West Bend Mutual Insurance Company v. Belleville Fitness, LTD. et al
Plaintiff: West Bend Mutual Insurance Company
Defendant: Nhydia Walker, Dynamic Fitness Management, LTD., CF of Fairview Heights, LLC, Dominick Young, Club Fitness, Inc. and Belleville Fitness, LTD.
Case Number: 3:2020cv01099
Filed: October 16, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Reona J Daly
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on December 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2020 Opinion or Order Filing 46 ORDER GRANTING #42 MOTION for Extension of Time to File Answer filed by Club Fitness, Inc. Club Fitness, Inc. shall answer or otherwise respond to Plaintiff's Complaint on or before 12/22/2020. Signed by Magistrate Judge Reona J. Daly on 12/9/2020. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 9, 2020 Filing 45 NOTICE FROM CLERK Instructing Club Fitness, Inc and Nhydia Walker 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 Club Fitness, Inc and Nhydia Walker on 12/9/2020. Consent due by 12/30/2020 (tba)
December 8, 2020 Filing 44 DEMAND for Trial by Jury by Nhydia Walker. (Etzkorn, Kevin)
December 8, 2020 Filing 43 ANSWER to #1 Complaint, by Nhydia Walker.(Etzkorn, Kevin)
December 8, 2020 Filing 42 MOTION for Extension of Time to File Answer by Club Fitness, Inc.. (Cloud, Patrick)
December 8, 2020 Filing 41 NOTICE of Appearance by Kevin P. Etzkorn on behalf of Nhydia Walker (Etzkorn, Kevin)
December 8, 2020 Filing 40 DEMAND for Trial by Jury by Club Fitness, Inc.. (Cloud, Patrick)
December 8, 2020 Filing 39 NOTICE of Appearance by Patrick D. Cloud on behalf of Club Fitness, Inc. (Cloud, Patrick)
December 3, 2020 Opinion or Order Filing 38 ORDER granting #37 Motion to Appear Pro Hac Vice by Attorney Kevin Etzkorn on behalf of Defendant, Nhydia Walker. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 2, 2020 Filing 37 MOTION to Appear Pro Hac Vice by Attorney Kevin P. Etzkorn $200 fee paid,receipt number 0754-4347095 by on behalf of Nhydia Walker. (Etzkorn, Kevin)
November 12, 2020 Opinion or Order Filing 36 ORDER DENYING #35 MOTION Appointment of Special Process Server filed by West Bend Mutual Insurance Company. Except for certain cases, appointment of a special process server is discretionary. Fed. R. Civ. P. 4(c)(2). Without any information as to why a Court-appointed server is necessary in this matter, the Court declines to make such an appointment. See JTH Tax Inc. v. Lee, No. 07-mc-4008, 2008 WL 132505, *2 (C.D. Ill. May 4, 2007). Signed by Magistrate Judge Reona J. Daly on 11/12/2020. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 10, 2020 Filing 35 MOTION Appointment of Special Process Server by West Bend Mutual Insurance Company. (Morrow, Jonathan)
November 9, 2020 Filing 34 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Morrow, Jonathan)
November 5, 2020 Filing 33 Summons Issued as to Nhydia Walker. Original mailed to Attorney Jonathan B. Morrow. (tba)
November 5, 2020 Filing 32 Summons Reissued as to Dynamic Fitness Management, LTD.. Original mailed to Attorney Jonathan B. Morrow. (tba)
November 5, 2020 Filing 31 Summons Reissued as to Dominick Young. Original mailed to Attorney Jonathan B. Morrow. (tba)
November 5, 2020 Filing 30 Summons Reissued as to Club Fitness, Inc.. Original mailed to Attorney Jonathan B. Morrow. (tba)
November 5, 2020 Filing 29 Summons Reissued as to CF of Fairview Heights, LLC. Original mailed to Attorney Jonathan B. Morrow. (tba)
November 5, 2020 Filing 28 Summons Reissued as to Belleville Fitness, LTD.. Original mailed to Attorney Jonathan B. Morrow. (tba)
November 4, 2020 Filing 27 Summons Requested. (Morrow, Jonathan)
November 4, 2020 Filing 26 Summons Requested. (Morrow, Jonathan)
November 4, 2020 Filing 25 Summons Requested. (Morrow, Jonathan)
November 4, 2020 Filing 24 Summons Requested. (Morrow, Jonathan)
November 4, 2020 Filing 23 Summons Requested. (Morrow, Jonathan)
November 4, 2020 Filing 22 Summons Requested. (Morrow, Jonathan)
November 2, 2020 Opinion or Order Filing 21 ORDER GRANTING #19 MOTION to Substitute Attorney filed by West Bend Mutual Insurance Company. Attorney Daniel G. Hasenstab terminated. Signed by Magistrate Judge Reona J. Daly on 11/2/2020. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 30, 2020 Filing 20 NOTICE REGARDING FILING re #19 Motion to Substitute Attorney filed by West Bend Mutual Insurance Company. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required.(tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 29, 2020 Filing 19 MOTION to Substitute Attorney by West Bend Mutual Insurance Company. (Morrow, Jonathan)
October 26, 2020 Filing 18 Summons Issued as to Dynamic Fitness Management, LTD.. Original mailed to Attorney Daniel G. Hasenstab. (tba)
October 26, 2020 Filing 17 Summons Issued as to Dominick Young. Original mailed to Attorney Daniel G. Hasenstab. (tba)
October 26, 2020 Filing 16 Summons Issued as to Club Fitness, Inc.. Original mailed to Attorney Daniel G. Hasenstab. (tba)
October 26, 2020 Filing 15 Summons Issued as to CF of Fairview Heights, LLC. Original mailed to Attorney Daniel G. Hasenstab. (tba)
October 26, 2020 Filing 14 Summons Issued as to Belleville Fitness, LTD.. Original mailed to Attorney Daniel G. Hasenstab. (tba)
October 23, 2020 Filing 13 Summons Requested. (Hasenstab, Daniel)
October 23, 2020 Filing 12 Summons Requested. (Hasenstab, Daniel)
October 23, 2020 Filing 11 Summons Requested. (Hasenstab, Daniel)
October 23, 2020 Filing 10 Summons Requested. (Hasenstab, Daniel)
October 23, 2020 Filing 9 Summons Requested. (Hasenstab, Daniel)
October 19, 2020 Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #7 Letter. Letter sent prematurely. Attorney Etzkorn will be removed from the docket until a formal Entry of Appearance is filed. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 19, 2020 Filing 7 STRICKEN-Letter to Attorney Kevin P. Etzkorn in Re: Admission to the Southern District. (ack) Modified on 10/19/2020 (jlrr).
October 19, 2020 Filing 6 NOTICE of Appearance by Daniel G. Hasenstab on behalf of West Bend Mutual Insurance Company (Hasenstab, Daniel)
October 19, 2020 Filing 5 NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, ortransferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Hasenstab does not have a Notice of Appearance on file in this case. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 19, 2020 Filing 4 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly 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: All Parties. 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 20-1099. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 11/9/2020 (ack)
October 19, 2020 Filing 3 VOID NOTICE OF MODIFICATION re #1 Complaint, filed by West Bend Mutual Insurance Company. Modified document 1 to reflect Notice of Removal. No further action is required by the filer in relation to this notification. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/19/2020 (ack).
October 16, 2020 Filing 2 Corporate Disclosure Statement by All Plaintiffs. (Hasenstab, Daniel)
October 16, 2020 Filing 1 COMPLAINT against Belleville Fitness, LTD., CF of Fairview Heights, LLC, Club Fitness, Inc., Dynamic Fitness Management, LTD., Nhydia Walker, Dominick Young ( Filing fee $ 400 receipt number 0754-4310792.), filed by West Bend Mutual Insurance Company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Hasenstab, Daniel) Modified on 10/19/2020 (ack). Modified on 10/19/2020 (ack).

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Plaintiff: West Bend Mutual Insurance Company
Represented By: Daniel G. Hasenstab
Represented By: Jonathan B. Morrow
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Defendant: Nhydia Walker
Represented By: Kevin P. Etzkorn
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Defendant: Dynamic Fitness Management, LTD.
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Defendant: CF of Fairview Heights, LLC
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Defendant: Dominick Young
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Defendant: Club Fitness, Inc.
Represented By: Patrick D. Cloud
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Defendant: Belleville Fitness, LTD.
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