Reinbold v. Advance Auto Parts Inc et al
ORDER GRANTING or GRANTING IN PART MOTIONS 268 , 270 , 274 , 276 , 323 , and 351 . Responsive pleadings have been filed as to Ingersoll-Rand, Tran U.S. BW/IP and Peerless. Carrier Corporation answer due 9/11/2018; Maremont Corporation answer due 9/11/2018. Parties to comply with Order or SHOW CAUSE ( Show Cause Hearing set for 9/11/2018 at 12:30 PM in East St. Louis Courthouse before Magistrate Judge Donald G. Wilkerson. Signed by Magistrate Judge Donald G. Wilkerson on 9/6/2018. (sgp)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ADVANCE AUTO PARTS, INC., et al.,
Case No. 3:18-cv-605-SMY-DGW
WILKERSON, Magistrate Judge:
This matter is before the Court for docket control. In light of the number of Defendants in
this matter, the number of motions and documents that are being filed, and the failure of some
parties to adhere to this Court’s Scheduling Order, the following is hereby ORDERED:
The parties are reminded that Rule 41 “stipulations of dismissal” are disfavored in this
action and should not be filed. If a party seeks to be dismissed per Rule 41, it shall file a
MOTION. A response to such a motion is due within 5 days of filing.
The parties are reminded that they must ensure that their attorney is listed as the attorney
of record in all capacities, i.e. Defendant, cross-Defendant, counter-Defendant.
3. Plaintiff was directed to file a notice with the Court setting forth information regarding
Defendants who have not answered. No such notice was filed by the July 30, 2018
deadline. Plaintiff shall file said notice be September 11, 2018 or SHOW CAUSE, in
person, on September 11, 2018 at 12:30p.m. why she failed to do so. The Court is
particularly interested in Defendants Carquest Auto Parts, Goulds Pumps Inc., Grinnell
LLC, and any other Defendant for whom an attorney has not appeared.
4. Certain Defendants, who have entered an appearance, have not filed a responsive pleading
by the August 8, 2018 deadline. Plaintiff also has not sought default by the August 22,
These Defendants are: Aurora Pump Company, Borg-Warner
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Corporation, Clark-Reliance Corporation, The Dow Chemical Company, General Electric
Company, Metropolitan Life Insurance Co., Milton Roy, LLC, RIC-WIL Incorporated,
Union Carbide Corporation, and Warren Pumps, LLC. These Defendants shall file an
Answer by September 11, 2018 or SHOW CAUSE, in person, on September 11, 2018 at
12:30 p.m. why they failed to do so.
5. Ingersoll-Rand’s Motion (Doc. 268) is GRANTED. An answer was filed on 8/30/18
6. Trane U.S.’s Motion (Doc. 270) is GRANTED. An answer was filed on 8/30/18 (Doc.
7. BW/IP’s Motion (Doc. 274) is GRANTED. Defendant’s motion to dismiss was filed on
8/24/18 (Doc. 330).
8. Peerless Industries’ Motion (Doc. 276) is GRANTED. An answer was filed on 8/30/18
9. Carrier Corporation’s Motion (Doc. 323) is GRANTED IN PART.
Corporation’s answer is due by September 11, 2018.
10. Maremont Corporation’s Motion (Doc. 351) is GRANTED. Notwithstanding counsel’s
representation, Maremont’s Answer has not been filed. Maremont shall file its responsive
pleading by September 11, 2018.
DATED: September 6, 2018
DONALD G. WILKERSON
United States Magistrate Judge
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