Fechter v. Love's Travel Stops & Country Stores, Inc.
| Thomas Fechter |
| Love's Travel Stops & Country Stores, Inc. |
| 4:2023cv04217 |
| December 6, 2023 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 24 TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #23 . Court adopts all deadlines as proposed including the following: Discovery due by 8/1/2025. Dispositive Motions due by 9/1/2025. Proposed pretrial order due by 11/25/2025. Final Pretrial Conference set for 12/2/2025 at 10:00 AM and Jury Trial set for 1/12/26 at 9:00 AM, BOTH in Courtroom before Chief Judge Sara Darrow. Rule 16 conference set 2/2/24 at 10:00 AM is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawley's Standing Order that was revised on 4/7/2022. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 1/30/2024. (WG) |
| Filing 23 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Love's Travel Stops & Country Stores, Inc.. (Bilshausen, Ehren) |
Filing 22
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 2/2/24 at 10:00 AM via telephone. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Please announce your name each prior to speaking unless the judge asks a question directly to you so time that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 1/30/24. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. If the complaint makes allegations on behalf of a class, the proposed discovery plan should include a deadline for filing a motion to certify class at a stage early in the case. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 1/2/2024. (WG)
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| Filing 21 ANSWER to Complaint AND AFFIRMATIVE DEFENSES and JURY DEMAND by Love's Travel Stops & Country Stores, Inc..(Maruna, James) |
| Filing 20 NOTICE of Appearance of Attorney by Ehren V. Bilshausen on behalf of Love's Travel Stops & Country Stores, Inc. (Bilshausen, Ehren) |
| Filing 19 NOTICE of Appearance of Attorney by James F Maruna on behalf of Love's Travel Stops & Country Stores, Inc. (Maruna, James) |
| Filing 18 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-01686. . |
| Filing 17 TRANSFERRED to the Central District of Illinois the electronic record via email.(gcy, ) |
| Filing 16 MINUTE entry before the Honorable Thomas M. Durkin: Defendant's motion to transfer venue to the Central District of Illinois #3 is granted. This case is about a slip and fall at a truck stop Defendant owns in Atkinson, Illinois, which is in the Central District. Under 28 U.S.C. 1404(a), "a district court may transfer any civil action to any other district or division where it might have been brought," for "the convenience of parties and witnesses," and "in the interest of justice." Venue is proper in this District because the case was removed from the Circuit Court of Cook County. See 28 U.S.C. 1441(a). Venue is also proper in the Central District because "a substantial part of the events or omissions giving rise to the claim occurred [there]." 28 U.S.C. 1391(e)(1). A plaintiff's choice of forum is ordinarily entitled to substantial weight. But that is not the case when the plaintiff chooses a forum other than their home forum, which in this case is in Wisconsin, not Illinois. See Moore v. Motor Coach Indus., Inc., 487 F. Supp. 2d 1003, 1007 (N.D. Ill. 2007). Furthermore, none of the material events related to this case took place in this District. This District has no relationship to the dispute, whereas the Central District's relationship to the case is strong. Therefore, because it is a more convenient and just venue and the Clerk is directed to transfer this case to the Central District of Illinois. Mailed notice (ags) |
| Filing 15 REPLY by Defendant Love's Travel Stops & Country Stores, Inc. to motion to transfer case #3 (in support of motion) (Maruna, James) |
| Filing 14 RESPONSE by Thomas Fechterin Opposition to MOTION by Plaintiff Love's Travel Stops & Country Stores, Inc., a Foreign BCA Corporation to transfer case venue pursuant to 28 U.S.C. 1404 #3 (Attachments: #1 Certificate of Service Proof of Service Plaintiff's Response to Defendant's Motion to Transfer Venue)(La Cost, Gregory) |
| Filing 13 MINUTE entry before the Honorable Thomas M. Durkin: The parties have agree to the following briefing schedule as to the motion to transfer venue #3 : Plaintiff's response is due by 6/20/2023; Defendant's reply is due by 7/11/2023. Mailed notice. (ecw, ) |
| Filing 12 MINUTE entry before the Honorable Thomas M. Durkin: The parties reported via email that Plaintiff's Motion to Remand is #9 is withdrawn. The parties are to send the courtroom deputy an agreed proposed briefing schedule on the Motion to Transfer. Mailed notice. (ecw, ) |
| Filing 11 RESPONSE by Love's Travel Stops & Country Stores, Inc.in Opposition to MOTION by Plaintiff Thomas Fechter to remand #9 (Attachments: #1 Exhibit A)(Maruna, James) |
| Filing 10 MINUTE entry before the Honorable Thomas M. Durkin: The parties have agreed to the following briefing schedule as to the motion to remand #9 : Defendant's response is due by 5/12/2023; Plaintiff's reply is due by 6/9/2023. The parties have agreed to stay briefing on the motion to transfer case venue #3 pending a ruling on the motion to remand. Mailed notice. (ecw, ) |
| Filing 9 MOTION by Plaintiff Thomas Fechter to remand (Attachments: #1 Exhibit Complaint, #2 Exhibit Illinois Love's Locations, #3 Exhibit Wisconsin Love's Locations, #4 Exhibit Iowa Love's Locations, #5 Exhibit Michigan Love's Locations, #6 Exhibit Indiana Love's Locations, #7 Exhibit US Census Bureau Population Comparison, #8 Exhibit California Love's Locations, #9 Exhibit Texas Love's Locations, #10 Exhibit Love's News Article, December 15, 2022, #11 Exhibit Love's News Article, December 8, 2022, #12 Exhibit Oklahoma Love's Locations, #13 Certificate of Service Certificate of Service)(La Cost, Gregory) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (kl, ) |
| Filing 8 ATTORNEY Appearance for Defendant Love's Travel Stops & Country Stores, Inc. by Ehren Vaughn Bilshausen (Amended appearance) (Bilshausen, Ehren) |
| Filing 7 MAILED Notice of Removal letter to counsel of record. (kl, ) |
| Filing 6 F.R.C.P. 7.1/Local Rule 3.2 Disclosure Statement by Love's Travel Stops & Country Stores, Inc., a Foreign BCA Corporation (Maruna, James) |
| Filing 5 ATTORNEY Appearance for Plaintiff Love's Travel Stops & Country Stores, Inc., a Foreign BCA Corporation by Ehren Vaughn Bilshausen (Bilshausen, Ehren) |
| Filing 4 ATTORNEY Appearance for Plaintiff Love's Travel Stops & Country Stores, Inc., a Foreign BCA Corporation by James F. Maruna (Maruna, James) |
| Filing 3 MOTION by Plaintiff Love's Travel Stops & Country Stores, Inc., a Foreign BCA Corporation to transfer case venue pursuant to 28 U.S.C. 1404 (Maruna, James) |
| Filing 2 CIVIL Cover Sheet (Maruna, James) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2023L063020) filed by Love's Travel Stops & Country Stores, Inc., a Foreign BCA Corporation Filing fee $ 402, receipt number AILNDC-20451911. (Attachments: #1 Exhibit A-C)(Maruna, James) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (smb, ) |
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| Plaintiff: Thomas Fechter | |
| Represented By: | Gregory W La Cost |
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| Defendant: Love's Travel Stops & Country Stores, Inc. | |
| Represented By: | Ehren Vaughn Bilshausen |
| Represented By: | James F Maruna |
| Represented By: | Ehren V. Bilshausen |
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