Zhu et al v. Keeley & Sons, Inc., et al
| Yafeng Zhu and Shuhui Zhang |
| Keeley & Sons, Inc., a for-profit corporation, Eugene Keeley, The Kilian Corporation, a for-profit corporation, James R Kilian, Kilian Transport, Inc. a for profit corporation, Asphalt Sales & Products, Inc., Stutz Excavating, Inc. a for-profit corporation, Keller Construction, Inc., John Doe Defendants 1-10, Keeley & Sons, Inc., Kilian Corporation, Stutz Excavating, Inc., John Doe 1-10 and Kilian Transport, Inc. |
| 3:2024cv00908 |
| March 26, 2024 |
| U.S. District Court for the Southern District of Illinois |
| Mark A Beatty |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Both |
Docket Report
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This docket was last retrieved on March 12, 2025. A more recent docket listing may be available from PACER.
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Filing 54
Federal Rule of Civil Procedure 7.1 Disclosure Statement by Asphalt Sales & Products, Inc.. (McBrearty, Brian)
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Filing 53
Federal Rule of Civil Procedure 7.1 Disclosure Statement by Kilian Transport, Inc.. (McBrearty, Brian)
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Filing 52
Federal Rule of Civil Procedure 7.1 Disclosure Statement by Kilian Corporation. (McBrearty, Brian)
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Filing 51
ORDER DENYING as MOOT #48 Motion for Extension of Time to File Answer. Defendant Keeley & Sons, Inc., filed the instant motion seeking an extension of time to file an answer or other responsive pleading (Doc. 48). As this motion is identical to the motion filed by Defendant Keeley & Sons that the Court granted yesterday (see Docs. 43, 50), the instant motion is DENIED as MOOT. Signed by Magistrate Judge Mark A. Beatty on 5/16/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 50
ORDER GRANTING #43 Unopposed Motion for Extension of Time to File Answer; and GRANTING #45 Motion for Extension of Time to File Answer. In order to align the requested extensions, both Defendant Keeley & Sons, Inc., and Defendant Stutz Excavating, Inc., answers or other responsive pleadings are now due on or before June 16, 2024. Signed by Magistrate Judge Mark A. Beatty on 5/15/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 49
NOTICE OF ACTION re #41 and #42 Notice of Appearance filed by Keeley & Sons, Inc., #44 Notice of Appearance filed by Stutz Excavating, Inc. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/forms-0.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 48
MOTION for Extension of Time to File Answer re #1 Complaint, by Keeley & Sons, Inc.. (Salsbury, Brent)
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Filing 47
NOTICE OF MODIFICATION re #43 Motion for Extension of Time to File Answer filed by Keeley & Sons, Inc. Document contains a proposed order. Proposed orders are not to be filed, rather should be submitted via e-mail to the assigned Judge (see CM/ECF Users Manual at pgs. 2.6-2.7). The proposed order will be deleted in accordance with this Courts practices and shall be sent via email accordingly. No further action is required by the filer in relation to this notification. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 46
NOTICE FROM CLERK Instructing Keely & Sons, Inc and Stutz Excavating, Inc. 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/sites/ilsd/files/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Keely & Sons, Inc and Stutz Excavating, Inc. on 5/15/2024. Consent due by 6/5/2024 (kdw)
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Filing 45
MOTION for Extension of Time to File Answer by Stutz Excavating, Inc.. (Melnyk, Yaro)
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Filing 44
NOTICE of Appearance by Yaro M. Melnyk on behalf of Stutz Excavating, Inc. (Melnyk, Yaro)
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Filing 43
MOTION for Extension of Time to File Answer re #1 Complaint, by Keeley & Sons, Inc.. (Attachments: #1 Administrative Order Proposed Order)(Salsbury, Brent)
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Filing 42
NOTICE of Appearance by Brent Larsen Salsbury on behalf of Keeley & Sons, Inc. (Salsbury, Brent)
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Filing 41
NOTICE of Appearance by Charles Zachary Vaughn on behalf of Keeley & Sons, Inc. (Vaughn, Charles)
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Filing 40
ORDER GRANTING #36 Unopposed Motion to File Responsive Pleadings Out of Time. Defendants The Killian Corporation, Killian Transport, Inc., and Asphalt Sales and Products, Inc., filed this motion requesting an extension of time to answer Plaintiffs' Complaint and for leave to file their answers instanter. The motion is GRANTED and Defendants' Answers (Docs. 37, 38, 39) are hereby filed instanter. Signed by Magistrate Judge Mark A. Beatty on 5/14/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 39
Defendant ANSWER to #1 Complaint, by Kilian Corporation.(McBrearty, Brian)
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Filing 38
Defendant ANSWER to #1 Complaint, by Kilian Transport, Inc..(McBrearty, Brian)
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Filing 37
Defendant ANSWER to #1 Complaint, by Asphalt Sales & Products, Inc..(McBrearty, Brian)
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Filing 36
MOTION for Extension of Time to File Response/Reply Responsive Pleadings Out of Time by Asphalt Sales & Products, Inc., Kilian Corporation, Kilian Transport, Inc.. (Attachments: #1 Administrative Order Proposed Order)(McBrearty, Brian)
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Filing 35
NOTICE OF ACTION re #33 Notice of Appearance filed by Keller Construction, Inc. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 34
NOTICE FROM CLERK Instructing Keller Construction, Inc. 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/sites/ilsd/files/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Keller Construction, Inc. on 5/8/2024. Consent due by 5/29/2024 (clw)
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Filing 33
NOTICE of Appearance by Michael D. Cerulo on behalf of Keller Construction, Inc. (Cerulo, Michael)
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Filing 32
ANSWER to #1 Complaint, by Keller Construction, Inc..(Cerulo, Michael)
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Filing 31
SUMMONS Returned Executed by All Plaintiffs. Kilian Transport, Inc. served on 4/17/2024, answer due 5/8/2024. (Grieco, Michael)
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Filing 30
SUMMONS Returned Executed by All Plaintiffs. Kilian Corporation served on 4/17/2024, answer due 5/8/2024. (Grieco, Michael)
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Filing 29
SUMMONS Returned Executed by All Plaintiffs. Keller Construction, Inc. served on 4/17/2024, answer due 5/8/2024. (Grieco, Michael)
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Filing 28
SUMMONS Returned Executed by All Plaintiffs. Keeley & Sons, Inc. served on 4/17/2024, answer due 5/8/2024. (Grieco, Michael)
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Filing 27
SUMMONS Returned Executed by All Plaintiffs. Asphalt Sales & Products, Inc. served on 4/17/2024, answer due 5/8/2024. (Grieco, Michael)
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Filing 26
SUMMONS Returned Executed by All Plaintiffs. Stutz Excavating, Inc. served on 4/17/2024, answer due 5/8/2024. (Grieco, Michael)
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Filing 25
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #19 , #20 , #21 , #21 , #22 , #23 . #24 Affidavit filed by Shuhui Zhang, Yafeng Zhu. Select the event which most closely matches the document being filed. For this document, the correct event is "Summons Returned Executed. E-filer is instructed to re-file using Civil>Service of Process> Summons Returned Executed in order to properly trigger the answer due deadline. Filer will need to refile the documents. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
STRICKEN AFFIDAVIT OF SERVICE by All Plaintiffs. (Grieco, Michael) Modified on 4/24/2024 (kdw).
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Filing 23
STRICKEN AFFIDAVIT OF SERVICE by All Plaintiffs. (Grieco, Michael) Modified on 4/24/2024 (kdw).
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Filing 22
STRICKEN AFFIDAVIT OF SERVICE by All Plaintiffs. (Grieco, Michael) Modified on 4/24/2024 (kdw).
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Filing 21
STRICKEN AFFIDAVIT OF SERVICE by All Plaintiffs. (Grieco, Michael) Modified on 4/24/2024 (kdw).
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Filing 20
STRICKEN AFFIDAVIT OF SERVICE by All Plaintiffs. (Grieco, Michael) Modified on 4/24/2024 (kdw).
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Filing 19
STRICKEN AFFIDAVIT OF SERVICE by All Plaintiffs. (Grieco, Michael) Modified on 4/24/2024 (kdw).
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Filing 18
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Grieco, Michael)
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Filing 17
NOTICE: Shuhui Zhang, Yafeng Zhu 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, Shuhui Zhang, Yafeng Zhu shall return the form within 7 days or face possible sanctions. Consent due by 4/25/2024 (clw)
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Filing 16
Summons Issued as to Kilian Transport, Inc and originals mailed to Attorney Grieco. (kdw)
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Filing 15
Summons Requested. (Grieco, Michael)
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Filing 14
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #4 Summons Returned Unexecuted filed by Shuhui Zhang, Yafeng Zhu. Duplicative of Summons requested at Doc. 5.(csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
Summons Issued as to Stutz Excavating, Inc.. Originals mailed to counsel for service. (jle)
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Filing 12
Summons Issued as to Asphalt Sales & Products, Inc., Keeley & Sons, Inc., Keller Construction, Inc. Originals mailed to counsel for service. (csb)
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Filing 11
Summons Issued as to Kilian Corporation. Original mailed to counsel for service. (adh)
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Filing 10
Federal Rule of Civil Procedure 7.1 Disclosure Statement by Shuhui Zhang, Yafeng Zhu. (Grieco, Michael)
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Filing 9
Summons Requested. (Grieco, Michael)
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Filing 8
Summons Requested. (Grieco, Michael)
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Filing 7
Summons Requested. (Grieco, Michael)
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Filing 6
Summons Requested. (Grieco, Michael)
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Filing 5
Summons Requested. (Grieco, Michael)
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Filing 4
STRICKEN Summons Returned Unexecuted by Shuhui Zhang, Yafeng Zhu as to Asphalt Sales & Products, Inc.. (Grieco, Michael) Modified on 3/28/2024 (csb).
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Filing 3
NOTICE OF ACTION re #1 Complaint, filed by Shuhui Zhang, Yafeng Zhu.Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx.(kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
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: Shuhui Zhang, Yafeng Zhu. 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 24-908-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 4/17/2024 (kdw)
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Filing 1
COMPLAINT against Asphalt Sales & Products, Inc., John Doe Defendants 1-10, Eugene Keeley, Keeley & Sons, Inc., a for-profit corporation, Keller Construction, Inc., James R Kilian, Kilian Transport, Inc. a for profit corporation, Stutz Excavating, Inc. a for-profit corporation, The Kilian Corporation, a for-profit corporation ( Filing fee $ 405 receipt number AILSDC-5347877.), filed by Shuhui Zhang, Yafeng Zhu. (Attachments: #1 Civil Cover Sheet)(Grieco, Michael)
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