Central States Health & Welfare Fund et al v. Contreras et al
| Central States Health & Welfare Fund and Charles A Whobrey |
| Mercedes Contreras, Samantha Sanford and Norma Hernandez |
| 3:2024cv01149 |
| May 15, 2024 |
| US District Court for the Northern District of Texas |
| Brantley Starr |
| Renee Harris Toliver |
| Labor: Employee Retirement Income Security Act (ERISA) |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
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Filing 68
Electronic Standing Order - If they have not already done so, all attorneys appearing in this case must file a Certificate Regarding Judge-Specific Requirements on the docket attesting that they have read, and will comply with, the judge-specific requirements for this Court, including the Court's order concerning generative artificial intelligence. The judge-specific requirements and a template Certificate may be found at: # Certificate Regarding Judge-Specific Requirements. To file the Certificate, please use the event entitled Certificate Regarding Judge-Specific Requirements. This event is located in the Other Documents selection, which is under the Other Filings category of the Civil page in ECF. Please contact the ECF help desk at 214-753-2633 for filing assistance. (Ordered by Judge Brantley Starr on 5/15/2024) (ndt)
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| Filing 67 New Case Notes: A filing fee is not due for this case. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Case received over counter or electronically. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Toliver). Clerk to provide copy to plaintiff if not received electronically. (ndt) |
| Filing 66 Case electronically transferred in from District of Illinois Northern; Case Number 1:23-cv-01301. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed. |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:68. Wed May 15 10:50:06 CDT 2024 (crt) |
| Filing 65 TRANSFERRED to the USDC Northern District of Texas the electronic record (axk, ) Modified on 5/14/2024 (axk, ). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 64 MINUTE entry before the Honorable Franklin U. Valderrama: This matter was filed in this District based on an Interpleader-ERISA action brought by Plaintiff Central States. Subsequently, Central States deposited the proceeds with the Clerk of Court and was dismissed. #44 . Claimants (Sanford, Contreras, and Hernandez) to the proceeds have filed cross-claims and proceeded with discovery, which is now complete. #55 . Having considered the record, the Court sua sponte transfers this case to the Northern District of Texas. 28 U.S.C. 1404(a); In re Ryze Claims Sol., LLC, 968 F.3d 701, 706 n.5 (7th Cir. 2020) ("It is well established that a district court has the authority to sua sponte transfer a case under 28 U.S.C. 1404."). The Court finds that the Northern District of Texas is the more appropriate venue for resolution of this case, as all Claimants and prospective witnesses are residents of and domiciled in Texas, and the central issue in this matter concerns whether Claimant Sanford and the decedent Nelson Contreras were common law husband and wife under Texas law. Cross-claimants Contreras and Hernandez deny the alleged common law marital status. Given the location of the parties and prospective witnesses, and the underlying issues in this case, the Court further finds that transferring this case to the Northern District of Texas "will serve the convenience of the parties and witnesses and is in the interest of justice." Nicks v. Koch Meat Co., 260 F. Supp. 3d 942, 954 (N.D. Ill. 2017) (citing Coffey v. Van Dorn Iron Works, 796 F.2d 217, 21920 (7th Cir. 1986)). Accordingly, the Clerk shall transfer this case to the Northern District of Texas. All future filings should be made in the new case number assigned by the Northern District of Texas. Mailed notice (mjc, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 63 MINUTE entry before the Honorable Franklin U. Valderrama: On 3/28/24, Defendant Sanford, without leave from this Court, filed an answer, counterclaim, and jury demand #57 , despite having filed with the benefit of counsel an answer and counterclaim, which did not include a jury demand, in this matter on 4/17/23. See #19 , #20 , and #22 . Defendants Contreas and Hernandez moved to strike Defendant Sanford's newly filed answer, counterclaim, and jury demand #59 . Under FRCP 15, a pleading may be amended once, as a matter of course, within 21 days after the pleading is served. After that period, a party may only amend their pleadings with leave of court or with the opposing party's consent. FRCP 15(a)(1)-(2). Here, Defendant Sanford is outside of the 21-day window, and neither the Court nor the opposing parties consented to the newly filed answer. Furthermore, regarding Defendant Sanford's newly filed jury demand, under FRCP 38(b), a jury demand must be filed no later than 14 days after the last pleading directed to the issue is served. FRCP 38(b)(1). The failure of a party to serve and file a jury demand results in a waiver. FRCP 38(d). However, upon motion, the Court has the discretion to grant an untimely request for a jury trial pursuant to Federal Rule of Civil Procedure 39(b). Synet, Inc. v. Microsoft Corp., 1998 WL 102707, at *2 (N.D. Ill. Mar. 2, 1998). Here, again, Defendant Sandford is outside of the 14-day window, and she has not filed a motion explaining why the Court should consider a late jury demand. For the foregoing reasons, Defendant Sandford's newly filed answer, counterclaim, and jury demand #57 are stricken. Mailed notice (mjc, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 62 MINUTE entry before the Honorable Franklin U. Valderrama: Based on the appearance #60 filed by Defendant Sanford, the Court denies Defendants Hernandez and Contreas's motion for entry of default #56 . See Sun v. Bd. of Trustees of Univ. of IL, 473 F.3d 799, 811 (7th Cir. 2007) (the Seventh Circuit has a "well established policy favoring a trial on the merits over a default judgment," and "default judgment should be used only in extreme situations, or when other less drastic sanctions have proven unavailing"). Going forward, the Court expects all parties to meet all Court deadlines.Mailed notice (mjc, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 61 NOTICE of Correction regarding pro se appearance #58 . (jb, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 59 MOTION by Defendants Mercedes Contreras, Norma Hernandez, Cross Claimants Mercedes Contreras, Norma Hernandez, Cross Defendants Mercedes Contreras, Norma Hernandez to strike answer to complaint, crossclaim #57 , pro se appearance #58 and jury demand (Deutschman, Jeffrey) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 60 PRO SE Appearance by Defendant Samantha Sanford (Received by mail in the Clerk's Office on 3/28/2024) (envelope postmarked 3/23/2024). (jb, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 58 ENTERED IN ERROR (jb, ) Modified on 4/3/2024 (jb, ). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 57 ANSWER to Complaint, CROSSCLAIM by Samantha Sanford against Charles A Whobrey by Samantha Sanford (received by mail in the Clerk's Office on 3/28/2024) (envelope postmarked 3/23/2024).(jb, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 56 MOTION by Defendants Mercedes Contreras, Norma Hernandez for default judgment as to Samantha Sanford (Skafish, Bradley) [Transferred from Illinois Northern on 5/15/2024.] |
| MAILED Court's minute order dated 3/4/2024 (doc. #55) and a pro se appearance form to Samantha Sanford 801 Willowbrook Drive Mesquite, TX 75149. (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 55 MINUTE entry before the Honorable Sheila M. Finnegan. Magistrate Judge telephone status hearing held on 3/5/2024. Counsel for Mercedes Contreras and Norma Hernandez appeared, and Samantha Sanford appeared on her own behalf as she is unrepresented. Ms. Sanford informed the Court that she has no interest in further settlement negotiations. The Court reminded Ms. Sanford that she must complete and mail to the Clerk of Court the pro se appearance form that was previously mailed to her and will now be sent once again. Ms. Sanford is to place the completed form in the mail to the Clerk's Office, Dirksen U.S. Courthouse, 219 S. Dearborn Street, 20th Fl, Chicago, IL 60604. All matters relating to the referral have been completed so the referral is closed. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| MAILED a copy of the Court's minute orders dated 2/14/2024 (doc. #53 , #54 ) and a pro se appearance form to Defendant Samantha Sanford address of record at 300 Jasanda Way Mesquite, TX 75149. (jj, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 54 MINUTE entry before the Honorable Sheila M. Finnegan: Telephone status hearing is set on 3/5/2024 at 1 p.m. central time with parties Contreras, Hernandez, and Sanford to discuss the status of the case. If Ms. Sanford is not represented by counsel, she must dial in by telephone and participate in this hearing. She is cautioned that failure to comply with this order and participate in the hearing (either directly or through counsel) may result in entry of a default judgment against her. The toll-free number for the hearing is 877-336-1831, access code 5995354. Participants are directed to keep their device muted when they are not speaking. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. The Clerk of the Court is instructed to mail this order and a copy of the pro se appearance form to Ms. Sanford's address of record (300 Jasanda Way Mesquite, TX 75149). Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 53 MINUTE entry before the Honorable Sheila M. Finnegan: Telephone conference held on 2/12/2024 with counsel for parties Mercedes Contreras and Norma Hernandez regarding the possibility of settlement. On 2/12/2024, the Court attempted without success to schedule a telephone conference with party Samantha Sanford (no longer represented by counsel) to discuss a possible settlement. The Courtroom deputy left multiple voicemail messages on 2/12/2024 and 2/14/2024 that have not yet been returned. The Court does not have an email address for Ms. Sanford as she has not yet complied with the district judge's order on 1/22/2024 #50 to either file a pro se appearance form or have new counsel appear on her behalf by 2/12/2024. As a result, the Court will direct the Clerk to mail this order to Ms. Sanford at her address of record. As soon as she receives the letter, she is to (1) contact the courtroom deputy by email scott_white@ilnd.uscourts.gov or by telephone 312-408-5110 to schedule a call with Judge Finnegan to discuss a possible settlement; and (2) mail the pro se appearance form to the Clerk's office, including her email address. A link to the pro se appearance form is found at https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_online/ProSeAppfill.pdf. In addition, the form will be mailed to Ms. Sanford along with this order. Ms. Sanford is cautioned that if she neither files a pro se appearance nor retains an attorney to appear on her behalf, a default judgment may be entered against her that would bar her from potentially recovering funds in this matter. The Clerk of the Court is instructed to mail this order and a copy of the pro se appearance form to Ms. Sanford's address of record (300 Jasanda Way Mesquite, TX 75149). Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 52 Position STATEMENT by Mercedes Contreras, Norma Hernandez (Skafish, Bradley) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 51 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' joint status report #49 . The Court reminds the parties that the district court has the authority to sua sponte transfer a case under 28 U.S.C. 1404(a). In re Ryze Claims Sol., LLC, 968 F.3d 701, 706 n.5 (7th Cir. 2020) ("It is well established that a district court has the authority to sua sponte transfer a case under 28 U.S.C. 1404."). Based on the joint status report, the Court orders Mercedes Contreras and Norma Hernandez to file a position statement, limited to 10 pages, by 02/05/2024 showing cause why the lawsuit should not be transferred pursuant to 28 U.S.C. 1404(a) to the Northern District of Texas. Contreras and Hernandez must address each of the 1404(a) factors, and must also address the requirements of 28 U.S.C 1391(b) and (c). Emailed notice (axc). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 50 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants the motion of attorney for Samantha Sanford to withdraw #47 . Attorney John H. Wickert is withdrawn as counsel for Ms. Sanford. For legal assistance, the Court directs Ms. Sanford's attention to the U.S. District Court Hibbler Memorial Pro Se Assistance Program, information about which can be found at: https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ== or 312-435-5691. Ms. Sanford is directed to file an Appearance Form for Pro Se Litigants, or to have new counsel file an appearance on her behalf, on or before 02/12/2024. The Clerk of the Court is instructed to update Ms. Sanford's contact information on the docket and to mail this order to her at the address listed in the Local Rule 83.17 Notice available at R. 47-1. Emailed notice (axc).. [Transferred from Illinois Northern on 5/15/2024.] |
| MAILED copy of Minute Entries #50 #51 to Defendant Samantha Sanford. (axc). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 49 STATUS Report Joint Status Report by Mercedes Contreras, Norma Hernandez, Samantha Sanford (Wickert, John) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 48 MINUTE entry before the Honorable Franklin U. Valderrama: On 12/28/2023, the Court ordered the parties to file a joint status report by 1/12/2024 with information relating to whether any party intended to move for summary judgment, and if no party intended to move for summary judgment, to address: (1) whether the parties consent to proceeding with trial before the Magistrate Judge, (2) the anticipated number of days for trial, and (3) the expected number of witnesses. Based on the docket and relief sought in the Complaint, the Court noted that this matter would be proceeding to a bench trial. If any party disagrees, that party shall state its position, and support it with pertinent authority, in the joint status report. No joint status report has been filed and the Court admonishes the parties for failing to follow the Court's direction. The Court orders the parties to file such joint status report by 01/19/2024. In addition to the information previously requested, the Court also requires the parties to state their position on a possible change of venue given that all remaining parties reside in Texas, and to identify their respective positions on where this action may have been brought, and whether each party consents to such transfer. The Court takes the motion to withdraw for Samantha Sanford #47 under advisement. Emailed notice (axc). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 47 MOTION by Attorney John Wickert to withdraw as attorney for Samantha Sanford. New address information: 300 Jasanda Way, Mesquite TX 75149 (Attachments: #1 Exhibit Notification of Party Contact)(Wickert, John) [Transferred from Illinois Northern on 5/15/2024.] |
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Filing 46
ORDER TO DISMISS PLAINTIFF CENTRAL STATES HEALTH AND WELFARE FUND: Signed by the Honorable Franklin U. Valderrama on 1/9/2024. Emailed notice (axc). [Transferred from Illinois Northern on 5/15/2024.]
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| Filing 45 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Plaintiff Central States' agreed motion to be dismissed as a party to further proceedings #44 is granted. Central States is terminated from this case. Enter Order. Emailed notice (axc). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 44 MOTION by Plaintiffs Central States Health & Welfare Fund, Charles A Whobrey to dismiss Agreed (Carey, Francis) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 43 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 42 MINUTE entry before the Honorable Franklin U. Valderrama: By 01/12/ 2024, the parties are directed to file a status report stating whether any party intends to move for summary judgment, and if so, if more than one party intends to move for summary judgment, they should provide a proposed briefing schedule that is comprised of four briefs instead of six (e.g., (1) Party A's opening motion, (2) Party B's cross-motion and response to Party A's motion, (3) Party A's reply and response to Party B's cross-motion, (4) Party B's reply to cross-motion). If no party intends to move for summary judgment, the status report should indicate: (1) whether the parties consent to proceeding with trial before the Magistrate Judge, (2) the anticipated number of days for trial, and (3) the expected number of witnesses. Based on the docket and relief sought in the Complaint, the Court understands this matter will proceed to a bench trial. If any party disagrees, that party shall state its position, and support it with pertinent authority, in the joint status report. Emailed notice (axc). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 41 MINUTE entry before the Honorable Sheila M. Finnegan: The parties have declined the Court's settlement recommendation. All matters relating to the referral have been completed so the referral is closed. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 40 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 12/7/2023. Counsel for Contreras/Hernandez and counsel for Sanford do not oppose the Court making a settlement recommendation on the terms described during the hearing (i.e., their clients separately respond to the recommendation, and the Court does not disclose the responses absent a settlement). If the case does not settle, the parties are in agreement that the case is ready for trial. Settlement recommendation was sent to the parties by email following today's hearing. They are to separately respond and either accept or reject the recommendation by 12/22/2023. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 39 MINUTE entry before the Honorable Sheila M. Finnegan: Settlement conference held (by video) on 12/1/2023. The parties were unable to reach a settlement. Telephone status hearing is set for 12/7/2023 at 10 a.m. The toll-free number for the hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 38 MINUTE entry before the Honorable Sheila M. Finnegan: Separate telephone conference calls held on 11/22/2023 with counsel for Contreras & Hernandez and counsel for Sanford regarding settlement issues. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 37 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 11/7/2023. Party depositions are complete. The parties agree to participate in a settlement conference. Settlement conference (by videoconference) is set for 12/1/2023 at 11:00 a.m. All participants must be available at 10:30 a.m. on the day of the conference to receive and open a link to Webex and be instructed by the courtroom deputy on using the camera, audio, and messaging features. By 11/8/2023, counsel are to send a joint email to chambers_finnegan@ilnd.uscourts.gov that either confirms this date/time or seeks an alternative. The parties are to email their settlement letters to this same email address by 11/14/2023. By agreement, they will not copy opposing counsel; however, the Court will distribute both settlement letters to each counsel after receiving them. The Court will have separate telephone conferences with counsel for the parties on 11/22/2023 at 9:15 a.m. with counsel for Contreras & Hernandez and at 10:15 a.m. with counsel for Sanford. The parties are directed to review and comply with Magistrate Judge Finnegan's Standing Order for Settlement Conferences (available on the court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge Finnegan and then the link for "Settlement Conferences"). Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 36 MINUTE entry before the Honorable Sheila M. Finnegan: The telephone status set on 11/8/2023 is cancelled and reset to 11/7/2023 at 9:30 a.m. The toll-free number for the hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 35 MINUTE entry before the Honorable Sheila M. Finnegan: The telephone status set on 10/17/2023 is cancelled and reset to 11/8/2023 at 9:15 a.m. The toll-free number for the hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 34 MINUTE entry before the Honorable Sheila M. Finnegan: Motion for extension of time to complete discovery #33 is granted. Discovery is to be completed by 11/6/2023. Mailed notice (Finnegan, Sheila) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 33 MOTION by Cross Defendant Samantha Sanford for extension of time to complete discovery Joint Motion Presented before Magistrate Judge (Wickert, John) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 32 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 9/26/2023 and continued to 10/17/2023 at 9:30 a.m. All party depositions are scheduled to be completed the first week of October (so prior to the 10/16/2023 close of fact discovery). Counsel are conferring about stipulating to testimony of approximately 20 non-parties from whom they have obtained affidavits. At the next status hearing, the parties are to report on whether they wish to schedule a settlement conference, and if not, whether they are ready for the case to be set for trial, or intend to file dispositive motions. The toll-free number for the hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 31 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 9/12/2023 and continued to 9/26/2023 at 9:30 a.m. Counsel for defendant Sanford did not dial in and is admonished that he must appear for all status hearings. Counsel who appeared today for the attorneys with appearances on file for defendants Contreras and Hernandez reports that written discovery is complete, and they will now begin scheduling depositions of the parties as well as potentially numerous non-party witnesses who reside outside the court's jurisdiction. Given the current discovery deadline, the parties should be prepared at the next status hearing to report on their progress in scheduling depositions and in serving subpoenas on any non-party witnesses to the extent necessary. The toll-free number for the hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 30 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 7/20/2023 and continued to 9/12/2023 at 9:15 a.m. The parties are engaged in written discovery in this interpleader action. Defendants are reminded of the fact discovery deadline of 10/16/2023, so should promptly confer over any disputes over written discovery and, if necessary, seek rulings well in advance of that deadline. Counsel for Plaintiff Central States need not appear at future status hearings unless requested to do so by a Defendant or the Court. The toll-free number for the hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 29 NOTICE by Norma Hernandez of Filing of 26(a) Disclosures (Skafish, Bradley) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 28 NOTICE by Mercedes Contreras (Skafish, Bradley) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 27 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 5/25/2023 and continued to 7/20/2023 at 9:15 a.m. The parties are engaged in written discovery. Fact discovery shall be completed by 10/16/2023. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 26 MINUTE entry before the Honorable Sheila M. Finnegan: This case has been referred for discovery supervision and a settlement conference should the parties request one. Telephone status hearing is set for 5/25/2023 at 10 a.m. Plaintiff need not participate. The Court adopts the discovery proposal, as follows: Rule 26(a)(1) disclosures to be exchanged by 6/1/2023, and written discovery to be issued by 6/15/2023. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Mailed notice (sxw) Docket text modified to include dial in information on 5/24/2023 (sxw). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 25 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to: discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters. (axc) Emailed notice. [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 24 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' joint initial status report #23 and refers discovery supervision (including setting all deadlines, resolution of any discovery motion, and resolution of any motion to stay discovery) and settlement matters to Magistrate Judge Finnegan. Emailed notice (axc). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 23 STATUS Report Initial Joint by Samantha Sanford (Wickert, John) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 22 ANSWER to Crossclaim of Contreras and Hernandez by Samantha Sanford(Wickert, John) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 21 REGISTRY DEPOSIT INFORMATION FORM by Central States Health & Welfare Fund (rp, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 20 Contreras and Hernandez's ANSWER to Crossclaim by Sanford, CROSSCLAIM by Norma Hernandez, Mercedes Contreras against Samantha Sanford . by Norma Hernandez, Mercedes Contreras(Deutschman, Jeffrey) [Transferred from Illinois Northern on 5/15/2024.] |
| BOND in the amount of $61,464.00 check, Receipt No. 4624285180, posted by Central States Health & Welfare Fund (smb, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 19 ANSWER to amended complaint , CROSSCLAIM by Samantha Sanford against Mercedes Contreras, Norma Hernandez . by Samantha Sanford(Wickert, John) [Transferred from Illinois Northern on 5/15/2024.] |
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Filing 18
ORDER TO DEPOSIT FUNDS: Signed by the Honorable Franklin U. Valderrama on 4/17/2023. Emailed notice (axc). [Transferred from Illinois Northern on 5/15/2024.]
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| Filing 17 MINUTE Entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's unopposed motion to deposit funds #16 . Enter Order. Emailed notice (axc). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 16 MOTION by Plaintiffs Central States Health & Welfare Fund, Charles A Whobrey to deposit funds (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B)(Carey, Francis) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 15 ATTORNEY Appearance for Defendant Samantha Sanford by John Henry Wickert (Wickert, John) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 14 AFFIDAVIT of Service filed by Plaintiffs Central States Health & Welfare Fund, Charles A Whobrey regarding Amended Complaint served on Samantha Sanford on 03/27/2023 (Carey, Francis) [Transferred from Illinois Northern on 5/15/2024.] |
| ALIAS Summons Issued as to Defendant Samantha Sanford. (ak, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 13 AMENDED complaint by Central States Health & Welfare Fund, Charles A Whobrey against Mercedes Contreras, Norma Hernandez, Samantha Sanford (Carey, Francis) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 12 Defendants' ANSWER to Complaint for Interpleader by Mercedes Contreras, Norma Hernandez(Deutschman, Jeffrey) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 11 ATTORNEY Appearance for Defendants Mercedes Contreras, Norma Hernandez by Bradley Alan Skafish (Skafish, Bradley) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 10 ATTORNEY Appearance for Defendants Mercedes Contreras, Norma Hernandez by Jeffrey S. Deutschman (Deutschman, Jeffrey) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 9 SUMMONS Returned Executed by Central States Health & Welfare Fund, Charles A Whobrey as to Samantha Sanford on 3/9/2023, answer due 3/30/2023. (Carey, Francis) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 8 SUMMONS Returned Executed by Central States Health & Welfare Fund, Charles A Whobrey as to Norma Hernandez on 3/7/2023, answer due 3/28/2023. (Carey, Francis) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 7 SUMMONS Returned Executed by Central States Health & Welfare Fund, Charles A Whobrey as to Mercedes Contreras on 3/10/2023, answer due 3/31/2023. (Carey, Francis) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 6 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 05/16/2023 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Emailed notice (axc). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 5 ATTORNEY Appearance for Plaintiff Central States Health & Welfare Fund by Timothy Craig Reuter (Reuter, Timothy) [Transferred from Illinois Northern on 5/15/2024.] |
| SUMMONS Issued as to Defendants Mercedes Contreras, Norma Hernandez, Samantha Sanford. (rc, ) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Central States Health & Welfare Fund, Charles A Whobrey (Carey, Francis) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 3 COMPLAINT for Interpleader; Filing fee $ 402, receipt number AILNDC-20400575. filed by Charles A Whobrey; (Carey, Francis) Modified on 3/2/2023 (kl, ). [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 2 CIVIL Cover Sheet (Carey, Francis) [Transferred from Illinois Northern on 5/15/2024.] |
| Filing 1 ATTORNEY Appearance form by Francis J. Carey. (Carey, Francis) Modified on 3/2/2023 (jn, ). [Transferred from Illinois Northern on 5/15/2024.] |
| 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. (emc, ) [Transferred from Illinois Northern on 5/15/2024.] |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (emc, ) [Transferred from Illinois Northern on 5/15/2024.] |
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