Jaeger v. RDX, LLC et al
| Richard Jaeger |
| Fleet Equipment, LLC, Fleet Equipment Transportation, LLC, Hyundai Motor America and Hyundai Translead Co |
| RDX, LLC, Fleet Equipment Leasing, LLC and Robert Williams |
| Jorian Clark |
| 3:2022cv03018 |
| February 7, 2022 |
| US District Court for the Central District of Illinois |
| Karen L McNaught |
| Sue E Myerscough |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Motor Vehicle |
| 28 U.S.C. § 1391 Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 65 RESPONSE to Motion re #55 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Peter Doyle. (Urban, Jay) |
| Filing 64 RESPONSE to Motion re #55 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Richard Jaeger. (Attachments: #1 Exhibit Ex. 1 - Affidavit, #2 Notice of Filing)(Anderson, Patrick) |
| Filing 63 MOTION for Protective Order re Peter Doyle by Defendant Hyundai Translead Co. Responses due by 5/31/2023 (Thakkar, Sagar) |
| Filing 62 MOTION for Protective Order re Richard Jaeger by Defendant Hyundai Translead Co. Responses due by 5/31/2023 (Thakkar, Sagar) |
Filing 61
ORDER entered by Judge Sue E. Myerscough on 5/5/2023 GRANTING d/e 80 filed in 22-3030. SEE WRITTEN ORDER. (JPL)
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| TEXT ORDER entered by US Magistrate Judge Karen McNaught on 5/3/2023: The motion of attorney Noel Smith to withdraw as attorney for Jorian Clark #60 is ALLOWED. The appearance of Noel Smith for Jorian Clark is terminated. (JPL) |
| Filing 60 MOTION to Withdraw as Attorney Noel Smith by ThirdParty Defendant Jorian Clark. Responses due by 5/12/2023 (Smith, Noel) |
| Filing 59 NOTICE of Motion re Petition for Rule to Show Cause (Thakkar, Sagar) |
| Minute Entry for proceedings held before Judge Sue E. Myerscough: STATUS CONFERENCE held via video on 4/25/2023. Court and court personnel present by video from courtroom. Attorney Robert McCann present on behalf of Fleet Equipment, LLC, Fleet Equipment Leasing, LLC, and Fleet Equipment Transportation, LLC. Attorney Brian Betner present on behalf of RDX, LLC and Robert Williams. Attorney Patrick Cummings present on behalf of Plaintiff Richard Jaegar. Attorney Noel Smith present on behalf of Third-Party Defendant Jorian Clark. Attorney Sagar Thakker present on behalf of Hyundai Trans lead Co. Discussion held regarding briefing schedule. Order to follow. No objections to d/e #54 Motion to Consolidate Cases. D/e #54 is GRANTED. Order to follow. Court advised parties to inform the Court if there are issues with the preservation of the trailer. This hearing was simultaneously held in 22-3030 and 22-3195. Hearing adjourned. (Court Reporter KF.) (JPS) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 4/25/2023: At the status hearing on April 25, 2023, the court granted the consent motions to consolidate in this case and case number 3:22-cv-3030. Pursuant to that order, this case is hereby consolidated with case number 3:22-cv-3030 for purposes of discovery. The lead case shall be case number 3:22-cv-3018 and future filings shall be filed in that case. Future filings shall include both case number 3:22-cv-3018 and 3:22-cv-3030 in the captions. The parties are given leave to file motions to sever cases should the purposes of consolidation as set forth in Federal Rule of Civil Procedure 42 no longer weigh in favor of consolidation in the future. Additionally, the briefing schedule consented to by all parties at the status hearing shall be as follows: The Plaintiff's Response to the Motion to Dismiss (d/e #55 ) shall be filed on or before May 25, 2023 and the Defendants' Reply, if any, shall be filed on or before June 8, 2023. (JPS)
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Filing 58
TEXT ORDER entered by Judge Myerscough on 4/20/2023: The Court sets a status in this matter for Tuesday, April 25, 2023 at 11:00 AM via videoconference, the instructions for which are attached for the parties. (MJC)
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| TEXT ORDER entered by US Magistrate Judge Karen McNaught: The telephone status conference set for April 18, 2023, is cancelled. Entered on 3/16/2023. (JPS) |
| Filing 57 ANSWER to #50 Third Party Complaint of RDX, LLC and Robert Williams by Hyundai Translead Co.(Thakkar, Sagar) |
| Filing 56 MEMORANDUM in Support re #55 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC. (McCann, Robert) |
| Filing 55 MOTION to Dismiss for Lack of Jurisdiction by Defendants Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC. Responses due by 2/24/2023 (McCann, Robert) |
| Filing 54 Consent MOTION to Consolidate Cases by Defendants RDX, LLC, Robert Williams. Responses due by 2/14/2023 (Betner, Brian) |
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Filing 53
PROTECTIVE ORDER entered by Magistrate Judge Karen L. McNaught on 1/30/2023. (JPS)
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| TEXT ORDER entered by US Magistrate Judge Karen McNaught: The uncontested motion for a protective order filed by defendants RDX, LLC. and Robert Williams #51 is allowed in part. The Court will enter the protective order, as modified by the Court. Entered on 1/30/2023. (JPS) |
| TEXT ORDER entered by US Magistrate Judge Karen McNaught on 1/27/2023: Final Pretrial Conference set for 9/2/2024 is CANCELLED and reset 8/30/2024 at 2:00 p.m.(JPS) |
| Filing 52 NOTICE of Firm Name Change (Roy, Kingshuk) |
| Filing 51 Consent MOTION for Protective Order by Defendants RDX, LLC, Robert Williams. Responses due by 1/31/2023 (Attachments: #1 Exhibit A)(Betner, Brian) |
| Filing 50 SECOND AMENDED THIRD PARTY COMPLAINT against Jorian Clark, Hyundai Translead Co, filed by RDX, LLC, Robert Williams.(RES) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 1/11/2023. The Clerk is DIRECTED to refile the Amended Document (d/e #47 ) as RDX, LLCs and Robert Williams' Second Amended Third-Party Complaint. (RES)
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| Filing 49 Third-Party Defendant Jorian Clark's ANSWER to Complaint Answer to Second Amended Third-Party Complaint for Contribution by Jorian Clark.(Smith, Noel) |
| Filing 48 ANSWER to #45 Amended Complaint , Federal Rule of Civil Procedure 12(B)(6) Defesnes and Affirmative Defenses by RDX, LLC, Robert Williams.(Betner, Brian) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 12/29/2022. The Court strikes the document filed at d/e #46 as discovery materials not to be filed. (RES)
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TEXT ORDER entered by Judge Sue E. Myerscough on 12/29/2022. Plaintiff Richard Jaeger filed an Amended Complaint (d/e #45 ) after Defendants Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, and Fleet Equipment, LLC filed their Motion to Dismiss (d/e #23 ). Because Plaintiff's Amended Complaint is now the operative pleading, Defendant's Motion to Dismiss (d/e #23 ) is DENIED as MOOT. However, Defendants are given leave to refile a responsive pleading. Moreover, pursuant to their statements to the same at the previous scheduling conference, the parties are directed to file, if appropriate, a motion to consolidate this case with case number 3:22-cv-03030 by and including January 31, 2023. (RES)
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| Filing 47 AMENDED DOCUMENT by RDX, LLC, Robert Williams. Amendment to #15 Answer to Amended Complaint, Third Party Complaint Second Amended Third-Party Complaint. (Betner, Brian) |
| Filing 46 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC. (McCann, Robert) |
| Filing 45 SECOND AMENDED COMPLAINT against All Defendants, filed by Richard Jaeger.(RES) |
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TEXT ORDER entered by Judge Sue E. Myerscough on 12/14/2022. Before the Court is Plaintiff Richard Jaeger's Motion to Amend Pursuant to Rule 15(a). See #43 . Mr. Jaeger seeks leave to amend the First Amended Complaint to omit the claim against Defendant Hyundai Motor America. Federal Rule of Civil Procedure 15(a) provides that a court should freely give leave [to amend] when justice so requires. Fed. R. Civ. P. 15(a). This mandate is to be heeded. Foman v. Davis, 371 U.S. 178, 182, 83 S.Ct. 227 (1962). Since a complaint merely serves to put the defendant on notice, a complaint may be freely amended or constructively amended as the case develops. Toth v. USX Corp., 883 F.2d 1297, 1298 (7th Cir. 1989). The Court finds no reason to deny Mr. Jaeger leave to amend his First Amended Complaint. Accordingly, Mr. Jaeger's Motion, d/e #43 , is GRANTED. The Clerk is DIRECTED to docket pages seven through thirty-five of Plaintiffs Motion d/e #43 as Plaintiff Richard Jaeger's Second Amended Complaint. For the same reasons, Defendant/Third-Party Plaintiffs RDX, LLC and Robert Williams Motion for Leave to Amend Third-Party Complaint #44 is GRANTED. Defendant/Third-Party Plaintiffs RDX, LLC and Robert Williams shall so file within 14 days of the entry of this order. (RES)
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| Filing 44 MOTION for Leave to File Amended Third-Party Complaint by Defendants RDX, LLC, Robert Williams. Responses due by 12/16/2022 (Betner, Brian) |
| Filing 43 MOTION to Amend/Correct Complaint by Plaintiff Richard Jaeger. Responses due by 12/16/2022 (Anderson, Patrick) |
| Minute Entry for proceedings held before Magistrate Judge Karen L. McNaught: Scheduling Conference held 11/30/2022 via telephone. Attorney Patrick Cummings present on behalf of the Plaintiff. Attorney Brian Betner present on behalf of Defendants RDX LLC and Robert Williams. Attorney Michael McCann present on behalf of Defendants Fleet Equipment, LLC, Fleet Equipment Leasing, LLC, and Fleet Equipment Transportation LLC. Attorney Kingshuk Roy present on behalf of Defendant Hyundai Translead Co. Attorney Noel Smith present on behalf of Third Party Defendant Jorian Clark. Attorney Jordan Klein present on behalf of Cross Claimant and Counter Defendant Richard Jaeger in companion case 22-3030. Parties to submit to the Court proposed Protective Orders by 1/17/2023. Electronic discovery discussed. Scheduling Order to enter, which will include final pretrial conference and jury trial dates. Parties advised of option to consent to Magistrate and scheduling a settlement conference if requested. Status Conference scheduled for 4/18/2023 at 10:30 AM before U.S. Magistrate Judge Karen McNaught. Attorney Jordan Klein advised that a Motion to Consolidate companion case 22-3030 will be filed shortly. Should the companion case 22-3030 be consolidated, deadlines will be applicable to the consolidated case. Parties will promptly file a motion if discovery disputes arise. (Tape #SP-C 12:59 PM.) (GL) |
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Filing 42
SCHEDULING ORDER entered by Magistrate Judge Karen L. McNaught on 11/30/2022. Initial Disclosure due by 12/14/2022. Dispositive Motions due by 6/1/2024. Status Conference set for 4/18/2023 at 10:30 a.m. via telephone before Magistrate Judge Karen L. McNaught. Final Pretrial Conference set for 9/2/2024 02:00 p.m. and Jury Trial set for 9/17/2024 09:00 a.m. in Courtroom 1 in Springfield both before Judge Sue E. Myerscough. SEE FULL WRITTEN ORDER. (RES)
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| Filing 41 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by RDX, LLC, Robert Williams. (Betner, Brian) |
| Set/Reset Hearings: Rule 16 Scheduling Conference set for 11/30/2022 1:00 p.m. by telephone from Springfield (court will place call) before Magistrate Judge Karen L. McNaught. See Text Order entered on 11/7/2022. (RES) |
| Filing 40 Third Party Defendant's ANSWER to #15 Answer to Amended Complaint, Third Party Complaint With Demand for Jury Trial by Jorian Clark.(Schott, David) |
| Filing 39 NOTICE of Appearance of Attorney by Noel L Smith on behalf of Jorian Clark (Smith, Noel) |
| Filing 38 NOTICE of Appearance of Attorney by David A Schott on behalf of Jorian Clark (Schott, David) |
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TEXT ORDER entered by Magistrate Judge Karen L. McNaught on 11/7/2022. A telephonic Rule 16 Scheduling Conference set Wednesday, 11/30/2022, at 1:00 PM (court will place call) before U.S. Magistrate Judge Karen McNaught. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference and are to submit a proposed discovery plan in writing to the Court on or before 11/28/2022. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(F) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (RES)
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| Set/Reset Deadlines: Jorian Clark answer due 10/19/2022. (RES) |
| Filing 37 Summons Returned Executed by RDX, LLC, Robert Williams as to Jorian Clark 9/28/2022. Answer due 10/19/2022 (Betner, Brian) Modified on 10/18/2022 to correct event (RES). |
| Filing 36 Summons Issued as to Jorian Clark. Returned to counsel to effect service. (RES) |
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TEXT ORDER Entered by Magistrate Judge Karen L. McNaught on 8/17/2022. Defendants' motion for leave to file a reply in support of the motion to dismiss #29 and motion for extension of time to file the proposed reply #30 are ALLOWED.(RES)
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| Filing 35 ANSWER to Complaint Affirmative Defenses of Hyundai Translead by Richard Jaeger.(Anderson, Patrick) |
| Filing 34 ANSWER to #15 Answer to Amended Complaint, Third Party Complaint Affirmative Defenses by Richard Jaeger.(Anderson, Patrick) |
| Filing 33 ANSWER to #28 Counterclaim for Contribution and Affirmative Defenses by RDX, LLC, Robert Williams.(Fritz, Kevin) |
| Filing 32 Exhibit re #31 Reply to Response to Motion, (signed and notarized Affidavit) by Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC. (McCann, Robert) |
| Filing 31 REPLY to Response to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC. (Attachments: #1 Exhibit A)(McCann, Robert) |
| Filing 30 MOTION for Extension of Time to File a Reply Brief in Support of its Motion to Dismiss the Complaint for Lack of Jurisdiction by Defendants Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC. Responses due by 8/5/2022 (McCann, Robert) |
| Filing 29 MOTION for Leave to File a Reply Brief in Support of its Motion to Dismiss the Complaint for Lack of Jurisdiction by Defendants Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC. Responses due by 7/28/2022 (McCann, Robert) |
| Filing 28 COUNTERCLAIM against Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC, Hyundai Motor America, RDX, LLC, Robert Williams, filed by Hyundai Translead Co.(Thakkar, Sagar) |
| Filing 27 ANSWER to #12 Amended Complaint, by Hyundai Translead Co.(Thakkar, Sagar) |
| Filing 26 NOTICE of Appearance of Attorney by Kingshuk Roy on behalf of Hyundai Translead Co (Roy, Kingshuk) |
| Filing 25 NOTICE of Appearance of Attorney by Sagar Thakkar on behalf of Hyundai Translead Co (Thakkar, Sagar) |
| Filing 24 RESPONSE to Motion re #23 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Richard Jaeger. (Attachments: #1 Notice of Filing and Certificate of Service, #2 Exhibit Ex. 1 - Affidavit)(Anderson, Patrick) |
| Filing 23 MOTION to Dismiss for Lack of Jurisdiction by Defendants Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC. Responses due by 7/5/2022 (Attachments: #1 Exhibit s 1 - 3)(McCann, Robert) |
| Filing 22 NOTICE of Appearance of Attorney by Brian Betner on behalf of RDX, LLC, Robert Williams (Betner, Brian) |
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TEXT ORDER entered by Magistrate Judge Karen L. McNaught on 6/14/2022. Motion for extension by defendants Fleet Equipment, LLC and Fleet Equipment Transportation, LLC #21 is ALLOWED. Defendants Fleet Equipment, LLC and Fleet Equipment Transportation, LLC shall answer or otherwise respond to plaintiffs complaint by June 21, 2022.(RES)
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| Filing 21 MOTION for Extension of Time to File Responsive Pleading by Defendants Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC. Responses due by 6/1/2022 (McCann, Robert) |
| Filing 20 NOTICE of Appearance of Attorney by Robert Michael McCann on behalf of Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC (McCann, Robert) |
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on April 8, 2022. Due to Magistrate Judge Tom Schanzle-Haskins's retirement, this case is reassigned to Magistrate Judge Karen L. McNaught for further proceedings.(LN)
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| Filing 19 Return of Service Executed by RDX, LLC, Robert Williams as to Hyundai Translead Co 3/22/2022. (Fritz, Kevin) |
| Filing 18 Return of Service Executed by RDX, LLC, Robert Williams as to Hyundai Motor America 3/22/2022. (Fritz, Kevin) |
| Filing 17 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Hyundai Translead Co. on March 11, 2022. (Attachments: #1 Waiver of Service of Summons Form for Hyundai Translead Co.)(Anderson, Patrick) |
| Filing 16 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Hyundai Motor America on March 11, 2022. (Attachments: #1 Waiver of Service of Summons Form for Hyundai Motor America)(Anderson, Patrick) |
| Filing 15 ANSWER to #12 Amended Complaint, Affirmative Defenses and, Amended THIRD PARTY COMPLAINT against Hyundai Motor America by Robert Williams, RDX, LLC.(Fritz, Kevin) |
| Filing 14 Summons Issued as to Hyundai Translead Co. Original issued summons returned to Plaintiff's counsel to effectuate service. (ME) |
| Filing 13 Summons Issued as to Hyundai Motor America. Original returned to plaintiff's counsel to effectuate service. (ME) |
| Filing 12 AMENDED COMPLAINT against Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC, Hyundai Motor America, RDX, LLC, Robert Williams, filed by Richard Jaeger. (Attachments: #1 Notice of Filing and Certificate of Service)(Anderson, Patrick) |
| Filing 11 DEMAND for Trial by Jury by RDX, LLC, Robert Williams. (Fritz, Kevin) |
| Filing 10 ANSWER to #1 Complaint, FEDERAL RULE OF CIVIL PROCEDURE 12(B)(6) DEFENSES, AFFIRMATIVE DEFENSES, THIRD PARTY COMPLAINT against Hyundai Motor America by Robert Williams, RDX, LLC.(Fritz, Kevin) |
| Filing 9 NOTICE of Appearance of Attorney by Kevin Lee Fritz on behalf of RDX, LLC, Robert Williams (Fritz, Kevin) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Robert Williams on February 14, 2022. (Anderson, Patrick) |
| Filing 7 Summons Issued as to Fleet Equipment Leasing, LLC, Fleet Equipment Transportation, LLC, Fleet Equipment, LLC, RDX, LLC and returned to plaintiff's attorney to effectuate service. (SKN) |
| Filing 6 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Roumen Denkov for RDX, LLC on February 9, 2022. (Attachments: #1 Waiver of Service of Summons Form for RDX, LLC)(Anderson, Patrick) |
| Filing 5 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Debra Peal for Fleet Equipment Transportation, LLC on February 9, 2022. (Attachments: #1 Waiver of Service of Summons Form for Fleet Equipment Transportation, LLC)(Anderson, Patrick) |
| Filing 4 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Mark Welch and Fleet Equipment, LLC on February 9, 2022. (Attachments: #1 Waiver of Service of Summons Form for Fleet Equipment, LLC)(Anderson, Patrick) |
| Filing 3 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Fleet Equipment Leasing, LLC on February 9, 2022. (Attachments: #1 Waiver of Service of Summons Form for Fleet Equipment Leasing, LLC)(Anderson, Patrick) |
| Filing 2 NOTICE Amended Civil Cover Sheet by Richard Jaeger (Anderson, Patrick) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILCDC-3863246.), filed by Richard Jaeger. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons to RDX, LLC, #3 Summons to Fleet Equipment, LLC, #4 Summons to Fleet Equipment Transportation, LLC, #5 Summons to Fleet Equipment Leasing, LLC)(Anderson, Patrick) |
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