Chillers et al v. Progressive Waste Solutions of MO, Inc. et al
| Maria Chillers and Jermon Chillers |
| Progressive Waste Solutions of MO, Inc. doing business as Waste Connections of Missouri and Courtney Andrews |
| Mediator Jerry McDonald |
| 3:2023cv00638 |
| February 22, 2023 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on September 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 JUDGMENT IN A CIVIL CASE. Approved by Magistrate Judge Reona J. Daly on 9/18/2023. (jlm) |
| Filing 32 MOTION to Dismiss with Prejudice by All Defendants. (Niedbalski, Timothy) |
Filing 31
60 DAY ORDER: The Clerk of Court is directed to enter judgment of dismissal with prejudice on September 18, 2023. If the parties fail to finalize the settlement by this date, they may move to postpone entry of judgment to a later date. Further, in light of the parties' settlement, the Court VACATES all deadlines and hearings. Signed by Magistrate Judge Reona J. Daly on 7/20/2023. (nmf)
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| Filing 30 NOTICE of Settlement by All Defendants (Niedbalski, Timothy) |
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Filing 29
ORDER GRANTING #27 MOTION to Dismiss Jermon Chillers filed by Jermon Chillers. The Court construes Plaintiff Jermon Chillers' filing as a request for dismissal pursuant to Rule 41(a). Plaintiff Jermon Chillers indicates he no longer wants to pursue his cause of action and asks that the Court dismiss him. Defendants have not filed a response. A plain reading of Federal Rule of Civil Procedure 41(a) suggests that dismissal under this rule should be used only to dismiss an entire action (rather than a particular claim against a particular defendant). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) is "limited to dismissal of an entire action" and Rule 15(a) is the proper vehicle for "adding or dropping parties and claims"). While the Court acknowledges the plain reading of the rule, it finds that dismissing Plaintiff Jermon Chillers, rather than ordering amendment of the complaint, is in the interest of judicial economy and that dismissal pursuant to Rule 41(a)(2) is appropriate. See Quad/Graphics, Inc. v. Fass, 724 F.2d 1230, 1233 (7th Cir. 1983) ("In the context of a partial settlement, Rule 41(a)(2) is usually the mechanism by which the settling defendants are eliminated from the case."). Accordingly, Plaintiff Jermon Chillers' claims are hereby DISMISSED without prejudice. Signed by Magistrate Judge Reona J. Daly on 7/7/2023. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 STIPULATION To Selection of Mediator by All Plaintiffs. (Prince, Mark) |
| Filing 27 MOTION to Dismiss Jermon Chillers by Jermon Chillers. (Prince, Mark) |
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Filing 26
SCHEDULING AND DISCOVERY ORDER: The Joint Report is approved and entered. Discovery to be completed by 10/23/2023. Dispositive Motions to be filed by 11/22/2023. Stipulation Selecting Mediator to be filed by 5/11/2023. Mandatory Mediation Session to be completed by 9/22/2023. Mandatory Mediation Program Completion due by 11/7/2023. Signed by Magistrate Judge Reona J. Daly on 4/12/2023. (Attachments: #1 Joint Report of Parties)(jlm)
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Filing 25
ORDER. The Court has reviewed the proposed Joint Report of the parties. The Joint Report is approved and will be entered. The Scheduling and Discovery Conference presently set for 4/13/2023 is CANCELLED. Status Conference set for 7/24/2023 at 10:00 AM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 888-273-3658. The access code is 1770924. The security code is 6380. Signed by Magistrate Judge Reona J. Daly on 4/12/2023. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Reona J. Daly on 3/6/2023. (jlm)
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Filing 23
ORDER SETTING SCHEDULING CONFERENCE. Scheduling and Discovery Conference set for 4/13/2023 at 9:30 AM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 888-273-3658. The access code is 1770924. The security code is 5330. The parties are to submit a Joint Report and Proposed Scheduling and Discovery Order seven days before the conference via e-mail to RJDpd@ilsd.uscourts.gov. Signed by Magistrate Judge Reona J. Daly on 3/6/2023. (jlm)
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| Filing 22 CJRA TRACK B assigned. Final Pretrial Conference set for 2/22/2024 at 9:30 AM in Benton Courthouse before Magistrate Judge Reona J. Daly. Jury Trial set for 3/5/2024 at 9:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly.(jlm) |
| Filing 21 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Reona J. Daly is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 23-638-RJD. Any District Judge previously assigned will no longer be assigned to this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 20 NOTICE OF MODIFICATION re #19 Notice (Other) filed by Progressive Waste Solutions of MO, Inc. Incorrect event selected. Select the event that most closely matches the document being filed. For this document, the correct event is "Consent/Non-Consent to US Magistrate Judge" under the heading "Other Filings/Other Documents". Docket text modified to reflect the correct document. No further action required by the filer. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 19 FINAL CONSENT/NON-CONSENT TO US MAGISTRATE JUDGE by Progressive Waste Solutions of MO, Inc. (Niedbalski, Timothy) Modified on 3/3/2023 (kdw). |
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Filing 18
ORDER granting #17 Motion to Appear Pro Hac Vice by Attorney Niedbalski on behalf of Waste Connections of Missouri, Inc. and Courtney Andrews. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 17 MOTION to Appear Pro Hac Vice by Attorney Timothy Niedbalski by on behalf of Courtney Andrews, Progressive Waste Solutions of MO, Inc.. (Niedbalski, Timothy) |
| Filing 16 Federal Rule of Civil Procedure 7.1 Disclosure Statement by All Plaintiffs. (Prince, Mark) |
| Filing 15 NOTICE OF ACTION re #9 Notice of Appearance filed by Jermon Chillers, Maria Chillers. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #13 Motion to Appear Pro Hac Vice filed by Courtney Andrews, Progressive Waste Solutions of MO, Inc.. Login information used and signature on document do not match. Attorney Niedbalski shall re-file a Motion to Appear Pro Hac Vice using his own login credentials. When the document is re-filed, the filer should bypass pay.gov as to not incur an additional fee. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 13 STRICKEN - MOTION to Appear Pro Hac Vice for Timothy Niedbalski by Attorney Jeffrey L. Dunn $200 fee paid,receipt number AILSDC-5009154 by on behalf of Courtney Andrews, Progressive Waste Solutions of MO, Inc.. (Dunn, Jeffrey) Modified on 2/24/2023 (kek). |
| Filing 12 ANSWER TO AFFIRMATIVE DEFENSES re #6 Defendant Andrews by All Plaintiffs. (Prince, Mark) |
| Filing 11 ANSWER TO AFFIRMATIVE DEFENSES re #3 Waste Connections by All Plaintiffs. (Prince, Mark) |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Prince, Mark) |
| Filing 9 NOTICE of Appearance by Mark D. Prince on behalf of All Plaintiffs (Prince, Mark) |
| Filing 8 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 Orders 257 and 341. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this 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 Nos. 257 and 341, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent 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: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 23-638-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 3/16/2023 (kdw) |
| Filing 7 DEMAND for Trial by Jury by Courtney Andrews. (Dunn, Jeffrey) |
| Filing 6 ANSWER to Complaint by Courtney Andrews.(Dunn, Jeffrey) |
| Filing 5 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Progressive Waste Solutions of MO, Inc. identifying Corporate Parent Waste Connections US Holdings, Inc. for Progressive Waste Solutions of MO, Inc.. (Dunn, Jeffrey) |
| Filing 4 DEMAND for Trial by Jury by Progressive Waste Solutions of MO, Inc.. (Dunn, Jeffrey) |
| Filing 3 ANSWER to Complaint by Progressive Waste Solutions of MO, Inc..(Dunn, Jeffrey) |
| Filing 2 NOTICE of Appearance by Jeffrey L. Dunn on behalf of Courtney Andrews, Progressive Waste Solutions of MO, Inc. (Dunn, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL from Williamson County, Illinois, case number 2022-LA-143 ( Filing fee $ 402 receipt number AILSDC-5008235), filed by Progressive Waste Solutions of MO, Inc., Courtney Andrews. (Attachments: #1 Exhibit A - Summons/Complaint, #2 Exhibit B - Civil Cover Sheet, #3 Exhibit C - State Court Notice, #4 Exhibit D - Andrews Consent)(Dunn, Jeffrey) |
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