Connor v. 606 W. Aldine Condo Assn. et al
| Latara Connor |
| Company, Inc. G&V Construction, City of Chicago 606 W. Aldine Condo Assn., Paving, LLC d/b/a Cardi Asphalt AGPD, Benesch Alfred Benesch & Co d/b/a, d/b/a Benesch Engineering ABC Engineering of NY, APS Consulting, Inc., Postal Service United States, 606 W Aldine Condo Assn., G&V Construction Comp Any Inc., AGPD Paying LLC doing business as Cardi Asphalt, City of Chicago, VCNA Prairie LLC, Top Line Fence Company, Roll Studio LLC, Netsync Fiber Inc., Garcia's Concrete Corp., Alfred Benesch & Company d/b/a Benesch and ABC Engineering of NY P.C. d/b/a Benesch Engineering |
| G&V Construction Company, Inc. |
| Alfred Benesch & Comp Any doing business as Benesch, ABC Engineering of NY P.C. doing business as Benesch Engineering and United States Postal Service |
| 1:2024cv02876 |
| April 10, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Other Statutory Actions |
| 28 U.S.C. § 2671 Federal Tort Claims Act |
| Defendant |
Docket Report
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This docket was last retrieved on June 7, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 REMAND with certified copy of order dated 6/5/2024 #19 and letter to Circuit Court of Cook County via email. (jn,) |
| ***Civil Case Terminated. (air, ) |
| Filing 19 MINUTE entry before the Honorable John J. Tharp, Jr: This case was removed from state court on the basis of the presence of a federal agency third-party defendant. See Notice of Removal #2 . The third-party plaintiff later dismissed the USPS as a party to this case #16 , thus leaving only supplemental state law claims against non-federal-agency defendants and third-party defendants. The Court explained that it intended to decline to exercise supplemental jurisdiction over the remaining claims following the dismissal of the federal anchor claims, and the Court set a 5/31/24 deadline for any party to show cause why the Court should nonetheless exercise supplemental jurisdiction over the pendent claims. See 5/20/24 Order #18 . No such showing has been made by the deadline. Accordingly, the Clerk is directed to remand this case to the Circuit Court of Cook County. Mailed notice (air, ) |
| Filing 18 MINUTE entry before the Honorable John J. Tharp, Jr:Third-party plaintiff G&V Construction Company, Inc.'s agreed motion for voluntary dismissal of third-party defendant United States Postal Service #16 is granted pursuant to Rule 41(a)(2). The United States Postal Service is dismissed from this case. The United States' motion to dismiss #9 is denied as moot. At this juncture, the Court intends to decline to exercise supplemental jurisdiction over the remaining claims and remand the case. See 3726 Removal of Particular CasesFederal Officers and Agencies, 14C Fed. Prac. & Proc. Juris. 3726 (Rev. 4th ed.) ("The district court can exercise its discretion to decline jurisdiction over the supplemental claims if the federal agency drops out of the case, or even if the federal defendant remains a litigant. Whether the supplemental claims should be remanded if the federal officer's 'anchor' claim is dismissed or settled, or if the supplemental claims have been asserted against non-federal parties, depends on considerations of comity, federalism, judicial economy, and fairness to litigants."); Futch v. AIG, Inc., No. CIV 07-402-GPM, 2007 WL 1752200 (S.D. Ill. June 15, 2007); Macias v. Kerr-McGee Corp., No. 92-C-3389, 1993 WL 524734 (N.D. Ill. Dec. 14, 1993). Any party may submit a memorandum regarding why remand would not be appropriate by 5/31/24.Mailed notice (air, ) |
| Filing 17 Plaintiff's Answer to Affirmative Defense by Latara Connor (Tober, Cameron) |
| Filing 16 MOTION by ThirdParty Plaintiff G&V Construction Company, Inc.Agreed Motion for Voluntary Dismissal of Third-Party Defendant United States Postal Service (Richardson, Vaughn) |
| Filing 15 ATTORNEY Appearance for Defendant G&V Construction Comp Any Inc. by Cory D Anderson (Anderson, Cory) |
| Filing 14 ANSWER to amended complaint by G&V Construction Comp Any Inc.(Richardson, Vaughn) |
| Filing 13 ATTORNEY Appearance for Defendant G&V Construction Comp Any Inc. by Edward Frederick Kuester, IV (Kuester, Edward) |
| Filing 12 ATTORNEY Appearance for Defendant G&V Construction Comp Any Inc. by Matthew Patrick Connelly (Connelly, Matthew) |
| Filing 11 ATTORNEY Appearance for Defendant G&V Construction Comp Any Inc. by Vaughn Richardson (Richardson, Vaughn) |
| Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr:The United States' motion to dismiss #9 is taken under advisement. The plaintiff's response is due 5/10/2024; reply due 5/17/24. Mailed notice (air, ) |
| Filing 9 MOTION by Third Party Defendant United States Postal Service to dismiss (Lindland, Kurt) |
| Filing 8 ANSWER to amended complaint by AGPD Paying LLC(Gonnissen, Meghan) |
| Filing 7 ATTORNEY Appearance for Defendant AGPD Paying LLC by Meghan A Gonnissen (Gonnissen, Meghan) |
| SUMMONS Issued as to Defendant Alfred Benesch & Company d/b/a Benesch (jcm) |
| Filing 6 Plaintiff's Second AMENDED complaint by Latara Connor against All Defendants (Tober, Cameron) |
| SUMMONS Issued as to Defendants ABC Engineering of NY P.C. d/b/a Benesch Engineering, APS Consulting, Inc., Garcia's Concrete Corp., Netsync Fiber Inc., Roll Studio LLC, Top Line Fence Company, VCNA Prairie LLC (jcc,) |
| Filing 5 ATTORNEY Appearance for Plaintiff Latara Connor by Cameron Joseph Tober Plaintiff (Tober, Cameron) |
| Filing 4 MAILED Notice of Removal letter to counsel of record (lm, ) |
| MAILED Notice of Removal letter #4 , Clerk's notice entry, and Joint Consent Form to Attorney Ronald Robert Aeschliman (lm, ) |
| 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. (lm, ) |
| Filing 3 CERTIFICATE of Service by Kurt N. Lindland on behalf of Postal Service United States regarding notice of removal #2 (Lindland, Kurt) |
| Filing 2 NOTICE of Removal from Circuit Court of Cook County, case number (2022 L 006605) filed by Postal Service United States (Attachments: #1 Exhibit complaint)(Lindland, Kurt) |
| Filing 1 CIVIL Cover Sheet (Lindland, Kurt) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Young B. Kim. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 3). (gmm, ) |
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