Furst-McNess Company v. Kansas-Smith Farms, LLC
| Furst-McNess Company |
| Kansas-Smith Farms, LLC |
| 3:2020cv50358 |
| September 21, 2020 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Lisa A Jensen |
| Iain D Johnston |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 Amended NOTICE of Motion by Jeffrey H. Powell for presentment of motion for default judgment, #14 before Honorable Lisa A. Jensen on 12/7/2020 at 01:00 PM. (Powell, Jeffrey) |
| Filing 20 MINUTE entry before the Honorable Lisa A. Jensen: The presentment date noticed by Plaintiff #19 for 12/2/2020 is stricken, as the Court previously set the motion hearing for 12/7/2020 at 1:00 PM. See #18 . Plaintiff is reminded that they must serve the motion for default judgment and notice of presentment on 12/7/2020 at 1:00 PM on Defendant at least 7 days before the motion for default judgment is presented. A copy of the return receipt evidencing delivery, when returned by the post office, shall be filed with the Court. If Plaintiff fails to do so, the hearing date will be stricken. The Clerk is directed to mail a copy of this order to Defendant at the addresses listed in docket entry #18 . Mailed notice (jp, ) |
| MAILED copy of order dated 11/17/2002 to Furst-McNess Company at : P.O. Box 741, Garland, North Carolina 28441; 23179 #5 Road, Plains, Kansas 67869; and 300 N. Mead Street, Suite 200, Wichita, Kansas 67202. (jp, ) |
| Filing 19 NOTICE of Motion by Jeffrey H. Powell for presentment of motion for default judgment, #14 before Honorable Lisa A. Jensen on 12/2/2020 at 10:00 AM. (Powell, Jeffrey) |
| Filing 18 MINUTE entry before the Honorable Lisa A. Jensen: Telephonic motion hearing held on 11/13/2020. Counsel for plaintiff is ordered to comply with Judge Jensen's standing order for default judgments, specifically as it relates to the following procedures: (1) Service of the motion for default judgment and notice of presentment must occur at least 7 days before the motion for default judgment is presented; (2) The motion, exhibits, and notice of presentment shall be mailed by regular and certified mail to the defaulting party at its last known address. Accordingly, plaintiff shall serve the motion, exhibits, and notice of presentment by regular and certified mail to defendant at the following addresses: P.O. Box 741, Garland, North Carolina 28441; 23179 #5 Road, Plains, Kansas 67869; and 300 N. Mead Street, Suite 200, Wichita, Kansas 67202. The Court will continue this matter for a telephonic motion hearing on 12/7/2020 at 1:00 p.m. Public access is available via the following call-in number: (877) 336-1831 with access code 2813746. Counsel for all parties are directed to appear. Counsel of record will receive an email the day 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. The Clerk is directed to mail a copy of this order to Defendant at the addresses listed in this order. Mailed notice (jp, ) |
| MAILED copy of order dated 11/13/2020 to Furst-McNess Company at : P.O. Box 741, Garland, North Carolina 28441; 23179 #5 Road, Plains, Kansas 67869; and 300 N. Mead Street, Suite 200, Wichita, Kansas 67202. (jp, ) |
| Filing 17 NOTICE by Furst-McNess Company Filing of Proof of Service of Plaintiff's Notice and Motion for Default Judgment (Powell, Jeffrey) |
| Filing 16 MINUTE entry before the Honorable Lisa A. Jensen: With respect to Plaintiff's motion for default judgment #14 , Plaintiff shall file proof of service of the motion on Defendant on the docket prior to the presentment on 11/13/2020 at 10:00 AM. Public access is available via the following call-in number: (877) 336-1831 with access code 2813746. Counsel for all parties are directed to appear. Counsel of record will receive an email the day 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. The Clerk is directed to mail a copy of this order to Defendant at the address where its registered agent was served. See #10 . Mailed notice (jp, ) |
| Filing 15 NOTICE of Motion by Jamie Swenson Cassel for presentment of motion for default judgment, #14 before Honorable Lisa A. Jensen on 11/13/2020 at 10:00 AM. (Cassel, Jamie) |
| Filing 14 MOTION by Plaintiff Furst-McNess Company for default judgment as to Kansas-Smith Farms, LLC (Attachments: #1 Exhibit "A" - Entry of Default, #2 Exhibit "B" - Affidavit of Jamie McLain, #3 Exhibit "C" - Attorney's Fees Affidavit, #4 Exhibit "D" - Proposed Default Judgment Order)(Cassel, Jamie) |
| Filing 13 MINUTE entry by the Clerk of Court: Default is entered pursuant to Fed.R.Civ.P.55(a) as to Defendant Kansas-Smith Farms, LLC for failure to plead or otherwise defend. Mailed notice (jp, ) |
| Filing 12 MINUTE entry before the Honorable Lisa A. Jensen: Before the Court is Plaintiffs' motion for entry of default #11 against Defendant Kansas-Smith Farms, LLC. Defendant's registered agent was served with the amended complaint on 9/30/2020. Dkt. 10. Accordingly, the deadline for Defendant to answer or otherwise respond to the amended complaint was 10/21/2020. To date, Defendant has not appeared or responded to the amended complaint. Therefore, Plaintiff's motion #11 is granted. The Clerk is directed to enter an order of default against Defendant Kansas-Smith Farms, LLC under Federal Rule of Civil Procedure 55(a). The Clerk is directed to mail a copy of this order to Defendant at the address where its registered agent was served. See Dkt. 10. By 12/7/2020, Plaintiff shall file a status report informing the Court how it plans to proceed with this case. Mailed notice (jp, ) |
| MAILED copy of orders dated 10/28/2020 to KANSAS-SMITH FARMS, LLC c/o Roger L. Theis. (jp, ) |
| Filing 11 MOTION by Plaintiff Furst-McNess Company for entry of default (Cassel, Jamie) |
| Filing 10 SUMMONS Returned Executed by Furst-McNess Company as to Kansas-Smith Farms, LLC on 9/30/2020, answer due 10/21/2020. (Powell, Jeffrey) |
| Filing 9 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0029: It appearing that Iain D. Johnston has been appointed as a United States District Judge for the Northern District of Illinois, Western Division; therefore IT IS HEREBY ORDERED That the attached list of civil cases are hereby reassigned to form the initial calendar of the Honorable Iain D. Johnston; and It is further ordered that the Fourth Amended General Order 19-0007 -Western Division Reassignment Wheel, be vacated in its entirety and this General Order supersedes it; and It is further ordered the Clerk of Court is to add Judge Johnston's name to the Court's existing civil and criminal case assignment system so that he shall receive a full share of such cases; and It is further ordered that all criminal cases that were assigned and reassigned pursuant to General Order 19-0007 shall remain assigned to the current district judge absent further order of the Court. Case reassigned to the Honorable Iain D. Johnston for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/29/2020.(docket10, ) |
| Filing 8 MINUTE entry before the Honorable Lisa A. Jensen: The parties shall jointly complete the PDF fillable initial status report form found on Judge Jensen's webpage at www.ilnd.uscourts.gov under Initial Status Conferences and Reports and file by 11/23/2020. Plaintiff is directed to notify any party filing an appearance to the entry of this order.mailed notice (jkd, ) |
| Filing 7 AMENDED complaint by Furst-McNess Company against Kansas-Smith Farms, LLC (Cassel, Jamie) |
| Filing 6 MINUTE entry before the Honorable Lisa A. Jensen: Plaintiff brings this breach of contract action with jurisdiction premised on diversity of citizenship. However, Plaintiff alleges the citizenship of Defendant's members "[o]n information and belief." Dkt. 1. Jurisdictional allegations must be made on personal knowledge, not on information and belief. See Am.'s Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). Therefore, by 10/23/2020 Plaintiff shall file an amended complaint that sufficiently alleges the citizenship of Defendant's members or risk dismissal for lack of subject-matter jurisdiction. mailed notice (jkd, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Furst-McNess Company by Jeffrey H. Powell (Powell, Jeffrey) |
| Filing 4 Pursuant to the Fourth Amended General Order 19-0007, dated 6/27/2019, this case is assigned to the Honorable John Robert Blakey and referred generally to the Honorable Lisa A. Jensen. Signed by Executive Committee on 6/27/2019. (jp, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Furst-McNess Company by Jamie Swenson Cassel (Cassel, Jamie) |
| Filing 2 CIVIL Cover Sheet (Cassel, Jamie) |
| Filing 1 COMPLAINT filed by Furst-McNess Company; Jury Demand. Filing fee $ 400, receipt number 0752-17457311.(Cassel, Jamie) |
| CASE ASSIGNED to the Honorable John Robert Blakey and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (jp, ) |
| SUMMONS Issued as to Defendant Kansas-Smith Farms, LLC. (jp, ) |
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| Plaintiff: Furst-McNess Company | |
| Represented By: | Jamie Swenson Cassel |
| Represented By: | Jeffrey H. Powell |
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| Defendant: Kansas-Smith Farms, LLC | |
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