Green v. Wagner et al
| Logan Green |
| Stephanie Wagner and Sean Duffy |
| 3:2020cv00965 |
| September 22, 2020 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 51 NOTICE of Appearance by Devlin Joseph Schoop on behalf of Logan Green (Schoop, Devlin) |
| Filing 50 MEMORANDUM in Support re #49 MOTION to Dismiss for Failure to State a Claim filed by Sean Duffy, Stephanie Wagner. (Beasley, Kyrstin) |
| Filing 49 MOTION to Dismiss for Failure to State a Claim by Sean Duffy, Stephanie Wagner. Responses due by 12/7/2020 (Beasley, Kyrstin) |
Filing 48
ORDER granting #41 Motion for Extension of Time to Answer. The Court finds good cause to allow Defendants additional time to file an answer. A response to the Complaint is due by November 4, 2020. Signed by Judge Stephen P. McGlynn on 10/29/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 47 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 46 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Carmichael, Christopher) |
| Filing 45 NOTICE OF MODIFICATION re #44 Sealed Document. Incorrect event selected. For this document, the correct event is "Consent/Non-Consent to US Magistrate Judge" found at Civil>Other Filings>Other Documents. Docket text modified by Clerk's Office. No further action is required by the filer in relation to this notification. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 44 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Beasley, Kyrstin) Modified on 10/9/2020 (rah). |
| Filing 43 Pursuant to Administrative Order No. 277, this case is transferred from Chief Judge Nancy J. Rosenstengel and reassigned to Judge Stephen P. McGlynn. Unless the newly assigned judge directs otherwise, all deadlines and hearing dates shall remain in effect. All future pleadings shall bear the case number 20-965-SPM. (lmb) |
|
Filing 42
ORDER granting #39 Motion to Substitute Attorney. It is requested that Attorneys Lindemann and Daniel be removed from the case. The Motion is GRANTED. Defendants Waggoner and Duffy shall continue to be represented by Attorney Kyrstin Beasley. Attorney Marrian M. Daniel and Kristin Kay Lindemann terminated. Signed by Chief Judge Nancy J. Rosenstengel on 10/5/2020. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 41 MOTION for Extension of Time to File Answer re #1 Complaint by Sean Duffy, Stephanie Wagner. (Beasley, Kyrstin) |
| Filing 40 NOTICE of Appearance by Christopher W. Carmichael on behalf of Logan Green (Carmichael, Christopher) |
| Filing 39 MOTION to Substitute Attorney by Sean Duffy, Stephanie Wagner. (Beasley, Kyrstin) |
| Filing 38 NOTICE of Appearance by Kyrstin Beasley on behalf of Sean Duffy, Stephanie Wagner (Beasley, Kyrstin) |
| Filing 37 Letter to Attorney Devlin Joseph Schoop re ILSD Admission requirements (rah) |
| Filing 36 NOTICE FROM CLERK Instructing Plaintiff and Defendants 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. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff and Defendants on 9/22/2020. Consent due by 10/13/2020 (jaj) |
| Filing 35 Case transferred in from District of Illinois Northern; Case Number 1:19-cv-08156. Original file certified copy of transfer order and docket sheet received. |
| Filing 34 TRANSFERRED to the Southern Disktrict of Illinois the electronic Record. (gcy, ) [Transferred from Illinois Northern on 9/22/2020.] |
|
Filing 33
ORDER: For the reasons stated below, the Court denies defendants' motion to dismiss but grants their motion to transfer #16 . Pursuant to 28 U.S.C. 1406(a), the Clerk is directed to transfer this case forthwith to the Southern District of Illinois. Signed by the Honorable Matthew F. Kennelly on 9/21/2020. Mailed notice(gcy, ) [Transferred from Illinois Northern on 9/22/2020.]
|
| ***Civil Case Terminated. (gcy, ) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 32 ATTORNEY Appearance for Defendants Sean Duffy, Stephanie Wagner by Marrian M. Daniel (Daniel, Marrian) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 31 CERTIFICATE of Service of Defendants' Written Discovery Requests by Kristin Kay Lindemann on behalf of Sean Duffy, Stephanie Wagner (Lindemann, Kristin) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 30 MINUTE entry before the Honorable Matthew F. Kennelly: The Court vacates the 7/20/2020 status hearing in this case and will reset it, if necessary, following ruling on the pending motion to dismiss or transfer, which the Court anticipates will happen within the next 3 weeks. (mk) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 29 STATUS Report Parties' Joint Status Report Pursuant to the Court's May 14, 2020 Order by Logan Green (Schoop, Devlin) [Transferred from Illinois Northern on 9/22/2020.] |
|
Filing 28
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk7, Docket) [Transferred from Illinois Northern on 9/22/2020.]
|
|
Filing 27
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket8, ) [Transferred from Illinois Northern on 9/22/2020.]
|
| Filing 26 REPLY by Sean Duffy, Stephanie Wagner to memorandum in support of motion #17 , memorandum, #22 , MOTION by Defendants Sean Duffy, Stephanie Wagner to dismiss #16 (Lindemann, Kristin) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 25 CERTIFICATE of Service Plaintiff's First Set of Interrogatories and Requests for Production of Documents and Tangible Things to Defendants Pursuant to the May 14, 2020 Order of the Hon. Matthew F. Kennelly by Devlin Joseph Schoop on behalf of Logan Green (Schoop, Devlin) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 24 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. At the Court's instance, the status hearing set for 5/19/2020 is vacated and reset to 7/20/2020 at 9:30 AM. The parties may commence discovery. The deadline for amending the pleadings and adding parties is 11/16/2020. Fact discovery is to be completed by 12/31/2020. The parties should assume that any depositions will have to be taken by remote means and should plan accordingly. A further status report, including details regarding the status of discovery, is to be filed by 7/10/2020. None of the deadlines in this order are affected by Second Amended General Order 20-0012 or any similar order entered hereafter. (mk) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 23 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has responded to defendants' motion to dismiss or transfer venue, but they have also moved to compel the defendant to file an answer to the complaint. Plaintiff contends that a party has only two choices in responding to the complaint: move to dismiss it under Rule 12(b)(6), or file an answer. Because defendants' motion is a motion to dismiss for improper venue under Rule 12(b)(3), plaintiff argues, they have to file an answer. The Court disagrees; this is not what Rule 12 says. Rule 12(a)(1) says that a defendant must answer a complaint within a specified period ("file a responsive pleading," in Federal Rules lingo, see also Fed. R. Civ. P. 7(a), defining "pleadings"), but Rule 12(a)(4) says that if a motion "under this Rule" (i.e. Rule 12) is filed, the defendant does not have to answer until the motion is ruled upon (with other alternatives not applicable here). Defendants did file a motion "under this Rule"; they filed a Rule 12(b)(3) motion seeking dismissal. So they do not have to answer until the Court denies that motion or postpones it to trial. See Fed. R. Civ. P. 12(a)(4)(A-B). The Court therefore denies plaintiff's motion to compel #21 . (mk) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 22 MEMORANDUM motion to compel #21 , motion to dismiss #16 by Logan Green Plaintiff's Memorandum in Response to Defendants' Motion to Dismiss for Improper Venue or Alternatively to Transfer, and In Support of Plaintiff's Motion to Compel Defendants' Answer to Plaintiff's Complaint (Attachments: #1 Exhibit Decision in Brzowski v. Baldwin, Case No. 17 C 9339, pending before the Hon. Matthew F. Kennelly)(Schoop, Devlin) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 21 MOTION by Plaintiff Logan Green to compel Plaintiff's Motion to Compel Defendants' Answer to Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(a)(1)(A) (Schoop, Devlin) [Transferred from Illinois Northern on 9/22/2020.] |
|
Filing 20
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket7, ) [Transferred from Illinois Northern on 9/22/2020.]
|
| Filing 19 STATUS Report Joint Status Report by Logan Green (Schoop, Devlin) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 18 MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion to dismiss or transfer is taken under advisement. Plaintiff is directed to file a response to the motion by 5/12/2020, and defendants are directed to file a reply to the response by 5/26/2020. These dates will not be affected by Second Amended General Order 20-0012 or by any similar general order entered hereafter. The previously-entered order directing the filing of a status report and setting a status hearing remains in effect. (mk) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 17 MEMORANDUM by Sean Duffy, Stephanie Wagner in support of motion to dismiss #16 (Lindemann, Kristin) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 16 MOTION by Defendants Sean Duffy, Stephanie Wagner to dismiss Plaintiff's Complaint and Transfer Venue (Lindemann, Kristin) (Docket Text Modified by Clerk's Office on 4/20/2020) (pj, ). [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 15 NOTICE of Substitution of Counsel Within Same Firm and ATTORNEY Appearance for Defendants Sean Duffy, Stephanie Wagner by Kristin Kay Lindemann (Attachments: #1 Exhibit)(Lindemann, Kristin) (Docket Text Modified by Clerk's Office on 4/15/2020) (pj, ). [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 13 MINUTE entry before the Honorable Matthew F. Kennelly: The order just entered is corrected to reflect that the status hearing on 5/19/2020 will be held at 9:00 AM, not 9:30 AM. (mk) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 12 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, and pursuant to General Order 20-0012, as amended, the status hearing set for 4/7/2020 is vacated and reset to 5/19/2020 at 9:30 AM. The deadline for making Rule 26(a)(1) disclosures, having been extended by operation of General Order 20-0012, is now 4/17/2020. The parties are directed to file, by no later than 4/24/2020, a joint status report including the following information: details concerning any discussions regarding settlement; a proposed discovery and pretrial schedule; and any other matters the parties wish to bring to the Court's attention. These deadlines will not be affected by General Order 20-0012, as amended, or any other similar orders entered hereafter. (mk) [Transferred from Illinois Northern on 9/22/2020.] |
|
Filing 14
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket13, ) [Transferred from Illinois Northern on 9/22/2020.]
|
|
Filing 11
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) [Transferred from Illinois Northern on 9/22/2020.]
|
| Filing 10 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 3/12/2020 with attorneys for both sides. Motion to extend time #8 is granted; response to complaint and Rule 26(a)(1) disclosures are to be made by 3/27/2020. No further extensions. Status hearing is continued to 4/7/2020 at 9:00 a.m. Defense counsel is directed to be prepared to discuss the facts of the case from defendant's perspective. Motion hearing date of 3/24/2020 is vacated. Mailed notice. (mma, ) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 9 First NOTICE of Motion by Marrian M. Daniel for presentment of extension of time #8 before Honorable Matthew F. Kennelly on 3/24/2020 at 09:30 AM. (Daniel, Marrian) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 8 MOTION by Defendants Sean Duffy, Stephanie Wagner for extension of time to file answer and tender rule 26 disclosures (Daniel, Marrian) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 7 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 2/4/2020 with attorneys for both sides. Rule 26(a)(1) disclosures are to be made by 3/6/2020. Status hearing is continued to 3/12/2020 at 9:00 a.m. Mailed notice. (mma, ) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 6 ATTORNEY Appearance for Defendants Sean Duffy, Stephanie Wagner by Marrian M. Daniel (Daniel, Marrian) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 5 WAIVER OF SERVICE returned executed by Logan Green. Stephanie Wagner waiver sent on 1/6/2020, answer due 3/6/2020. (Schoop, Devlin) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 4 WAIVER OF SERVICE returned executed by Logan Green. Sean Duffy waiver sent on 1/6/2020, answer due 3/6/2020. (Schoop, Devlin) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 3 MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 2/4/2020 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant who has not yet appeared by counsel in the same manner that summons has been or is being served on each defendant. (mk) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 2 ATTORNEY Appearance for Plaintiff Logan Green by Devlin Joseph Schoop (Schoop, Devlin) [Transferred from Illinois Northern on 9/22/2020.] |
| Filing 1 COMPLAINT filed by Logan Green; Jury Demand. Filing fee $ 400, receipt number 0752-16529506. (Attachments: #1 Civil Cover Sheet Civil Cover)(Schoop, Devlin) [Transferred from Illinois Northern on 9/22/2020.] |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable David M. Weisman. Case assignment: Random assignment. (txl, ) [Transferred from Illinois Northern on 9/22/2020.] |
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.
