Marcus et al v. Millennia Housing Management, LTD et al
| Kristin Duncan and Terri Marcus |
| Carbondale 2192 IL, LLC and Millennia Housing Management, LTD |
| Mediator Michael S. Geigerman |
| 3:2021cv00258 |
| March 4, 2021 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
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Filing 53
RESPONSE in Opposition re #43 MOTION to Dismiss Plaintiff's Complaint for Lack of Standing/Legal Capacity filed by Terri Marcus. (Attachments: #1 Exhibit Exhibit A showing PR appointment)(Garwood, Robert)
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Set Deadlines: Plaintiff is DIRECTED to file a supplement to her response to the motion to dismiss (Doc. 47) on or before April 28, 2022. (amv)
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Filing 52
NOTICE of Hearing: Status Conference set for 8/18/2022 at 9:30 AM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive a ZOOM invitation via email from the Court. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 51
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 4/21/2022. Attorney Robert Garwood appeared on behalf of Plaintiff. Attorney Jeff Wehmer appeared on behalf of Defendants. The parties discussed the progress on discovery. Some written discovery has transpired but there has been some delays as a result of the authorizations Defendant's counsel was provided for obtaining the decedent's medical records. The issue has to do with the adjudication of the Plaintiff as the personal representative of the decedent. This is also the subject of the motion to dismiss, currently pending. Counsel for Plaintiff represents that he has cured this issue so that the authorizations Defendant's counsel has can be effective. To date, no depositions have been taken. As soon as Defendant's counsel has the decedent's medical records and reviewed them, counsel indicates he can move forward with a deposition of the Plaintiff. The Court indicated it is not inclined to continue the current scheduling order at this time. Plaintiff is DIRECTED to file a supplement to her response to the motion to dismiss (Doc. 47) on or before April 28, 2022. Defendant will be permitted to file a reply, if necessary, on or before May 5, 2022. A status conference will be set by separate order.(Court Reporter Liberty Recording.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 50
NOTICE CONVERTING HEARING: The telephonic status conference set for 4/21/2022 at 2:00 PM before Magistrate Judge Mark A. Beatty is CONVERTED to a ZOOM status conference. The parties will receive a ZOOM invitation via email from the Court. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 49
RESPONSE TO ORDER TO SHOW CAUSE by Terri Marcus filed by Terri Marcus. (Garwood, Robert)
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Filing 48
NOTICE of Appearance by Robert T. Garwood on behalf of Terri Marcus (Garwood, Robert)
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Filing 47
RESPONSE in Opposition re #43 MOTION to Dismiss Plaintiff's Complaint for Lack of Standing/Legal Capacity filed by All Plaintiffs. (Garwood, Robert)
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Filing 46
NOTICE of RESETTING Hearing: Due to the pending Show Cause Order deadline, the telephonic status conference set for March 21, 2022 is CANCELLED and RESET for 4/21/2022 at 2:00 PM before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0258.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 45
ORDER TO SHOW CAUSE. Plaintiff failed to file a response to Defendants' motion to dismiss (Doc. 43). The Court may, in its discretion, construe a party's failure to file a timely response as an admission of the merits of the motion. SDIL-LR 7.1(c). The Court hereby ORDERS Plaintiff to file a response to Defendants' motion to dismiss on or before March 25, 2022. If Plaintiff fails to file a response, the Court will then analyze Defendants' unopposed motion to dismiss to determine if it carries its burden which, if it does, would result in the Court granting the motion, dismissing Defendants with prejudice, and closing this case on the Court's docket. Marcure v. Lynn, et al., 2021 WL 1138110 (7th Cir. Mar. 25, 2021). Show Cause Response due by 3/25/2022. Signed by Magistrate Judge Mark A. Beatty on 3/11/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 44
AMENDED SCHEDULING ORDER: Discovery due by 9/5/2022. Dispositive Motions due by 9/22/2022. Signed by Magistrate Judge Mark A. Beatty on 1/31/2022. (jmj)
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Filing 43
MOTION to Dismiss Plaintiff's Complaint for Lack of Standing/Legal Capacity by Carbondale 2192 IL, LLC, Millennia Housing Management, LTD. (Attachments: #1 Exhibit 1)(Wehmer, Jeff)
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Filing 42
NOTICE Regarding Mediator Selection. (kdw)
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Filing 41
NOTICE of Hearing: Telephonic Status Conference set for 3/21/2022 at 10:00 AM before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0258.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 40
STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Mediator Michael S. Geigerman has been selected, contacted and has agreed to serve as Mediator for this action. Signed by Jeff S. Wehmer on behalf, and with consent, of all Counsel of Record on 1/20/2022. (Wehmer, Jeff)
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Set/Reset Hearings: Presumptive Jury Trial month set for January 2023.(jmj)
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Filing 39
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 1/12/2022. Attorney Robert Garwood appears on behalf of Plaintiff. Attorney Stephen Strum appears on behalf of Defendants. The Plaintiff was admonished for his failure to appear and warned that future failure to appears will result in counsel having to appear in-person for court appearances. The show cause order is hereby DISCHARGED. Discovery has not progressed as scheduled and the parties will require an extension of time to complete discovery. The Court GRANTS the request and resets the discovery deadline to September 5, 2022 and the Dispositive Motions deadline to September 22, 2022. The Presumptive Trial month is reset for January 2023. Due to the extension of time for the discovery, the parties are now DIRECTED to file a Stipulation Selecting a Mediator by 1/26/2022, the Mandatory Mediation Session must be completed by 8/5/2022, and the Mandatory Mediation Program Completion due by 9/20/2022. A status conference will be set in 45-60 days by separate order. (Court Reporter Liberty Recording.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 38
NOTICE of Hearing: Status Conference set for 1/12/2022 at 11:00 AM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive a ZOOM invitation via email from the Court. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 37
RESPONSE TO ORDER TO SHOW CAUSE by Terri Marcus. (Garwood, Robert)
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Filing 36
ORDER TO SHOW CAUSE: This case was scheduled for a telephonic status conference on December 15, 2021. Attorney Jeff Wehmer was present on behalf of the Defendant. Attorney Robert Garwood failed to appear on behalf of the Plaintiff. This is not the first time counsel for the Plaintiff has failed to appear for a telephonic status conference. On at least one previous occasion, counsel failed to appear for a telephonic status conference and the Court telephoned Mr. Garwood to remind him of the setting and that he needed to call in to the conference. That was a one time courtesy for counsel's failure to appear and the Court declined to do so again today. Accordingly, Mr. Garwood is ORDERED to SHOW CAUSE in writing by December 22, 2021 and explain why he failed to appear for the scheduled telephonic status conference. He should also consider offering a solution to ensure that this does not happen again. Upon receipt of counsel's show cause response, the Court will then set the matter for hearing to consider the sufficiency of counsel's explanation and also to inquire whether Plaintiff is actively participating in discovery and prosecuting this case. Signed by Magistrate Judge Mark A. Beatty on 12/15/2021. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 35
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 12/15/2021. Attorney Jeff Wehmer appears on behalf of Defendants. Attorney Robert Garwood failed to appear on behalf of Plaintiff. Due to the failure to appear by Attorney Garwood, the status conference could not move forward. Accordingly, a Show Cause Order is necessary and will be issued by separate notice. (Court Reporter N/A.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 34
ORDER REFERRING CASE to Mediation. Stipulation Selecting Mediator to be filed by 1/3/2022. Mandatory Mediation Session to be completed by 5/4/2022. Mandatory Mediation Program Completion due by 6/21/2022. Signed by Magistrate Judge Mark A. Beatty on 12/3/2021. (jmj)
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Filing 33
RESPONSE/ANSWER TO REQUEST FOR ADMISSIONS by Millennia Housing Management, LTD. Related document: #30 Request for Admissions filed by Terri Marcus.(Wehmer, Jeff)
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Filing 32
NOTICE of Hearing: Telephonic Status Conference set for 12/15/2021 at 10:00 AM before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0258.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 31
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 9/21/2021 before Magistrate Judge Mark A. Beatty. Attorney Robert Garwood appears on behalf of Plaintiff. Attorney Jeff Wehmer appears on behalf of Defendants. The parties discuss the status of the case. Discovery and dispositive motion deadlines remain in place. The Court reminds the parties that they are free to set their own internal deadlines as long as they do not interfere with the current discovery and dispositive motions deadlines. A status conference will be set in 90 days to discuss the status of discovery.(Court Reporter n/a.) (jmj)
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Filing 30
Plaintiff's REQUEST for Admissions to Millennia Housing by All Plaintiffs.(Garwood, Robert)
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Filing 29
NOTICE by All Plaintiffs of Intention to Prosecute Case (Garwood, Robert)
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Filing 28
NOTICE of Hearing: Telephonic Status Conference set for 9/21/2021 at 10:00 AM before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0258.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 8/24/2021. Attorney Robert Garwood appears on behalf of the Plaintiff. Attorney Jeff Wehmer appears on behalf of the Defendants. The parties discuss the status of the case. The Defendant has produced initial disclosures. Defendants represent that they have still not received Plaintiff's initial disclosures. Plaintiff indicates he will serve them on Defendants promptly. The schedule in this case included some built in delays (e.g. the Rule 16 conference was on May 26, but Initial Disclosures were not due until August 13) to allow Plaintiff's counsel to conduct some pre-discovery investigation with a security expert. Plaintiff's counsel indicates that investigation is not yet complete. In order to gain a better understanding of the trajectory of this case, the Court will set this matter for status in 30 days, at which time Plaintiff's counsel will be expected to have more definitive answers from his security expert on the status of this case. (Court Reporter n/a.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 26
SCHEDULING ORDER: Discovery due by 6/3/2022. Dispositive Motions due by 6/22/2022. Signed by Magistrate Judge Mark A. Beatty on 5/27/2021. (jmj)
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Filing 25
NOTICE of Hearing: Telephonic Status Conference set for 8/24/2021 at 11:00 AM before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0258.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
ORDER: The Final Pretrial Conference set for April 13, 2022 is CANCELLED and will be RESET by separate order. Signed by Magistrate Judge Mark A. Beatty on 5/27/2021. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 23
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Scheduling Conference held on 5/26/2021. Robert Garwood appears on behalf of the Plaintiff. Jeff Wehmer appears on behalf of the Defendants. The parties jointly request that this case be assigned Track C, given the complexities involved with the discovery. The Court agrees and modifies this case to a Track C. The presumptive trial month is now October 2022. The parties are DIRECTED to prepare a Joint Report in light of the new presumptive trial month and submit it to the undersigned's proposed documents inbox on or before June 2, 2021. Once received, and if the dates comport with the Court's local rules, the Joint Report will be entered as the Scheduling Order in this case. This matter will be set for telephonic status conference in 90 days. (Court Reporter n/a.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 22
AMENDED DOCUMENT by All Defendants. DEFENDANTS' AMENDED NOTICE OF REMOVAL. (Wehmer, Jeff)
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Filing 21
ORDER SETTING SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for 5/26/2021 at 10:30 AM before Magistrate Judge Mark A. Beatty. Joint Report of the Parties due seven days before the conference. The parties are reminded that the proposed discovery and dispositive motions deadlines must be in compliance with the requirements set forth in this Court's form order. See also SDIL-LR 7.1(f) and Timetable. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0258. Signed by Magistrate Judge Mark A. Beatty on 4/15/2021. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
CJRA TRACK B assigned: Final Pretrial Conference set for 4/13/2022 at 1:30 PM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Presumptive Jury Trial Month set for May 2022. Counsel should review the undersigned case management procedures for information regarding deadlines for Motions in Limine. Counsel should also carefully review the "Trial and Pre-Trial Related Procedures" section of the undersigned's case management procedures regarding other various pretrial procedures, requirements, and deadlines. Signed by Magistrate Judge Mark A. Beatty on 4/15/2021. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Amended Pleadings due by 4/20/2021. (tba)
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Filing 19
JURISDICTIONAL ORDER: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. See Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) ("It is the responsibility of a court to make an independent evaluation of whether subject matter jurisdiction exists in every case."). Defendants removed this matter on March 4, 2021 based on complete diversity of the parties (Doc. 2). However, the allegations regarding the citizenship of Defendant Carbondale 2192 Il, LLC are deficient. The notice of removal alleges that Carbondale 2192 Il, LLC has two members: Carbondale 2192 Investment, LLC ("Investment") and TGA MH Investor Member LLC ("TGA") (Doc. 2, p. 2). The citizenship of an LLC for diversity purposes is the citizenship of each of its members. See, e.g., Copeland v. Penske Logistics, LLC, 675 F.3d 1040, 1043 (7th Cir. 2012). Defendants further allege that Investment's sole member is an individual named Frank Sinito who is an Ohio resident. However, "residence and citizenship are not synonyms and it is the latter that matters for purposes of diversity jurisdiction." Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). The citizenship of a natural person for diversity purposes is determined by the person's domicile, which means the state where the person is physically present with an intent to remain there indefinitely. See Pollution Control Indus. of Am., Inc. v. Van Gundy, 21 F.3d 152, 155 n.4 (7th Cir. 1994), Perry v. Pogemiller, 16 F.3d 138, 140 (7th Cir. 1993); Cassens v. Cassens, 430 F. Supp. 2d 830, 833 (S.D. Ill. 2006). Accordingly, Defendants are ORDERED to file an Amended Notice of Removal on or before April 20, 2021 that clearly sets forth the information needed to determine whether complete diversity exits and jurisdiction lies with this Court. Signed by Magistrate Judge Mark A. Beatty on 4/13/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
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 21-258-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.
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Filing 17
FINAL CONSENT TO TRIAL BY U.S. MAGISTRATE JUDGE. (Garwood, Robert) Modified/unsealed on 3/17/2021 (lmb).
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Filing 16
NOTICE of Appearance by Robert T. Garwood on behalf of Terri Marcus (Garwood, Robert)
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Filing 15
NOTICE by Carbondale 2192 IL, LLC, Millennia Housing Management, LTD PROOF OF FILING IN STATE COURT (Attachments: #1 Exhibit 1)(Wehmer, Jeff)
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Filing 14
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 Garwood does not have a Notice of Appearance on file in this case. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wehmer, Jeff)
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Filing 12
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 9 Notice (Other) filed by Millennia Housing Management, LTD, Carbondale 2192 IL, LLC. Incorrect event selected. Select the event which most closely matches the document being filed. For this document, the correct event is "Consent/Non-Consent to US Magistrate Judge." E-filer is instructed to refile using Civil>Other Filings>Other Documents in order to properly file and seal this document.(kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
ANSWER to Complaint and Answer to Affirmative Defenses by Carbondale 2192 IL, LLC.(Wehmer, Jeff)
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Filing 10
ANSWER to Complaint and Answer to Affirmative Defenses by Millennia Housing Management, LTD.(Wehmer, Jeff)
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Filing 8
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: Carbondale 2192 IL, LLC, Terri Marcus, Millennia Housing Management, LTD. 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 21-258-MAB. (amv)
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Filing 7
NOTICE of Appearance by Stephen M. Strum on behalf of Carbondale 2192 IL, LLC, Millennia Housing Management, LTD (Strum, Stephen)
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Filing 6
DEMAND for Trial by Jury by Carbondale 2192 IL, LLC, Millennia Housing Management, LTD. (Wehmer, Jeff)
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Filing 5
CONSENT to Removal byCarbondale 2192 IL, LLC, Millennia Housing Management, LTD. (Wehmer, Jeff)
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Filing 4
Corporate Disclosure Statement by Carbondale 2192 IL, LLC. (Wehmer, Jeff)
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Filing 3
Corporate Disclosure Statement by Millennia Housing Management, LTD. (Wehmer, Jeff)
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Filing 2
NOTICE OF REMOVAL from Jackson County, Illinois, case number 20-L-97 ( Filing fee $ 402 receipt number 0754-4419847), filed by Carbondale 2192 IL, LLC, Millennia Housing Management, LTD. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet CIVIL COVER SHEET)(Wehmer, Jeff)
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Filing 1
NOTICE of Appearance by Jeff S. Wehmer on behalf of Carbondale 2192 IL, LLC, Millennia Housing Management, LTD (Wehmer, Jeff)
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