Montgomery v. KA Bulk Transport, LLC
| Kenneth G Montgomery and Kenneth G Montgomery doing business as Montgomery's Transportation Inc. |
| KA Bulk Transport, LLC and KA Bulk Transport, LLC doing business as Klemm Tank Lines |
| 3:2023cv02806 |
| August 15, 2023 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 REPLY to Response to Motion re #21 MOTION for Summary Judgment filed by Kenneth G Montgomery. (jle) |
| Filing 26 MOTION for status re #25 Scheduling Order, (Def's Request For Status Conference) by KA Bulk Transport, LLC. (Karasik, Alex) |
Filing 25
SCHEDULING AND DISCOVERY ORDER: Discovery due by 1/12/2024. Dispositive Motions due by 1/26/2024. Stipulation Selecting Mediator to be filed by 10/5/2023. Mandatory Mediation Session to be completed by 11/17/2023. Mandatory Mediation Program Completion due by 1/26/2024. Signed by Judge David W. Dugan on 9/25/2023. (Attachments: #1 JROP)(dmw2)
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Filing 24
ORDER. The Court adopts the Joint Report of the Parties as submitted. Accordingly, the Scheduling Conference set for 9/26/2023 is CANCELLED. Should the parties seek to amend the trial date, a written motion will be required. Signed by Judge David W. Dugan on 9/25/2023. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 RESPONSE in Opposition re #21 MOTION for Summary Judgment filed by KA Bulk Transport, LLC. (Karasik, Alex) |
| Filing 22 RESPONSE in Opposition re #19 MOTION to Amend/Correct (Defendant's Opposition to Motion For Leave to Amend) filed by KA Bulk Transport, LLC. (Karasik, Alex) |
| Filing 21 MOTION for Summary Judgment by Kenneth G Montgomery. (clw) |
| Filing 20 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (clw) |
| Filing 19 MOTION to Amend Complaint by Kenneth G Montgomery. (clw) |
| Filing 18 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 347, this case will remain with the assigned District Judge David W. Dugan. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 17 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Karasik, Alex) |
| Filing 16 NOTICE: All Parties were directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 347, All Parties shall return the form within 7 days or face possible sanctions. Consent due by 9/14/2023 (jlh) |
| Filing 15 REPLY to Response to Motion re #7 MOTION to Remand and #14 RESPONSE in Opposition re 7 MOTION to Remand filed by Kenneth G Montgomery. (clw) |
| Filing 14 RESPONSE in Opposition re #7 MOTION to Remand (Defendant's Opposition) filed by KA Bulk Transport, LLC. (Karasik, Alex) |
| Filing 13 OBJECTION to #12 Motion to Dismiss for Failure to State a Claim by Kenneth G Montgomery. (clw) |
| Filing 12 MOTION to Dismiss for Failure to State a Claim and Accompanying Memo of Law in Support of Motion by KA Bulk Transport, LLC. (Karasik, Alex) |
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Filing 11
ORDER REFERRING CASE TO MEDIATION. Signed by Judge David W. Dugan on 8/22/2023. (dmw2)
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Filing 10
ORDER. Scheduling Conference set for 9/26/2023 at 3:30 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 9/19/2023 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 8/22/2023. (Attachments: #1 JROP)(dmw2)
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| Filing 9 CJRA TRACK B assigned: Final Pretrial Conference set for 10/10/2024 at 10:00 AM and Jury Trial set for 10/21/2024 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 8/22/2023. (dmw2) |
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Filing 8
ORDER regarding Plaintiff's Motion to Proceed In Forma Pauperis (Doc. 6) and Motion to Remand (Doc. 7). The Motion to Proceed In Forma Pauperis is deficient in that it contains no information related to Plaintiff's financial situation. See 28 U.S.C. 1915(a)(1). Accordingly, that Motion is DENIED without prejudice. The Court directs Plaintiff to its form Motion and Affidavit to Proceed in the District Court Without Prepaying Fees or Costs at https://www.ilsd.uscourts.gov/Forms.aspx. Further, in the Motion to Remand, Plaintiff purports to challenge the Court's diversity jurisdiction, indicating Chris Childs, who is listed in the caption of and otherwise referenced in the Complaint (Doc. 1-1), is a citizen of Illinois. Defendant KA Bulk Transport, LLC, is DIRECTED to file a Response to the Motion to Remand on or before September 5, 2023. Signed by Judge David W. Dugan on 8/21/2023. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION to Remand by Kenneth G Montgomery. (adh) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Kenneth G Montgomery. (adh) |
| Filing 5 NOTICE FROM CLERK Instructing Kenneth G. Montgomery and KA Bulk Transport, LLC 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 Kenneth G. Montgomery and KA Bulk Transport, LLC on 8/16/23. Consent due by 9/6/2023 (jlh) Modified on 8/16/2023 (jlh). |
| Filing 4 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 23-cv-02806-DWD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jlh) |
| Filing 3 NOTICE of Appearance by Alex W. Karasik on behalf of KA Bulk Transport, LLC (Karasik, Alex) |
| Filing 2 Federal Rule of Civil Procedure 7.1 Disclosure Statement by KA Bulk Transport, LLC. (Karasik, Alex) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court For The Third Judicial Circuit Madison County, Illinois, case number 2023LA000961 ( Filing fee $ 402 receipt number AILSDC-5161969), filed by KA Bulk Transport, LLC. (Attachments: #1 Exhibit A - To Notice of Removal, #2 Declaration in Support of Notice of Removal, #3 Civil Cover Sheet)(Karasik, Alex) |
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