Kreke v. Bryan et al
| Illinois Southern District Court | |
| Judge: | J Phil Gilbert |
| Case #: | 3:24-cv-00548 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-(Citizenship) |
| Case Filed: | Feb 26, 2024 |
| Terminated: | Jul 30, 2024 |
| Case in other court: | St. Clair County Circuit Court, 24LA0247 |
| Last checked: Saturday Aug 24, 2024 4:19 AM CDT |
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Defendant
James Perry Bryan
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Represented By
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Defendant
John Bracken Bryan
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Represented By
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Defendant
John Shelby Bryan
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Represented By
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Defendant
Phillip R. Smith
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Represented By
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Plaintiff
Allen Kreke
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Represented By
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GPO
Jun 21 2024
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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GPO
Jul 30 2024
r action by the transferee Court. Signed by Judge J. Phil Gilbert on 7/30/2024. (jdh)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 fo |
| Docket last updated: 04/25/2025 11:59 PM CDT |
| Monday, August 05, 2024 | ||
| 46 | 46
misc
Docket Annotation
Mon 08/05 8:13 AM
Docket Annotation - Case transferred from Illinois Southern has been opened in SOUTHERN DISTRICT OF TEXAS as case 4:24-cv-02884, filed 08/02/2024. (clw) |
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| Wednesday, July 31, 2024 | ||
| 45 | 45
misc
Docket Annotation
Wed 07/31 8:07 AM
Docket Annotation - Case has been electronically transferred to the Southern District of Texas. (kdw) |
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| Tuesday, July 30, 2024 | ||
| 44 | 44
3
pgs
order
Memorandum & Opinion ~Util - Terminate Motions Order Transferring Case to Other District
Tue 07/30 3:16 PM
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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| Monday, July 29, 2024 | ||
| 43 | 43
respm
Response to Motion
Mon 07/29 4:35 PM
RESPONSE to Motion re18 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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| Monday, July 15, 2024 | ||
| 42 | 42
order
Scheduling Order
Mon 07/15 1:04 PM
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.(tag) |
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Att: 1
Joint Report
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| Tuesday, July 09, 2024 | ||
| 41 | 41
order
Order on Motion for Extension of Time to File Response/Reply
Tue 07/09 5:15 PM
ORDER granting40 Motion for Extension of Time to File Response to18 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) |
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| 40 | 40
motion
Extension of Time to File Response/Reply
Tue 07/09 3:38 PM
Consent MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue by Allen Kreke. (Klein, Mayer) |
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| Monday, July 08, 2024 | ||
| 39 | 39
2
pgs
order
Order on Motion to Dismiss Order on Motion for Discovery
Mon 07/08 11:35 AM
ORDER denying without prejudice25 Motion for Discovery and limiting further briefing on the18 Motion to Dismiss to issues of venue. Signed by Judge J. Phil Gilbert on 7/8/2024. (tlp) |
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| Tuesday, July 02, 2024 | ||
| 38 | 38
order
Order on Motion to Appear Pro Hac Vice
Tue 07/02 9:04 AM
ORDER granting37 Motion to Appear Pro Hac Vice by Attorney Klein on behalf of Plaintiff Allen Kreke. (kdw) |
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| Monday, July 01, 2024 | ||
| 37 | 37
motion
Pro Hac Vice
Mon 07/01 12:16 PM
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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| Friday, June 21, 2024 | ||
| 36 | 36
10
pgs
order
Memorandum & Opinion ~Util - Terminate Motions
Fri 06/21 4:51 PM
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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| Monday, June 17, 2024 | ||
| 35 | 35
respm
Reply to Response to Motion
Mon 06/17 4:26 PM
REPLY to Response to Motion re25 MOTION for Discovery Jurisdictional filed by Allen Kreke.(Johnson, M.) |
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Att: 1
Exhibit 2,
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Att: 2
Exhibit 3,
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Att: 3
Exhibit 4,
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Att: 4
Exhibit 5
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| Wednesday, June 12, 2024 | ||
| 34 | 34
order
Order on Motion for Extension of Time to File Response/Reply
Wed 06/12 8:48 AM
ORDER granting30 Motion for Extension of Time to File Response to18 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) |
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| Monday, June 10, 2024 | ||
| 33 | 33
7
pgs
respm
Memorandum in Opposition to Motion
Mon 06/10 11:55 AM
MEMORANDUM in Opposition re25 MOTION for Discovery Jurisdictional filed by All Defendants. (Dobbs, S.) |
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| 32 | 32
notice
CJRA Track
Mon 06/10 9:27 AM
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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| 31 | 31
2
pgs
order
Order Referring Case to Mediation
Mon 06/10 9:25 AM
ORDER REFERRING CASE TO MEDIATION. Signed by Judge J. Phil Gilbert on 6/10/2024. (tag) |
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| Friday, June 07, 2024 | ||
| 30 | 30
motion
Extension of Time to File Response/Reply
Fri 06/07 4:57 PM
MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue by Allen Kreke. (Johnson, M.) |
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| Thursday, June 06, 2024 | ||
| 29 | 29
order
Order on Motion for Extension of Time to File Response/Reply
Thu 06/06 7:30 AM
ORDER granting27 Motion for Extension of Time to File Response to25 Motion for Jurisdictional Discovery. Response due 6/10/2024. Signed by Judge J. Phil Gilbert on 6/6/2024. (tlp) |
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| Wednesday, June 05, 2024 | ||
| 28 | 28
notice
Notice of Modification
Wed 06/05 2:11 PM
NOTICE OF MODIFICATION re27 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) |
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| 27 | 27
motion
Extension of Time to File Response/Reply
Wed 06/05 1:49 PM
Consent MOTION for Extension of Time to Respond to Plaintiff's re25 Motion for Discovery Jurisdictional by All Defendants. (Dobbs, S.) Modified on 6/5/2024 (tkm) |
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| Wednesday, May 22, 2024 | ||
| 26 | 26
7
pgs
respm
Memorandum in Support of Motion
Wed 05/22 4:59 PM
MEMORANDUM in Support re25 MOTION for Discovery Jurisdictional filed by Allen Kreke.(Johnson, M.) |
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Att: 1
Exhibit 1
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| 25 | 25
motion
Discovery
Wed 05/22 4:57 PM
MOTION for Discovery Jurisdictional by Allen Kreke. (Johnson, M.) |
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| Wednesday, May 15, 2024 | ||
| 24 | 24
order
Order on Motion for Extension of Time to File Response/Reply
Wed 05/15 6:55 AM
ORDER granting23 Motion for Extension of Time to File Response to18 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) |
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| Tuesday, May 14, 2024 | ||
| 23 | 23
motion
Extension of Time to File Response/Reply
Tue 05/14 2:11 PM
Consent MOTION for Extension of Time to File Response/Reply as to18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue by Allen Kreke. (Johnson, M.) |
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| Friday, May 10, 2024 | ||
| 22 | 22
respm
Reply to Response to Motion
Fri 05/10 5:15 PM
REPLY to Response to Motion re15 MOTION to Remand filed by Allen Kreke. (Johnson, M.) |
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| Friday, April 26, 2024 | ||
| 21 | 21
18
pgs
respm
Memorandum in Opposition to Motion
Fri 04/26 3:41 PM
MEMORANDUM in Opposition re15 MOTION to Remand filed by All Defendants.(Dobbs, S.) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit A1,
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Att: 3
Exhibit B,
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Att: 4
Exhibit B1,
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Att: 5
Exhibit B2,
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Att: 6
Exhibit B3
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| Monday, April 15, 2024 | ||
| 20 | 20
1
pgs
misc
Amended Document (NOT Motion)
Mon 04/15 4:46 PM
AMENDED DOCUMENT by All Defendants. Amendment to18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue Proposed Order Granting Motion . (Dobbs, S.) |
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| 19 | 19
21
pgs
respm
Memorandum in Support of Motion
Mon 04/15 4:41 PM
MEMORANDUM in Support re18 MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue filed by All Defendants.(Dobbs, S.) |
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Att: 1
2 pgs
Affidavit Declaration of James Perry Bryan,
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Att: 2
Affidavit Declaration of John Bracken Bryan,
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Att: 3
2 pgs
Affidavit Declaration of Phillip Smith,
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Att: 4
Affidavit Declaration of J. Shelby Bryan
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| 18 | 18
2
pgs
motion
Dismiss
Mon 04/15 4:28 PM
MOTION to Dismiss Plaintiff's Complaint or in the Alternative to Transfer Venue by All Defendants. (Dobbs, S.) |
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| Wednesday, March 27, 2024 | ||
| 17 | 17
respm
Reply
Wed 03/27 12:32 PM
REPLY to8 Response to Order to Show Cause filed by Allen Kreke. (Johnson, M.) |
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| 16 | 16
16
pgs
respm
Memorandum in Support of Motion
Wed 03/27 12:28 PM
MEMORANDUM in Support re15 MOTION to Remand filed by Allen Kreke. (Johnson, M.) |
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| 15 | 15
motion
Remand
Wed 03/27 12:27 PM
MOTION to Remand by Allen Kreke. (Johnson, M.) |
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| Friday, March 22, 2024 | ||
| 14 | 14
order
Order ~Util - Terminate Motions
Fri 03/22 3:01 PM
ORDER, granting7 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) |
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| Thursday, March 21, 2024 | ||
| 13 | 13
misc
Consent/Non-Consent to US Magistrate Judge
Thu 03/21 11:32 AM
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dobbs, S.) |
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| 12 | 12
notice
Notice of Case Assignment/Reassignment
Thu 03/21 9:17 AM
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) |
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| Wednesday, March 20, 2024 | ||
| 11 | 11
misc
Consent/Non-Consent to US Magistrate Judge
Wed 03/20 4:33 PM
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Johnson, M.) |
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| 10 | 10
notice
Notice Extending Consent Deadline
Wed 03/20 10:41 AM
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) |
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| Friday, March 15, 2024 | ||
| 9 | 9
13
pgs
misc
Amended Document (NOT Motion)
Fri 03/15 3:12 PM
AMENDED DOCUMENT by All Defendants. Amended Notice of Removal .(Dobbs, S.) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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| 8 | 8
misc
Response to Order to Show Cause
Fri 03/15 2:23 PM
RESPONSE TO ORDER TO SHOW CAUSE by All Defendants filed by All Defendants.(Dobbs, S.) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Thursday, March 14, 2024 | ||
| 7 | 7
motion
Extension of Time to File Response/Reply
Thu 03/14 11:56 AM
Consent MOTION for Extension of Time to File Response/Reply by All Defendants. (Dobbs, S.) |
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| Wednesday, February 28, 2024 | ||
| 6 | 6
2
pgs
order
Order to Show Cause
Wed 02/28 2:42 PM
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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| Tuesday, February 27, 2024 | ||
| 5 | 5
misc
Affidavit
Tue 02/27 2:51 PM
AFFIDAVIT re1 Notice of Removal, Declaration of S. Jay Dobbs by All Defendants. (Dobbs, S.) |
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| 4 | 4
notice
Notice Requesting Consent
Tue 02/27 9:56 AM
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:[LINK: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) |
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| 3 | 3
utility
Case Opening Notification
Tue 02/27 9:55 AM
Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 24-548-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (kdw) |
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| Monday, February 26, 2024 | ||
| 2 | 2
notice
Notice of Appearance
Mon 02/26 3:59 PM
NOTICE of Appearance by S. Jay Dobbs on behalf of All Defendants (Dobbs, S.) |
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| 1 | 1
notice
Notice of Removal
Mon 02/26 3:57 PM
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.(Dobbs, S.) |
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Att: 1
24 pgs
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Civil Cover Sheet Civil Cover Sheet
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