Crumley Roberts, LLP et al v. Heninger Garrison Davis, LLC
| Crumley Roberts, LLP and Burke Harvey, LLC |
| Heninger Garrison Davis, LLC |
| 3:2021cv00315 |
| March 18, 2021 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| David W Dugan |
| Contract: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on May 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 REPLY to Response to Motion re #20 MOTION to Remand and for Attorney Fees and Costs filed by Burke Harvey, LLC, Crumley Roberts, LLP. (Jorgensen, Christian) |
| Filing 22 RESPONSE in Opposition re #20 MOTION to Remand and for Attorney Fees and Costs filed by Heninger Garrison Davis, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baricevic, C.) |
Filing 21
ORDER denying #16 Motion to Shorten Time for Responses. On March 31, 2021, Defendant moved to dismiss Plaintiffs' complaint for failure to state a claim. By motion dated April 1, 2021, Defendant seeks to shorten the response deadlines for the motion to dismiss. Plaintiffs, however, have moved to remand this action to state court, arguing that there is no federal subject matter jurisdiction over the dispute between the parties. Plaintiffs also oppose the request to modify the motion to dismiss briefing schedule and instead ask that the deadline for responding be extended to 14 days after a ruling is issued on the pending motion to remand. Before weighing the merits of Plaintiffs' complaint, the Court must be assured that subject matter jurisdiction exists over this action. As such, Defendant's motion to shorten time for responses (Doc. #16 ) is DENIED. Briefing on Defendant's motion to dismiss (Doc. #15 ) is STAYED pending a ruling on Plaintiffs' motion to remand. A briefing schedule on the motion to dismiss will be set, if necessary, after the motion to remand is resolved. Signed by Judge David W. Dugan on 4/15/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 20 MOTION to Remand and for Attorney Fees and Costs by Burke Harvey, LLC, Crumley Roberts, LLP. Responses due by 5/10/2021 (Attachments: #1 Exhibit A-D)(Jorgensen, Christian) |
| Filing 19 Corporate Disclosure Statement by Burke Harvey, LLC. (Jorgensen, Christian) |
| Filing 18 Corporate Disclosure Statement by Crumley Roberts, LLP. (Jorgensen, Christian) |
| Filing 17 RESPONSE in Opposition re #16 MOTION To Shorten Time For Responses filed by Burke Harvey, LLC, Crumley Roberts, LLP. (Jorgensen, Christian) |
| Filing 16 MOTION To Shorten Time For Responses by Heninger Garrison Davis, LLC. (Baricevic, C.) |
| Filing 15 MOTION to Dismiss Complaint by Heninger Garrison Davis, LLC. Responses due by 5/3/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baricevic, C.) |
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Filing 14
ORDER Reserving Ruling as to #5 MOTION to Stay filed by Heninger Garrison Davis, LLC. A conditional transfer order has been issued for this action. Plaintiffs intend to object to the order. Additionally, Plaintiffs indicate in their response to Defendant's motion to stay that they intend to file a motion to remand in this action. The Court therefore RESERVES RULING on Defendant's motion to stay (Doc. #5 ) until it can be considered alongside Plaintiffs' anticipated motion to remand. See Meyers v. Bayer AG, 143 F.Supp.2d 1044 (E.D. Wis. 2001)(explaining the three-question analysis district courts must apply when faced with a motion to remand and a motion to stay proceedings pending a potential MDL transfer, which requires district courts to conduct a prompt preliminary assessment of jurisdiction before staying a case). Signed by Judge David W. Dugan on 3/30/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 RESPONSE in Opposition re #5 MOTION to Stay filed by Burke Harvey, LLC, Crumley Roberts, LLP. (Attachments: #1 Exhibit A-E)(Jorgensen, Christian) |
| Filing 12 NOTICE of Appearance by Christian J. Jorgensen on behalf of Burke Harvey, LLC (Jorgensen, Christian) |
| Filing 11 NOTICE by Crumley Roberts, LLP re 9 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, (Attachments: #1 Notice of Opposition)(Jorgensen, Christian) |
| Filing 10 NOTICE of Appearance by Christian J. Jorgensen on behalf of Crumley Roberts, LLP (Jorgensen, Christian) |
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Filing 9
ORDER as to #5 MOTION to Stay. By motion dated March 19, 2021, Defendant seeks to stay this action because it involves a dispute arising out of a fee and expense award issued by United States District Judge John Lungstrum, who is presiding over multidistrict litigation in In re: Syngenta AG MIR162 Corn Litigation, 2:14-MD-02591-JWL-JPO. Defendant has supplemented its motion with a notice that a conditional transfer order transferring this action to the District of Kansas was entered, as the MDL court retained jurisdiction over disputes arising from the fee and expense award. If Plaintiffs do not object to the transfer order by March 31, 2021, this action will be transferred. Before staying this action in its entirety, the Court will allow Plaintiffs to file any objections to Defendant's motion to stay, but a shorter response period is warranted by the particular posture of this case. Accordingly, Plaintiffs' responses or objections to Defendant's motion to stay shall be filed by March 29, 2021. Signed by Judge David W. Dugan on 3/25/21. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 NOTICE by All Defendants re #5 MOTION to Stay (Attachments: #1 Exhibit B)(Baricevic, C.) |
| Filing 7 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 Reona J. Daly no longer assigned to the case. All future documents must bear case number 3:21-cv-00315-DWD. (clt)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. (Baricevic, C.) |
| Filing 5 MOTION to Stay by Heninger Garrison Davis, LLC. (Attachments: #1 Exhibit A)(Baricevic, C.) |
| Filing 4 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: All Parties. 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 3:21-cv-00315-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 4/8/2021 (clt) |
| Filing 3 EXHIBIT by Heninger Garrison Davis, LLC. Exhibit to #1 Notice of Removal . (Baricevic, C.) |
| Filing 2 NOTICE of Appearance by C. John Baricevic on behalf of Heninger Garrison Davis, LLC (Baricevic, C.) |
| Filing 1 NOTICE OF REMOVAL from Madison County Circuit Court, case number 2021L00260, filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Baricevic, C.) |
| Filing fee: $ 402.00, receipt number 34625107238 (clt) |
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