Lewis v. LKQ Corporation
| David Lewis |
| LKQ Corporation d/b/a LKQ Pick Your Part St. Louis |
| 3:2024cv00097 |
| January 12, 2024 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on April 3, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 REPLY in Support of His Motion For Remand and For Costs and Expenses Pursuant to 28 U.S.C. Section 1447(c) filed by David Lewis. (Attachments: #1 Exhibit 11 - Annual Report)(Laquet, Andrew) |
| Filing 21 RESPONSE in Opposition re #11 MOTION to Remand to State Court and For Costs and Expenses Pursuant to 28 U.S.C. Section 1447(c) filed by LKQ Corporation. (Attachments: #1 Exhibit A (Declaration of Graham Austin))(Keck, Jason) |
Filing 20
ORDER GRANTING the motion to withdraw (Doc. #17 ) the previous motion to amend/correct (Doc. #15 ). The Defendant's first motion to amend/correct (Doc. #15 ) is hereby considered WITHDRAWN. The Court previously granted an extension of time to respond (Doc. #13 ). The motion for extension asked to stay the deadline to respond to the complaint until after the Court had come to a decision on the motion to remand (Doc. #11 ). As the deadline to respond was quickly approaching, the Court granted an extension to respond to the complaint, but did not decide on whether the deadline to respond should be stayed until after the Court decides the motion to remand. The Federal Rules of Civil Procedure do not contemplate a motion to stay time to respond, however, given the motion is unopposed and the matter of remand is a threshold issue, the Court GRANTS the revised motion to amend/correct (Doc. #16 ). The proceedings and all deadlines are hereby STAYED until the Court decides on the motion to remand. If the Court denies the motion to remand, the Defendant shall have fourteen (14) days from the issuance of the Court's order to respond to the Plaintiff's complaint. Signed by Judge J. Phil Gilbert on 2/7/2024. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order Nos. 347 and 367, this case will remain with the assigned District Judge J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (adh)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. (Keck, Jason) |
| Filing 17 MOTION to Withdraw #15 MOTION to Amend/Correct 14 Order on Motion for Extension of Time to Answer, Unopposed by LKQ Corporation. (Keck, Jason) |
| Filing 16 MOTION to Amend/Correct 14 Order on Motion for Extension of Time to Answer, (corrected) (unopposed) by LKQ Corporation. (Keck, Jason) |
| Filing 15 MOTION to Amend/Correct 14 Order on Motion for Extension of Time to Answer, Unopposed by LKQ Corporation. (Keck, Jason) |
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Filing 14
ORDER granting #13 Motion for Extension of Time to Answer re #13 MOTION for Extension of Time to File Answer re #1 Notice of Removal, Unopposed. The Defendant will have additional fourteen days to respond to the Complaint. The Defendant shall file a response no later than February 12, 2024. Signed by Judge J. Phil Gilbert on 1/26/2024. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 MOTION for Extension of Time to File Answer re #1 Notice of Removal, Unopposed by LKQ Corporation. (Keck, Jason) |
| Filing 12 NOTICE of Appearance by Ted L. Perryman on behalf of David Lewis (Perryman, Ted) |
| Filing 11 MOTION to Remand to State Court and For Costs and Expenses Pursuant to 28 U.S.C. Section 1447(c) by David Lewis. (Attachments: #1 Exhibit 1 - Form 10-Q, #2 Exhibit 2 - Thrasher Complaint, #3 Exhibit 3 - Fengler Complaint, #4 Exhibit 4 - GM Complaint, #5 Exhibit 5 - Skipper Complaint, #6 Exhibit 6 - Carpenter Complaint, #7 Exhibit 7 - Berkshire Complaint, #8 Exhibit 8 - SOS Filing, #9 Exhibit 9 - Form 8-K, #10 Exhibit 10 - Annual Report)(Laquet, Andrew) |
| Filing 10 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 8 Notice of Action,,. Entered in error. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 9
ORDER granting #7 Motion for Extension of Time to Answer re #7 MOTION for Extension of Time to File Answer re #1 Notice of Removal, Unopposed. The Defendant's request for an extension is granted. The Defendant shall have until January 29, 2024, to file their answer. Signed by Judge J. Phil Gilbert on 1/18/2024. (kdb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 STRICKEN NOTICE OF ACTION re #7 Motion for Extension of Time to File Answer filed by LKQ Corporation. See Local Rule 83.1(g). In all cases filed in, removed, or transferred into this Court, the attorney filing the initiating document need not file a separate entry of appearance. Once the initiating document is filed, any attorney other than the one who filed the initiating document must file a separate entry of appearance before filing a document or appearing before the Court. Attorney Keck does not have a Notice of Appearance on file in this case. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 MOTION for Extension of Time to File Answer re #1 Notice of Removal, Unopposed by LKQ Corporation. (Keck, Jason) |
| Filing 6 NOTICE of Appearance by Shane Stover on behalf of LKQ Corporation (Stover, Shane) |
| Filing 5 NOTICE of Appearance by Craig R. Annunziata on behalf of LKQ Corporation (Annunziata, Craig) |
| Filing 4 NOTICE FROM CLERK Instructing LKQ Corporation to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, 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 LKQ Corporation on 1/16/24. Consent due by 2/6/2024 (adh) |
| Filing 3 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 3:24-cv-97-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (adh) |
| Filing 2 Federal Rule of Civil Procedure 7.1 Disclosure Statement by LKQ Corporation d/b/a LKQ Pick Your Part St. Louis identifying Other Affiliate Vanguard Group, Inc. for LKQ Corporation d/b/a LKQ Pick Your Part St. Louis. (Keck, Jason) |
| Filing 1 NOTICE OF REMOVAL from St. Louis County, case number 23LA1350 ( Filing fee $ 405 receipt number AILSDC-5282807), filed by LKQ Corporation d/b/a LKQ Pick Your Part St. Louis. (Attachments: #1 Exhibit A - State Court Action, #2 Exhibit B - Summons, #3 Exhibit C - Declaration, #4 Exhibit D - State of Delaware Website, #5 Exhibit E - Action Pleadings, #6 Civil Cover Sheet)(Keck, Jason) |
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| Plaintiff: David Lewis | |
| Represented By: | Andrew P. Laquet |
| Represented By: | Ted L. Perryman |
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| Defendant: LKQ Corporation d/b/a LKQ Pick Your Part St. Louis | |
| Represented By: | Jason D. Keck |
| Represented By: | Craig R. Annunziata |
| Represented By: | Shane Stover |
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