Tirva et al v. Hilton Spencerport Express, Inc. et al
| Donna Tirva, Leo Tirva, D.T. and Lena Tirva |
| Hilton Spencerport Express, Inc., Arrive Logistics, LLC, Graphic Packaging International, LLC, Thomas Cole and Chasen Thompson |
| 3:2023cv00483 |
| May 24, 2023 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Philip P Simon |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on September 19, 2023. A more recent docket listing may be available from PACER.
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Filing 43
ORDER REASSIGNING CASE. Case reassigned to Judge Philip P Simon for all further proceedings. Judge Jon E DeGuilio no longer assigned to case. Signed by Chief Judge Holly A Brady on 7/17/23. (ksc)
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Filing 42
**STRICKEN per DE #26 Order in 3:22-cv-838-JD-MGG** MOTION to Amend/Correct Plaintiff's Complaint at Law by Plaintiff Donna Tirva. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Proposed Order)Associated Cases: 3:22-cv-00838-JD-MGG, 3:23-cv-00483-JD-MGG(Enright PHV, Karen) Modified on 6/29/2023 to strike (mrm).
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Cases associated and consolidated for all purposes. ***ALL FURTHER ENTRIES WILL BE MADE ONLY ON THE LEAD DOCKET, Case No. 3:22-cv-838*** (sej)
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Chief Judge Jon E DeGuilio added per consolidation of cases with 3:22-cv-838. Judge Damon R. Leichty no longer assigned to case. (sej)
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Filing 41
ORDER: Defendants Motion to Consolidate is GRANTED (DE 18 in 3:22-cv-838). Tirva is CONSOLIDATED for all purposes into Kallas, which was filed earlier. All filings shall be filed only in Kallas (3:22-cv-838-JD-MGG) going forward. Future filings in Tirva (3:23-cv-483-DRL-MGG) will be stricken. The Rule 16(b) Scheduling Order in Kallas (DE 9 in case 3:22-cv-838) will govern proceedings in this consolidated case. If necessary, the parties may seek to modify the Scheduling Order in keeping with the requirements set forth in Fed. R. Civ. P. 16(b)(4) and discussed. ***ALL FURTHER ENTRIES WILL BE MADE ONLY ON THE LEAD DOCKET, Case No. 3:22-cv-838*** Signed by Magistrate Judge Michael G Gotsch, Sr on 06/20/2023. (sej)
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Filing 40
ORDER granting #39 Application to Appear Pro Hac Vice of Attorney Michael E Crane PHV for Donna Tirva, Lena Tirva, Leo Tirva, and D.T. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/20/2023. (ace)
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Filing 39
Application for Attorney Michael Edward Crane to Appear Pro Hac Vice on behalf of Donna Tirva et al. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5264283 (Attachments: #1 Exhibit Certificate of Good Standing)(Crane PHV, Michael)
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Filing 38
ORDER granting #34 Application to Appear Pro Hac Vice of Attorney Karen Enright PHV for Donna Tirva, Lena Tirva, Leo Tirva, and DT. Signed by Magistrate Judge Michael G Gotsch, Sr on 6/5/2023. (ace)
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Filing 37
NOTICE by Hilton Spencerport Express, Inc. Notice of Filing re Motion to Consolidate (Kehl, Jeffrey)
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Filing 36
NOTICE of Appearance by Taylor L Rasey on behalf of Graphic Packaging International, LLC (Rasey, Taylor)
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Filing 35
NOTICE of Appearance by Matthew C Koch on behalf of Arrive Logistics, LLC (Koch, Matthew)
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Filing 34
Application for Attorney Karen Enright to Appear Pro Hac Vice on behalf of Donna Tirva et al. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5257759 (Attachments: #1 Supplement)(Enright, Karen)
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Filing 33
NOTICE of Appearance by Kenderick M Jordan on behalf of Arrive Logistics, LLC (Jordan, Kenderick)
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Filing 32
NOTICE of Appearance by Robert L Reeb on behalf of Arrive Logistics, LLC (Reeb, Robert)
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Filing 31
Case transferred in from District of Illinois Northern; Case Number 1:23-cv-01288. Original file, transfer order and docket sheet received.
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Filing 30
TRANSFERRED to the Northern District of Indiana the electronic record. (daj, ) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 29
MINUTE entry before the Honorable Matthew F. Kennelly: The parties have communicated to the Courtroom Deputy Clerk that all parties have agreed to transfer of this case to the Northern District of Indiana pursuant to 28 USC 1404(a). Civil case terminated. Mailed notice. (mma, ) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 28
MOTION by Defendant Graphic Packaging International, LLC to dismiss for lack of jurisdiction (Attachments: #1 Exhibit A)(Panatera, Joseph) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 27
MOTION by Defendant Arrive Logistics, LLCMotion to dismiss for lack of jurisdiction, or, alternatively, Transfer Venue (Attachments: #1 Declaration )(Koch, Matthew) (Docket text modified on 5/1/2023 by Clerk's Office ). [Transferred from Illinois Northern on 5/24/2023.]
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Filing 26
MEMORANDUM by Chasen Thompson in support of motion to dismiss/lack of jurisdiction #25 (Kehl, Jeffrey) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 25
MOTION by Defendant Chasen Thompson to dismiss for lack of jurisdiction Motion for Lack of Personal Jurisdiction, or in the alternative, to Transfer Venue (Kehl, Jeffrey) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 24
ATTORNEY Appearance for Defendant Arrive Logistics, LLC by Kenderick Mason Jordan (Jordan, Kenderick) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 23
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/20/2023. Remaining defendants have until 5/1/2023 to file their responses to the complaint. Plaintiff's response to all the defendants' motions is due 6/8/2023; defendants' replies are due 7/10/2023. A telephonic status hearing is set for 5/19/2023 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, ) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 22
STATUS Report Joint Status Report of Parties by Arrive Logistics, LLC (Koch, Matthew) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 21
Consent and Joinder to All Notices of Removal by Chasen Thomas (Kehl, Jeffrey). (Linked document has the incorrect case number). Modified on 4/12/2023 (jj, ). [Transferred from Illinois Northern on 5/24/2023.]
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Filing 20
ATTORNEY Appearance for Defendant Chasen Thomas by Jeffrey Edward Kehl (Kehl, Jeffrey) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 19
ATTORNEY Appearance for Plaintiff Donna Tirva by Karen McNulty Enright (Enright, Karen) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 18
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant DM Trans, LLC's unopposed motion for extension of time #17 is granted; response to complaint is to be filed by 4/28/2023. (mk) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 17
MOTION by Defendant Arrive Logistics, LLC for extension of time to file answer Unopposed Motion for extension of time to answer or otherwise plead (Koch, Matthew) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 16
JOINDER in Removal Based on the Presence of Federal Question Jurisdiction (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Koch, Matthew) Docket text Modified on 3/29/2023 by Clerk's Office (kl, ). [Transferred from Illinois Northern on 5/24/2023.]
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Filing 15
ATTORNEY Appearance for Defendant Arrive Logistics, LLC by Robert Lee Reeb (Reeb, Robert) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 14
ATTORNEY Appearance for Defendant Arrive Logistics, LLC by Matthew Carl Koch (Koch, Matthew) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 13
REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of $402.00, receipt no. 6775202, regarding notice of removal, #10 (Panatera, Joseph) #12 (td, ) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 12
REQUEST for Clerk of Court to refund filing fee in the amount of $402.00, receipt no. 6775202, regarding notice of removal, #10 (Panatera, Joseph) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 11
Consent to Removal by Graphic Packaging International, LLC (Attachments: #1 Exhibit A)(Panatera, Joseph) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 10
NOTICE of Removal from Circuit Court of Cook County, case number (2023L001159) filed by Graphic Packaging International, LLC Filing fee $ 402, receipt number AILNDC-20467447. Consent to Removal (Attachments: #1 Exhibit A)(Panatera, Joseph) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 9
ATTORNEY Appearance for Defendant Graphic Packaging International, LLC by Joseph A. Panatera (Panatera, Joseph) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 8
MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 4/13/2023, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 on 4/20/2023 at 9:20 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 7
MEMORANDUM by Thomas Cole, Hilton Spencerport Express, Inc. in support of motion to dismiss/lack of jurisdiction #6 (Kehl, Jeffrey) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 6
MOTION by Defendants Thomas Cole, Hilton Spencerport Express, Inc. to dismiss for lack of jurisdiction (Attachments: #1 Affidavit Affidavit of Thomas Cole)(Kehl, Jeffrey) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 5
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hilton Spencerport Express, Inc. (Kehl, Jeffrey) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 4
MAILED notice of removal letter to counsel of record. (ph, ) [Transferred from Illinois Northern on 5/24/2023.]
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ph, ) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 3
ATTORNEY Appearance for Defendants Thomas Cole, Hilton Spencerport Express, Inc. by Jeffrey Edward Kehl (Kehl, Jeffrey) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 2
CIVIL Cover Sheet (Kehl, Jeffrey) [Transferred from Illinois Northern on 5/24/2023.]
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Filing 1
NOTICE of Removal from Circuit Court of Cook County Law Division, case number (2023L001159) filed by Thomas Cole, Hilton Spencerport Express, Inc. Filing fee $ 402, receipt number AILNDC-20398457. (Attachments: #1 Exhibit Ex A - State Court Docket, #2 Exhibit Ex B - State Court Complaint Summonses and Attorney Appearance)(Kehl, Jeffrey) [Transferred from Illinois Northern on 5/24/2023.]
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable David Weisman. Case assignment: Random assignment. (emc, ) [Transferred from Illinois Northern on 5/24/2023.]
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