JONES v. HOOSIER ENERGY RURAL ELECTRIC COOPERATIVE, INC., et al
| CONNIE JONES |
| G.E. BETZ and HOOSIER ENERGY RURAL ELECTRIC COOPERATIVE, INC., |
| 2:2018cv00443 |
| September 28, 2018 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Doris L Pryor |
| James R Sweeney |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 38 Entry Denying Motion to Remand - Because Plaintiff has consented to removal and no longer contests the court's jurisdiction, Plaintiff's Motion to Remand to State Court (ECF No. #20 ) is DENIED AS MOOT. (See Entry.) Signed by Judge James R. Sweeney II on 11/9/2018. (DMW) |
Filing 40
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Discovery due by 7/15/2019. Dispositive Motions due by 9/1/2019. Signed by Magistrate Judge Doris L. Pryor on 11/7/2018. (DMW)
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Filing 39
MINUTE ORDER for proceedings held before Magistrate Judge Doris L. Pryor: The parties appeared by telephone for a Status Conference on November 5, 2018. The parties discussed the status of and future plans for discovery. This matter is scheduled for a telephonic status conference on January 29, 2019 at 8:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Doris L. Pryor. (CAG)
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| Filing 36 Agreed CASE MANAGEMENT PLAN TENDERED, filed by Defendant HOOSIER ENERGY RURAL ELECTRIC COOPERATIVE, INC., . (Rice, Charles) |
| Filing 35 NOTICE to File Corporate Disclosure Statement to G.E. BETZ. (LAB) (DMW) |
| Filing 34 NOTICE to File Corporate Disclosure Statement to HOOSIER ENERGY RURAL ELECTRIC COOPERATIVE, INC. (LAB) (DMW) |
| Filing 33 ANSWER to Complaint (Notice of Removal) , filed by HOOSIER ENERGY RURAL ELECTRIC COOPERATIVE, INC.,.(Rice, Charles) |
| Filing 32 NOTICE of Appearance by Patrick David Murphy on behalf of Defendant HOOSIER ENERGY RURAL ELECTRIC COOPERATIVE, INC.,. (Murphy, Patrick) |
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Filing 31
SCHEDULING ORDER - HON. MAGISTRATE JUDGE DORIS L. PRYOR: This matter is set for a telephone status conference on November 5, 2018 at 11:30 a.m. (Eastern). The purpose of the conference is to discuss case status. Counsel shall attend the conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Copies via U.S. Mail pursuant to distribution list. Signed by Magistrate Judge Doris L. Pryor on 10/2/2018. (DMW)
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| Filing 30 Case transferred in from District of Illinois Central; Case Number 3:17-cv-03226. Original file copy of transfer order and docket sheet received. |
| Filing 29 OPINION: Defendant G.E. Betz, Inc.'s Motion to Dismiss (d/e #10 ) and Defendant Hoosier Energy Rural Electric Cooperative, Inc.'s Motion to Dismiss Plaintiff's Complaint for Lack of Personal Jurisdiction and Improper Venue (d/e #12 ) are GRANTED. Rather than dismiss Plaintiff's claims against Hoosier Energy, the Court TRANSFERS this case to the Southern District of Indiana, the alternative relief Hoosier Energy sought in its motion. Any claim for damages by Plaintiff against G.E. Betz is DISMISSED WITH PREJUDICE. Plaintiff's claim for a declaratory judgment regarding the applicability of G.E. Betz's lien to damages Plaintiff may recover under Count II is DISMISSED WITHOUT PREJUDICE. Because the Court is transferring this case pursuant to 28 U.S.C. 1406(a) due to improper venue, Hoosier Energy's Motion to Transfer Under 28 U.S.C. 1404(a) (d/e #16 ) is DENIED. G.E. Betz's Motion to Join and Adopt (d/e #24 ) is DENIED as MOOT. The Court renders no rulings on Hoosier Energy's Motion to Dismiss Plaintiff's Survival Claim (Count II) (d/e #14 ) or Plaintiff's Motion to Remand to State Court (d/e #20 ). The Clerk is DIRECTED to transfer this case to the Terre Haute Division of the Southern District of Indiana. (SEE WRITTEN OPINION.) Entered by Judge Sue E. Myerscough on 9/27/2018. (GL, ilcd) [Transferred from Illinois Central on 9/28/2018.] |
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Filing 28
ORDER CONCERNING CONSENT TO MAGISTRATE JUDGE IN CASES INVOLVING INITIAL DISPOSITIVE MOTION entered by U.S. Magistrate Judge Tom Schanzle-Haskins on 3/5/2018. (Attachment: #(1) Consent Form) (LB, ilcd) [Transferred from Illinois Central on 9/28/2018.]
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| Filing 27 DEFENDANT HOOSIER ENERGY'S REPLY BRIEF SUPPORTING Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Survival Claim (Count II) filed by Defendant Hoosier Energy Rural Electric Cooperative, Inc. (GL, ilcd) [Transferred from Illinois Central on 9/28/2018.] |
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TEXT ORDER: Defendant Hoosier Energy Rural Electric Cooperative, Inc.'s Motion for Leave to File Reply Supporting Motion to Dismiss Plaintiff's Survival Claim (Count II) #26 is GRANTED. The Clerk is DIRECTED to docket Defendant Hoosier Energy's Reply Brief Supporting Motion to Dismiss Plaintiff's Survival Claim (Count II) [26-1]. Entered by Judge Sue E. Myerscough on 12/5/2017. (GL, ilcd) [Transferred from Illinois Central on 9/28/2018.]
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| Filing 26 MOTION for Leave to File Reply Supporting Motion to Dismiss Plaintiff's Survival Claim (Count II) by Defendant Hoosier Energy Rural Electric Cooperative, Inc.,. Responses due by 12/15/2017 (Attachments: #1 Exhibit Proposed Reply Brief, #2 Text of Proposed Order)(Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
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TEXT ORDER: Defendant Hoosier Energy Rural Electric Cooperative, Inc. has filed a Reply Brief Supporting Motion to Dismiss Plaintiff's Survival Claim (Count II) #25 . The local rules of this district prohibit the filing of a reply in support of a motion raising a question of law without leave of Court. See CDIL-LR 7.1(B)(3). Accordingly, the Court STRIKES Defendant Hoosier Energy's Reply Brief Supporting Motion to Dismiss Plaintiff's Survival Claim (Count II) #25 . If Defendant Hoosier Energy wishes to file a reply in support of its Motion to Dismiss Plaintiff's Survival Claim (Count II) #14 , it may file a motion asking for leave of Court to do so. Entered by Judge Sue E. Myerscough on 12/1/2017. (GL, ilcd) [Transferred from Illinois Central on 9/28/2018.]
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| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff's Motion for Extension of Time #19 ALLOWED. Responses #22 #23 shall stand as filed. (LB, ilcd) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 25 STRICKEN as per Text Order of 12/1/2017 REPLY to Response to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Survival Claim (Count II) filed by Defendant Hoosier Energy Rural Electric Cooperative, Inc. (Rice, Charles) Modified on 12/1/2017 (GL, ilcd). [Transferred from Illinois Central on 9/28/2018.] |
| Filing 24 MOTION re #21 Response to Motion Motion to Join and Adopt Hoosier Energy's Response to Plaintiff's Motion to Remand by Defendant G.E. Betz. Responses due by 12/6/2017 (Schumacher, Alan) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 23 RESPONSE to Motion re #20 MOTION to Remand , #16 MOTION to Transfer Case under 28 U.S.C. 1404(a) conset to removal and transfer filed by Plaintiff Connie Jones. (Heller, H) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 22 RESPONSE to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Survival Claim (Count II) filed by Plaintiff Connie Jones. (Heller, H) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 21 RESPONSE to Motion re #20 MOTION to Remand (Docket Entry 20) filed by Defendant Hoosier Energy Rural Electric Cooperative, Inc.,. (Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 20 MOTION to Remand by Plaintiff Connie Jones. Responses due by 11/28/2017 (Heller, H) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 19 MOTION for Extension of Time to File Response/Reply as to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Survival Claim (Count II), #12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, #16 MOTION to Transfer Case under 28 U.S.C. 1404(a) by Plaintiff Connie Jones. Responses due by 11/28/2017 (Heller, H) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 18 RESPONSE to Motion re #10 MOTION to Dismiss filed by Plaintiff Connie Jones. (Heller, H) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Transfer Case under 28 U.S.C. 1404(a) filed by Defendant Hoosier Energy Rural Electric Cooperative, Inc.,. (Attachments: #1 Exhibit Affidavit of John Robert Horton, #2 Exhibit Comparison of Districts)(Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 16 MOTION to Transfer Case under 28 U.S.C. 1404(a) by Defendant Hoosier Energy Rural Electric Cooperative, Inc.,. Responses due by 11/13/2017 (Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 15 MEMORANDUM in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Survival Claim (Count II) filed by Defendant Hoosier Energy Rural Electric Cooperative, Inc.,. (Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Survival Claim (Count II) by Defendant Hoosier Energy Rural Electric Cooperative, Inc.,. Responses due by 11/13/2017 (Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue filed by Defendant Hoosier Energy Rural Electric Cooperative, Inc.,. (Attachments: #1 Exhibit Affidavit of John Robert Horton)(Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Defendant Hoosier Energy Rural Electric Cooperative, Inc.,. Responses due by 11/13/2017 (Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 11 MEMORANDUM Supporting Motion to Dismiss re #10 MOTION to Dismiss by G.E. Betz. (Schumacher, Alan) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 10 MOTION to Dismiss by Defendant G.E. Betz. Responses due by 11/13/2017 (Schumacher, Alan) [Transferred from Illinois Central on 9/28/2018.] |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Notice of Removal filed 10/13/2017 reviewed. Plaintiff is given to 11/13/2017 to file objections. Failure to do so is deemed to mean Plaintiff has no legal opposition to removal and this case may proceed in this court. Defendant Hoosier Energy Rural Electric Cooperative, Inc.'s Motion for Initial Extension of Time #6 and Defendant GE Betz, Inc.'s Motion for Initial Extension of Time #8 are ALLOWED. Defendants are granted an extension to 11/20/2017 to answer or otherwise plead. (LB, ilcd) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 9 NOTICE of Appearance of Attorney by Michael Anthony Barry on behalf of G.E. Betz (Barry, Michael) [Transferred from Illinois Central on 9/28/2018.] |
| Remark:The 10/20/2017 docket entry was returned as an undeliverable email address as to Patrick Morris. Attorney Patrick Morris email account disabled. (MC, ilcd) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 8 MOTION for Extension of Time to File Answer or otherwise plead by Defendant G.E. Betz. Responses due by 11/1/2017 (Attachments: #1 Text of Proposed Order Proposed Order)(Schumacher, Alan) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 7 NOTICE Rule 7.1 Corporate Disclosure Statement (Schumacher, Alan) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 6 MOTION for Extension of Time to File Answer re #1 Notice of Removal,, Exhibit A State Court Complaint by Defendant Hoosier Energy Rural Electric Cooperative, Inc.,. Responses due by 10/31/2017 (Attachments: #1 Text of Proposed Order)(Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 5 NOTICE of Defendant Hoosier Energy's Corporate Disclosure Statement (Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 4 NOTICE of Removal (Schumacher, Alan) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 3 NOTICE of Appearance of Attorney by Alan John Schumacher on behalf of G.E. Betz (Schumacher, Alan) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 2 NOTICE of Appearance of Attorney by Charles Peter Rice on behalf of Hoosier Energy Rural Electric Cooperative, Inc., (Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
| Filing 1 NOTICE OF REMOVAL of Action from Shelby County Circuit Court,Fourth Judicial Circuit, Shelbyville, Illinois, case number 2017-L-12 (Filing fee $ 400 receipt number 0753-2684870), filed by Hoosier Energy Rural Electric Cooperative, Inc.,. (Attachments: #1 Exhibit A. Complaint from State Court, #2 Exhibit State Court Petition for Appointment of Special Administrator, #3 Exhibit Order Appointing Special Admnistrator, #4 Civil Cover Sheet Civil Cover Sheet)(Rice, Charles) [Transferred from Illinois Central on 9/28/2018.] |
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