Johnson v. Mac's Convenience Stores LLC
Plaintiff: Cleo Daisy Johnson
Defendant: Mac's Convenience Stores LLC
Case Number: 3:2023cv03305
Filed: October 6, 2023
Court: US District Court for the Southern District of Illinois
Presiding Judge: Gilbert C Sison
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446 Petition for Removal- Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 18, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 18, 2023 Opinion or Order Filing 22 ORDER denying #10 Motion to Remand. Signed by Magistrate Judge Gilbert C. Sison on 12/18/2023. (klh)
December 5, 2023 Filing 21 NOTICE of Hearing: Scheduling Conference set for 1/25/2024 at 10:00 AM before Magistrate Judge Gilbert C. Sison. Instructions for joining the conference call are as follows: Call toll free 1-888-273-3658; when prompted enter Access code 5699758; when prompted enter the four digit Security Code: 3305. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 5, 2023 Filing 20 NOTICE OF CANCELLATION of Hearing: In light of the parties failure to submit the required Joint Report of Parties and Proposed Scheduling and Discovery Order, The Scheduling Conference scheduled for 12/5/2023 at 01:00 PM before Magistrate Judge Gilbert C. Sison is Cancelled. The scheduling conference will be reset by separate notice. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 28, 2023 Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss and for Sanctions filed by Mac's Convenience Stores LLC. (Eschbach, Natalie)
November 28, 2023 Filing 18 MOTION to Dismiss and for Sanctions by Mac's Convenience Stores LLC. (Eschbach, Natalie)
November 28, 2023 Filing 17 RESPONSE to Motion re #10 First MOTION to Remand filed by Mac's Convenience Stores LLC. (Attachments: #1 Exhibit Ex. A - State Court Docket Case No. 2021 L 000176, #2 Exhibit Ex. B - Third-Party Complaint, #3 Exhibit Ex. C - Mac's Requests to Admit to Plaintiff, #4 Exhibit Ex. D - Mac's Motion to Deem Facts Admitted, #5 Exhibit Ex. E - April 27, 2023 Order, #6 Exhibit Ex. F - Ex Parte Order, #7 Exhibit Ex. G - Paul Ruscheinski Affidavit, #8 Exhibit Ex. H - State Court Docket Case No. 2023 LA 001490)(Eschbach, Natalie)
November 6, 2023 Opinion or Order Filing 16 ORDER : Telephonic Scheduling Conference set for 12/5/2023 at 01:00 PM before Magistrate Judge Gilbert C. Sison. Instructions for joining the conference call are as follows: Call toll free 1-888-273-3658; when prompted enter Access code 5699758; when prompted enter the four digit Security Code: 3305. Signed by Magistrate Judge Gilbert C. Sison on 11/6/2023. (cds)
November 6, 2023 Opinion or Order Filing 15 Mandatory Mediation Referral Order. Signed by Magistrate Judge Gilbert C. Sison on 11/6/2023. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 6, 2023 Filing 14 CJRA TRACK B assigned: Final Pretrial Conference set for 11/12/2024 at 11:00 AM and Presumptive Trial Month December 2024 both in the East St. Louis Courthouse before Magistrate Judge Gilbert C. Sison. Signed by Magistrate Judge Gilbert C. Sison on 11/6/2023. (cds)
November 2, 2023 Filing 13 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Gilbert C. Sison 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-3305-GCS. 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.
November 1, 2023 Filing 12 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Mutrux, R.) Unsealed on 11/2/2023 (aza).
November 1, 2023 Filing 11 NOTICE: Cleo Daisy Johnson was 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, Cleo Daisy Johnson shall return the form within 7 days or face possible sanctions. Consent due by 11/8/2023 (aza)
October 30, 2023 Filing 10 First MOTION to Remand by Cleo Daisy Johnson. (Attachments: #1 Exhibit Exhibit 1 - Original Complaint for Damages, #2 Exhibit Exhibit 2 - Affidavit of Service on Macs Convenience Stores, #3 Exhibit Exhibit 3 - Amended Complaint for Damage, #4 Exhibit Exhibit 4 - Defendant's Answer, #5 Exhibit Exhibit 5 - Plaintiff's Voluntary Dismissal, #6 Exhibit Exhibit 6 - Refiled Complaint in Old Case Number, #7 Exhibit Exhibit 7 - Cleo Johnson - Withdrawing Complaint, #8 Exhibit Exhibit 8 - Complaint for Damages - file stamped, #9 Exhibit Exhibit 9 - Filing Confirmation)(Mutrux, Tyson)
October 18, 2023 Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Eschbach, Natalie)
October 18, 2023 Filing 8 NOTICE of Appearance by Natalie Eschbach on behalf of Mac's Convenience Stores LLC (Eschbach, Natalie)
October 10, 2023 Filing 7 NOTICE OF MODIFICATION re #3 Notice (Other) filed by Mac's Convenience Stores LLC. Select the event that most closely matches the document being filed. For this document, the correct event is "EXHIBIT" under the heading "Other Filings/ Exhibit". Docket text modified to reflect the correct document. No further action required by the filer in relation to this notification. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 10, 2023 Filing 6 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: 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-3305-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 10/31/2023 (adh)
October 6, 2023 Filing 5 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Mac's Convenience Stores LLC identifying Other Affiliate Alimentation Couche-Tard, Inc. for Mac's Convenience Stores LLC. (Ruscheinski, Paul)
October 6, 2023 Filing 4 ANSWER to Complaint by Mac's Convenience Stores LLC.(Ruscheinski, Paul)
October 6, 2023 Filing 3 EXHIBIT by Mac's Convenience Stores LLC re #1 Notice of Removal, Civil Cover Sheet (Ruscheinski, Paul) Modified on 10/10/2023 (tkm).
October 6, 2023 Filing 2 NOTICE of Appearance by Paul Ruscheinski on behalf of Mac's Convenience Stores LLC (Ruscheinski, Paul)
October 6, 2023 Filing 1 NOTICE OF REMOVAL from Circuit Court of Madison County, IL, case number 2021-L-000176 ( Filing fee $ 402 receipt number AILSDC-5204414), filed by Mac's Convenience Stores LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ruscheinski, Paul)

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Plaintiff: Cleo Daisy Johnson
Represented By: R. Tyson Mutrux
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Defendant: Mac's Convenience Stores LLC
Represented By: Paul Ruscheinski
Represented By: Natalie Eschbach
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