Murphy v. LTI Trucking Services, Inc. et al
| David Simpkins and Rayna Murphy |
| Jess Plunkett and LTI Trucking Services Inc |
| 2:2018cv02261 |
| October 9, 2018 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2018. A more recent docket listing may be available from PACER.
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| Filing 59 Minute Entry for proceedings held before Magistrate Judge Eric I. Long: Appearance for Plaintiff Murphy by Jack Casciato and for Plaintiff Simpkins by Ryan Bradley. Appearance for Defendant LTI Trucking Services by Matthew Hefflefinger and for Defendant Plunkett by Michael Powell. Rule 16 conference held by telephone. Plan approved; dates set. Consent to magistrate judge discussed (form attached). ADR options offered, including court-hosted settlement conference. The following discovery deadlines are set: Initial disclosure due by 9/30/2018. Amended pleadings due by 11/10/2018. Joinder of parties due by 3/31/2019. Plaintiff`s expert disclosure and expert reports due by 10/1/2019. Defendant's expert disclosure and expert reports due by 2/1/2020. Discovery, including deposition of experts, due by 5/1/2020. Case dispositive motions due by 6/1/2020. Final Pretrial Conference set for 9/25/2020 at 1:30 PM in Courtroom A in Urbana before Judge Colin Stirling Bruce. Jury Selection/Jury Trial set for 10/6/2020 at 9:00 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. Status Conference set for 12/11/2018 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. Status Conference set for 3/6/2019 at 10:15 AM in by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. Motion to Take Deposition from Mary Plunkett is GRANTED. (Tape #UR-B: 2:35 PM.) (KE, ilcd) |
TEXT ORDER Entered by Judge Colin Stirling Bruce on 12/4/18 granting #56 Motion for Extension of Time to Complete Discovery pursuant to text order entered 11/30/18. (SKR, ilcd)
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 11/30/18. The Motion for Extension of Time to Complete Discovery #56 is GRANTED. Defendant Jess Plunketts deadline to comply with all outstanding written discovery requests is extended to February 24, 2019. If Defendant Plunkett's criminal charges are still pending as of January 25, 2019, he may request additional time to comply with outstanding discovery requests. ( Miscellaneous Deadline 2/24/2019) (SKR, ilcd)
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| Filing 58 RESPONSE to Motion re #54 Joint MOTION to Take Deposition from Mary Plunkett Plaintiffs' Joint Emergency Motion to Seek the Deposition of Mary Plunkett; Relevant Deposition for Pending 12(b)(6) Motions filed by Defendant LTI Trucking Services Inc. (Pratt, Tyler) |
| Filing 57 NOTICE of Filing (Powell, Michael) |
| Filing 56 MOTION for Extension of Time to Complete Discovery by Defendant Jess Plunkett. Responses due by 12/11/2018 (Powell, Michael) |
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Filing 55
ORDER setting Rule 16 Scheduling Conference Entered by Magistrate Judge Eric I. Long on 11/16/18. Rule 16 Scheduling Conference set for 12/6/2018 at 2:30 PM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. SEE WRITTEN ORDER. (SKR, ilcd)
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| Filing 54 Joint MOTION to Take Deposition from Mary Plunkett Plaintiffs' Joint Emergency Motion to Seek the Deposition of Mary Plunkett; Relevant Deposition for Pending 12(b)(6) Motions by Plaintiffs Rayna Murphy, David Simpkins. Responses due by 11/29/2018 (Attachments: #1 Exhibit Exhibit A News Article, #2 Exhibit Exhibit B Statement, #3 Exhibit Exhibit C Analysis Brief)(Casciato, Jack) |
| Filing 53 CERTIFICATE of Service. (Powell, Michael) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/14/18. Defendant, Jess Plunkett's, Motion for Extension of Time to File Responsive Pleading to Plaintiff's Complaint at Law #44 is GRANTED. Defendant Plunkett's deadline to file a response to Plaintiff's Complaint is 14 days after the conclusion of the criminal charges pending against Defendant Plunkett. (KM, ilcd)
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| Filing 52 CERTIFICATE of Service/Counsel by Jack J Casciato on behalf of Rayna Murphy (Casciato, Jack) |
| Filing 51 CERTIFICATE of Service/Counsel by Jack J Casciato on behalf of Rayna Murphy (Casciato, Jack) |
| Filing 50 CERTIFICATE of Service of Interrogatories to Plaintiff, Request to Produce to Plaintiff, Federal Rule 26(a)(2) Interrogatories to Plaintiff, and Federal Rule 26(a)(2) Request to Produce to Plaintiff. (Hefflefinger, Matthew) |
| Filing 49 CERTIFICATE of Service of Defendant's Initial Rule 26 Disclosures. (Hefflefinger, Matthew) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/5/18. There being no objection, Plaintiff's Motion to Consolidate Cases for Discovery #43 is GRANTED. Pursuant to Fed. R. Civ. P. 42, this case is hereby consolidated with Case No. 18-2195 for purposes of discovery ONLY. (KM, ilcd)
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| Filing 48 RESPONSE to Motion re #43 MOTION to Consolidate Cases for Discovery Puropses Only filed by Defendant LTI Trucking Services Inc. (Pratt, Tyler) |
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Filing 47
HIPAA QUALIFIED PROTECTIVE ORDER Entered by Magistrate Judge Eric I. Long on 10/26/18 granting #46 Motion. SEE WRITTEN ORDER. (SKR, ilcd)
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| Filing 46 MOTION for Leave to File /Enter Agreed HIPAA Order regarding Rayna Murphy by Defendant LTI Trucking Services Inc. Responses due by 11/8/2018 (Hefflefinger, Matthew) |
| Filing 45 NOTICE of Filing (Powell, Michael) |
| Filing 44 MOTION for Extension of Time to File Answer or Responsive Pleading by Defendant Jess Plunkett. Responses due by 11/8/2018 (Powell, Michael) |
| Filing 43 MOTION to Consolidate Cases for Discovery Puropses Only by Plaintiff Rayna Murphy. Responses due by 11/7/2018 (Casciato, Jack) |
| Filing 42 RESPONSE to Motion re #39 MOTION to Dismiss filed by Plaintiff Rayna Murphy. (Attachments: #1 Exhibit Exhibit A - News Papar ARticle, #2 Exhibit Exhibit B - Infractions, #3 Exhibit Exhibit C - Complaint)(Casciato, Jack) |
| Filing 41 NOTICE Rule 26(a)(1) Disclosure (Casciato, Jack) |
| Filing 40 MEMORANDUM re #39 MOTION to Dismiss by LTI Trucking Services Inc. (Pratt, Tyler) |
| Filing 39 MOTION to Dismiss by Defendant LTI Trucking Services Inc. Responses due by 10/29/2018 (Pratt, Tyler) |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 10/10/18. On 10/9/18, this case was transferred to this Court. At that time, all pending motions were denied as moot. The Court directs the parties to refile any motions they seek to renew. (SKR, ilcd)
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| Filing 38 Case transferred in from District of Illinois Northern; Case Number 1:18-cv-05146. . |
| Filing 37 TRANSFERRED to the USDC Central District of Illinois, Urbana Division the electronic record. (sxb, ) |
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Filing 36
ORDER: Defendant Jess Plunkett's motion to adopt and join Defendant LTI Trucking Services, Inc.'s Motion to Transfer Venue #17 is granted. Defendant Jess Plunkett's motion to join Defendant LTI Trucking Services, Inc/s' Reply in Support of Motion to Transfer #20 is granted. Defendants joint motion to transfer case #10 is granted. Motions by Plaintiff David Simpkins to consolidate cases #8 #9 are denied as moot. Defendant Jess Plunkett's motion to join and adopt Defendant LTI Trucking Services, Inc.'s Response and Memorandum of Law in Opposition to Simpkins' Motion to Consolidate #25 is denied as moot. Defendant LTI Trucking Services, Inc.'s Motion to Dismiss for Failure to State a Claim #27 is denied as moot. The case is transferred to the Central District of Illinois, Urbana Division. Signed by the Honorable Charles R. Norgle, Sr on 9/24/2018. Mailed notice. (sxb, )
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| Filing 35 RESPONSE by Rayna Murphyin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant LTI Trucking Services, Inc. #27 (Attachments: #1 Exhibit Article/Criminal Docket, #2 Exhibit Plaintiff's Complaint, #3 Exhibit Driving history records)(Casciato, Jack) |
| Filing 34 MINUTE entry before the Honorable Charles R. Norgle: Motion to set a briefing schedule #31 is granted. Plaintiff's response to Defendant LTI's Motion to Dismiss #27 is due on or before 9/21/2018. Defendants reply is due on or before 10/5/2018. The parties are not required to appear before the court on Friday, August 24,2018. Mailed notice (ewf, ) |
| Filing 33 NOTICE of Motion by Jack Joseph Casciato for presentment of motion by filer to set a briefing schedule #31 before Honorable Charles R. Norgle Sr. on 8/24/2018 at 10:30 AM. (Casciato, Jack) |
| Filing 32 NOTICE of Motion by Jack Joseph Casciato for presentment of (Casciato, Jack) |
| Filing 31 MOTION by Plaintiff Rayna Murphy to set a briefing schedule on LTI Trucking Service, Inc.'s Motion to Dismiss (Casciato, Jack) |
| Filing 30 NOTICE of Motion by Tyler James Pratt for presentment of Motion to Dismiss for Failure to State a Claim #27 before Honorable Charles R. Norgle Sr. on 8/24/2018 at 10:30 AM. (Pratt, Tyler) |
| Filing 29 CERTIFICATE of Interest (Pratt, Tyler) |
| Filing 28 MEMORANDUM by LTI Trucking Services, Inc. in support of Motion to Dismiss for Failure to State a Claim #27 (Pratt, Tyler) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant LTI Trucking Services, Inc. (Pratt, Tyler) |
| Filing 26 ANSWER to Complaint with Jury Demand by LTI Trucking Services, Inc.(Pratt, Tyler) |
| Filing 25 MOTION by Defendant Jess Plunkett to join and adopt Defendant LTI Trucking Services, Inc.'s Response and Memorandum of Law in Opposition to Simkins' Motion to Consolidate Pursuant to FRCP 41 (Attachments: #1 Exhibit A)(Powell, Michael) |
| Filing 24 RESPONSE by LTI Trucking Services, Inc.in Opposition to MOTION by Plaintiff David Simpkins to consolidate cases #8 , MOTION by Plaintiff David Simpkins to consolidate cases #9 (Attachments: #1 Exhibit Motion to Consolidate Exhibit 1, #2 Exhibit Motion to Consolidate Exhibit 2)(Pratt, Tyler) |
| Filing 23 MINUTE entry before the Honorable Charles R. Norgle: The parties are not required to appear before the court on Friday, August 10, 2018. Mailed notice (ewf, ) |
| Filing 22 MINUTE entry before the Honorable Charles R. Norgle: Motion to transfer is taken under advisement. The parties are not required to appear before the court on Friday, August 17, 2018. Mailed notice (ewf, ) |
| Filing 21 NOTICE by Jess Plunkett of Filing (Powell, Michael) |
| Filing 20 MOTION by Defendant Jess Plunkett to join Defendant LTI Trucking Services Inc.'s Reply in Support of Motion to Transfer Venue (Powell, Michael) |
| Filing 19 REPLY by LTI Trucking Services, Inc. to MOTION by Defendant LTI Trucking Services, Inc. to transfer case #10 (Attachments: #1 Exhibit 1)(Pratt, Tyler) |
| Filing 18 NOTICE by Jess Plunkett Notice of Filing Motion to Adopt and Join Defendant LTI Trucking Services, Inc.'s Motion to Transfer Venue (Powell, Michael) |
| Filing 17 MOTION by Defendant Jess Plunkett to transfer case Motion to Adopt and Join Defendant LTI Trucking Services, Inc.'s Motion to Transfer Venue (Powell, Michael) |
| Filing 16 NOTICE by Jess Plunkett of Filing Appearance and Jury Demand (Powell, Michael) |
| Filing 15 ATTORNEY Appearance for Defendant Jess Plunkett by Michael A Powell (Powell, Michael) |
| Filing 14 RESPONSE by Rayna Murphyin Opposition to MOTION by Defendant LTI Trucking Services, Inc. to transfer case #10 (Casciato, Jack) |
| Filing 13 NOTICE of Motion by Ryan R Bradley for presentment of motion to consolidate cases #9 before Honorable Charles R. Norgle Sr. on 8/17/2018 at 10:30 AM. (Attachments: #1 Amended Motion to Consolidate)(Bradley, Ryan) |
| Filing 12 ATTORNEY Appearance for Plaintiff David Simpkins by Ryan R Bradley (Bradley, Ryan) |
| Filing 11 NOTICE of Motion by Tyler James Pratt for presentment of (Attachments: #1 Exhibit Notice to Transfer Venue)(Pratt, Tyler) |
| Filing 10 MOTION by Defendant LTI Trucking Services, Inc. to transfer case (Attachments: #1 Exhibit Ex 1 - EIU Bio, #2 Exhibit Ex 2- Driver Info Exchange, #3 Exhibit Ex 3- Judicial Profile)(Pratt, Tyler) |
| Filing 9 MOTION by Plaintiff David Simpkins to consolidate cases (Bradley, Ryan) |
| Filing 8 MOTION by Plaintiff David Simpkins to consolidate cases (Bradley, Ryan) |
| Filing 7 Entry by David Simpkins (Bradley, Ryan) |
| Filing 6 ATTORNEY Appearance for Plaintiff Rayna Murphy by Jack Joseph Casciato (Casciato, Jack) |
| Filing 5 CERTIFICATE of Service by Tyler James Pratt on behalf of LTI Trucking Services, Inc. (Pratt, Tyler) |
| Filing 4 ATTORNEY Appearance for Defendant LTI Trucking Services, Inc. by Matthew S. Hefflefinger (Hefflefinger, Matthew) |
| Filing 3 ATTORNEY Appearance for Defendant LTI Trucking Services, Inc. by Tyler James Pratt (Pratt, Tyler) |
| Filing 2 CIVIL Cover Sheet (Pratt, Tyler) |
| Filing 1 NOTICE of Removal from Cook County, IL County Dept, Law Division, case number (2018-L-5783) filed by LTI Trucking Services, Inc. Filing fee $ 400, receipt number 0752-14752277. (Attachments: #1 Exhibit Exhibit A-Complaint at Law, #2 Exhibit Exhibit B-Proof of Service of Summons, #3 Exhibit Exhibit C-Consent to and Joinder in Removal LTI, #4 Exhibit Exhibit D-Consent to and Joinder in Removal Plunkett, #5 Exhibit Exhibit E-Driver Information Plunkett, #6 Exhibit Exhibit F- LTI Biennial Registration Report, #7 Exhibit Exhibit G- IL Traffic Crash Report, #8 Exhibit Exhibit H-Casciato Letter)(Pratt, Tyler) |
| CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (acm) |
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