KMK Metal Fabricators v. Federated Mutual Insurance Company
| KMK Metal Fabricators and KMK Metal Fabricators, Inc. |
| Federated Mutual Insurance Company |
| 3:2019cv00844 |
| August 2, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Gilbert C Sison |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 14, 2020. A more recent docket listing may be available from PACER.
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| Filing 40 NOTICE REGARDING FILING re #37 Motion for Extension of Time filed by Federated Mutual Insurance Company. The Motion does not include the appropriate electronic signature. For future filings, refer to Electronic Filing Rule 8 in the User's Manual Section 2.0 (Retention & Signature Requirements). NO action is necessary as this notice is for informational purposes only. THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 39 MEMORANDUM in Support re #38 MOTION to Amend/Correct #28 Scheduling Order filed by KMK Metal Fabricators, Inc.. (Chatham, Grey) |
| Filing 38 MOTION to Amend/Correct #28 Scheduling Order by KMK Metal Fabricators, Inc.. (Chatham, Grey) |
| Filing 37 MOTION for Extension of Time to Take Plaintiff's Depositions by Federated Mutual Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mossman-Canfield, Kendall) |
| Filing 36 First MOTION for Hearing Motion to Dismiss by Federated Mutual Insurance Company. (Chacon, Zacarias) |
| Filing 35 NOTICE: A party to this action has declined to consent to magistrate judge jurisdiction. Accordingly, pursuant to Administrative Order 257, effective immediately, this case will no longer be referred to a Magistrate Judge for pretrial proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 19-844-NJR. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 34 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Chacon, Zacarias) |
| Filing 33 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Chatham, Grey) |
Filing 32
ORDER: Pursuant to Administrative Order 257, this case has been selected for reassignment to a Magistrate Judge. Within 21 days of this Order, any party not previously having filed a Notice and Consent to Proceed before a Magistrate Judge Jurisdiction form in this case must file the attached form indicating that party's consent to proceed before a Magistrate Judge or an affirmative declination to consent. The 21-day deadline set forth in this Order does not apply to unserved parties. Deadlines for newly served parties to consent or decline to consent to proceed before a Magistrate Judge will be set by the Court at a later date. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent due by 12/23/2019.. Signed by Chief Judge Nancy J. Rosenstengel on 12/2/19. (kdw)
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| Filing 31 REPLY to Response to Motion re #22 MOTION to Dismiss and Brief in Support Thereof filed by Federated Mutual Insurance Company. (Mossman-Canfield, Kendall) |
| Filing 30 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #29 Reply to Response to Motion filed by Federated Mutual Insurance Company. Login and password do not match. Filer will re-file documents.(amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 29 STRICKEN REPLY to Response to Motion re #22 MOTION to Dismiss and Brief in Support Thereof filed by Federated Mutual Insurance Company. (Mossman-Canfield, Kendall) |
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Filing 28
SCHEDULING AND DISCOVERY ORDER: Discovery due by 6/8/2020. Dispositive Motions due by 6/23/2020. Signed by Magistrate Judge Gilbert C. Sison on 11/22/2019. (Attachments: #1 Joint Report of Parties)(dmw2)
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| Filing 27 Minute Entry for proceedings held before Magistrate Judge Gilbert C. Sison: Telephonic Scheduling Conference held on 11/22/2019. 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. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 26 NOTICE RESETTING Hearing: The Telephonic Scheduling Conference is RESET to 11/22/2019 at 9:00 AM before Magistrate Judge Gilbert C. Sison. The call-in information remains the same as found at Doc. 24.(dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 25 RESPONSE to Motion re #22 MOTION to Dismiss and Brief in Support Thereof filed by KMK Metal Fabricators, Inc.. (Chatham, Grey) |
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Filing 24
ORDER: Telephonic Scheduling Conference set for 11/21/2019 at 10:30 AM 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: 0844. Signed by Magistrate Judge Gilbert C. Sison on 10/24/2019. (dmw2)
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| Filing 23 CJRA TRACK B assigned: Final Pretrial Conference set for 9/10/2020 at 10:30 AM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Bench Trial month set for October 2020. (Attachments: #1 Consent to Magistrate Judge)(drb) |
| Filing 22 MOTION to Dismiss and Brief in Support Thereof by Federated Mutual Insurance Company. Responses due by 11/18/2019 (Attachments: #1 Exhibit A)(Mossman-Canfield, Kendall) |
| Filing 21 AMENDED COMPLAINT against Federated Mutual Insurance Company, filed by KMK Metal Fabricators, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Chatham, Jr., Grey) |
| Filing 20 NOTICE OF MODIFICATION re #19 Summons Returned Executed filed by KMK Metal Fabricators, Inc. Document incorrectly filed, therefore answer due date was not calculated correctly. Entry has been modified to include service and answer date. No further action is required by the filer in relation to this notification. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 19 SUMMONS Returned Executed by KMK Metal Fabricators, Inc. Defendant served on 8/26/19, Answer due 9/16/19. (Chatham, Jr., Grey) Modified on 9/20/2019 (amv). |
| Set Deadlines: Amended Pleadings due by 10/2/2019. (amv) |
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Filing 18
ORDER: The complaint does not contain a jurisdictional statement as required under Fed. R. Civ. P. 8(a). Although jurisdiction appears to be based on diversity of citizenship under 28 U.S.C. 1332, neither the complaint nor the record indicates the principal places of business of the corporate parties. 28 U.S.C. 1332(c) ("a corporation shall be deemed a citizen of any State by which it has been incorporated and of the State where it has its principal place of business"); See Jason's Foods, Inc. v. Peter Eckrich & Sons, Inc., 768 F.2d 189 (7th Cir. 1985) (plaintiff corporation's failure to allege the principal place of business of defendant corporation, along with the lack of any indication as to the principal place of business in the record, warranted remand). Accordingly, the plaintiff SHALL file an amended complaint with the necessary jurisdictional allegations on or before October 2, 2019.Signed by Chief Judge Nancy J. Rosenstengel on 9/17/2019. (jmp2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #16 Return of Service Executed filed by KMK Metal Fabricators, Inc. Incorrect event selected. Select the event which most closely matches the document being filed. For this document, the correct event is "Summons Returned Executed. E-filer is instructed to re-file using Civil>Service of Process> Summons Returned Executed in order to properly trigger the answer due deadline. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 16 STRICKEN RETURN OF SERVICE EXECUTED by KMK Metal Fabricators, Inc. on 8/26/19. (Chatham, Sr., Grey) Modified on 9/13/2019 (amv). |
| Filing 15 NOTICE of Appearance by Zacarias Chacon on behalf of Federated Mutual Insurance Company (Chacon, Zacarias) |
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Filing 14
ORDER granting #12 Zacarias Chacon Motion to Appear Pro Hac Vice. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 NOTICE REGARDING FILING re #12 Motion to Appear Pro Hac Vice filed by Federated Mutual Insurance Company. Motion is a fillable document. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF. This Notice is sent for informational purposes only. (amv)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 Zacarias Chacon $200 fee paid,receipt number 0754-3976485 by on behalf of Federated Mutual Insurance Company. (Chacon, Zacarias) |
| Filing 11 Consent MOTION for Extension of Time , MOTION for Extension of Time to File Answer re #1 Complaint, by Federated Mutual Insurance Company. (Johnson, Adam) |
| Filing 10 NOTICE of Appearance by Adam S. Johnson on behalf of Federated Mutual Insurance Company (Johnson, Adam) |
| Filing 9 NOTICE of Appearance by Kendall J. Mossman-Canfield on behalf of Federated Mutual Insurance Company (Mossman-Canfield, Kendall) |
| Filing 8 NOTICE of Appearance by Grey R. Chatham, Jr. on behalf of KMK Metal Fabricators, Inc. (Chatham, Jr., Grey) |
| Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 6 Notice of Action. Entry docketed in incorrect case. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 STRICKEN 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 Cady does not have a Notice of Appearance on file in this case. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 8/6/2019 (amv). |
| Filing 5 Summons Issued as to Federated Mutual Insurance Company. (cds) |
| Filing 4 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Gilbert C. Sison assigned. All future documents must bear case number 19-cv-844-NJR-GCS. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (Attachments: #1 Consent brochure)(cds) |
| Filing 3 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 Chatham does not have a Notice of Appearance on file in this case. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 Summons Requested. (Chatham, Jr., Grey) |
| Filing 1 COMPLAINT against Federated Mutual Insurance Company ( Filing fee $ 400 receipt number 0754-3944750.), filed by KMK Metal Fabricators. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(Chatham, Jr., Grey) |
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