Utley v. Woodys Used Grain Bins Inc. et al
| Joseph Utley |
| Woodys Used Grain Bins Inc. and Russell Penoyer |
| 1:2025cv01524 |
| December 29, 2025 |
| U.S. District Court for the Central District of Illinois |
| Colleen R Lawless |
| Douglas J Quivey |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| None |
Docket Report
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This docket was last retrieved on June 18, 2026. A more recent docket listing may be available from PACER.
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| Filing 26 SUMMONS Returned Executed by Joseph Utley. Woodys Used Grain Bins Inc. served on 6/17/2026, answer due 7/8/2026. (Skafish, Bradley) |
| Filing 25 Third Alias Summons Issued as to Woodys Used Grain Bins Inc. Issued Summons returned to Deutschman & Skafish for service. (FDS) |
Filing 24
TEXT ORDER entered by Magistrate Judge Douglas J. Quivey on 5/26/26: Plaintiff Joseph Utley filed a Complaint against Defendants Woodys Used Grain Bins Inc. and Russell Penover. (Doc. 1). On April 13, 2026, Plaintiff filed returned summons as to both Defendants. As to Defendant Penoyer, the proof of service shows he was personally served at 1352 Cutler Street, Burton, MI 48509. (Doc. 11). An entry of default was entered against Defendant Penover on April 17, 2026. (Doc. 16). As to Defendant Woodys Used Grain Bins Inc., proof of service was shown by regular and certified mail to both 4053 Genesse Road, Flint, MI 48506 and to 216 Henry Court, Flushing, MI. 48433. (Docs. 10 & 19). Thereafter, on May 22, 2026, Plaintiff moved for an entry of default against Woodys Used Grain Bins Inc. (Doc 20). In the Motion, Plaintiff, stated that "[i]n an abundance of caution," Plaintiff served Defendant Woodys Used Grain Bins Inc. at both its advertised location and where its registered agent is located. (Doc. 20). As it relates to the registered agent, however, the proof of service shows mailed service at 216 Henry Court not 216 Henry Street, Flushing, MI. (Doc. 19). It is also not clear that the mail to include certified mail was accepted at either location. Accordingly, Plaintiff's Motion for Entry of Default Against Woodys Used Grain Bins, Inc. is DENIED with leave to refile. When the Motion is refiled, Plaintiff should include proof as to why service by mail to include certified mail is sufficient and proof that a copy of the summons and Complaint were actually delivered to an officer, a managing or general agent, or any other agent authorized by law to receive service of process. Fed. R. Civ. P. 4(h)(B). Plaintiff can hold off moving for a Default Judgment against Defendant Penover until the situation with Defendant Woodys Used Grain Bins Inc. is clarified.(FDS)
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Filing 23
TEXT ORDER entered by Magistrate Judge Douglas J. Quivey on 5/22/2026: The Clerk is ordered to STRIKE the May 22, 2026 Order of Default, (Doc. #21 ), and Entry of Default, (Doc. 22 ), that was entered in error.(GL)
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| Filing 22 STRICKEN PER TEXT ORDER 23 of 5/22/2026 ENTRY OF DEFAULT as to Woodys Used Grain Bins Inc. Entered by the Clerk on 5/22/2026. (GL) Modified to strike on 5/22/2026 (GL). |
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Filing 21
STRICKEN PER TEXT ORDER 23 of 5/22/2026 ORDER OF DEFAULT entered by Magistrate Judge Douglas J Quivey on 5/22/2026. It is therefore ORDERED that the Motion for Entry of Default, (Doc. #20 ), is GRANTED and default is entered against Defendant for its failure to answer or otherwise defend in the time limits required by the Federal Rules of Civil Procedure and the rules of this Court. It is further ORDERED that this cause is subject to dismissal for failure to prosecute unless within (14) days of the entry of this Order of Default, the Plaintiff makes application to the District Court for the entry of default judgment against Defendant. (SEE FULL WRITTEN ORDER.) (GL) Modified to strike on 5/22/2026 (GL).
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| Filing 20 MOTION for Default Judgment Against Woodys Used Grain Bins by Plaintiff Joseph Utley. Responses due by 6/5/2026 (Skafish, Bradley) |
| Filing 19 SUMMONS Returned Executed by Joseph Utley. Woodys Used Grain Bins Inc. served on 4/15/2026, answer due 5/6/2026. (Skafish, Bradley) |
| Filing 18 MOTION for Default Judgment Against Russell Penoyer by Plaintiff Joseph Utley. Responses due by 5/4/2026 (Skafish, Bradley) |
| Filing 17 AFFIDAVIT For Prove Up of Damages by Joseph Utley. (Skafish, Bradley) |
| Filing 16 ENTRY OF DEFAULT as to Russell Penoyer. (MLW) |
| Set/Reset Deadlines: 14-day deadline set pursuant to the 4/16/26 Order. (MLW) |
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Filing 15
ORDER OF DEFAULT entered by Magistrate Judge Douglas J Quivey on 04/16/2026. It is therefore ORDERED that the Motion for Default, (Doc. #14 ), is GRANTED and default is entered against Defendant Russell Penoyer for his failure to answer or otherwise defend in the time limits required by the Federal Rules of Civil Procedure and the rules of this Court. See written Order. (MLW)
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| Filing 14 MOTION for Default Judgment by Plaintiff Joseph Utley. Responses due by 4/29/2026 (Skafish, Bradley) |
| Filing 13 Second Alias Summons Issued as to Woodys Used Grain Bins Inc. Issued Summons returned to Attorney Deutschman for service. (FDS) |
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Filing 12
TEXT ORDER entered by Magistrate Judge Douglas J. Quivey on 4/14/26: On December 29, 2025, Plaintiff filed a Complaint against Defendants. (Doc. #1 ). It appears that Defendant Russell Penoyer has been served but has not timely filed an answer. District Courts have the inherent authority to dismiss a case sua sponte for want of prosecution. Link v. Wabash R.R. Co., 370 U.S. 626, 63031 (1962). See also Fed. R. Civ. P. 41(b). Accordingly, Plaintiff is given until April 28, 2026, to either move for default against Defendant or show cause for failing to do so. If Plaintiff fails to do either, the cause of action against Defendant Penoyer could be dismissed with prejudice.(FDS)
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| Filing 11 SUMMONS Returned Executed by Joseph Utley. Russell Penoyer served on 2/21/2026, answer due 3/14/2026. (Skafish, Bradley) Modified on 4/14/2026 to reflect accurate service date and answer deadline (RAH). |
| Filing 10 SUMMONS Returned Executed by Joseph Utley. Woodys Used Grain Bins Inc. served on 4/13/2026, answer due 5/4/2026. (Skafish, Bradley) |
| Filing 9 Alias Summons Issued as to Woodys Used Grain Bins Inc. Original Alias Summons returned to Plaintiff's counsel for service. (GL) |
| Filing 8 Summons Returned Unexecuted by Joseph Utley as to Woodys Used Grain Bins Inc.. (Skafish, Bradley) |
| Filing 7 Summons Issued as to Russell Penoyer and Woodys Used Grain Bins Inc. Original summons returned to Plaintiff counsel for service. (JPL) |
| Due to the case transferring divisional offices, this case is reassigned to District Judge Colleen R. Lawless and Magistrate Judge Douglas J Quivey. District Judge Jonathan E Hawley and Magistrate Judge Ronald L Hanna no longer assigned to the case. (FDS) |
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TEXT ORDER: Plaintiff's #1 Complaint alleges that "the incident in question occurred... in the Village of Kincaid, County of Christian, and State of Illinois." (Doc. 1 at 2.) Yet Plaintiff's complaint was filed in the Central District of Illinois's Peoria Division, rather than its Springfield Division. Civil 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 Civil LR 40.1(A)-(D). Christian County is in the Springfield Division. In the interest of judicial economy and proper venue, the Clerk of Court 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 Ronald L Hanna on January 8, 2026. (NL)
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| Filing 6 NOTICE of Appearance of Attorney by Jeffrey S Deutschman on behalf of All Plaintiffs (Deutschman, Jeffrey) |
| Filing 5 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Russell Penoyer on 12/29/2025. (Skafish, Bradley) |
| Filing 4 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Woodys Used Grain Bins Inc. on 12/29/2025. (Skafish, Bradley) |
| Filing 3 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Russell Penoyer on 12/29/2025. (Skafish, Bradley) |
| Filing 2 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Woodys Used Grain Bins Inc. on 12/29/2025. (Skafish, Bradley) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AILCDC-4894511.), filed by Joseph Utley. (Attachments: #1 Civil Cover Sheet, #2 Appearance)(Skafish, Bradley) |
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