Koehne v. DG Retail, LLC
| Margaret Koehne |
| DG Retail LLC |
| 3:2023cv03304 |
| October 23, 2023 |
| US District Court for the Central District of Illinois |
| Colleen R Lawless |
| Karen L McNaught |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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| Document Text |
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| TEXT ORDER entered by US Magistrate Judge Karen McNaught on 10/30/2023: Defendant's motion to permit Barry S. Noeltner to substitute for James Tyler Opel as counsel for defendant #17 is ALLOWED. The appearance of Opel is terminated.(BL) |
| Filing 18 NOTICE of Appearance of Attorney by Angie Marie Zinzilieta on behalf of Margaret Koehne (Zinzilieta, Angie) |
| Filing 17 MOTION to Substitute Attorney, J. Tyler Opel to be replaced by Barry S. Noeltner, by Defendant DG Retail LLC. Responses due by 11/8/2023 (Noeltner, Barry) |
| Filing 16 Case transferred in from District of Illinois Southern; Case Number 3:23-cv-03203. . |
Filing 15
ORDER GRANTING #11 Motion to Transfer Case. This case arises out of a slip and fall at the Dollar General store in Staunton, Illinois. Plaintiff filed suit in state court in Macoupin County, Illinois (Doc. 1-2), and Defendant removed the case to this Court. The day after it was removed, Defendant filed the instant motion to transfer, stating that it inadvertently filed the notice of removal in the Southern District of Illinois when it should have been filed in the Central District of Illinois (Doc. 11). Plaintiff did not file a response within her 14-day window for doing so, see SDIL-LR 7.1(c), (g), which the Court takes to mean that Plaintiff has no objection to a transfer. Macoupin County is indeed within the Central District of Illinois. And the removal statute requires removal to the district court for the district and division "embracing the place" where the state court action is pending. 28 U.S.C. sec. 1441(a); 1446(a). This case is therefore TRANSFERRED to the Central District of Illinois, Springfield Division, where it should have been removed in the first instance. Signed by Magistrate Judge Mark A. Beatty on 10/20/2023. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 23-cv-3203-MAB. Any District Judge previously assigned will no longer be assigned to this case. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 13 FINALCONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Opel, James) Modified on 10/20/2023 (csb). |
| Filing 12 NOTICE: DG Retail, LLC was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 347, DG Retail, LLC shall return the form within 7 days or face possible sanctions. Consent due by 10/26/2023 (jlh) |
| Filing 11 MOTION to Transfer Case by DG Retail, LLC. (Opel, James) |
| Filing 10 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Margaret Koehne. (Zinzilieta, Angie) |
| Filing 9 NOTICE OF ACTION re #7 Notice of Appearance filed by Margaret Koehne. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 DEMAND for Trial by Jury by DG Retail, LLC. (Opel, James) |
| Filing 7 NOTICE of Appearance by Angie Marie Zinzilieta on behalf of Margaret Koehne (Zinzilieta, Angie) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Zinzilieta, Angie) |
| Filing 5 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order 347. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 347, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:23-cv-03203-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 10/18/2023 (aza) |
| Filing 4 DG Retail, LLC ANSWER to Complaint from Plaintiff Margaret Kohne by DG Retail, LLC.(Opel, James) |
| Filing 3 Federal Rule of Civil Procedure 7.1 Disclosure Statement by DG Retail, LLC. (Opel, James) |
| Filing 2 NOTICE of Appearance by James Tyler Opel on behalf of DG Retail, LLC (Opel, James) |
| Filing 1 NOTICE OF REMOVAL from Macopuin County, case number 2023LA24 ( Filing fee $ 402 receipt number AILSDC-5195828), filed by DG Retail, LLC. (Attachments: #1 Exhibit Civil Cover Sheet, #2 Exhibit State Court Docs)(Opel, James) |
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| Plaintiff: Margaret Koehne | |
| Represented By: | Angie Marie Zinzilieta |
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| Defendant: DG Retail LLC | |
| Represented By: | James Tyler Opel |
| Represented By: | Barry S Noeltner |
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