Spyksma v. Legacy Motorcycle Company LLC et al
| Charlie Spyksma |
| Legacy Motorcycle Company LLC d/b/a Legacy Recreational Vehicles and Stealth Enterprises LLC d/b/a Stealth Trailers LLC |
| 3:2023cv02904 |
| August 23, 2023 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.
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Filing 24
ORDER: On or before October 20, 2023, Defendants shall file their Disclosure Statements pursuant to Federal Rule of Civil Procedure 7.1(a)(2). This Court has made a Rule 7.1 disclosure statement form available on its website. Signed by Magistrate Judge Reona J. Daly on 10/16/2023. (atp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 23
ORDER Granting #18 MOTION for Extension of Time to File Answer re #1 Complaint. Defendants shall answer or otherwise respond to Plaintiff's complaint on or before 10/31/2023. Signed by Magistrate Judge Reona J. Daly on 10/16/2023. (atp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 22 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Stealth Enterprises LLC identifying Corporate Parent Stealth Enterprises LLC for Stealth Enterprises LLC. (Champlin, Matthew) |
| Filing 21 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Legacy Motorcycle Company LLC identifying Corporate Parent Legacy Motorcycle Company LLC for Legacy Motorcycle Company LLC. (Champlin, Matthew) |
| Filing 20 NOTICE OF ACTION re #17 Notice of Appearance filed by Stealth Enterprises LLC, Legacy Motorcycle Company LLC, #16 Notice of Appearance filed by Stealth Enterprises LLC, Legacy Motorcycle Company LLC. 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. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 19 NOTICE FROM CLERK Instructing Legacy Motorcycle Company LLC and Stealth Enterprises 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 Legacy Motorcycle Company LLC and Stealth Enterprises LLC on 10/13/2023. Consent due by 11/3/2023 (clw) |
| Filing 18 MOTION for Extension of Time to File Answer re #1 Complaint, Agreed by Legacy Motorcycle Company LLC, Stealth Enterprises LLC. (Champlin, Matthew) |
| Filing 17 NOTICE of Appearance by Matthew B. Champlin on behalf of Legacy Motorcycle Company LLC, Stealth Enterprises LLC (Champlin, Matthew) |
| Filing 16 NOTICE of Appearance by Troy A. Bozarth on behalf of Legacy Motorcycle Company LLC, Stealth Enterprises LLC (Bozarth, Troy) |
| Filing 15 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #14 Notice of Appearance filed by Stealth Enterprises LLC, Legacy Motorcycle Company LLC. Per telephone call from Attorney's Office, entry stricken as it contained an incorrect case number. Document to be refiled with correct case number. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 ENTRY STRICKEN - NOTICE of Appearance by Troy A. Bozarth on behalf of Legacy Motorcycle Company LLC, Stealth Enterprises LLC (Bozarth, Troy) Modified on 10/13/2023 (jaj). |
| Filing 13 NOTICE OF MODIFICATION re 12 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Charlie Spyksma. This document was filed under the incorrect event. This document should be filed under CIVIL/OTHER DOCUMENTS event as a sealed document. The Clerk's Office has modified the entry to the correct event. No further action is required by the filer in relation to this notification. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 Federal Rule of Civil Procedure 7.1 Disclosure Statement by All Plaintiffs. (DiTommaso, Vincent) |
| Filing 10 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #9 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Charlie Spyksma. Electronic signature omitted. See Section 2.0: page 2.1 of Users Manual. E-filer is instructed to re-file documents. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 STRICKEN - Federal Rule of Civil Procedure 7.1 Disclosure Statement by Charlie Spyksma. (DiTommaso, Vincent) Modified on 8/31/2023 (clw). |
| Filing 8 NOTICE OF ACTION re #1 Complaint, 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. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 Letter to Attorney DiTommaso Regarding Admissions (clw) |
| Filing 6 NOTICE OF ACTION re #1 Complaint, #3 Motion to Amend/Correct filed by Charlie Spyksma. In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney DiTommaso does not have a Notice of Appearance on file in this case. (clw) |
| Filing 5 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 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: Charlie Spyksma. 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-2904-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 9/13/2023 (clw) |
| Filing 4 Case transferred in from District of Illinois Central; Case Number 1:23-cv-01304. Original file of transfer order and docket sheet received. |
| Case was electronically submitted to the Western District of Wisconsin. (AH) [Transferred from Illinois Central on 8/23/2023.] |
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TEXT ONLY ORDER: Plaintiff has filed a Motion #3 to Amend Complaint and Transfer This Case to the Southern District of Illinois. The Court entered an Order #2 dismissing Plaintiff's original Complaint #1 as it invoked the Court's diversity jurisdiction but lacked the citizenship information of the Defendant LLCs; it additionally failed to indicate why venue was appropriate in the Peoria Division of the Central District of Illinois. Plaintiff's Amended Complaint adequately invokes this Court's diversity jurisdiction by identifying the citizenship of the members of the Defendant LLCs, so the case falls within the Court's subject matter jurisdiction. Plaintiff has recognized, however, that venue for this case is not proper in the Central District. Venue for this case is governed by 28 U.S.C. 1931(b) which provides that actions may be brought only in (1) the judicial district where any defendant resides (if all defendants reside in the same state), (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. Plaintiff states that the transaction at issue took place in Effingham, Illinois, which lies within the jurisdiction of the Federal Court of the Southern District of Illinois, and so asks for this case to be transferred. Plaintiff's Motion #3 is GRANTED. It is therefore ordered that this action is transferred to the United States District Court for the Southern District of Illinois, pursuant to 28 U.S.C. 1404(a). Entered by Judge James E. Shadid on 8/22/2023. (AH) [Transferred from Illinois Central on 8/23/2023.]
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| Filing 3 First MOTION to Amend/Correct COMPLAINT by Plaintiff Charlie Spyksma. Responses due by 9/5/2023 (Attachments: #1 Exhibit First Amended Complaint)(DiTommaso, Vincent) [Transferred from Illinois Central on 8/23/2023.] |
| Set Deadlines/Hearings: Amended Pleadings due by 9/1/2023. (VH) [Transferred from Illinois Central on 8/23/2023.] |
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Filing 2
ORDER re subject matter jurisdiction. Entered by Magistrate Judge Jonathan E. Hawley on 8/17/2023. (KZ) [Transferred from Illinois Central on 8/23/2023.]
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| Filing 1 COMPLAINT against Charlie Spyksma, Charlie Spyksma ( Filing fee $ 402 receipt number AILCDC-4275977.), filed by Charlie Spyksma.(DiTommaso, Vincent) (Additional attachment(s) added on 8/17/2023: #1 Civil Cover Sheet, #2 Exhibit) (AH). [Transferred from Illinois Central on 8/23/2023.] |
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