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Tuesday, August 20, 2019

U.S. District Court for the Southern District of Illinois: Actions Taken on Jan. 15

Lawsuits

By The Madison County Record | Jan 16, 2019


The U.S. District Court for the Southern District of Illinois reported the following activity on Jan. 15 in the suits below:

In Vincent A Bagby against State Farm Casualty Insurance Co. and Michael L. Tipsord: 'Set/reset Deadlines: The Court Orders That The Plaintiff To Correct The Deficiencies In The Complaint On Or Before February 11, 2019. Otherwise, The Court Will Dismiss This Matter For Lack Of Subject Matter Jurisdiction And For Failure To Conform With Rule 8(a). Action Due By 2/11/2019. (cds)'.

Case number 3:18-cv-02154-NJR-MAB was filed in the U.S. District Court for the Southern District of Illinois.

In Jami Mayhew against General Medicine, PC and Thomas M Prose: 'Notice Of Appearance By Daniel K. Cetina On Behalf Of Jami Mayhew (cetina, Daniel)'.

Case number 3:18-cv-02177-JPG-RJD was filed in the U.S. District Court for the Southern District of Illinois.

In August J Rose against Permobil, Inc. and ROHO Inc:

'Motion For Summary Judgment By Permobil, Inc.. Responses Due By 2/19/2019 (daming, Lauren)'

'Entry Stricken: Memorandum In Support Re 16 Motion For Summary Judgment Filed By Permobil, Inc.. (daming, Lauren) Modified On 1/16/2019 (lmb).'

'Memorandum In Support Re 16 Motion For Summary Judgment Filed By Permobil, Inc.. (attachments: # 1 Statement Of Uncontroverted Material Facts In Support Of Defendant Permobil, Inc.'s Motion For Summary Judgment, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(daming, Lauren)'

'Motion To Dismiss For Failure To State A Claim , Motion To Dismiss For Lack Of Jurisdiction , Motion For Judgment On The Pleadings By All Defendants. Responses Due By 2/19/2019 (daming, Lauren)'

'Memorandum In Support Re 19 Motion To Dismiss For Failure To State A Claim Motion To Dismiss For Lack Of Jurisdiction Motion For Judgment On The Pleadings Filed By All Defendants. (attachments: # 1 Exhibit A, # 2 Exhibit B)(daming, Lauren)'

'Answer To 1 Complaint By Permobil, Inc..(daming, Lauren)'

'Answer To 1 Complaint By Roho Inc.(daming, Lauren)'

Case number 3:18-cv-02142-SMY-MAB was filed in the U.S. District Court for the Southern District of Illinois.

In Sierria L. Johnson against Gillson Trucking, Inc. and FNU Namit: 'Order Granting 8 Consent Motion To Substitute Attorney Filed By Gillson Trucking, Inc. Attorney Donald O'keefe Is Directed To Update His Firm Name And Address With The Clerk Of Court. Signed By Magistrate Judge Reona J. Daly On 1/15/2019. (ely)this Text Entry Is An Order Of The Court. No Further Documentation Will Be Mailed.'.

Case number 3:18-cv-02226-NJR-RJD was filed in the U.S. District Court for the Southern District of Illinois.

In Employers and Operating Engineers Local 520 Pension Fund, Ronald S. Kaempfe, Eugene Keeley, Pete Korte, Mark Johnson, Chad Goldschmidt, Dale Keller, Employers and Operating Engineers Local 520 Health and Welfare Fund, Operating Engineers Local 520 Joint Apprenticeship and Training Fund, Michael Luhr, Michael Parkinson, Employers and Operating Engineers Local 520 Vacation Fund, Charles Mahoney, Tim Keeley, David Baxmeyer, Steve Smith, Operating Engineers Local 520 Annuity Trust Fund, Henry Rohwedder, Kenneth J. Kilian and Ken Toennies against Moniger Excavating Company, Inc. and Mike Moniger: 'Summons Reissued As To Moniger Excavating Company, Inc.. (cds)'.

Case number 3:18-cv-02208-JPG-RJD was filed in the U.S. District Court for the Southern District of Illinois.

In Nancy Picard against Fimco Inc. and Wellmark International, Inc: 'Complaint Against All Defendants (filing Fee $ 400 Receipt Number 0754-3771733), Filed By All Plaintiffs. (attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons, # 3 Summons Summons, # 4 Supplement Entry Of Appearance)(wendler, Brian) Modified On 1/16/2019 (cjo).'.

Case number 3:19-cv-00046-SMY-GCS was filed in the U.S. District Court for the Southern District of Illinois.

In Bruce Betzner and Barbara Betzner against A.O. Smith Corporation, Foster Wheeler Energy Corporation, The Boeing Company, Dana Companies, LLC, Lindberg, Imo Industries, Inc., A.W. Chesterton Company, Baldor Electric Company, Beazer East, Inc., BMI Refractory Services, Inc., Borgwarner Morse Tec LLC, Carrier Corporation, CBS Corporation, Certainteed Corporation, Cleaver-Brooks, Inc., Columbus McKinnon Corporation, Cooper Industries Inc., Cooper Industries, LLC, Crane Co., Dap, Inc., Duro Dyne, Inc., Eaton Aeroquip LLC, Eaton Corporation, Ferro Engineering, FMC Corporation, Foseco, Inc., Gardner Denver, Inc., General Electric Company, Genuine Parts Co., Grinnell LLC, H.B. Fuller Company, Hamilton Sundstrand Corporation, Henkel Corporation, Henry Pratt Company, Hexcel Corporation, Ingersoll-Rand Company, ITT Corporation, John Crane, Inc., Metropolitan Life Insurance Co., Mueller, Co., Ltd., Occidental Chemical Corporation (Durez Division), Pneumo-Abex, Rockwell Automation, Inc., RSCC Wire & Cable, Inc., Schneider Electric USA, Inc., The J.R. Clarkson Company, The Okonite Company, Inc., Trane U.S., Inc., Union Carbide Corporation, Uniroyal, Inc., United States Steel Corporation, United Technologies Corporation, United Technologies Corporation-Hamilton Sundstrand Division, Whiting Corporation, Whiting Equipment Canada, Inc. and Riley Power, Inc.:

'Notice Of Appearance By Benjamin J. Wilson On Behalf Of Foseco, Inc. (wilson, Benjamin)'

'Defendant Foseco, Inc.'s Answer To Complaint Affirmative And Other Defenses, Crossclaim Answer To Crossclaims And Jury Demand Against All Defendants By Foseco, Inc..(wilson, Benjamin)'

'Corporate Disclosure Statement By Foseco, Inc.. (wilson, Benjamin)'

'Notice Of Appearance By Carl J. Geraci On Behalf Of Foseco, Inc. (geraci, Carl)'

Case number 3:18-cv-01294-SMY-RJD was filed in the U.S. District Court for the Southern District of Illinois.

In United Association of the Plumbing and Pipe Fitting Industry of United States and Canada, Local No 360, Don DeGonia, Thomas Kowalski, Kent Dickemann, Plumbers Local No 360 Pension Fund, Plumbers Local No 360 Supplemental Pension Fund, Plumbers Local No 360 Health and Welfare Fund, Plumbers Local No 360 Vacation Fund, Robin Adair, Jeff Davis, Kevin Nenninger, Eric Gillan, Plumbers Local No. 360 Joint Apprenticeship and Training Program Trust, East Side Plumbing and Heating Contractors Industry Advancement Fund, Great South-Western Plumbing, Heating, Cooling, Mechanical Contractors - U.A. Safety, Education & Training Trust Fund and Great South-Western Plumbing, Heating, Cooling Mechanical Contractors Substance Abuse Policy Trust Fund against Ehret, Inc.:

'Complaint Against Ehret, Inc. ( Filing Fee $ 400 Receipt Number 0754-3771317.), Filed By Don Degonia, Plumbers Local No 360 Health And Welfare Fund, Great South-western Plumbing, Heating, Cooling, Mechanical Contractors - U.a. Safety, Education & Training Trust Fund, United Association Of The Plumbing And Pipe Fitting Industry Of United States And Canada, Local No 360, Great South-Western Plumbing, Heating,cooling Mechanical Contractors Substance Abuse Policy Trust Fund, Kevin Nenninger, East Side Plumbing And Heating Contractors Industry And Advancement Fund, Plumbers Local No 360 Supplemental Pension Fund, Thomas Kowalski, Kent Dickemann, Jeff Davis, Eric Gillan, Plumbers Local No. 360 Joint Apprenticeship And Training Program Trust, Plumbers Local No 360 Vacation Fund, Kent Dickemann(in Their Representative Capacities As Trustees Of Plumbers Local No 360 Pension Fund, Local 360 Supplemental Pension Fund, Plumbers Local 360 Health & Welfare Fund And Plumbers Local 360 Vacation Fund), Robin Adair, Plumbers Local No 360 Pension Fund. (attachments: # 1 Summons Attachment)(campbell, Greg)'

'Notice Of Appearance By Greg A. Campbell On Behalf Of Robin Adair, Jeff Davis, Don Degonia, Kent Dickemann, Kent Dickemann(in Their Representative Capacities As Trustees Of Plumbers Local No 360 Pension Fund, Local 360 Supplemental Pension Fund, Plumbers Local 360 Health & Welfare Fund And Plumbers Local 360 Vacation Fund), East Side Plumbing And Heating Contractors Industry And Advancement Fund, Eric Gillan, Great South-western Plumbing, Heating, Cooling, Mechanical Contractors - U.a. Safety, Education & Training Trust Fund, Great South-Western Plumbing, Heating,cooling Mechanical Contractors Substance Abuse Policy Trust Fund, Thomas Kowalski, Kevin Nenninger, Plumbers Local No 360 Health And Welfare Fund, Plumbers Local No 360 Pension Fund, Plumbers Local No 360 Supplemental Pension Fund, Plumbers Local No 360 Vacation Fund, Plumbers Local No. 360 Joint Apprenticeship And Training Program Trust, United Association Of The Plumbing And Pipe Fitting Industry Of United States And Canada, Local No 360 (campbell, Greg)'

Case number 3:19-cv-00043-SMY-RJD was filed in the U.S. District Court for the Southern District of Illinois.

In Auto-Owners Insurance Company against A-Z Welding & Machine, Inc., Bob Ayers and Kevin Brown: 'Order Regarding Jurisdiction: This Matter Is Before The Court Sua Sponte On The Issue Of Federal Subject Matter Jurisdiction. See Foster V. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) ("it Is The Responsibility Of A Court To Make An Independent Evaluation Of Whether Subject Matter Jurisdiction Exists In Every Case."). Plaintiff Filed This Declaratory Judgment Action On January 11, 2019, Asserting That This Court Has Original Jurisdiction Over The Action Pursuant To The Complete Diversity Of The Parties, As Per 28 U.s.c. 1332 (doc. 1 ). Plaintiff, However, Has Failed To Properly Allege The Citizenship Of Defendants Bob Ayers And Kevin Brown. Plaintiff Alleges That These Defendants Are Residents Of Illinois. However, "residence And Citizenship Are Not Synonyms And It Is The Latter That Matters For Purposes Of Diversity Jurisdiction." Meyerson V. Harrah's E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002). The Citizenship Of A Natural Person For Diversity Purposes Is Determined, Of Course, By The Person's Domicile, See Pollution Control Indus. Of Am., Inc. V. Van Gundy, 21 F.3d 152, 155 N. 4 (7th Cir. 1994), Which Means The State Where The Person Is Physically Present With An Intent To Remain There Indefinitely. See Perry V. Pogemiller, 16 F.3d 138, 140 (7th Cir. 1993); Cassens V. Cassens, 430 F. Supp. 2d 830, 833 (s.d. Ill. 2006). Accordingly, Pursuant To 28 U.s.c. 1653, Plaintiff Is Ordered To File An Amended Complaint On Or Before February 12, 2019 To Properly Set Forth The Citizenship Of Defendants Bob Ayers And Kevin Brown. Signed By Judge Nancy J. Rosenstengel On 1/15/2019. (bak)this Text Entry Is An Order Of The Court. No Further Documentation Will Be Mailed.'.

Case number 3:19-cv-00039-NJR-RJD was filed in the U.S. District Court for the Southern District of Illinois.

In Painters District Council #58 401(k) Trust Fund, Painters District Council #58 Fringe Benefit Funds, Illinois State Painters Welfare Fund and International Painters and Allied Trades Industry Pension Fund against H.F. Fritsch & Sons, Inc. and Charles Wendell Fritsch:

'Vacated Per Order At Doc. 45 Clerk's Judgment. Approved By Judge J. Phil Gilbert On 1/15/2019. (jdh) Modified On 1/17/2019 (kdb).'

'Motion To Vacate 43 Clerk's Judgment And Request For Referral To The Magistrate For Mediation, Or Settlement Conference By All Plaintiffs. (kimmey, James)'

Case number 3:17-cv-00578-JPG-GCS was filed in the U.S. District Court for the Southern District of Illinois.

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U.S. District Court for the Southern District of Illinois

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