Lucinda O'Dea v. RB Health (US) LLC
| Lucinda O'Dea |
| RB Health (US) LLC |
| 2:2024cv07048 |
| August 14, 2024 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Brianna Fuller Mircheff |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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Filing 65
ORDER by Judge Stanley Blumenfeld, Jr.: The parties' joint status report reflects disagreement about whether the Court's reasoning in Montenegro controls in this case but indicates agreement on how to proceed. The report also notes that the parties have requested severance of the claims against Defendant from those against the other defendants in Heerman v. Alchemee, LLC, No. 2:24-cv-07550-SB, which the Court has granted. The parties propose that Plaintiff (and the plaintiff in the severed Heerman case against Defendant) file a single consolidated complaint to which Defendant will respond with a motion to dismiss. Though the Heerman plaintiff did not join the report, the parties in Heerman have sought to proceed along identical lines against the other defendants in that case. No. 24-cv-7550-SB, Dkt. No. 68. The Court adopts the parties' proposal as modified. (see document for further details) (bm)
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| Filing 64 STATUS REPORT filed by Defendant RB Health (US) LLC. (Winner, Sonya) |
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Filing 63
(In Chambers) Order by Judge Stanley Blumenfeld, Jr.: In three related cases alleging claims similar to those in this action, the Court granted defendants' motions to dismiss, finding the claims preempted. E.g., Howard v. Alchemee, LLC, No. 2:24-cv-01834-SB, Dkt. No. 77. The parties shall promptly meet and confer in person or by videoconference and attempt to reach agreement on how best to conserve party and judicial resources in light of the Court's rulings. No later than September 27, 2024, the parties shall file a joint status report describing any agreements or proposals for efficient resolution of this dispute. In the absence of agreement, the Court expects to set a mandatory scheduling conference on October 11, and the parties should be prepared to proceed diligently with the prosecution of this case. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lfa) TEXT ONLY ENTRY
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| Filing 62 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/13/24 10:18 a.m. re Transcript #61 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY |
| Filing 61 TRANSCRIPT for proceedings held on 9/13/24 10:18 a.m.. Court Reporter/Electronic Court Recorder: ECHO REPORTING, INC., phone number (858) 453-7590. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/7/2024. Redacted Transcript Deadline set for 10/17/2024. Release of Transcript Restriction set for 12/16/2024. (ha) |
| Filing 60 MINUTES of Motion to Stay Discovery; Motion to Transfer; Motion to Dismiss; Mandatory Scheduling Conference; Status Conference by Judge Stanley Blumenfeld, Jr. Case called and appearances made. The Court heard argument from counsel on its tentative rulings on Defendants Johnson & Johnson, Inc. and Kenvue, Inc.'s motion to transfer, and Defendants Alchemee, LLC and Taro Pharmaceutical USA, Inc.'s motion to dismiss, which addressed issues raised in the other Defendants motions to dismiss. The Court took the matters under submission. If necessary, the Court will issue a separate order continuing the mandatory scheduling conference. (rolm) |
| Filing 59 Notice OF DESIGNATION OF LEAD COUNSEL filed by Defendant RB Health (US) LLC. (Soukup, Andrew) |
| Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney Trenton R. Kashima counsel for Plaintiff Lucinda O'Dea. Adding Trenton R. Kashima as counsel of record for Lucinda O'Dea for the reason indicated in the G-123 Notice. Filed by Plaintiff Trenton R. Kashima. (Attorney Trenton R. Kashima added to party Lucinda O'Dea(pty:pla))(Kashima, Trenton) |
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Filing 57
(In Chambers) Order re Lead Counsel Designation by Judge Stanley Blumenfeld, Jr.: As directed in the Court's Standing Order for Civil Cases, only one attorney for each party may be designated as lead counsel. Lead counsel must attend all proceedings set by this Court and must be prepared to address and resolve all matters within the scope of the proceeding. Defendant and Plaintiff have multiple attorneys but have failed to designate lead counsel. Counsel are directed to update the docket to comply with the Court's requirement by no later than noon on September 12, 2024. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lfa) TEXT ONLY ENTRY
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| Filing 56 SCHEDULING NOTICE by Judge Stanley Blumenfeld, Jr. The Courts schedules an in-person Status Conference Hearing for September 13, 2024, at 8:30 a.m. before Judge Stanley Blumenfeld, Jr.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lfa) TEXT ONLY ENTRY |
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Filing 55
Standing Order upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (lfa)
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Filing 54
ORDER RE TRANSFER PURSUANT to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. Related Case- filed. Related Case No: 2:24-cv-01834 SB(BFMx). Case transferred from Magistrate Judge Alka Sagar and Judge Christina A. Snyder to Judge Stanley Blumenfeld, Jr and Magistrate Judge Brianna Fuller Mircheff for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:24-cv-07048 SB(BFMx). Signed by Judge Stanley Blumenfeld, Jr (rn)
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| Filing 53 APPLICATION of Non-Resident Attorney Russell M. Busch to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38120909) filed by Plaintiff Lucinda O'Dea. (Attachments: #1 Proposed Order) (Straus, Alex) |
| Filing 52 APPLICATION of Non-Resident Attorney Luis Cardona to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38120882) filed by Plaintiff Lucinda O'Dea. (Attachments: #1 Proposed Order) (Straus, Alex) |
| Filing 51 APPLICATION of Non-Resident Attorney Nick Suciu III to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38120856) filed by Plaintiff Lucinda O'Dea. (Attachments: #1 Proposed Order) (Straus, Alex) |
| Filing 50 APPLICATION of Non-Resident Attorney J. Hunter Bryson to Appear Pro Hac Vice on behalf of Plaintiff Lucinda O'Dea (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38120820) filed by Plaintiff Lucinda O'Dea. (Attachments: #1 Proposed Order) (Straus, Alex) |
| Filing 49 Notice of Appearance or Withdrawal of Counsel: for attorney Alex R. Straus counsel for Plaintiff Lucinda O'Dea. Adding Alex Straus as counsel of record for Lucinda O'Dea for the reason indicated in the G-123 Notice. Filed by Plaintiff Lucinda O'Dea. (Attorney Alex R. Straus added to party Lucinda O'Dea(pty:pla))(Straus, Alex) |
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Filing 48
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Christina A. Snyder: GRANTING #47 Non-Resident Attorney Andrew J. Soukup APPLICATION to Appear Pro Hac Vice on behalf of Defendant RB Health (US) LLC, designating Zachary R. Glasser as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lt)
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| Filing 47 APPLICATION of Non-Resident Attorney Andrew Soukup to Appear Pro Hac Vice on behalf of Defendant RB Health (US) LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-38092188) filed by Defendant RB Health (US) LLC. (Attachments: #1 Proposed Order) (Glasser, Zachary) |
| Filing 46 NOTICE of Related Case(s) filed by Defendant RB Health (US) LLC. Related Case(s): 2:24-cv-1878-SB-BFM (Attachments: #1 Exhibit A)(Winner, Sonya) |
| Filing 45 Notice of Appearance or Withdrawal of Counsel: for attorney Zachary Reed Glasser counsel for Defendant RB Health (US) LLC. Adding Zachary R. Glasser as counsel of record for RB Health (US) LLC for the reason indicated in the G-123 Notice. Filed by Defendant RB Health (US) LLC. (Attorney Zachary Reed Glasser added to party RB Health (US) LLC(pty:dft))(Glasser, Zachary) |
| Filing 44 Notice of Appearance or Withdrawal of Counsel: for attorney Sonya D Winner counsel for Defendant RB Health (US) LLC. Adding Sonya D. Winner as counsel of record for RB Health (US) LLC for the reason indicated in the G-123 Notice. Filed by Defendant RB Health (US) LLC. (Attorney Sonya D Winner added to party RB Health (US) LLC(pty:dft))(Winner, Sonya) |
| Filing 43 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Anthony Joseph Monaco. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 42 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Andrew James Soukup. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 41 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Gary M. Klinger. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 40 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Russell Busch. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 39 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Luis Angel Cardona. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 38 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney John Hunter Bryson. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 37 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Nick Suciu, III. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (sh) |
| Filing 36 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 35 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 34 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Alka Sagar. (sh) |
| Filing 33 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:24-cv-02757, from Illinois Northern. The above-referenced case has been transferred to this district and assigned the above civil case number 2:24-cv-7048 CAS (ASx). (sh) |
| Filing 32 ORIGINAL file, certified copy of transfer order and docket sheet received from Illinois Northern |
| Filing 31 TRANSFERRED to the Central District of California the electronic record. (aee, ) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 30 MINUTE entry before the Honorable Jeffrey I Cummings: Pursuant to the parties' joint stipulation to transfer claims #29 , the Clerk of Court is directed to transfer this matter forthwith to the United States District Court for the Central District of California pursuant to 28 U.S.C. 1404. Defendant's previously filed motion to transfer #16 and plaintiff's motion to stay #21 are denied as moot. All pending deadlines and hearings before this Court are stricken. This matter is administratively terminated in this District. Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 29 Joint Stipulation to Transfer Claims by RB Health (US) LLC (Monaco, Anthony) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 28 MINUTE entry before the Honorable Jeffrey I Cummings: The parties' pending motions remain under advisement. Accordingly, the 7/19/24 tracking status hearing is stricken and re-set to 8/26/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 27 STATUS Report Joint Status Report by RB Health (US) LLC (Monaco, Anthony) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 26 REPLY by Defendant RB Health (US) LLC In Support of Motion to Transfer, or Alternatively, to Dismiss in Favor of First Filed Class Action (Attachments: #1 Exhibit A)(Monaco, Anthony) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 25 MEMORANDUM by Lucinda O'Dea in Opposition to motion to transfer case, #16 (Fraietta, Philip) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 24 MINUTE entry before the Honorable Jeffrey I Cummings: The Court grants plaintiff's unopposed motion for extension of time #22 . Plaintiff shall respond to the defendant's motion to transfer by 6/14/24 and defendant shall reply by 7/3/24. Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 23 RESPONSE by RB Health (US) LLCin Opposition to MOTION by Plaintiff Lucinda O'Dea to stay Proceedings Pending MDL Determination (Opposed) #21 (Monaco, Anthony) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 22 MOTION by Plaintiff Lucinda O'Dea for extension of time to file response/reply as to motion to transfer case, #16 (Fraietta, Philip) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 21 MOTION by Plaintiff Lucinda O'Dea to stay Proceedings Pending MDL Determination (Opposed) (Fraietta, Philip) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 20 MINUTE entry before the Honorable Jeffrey I Cummings: Plaintiff's unopposed motion for extension of time #19 is granted. Plaintiff shall respond to the defendant's motion to transfer by 6/11/24 and defendant shall reply by 6/28/24. Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 19 MOTION by Plaintiff Lucinda O'Dea for extension of time to file response/reply as to motion to transfer case, #16 (Attachments: #1 Exhibit A - MDL Petition)(Busch, Russell) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 18 MINUTE entry before the Honorable Jeffrey I Cummings: The Court is in receipt of defendant's unopposed motion for extension of time #17 and opposed motion to transfer #16 . By agreement of the parties, plaintiff shall respond to defendant's motion to transfer #16 by 5/28/24 and defendant shall reply by 6/11/24. The Court will review the parties' submissions and will either issue a ruling by mail or set a hearing if appropriate. Defendant's motion for extension of time #17 is granted. Defendant shall answer or otherwise plead within thirty days of the Court's ruling on the pending motion to transfer. The 7/8/24 initial status report deadline stands. Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 17 MOTION by Defendant RB Health (US) LLC for extension of time to respond to Complaint - UNOPPOSED (Attachments: #1 Exhibit A - Montenegro Complaint)(Monaco, Anthony) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 16 MOTION by Defendant RB Health (US) LLC to transfer case OR ALTERNATIVELY, TO DISMISS IN FAVOR OF FIRST-FILED CLASS ACTION (Attachments: #1 Exhibit A - Montenegro Complaint, #2 Exhibit B - Heermann Complaint, #3 Exhibit C - Funari Declaration)(Monaco, Anthony) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 15 MINUTE entry before the Honorable Jeffrey I Cummings: Defendant's unopposed motion for extension of time to answer or otherwise plead #11 is granted. Defendants to answer or otherwise plead by 6/14/24. The 6/7/24 status report deadline and the 6/21/24 tracking status hearing are stricken. If this matter is not resolved, the parties shall file the initial joint status report by 7/8/24. Status hearing set to 7/19/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 14 SUMMONS Returned Executed by Lucinda O'Dea as to RB Health (US) LLC on 4/9/2024, answer due 4/30/2024. (Busch, Russell) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 13 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by Russell Busch (Busch, Russell) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 12 ATTORNEY Appearance for Defendant RB Health (US) LLC by Andrew James Soukup (Soukup, Andrew) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 11 MOTION by Defendant RB Health (US) LLC for extension of time to file answer Unopposed Motion to Extend Deadline to Respond to the Complaint (Monaco, Anthony) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by RB Health (US) LLC (Monaco, Anthony) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 9 ATTORNEY Appearance for Defendant RB Health (US) LLC by Anthony Joseph Monaco (Monaco, Anthony) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 8 MINUTE entry before the Honorable Jeffrey I Cummings: This case has been assigned to the calendar of Judge Jeffrey I. Cummings. On or before 6/7/24, the parties shall file a joint initial status report in accordance with the template available on the Court's website under the case management procedure titled "Initial Status Report for Newly Filed Cases." The parties shall also review all of the case management procedures and standing orders available on the Court's website, including the Court's case management procedure for motions to dismiss. Initial tracking status hearing set for 6/21/24 at 9:00 a.m. to track the case only (no appearance is required and the case will not be called). Instead, the Court will review the parties' joint initial status report and enter further orders as appropriate. Mailed notice (mjc, ) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 7 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by Philip Fraietta (Fraietta, Philip) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 6 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by Luis Angel Cardona (Cardona, Luis) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 5 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by John Hunter Bryson (Bryson, John) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by Gary M. Klinger (Klinger, Gary) [Transferred from Illinois Northern on 8/22/2024.] |
| SUMMONS Issued as to Defendant RB Health (US) LLC (vkm, ) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Lucinda O'Dea by Nick Suciu, III (Suciu, Nick) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 2 CIVIL Cover Sheet (Klinger, Gary) [Transferred from Illinois Northern on 8/22/2024.] |
| Filing 1 COMPLAINT filed by Lucinda O'Dea; Jury Demand. Filing fee $ 405, receipt number AILNDC-21825501.(Klinger, Gary) [Transferred from Illinois Northern on 8/22/2024.] |
| 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 #Consent To# 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. (jxm, ) [Transferred from Illinois Northern on 8/22/2024.] |
| CASE ASSIGNED to the Honorable Jeffrey I Cummings. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 1). (jxm, ) [Transferred from Illinois Northern on 8/22/2024.] |
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