Blair et al v. Bestwall LLC
| Patricia Blair, Sheryl Evans, Melissa Taylor, Wilda Carden, Judy Bogner, Violet Butler, William Quigley, Christopher Nelson, Terri Martinek, Maria Fons, Cheryl D. Wooter, John Guzman and Betty Jean Camilleri |
| Bestwall LLC |
| 3:2021cv00675 |
| June 21, 2021 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Civil Rights: Other |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on July 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 37 Transcript of Motion Hearing held on 7-23-2021, before Judge Staci M. Yandle. Court Reporter/Transcriber Karen E. Waugh, Telephone number 618-482-9176. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at #http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/16/2021. Redacted Transcript Deadline set for 8/25/2021. Release of Transcript Restriction set for 10/25/2021. (kewa) |
| Filing 36 CLERK'S JUDGMENT. Approved by Judge Staci M. Yandle on 7/23/2021. (mah) |
| Filing 35 Minute Entry for proceedings held before Judge Staci M. Yandle: Motion Hearing held on 7/23/2021 regarding #22 Motion to Dismiss. Attorneys G. Patrick Murphy and Stephen Williams appear on behalf of all plaintiffs. Attorney John Steffan appears on behalf of Plaintiff Melissa Taylor. Attorneys Livia Kiser, Rachael Trummel, and Richard Worf, Jr. appear on behalf of Defendant. The Court entertains oral argument on the motion to dismiss. After reviewing the pleadings and considering the arguments of the parties, the Motion to Dismiss #22 is GRANTED. The Court provides detailed rulings and analysis on the record. For further details, the parties should consult the official Court transcript. Judgment to enter. (Court Reporter Karen Waugh.) (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 34
ORDER granting #33 Motion to Appear Pro Hac Vice by Attorney Richard A. Schneider on behalf of Bestwall LLC. (clt)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 Richard A. Schneider $200 fee paid,receipt number 0754-4533384 by on behalf of Bestwall LLC. (Schneider, Richard) |
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Filing 32
ORDER DENYING Motion for Leave to File Reply Brief by All Plaintiffs (Doc. #31 ): The Court finds no exceptional circumstances to justify the filing of a reply. Accordingly, the Motion is DENIED. Signed by Judge Staci M. Yandle on 7/22/2021. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 MOTION for Leave to File Reply Brief by All Plaintiffs. (Attachments: #1 Proposed Reply Brief, #2 Exhibit A - Proposed Reply Brief, #3 Exhibit B - Proposed Reply Brief, #4 Exhibit C - Proposed Reply Brief, #5 Exhibit D - Proposed Reply Brief)(Williams, Stephen) |
| Filing 30 RESPONSE in Opposition re #22 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: #1 Exhibit A - Garlock Supplemental Memorandum of Claimant Committee, #2 Exhibit B - Garlock Transcript of Proceedings, #3 Exhibit C - Bestwall Order Finding No Jurisdiction Over Appeal from Bankruptcy Court)(Williams, Stephen) |
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Filing 29
ORDER granting #25 Motion to Appear Pro Hac Vice by Attorney Richard C. Worf on behalf of Bestwall LLC and #26 Motion to Appear Pro Hac Vice by Attorney Garland S. Cassada on behalf of Bestwall LLC. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 MEMORANDUM in Opposition re #7 MOTION for Preliminary Injunction , filed by Bestwall LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kiser, Livia) |
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Filing 27
ORDER: This matter is set for a hearing on Defendant's Motion to Dismiss (Doc. #22 ) on July 23, 2021 at 9:30 A.M. via video conference before Judge Staci M. Yandle. Information regarding the video conference will be sent by email to all parties. Full access to this hearing is available remotely. Instructions to join the hearing are as follows: Call toll free 877-873-8017, when prompted enter Access Code 4354777. In light of the public health crisis due to the COVID-19 virus, the Court finds that full access to the press and public cannot be afforded for this hearing. Other alternatives were considered, but at this time the Court only has the technological capability to allow access by teleconference. Signed by Judge Staci M. Yandle on 7/19/2021. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 26 MOTION to Appear Pro Hac Vice for Garland S. Cassada by Attorney Garland S. Cassada $200 fee paid,receipt number 0754-4528909 by on behalf of Bestwall LLC. (Cassada, Garland) |
| Filing 25 MOTION to Appear Pro Hac Vice for Richard W. Worf, Jr. by Attorney Richard C. Worf, Jr $200 fee paid,receipt number 0754-4528898 by on behalf of Bestwall LLC. (Worf, Richard) |
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Filing 24
ORDER: Plaintiffs shall file a response to Defendant's Motion to Dismiss (Doc. #22 ) by the close of Court on July 20, 2021. Signed by Judge Staci M. Yandle on 7/15/2021. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 MEMORANDUM in Support re #22 MOTION to Dismiss for Lack of Jurisdiction filed by Bestwall LLC. (Kiser, Livia) |
| Filing 22 MOTION to Dismiss for Lack of Jurisdiction by Bestwall LLC. Responses due by 8/16/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kiser, Livia) |
| Filing 21 Corporate Disclosure Statement by Bestwall LLC. (Kiser, Livia) |
| Filing 20 NOTICE of Appearance by Rachael M. Trummel on behalf of Bestwall LLC (Trummel, Rachael) |
| Filing 19 NOTICE of Appearance by Livia M. Kiser on behalf of Bestwall LLC (Kiser, Livia) |
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Filing 18
ORDER: Plaintiffs Judy Bogner as personal representative of the Estate of Vernon Bogner and Wilda Carden as personal representative of the Estate of Harry Carden filed notices of voluntary dismissal (Docs. #16 and #17 ) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which provides that a plaintiff may dismiss an action without a court order so long as the opposing party has not served either an answer or a motion for summary judgment. Here, Defendant Bestwall, LLC has not filed an answer or motion for summary judgment. Accordingly, Plaintiffs' notices of voluntary dismissal (Docs. #16 and #17 ) are effective immediately upon filing and does not require judicial approval. See Nelson v. Napolitano, 657 F.3d 586 (7th Cir. 2011). The Clerk of Court is DIRECTED to terminate these Plaintiffs as parties to this action and enter judgment accordingly at the close of this case. Signed by Judge Staci M. Yandle on 7/12/2021. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 NOTICE of Voluntary Dismissal by Wilda Carden (Williams, Stephen) |
| Set/Reset Deadlines as to #7 MOTION for Preliminary Injunction . Responses due by 7/19/2021 (clt) |
| Filing 16 NOTICE of Voluntary Dismissal by Judy Bogner (Williams, Stephen) |
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Filing 15
ORDER: Plaintiffs' Emergency Motion for Hearing (Doc. #8 ) is GRANTED. Defendant Bestwall LLC shall file a response to Plaintiffs' Motion for Preliminary Injunction (Doc. #7 ) by July 19, 2021. This matter is set for a hearing on Plaintiffs' Motion for Preliminary Injunction on July 23, 2021 at 9:30 A.M. via video conference before Judge Staci M. Yandle. Information regarding the video conference will be sent by email to all parties. Full access to this hearing is available remotely. Instructions to join the hearing are as follows: Call toll free 877-873-8017, when prompted enter Access Code 4354777. In light of the public health crisis due to the COVID-19 virus, the Court finds that full access to the press and public cannot be afforded for this hearing. Other alternatives were considered, but at this time the Court only has the technological capability to allow access by teleconference. Signed by Judge Staci M. Yandle on 7/2/2021. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
ORDER: Plaintiffs Terri Martinek as personal representative of the Estate of William Martinek and William Quigley as personal representative of the Estate of Marie Quigley filed a Notice of Voluntary Dismissal (Doc. #13 ) pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which provides that a plaintiff may dismiss an action without a court order so long as the opposing party has not served either an answer or a motion for summary judgment. Here, Defendant Bestwall, LLC has not filed an answer or motion for summary judgment. Accordingly, Plaintiffs Notice of Voluntary Dismissal (Doc. #13 ) is effective immediately upon filing and does not require judicial approval. See Nelson v. Napolitano, 657 F.3d 586 (7th Cir. 2011). The Clerk of Court is DIRECTED to terminate these Plaintiffs as parties to this action and enter judgment accordingly at the close of this case. Signed by Judge Staci M. Yandle on 6/30/2021. (mah). THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 NOTICE of Voluntary Dismissal by Terri Martinek, William Quigley (Williams, Stephen) |
| Filing 12 NOTICE REGARDING FILING re #11 Notice (Other) filed by Sheryl Evans, Violet Butler, John Guzman, Maria Fons, Melissa Taylor, William Quigley, Judy Bogner, Cheryl D. Wooter, Wilda Carden, Terri Martinek, Patricia Blair, Betty Jean Camilleri, Christopher Nelson. The document attached contains a Certificate of Service. Notices of Filing and Certificates of Service should only be filed as the final page of a pleading, and not a standalone document.(clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 NOTICE by All Plaintiffs re #10 Amended Complaint, Certificate of Service (Williams, Stephen) |
| Filing 10 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit PIQ, #2 Exhibit Order Pursuant to BK Rule 2004, #3 Exhibit Collected Decls of Counsel, #4 Exhibit Order and Memo Quashing BW Subpoena, #5 Exhibit Transcript of Hearing 20210304)(Murphy, G.) |
| Filing 9 SUMMONS Returned Executed by All Plaintiffs. Bestwall LLC served on 6/23/2021, answer due 7/14/2021. (Williams, Stephen) |
| Filing 8 Emergency MOTION for Hearing re #7 MOTION for Preliminary Injunction by All Plaintiffs. (Murphy, G.) |
| Filing 7 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Murphy, G.) |
| Filing 6 NOTICE of Appearance by G. Patrick Murphy on behalf of All Plaintiffs (Murphy, G.) |
| Filing 5 NOTICE of Appearance by John Louis Steffan, IV on behalf of Melissa Taylor (Steffan, John) |
| Filing 4 Summons Issued as to Bestwall LLC. Original mailed to counsel for plaintiff for service. (amv) |
| Filing 3 NOTICE of Appearance by Stephen C. Williams on behalf of All Plaintiffs (Williams, Stephen) |
| Filing 2 Notice of Judge Assignment. Judge Staci M. Yandle assigned. All future documents must bear case number 21-675-SMY. (amv) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0754-4507640.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E)(Williams, Stephen) |
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