Pitre v. Tele-Flex Medical Incorporated et al
| Donald M. Pitre |
| Sam Garod, Jay White, Michael Diguiseppe, Tele-Flex Medical Incorporated, Gary Goolie and Aaron W. Tutwiler |
| ADR Provider |
| 4:2014cv00866 |
| October 24, 2014 |
| US District Court for the Northern District of Texas |
| Fort Worth Office |
| XX US, Outside State |
| John McBryde |
| Civil Rights: Employment |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2015. A more recent docket listing may be available from PACER.
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Filing 74
FINAL JUDGMENT: The court ORDERS, ADJUDGES, and DECREES that all claims and causes of action asserted by plaintiff against defendant, be, and are hereby, dismissed with prejudice. (Ordered by Judge John McBryde on 11/2/2015) (ewd)
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Filing 73
ORDER GRANTING JOINT STIPULATION OF DISMISSAL: After considering the parties' Joint Stipulation of Dismissal with Prejudice, the Court ORDERS that this action is dismissed in its entirety with prejudice and on the merits, with each party to bear its own attorneys' fees and costs. (Ordered by Judge John McBryde on 11/2/2015) (ewd) Modified on 11/3/2015 (ewd).
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| Filing 72 JOINT STIPULATION OF DISMISSAL by Donald M. Pitre, Tele-Flex Medical Incorporated. (ewd) |
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Filing 71
FINAL JUDGMENT AS TO CERTAIN PARTIES: The court ORDERS, ADJUDGES, and DECREES that all claims and causes of action brought by plaintiff, Donald M. Pitre, against defendants, Sam Garod, Gary Goolie, and Aaron W. Tutwiler, in the above-captioned action be, and are hereby, dismissed with prejudice. (Ordered by Judge John McBryde on 10/14/2015) (ewd)
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Filing 70
ORDER DISMISSING CERTAIN PARTIES: The court ORDERS that all claims and causes of action brought by plaintiff, Donald M. Pitre, against defendants, Sam Garod, Gary Goolie, and Aaron W. Tutwiler, in the above-captioned action be, and are hereby, dismissed with prejudice. (Ordered by Judge John McBryde on 10/14/2015) (ewd)
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| Filing 69 JOINT STIPULATION OF DISMISSAL OFDEFENDANTS SAM GAROD, GARY GOOLIE AND AARON W. TUTWILER by Sam Garod, Gary Goolie, Donald M. Pitre, Tele-Flex Medical Incorporated, Aaron W. Tutwiler. (npk) |
| Filing 68 Alternative Dispute Resolution Summary filed by Trey Gordon. Attorneys in Attendance: Dana Kurtz rep. Plaintiff; Danielle Needham rep. Defendant. Prv Fee: $ 1400. Outcome of ADR: Settled as a result of ADR. (Gordon, Thomas) |
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Filing 67
ORDER granting #66 Motion to Withdraw #64 Motion for Leave to Amend Answer and Supporting Brief. (Ordered by Judge John McBryde on 9/21/2015) (ewd)
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| Filing 66 MOTION to Withdraw #64 MOTION to Amend Answer filed by Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler with Brief/Memorandum in Support. (npk) (Main Document 66 replaced on 9/21/2015) (npk). |
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Filing 65
ORDER: Expedited Response due by 2:00 p.m. on 9/21/2015 re: #64 MOTION to Amend Answer. (Ordered by Judge John McBryde on 9/17/2015) (npk)
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| Filing 64 ***Withdrawn per #67 *** MOTION to Amend Answer filed by Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler with Brief/Memorandum in Support. (npk) Modified on 9/22/2015 (ewd). |
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Filing 63
ORDER GRANTING JOINT MOTION FOR CONTINUANCE OF SUMMARY JUDGMENT DEADLINES granting #62 Motion to Continue. Any motion for summary judgment shall be filed no later than October 9, 2015 and that any corresponding response and reply deadlines shall also be extended by the amount of time contemplated by the applicable rules of procedure following the filing of a motion for summary judgment. (Ordered by Judge John McBryde on 9/2/2015) (npk)
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| Filing 62 JOINT MOTION FOR CONTINUANCE OF SUMMARY JUDGMENT DEADLINES filed by Sam Garod, Gary Goolie, Donald M. Pitre, Tele-Flex Medical Incorporated, Aaron W. Tutwiler (npk) |
| Filing 61 Designation of Experts by Donald M. Pitre. (npk) |
| Filing 60 Designation of Experts by Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler. (mdf) |
| Filing 59 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler. (npk) |
| Filing 58 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Donald M. Pitre. (npk) |
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Filing 57
ORDER: The court ORDERS that by June 15, 2015, the parties file certificates of interested persons. (Ordered by Judge John McBryde on 6/1/2015) (npk)
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Filing 56
ORDER SETTING SCHEDULE AND PROVIDING SPECIAL PRETRIAL INSTRUCTIONS: Amended Pleadings due by 9/16/2015. Discovery due by 11/16/2015. Pretrial Conference set for 12/7/2015 09:00 AM before Judge John McBryde. Joinder of Parties due by 5/14/2015. Jury Trial set for 1/11/2016 09:00 AM before Judge John McBryde. (See specifics) (Ordered by Judge John McBryde on 1/14/2015) (npk)
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| Filing 55 JOINT STATUS REPORT filed by Sam Garod, Gary Goolie, Donald M. Pitre, Tele-Flex Medical Incorporated, Aaron W. Tutwiler. (mpw) |
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Filing 54
ORDER granting #53 Application for Admission Pro Hac Vice of Brian Jay Rayment. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge John McBryde on 1/5/2015) (npk)
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| Filing 53 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Brian J. Rayment (Filing fee $25; Receipt number FW023403) filed by Donald M. Pitre (npk) |
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Filing 52
STATUS REPORT ORDER: Joint Status Report due by 1/9/2014. (Ordered by Judge John McBryde on 12/11/2014) (npk)
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Filing 51
FINAL JUDGMENT AS TO CERTAIN PARTIES. Michael Diguiseppe and Jay White terminated. (Ordered by Judge John McBryde on 12/10/2014) (npk)
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Filing 50
ORDER denying #47 Motion to Extend Time for service; denying #47 Motion for Limited Expedited Disclosures. All claims and causes of action asserted in the above-captioned action by plaintiff, Donald M. Pitre, against defendants Michael Diguiseppe and Jay White, be, and are hereby, dismissed without prejudice. (Ordered by Judge John McBryde on 12/10/2014) (npk)
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| Filing 49 RESPONSE filed by Tele-Flex Medical Incorporated re: #47 MOTION to Extend Time of Time for Service on Defendants White and Diguiseppe and MOTION for Limited Expedited Disclosures (npk) |
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Filing 48
ORDER: Now before the court for consideration is "Plaintiff's Report Regarding Service on Individual Defendants and Motion for Limited Expedited Disclosures and Motion for Extension of Time for Service on Defendants White and Diguiseppe." The court concludes that it would benefit the court to have an expedited response to such motions by defendant Tele-Flex Medical Incorporated. Therefore, The court ORDERS that by 2:00 p.m. on December 8, 2014, defendant Tele-Flex Medical Incorporated file a response to such motions. (Ordered by Judge John McBryde on 12/1/2014) (npk)
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| Filing 47 Report Regarding Service onIndividual Defendants and MOTION for Limited Expedited Disclosures and MOTION to Extend Time for Service on Defendants White and Diguiseppe, filed by Donald M. Pitre (npk) |
| Filing 46 NOTICE of Attorney Appearance by Susan E Hutchison on behalf of Donald M. Pitre. (npk) |
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Filing 45
ORDER granting #44 Application for Admission Pro Hac Vice of Dana L. Kurtz. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge John McBryde on 11/19/2014) (npk)
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| Filing 44 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Dana L. Kurtz (Filing fee $25; Receipt number FW023104) filed by Donald M. Pitre (npk) |
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Filing 43
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION TO WITHDRAW AND FOR SUBSTITUTION OF COUNSEL granting #40 Motion to Withdraw as Attorney, granting #40 Motion to Substitute Attorney. Attorney Melissa Anne Siebert terminated; Melissa Anne Siebert no longer associated with this case. (Ordered by Judge John McBryde on 11/12/2014) (npk)
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Filing 42
ORDER: The court ORDERS that by November 26, 2014, plaintiff, Donald M. Pitre, file either proof of proper service of summons and complaint on defendants, or an instrument containing a satisfactory explanation, in affidavit form, as to why such proof cannot be filed. (Ordered by Judge John McBryde on 11/12/2014) (npk)
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| Filing 41 ANSWER to #1 Complaint filed by Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions 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. (npk) |
| Filing 40 MOTION to Withdraw as Attorney, MOTION to Substitute Attorney. Added attorney Saba Fatima Syed,Danielle E Needham,Saba Fatima Syed,Danielle E Needham for Aaron W. Tutwiler,Saba Fatima Syed,Danielle E Needham for Sam Garod,Saba Fatima Syed,Danielle E Needham for Tele-Flex Medical Incorporated,Saba Fatima Syed,Danielle E Needham for Gary Goolie. Motion() filed by Aaron W. Tutwiler, Sam Garod, Tele-Flex Medical Incorporated, Gary Goolie (npk) |
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Filing 39
ORDER: The court ORDERS that the parties to the above-captioned action comply by November 12, 2014, with all requirements of the Local Rules of this court and such status report order. (See specifics) (Ordered by Judge John McBryde on 10/28/2014) (npk)
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Filing 38
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Judge John McBryde on 10/27/2014) (npk)
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| Filing 37 New Case Notes: A filing fee has been paid. File to Judge McBryde. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (npk) |
| Filing 36 Case electronically transferred in from District of Illinois Northern; Case Number 1:14-cv-01958. 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. Modified on 10/27/2014 (npk). |
| Filing 35 TRANSFERRED to the USDC, Northern Dist., Texas, Ft. Worth Division the electronic file. Mailed letter to all counsel of record. (sxw) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 34 MINUTE entry before the Honorable Elaine E. Bucklo: Defendant Tutwiler, Garod, Goolie's Motion to dismiss for lack of jurisdiction #13 is denied as moot. Defendants' Motion to dismiss #16 or, alternatively, for change of venue #16 is granted as to the request for change of venue. Plaintiff's Motion for change of venue #21 is denied. This case is transferred to the U.S. District Court for the Northern District of Texas, Ft. Worth Division. Enter Order. Civil case terminated. Mailed notice (jdh) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 33 REPLY by Plaintiff Donald M. Pitre to motion for miscellaneous relief #21 , response in support of motion,, #28 (Attachments: #1 Exhibit 1)(Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 32 MINUTE entry before the Honorable Elaine E. Bucklo: Agreed Motion for extension of time until 9/12/2014 to file plaintiff's reply in support of plaintiff's motion to transfer venue #30 is granted. Ruling before Honorable Elaine E. Bucklo on 10/16/2014 at 9:30 AM. Mailed notice (jdh) Modified on 9/11/2014 (jdh). [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 31 NOTICE of Motion by Dana L. Kurtz for presentment of motion for extension of time to file response/reply, motion for relief, #30 before Honorable Elaine E. Bucklo on 9/22/2014 at 09:30 AM. (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 30 MOTION by Plaintiff Donald M. Pitre for extension of time to file response/reply as to motion for miscellaneous relief #21 , response in support of motion,, #28 Agreed (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 29 MINUTE entry before the Honorable Elaine E. Bucklo: Motion to withdraw appearance of Stephen C. Sutton as attorney for defendants #24 is granted. Defendants' Agreed Motion for extension of time to answer or otherwise plead until two weeks after the Court rules on plaintiff's motion to transfer venue #26 is granted. Attorney Stephen C. Sutton terminated. Mailed notice (jdh) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 28 RESPONSE by Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwilerin Support of MOTION by Plaintiff Donald M. Pitreto Transfer Venue and Response to Defendants' Motion to Dismiss #21 Defendants' Response Supporting Transfer of Venue (Attachments: #1 Exhibit Attachment A - Dkt # 16, #2 Exhibit Attachment A - Dkt # 17, #3 Exhibit Attachment B - Dkt # 13, #4 Exhibit Attachment C - Second Declaration of Gary Goolie, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit Attachment D - Second Declaration of Aaron W. Tutwiler)(Siebert, Melissa) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 27 NOTICE of Motion by Melissa Anne Siebert for presentment of extension of time #26 before Honorable Elaine E. Bucklo on 8/22/2014 at 09:30 AM. (Siebert, Melissa) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 26 MOTION by Defendants Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler for extension of time Agreed Motion to Extend Time to Answer or Otherwise Plead (Siebert, Melissa) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 25 NOTICE of Motion by Melissa Anne Siebert for presentment of motion to withdraw as attorney #24 before Honorable Elaine E. Bucklo on 8/22/2014 at 09:30 AM. (Siebert, Melissa) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 24 MOTION by counsel for Defendants Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler to withdraw as attorney Motion to Withdraw Appearance of Attorney Stephen C. Sutton (Siebert, Melissa) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 23 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's Motion to transfer venue #21 is taken under advisement. Defendants response due by 8/20/2014. Plaintiff to reply by 8/29/2014. Ruling before Honorable Elaine E. Bucklo on 9/24/2014 at 9:30 AM. Ruling date on pending motion to dismiss is vacated as is the motion to dismiss on grounds of mootness. Mailed notice (jdh) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 22 NOTICE of Motion by Dana L. Kurtz for presentment of motion for miscellaneous relief #21 before Honorable Elaine E. Bucklo on 8/7/2014 at 09:30 AM. (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 21 MOTION by Plaintiff Donald M. Pitreto Transfer Venue and Response to Defendants' Motion to Dismiss (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 20 MINUTE entry before the Honorable Elaine E. Bucklo: Defendants' Tele-Flex Medical, Inc., Sam Garod, Gary Goolie and Aaron W. Tutwiler's Motion to dismiss for improper venue, or alternatively to transfer venue #16 is taken under advisement. Defendants Same Garod, Gary Goolie and Aaron W. Tutwiler's motion to dismiss for lack of personal jurisdiction #13 is taken under advisement. Plaintiff to respond by 7/10/2014. Defendants' replies due by 7/30/2014. Ruling before Honorable Elaine E. Bucklo on 8/26/2014 at 9:30 AM. Scheduling conference set for 6/12/2014 is stricken. Mailed notice (jdh) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 19 REPORT of Rule 26(f) Planning Meeting (Sutton, Stephen) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 18 NOTICE of Motion by Stephen C. Sutton for presentment of motion to dismiss,, motion to change venue, #16 before Honorable Elaine E. Bucklo on 6/12/2014 at 09:30 AM. (Sutton, Stephen) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 17 MEMORANDUM by Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler in support of motion to dismiss,, motion to change venue, #16 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sutton, Stephen) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 16 MOTION by Defendants Aaron W. Tutwiler, Sam Garod, Tele-Flex Medical Incorporated, Gary Goolie to dismiss , MOTION by Defendants Aaron W. Tutwiler, Sam Garod, Tele-Flex Medical Incorporated, Gary Goolie to change venue (Sutton, Stephen) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 15 NOTICE of Motion by Stephen C. Sutton for presentment of motion to dismiss/lack of jurisdiction #13 before Honorable Elaine E. Bucklo on 6/12/2014 at 09:30 AM. (Sutton, Stephen) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 14 MEMORANDUM by Sam Garod, Gary Goolie, Aaron W. Tutwiler in support of motion to dismiss/lack of jurisdiction #13 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sutton, Stephen) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 13 MOTION by Defendants Aaron W. Tutwiler, Sam Garod, Gary Goolie to dismiss for lack of jurisdiction (Sutton, Stephen) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 12 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Tele-Flex Medical Incorporated (Sutton, Stephen) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 11 ATTORNEY Appearance for Defendants Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler by Melissa Anne Siebert (Siebert, Melissa) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 10 ATTORNEY Appearance for Defendants Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler by Stephen C. Sutton (Sutton, Stephen) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 9 SUMMONS Returned Executed by Donald M. Pitre as to Aaron W. Tutwiler on 5/17/2014, answer due 6/9/2014. (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 8 SUMMONS Returned Executed by Donald M. Pitre as to Gary Goolie on 5/15/2014, answer due 6/5/2014. (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 7 SUMMONS Returned Executed by Donald M. Pitre as to Sam Garod on 5/14/2014, answer due 6/4/2014. (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 6 SUMMONS Returned Executed by Donald M. Pitre as to Tele-Flex Medical Incorporated on 5/13/2014, answer due 6/3/2014. (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 5 MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling Conference reset to 6/12/2014 at 9:30 AM. Mailed notice (jdh) [Transferred from Illinois Northern on 10/27/2014.] |
| SUMMONS Issued as to Defendants Michael Diguiseppe, Sam Garod, Gary Goolie, Tele-Flex Medical Incorporated, Aaron W. Tutwiler (pg, ) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 4 MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling Conference set for 6/4/2014 at 9:30 AM. Mailed notice (jdh) [Transferred from Illinois Northern on 10/27/2014.] |
| CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Arlander Keys. (jn, ) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Donald M. Pitre by Dana L. Kurtz (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 2 CIVIL Cover Sheet (Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
| Filing 1 COMPLAINT filed by Donald M. Pitre; Jury Demand. Filing fee $ 400, receipt number 0752-9309403.(Kurtz, Dana) [Transferred from Illinois Northern on 10/27/2014.] |
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