S.T. Specialty Foods, Inc. v. Copesan Services, Inc. et al
| S.T. Specialty Foods, Inc. |
| Wil-Kil Pest Control Company, Inc. and Copesan Services, Inc. |
| 1:2018cv06268 |
| September 13, 2018 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 46
ORDER : Defendants have moved for attorneys' fees under 28 U.S.C. 1927 #33 . For the reasons below, the motion is denied. Signed by the Honorable John Z. Lee on 8/26/19. [For further details see order].Mailed notice(ca, )
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| Filing 45 NOTICE by John Sheldon Letchinger of Change of Address (Letchinger, John) |
| Filing 44 NOTICE by Matthew J Caccamo of Change of Address (Caccamo, Matthew) |
| Filing 43 NOTICE by John Conlaeth McIlwee of Change of Address (McIlwee, John) |
| Filing 42 SUR-REPLY by Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. (Defendants' Joint Sur-Sur-Reply in Support of Their Motion for Attorneys' Fees) (Stellpflug, Janet) |
| Filing 41 MINUTE entry before the Honorable John Z. Lee: The Court grants Plaintiff's motion for leave to file a sur-reply to Defendant's motion for attorneys' fees #39 . Defendants are granted leave to file a reply to the sur-reply within 7 days. No appearance is required on the motion #39 .Mailed notice (ca, ) |
| Filing 40 Plaintiff's NOTICE of Motion by John Sheldon Letchinger for presentment of motion for leave to file #39 before Honorable John Z. Lee on 3/13/2019 at 09:00 AM. (Letchinger, John) |
| Filing 39 MOTION by Plaintiff S.T. Specialty Foods, Inc. for leave to file Sur-Reply to Defendants' Motion for Attorneys' Fees (Letchinger, John) |
| Filing 38 CERTIFICATE of Service by Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. regarding reply #37 Memorandum in Support of Their Motion for Attorneys' Fees (Stellpflug, Janet) |
| Filing 37 REPLY by Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. in Support of Their Motion for Attorneys' Fees (Stellpflug, Janet) |
| Filing 36 RESPONSE by S.T. Specialty Foods, Inc. to MOTION by Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. for attorney fees Pursuant to 28 U.S.C. Sect. 1927 and the Court's Inherent Authority #33 (Letchinger, John) |
| Filing 35 MINUTE entry before the Honorable John Z. Lee:Plaintiff's response to Defendants' motion for attorneys' fees #33 shall be due by 2/27/19; any reply due by 3/6/19. Mailed notice (ca, ) |
| Filing 34 MEMORANDUM by Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. in support of motion for attorney fees #33 (Stellpflug, Janet) |
| Filing 33 MOTION by Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. for attorney fees Pursuant to 28 U.S.C. Sect. 1927 and the Court's Inherent Authority (Stellpflug, Janet) |
| Filing 32 NOTICE of Motion by Scott J. Brown for presentment of before Honorable John Z. Lee on 2/20/2019 at 09:00 AM. (Brown, Scott) |
| Filing 31 ENTERED JUDGMENT Signed by the Courtroom Deputy on 1/28/19. Mailed notice(ca, ) |
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Filing 30
ORDER: Plaintiff, a manufacturer of food products, has sued Wil-Kil, a pesticide applicator, for negligently fumigating its facility in Minnesota, and Copesan Services, who owns Wil-Kil, for breach of contract and indemnification. Plaintiff alleges venue in this district is proper under the fallback provision in 28 U.S.C. 1391(b)(3) because, according to Plaintiff, there is no district in which this action may otherwise be brought under section 1391(b). Compl. 8. Pursuant to Federal Rule of Civil Procedure 12(b)(3) and 28 U.S.C. 1406(a), Defendants have moved to dismiss the case for improper venue, or in the alternative, to transfer the case to the District of Minnesota. For the following reasons, the motion to dismiss is granted and the motion to transfer is denied as moot #20 . This case is dismissed without prejudice. Signed by the Honorable John Z. Lee on 1/28/19. Mailed notice(ca, )
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| Filing 29 MINUTE entry before the Honorable John Z. Lee:This case is stayed pending the Court's ruling on the pending motion to dismiss or transfer. The status hearing set for 12/18/18 is reset to 1/31/19 at 9:00 a.m.Mailed notice (ca, ) |
| Filing 28 STATUS Report Initial by S.T. Specialty Foods, Inc. (Caccamo, Matthew) |
| Filing 27 MEMORANDUM by Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. in support of motion to dismiss, #20 or Transfer (Stellpflug, Janet) |
| Filing 26 RESPONSE by S.T. Specialty Foods, Inc. to MOTION by Defendants Wil-Kil Pest Control Company, Inc., Copesan Services, Inc. to dismiss for Improper Venue and Alternatively for Transfer #20 (Attachments: #1 Exhibit A, #2 Declaration B)(Letchinger, John) |
| Filing 25 ATTORNEY Appearance for Plaintiff S.T. Specialty Foods, Inc. by Matthew J Caccamo (Caccamo, Matthew) |
| Filing 24 MINUTE entry before the Honorable John Z. Lee:The status hearing set for 11/1/18 is reset to 12/18/18 at 9:00 a.m.Mailed notice (ca, ) |
| Filing 23 MINUTE entry before the Honorable John Z. Lee:Plaintiff's response to Defendants' motion to dismiss for improper venue or alternatively to transfer #20 shall be due by 11/8/18; reply due by 11/22/18. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 22 AFFIDAVIT by Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. in Support of MOTION by Defendants Wil-Kil Pest Control Company, Inc., Copesan Services, Inc. to dismiss for Improper Venue and Alternatively for Transfer #20 Declaration of Joe Tauchen (Attachments: #1 Exhibit Exhibit A to Declaration of Joe Tauchen)(Stellpflug, Janet) |
| Filing 21 MEMORANDUM by Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. in support of motion to dismiss, #20 for Improper Venue and Alternatively for Transfer (Stellpflug, Janet) |
| Filing 20 MOTION by Defendants Wil-Kil Pest Control Company, Inc., Copesan Services, Inc. to dismiss for Improper Venue and Alternatively for Transfer (Attachments: #1 Copesan's Notification as to Affiliates, #2 Wil-Kil's Notification as to Affiliates)(Stellpflug, Janet) |
| Filing 19 NOTICE of Motion by Scott J. Brown for presentment of before Honorable John Z. Lee on 10/24/2018 at 09:00 AM. (Brown, Scott) |
| Filing 18 SUMMONS Returned Executed by S.T. Specialty Foods, Inc. as to Wil-Kil Pest Control Company, Inc. on 9/26/2018, answer due 10/17/2018. (Letchinger, John) |
| Filing 17 SUMMONS Returned Executed by S.T. Specialty Foods, Inc. as to Copesan Services, Inc. on 9/24/2018, answer due 10/15/2018. (Letchinger, John) |
| Filing 16 Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project by S.T. Specialty Foods, Inc. (McIlwee, John) |
| Filing 15 Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project by S.T. Specialty Foods, Inc. (Letchinger, John) |
| Filing 14 ATTORNEY Appearance for Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. by James A. Foster (Foster, James) |
| Filing 13 ATTORNEY Appearance for Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. by Scott J. Brown (Brown, Scott) |
| Filing 12 ATTORNEY Appearance for Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. by John Charles Gardner (Gardner, John) |
| Filing 11 ATTORNEY Appearance for Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. by John Thomas (Thomas, John) |
| Filing 10 ATTORNEY Appearance for Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. by Janet Stellpflug (Stellpflug, Janet) |
| Filing 9 MINUTE entry before the Honorable John Z. Lee:Motions to appear pro hac vice by Janet Stellpflug #7 and John Thomas #8 are granted. Mailed notice (ca, ) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14995930. (Thomas, John) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14995634. (Stellpflug, Janet) |
| SUMMONS Issued as to Defendants Copesan Services, Inc., Wil-Kil Pest Control Company, Inc. (yt) |
| Filing 6 MINUTE entry before the Honorable John Z. Lee: Initial status hearing set for 11/1/18 at 9:00 a.m. Judge Lee participates in the Mandatory Initial Discovery Pilot Project ("Project"). The Project applies to all cases filed on or after June 1, 2017, excluding the following: (1) cases exempted by Rule 26(a)(1)(B), (2) actions brought by a person in the custody of the United States, a state, or a state subdivision, regardless of whether an attorney is recruited, (3) actions under the Private Securities Litigation Reform Act, (4) patent cases governed by the Local Patent Rules, and (5) cases transferred for consolidated administration in the District by the Judicial Panel on Multidistrict Litigation ("Exempt Cases").For all cases to which the Project applies, Judge Lee requires (1) each attorney appearing on behalf of Plaintiff(s) to file a "Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project" form within 28 days after the filing of the Complaint and (2) each attorney appearing on behalf of Defendant(s) to file the certification form with the Answer. The parties are directed to file a joint initial status report four business days prior to the initial status hearing. The certification form and initial status report requirements are set forth in Judge Lee's standing order regarding the "Mandatory Initial Discovery Pilot Project" available on the Courts website. For all Exempt Cases, the parties are directed to file a joint initial status report four business days prior to the initial status hearing in accordance with the standing order governing "Initial Status Report in Cases Exempt from the Mandatory Initial Discovery Pilot Project" also available on the Court's website. Mailed notice (ca, ) |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and 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 following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (kp, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff S.T. Specialty Foods, Inc. by John Conlaeth McIlwee (McIlwee, John) |
| Filing 3 ATTORNEY Appearance for Plaintiff S.T. Specialty Foods, Inc. by John Sheldon Letchinger (Letchinger, John) |
| Filing 2 CIVIL Cover Sheet (Letchinger, John) |
| Filing 1 COMPLAINT filed by S.T. Specialty Foods, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-14944759.(Letchinger, John) |
| CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Michael T. Mason. (pj, ) |
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