Case Details

CourtCentral District of Illinois
Docket number4:09-cv-04017
Date case filed2009-03-13
Date case closed2011-02-28
Date of latest filing
Assigned toJudge Joe Billy McDade
Case cause28:1332 Diversity-Breach of Contract
Nature of suit380 Personal Property: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Corey England
Party type: Plaintiff
Attorney name: Jacqueline A Criswell
Attorney Contact:
TRESSLER LLP
Sears Tower
22nd Floor
233 S Wacker Dr
Chicago, IL 60606-6308
312-627-4000
Fax: 312-627-1717
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James K Borcia
Attorney Contact:
TRESSLER LLP
Sears Tower
22nd Floor
233 S Wacker Dr
Chicago, IL 60606-6308
(312) 627-4000
Fax: 312-627-1717
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert T Park
Attorney Contact:
Califf & Harper P.C.
506 15th Street, Suite 600
PO Box 719
Moline, IL 61266-0719
309-764-8300
Fax: 309-7643448
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Midwest Gems, Inc
Party type: Plaintiff
Attorney name: Jacqueline A Criswell
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: James K Borcia
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Robert T Park
Attorney Contact:
(See above for address)
Party: Kenneth S Feldman
Party type: Defendant
Attorney name: Gregory A Cerulo
Attorney Contact:
QUINN JOHNSTON HENDERSON PRETORIUS & CERULO
227 NE Jefferson St
Peoria, IL 61602-1211
309-674-1133
Fax: 309-674-6503
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timothy L Bertschy
Attorney Contact:
HEYL ROYSTER VOELKER & ALLEN
Suite 600
124 SW Adams St
Peoria, IL 61602
309-676-0400 ext 201
Fax: 309-676-3374
Email: [email protected]
TERMINATED: 05/10/2010 LEAD ATTORNEY

Attorney name: David R Sinn
Attorney Contact:
HEYL ROYSTER VOELKER & ALLEN
Suite 600
124 SW Adams St
Peoria, IL 61602
309-676-0400
Fax: 309-676-3374
Email: [email protected]
TERMINATED: 05/10/2010 ATTORNEY TO BE NOTICED

Attorney name: John P Heil , Jr
Attorney Contact:
HEYL ROYSTER VOELKER & ALLEN
Suite 600
124 SW Adams St
Peoria, IL 61602
309-676-0400
Fax: 309-676-3374
Email: [email protected]
TERMINATED: 05/10/2010
Party: Feldman Law Group
Party type: Defendant
Attorney name: Gregory A Cerulo
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Timothy L Bertschy
Attorney Contact:
(See above for address)
TERMINATED: 05/10/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David R Sinn
Attorney Contact:
(See above for address)
TERMINATED: 05/10/2010 ATTORNEY TO BE NOTICED

Attorney name: John P Heil , Jr
Attorney Contact:
(See above for address)
TERMINATED: 05/10/2010 ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12009-03-13 COMPLAINT against Kenneth S Feldman and Feldman Law Group (Filing fee $ 350.00 Receipt #44626000258) filed by Corey England, Midwest Gems. (Attachments: # 1 Civil Cover Sheet)(TP, ilcd) (Entered: 03/13/2009)
1.1
22009-03-13 NOTICE of Appearance of Attorney by Jacqueline A Criswell on behalf of Corey England, Midwest Gems (TP, ilcd) (Entered: 03/13/2009)
32009-03-13 NOTICE of Appearance of Attorney by James K Borcia on behalf of Midwest Gems, Inc and Corey England (TP, ilcd) (Entered: 03/13/2009)
42009-03-13 WAIVER OF SERVICE OF SUMMONS sent to Stephen E Feldman and Kenneth S Feldman on 03/13/2009. (TP, ilcd) (Entered: 03/13/2009)
52009-07-25 NOTICE of Appearance of Attorney by Robert T Park on behalf of all plaintiffs (Park, Robert) (Entered: 07/25/2009)
62009-07-27 MOTION extension of time for service by Plaintiffs Midwest Gems, Inc, Corey England. Responses due by 8/13/2009 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Criswell, Jacqueline) (Entered: 07/27/2009)
72009-07-27 CERTIFICATE of Service/Counsel re 6 MOTION extension of time for service by Jacqueline A Criswell on behalf of Midwest Gems, Inc, Corey England (Criswell, Jacqueline) (Entered: 07/27/2009)
82009-08-10 Summons Issued as to Kenneth S Feldman. (TP, ilcd) (Entered: 08/10/2009)
92009-08-10 Summons Issued as to Feldman Law Group. (TP, ilcd) (Entered: 08/10/2009)
102009-09-03 SUMMONS Returned Executed by Midwest Gems, Inc, Corey England. Kenneth S Feldman served on 8/26/2009, answer due 9/15/2009. (Criswell, Jacqueline) (Entered: 09/03/2009)
112009-09-03 SUMMONS Returned Executed by Midwest Gems, Inc, Corey England. Feldman Law Group served on 8/26/2009, answer due 9/15/2009. (Criswell, Jacqueline) (Entered: 09/03/2009)
122009-09-03 NOTICE Notice of Filing re 11 Summons Returned Executed (20 days to answer), 10 Summons Returned Executed (20 days to answer) (Criswell, Jacqueline) (Entered: 09/03/2009)
132009-09-08 NOTICE of Appearance of Attorney by Timothy L Bertschy on behalf of Kenneth S Feldman, Feldman Law Group (Bertschy, Timothy) (Entered: 09/08/2009)
142009-09-08 NOTICE of Appearance of Attorney by John P Heil, Jr on behalf of Kenneth S Feldman, Feldman Law Group (Heil, John) (Entered: 09/08/2009)
152009-09-09 NOTICE of Appearance of Attorney by David R Sinn on behalf of Kenneth S Feldman and Feldman Law Group (TP, ilcd) (Entered: 09/09/2009)
162009-09-11 MOTION to Dismiss by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 9/28/2009 (Heil, John) (Entered: 09/11/2009)
172009-09-11 MEMORANDUM in Support re 16 MOTION to Dismiss filed by Defendants Kenneth S Feldman, Feldman Law Group. (Attachments: # 1 Exhibit A)(Heil, John) (Entered: 09/11/2009)
182009-09-24 MEMORANDUM in Opposition re 16 MOTION to Dismiss filed by Plaintiffs Midwest Gems, Inc, Corey England. (Attachments: # 1 Exhibit, # 2 Exhibit)(Criswell, Jacqueline) (Entered: 09/24/2009)
192009-10-05 MOTION for Leave to File Reply to Plaintiffs' Response to Rule 12(b)(5) Motion to Dismiss by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 10/22/2009 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Heil, John) (Entered: 10/05/2009)
202009-10-06 REPLY to Response to Motion re 16 MOTION to Dismiss filed by Defendants Kenneth S Feldman and Feldman Law Group. (TP, ilcd) (Entered: 10/08/2009)
212009-10-16 REPORT AND RECOMMENDATIONS Entered by Magistrate Judge John A. Gorman on 10/16/2009 re 16 MOTION to Dismiss filed by Feldman Law Group and Kenneth S Feldman. The Magistrate Judge recommends that the motion be denied. The parties are advised that any objections to this Report and Recommendation must be filed in writing within fourteen (14) working days after service. Objections to R&R due by 11/2/2009. (TP, ilcd) (Entered: 10/16/2009)
222009-10-30 OBJECTION to 21 Report and Recommendations. (Heil, John) (Entered: 10/30/2009)
232009-10-30 MEMORANDUM of Law in Support re 22 Objection to Report and Recommendations by Kenneth S Feldman, Feldman Law Group. (Attachments: # 1 Exhibit A)(Heil, John) (Entered: 10/30/2009)
242009-11-13 Response by Corey England, Midwest Gems, Inc re 22 Objection to Report and Recommendations. (Attachments: # 1 Exhibit 1)(Criswell, Jacqueline) (Entered: 11/13/2009)
252009-11-23 MOTION for Leave to File Reply to Plaintiffs' Response to Defendants' Objection to Report and Recommendation by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 12/10/2009 (Attachments: # 1 Exhibit 1)(Heil, John) (Entered: 11/23/2009)
262010-03-15 ORDER Entered by Judge Joe Billy McDade on 03/15/2010. The Court is denying 16 Motion to Dismiss, adopting Report and Recommendations re 21 Report and Recommendations and denying 25 Motion for Leave to File to File Reply to Plaintiffs' Response to Defendants' Objection to Report and Recommendation. Plaintiffs shall obtain alias summonses and serve Defendants in accordance with Rule 4 by March 26, 2010. (TP, ilcd) (Entered: 03/15/2010)
272010-03-17 Alias Summons Issued as to Feldman Law Group. (TP, ilcd) (Entered: 03/18/2010)
282010-03-17 Alias Summons Issued as to Kenneth S Feldman. (TP, ilcd) (Entered: 03/18/2010)
292010-03-26 STRICKEN SUMMONS Returned Executed by Corey England, Midwest Gems, Inc. Corey England served on 3/22/2010, answer due 4/12/2010; Midwest Gems, Inc served on 3/23/2010, answer due 4/13/2010. (Criswell, Jacqueline) Modified on 3/26/2010 pursuant to text order entered (TP, ilcd). (Entered: 03/26/2010)
302010-03-26 SUMMONS Returned Executed by Corey England, Midwest Gems, Inc. (Criswell, Jacqueline) (Entered: 03/26/2010)
312010-03-26 NOTICE of Filing re 30 Summons Returned Executed (21 days to answer) (Criswell, Jacqueline) (Entered: 03/26/2010)
322010-03-26 MOTION for Extension of Time to File MOTION TO CONFIRM PROOFS OF SERVICE OR ALTERNATIVELY FOR ADDITIONAL TIME TO SERVE DEFENDANTS PURSUANT TO RULE 4(m) by Plaintiffs Corey England, Midwest Gems, Inc. Responses due by 4/12/2010 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Criswell, Jacqueline) Modified on 4/7/2010 (admin, ilcd). (Entered: 03/26/2010)
332010-03-30 CERTIFICATE OF SERVICE by Corey England, Midwest Gems, Inc (Criswell, Jacqueline) (Entered: 03/30/2010)
342010-03-30 CERTIFICATE OF SERVICE by Corey England, Midwest Gems, Inc (AMENDED) (Criswell, Jacqueline) (Entered: 03/30/2010)
352010-04-09 RESPONSE to Motion re 32 MOTION for Extension of Time to File MOTION TO CONFIRM PROOFS OF SERVICE OR ALTERNATIVELY FOR ADDITIONAL TIME TO SERVE DEFENDANTS PURSUANT TO RULE 4(m) MOTION for Extension of Time to File MOTION TO CONFIRM PROOFS OF SERVICE OR ALTERNATIVELY FOR ADDITIONAL TIME TO SERVE DEFENDANTS PURSUANT TO RULE 4(m) filed by Defendants Kenneth S Feldman, Feldman Law Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Heil, John) (Entered: 04/09/2010)
362010-04-16 ORDER granting in part and denying in part 32 Motion for Extension of Time to File. Entered by Magistrate Judge John A. Gorman on 4/16/10. (WW, ilcd) (Entered: 04/16/2010)
372010-04-21 Alias Summons Issued as to Kenneth S Feldman and returned to the plaintiff's attorney for service. (TP, ilcd) Modified on 4/23/2010 to note summons were returned to attorney for service (TP, ilcd). (Entered: 04/22/2010)
382010-04-21 Alias Summons Issued as to Feldman Law Group and returned to attorney for service. (TP, ilcd) Modified on 4/23/2010 to note that summons were returned to attorney for service (TP, ilcd). (Entered: 04/22/2010)
392010-04-28 SUMMONS Returned Executed by Corey England, Midwest Gems, Inc. Kenneth S Feldman served on 4/27/2010, answer due 5/18/2010; Feldman Law Group served on 4/27/2010, answer due 5/18/2010. (Criswell, Jacqueline) (Entered: 04/28/2010)
402010-04-28 SUMMONS Returned Executed by Corey England, Midwest Gems, Inc. (Criswell, Jacqueline) (Entered: 04/28/2010)
412010-04-30 NOTICE of Appearance of Attorney by Gregory A Cerulo on behalf of Kenneth S Feldman, Feldman Law Group (Cerulo, Gregory) (Entered: 04/30/2010)
422010-04-30 PETITION Appeal of Magistrate's Order of April 16, 2010 re 36 Order on Motion for Extension of Time to File by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 5/17/2010 (Cerulo, Gregory) (Entered: 04/30/2010)
432010-04-30 STRICKEN: MOTION Appeal from Magistrate's Order of April 16, 2010 re 36 Order on Motion for Extension of Time to File Memorandum of Law in Support by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 5/17/2010 (Cerulo, Gregory) Modified on 5/3/2010 to reflect that this document is stricken pursuant to the 5/3/10 text order (DK, ilcd). (Entered: 04/30/2010)
442010-05-03 MEMORANDUM of Law in Support of re 42 PETITION Appeal of Magistrate's Order of April 16, 2010 re 36 Order on Motion for Extension of Time to File by Kenneth S Feldman, Feldman Law Group. (Cerulo, Gregory) (Entered: 05/03/2010)
452010-05-07 MOTION to Withdraw as Attorney for the Defendants by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 5/24/2010 (Heil, John) (Entered: 05/07/2010)
462010-05-12 MOTION for Extension of Time to File Response/Reply Motion for Enlargement of Time by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 6/1/2010 (Cerulo, Gregory) (Entered: 05/12/2010)
472010-05-12 OPINION and ORDER Entered by Judge Joe Billy McDade on 05/12/2010. Court is denying Defendant's 42 the Appeal from Magistrate's Order of April 16, 2010 filed by the Defendant on April 30, 2010. The Court nonetheless expects Plaintiff's counsel to comply with the deadlines imposed by the Federal Rules of Civil Procedure (and by this Court) and to ensure that no further delays are occasioned by a failure to perform even its most basic directives. (SEE WRITTEN ORDER). (TP, ilcd) (Entered: 05/12/2010)
482010-06-07 MOTION to Change Venue by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 6/24/2010 (Cerulo, Gregory) (Entered: 06/07/2010)
492010-06-07 MEMORANDUM in Support re 48 MOTION to Change Venue filed by Defendants Kenneth S Feldman, Feldman Law Group. (Cerulo, Gregory) (Entered: 06/07/2010)
502010-06-07 MOTION to Dismiss by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 6/24/2010 (Cerulo, Gregory) (Entered: 06/07/2010)
512010-06-07 MEMORANDUM in Support re 50 MOTION to Dismiss filed by Defendants Kenneth S Feldman, Feldman Law Group. (Cerulo, Gregory) (Entered: 06/07/2010)
522010-06-24 MEMORANDUM in Opposition re 50 MOTION to Dismiss, 48 MOTION to Change Venue filed by Plaintiffs Corey England, Midwest Gems, Inc. (Criswell, Jacqueline) (Entered: 06/24/2010)
532010-06-24 MEMORANDUM in Opposition re 48 MOTION to Change Venue filed by Plaintiffs Corey England, Midwest Gems, Inc. (Attachments: # 1 Appendix Lexis Cases)(Criswell, Jacqueline) (Entered: 06/24/2010)
542010-07-08 MOTION for Leave to File Replies to Responses to Defendants' Motion to Transfer Venue and Dismiss by Defendants Kenneth S Feldman, Feldman Law Group. Responses due by 7/26/2010 (Attachments: # 1 Exhibit, # 2 Exhibit)(Cerulo, Gregory) (Entered: 07/08/2010)
552011-02-28 ORDER entered by Judge Joe Billy McDade on 2/28/2011 granting 48 Motion to Change Venue. Pursuant to 28 U.S.C. § 1406(a), this matter is TRANSFERRED to the District Court for the Southern District of New York. (MZ, ilcd) (Entered: 02/28/2011)