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 58 |
Filed: 4/21/2014, Entered: None |
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CLERK'S JUDGMENT. Approved by Judge Michael J. Reagan on 04/21/14. (dkd ) (Entered: 04/21/2014)
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 57 |
Filed: 2/4/2014, Entered: None |
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60 DAY ORDER: The undersigned District Judge has been advised by the parties that the above-captioned action is settled in its entirety, but the parties need additional time to finalize the settlement documents. Accordingly, the undersigned District Judge DIRECTS the Clerk of Court, 60 days after this Order is docketed, to ENTER JUDGMENT OF DISMISSAL with prejudice. Each party shall bear his own costs, unless otherwise provided in the settlement documents. If the parties fail to finalize the settlement within the 60-day period, they may -- before that period expires -- move to postpone entry of judgment to a later date. Due to the settlement, the Court CANCELS all settings herein, including the February 7, 2014 Hearing that was scheduled to proceed before Magistrate Judge Stephen C. Williams as the Motion for Good Faith Finding (Doc. 54 ) is now MOOT. (Responses due by 4/10/2014). Signed by Judge Michael J. Reagan on 02/04/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/04/2014)
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| 56 |
Filed: 1/29/2014, Entered: None |
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NOTICE of Hearing on Motion 54 MOTION for Settlement (Good faith Finding and Dismissal) : Motion Hearing set for 2/7/2014 at 02:30 PM in East St. Louis Courthouse before Magistrate Judge Stephen C. Williams. The parties are to disclose the terms of the settlement to the co-defendant in order to allow them the opportunity to object. The Court notes that the hearing will not be, nor can it be, sealed. See Citizens First National Bank v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999); Baxter Int., Inc. v. Abbot Labs. 297 F.3d 544 (7th Cir. 2002); Bond v. Utreras, 585 F.3d 1061, 1073 - 76 (7th Cir. 2009); Goesel v. Boley Intern. Ltd., 738 F.3d 831 (7th Cir. 2013). (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/29/2014)
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| 55 |
Filed: 1/21/2014, Entered: None |
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NOTICE OF ERRORS AND/OR DEFICIENCIES re 54 Motion for Settlement filed by The Coca-Cola Company. See attached document for specifics (msd) (Entered: 01/21/2014)
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Request |
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| 54 |
Filed: 1/20/2014, Entered: None |
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MOTION for Settlement (Good faith Finding and Dismissal) by The Coca-Cola Company. (Attachments: # 1 Exhibit A )(Noeltner, Barry) Attachment (prop order) deleted on 1/21/2014 (msd). (Entered: 01/20/2014)
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| 53 |
Filed: 1/15/2014, Entered: None |
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MOTION to Exclude Expert Testimony of Mitchell Rackers, P.E. by Zulfi, Inc.. (Attachments: # 1 Exhibit A - Report of Mitchell Rackers, # 2 Exhibit B - Deposition of Mitchell Rackers, # 3 Exhibit C - CV of Mitchell Rackers)(Wolf, Timothy) (Entered: 01/15/2014)
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Request |
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| 52 |
Filed: 1/15/2014, Entered: None |
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MOTION for Summary Judgment on Count II of Plaintiff's Second Amended Complaint by Zulfi, Inc.. Responses due by 2/18/2014 (Attachments: # 1 Statement of Uncontroverted Facts, # 2 Memorandum in Support of Defendant's Motion for Summary Judgment, # 3 Exhibit Report of James Briem, # 4 Exhibit Deposition of Lauren Welch)(Wolf, Timothy) (Entered: 01/15/2014)
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Request |
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| 51 |
Filed: 12/13/2013, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Stephen C. Williams: Settlement Conference held on 12/13/2013. Plaintiff Lauren Welch appears with counsel Christopher Geldmacher; Defendant Zulfi appears through Rana Sammani, Claims Representative and counsel David Hesi and Timothy Wolf; Defendant Coca-Cola appears through Ken Hagedorn, Travlers Ins and counsel Barry Noeltner. Case settled as to defendant Coca-Cola. The parties did not reach a settlement with regards to defendant Zulfi, Inc. (Court Reporter Liberty Recording.) (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/13/2013)
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| 50 |
Filed: 11/14/2013, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Stephen C. Williams: Status Conference held on 11/14/2013. Christopher Geldmacher for Plaintiff. David Hesi and Tim Wolf for Defendant Zulfi. Barry Noeltner for Coca-Cola. Parties indicate they are prepared to go forward with settlement conference which remains set for 12/13/13. Defendants to convey response to settlement demand prior to due date for settlement statements. (Court Reporter n/a.) (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/15/2013)
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| 49 |
Filed: 11/13/2013, Entered: None |
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NOTICE of Hearing: Status Conference set for 11/14/2013 at 1:30 PM via Telephone Conference before Magistrate Judge Stephen C. Williams. Instructions for placing the conference call are as follows: Call toll free 888-684-8852; when prompted enter Access Code 6049846; and when prompted enter Security Code 9467. (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/13/2013)
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| 48 |
Filed: 10/23/2013, Entered: None |
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NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 47 Notice (Other) filed by Zulfi, Inc. See attached document for specifics. (anm) (Entered: 10/23/2013)
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| 47 |
Filed: 10/22/2013, Entered: None |
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STRICKEN PURSUANT TO DOC. 48 - NOTICE by Zulfi, Inc. of Discovery Deposition and To Produce Documents (Wolf, Timothy) Modified on 10/23/2013 (anm). (Entered: 10/22/2013)
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| 46 |
Filed: 10/22/2013, Entered: None |
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ORDER re 38 MOTION for Voluntary Dismissal of Defendant William Nejelski d/b/a B&B Distributors: Under Federal Rule of Civil Procedure 41(a)(2), the Plaintiff may request dismissal of an action and the Court may dismiss on terms that it deems proper. Because there is no objection to Plaintiffs motion (See Doc. 42 ), the dismissal of William Nejelski d/b/a B&B Distributors is GRANTED and this party is DISMISSED without prejudice. The Clerk of the Court is directed to TERMINATE William Nejelski d/b/a B&B Distributors as a party to this case. Signed by Judge Michael J. Reagan on 10/22/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/22/2013)
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| 45 |
Filed: 10/18/2013, Entered: None |
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SUPPLEMENT by Lauren Welch. Supplement to 36 Order on Motion to Amend/Correct,, Expert Witness Disclosure. (Attachments: # 1 Exhibit Ex. 1 part 1, # 2 Exhibit Ex. 1 part 2, # 3 Exhibit Ex. 1 part 3, # 4 Exhibit Ex. 1 part 4, # 5 Exhibit Ex. 1 part 5, # 6 Exhibit Ex. 1 part 6, # 7 Exhibit Ex. 1 part 7, # 8 Exhibit Ex. 1 part 8)(Geldmacher, Christopher) (Entered: 10/18/2013)
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| 44 |
Filed: 10/15/2013, Entered: None |
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ANSWER to Complaint (Second Amended) by The Coca-Cola Company.(Noeltner, Barry) (Entered: 10/15/2013)
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| 43 |
Filed: 10/15/2013, Entered: None |
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ANSWER to Complaint by Zulfi, Inc..(Wolf, Timothy) (Entered: 10/15/2013)
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| 42 |
Filed: 10/15/2013, Entered: None |
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RESPONSE to 38 Motion to Dismiss filed by William Nejelski. (Brunton, Shari) (Entered: 10/15/2013)
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| 41 |
Filed: 10/11/2013, Entered: None |
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ORDER granting 40 Motion to Appear Pro Hac Vice. Attorney Mandi Diane Moutray on behalf of Zulfi, Inc. (cekf)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/11/2013)
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| 40 |
Filed: 10/10/2013, Entered: None |
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MOTION to Appear Pro Hac Vice by AttorneyMandi Diane Moutray $100 fee paid,receipt number 0754-2091953 by on behalf of Zulfi, Inc.. (Moutray, Mandi) (Entered: 10/10/2013)
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| 39 |
Filed: 10/10/2013, Entered: None |
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ORDER, re 38 MOTION to Dismiss Voluntary Dismissal of Defendant William Nejelski d/b/a B&B Distributors. Defendant Nejelski shall file its response, if any, to the motion on or before October 24, 2013. (Responses due by 10/24/2013). Signed by Judge Michael J. Reagan on 10/10/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/10/2013)
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| 38 |
Filed: 10/3/2013, Entered: None |
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MOTION to Dismiss Voluntary Dismissal of Defendant William Nejelski d/b/a B&B Distributors by Lauren Welch. Responses due by 11/7/2013 (Geldmacher, Christopher) (Entered: 10/03/2013)
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| 37 |
Filed: 10/2/2013, Entered: None |
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NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 32 Notice (Other) filed by Lauren Welch. Document was filed using the Notice event when in fact it should be filed using a Motion event. Entry is stricken by clerk and filer is instructed to re-file document as a Motion for Voluntary Dismissal of Defendant Nejelski. (drb) (Entered: 10/02/2013)
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| 36 |
Filed: 10/2/2013, Entered: None |
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ORDER granting 34 Motion to Amend/Correct. The scheduling order is modified as to the expert witnesses deadlines, as agreed to by the parties. All other deadlines remain the same. Plaintiff has until October 18, 2013 to supplement her expert witness disclosures. Deadline for taking Plaintiff expert's deposition is moved to November 15, 2013. Defendants must disclose their expert witnesses by December 6, 2013. Signed by Magistrate Judge Stephen C. Williams on 10/2/2013. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/02/2013)
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| 35 |
Filed: 10/1/2013, Entered: None |
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NOTICE OF ERRORS AND/OR DEFICIENCIES re 31 Amended Document filed by Lauren Welch. Filer selected Amended Document; however, the filer should have selected Amended Complaint. Docket entry corrected by the Clerk's Office. No further action required by the filer as to this document. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/01/2013)
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| 34 |
Filed: 10/1/2013, Entered: None |
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MOTION to Amend/Correct 20 Scheduling Order Plaintiff's Motion for Extention of Time to Produce Report From Plaintiff's Expert, Mitch Rackers by Lauren Welch. (Geldmacher, Christopher) (Entered: 10/01/2013)
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| 33 |
Filed: 10/1/2013, Entered: None |
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Expert Witness Designation Plaintiff's Expert Witness Disclosure by Lauren Welch. (Attachments: # 1 Exhibit Dr. Gornet DV, # 2 Exhibit Mr. Rackers Professional Resume, # 3 Exhibit Mr. Rackers Testimonial History, # 4 Exhibit Mr. Rackers Fee Schedule)(Geldmacher, Christopher) (Entered: 10/01/2013)
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| 32 |
Filed: 10/1/2013, Entered: None |
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ENTRY STRICKEN - NOTICE by Lauren Welch Dismissal of Defendant William Nejelski d/b/a B&B Distributors (Geldmacher, Christopher) Modified on 10/2/2013 (drb). (Entered: 10/01/2013)
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| 31 |
Filed: 9/30/2013, Entered: None |
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SECOND AMENDED COMPLAINT against The Coca-Cola Company, William Nejelski, Zulfi, Inc., filed by Lauren Welch. (Geldmacher, Christopher) Modified on 10/1/2013 (tkm). (Entered: 09/30/2013)
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| 30 |
Filed: 9/27/2013, Entered: None |
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ORDER granting 26 Motion for Leave to File. Plaintiff has up to and including October 3, 2013 in which to file her Amended Complaint. Signed by Magistrate Judge Stephen C. Williams on 9/27/2013. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/27/2013)
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| 29 |
Filed: 9/6/2013, Entered: None |
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ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 12/13/2013 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Stephen C. Williams. Signed by Magistrate Judge Stephen C. Williams on 9/6/13. (amv) (Entered: 09/06/2013)
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| 28 |
Filed: 9/6/2013, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Stephen C. Williams: Status Conference held on 9/6/2013. Chris Geldmacher for Plaintiff. David Hesi for Zulfi. Shari Brunton for Nejelski. Barry Noeltner for Coca-Cola. Case set for settlement conference on 12/13/13 at 9:00 a.m. Plaintiff to make formal demand no later than 11/6/13. (Court Reporter n/a.) (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/06/2013)
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| 27 |
Filed: 9/4/2013, Entered: None |
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NOTICE OF ERRORS AND/OR DEFICIENCIES re 26 Motion for Leave to File filed by Lauren Welch. See attached document for specifics (cekf) (Entered: 09/04/2013)
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| 26 |
Filed: 9/3/2013, Entered: None |
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MOTION for Leave to File Second Amended Complaint by Lauren Welch. (Attachments: # 1 Second Amended Complaint)(Geldmacher, Christopher) (Entered: 09/03/2013)
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Request |
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| 25 |
Filed: 8/28/2013, Entered: None |
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ORDER striking 24 Motion for Disclosure. Under Local Rule 26.1 (b)(2), initial disclosures are only to be filed upon order of the Court. As the Court has not ordered its filing, Defendant's initial disclosures should just be served on the other party, not filed. Signed by Magistrate Judge Stephen C. Williams on 8/28/2013. (anj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/28/2013)
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| 24 |
Filed: 8/28/2013, Entered: None |
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STRICKEN BY COURT ORDER 25 : MOTION for Disclosure Rule 26(a) Initial Disclosures by Zulfi, Inc.. (Hesi, David) Modified on 8/29/2013 (lmb). (Entered: 08/28/2013)
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| 23 |
Filed: 8/20/2013, Entered: None |
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NOTICE of Appearance by Timothy J. Wolf on behalf of Zulfi, Inc. (Wolf, Timothy) (Entered: 08/20/2013)
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| 22 |
Filed: 8/15/2013, Entered: None |
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NOTICE of Appearance by Robert L. Carter on behalf of Zulfi, Inc. (Carter, Robert) (Entered: 08/15/2013)
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| 21 |
Filed: 6/12/2013, Entered: None |
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NOTICE of Appearance by Shari M. Brunton on behalf of William Nejelski (Brunton, Shari) (Entered: 06/12/2013)
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| 20 |
Filed: 6/4/2013, Entered: None |
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SCHEDULING ORDER: Discovery due by 1/1/2014. Dispositive Motions due by 1/15/2014. Signed by Magistrate Judge Stephen C. Williams on 6/4/13. (Attachments: # 1 Joint Report of the Parties)(amv) (Entered: 06/04/2013)
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| 19 |
Filed: 6/4/2013, Entered: None |
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Minute Entry for proceedings held before Magistrate Judge Stephen C. Williams: Discovery Hearing held on 6/4/2013. Chris Geldmacher for Plaintiff. Barry Noeltner for Defendant Coca-Cola. Patricia Carragher for Defendant Nejelski DBA B & B. David Hesi does not appear as he did not receive notice of hearing. However, Mr. Hesi, on behalf of Zulfi, did participate in the scheduling meeting of the parties. Therefore, the Court adopts the proposed scheduling submitted by the parties. The Clerk is directed to add David Hesi as counsel for Defendant Zulfi as Mr. Hesi appeared in State Court for Defendant Zulfi and filed a consent to removal to this court. (doc. 2, Ex. C). Plaintiff or counsel for Zulfi is directed to file Defendant Zulfi's answer which was already filed in state court before removal. Status Conference set for 9/6/2013 at 9:45 AM via Telephone Conference before Magistrate Judge Stephen C. Williams. Instructions for placing the conference call are as follows: Call toll free 888-684-8852; when prompted enter Access Code 6049846; and when prompted enter Security Code 9467. (Court Reporter n/a.) (amv) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/04/2013)
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| 18 |
Filed: 5/28/2013, Entered: None |
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NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 17 Notice of Appearance filed by William Nejelski. Document attached is once again blank. Filer should refile their entry of appearance document and view document before efiling. (lmb) (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/28/2013)
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| 17 |
Filed: 5/22/2013, Entered: None |
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ENTRY STRICKEN: NOTICE of Appearance by Shari M. Brunton on behalf of William Nejelski (Brunton, Shari) Modified on 5/28/2013 (lmb). (Entered: 05/22/2013)
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| 16 |
Filed: 5/22/2013, Entered: None |
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NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 15 Notice of Appearance filed by William Nejelski. Document attached is blank. Filer should refile their entry of appearance by attaching the correct document. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/22/2013)
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| 15 |
Filed: 5/21/2013, Entered: None |
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ENTRY STRICKEN: NOTICE of Appearance by Shari M. Brunton on behalf of William Nejelski (Brunton, Shari) Modified on 5/22/2013 (lmb). (Entered: 05/21/2013)
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| 14 |
Filed: 5/21/2013, Entered: None |
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ANSWER to Complaint First Amended by William Nejelski.(Brunton, Shari) (Entered: 05/21/2013)
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| 13 |
Filed: 5/15/2013, Entered: None |
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NOTICE of Scheduling and Discovery Conference: Scheduling/Discovery Conference set for 6/4/2013 at 10:00 AM via Telephone Conference before Magistrate Judge Stephen C. Williams. (amv) (Entered: 05/15/2013)
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| 12 |
Filed: 4/23/2013, Entered: None |
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CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (lmb) (Entered: 04/23/2013)
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| 11 |
Filed: 4/22/2013, Entered: None |
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CJRA TRACK B assigned: Final Pretrial Conference set for 5/2/2014 at 10:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. Jury Trial set for 5/19/2014 at 09:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. (dkd ) (Entered: 04/22/2013)
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| 10 |
Filed: 4/10/2013, Entered: None |
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NOTICE OF REMOVAL by The Coca-Cola Company (AMENDED) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Noeltner, Barry) (Entered: 04/10/2013)
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| 9 |
Filed: 4/10/2013, Entered: None |
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NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 8 Motion to Amend/Correct filed by The Coca-Cola Company as document filed is the Amended Notice of Removal. Filer should refile document using the Notice of Removal event and text in Amended. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/10/2013)
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| Save 25% on a pre-paid one year subscription. |
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| 8 |
Filed: 4/8/2013, Entered: None |
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ENTRY STRICKEN: MOTION to Amend/Correct 2 Notice of Removal by The Coca-Cola Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Noeltner, Barry) Modified on 4/10/2013 (lmb). (Entered: 04/08/2013)
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| 7 |
Filed: 3/22/2013, Entered: None |
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CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (tkm ) (Entered: 03/22/2013)
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| 6 |
Filed: 3/20/2013, Entered: None |
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NOTICE AND ORDER, Setting deadline for Amended Pleading. In light of Seventh Circuit admonitions, see, e.g. Americas Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072 (1992), the Court has undertaken an initial review of the pleadings to ensure that jurisdiction has been properly pleaded. Plaintiff invokes jurisdiction pursuant to 28 U.S.C. § 1332, the diversity statute. Coca-Colas Notice of Removal says that Zulfi is a Missouri corporation or LLC with its registered agent and organizers in the State of Missouri. In order to properly allege Zulfi's citizenship, the removal notice needs to say precisely whether Zulfi is a corporation or an LLC. If Zulfi is a corporation, the removal notice needs to allege the state of incorporation as well as its principal place of business. See 28 U.S.C. § 1332(c). If Zulfi is an LLC, the removal notice must allege the citizenship of each of its members. See Hukic v. Aurora Loan Services, 588 F.3d 420, 427 (7th Cir. 2009). Accordingly, Coca-Cola is ORDERED to file an Amended Notice of Removal that corrects the defects in its pleading of the Courts subject matter jurisdiction. Coca-Colas Amended Notice of Removal shall be filed no later than April 10, 2013.(Amended Notice of Removal due by 4/10/2013). Signed by Judge Michael J. Reagan on 03/20/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/20/2013)
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| 5 |
Filed: 3/19/2013, Entered: None |
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Corporate Disclosure Statement by The Coca-Cola Company. (Noeltner, Barry) (Entered: 03/19/2013)
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| 4 |
Filed: 3/19/2013, Entered: None |
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ANSWER to Complaint (1st AMENDED) by The Coca-Cola Company.(Noeltner, Barry) (Entered: 03/19/2013)
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| 3 |
Filed: 3/15/2013, Entered: None |
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EXHIBIT by The Coca-Cola Company. Exhibit to 2 Notice of Removal (Civil Cover Sheet). (Noeltner, Barry) (Entered: 03/15/2013)
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| 2 |
Filed: 3/15/2013, Entered: None |
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NOTICE OF REMOVAL by The Coca-Cola Company from Third Judicial Circuit - Madison County, IL, case number 12-L-1899. ( Filing fee $ 350 receipt number 0754-1916963) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Noeltner, Barry) (Entered: 03/15/2013)
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| 1 |
Filed: 3/15/2013, Entered: None |
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Case Opened. Documents may now be electronically filed. Case number 13-254-MJR/SCW must be placed on all documents prior to filing them electronically. (Attachments: # 1 Notice and Consent)(jlrr) (Entered: 03/15/2013)
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Update
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