Pruitt et al v. Franke et al
| Kenneth Pruitt and Vanessa Howell |
| Jerry G. Franke, Allied Waste Transportation Inc., Republic Services, Inc. doing business as Republic Services Group, Inc. and Sanders Waste Real Estate LLC |
| 3:2023cv02842 |
| August 17, 2023 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Motor Vehicle |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 ANSWER to Complaint First Amended by Allied Waste Transportation Inc..(O'Keefe, Donald) |
| Filing 27 ANSWER to Complaint First Amended by Jerry G. Franke.(O'Keefe, Donald) |
Filing 26
ORDER REFERRING CASE TO MEDIATION. Signed by Judge David W. Dugan on 9/27/2023. (dmw2)
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Filing 25
ORDER. Scheduling Conference set for 11/1/2023 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 10/25/2023 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 9/27/2023. (Attachments: #1 JROP)(dmw2)
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| Filing 24 CJRA TRACK B assigned: Final Pretrial Conference set for 11/7/2024 at 10:00 AM and Jury Trial set for 11/18/2024 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 9/27/2023. (dmw2) |
| Filing 23 AMENDED COMPLAINT FIRST against Republic Services, Inc., Sanders Waste Real Estate LLC, filed by All Plaintiffs.(Elkin, Brad) |
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Filing 22
ORDER regarding the Joint Stipulation of Dismissal Without Prejudice (Doc. #20 ), wherein Plaintiff Pruitt, Plaintiff Howell, Defendant Franke, and Defendant Allied Waste Transportation, Inc., jointly stipulate that this action and all claims stated herein against Republic Services, Inc. d/b/a Republic Services Group, Inc. and Sanders Waste Real Estate, LLC are hereby dismissed without prejudice, with each party to bear their own respective costs and fees. Based on this language, it appears that the Joint Stipulation does not relate to the entire action. Indeed, the Court notes that an Answer to the Complaint was filed on behalf of Defendant Allied Waste Transportation, Inc., on the same day that the parties filed the Joint Stipulation. The Seventh Circuit has made clear that the proper vehicle for adding or dropping individual parties or claims is an amended complaint under Federal Rule of Civil Procedure 15(a). See Fed. R. Civ. P. 15(a); Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015); accord Dr. Robert L. Meinders, D.C., Ltd. v. United Healthcare Servs., Inc., 7 F. 4th 555, 559 n. 4 (7th Cir. 2021) ([W]e again remind parties and district courts that Rule 15(a) is the better course for voluntarily dismissing individual parties or claims.). Based on these authorities, the Court FINDS the Joint Stipulation is ineffectual for purposes of voluntarily dismissing individual parties or claims in this case. However, the Court GRANTS Plaintiffs leave to file an Amended Complaint under Rule 15(a) on or before October 5, 2023.. Signed by Judge David W. Dugan on 9/15/2023. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 ANSWER to Complaint by Allied Waste Transportation Inc..(O'Keefe, Donald) |
| Filing 20 STIPULATION of Dismissal Without Prejudice - Sanders and Republic by Vanessa Howell, Kenneth Pruitt. (Elkin, Brad) |
| Filing 19 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 Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 3:23-CV-2842-DWD. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 18 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (O'Keefe, Donald) |
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Response. Response due 9/14/2023. Signed by Magistrate Judge Gilbert C. Sison on 8/28/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 Consent MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal,, to Plaintiffs' Complaint by Allied Waste Transportation Inc., Republic Services, Inc.. (O'Keefe, Donald) |
| Filing 15 NOTICE FROM CLERK Instructing Jerry G. Franke, Kenneth Pruitt and Vanessa Howell. 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 Jerry G. Franke, Kenneth Pruitt and Vanessa Howell. on 08/22/2023. Consent due by 9/12/2023 (kdw) |
| Filing 14 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Jerry G. Franke. (O'Keefe, Donald) |
| Filing 13 NOTICE of Appearance by Donald L. O'Keefe, Jr on behalf of Jerry G. Franke (O'Keefe, Donald) |
| Filing 12 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #6 Notice of Removal, filed by Allied Waste Transportation Inc., Republic Services, Inc., Jerry G. Franke. Document 6 stricken due to being a duplicate to Document 1. E-filer intended to add additional documents and those are now on file. Document 6 removed from the docket due to containing personal editing comments to the document. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 Letter to Attorney Brad Elkin regarding admission to SDIL. (jlh) |
| Filing 10 EXHIBIT by Allied Waste Transportation Inc., Jerry G. Franke, Republic Services, Inc., Sanders Waste Real Estate LLC. Exhibit to #1 Notice of Removal, . (O'Keefe, Donald) |
| Filing 9 CONSENT to Removal byJerry G. Franke. (O'Keefe, Donald) |
| Filing 8 NOTICE OF MODIFICATION re #1 Notice of Removal, filed by Allied Waste Transportation Inc., Republic Services, Inc., Jerry G. Franke. Counsel failed to add all parties in CM/ECF upon filing and therefore the docket text is incomplete. Clerk's office to modify docket text accordingly. No further action is required by the filer in relation to this notification. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison 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: Allied Waste Transportation Inc., Jerry G. Franke, Republic Services, Inc.. 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-cv-02842-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 9/8/2023 (jlh) |
| Filing 6 STRICKEN - NOTICE OF REMOVAL from Madison County, case number 23LA000989, filed by Republic Services Group Inc., Allied Waste Transportation Inc., Jerry G. Franke, Republic Services Inc. d/b/a. (Attachments: #1 State Complaint, #2 Answer)(O'Keefe, Donald) Modified on 8/22/2023 (jlh). |
| Filing 5 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Republic Services Inc. d/b/a. (O'Keefe, Donald) |
| Filing 4 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Allied Waste Transportation Inc. identifying Corporate Parent Allied Waste North America, Inc. for Allied Waste Transportation Inc.. (O'Keefe, Donald) |
| Filing 3 NOTICE of Appearance by Donald L. O'Keefe, Jr on behalf of Republic Services Group Inc., Republic Services Inc. d/b/a (O'Keefe, Donald) |
| Filing 2 NOTICE of Appearance by Donald L. O'Keefe, Jr on behalf of Allied Waste Transportation Inc. (Attachments: #1 Civil Cover Sheet)(O'Keefe, Donald) |
| Filing 1 NOTICE OF REMOVAL from Madison County, case number 23LA000989 ( Filing fee $ 402 receipt number AILSDC-5164334), filed by Allied Waste Transportation Inc., Jerry G. Franke, Republic Services Inc. d/b/a Republic Services Group, Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(O'Keefe, Donald) Modified on 8/18/2023 (jlh). (Main Document 1 replaced on 8/23/2023) (jlrr). |
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