State Auto Property and Casualty Insurance Company v. Quadrant Design, Inc. et al
| State Auto Property and Casualty Insurance Company |
| Quadrant Design, Inc. and Susan Pointer |
| 3:2020cv01217 |
| November 9, 2020 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Gilbert C Sison |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on January 4, 2021. A more recent docket listing may be available from PACER.
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Filing 19
ORDER: Scheduling Conference set for 2/2/2021 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 1/26/2021 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. Signed by Judge David W. Dugan on 1/4/2021. (dmw2)
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| Filing 18 CJRA TRACK B assigned: Final Pretrial Conference set for 2/17/2022 at 10:00 AM and Bench Trial set for 2/28/2022 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 1/4/2021. (dmw2) |
| Filing 17 Defendant's ANSWER to #1 Complaint, by Quadrant Design, Inc..(Jacober, Matthew) |
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Filing 16
ORDER granting #15 Motion for Extension of Time to Answer. Defendant Quadrant Design, Inc.'s Agreed Motion for Extension of Time to Answer or otherwise Plead to Complaint (Doc. #15 ) is GRANTED. Defendant Quadrant Design, Inc. shall answer or otherwise respond to Plaintiff's complaint on or before December 29, 2020. Signed by Judge David W. Dugan on 12/8/2020. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 Consent MOTION for Extension of Time to File Answer re #1 Complaint, or Otherwise Respond by Quadrant Design, Inc.. (Shanes, Shoshanah) |
| Filing 14 NOTICE of Appearance by Shoshanah Mae Shanes on behalf of Quadrant Design, Inc. (Shanes, Shoshanah) |
| Filing 13 NOTICE of Appearance by Matthew A. Jacober on behalf of Quadrant Design, Inc. (Jacober, Matthew) |
| Filing 12 SUMMONS Returned Executed by State Auto Property and Casualty Insurance Company. Quadrant Design, Inc. served on 11/16/2020, answer due 12/7/2020. (Chemers, Robert) |
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Filing 11
ORDER granting #10 Motion to Dismiss. By motion dated November 20, 2020, Plaintiff State Auto Property and Casualty Insurance Company seeks to dismiss all claims against Defendant Susan Pointer. (Doc. #10 ). Federal Rule of Civil Procedure 41 allows for voluntary dismissals only under certain circumstances. The rule is limited to dismissals of "actions," not "parties" or "claims," meaning that the rule cannot be used to cleave away one claim or one party from a larger case. See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015). The Seventh Circuit is clear that to dismiss one claim or one party from an action that will otherwise continue, a plaintiff must instead file an amended complaint. While the Court acknowledges the plain reading of Rule 41, it finds that in this limited instance, given the procedural posture of this case, judicial economy counsels in favor of allowing dismissal with prejudice of Defendant Pointer. As such, Plaintiffs claims against Defendant Pointer are DISMISSED with prejudice. Plaintiffs claims against Defendant Quadrant Design, Inc. remain pending. Signed by Judge David W. Dugan on 11/23/2020. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 MOTION to Dismiss MOTION TO VOLUNTARILY DISMISS CERTAIN DEFENDANT by State Auto Property and Casualty Insurance Company. Responses due by 12/28/2020 (Chemers, Robert) |
| Filing 9 Summons Issued as to Quadrant Design, Inc.. Original mailed to Attorney Robert Marc Chemers. (tba) |
| Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #7 Motion for Extension of Time filed by State Auto Property and Casualty Insurance Company. Document stricken per filer's request as document was filed in incorrect case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 STRICKEN MOTION for Extension of Time JOINT MOTION TO EXTEND PRE-TRIAL CONFERENCE AND TRIAL DATE by State Auto Property and Casualty Insurance Company. (Chemers, Robert) Modified on 11/12/2020 (kdw). |
| Filing 6 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 3:20-cv-1217-DWD. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Chemers, Robert) |
| 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: State Auto Property and Casualty Insurance Company. 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 3:20-cv-1217-GCS. Consent due by 11/30/2020 (kls3) |
| Filing 3 NOTICE of Appearance by Robert M. Chemers on behalf of State Auto Property and Casualty Insurance Company (Chemers, Robert) |
| Filing 2 Corporate Disclosure Statement by State Auto Property and Casualty Insurance Company. (Chemers, Robert) |
| Filing 1 COMPLAINT FOR DECLARATORY JUDGMENT against All Defendants ( Filing fee $ 400 receipt number 0754-4329634.), filed by State Auto Property and Casualty Insurance Company. (Attachments: #1 Exhibit A - BOP policy, #2 Exhibit B - CXS Policy, #3 Exhibit C - Pointer Complaint, #4 Civil Cover Sheet, #5 Summons)(Chemers, Robert) |
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