Direct Steel, LLC v. Mid-Continent Casualty Company et al
| Direct Steel, LLC |
| Mid-Continent Casualty Company, Tri-C Civil Construciton, LLC and Oklahoma Surety |
| 1:2024cv01239 |
| February 13, 2024 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity-Airline Crash |
| None |
Docket Report
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| Filing 30 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 4/10/2024. Parties agreed Motion to reassign and consolidate case number 24 C 2493 #24 is granted. Case number 24 C 2493 shall be reassigned to Judge Kendall and will be consolidated with 24 C 1239. The Clerk's Office is directed to consolidate case number 24 C 2493 into case number 24 C 1239 for all purposes once case is reassigned. No further filings shall be filed in 24 C 2493. Parties agreed Motion to strike Motion to Dismiss #12 is granted. Motion to Dismiss #12 is hereby stricken. Petitioner's Motion to enter Judgment against Tri-C Civil Construction, LLC #26 is granted. Petition shall provide a proposed Order to the Court for review. Mailed notice (lk, ) |
| Filing 29 RESPONSE by Respondents Mid-Continent Casualty Company, Oklahoma Surety (Herman, Timothy) |
| Filing 28 ATTORNEY Appearance for Respondents Mid-Continent Casualty Company, Oklahoma Surety by Madison Shepley (Shepley, Madison) |
| Filing 27 NOTICE of Motion by Kendall Elizabeth Woods for presentment of motion for judgment #26 before Honorable Virginia M. Kendall on 4/10/2024 at 09:00 AM. (Woods, Kendall) |
| Filing 26 MOTION by Petitioner Direct Steel, LLC for judgment confirm portion of arbitration award against Tri-C Civil Construction, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Woods, Kendall) |
| Filing 25 NOTICE of Motion by Kendall Elizabeth Woods for presentment of motion to reassign case,, motion to strike, #24 before Honorable Virginia M. Kendall on 4/10/2024 at 09:00 AM. (Woods, Kendall) |
| Filing 24 MOTION by Petitioner Direct Steel, LLC to reassign case Agreed Motion to Reassign , MOTION by Petitioner Direct Steel, LLC to strike memorandum in support of motion #13 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Respondents Mid-Continent Casualty Company, Oklahoma Surety and for improper venue #12 Agreed Motion to Strike (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Woods, Kendall) |
| Filing 23 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 3/26/2024. Petitioner's Motion to reset briefing schedule #16 and Motion for extension of time to Respond to Motion to Dismiss #19 are granted. Respondent's Motion to Dismiss #12 is stricken in part: the Motion under Fed. R. Civ. P. 12(b)(6) is stricken, but the Motion under Fed. R. Civ. P. 12(b)(1) stands. Response to Motion to Dismiss #12 under 12(b)(1) shall be filed by 4/9/2024; Reply due by 4/16/2024. Respondent shall Respond to Petition #1 by 4/23/2024; Reply due by 5/7/2024. Status hearing set for 6/11/2024 at 9:00 AM. Initial Status hearing set for 4/10/2024 is stricken. Mailed notice (lk, ) |
| Filing 21 RESPONSE by Respondents Mid-Continent Casualty Company, Oklahoma Surety (Herman, Timothy) |
| Filing 20 NOTICE of Motion by Kendall Elizabeth Woods for presentment of extension of time #19 before Honorable Virginia M. Kendall on 3/26/2024 at 09:00 AM. (Woods, Kendall) |
| Filing 19 MOTION by Petitioner Direct Steel, LLC for extension of time to Respond to Respondents' Motion to Dismiss (Woods, Kendall) |
| Filing 22 U.S. MARSHAL AFFIDAVIT of Service regarding Petition to vacate served on Mid-Continent Casualty Company and Oklahoma Surety Company c/o United Agent Group, Inc. on 3/7/24. (Received by Box.Com on 3/18/24). (gcy, ) |
| Filing 18 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 3/21/20254 is reset for 3/26/2024 at 9:00 AM. Parties are reminded to refer to Judge Kendall's notifications on her website regarding judicial absences when noticing Motions for hearing dates. Mailed notice (lk, ) |
| Filing 17 NOTICE of Motion by Kendall Elizabeth Woods for presentment of motion for hearing,, motion to reset, #16 before Honorable Virginia M. Kendall on 3/21/2024 at 09:00 AM. (Woods, Kendall) |
| Filing 16 MOTION by Petitioner Direct Steel, LLC for hearing re terminate deadlines and hearings,, set motion and R&R deadlines/hearings, #15 , MOTION by Petitioner Direct Steel, LLC to reset Briefing Schedule (Woods, Kendall) |
| Filing 15 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #12 . Responses due by 3/25/2024; Replies due by 4/1/2024. Status hearing set for 5/20/2024 at 9:00 AM. Initial Status hearing set for 4/10/2024 at 9:00 AM stands. Motion hearing set for 3/19/2024 is stricken. Mailed notice (lk, ) |
| Filing 14 NOTICE of Motion by Timothy Robert Herman for presentment of before Honorable Virginia M. Kendall on 3/19/2024 at 09:00 AM. (Herman, Timothy) |
| Filing 13 MEMORANDUM by Mid-Continent Casualty Company, Oklahoma Surety in support of Motion to Dismiss for Failure to State a Claim #12 (Attachments: #1 Exhibit A, Docket for W.D. Texas Case)(Herman, Timothy) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Respondents Mid-Continent Casualty Company, Oklahoma Surety and for improper venue (Herman, Timothy) |
| Filing 11 ATTORNEY Appearance for Respondents Mid-Continent Casualty Company, Oklahoma Surety by Timothy Robert Herman (Herman, Timothy) |
Filing 10
ORDER Signed by the Honorable Sharon Johnson Coleman on 2/29/2024. Mailed notice.(ym)
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| Filing 9 MINUTE entry before the Honorable Sharon Johnson Coleman: Petitioner's emergency motion for order directing Marshal to serve petition to confirm in part and vacate in part the arbitration award #8 is granted. Enter Order. The Clerk's Office is directed to issue summons for service with the U.S. Marshals and to submit the USM 285 forms that have been provided as attachments to the motions. The U.S. Marshal is directed to serve the summons. Mailed notice. (ym) |
| SUMMONS Issued along with USM 285 form(s), certified copy of order dated 02/29/2024 to the U.S. Marshal's Office for service as to defendant as to Respondents Mid-Continent Casualty Company, Oklahoma Surety, Tri-C Civil Construciton, LLC via email. (rc, ) |
| Filing 8 MOTION by Petitioner Direct Steel, LLC Service by USMS (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Woods, Kendall) Modified on 2/29/2024 (rc, ). |
| Filing 7 MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 4/10/2024 at 9:00 a.m. Joint Status Report due by 4/4/2024. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Virtual hearings must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, ) |
| Filing 6 ATTORNEY Appearance for Petitioner Direct Steel, LLC by Ryan A Hiss (Hiss, Ryan) |
| SUMMONS Issued as to Respondents Mid-Continent Casualty Company, Oklahoma Surety, Tri-C Civil Construciton, LLC (jcc,) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Direct Steel, LLC (Woods, Kendall) |
| Filing 4 ATTORNEY Appearance for Petitioner Direct Steel, LLC by Kendall Elizabeth Woods (Woods, Kendall) |
| Filing 3 MEMORANDUM complaint, #1 by Direct Steel, LLC in Support of Petition to Vacate in Part Arbitration Award (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)(Woods, Kendall) |
| Filing 2 CIVIL Cover Sheet (Woods, Kendall) |
| Filing 1 COMPLAINT Petition to Confirm in Part and Vacate in Part Arbitration Award filed by Direct Steel, LLC; Filing fee $ 405, receipt number AILNDC-21636826. (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)(Woods, Kendall) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 4). (mcp, ) |
| 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. (mcp, ) |
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