McClaine v. DX Enterprises, Inc.
Plaintiff: Heather McClaine
Defendant: DX Enterprises, Inc., DX Enterprises, Inc. formerly known as DX Enterprises, LLC doing business as DXE doing business as GCQA, LLC and DX Enterprises, LLC
Case Number: 3:2023cv01168
Filed: April 6, 2023
Court: US District Court for the Southern District of Illinois
Presiding Judge: David W Dugan
Nature of Suit: Labor: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2023 Opinion or Order Filing 25 SCHEDULING AND DISCOVERY ORDER: Motion for Class Certification due by 11/30/2023. Signed by Judge David W. Dugan on 6/1/2023. (Attachments: #1 JROP)(dmw2)
June 1, 2023 Opinion or Order Filing 24 ORDER. The Court adopts the Joint Report of the Parties as submitted. Accordingly, the Scheduling Conference set for 6/6/2023 is CANCELLED. Should the parties seek to amend the trial date, a written motion will be required. Signed by Judge David W. Dugan on 6/1/2023. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 30, 2023 Opinion or Order Filing 23 ORDER denying #20 Motion to Dismiss, #21 Motion to Stay. For the reasons detailed in the attached Memorandum and Order, Defendant's Motion to Dismiss (Doc. 20) is DENIED, as moot, and without prejudice, and Defendant's Motion to Stay Proceedings (Doc. 21) is DENIED. Defendant may, however, renew its request in the future as the case progresses and if appropriate circumstances exist to justify a stay. Signed by Judge David W. Dugan on 5/30/2023. (arm)
May 24, 2023 Filing 22 AMENDED COMPLAINT - FIRST against DX Enterprises, Inc., filed by Heather McClaine.(Barack, Max)
May 5, 2023 Filing 21 MOTION to Stay the Proceedings by DX Enterprises, Inc.. (Suchdev, Nitika)
May 5, 2023 Filing 20 MOTION to Dismiss and Brief In Support of Motion to Dismiss by DX Enterprises, Inc.. (Suchdev, Nitika)
May 5, 2023 Filing 19 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #18 Motion to Stay filed by DX Enterprises, Inc., #17 Motion to Dismiss filed by DX Enterprises, Inc. Login used and signature do not match. Filer will re-file documents. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 4, 2023 Filing 18 STRICKEN MOTION to Stay the Proceedings by DX Enterprises, Inc.. (Suchdev, Nitika) Modified on 5/5/2023 (kdw).
May 4, 2023 Filing 17 STRICKEN MOTION to Dismiss Plaintiffs Class Action and Brief in Support of Motion to Dismiss by DX Enterprises, Inc.. (Suchdev, Nitika) Modified on 5/5/2023 (kdw).
May 3, 2023 Filing 16 NOTICE of Appearance by Jamie L Filipovic on behalf of DX Enterprises, Inc. (Filipovic, Jamie)
May 3, 2023 Opinion or Order Filing 15 ORDER. Scheduling Conference set for 6/6/2023 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 5/30/2023 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 5/3/2023. (Attachments: #1 JROP)(dmw2)
May 3, 2023 Filing 14 CJRA TRACK D assigned: Final Pretrial Conference set for 4/17/2025 at 10:00 AM and Jury Trial set for 4/28/2025 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 5/3/2023. (dmw2)
April 27, 2023 Filing 13 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 347, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge David W. Dugan for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 23-1168-DWD. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 26, 2023 Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Suchdev, Nitika)
April 25, 2023 Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Barack, Max)
April 12, 2023 Filing 10 NOTICE FROM CLERK Instructing Heather McClaine to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 257 and 341, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Heather McClaine on 04/12/2023. Consent due by 5/3/2023 (kdw)
April 12, 2023 Opinion or Order Filing 9 ORDER GRANTING #8 MOTION for Extension of Time to File Answer filed by DX Enterprises, Inc. Defendant DX Enterprises, Inc. shall file its answer or otherwise respond to Plaintiff's complaint by 5/4/2023. Signed by Magistrate Judge Reona J. Daly on 4/12/2023. (nmf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 11, 2023 Filing 8 MOTION for Extension of Time to File Answer by DX Enterprises, Inc.. (Suchdev, Nitika)
April 11, 2023 Filing 7 NOTICE of Appearance by Max P. Barack on behalf of Heather McClaine (Barack, Max)
April 7, 2023 Filing 6 Federal Rule of Civil Procedure 7.1 Disclosure Statement by DX Enterprises, Inc.. (Suchdev, Nitika)
April 7, 2023 Filing 5 Letter to Attorney Barack regarding admission to SDIL. (kdw)
April 7, 2023 Filing 4 NOTICE OF ACTION re #1 Notice of Removal, filed by DX Enterprises, Inc. 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. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 7, 2023 Filing 3 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly and 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 23-1168-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 4/28/2023 (kdw)
April 6, 2023 Filing 2 NOTICE of Appearance by Nitika Suchdev on behalf of DX Enterprises, Inc. (Suchdev, Nitika)
April 6, 2023 Filing 1 NOTICE OF REMOVAL from State of Illinois, Circuit Court - Lawrence County, case number 2023-LA-1 ( Filing fee $ 402 receipt number AILSDC-5045486), filed by DX Enterprises, Inc.. (Attachments: #1 Exhibit 1 - All State Court Filings, #2 Exhibit 2 - Declaration of William Boss, #3 Civil Cover Sheet Civil Cover Sheet)(Suchdev, Nitika)

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Plaintiff: Heather McClaine
Represented By: Max P. Barack
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Defendant: DX Enterprises, Inc.
Represented By: Nitika Suchdev
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Defendant: DX Enterprises, Inc. formerly known as DX Enterprises, LLC doing business as DXE doing business as GCQA, LLC
Represented By: Jamie L Filipovic
Represented By: Nitika Suchdev
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Defendant: DX Enterprises, LLC
Represented By: Jamie L Filipovic
Represented By: Nitika Suchdev
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