Mitchell v. Van Eycke
Plaintiff: Ned Mitchell
Defendant: Brian Van Eycke, Ryan White and City of Sesser, Illinois
Case Number: 3:2021cv00177
Filed: February 13, 2021
Court: US District Court for the Southern District of Illinois
Presiding Judge: Gilbert C Sison
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2021 Filing 27 NOTICE OF MODIFICATION re 26 Order on Motion to Stay. Franklin County, Illinois case no. modified to 2019-CF-54. This notice is sent for informational purposes only. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 31, 2021 Set Deadlines: Status Report due by 9/30/2021. (jlrr)
March 30, 2021 Opinion or Order Filing 26 ORDER granting #19 Motion to Stay. The Court STAYS this matter pending resolution of a related criminal prosecution of the plaintiff, Ned Mitchell, in the Circuit Court, Second Judicial Circuit, Franklin County, Illinois No. 2019-CF-54. The parties shall file a status report on or before September 30, 2021. Signed by Magistrate Judge Gilbert C. Sison on 3/30/2021. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 3/31/2021 (kek).
March 24, 2021 Filing 25 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Gilbert C. Sison 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 21-177-GCS. Any District Judge previously assigned will no longer be assigned to this case.(amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 23, 2021 Filing 24 RESPONSE TO ORDER TO SHOW CAUSE by Ned Mitchell filed by Ned Mitchell. (Dunham, Darrell)
March 23, 2021 Filing 23 RESPONSE to Motion re #19 MOTION to Stay (motion for abstention) Consent to Motion filed by Ned Mitchell. (Dunham, Darrell)
March 23, 2021 Filing 22 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dunham, Darrell)
March 22, 2021 Opinion or Order Filing 21 ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Plaintff was previously directed to file theform indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Plaintiff and/or Counsel of Record is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 4/5/2021 Signed by Magistrate Judge Gilbert C. Sison on 3/22/2021. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 19, 2021 Filing 20 MEMORANDUM in Support re #19 MOTION to Stay (motion for abstention) filed by City of Sesser, Illinois, Brian Van Eycke, Ryan White. (Cook, James)
March 19, 2021 Filing 19 MOTION to Stay (motion for abstention) by City of Sesser, Illinois, Brian Van Eycke, Ryan White. (Attachments: #1 Exhibit)(Cook, James)
March 19, 2021 Filing 18 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Cook, James)
March 19, 2021 Filing 17 DEMAND for Trial by Jury by City of Sesser, Illinois, Brian Van Eycke, Ryan White. (Cook, James)
March 19, 2021 Filing 16 NOTICE of Appearance by James C. Cook on behalf of City of Sesser, Illinois, Brian Van Eycke, Ryan White (Cook, James)
March 10, 2021 Filing 15 NOTICE: Plaintiff was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Plaintiff shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 3/17/2021 (amv)
February 24, 2021 Filing 14 Summons Issued as to City of Sesser, Illinois, Brian Van Eycke, Ryan White. Originals mailed to Attorney Darrell Dunham. (lmb)
February 23, 2021 Filing 13 Summons Requested. (Dunham, Darrell)
February 23, 2021 Filing 12 Summons Requested. (Dunham, Darrell)
February 23, 2021 Filing 11 Summons Requested. (Dunham, Darrell)
February 16, 2021 Filing 10 NOTICE REGARDING FILING re #5 - #8 Summonses Requested. Summonses are in a fillable format. Fillable documents should be converted to non-fillable PDF documents before filing on CM/ECF. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 16, 2021 Filing 9 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #5 - #8 Summonses Requested. Summons forms are not completely filled out; missing attorney information. Filer to re-file completed Summonses. Also, two summonses were submitted for Def. City of Sesser. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 16, 2021 Filing 8 STRICKEN. Summons Requested. (Dunham, Darrell) Modified on 2/16/2021 (kls3).
February 16, 2021 Filing 7 STRICKEN. Summons Requested. (Dunham, Darrell) Modified on 2/16/2021 (kls3).
February 16, 2021 Filing 6 STRICKEN. Summons Requested. (Dunham, Darrell) Modified on 2/16/2021 (kls3).
February 16, 2021 Filing 5 STRICKEN. Summons Requested. (Dunham, Darrell) Modified on 2/16/2021 (kls3).
February 16, 2021 Filing 4 NOTICE OF MODIFICATION re #1 Complaint filed by Ned Mitchell. Not all the defendants were added to the docket. The docket and docket entry have been updated and corrected to list all defendants. This notice is for informational purposes and therefore no action is required. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 16, 2021 Filing 3 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: All Plaintiffs. 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 21-cv-177-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 3/9/2021 (tba)
February 13, 2021 Filing 2 NOTICE of Appearance by Darrell W. Dunham on behalf of Ned Mitchell (Dunham, Darrell)
February 13, 2021 Filing 1 COMPLAINT against Brian Van Eycke, Ryan White, & City of Sesser, Illinois ( Filing fee $ 402 receipt number 0754-4402498.), filed by Ned Mitchell. (Attachments: #1 Civil Cover Sheet)(Dunham, Darrell) Modified on 2/16/2021 (tba).

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Plaintiff: Ned Mitchell
Represented By: Darrell W. Dunham
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Defendant: Brian Van Eycke
Represented By: James C. Cook
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Defendant: Ryan White
Represented By: James C. Cook
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Defendant: City of Sesser, Illinois
Represented By: James C. Cook
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