Dailing v. Delaware North Companies Gaming & Entertainment, Inc, et al
| Mary Dailing |
| Delaware North Companies Gaming & Entertainment, Inc,, Bally's Quad Cities Casino & Hotel, LLC, Morse Watchmans Incorporated and Delaware North Companies Gaming & Entertainment, Inc, d/b/a JUMERS CASINO & HOTEL, a Delaware corporation |
| 4:2022cv04091 |
| June 8, 2022 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Remark: civil case closed pursuant to 10/26/22 notice of dismissal. (ANW) |
| Filing 15 NOTICE of Voluntary Dismissal by Mary Dailing. (Hart, Steven) |
TEXT ORDER entered by Chief Judge Sara Darrow on October 12, 2022. Plaintiff Mary Dailing has filed a #14 Notice of Voluntary Dismissal Without Prejudice as to Certain Defendants, which purports to dismiss the claims against Defendants Delaware North Companies Gaming & Entertainment, Inc. d/b/a Jumer's Casino & Hotel ("Delaware North") and Morse Watchmans Incorporated ("Morse Watchmans") without prejudice pursuant to Federal Rule of Civil Procedure 41 but indicates that the case will continue as to Defendant Bally's Quad Cities Casino & Hotel, LLC ("Bally's"). #14 Notice 1. The Seventh Circuit has explained that "Rule 41(a) should be limited to dismissal of an entire action." Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). It suggests construing a voluntary dismissal of fewer than all parties as a motion to amend the complaint under Rule 15(a)(2). Id. at 858. Rule 15(a)(2) allows a court to give a party leave to amend its complaint and provides that such leave should be "freely give[n]... when justice so requires." Fed. R. Civ. P. 15(a)(2). Therefore, the Court construes the #14 Notice as a motion to amend the #1 complaint to drop the claims against Delaware North and Morse Watchmans. So construed, #14 is GRANTED. The Clerk is directed to terminate Delaware North and Morse Watchmans as parties on the docket. Because Delaware North and Morse Watchmans are no longer parties to the case, the #10 #12 motions filed by those parties are MOOT. There is no evidence on the docket that Bally's has been served, and no attorney has entered his or her appearance on its behalf. "If a defendant is not served within 90 days after the complaint is filed, the court--on motion or on its own after notice to the plaintiff--must dismiss the action without prejudice against that defendant or order that service be made within a specified time." Fed. R. Civ. P. 4(m). More than 90 days have passed, as the #1 complaint was filed on June 8, 2022. The Court orders Plaintiff to obtain prompt service on Bally's by October 26, 2022, or the action may be dismissed with prejudice. (AAK)
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| Filing 14 NOTICE of Voluntary Dismissal by Mary Dailing. (Hart, Steven) |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss DEFENDANT DELAWARE NORTH COMPANIES GAMING & ENTERTAINMENT, INC.S MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6) DEFENDANTS MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6) filed by Defendant Delaware North Companies Gaming & Entertainment, Inc,. (Mason, Jody) |
| Filing 12 MOTION to Dismiss DEFENDANT DELAWARE NORTH COMPANIES GAMING & ENTERTAINMENT, INC.S MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) AND 12(b)(6) by Defendant Delaware North Companies Gaming & Entertainment, Inc,. Responses due by 10/11/2022 (Mason, Jody) |
| Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) and for Failure to State a Claim Pursuant to Rule 12(b)(6) as to Count II filed by Defendant Morse Watchmans Incorporated. (Attachments: #1 Exhibit A)(Stelter, Todd) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) and for Failure to State a Claim Pursuant to Rule 12(b)(6) as to Count II by Defendant Morse Watchmans Incorporated. Responses due by 10/11/2022 (Stelter, Todd) |
| Filing 9 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Morse Watchmans Incorporated. (Stelter, Todd) |
| Filing 8 NOTICE of Appearance of Attorney by John Paul Ryan on behalf of Morse Watchmans Incorporated (Ryan, John) |
| Filing 7 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 DELAWARE NORTH COMPANIES GAMING & ENTERTAINMENT, INC.'S DISCLOSURE STATEMENT AND CERTIFICATE OF INTEREST by Delaware North Companies Gaming & Entertainment, Inc,. (Mason, Jody) |
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TEXT ORDER granting #3 Unopposed MOTION for Extension of Time to File Answer or otherwise plead until September 27, 2022 and #5 MOTION to Stay proceedings OR, IN THE ALTERNATIVE, FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD to the extent that the responsive pleading deadlines are extended to 9/27/2022 but not staying the case at this time. Entered by Magistrate Judge Jonathan E. Hawley on 8/30/22. (WG)
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| Filing 6 MEMORANDUM IN SUPPORT OF re #5 MOTION to Stay OR, IN THE ALTERNATIVE, FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD by Delaware North Companies Gaming & Entertainment, Inc,. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C - Part 1, #4 Exhibit Exhibit C - Part 2, #5 Exhibit Exhibit C - Part 3, #6 Exhibit Exhibit C - Part 4, #7 Exhibit Exhibit C - Part 5)(Mason, Jody) |
| Filing 5 MOTION to Stay OR, IN THE ALTERNATIVE, FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE PLEAD by Defendant Delaware North Companies Gaming & Entertainment, Inc,. Responses due by 9/12/2022 (Mason, Jody) |
| Filing 4 NOTICE of Appearance of Attorney by Jody Kahn Mason on behalf of Delaware North Companies Gaming & Entertainment, Inc, (Mason, Jody) |
| Filing 3 MOTION for Extension of Time to File Answer or otherwise plead until September 27, 2022 [UNOPPOSED] by Defendant Morse Watchmans Incorporated. Responses due by 9/12/2022 (Stelter, Todd) |
| Filing 2 NOTICE of Appearance of Attorney by Todd P Stelter on behalf of Morse Watchmans Incorporated (Stelter, Todd) |
| Filing 1 COMPLAINT against Bally's Quad Cities Casino & Hotel, LLC, Delaware North Companies Gaming & Entertainment, Inc,, Morse Watchmans Incorporated ( Filing fee $ 402 receipt number AILCDC-3958832.), filed by Mary Dailing. (Attachments: #1 Civil Cover Sheet)(Hart, Steven) |
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