McCain v. Caterpillar Logistics, Inc.
| Randall McCain |
| Caterpillar Logistics, Inc. |
| 1:2023cv01162 |
| April 21, 2023 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Joe Billy McDade |
| Civil Rights: Americans with Disabilities - Employment |
| 42 U.S.C. ยง 12101 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER: On 8/7/2023, the Plaintiff's counsel filed a Suggestion of Death #13 to notify the Court of the passing of Plaintiff Randall McCain. Fed. R. Civ. P. 25(a)(1) provides that a "motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed." The Court notes that there is nothing on the docket to indicate that the Suggestion of Death was served on anyone other than defense counsel, though the Court acknowledges Plaintiff's counsel's representations in the Motion to Withdraw as Counsel #14 that counsel has made several attempts to contact next of kin, to no avail, in order to identify a proper party substitute. See FED. R. CIV. P. 25(a)(3) (providing that a statement noting death must be served in the same manner as a motion to substitute); and Atkins v. City of Chi., 547 F.3d 869, 873 (7th Cir. 2008) (stating that "nonparties with a significant financial interest in the case, namely the decedent's successors [if the estate has been distributed] or personal representative [if it has not been], should certainly be served" in order to start the 90-day clock ticking). Accordingly, the Plaintiff's counsel is directed to promptly comply with Fed. R. Civ. P. 25(a)(3). See Atkins, 547 F.3d at 874 ("The case law makes clear that... nothing will suffice to start the 90-day clock running except service on whoever is identified as the decedent's representative or successor"). Entered by Magistrate Judge Jonathan E. Hawley on 9/22/2023. (KZ)
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| Filing 14 MOTION to Withdraw as Attorney by Plaintiff Randall McCain. Responses due by 10/5/2023 (Badwan, Mohammed) |
| Filing 13 SUGGESTION OF DEATH Upon the Record as to Randall McCain by Randall McCain. (Badwan, Mohammed) |
| Filing 12 TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #11 . Discovery due by 6/21/2024. Dispositive Motions due by 7/31/2024. Final Pretrial Conference set for 10/30/23 at 10:00 AM and Jury Trial set for 11/25/2024 at 9:00 AM, BOTH in Courtroom D before District Judge McDade. Rule 16 conference set 7/23/23 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 Hawley's 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: 7/24/2023. (WG) |
| Filing 11 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Caterpillar Logistics, Inc.. (Smentek, Sharilee) |
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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 7/28/23 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 prior to speaking unless the judge asks a question directly to you so time 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 7/25/2023. 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. If the complaint makes allegations on behalf of a class, the proposed discovery plan should include a deadline for filing a motion to certify class at a stage early in the the case. 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 6/27/2023. (WG)
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| Filing 9 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Caterpillar Logistics, Inc.. (Smentek, Sharilee) |
| Filing 8 NOTICE of Appearance of Attorney by Katherine F Mendez on behalf of Caterpillar Logistics, Inc. (Mendez, Katherine) |
| Filing 7 NOTICE of Appearance of Attorney by Sharilee Kempa Smentek on behalf of Caterpillar Logistics, Inc. (Smentek, Sharilee) |
| Filing 6 ANSWER to #1 Complaint [And Defenses] by Caterpillar Logistics, Inc..(Smentek, Sharilee) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Randall McCain. Caterpillar Logistics, Inc. waiver sent on 4/27/2023, answer due 6/26/2023. (Badwan, Mohammed) |
| Filing 4 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Caterpillar Logistics, Inc. c/o Sharilee K. Smentek and Katherine Mendez on 4/27/2023. (Badwan, Mohammed) |
| Filing 3 Summons Issued as to Caterpillar Logistics, Inc. (VH) |
| Filing 2 NOTICE of Appearance of Attorney by Mohammed Omar Badwan on behalf of Randall McCain (Badwan, Mohammed) |
| Filing 1 COMPLAINT against Caterpillar Logistics, Inc. ( Filing fee $ 402 receipt number AILCDC-4189161.), filed by Randall McCain. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit A, #4 Exhibit B)(Badwan, Mohammed) |
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| Plaintiff: Randall McCain | |
| Represented By: | Mohammed Omar Badwan |
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| Defendant: Caterpillar Logistics, Inc. | |
| Represented By: | Katherine F Mendez |
| Represented By: | Sharilee Kempa Smentek |
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