Jeffrey Morse v. Ten X Holdings, LLC et al
| Jeffrey Morse |
| Ten X Holdings, LLC, Brian Pebley, Richard Beston and John Branch |
| 1:2017cv06646 |
| September 14, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Andrea R Wood |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 13, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 53 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff having filed a notice of voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #52 , this case is dismissed with prejudice and with each party to bear its own attorneys' fees and costs. All pending hearing dates and motions are stricken. Civil case terminated. Mailed notice (ef, ) |
| Filing 52 NOTICE of Voluntary Dismissal by Jeffrey Morse (Attachments: #1 Notice of Filing Notice of Filing)(Swanson, Alfred) |
| Filing 51 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Only counsel for Plaintiff appeared. Pursuant to the discussion held in open court, the status hearing is continued to 12/14/2017 at 9:00 AM. The Court expects all parties to appear at the next status hearing in person or through counsel. The parties are advised that this Court permits out-of-town parties and counsel to appear telephonically for most hearings. Any request to appear by telephone should be e-mailed to the Courtroom Deputy no later than 24 hours prior to the hearing. Mailed notice (ef, ) |
| Filing 50 STATUS Report by Jeffrey Morse (Swanson, Alfred) |
| Filing 49 NOTICE of Voluntary Dismissal by Jeffrey Morse (Attachments: #1 Notice of Filing)(Swanson, Alfred) |
| Filing 48 ATTORNEY Appearance for Plaintiff Jeffrey Morse by Alfred M. Swanson, Jr (Swanson, Alfred) |
| Filing 47 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 11/15/2017 at 09:00 AM. At least seven days before the initial status hearing, the parties shall file a joint Reassignment Status Report, not to exceed five pages in length. The reassignment status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Cases Reassigned to Judge Andrea R. Wood. Mailed notice (ef, ) |
| Filing 46 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ags, ) |
| Filing 45 MAILED Rule 83.15 letter to to all counsel of record. (ags, ) |
| Filing 44 RECEIVED from Nevada; Case Number 2:17-cv-00073 (ags) |
Filing 43
ORDER. IT IS HEREBY ORDERED that #7 , #17 Beston and Ten X's motions to transfer venue are GRANTED and #6 , #18 these defendants' motions to dismiss are DENIED without prejudice to the ability to raise any arguments still relevant after transfer before the transferee court. Branch's motion to dismiss or alternatively to transfer venue #19 is GRANTED in part as to the request to transfer venue and DENIED without prejudice to the ability to raise any arguments still relevant after transfer before the transferee court. The Clerk of Court is directed to TRANSFER this case to the U.S. District Court for the Northern District of Illinois. Signed by Judge Jennifer A. Dorsey on 9/13/17. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 9/14/2017.]
|
| Filing 42 AFFIDAVIT of Publiction re #41 Notice re 4m Dismissal,, ; by Plaintiff Jeffrey Morse. (Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
| Filing 41 NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Petition for Removal* in this action was filed on* 1/8/2017.* Service was extended to 8/17/2017 pursuant to Order #40 . To date no proper proof of service has been filed as to*Brian Pebley.* FRCP 4(m) dismissal deadline set for 9/29/2017. (Copies have been distributed pursuant to the NEF - RFJ) [Transferred from Nevada on 9/14/2017.] |
|
Filing 40
ORDER. IT IS ORDERED that #38 Plaintiff Jeffrey Morse's Renewed Motion for Enlargement of Time to Effectuate Service of Brian Pebley is GRANTED. Plaintiff's deadline to serve Defendant Brian Pebley is 8/17/17. IT IS FURTHER ORDERED that #39 Plaintiff's Motion to Serve Defendant Brian Pebley by Publication is GRANTED. Signed by Magistrate Judge Carl W. Hoffman on 5/19/17. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 9/14/2017.]
|
| Filing 39 SECOND MOTION for Service by Publication; filed by Plaintiff Jeffrey Morse. (Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
| Filing 38 SECOND Motion for Enlargement of Time to Effectuate Service; filed by Plaintiff Jeffrey Morse. (Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
| Filing 37 AFFIDAVIT of Non Service of Brian Pebley by Plaintiff Jeffrey Morse. (Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
|
Filing 36
ORDER granting #34 stipulation to extend time to file reply brief. Signed by Judge Jennifer A. Dorsey on 4/18/2017. Nunc pro tunc 3/22/2017. (Copies have been distributed pursuant to the NEF - DC) [Transferred from Nevada on 9/14/2017.]
|
| Filing 35 NOTICE of intent to dismiss pursuant to FRCP 4(m). The Petition for Removal in this action was filed on 1/8/2017. To date no proper proof of service has been filed as to Brian Pebley. FRCP 4(m) dismissal deadline set for 5/17/2017. (Copies have been distributed pursuant to the NEF - RFJ) [Transferred from Nevada on 9/14/2017.] |
| Filing 34 SECOND STIPULATION FOR EXTENSION OF TIME re: #17 MOTION to Transfer Venue and #18 Motion to Dismiss; filed by Defendant Ten X Holdings, LLC. (Mulliner, Timothy) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d) on 4/13/2017 (RFJ). [Transferred from Nevada on 9/14/2017.] |
| Filing 33 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey, on 4/13/2017. Re #32 stipulation. The parties filed a stipulation to extend time to file a reply brief #32 . But the stipulation is unsigned. Local Rule IC 5-1 permits electronic signatures "in the form of '/s/ [name]' or a facsimile of a handwritten signature." Neither form appears on this stipulation. Accordingly, the stipulation #32 is DENIED without prejudice to the parties' ability to file a signed stipulation. (no image attached) (Copies have been distributed pursuant to the NEF - CS) [Transferred from Nevada on 9/14/2017.] |
| Filing 32 FIRST STIPULATION FOR EXTENSION OF TIME re: #17 MOTION to Transfer Venue and #18 Motion to Dismiss; filed by Defendant Ten X Holdings, LLC. (Mulliner, Timothy) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d) on 4/13/2017 (RFJ). [Transferred from Nevada on 9/14/2017.] |
| Filing 31 REPLY to Response to #18 Motion to Dismiss, #17 Motion to Transfer filed by Defendant Ten X Holdings, LLC. (Attachments: #1 Exhibit A Declaration of Timothy R. Mulliner)(Mulliner, Timothy) [Transferred from Nevada on 9/14/2017.] |
|
Filing 30
ORDER. IT IS ORDERED that #14 Plaintiff Jeffrey Morse's Motion for Enlargement of Time to Effectuate Service of Brian Pebley and for Service by Publication is DENIED without prejudice. IT IS FURTHER ORDERED that #16 Plaintiff Jeffrey Morse's Motion to Serve Defendant Brian Pebley by Publication is DENIED without prejudice. Signed by Magistrate Judge Carl W. Hoffman on 4/3/17. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 9/14/2017.]
|
|
Filing 29
ORDER. IT IS ORDERED that #27 the parties' stipulation to stay discovery is GRANTED. IT IS FURTHER ORDERED that if the defendants' motions to dismiss or to transfer are denied, the parties must meet and confer and file a stipulated discovery plan within 21 days of the order denying those motions. IT IS FURTHER ORDERED that #11 Defendant Richard Beston's motion to stay discovery is DENIED as moot. Signed by Magistrate Judge Carl W. Hoffman on 3/30/17. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 9/14/2017.]
|
| Filing 28 REPLY to Response to #19 Motion to Dismiss, filed by Defendant John Branch. (ADR) [Transferred from Nevada on 9/14/2017.] |
| Filing 27 STIPULATION to Stay Discovery; filed by Defendant Richard Beston. (Hernquist, Robert) [Transferred from Nevada on 9/14/2017.] |
| Filing 26 CERTIFICATE of Interested Parties filed by Ten X Holdings, LLC. There are no known interested parties other than those participating in the case . (Mulliner, Timothy) [Transferred from Nevada on 9/14/2017.] |
| Filing 25 REPLY to Response to #18 Motion to Dismiss, #17 Motion to Transfer filed by Plaintiff Jeffrey Morse. Plaintiff's Opposition to Ten X Holdings, LLC's Motion to Transfer Venue or, Alternatively, to Dismiss (Attachments: #1 Exhibit Exhibits 1-6)(Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
| Filing 24 RESPONSE to #19 Motion to Dismiss, filed by Plaintiff Jeffrey Morse. Replies due by 3/20/2017. (Attachments: #1 Exhibits 1-6)(Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
| Filing 23 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 3/6/2017. IT IS ORDERED that this case is reassigned to Magistrate Judge Carl W. Hoffman for all further proceedings. All further documents must bear the correct case number 2:17-cv-00073-JAD-CWH. (no image attached) (Copies have been distributed pursuant to the NEF - RFJ) [Transferred from Nevada on 9/14/2017.] |
| Filing 22 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe, on 3/6/2017. With good cause appearing, the Honorable Magistrate Judge Nancy J. Koppe recuses herself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - NJK) [Transferred from Nevada on 9/14/2017.] |
| Filing 21 CERTIFICATE of Interested Parties filed by Jeffrey Morse that identifies all parties that have an interest in the outcome of this case. Corporate Parent Estate of Donald L. Pratt - FB Estate of Donald L. Pratt for Jeffrey Morse added. . (Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
|
Filing 20
MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #19 Motion to Dismiss,. Opposition due 14 days from the date of this Minute Order, and reply due seven 7 days after the filing of the opposition. Signed by Judge Jennifer A. Dorsey on 3/1/17. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 9/14/2017.]
|
| Filing 18 MOTION to Dismiss re #1 Petition for Removal,, by Defendant Ten X Holdings, LLC. Responses due by 3/15/2017. Discovery Plan/Scheduling Order due by 4/15/2017. (Mulliner, Timothy) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 9/14/2017.] |
| Filing 17 MOTION to Transfer Venue; filed by Defendant Ten X Holdings, LLC. Responses due by 3/15/2017. (Mulliner, Timothy) [Transferred from Nevada on 9/14/2017.] |
| Filing 16 MOTION for Service by Publication by Plaintiff Jeffrey Morse. (Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
| Filing 15 NOTICE of Non Compliance with LR IC 2-2 and Attorney Action Required: to #14 Motion to Extend Time: ERROR: Documents should have been filed as separate entries by attorney Jonathan B. Lee , pursuant to LR IC 2-2(b): "For each type of relief requested or purpose of the document, a separate document must be filed and a separate event must be selected for that document" . CORRECTION: Attorney is advised to only file the additional Motion for Service by Publication contained in document #14 as separate filing, using the appropriate Motion event pursuant to LR IC 2-2 (b) and LR IC 2-2(c). Additionally, attorney advised to properly link newly filed Motion to the appropriate document(s) already filed, pursuant to LR IC 2-2(d). (no image attached)(RFJ) [Transferred from Nevada on 9/14/2017.] |
| Filing 19 MOTION to Dismiss or Alternatively Motion to Transfer Venue by Defendant John Branch. Responses due by 3/13/2017. Discovery Plan/Scheduling Order due by 4/13/2017. (ADR) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 9/14/2017.] |
| Filing 14 FIRST MOTION to Extend Time re: Complaint contained in #1 Petition for Removal; filed by Plaintiff Jeffrey Morse. (Attachments: #1 Exhibit Affidavit of Non-Service)(Lee, Jonathan) Court Modified entry to properly establish docket entry relationship pursuant to LR IC 2-2(d) on 2/28/2017 (RFJ). [Transferred from Nevada on 9/14/2017.] |
| Filing 13 REPLY to Response to #7 Motion to Transfer, #6 Motion to Dismiss, filed by Defendant Richard Beston. (Hernquist, Robert) [Transferred from Nevada on 9/14/2017.] |
| Filing 12 NOTICE re: Complaint; filed by Jeffrey Morse. (Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
| Filing 11 MOTION to Stay Discovery file by Defendant Richard Beston. (Hernquist, Robert) [Transferred from Nevada on 9/14/2017.] |
| Filing 10 RESPONSE to #7 Motion to Transfer, #6 Motion to Dismiss,,, filed by Plaintiff Jeffrey Morse. Replies due by 2/22/2017. (Lee, Jonathan) [Transferred from Nevada on 9/14/2017.] |
| Filing 9 Joint STATUS REPORT by Defendant Richard Beston. (Hernquist, Robert) [Transferred from Nevada on 9/14/2017.] |
| Filing 8 NOTICE of Corrected Image/Document re #7 Motion to Transfer, #6 Motion to Dismiss,, by Defendant Richard Beston. (Service of corrected image is attached). (Hernquist, Robert) [Transferred from Nevada on 9/14/2017.] |
| Filing 7 MOTION to Transfer by Defendant Richard Beston. Responses due by 2/15/2017. (Attachments: #1 Exhibit 1 Declaration of Richard Beston, #2 Exhibit 2 Disclosure Statement & Subscription Agreement, #3 Exhibit 3 Promissory Note)(Hernquist, Robert) Corrected image #8 attached on 2/8/2017 (RFJ). [Transferred from Nevada on 9/14/2017.] |
| Filing 6 MOTION to Dismiss by Defendant Richard Beston. Responses due by 2/15/2017. Discovery Plan/Scheduling Order due by 3/18/2017. (Attachments: #1 Exhibit 1 -- Declaration of Richard Beston, #2 Exhibit 2 -- Confidential Disclosure Statement & Subscription Agreement, #3 Exhibit 3 -- Promissory Note)(Hernquist, Robert) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Corrected image #8 attached on 2/8/2017 (RFJ). [Transferred from Nevada on 9/14/2017.] |
| Filing 5 STATEMENT RE: REMOVAL filed by Defendant Richard Beston. (Hernquist, Robert) [Transferred from Nevada on 9/14/2017.] |
| Filing 4 CERTIFICATE of Interested Parties filed by Richard Beston. There are no known interested parties other than those participating in the case . (Hernquist, Robert) [Transferred from Nevada on 9/14/2017.] |
| Filing 3 CERTIFICATE OF SERVICE for #2 Minute Order re Removal, by Defendant Richard Beston. (Hernquist, Robert) [Transferred from Nevada on 9/14/2017.] |
| Filing 2 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey, on 1/9/2017. Statement regarding removed action is due by 1/24/2017. Joint Status Report regarding removed action is due by 2/8/2017. (Copies have been distributed pursuant to the NEF - ADR) [Transferred from Nevada on 9/14/2017.] |
| Case assigned to Judge Jennifer A. Dorsey and Magistrate Judge Nancy J. Koppe. (ADR) [Transferred from Nevada on 9/14/2017.] |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-16-747268-C, (Filing fee $ 400 receipt number 0978-4427602), filed by Richard Beston. Proof of service due by 2/26/2017. (Attachments: #1 Exhibit 1 -- Complaint filed in State Court Action, #2 Exhibit 2 -- Affidavit of Service & Summons filed in State Court Action, #3 Exhibit 3 -- Civil Cover Sheet)(Hernquist, Robert) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. [Transferred from Nevada on 9/14/2017.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
