Quarles v. Morgan Summer Wood, LLC et al
| Michelle A Quarles |
| Morgan Summer Wood, LLC, Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Management, LLC and Morgan Summer Wood Realty, LLC |
| 2:2022cv00294 |
| October 6, 2022 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Philip P Simon |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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Filing 26
Order: This case is REMANDED to Lake Superior Court, Civil Division 5, in the County of Lake, State of Indiana, under Cause No. 45D05-2204-CT-000405. Defendants' motions to dismiss #16 ; #18 and motion to strike #20 are DENIED WITHOUT PREJUDICE and all further settings in this action are hereby VACATED. The Clerk shall treat this civil action as TERMINATED. Signed by Judge Philip P Simon on 11/18/2022. (Certified copy mail to Lake Superior Court, Civil Division 5) (jdb)
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Filing 25
ORDER: The Court DENIES #23 Defendants' Motion To Be Released From Obligation To Identify Individual Names Of Nonparty LLC Members, Or, In The Alternative, Motion To Be Released From The Obligation And For Remand. Signed by Magistrate Judge Joshua P Kolar on 11/17/2022. (tc)
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| Filing 24 NOTICE of Appearance by Brian N Custy on behalf of Michelle A Quarles (Custy, Brian) |
| Filing 23 MOTION to be Released from Obligation to Identify Individual Names of Nonparty LLC Members, or In The Alternative, Motion to be Released from the Obligation and for Remand by Defendants Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Management, LLC, Morgan Summer Wood Realty, LLC, Morgan Summer Wood, LLC. (Ahlers, Jeffrey) |
| Filing 22 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. Magistrate Consent forms due by 12/5/2022. (tc) |
| Filing 21 BRIEF in Support of #20 RULE 12(f) MOTION to Strike Plaintiff's Jury Demand filed by Morgan Summer Wood Management, LLC, Morgan Summer Wood Apartments, LLC, Morgan Summer Wood, LLC, Morgan Summer Wood Realty, LLC. (Attachments: #1 Exhibit A)(Ahlers, Jeffrey) |
| Filing 20 RULE 12(f) MOTION to Strike Plaintiff's Jury Demand by Defendants Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Management, LLC, Morgan Summer Wood Realty, LLC, Morgan Summer Wood, LLC. (Ahlers, Jeffrey) |
| Filing 19 BRIEF in Support of #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Morgan Summer Wood, LLC. (Ahlers, Jeffrey) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Morgan Summer Wood, LLC. (Ahlers, Jeffrey) |
| Filing 17 BRIEF in Support of #16 MOTION to Dismiss for Lack of Jurisdiction filed by Morgan Summer Wood Management, LLC, Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Realty, LLC. (Attachments: #1 Exhibit A)(Ahlers, Jeffrey) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction by Defendants Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Management, LLC, Morgan Summer Wood Realty, LLC. (Ahlers, Jeffrey) |
| Filing 15 ANSWER to Complaint by Morgan Summer Wood Realty, LLC.(Ahlers, Jeffrey) |
| Filing 14 ANSWER to Complaint by Morgan Summer Wood Management, LLC.(Ahlers, Jeffrey) |
| Filing 13 ANSWER to Complaint by Morgan Summer Wood Apartments, LLC.(Ahlers, Jeffrey) |
| Filing 12 ANSWER to Complaint by Morgan Summer Wood, LLC.(Ahlers, Jeffrey) |
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Filing 11
MINUTE ORDER (text entry only): Defendants Unopposed Motion For Extension Of Time To File Supplemental Jurisdictional Statement #10 is GRANTED. The deadline for Defendants to file a supplemental jurisdictional statement is EXTENDED to 11/14/2022. Approved by Magistrate Judge Joshua P Kolar on 10/24/22. (efc)
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| Filing 10 MOTION for Extension of Time to File Supplemental Jurisdictional Statement by Defendants Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Management, LLC, Morgan Summer Wood Realty, LLC, Morgan Summer Wood, LLC. (Ahlers, Jeffrey) |
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Filing 9
ORDER: Given the importance of determining the Court's jurisdiction to hear this case, Defendants must allege a sufficient basis for concluding the Court has diversity jurisdiction over this matter. Therefore, the Court ORDERS Defendants to FILE a Supplemental Jurisdictional Statement on or before October 31, 2022, which statement must correct the deficiencies in the Notice of Removal identified above and properly allege diversity jurisdiction over the state court complaint pursuant to the principles discussed in this order. Signed by Magistrate Judge Joshua P Kolar on 10/14/22. (ksp)
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| Filing 8 STATE COURT RECORD RECEIVED (docket sheet). (nal) |
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Filing 7
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 10/11/2022. (tc)
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| Reset Deadlines: Morgan Summer Wood, LLC, Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Management, LLC, and Morgan Summer Wood Realty, LLC Answer due 11/10/2022 pursuant to DE #5 . (kmt) |
| **NEW CASE** Judge Philip P Simon and Magistrate Judge Joshua P Kolar added. (kmt) |
| Filing 5 AGREED NOTICE to extend time to file answer filed by Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Management, LLC, Morgan Summer Wood Realty, LLC, Morgan Summer Wood, LLC ; answer due by November 10, 2022. (Ahlers, Jeffrey) |
| Filing 4 NOTICE of Appearance by Brandon T Curl on behalf of All Defendants (Curl, Brandon) |
| Filing 3 NOTICE of Appearance by Jeffrey W Ahlers on behalf of Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Management, LLC, Morgan Summer Wood Realty, LLC, Morgan Summer Wood, LLC (Ahlers, Jeffrey) |
| Filing 2 Corporate Disclosure Statement by Morgan Summer Wood Apartments, LLC, Morgan Summer Wood Management, LLC, Morgan Summer Wood Realty, LLC, Morgan Summer Wood, LLC identifying Corporate Parent Morgan Summer Wood Apartments, LLC for Morgan Summer Wood, LLC.. (Ahlers, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-5043830.) from Lake Superior Court, Cause No. 45D05-2204-CT-000405, filed by Morgan Summer Wood Management, LLC, Morgan Summer Wood Apartments, LLC, Morgan Summer Wood, LLC, Morgan Summer Wood Realty, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(Ahlers, Jeffrey) |
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