Murphy v. Caterpillar Inc
| Brian J Murphy |
| Caterpillar Inc |
| 1:2021cv01282 |
| October 6, 2021 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| None |
Docket Report
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TEXT ORDER granting #21 Joint Motion to Amend the Internal Dates of the pending scheduling order without modifying the dates for the Close of Discovery, Dispositive Motions or other dates and deadlines in the case. Revised deadlines set out in Paragraph 10 of the motion are adopted. Entered by Magistrate Judge Jonathan E. Hawley on 4/18/23. (WG)
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Filing 21
Third MOTION to Amend/Correct Order on Motion to Amend/Correct,,,,,, Set/Reset Deadlines/Hearings,,,,, Joint Motion to Amend the Internal Dates of the Pending Scheduling Order Without Modifying the Dates for the Close of Discovery, Dispositive Motions or Other Dates and Deadlines in the Case by Plaintiff Brian J Murphy. Responses due by 5/1/2023 (Backman, Jonathan)
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TEXT ORDER granting #20 Joint Motion to Amend the Amended Scheduling Order. Discovery due by 9/6/23. Dispositive Motions due by 10/23/23. Final Pretrial Conference reset for 3/7/24 at 3:00 PM and Jury Trial reset for 3/25/24 at 9:00 AM, BOTH in Courtroom A LETTER before Judge Shadid. The parties joint Proposed Final Pretrial Order is due on or before 2/22/24. The Proposed Final Pretrial Order shall include as exhibits a list of each parties witnesses and whether they will appear in person or by video; a joint list of exhibits, if any, to which the parties agree to their admissibility; a list of exhibits to which a party objects and the basis for the objections; joint jury instructions on which the parties agree; and each partys own instructions to which another party objects. The combination of the joint instructions and each partys separately offered instructions should, in that partys view, constitute all the instructions the Court would give to the jury. If a party objects to another partys instruction, it should offer an alternative instruction, unless the party believes that the particular instruction should not be given at all. Motions in limine due on or before 2/8/24 and responses thereto due on or before 2/22/24. Entered: 1/19/2023. (WG)
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Filing 20
Joint MOTION to Amend/Correct The Amended Scheduling Order by Defendant Caterpillar Inc. Responses due by 2/1/2023 (Smentek, Sharilee)
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Filing 19
AGREED CONFIDENTIALITY ORDER. The Joint Motion for Entry of Agreed Confidentiality Order #18 is granted. Entered by Magistrate Judge Jonathan E. Hawley on 11/28/2022. (KZ)
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Filing 18
Joint MOTION for Order (Joint Motion for Entry of Agreed Confidentiality Order) by Defendant Caterpillar Inc. Responses due by 12/7/2022 (Attachments: #1 Text of Proposed Order)(Smentek, Sharilee)
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TEXT ORDER granting #17 Plaintiff's Unopposed Motion to Extend Discovery and related deadlines. Discovery due by 6/8/2023. Dispositive Motions due by 7/24/2023. Final Pretrial Conference reset for 12/1/2023 at 10:00 AM and Jury Trial reset for 1/8/2024 at 9:00 AM. Both hearings to be held in Courtroom A in Peoria before Judge James E. Shadid. Entered by Magistrate Judge Jonathan E. Hawley on 9/28/22. (WG)
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Filing 17
First MOTION for Extension of Time to Complete Discovery (Unopposed) by Plaintiff Brian J Murphy. Responses due by 10/11/2022 (Backman, Jonathan)
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Filing 16
TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #15 . Discovery due by 3/8/2023. Dispositive Motions due by 4/24/2023. Final Pretrial Conference set for 8/24/2023 at 2:30 PM and Jury Trial set for 9/25/2023 at 9:00 AM, BOTH in Courtroom A before District Judge Shadid. Rule 16 conference set 5/6/22 at 10:30 AM is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawleys Standing Order that was revised on 4/7/2022. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 5/3/2022. (WG)
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Filing 15
DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Caterpillar Inc. (Smentek, Sharilee)
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Filing 14
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 5/6/2022 at 10:30 AM via telephone. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 5/3/2022. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 3/31/2022. (WG)
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Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via video conference with Atty Jonathan Backman for Plt and Attys Katherine Mendez with Alex Giftos and Matt Rampenthal for Settlement Conference held on 3/31/2022. No settlement reached. (AH)
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Filing 13
Digital Audio File held on 2/18/2022 before Judge Jonathan E. Hawley. AUDIO FILE SIZE (3.9 MB) (AH)
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Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone conference by Attys Jonathan Backman for Plaintiff and Sharilee Smentek for Defendant for a Pre-Settlement Conference Status Hearing held on 2/18/2022. Discussion was held regarding procedures and expectations for the Settlement Conference scheduled for 3/31/2022 at 10:00 AM. (Tape #PRC: 9:57 a.m.) (AH)
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TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Settlement Conference set for 3/8/2022 is VACATED and RESET to 3/31/2022 at 10:00 AM by video before Magistrate Judge Jonathan E. Hawley. Participants can log into the video hearing using the Zoom application or Zoom.com and entering the following Meeting ID: 16009516536. The Court will admit you from the waiting room once the hearing is ready to begin. For those participating by telephone, call (551) 285-1373 and enter the Meeting ID when prompted to do so. Parties to submit directly to chambers a settlement statement stating their position in regard to settlement by 3/28/2022. This shall include history of offers and demands along with a brief statement of position on facts and legal issues. Do not file this statement with the clerk office or exchange with opposing parties. Parties have leave of court to email the statement directly to chambers at hawley@ilcd.uscourts.gov. The Pre-settlement conference previously set for 2/18/22 at 10:00 AM via phone remains set. Entered by Magistrate Judge Jonathan E. Hawley on 1/19/2022. (WG)
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TEXT ORDER: Pursuant to the setting of a settlement conference, Court VACATES the Rule 16 conference set 2/4/2022. Hearing will be reset if necessary after the settlement conference. Entered by Magistrate Judge Jonathan E. Hawley on 1/14/22.(WG)
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TEXT ORDER: TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Settlement Conference is set for 3/8/2022 at 10:00 AM by video before Magistrate Judge Jonathan E. Hawley. Participants can log into the video hearing using the Zoom application or Zoom.com and entering the following Meeting ID: 16009516536. The Court will admit you from the waiting room once the hearing is ready to begin. For those participating by telephone, call (551) 285-1373 and enter the Meeting ID when prompted to do so. Parties to submit directly to chambers a settlement statement stating their position in regard to settlement 3 business days prior to the settlement conference. This shall include history of offers and demands along with a brief statement of position on facts and legal issues. Do not file this statement with the clerk office or exchange with opposing parties. Parties have leave of court to email the statement directly to chambers at hawley@ilcd.uscourts.gov. A pre-settlement Status Conference is set for 2/18/2022 at 10:00 AM by telephone before Magistrate Judge Jonathan E. Hawley to discuss the preparation and the Court's expectations for the settlement conference. Counsel are to phone into conference by calling call (551) 285-1373, then enter 16009516536. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. Entered by Magistrate Judge Jonathan E. Hawley on 1/14/22. (WG)
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TEXT ORDER granting #12 Motion for Settlement. Chambers will contact counsel and coordinate the setting of a settlement conference. Entered by Magistrate Judge Jonathan E. Hawley on 1/14/22. (WG)
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Filing 12
Joint MOTION for Settlement Conference by Defendant Caterpillar Inc. Responses due by 1/27/2022 (Mendez, Katherine)
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Filing 11
TEXT ONLY ORDER CORRECTING the setting of the Rule 16 Scheduling Conference. Rule 16 Scheduling Conference set for 2/4/2022, not 2/4/2021, at 10:30 AM via telephone before Magistrate Judge Jonathan E. Hawley. Entered by Magistrate Judge Jonathan E. Hawley on 12/27/21. (WG)
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Filing 10
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 2/4/2022 at 10:30 AM via telephone. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 2/1/2022. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 12/27/2021. (WG)
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Filing 9
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Caterpillar Inc. (Smentek, Sharilee)
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Filing 8
ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Caterpillar Inc.(Smentek, Sharilee)
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TEXT ORDER granting #7 the Defendant's Unopposed Motion for an Extension of Time to Answer or Otherwise Respond to the Complaint. Defendant Caterpillar Inc.'s answer due 12/20/2021. Entered by Magistrate Judge Jonathan E. Hawley on 12/3/2021. (KZ)
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Filing 7
MOTION for Extension of Time to File Answer re #1 Complaint (UNOPPOSED) by Defendant Caterpillar Inc. Responses due by 12/16/2021 (Smentek, Sharilee)
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TEXT ONLY ORDER granting #6 Motion for Extension of Time to Answer. Dft Caterpillar Inc answer due 12/6/2021. Entered by Magistrate Judge Jonathan E. Hawley on 10/25/21. (WG)
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Filing 6
MOTION for Extension of Time to File Answer re #1 Complaint DEFENDANTS UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT by Defendant Caterpillar Inc. Responses due by 11/5/2021 (Smentek, Sharilee)
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Filing 5
NOTICE of Appearance of Attorney by Katherine F Mendez on behalf of Caterpillar Inc (Mendez, Katherine)
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Filing 4
NOTICE of Appearance of Attorney by Sharilee Kempa Smentek on behalf of Caterpillar Inc (Smentek, Sharilee)
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Set/Reset Deadlines: Caterpillar Inc answer due 11/5/2021. (TK)
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Filing 3
AFFIDAVIT of Service for Summons and Complaint served on Caterpillar Inc. on 10/14/21, filed by Brian J Murphy. (Backman, Jonathan)
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Filing 2
Summons Issued as to Caterpillar Inc. (VH)
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Filing 1
COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AILCDC-3776509.), filed by Brian J Murphy. (Attachments: #1 Exhibit A: Signed Action Plan, #2 Civil Cover Sheet, #3 Summons)(Backman, Jonathan)
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| Plaintiff: Brian J Murphy | |
| Represented By: | Jonathan A Backman |
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| Defendant: Caterpillar Inc | |
| Represented By: | Katherine F Mendez |
| Represented By: | Sharilee Kempa Smentek |
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