Patterson et al v. Hunt Perfection, LLC et al
| Willie Patterson, Maya Patterson and Wallenius Wilhelmsen Logistics Services, LLC |
| Hunt Perfection, LLC, John ("Tip") G Hunt, III, Chicago Logistic Services, LLC, LSG Transportation LLC, ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC., ATS Specialized Inc, ATS LOGISTICS SERVICES, INC. d/b/a SUREWAY TRANSPORATION COMPANY and Robert C O'Keefe |
| Wallenius Wilhemsen Lines Americas, LLC |
| 4:2024cv00830 |
| March 6, 2024 |
| US District Court for the Southern District of Texas |
| Andrew S Hanen |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
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Filing 43
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/30/2024 at 10:45 AM in by video before Magistrate Judge Peter Bray( Judge Andrew S Hanen) Parties notified.(BrendaLacy, 4)
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| Filing 42 Case transferred in from Illinois Northern. Case Number 1:23-cv-04360; certified copy of transfer order, certified docket sheet, and transfer letter received |
| Filing 41 TRANSFERRED to the Southern District of Texas the electronic record.(gcy, ) |
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Filing 40
ORDER: Telephonic ruling on the pending motions to dismiss #8 , to transfer #11 , and to remand #20 , held on 3/5/24. Defendants' motion to transfer venue pursuant to 28 U.S.C. 1404(a) #11 is granted for the reasons stated on the record. The Clerk of Court is directed to transfer this case to the Southern District of Texas Houston Division under 1404(a). Defendants' motion to dismiss for lack of personal jurisdiction #8 is denied as moot. Plaintiffs' motion to remand #20 is denied as moot. Signed by the Honorable Martha M. Pacold on 3/5/2024. Mailed notice(gcy, )
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| Filing 39 MINUTE entry before the Honorable Martha M. Pacold: Telephonic ruling on the motion to dismiss #8 , motion to transfer #11 , and motion to remand #20 , is set for 3/5/2024 at 12:15 p.m. The court will rule on the basis of the parties' filings; no argument is necessary. If there are any developments in the status of the case that the court should be aware of prior to ruling (e.g., settlement; not supplemental briefing on the parties' arguments, which have already been addressed in the briefing on the motion), the parties are directed to file a notice with the court at least 24 hours before the hearing. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions deemed necessary by the court. (rao, ) |
| Filing 38 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, ) |
| Filing 37 REPLY by John ("Tip") G Hunt, III, Hunt Perfection, LLC, LSG TRANSPORTATION, LLC,, Robert C O'Keefe to response to motion #30 to Transfer Venue (Henson, Christopher) |
| Filing 36 REPLY by Maya Patterson, Willie Patterson to MOTION by Plaintiffs Maya Patterson, Willie Patterson to remand #20 (Legorreta, Loren) |
| Filing 35 REPLY by ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. to response to motion #30 Joinder and Reply in Support of Motion to Transfer (Golden, Robert) |
| Filing 34 MINUTE entry before the Honorable Martha M. Pacold: The court grants the unopposed motion to amend and extend the briefing schedule for plaintiffs' motion to remand. #33 . Plaintiffs' reply brief is due by 9/29/2023. Mailed notice (lxs, ) |
| Filing 33 MOTION by Defendant Hunt Perfection, LLC for extension of time to file response/reply as to motion to remand #20 , text entry,, #22 , set motion and R&R deadlines/hearings,, #26 , response in opposition to motion #32 , response to motion #30 , other #25 MOTION by Defendant Hunt Perfection, LLC for extension of time to file response/reply as to motion to remand #20 ,, set motion and R&R deadlines,, #26 (Henson, Christopher) |
| Filing 32 RESPONSE by Hunt Perfection, LLCin Opposition to MOTION by Plaintiffs Maya Patterson, Willie Patterson to remand #20 (Henson, Christopher) |
| Filing 31 RESPONSE by ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. to MOTION by Plaintiffs Maya Patterson, Willie Patterson to remand #20 Response to Motion to Remand (Golden, Robert) |
| Filing 30 RESPONSE by Maya Patterson, Willie Patterson to MOTION by Defendant Hunt Perfection, LLC to transfer case #11 (Attachments: #1 Exhibit, #2 Exhibit)(Legorreta, Loren) |
| Filing 29 REPLY by ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. to MOTION by Defendant ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. to dismiss for lack of jurisdiction #8 , response in opposition to motion #23 (Golden, Robert) |
| Filing 28 MINUTE entry before the Honorable Martha M. Pacold: The court adopts the amended agreed briefing schedule on motion to transfer venue #11 that the parties submitted to the court's Proposed Order box. Plaintiffs' response is due by 8/23/2023. Defendants' reply is due by 9/14/2023. (rao, ) |
| Filing 27 ATTORNEY Appearance for Defendants John ("Tip") G Hunt, III, Hunt Perfection, LLC, LSG TRANSPORTATION, LLC,, Robert C O'Keefe by Christopher R. Henson Madison N. Wynes (Henson, Christopher) |
| Filing 26 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the statement on the docket #25 and the agreed briefing schedule sent to the court's Proposed Order Box. The court acknowledges that the defendants intend to file separate responses to the motion to remand #20 . Further, the court will slightly modify the agreed briefing schedule on the motion to account for the Labor Day holiday. Defendants' responses to the motion to remand #20 are due by 9/6/2023. Plaintiffs' reply, the page limit of which will be the combined length of defendants' responses, is due by 9/27/2023. (rao, ) |
| Filing 25 Statement on the Docket by Hunt Perfection, LLC (Henson, Christopher) |
| Filing 24 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the agreed briefing schedule sent to its Proposed Order Box on the motion to remand. The parties are directed to file a statement on the docket by 8/11/2023 as to whether the defendants will jointly file one response to the motion to remand or whether they each plan to file separate responses. In addition, if each defendant plans to file a separate response, the plaintiffs' page limit in reply will be the combined number of pages the defendants use in total. (rao, ) |
| Filing 23 RESPONSE by Maya Patterson, Willie Pattersonin Opposition to MOTION by Defendant ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. to dismiss for lack of jurisdiction #8 (Legorreta, Loren) |
| Filing 22 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report #21 . Though the court's motions procedures require parties to confer and agree on a briefing schedule on any opposed motions (as the court has described twice before, #6 ; #1 ), again, a party filed an opposed motion #20 without taking this step. This process is important to avoid prejudice to any of the parties-particularly in this case because there are multiple defendants and multiple opposed motions that have cross-cutting requests for relief. The parties should confer on a briefing schedule and send it to the court's Proposed Order Box by 8/8/2023. (rao, ) |
| Filing 21 STATUS Report Initial Joint Status Report by Hunt Perfection, LLC (Henson, Christopher) |
| Filing 20 MOTION by Plaintiffs Maya Patterson, Willie Patterson to remand (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C)(Legorreta, Loren) |
| Filing 19 ATTORNEY Appearance for Plaintiffs Maya Patterson, Willie Patterson by Timothy S. Tomasik (Tomasik, Timothy) |
| Filing 18 ATTORNEY Appearance for Plaintiffs Maya Patterson, Willie Patterson by Loren Michael Legorreta (Legorreta, Loren) |
| Filing 17 ATTORNEY Appearance for Respondent Wallenius Wilhemsen Lines Americas, LLC by Meghan Domenica Childers Walleius Wilhemsen Logistics Services Americas, LLC, incorrectly sued as Wallenius Wilhemsen Lines Americas, LLC (Childers, Meghan) |
| Filing 16 ATTORNEY Appearance for Respondent Wallenius Wilhemsen Lines Americas, LLC by John Scott Huntley Walleius Wilhemsen Logistics Services Americas, LLC, incorrectly sued as Wallenius Wilhemsen Lines Americas, LLC (Huntley, John) |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: The court adopts the parties' proposed briefing schedule on the motion to transfer venue #11 . Plaintiff's response is due by 8/21/2023 and the moving defendants' reply, if any, is due by 9/12/2023. in addition, if any non-moving defendants have an objection to transferring venue or would like to weigh in on the motion, they should file a brief of no more than 10 pages by 9/12/2023. The parties are directed to file an initial joint status report by 8/4/2023. (Attachments: #1 Outline for the Initial Joint Status Report) (rao, ) |
| Filing 14 Surveillance Report by ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. (Golden, Robert) |
| Filing 13 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the motion to transfer #11 . As discussed in #6 , all opposed motions must be accompanied by an agreed briefing schedule either in the document or as an email to the court's Proposed Order Box. Though the court set a schedule itself on the previous motion, the court will leave this schedule to the parties because the plaintiffs need to respond to both. By 7/18/2023 the defendants that filed the motion to transfer #11 and plaintiffs should meet and confer and propose a briefing schedule on the motion to transfer #11 either by filing a joint statement on the docket or by emailing an agreed schedule to Proposed_Order_Box@ilnd.uscourts.gov. (rao, ) |
| Filing 12 MINUTE entry before the Honorable Martha M. Pacold: The briefing schedule set in #6 on the motion to dismiss ([4-2], refiled as #8 ) stands. (rao, ) |
| Filing 11 MOTION by Defendant Hunt Perfection, LLC to transfer case (Attachments: #1 Notice of Motion, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Henson, Christopher) |
| Filing 10 ATTORNEY Appearance for Defendants John ("Tip") G Hunt, III, Hunt Perfection, LLC, LSG TRANSPORTATION, LLC,, Robert C O'Keefe by Christopher R. Henson (Henson, Christopher) |
| Filing 9 ATTORNEY Appearance for Defendant ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. by Michael Gennaro Patrizio (Patrizio, Michael) |
| Filing 8 MOTION by Defendant ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. to dismiss for lack of jurisdiction (Golden, Robert) |
| Filing 7 ATTORNEY Appearance for Defendant ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. by Robert James Golden (Golden, Robert) |
| Filing 6 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the ATS motion to dismiss. [4-2]. The ATS defendants should file the motion as a separate entry on the docket by 7/14/2023. A briefing schedule on the motion is set as follows. Plaintiffs' response is due by 8/8/2023. Moving defendants' reply, if any, is due by 8/22/2023. For future reference, the parties are directed to review the court's standing orders, which require parties to meet and confer on whether motions are agreed or opposed, and if they are opposed, to file an agreed briefing schedule on the docket or to email the schedule to Proposed_Order_Pacold@ilnd.uscourts.gov contemporaneously with the motion. In addition, attorneys for the defendants are directed to liaise with the clerk's office and properly enter an appearance in this case so that their names and contact information appear on the docket. (rao, ) |
| Filing 5 NOTIFICATION of Party Contact Information for ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. (Patrizio, Michael) |
| Filing 4 by ANDERSON TRUCKING SERVICE, INC. d/b/a ATS INC. Appearance (Attachments: #1 Notice of Motion, #2 Motion to Dismiss for Lack of Personal Jurisdiction with Exhibit)(Golden, Robert) |
| Filing 3 Attorney Appearance Form by John ("Tip") G Hunt, III, Hunt Perfection, LLC, LSG TRANSPORTATION, LLC,, Robert C O'Keefe (Henson, Christopher) |
| Filing 2 MAILED Notice of Removal letter to counsel of record. (aee, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jb, ) |
| 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. (aee, ) |
| Filing 1 NOTICE of Removal from Kane County Circuit Court, case number (23 la 000144) filed by Hunt Perfection, LLC Filing fee $ 402, receipt number AILNDC-20806027. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Civil Cover Sheet, #9 Combined Filings- Kane County Case 2023LA000144)(Henson, Christopher) |
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