Enable Mississippi River Transmission v. Leskera Family Farm Revocable Trust
| Enable Mississippi River Transmission |
| Leskera Family Farm Revocable Trust, Metro East Sanitary District, Unknown Owners, Norfolk Southern Railway Company, Gateway Commerce Center Development Company, Inc., Heartlands Conservancy, an Illinois not-for-profit corporation and City of Edwardsville |
| 3:2023cv03317 |
| October 9, 2023 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Condemnation |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
Docket Report
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This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 74 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order Nos. 347 and 367, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge J. Phil Gilbert for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 3:23-cv-3317-JPG. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 73 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Groble, Raymond) |
| Filing 72 Second MOTION for Extension of Time to File Answer re #10 Complaint, by Consent by Norfolk Southern Railway Company. (Groble, Raymond) |
Filing 71
ORDER granting #70 Motion for Extension of Time to Answer. The Court ALLOWS Gateway Commerce Center Development Company, Inc. up to and including December 22, 2023 to respond to the complaint. Signed by Magistrate Judge Gilbert C. Sison on 12/6/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 70 Third MOTION for Extension of Time to File Answer re #10 Complaint, by Consent by Gateway Commerce Center Development Company, Inc.. (Sonderegger, Paul) |
| Filing 69 NOTICE: Norfolk Southern Railway Company 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 Nos. 347 and 367, Norfolk Southern Railway Company shall return the form within 7 days or face possible sanctions. Consent due by 12/6/2023 (adh) |
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Filing 68
ORDER granting #61 Motion to Dismiss and DISMISSING Heartlands Conservancy from Count VI of the Eminent Domain Complaint pursuant to Federal Rule of Civil Procedure 71.1(i)(2). The Clerk of Court is directed to enter judgment accordingly at the close of the case. This order having disposed of the referred motion, the referral is terminated. Signed by Judge J. Phil Gilbert on 11/20/2023. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 67 NOTICE ASSIGNING DISTRICT JUDGE FOR ENTRY OF AN ORDER: A Motion and/or Report and Recommendation requiring consideration by a district judge has been filed. Accordingly, at the request of the assigned Magistrate Judge, Senior District Judge J. Phil Gilbert is assigned for entry of an order regarding #61 Joint MOTION to Dismiss Heartlands Conservancy from Count VI pursuant to FRCP 71.1(i)(1)(C). (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 66 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Sonderegger, Paul) |
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Filing 65
ORDER granting #63 Motion for Extension of Time to File Response. The Court ALLOWS Gateway Commerce Center Development Company, Inc. up to and including December 6, 2023 to respond to the complaint. Signed by Magistrate Judge Gilbert C. Sison on 11/17/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 64 NOTICE of Appearance by Matthew J. Hammer on behalf of Norfolk Southern Railway Company (Hammer, Matthew) |
| Filing 63 Second MOTION for Extension of Time to File Response/Reply as to #10 Complaint, by Consent by Gateway Commerce Center Development Company, Inc.. (Sonderegger, Paul) |
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Filing 62
ORDER - This case has been assigned to the undersigned Magistrate Judge pursuant to Administrative Order 347. Not all parties have had the opportunity to consent to magistrate judge jurisdiction, and Plaintiff and The Heartlands Conservancy filed #61 a joint motion to dismiss The Heartlands Conservancy from Count VI pursuant to FRCP 71.1(i)(1)(C) requiring the immediate attention of a District Judge. Accordingly, the Clerk of the Court is DIRECTED to refer to a District Judge that motion #61 . Signed by Magistrate Judge Gilbert C. Sison on 11/16/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 61 Joint MOTION to Dismiss Heartlands Conservancy from Count VI pursuant to FRCP 71.1(i)(1)(C) by Enable Mississippi River Transmission. (Petrilli, Lisa) |
| Filing 60 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wargo, James) |
| Filing 59 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Leskera, John) |
| Filing 58 NOTICE FROM CLERK Instructing Metro East Sanitary District 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 Metro East Sanitary District on 11/8/23. Consent due by 11/29/2023 (adh) |
| Filing 57 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Petrilli, Lisa) |
| Filing 56 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 50 Notice (Other) filed by Enable Mississippi River Transmission. Incorrect event selected. Select the event which most closely matches the document being filed. For this document, the correct event is "Consent/non-Consent to U.S. Magistrate Judge. E-filer is instructed to re-file using Civil>Other Filings>Other Document>Consent/Non-Consent to U.S. Magistrate Judge in order to properly respond to the deadline.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 55 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 49 Notice (Other) filed by Leskera Family Farm Revocable Trust.. Incorrect event selected. Select the event which most closely matches the document being filed. For this document, the correct event is "Consent/non-Consent to U.S. Magistrate Judge. E-filer is instructed to re-file using Civil>Other Filings>Other Document>Consent/Non-Consent to U.S. Magistrate Judge in order to properly respond to the deadline. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 54
ORDER granting #53 Motion for Extension of Time to Answer. The Court ALLOWS Metro East Sanitary District up to and including November 29, 2023 to respond to the complaint. Signed by Magistrate Judge Gilbert C. Sison on 11/8/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 53 MOTION for Extension of Time to File Answer re #10 Complaint, by Metro East Sanitary District. (Wargo, James) |
| Filing 52 NOTICE of Appearance by James Gerard Wargo on behalf of Metro East Sanitary District (Wargo, James) |
| Filing 51 NOTICE of Appearance by Brian M Funk on behalf of Metro East Sanitary District (Funk, Brian) |
| Filing 48 NOTICE FROM CLERK Instructing Leskera Family Farm Revocable Trust 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 Leskera Family Farm Revocable Trust on 11/7/23. Consent due by 11/28/2023 (adh) |
| Filing 47 NOTICE of Appearance by John H. Leskera on behalf of Leskera Family Farm Revocable Trust (Leskera, John) |
| Filing 46 Defendant Leskera Family Farm Revocable Trust's ANSWER to #10 Complaint, by Leskera Family Farm Revocable Trust.(Leskera, John) |
| Filing 45 NOTICE FROM CLERK Instructing Gateway Commerce Center Development Company, Inc. 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 Gateway Commerce Center Development Company, Inc. on 11/6/23. Consent due by 11/27/2023 (adh) |
| Filing 44 NOTICE FROM CLERK Instructing Heartlands Conservancy, an Illinois not-for-profit corporation 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 Heartlands Conservancy, an Illinois not-for-profit corporation on 11/6/23. Consent due by 11/27/2023 (adh) |
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Filing 43
ORDER granting #36 Motion for Extension of Time to Answer. The Court ALLOWS Norfolk Southern Railway Company up to and including December 6, 2023 to respond to the complaint. Signed by Magistrate Judge Gilbert C. Sison on 11/3/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 42
ORDER granting #39 Motion for Extension of Time. The Court ALLOWS Heartlands Conservancy up to and including November 21, 2023 to respond to the complaint. Signed by Magistrate Judge Gilbert C. Sison on 11/3/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 41 NOTICE FROM CLERK Instructing Norfolk Southern Railway Company 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 Norfolk Southern Railway Company on 11/3/23. Consent due by 11/27/2023 (adh) |
| Filing 40 NOTICE of Appearance by Dawn A. Sallerson on behalf of Heartlands Conservancy, an Illinois not-for-profit corporation (Sallerson, Dawn) |
| Filing 39 Consent MOTION for Extension of Time by Heartlands Conservancy, an Illinois not-for-profit corporation. (Juilfs, Thaddeus) |
| Filing 38 NOTICE of Appearance by Thaddeus William Juilfs on behalf of Heartlands Conservancy, an Illinois not-for-profit corporation (Juilfs, Thaddeus) |
| Filing 37 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Norfolk Southern Railway Company identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company. (Groble, Raymond) |
| Filing 36 MOTION for Extension of Time to File Answer re #10 Complaint, by Norfolk Southern Railway Company. (Groble, Raymond) |
| Filing 35 NOTICE of Appearance by Raymond H. Groble, III on behalf of Norfolk Southern Railway Company (Groble, Raymond) |
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Filing 34
ORDER granting #33 Motion for Extension of Time to Answer. The Court ALLOWS Gateway Commerce Center Development Company, Inc. up to and including November 20, 2023 to answer. Signed by Magistrate Judge Gilbert C. Sison on 11/3/2023. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 33 Consent MOTION for Extension of Time to File Answer re #10 Complaint, by Gateway Commerce Center Development Company, Inc.. (Sonderegger, Paul) |
| Filing 32 NOTICE of Appearance by Paul T. Sonderegger on behalf of Gateway Commerce Center Development Company, Inc. (Sonderegger, Paul) |
| Filing 31 NOTICE: Enable Mississippi River Transmission 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, Enable Mississippi River Transmission shall return the form within 7 days or face possible sanctions. Consent due by 11/8/2023 (adh) |
| Filing 30 RETURN OF SERVICE EXECUTED by Enable Mississippi River Transmission on 10/17/2023. (Petrilli, Lisa) |
| Filing 29 RETURN OF SERVICE EXECUTED by Enable Mississippi River Transmission on 10/17/2023. (Petrilli, Lisa) |
| Filing 28 RETURN OF SERVICE EXECUTED by Enable Mississippi River Transmission on 10/18/2023. (Petrilli, Lisa) |
| Filing 27 RETURN OF SERVICE EXECUTED by Enable Mississippi River Transmission on 10/16/2023. (Petrilli, Lisa) |
| Filing 26 RETURN OF SERVICE EXECUTED by Enable Mississippi River Transmission on 10/16/2023. (Petrilli, Lisa) |
| Filing 25 RETURN OF SERVICE EXECUTED by Enable Mississippi River Transmission on 10/18/2023. (Petrilli, Lisa) |
| Filing 24 NOTICE by Enable Mississippi River Transmission Certification for Service by Publication (Petrilli, Lisa) |
| Filing 23 NOTICE OF MODIFICATION Party names entered incorrectly; modified by Clerk. No further action is required by the filer in relation to this notification. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 22 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 21 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 20 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 19 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 18 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 17 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 16 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 15 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 14 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 13 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 12 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 11 NOTICE by Enable Mississippi River Transmission of Commencement of Condemnation Action (Petrilli, Lisa) |
| Filing 10 COMPLAINT for Condemnation of Pipeline Easements against All Defendants, filed by Enable Mississippi River Transmission. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10)(Petrilli, Lisa) |
| Filing 9 NOTICE of Appearance by Lisa A. Petrilli on behalf of Enable Mississippi River Transmission (Petrilli, Lisa) |
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Filing 8
ORDER Granting #5 MOTION to Appear Pro Hac Vice by Attorney Lisa A. Petrilli on behalf of Enable Mississippi River Transmission.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| 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: Enable Mississippi River Transmission. 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-3317-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 10/31/2023 (adh) |
| Filing 6 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #1 Complaint, filed by Enable Mississippi River Transmission. Parties entered incorrectly. Counsel is instructed to refile and include all named parties.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 5 MOTION to Appear Pro Hac Vice by Attorney Lisa A. Petrilli $200 fee paid,receipt number AILSDC-5205325 by on behalf of Enable Mississippi River Transmission. (Petrilli, Lisa) |
| Filing 4 EXHIBIT by Enable Mississippi River Transmission. Exhibit to #1 Complaint, . (Laudeman, Kirk) |
| Filing 3 EXHIBIT by Enable Mississippi River Transmission. Exhibit to #1 Complaint, . (Laudeman, Kirk) |
| Filing 2 NOTICE of Appearance by Kirk W. Laudeman on behalf of Enable Mississippi River Transmission (Laudeman, Kirk) |
| Filing 1 STRICKEN COMPLAINT against Leskera Family Farm Revocable Trust, filed by Enable Mississippi River Transmission. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Laudeman, Kirk) |
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