Taha v. Trojan et al
| Azme Taha |
| Richard Trojan, Ahmad M. Alkhatib, Ilhab Naserallah, Seven Eight Six Partners LLC, Rose City Investment LLC and Fleet Rail Terminals LLC |
| 1:2023cv13849 |
| September 18, 2023 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 19 MINUTE entry before the Honorable LaShonda A. Hunt: Motion hearing held telephonically. Attorney Anthony S. Divincenzo's oral motion for leave to file his appearance on behalf of Defendant Richard Trojan is granted. Motion to Withdraw #13 is granted. Attorneys Matthew Wood and David Radkin are withdrawn as counsel for Richard Trojan. Plaintiff reports that he has initiated discovery in the possibly related case pending before Judge Maldonado, 23-cv-13848, and parties are discussing possible resolution now that Defendant Trojan has new counsel. As discussed on the record, Plaintiff's Motion for Remand to the Circuit Court for the Twelfth Judicial Circuit #9 is entered and continued to 11/28/23 at 10:00 AM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Parties should be prepared to discuss the status of discovery, an agreement to remand, and any motion for reassignment filed pursuant to Local Rule 40.4 before Judge Maldanado. All pleading deadlines are stayed pending resolution of the jurisdictional issues. Emailed notice. (cdh, ) |
| Filing 18 ATTORNEY Appearance for Defendant Richard Trojan by John Henry Wickert (Wickert, John) |
| Filing 17 ATTORNEY Appearance for Defendant Richard Trojan by Anthony DiVincenzo (DiVincenzo, Anthony) |
| Filing 16 MINUTE entry before the Honorable LaShonda A. Hunt: Due to an unanticipated scheduling conflict, the Court must reset the telephonic hearing currently scheduled for 10/31/23, to 11/9/23, at 9:45 AM. The Court apologizes to the parties and their attorneys for any inconvenience. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed. (cdh, ) |
| Filing 15 MINUTE entry before the Honorable LaShonda A. Hunt: Motion by Attorney Matthew Wood; David Radkin to withdraw as attorney for Richard Trojan #13 is set for a telephonic hearing on 10/31/23 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Counsel is ordered to provide Defendant Trojan with the call-in information for the hearing. Emailed notice. (cdh, ) |
| Filing 14 CERTIFICATE Certificate of Service Motion to Withdraw (Radkin, David) |
| Filing 13 MOTION by Attorney Matthew Wood; David Radkin to withdraw as attorney for Richard Trojan. New address information: Richard Trojan 5013 S Louise Ave #100, Sioux Falls, SD, 57108 (Attachments: #1 Exhibit Information Form)(Radkin, David) |
| Filing 12 MINUTE entry before the Honorable LaShonda A. Hunt: Plaintiff's Motion to Remand #9 is set for a telephonic hearing on 10/31/23 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: 877-336-1828, Access Code: 4082461. Members of the public and media may call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Emailed notice. (cdh, ) |
| Filing 11 MOTION by Defendant Richard Trojan to clarify jurisdiction (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E, #6 Exhibit Ex F, #7 Exhibit Ex G)(Wood, Matthew) |
| Filing 10 ATTORNEY Appearance for Defendant Richard Trojan by David Kleinrodick Radkin (Radkin, David) |
| Filing 9 MOTION by Plaintiff Azme Taha to remand (Partelow, John) |
| Filing 8 ATTORNEY Appearance for Plaintiff Azme Taha by John Edwin Partelow (Partelow, John) |
| Filing 7 MAILED Notice of Removal letter to counsel of record. (rc, ) |
| 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. (rc, ) |
| Filing 6 MINUTE entry before the Honorable LaShonda A. Hunt: This case has been assigned to the calendar of Judge LaShonda A. Hunt. After reviewing the Notice of Removal #1 , the Court is concerned that it may not have subject matter jurisdiction over these matters, particularly "Illinois Case II." The Court orders all parties to file briefs not to exceed 10 pages by 10/18/23 addressing whether subject matter jurisdiction is appropriate over these cases. Additionally, any motion to remand due to a procedural defect must be filed on or before 10/18/23 pursuant to 28 U.S.C. 1447(c) and must address: 1) whether it is proper to file a single notice of removal for two separate state court civil actions when those cases have not been consolidated by the state court; and 2) whether it is appropriate to file a notice of removal without the consent of the other defendants in "Illinois Case II." Any arguments regarding procedural defects in the notice of removal that are not raised in a timely motion to remand will be considered waived. See 14C C. Wright, A. Miller, E. Cooper, J. Steinman, & M. Kane, Federal Practice and Procedure, 3739.2 (4th Ed. 2018) ("After the expiration of the 30-day period following the filing of the removal notice, the right to object to nonjurisdictional defects in the removal process is considered waived"). Finally, the Court stays the deadline for filing a responsive pleading pursuant to Fed. R. Civ. P. 81 until the identified jurisdictional issues are resolved. Accordingly, Defendant Richard Trojan's motion for extension of time to file answer #5 is denied without prejudice. Emailed and mailed out notice. (cdh, ) |
| Filing 5 MOTION by Defendant Richard Trojan for extension of time to file answer (Wood, Matthew) |
| CASE ASSIGNED to the Honorable LaShonda A. Hunt. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (axk, ) |
| Filing 4 ATTORNEY Appearance for Defendant Richard Trojan by Matthew Adam Wood David K. Radkin (Wood, Matthew) |
| Filing 3 ATTORNEY Appearance for Defendant Richard Trojan by Matthew Adam Wood (Wood, Matthew) |
| Filing 2 CIVIL Cover Sheet (Wood, Matthew) |
| Filing 1 NOTICE of Removal from Will County, case number (2023CH000143) filed by Richard Trojan Filing fee $ 402, receipt number AILNDC-21101609. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Wood, Matthew) |
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