Norcross v. Superior Fleet Inc
| Emma Norcross |
| Superior Fleet Inc |
| 3:2025cv03377 |
| December 2, 2025 |
| U.S. District Court for the Central District of Illinois |
| Sue E Myerscough |
| Douglas J Quivey |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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This docket was last retrieved on May 29, 2026. A more recent docket listing may be available from PACER.
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Filing 29
TEXT ORDER entered by Magistrate Judge Douglas J. Quivey on 5/29/2026: The Rule 16 Scheduling Conference set 6/12/2026 is VACATED. The court adopts the deadlines in the Parties' Discovery Plan. (Doc. #28 ). The following deadlines are set: initial disclosures due by 7/1/2026, amendment of pleadings by 8/5/2026, additional parties joined by 8/5/2026, Plaintiff discloses experts by 11/11/2026, Plaintiff discloses expert reports by 11/11/2026, Plaintiff's experts deposed by 1/13/2027, Defendant discloses experts by 4/14/2027, Defendant discloses expert reports by 4/14/2027, Defendant's experts deposed by 6/16/2027, all discovery completed by 7/1/2027 and case dispositive motions by 8/11/2027. Final Pretrial set 12/6/2027 at 2:00 p.m. before Judge Sue Myerscough. Jury Trial set 12/21/2027 at 9:00 a.m. before Judge Sue Myerscough. A telephonic Status Conference set 8/18/2026 at 10:00 a.m. before Judge Doug Quivey. The parties are to call in to 551-285-1373 then enter meeting ID 160 363 06109. (BL)
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| Filing 28 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Superior Fleet Inc. (Sievers, Scott) |
| Filing 27 NOTICE of Appearance of Attorney by Chasidy K. P. Clark on behalf of Emma Norcross (Clark, Chasidy) |
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Filing 26
ORDER entered by Magistrate Judge Douglas J Quivey on 5/12/2026. This matter is scheduled for a Rule 16 Scheduling Conference by personal appearance before U.S. Magistrate Judge Douglas J. Quivey on June 12, 2026, at 9:45 a.m., Courtroom 3, U.S. Courthouse, 600 Monroe, Springfield, Illinois. If an agreed discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) is filed seven days before the hearing, the Court will adopt the schedule and vacate the Rule 16 Scheduling Conference. SEE WRITTEN ORDER. (BL)
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| Filing 25 ANSWER to #1 Complaint and Affirmative Defenses by Superior Fleet Inc.(Faller, Maureen) |
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Filing 24
TEXT ORDER entered by District Judge Sue E. Myerscough on 4/29/2026. Pursuant to the motion hearing held April 20, 2026, at which the Court granted the Defendant's Motion to Vacate Order of Default (d/e #14 ), Plaintiff's Motion for Default Judgment (d/e #8 ) is DENIED. (BL)
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| Filing 23 AFFIDAVIT of Mark Crider by Superior Fleet Inc. (Faller, Maureen) |
| Filing 22 Minute Entry for proceedings held before Judge Sue E. Myerscough: Motion Hearing held on 4/20/2026. Attorney Chad Eisenbeck present on behalf of Plaintiff via video. Attorneys Maureen Faller and Scott Sievers present on behalf of Defendant. Discussion held regarding Defendant's Motion to Vacate Order of Default (d/e #14 ). Motion is granted. Defendant is given 21 days to answer the Complaint. Parties are directed to discuss Scheduling Order and discovery. Hearing adjourned. (Court Reporter LT.) (BL) Modified on 4/20/2026 to add docket entry number. (BL) |
| Filing 21 MEMORANDUM in Opposition re #14 MOTION to Vacate Order of Default and For Leave to Respond to Complaint filed by Plaintiff Emma Norcross. (Eisenback, Chad) |
| Filing 20 RESPONSE to Motion re #8 MOTION for Default Judgment filed by Defendant Superior Fleet Inc. (BL) |
| Filing 19 TEXT ORDER entered by U.S. District Judge Sue E. Myerscough on 4/16/2026. Before the Court is Defendant's Motion for Leave to File a Response to Plaintiff's Motion for Default Judgment Instanter (d/e #18 ). As this case is currently set for a hearing on April 20, 2026 at 2:00 PM, the Court GRANTS the Defendant's Motion for Leave to File Response (d/e #18 ). The Clerk is DIRECTED to file of record Defendants Reply to Plaintiff's Motion for Default Judgment (d/e #18 -1). The parties shall be prepared to argue the issues relating to the Motion for Default Judgment (d/e #8 ) at the April 20, 2026 Hearing before U.S. District Judge Sue E. Myerscough, Courtroom II, Springfield. As previously ordered, the Plaintiff has been granted leave to appear by video at the hearing. (BL) |
| Filing 18 MOTION for Leave to File Response to Plaintiff's Motion for Default Judgment by Defendant Superior Fleet Inc. Responses due by 4/29/2026 (Attachments: #1 Exhibit Exhibit A Response to Motion for Default Judgment)(Faller, Maureen) |
| Filing 17 Civil LR 7.1.1 Disclosure Statement by Defendant Superior Fleet Inc. Responses due by 4/24/2026 (Faller, Maureen) Modified on 4/13/2026 to correct document title. (BL) |
| Filing 16 NOTICE of Appearance of Attorney by Scott Sievers on behalf of Superior Fleet Inc (Sievers, Scott) |
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Filing 15
TEXT ORDER entered by District Judge Sue E. Myerscough on 4/10/2026. This matter is currently set for a hearing on Plaintiff's Motion for Default Judgment (d/e #8 ) on Monday, April 20, 2026. Defendant today filed a Motion to Vacate Order of Default and for Leave to Respond to Complaint (d/e #14 ). Plaintiff's deadline to file a response to Defendant's Motion to Vacate (d/e #14 ) is RESET to Friday, April 17, 2026. The Court will take up both the Motion for Default Judgment (d/e #8 ) and the Motion to Vacate Order of Default (d/e #14 ) at the hearing already set on April 20, 2026 at 2:00 PM in Courtroom II in Springfield. (BL)
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| Filing 14 MOTION to Vacate Order of Default and For Leave to Respond to Complaint by Defendant Superior Fleet Inc. Responses due by 4/24/2026 (Faller, Maureen) |
| Filing 13 NOTICE of Appearance of Attorney by Maureen Michelle Faller on behalf of Superior Fleet Inc (Faller, Maureen) |
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Filing 12
TEXT ORDER entered by District Judge Sue E. Myerscough on 3/18/2026. Pending before the Court is Plaintiff's Motion to Appear Telephonically (d/e #11 ), in which Plaintiff Emma Norcross requests permission to remotely attend the April 20, 2026 hearing on Plaintiff's Motion for Default Judgment (d/e #8 ). In support thereof, Plaintiff states that she currently resides in Florida, she is not employed, and she is the primary caregiver for her newborn child and does not have alternate childcare arrangements that would allow her to attend the hearing in person in Springfield, Illinois. Plaintiff's Motion to Appear Telephonically (d/e #11 ) is GRANTED in part and DENIED in part, as follows. The Court finds that Plaintiff has established good cause to testify at the hearing from a different location pursuant to Fed. R. Civ. P. 43, due to the familial and financial difficulties described by Plaintiff in her Motion. However, the Court directs Plaintiff to attend the hearing by video rather than by telephone. The Court's Zoom instructions are attached. Plaintiff should review those instructions and confirm that she can participate by Zoom. If Plaintiff does not have the capability to use Zoom from home, the Court may facilitate her participation remotely via another federal district courthouse located nearer her residence in Florida. Plaintiff's attorney is directed to file notice no later than Monday, April 13, 2026 if Plaintiff requires assistance in facilitating participation by Zoom from another courthouse. (BL)
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| Filing 11 MOTION to Appear Telephonically at Hearing set for April 20, 2026 by Plaintiff Emma Norcross. Responses due by 3/31/2026 (Eisenback, Chad) |
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Filing 10
TEXT ORDER entered by District Judge Sue E. Myerscough on 3/9/2026. Pending before the Court is a Motion for Default Judgment (d/e #8 ) filed by Plaintiff Emma Norcross. Pursuant to Federal Rule of Civil Procedure 55(b)(2)(B), the Court finds it necessary to set the Motion for a hearing on Monday, April 20, 2026 at 2:00 PM in Courtroom II in Springfield, in order to determine the amount of damages. Plaintiff is directed to serve notice of hearing on Defendant Superior Fleet, Inc., at the following addresses: (1) c/o United States Corporation Agents, Inc., 980 N. Michigan Ave. Ste. 1085, Chicago, IL 60611-4525; (2) c/o United States Corporation Agents, Inc., 500 N. Michigan Ave. Ste. 536, Chicago, IL 60611; (3) c/o United States Corporation Agents, Inc., Registered Agent Northwest Registered Agent Service, Inc., 2501 Chatham Road, Ste. N, Springfield, IL 62704; and (4) Superior Fleet Inc., 105 South 5th Street, Ste. 1, Effingham, IL 62401. (BL)
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| Filing 9 MEMORANDUM in Support re #8 MOTION for Default Judgment filed by Plaintiff Emma Norcross. (Attachments: #1 Exhibit A, #2 Exhibit B)(Eisenback, Chad) |
| Filing 8 MOTION for Default Judgment by Plaintiff Emma Norcross. Responses due by 3/3/2026 (Eisenback, Chad) |
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TEXT ORDER entered by District Judge Sue E. Myerscough on 2/11/2026. On December 2, 2025, Plaintiff Norcross filed a Complaint (d/e #1 ) against Defendant Superior Fleet, Inc. Defendant was served on December 30, 2025, but did not file an answer by the January 20, 2026 deadline or at any time thereafter. On January 26, 2026, Magistrate Judge Quivey entered an Order of Default (d/e #7 ) granting Plaintiff's Motion for Entry of Default (d/e #6 ) for Defendant's failure to answer or otherwise defend within the time limits required by the Federal Rules of Civil Procedure and the rules of this Court. Judge Quivey further ordered that "this cause is subject to dismissal for failure to prosecute unless within (14) days of the entry of th[e] Order of Default, the Plaintiff makes application to the District Court for the entry of default judgment against Defendant Superior Fleet, Inc." More than 14 days have passed, and Plaintiff has not made any motion for default judgment. The Court sua sponte grants Plaintiff an additional 7 days in which to do so. If Plaintiff does not move for default judgment within 7 days of entry of this Text Order, this matter will be dismissed for failure to prosecute. (BL)
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| ENTRY OF DEFAULT as to Superior Fleet Inc entered on 1/26/2026. (BL) |
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Filing 7
VACATED per 4/20/2026 Minute Entry. (d/e 22 ) ORDER of Default granting #6 Motion for Entry of Default entered by Magistrate Judge Douglas J Quivey on 1/26/2026. (BL) Modified on 4/20/2026. (BL)
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| Filing 6 MOTION for Entry of Default by Plaintiff Emma Norcross. Responses due by 2/9/2026 (Eisenback, Chad) |
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TEXT ORDER entered by Magistrate Judge Douglas J. Quivey on 1/21/2026: On December 2, 2025, Plaintiff Norcross filed a Complaint against Defendant Superior Fleet, Inc. It appears that Defendant Superior Fleet, Inc. 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 February 4, 2026, to either move for default against Defendant Superior Fleet, Inc. or show cause for failing to do so. If Plaintiff fails to do either, the cause of action may be dismissed with prejudice. (BL)
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| Filing 5 SUMMONS Returned Executed by Emma Norcross. Superior Fleet Inc served on 12/30/2025, answer due 1/20/2026. (Eisenback, Chad) |
| Filing 4 Summons Issued as to Superior Fleet Inc. Original Summons returned to Plaintiff's counsel. (BL) |
| Filing 3 NOTICE of Appearance of Attorney by Nathan Charles Volheim on behalf of Emma Norcross (Volheim, Nathan) |
| Filing 2 NOTICE of Appearance of Attorney by Chad William Eisenback on behalf of Emma Norcross (Eisenback, Chad) |
| Filing 1 COMPLAINT against Superior Fleet, Inc. ( Filing fee $ 405 receipt number AILCDC-4878605.), filed by Emma Norcross. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(Eisenback, Chad) |
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| Plaintiff: Emma Norcross | |
| Represented By: | Chad William Eisenback |
| Represented By: | Nathan Charles Volheim |
| Represented By: | Chasidy K. P. Clark |
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| Defendant: Superior Fleet Inc | |
| Represented By: | Scott Sievers |
| Represented By: | Maureen Michelle Faller |
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