Progress Rail Services Corporation v. Ragnar Benson Construction, LLC et al
| Progress Rail Services Corporation |
| Chicago Transit Authority, Ragnar Benson Construction, LLC and GAI Consultants, Inc. |
| 1:2020cv02491 |
| April 23, 2020 |
| US District Court for the Northern District of Illinois |
| Rebecca R Pallmeyer |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Defendant |
Docket Report
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This docket was last retrieved on December 15, 2022. A more recent docket listing may be available from PACER.
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| Filing 61 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Pursuant to Notice of Stipulation of Dismissal with Prejudice #60 , this case is dismissed with prejudice, with each party to bear their own respective fees and costs. Civil case terminated. Mailed notice. (cp, ) |
| Filing 60 STIPULATION of Dismissal NOTICE OF STIPULATION OF DISMISSAL WITH PREJUDICE (Brooks, Edwin) |
| Filing 59 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court thanks counsel for their recent status report #58 . At their request, and for the reasons set forth in the report, stay of this litigation remains in place. Parties are directed to file a further written status report within 90, or within 14 days after resolution of the Winnebago County litigation, whichever is earlier. Mailed notice. (cp, ) |
| Filing 58 STATUS Report by Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 57 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court thanks counsel for their recent status report. Stay of this litigation remains in place. Parties are directed to file a further written status report within 90, or within 14 days after resolution of the Winnebago County litigation, whichever is earlier. Mailed notice (mjc, ) |
| Filing 56 STATUS Report Regarding Winnebago County Proceedings by Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 55 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Attorney Rodger A. Heaton's motion to withdraw as attorney for Progress Rail Services Corporation #54 is granted. Mailed notice (gel, ) |
| Filing 54 MOTION by Attorney Rodger A. Heaton to withdraw as attorney for Progress Rail Services Corporation. No party information provided (Heaton, Rodger) |
| Filing 53 ATTORNEY Appearance for Plaintiff Progress Rail Services Corporation by Edwin Earl Brooks (Brooks, Edwin) |
| Filing 52 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court thanks the parties for their recent status report #51 . Stay of this case remains in effect. Parties will submit a further written status report on July 15, 2022 or 14 days after resolution of the Winnebago County litigation, whichever date is earlier. Mailed notice (vcf, ) |
| Filing 51 STATUS Report by Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 50 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court thanks the parties for their recent status report #49 . Stay of this case remains in effect. Parties will submit a further written status report on April 15, 2022 or 14 days after resolution of the Winnebago County litigation, whichever date is earlier. (rbf, ) |
| Filing 49 STATUS Report by Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 48 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court acknowledges receipt of the parties' joint status report and directs them to file a further report on or before January 17 concerning the status of the Winnebago, Illinois ligation, or 14 days after that case is resolved, whichever date is earlier. (rbf, ) |
| Filing 47 STATUS Report by Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 46 MINUTE entry before the Honorable Rebecca R. Pallmeyer: As proposed in their recent status report, the parties are directed to submit a further status report in 90 days to report on the status of the proceedings in Winnebago County, Illinois, or within 14 days after resolution of that matter, whichever is earlier. Notices mailed by judge's staff. (rbf, ) |
| Filing 45 STATUS Report by Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 44 MINUTE entry before the Honorable Rebecca R. Pallmeyer: At the request of the parties, set forth in their joint written status report, the court directs that this case remains stayed. Parties will submit a further status report on July 15, to report on the status of the proceedings in Winnebago County, Illinois, or within 14 days after resolution of that matter, whichever is earlier. Notice mailed by judge's staff (ntf, ) |
| Filing 43 STATUS Report Joint by Chicago Transit Authority, GAI Consultants, Inc., Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 42 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court acknowledges receipt of the parties' joint status report. Stay of this case is continued. Parties are directed to file a further report on or before April 15, 2021, or within 14 days of the resolution of the case pending in Winnebago County, whichever is earlier. Notice mailed by judge's staff (ntf, ) |
| Filing 41 STATUS Report Joint by Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 40 MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court acknowledges the parties' written status report. This case remains stayed pending the outcome of proceedings in Winnebago County. Parties shall file a joint written status report within 90 days, by 1/22/2021, or 14 days after resolution of the case, whichever is earlier. Notice mailed by judge's staff (ntf, ) |
| Filing 39 STATUS Report Joint by Chicago Transit Authority, GAI Consultants, Inc., Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 38 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephone motion hearing held. For the reasons stated on the record, this case is stayed pending the outcome of proceedings in Winnebago County. By filing this lawsuit, Progress Rail Services gives notice of its lien. Defendant's motion to stay #10 is stricken without prejudice as moot. Parties shall file a joint written status report within 90 days, by 10/20/2020. Notice mailed by judge's staff (ntf, ) |
| Filing 37 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Telephonic hearing on Defendant's motion to stay #10 is scheduled for 7/22/2020 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 877-336-1839 and the access code is 6708061. Counsel of record will receive an email 15 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Notice mailed by judge's staff (ntf, ) |
| Filing 36 ANSWER to amended complaint by GAI Consultants, Inc.(Altman, Erin) |
Filing 35
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket)
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| Filing 34 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's joint motion to extend deadline to submit joint written status report and proposed discovery plan #33 is granted to and including 7/24/2020. Notice mailed by judge's staff (ntf, ) |
| Filing 33 MOTION by Plaintiff Progress Rail Services Corporation for extension of time "Joint Motion To Extend Deadline To Submit Joint Written Status Report And Proposed Discovery Plan" (Holzheimer, Richard) |
| Filing 32 NOTICE by Ragnar Benson Construction, LLC re reply #31 (Franco, Robert) |
| Filing 31 REPLY by Defendant Ragnar Benson Construction, LLC to motion to stay #10 (Franco, Robert) |
| Filing 30 RESPONSE by Progress Rail Services Corporationin Opposition to MOTION by Defendant Ragnar Benson Construction, LLC to stay or abstain based on parallel state court proceedings #10 (Holzheimer, Richard) |
| Filing 29 ATTORNEY Appearance for Defendant GAI Consultants, Inc. by Marisa K. Perry (Perry, Marisa) |
| Filing 28 ATTORNEY Appearance for Defendant GAI Consultants, Inc. by Robert Jay Harris (Harris, Robert) |
| Filing 27 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Parties are directed to submit a joint written status report and proposed discovery plan on or before July 10, 2020. Notice mailed by judge's staff (ntf, ) |
| Filing 26 Defendant Chicago Transit Authority's ANSWER to amended complaint by Chicago Transit Authority(Bora, Jeffrey) |
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Filing 25
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, )
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| Filing 24 MINUTE entry before the Honorable Rebecca R. Pallmeyer: As Defendant has not answered the original complaint, Plaintiff's motion for leave to amend #21 is granted without prejudice to the pending motion #10 to stay or abstain. Briefing schedule on that motion remains in effect. Notice mailed by judge's staff (ntf, ) |
| Filing 23 ATTORNEY Appearance for Defendant Chicago Transit Authority by Jeffrey C Bora (Bora, Jeffrey) |
| Filing 22 AMENDED complaint by Progress Rail Services Corporation against All Defendants (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Holzheimer, Richard) |
| Filing 21 MOTION by Plaintiff Progress Rail Services Corporation to amend/correct complaint,, #1 Motion to File Amended Complaint (Attachments: #1 Exhibit 1 - A Track Change-Version of the Amended Complaint (excluding Exhibits referenced therein))(Holzheimer, Richard) |
| Filing 20 ATTORNEY Appearance for Plaintiff Progress Rail Services Corporation by Richard Dean Holzheimer, Jr (Amended) (Holzheimer, Richard) |
| Filing 19 WAIVER OF SERVICE returned executed by Progress Rail Services Corporation. Chicago Transit Authority waiver sent on 4/23/2020, answer due 6/22/2020. (Holzheimer, Richard) |
| Filing 18 WAIVER OF SERVICE returned executed by Progress Rail Services Corporation. GAI Consultants, Inc. waiver sent on 5/6/2020, answer due 7/6/2020. (Holzheimer, Richard) |
| Filing 17 ATTORNEY Appearance for Plaintiff Progress Rail Services Corporation by Richard Dean Holzheimer, Jr (Holzheimer, Richard) |
| Filing 16 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for leave to appear pro hac vice #15 is granted. Attorney Richard Dean Holzheimer, Jr. is given leave to file an attorney appearance form on behalf of Plaintiff. Notice mailed by judge's staff (ntf, ) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16995029. (Holzheimer, Richard) |
| Filing 14 MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant Ragnar Benson Construction, LLC.'s motion to stay or abstain based on parallel state court proceedings #10 is taken under advisement. Plaintiff's response shall be filed by 7/1/2020. Defendant's reply in support shall be filed by 7/22/2020. The court will rule electronically. Notice mailed by judge's staff (ntf, ) |
| Filing 13 ATTORNEY Appearance for Defendant Ragnar Benson Construction, LLC by Robert J. Franco, II Amended (Franco, Robert) |
| Filing 12 Rule 7.1 and Local Rule 3.2 Disclosure Statement by Ragnar Benson Construction, LLC (Slade, Randall) |
| Filing 11 NOTICE by Ragnar Benson Construction, LLC re MOTION by Defendant Ragnar Benson Construction, LLC to stay or abstain based on parallel state court proceedings #10 (Franco, Robert) |
| Filing 10 MOTION by Defendant Ragnar Benson Construction, LLC to stay or abstain based on parallel state court proceedings (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Franco, Robert) |
| Filing 9 JURY Demand (Franco, Robert) |
| Filing 8 ATTORNEY Appearance for Defendant Ragnar Benson Construction, LLC by Robert J. Franco, II (Franco, Robert) |
| Filing 7 ATTORNEY Appearance for Defendant Ragnar Benson Construction, LLC by Randall W Slade (Slade, Randall) |
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Filing 6
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket10, )
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| Filing 4 Rule 7.1 and Local Rule 3.2 Corporate Disclosure Statement by Progress Rail Services Corporation (Heaton, Rodger) |
| Filing 3 ATTORNEY Appearance for Plaintiff Progress Rail Services Corporation by Rodger A Heaton (Heaton, Rodger) |
| Filing 2 CIVIL Cover Sheet (Heaton, Rodger) |
| Filing 1 COMPLAINT filed by Progress Rail Services Corporation; Filing fee $ 400, receipt number 0752-16950150. (Attachments: #1 Exhibit Prime Contract, #2 Exhibit Ragnar Benson-GAI Contract, #3 Exhibit PRS Subcontract with GAI, #4 Exhibit Approved Change Orders, #5 Exhibit Chart of Approved Change Orders, #6 Exhibit Progress Rail Notice of Lien, #7 Exhibit CMRRR Receipt of Notice Sent to CTA, #8 Exhibit Affidavit of Service on CTA, #9 Exhibit CMRRR Notice of Lien to Ragnar Benson, #10 Exhibit CMRRR Notice of Lien on Public Funds to GAI)(Heaton, Rodger) |
| CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (rc, ) |
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Filing 5
ORDER: Second Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice (rc, )
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