Altec Industries, Inc. et al v. Big D. Electric, Inc. et al
| J.J. Kane Associates, Inc. d/b/a J.J. Kane Auctioneers, Altec Industries, Inc., Altec, Inc. and J.J. Kane Associates, Inc. |
| Dana Brewer, Big D Right of Way Services, Inc. n/k/a D L Brewer Enterprises, Inc., Kent Brewer, Vicki Cook, Daniel Brewer, Big D. Electric, Inc. n/k/a K D Brewer Enterprises, Inc., Big D Right of Way Services Inc and Big D. Electric, Inc. |
| 3:2019cv01227 |
| November 8, 2019 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on December 19, 2019. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, this case is REFERRED to United States Magistrate Judge Mark A. Beatty. The Magistrate Judge shall conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. Chief Judge Nancy J. Rosenstengel no longer assigned to the case. All future documents must bear case number 19-cv-1227-MAB. Signed by Chief Judge Nancy J. Rosenstengel on 12/19/2019. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Johnson, Mark) |
| Filing 30 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Merkle, Zachary) |
| Filing 29 DEMAND for Trial by Jury by All Defendants. (Johnson, Mark) |
| Filing 28 ANSWER to #19 Amended Complaint by All Defendants.(Johnson, Mark) |
| Filing 27 NOTICE OF MODIFICATION re #26 Summons Returned Executed filed by Altec, Inc., Altec Industries, Inc. Incorrect event selected. Docket text has been modified to match the document. No further action is required by the filer in relation to this notification. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 26 SUMMONS Returned Unexecuted by Altec Industries, Inc., Altec, Inc.. (Merkle, Zachary) |
| Filing 25 SUMMONS Returned Executed by Altec Industries, Inc., Altec, Inc.. Kent Brewer served on 11/23/2019, answer due 12/16/2019. (Merkle, Zachary) |
| Filing 24 SUMMONS Returned Executed by Altec Industries, Inc., Altec, Inc.. Dana Brewer served on 11/26/2019, answer due 12/17/2019. (Merkle, Zachary) |
| Filing 23 SUMMONS Returned Executed by Altec Industries, Inc., Altec, Inc.. Daniel Brewer served on 11/26/2019, answer due 12/17/2019. (Merkle, Zachary) |
| Filing 22 SUMMONS Returned Executed by Altec Industries, Inc., Altec, Inc.. Big D Right of Way Services Inc served on 11/26/2019, answer due 12/17/2019. (Merkle, Zachary) |
| Filing 21 SUMMONS Returned Executed by Altec Industries, Inc., Altec, Inc.. Big D. Electric, Inc. served on 11/26/2019, answer due 12/17/2019. (Merkle, Zachary) |
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Filing 20
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. (tba)
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| Filing 19 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Sansone, Timothy) |
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Filing 18
ORDER REGARDING JURISDICTION: Plaintiffs assert that this court has subject matter jurisdiction based on diversity of citizenship. 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). Accordingly, Plaintiffs are ORDERED to file an Amended Complaint that corrects the defect in their pleading of the Court's subject matter jurisdiction. The Amended Complaint shall be filed no later than December 4, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 11/13/2019. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 Summonses Issued as to Big D. Electric, Inc., Big D Right of Way Services Inc, Daniel Brewer, Kent Brewer, Dana Brewer, and Vicki Cook. Original summonses mailed to Attorney Sansone. (kek) |
| Filing 16 EXHIBIT by All Plaintiffs. Exhibit to #1 Complaint, Civil Cover Sheet. (Sansone, Timothy) |
| Filing 15 NOTICE OF ACTION re #1 Complaint, The Civil Cover Sheet was not filed as an attachment to the Complaint as instructed. The Civil Cover sheet must be filed using the event found under Civil > Other Documents > Exhibit and linked back to the Complaint docket entry. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 19-1227-NJR-MAB. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. (Attachments: #1 Consent Brochure)(trb) |
| Filing 13 Corporate Disclosure Statement by J.J. Kane Associates, Inc. d/b/a J.J. Kane Auctioneers identifying Corporate Parent Altec, Inc. for J.J. Kane Associates, Inc. d/b/a J.J. Kane Auctioneers. (Sansone, Timothy) |
| Filing 12 Corporate Disclosure Statement by Altec, Inc.. (Sansone, Timothy) |
| Filing 11 Corporate Disclosure Statement by Altec Industries, Inc. identifying Corporate Parent Altec, Inc. for Altec Industries, Inc.. (Sansone, Timothy) |
| Filing 10 Summons Requested. (Sansone, Timothy) |
| Filing 9 Summons Requested. (Sansone, Timothy) |
| Filing 8 Summons Requested. (Sansone, Timothy) |
| Filing 7 Summons Requested. (Sansone, Timothy) |
| Filing 6 Summons Requested. (Sansone, Timothy) |
| Filing 5 Summons Requested. (Sansone, Timothy) |
| Filing 4 NOTICE of Appearance by Zachary S. Merkle on behalf of All Plaintiffs (Merkle, Zachary) |
| Filing 3 NOTICE of Appearance by Mary Anne Mellow on behalf of All Plaintiffs (Mellow, Mary) |
| Filing 2 NOTICE of Appearance by Timothy C. Sansone on behalf of Altec Industries, Inc., Altec, Inc., J.J. Kane Associates, Inc. d/b/a J.J. Kane Auctioneers (Sansone, Timothy) |
| Filing 1 COMPLAINT against Big D Right of Way Services, Inc. n/k/a D L Brewer Enterprises, Inc., Big D. Electric, Inc. n/k/a K D Brewer Enterprises, Inc., Dana Brewer, Daniel Brewer, Kent Brewer, Vicki Cook ( Filing fee $ 400 receipt number 0754-4022543.), filed by Altec Industries, Inc., J.J. Kane Associates, Inc. d/b/a J.J. Kane Auctioneers, Altec, Inc..(Sansone, Timothy) |
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