USA for the use and Benefit of Spirtas Worldwide, LLC v. SGLC Consulting LLC et al
| USA foe the use and Benefit of Spirtas Worldwide, LLC and USA for the use and Benefit of Spirtas Worldwide, LLC |
| SGLC Consulting LLC, Westchester Fire Company, Chubb Surety Claims, Grant Cunnigham and Westchester Fire Insurance Company |
| 3:2021cv00182 |
| February 16, 2021 |
| U.S. District Court for the Southern District of Illinois |
| Mark A Beatty |
| Miller Act |
| 40 U.S.C. § 270 |
| None |
Docket Report
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| Filing 46 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 21-182-MAB. Any District Judge previously assigned will no longer be assigned to this case. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 45 FINAL CONSENT TO TRIAL BY U.S. MAGISTRATE JUDGE. (Christofferson, Philip) Modified/unsealed on 4/9/2021 (lmb). |
| Filing 44 NOTICE: Grant Cunningham, SGLC Consulting LLC 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, Grant Cunningham, SGLC Consulting LLC 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 4/15/2021 (lmb) |
| Filing 43 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Graham, J.) |
Filing 42
ORDER GRANTING #36 Plaintiff's first motion to amend complaint. Plaintiff requests leave to file an amended complaint, and seeing as how Defendants have not yet filed responsive pleadings, Plaintiff's motion is granted. See Fed. R. Civ. P. 15(a)(2) ("The court should freely give leave when justice so requires."). Plaintiff is hereby ordered to file the amended complaint on or before April 14, 2021. As Plaintiff is filing an amended complaint, the deadline for Defendants' response, outlined in the Order at Doc. 41, is vacated. Because Plaintiff is filing an amended complaint, his motion to dismiss Defendant Chubb Surety Claims (Doc. #25 ) and his motion to dismiss certain claims against Defendant Westchester (Doc. #37 ) are DENIED. Plaintiff can effect these dismissals by simply eliminating Defendant Chubb Surety Claims and the particular claims against Defendant Westchester from the amended complaint. See also Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) can only be used to dismiss an entire case; it cannot be used to drop individual defendants or individual counts). Signed by Magistrate Judge Mark A. Beatty on 4/7/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 41
ORDER GRANTING #38 Unopposed Motion for Extension of Time to Answer ; GRANTING #40 Unopposed Motion for Extension of Time to Answer. Defendants SGLC Consulting, LLC, Grant Cunningham, and Westchester Fire Insurance Company's responsive pleadings are now due on or before April 9, 2021. Signed by Magistrate Judge Mark A. Beatty on 4/7/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 40 Second MOTION for Extension of Time to File Answer re #1 Complaint by Westchester Fire Insurance Company. (Plunkert, Robert) |
| Filing 39 NOTICE OF MODIFICATION re #36 Motion to Amend/Correct filed by USA for the use and Benefit of Spirtas Worldwide, LLC. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed documents need to be e-mailed to the proper judge.(lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 38 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Grant Cunnigham, SGLC Consulting LLC. (Christofferson, Philip) |
| Filing 37 MOTION to Dismiss Certain Claims Against Defendant Westchester by All Plaintiffs. Responses due by 5/3/2021 (Graham, J.) |
| Filing 36 MOTION to Amend/Correct #1 Complaint by All Plaintiffs. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Certificate of Service)(Graham, J.) |
| Filing 35 Corporate Disclosure Statement by All Plaintiffs. (Graham, J.) |
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Filing 34
ORDER granting #32 Motion to Appear Pro Hac Vice of Attorney Scott C. Williams on behalf of Defendant Westchester Fire Insurance Company; granting #33 Motion to Appear Pro Hac Vice of Attorney Same H. Poteet, Jr. on behalf of Defendant Westchester Fire Insurance Company. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 33 MOTION to Appear Pro Hac Vice by Attorney Sam H. Poteet, Jr $200 fee paid,receipt number 0754-4433182 by on behalf of Westchester Fire Insurance Company. (Poteet, Sam) |
| Filing 32 MOTION to Appear Pro Hac Vice by Attorney Scott C. Williams $200 fee paid,receipt number 0754-4433177 by on behalf of Westchester Fire Insurance Company. (Williams, Scott) |
| Filing 31 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Plunkert, Robert) |
| Filing 30 Corporate Disclosure Statement by Westchester Fire Insurance Company identifying Corporate Parent Chubb US Holdings, Inc., Other Affiliate Chubb Limited for Westchester Fire Insurance Company. (Plunkert, Robert) |
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Filing 29
ORDER granting #24 Motion for Extension of Time to Answer ; granting #27 Motion for Extension of Time to Answer. Defendants SGLC Consulting, LLC, Grant Cunningham, and Westchester Fire Insurance Company request additional time to file responsive pleadings to Plaintiff's complaint. Plaintiff does not oppose the motions. Accordingly, the motions are GRANTED. Responsive pleadings are now due on or before March 31, 2021. Signed by Magistrate Judge Mark A. Beatty on 3/18/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 NOTICE FROM CLERK Instructing Grant Cunningham, SGLC Consulting LLC, and Westchester Fire Insurance Company 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 Grant Cunningham, SGLC Consulting LLC, and Westchester Fire Insurance Company on 3/16/2021. Consent due by 4/6/2021 (lmb) |
| Filing 27 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Westchester Fire Insurance Company. (Plunkert, Robert) |
| Filing 26 NOTICE of Appearance by Robert T. Plunkert on behalf of Westchester Fire Insurance Company (Plunkert, Robert) |
| Filing 25 First MOTION to Dismiss Defendant Chubb Surety Claims by All Plaintiffs. Responses due by 4/19/2021 (Graham, J.) |
| Filing 24 Consent MOTION for Extension of Time to File Answer re #1 Complaint by Grant Cunnigham, SGLC Consulting LLC. (Christofferson, Philip) |
| Filing 23 NOTICE of Appearance by Philip J. Christofferson on behalf of Grant Cunnigham, SGLC Consulting LLC (Christofferson, Philip) |
| Filing 22 SUMMONS Returned Executed by All Plaintiffs. Westchester Fire Insurance Company served on 3/1/2021, answer due 3/22/2021. (Graham, J.) |
| Filing 21 SUMMONS Returned Executed by All Plaintiffs. SGLC Consulting LLC served on 2/24/2021, answer due 3/17/2021. (Graham, J.) |
| Filing 20 SUMMONS Returned Executed by All Plaintiffs. Grant Cunnigham served on 2/24/2021, answer due 3/17/2021. (Graham, J.) |
| Filing 19 SUMMONS Returned Executed by All Plaintiffs. Chubb Surety Claims served on 3/1/2021, answer due 3/22/2021. (Graham, J.) |
| Filing 18 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #14 Summons Returned Executed filed by USA for the use and Benefit of Spirtas Worldwide, LLC, #15 Summons Returned Executed filed by USA for the use and Benefit of Spirtas Worldwide, LLC, #16 Summons Returned Executed filed by USA for the use and Benefit of Spirtas Worldwide, LLC, #17 Summons Returned Executed filed by USA for the use and Benefit of Spirtas Worldwide, LLC. Service dates are incorrect. Filer should use the date documents service, not received. Filer will refile summons returned executed. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 ENTRY STRICKEN: SUMMONS Returned Executed by All Plaintiffs. Westchester Fire Insurance Company served on 2/24/2021, answer due 3/17/2021. (Graham, J.) Modified on 3/5/2021 (lmb). |
| Filing 16 ENTRY STRICKEN: SUMMONS Returned Executed by All Plaintiffs. SGLC Consulting LLC served on 2/22/2021, answer due 3/15/2021. (Graham, J.) Modified on 3/5/2021 (lmb). |
| Filing 15 ENTRY STRICKEN: SUMMONS Returned Executed by All Plaintiffs. Grant Cunnigham served on 2/22/2021, answer due 3/15/2021. (Graham, J.) Modified on 3/5/2021 (lmb). |
| Filing 14 ENTRY STRICKEN: SUMMONS Returned Executed by All Plaintiffs. Chubb Surety Claims served on 2/24/2021, answer due 3/17/2021. (Graham, J.) Modified on 3/5/2021 (lmb). |
| Filing 13 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #9 Return of Service Executed filed by USA for the use and Benefit of Spirtas Worldwide, LLC, #10 Return of Service Executed filed by USA for the use and Benefit of Spirtas Worldwide, LLC, #11 Return of Service Executed filed by USA for the use and Benefit of Spirtas Worldwide, LLC, #12 Return of Service Executed filed by USA for the use and Benefit of Spirtas Worldwide, LLC. Incorrect event selected. Select the event which most closely matches the document being filed. For these documents, the correct event is "Summons Returned Executed. E-filer is instructed to re-file using Civil>Service of Process> Summons Returned Executed in order to properly trigger the answer due deadline. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 ENTRY STRICKEN: RETURN OF SERVICE EXECUTED by All Plaintiffs on 2/24/2021. (Graham, J.) Modified on 3/4/2021 (lmb). |
| Filing 11 ENTRY STRICKEN: RETURN OF SERVICE EXECUTED by All Plaintiffs on 2/22/2021. (Graham, J.) Modified on 3/4/2021 (lmb). |
| Filing 10 ENTRY STRICKEN: RETURN OF SERVICE EXECUTED by All Plaintiffs on 2/22/2021. (Graham, J.) Modified on 3/4/2021 (lmb). |
| Filing 9 ENTRY STRICKEN: RETURN OF SERVICE EXECUTED by All Plaintiffs on 02/24/2021. (Graham, J.) Modified on 3/4/2021 (lmb). |
| Filing 8 NOTICE OF MODIFICATION re #4 Motion to Appear Pro Hac Vice filed by USA for the use and Benefit of Spirtas Worldwide, LLC. Proposed order was attached to the main document. Proposed order to be deleted in accordance with this Courts practices. Further, for future filings, please include the appropriate case number on all pleadings filed (21-182-MAB). No further action is required by the filer in relation to this notification. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 7
ORDER granting #4 Motion to Appear Pro Hac Vice on behalf of Attorney J. Hatcher Graham on behalf of Plaintiff. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Summons Issued as to Chubb Surety Claims, Westchester Fire Insurance Company, Grant Cunnigham, SGLC Consulting LLC with originals mailed to Attorney Graham. (mar) |
| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Graham, James) |
| Filing 4 MOTION to Appear Pro Hac Vice by Attorney James Hatcher Graham $200 fee paid,receipt number 0754-4404368 by on behalf of All Plaintiffs. (Attachments: # 1 Exhibit)(Graham, James) |
| Filing 3 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 Graham does not have a Notice of Appearance and Motion for Pro Hac Vice on file in this case. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 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: USA for the use and Benefit of Spirtas Worldwide, 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 21-182-MAB. Consent due by 3/10/2021 (lmb) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0754-4403900.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Graham, James) |
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