Crumley Roberts, LLP et al v. Heninger Garrison Davis, LLC
| Burke Harvey, LLC |
| Heninger Garrison Davis, LLC, Timothy C. Davis, W. Lewis Garrison, Jr., W. Lee Gresham, III, Erik Heninger and Stephen Heninger |
| Crumley Roberts, LLP |
| 2:2021cv02261 |
| June 9, 2021 |
| US District Court for the District of Kansas |
| John W Lungstrum |
| James P O'Hara |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on February 1, 2024. A more recent docket listing may be available from PACER.
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Filing 106
MEMORANDUM AND ORDER denying #89 Motion for Summary Judgment; denying #96 Motion for Partial Summary Judgment. Please see the order for details. Signed by District Judge John W. Lungstrum on 04/06/2023. (gw)
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NOTICE OF DOCKET TEXT MODIFICATION by Deputy Clerk re #105 : Originally filed as a memorandum in support of motion, this entry has been changed to a reply to response to motion. (mam)
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Filing 105
REPLY TO RESPONSE TO MOTION by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP re re #96 Cross- Motion for Partial Summary Judgment. (Jorgensen, Christian) Modified on 3/20/2023 to re-title, wrong event type used. (mam)
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Filing 104
ORDER granting #103 Motion to Bifurcate. Please see order for details. Signed by District Judge John W. Lungstrum on 03/06/2023. (gw)
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Filing 103
Joint MOTION to Bifurcate by Defendant Heninger Garrison Davis, LLC (Schwarz, Ashlea)
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Filing 102
MEMORANDUM IN OPPOSITION by Defendant Heninger Garrison Davis, LLC re #96 Proposed MOTION for Partial Summary Judgment and Reply in Support of Motion for Summary Judgment (Doc. #89 ) (Attachments: #1 A. Schwarz Declaration in Support, #2 Exhibit 33, #3 Exhibit 34, #4 Exhibit 35, #5 Exhibit 36, #6 Exhibit 37)(Schwarz, Ashlea) (Modified on 3/6/2023 to add link to Doc. 89. (heo))
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Filing 101
ORDER. In light of anticipated motion for bifurcation, no further discovery shall take place on the new claim until further order of the Court. Defendant may submit its reply brief in support of its pending motion for summary judgment #89 as a joint brief with its response to plaintiffs' pending cross-motion for summary judgment, the deadline for which is March 3, 2023. Trial of this case is hereby set to begin on November 6, 2023, at 9:30 a.m.. Signed by District Judge John W. Lungstrum on 02/27/2023. (gw)
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Filing 100
MINUTE ENTRY for proceedings held before District Judge John W. Lungstrum: TELEPHONE CONFERENCE was held on 2/27/2023. Order to follow. (Court Reporter Sherry Harris.) (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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Filing 99
ORDER - Parties are directed to email chambers no later than 11:00 A.M. on Monday, February 27th, 2023, a statement of the issues to be discussed. Statement is not to exceed one page in length. Tag-a-long case Syngenta AG MIR162 Corn Litigation, 2:14-MD-02591-JWL. Signed by District Judge John W. Lungstrum on 2/23/2023. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)(alh)
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Filing 98
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Telephone Conference is set for 2/27/2023 at 01:30 PM before District Judge John W. Lungstrum. Parties are to call in to Telephone JWL - CONFERENCE LINE at 1-888-363-4749 and use ACCESS CODE 2126821. Tag-a-long case Syngenta AG MIR162 Corn Litigation, 2:14-MD-02591-JWL. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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Filing 97
MEMORANDUM IN OPPOSITION by Plaintiffs/Counter Defendants Burke Harvey, LLC, Crumley Roberts, LLP re #89 Motion for Summary Judgment AND Memorandum in Support of #96 Cross-Motion for Partial Summary Judgment. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M) (Jorgensen, Christian) Modified on 2/13/2023 to include the link to #96 . This document is both a response to #89 and a memorandum in support of #96 . (mam)
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Filing 96
CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT by Plaintiffs/Counter Defendants Burke Harvey, LLC, Crumley Roberts, LLP. (Jorgensen, Christian) Modified on 2/13/2023 to re-title. (mam)
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Filing 95
CERTIFICATE OF SERVICE of Responses to Plaintiff/Counterclaim Defendants' Second Interrogatories and Requests for Production by Timothy C. Davis, W. Lewis Garrison, Jr., W. Lee Gresham, III, Erik Heninger, Stephen Heninger, Heninger Garrison Davis, LLC (Schwarz, Ashlea)
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Filing 94
MODIFIED PROTECTIVE ORDER granting #93 Motion to Modify. Signed by District Judge John W. Lungstrum on 01/27/2023. (gw)
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Filing 93
Joint MOTION to Modify Protective Order by Defendants Timothy C. Davis, W. Lewis Garrison, Jr., W. Lee Gresham, III, Erik Heninger, Stephen Heninger, Heninger Garrison Davis, LLC (Schwarz, Ashlea)
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Filing 92
ORDER - Plaintiffs' motion for an extension (Doc. #91 ) is hereby GRANTED as unopposed. Plaintiffs shall file any response to #89 defendants' motion for summary judgment on or before February 10, 2023, and defendants shall file any reply in support of the motion on or before February 24, 2023. Tag-a-long case Syngenta AG MIR162 Corn Litigation, 2:14-MD-02591-JWL. Signed by District Judge John W. Lungstrum on 1/13/2023. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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Filing 91
Unopposed MOTION for Extension of Time to File Response as to #90 Memorandum in Support of Motion,,, #89 MOTION for Summary Judgment by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP (Jorgensen, Christian)
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Filing 90
MEMORANDUM IN SUPPORT of #89 MOTION for Summary Judgment by Defendants Timothy C. Davis, W. Lewis Garrison, Jr., W. Lee Gresham, III, Erik Heninger, Stephen Heninger, Heninger Garrison Davis, LLC, Counter Claimant Heninger Garrison Davis, LLC (Attachments: #1 Affidavit Ashlea Schwarz, #2 Ex 1, #3 Ex 2, #4 Ex 3, #5 Ex 4, #6 Ex 5, #7 Ex 6, #8 Ex 7, #9 Ex 8, #10 Ex 9, #11 Ex 10, #12 Ex 11A, #13 Ex 12, #14 Ex 13, #15 Ex 14, #16 Ex 15, #17 Ex 16, #18 Ex 17, #19 Ex 18, #20 Ex 19, #21 Ex 20, #22 Ex 21, #23 Ex 22, #24 Ex 23, #25 Ex 24, #26 Ex 25, #27 Ex 26, #28 Ex 27, #29 Ex 28, #30 Ex 29, #31 Ex 30, #32 Ex 31, #33 Ex 32, #34 Ex 33)(Paul, Richard)
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Filing 89
MOTION for Summary Judgment by Defendants Timothy C. Davis, W. Lewis Garrison, Jr., W. Lee Gresham, III, Erik Heninger, Stephen Heninger, Heninger Garrison Davis, LLC, Counter Claimant Heninger Garrison Davis, LLC (Paul, Richard)
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Filing 88
ORDER: All discovery on the new claim asserted in the amended complaint shall be completed by 3/31/2023. Final Pretrial Conference set for 4/20/2023 at 01:30 PM in KC Courtroom 440 (JWL/KHV) before District Judge John W. Lungstrum. Proposed Pretrial Order due by 4/13/2023. Dispositive motion deadline or any motion challenging expert testimony is 5/12/2023. Signed by District Judge John W. Lungstrum on 12/30/2022. (mls)
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Filing 87
MINUTE ENTRY for proceedings held before District Judge John W. Lungstrum: STATUS CONFERENCE was held on 12/29/2022. Counsel for both parties were present. Pre-trial Order to follow. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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Filing 86
NOTICE OF TELEPHONE CONFERENCE: Telephone Conference set for 12/29/2022 at 01:30 PM before District Judge John W. Lungstrum. Call in to Telephone JWL - CONFERENCE LINE 1-888-363-4749 and use ACCESS CODE 2126821. (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) (alh)
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Filing 85
ANSWER to #84 Amended Complaint by Timothy C. Davis, W. Lewis Garrison, Jr., W. Lee Gresham, III, Erik Heninger, Stephen Heninger, Heninger Garrison Davis, LLC.(Schwarz, Ashlea)
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Filing 84
FIRST AMENDED COMPLAINT against All Defendants, filed by Burke Harvey, LLC, Crumley Roberts, LLP. (Attachments: #1 Exhibit 1)(Jorgensen, Christian)
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SUMMONS ISSUED as to Timothy C. Davis, W. Lewis Garrison, Jr., W. Lee Gresham, III, Erik Heninger and Stephen Heninger. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry) (kmc)
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Filing 83
MEMORANDUM AND ORDER granting #78 Motion for Leave to Amend Complaint. Please see order for details. Signed by District Judge John W. Lungstrum on 11/10/2022. (gw)
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Filing 82
REPLY TO RESPONSE TO MOTION by Plaintiff Crumley Roberts, LLP, Burke Harvey, LLC re: #78 Motion for Leave to Amend Complaint, Motion to Amend Complaint (Attachments: #1 Exhibit A)(Jorgensen, Christian) Modified on 11/3/2022 to correct filers (ca).
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Filing 81
RESPONSE by Defendant/Counter Claimant Heninger Garrison Davis, LLC re #78 Second Motion for Leave to Amend Complaint. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5)(Schwarz, Ashlea)
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Filing 80
STIPULATION by Heninger Garrison Davis, LLC. (Schwarz, Ashlea)
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Filing 79
TRANSCRIPT of held 9/26/2022 before Judge John W Lungstrum, Court Reporter Nancy Wiss, 913-735-2354, nancy_wiss@ksd.uscourts.gov. Transcript purchased by: Paul Law Firm. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 1/17/2023. (nw)
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Filing 78
SECOND MOTION FOR LEAVE TO AMEND COMPLAINT by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP. (Jorgensen, Christian) Modified on 10/13/2022 to re-title. (mam)
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MINUTE ORDER terminating referral to magistrate judge. Magistrate Judge Kenneth G. Gale no longer assigned to case. Signed by Magistrate Judge Kenneth G. Gale on 9/27/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
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Filing 77
ORDER. Plaintiffs shall file any new motion to amend on or before October 14, 2022. Please see the order for additional details. Signed by District Judge John W. Lungstrum on 09/26/2022. (gw)
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Filing 76
MINUTE ENTRY for proceedings held before District Judge John W. Lungstrum: TELEPHONE CONFERENCE held on 9/26/2022. Christian Jorgensen appears for plaintiff. Ashlea Schwarz and Richard Paul appear for defendant. (Court Reporter Nancy Wiss.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ss)
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Filing 75
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Telephone Conference set for 9/26/2022 at 2:30 PM by Telephone before District Judge John W. Lungstrum. All parties participating in this phone conference are directed to dial the conference center line 888-363-4749, using access code 2126821 to join the conference.(ss)
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Filing 74
NOTICE of Clarification by Heninger Garrison Davis, LLC (Attachments: #1 Ex. A)(Schwarz, Ashlea)
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Filing 73
MEMORANDUM AND ORDER denying #66 Motion for Leave to Amend Complaint. Please see order for further detail. Signed by District Judge John W. Lungstrum on 09/16/2022. (gw)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #66 MOTION for Leave to Amend Complaint re #1 Notice of Removal. The motion will be resolved by the District Judge. (tl)
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Filing 72
NOTICE of Rescheduled Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Pretrial Conference is reset for 10/19/2022 at 02:00 PM via Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. (tl)
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Filing 71
CERTIFICATE OF SERVICE of Plaintiffs/Counterclaim Defendants' Third Set of Interrogatories and Requests for Production of Documents by Burke Harvey, LLC, Crumley Roberts, LLP. (Attachments: #1 Certificate of Service)(Jorgensen, Christian)
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Filing 70
REPLY TO RESPONSE TO MOTION by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP re: #66 Motion for Leave to Amend Complaint, (Attachments: #1 Exhibit A - Response to First Set of Interrogatories, #2 Exhibit B - Second Amended Response to First Set of Interrogatories, #3 Exhibit C - Emails)(Jorgensen, Christian)
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Filing 69
CERTIFICATE OF SERVICE of Plaintiffs' Supplemental Initial Disclosures by Burke Harvey, LLC, Crumley Roberts, LLP. (Attachments: #1 Exhibit Certificate of Service)(Jorgensen, Christian)
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Filing 68
RESPONSE TO MOTION by Defendant/Counter Claimant Heninger Garrison Davis, LLC re #66 Motion for Leave to Amend Complaint. (Schwarz, Ashlea) Modified title on 8/12/2022. (jsh)
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Filing 67
STATEMENT Joint Mediation by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP. (Jorgensen, Christian)
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Filing 66
MOTION for Leave to Amend Complaint re #1 Notice of Removal by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP (Attachments: #1 Exhibit Proposed First Amended Complaint)(Jorgensen, Christian)
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Filing 65
CERTIFICATE OF SERVICE of Plaintiffs' Second Set of Interrogatories and Requests for Production to Defendant by Burke Harvey, LLC, Crumley Roberts, LLP. (Attachments: #1 Exhibit Certificate of Service)(Jorgensen, Christian)
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Filing 64
ORDER granting #63 Motion for Leave to Appear Pro Hac Vice of Robert R. Tepper for Burke Harvey, LLC and Crumley Roberts, LLP pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Kenneth G. Gale on 7/8/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
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Filing 63
MOTION for attorney Robert R. Tepper to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5818764.) by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP (referred to Magistrate Judge Kenneth G. Gale) (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 ECF Registration Form)(Jorgensen, Christian)
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MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: INFORMAL DISCOVERY CONFERENCE held on 7/1/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
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Filing 62
NOTICE OF TELEPHONE CONFERENCE: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Informal Discovery Conference set for 7/1/2022 at 11:00 AM via Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. The parties are further required to send Chambers a joint email describing each party's position on the issues by 6/30/2022 at 12:00 PM. (tl)
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Filing 61
PROTECTIVE ORDER. Granting in part #60 Joint Motion for Protective Order. Section 9 was changed to indicate that the Court now requires parties to arrange a telephone conference with the undersigned Magistrate Judge prior to filing a discovery related motion. The protective order was otherwise entered as proposed. Signed by Magistrate Judge Kenneth G. Gale on 6/24/2022. (tl)
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Filing 60
Joint MOTION for Protective Order by Defendant Heninger Garrison Davis, LLC, Counter Claimant Heninger Garrison Davis, LLC (referred to Magistrate Judge Kenneth G. Gale) (Schwarz, Ashlea)
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Filing 59
ORDER, granting as unopposed, #58 Motion for Extension of Time to File a Motion to Compel. The deadline for Defendant Heninger Garrison Davis, LLC to file a motion to compel relating to Plaintiffs' responses to Defendant's first set of interrogatories and requests for production is extended to 7/15/2022. The parties are advised that the Court now requires that the parties arrange a telephone conference with the Magistrate Judge before filing a motion to compel. SO ORDERED. Signed by Magistrate Judge Kenneth G. Gale on 6/15/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
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Filing 58
MOTION for extension of time Defendant's Unopposed Motion to Extend the Time to Confer Relating to Plaintiff's Discovery Request by Defendant Heninger Garrison Davis, LLC, Counter Claimant Heninger Garrison Davis, LLC (referred to Magistrate Judge Kenneth G. Gale) (Schwarz, Ashlea)
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Filing 57
CERTIFICATE OF SERVICE of Plaintiffs' First Interrogatories and First Requests for Production to Defendant by Burke Harvey, LLC, Crumley Roberts, LLP. (Attachments: #1 Certificate of Service)(Jorgensen, Christian)
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Filing 56
CERTIFICATE OF SERVICE of Plaintiffs' Responses to Defendant's First Interrogatories and First Requests for Production of Documents by Burke Harvey, LLC, Crumley Roberts, LLP. (Attachments: #1 Certificate of Service)(Jorgensen, Christian)
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Filing 55
SCHEDULING ORDER: Estimated trial time 5 days. Discovery deadline 9/30/2022. Dispositive motion deadline 10/28/2022. Mediation deadline 9/2/2022. Mediation Notice or Confidential Settlement Report Due to Magistrate Judge on 8/2/2022. Proposed Pretrial Order due by 10/11/2022. Final Pretrial Conference set for 10/18/2022 at 02:00 PM by Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. Signed by Magistrate Judge Kenneth G. Gale on 5/4/2022. (tl)
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MINUTE ENTRY for proceedings held before Magistrate Judge Kenneth G. Gale: SCHEDULING CONFERENCE held on 5/4/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (tl)
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Filing 54
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Scheduling Conference set for 5/4/2022 at 11:00 AM by Telephone (KGG - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 5407703) before Magistrate Judge Kenneth G. Gale. The original date and time of the scheduling conference remains unchanged. The parties are instructed to call into Judge Gale's conference line at the scheduled time. (tl)
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Filing 53
NOTICE OF CANCELLED HEARING: Scheduling Conference set for 5/4/2022 at 11:00 AM before Judge Mitchell is cancelled. The Scheduling Conference will be reset before Judge Gale. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 52
ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Kenneth G. Gale for all further proceedings. Magistrate Judge Angel D. Mitchell no longer assigned to case. Signed by Magistrate Judge Angel D. Mitchell on 4/28/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ht)
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Filing 51
CERTIFICATE OF SERVICE of Defendant's Initial Disclosures by Heninger Garrison Davis, LLC. (Schwarz, Ashlea)
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Filing 50
CERTIFICATE OF SERVICE of Plaintiffs' Initial Rule 26 Disclosures by Burke Harvey, LLC, Crumley Roberts, LLP. (Attachments: #1 Certificate of Service of Plaintiffs' Initial Rule 26 Disclosures)(Jorgensen, Christian)
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Filing 49
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: (Relates to 21-2261; Crumley Roberts, LLP & Burke Harvey, LLC v Henninger Garrison Davis, LLC) Scheduling Conference set for 5/4/2022 at 11:00 AM via Telephone. CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 4/13/2022. Report of Parties Planning Meeting deadline 4/26/2022. Rule 26 Initial Disclosures Deadline set for 4/26/2022. Proposed Scheduling Order Deadline 4/26/2022. Please see Order for further detail. Signed by Magistrate Judge Angel D. Mitchell on 03/24/2022. Order filed in MDL 2591 DE#4655. (gw)
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Filing 48
CERTIFICATE OF SERVICE of First Interrogatories and First Request for Production by Heninger Garrison Davis, LLC. (Schwarz, Ashlea)
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Filing 47
CERTIFICATE OF SERVICE of First Interrogatories by Heninger Garrison Davis, LLC. (Schwarz, Ashlea)
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Filing 46
ANSWER to #35 Counterclaim and Affirmative Defenses by Burke Harvey, LLC, Crumley Roberts, LLP. (Jorgensen, Christian)
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Filing 45
MINUTE ORDER REASSIGNING CASE: Case reassigned to Magistrate Judge Angel D. Mitchell for all further proceedings. Magistrate Judge James P. O'Hara no longer assigned to case. Signed by deputy clerk on 3/4/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mam)
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Filing 44
ORDER (relates to Case No: 2:21-cv-02261-JWL-JPO Crumley Roberts LLP, et al., vs. Henninger Garrison Davis LLC) denying (37) Plaintiff's Motion to Dismiss or Strike Defendant's Counterclaim. Signed by District Judge John W. Lungstrum on 02/22/2022. (ses)
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Filing 43
REPLY TO RESPONSE TO MOTION by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP re: #37 Motion to Dismiss (Supplemental) (Jorgensen, Christian)
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Filing 42
SUPPLEMENT Response Brief re #39 Response to #37 Motion to Dismiss by Defendant Heninger Garrison Davis, LLC, Counter Claimant Heninger Garrison Davis, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schwarz, Ashlea) Modified entry relationship on 12/10/2021 (ca).
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Filing 41
MEMORANDUM AND ORDER (relates to Case No: 21-2261, Crumley Roberts, LLP and Burke Harvey, LLC v. Henninger Garrison Davis LLC ) - Plaintiffs' motion to dismiss or strike defendant's counterclaim (37) in case 2:21-cv-02261-JWL-JPO is hereby retained under advisement pending limited supplemental briefing as set forth herein. Defendant shall file a supplemental response brief on or before December 9, 2021, and plaintiffs shall file a supplemental reply brief on or before December 16, 2021. Signed by District Judge John W. Lungstrum on 12/01/2021. (ses)
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Filing 40
REPLY TO RESPONSE TO MOTION by Plaintiff Crumley Roberts, LLP re: #37 Motion to Dismiss (Jorgensen, Christian)
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Filing 39
RESPONSE by Defendant Heninger Garrison Davis, LLC, Counter Claimant Heninger Garrison Davis, LLC re #37 Motion to Dismiss of Plaintiffs Crumley Roberts, LLP and Burke Harvey, LLC (Schwarz, Ashlea)
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Filing 38
ENTRY OF APPEARANCE by Richard M. Paul, III on behalf of Heninger Garrison Davis, LLC. (Paul, Richard)
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Filing 37
MOTION to Dismiss Defendant's Counterclaim by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP (Jorgensen, Christian)
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Filing 36
ENTRY OF APPEARANCE by Ashlea G. Schwarz on behalf of Heninger Garrison Davis, LLC. (Schwarz, Ashlea)
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Filing 35
ANSWER to Complaint AND COUNTERCLAIM against All Plaintiffs by Heninger Garrison Davis, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baricevic, John)
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Filing 34
ORDER granting ( 4640 filed in case 2:14-md-02591-JWL-JPO) Henninger Garrison Davis LLC's Motion to Clarify. The court orders that the 09/09/2021 Memorandum and Order 4639 is clarified as follows: Heninger Garrison Davis, LLC answer or motion to dismiss, if applicable, shall not be due until 14 days after a timely amended complaint or October 8, 2021, in the event an amended complaint is not filed. Signed by District Judge John W. Lungstrum on 09/22/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses)
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Filing 33
MEMORANDUM AND ORDER (relates to Case No: 21-2261, Crumley Roberts, LLP, et al., v. Henninger Garrison Davis, LLC) granting in part and denying in part defendant's amended motion to dismiss (4627) in case 2:14-md-02591-JWL-JPO and (29) 2:21-cv-02261-JWL-JPO. The motion is granted with respect to plaintiffs' equitable estoppel claim, and that claim is hereby dismissed, although plaintiffs are granted leave to amend that claim by filing an amended complaint on or before September 23, 2021. The motion is otherwise denied. Signed by District Judge John W. Lungstrum on 09/09/2021. (ses)
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Filing 32
REPLY TO RESPONSE TO MOTION by Defendant Heninger Garrison Davis, LLC re: #29 Motion to Dismiss. Also filed in MDL 2591; DE# 4637. (gw)
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Filing 31
RESPONSE by Plaintiffs Burke Harvey, LLC, Crumley Roberts, LLP re #29 Motion to Dismiss (Jorgensen, Christian)
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Filing 30
ORDER - In light of the filing of #29 Defendant's Amended Motion to Dismiss, the court deems moot #15 Defendant's Motion to Dismiss. Signed by District Judge John W. Lungstrum on 07/21/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ses)
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Filing 29
AMENDED MOTION to Dismiss and Incorporated Memorandum of Law in Support by Defendant Heninger Garrison Davis, LLC. Also filed in main MDL 2591 (DE# 4627). (Attachments: #1 Exhibit 1) (gw)
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Filing 28
MEMORANDUM AND ORDER (relates ONLY to case no: 20 in 2:21-cv-02261-JWL-JPO, Crumley Roberts LLP and Burke Harvey, LLC v. Henninger Garrison Davis LLC) - The MOTION to Remand and for Attorney Fees and Costs by Burke Harvey, LLC, Crumley Roberts, LLP. filed by Crumley Roberts, LLP, Burke Harvey, LLC (doc. 20 in Case No:2:21-cv-02261-JWL-JPO) is DENIED. Defendant shall have until 07/19/2021 to file an amended motion to dismiss but in the event that defendant chooses not to file an amended motion, the plaintiffs shall file a response to the original motion to dismiss on or before 08/09/2021. (SEE ORDER FOR DETAILS). Signed by District Judge John W. Lungstrum on 07/09/2021. (ses)
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Filing 27
ORDER - All filing deadlines are stayed in this case pending ruling on the motion to remand. Signed by District Judge John W. Lungstrum on 06/23/2021. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ses)
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Filing 26
CASE TRANSFERRED IN from District of Illinois Southern; Case Number 3:21-cv-00315. Electronic file certified copy of transfer order and docket sheet received. (hw)
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Filing 25
CERTIFIED ORDER TRANSFERRING CASE TO OTHER DISTRICT Re MDL No. 2591 In Re: Syngenta AG MIR162 Corn Litigatioon. Case transferred to District of Kansas.(lmb) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 24
PRELIMINARY CONDITIONAL TRANSFER ORDER (MDL No. 2591) In Re: Syngenta AG MIR162 Corn Litigation signed by Multidistrict Litigation Panel. (lmb) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 23
REPLY to Response to Motion re #20 MOTION to Remand and for Attorney Fees and Costs filed by Burke Harvey, LLC, Crumley Roberts, LLP. (Jorgensen, Christian) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 22
RESPONSE in Opposition re #20 MOTION to Remand and for Attorney Fees and Costs filed by Heninger Garrison Davis, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baricevic, C.) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 21
ORDER denying #16 Motion to Shorten Time for Responses. On March 31, 2021, Defendant moved to dismiss Plaintiffs' complaint for failure to state a claim. By motion dated April 1, 2021, Defendant seeks to shorten the response deadlines for the motion to dismiss. Plaintiffs, however, have moved to remand this action to state court, arguing that there is no federal subject matter jurisdiction over the dispute between the parties. Plaintiffs also oppose the request to modify the motion to dismiss briefing schedule and instead ask that the deadline for responding be extended to 14 days after a ruling is issued on the pending motion to remand. Before weighing the merits of Plaintiffs' complaint, the Court must be assured that subject matter jurisdiction exists over this action. As such, Defendant's motion to shorten time for responses (Doc. #16 ) is DENIED. Briefing on Defendant's motion to dismiss (Doc. #15 ) is STAYED pending a ruling on Plaintiffs' motion to remand. A briefing schedule on the motion to dismiss will be set, if necessary, after the motion to remand is resolved. Signed by Judge David W. Dugan on 4/15/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/9/2021.]
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Filing 20
MOTION to Remand and for Attorney Fees and Costs by Burke Harvey, LLC, Crumley Roberts, LLP. Responses due by 5/10/2021 (Attachments: #1 Exhibit A-D)(Jorgensen, Christian) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 19
Corporate Disclosure Statement by Burke Harvey, LLC. (Jorgensen, Christian) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 18
Corporate Disclosure Statement by Crumley Roberts, LLP. (Jorgensen, Christian) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 17
RESPONSE in Opposition re #16 MOTION To Shorten Time For Responses filed by Burke Harvey, LLC, Crumley Roberts, LLP. (Jorgensen, Christian) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 16
MOTION To Shorten Time For Responses by Heninger Garrison Davis, LLC. (Baricevic, C.) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 15
MOTION to Dismiss Complaint by Heninger Garrison Davis, LLC. Responses due by 5/3/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Baricevic, C.) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 14
ORDER Reserving Ruling as to #5 MOTION to Stay filed by Heninger Garrison Davis, LLC. A conditional transfer order has been issued for this action. Plaintiffs intend to object to the order. Additionally, Plaintiffs indicate in their response to Defendant's motion to stay that they intend to file a motion to remand in this action. The Court therefore RESERVES RULING on Defendant's motion to stay (Doc. #5 ) until it can be considered alongside Plaintiffs' anticipated motion to remand. See Meyers v. Bayer AG, 143 F.Supp.2d 1044 (E.D. Wis. 2001)(explaining the three-question analysis district courts must apply when faced with a motion to remand and a motion to stay proceedings pending a potential MDL transfer, which requires district courts to conduct a prompt preliminary assessment of jurisdiction before staying a case). Signed by Judge David W. Dugan on 3/30/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/9/2021.]
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Filing 13
RESPONSE in Opposition re #5 MOTION to Stay filed by Burke Harvey, LLC, Crumley Roberts, LLP. (Attachments: #1 Exhibit A-E)(Jorgensen, Christian) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 12
NOTICE of Appearance by Christian J. Jorgensen on behalf of Burke Harvey, LLC (Jorgensen, Christian) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 11
NOTICE by Crumley Roberts, LLP re 9 Order,,,,, Set Motion and R&R Deadlines/Hearings,,,, (Attachments: #1 Notice of Opposition)(Jorgensen, Christian) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 10
NOTICE of Appearance by Christian J. Jorgensen on behalf of Crumley Roberts, LLP (Jorgensen, Christian) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 9
ORDER as to #5 MOTION to Stay. By motion dated March 19, 2021, Defendant seeks to stay this action because it involves a dispute arising out of a fee and expense award issued by United States District Judge John Lungstrum, who is presiding over multidistrict litigation in In re: Syngenta AG MIR162 Corn Litigation, 2:14-MD-02591-JWL-JPO. Defendant has supplemented its motion with a notice that a conditional transfer order transferring this action to the District of Kansas was entered, as the MDL court retained jurisdiction over disputes arising from the fee and expense award. If Plaintiffs do not object to the transfer order by March 31, 2021, this action will be transferred. Before staying this action in its entirety, the Court will allow Plaintiffs to file any objections to Defendant's motion to stay, but a shorter response period is warranted by the particular posture of this case. Accordingly, Plaintiffs' responses or objections to Defendant's motion to stay shall be filed by March 29, 2021. Signed by Judge David W. Dugan on 3/25/21. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/9/2021.]
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Filing 8
NOTICE by All Defendants re #5 MOTION to Stay (Attachments: #1 Exhibit B)(Baricevic, C.) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 7
NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge David W. Dugan for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 3:21-cv-00315-DWD. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 6/9/2021.]
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Filing 6
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Baricevic, C.) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 5
MOTION to Stay by Heninger Garrison Davis, LLC. (Attachments: #1 Exhibit A)(Baricevic, C.) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 4
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:21-cv-00315-RJD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 4/8/2021 (clt) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 3
EXHIBIT by Heninger Garrison Davis, LLC. Exhibit to #1 Notice of Removal . (Baricevic, C.) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 2
NOTICE of Appearance by C. John Baricevic on behalf of Heninger Garrison Davis, LLC (Baricevic, C.) [Transferred from Illinois Southern on 6/9/2021.]
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Filing 1
NOTICE OF REMOVAL from Madison County Circuit Court, case number 2021L00260, filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Baricevic, C.) [Transferred from Illinois Southern on 6/9/2021.]
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Filing fee: $ 402.00, receipt number 34625107238 (clt) [Transferred from Illinois Southern on 6/9/2021.]
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