Fang v. Kilian Corporation et al
Plaintiff: Xiaoyan Fang
Defendant: Kilian Corporation, The, Kilian Transport Inc, Asphalt Sales & Products, Inc., Keeley & Sons Inc, Does 1 through 50 inclusive, Kilian Corporation and Asphalt Sales & Products, Inc. doing business as Kilian Asphalt Products, Inc.
Case Number: 3:2024cv01191
Filed: April 30, 2024
Court: U.S. District Court for the Southern District of Illinois
Presiding Judge: David W Dugan
Referring Judge: Gilbert C Sison
Nature of Suit: Motor Vehicle
Cause of Action: 23 U.S.C. § 134 P.I.- Auto Negligence
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 31, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 31, 2024 Filing 29 Acknowledgment Letter from St. Clair County Circuit Court. (kdw)
May 31, 2024 Filing 28 Letter to St. Clair County Circuit Court regarding Order Remanding Case. (kdw)
May 30, 2024 Opinion or Order Filing 27 ORDER OF REMAND: the Agreed Motion to Remand is GRANTED. This case is REMANDED back to the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois. The Clerk of Court is DIRECTED to close this case. Signed by Judge David W. Dugan on 5/30/2024. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 28, 2024 Opinion or Order Filing 26 ORDER re #24 Consent MOTION to Remand to State Court (refiled with exhibits) filed by Xiaoyan Fang. This case has been assigned to the undersigned pursuant to Administrative Orders 347 and 367. Not all parties have had the opportunity to consent to magistrate judge jurisdiction, and Plaintiff filed a consent motion for remand #24 requiring the immediate attention of a district judge. Accordingly, the Clerk of the Court is DIRECTED to refer to District Judge David W. Dugan Plaintiff's consent motion for remand #24 . Signed by Magistrate Judge Gilbert C. Sison on 5/28/2024. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 28, 2024 Filing 25 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, District Judge David W. Dugan. is assigned for entry of an order regarding #17 Consent MOTION to Remand to State Court . (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 28, 2024 MOTIONS REFERRED: #24 Consent MOTION to Remand to State Court (refiled with exhibits) (jlrr)
May 24, 2024 Filing 24 Consent MOTION to Remand to State Court (refiled with exhibits) by Xiaoyan Fang. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8)(Walton, Troy)
May 24, 2024 Filing 23 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Xiaoyan Fang. (Walton, Troy)
May 24, 2024 Filing 22 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McBrearty, Brian)
May 24, 2024 Opinion or Order Filing 21 ORDER re #17 Consent MOTION to Remand to State Court filed by Xiaoyan Fang. - This case has been assigned to the undersigned pursuant to Administrative Orders 347 and 367. Not all parties have had the opportunity to consent to magistrate judge jurisdiction, and Plaintiff filed a consent motion for remand #17 requiring the immediate attention of a district judge. Accordingly, the Clerk of the Court is DIRECTED to refer to a district judge Plaintiff's consent motion for remand #17 . Signed by Magistrate Judge Gilbert C. Sison on 5/24/2024. (klh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 24, 2024 Filing 20 NOTICE OF ACTION re #15 Notice of Appearance filed by Xiaoyan Fang. 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. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 24, 2024 Filing 19 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #14 Consent/Non-Consent to US Magistrate Judge. The form is incomplete. It fails to list which party is consenting or not consenting to magistrate judge jurisdiction. Signing the submitted by portion of the form is insufficient. Therefore, the pleading is STRICKEN. Another form is attached to this Notice. The form should be re-filed as soon as possible. Under Name of Party or Parties you must print the name of the party that is consenting or not consenting to magistrate judge jurisdiction. You should also sign the form under signature of party or attorney. Please note that as a plaintiff proceeding pro se, you may only sign pleadings on your own behalf. You may not sign pleadings on behalf of other unrepresented parties. (jle)
May 23, 2024 Filing 18 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Walton, Troy)
May 23, 2024 Filing 17 Consent MOTION to Remand to State Court by Xiaoyan Fang. (Walton, Troy)
May 23, 2024 Filing 16 NOTICE of Appearance by Megan Ann Crowe on behalf of Xiaoyan Fang (Crowe, Megan)
May 23, 2024 Filing 15 NOTICE of Appearance by Troy E. Walton on behalf of Xiaoyan Fang (Walton, Troy)
May 23, 2024 Filing 14 STRICKEN- CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (McBrearty, Brian) Modified on 5/24/2024 (jle).
May 23, 2024 Filing 13 NOTICE: All Parties 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, All Parties shall return the form within 7 days or face possible sanctions. Consent due by 5/30/2024 (clw)
May 14, 2024 Filing 12 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Kilian Transport Inc. (McBrearty, Brian)
May 14, 2024 Filing 11 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Kilian Corporation identifying Corporate Parent Kilian Corporation, The for Kilian Corporation. (McBrearty, Brian)
May 14, 2024 Filing 10 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Asphalt Sales & Products, Inc.. (McBrearty, Brian)
May 14, 2024 Filing 9 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #6 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Kilian Corporation, #7 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Kilian Transport Inc, #5 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Asphalt Sales & Products, Inc., 8 Notice Regarding Filing,,. An electronic signature is omitted from these filings. See Section 2.0: page 2.1 of Users Manual. E-filer shall re-file with the appropriate signature. (azf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 14, 2024 Filing 8 STRICKEN - NOTICE REGARDING FILING re #6 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Kilian Corporation, #7 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Kilian Transport Inc, #5 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Asphalt Sales & Products, Inc.. Disclosure statements are fillable documents. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF. (azf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 14, 2024 Filing 7 STRICKEN - Federal Rule of Civil Procedure 7.1 Disclosure Statement by Kilian Transport Inc identifying Corporate Parent Kilian Transport, Inc. for Kilian Transport Inc. (McBrearty, Brian)
May 14, 2024 Filing 6 STRICKEN - Federal Rule of Civil Procedure 7.1 Disclosure Statement by Kilian Corporation identifying Corporate Parent Kilian Corporation, The for Kilian Corporation. (McBrearty, Brian)
May 14, 2024 Filing 5 STRICKEN - Federal Rule of Civil Procedure 7.1 Disclosure Statement by Asphalt Sales & Products, Inc. identifying Corporate Parent Asphalt Sales & Products, Inc. for Asphalt Sales & Products, Inc.. (McBrearty, Brian)
May 1, 2024 Filing 4 NOTICE OF ACTION re #1 Notice of Removal, filed by Killian Corporation, Asphalt Sales & Products, Inc., Kilian Transport 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. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 1, 2024 Filing 3 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 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: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. All future documents must bear case number 24-cv-1191-GCS. Consent due by 5/22/2024 (csb)
April 30, 2024 Filing 2 NOTICE by Asphalt Sales & Products, Inc., Kilian Corporation, The, Kilian Transport Inc re #1 Notice of Removal, (Attachments: #1 Exhibit Notice of Filing of Removal state court)(McBrearty, Brian)
April 30, 2024 Filing 1 NOTICE OF REMOVAL from St Clair County Twentieth Judicial Circuit, case number 24LA0461 ( Filing fee $ 405 receipt number AILSDC-5376952), filed by Kilian Corporation, The, Asphalt Sales & Products, Inc., Kilian Transport Inc. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(McBrearty, Brian)

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Search for this case: Fang v. Kilian Corporation et al
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Plaintiff: Xiaoyan Fang
Represented By: Troy E. Walton
Represented By: Megan Ann Crowe
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Defendant: Kilian Corporation, The
Represented By: Brian K. McBrearty
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Defendant: Kilian Transport Inc
Represented By: Brian K. McBrearty
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Defendant: Asphalt Sales & Products, Inc.
Represented By: Brian K. McBrearty
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Defendant: Keeley & Sons Inc
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Defendant: Does 1 through 50 inclusive
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Defendant: Kilian Corporation
Represented By: Brian K. McBrearty
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Defendant: Asphalt Sales & Products, Inc. doing business as Kilian Asphalt Products, Inc.
Represented By: Brian K. McBrearty
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