Thirty Madison, Inc. v. Sterling Pharmaceutical Services, LLC et al
Thirty Madison, Inc. |
Robert G. Flynn, Robert T. Flynn and Sterling Pharmaceutical Services, LLC |
3:2019cv00338 |
March 22, 2019 |
US District Court for the Southern District of Illinois |
Nancy J Rosenstengel |
Gilbert C Sison |
Contract: Other |
28 U.S.C. § 1332 |
Both |
Docket Report
This docket was last retrieved on June 27, 2019. A more recent docket listing may be available from PACER.
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Filing 34 ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 2/4/2020 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Gilbert C. Sison. Settlement statements due on or before 1/28/2020. Signed by Magistrate Judge Gilbert C. Sison on 6/27/2019. (dmw2) |
Filing 33 SCHEDULING AND DISCOVERY ORDER: Discovery due by 5/9/2020. Dispositive Motions due by 5/24/2020. Signed by Magistrate Judge Gilbert C. Sison on 6/27/2019. (Attachments: #1 Joint Report of Parties)(dmw2) |
Filing 32 Minute Entry for proceedings held before Magistrate Judge Gilbert C. Sison: Telephonic Scheduling Conference held on 6/27/2019. Attorneys Kristin Tucker, Robert Brazier and Jason Rankin present on behalf of Plaintiff. Attorney Drew Baebler present on behalf of Defendants. The Joint Report of the Parties will be adopted. Should the parties seek to amend the trial date, a written motion will be required. The parties are reminded of the option of consenting to the magistrate judge. A Settlement Conference is set for 2/4/2020 at 9:00 a.m. before Magistrate Judge Gilbert C. Sison. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 31 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 30 Notice Regarding Filing, docket clerk error. Document #29 Notice (Other) filed by Sterling Pharmaceutical Services, LLC, Robert G. Flynn, Robert T. Flynn, stricken as this document is not filed in this Court. See Rule 26.1(b)Filing of Disclosure and Discovery. Interrogatories under Federal Rule of Civil Procedure 33 and the answers thereto, requests for production or inspection under Federal Rule of Civil Procedure 34, and depositions under Federal Rules of Civil Procedure 30 and 31 shall be served upon other counsel or parties but shall not be filed with the court. This includes notice of service of discovery documents. The party responsible for service of the discovery material shall retain the original and become the custodian thereof(kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 30 STRICKEN NOTICE REGARDING FILING re #29 Notice (Other) filed by Sterling Pharmaceutical Services, LLC, Robert G. Flynn, Robert T. Flynn. The document attached contains a Notice of Filing. Notices of Filing and Certificates of Service should only be filed as the final page of a pleading, and not a standalone document.(kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 6/25/2019 (kdb). |
Filing 29 STRICKEN NOTICE by All Defendants Certificate of Service Re Service of Defendants' Rule 26 Initial Disclosures (Baebler, Drew) Modified on 6/25/2019 (kdb). |
Filing 28 ORDER: Telephonic Scheduling Conference set for 6/27/2019 at 2:30 PM before Magistrate Judge Gilbert C. Sison. Instructions for the conference call are as follows: (1) call toll-free: 888-273-3658; (2) when prompted, enter the seven-digit Access Code: 5699758; (3) when prompted, enter the four-digit Security Code: 0338. Signed by Magistrate Judge Gilbert C. Sison on 5/29/2019. (dmw2) |
Filing 27 CJRA TRACK C assigned: Final Pretrial Conference set for 9/3/2020 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Jury Trial month set for September 2020 in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. (Attachments: #1 Consent to Magistrate Judge)(drb) |
Filing 26 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #25 CJRA Track. Order incorrectly listed in the caption that this matter is set for a BENCH trial. Order will be stricken and refiled to correctly reflect a JURY trial. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 25 ENTRY STRICKEN - CJRA TRACK C assigned: Final Pretrial Conference set for 9/3/2020 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Jury Trial month set for September 2020 in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. (Attachments: #1 Consent to Magistrate Judge)(drb) Modified on 5/24/2019 (drb). |
Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Defendants' Counterclaim Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Thirty Madison, Inc.. (Rankin, W.) |
Filing 23 MOTION to Dismiss for Failure to State a Claim Motion to Dismiss Defendants' Counterclaim Pursuant to Fed. R. Civ. P. 12(b)(6) by Thirty Madison, Inc.. Responses due by 6/24/2019 (Rankin, W.) |
Filing 22 Defendants' Amended ANSWER to #21 Amended Complaint , COUNTERCLAIM against All Defendants by All Defendants.(Baebler, Drew) |
Filing 21 AMENDED COMPLAINT against Robert T. Flynn, Robert G. Flynn, Sterling Pharmaceutical Services, LLC, filed by Thirty Madison, Inc..(Rankin, W.) |
Filing 20 ORDER REGARDING JURISDICTION: In light of Seventh Circuit admonitions, see, e.g. America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072 (1992), the Court has undertaken an initial review of the pleadings to ensure that jurisdiction has been properly pleaded. Plaintiff invokes jurisdiction pursuant to 28 U.S.C. 1332, the diversity statute. Plaintiff has made jurisdictional allegations based upon "information and belief" (See Doc. 1, p. 1-2). It is well settled in the Seventh Circuit that jurisdictional allegations based upon information and belief are insufficient to establish federal subject matter jurisdiction. America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992) (per curiam). Additionally, the amount in controversy must exceed "$75,000, exclusive of interest and costs" for the Court to have diversity jurisdiction over the case. 28 U.S.C. 1332 (emphasis added). The Complaint alleges that the amount in controversy exceeds $75,000, but does not allege the amount in controversy, exclusive of interest and costs (Doc. 1, p. 2). Accordingly, Plaintiff is ORDERED to file an Amended Complaint that corrects the defects in its pleading of the Court's subject matter jurisdiction. The Amended Complaint shall be filed no later than May 16, 2019. (Amended Pleadings due by 5/16/2019). Signed by Chief Judge Nancy J. Rosenstengel on 5/2/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 19 NOTICE of Appearance by Drew C. Baebler on behalf of All Defendants (Baebler, Drew) |
Filing 18 NOTICE OF ACTION re #17 Answer to Complaint, Counterclaim filed by Sterling Pharmaceutical Services, LLC, Robert G. Flynn, Robert T. Flynn, Drew C Baebler. 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 Baebler 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. |
Filing 17 Defendants' ANSWER to Complaint , First COUNTERCLAIM against Thirty Madison, Inc. by All Defendants.(Baebler, Drew) |
Filing 16 SUMMONS Returned Executed by Thirty Madison, Inc.. Robert G. Flynn served on 4/2/2019, answer due 4/23/2019. (Rankin, W.) |
Filing 15 SUMMONS Returned Executed by Thirty Madison, Inc.. Robert T. Flynn served on 4/2/2019, answer due 4/23/2019. (Rankin, W.) |
Filing 14 SUMMONS Returned Executed by Thirty Madison, Inc.. Sterling Pharmaceutical Services, LLC served on 4/2/2019, answer due 4/23/2019. (Rankin, W.) |
Filing 13 ORDER granting #12 Motion to Appear Pro Hac Vice by Attorney Tucker on behalf of Thirty Madison, Inc. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 12 MOTION to Appear Pro Hac Vice by Attorney Kristin S. Tucker $200 fee paid,receipt number 0754-3845722 by on behalf of All Plaintiffs. (Tucker, Kristin) |
Filing 11 ORDER granting #10 Motion to Appear Pro Hac Vice. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 10 MOTION to Appear Pro Hac Vice by Attorney Robert G. Brazier $200 fee paid,receipt number 0754-3844410 by on behalf of All Plaintiffs. (Brazier, Robert) |
Filing 9 ORDER granting #8 Motion to Appear Pro Hac Vice by Attorney Hall on behalf of Plaintiff Thirty Madison, Inc. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 8 MOTION to Appear Pro Hac Vice by Attorney Steven G. Hall $200 fee paid,receipt number 0754-3843001 by on behalf of All Plaintiffs. (Hall, Steven) |
Filing 7 Summons Issued as to Sterling Pharmaceutical Services, LLC and original mailed to Attorney Rankin. (kdb) |
Filing 6 Summons Issued as to Robert T. Flynn and original mailed to Attorney Rankin. (kdb) |
Filing 5 Summons Issued as to Robert G. Flynn and original mailed to Attorney Rankin. (kdb) |
Filing 4 Notice of Judge Assignment. Judge Nancy J. Rosenstengel and Magistrate Judge Gilbert C. Sison assigned. All future documents must bear case number 19-338-NJR-GCS. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (Attachments: #1 Consent Brochure)(kdb) |
Filing 3 Corporate Disclosure Statement by Thirty Madison, Inc.. (Rankin, W.) |
Filing 2 NOTICE of Appearance by W. Jason Rankin on behalf of Thirty Madison, Inc. (Rankin, W.) |
Filing 1 COMPLAINT against Robert T. Flynn, Robert G. Flynn, Sterling Pharmaceutical Services, LLC ( Filing fee $ 400 receipt number 0754-3835660.), filed by Thirty Madison, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Rankin, W.) |
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