Gleghorn v. Mika Logistics Inc. et al
| Julius Gleghorn, Eldridge Cherry, Ravinder Lalsandhu and Carlos Cunningham |
| Mika Logistics Inc. and Sergei |
| 1:2021cv01357 |
| March 11, 2021 |
| US District Court for the Northern District of Illinois |
| Gabriel A Fuentes |
| John J Tharp |
| Labor: Fair Standards |
| 28 U.S.C. § 451 |
| Both |
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This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.
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Filing 76
MINUTE entry before the Honorable Gabriel A. Fuentes: The Court having reviewed the parties' joint written status report (doc. #75 ), the Court enters the following discovery schedule: (1) Rule 26(a)(1) disclosures remain due on 5/14/21; (2) written discovery requests are to be served by no later than 5/28/21; and (3) fact discovery cutoff is set for 12/17/21. A joint written status report is to be filed by noon on 10/22/21 addressing the progress of discovery, including (1) whether the parties believe additional time will be needed to complete fact discovery; (2) if so, what discovery remains to be done; and (3) any proposed contested or agreed schedule for expert discovery, if any expert discovery is anticipated. Mailed notice. (jj, )
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Filing 75
STATUS Report Updated Joint Status Report by Eldridge Cherry, Carlos Cunningham, Julius Gleghorn, Ravinder Lalsandhu (Barack, Max)
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Filing 74
AMENDED complaint by Julius Gleghorn, Ravinder Lalsandhu, Eldridge Cherry, Carlos Cunningham against All Plaintiffs (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Barack, Max)
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Filing 73
MINUTE entry before the Honorable Gabriel A. Fuentes: Defendant's motion to withdraw (doc. #72 ) is granted; no appearance on the motion is required. The Clerk of the Court is hereby ordered to terminate the appearance of Attorney Steven A. Ahillen as counsel for defendant Mika Logistics Inc. Mailed notice. (jj, )
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Filing 72
MOTION by Attorney Steven A. Ahillen to withdraw as attorney for Mika Logistics Inc.. No party information provided (Ahillen, Steven)
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Filing 71
MINUTE entry before the Honorable Gabriel A. Fuentes: Upon review of the parties' status report (doc. #70 ), the Court commends the parties for their thoughtful and reasonable report and welcomes them to the Northern District of Illinois. The Court grants plaintiff to noon on 4/23/21 to file an amended complaint, and no motion for leave is necessary. Defendant is granted until noon on 5/14/21 to answer the amended complaint. The parties are directed to confer under Rule 26(f) by 4/30/21, with Rule 26(a)(1) disclosures due on 5/14/21. Additionally, the parties are directed to file a joint written status report by noon on 5/7/21, addressing the following two issues: (1) the parties' discovery plan and a proposed agreed or contested discovery schedule for the Court's consideration; and (2) whether, upon filing and review of the amended complaint, the parties have interest in a settlement conference. Mailed notice. (jj, )
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Filing 70
STATUS Report by Julius Gleghorn (Faron, Michelle)
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Filing 69
ATTORNEY Appearance for Plaintiff Julius Gleghorn by Andrew Galper Fullett (Fullett, Andrew)
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Filing 68
ATTORNEY Appearance for Plaintiff Julius Gleghorn by Max Phillip Barack (Barack, Max)
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Filing 67
ATTORNEY Appearance for Defendant Mika Logistics Inc. by Brian Joseph Sharpe (Sharpe, Brian)
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Filing 66
ATTORNEY Appearance for Defendant Mika Logistics Inc. by Martin K. LaPointe (LaPointe, Martin)
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Filing 65
MINUTE entry before the Honorable Gabriel A. Fuentes: This matter coming before the magistrate judge on consent (doc. #64 ), the Court orders an initial status report to be filed by noon on 4/02/21. The parties are directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, available on the Court's website, including for the format and content of the initial status report. In particular, the Court would like detail on the state of the pleadings, the nature of discovery taken so far if any, and the parties proposed or contested plan and timetable for the completion of discovery after they have conferred under Rule 26(f). Upon review of the status report, the Court may order a further telephonic status hearing or may set a date for a joint, written, discovery status progress report. Mailed notice. (jj, )
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Filing 64
ORDER REASSIGNING: Case reassigned to the Honorable Gabriel A. Fuentes for all further proceedings, parties having consented to the reassignment. Honorable John J. Tharp, Jr no longer assigned to the case. Signed by Honorable John J. Tharp, Jr on 03/17/2021. (rc, )
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Filing 63
MINUTE entry before the Honorable John J. Tharp, Jr: Upon transfer of this case from the Southern District of Illinois, this case has been assigned to the docket of Judge John J. Tharp, Jr. The parties having consented to the jurisdiction of a Magistrate Judge to conduct any and all proceedings in this case #6 #33 , and pursuant to LR 73.1(b), this case is transferred to the calendar of Magistrate Judge Gabriel Fuentes, the assigned Magistrate Judge. Mailed notice (air, )
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Filing 62
DOCUMENT ENTERED IN ERROR. Modified on 3/15/2021 (air, ). (Additional attachment(s) added on 3/15/2021: #1 Incorrect Entry) (air, ).
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Filing 61
MAILED Rule 83.15 Letter to all counsel of record. (bg, )
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Filing 60
RECEIVED from Illinois Southern; Case Number 3:19-cv-01295 (bg)
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Filing 59
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Defendant Mika Logistics asked the Court to dismiss this case for improper venue pursuant to Rule 12(b)(3), or in the alternative, to transfer it to the Northern District of Illinois pursuant to 28 U.S.C. sec. 1404(a) (Doc. 45; Doc. 46). Plaintiff Julius Gleghorn filed a response indicating that he consented to transferring the case (Doc. 55). After its own review of Defendant's brief, the Court agrees with the parties that venue is proper in the Northern District of Illinois and the factors related to convenience and the interest of justice weigh in favor of a transfer to that district. See 28 U.S.C. sec. 1404(a). Accordingly, Defendant's Motion to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue (Doc. 45) is GRANTED in part and MOOT in part. The request to transfer is granted, rendering the motion to dismiss moot. The Clerk of Court is DIRECTED to transfer this case to the Northern District of Illinois. Signed by Magistrate Judge Mark A. Beatty on 3/10/21. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 58
ORDER: Plaintiff filed a document titled "Stipulation of Dismissal of Sergei Last Name Unknown," in which he indicates that he is voluntarily dismissing his claims against Defendant Sergei LNU with prejudice, each party to bear their own costs and fees (Doc. #56 ). The submission, however, is ineffective as a Stipulation of Dismissal because it was not signed by all the parties who have appeared in the action. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Plaintiff's submission is therefore construed as a motion to dismiss, and the motion is GRANTED. Sergei LNU is DISMISSED with prejudice as a defendant in this matter. The dismissal is pursuant to the Court's inherent authority to dismiss individual claims, rather than Rule 41(a). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) ("Rule 41(a) does not speak of dismissing one claim in a suit; it speaks of dismissing 'an action' which is to say, the whole case."); 9 CHARLES ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE 2362 (4th ed.) ("The power to drop some plaintiffs or defendants from the suit plainly exists, either explicitly in the Federal Rules or in the district court's inherent power."); Jose-Nicolas v. Berry, No. 3:15-CV-964-NJR-DGW, 2018 WL 1466769, at *4 (S.D. Ill. Mar. 2, 2018). The dismissal of Sergei LNU renders MOOT his Motion to Dismiss for Defective Service or to Quash Service (Doc. #47 ). Signed by Magistrate Judge Mark A. Beatty on 3/8/2021. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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*** Party Sergei (LNU) terminated. (clt) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 57
MEMORANDUM in Support re #45 MOTION to Dismiss or Transfer Venue Defendant's Memorandum Consenting To Transfer To The Northern District of Illinois filed by Mika Logistics Inc.. (Ahillen, Steven) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 56
NOTICE by Julius Gleghorn to Dismiss Defendant Sergei Last Name Unknown (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 55
RESPONSE to Motion re #45 MOTION to Dismiss or Transfer Venue Consenting to the Motion to Transfer Venue filed by Julius Gleghorn. (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 54
SCHEDULING ORDER: Discovery due by 7/8/2021. Dispositive Motions due by 7/23/2021. Telephonic Status Conference set for 6/9/2021 at 10:30 AM before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0791. Signed by Magistrate Judge Mark A. Beatty on 2/10/2021. (jmj) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 53
Minute Entry for Rule 16 Scheduling Conference held on 2/10/2021 before Magistrate Judge Mark A. Beatty: Attorney Michelle Faron appears on behalf of Plaintiff. Attorney Steven Ahillen appears on behalf of Defendant. The Court has received and reviewed the Joint Report of Parties and Proposed Scheduling and Discovery Order. As the proposed dates conform with the Local Rules established for the Southern District of Illinois district court, the report is accepted and shall be filed. The parties raised the issue of a potential stay of discovery with the Court, given the pending motions. The Court and the parties discuss prioritizing certain discovery over other forms while the motions are pending and discovery stipulations pursuant to FRCP 29. The Court informs the parties that if additional time is needed for discovery or to continue the November trial setting, the parties should meet and confer at that time and the Court will work with the parties. At this time the Court will not stay discovery. The parties are directed to review the Court's case management procedures with regard to discovery disputes. A status hearing will be set 120 days out by further order of the Court, at which time the parties should be prepared to discuss the progress made on discovery and the utility of scheduling a settlement conference or referral to mediation. If at any time the parties determine that a settlement conference would be beneficial, they are directed to contact the court and a status conference will be set to discuss this matter further. (Court Reporter n/a.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 52
ORDER GRANTING #50 Motion for Extension of Time to File Response. Plaintiff's responses to #45 MOTION to Dismiss or Transfer Venue and #47 MOTION to Dismiss For Defective Service Or To Quash Service are due on or before 2/26/2021. Signed by Magistrate Judge Mark A. Beatty on 2/5/21. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 51
Consent MOTION for Extension of Time to File Response/Reply as to #47 MOTION to Quash Defendant Sergey Vlaso's Motion To Dismiss For Defective Service Or To Quash Service by Julius Gleghorn. (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 50
Consent MOTION for Extension of Time to File Response/Reply as to #45 MOTION to Dismiss or Transfer Venue by Julius Gleghorn. (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 49
MEMORANDUM in Support re #47 MOTION to Quash Defendant Sergey Vlaso's Motion To Dismiss For Defective Service Or To Quash Service Defendant Sergey Vlaso's Memorandum Of Law In Support Of His Motion To Dismiss For Defective Service Or In The Alternative To Quash Service filed by Sergei. (Attachments: #1 Exhibit A)(Ahillen, Steven) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 48
NOTICE OF MODIFICATION re #47 Motion to Quash filed by Mika Logistics Inc. Document updated, per filer, to reflect correct Defendant. No further action is required by the filer in relation to this notification. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 47
MOTION to Quash Defendant Sergey Vlaso's Motion To Dismiss For Defective Service Or To Quash Service by Defendant Sergei. (Ahillen, Steven) Modified on 1/29/2021 (ack). [Transferred from Illinois Southern on 3/11/2021.]
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Filing 46
MEMORANDUM in Support re #45 MOTION to Dismiss or Transfer Venue Defendants' Memorandum Of Law In Support Of Defendants' Motion To Dismiss For Improper Venue Or In The Alternative To Transfer Venue filed by Mika Logistics Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ahillen, Steven) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 45
MOTION to Dismiss or Transfer Venue by Mika Logistics Inc.. Responses due by 3/4/2021 (Ahillen, Steven) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 44
ORDER SETTING SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for 2/10/2021 at 10:30 AM before Magistrate Judge Mark A. Beatty. Joint Report of the Parties due seven days before the conference. The parties are reminded that the proposed discovery and dispositive motions deadlines must be in compliance with the requirements set forth in this Court's form order. See also SDIL-LR 7.1(f) and Timetable. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 1295. Signed by Magistrate Judge Mark A. Beatty on 12/29/2020. (jmj) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 43
CJRA TRACK B assigned: Final Pretrial Conference set for 10/20/2021 at 10:00 AM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Presumptive Jury Trial month is set for November 2021. Signed by Magistrate Judge Mark A. Beatty on 12/29/2020. (jmj) [Transferred from Illinois Southern on 3/11/2021.]
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***Deadlines/Hearings terminated. Answer due date reset for 1/29/21 (amv) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 42
ORDER: Defendants' Motion to Set Aside Clerk's Entry of Default (Doc. #32 ) is GRANTED. The entries of Default against Defendants Mika Logistics and Sergei Vlasov (Doc. #15 ) are VACATED. Plaintiff's Motion for Default Judgment against Defendant Mika Logistics Inc. (Doc. #23 ) is DENIED as moot. Plaintiff's request for fees and costs associated with obtaining the entry of default and responding to Defendants' motion to set aside (see Doc. 38, p. 7) is DENIED. Defendants shall file their answer or other responsive pleading to the complaint (Doc. 1) on or before January 29, 2021. Signed by Magistrate Judge Mark A. Beatty on 12/22/2020. (klh2) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 41
REPLY to Response to Motion re #32 MOTION to Set Aside Clerk's Entry of Default Defendant's Reply To Plaintiff's Response To Defendants' Motion To Set Aside Clerk's Entry Of Default filed by Mika Logistics Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ahillen, Steven) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 40
ORDER GRANTING #39 Motion for Extension of Time. The deadline for Defendants to file a reply in support of #32 MOTION to Set Aside Clerk's Entry of Default is EXTENDED to September 8, 2020. Signed by Magistrate Judge Mark A. Beatty on 8/28/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 39
MOTION for Extension of Time Consent Motion To Extend The Deadline For Defendant's Reply to Plaintiff's Response In Opposition To Defendants' Motion To Set Aside The Clerk's Entry of Default by Mika Logistics Inc.. (Ahillen, Steven) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 38
RESPONSE in Opposition re #32 MOTION to Set Aside Clerk's Entry of Default filed by Julius Gleghorn. (Attachments: #1 Exhibit Exhibit 1: Letter from Tom Mika to EEOC, #2 Exhibit Exhibit 2: Certified Mail Receipt for Letter to Mika Dated 1.16.20, #3 Exhibit Exhibit 3: Tracking Receipt for Certified Mail Receipt for Letter Dated 7.1.20, #4 Exhibit Exhibit 4: Affidavit of Ravinder Lalsandhu, #5 Exhibit Exhibit 5: Certified Mail Receipt for Letter to Sergei Dated 1.16.20)(Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 37
ORDER GRANTING #36 Motion for Extension of Time. Plaintiff's response to #32 MOTION to Set Aside Clerk's Entry of Default is now due on or before August 24, 2020. Signed by Magistrate Judge Mark A. Beatty on 8/6/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 36
Consent MOTION for Extension of Time to file a Response to Defendant's Motion to Set Aside the Clerk's Entry of Default and Incorporated Suggestions in Support by Julius Gleghorn. (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 35
NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 19-1295-MAB. Any District Judge previously assigned will no longer be assigned to this case. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 34
NOTICE OF MODIFICATION re #33 Notice filed by Mika Logistics Inc., Sergei. Incorrect event selected. The correct event for this document is found at Other Filings>Other Documents>Consent/Non-Consent to US Magistrate Judge. Docket text and security restriction modified by Clerk's Office. No further action is required by the filer in relation to this notification. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 33
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Ahillen, Steven) Modified on 8/5/2020 (rah). [Transferred from Illinois Southern on 3/11/2021.]
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Filing 32
MOTION to Set Aside Clerk's Entry of Default by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ahillen, Steven) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 31
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #27 Motion to Dismiss filed by Mika Logistics Inc., #29 Motion to Set Aside filed by Mika Logistics Inc., Sergei, #28 Motion to Dismiss filed by Mika Logistics Inc., Sergei. Pleadings are stricken per filer's request. Documents contain incorrect information. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 30
NOTICE FROM CLERK Instructing Mika Logistics Inc. and Sergei to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Mika Logistics Inc. and Sergei on 8/3/20. Consent due by 8/24/2020. (rah) [Transferred from Illinois Southern on 3/11/2021.]
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***Motions terminated: #29 MOTION to Set Aside Clerk's Entry of Default filed by Mika Logistics Inc., Sergei, #28 MOTION to Dismiss For Improper Venue filed by Mika Logistics Inc., Sergei, #27 MOTION to Dismiss As Defendant Sergey Vlasov Based on Insufficent Services of Process filed by Mika Logistics Inc.. (cds) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 29
STRICKEN - MOTION to Set Aside Clerk's Entry of Default by All Defendants. (Attachments: #1 Exhibit, #2 Exhibit)(Ahillen, Steven) Modified on 8/3/2020 (cds). [Transferred from Illinois Southern on 3/11/2021.]
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Filing 28
STRICKEN - MOTION to Dismiss For Improper Venue by All Defendants. Responses due by 9/3/2020 (Ahillen, Steven) Modified on 8/3/2020 (cds). [Transferred from Illinois Southern on 3/11/2021.]
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Filing 27
STRICKEN - MOTION to Dismiss As Defendant Sergey Vlasov Based on Insufficent Services of Process by Mika Logistics Inc.. Responses due by 9/3/2020 (Ahillen, Steven) Modified on 8/3/2020 (cds). [Transferred from Illinois Southern on 3/11/2021.]
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Filing 26
NOTICE of Appearance by Steven A. Ahillen on behalf of Mika Logistics Inc. and Sergei. (Ahillen, Steven) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 25
NOTICE by Julius Gleghorn re #24 Memorandum in Support of Motion,,, #23 MOTION for Default Judgment as to Sums Certain Against Mika Logistics Certificate of Service (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 24
MEMORANDUM in Support re #23 MOTION for Default Judgment as to Sums Certain Against Mika Logistics filed by Julius Gleghorn. (Attachments: #1 Exhibit Exhibit A: Certificate of Good Standing with the Illinois Secretary of State, #2 Exhibit Exhibit B: Company Snapshot on the US Department of Labor Website, #3 Exhibit Exhibit C: Sheriff's Office Return Service Original, #4 Exhibit Exhibit D: EEOC Right to Sue, #5 Exhibit Exhibit E: Tom Mika's Letter to the EEOC regarding Julius Gleghorn, #6 Exhibit Exhibit F: Affidavit of Julius Gleghorn, #7 Exhibit Exhibit G: Affidavit of Ravindar Lalsandhu, #8 Exhibit Exhibit H: Affidavit of Michelle K. Faron, #9 Certificate of Service)(Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 23
MOTION for Default Judgment as to Sums Certain Against Mika Logistics by Julius Gleghorn. (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 22
ORDER GRANTING #21 Motion for Extension of Time. Plaintiff's deadline to refile his motion(s) for default judgment is EXTENDED to July 1, 2020. Signed by Magistrate Judge Mark A. Beatty on 5/29/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 21
MOTION for Extension of Time by Julius Gleghorn. (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 20
ORDER DENYING without prejudice #16 and #17 Motions for Default Judgment. Plaintiff shall have until June 1, 2020 to refile the motions along with the necessary certifications and supporting documentation. Failure to refile the motions by the deadline may result in the dismissal of this action for want of prosecution. Signed by Magistrate Judge Mark A. Beatty on 4/17/20. (klh2) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 19
NOTICE of Change of Address by Michelle K. Faron (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 18
NOTICE OF MODIFICATION re #17 Motion for Default Judgment filed by Julius Gleghorn, #16 Motion for Default Judgment filed by Julius Gleghorn. Proposed orders were attached to the main documents. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed orders to be deleted in accordance with this Court's practices. Proposed documents need to be e-mailed to the proper judge. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 17
MOTION for Default Judgment as to Costs for Sergei by Julius Gleghorn. (Attachments: #1 Affidavit Attorney's Affidavit, # 2 Exhibit Proposed Judgement, #3 Exhibit Certificate of Service)(Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 16
MOTION for Default Judgment as to Costs for Mika Logistics by Julius Gleghorn. (Attachments: #1 Affidavit Attorney's Affidavit, # 2 Exhibit Proposed Judgement, #3 Exhibit Certificate of Service)(Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 15
VACATED Clerk's ENTRY OF DEFAULT as to Mika Logistics Inc. and Sergei.(rah) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 14
MOTION for Entry of Default by Julius Gleghorn. (Attachments: #1 Exhibit Entry of Default, #2 Affidavit Affidavit in Support, #3 Exhibit Certificate of Service)(Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 13
MOTION for Entry of Default by Julius Gleghorn. (Attachments: #1 Exhibit Entry of Default, #2 Exhibit Certificate of Service, #3 Affidavit Affidavit in Support)(Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 12
ORDER STRIKING #9 and #10 Motions for Entry of Default. Although the motions are titled on the docket as Motions for Entry of Default, the motions themselves and the proposed orders indicate that Plaintiff is actually seeking a default judgment against both Defendants. Obtaining a default judgment entails two separate, sequential steps that should not be combined. First, the plaintiff must file a motion for entry of default pursuant to Rule 55(a) with the Clerk of Court and demonstrate that the defendant has failed to answer or otherwise respond to the complaint. FED. R. CIV. P. 55(a); In re Catt, 368 F.3d 789, 793 (7th Cir. 2004). Once default has been established, and thus liability, the plaintiff must then file a motion for default judgment pursuant to Rule 55(b) and establish his entitlement to the relief he seeks. FED. R. CIV. P. 55(b); VLM Food Trading Int'l, Inc. v. Illinois Trading Co., 811 F.3d 247, 255 (7th Cir. 2016); In re Catt, 368 F.3d at 793. Here, Plaintiff has not yet secured a Clerk's entry of default under Rule 55(a) against Defendants, and therefore default judgment under Rule 55(b) cannot be entered. Furthermore, Plaintiff's motions indicate that they were mailed to Defendants but Plaintiff does not certify that they were mailed to Defendants' "last known address" as required by the Local Rules. SDIL-LR 55.1(a) and (b). Accordingly, the motions currently pending before the Court are STRICKEN. Plaintiff can resubmit a motion for the Clerk's entry of default against Defendants under Rule 55(a). Then after default is entered, Plaintiff can file a motion for default judgment under Rule 55(b). Signed by Magistrate Judge Mark A. Beatty on 1/27/2020. (arf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 11
NOTICE OF REASSIGNMENT TO A U.S. MAGISTRATE JUDGE: Pursuant to Administrative Order No. 257, this case is reassigned to United States Magistrate Judge Mark A. Beatty. District Judge J. Phil Gilbert no longer assigned to the case. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, upon entry into a case, each party must file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. Deadlines for newly served parties to consent or decline to consent to Magistrate Judge Jurisdiction will be set by the Clerk at a later date. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 19-1295-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (dkd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 3/11/2021.]
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Filing 10
STRICKEN PER ORDER AT DOC 12 - First MOTION for Entry of Default by Julius Gleghorn. (Attachments: #1 Proposed Order, #2 Affidavit)(Faron, Michelle) Modified on 1/28/2020 (rah). [Transferred from Illinois Southern on 3/11/2021.]
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Filing 9
STRICKEN PER ORDER AT DOC 12 - First MOTION for Entry of Default by Julius Gleghorn. (Attachments: #1 Proposed Order, #2 Affidavit)(Faron, Michelle) Modified on 1/28/2020 (rah). [Transferred from Illinois Southern on 3/11/2021.]
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Filing 8
SUMMONS Returned Executed by Julius Gleghorn. Sergei served on 12/18/2019, answer due 1/8/2020. (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 7
SUMMONS Returned Executed by Julius Gleghorn. Mika Logistics Inc. served on 12/18/2019, answer due 1/8/2020. (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 6
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Faron, Michelle) Unsealed on 8/5/2020 (rah). [Transferred from Illinois Southern on 3/11/2021.]
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***Staff notes above deadline entered in error. Deadline has been deleted. (kdw) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 5
Summons Issued as to Sergei and original mailed to Attorney Faron. (kdw) [Transferred from Illinois Southern on 3/11/2021.]
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Set Deadlines ( Responses due by 12/17/2019) (kdw) [Transferred from Illinois Southern on 3/11/2021.]
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***Staff notes: jurisdiction checked. (jdh) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 4
Summons Issued as to Mika Logistics Inc. Original document sent to attorney for plaintiff for service. (rah) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 3
Notice of Judge Assignment. Judge J. Phil Gilbert and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 19-1295-JPG-MAB. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (Attachments: #1 Consent Brochure)(rah) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 2
NOTICE of Appearance by Michelle K. Faron on behalf of Julius Gilbert Gleghorn (Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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Filing 1
COMPLAINT against Mika Logistics Inc.,(Filing fee $400 receipt number 0754-4036874), filed by Julius Gleghorn. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Right to Sue, #3 Summons - Mika Logistics, #4Summons - Sergei)(Faron, Michelle) [Transferred from Illinois Southern on 3/11/2021.]
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