McGowan v. Camp Agawak, LTD et al
| David McGowan |
| Mary Fried and Camp Agawak, LTD |
| 3:2020cv00961 |
| October 16, 2020 |
| US District Court for the Western District of Wisconsin |
| William M Conley |
| Stephen L Crocker |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 65 Certificate of Service by Defendants Camp Agawak, LTD, Mary Fried as to #64 Brief in Opposition. (Kravit, Stephen) |
| Filing 64 Brief in Opposition by Defendants Camp Agawak, LTD, Mary Fried re: #63 MOTION for Extension of Time filed by David McGowan (Kravit, Stephen) |
| Filing 63 Pro Se Motion for 30-day Extension of Time to engage new counsel filed by Plaintiff David McGowan. (Attachments: #1 Envelope) (jef) |
Filing 62
** TEXT ONLY ORDER ** On November 24, 2020, this court entered an order requiring plaintiff to show cause why the case should not be dismissed for failure to prosecute by December 9, 2020. (Dkt. #61.) That deadline has come and gone, with no word from plaintiff. Accordingly, the court will DISMISS this case without prejudice. Signed by District Judge William M. Conley on 12/10/2020. (voc)
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Filing 61
** TEXT ONLY ORDER ** On October 16, 2020, this case was transferred up to this court after spending about seven months in the Northern District of Illinois. See dkt. #47 . That same day, this court set the telephonic preliminary pretrial conference for November 18, 2020. On October 28, 2020, plaintiff's attorney moved to withdraw, reporting that none of the attorneys in her firm were licensed to practice law in Wisconsin, and that counsel had advised plaintiff of this. Dkt. #56 . This court stayed its decision on that motion to give plaintiff time to find replacement counsel. The court advised that if new counsel had not appeared for plaintiff by November 13, 2020, then the court would cancel the November 18, 2020 telephonic preliminary pretrial conference. Dkt. 57 . On October 30, 2020, defendants filed a motion to dismiss (dkt. #58 ), to which plaintiff's response presumptively was due on November 20, 2020. On November 16, 2020, this court canceled the November 18 telephonic preliminary pretrial conference. It is now November 24, 2020, and plaintiff has not been heard from in any fashion: no appearance by new counsel, no response to the dismissal motion; nothing. Not later than December 9, 2020, plaintiff must show cause why this case should not be dismissed for his failure to prosecute it. A timely appearance by new counsel would suffice. Signed by Magistrate Judge Stephen L. Crocker on 11/24/2020. (voc)
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| Notice to Counsel: The Telephone Pretrial Conference set for 11/18/2020 is canceled. (voc/slc) |
| Filing 60 Response re: 57 Order on Motion to Withdraw as Attorney, and Update Regarding Scheduling and Preliminary Matters Relevant to Case by Defendants Camp Agawak, LTD, Mary Fried. (Kravit, Stephen) |
| Filing 59 Brief in Support of #58 Motion to Dismiss by Defendants Camp Agawak, LTD, Mary Fried (Kravit, Stephen) |
| Filing 58 MOTION TO DISMISS by Defendants Camp Agawak, LTD, Mary Fried. Brief in Opposition due 11/20/2020. Brief in Reply due 11/30/2020. (Kravit, Stephen) |
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Filing 57
** TEXT ONLY ORDER **The motion (Dkt. #56 ) by plaintiff's attorneys to withdraw is STAYED to give plaintiff time to find replacement counsel. The motion will be granted upon the filing of a notice of appearance by new counsel for plaintiff. If that hasn't happened by November 13, 2020, then the court will cancel the November 18, 2020 telephonic preliminary pretrial conference. Signed by Magistrate Judge Stephen L. Crocker on 10/28/2020. (voc)
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| Filing 56 Motion to Withdraw as Attorney by Plaintiff David McGowan. Response due 11/4/2020. (Mathias, Megan) |
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Filing 55
** TEXT ONLY ORDER **ORDER granting #54 Motion to Admit Megan Mathias Pro Hac Vice. Signed by Magistrate Judge Peter A. Oppeneer on 10/27/2020. (lak)
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| Filing 54 Motion to Admit Megan Mathias Pro Hac Vice. ( Pro Hac Vice fee $ 100 receipt number 1234.) by Plaintiff David McGowan. Motions referred to Magistrate Judge Stephen L. Crocker. (Mathias, Megan) |
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Filing 53
** TEXT ONLY ORDER **ORDER granting #49 Motion to Withdraw as Attorney. Attorney Sylvia B. St. Clair; Tess Godhardt and Stacey Lynn Smiricky withdrawn from the case. Signed by Magistrate Judge Stephen L. Crocker on 10/21/2020. (voc)
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| Filing 52 Corporate Disclosure Statement by Defendants Camp Agawak, LTD, Mary Fried. (Kravit, Stephen) |
| Filing 51 Notice of Appearance filed by Stuart J. Check for Defendants Camp Agawak, LTD, Mary Fried. (Check, Stuart) |
| Filing 50 Notice of Appearance filed by Stephen E. Kravit for Defendants Camp Agawak, LTD, Mary Fried. (Kravit, Stephen) |
| Filing 49 Motion to Withdraw as Attorney by Defendants Camp Agawak, LTD, Mary Fried. (Prinsen, Benjamin) |
| Filing 48 Case transferred in from District of Illinois Northern; Case Number 1:19-cv-01532. Original file certified copy of transfer order and docket sheet received. (arw) |
| Filing 47 TRANSFERRED to the Western District of Wisconsin the electronic record.(gcy, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Case randomly assigned to District Judge William M. Conley and Magistrate Judge Stephen L. Crocker. (arw) |
| Standard attachments for District Judge William M. Conley required to be served on all parties with summons or waiver of service: # NORTC, #Corporate Disclosure Statement. (arw) |
| Set Pretrial Conference: Telephone Pretrial Conference set for 11/18/2020 at 1:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up the call to chambers at (608) 264-5153. #Standing Order Governing Preliminary Pretrial Conference attached. (arw) |
| Filing 46 MEMORANDUM Opinion and Order Signed by the Honorable Martha M. Pacold on 10/1/2020. Mailed notice(gcy, ) [Transferred from Illinois Northern on 10/16/2020.] |
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Filing 45
ORDER: Defendants' motion to dismiss for improper venue #13 is denied and the motion to transfer [13-2] is granted. The court does not address the motion to dismiss for lack of personal jurisdiction [13-1] and it is denied as moot. This case is hereby transferred to the Western District of Wisconsin pursuant to 28 U.S.C. Section 1404(a). Signed by the Honorable Martha M. Pacold on 10/1/2020. Mailed notice(gcy, ) [Transferred from Illinois Northern on 10/16/2020.]
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Filing 44
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk4, Docket) [Transferred from Illinois Northern on 10/16/2020.]
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Filing 43
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket5, ) [Transferred from Illinois Northern on 10/16/2020.]
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| Filing 42 STATUS Report (Joint) by Camp Agawak, LTD, Mary Fried (Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
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Filing 41
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket4, ) [Transferred from Illinois Northern on 10/16/2020.]
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Filing 40
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket12, ) [Transferred from Illinois Northern on 10/16/2020.]
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Filing 39
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, ) [Transferred from Illinois Northern on 10/16/2020.]
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| Filing 38 MINUTE entry before the Honorable Martha M. Pacold:Status hearing set for 3/17/2020 is stricken. The Court will rule by mail on Defendants' motion to dismiss, or alternatively, to transfer #13 . (rao, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 37 NOTICE by Tess Godhardt of Change of Address / Change of Firm Name (Godhardt, Tess) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 36 NOTICE by David McGowan of Certificate of Service of Plaintiff's First Request to Produce to Camp Agawak, Ltd.; Plaintiff's First Set of Interrogatories to Camp Agawak, Ltd.; Plaintiff's First Request to Produce to Mary Fried; and Plaintiff's First Set of Interrogatories to Mary Fried (Mathias, Megan) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 35 NOTICE by Stacey Lynn Smiricky of Change of Address / Change Firm Name (Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 34 MINUTE entry before the Honorable Martha M. Pacold: Defendants' counsel reported that the parties did not settle. The status hearing set for 12/20/2020 is stricken and reset to 3/17/2020 at 10:15 a.m. The Court will rule by mail on Defendants' motion to dismiss #13 . (rao, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 33 JOINT JURISDICTIONAL STATEMENT by Camp Agawak, LTD, Mary Fried (St. Clair, Sylvia) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 32 MINUTE entry before the Honorable Martha M. Pacold:Status hearing held on 11/20/2019 and continued to 12/20/2019 at 9:45 a.m. The parties are directed to file a joint jurisdictional statement by 11/27/2019. Plaintiff to submit a written settlement demand by 12/5/2019. Defendants' response is due by 12/19/2019. (rao, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 31 STATUS Report Joint Status Report by David McGowan (Mathias, Megan) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 30 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file a joint status report by 11/12/2019. The Court will hold a status hearing in open court on 11/20/2019 at 9:45 a.m. (Attachments: #1 Reassignment Status Report) (rao, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 29 MINUTE entry before the Honorable Andrea R. Wood: In light of the reassignment of this case to Judge Pacold, all hearings set before this Court are stricken. Mailed notice (ef, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 28 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0025 Pursuant that to the Executive Committee Order entered on August 9, 2019 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Martha M. Pacold; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Martha M. Pacold; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Martha M. Pacolds webpage on the Courts website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts criminal case assignment system thirty days from the entry of this Order so that she shall receive a full share of such cases. Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Andrea R. Wood no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/23/2019.(las, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 27 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 8/21/2019 is stricken and reset for 9/10/2019 at 09:00 AM. Mailed notice (aw) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 26 MINUTE entry before the Honorable Andrea R. Wood: By agreement of the parties, the status hearing set for 8/7/2019 is stricken and reset for 8/21/2019 at 09:00 AM. Mailed notice (ef, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 25 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 7/9/2019 is stricken and reset for 8/7/2019 at 09:00 AM. Mailed notice (ef, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 24 REPLY by Camp Agawak, LTD, Mary Fried to MOTION by Defendants Mary Fried, Camp Agawak, LTD to dismiss for lack of jurisdiction , or, AlternativelyMOTION by Defendants Mary Fried, Camp Agawak, LTD to transfer case #13 , response in opposition to motion, #22 (Reply in Support of Defendants' Motion to Dismiss, or, Alternatively, to Transfer Venue) (Attachments: #1 Exhibit A)(Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 23 NOTICE by David McGowan re response in opposition to motion, #22 (Mathias, Megan) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 22 RESPONSE by David McGowanin Opposition to MOTION by Defendants Mary Fried, Camp Agawak, LTD to dismiss for lack of jurisdiction , or, AlternativelyMOTION by Defendants Mary Fried, Camp Agawak, LTD to transfer case #13 (Mathias, Megan) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 21 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's Uncontested Motion for extension of time to file response/reply #19 is granted. Plaintiff's response to the motion to dismiss #13 is due by 4/22/2019; Defendant's reply by 5/6/2019. The motion presentment date of 4/18/2019 is stricken; parties need not appear. Status hearing set for 6/4/2019 is stricken and reset for 7/9/2019 at 09:00 AM. Mailed notice (ef, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 20 NOTICE of Motion by Megan Mae Mathias for presentment of motion for extension of time to file response/reply #19 before Honorable Andrea R. Wood on 4/18/2019 at 09:00 AM. (Mathias, Megan) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 19 MOTION by Plaintiff David McGowan for extension of time to file response/reply as to motion hearing,, set motion and R&R deadlines/hearings, #16 (Mathias, Megan) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 18 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. As stated on the record, written discovery may be served but the parties' obligations to respond are stayed. Deposition discovery is stayed. The parties' obligations to provide mandatory initial discovery are stricken until further order of Court. Status hearing set for 6/4/2019 at 9:00 AM. Mailed notice (ef, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 17 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) , filed by Plaintiff David McGowan. (Mathias, Megan) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 16 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Plaintiff's response to the motion to dismiss #13 is due by 4/11/2019; defendant's reply by 4/25/2019. Status hearing remains set for 4/3/2019. Mailed notice (ags, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 15 NOTICE of Motion by Stacey Lynn Smiricky for presentment of motion to dismiss/lack of jurisdiction, motion to transfer case #13 before Honorable Andrea R. Wood on 3/14/2019 at 09:00 AM. (Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 14 MEMORANDUM by Camp Agawak, LTD, Mary Fried in support of motion to dismiss/lack of jurisdiction, motion to transfer case #13 (Attachments: #1 Declaration of Mary Fried)(Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 13 MOTION by Defendants Mary Fried, Camp Agawak, LTD to dismiss for lack of jurisdiction , or, Alternatively, MOTION by Defendants Mary Fried, Camp Agawak, LTD to transfer case (Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 12 ATTORNEY Appearance for Plaintiff David McGowan by Megan Mae Mathias Megan Lopp Mathias (Mathias, Megan) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 11 ATTORNEY Appearance for Defendants Camp Agawak, LTD, Mary Fried by Sylvia B. St. Clair (St. Clair, Sylvia) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 10 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 4/3/2019 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 9 MAILED notice of removal letter to counsel of record, via email. (ph, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 8 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ph, ) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 7 ATTORNEY Appearance for Defendants Camp Agawak, LTD, Mary Fried by Benjamin Ryan Prinsen (Prinsen, Benjamin) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 6 STATEMENT OF FILING AND SERVICE OF NOTIFICATION OF REMOVAL by Camp Agawak, LTD, Mary Fried (Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Camp Agawak, LTD (Corporate Disclosure Statement) (Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 4 ATTORNEY Appearance for Defendants Camp Agawak, LTD, Mary Fried by Tess Godhardt (Godhardt, Tess) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 3 ATTORNEY Appearance for Defendants Camp Agawak, LTD, Mary Fried by Stacey Lynn Smiricky (Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 2 CIVIL Cover Sheet (Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| Filing 1 NOTICE of Removal from The Circuit Court of Cook County, Illinois, case number (2019-M1-103955) filed by Camp Agawak, LTD, Mary Fried Filing fee $ 400, receipt number 0752-15549303. (Attachments: #1 Exhibit 1 & 2)(Smiricky, Stacey) [Transferred from Illinois Northern on 10/16/2020.] |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jjr, ) [Transferred from Illinois Northern on 10/16/2020.] |
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