Rippy v. Schnuck Markets, Inc.
| Raymond Brand, Edward Buffington, Laverne Rippy, LaToscha Brownlee and Sharon Hickman |
| Schnuck Markets, Inc. |
| 3:2013cv00471 |
| May 17, 2013 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| St. Clair |
| Michael J Reagan |
| Donald G Wilkerson |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2013. A more recent docket listing may be available from PACER.
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| Filing 28 NOTICE - Case transferred from Illinois Southern has been opened in Eastern District of Missouri as case 4:13-cv-02120, filed 10/23/2013.(myz )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 27
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Eastern District of Missouri.(drb)
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| Case electronically transferred to the Eastern District of Missouri. (drb) |
| Filing 26 PRELIMINARY TRANSFER ORDER on 10/18/13. (drb) |
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Filing 25
ORDER granting Motion for Extension of Time. Good cause having been shown, the Court GRANTS Defendant's Motion for Extension of Time to Answer. Responsive pleading(s) shall be due 14 days after resolution of the pending motion to consolidate this case pursuant to 28 U.S.C. 1407 (the MDL Statute).Signed by Judge Michael J. Reagan on 8/12/2013. (jls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 24 Consent MOTION for Extension of Time to File Answer re #14 Amended Complaint by Schnuck Markets, Inc.. (Scott, Russell) |
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Filing 23
ORDER granting #22 Motion to Stay Briefing. Plaintiffs have moved for a stay in the briefing schedule re: Defendants' pending Motion to Transfer. A court's incidental power to stay proceedings stems from its inherent power to manage its docket. Landis v. N. Am. Co., 299 U.S. 248, 254--55 (1936). Finding good cause in the form of several motions to transfer pending before the Judicial Panel on Multidistrict Litigation, the undersigned GRANTS (Doc. #22 ) Plaintiff's Motion to Stay Briefing. Plaintiff's response brief, if necessary, is due 14 days after the MDL Panel rules on the pending motions to consolidate and/or transfer. Signed by Judge Michael J. Reagan on 7/15/2013. (jls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 22 MOTION to Stay re #18 MOTION to Transfer Case Under Section 1404 to the Eastern District of Missouri by Raymond Brand, LaToscha Brownlee, Edward Buffington, Sharon Hickman, Laverne Rippy. (Maag, Thomas) |
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Filing 21
ORDER GRANTING IN PART #20 Motion for Extension of Time to Answer. Answer due by August 16, 2013. Signed by Magistrate Judge Donald G. Wilkerson on 7/1/13. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 Second MOTION for Extension of Time to File Answer or Otherwise Respond to the First Amended Class Action Complaint Until After Rulings on Pending Transfer and MDL Motions by Schnuck Markets, Inc.. (Scott, Russell) |
| Filing 19 MEMORANDUM in Support re #18 MOTION to Transfer Case Under Section 1404 to the Eastern District of Missouri filed by Schnuck Markets, Inc.. (Attachments: #1 Exhibit A - Domiano Amended Complaint, #2 Exhibit B - Akelaitis Amended Complaint, #3 Exhibit C - Atteberry Amended Complaint, #4 Exhibit D - Castellano Complaint, #5 Exhibit E - Zimmerman Declaration in Support, #6 Exhibit F - Unpublished Cases)(Karlsgodt, Paul) |
| Filing 18 MOTION to Transfer Case Under Section 1404 to the Eastern District of Missouri by Schnuck Markets, Inc.. (Karlsgodt, Paul) |
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Filing 17
ORDER. On June 6, 2013, Antonia Togias (who was included as a plaintiff in a proposed amended complaint in this putative class action) filed a notice of dismissal pursuant to Federal Rule of Civil Procedure 41, so as to clarify that she is not a party to the case. As Togias notes, an Amended Complaint was filed on May 30, 2013 "with all references to Plaintiff Togias removed." Since an amended complaint supersedes any other pleading, Anderson v. Donahoe, 699 F.3d 989, 997 (7th Cir. 2012), and an amended complaint is the "operative document" in a case, Wisc. Interschol. Athletic Ass'n v. Gannett Co., Inc., 658 F.3d 614, 621 (7th Cir. 2011), and since Togias is not listed as a plaintiff in the Amended Complaint, there was no need for her to file a notice of dismissal: she has never been a named plaintiff in the case. While the Court appreciates the effort to keep the record clear, it also notes that the docket entry wrongly reflects that the notice was filed on behalf of another plaintiff. For that reason (and because it is moot), the Court DIRECTS the Clerk of Court to STRIKE (Doc. 16) the Notice of Voluntary Dismissal from the docket.Signed by Judge Michael J. Reagan on 6/7/2013. (jls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 STRICKEN PER ORDER AT DOC. 17 - NOTICE of Voluntary Dismissal by Raymond Brand (Millar, Jeffrey) Modified on 6/10/2013 (drb). |
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Filing 15
ORDER granting #11 Motion for Extension of Time to Answer. Answer due on June 28, 2013. Signed by Magistrate Judge Donald G. Wilkerson on 6/3/13. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 AMENDED COMPLAINT against Laverne Rippy, filed by Laverne Rippy.(Millar, Jeffrey) |
| Filing 13 NOTICE by Laverne Rippy of Filing Amended Complaint (Millar, Jeffrey) |
| Filing 12 NOTICE of Appearance by Daniel R Warren on behalf of Schnuck Markets, Inc. (Warren, Daniel) |
| Filing 11 Consent MOTION for Extension of Time to File Answer or Otherwise Plead by Schnuck Markets, Inc.. (Scott, Russell) |
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Filing 10
ORDER granting #9 Motion to Appear Pro Hac Vice - Attorney Paul Karlsgodt on behalf of Schnuck Markets, Inc. Approved on 5/30/2013. (cekf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 MOTION to Appear Pro Hac Vice by AttorneyPaul Karlsgodt $100 fee paid,receipt number 0754-1981844 by on behalf of Schnuck Markets, Inc.. (Karlsgodt, Paul) |
| Filing 8 NOTICE of Appearance by Peter J. Maag on behalf of Laverne Rippy (Maag, Peter) |
| Filing 7 NOTICE of Appearance by Thomas G. Maag on behalf of Laverne Rippy (Maag, Thomas) |
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Filing 6
ORDER GRANTING #4 Motion for Leave to File. Plaintiff to file amended complaint by May 29, 2013. Signed by Magistrate Judge Donald G. Wilkerson on 5/24/13. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 Corporate Disclosure Statement by Schnuck Markets, Inc.. (Scott, Russell) |
| Filing 4 MOTION for Leave to File First Amended Complaint by Laverne Rippy. (Millar, Jeffrey) |
| Filing 3 REQUEST for Admissions by Laverne Rippy.(Millar, Jeffrey) |
| Filing 2 NOTICE OF REMOVAL by Schnuck Markets, Inc. from St. Clair County, case number 13-L-218. ( Filing fee $ 400 receipt number 0754-1973813) (Attachments: #1 Exhibit A - Summons & Complaint, #2 Exhibit B - Motion for Class Certification, #3 Civil Cover Sheet)(Scott, Russell) |
| Filing 1 Case Opened. Documents may now be electronically filed. Case number 13-471-MJR/DGW must be placed on all documents prior to filing them electronically. (Attachments: #1 Notice and Consent)(jlrr ) |
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