Kreke v. Bryan et al
Plaintiff: Allen Kreke and Marathon-Sparta Holdings, Inc.
Defendant: James Perry Bryan, John Bracken Bryan, John Shelby Bryan and Phillip R. Smith
Case Number: 3:2024cv00548
Filed: February 26, 2024
Court: US District Court for the Southern District of Illinois
Presiding Judge: J Phil Gilbert
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2024 Filing 20 AMENDED DOCUMENT by All Defendants. Amendment to #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue Proposed Order Granting Motion. (Dobbs, S.)
April 15, 2024 Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue filed by All Defendants. (Attachments: #1 Affidavit Declaration of James Perry Bryan, #2 Affidavit Declaration of John Bracken Bryan, #3 Affidavit Declaration of Phillip Smith, #4 Affidavit Declaration of J. Shelby Bryan)(Dobbs, S.)
April 15, 2024 Filing 18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue by All Defendants. (Dobbs, S.)
March 27, 2024 Filing 17 REPLY to #8 Response to Order to Show Cause filed by Allen Kreke. (Johnson, M.)
March 27, 2024 Filing 16 MEMORANDUM in Support re #15 MOTION to Remand filed by Allen Kreke. (Johnson, M.)
March 27, 2024 Filing 15 MOTION to Remand by Allen Kreke. (Johnson, M.)
March 22, 2024 Opinion or Order Filing 14 ORDER, granting #7 Consent MOTION for Extension of Time to File Response/Reply filed by Phillip R. Smith, John Shelby Bryan, James Perry Bryan, John Bracken Bryan. Response/Reply due 4/15/2024. Signed by Judge J. Phil Gilbert on 3/22/2024. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 21, 2024 Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dobbs, S.)
March 21, 2024 Filing 12 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). (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 20, 2024 Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Johnson, M.)
March 20, 2024 Filing 10 NOTICE: Allen Kreke, John Bracken Bryan, John Shelby Bryan, James Perry Bryan, and Phillip R. Smith were 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, Allen Kreke, John Bracken Bryan, John Shelby Bryan, James Perry Bryan, and Phillip R. Smith shall return the form within 7 days or face possible sanctions. Consent due by 3/27/2024 (aza)
March 15, 2024 Filing 9 AMENDED DOCUMENT by All Defendants. Amended Notice of Removal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Dobbs, S.)
March 15, 2024 Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by All Defendants filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dobbs, S.)
March 14, 2024 Filing 7 Consent MOTION for Extension of Time to File Response/Reply by All Defendants. (Dobbs, S.)
February 28, 2024 Opinion or Order Filing 6 ORDER TO SHOW CAUSE. Show Cause Response due by 3/18/2024. Signed by Judge J. Phil Gilbert on 2/28/2024. (jdh)
February 27, 2024 Filing 5 AFFIDAVIT re #1 Notice of Removal, Declaration of S. Jay Dobbs by All Defendants. (Dobbs, S.)
February 27, 2024 Filing 4 NOTICE FROM CLERK Instructing Allen Kreke, John Bracken Bryan, John Shelby Bryan, James Perry Bryan, Phillip R. Smith. 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 Allen Kreke, John Bracken Bryan, John Shelby Bryan, James Perry Bryan, Phillip R. Smith. on 2/27/2024. Consent due by 3/19/2024 (kdw)
February 27, 2024 Filing 3 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 24-548-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kdw)
February 26, 2024 Filing 2 NOTICE of Appearance by S. Jay Dobbs on behalf of All Defendants (Dobbs, S.)
February 26, 2024 Filing 1 NOTICE OF REMOVAL from St. Clair County Circuit Court, case number 24LA0247 ( Filing fee $ 405 receipt number BILSDC-5322404), filed by Phillip R. Smith, John Bracken Bryan, James Perry Bryan, John Shelby Bryan. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet)(Dobbs, S.)

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Plaintiff: Allen Kreke
Represented By: M. Adina Johnson
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Plaintiff: Marathon-Sparta Holdings, Inc.
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Defendant: James Perry Bryan
Represented By: S. Jay Dobbs
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Defendant: John Bracken Bryan
Represented By: S. Jay Dobbs
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Defendant: John Shelby Bryan
Represented By: S. Jay Dobbs
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Defendant: Phillip R. Smith
Represented By: S. Jay Dobbs
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