Pursell v. Hydrochem LLC., et al
| EARL PURCELL, III, MONICA PURCELL, Earl Pursell, III and Monica Pursell |
| HYDROCHEM LLC dba HYDROCHEMPSC, CONOCOPHILLIPS COMPANY f/k/a and d/b/a PHILLIPS 66 COMPANY, CENOVUS ENERGY US LLC, PHILLIPS 66 WRB PARTNER LLC, Phillips 66 doing business as Phillips 66 Company, ConocoPhillips Company and Hydrochem LLC doing business as Hydrochempsc |
| 3:2020cv01188 |
| November 5, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 18
Corporate Disclosure Statement by Phillips 66 identifying Corporate Parent Phillips 66, a publicly traded Delaware corporation for Phillips 66. (Pinter, Gary)
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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 20-1188-MAB. Any District Judge previously assigned will no longer be assigned to this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 16
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Pinter, Gary) Modified on 12/11/2020 (kdw).
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Filing 15
ANSWER to Complaint and Defenses by Phillips 66.(Pinter, Gary)
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Filing 14
NOTICE FROM CLERK Instructing Phillips 66 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 Phillips 66 on 12/1/2020. Consent due by 12/22/2020 (kdw)
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Filing 13
NOTICE OF MODIFICATION re #11 Notice (Other) filed by Hydrochem LLC. Incorrect event selected. Select the event that most closely matches the document being filed. For this document, the correct event is "Consent/Non-Consent to US Magistrate Judge" under the heading "Other Filings/ Notices". Docket text modified to reflect the correct document. No further action required by the filer (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
ORDER. Plaintiffs filed a Stipulation to Dismiss Some, but not all, Defendants Without Prejudice and to Amend Complaint by Interlineation Pursuant to FRCP 41(a)(1)(A)(ii), which the Court granted (Doc. 9). In its Order, the Court inadvertently overlooked a second Defendant, Hydrochem LLC, who has already filed an answer to the complaint (Doc. 7). To clarify, the Complaint (Doc. 1-1) is deemed AMENDED by interlineation to include Defendant Phillips 66 Company and Hydrochem LLC, who is already listed as a Defendant. Defendant Phillips 66 Company's responsive pleading is due on or before December 1, 2020. Signed by Magistrate Judge Mark A. Beatty on 11/30/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McGowan, Michael) Modified on 12/1/2020 (kdw).
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Filing 10
NOTICE of Appearance by Gary C. Pinter on behalf of Phillips 66 (Pinter, Gary)
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Filing 9
ORDER. Plaintiffs filed a Stipulation to Dismiss Some, but not all, Defendants Without Prejudice and to Amend Complaint by Interlineation Pursuant to FRCP 41(a)(1)(A)(ii). Plaintiff filed this stipulation to correct Defendant's name on the docket after learning of the correct name and to dismiss the other named Defendants (Doc. 8). The stipulation of dismissal, while filed with the consent of Defendant, is ineffective because it was only signed by Plaintiff. See Fed. R. Civ. P. 41(a)(1)(A)(ii) (providing that a stipulation must be signed by all parties who have appeared). As such, the Court will construe this stipulation as a motion for order of dismissal (Doc. 8). Defendant has no objection to the motion. Accordingly, the motion is GRANTED and Defendants Conocophillips Company, Cenovus Energy US LLC, and Phillips 66 WRB Partner, LLC are DISMISSED without prejudice pursuant to the Court's inherent authority to dismiss individual claims. See, e.g., 9 CHARLES ALAN WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE 2362 (4th ed.) ("The power to drop some plaintiffs or defendants from the suit plainly exists, either explicitly in the Federal Rules or in the district court's inherent power."); Jose-Nicolas v. Berry, No. 3:15-CV-964-NJR-DGW, 2018 WL 1466769, at *4 (S.D. Ill. Mar. 2, 2018). The Complaint (Doc. 1-1) is deemed AMENDED by interlineation to only include Defendant Phillips 66 Company as a listed Defendant. This matter shall proceed against Defendant Phillips 66 Company, who will file an answer or otherwise respond to the Complaint on or before December 1, 2020 as outlined in the motion at Doc. 8. Signed by Magistrate Judge Mark A. Beatty on 11/25/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
STIPULATION to Dismiss Some, But Not All, Defendants Without Prejudice and to Amend Complaint by Interlineation Pursuant to FRCP41(a)(1)(A)(ii) by All Plaintiffs. (Koester, Christopher)
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Filing 7
ANSWER to Complaint by Hydrochem LLC.(McGowan, Michael)
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Filing 6
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Koester, Christopher)
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Filing 5
NOTICE of Appearance by Christopher A. Koester on behalf of All Plaintiffs (Koester, Christopher)
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Filing 4
NOTICE OF ACTION re #1 Notice of Removal, filed by Hydrochem LLC.. 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 Koester does not have a Notice of Appearance on file in this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
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: 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 20-1188-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 11/30/2020 (kdw)
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Filing 2
NOTICE of Appearance by Michael J. McGowan on behalf of HYDROCHEM LLC dba HYDROCHEMPSC (McGowan, Michael)
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Filing 1
NOTICE OF REMOVAL from Circuit Court 3rd Judicial Circuit Madison County, IL, case number 2020L001301 ( Filing fee $ 400 receipt number 0754-4328058), filed by HYDROCHEM LLC dba HYDROCHEMPSC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(McGowan, Michael)
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