Enright v. Amazon.com, Inc.
| Indiana Northern District Court | |
| Judge: | Cristal C Brisco |
| Referred: | Michael G Gotsch, Sr |
| Case #: | 3:23-cv-00024 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1332 Diversity-Petition for Removal |
| Case Filed: | Jan 11, 2023 |
| Terminated: | Aug 07, 2024 |
| Case in other court: | St. Joseph County Superior Court 4, 71D04-2206-CT-000191 |
| Last checked: Monday Jul 10, 2023 4:45 AM EDT |
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Defendant
Amazon.com, Inc.
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Represented By
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Mediator
Daniel J Palmer
803 S. Calhoun Street
Fort Wayne, IN 46802 |
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Plaintiff
Bret Enright
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Represented By
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| Docket last updated: 2 hours ago |
| Wednesday, August 07, 2024 | ||
| 47 | 47
1
pgs
order
Order Dismissing Case ~Util - Terminate Motions
Wed 08/07 1:28 PM
ORDER: Pursuant to the46 Stipulation to Dismiss and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this case is DISMISSED with prejudice, each party bearing its own costs and attorney's fees. The Clerk is DIRECTED to close this case. Signed by Judge Cristal C Brisco on 8/7/2024. (lns) |
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| Monday, August 05, 2024 | ||
| 46 | 46
motion
Stipulation to Dismiss
Mon 08/05 4:47 PM
STIPULATION to Dismiss by Defendant Amazon.com, Inc.. (DeVries, Edward) |
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| Wednesday, July 31, 2024 | ||
| 45 | 45
order
Order on Motion for Extension of Time to File
Wed 07/31 1:22 PM
ORDER granting44 Motion for Extension of Time to File Stipulation of Dismissal and the dismissal paper deadline is extended until 8/14/2024. Text-only order by Judge Cristal C Brisco on 7/31/2024. (rmc) |
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| Tuesday, July 30, 2024 | ||
| 44 | 44
motion
Extension of Time to File Document
Tue 07/30 6:32 PM
Joint MOTION for Extension of Time to File Stipulation of Dismissal by Plaintiff Bret Enright. (Schafer, Tracey) |
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| Wednesday, July 24, 2024 | ||
| 43 | 43
1
pgs
order
Order ~Util - Set Deadlines
Wed 07/24 4:15 PM
ORDER: Parties ORDERED to file dismissal papers instanter but no later than 7/31/2024.Signed by Judge Cristal C Brisco on 7/24/2024. (lns) |
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| Friday, May 17, 2024 | ||
| 42 | 42
order
Order ~Util - Set Deadlines
Fri 05/17 9:01 AM
ORDER: Pursuant to the41 Report of Mediation filed by Daniel J Palmer. The parties are ordered to submit the dismissal papers by 7/16/2024. Text-only order by Judge Cristal C Brisco on 5/17/2024. (rmc) |
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| Thursday, May 16, 2024 | ||
| 41 | 41
adr
Report of Mediation
Thu 05/16 7:50 AM
Final REPORT of Mediation by Daniel J Palmer.(Palmer, Daniel) |
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| Tuesday, May 14, 2024 | ||
| 40 | 40
16
pgs
respm
Memorandum in Support
Tue 05/14 11:56 AM
MEMORANDUM in Support of38 MOTION for Summary Judgment filed by Amazon.com, Inc.. (DeVries, Edward) |
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| 39 | 39
respm
Statement
Tue 05/14 11:55 AM
STATEMENT of Material Facts re38 MOTION for Summary Judgment filed by Amazon.com, Inc..(DeVries, Edward) |
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Att: 1
Exhibit 1 - Map,
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Att: 2
Exhibit 2 - Plaintiff's Deposition,
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Att: 3
Exhibit 3 - Map,
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Att: 4
Exhibit 4 - Plaintiff Answers to Interrogatories,
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Att: 5
Exhibit 5 - Amazon Answers to Interrogatories,
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Att: 6
Exhibit 6 - Amazon 30b6 Deposition,
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Att: 7
Exhibit 7 - Amazon Response to Request for Production,
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Att: 8
Exhibit 8 - Amazon Answer,
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Att: 9
Exhibit 9 - Plaintiff Damage Spreadsheet,
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Att: 10
Exhibit 10 - Keybank Subpoena Response,
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Att: 11
Exhibit 11 - 2019 Wage Summary,
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Att: 12
Exhibit 12 - 2020 Wage Summary,
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Att: 13
Exhibit 13 - 2021 Wage Summary,
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Att: 14
Exhibit 14 - 2020 Schedule F Farming,
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Att: 15
Exhibit 15 - 2019 Schedule F Farming,
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Att: 16
Exhibit 16 - 2021 Schedule F Farming,
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Att: 17
Exhibit 17 - INDOT Project Summary
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| 38 | 38
motion
Summary Judgment
Tue 05/14 11:34 AM
MOTION for Summary Judgment by Defendant Amazon.com, Inc.. (DeVries, Edward) |
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| Thursday, May 02, 2024 | ||
| 37 | 37
misc
Mail Returned
Fri 05/03 3:31 PM
Certified Mail Returned from Kennedy Expressline as Undeliverable -32 Order to Show Cause. Envelope marked - Return to Sender, Unclaimed. (sej) |
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| Tuesday, April 09, 2024 | ||
| 36 | 36
1
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Wed 04/10 10:34 AM
ORDER: The parties' Agreed Motion to Extend Mediation Deadline35 is GRANTED. The deadline for the parties to engage in mediation is EXTENDED to 5/15/2024. Consistent with the Court's Rule 16(b) Scheduling Order [DE12 as amended at DE16 ], the Court now also sua sponte EXTENDS the dispositive motion deadline from 5/6/2024, to 6/6/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/9/2024. (ash) |
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| Wednesday, April 03, 2024 | ||
| 35 | 35
notice
Notice - Other
Wed 04/03 3:22 PM
NOTICE by Amazon.com, Inc. re 20 Order on Motion for Extension of Time to Complete Discovery Agreed Motion to Extend Mediation Deadline (Rizzo, Philip) |
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| Tuesday, April 02, 2024 | ||
| 34 | 34
adr
Report of Mediation
Tue 04/02 7:25 AM
REPORT of Mediation Scheduled by Daniel J Palmer.(Palmer, Daniel) |
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| Monday, March 25, 2024 | ||
| 33 | 33
5
pgs
order
Order Reassigning Case
Mon 03/25 2:02 PM
ORDER REASSIGNING CASE. Case reassigned to Judge Cristal C Brisco for all further proceedings. Chief Judge Holly A Brady no longer assigned to case. Signed by Chief Judge Holly A Brady on 3/25/24. (ksc) |
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| Thursday, March 14, 2024 | ||
| 32 | 32
3
pgs
order
Order to Show Cause ~Util - Terminate Motions
Mon 03/18 1:45 PM
ORDER TO SHOW CAUSE: Defendant's instant motion is GRANTED30 . Kennedy Expressline is ORDERED to show cause by 4/15/2024, why it, or its president Marcus Northern, should not be held in contempt for failing to provide information responsive to Defendant's subpoena as required by Fed. R. Civ. P. 45(e) and for failing to comply with this Court's January 3rd Order27 . Kennedy Expressline is ADVISED that this Court "may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it." Fed. R. Civ. P. 45(g). The Clerk is DIRECTED to send a copy of this Order to Kennedy Expressline via return receipt certified mail to 4324 Ashard Drive, South Bend, IN 46628; and via email to kennedyexpressline@yahoo.com. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/14/2024. (copy mailed via cert # 7021 2720 0002 3685 7082 and emailed as directed in order)(ash) |
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| Friday, February 23, 2024 | ||
| 31 | 31
respm
Statement
Fri 02/23 8:35 PM
STATEMENT re Rule 37.1 Certification re30 MOTION for Order to Show Cause against Kennedy Expressline filed by Amazon.com, Inc.. (DeVries, Edward) |
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| 30 | 30
motion
Show Cause
Fri 02/23 8:26 PM
MOTION for Order to Show Cause against Kennedy Expressline by Defendant Amazon.com, Inc..(DeVries, Edward) |
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Att: 1
Exhibit A - emails,
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Att: 2
Exhibit B - business entity report,
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Att: 3
Exhibit C - Northern - Enright letter,
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Att: 4
Exhibit D - Green Card
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| Monday, February 12, 2024 | ||
| 29 | 29
misc
Mail Returned
Mon 02/12 10:56 AM
Mail Returned (cert #7021 2720 0002 3685 6351) from Kennedy Expressline as Undeliverable -26 MOTION to Compel, and27 Order on Motion to Compel. Envelope marked - Unclaimed, Return to Sender, Unable to Forward. (sej) |
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| Wednesday, January 03, 2024 | ||
| 27 | 27
3
pgs
order
Order on Motion to Compel
Thu 01/04 11:14 AM
ORDER: The Court GRANTS IN PART Defendants instant Motion to Compel26 . The Clerk is DIRECTED to send a copy of this Order and Defendants instant Motion with all exhibits including the Subpoena (DE26 , 26-1, 26-2, 26-3) to Kennedy Expressline (1) via return receipt certified mail to 4324 Ashard Drive, South Bend, IN 46628; and (2) via email to kennedyexpressline@yahoo.com2. Kennedy Expressline is ORDERED to respond to the Subpoena within 14 days of service by producing complete responsive information, serving proper objections, or filing a motion to quash or modify the subpoena as allowed under Fed. R. Civ. P. 45. No hearing will be set at this time. Defendant may file any motion deemed necessary regarding the Subpoena after the 14-day response window passes. Kennedy Expressline is ADVISED to give the Subpoena its full and proper attention to eliminate the risk of being held in contempt of court under Fed. R. Civ. P. 45(g). Signed by Magistrate Judge Michael G Gotsch, Sr on 1/3/2024. (Copy of order and Motion26 with exhibits mailed certified # 7021 2720 0002 3685 6351 to Kennedy Expressline as directed in Order and emailed separately to kennedyexpressline@yahoo.com) (sej) |
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| Friday, December 08, 2023 | ||
| 26 | 26
motion
Compel
Fri 12/08 3:20 PM
MOTION to Compel Compliance With Subpoena by Defendant Amazon.com, Inc..(DeVries, Edward) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Addendum Rule 37.1 Certification
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| Tuesday, November 14, 2023 | ||
| 25 | 25
1
pgs
order
Order on Motion for Extension of Time to Complete Discovery
Tue 11/14 12:02 PM
ORDER GRANTING21 Motion for Extension of Time to Respond to Plaintiff's Request for Production, by Defendant Amazon.com, Inc. The deadline for Defendant to respond to Plaintiff's First Requests for Production is EXTENDED until 11/6/2023, as requested. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/14/2023. (mrm) |
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| 24 | 24
14
pgs
order
Order on Motion for Protective Order
Tue 11/14 8:52 AM
STIPULATED PROTECTIVE ORDER re22 Unopposed Motion for Entry of Stipulated Protective Order by Defendant Amazon.com, Inc. Signed by Magistrate Judge Michael G Gotsch, Sr on 11/14/2023. (mrm) |
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| Thursday, November 09, 2023 | ||
| 23 | 23
motion
Protective Order
Thu 11/09 11:35 AM
MOTION for Protective Order Order on Motion for Protective Order by Defendant Amazon.com, Inc.. (DeVries, Edward) |
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| 22 | 22
motion
Protective Order
Thu 11/09 11:07 AM
MOTION for Protective Order by Defendant Amazon.com, Inc.. (DeVries, Edward) |
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| Monday, October 23, 2023 | ||
| 21 | 21
motion
Extension of Time to Complete Discovery
Mon 10/23 5:42 PM
Second MOTION for Extension of Time to Complete Discovery Respond to Plaintiff's Requests for Production by Defendant Amazon.com, Inc.. (Rizzo, Philip) |
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| Friday, October 20, 2023 | ||
| 20 | 20
order
Order on Motion for Extension of Time to Complete Discovery
Fri 10/20 9:48 AM
ORDER granting19 Motion for Extension of Time to Complete Discovery Discovery deadline is 1/15/2024.Approved by Magistrate Judge Michael G Gotsch, Sr on 10/20/23. (slm) |
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| Wednesday, October 18, 2023 | ||
| 19 | 19
motion
Extension of Time to Complete Discovery
Wed 10/18 1:30 PM
Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Bret Enright. (Schafer, Tracey) |
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| Wednesday, September 27, 2023 | ||
| 18 | 18
order
Order on Motion for Extension of Time to Complete Discovery
Wed 09/27 10:23 PM
ORDER granting17 Motion for Extension of Time. The deadline for Defendant Amazon to respond to Plaintiffs First Set of Interrogatories and Requests for Production is EXTENDED until October 23, 2023.Approved by Magistrate Judge Michael G Gotsch, Sr on 9/27/23. (cck) |
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| 17 | 17
motion
Extension of Time to Complete Discovery
Wed 09/27 6:15 PM
MOTION for Extension of Time to Complete Discovery Respond to Plaintiff's Interrogatories and RFP by Defendant Amazon.com, Inc.. (Rizzo, Philip) |
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| Friday, August 04, 2023 | ||
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utility
Set/Reset Deadlines
Fri 08/04 8:26 AM
Set Deadlines per DE16 Dispositive motions to be filed by 5/6/2024, Non-Dispositive Motions due by 2/23/2024. (mrm) |
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| Wednesday, August 02, 2023 | ||
| 16 | 16
order
Scheduling Order
Thu 08/03 7:41 AM
AMENDED SCHEDULING ORDER: The Court now AMENDS Section 4 of its Rule 16(b) Scheduling Order12 with respect to the dispositive motion deadline as follows. The deadline to file any dispositive motions is 5/6/2024, with any response due 28 days thereafter and any reply due 14 days after the filing of a response, consistent with N.D. Ind. L.R. 56-1(b)-(c). The remainder of the Court's original Rule 16(b) Scheduling Order12 REMAINS in full force and effect. To that end, the parties are REMINDED that the deadline for filing any discovery-related nondispositive motions is 2/23/2024, and the deadline for completion of all discovery is 3/22/2024. Signed by Magistrate Judge Michael G Gotsch, Sr on 8/2/2023. (mrm) |
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| Monday, July 17, 2023 | ||
| 15 | 15
2
pgs
order
Order Reassigning Case
Mon 07/17 6:06 PM
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Holly A Brady for all further proceedings. Judge Jon E DeGuilio no longer assigned to case. Signed by Chief Judge Holly A Brady on 7/17/23. (ksc) |
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| Monday, March 27, 2023 | ||
| 14 | 14
notice
Notice of Failure to Return Consent Form (Standard)
Mon 03/27 2:38 PM
NOTICE: Counsel for Amazon.com, Inc. was directed to return the Consent to or Declination of the Exercise of Jurisdiction by a United States Magistrate Judge attached at Docket Entry #10 regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Clerk's Office has not received the form. Counsel for Amazon.com, Inc. shall return the form within 10 days of the date of this entry. If, after the expiration of the 10-day extension set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Counsel also advised of 10-day consent deadline by correspondence. (kmt) |
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| Friday, March 03, 2023 | ||
| 13 | 13
misc
Report
Fri 03/03 3:23 PM
REPORT by Bret Enright of Mediator Selection . (Schafer, Tracey) |
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| Wednesday, February 22, 2023 | ||
| 12 | 12
order
Scheduling Order 1 - Terminate Hearings
Thu 02/23 2:31 PM
SCHEDULING ORDER: The Court now enters the instant Rule 16(b) Scheduling Order regarding the conduct of discovery and deadlines as follows. The parties will exchange the information required by Fed. R. Civ. P. 26(a)(1) by 3/27/2023. The last date to amend the pleadings without leave of court as to plaintiff(s) is 6/30/2023; as to defendant(s) is 7/28/2023. The parties have agreed that the deadline for completion of fact discovery is 10/20/2023. The serving of reports from retained experts under Rule 26(a)(2) are due from plaintiff(s) by 11/21/2023; and from defendant(s) by 1/19/2024. The last date for the completion of ALL DISCOVERY is 3/22/2024. The deadline to file any discovery-related nondispositive motion is 2/23/2024. The parties shall name a mediator no later than 3/3/2023. The deadline for the parties to engage in mediation is 4/5/2024. The Court hereby VACATES the Preliminary Pretrial Conference scheduled for March 3, 2023, at 11:30 a.m. EST. Signed by Magistrate Judge Michael G Gotsch, Sr on 2/22/23. (nhc) |
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| Monday, February 20, 2023 | ||
| 11 | 11
misc
Report of Rule 26f Planning Meeting
Mon 02/20 12:43 PM
REPORT of Rule 26(f) Planning Meeting. (Schafer, Tracey) |
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| Tuesday, January 31, 2023 | ||
| 10 | 10
misc
Mag Consent Forms Sent - Standard with pptc - form will be generated
Tue 01/31 12:49 PM
MAGISTRATE JUDGE CONSENT FORMS sent to all parties.. (slm) |
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| 9 | 9
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 01/31 12:47 PM
ORDER, Joint Proposed Discovery due by 2/20/2023. Telephonic Rule 16 Preliminary Pretrial Conference set for 3/3/2023 11:30 AM in US District Court - South Bend before Magistrate Judge Michael G Gotsch Sr.. Signed by Magistrate Judge Michael G Gotsch, Sr on 1/31/23. (slm) |
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| Thursday, January 12, 2023 | ||
| 8 | 8
notice
Notice of Appearance
Thu 01/12 11:41 AM
NOTICE of Appearance by Tracey Lynn Steele Schafer on behalf of All Plaintiffs (Schafer, Tracey) |
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utility
Add and Terminate Judges
Thu 01/12 10:28 AM
Chief Judge Jon E DeGuilio and Magistrate Judge Michael G Gotsch, Sr added. **NEW CASE** (rmc) |
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| Wednesday, January 11, 2023 | ||
| 4 | 4
notice
Notice of Removal
Wed 01/11 6:01 PM
NOTICE OF REMOVAL (Filing fee $ 402 receipt number AINNDC-5128834.), filed by Amazon.com, Inc..(DeVries, Edward) |
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Att: 1
13 pgs
Exhibit A - Summons and Complaint,
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Att: 2
Exhibit B - Docket,
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Att: 3
Civil Cover Sheet
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| 3 | 3
notice
Notice of Appearance
Wed 01/11 4:53 PM
NOTICE of Appearance by Philip G Rizzo on behalf of Amazon.com, Inc. (Rizzo, Philip) |
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| 2 | 2
notice
Notice of Appearance
Wed 01/11 4:51 PM
NOTICE of Appearance by Edward A DeVries on behalf of Amazon.com, Inc. (DeVries, Edward) |
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| 1 | 1
misc
Corporate Disclosure Statement
Wed 01/11 4:30 PM
Corporate Disclosure Statement by Amazon.com, Inc.. (Rizzo, Philip) |
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| Thursday, October 20, 2022 | ||
| 7 | 7
1
pgs
order
Order
Thu 01/12 11:09 AM
STATE COURT ORDER granting Motion to Substitute Counsel and to Correct Scrivener's Error. The appearance of Tracey Steele Schafer is substituted as counsel for Plaintiff. The Court further orders that the Plaintiff's name shall be corrected to reflect the correct spelling which is Bret Enright. Signed by Judge Cristal C. Brisco on 10/20/2022 filed in St. Joseph County Superior Court 4, 71D04-2206-CT-000191. (rmc) |
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