Smeez, Inc. v. Badger Mutual Insurance Company
| Smeez, Inc. d/b/a Big Daddy's Disco Diner, individually and on behalf of all others similarly situated and Smeez, Inc. individually and on behalf of all others similarly situated doing business as Big Daddy's Disco Diner, |
| Badger Mutual Insurance Company |
| 3:2020cv01132 |
| October 27, 2020 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Insurance |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on December 22, 2020. A more recent docket listing may be available from PACER.
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| Filing 24 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #23 Status Report filed by Smeez, Inc. A completed form Joint Report of Parties and Proposed Scheduling and Discovery Order shall be submitted, not filed, to the assigned judges e-mail address for proposed documents. The subject line of the e- mail must include the case number and reference Joint Report. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 23 STRICKEN STATUS REPORT and Proposed Scheduling and Discovery Order by Smeez, Inc.. (Toops, Lynn) Modified on 12/22/2020 (tba). |
Filing 22
ORDER Granting #21 MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss filed by Smeez, Inc. For good cause shown and without objection from Defendant, Plaintiff's motion for extension of time is GRANTED. Plaintiff's response to Defendant's motion to dismiss (Doc. #17 ) shall be filed on or before January 21, 2021. Signed by Judge David W. Dugan on 12/10/2020. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Smeez, Inc.. (Toops, Lynn) |
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Filing 20
ORDER: Scheduling Conference set for 1/5/2021 at 10:00 AM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 12/29/2020 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. Signed by Judge David W. Dugan on 12/3/2020. (dmw2)
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| Filing 19 CJRA TRACK D assigned: Final Pretrial Conference set for 11/17/2022 at 10:00 AM and Jury Trial set for 11/28/2022 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 12/3/2020. (dmw2) |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Dismiss for Failure to State a Claim filed by Badger Mutual Insurance Company. (Attachments: #1 Exhibit 1 (Certified Cover Sheet and Complete Policy), #2 Exhibit 2 (Transcript, It's Nice), #3 Exhibit 3 (Transcript, Gavrilides), #4 Exhibit 4 (Order, Musso & Frank Grill Co))(Helfand, Scott) |
| Filing 17 MOTION to Dismiss for Failure to State a Claim by Badger Mutual Insurance Company. Responses due by 1/7/2021 (Helfand, Scott) |
| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Cates, David) |
| Filing 15 NOTICE REGARDING FILING re #12 Consent/Non-Consent to US Magistrate Judge, #13 Notice of Appearance filed by Badger Mutual Insurance Company are fillable documents. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF. This Notice is sent for informational purposes only. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge David W. Dugan for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 20-1132-DWD. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 13 NOTICE of Appearance by Kayla E. Foley on behalf of Badger Mutual Insurance Company (Foley, Kayla) |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Helfand, Scott) |
| Set/Reset Deadlines as to Responses due by 12/1/2020 (ack) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer. The Court ALLOWS Defendant up to and including December 1, 2020 to respond to the complaint. Signed by Magistrate Judge Gilbert C. Sison on 11/3/2020. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 First MOTION for Extension of Time to File Answer to Plaintiff's Complaint (Unopposed) by Badger Mutual Insurance Company. (Helfand, Scott) |
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Filing 9
ORDER granting #6 Motion to Appear Pro Hac Vice of Attorney Amina Thomas on behalf of Plaintiff; granting #8 Motion to Appear Pro Hac Vice of Attorney J. Gerald Stranch IV on behalf of Plaintiff. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 MOTION to Appear Pro Hac Vice by Attorney J. Gerard Stranch, IV $200 fee paid,receipt number 0754-4322090 by on behalf of Smeez, Inc.. (Attachments: #1 Exhibit Cert of Good Standing MDTN, #2 Exhibit Cert of Good Standing TN Supr Ct)(Stranch, J.) |
| Filing 7 NOTICE of Appearance by David I. Cates on behalf of Smeez, Inc. (Cates, David) |
| Filing 6 MOTION to Appear Pro Hac Vice by Attorney Amina Thomas $200 fee paid,receipt number 0754-4321711 by on behalf of Smeez, Inc.. (Thomas, Amina) |
| Filing 5 NOTICE of Appearance by Lynn A Toops on behalf of Smeez, Inc. (Toops, Lynn) |
| Filing 4 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison 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: Badger Mutual Insurance Company, Smeez, Inc.. 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 20-1132-GCS. Consent due by 11/18/2020 (lmb) |
| Filing 3 Corporate Disclosure Statement by Badger Mutual Insurance Company. (Helfand, Scott) |
| Filing 2 NOTICE of Appearance by Scott J. Helfand on behalf of Badger Mutual Insurance Company (Helfand, Scott) |
| Filing 1 NOTICE OF REMOVAL from Twentieth Judicial Circuit, St. Clair County, Illinois, case number 20L0758 ( Filing fee $ 400 receipt number 0754-4319759), filed by Badger Mutual Insurance Company. (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet)(Helfand, Scott) |
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| Plaintiff: Smeez, Inc. d/b/a Big Daddy's Disco Diner, individually and on behalf of all others similarly situated | |
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| Plaintiff: Smeez, Inc. individually and on behalf of all others similarly situated doing business as Big Daddy's Disco Diner, | |
| Represented By: | Lynn A Toops |
| Represented By: | J. Gerard Stranch, IV |
| Represented By: | Amina Thomas |
| Represented By: | David I. Cates |
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| Defendant: Badger Mutual Insurance Company | |
| Represented By: | Scott J. Helfand |
| Represented By: | Kayla E. Foley |
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