Kingsley v. Tomes
| Johnny Kingsley |
| Shirlene Tomes |
| 3:2019cv00836 |
| August 1, 2019 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Nancy J Rosenstengel |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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Filing 13
ORDER SETTING SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 11/5/2019 at 2:30 PM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Joint Report of the Parties due seven days before the conference. The parties are reminded that the proposed discovery and dispositive motions deadlines must be in compliance with the requirements set forth in this Court's form order. See also SDIL-LR 7.1(f) and Timetable. Instructions for joining the conference call are as follows: Call toll free 877-336-1829; when prompted enter Access Code 4442281; followed by Security Code 3197. Signed by Magistrate Judge Mark A. Beatty on 9/27/2019. (arf)
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| Filing 12 CJRA TRACK B assigned: Final Pretrial Conference set for 8/13/2020 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Jury Trial month set for September 2020. (Attachments: #1 Consent to Magistrate Judge)(drb) |
| Filing 11 ANSWER to #1 Complaint by Shirlene Tomes.(Shaw, Robert) |
| Filing 10 DEMAND for Trial by Jury by Shirlene Tomes. (Shaw, Robert) |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Christeson, John) |
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Filing 8
ORDER DENYING #7 Motion to Strike. Defendant asked to strike various paragraphs from the background section of the complaint, arguing that these allegations "bear no relationship" to the claims asserted in the complaint (Doc. 7). Under Rule 12(f), "[t]he court may strike from a pleading... any redundant, immaterial, impertinent, or scandalous matter." Fed. R. Civ. P. 12(f). Motions to strike, however, are generally disfavored, and there is a general judicial consensus that "they should be denied unless the challenged allegations have no possible relation or logical connection to the subject matter of the controversy and may cause some form of significant prejudice to one or more of the parties to the action." 5C Charles A. Wright & Arthur R. Miller, Federal Practice and Procedure 1382 (3d ed.); Heller Fin., Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1294 (7th Cir. 1989). Although the allegations at issue may be superfluous, Defendant made no argument that they are prejudicial in any manner, (see Doc. 7), and the Court has no reason to believe that might be the case. Consequently, the motion to strike is denied. Signed by Magistrate Judge Mark A. Beatty on 8/23/2019. (klh2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION to Strike #1 Complaint by Shirlene Tomes. (Shaw, Robert) |
| Filing 6 NOTICE of Appearance by Robert E. Shaw on behalf of Shirlene Tomes (Shaw, Robert) |
| Filing 5 SUMMONS Returned Executed by Johnny Kingsley. Shirlene Tomes served on 8/5/2019, answer due 8/26/2019. (Christeson, John) |
| Filing 4 Summons Issued as to Shirlene Tomes. (cjo) |
| Filing 3 NOTICE of Appearance by John R. Christeson on behalf of Johnny Kingsley (Christeson, John) |
| Filing 2 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 19-836-NJR-MAB. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (Attachments: #1 Consent Brochure)(cjo) |
| NOTICE OF ACTION. 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 Christeson does not have a Notice of Appearance on file in this case. (cjo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 1 COMPLAINT against Shirlene Tomes ( Filing fee $ 400 receipt number 0754-3943757.), filed by Johnny Kingsley. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Christeson, John) |
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| Defendant: Shirlene Tomes | |
| Represented By: | Robert E. Shaw |
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| Plaintiff: Johnny Kingsley | |
| Represented By: | John R. Christeson |
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