Wright v. Southern Electric Retirement Fund et al
Plaintiff: Nancy Wright
Defendant: Carolina Electrical Workers Retirement Fund and Southern Electric Retirement Fund
Case Number: 3:2018cv01728
Filed: September 14, 2018
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Referring Judge: Donald G Wilkerson
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1001
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 26, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2018 Filing 30 CLERK'S JUDGMENT. Approved by Judge Nancy J. Rosenstengel on 10/26/2018. (bak)
October 26, 2018 Opinion or Order Filing 29 ORDER re #28 Notice of Voluntary Dismissal. Federal Rule of Civil Procedure 41(a)(1)(A)(i) provides that a plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party files an answer or summary judgment motion. On October 25, 2018, plaintiff filed a notice of voluntary dismissal with prejudice, prior to any opposing party filing an answer or summary judgment motion. The notice effected the immediate dismissal of the suit. All pending motions are DENIED as moot. The clerk's office shall enter judgment and close the case. Signed by Judge Nancy J. Rosenstengel on 10/26/2018. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 25, 2018 Filing 28 NOTICE of Voluntary Dismissal by Nancy Wright (Dunham, Darrell)
October 24, 2018 Filing 27 RESPONSE to #13 Motion to Dismiss, #26 Response in Opposition to Motion, #23 Response in Opposition to Motion, #25 Motion to Dismiss Defendant Southern Electrical Retirement Funds Response To Plaintiff Nancy Wrights Motion To Dismiss And Adoption Of Defendant Carolina Electrical Workers Retirement Funds Motions And Responses To Plaintiffs Pending Motions filed by Southern Electric Retirement Fund. (Kimmey, James)
October 23, 2018 Filing 26 RESPONSE in Opposition re #19 MOTION Compelling Mediation , #18 MOTION Abstain from Taking Jurisdiction filed by Carolina Electrical Workers Retirement Fund. (Campbell, Karla)
October 19, 2018 Filing 25 MOTION to Dismiss by Nancy Wright. Responses due by 11/26/2018 (Dunham, Darrell)
October 19, 2018 Filing 24 NOTICE of Appearance by Darrell W. Dunham on behalf of Nancy Wright (Dunham, Darrell)
October 16, 2018 Filing 23 RESPONSE in Opposition re #11 MOTION to Remand to State Court filed by Carolina Electrical Workers Retirement Fund. (Campbell, Karla)
October 15, 2018 Filing 22 MOTION to Strike #17 MOTION for Default Judgment as to Southern Electrical Retirement Fund by Southern Electric Retirement Fund. (Attachments: #1 Exhibit Exhibit "A")(Kimmey, James)
October 11, 2018 Filing 21 NOTICE of Appearance by James R. Kimmey, III on behalf of Southern Electric Retirement Fund (Kimmey, James)
October 10, 2018 Filing 20 NOTICE OF ACTION re #19 Motion for Miscellaneous Relief filed by Nancy Wright, #18 Motion for Miscellaneous Relief filed by Nancy Wright, #17 Motion for Default Judgment, filed by Nancy Wright, #16 Response in Opposition to Motion filed by Nancy Wright. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Dunham does not have a Notice of Appearance on file in this case.(kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 9, 2018 Filing 19 MOTION Compelling Mediation by Nancy Wright. (Dunham, Darrell)
October 9, 2018 Filing 18 MOTION Abstain from Taking Jurisdiction by Nancy Wright. (Dunham, Darrell)
October 9, 2018 Filing 17 MOTION for Default Judgment as to Southern Electrical Retirement Fund by Nancy Wright. (Attachments: #1 Exhibit A -- Judici Record, #2 Exhibit B Alias Summons issued as to Southern Electric Retirement Fund, #3 Exhibit C -- Affidavit of Service filed showing service on Southern Electrical Retirment Fund)(Dunham, Darrell)
October 9, 2018 Filing 16 RESPONSE in Opposition re #13 MOTION to Dismiss Plaintiff's Complaint filed by Nancy Wright. (Dunham, Darrell)
September 24, 2018 Filing 15 NOTICE of Appearance by Karla M. Campbell on behalf of Carolina Electrical Workers Retirement Fund (Campbell, Karla)
September 24, 2018 Opinion or Order Filing 14 ORDER granting #12 Motion to Appear Pro Hac Vice by Attorney Campbell on behalf of defendant Carolina Electrical Workers Retirement Fund. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 21, 2018 Filing 13 MOTION to Dismiss Plaintiff's Complaint by Carolina Electrical Workers Retirement Fund. Responses due by 10/25/2018 (Faul, James)
September 21, 2018 Filing 12 MOTION to Appear Pro Hac Vice by Attorney Karla M. Campbell $200 fee paid,receipt number 0754-3677924 by on behalf of Carolina Electrical Workers Retirement Fund. (Campbell, Karla)
September 21, 2018 Filing 11 MOTION to Remand to State Court by Nancy Wright. Responses due by 10/25/2018 (Dunham, Darrell)
September 21, 2018 Filing 10 NOTICE OF MODIFICATION re #8 Exhibit filed by Carolina Electrical Workers Retirement Fund. The Civil Cover sheet has been modified and linked back to the correct entry, the Removal docket entry at document #1 . No further action is required by the filer in relation to this notification. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 20, 2018 Filing 9 NOTICE by Carolina Electrical Workers Retirement Fund re 4 Order Regarding Supplement to Notice of Removal and Entry of Appearance,,,,, (Faul, James)
September 20, 2018 Filing 8 EXHIBIT by Carolina Electrical Workers Retirement Fund. Exhibit to #1 Notice of Removal CIVIL COVER SHEET. (Faul, James) Modified on 9/21/2018 (kdb).
September 20, 2018 Filing 7 NOTICE of Appearance by James Patrick Faul on behalf of Carolina Electrical Workers Retirement Fund (Faul, James)
September 20, 2018 Filing 6 EXHIBIT by Carolina Electrical Workers Retirement Fund. Exhibit to 5 Order,, REDACTED EXHIBIT A. (Faul, James)
September 18, 2018 Opinion or Order Filing 5 ORDER: It has come to the Court's attention that certain personal identifiers are located within Exhibit A to the Notice of Removal (Doc. 1-1). As set forth in Local Rule 5.1(d), the responsibility for redacting these personal identifiers rests solely with counsel and the parties. In this specific instance, however, the Court DIRECTS the Clerk's Office to seal Exhibit A to the Notice of Removal (Doc. 1-1). Counsel for Defendant Carolina Electrical Workers Retirement Fund shall file a redacted version of Exhibit A as soon as possible. Signed by Judge Nancy J. Rosenstengel on 9/18/2018. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 17, 2018 Opinion or Order Filing 4 ORDER REGARDING SUPPLEMENT TO NOTICE OF REMOVAL AND ENTRY OF APPEARANCE: Pursuant to 28 U.S.C. Section 1446, this case was removed from state court to this U.S. District Court. Section 1446(a) delineates the procedure for removing a case from state court to federal court and requires, inter alia, that the removing defendant furnish a copy of all process, pleadings, and orders served upon such defendant. Because a jury may be demanded in a state court pleading that is not served upon the defendant(s) (e.g., an answer or a separately-filed jury demand), and this Court's civil cover sheet instructs attorneys to check the Jury Demand box only if a jury was requested in the complaint, the Court hereby DIRECTS the removing defendant(s) to file as a Supplement to Notice of Removal a copy of any state court answer or other pleading/paper which contains a jury demand OR a one-line statement that no jury was demanded by any party prior to removal. If a jury demand appears in the federal case record, no Supplement to Notice of Removal need be filed. In addition, attorneys are reminded that they must file a formal entry of appearance in this case. The removing defendant(s) shall comply with this directive within 14 days from the date of this Order. Supplement to Notice of Removal due by 10/1/2018. Signed by Judge Nancy J. Rosenstengel on 9/17/2018. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 17, 2018 Filing 3 NOTICE OF ACTION - A Civil Cover Sheet was not filed as an attachment to the Removal as instructed. The Civil Cover sheet must be filed using the event found under Civil > Other Documents > Exhibit and linked back to the Removal docket entry. In addition, Attorney Faul does not have a Notice of Appearance on file in this case. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 17, 2018 Filing 2 Notice of Judge Assignment. Judge Nancy J. Rosenstengel and Magistrate Judge Donald G. Wilkerson assigned. All future documents must bear case number 18-1728-NJR-DGW. 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. (kek)
September 14, 2018 Filing 1 NOTICE OF REMOVAL from Franklin County, case number 18-LM-99 ( Filing fee $ 400 receipt number 0754-3671843), filed by Carolina Electrical Workers Retirement Fund. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Faul, James)

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Defendant: Carolina Electrical Workers Retirement Fund
Represented By: James Patrick Faul
Represented By: Karla M. Campbell
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Defendant: Southern Electric Retirement Fund
Represented By: James R. Kimmey, III
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Plaintiff: Nancy Wright
Represented By: Darrell W. Dunham
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