Herron v. Graco, Inc. et al
| Herron and George Herron |
| Graco, Inc, Campbell Hausfeld, Sherwin-Williams Company, Graco, Inc., A-1 Buildings, Inc., Robert Devous, A Scott Fetzer Company and Norman Brown |
| 3:2016cv00653 |
| June 15, 2016 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Franklin |
| Nancy J Rosenstengel |
| Stephen C Williams |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 27 Amended Acknowledgement Letter received from St. Clair County State Court as to remand. (trb) |
| Filing 26 Letter from St. Clair County Circuit Court acknowledging remanded case. (kek) |
| Filing 25 Letter to St. Clair County Circuit Clerk re: order of remand (cekf) |
Filing 24
ORDER GRANTING IN PART AND DENYING IN PART #22 Plaintiff's Motion to Remand to State Court. The Court REMANDS this action to the Circuit Court of St. Clair County, Illinois, for lack of subject matter jurisdiction. Plaintiff's request for attorney fees and costs is DENIED. Signed by Judge Nancy J. Rosenstengel on 12/15/2016. (mlp)
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| Filing 23 RESPONSE to Motion re #22 MOTION to Remand to State Court and Opposition to Defendants' Removal filed by Graco, Inc.. (Pattee, Randall) |
| Filing 22 MOTION to Remand to State Court by All Plaintiffs. Responses due by 11/7/2016 (Bartholomew, Joseph) |
| Filing 21 RESPONSE Campbell Hausfeld's Response to Court's Request filed by All Defendants. (Berry, William) |
| Filing 20 AFFIDAVIT re #19 Jurisdictional Memorandum Declaration of Randall J. Pattee in Support of Defendant Graco, Inc.'s Memorandum of Law In Support of Notice of Removal by Graco, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Pattee, Randall) |
| Filing 19 JURISDICTIONAL MEMORANDUM by Graco, Inc.. Regarding #18 Order,,, Dated September 7, 2016. (Pattee, Randall) |
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Filing 18
ORDER: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. On June 15, 2016, Defendant Graco, Inc., removed this action to this Court on the basis of diversity jurisdiction. However, the Notice of Removal does not contain the requisite information to determine whether jurisdiction lies with this Court. Accordingly, Defendant Graco, Inc., is ORDERED to file a Jurisdictional Memorandum addressing the issue of fraudulent joinder on or before September 21, 2016, explaining to the Court the basis for jurisdiction. See Meridian Sec. Ins. Co. v. Sadowski, 441 F.3d 536, 540 (7th Cir. 2006) (the party seeking removal, as the proponent of federal subject matter jurisdiction, has the burden of proof as to the existence of such jurisdiction). Plaintiff shall have until October 5, 2016, to file a response to Defendant's Jurisdictional Memorandum. Signed by Judge Nancy J. Rosenstengel on 9/7/2016. (mlp)
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| Filing 17 DEMAND for Trial by Jury by Graco, Inc.. (Nester, Michael) |
| Filing 16 AFFIDAVIT to Defendant Graco Inc.'s Answer to Plaintiff's Complaint by Graco, Inc.. (Nester, Michael) |
| Filing 15 Affirmative Defenses to Defendant Graco Inc.'s Answer to Plaintiff's Complaint by Graco, Inc.. (Nester, Michael) |
| Filing 14 Defendant Graco Inc.'s Answer to Plaintiff's Complaint ANSWER to Complaint by Graco, Inc..(Nester, Michael) |
| Filing 13 NOTICE of Appearance by Randall J. Pattee on behalf of Graco, Inc. (Pattee, Randall) |
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Filing 12
ORDER granting #11 Motion to Appear Pro Hac Vice for attorney Randall J. Pattee on behalf of Graco, Inc., on 8/3/2016. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 MOTION to Appear Pro Hac Vice by Attorney Randall J. Pattee $200 fee paid,receipt number 0754-3003917 by on behalf of Graco, Inc.. (Pattee, Randall) |
| Filing 10 Corporate Disclosure Statement by The Sherwin-Williams Company. (Baucom, Christopher) |
| Filing 9 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #8 Disclosure of Interested Parties filed by The Sherwin-Williams Company. Incorrect document type selected (PDF and event do not match). Filer selected Disclosure of Interested Parties; however, the filer should have selected Corporate Disclosure Statement. Docket entry STRICKEN as Ordered by the Court. Document must be re-filed using the correct event. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 ENTRY STRICKEN - DISCLOSURE OF INTERESTED PARTIES by The Sherwin-Williams Company.(Baucom, Christopher) Modified on 7/6/2016 (tkm). |
| Filing 7 NOTICE of Appearance by Christopher D. Baucom on behalf of The Sherwin-Williams Company (Baucom, Christopher) |
| Filing 6 Case Consolidated with Case Number 16-cv-655-NJR-SCW. (jlrr) |
| Filing 5 NOTICE OF REMOVAL from St. Clair County, Illinois, case number 15-L-65. Filed pursuant to Order at doc. 8 in case number 16-655-NJR-SCW.(jlrr) |
| Filing 4 Notice of Judge Assignment. Judge Nancy J. Rosenstengel and Magistrate Judge Stephen C. Williams assigned. All future documents must bear case number 16-653-NJR-SCW. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (tkm) |
| Filing 3 Corporate Disclosure Statement by Graco, Inc.. (Nester, Michael) |
| Filing 2 NOTICE of Appearance by Michael J. Nester on behalf of Graco, Inc. (Nester, Michael) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County, case number 15L65 ( Filing fee $ 400 receipt number 0754-2965782), filed by Graco, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Nester, Michael) |
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