Votava v. Ericson et al
Plaintiff: Kirsten Votava
Defendant: James Ericson and Industrial Transport Service, LLC doing business as ITS
Case Number: 4:2023cv01608
Filed: December 14, 2023
Court: US District Court for the Eastern District of Missouri
Presiding Judge: Joseph S Dueker
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332 Diversity-Petition for Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 8, 2024 Filing 24 NOTICE of Filing Deficiency re #23 Disclosure Statement filed by Defendant Industrial Transport Service, LLC. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Party filed the Disclosure Statement in this action in which jurisdiction is based on diversity under 28 U.S.C.1332(a) but, did not identify the name and citizenship of every individual or entity whose citizenship is attributed to that party or intervenor, including all members, sub-members, general and limited partners, and corporations. Additionally, section 2 must include the state of incorporation/formation, and the primary state of business. An amended Disclosure Statement must be filed. (ANR)
February 7, 2024 Filing 23 DISCLOSURE STATEMENT by Industrial Transport Service, LLC. No corporate parents or affiliates identified. (Godfrey, James)
January 26, 2024 Filing 22 RESPONSE in Opposition re #4 MOTION to Strike Allegations of Punitive Damages filed by Plaintiff Kirsten Votava. (Labovitz, Brent)
January 26, 2024 Filing 21 FULL CONSENT has been received by Defendants James Ericson, Industrial Transport Service, LLC, Plaintiff Kirsten Votava. (CBL)
January 26, 2024 Notice from Clerk instructing Defendant Industrial Transport Service, LLC to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 2/2/2024. (CBL)
January 25, 2024 Opinion or Order Filing 20 AMENDED CASE MANAGEMENT ORDER - IT IS HEREBY ORDERED that the following schedule shall apply in this case, and will be modified only upon a showing of exceptional circumstances: (See order for full details.) Motion to Join Parties due by 6/14/2024. Discovery Completion due by 8/21/2024. ADR Future Reference 8/15/2024. ADR Completion Deadline due by 10/1/2024. ADR Compliance Report Deadline due by 10/15/2024. Dispositive Motions due by 10/23/2024. Jury Trial set for 4/7/2025 09:00 AM in Courtroom 17N - St. Louis before Magistrate Judge Joseph S. Dueker. Pretrial Conference set for 4/3/2025 01:30 PM in Courtroom 17N - St. Louis before Magistrate Judge Joseph S. Dueker.. Signed by Magistrate Judge Joseph S. Dueker on 1/25/24. (KJS)
January 24, 2024 Opinion or Order Filing 19 CASE MANAGEMENT ORDER - This case is assigned to Track: TRACK 2: STANDARD Motion to Join Parties due by 6/14/2024. Discovery Completion due by 8/21/2024. ADR Future Reference 8/15/2024. Dispositive Motions due by 10/23/2024. Jury Trial set for 3/3/2025 09:00 AM in Courtroom 17N - St. Louis before Magistrate Judge Joseph S. Dueker. Pretrial Conference set for 2/20/2025 01:30 PM in Courtroom 17N - St. Louis before Magistrate Judge Joseph S. Dueker.. Signed by Magistrate Judge Joseph S. Dueker on 1/24/24. (KJS)
January 24, 2024 Filing 18 Electronic Notice re: Disclosure Statement to Defendants James Ericson, Industrial Transport Service, LLC - THIRD NOTICE. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (KJS)
January 17, 2024 Filing 17 JOINT SCHEDULING PLAN by Plaintiff Kirsten Votava. . (Labovitz, Brent)
January 12, 2024 Filing 16 Consent to Removal by Defendant Industrial Transport Service, LLC. (Godfrey, James)
January 12, 2024 Filing 15 Defendant Industrial Transport Service, LLC ANSWER to Complaint by Industrial Transport Service, LLC.(Godfrey, James)
January 11, 2024 Filing 14 Electronic Notice re: Disclosure Statement to Defendant James Ericson - SECOND NOTICE. Pursuant to Local Rule 2.09, every non-governmental party, including individuals, or intervenors must file a Disclosure Statement in this case immediately upon entering an appearance. Individual parties must list their name and state of citizenship in Section 2. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (CBL)
January 4, 2024 Opinion or Order Filing 13 Docket Text ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Leave for Additional Time to Respond to Defendant Ericson's Motion to Strike Allegations of Punitive Damages (ECF No. 12) is GRANTED. Plaintiff shall file her response to Ericson's Motion to Strike Allegations of Punitive Damages no later than January 26, 2024. Signed by Magistrate Judge Joseph S. Dueker on 1/4/24. (JXB)
January 4, 2024 Filing 12 First MOTION for Leave to Respond to Defendant Ericson's Motion to Strike Allegations of Punitive Damages by Plaintiff Kirsten Votava. (Labovitz, Brent)
January 2, 2024 Filing 11 DISCLOSURE STATEMENT by Kirsten Votava. No corporate parents or affiliates identified. (Labovitz, Brent)
January 2, 2024 Electronic Notice re: Disclosure Statement to Defendant James Ericson, Plaintiff Kirsten Votava. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible and add all individuals and entities into CM/ECF as required # (moed-0001.pdf). (KJS)
December 28, 2023 Opinion or Order Filing 10 ORDER REQUIRING JOINT PROPOSED SCHEDULING PLAN AND SCHEDULING RULE 16 CONFERENCE This case is assigned to Track: Track 2 - IT IS HEREBY ORDERED that all counsel in this matter shall be familiar with the Courts Local Rules and shall read the Administrative Procedures for Case Management/Electronic Case Filing (CM/ECF) and the undersigneds Requirements and Federal Practice Tips at www.moed.uscourts.gov. IT IS FURTHER ORDERED that: [SEE FULL ORDER FOR DETAILS.] (Joint Scheduling Plan due by 1/17/2024. Rule 16 Conference set for 1/24/2024 10:00 AM in Chambers before Magistrate Judge Joseph S. Dueker.). Signed by Magistrate Judge Joseph S. Dueker on 12/28/2023. (JMP)
December 27, 2023 Notice from Clerk instructing Plaintiff Kirsten Votava to submit Notice regarding Magistrate Judge Jurisdiction. Click #here for the instructions. Notice re: Magistrate Judge Jurisdiction due by 1/3/2024. (KJS)
December 15, 2023 Filing 8 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (auto)
December 15, 2023 Filing 7 Petition (Removal/Transfer) Received From: St. Louis County Circuit Court, filed by Kirsten Votava.(JWD)
December 15, 2023 Case Opening Notification. Judge Assigned: Honorable Joseph S. Dueker. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JWD)
December 14, 2023 Filing 6 ENTRY of Appearance by Kerry Bridget Banahan for Defendant James Ericson. (Banahan, Kerry)
December 14, 2023 Filing 5 ENTRY of Appearance by James E. Godfrey, Jr for Defendant James Ericson. (Godfrey, James)
December 14, 2023 Filing 4 MOTION to Strike Allegations of Punitive Damages by Defendant James Ericson. (Godfrey, James)
December 14, 2023 Filing 3 NOTICE OF FILING NOTICE OF REMOVAL filed by Defendant James Ericson Sent To: Plaintiff (Attachments: #1 Exhibit Notice of Filing Notice of Removal (State Court))(Godfrey, James)
December 14, 2023 Filing 2 ANSWER to Complaint by James Ericson.(Godfrey, James)
December 14, 2023 Filing 1 NOTICE OF REMOVAL from St. Louis County, case number 23SL-CC04362, with receipt number AMOEDC-10328891, in the amount of $405 Jury Demand,, filed by James Ericson. (Attachments: #1 Form Original Filing Form, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B)(Godfrey, James)

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Plaintiff: Kirsten Votava
Represented By: Brent E. Labovitz
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Defendant: James Ericson
Represented By: James E. Godfrey, Jr.
Represented By: Kerry Bridget Banahan
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Defendant: Industrial Transport Service, LLC doing business as ITS
Represented By: James E. Godfrey, Jr.
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