Huerta et al v. Brown et al
| Jesus Huerta, Patricia De Leon and Jesus T. Huerta |
| Swift Transportation Company of Arizona, LLC, Carletta Brown and Carletta L. Brown |
| 3:2019cv01114 |
| October 11, 2019 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Nancy J Rosenstengel |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 19
ORDER SETTING SCHEDULING CONFERENCE: A Telephonic Scheduling Conference is set for 01/14/2020 at 9:30 AM before Chief Judge Nancy J. Rosenstengel. Instructions for placing the conference call are as follows: call toll free 877-336-1831; when prompted enter Access Code 9139610; followed by Security Code 9342. The parties are to submit a Joint Report and Proposed Scheduling and Discovery Order seven (7) days prior to the conference call. Signed by Chief Judge Nancy J. Rosenstengel on 12/5/2019. (drb)
|
| Filing 18 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 Mark A. Beatty no longer assigned to the case. All future documents must bear case number 19-1114-NJR. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Reda, Michael) |
| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Rademacher, Paul) |
|
Filing 15
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 12/2/2019. (kek)
|
| Filing 14 NOTICE of Appearance by Paul E.H. Rademacher on behalf of All Plaintiffs (Rademacher, Paul) |
| Filing 13 CJRA TRACK C assigned: Final Pretrial Conference set for 1/14/2021 at 10:30 AM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Presumptive Jury Trial month set for February 2020. (Attachments: #1 Consent to Magistrate Judge)(drb) |
| Filing 12 AMENDED ANSWER to Plaintiffs' Complaint and Affirmative Defenses by Swift Transportation Company of Arizona, LLC. (Reda, Michael) |
| Filing 11 ANSWER to Complaint by Swift Transportation Company of Arizona, LLC.(Reda, Michael) |
| Filing 10 AMENDED NOTICE OF REMOVAL by Swift Transportation Company of Arizona, LLC. Amendment to #1 Notice of Removal, Amended Notice of Removal. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Reda, Michael) Modified on 10/23/2019 (amv). |
| Filing 9 NOTICE of Appearance by Adam S. McGonigle on behalf of Swift Transportation Company of Arizona, LLC (McGonigle, Adam) |
|
Filing 8
JURISDICTIONAL ORDER: 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. Defendant Swift Transportation Company of Arizona, LLC invokes jurisdiction pursuant to 28 U.S.C. 1332, the diversity statute. Defendant Swift has made jurisdictional allegations based upon "information and belief" (See Doc. 1, p. 4). 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). Accordingly, Defendant Swift is ORDERED to file an Amended Notice of Removal that corrects the defects in its pleading of the Court's subject matter jurisdiction. The Amended Notice of Removal shall be filed no later than November 18, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 10/17/2019. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 7 NOTICE of Appearance by James M. Ruppert on behalf of All Plaintiffs (Ruppert, James) |
| Filing 6 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 Ruppert 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. |
| Filing 5 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 19-1114-NJR-MAB. 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. (Attachments: #1 Consent Brochure)(amv) |
| Filing 4 NOTICE by Swift Transportation Company of Arizona, LLC re #1 Notice of Removal, (Attachments: #1 Exhibit A-Notice of Removal, #2 Exhibit B-State Court Pleadings)(Reda, Michael) |
| Filing 3 NOTICE of Appearance by Michael Reda on behalf of Swift Transportation Company of Arizona, LLC (Reda, Michael) |
| Filing 2 Corporate Disclosure Statement by Swift Transportation Company of Arizona, LLC. (Reda, Michael) |
| Filing 1 NOTICE OF REMOVAL from Effingham County Circuit Court`, case number 19-L-32 ( Filing fee $ 400 receipt number 0754-4000277), filed by Swift Transportation Company of Arizona, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-State Court Pleadings, #3 Exhibit B-Affidavit)(Reda, Michael) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
