Shelton v. Union Pacific Railroad Company et al
| Cindy Shelton |
| Union Pacific Railroad Company, Union Pacific Corporation, Village of Bonnie, Jefferson County, Michael Webb, Zachary Gillespie and James Farmer |
| 3:2022cv00138 |
| January 21, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 7, 2022. A more recent docket listing may be available from PACER.
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Filing 37
ORDER re #28 Amended Complaint. For the reasons stated in the attached Memorandum and Order, the parties who have appeared in this case, Plaintiff Cindy Shelton, Defendant Union Pacific Railroad Company, and Defendant Union Pacific Corporation are ORDERED to submit briefs on the Court's subject matter jurisdiction and the propriety of the joinder of the Village of Bonnie, Jefferson County, Michael Webb, Zachary Gillespie, and James Farmer as party defendants under 28 U.S.C. 1447(e). Briefs shall be submitted by April 6, 2022 and should not exceed fifteen (15) pages in length. All defendants are NOT required to answer or respond to Plaintiff's First Amended Complaint (Doc. 28) until after the Court enters an order resolving these jurisdictional issues. Further, now that Plaintiff has filed an amended complaint, the motion to dismiss (Doc. 11) filed by Defendant Union Pacific Corporation is DENIED, as moot, and without prejudice. (Briefs due by 4/6/2022). Signed by Judge David W. Dugan on 3/16/2022. (arm)
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| Filing 36 Summons Issued as to James Farmer, Zachary Gillespie, Jefferson County, Village of Bonnie, Michael Webb and originals mailed to Attorney Mahony. (kdw) |
| Filing 35 Summons Requested. (Mahony, MacKenzie) |
| Filing 34 Summons Requested. (Mahony, MacKenzie) |
| Filing 33 Summons Requested. (Mahony, MacKenzie) |
| Filing 32 Summons Requested. (Mahony, MacKenzie) |
| Filing 31 Summons Requested. (Mahony, MacKenzie) |
| Filing 30 NOTICE REGARDING FILING re #29 Notice (Other) filed by Cindy Shelton. The document attached contains a Notice of Filing. Notices of Filing and Certificates of Service should only be filed as the final page of a pleading, and not a standalone document. No further action required. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 29 NOTICE by All Plaintiffs re #28 Amended Complaint Notice of Filing (Mahony, MacKenzie) |
| Filing 28 AMENDED COMPLAINT First Amended Complaint against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Mahony, MacKenzie) |
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Filing 27
SCHEDULING AND DISCOVERY ORDER: Discovery due by 5/24/2023. Dispositive Motions due by 6/23/2023. Stipulation Selecting Mediator to be filed by 4/5/2022. Mandatory Mediation Session to be completed by 4/24/2023. Mandatory Mediation Program Completion due by 6/8/2023. Signed by Judge David W. Dugan on 3/9/2022. (Attachments: #1 JROP)(dmw2)
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| Filing 26 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #25 Status Report filed by Cindy Shelton. As indicated in the minute entry at Doc. 24, the proposed Joint Report of Parties shall be submitted via email at DWDpd@ilsd.uscourts.gov. Accordingly, this entry is stricken. The filer is instructed to resubmit the Joint Report via email to Judge Dugan's proposed documents email address listed above. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 25 STRICKEN - STATUS REPORT Joint Status Report by Cindy Shelton. (Mahony, MacKenzie) Modified on 3/8/2022 (dmw2). |
| Filing 24 Minute Entry for proceedings held before Judge David W. Dugan: Scheduling Conference held on 3/1/2022. Attorney Mackenzie Mahony present on behalf of Plaintiff. Attorney William Brasher present on behalf of Defendants. The Court GRANTS in part #21 Joint MOTION for Extension of Time filed by Cindy Shelton. Final Pretrial Conference RESET to 9/21/2023 at 10:00 AM and Jury Trial RESET to 10/2/2023 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. The Parties are instructed to submit a new Joint Report of Parties within 7 days, 3/8/2022, via email at DWDpd@ilsd.uscourts.gov. The Court GRANTS Plaintiff's oral motion to file an amended complaint within 14 days. Amended Pleadings due by 3/15/2022. A Status Conference is set for 1/19/2023 a 2:00 PM via Zoom video conference before Judge David W. Dugan. (Court Reporter N/A.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 23 NOTICE REGARDING FILING re #21 Motion for Extension of Time filed by Cindy Shelton. Login used and signature do not match. This Notice is being entered for the filer's reference as future such instances where the signer and filer do not match may be stricken. No further action required. This Notice is sent for informational purposes only. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 22 NOTICE: The Court will take up the Joint Motion for Extension of Time (Doc. #21 ) at the Scheduling Conference scheduled for 3/1/2022 at 3:00 p.m. via Zoom video conference. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 21 Joint MOTION for Extension of Time by Cindy Shelton. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Murray, Sean) |
| Filing 20 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Brasher, William) |
| Filing 19 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Mahony, MacKenzie) |
| Filing 18 NOTICE REGARDING FILING re #14 Motion to Appear Pro Hac Vice filed by Cindy Shelton. Consent/Non-Consent to US Magistrate Judge forms are to be filed as a separate document. For this document, the correct event is "Consent/Non-Consent to US Magistrate Judge" under the heading "Other Filings/ Other documents". Filer will need refile the document Consent/Non-Consent to US Magistrate Judge. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 17
ORDER granting #14 Motion to Appear Pro Hac Vice by Attorney Mahony on behalf of all plaintiffs (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 NOTICE of Appearance by Sean P. Murray on behalf of Cindy Shelton (Murray, Sean) |
| Filing 15 NOTICE of Appearance by MacKenzie John Mahony on behalf of All Plaintiffs (Attachments: #1 Exhibit)(Mahony, MacKenzie) |
| Filing 14 First MOTION to Appear Pro Hac Vice by Attorney MacKenzie John Mahony $200 fee paid,receipt number BILSDC-4709207 by on behalf of All Plaintiffs. (Attachments: #1 Consent to Magistrate Judge)(Mahony, MacKenzie) |
| Filing 13 Corporate Disclosure Statement by Union Pacific Corporation. (Brasher, William) |
| Filing 12 MEMORANDUM in Support re #11 MOTION to Dismiss for Lack of Jurisdiction filed by Union Pacific Corporation. (Attachments: #1 Exhibit Exhibit A)(Brasher, William) |
| Filing 11 MOTION to Dismiss for Lack of Jurisdiction by Union Pacific Corporation. (Brasher, William) |
| Filing 10 NOTICE of Appearance by William A. Brasher on behalf of Union Pacific Corporation (Brasher, William) |
| Filing 9 ANSWER to Complaint by Union Pacific Railroad Company.(Brasher, William) |
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Filing 8
ORDER REFERRING CASE to Mediation. Signed by Judge David W. Dugan on 1/27/2022. (dmw2)
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Filing 7
ORDER. Scheduling Conference set for 3/1/2022 at 3:00 PM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 2/22/2022 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. The Parties are instructed to use the correct form for the Joint Report of the Parties which can be found attached to this Order. Signed by Judge David W. Dugan on 1/27/2022. (Attachments: #1 JROP)(dmw2)
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| Filing 6 CJRA TRACK C assigned: Final Pretrial Conference set for 7/13/2023 at 10:00 AM and Jury Trial set for 7/24/2023 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 1/27/2022. (dmw2) |
| Filing 5 Letter to Attorney Mahony regarding General Admissions. (kdw) |
| Filing 4 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 22-138-DWD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kdw) |
| Filing 3 Corporate Disclosure Statement by Union Pacific Railroad Company identifying Corporate Parent Union Pacific Corporation for Union Pacific Railroad Company. (Brasher, William) |
| Filing 2 NOTICE of Appearance by William A. Brasher on behalf of Union Pacific Railroad Company (Brasher, William) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County Circuit Court, case number 21L1207 ( Filing fee $ 402 receipt number AILSDC-4687199), filed by Union Pacific Railroad Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Errata Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Civil Cover Sheet Civil Cover Sheet)(Brasher, William) |
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