H's Bar, LLC v Berg, et al
| H's Bar, LLC |
| Saint Clair County Sherriff's Department, Saint Clair County Health Department, Marchus D. Fruchter, Brendon Kelly, Cynthia Berg and Saint Clair County Sheriff's Department |
| 3:2020cv01134 |
| October 28, 2020 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Staci M Yandle |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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| Document Text |
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Filing 57
ORDER GRANTING Motion for Leave to File First Amended Complaint (Doc. #55 ). Plaintiff is DIRECTED to file the amended complaint instanter. Signed by Judge Staci M. Yandle on 12/21/2020. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 56 CJRA TRACK B assigned: Final Pretrial Conference set for 1/12/2022 at 9:30 AM and Jury Trial set for 1/24/2022 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle. Signed by Judge Staci M. Yandle on 12/21/2020. (slh) |
| Filing 55 MOTION for Leave to File First Amended Complaint by All Plaintiffs. (Maag, Thomas) |
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Filing 54
ORDER GRANTING Second Motion for Extension of Time to File Answer or Responsive Pleading (Doc. #53 ): Defendants shall file a responsive pleading by December 29, 2020. If Plaintiff files an amended complaint before then, Defendants shall respond to the amended complaint within 30 days of that filing. Signed by Judge Staci M. Yandle on 12/15/2020. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 53 Second MOTION for Extension of Time to File Answer re 45 Order,, Terminate Motions,, Set Deadlines, #1 Complaint, Or Other Responsive Pleading by Cynthia Berg, Marchus D. Fruchter, Brendon Kelly. (Sievers, Scott) |
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Filing 52
ORDER DENYING Plaintiff's Motion for Leave to File First Amended Complaint (Doc. #51 ): Local Rule 15.1 requires that a plaintiff seeking leave to amend a complaint must also submit "a proposed amendment to a pleading or amended pleading itself...at the time the motion to amend is filed." SDIL Local Rule 15.1. Plaintiff did not submit a proposed amended complaint with its motion. Accordingly, the Motion is DENIED without prejudice for failure to comply with Local Rule 15.1. Signed by Judge Staci M. Yandle on 12/15/2020. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 51 MOTION to Amend/Correct First Amended Complaint by All Plaintiffs. (Maag, Thomas) |
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Filing 50
ORDER DENYING Motion to Stay Pending Appeal (Doc. #46 ). Signed by Judge Staci M. Yandle on 12/11/2020. (mah)
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| Filing 49 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 Staci M. Yandle for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 20-1134-SMY. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 48 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hoerner, Garrett) |
| Filing 47 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Sievers, Scott) |
| Filing 46 MOTION to Stay Pending Resolution of Appeal by All Plaintiffs. (Maag, Thomas) |
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Filing 45
ORDER GRANTING #44 MOTION for Extension of Time to File Answer re #1 Complaint, filed by Brendon Kelly, Marchus D. Fruchter, Cynthia Berg. Defendants Berg, Fruchter, and Kelly shall file their answers or otherwise respond to Plaintiff's complaint by 12/15/2020. Signed by Magistrate Judge Reona J. Daly on 11/25/2020. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 44 MOTION for Extension of Time to File Answer re #1 Complaint, by Cynthia Berg, Marchus D. Fruchter, Brendon Kelly. (Dion, Kristina) |
| Filing 43 USCA Case Number 20-3278 for #40 Notice of Appeal filed by H's Bar, LLC. (Attachments: #1 Notice of Case Opening)(trb) |
| Filing 42 Rule 10 Letter (trb) |
| Filing 41 Transmission of Short Record to US Court of Appeals re #40 Notice of Appeal (trb) |
| Filing 40 NOTICE OF APPEAL as to #39 Order, Terminate Motions by All Plaintiffs. Filing fee $ 505, receipt number 0754-4340839. (Maag, Thomas) |
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Filing 39
ORDER DENYING Motion for Preliminary Injunction filed by H's Bar, LLC (Doc. #15 ). Signed by Judge Staci M. Yandle on 11/21/2020. (mah)
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| Filing 38 SUMMONS Returned Executed Saint Clair County Sheriff's Department served on 11/9/2020, answer due 11/30/2020. (trb) |
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Filing 37
ORDER GRANTING Motion for Leave to File Supplemental Authority (Doc. #36 ). Signed by Judge Staci M. Yandle on 11/16/2020. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 36 MOTION for Leave to File Supplemental Authority by Cynthia Berg, Marchus D. Fruchter, Brendon Kelly. (Sievers, Scott) |
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Filing 35
ORDER GRANTING Motion for Leave to File (Doc. #34 ). Signed by Judge Staci M. Yandle on 11/13/2020. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 34 MOTION for Leave to File Supplemental Exhibits by Cynthia Berg, Marchus D. Fruchter, Brendon Kelly. (Attachments: #1 Exhibit Exhibits A-F)(Sievers, Scott) |
| Filing 33 SUPPLEMENT by All Plaintiffs. Supplement to #15 Motion for TRO . (Attachments: #1 Exhibit Cease and Desist Letters, #2 Exhibit Photo of protest sign)(Maag, Thomas) |
| Filing 32 NOTICE FROM CLERK Instructing Cynthia Berg, Marchus D. Fruchter, Brendon Kelly, Saint Clair County Sheriff's Department, and Saint Clair County Health Department 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 Cynthia Berg, Marchus D. Fruchter, Brendon Kelly, Saint Clair County Sheriff's Department, and Saint Clair County Health Department on 11/13/2020. Consent due by 12/4/2020 (kls3) |
| Filing 31 SUPPLEMENT by H's Bar, LLC. Supplement to #15 Motion for TRO . (Attachments: #1 Exhibit Cease and Desist Letter)(Maag, Thomas) |
| Filing 30 RESPONSE to Motion re #15 MOTION for Temporary Restraining Order filed by Cynthia Berg, Marchus D. Fruchter, Brendon Kelly. (Attachments: #1 Exhibit ExhibitsA-F)(Sievers, Scott) |
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Filing 29
ORDER GRANTING Motion for Leave to File Additional Pages (Doc. #27 ). Signed by Judge Staci M. Yandle on 11/12/2020. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 RESPONSE in Opposition re #15 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Saint Clair County Health Department, Saint Clair County Sheriff's Department. (Hoerner, Garrett) |
| Filing 27 MOTION for Leave to File Additional Pages by Cynthia Berg, Marchus D. Fruchter, Brendon Kelly. (Sievers, Scott) |
| Filing 26 MEMORANDUM in Support re #25 MOTION to Dismiss filed by Saint Clair County Health Department, Saint Clair County Sheriff's Department. (Hoerner, Garrett) |
| Filing 25 MOTION to Dismiss by Saint Clair County Health Department, Saint Clair County Sheriff's Department. Responses due by 12/17/2020 (Hoerner, Garrett) |
| Filing 24 DEMAND for Trial by Jury by Saint Clair County Health Department, Saint Clair County Sheriff's Department. (Hoerner, Garrett) |
| Filing 23 NOTICE of Appearance by Garrett P. Hoerner on behalf of Saint Clair County Health Department, Saint Clair County Sheriff's Department (Hoerner, Garrett) |
| Filing 22 NOTICE of Appearance by Christopher L. Higgerson on behalf of Cynthia Berg, Marchus D. Fruchter, Brendon Kelly (Higgerson, Christopher) |
| Filing 21 NOTICE of Appearance by Scott B. Sievers on behalf of Cynthia Berg, Marchus D. Fruchter, Brendon Kelly (Sievers, Scott) |
| Filing 20 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Maag, Thomas) |
| Filing 19 NOTICE of Appearance by Kristina Dawn Echols Dion on behalf of Cynthia Berg, Marchus D. Fruchter, Brendon Kelly (Dion, Kristina) |
| Set Deadlines as to #15 MOTION for Temporary Restraining Order . Motion Hearing set for 11/13/2020 at 1:30 PM via video conference Judge Staci M. Yandle. Refer to Order (Doc. 18) for further details. (amv) |
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Filing 18
ORDER: Plaintiff's Motion for Temporary Restraining Order (Doc. #15 ) is DENIED. The hearing on the Motion for Preliminary Injunction (Doc. #15 ) is set for November 13, 2020, at 1:30 p.m. via videoconference before Judge Staci M. Yandle. See Order for details. Signed by Judge Staci M. Yandle on 11/2/2020. (mah)
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| Filing 17 NOTICE ASSIGNING DISTRICT JUDGE FOR ENTRY OF AN ORDER: A Motion and/or Report and Recommendation requiring consideration by a district judge has been filed. Accordingly, at the request of the assigned Magistrate Judge, District Judge Staci M. Yandle is assigned for entry of an order regarding #15 MOTION for Temporary Restraining Order . (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 16
ORDER: This case has been assigned to the undersigned Magistrate Judge pursuant to Administrative Order 257. Not all parties have had the opportunity to consent to magistrate judge jurisdiction and a motion has been filed requiring the immediate attention of a district judge. Accordingly, the Clerk is DIRECTED to assign a District Judge for consideration of #15 MOTION for Temporary Restraining Order filed by H's Bar, LLC. See 28 U.S.C. 636(b)(1)(B); F.R.C.P. 72(b). Signed by Magistrate Judge Reona J. Daly on 10/30/2020. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: #1 Exhibit Exhibits A through H, #2 Exhibit Exhibits I through O)(Maag, Thomas) |
| Filing 14 NOTICE OF MODIFICATION re #1 Complaint, filed by H's Bar, LLC. Document updated to reflect that complaint was filed against Defendants, not Plaintiff.No further action is required by the filer in relation to this notification. (ack) |
| Filing 13 Summons Issued as to Marchus D. Fruchter. Original mailed to counsel for plaintiff for service. (amv) |
| Filing 12 Summons Issued as to Cynthia Berg. Original mailed to counsel for plaintiff for service.(amv) |
| Filing 11 Summons Issued as to Saint Clair County Sherriff's Department. Original mailed to counsel for plaintiff for service. (amv) |
| Filing 10 Summons Issued as to Saint Clair County Health Department. Original mailed to counsel for plaintiff for service. (amv) |
| Filing 9 Summons Issued as to Brendon Kelly. original mailed to counsel for service (amv) |
| Filing 8 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: H's Bar, LLC. 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 20-1134-RJD. Consent due by 11/18/2020 (amv) |
| Filing 7 NOTICE of Appearance by Thomas G. Maag on behalf of H's Bar, LLC (Maag, Thomas) |
| Filing 6 Summons Requested. (Maag, Thomas) |
| Filing 5 Summons Requested. (Maag, Thomas) |
| Filing 4 Summons Requested. (Maag, Thomas) |
| Filing 3 Summons Requested. (Maag, Thomas) |
| Filing 2 Summons Requested. (Maag, Thomas) |
| Filing 1 COMPLAINT against Cynthia Berg, Marchus D. Fruchter, Brendon Kelly, Saint Clair County Sheriff's Department and Saint Clair County Health Department ( Filing fee $ 400 receipt number 0754-4320197.), filed by H's Bar, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Maag, Thomas) Modified on 10/29/2020 (ack). |
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