Asel v. Duncan Enterprises, Inc. et al
| Darlene Asel |
| Duncan Enterprises, Inc. d/b/a Pegasus Transportation, Inc., CRST Expedited, Inc., Brice Fritter, Duncan Enterprises, Inc. doing business as Pegasus Transportation, Inc. and CRST Expedited, Inc. doing business as CRST |
| 3:2022cv02024 |
| August 30, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 ANSWER to #21 Amended Complaint by CRST Expedited, Inc., Duncan Enterprises, Inc., Brice Fritter.(Temple, James) |
| Filing 21 AMENDED COMPLAINT against All Defendants, filed by Darlene Asel.(Barry, Christopher) |
Filing 20
ORDER granting #19 Motion for Leave to File Amended Complaint: Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, a party may amend its pleading once as a matter of course within 21 days after service of a responsive pleading or motion to dismiss. Fed. R. Civ. P. 15(a)(1). In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave, which should be freely given when justice so requires. Fed. R. Civ. P. 15(a)(2). Here, Defendant filed its motion to dismiss on September 23, 2022, and six days later Plaintiff filed a motion for leave to amend the complaint. At that time, Plaintiff could have amended the complaint as a matter of course, without permission from the Court. Plaintiff nevertheless sought permission. Defendant did not file any objection to Plaintiff's request. To the extent that leave of Court is required to amend the complaint, it is granted. Plaintiff is ORDERED to file the First Amended Complaint on or before October 18, 2022. The amended complaint will moot the pending motion to dismiss (Doc. 17), but Defendant is free to renew its arguments by filing a new motion to dismiss. Signed by Judge David W. Dugan on 10/12/2022. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MOTION for Leave to File Amended Complaint by All Plaintiffs. (Barry, Christopher) |
| Filing 18 SUMMONS Returned Executed by Darlene Asel. CRST Expedited, Inc. served on 9/16/2022, answer due 10/7/2022. (Barry, Christopher) |
| Filing 17 MOTION to Dismiss for Failure to State a Claim by Brice Fritter. (Temple, James) |
| Filing 16 ANSWER to #1 Complaint , Affirmative Defenses, and Jury Demand by CRST Expedited, Inc., Duncan Enterprises, Inc..(Temple, James) |
| Filing 15 NOTICE of Appearance by James J. Temple on behalf of CRST Expedited, Inc., Duncan Enterprises, Inc., Brice Fritter (Temple, James) |
| Filing 14 NOTICE of Appearance by Joseph G. Skryd on behalf of CRST Expedited, Inc., Duncan Enterprises, Inc., Brice Fritter (Skryd, Joseph) |
| Filing 13 SUMMONS Returned Executed by Darlene Asel. Duncan Enterprises, Inc. served on 9/9/2022, answer due 9/30/2022. (Barry, Christopher) |
| Filing 12 SUMMONS Returned Executed by Darlene Asel. Brice Fritter served on 9/8/2022, answer due 9/29/2022. (Barry, Christopher) |
| Filing 11 Summons Issued as to Duncan Enterprises, Inc. Original mailed to counsel for service. (amv) |
| Filing 10 NOTICE of Appearance by Christopher Michael Barry on behalf of All Plaintiffs (Barry, Christopher) |
| Filing 9 Summons Requested. (Koester, Christopher) |
| Filing 8 Summons Issued as to CRST Expedited, Inc., Brice Fritter. Originals mailed to counsel for service. (amv) |
| Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #4 Summons Requested. Summons must be addressed the party named defendant on the complaint. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 22-2024-DWD. (amv) |
| Filing 5 Summons Requested. (Koester, Christopher) |
| Filing 4 STRICKEN Summons Requested. (Koester, Christopher) |
| Filing 3 Summons Requested. (Koester, Christopher) |
| Filing 2 NOTICE of Appearance by Christopher A. Koester on behalf of All Plaintiffs (Koester, Christopher) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number CILSDC-4873709.), filed by Darlene Asel. (Attachments: #1 Civil Cover Sheet)(Koester, Christopher) |
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