Calvert et al v. Piasa Armory et al
| Gary Calvert and Lisa Calvert |
| Eric Scott Pulaski, Michelle Pulaski and Piasa Armory, LLC |
| Mediator Eugene C. Menges |
| 3:2025cv01745 |
| September 5, 2025 |
| U.S. District Court for the Southern District of Illinois |
| Mark A Beatty |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on February 19, 2026. A more recent docket listing may be available from PACER.
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| Filing 48 NOTICE of Hearing: Status Conference set for 6/18/2026 at 10:00 AM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive a ZOOM invitation via email from the Court. (jmj) |
| Filing 47 Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 2/19/2026. Attorney Derek Siegel appears on behalf of Plaintiffs. Attorney Kathryn Boyle appears on behalf of Defendants. The parties discuss the status of discovery. The parties indicate that initial written discovery has been exchanged. The Court reminds the parties that they are free modify the internal deadlines of the scheduling order by stipulation, so long as it does not interfere with the current discovery and dispositive motions deadlines. A status conference will be set by separate notice to discuss the progress of discovery. (Court Reporter Liberty Recording.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 46 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Eugene C Menges has been selected, contacted and has agreed to serve as Mediator for this action. Signed by Kathryn Boyle on behalf, and with consent, of all Counsel of Record on 1/16/2026. (Boyle, Kathryn) |
| Filing 45 ANSWER to #32 Amended Complaint by Michelle Pulaski.(Boyle, Kathryn) |
| Filing 44 ANSWER to #32 Amended Complaint by Eric Scott Pulaski.(Boyle, Kathryn) |
| Filing 43 ANSWER to #32 Amended Complaint by Piasa Armory, LLC.(Boyle, Kathryn) |
| Filing 42 NOTICE of Hearing: Status Conference set for 2/19/2026 at 9:30 AM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive a ZOOM invitation via email from the Court. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
Filing 41
SCHEDULING ORDER: The Joint Report of Parties and Proposed Scheduling and Discovery Order received by the Court is adopted. Discovery due by 11/23/2026. Dispositive Motions due by 12/22/2026. Stipulation Selecting Mediator to be filed by 1/15/2026. Mediation Session to be completed by 10/23/2026. Mediation Program Completion due by 12/7/2026. Signed by Magistrate Judge Mark A. Beatty on 12/11/2025. (Attachments: #1 Joint Report of Parties)(jmj)
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Filing 40
ORDER: The Court has received and reviewed the Joint Report of Parties and Proposed Scheduling and Discovery Order. As the proposed dates conform with the Local Rules established for the Southern District of Illinois district court, the Report is accepted and will be filed as the operative Scheduling Order on the Court's docket. The Scheduling Conference set for December 18, 2025 at 1:00 PM is hereby CANCELLED. The parties are DIRECTED to consult the undersigned's case management procedures for any questions about the undersigned's case protocols. This case will be set for a ZOOM status conference in 60-90 days to check in with the parties on the progress of discovery. Signed by Magistrate Judge Mark A. Beatty on 12/11/2025. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 39
ORDER GRANTING #38 Motion to Substitute Counsel (erroneously filed as a Motion to Substitute Party). Attorney Bryan Dooling is terminated as counsel of record for Defendants. Defendants will now be represented by Attorneys Kathryn Boyle and Craig Derrig. Additionally, the Court notes that Defendants' answer or other responsive pleading to the Amended Complaint, (Doc. 32), is now overdue. See Fed. R. Civ. P. 15(a)(3). The Court sua sponte grants Defendants an extension of time until December 16, 2025, to file their answer or other responsive pleading to the Amended Complaint. Signed by Magistrate Judge Mark A. Beatty on 12/9/2025. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 38 MOTION to Substitute Party by Piasa Armory, LLC, Eric Scott Pulaski, Michelle Pulaski. (Boyle, Kathryn) |
| Filing 37 NOTICE of Appearance by Craig M. Derrig on behalf of All Defendants (Derrig, Craig) |
| Filing 36 NOTICE of Appearance by Kathryn Boyle on behalf of All Defendants (Boyle, Kathryn) |
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Filing 35
ORDER DENYING WITHOUT PREJUDICE #33 Motion to Substitute Attorney. This motion indicates that Defendants have retained new counsel, Kathryn Boyle and Craig Derrig of Wood Smith Henning & Berman, LLP, to replace their current attorney of record, Brian Dooling of Miller King Law Firm. The motion asks the Court to substitute in Ms. Boyle and Mr. Derrig as counsel of record for Defendants and to allow Mr. Dooling to withdraw. However, neither Ms. Boyle nor Mr. Derrig have an entry of appearance on record. Per the Local Rules, attorneys must file a separate entry of appearance before filing any motions in the case. See SDIL-LR 83.1(g) (instructing that "any attorney other than the one who filed the initiating document (i.e., the complaint or the notice of removal) must file a separate entry of appearance before filing a document or appearing before the Court"). Once Mr. Derrig and/or Ms. Boyle have filed an entry of appearance, they may refile the motion to substitute, but it must be signed by them as well as Mr. Dooling. In the alternative, Mr. Dooling can file a motion to withdraw after Ms. Boyle and/or Mr. Derrig have entered their appearance(s). Signed by Magistrate Judge Mark A. Beatty on 12/5/2025. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 34 NOTICE OF MODIFICATION re #33 Motion to Substitute Attorney filed by Piasa Armory, LLC, Michelle Pulaski, Eric Scott Pulaski. Document contains a proposed order. Proposed orders are not to be filed, but instead submitted via e-mail to the assigned Judge. Refer to our website for additional information. 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. (jdc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 33 MOTION to Substitute Attorney by Piasa Armory, LLC, Eric Scott Pulaski, Michelle Pulaski. (Attachments: # 1 Exhibit A)(Boyle, Kathryn) |
| Filing 32 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.(Siegel, Derek) |
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Filing 31
ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 12/18/2025 at 1:00 PM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive a ZOOM invitation via email from the Court. Joint Report of the Parties due seven days before the conference and shall be submitted via email to [email protected]. The parties are reminded that the proposed discovery and dispositive motions deadlines must be in compliance with the requirements set forth in this Court's form order. See also SDIL-LR 7.1(f) and Timetable. The Parties are instructed to use the correct form for the Joint Report of the Parties which can be found attached to this Order. Signed by Magistrate Judge Mark A. Beatty on 11/14/2025. (Attachments: #1 Joint Report of Parties)(jmj)
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Filing 30
ORDER REFERRING CASE TO MEDIATION. Signed by Magistrate Judge Mark A. Beatty on 11/14/2025. (jmj)
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| Filing 29 CJRA TRACK C assigned: Presumptive Jury Trial month set for April 2027 in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Signed by Magistrate Judge Mark A. Beatty on 11/14/2025. (jmj) |
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Filing 28
JURISDICTIONAL ORDER: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. See Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) ("It is the responsibility of a court to make an independent evaluation of whether subject matter jurisdiction exists in every case."). Plaintiffs assert this Court has subject matter jurisdiction over their lawsuit based on diversity of citizenship, 28 U.S.C. sec. 1332 (Doc. 1). However, Plaintiffs' allegations regarding the citizenship of the parties are deficient. The complaint alleges only the residency, not the citizenship, of Plaintiffs, as well as Defendants Eric Scott and Michelle Pulaski (Doc. 1, para. 1, 4). "[R]esidence and citizenship are not synonyms and it is the latter that matters for purpose of diversity jurisdiction." Meyerson v. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). For Defendant Piasa Armory, LLC, the complaint alleges only that it is "an Illinois corporation that conducts business in Madison County, Illinois" (Doc. 1, para. 3). That is not the proper way to allege the citizenship of a corporation, see Page v. Democratic Nat'l Comm., 2 F.4th 630, 635 (7th Cir. 2021) (citing 28 U.S.C. 1332(c)(1), and furthermore, Piasa Armory is not a corporation--it is an LLC. "[T]he citizenship of an LLC is the citizenship of each member...." City of E. St. Louis, Illinois v. Netflix, Inc., 83 F.4th 1066, 1070 (7th Cir. 2023). Therefore, Plaintiff must identify each of the LLC's members and their citizenship as of the date the complaint was filed, and, if those members have members, the citizenship of those members as well, and so on until a corporation or a natural person is reached. Id.; Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). Accordingly, Plaintiffs are ORDERED to file an amended complaint by December 3, 2025, that properly alleges the citizenship of all parties. If Plaintiffs fail to do so in the manner and time prescribed or, if after reviewing the amended complaint the Court finds that Plaintiffs have still not properly established subject matter jurisdiction, the Court may dismiss this action for lack of subject matter jurisdiction. Signed by Magistrate Judge Mark A. Beatty on 11/12/2025. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Amended Pleadings due by 12/3/2025. (jdc) |
| Filing 27 ANSWER to #1 Complaint, by All Defendants.(Dooling, Bryan) |
| Filing 26 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 3:25-cv-01745-MAB. Any District Judge previously assigned will no longer be assigned to this case. (jdc) |
| Filing 25 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dooling, Bryan) (Main Document 25 replaced on 11/4/2025) (jdc). (Main Document 25 replaced on 11/4/2025) (jdc). (Main Document 25 replaced on 11/4/2025) (jdc). |
| Filing 24 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dooling, Bryan) (Main Document 24 replaced on 11/4/2025) (jdc). (Main Document 24 replaced on 11/4/2025) (jdc). |
| Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dooling, Bryan) (Main Document 23 replaced on 11/4/2025) (jdc). (Main Document 23 replaced on 11/4/2025) (jdc). |
| Filing 22 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Michelle Pulaski. (Dooling, Bryan) |
| Filing 21 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Eric Scott Pulaski. (Dooling, Bryan) |
| Filing 20 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Piasa Armory, LLC. (Dooling, Bryan) |
| Filing 19 NOTICE FROM CLERK Instructing Piasa Armory, LLC, Eric Scott Pulaski, and Michelle Pulaski to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 408, 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 Piasa Armory, LLC, Eric Scott Pulaski, and Michelle Pulaski on 10/17/2025. Consent due by 11/7/2025 (jdc) |
| Filing 18 NOTICE OF ACTION re #15 Notice of Appearance filed by Piasa Armory, LLC, Michelle Pulaski, Eric Scott Pulaski. 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. (jdc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 17
ORDER GRANTING #16 Motion for Extension of Time to Answer, Defendants' answer or other responsive pleading is now due on or before November 6, 2025. Signed by Magistrate Judge Mark A. Beatty on 10/16/2025. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 MOTION for Extension of Time to File Answer by All Defendants. (Dooling, Bryan) |
| Filing 15 NOTICE of Appearance by Bryan A Dooling on behalf of All Defendants (Dooling, Bryan) |
| Filing 14 SUMMONS Returned Executed by All Plaintiffs. Michelle Pulaski served on 9/25/2025, answer due 10/16/2025. (Siegel, Derek) |
| Filing 13 SUMMONS Returned Executed by All Plaintiffs. Eric Scott Pulaski served on 9/25/2025, answer due 10/16/2025. (Siegel, Derek) |
| Filing 12 SUMMONS Returned Executed by All Plaintiffs. Piasa Armory, LLC served on 9/25/2025, answer due 10/16/2025. (Siegel, Derek) |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Siegel, Derek) |
| Filing 10 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #9 Consent/Non-Consent to US Magistrate Judge. Document is completed incorrectly. Party names should be listed for each Plaintiff. (jdc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 STRICKEN - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Siegel, Derek) Modified on 9/9/2025 (jdc). |
| Filing 8 Summons Issued as to Piasa Armory, LLC, Eric Scott Pulaski, Michelle Pulaski. Originals sent to counsel for service(jdc) |
| Filing 7 NOTICE FROM CLERK Instructing Gary Calvert and Lisa Calvert to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 408, 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 Gary Calvert and Lisa Calvert on 9/8/2025. Consent due by 9/29/2025 (jdc) |
| Filing 6 Notice of Judge Assignment. Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 3:25-cv-01745-MAB. (jdc) |
| Filing 5 EXHIBIT by All Plaintiffs. Exhibit to #1 Complaint, Civil Cover Sheet. (Siegel, Derek) |
| Filing 4 NOTICE OF ACTION re #1 Complaint, filed by Lisa Calvert, Gary Calvert A Civil Cover Sheet was not filed as an attachment to the Complaint per this Courts instruction. A Civil Cover sheet must be filed using the event found under Civil > Other Documents > Exhibit and linked back to the Complaint docket entry. (jdc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 3 Federal Rule of Civil Procedure 7.1 Disclosure Statement by All Plaintiffs. (Siegel, Derek) |
| Filing 2 NOTICE of Appearance by Derek J. Siegel on behalf of All Plaintiffs (Siegel, Derek) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AILSDC-5739829.), filed by All Plaintiffs. (Attachments: #1 Exhibit A-Lease Agreement, #2 Exhibit B-Addendum, #3 Exhibit C-Demand Letter, #4 Summons for Piasa Armory, #5 Summons for Eric Scott Pulaski, #6 Summons for Michelle Pulaski)(Siegel, Derek) |
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