Penning et al v. C.A.T. Inc. et al
Plaintiff: Mark Penning and Vicki Penning
Defendant: C.A.T. Inc., Ryder Truck Rental Canada, Ltd. and Alexandre Bourcier
Case Number: 3:2022cv02241
Filed: September 28, 2022
Court: US District Court for the Southern District of Illinois
Presiding Judge: J Phil Gilbert
Referring Judge: Staci M Yandle
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2022 Opinion or Order Filing 12 ORDER DENYING Plaintiffs' Request to Appoint Special Process Server for Service Via the Hague Service Convention (Doc. #5 ): Federal Rule of Civil Procedure 4(c)(3) authorizes the Court, at a plaintiff's request, to order that service of the summons and complaint be made by a U.S. marshal, a deputy marshal, or by a person specially appointed by the Court. Fed. R. Civ. P. 4(c)(3). Plaintiffs have engaged a process server, APS International, Ltd., and fail to explain or establish why they cannot effectuate service through the procedures set forth in Federal Rule of Civil Procedure 4(f). Accordingly, the motion to appoint a process server is DENIED. Signed by Judge Staci M. Yandle on 11/1/2022. (cka) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 7, 2022 Filing 11 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 Staci M. Yandle for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 22-2241-SMY. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 4, 2022 Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kehlenbrink, Scott)
October 4, 2022 Filing 9 NOTICE OF CASE REASSIGNMENT: Pursuant to the Order of Recusal entered on 9/30/2022, this case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison. 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: Mark Penning, Vicki Penning. 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 22-22-41-GCS. Consent due by 10/25/2022 (mar)
September 30, 2022 Opinion or Order Filing 8 ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Magistrate Judge Gilbert C. Sison for all further proceedings. Signed by Judge J. Phil Gilbert on 9/30/2022. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 30, 2022 Filing 7 NOTICE OF MODIFICATION re #5 Motion for Miscellaneous Relief filed by Vicki Penning, Mark Penning. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). Proposed order to be deleted in accordance with this Courts practices. Proposed documents need to be e-mailed to the proper judge.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 29, 2022 Filing 6 Summonses Issued as to Alexandre Bourcier, C.A.T. Inc., Ryder Truck Rental Canada, Ltd., and originals mailed to Attorney Kehlenbrink. (kdw)
September 29, 2022 Filing 5 MOTION Appointment of Special Process Server Under Hague Service Convention by All Plaintiffs. (Attachments: # 1 Summons Proposed Order)(Kehlenbrink, Scott)
September 29, 2022 Filing 4 NOTICE of Appearance by Scott David Kehlenbrink on behalf of All Plaintiffs (Kehlenbrink, Scott)
September 29, 2022 Filing 3 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 Scott Kehlenbrink does not have a Notice of Appearance on file in this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 29, 2022 Filing 2 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 22-cv-2241-JPG. (kek)
September 28, 2022 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILSDC-4893672.), filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons C.A.T. Inc., #3 Summons Summons Ryder, #4 Summons Summons Bourcier)(Kehlenbrink, Scott)

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Plaintiff: Mark Penning
Represented By: Scott David Kehlenbrink
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Plaintiff: Vicki Penning
Represented By: Scott David Kehlenbrink
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Defendant: C.A.T. Inc.
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Defendant: Ryder Truck Rental Canada, Ltd.
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Defendant: Alexandre Bourcier
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