Bick v. Alton Steel, Inc.
| Illinois Southern District Court | |
| Judge: | Gilbert C Sison |
| Case #: | 3:24-cv-02660 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Dec 20, 2024 |
| Case in other court: | Illinois Northern, 1:24-cv-11187 |
| Last checked: Friday Dec 20, 2024 5:05 PM CST |
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Petitioner
Michael Bick
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Represented By
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Respondent
Alton Steel, Inc.
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Represented By
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| Docket last updated: 12/20/2024 11:59 PM CST |
| Friday, December 20, 2024 | ||
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misc
Letter
Fri 12/20 2:49 PM
Letter to parties regarding transfer of case from Northern District of Illinois to Southern District of Illinois (clw) |
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notice
Notice of Initial Magistrate Assignment
Fri 12/20 2:43 PM
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Order 386. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 386, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Michael Bick, Alton Steel, Inc.. A link regarding the magistrate judges in this district is attached for your convenience:[LINK:https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf] . All future documents must bear case number 24-CV-2660-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 1/10/2025 (clw) |
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transfer
Case Transferred In - District Transfer-COURT USE ONLY
Fri 12/20 2:38 PM
Case transferred in from District of Illinois Northern; Case Number 1:24-cv-11187. Original file certified copy of transfer order and docket sheet received. |
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transfer
Case Transferred In - District Transfer-COURT USE ONLY
Fri 12/20 1:23 PM
TRANSFERRED to the USDC, Southern District of Illinois the electronic record. (evw, ) |
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order
Order
Fri 12/20 10:51 AM
MINUTE entry before the Honorable Thomas M. Durkin: The Clerk is directed to transfer the case forthwith to the Southern District of Illinois. Mailed notice. (ecw, ) |
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| Thursday, December 19, 2024 | ||
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MINUTE entry before the Honorable Thomas M. Durkin: Defendant Alton Steel, Inc. has filed an unopposed motion to dismiss for improper venue or to transfer for convenience. The motion8 is granted in part and denied in part. For the following reasons, the Court finds that transfer is appropriate and declines dismissal. Venue is proper in: (1) a judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located; or (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated. If there is no district qualifying under (1) or (2), any district in which any defendant is subject to personal jurisdiction. See, 28 U.S.C. § 1391(b)(3). A corporate defendant "resides" in any district where it is subject to personal jurisdiction. TC Heartland LLC v. Kraft Foods Group Brands LLC , 581 U.S. 258 (2017). Venue is not proper in the Northern District of Illinois. Defendant has its principal place of business and headquarters in the Southern District of Illinois. Further, Plaintiff brings a putative collective action under the Fair Labor Standards Act of 1964 ("FLSA") 29 U.S.C. §§ 201, et seq., in connection with his work at Defendant's steel plant in the Southern District of Illinois. Upon finding venue is improper, the Court can transfer the case to "any district or division in which it could have been brought." 28 U.S.C. § 1404(a) and 1406(a). "In evaluating transfer, the Court must first determine whether personal jurisdiction and venue are proper in the transferee court, and then the Court must consider various public and private interest factors to determine whether transfer would serve the convenience of the parties and witnesses, and whether it would be in the interest of justice." Shenzhen Aji Fashion Tech. Co. v. WhaleCo Inc. , No. 23 CV 14043, 2024 WL 2845974, at *3 (N.D. Ill. June 5, 2024). For the reasons stated, personal jurisdiction and venue are proper in the Southern District of Illinois. Additionally, the private and public interest factors favor transfer. The Southern District of Illinois is the situs of the material events, which is the most important factor, and most if not all of the witnesses reside in that district. Further, the Southern District of Illinois regularly handles FLSA collective action cases and transfer will not cause a substantial delay of this early-stage litigation. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 12/20/2024.]
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6
pgs
MEMORANDUM by Alton Steel, Inc. in support of motion to dismiss8 DEFENDANT ALTON STEEL, INC.'S MEMORANDUM IN SUPPORT OF ITS UNOPPOSED MOTION TO DISMISS FOR IMPROPER VENUE, OR TO TRANSFER FOR CONVENIENCE (Berry, Thomas) [Transferred from Illinois Northern on 12/20/2024.]
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MOTION by Defendant Alton Steel, Inc. to dismiss DEFENDANT ALTON STEEL, INC.'S UNOPPOSED MOTION TO DISMISS FOR IMPROPER VENUE, OR TO TRANSFER FOR CONVENIENCE (Berry, Thomas) [Transferred from Illinois Northern on 12/20/2024.]
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| Thursday, November 21, 2024 | ||
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MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to answer6 is granted. Defendant Alton Steel, Inc. is to answer or otherwise respond to Plaintiff's Complaint by 12/20/2024. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 12/20/2024.]
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MOTION by Defendant Alton Steel, Inc. for extension of time to file answer or otherwise respond to Plaintiff's Complaint (Berry, Thomas) [Transferred from Illinois Northern on 12/20/2024.]
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ATTORNEY Appearance for Defendant Alton Steel, Inc. by Alexander Scott Dahle (Dahle, Alexander) [Transferred from Illinois Northern on 12/20/2024.]
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ATTORNEY Appearance for Defendant Alton Steel, Inc. by Thomas E. Berry, Jr (Berry, Thomas) [Transferred from Illinois Northern on 12/20/2024.]
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| Friday, November 08, 2024 | ||
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SUMMONS Returned Executed by Michael Bick as to Alton Steel, Inc. on 11/1/2024, answer due 11/22/2024. (Young, Jesse) [Transferred from Illinois Northern on 12/20/2024.]
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| Wednesday, October 30, 2024 | ||
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MINUTE entry before the Honorable Thomas M. Durkin: By 1/8/2025, the parties are to file a joint status report. The parties may refer to the format detailed on the Court's website under New and Reassigned cases. Mailed notice. (ecw, ) [Transferred from Illinois Northern on 12/20/2024.]
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COMPLAINT filed by Michael Bick; Jury Demand. Filing fee $ 405, receipt number AILNDC-22671136.(Young, Jesse) [Transferred from Illinois Northern on 12/20/2024.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit A - CTJ, Bick
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| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Daniel P McLaughlin. Case assignment: Random assignment. (Civil Category 3). (lj, ) [Transferred from Illinois Northern on 12/20/2024.] | ||
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached[LINK:Consent To] [LINK:form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lj, ) [Transferred from Illinois Northern on 12/20/2024.] | ||
| SUMMONS Issued as to Defendant Alton Steel, Inc. (men, ) [Transferred from Illinois Northern on 12/20/2024.] | ||