Mayhew et al v. Candid Color Systems, Inc et al
| Spencer Mayhew, Ashley Reichert and Rosalie Noren |
| Candid Color Systems, Inc., TSS Photography, LLC, TSS Photography of Salem, IL and Kabance Photo Services, Inc. |
| 3:2023cv02964 |
| August 30, 2023 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| David W Dugan |
| P.I.: Other |
| 28 U.S.C. § 1446 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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Filing 27
SCHEDULING AND DISCOVERY ORDER. Motion for Class Certification due by 1/6/2025. Signed by Judge David W. Dugan on 10/25/2023. (Attachments: #1 JROP)(dmw2)
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Filing 26
ORDER. The Court adopts the Joint Report of the Parties, as modified. The parties are ADVISED that the JROP was modified to delete the arguments pertaining to a stay of discovery. If the parties wish to bring that issue to the Court's attention, then, consistent with the Federal Rules of Civil Procedure, the Local Rules, and the Court's Case Management Procedures, they must fully brief the matter by filing a motion and response, respectively. The Scheduling Conference set for 10/31/2023 is CANCELLED. Signed by Judge David W. Dugan on 10/25/2023. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 25
ORDER regarding the Unopposed Motion for an Extension of Time to Answer or Otherwise Plead (Doc. 24) of Defendant, Candid Color Systems, Inc. The Unopposed Motion informs the Court that Defendant is investigating the allegations, including those related to a new Plaintiff, in the First Amended Complaint. Additional time is necessary to complete that investigation. Plaintiffs do not object. Accordingly, the Motion is GRANTED. Defendant, Candid Color Systems, Inc., is DIRECTED to answer or otherwise respond to the First Amended Complaint on or before November 1, 2023. Signed by Judge David W. Dugan on 10/13/2023. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 24 MOTION for Extension of Time to File Answer or Otherwise Plead (UNOPPOSED) by Candid Color Systems, Inc.. (Maatman, Gerald) |
| Filing 23 Summons Issued as to Kabance Photo Services, Inc. Original sent to counsel for service. (clw) |
| Filing 22 Summons Requested. (Driscoll, John) |
| Filing 21 AMENDED COMPLAINT against Candid Color Systems, Inc., Kabance Photo Services, Inc., filed by Spencer Mayhew, Rosalie Noren.(Driscoll, John) |
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Filing 20
ORDER. Scheduling Conference set for 10/31/2023 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 10/24/2023 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 19 CJRA TRACK D assigned: Final Pretrial Conference set for 9/11/2025 at 10:00 AM and Bench Trial set for 9/22/2025 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 18 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 Mark A. Beatty no longer assigned to the case. All future documents must bear case number 3:23-CV-2964-DWD. (clw)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. (Farley, William) |
| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Maatman, Gerald) |
| Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Limoli, Matthew) |
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Filing 14
ORDER GRANTING #12 First Motion for Extension of Time to File Answer by Defendant TSS Photography of Salem, IL. For all Defendants, the deadline to answer or otherwise plead is now October 6, 2023. Signed by Magistrate Judge Mark A. Beatty on 9/6/2023. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 Federal Rule of Civil Procedure 7.1 Disclosure Statement by TSS Photography of Salem, IL identifying Other Affiliate TSS Photography, LLC for TSS Photography of Salem, IL. (Farley, William) |
| Filing 12 First MOTION for Extension of Time to File Answer Unopposed Motion For Extension of Time to File Answer or Otherwise Plead by TSS Photography of Salem, IL. (Farley, William) |
| Filing 11 NOTICE of Appearance by Matthew Joseph Limoli on behalf of Spencer Mayhew, Ashley Reichert (Limoli, Matthew) |
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Filing 10
ORDER GRANTING #8 Motion for Extension of Time. Although the Defendants' motion indicates that Plaintiffs object to Defendants' request for an extension of time, a review of the motion and supporting exhibits reveals that Plaintiffs' objection is predicated on Plaintiffs' belief that removal was improper. Accordingly, the Court need not wait for a formal response from Plaintiffs and expects that these objections will be raised in a motion to remand in the near future. Defendants' request #8 is GRANTED and their responsive pleading is due by October 6, 2023. Signed by Magistrate Judge Mark A. Beatty on 9/1/2023. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 NOTICE of Appearance by William F. Farley on behalf of TSS Photography of Salem, IL (Farley, William) |
| Filing 8 MOTION for Extension of Time to File Answer or Otherwise Plead by Candid Color Systems, Inc., TSS Photography, LLC. (Attachments: #1 Exhibit A - 8/29/23 Email Exchange)(Maatman, Gerald) |
| Filing 7 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: 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 3:23-CV-2964-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 9/20/2023 (clw) |
| Filing 6 Notice of Judge Assignment. Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 3:23-CV-2964-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (clw) |
| Filing 5 Federal Rule of Civil Procedure 7.1 Disclosure Statement by CANDID COLOR SYSTEMS, INC, TSS PHOTOGRAPHY, LLC. (Maatman, Gerald) |
| Filing 4 NOTICE of Appearance by Tyler Zachary Zmick on behalf of CANDID COLOR SYSTEMS, INC, TSS PHOTOGRAPHY, LLC (Zmick, Tyler) |
| Filing 3 NOTICE of Appearance by Jennifer A. Riley on behalf of CANDID COLOR SYSTEMS, INC, TSS PHOTOGRAPHY, LLC (Riley, Jennifer) |
| Filing 2 NOTICE of Appearance by Gerald L Maatman, Jr on behalf of CANDID COLOR SYSTEMS, INC, TSS PHOTOGRAPHY, LLC (Maatman, Gerald) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court For The 20th Judicial Circuit St. Clair County, IL, case number 23-LA-0826, filed by TSS PHOTOGRAPHY, LLC, TSS PHOTOGRAPHY OF SALEM, IL, CANDID COLOR SYSTEMS, INC. (Attachments: #1 Exhibit A - Candid Color Service Packet, #2 Exhibit B - TSS Service Packet, #3 Exhibit C - E-Docket in State Court as of 8/29/23 St. Clair County, #4 Civil Cover Sheet)(Maatman, Gerald) |
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