Bishop et al v. Auto Owners Insurance Company
| Janess Bishop, Bishop L Darrin, Olivia Bishop, Mother and next friend Nora Paddock, Darrin L Bishop and Nora Paddock |
| Auto Owners Insurance Company |
| 3:2024cv00268 |
| February 5, 2024 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Insurance |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on April 2, 2024. A more recent docket listing may be available from PACER.
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Filing 16
ORDER DENYING without prejudice #10 Motion to Dismiss for Failure to State a Claim. Defendant filed a motion to dismiss which argued dismissal was warranted because this matter is required to be resolved through arbitration (Doc. 10). Before Plaintiffs' response deadline elapsed, the parties jointly moved to stay this matter pending arbitration (Doc. 14), which the Court granted (Doc. 15). The joint motion to stay alludes to a potential claim by Plaintiffs under Section 155 of the Illinois Insurance Code that would not be subject to arbitration (See Doc. 14). The parties agreed that if that issue cannot be resolved, it could be addressed after the arbitration proceedings, if necessary. At this time, the Court opts to DENY Defendant's motion to dismiss without prejudice in light of the Court's stay and the parties' participation in arbitration (Doc. 10). However, the denial is without prejudice to Defendant to file any appropriate motion to dismiss, if necessary, after the arbitration proceedings. Signed by Magistrate Judge Mark A. Beatty on 4/2/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
ORDER GRANTING #14 Joint Motion to Stay Pending Arbitration. The parties shall proceed with arbitration. This suit is STAYED for the duration of the arbitration proceedings. Once the arbitration proceedings conclude, the parties shall file a joint status report within 14 days advising the Court of such. Signed by Magistrate Judge Mark A. Beatty on 2/16/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 Joint MOTION to Stay agreed, pending arbitration by Darrin L Bishop. (Heller, H.) |
| Filing 13 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty 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 24-268-MAB. Any District Judge previously assigned will no longer be assigned to this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Heller, H.) Modified on 2/8/2024 (kdw). |
| Filing 11 NOTICE of Appearance by H. Kent Heller on behalf of All Plaintiffs (Heller, H.) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim by Auto Owners Insurance Company. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Rich, Ryan) |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Rich, Ryan) |
| Filing 8 NOTICE OF MODIFICATION re #2 Motion for Disclosure filed by Auto Owners Insurance Company. Incorrect event selected. Select the event that most closely matches the document being filed. For this document, the correct event is "Disclosure Statement" under the heading "Other Filings/Other Documents". Docket text modified to reflect the correct document. No further action required by the filer.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 Letter to Attorney Schroeder regarding Attorney admissions to SDIL. (kdw) |
| Filing 6 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 Orders 347 and 367. 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 Nos. 347 and 367, 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: Auto Owners Insurance Company, Darrin L Bishop, Janess Bishop, Nora Paddock. 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 24-268-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 2/27/2024 (kdw) |
| Filing 5 DEMAND for Trial by Jury by Auto Owners Insurance Company. (Rich, Ryan) |
| Filing 4 NOTICE by Auto Owners Insurance Company re #1 Notice of Removal (Rich, Ryan) |
| Filing 3 NOTICE of Appearance by Ryan D. Rich on behalf of Auto Owners Insurance Company (Rich, Ryan) |
| Filing 2 Disclosure Statement by Auto Owners Insurance Company. (Rich, Ryan) Modified on 2/6/2024 (kdw). |
| Filing 1 NOTICE OF REMOVAL from Clark, case number 2023-LA-22 ( Filing fee $ 405 receipt number AILSDC-5302987), filed by All Defendants. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Rich, Ryan) |
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