3:22-CV-01575
07/19/2022
Disposed - Other Disposed
Labor - Labor Standard
Reona J. Daly
STACEY I MILLER
SCOTT SILVERTHORNE
SILVERTHORNE AUTO GROUP, INC.
SILVERTHORNE CHEVROLET, INC.
Robert P. Kondras, Jr.
Attorney at Hassler Kondras Miller LLP
100 Cherry Street
Terre Haute, IN 47807
Heather A. Bailey
Attorney at Smith Amundsen, LLC - Chicago
150 North Michigan Ave., Suite 3300
Chicago, IL 60601
John Hayes
Attorney at SmithAmundsen LLC
150 N. Chicago Ave., Suite 3300
Chicago, IL 60601
Rusty K. Reinoehl
Attorney at Reinoehl Kehlenbrink, LLC
P.O. Box 698
Robinson, IL 62454
(#25) JUDGMENT IN A CIVIL CASE. Approved by Magistrate Judge Reona J. Daly on 9/12/2022. (jlm) (Entered: 09/12/2022)
(#23) NOTICE: All Defendants was 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 No. 257, All Defendants shall return the form within 7 days or face possible sanctions. Consent due by 9/14/2022 (amv) (Entered: 09/07/2022)
(#21) MOTION to Dismiss Complaint Without Prejudice by Stacey I Miller. (Attachments: # 1 Proposed Order)(Kondras, Robert) (Entered: 08/19/2022)
(#20) NOTICE of Appearance by John Hayes on behalf of Scott Silverthorne, Silverthorne Auto Group, Inc., Silverthorne Chevrolet, Inc. (Hayes, John) (Entered: 08/16/2022)
(#19) NOTICE of Appearance by Heather A. Bailey on behalf of Scott Silverthorne, Silverthorne Auto Group, Inc., Silverthorne Chevrolet, Inc. (Bailey, Heather) (Entered: 08/16/2022)
(#17) NOTICE FROM CLERK Instructing All defendants to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, 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: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to All defendants on 08/15/2022. Consent due by 9/6/2022 (kdw) (Entered: 08/15/2022)
(#16) First MOTION for Extension of Time to File Answer re #1 Complaint Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Plead by Scott Silverthorne, Silverthorne Auto Group, Inc., Silverthorne Chevrolet, Inc.. (Reinoehl, Rusty) (Entered: 08/12/2022)
(#9) STRICKEN. RETURN OF SERVICE UNEXECUTED by Stacey I Miller (Kondras, Robert) Modified on 8/4/2022 (kls3). (Entered: 08/03/2022)
(#10) NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #8 Return of Service Executed filed by Stacey I Miller. Incorrect event selected. Select the event which most closely matches the document being filed. For this document, the correct event is "Summons Returned Executed. E-filer is instructed to re-file using Civil>Service of Process> Summons Returned Executed in order to properly trigger the answer due deadline. (kls3) (Entered: 08/04/2022)
Exhibit Consent to Become a Party Plaintiff
Main Document
(#6) Summonses Issued as to Scott Silverthorne, Silverthorne Auto Group, Inc., and Silverthorne Chevrolet, Inc. Originals mailed to Attorney Kondras. (kek) (Entered: 07/20/2022)
DOCUMENT UNAVAILABLE
(#4) NOTICE of Appearance by Robert P. Kondras, Jr on behalf of STACEY I MILLER (Kondras, Robert) (Entered: 07/20/2022)
(#2) NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the 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. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent 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: Stacey I Miller. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 22-cv-1575-RJD. Consent due by 8/10/2022 (kek) (Entered: 07/20/2022)
Summons
Main Document
Docket(#25) JUDGMENT IN A CIVIL CASE. Approved by Magistrate Judge Reona J. Daly on 9/12/2022. (jlm) (Entered: 09/12/2022)
[-] Read LessDocket(#24) ORDER: Plaintiff filed a Motion to Dismiss her claims without prejudice (Doc. 21). The Court construes this motion as a notice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), which allows a plaintiff to dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Defendants have not filed an answer or motion for summary judgment and therefore a Court order dismissing this matter is not necessary. Plaintiff's Notice of Voluntary Dismissal appears proper under Rule 41(a)(1)(A)(i) and the Court therefore accepts it and DIRECTS the Clerk of Court to DISMISS this cause WITHOUT PREJUDICE. Signed by Magistrate Judge Reona J. Daly on 9/12/2022. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/12/2022)
[-] Read LessDocket(#23) NOTICE: All Defendants was 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 No. 257, All Defendants shall return the form within 7 days or face possible sanctions. Consent due by 9/14/2022 (amv) (Entered: 09/07/2022)
[-] Read LessDocket(#22) NOTICE OF MODIFICATION re #21 Motion to Dismiss filed by Stacey I Miller. A proposed order was attached to the main document. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7). The proposed order will be deleted in accordance with this Court's practices. Proposed documents need to be e-mailed to the proper judge. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/19/2022)
[-] Read LessDocket(#21) MOTION to Dismiss Complaint Without Prejudice by Stacey I Miller. (Attachments: # 1 Proposed Order)(Kondras, Robert) (Entered: 08/19/2022)
[-] Read LessDocket(#20) NOTICE of Appearance by John Hayes on behalf of Scott Silverthorne, Silverthorne Auto Group, Inc., Silverthorne Chevrolet, Inc. (Hayes, John) (Entered: 08/16/2022)
[-] Read LessDocket(#19) NOTICE of Appearance by Heather A. Bailey on behalf of Scott Silverthorne, Silverthorne Auto Group, Inc., Silverthorne Chevrolet, Inc. (Bailey, Heather) (Entered: 08/16/2022)
[-] Read LessDocket(#18) ORDER GRANTING #16 First MOTION for Extension of Time to File Answer. Defendants shall file a responsive pleading to Plaintiff's Complaint on or before 9/12/2022. Signed by Magistrate Judge Reona J. Daly on 8/15/2022. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/15/2022)
[-] Read LessDocket(#17) NOTICE FROM CLERK Instructing All defendants to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, 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: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to All defendants on 08/15/2022. Consent due by 9/6/2022 (kdw) (Entered: 08/15/2022)
[-] Read LessDocket(#16) First MOTION for Extension of Time to File Answer re #1 Complaint Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Plead by Scott Silverthorne, Silverthorne Auto Group, Inc., Silverthorne Chevrolet, Inc.. (Reinoehl, Rusty) (Entered: 08/12/2022)
[-] Read LessDocket(#10) NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #8 Return of Service Executed filed by Stacey I Miller. Incorrect event selected. Select the event which most closely matches the document being filed. For this document, the correct event is "Summons Returned Executed. E-filer is instructed to re-file using Civil>Service of Process> Summons Returned Executed in order to properly trigger the answer due deadline. (kls3) (Entered: 08/04/2022)
[-] Read LessDocket(#9) STRICKEN. RETURN OF SERVICE UNEXECUTED by Stacey I Miller (Kondras, Robert) Modified on 8/4/2022 (kls3). (Entered: 08/03/2022)
[-] Read LessDocket(#8) STRICKEN. RETURN OF SERVICE EXECUTED by Stacey I Miller on 7/22/2022. (Kondras, Robert) Modified on 8/4/2022 (kls3). (Entered: 08/03/2022)
[-] Read LessDocket(#7) NOTICE by Stacey I Miller of Consent to become a plaintiff class member under the FLSA (Attachments: #1 Exhibit Consent to Become a Party Plaintiff)(Kondras, Robert) (Entered: 07/28/2022)
[-] Read LessDocket(#6) Summonses Issued as to Scott Silverthorne, Silverthorne Auto Group, Inc., and Silverthorne Chevrolet, Inc. Originals mailed to Attorney Kondras. (kek) (Entered: 07/20/2022)
[-] Read LessDocket(#5) CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kondras, Robert) (Entered: 07/20/2022)
[-] Read LessDocket(#4) NOTICE of Appearance by Robert P. Kondras, Jr on behalf of STACEY I MILLER (Kondras, Robert) (Entered: 07/20/2022)
[-] Read LessDocket(#3) NOTICE OF ACTION - See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Kondras does not have a Notice of Appearance on file in this case. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/20/2022)
[-] Read LessDocket(#2) NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the 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. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent 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: Stacey I Miller. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 22-cv-1575-RJD. Consent due by 8/10/2022 (kek) (Entered: 07/20/2022)
[-] Read LessDocket(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILSDC-4836680.), filed by STACEY I MILLER. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Kondras, Robert) (Entered: 07/19/2022)
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