Duff v. Arrow Truck Sales, Incorporated
| Mark Duff |
| Arrow Truck Sales, Incorporated |
| 3:2025cv02221 |
| December 22, 2025 |
| U.S. District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2026. A more recent docket listing may be available from PACER.
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| Filing 25 JUDGMENT. Approved by Judge J. Phil Gilbert on 6/5/2026. (jdh) |
| Filing 24 STIPULATION of Dismissal by Mark Duff. (Attachments: #1 proposed Order)(Duree, David) |
Filing 23
60 DAY ORDER. The Court having been advised by parties that the above action has been settled but that additional time is needed to consummate the settlement, the Court DIRECTS the Clerk of Court to enter judgment of dismissal with prejudice and without costs 60 days from the date of this order. Should the parties fail to consummate settlement within 60 days, they may petition the Court to delay entry of judgment until a later date. In light of the settlement, the Court DENIES all motions pending in this case as moot and VACATES all court dates in this case. Judgment to enter 7/20/2026. Signed by Judge J. Phil Gilbert on 5/21/2026. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 22 REPORT of Mediation by Mediator Jerome Diekemper. Mediation Session held on 5/18/2026. Case settled in mediation and Stipulation of Dismissal will be filed by 6/5/2026. (mta) |
| Filing 21 NOTICE Regarding Mediator Selection. (tkm) |
| Filing 20 STIPULATION SELECTING MEDIATOR: IT IS HEREBY STIPULATED AND AGREED that Mediator Jerome Diekemper has been selected, contacted and has agreed to serve as Mediator for this action. Signed by Riley Caroline Mendoza on behalf, and with consent, of all Counsel of Record on 2/19/2026. (Mendoza, Riley) |
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Filing 19
ORDER. The parties submitted a Joint Report, which provided a date by which the parties must file a Stipulation Selecting a Mediator. The parties have failed to submit such a stipulation by the required date. The parties are ORDERED to submit a Stipulation Selecting a Mediator within 7 days entry of this order. If the parties fail to submit the stipulation, the Court may set this matter for an in-person hearing in the U.S. Federal Courthouse. Benton, IL. Stipulation Selecting Mediator to be filed by 2/26/2026. Signed by Judge J. Phil Gilbert on 2/19/2026. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
ORDER GRANTING #11 Defendant's Motion to Strike and STRIKING #9 Plaintiff's Answer to Defendant's Affirmative Defenses. Federal Rule of Civil Procedure 7(a) "provides an exhaustive list of the pleadings that are allowed in federal court." Deckert v. Terre Haute Police Dep't, No. 2:25-cv-00258-MPB-MJD, 2025 WL 3633365, at *1 (S.D. Ind. Dec. 15, 2025). It allows a plaintiff to file a "reply to an answer," but only "if the court orders one." Fed. R. Civ. P. 7(a)(7). Here, the Court did not order Plaintiff to file a reply to Defendant's answer. Accordingly, Plaintiff's reply is an unauthorized pleading that violates Rule 7(a), and the Court will strike it from the record. See Controlled Env't Sys. v. Sun Process Co., 173 F.R.D. 509, 510 (N.D. Ill. 1997) (striking plaintiff's reply to defendant's affirmative defenses as a pleading that is unauthorized under Rule 7(a)); Deckert, 2025 WL 3633365, at *1 (stating that an unauthorized filing that violates Rule 7(a) may be stricken). Signed by Judge J. Phil Gilbert on 1/23/2026. (mdm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
SCHEDULING AND DISCOVERY ORDER: The Joint Report of Parties is approved and entered. The Final Pretrial Conference is scheduled for 7/20/2027 at 9:00 AM with a Bench Trial date of 8/2/2027 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Discovery due by 3/24/2027. Dispositive Motions due by 4/23/2027. Stipulation Selecting Mediator to be filed by 2/18/2026. Mediation Session to be completed by 2/22/2027. Mediation Program Completion due by 4/8/2027. Signed by Judge J. Phil Gilbert on 1/22/2026. (Attachments: #1 Joint Report)(tag)
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| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Duree, David) |
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Filing 15
ORDER GRANTING #14 Motion to Continue Bench Trial filed by Arrow Truck Sales, Incorporated. The Final Pretrial Conference is continued 7/20/2027 at 9:00 AM with a Bench Trial date of 8/2/2027 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are directed to submit a scheduling and discovery order on or before February 2, 2026 to [email protected]. using August 2, 2027 for the trial date. Joint Proposed Discovery due by 2/2/2026. Signed by Judge J. Phil Gilbert on 1/21/2026. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 MOTION to Continue Arrow Truck Sales Incorporated's Unopposed Motion to Continue Bench Trial by Six Months by Arrow Truck Sales, Incorporated. (Mendoza, Riley) |
| Filing 13 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 408, 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). (jdc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Mendoza, Riley) |
| Filing 11 MOTION to Strike Arrow Truck Sales Incorporated's Motion to Strike Plaintiff's Answer to Defendant's Affirmative Defenses by Arrow Truck Sales, Incorporated. (Mendoza, Riley) |
| Filing 10 DEMAND for Trial by Jury by Mark Duff. (Duree, David) |
| Filing 9 STRICKEN PER ORDER [18[ - ANSWER TO AFFIRMATIVE DEFENSES re #8 of Defendant Arrow Truck Sales Incorporated by Mark Duff. (Duree, David) Modified on 1/26/2026 (jdc). |
| Filing 8 ANSWER to Complaint Arrow Truck Sales Incorporated's Answer to Complaint and Affirmative Defenses by Arrow Truck Sales, Incorporated.(Mendoza, Riley) |
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Filing 7
CJRA TRACK B assigned: The Final Pretrial Conference is scheduled for 1/12/2027 at 9:00 AM with a Bench Trial date of 1/25/2027 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are to submit a Joint Report regarding Proposed Scheduling and Discovery Order within 28 days of the entry of this filing. Scheduling/Discovery and Settlement Conferences will NOT be set for hearing unless requested by the parties or deemed necessary by the Court. Joint Proposed Discovery due by 1/26/2026. Signed by Judge J. Phil Gilbert on 12/29/2025. (tag)
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Filing 6
ORDER REFERRING CASE TO MEDIATION. Signed by Judge J. Phil Gilbert on 12/29/2025. (tag)
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| Filing 5 NOTICE FROM CLERK Instructing Arrow Truck Sales, Incorporated 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 Arrow Truck Sales, Incorporated on 12/23/2025. Consent due by 1/13/2026 (aca) |
| Filing 4 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 25-cv-2221-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (aca) |
| Filing 3 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Arrow Truck Sales, Incorporated identifying Corporate Parent Volvo AB for Arrow Truck Sales, Incorporated. (Mendoza, Riley) |
| Filing 2 NOTICE of Appearance by Riley Caroline Mendoza on behalf of Arrow Truck Sales, Incorporated (Mendoza, Riley) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Third Judicial Circuit, case number 2025LA0001491 ( Filing fee $ 405 receipt number AILSDC-5813797), filed by Arrow Truck Sales, Incorporated. (Attachments: #1 Exhibit A (State Court Pleadings), #2 Exhibit B (Taylor Declaration), #3 Civil Cover Sheet)(Mendoza, Riley) |
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| Plaintiff: Mark Duff | |
| Represented By: | David M. Duree |
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| Defendant: Arrow Truck Sales, Incorporated | |
| Represented By: | Riley Caroline Mendoza |
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