Depositors Insurance Company v. Kelly
Plaintiff: Depositors Insurance Company
Defendant: Thomas Kelly
Case Number: 3:2020cv00353
Filed: April 15, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Mark A Beatty
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. ยง 2201
Jury Demanded By: None
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Docket Report

This docket was last retrieved on May 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 19, 2020 Opinion or Order Filing 19 ORDER DISMISSING CASE: Plaintiff filed #18 "Stipulation of Dismissal without Prejudice," in which it seeks to dismiss this action without prejudice. Under Federal Rule of Civil Procedure 41(a)(1)(A)(i), the plaintiff may dismiss an action without a court order at any time before the opposing party serves either an answer or a motion for summary judgment. In this case, Defendant Thomas Kelly filed a motion to dismiss (Doc. 10), but not an answer or motion for summary judgment. Therefore, Plaintiff's notice of dismissal is effective immediately upon filing and does not require judicial approval. See Nelson v. Napolitano, 657 F.3d 586 (7th Cir. 2011). This case is accordingly DISMISSED without prejudice and will be closed on the Court's docket. Signed by Magistrate Judge Mark A. Beatty on 5/19/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 14, 2020 Filing 18 STIPULATION of Dismissal Without Prejudice by Depositors Insurance Company. (Watters, Russell)
May 7, 2020 Filing 17 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 3:20-cv-353-MAB. Any District Judge previously assigned will no longer be assigned to this case. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 7, 2020 Filing 16 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Watters, Russell) Modified as FINAL and unsealed on 5/7/2020 (kls3).
May 7, 2020 Filing 15 NOTICE: Depositors Insurance Company was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Depositors Insurance Company shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 5/14/2020 (kls3)
May 5, 2020 Filing 14 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Thomas, William) Unsealed on 5/7/2020 (kls3).
May 4, 2020 Filing 13 NOTICE FROM CLERK Instructing Thomas Kelly to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Thomas Kelly on 5/4/2020. Consent due by 5/26/2020 (kls3)
May 4, 2020 Filing 12 NOTICE OF MODIFICATION re #9 Notice (Other) filed by Thomas Kelly. Text entry modified to more accurately reflect the title of the document as a Notice of Appearance. No further action is required by the filer in relation to this notification. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 4, 2020 Filing 11 MEMORANDUM in Support re #10 MOTION to Dismiss Plaintiff's Complaint Or In The Alternative Motion to Stay Litigation filed by Thomas Kelly. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Thomas, William)
May 4, 2020 Filing 10 MOTION to Dismiss Plaintiff's Complaint Or In The Alternative Motion to Stay Litigation by Thomas Kelly. Responses due by 6/8/2020 (Thomas, William)
May 4, 2020 Filing 9 NOTICE OF APPEARANCE by William Thomas on behalf of Thomas Kelly (Thomas, William) Modified on 5/4/2020 (kls3).
April 16, 2020 Filing 8 Summons Issued as to Thomas Kelly. (jsm2)
April 15, 2020 Filing 7 SUPPLEMENT by Depositors Insurance Company. Supplement to #1 Complaint, Summons. (Watters, Russell)
April 15, 2020 Filing 6 SUPPLEMENT by Depositors Insurance Company. Supplement to #1 Complaint, Civil Cover Sheet. (Watters, Russell)
April 15, 2020 Filing 5 NOTICE of Appearance by Russell F. Watters on behalf of Depositors Insurance Company (Watters, Russell)
April 15, 2020 Filing 4 NOTICE OF ACTION AND REGARDING FILING. The Civil Cover Sheet submitted is not electronically signed. See Section 2, page 2.1 of User's Manual. In addition, the Civil Cover Sheet and Summons submitted are fillable documents. Fillable documents should be converted to non-fillable PDF documents before filing on CM/ECF. E-filer is instructed to re-file the electronically signed Civil Cover Sheet. (kls3)
April 15, 2020 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 Watters does not have a Notice of Appearance on file in this case. (kls3)
April 15, 2020 Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Depositors Insurance Company. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:20-cv-353-MAB. Consent due by 5/6/2020 (kls3)
April 15, 2020 Filing 1 COMPLAINT for Declaratory Judgment against Thomas Kelly ( Filing fee $ 400 receipt number 0754-4160867.), filed by Depositors Insurance Company. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet Attachment, #3 Summons Attachment)(Watters, Russell)

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Defendant: Thomas Kelly
Represented By: William S. Thomas
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Plaintiff: Depositors Insurance Company
Represented By: Russell F. Watters
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