Discovery due by 4/15/2021. Dispositive Motions due by 5/3/2021. Final Pretrial Conference set for 8/3/2021 at 2:00 PM and Jury Trial set for 8/30/2021 at 8:45 AM, BOTH in Courtroom B before District Judge Michael M. Mihm. Rule 16 conference set 8/2/19 at 10:45 AM is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawleys Standing Order that was revised on 12/6/2018. Court notes paragraph D of their Discovery plan indicates consent to the Magistrate Judge. Parties to file an executed consent form by 8/14/19 if they wish to have the Magistrate Judge preside. See form attached. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 7/30/2019. (WG, ilcd) |
| Filing 15 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Kyle Wiles, Li Wiles. (Gill, Michael) |
| Filing 14 NOTICE of Appearance of Attorney by Edward J Keating on behalf of Morris Material Handling, Inc. (Keating, Edward) |
|
TEXT ORDER: The Plaintiffs' Motion to Reconsider 7/12/2019 Order Granting Defendant Schneider's Motion for a More Definite Statement - Due to Lack of Notice #13 is GRANTED. The 6/27/2019 Certificate of Service attached to Defendant Schneiders Motion for a More Definite Statement Pursuant to FRCP Rule 12(e) #5 provides "this instrument will be served on the parties of record via the electronic filing system. Schneider filed its Motion on 6/27/2019 before Plaintiffs' counsel had entered their appearances and therefore, the Plaintiffs' counsel were not yet receiving electronic filings in this case. It remained Defendant Schneider's responsibility to properly serve the Plaintiffs pursuant to the relevant Federal Rules of Civil Procedure and Local Rules. Fed. R. Civ. P. 12(e) provides in relevant part, "A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response." Motions for a more definite statement are "generally disfavored, and courts should grant such motions only if the complaint is so unintelligible that the defendant cannot draft a responsive pleading." Moore v. Fid. Fin. Servs., Inc., 869 F. Supp. 557, 559-60 (N.D. Ill. 1994). Furthermore, "Rule 12(e) motions should not be used as a substitute for the normal discovery process." Mollet v. St. Joseph's Hosp. Breese, No. 16-cv-0293, 2017 WL 1035750, at *3 (S.D. Ill. Mar. 17, 2017), quoting Metso Paper, Inc. v. Enerquin Air, Inc., No. 06-C-1170, 2007 WL 486635, at *5 (E.D. Wis. Feb. 12, 2007). As the Plaintiffs argue, Defendant Schneider's Motion is premature where discovery has not yet commenced. Moreover, the Complaint's allegations against Defendant Schneider are not so vague as to render them unintelligible. See Gardunio v. Town of Cicero, 674 F. Supp. 2d 976, 992 (N.D. Ill. 2009) ("Rule 12(e) is designed to strike at unintelligibility rather than want of detail"). Defendant Schneider's Motion for a More Definite Statement Pursuant to FRCP Rule 12(e) #5 is DENIED upon reconsideration. Entered by Magistrate Judge Jonathan E. Hawley on 7/15/2019. (KZ, ilcd)
|
| Filing 13 MOTION for Reconsideration re Order on Motion for More Definite Statement, by Plaintiffs Kyle Wiles, Li Wiles. Responses due by 7/26/2019 (Gill, Michael) |
|
TEXT ORDER: Having reviewed Defendant Schneider Electric USA, Inc.'s Motion for a More Definite Statement Pursuant to FRCP Rule 12(e) #5 and the Plaintiffs having not filed a response, the Court presumes there is no opposition to the Motion pursuant to Local Rule 7.1(B)(2) and so the Motion #5 is GRANTED. The Plaintiffs must provide a more definite statement of their claims by 7/26/2019. Entered by Magistrate Judge Jonathan E. Hawley on 7/12/2019. (KZ, ilcd)
|
| Filing 12 CERTIFICATE of Service/Counsel re #9 Notice of Appearance of Attorney, #10 Designation of Lead Counsel, #11 Notice of Appearance of Attorney by Michael Thomas Gill on behalf of All Plaintiffs (Gill, Michael) |
| Filing 11 NOTICE of Appearance of Attorney by Loren Michael Legorreta on behalf of All Plaintiffs (Legorreta, Loren) |
| Filing 10 Designation of Lead Counsel by Michael Thomas Gill on behalf of All Plaintiffs. (Gill, Michael) |
| Filing 9 NOTICE of Appearance of Attorney by Michael Thomas Gill on behalf of All Plaintiffs (Gill, Michael) |
|
Filing 8
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 8/2/2019 at 10:45 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 7/30/2019. 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 7/2/2019. (WG, ilcd)
|
| Filing 7 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Morris Material Handling, Inc.. (Clyder, Patrick) |
| Filing 6 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Morris Material Handling, Inc..(Clyder, Patrick) |
| Filing 5 MOTION for More Definite Statement by Defendant Schneider Electric USA, Inc.. Responses due by 7/11/2019 (Goldner, Anthony) |
| Filing 4 NOTICE of Appearance of Attorney by Anthony Michael Goldner on behalf of Schneider Electric USA, Inc. (Goldner, Anthony) |
| Filing 3 NOTICE of Appearance of Attorney by Patrick P Clyder on behalf of Morris Material Handling, Inc. (Clyder, Patrick) |
| Filing 2 NOTICE CIVIL COVER SHEET (Clyder, Patrick) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of the Tenth Judicial Circuit, Tazewell County, case number 19 L 44 (Filing fee $ 400 receipt number 0753-3134938), filed by Morris Material Handling, Inc.. (Attachments: #1 Exhibit 1 - Summons, Complaint, Court File, #2 Exhibit 2 - Property Tax Information, #3 Exhibit 3 - Consent to Removal)(Clyder, Patrick) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
