Kreke v. Bryan et al
| Allen Kreke |
| John Bracken Bryan, John Shelby Bryan, Phillip R. Smith and James Perry Bryan |
| 4:2024cv02884 |
| August 2, 2024 |
| U.S. District Court for the Southern District of Texas |
| George C Hanks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on September 6, 2024. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting #48 Motion for Mayer Klein to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified. (knp4) (Main Document 51 replaced on 9/7/2024) (knp4).
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Filing 50
ORDER granting #49 Motion for M. Adina Johnson to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge George C Hanks, Jr) Parties notified. (knp4)
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| Filing 49 MOTION to Appear Pro Hac Vice for M. Adina Johnson (Fee Paid: $100, receipt number ATXSDC-32084321) by Allen Kreke, filed. Motion Docket Date 9/13/2024. (Johnson, Mary) |
| Filing 48 MOTION to Appear Pro Hac Vice for Mayer S. Klein (Fee Paid: $100, receipt number ATXSDC-32084259) by Allen Kreke, filed. Motion Docket Date 9/13/2024. (Klein, Mayer) |
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Filing 47
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 11/8/2024 at 10:20 AM by video before Magistrate Judge Yvonne Y Ho. (Signed by Magistrate Judge Yvonne Y Ho) Parties notified. (jld4)
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| Filing 46 CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (jld4) |
| Filing 45 Case transferred in from Illinois Southern. Case Number 3:24-cv-00548; certified copy of transfer order, certified docket sheet, and transfer letter received |
| Referral Judge Selected: Magistrate Judge Yvonne Y. Ho randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (jld4) |
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Filing 44
MEMORANDUM AND ORDER, The Court GRANTS the defendants motion (Doc. 18) in part and TRANSFERS this case to the United States District Court for the Southern District of Texas. The portion of the motion requesting dismissal (Doc. 18) REMAINS PENDING for action by the transferee Court. Signed by Judge J. Phil Gilbert on 7/30/2024. (jdh)
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| Filing 43 RESPONSE to Motion re #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue Consent to Transfer of Venue filed by Allen Kreke. (Klein, Mayer) |
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Filing 42
SCHEDULING AND DISCOVERY ORDER. The Joint Report of Parties is approved and entered. The Final Pretrial Conference is scheduled for 4/9/2025 at 9:00 AM with a Jury Trial date of 4/28/2025 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Discovery due by 11/22/2024. Dispositive Motions due by 12/20/2024. Stipulation Selecting Mediator to be filed by 8/9/2024. Mandatory Mediation Session to be completed by 10/23/2024. Mandatory Mediation Program Completion due by 12/6/2024. Signed by Judge J. Phil Gilbert on 7/15/2024. (Attachments: #1 Joint Report)(tag)
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Filing 41
ORDER granting #40 Motion for Extension of Time to File Response to #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue. Response due 7/29/2024. Signed by Judge J. Phil Gilbert on 7/9/2024. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 40 Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue by Allen Kreke. (Klein, Mayer) |
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Filing 39
ORDER denying without prejudice #25 Motion for Discovery and limiting further briefing on the #18 Motion to Dismiss to issues of venue. Signed by Judge J. Phil Gilbert on 7/8/2024. (tlp)
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Filing 38
ORDER granting #37 Motion to Appear Pro Hac Vice by Attorney Klein on behalf of Plaintiff Allen Kreke. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 37 MOTION to Appear Pro Hac Vice by Attorney Mayer S. Klein $200 fee paid,receipt number AILSDC-5427358 by on behalf of Allen Kreke. (Klein, Mayer) |
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Filing 36
MEMORANDUM AND ORDER, The Court DISCHARGES the March 15, 2024, order to show cause (Doc. 6) and DENIES the plaintiffs' motion to remand (Doc. 15).The Court RESERVES RULING on the defendants' motion to dismiss or, in the alternative, to transfer this case to the United States District Court for the Southern District of Texas (Doc. 18) and Kreke's motion for jurisdictional discovery (Doc. 25). Signed by Judge J. Phil Gilbert on 6/21/2024. (jdh)
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| Filing 35 REPLY to Response to Motion re #25 MOTION for Discovery Jurisdictional filed by Allen Kreke. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Johnson, M.) |
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Filing 34
ORDER granting #30 Motion for Extension of Time to File Response to #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue. Response due 7/15/2024. Signed by Judge J. Phil Gilbert on 6/12/2024. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 33 MEMORANDUM in Opposition re #25 MOTION for Discovery Jurisdictional filed by All Defendants. (Dobbs, S.) |
| Filing 32 CJRA TRACK B assigned: Final Pretrial Conference is scheduled for 4/9/2025 at 9:00 AM with a Jury Trial date of 4/28/2025 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. Parties are to submit a Joint Report regarding Proposed Scheduling and Discovery Order within 28 days of the entry of this filing. Scheduling/Discovery and Settlement Conferences will NOT be set for hearing unless requested by the parties or deemed necessary by the Court. Joint Proposed Discovery due by 7/8/2024. (tag) |
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Filing 31
ORDER REFERRING CASE TO MEDIATION. Signed by Judge J. Phil Gilbert on 6/10/2024. (tag)
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| Filing 30 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue by Allen Kreke. (Johnson, M.) |
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Filing 29
ORDER granting #27 Motion for Extension of Time to File Response to #25 Motion for Jurisdictional Discovery. Response due 6/10/2024. Signed by Judge J. Phil Gilbert on 6/6/2024. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 NOTICE OF MODIFICATION re #27 Motion for Extension of Time to File Response/Reply filed by Phillip R. Smith, John Shelby Bryan, James Perry Bryan, John Bracken Bryan. Filer selected Motion for Extension of Time to Complete Discovery; however, the filer should have selected Motion for Extension of Time to File Response/Reply. Docket entry modified to reflect the correct event. No further action is required by the filer in relation to this notification. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 27 Consent MOTION for Extension of Time to Respond to Plaintiff's re #25 Motion for Discovery Jurisdictional by All Defendants. (Dobbs, S.) Modified on 6/5/2024 (tkm). |
| Filing 26 MEMORANDUM in Support re #25 MOTION for Discovery Jurisdictional filed by Allen Kreke. (Attachments: #1 Exhibit 1)(Johnson, M.) |
| Filing 25 MOTION for Discovery Jurisdictional by Allen Kreke. (Johnson, M.) |
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Filing 24
ORDER granting #23 Motion for Extension of Time to File Response to #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue. Response due 6/14/2024. Signed by Judge J. Phil Gilbert on 5/15/2024. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 Consent MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue by Allen Kreke. (Johnson, M.) |
| Filing 22 REPLY to Response to Motion re #15 MOTION to Remand filed by Allen Kreke. (Johnson, M.) |
| Filing 21 MEMORANDUM in Opposition re #15 MOTION to Remand filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Exhibit B, #4 Exhibit B1, #5 Exhibit B2, #6 Exhibit B3)(Dobbs, S.) |
| Filing 20 AMENDED DOCUMENT by All Defendants. Amendment to #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue Proposed Order Granting Motion. (Dobbs, S.) |
| Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue filed by All Defendants. (Attachments: #1 Affidavit Declaration of James Perry Bryan, #2 Affidavit Declaration of John Bracken Bryan, #3 Affidavit Declaration of Phillip Smith, #4 Affidavit Declaration of J. Shelby Bryan)(Dobbs, S.) |
| Filing 18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue by All Defendants. (Dobbs, S.) |
| Filing 17 REPLY to #8 Response to Order to Show Cause filed by Allen Kreke. (Johnson, M.) |
| Filing 16 MEMORANDUM in Support re #15 MOTION to Remand filed by Allen Kreke. (Johnson, M.) |
| Filing 15 MOTION to Remand by Allen Kreke. (Johnson, M.) |
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Filing 14
ORDER, granting #7 Consent MOTION for Extension of Time to File Response/Reply filed by Phillip R. Smith, John Shelby Bryan, James Perry Bryan, John Bracken Bryan. Response/Reply due 4/15/2024. Signed by Judge J. Phil Gilbert on 3/22/2024. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dobbs, S.) |
| Filing 12 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order Nos. 347 and 367, this case will remain with the assigned District Judge J. Phil Gilbert.. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Johnson, M.) |
| Filing 10 NOTICE: Allen Kreke, John Bracken Bryan, John Shelby Bryan, James Perry Bryan, and Phillip R. Smith were directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order Nos. 347 and 367, Allen Kreke, John Bracken Bryan, John Shelby Bryan, James Perry Bryan, and Phillip R. Smith shall return the form within 7 days or face possible sanctions. Consent due by 3/27/2024 (aza) |
| Filing 9 AMENDED DOCUMENT by All Defendants. Amended Notice of Removal. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Dobbs, S.) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by All Defendants filed by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dobbs, S.) |
| Filing 7 Consent MOTION for Extension of Time to File Response/Reply by All Defendants. (Dobbs, S.) |
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Filing 6
ORDER TO SHOW CAUSE. Show Cause Response due by 3/18/2024. Signed by Judge J. Phil Gilbert on 2/28/2024. (jdh)
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| Filing 5 AFFIDAVIT re #1 Notice of Removal, Declaration of S. Jay Dobbs by All Defendants. (Dobbs, S.) |
| Filing 4 NOTICE FROM CLERK Instructing Allen Kreke, John Bracken Bryan, John Shelby Bryan, James Perry Bryan, Phillip R. Smith. to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Allen Kreke, John Bracken Bryan, John Shelby Bryan, James Perry Bryan, Phillip R. Smith. on 2/27/2024. Consent due by 3/19/2024 (kdw) |
| Filing 2 NOTICE of Appearance by S. Jay Dobbs on behalf of All Defendants (Dobbs, S.) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County Circuit Court, case number 24LA0247 ( Filing fee $ 405 receipt number BILSDC-5322404), filed by Phillip R. Smith, John Bracken Bryan, James Perry Bryan, John Shelby Bryan. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet)(Dobbs, S.) |
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