Galbraith et al v. Knight et al
| Tiffany Galbraith, James Galbraith and James Galbraith, Jr. |
| Enterprise FM Trust, Inc., Enterprise Fleet Management, LLC, EAN Holdings, LLC, Grace Knight, Monster Energy Company and EFM Trust |
| 3:2020cv01254 |
| November 19, 2020 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 22 MOTION for Leave to File Amended Complaint by All Plaintiffs. (Stephens, Benjamin) |
Filing 21
ORDER DENYING WITHOUT PREJUDICE #20 Proposed MOTION to Dismiss Defendants EFM Trust, EAN Holdings LLC, and Enterprise Fleet Management filed by Tiffany Galbraith, James Galbraith, Jr. Plaintiffs ask the Court to dismiss Defendants EFM Trust, EAN Holdings, LLC, and Enterprise Fleet Management LLC without prejudice pursuant to Rule 41(a)(1). The Seventh Circuit has held that Rule 41(a) can only be used to dismiss an entire action. Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). Thus, individual parties can only be dropped from a lawsuit through an amended complaint. Id. Pursuant to Rule 15(a), Plaintiffs may amend their pleading as a mater of course until January 27, 2021. Signed by Magistrate Judge Reona J. Daly on 1/14/2021. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 MOTION to Dismiss Defendants EFM Trust, EAN Holdings LLC, and Enterprise Fleet Management by All Plaintiffs. Responses due by 2/16/2021 (Stephens, Benjamin) |
| Filing 19 Corporate Disclosure Statement by Monster Energy Company identifying Corporate Parent Monster Beverage Corporation for Monster Energy Company. (Baker-Seal, Denise) |
| Filing 18 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Baker-Seal, Denise) |
| Filing 17 ANSWER to Complaint by Monster Energy Company.(Baker-Seal, Denise) |
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Filing 16
ORDER GRANTING #15 MOTION for Extension of Time to File Answer re #1 Notice of Removal to Plaintiff's Complaint filed by Monster Energy Company. Defendant Monster Energy Company shall file its answer or otherwise respond to Plaintiff's complaint by 1/15/2021. Signed by Magistrate Judge Reona J. Daly on 12/28/2020. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 MOTION for Extension of Time to File Answer re #1 Notice of Removal to Plaintiff's Complaint by Monster Energy Company. (Baker-Seal, Denise) |
| Filing 14 NOTICE of Appearance by Denise E. Baker-Seal on behalf of Monster Energy Company (Baker-Seal, Denise) |
| Filing 13 CONSENT to Removal byMonster Energy Company. (Cunningham, John) |
| Filing 12 DEMAND for Trial by Jury by Monster Energy Company. (Cunningham, John) |
| Filing 11 NOTICE of Appearance by John P. Cunningham on behalf of Monster Energy Company (Cunningham, John) |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Baker-Seal, Denise) |
| Filing 9 ANSWER to Complaint by Grace Knight.(Baker-Seal, Denise) |
| Filing 8 NOTICE of Appearance by Benjamin Todd Stephens on behalf of All Plaintiffs (Stephens, Benjamin) |
| Filing 7 NOTICE OF ACTION - 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 Benjamin Stephens does not have a Notice of Appearance on file in this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Stephens, Benjamin) |
| Filing 5 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: EAN Holdings, LLC, Enterprise FM Trust, Inc., Enterprise Fleet Management, LLC, James Galbraith, Tiffany Galbraith, Grace Knight, Monster Energy 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 20-1254-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 12/11/2020 (amv) |
| Filing 4 NOTICE of Appearance by Denise E. Baker-Seal on behalf of Grace Knight (Baker-Seal, Denise) |
| Filing 3 DEMAND for Trial by Jury by Grace Knight. (Cunningham, John) |
| Filing 2 NOTICE of Appearance by John P. Cunningham on behalf of Grace Knight (Cunningham, John) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County Circuit Court, case number 2020L304, filed by Grace Knight. (Attachments: #1 Exhibit 1, #2 State Court Complaint, #3 Civil Cover Sheet)(Cunningham, John) |
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