Hanson et al v. Mid Central Operating Engineers Health & Welfare Fund
| Deborah Hanson and Timothy Hanson |
| Mid Central Operating Engineers Health & Welfare Fund |
| Womick Law Firm, Chtd. |
| 3:2023cv02343 |
| July 6, 2023 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ORDER DENYING #13 Motion to Strike #12 Reply in Support of Plaintiffs' Motion for Remand. While Local Rule 7.1(c) states that "[r]eply briefs are not favored and should be filed only in exceptional circumstances[,]" generally speaking, a motion to strike a reply is disfavored just as much, if not more, than the reply itself. Defendants' motion to strike does not serve to refine the issues or aid in a more expeditious resolution of the case; it only generates another round of briefing that the Court must read and address before it can reach the motion to remand. The Court is cognizant of Local Rule 7.1(c) and capable of recognizing and disregarding an unwarranted reply brief, or inappropriate arguments therein, (and will do so here, if appropriate, when it issues an order on the motion to remand) without additional briefing by the parties. Additionally, Defendant's request to file a sur-reply is DENIED. Signed by Magistrate Judge Mark A. Beatty on 8/25/2023. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
MOTION to Strike #12 Response in Opposition to Motion to Plaintiffs' Motion for Remand and Memorandum of Law in Support Thereof by Mid Central Operating Engineers Health & Welfare Fund. (Long, John)
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Filing 12
RESPONSE in Opposition re #10 MOTION to Remand filed by All Plaintiffs. (Womick, John)
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Filing 11
RESPONSE in Opposition re #10 MOTION to Remand filed by Mid Central Operating Engineers Health & Welfare Fund. (Long, John)
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Filing 10
MOTION to Remand by All Plaintiffs. (Womick, John)
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Filing 9
NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty 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 3:23-cv-02343-MAB. Any District Judge previously assigned will no longer be assigned to this case. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Womick, John) Unsealed on 7/12/2023 (aza).
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Filing 7
NOTICE of Appearance by Hayden Eddings on behalf of Mid Central Operating Engineers Health & Welfare Fund (Eddings, Hayden)
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Filing 6
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Long, John)
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Filing 5
NOTICE FROM CLERK Instructing Deborah Hanson, Timothy Hanson, and Womick Law Firm Chtd., to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, 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 Deborah Hanson, Timothy Hanson, and Womick Law Firm Chtd. on 7/7/2023. Consent due by 7/28/2023 (aza)
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Filing 4
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order 347. 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 No. 347, 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: Mid Central Operating Engineers Health & Welfare Fund. 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 3:23-cv-02343-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 7/27/2023 (aza)
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Filing 3
Defendant's ANSWER to Complaint , Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by Mid Central Operating Engineers Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Long, John)
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Filing 2
NOTICE of Appearance by John T. Long on behalf of Mid Central Operating Engineers Health & Welfare Fund (Long, John)
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Filing 1
NOTICE OF REMOVAL from First Judicial Circuit, Williamson County, Illinois, case number 2022-LM-34 ( Filing fee $ 402 receipt number AILSDC-5123682), filed by Mid Central Operating Engineers Health & Welfare Fund. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet)(Long, John)
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