Little v. TMI Hospitality Inc et al
Tashima Little |
Marriott International Inc, TMI Hospitality Inc and John Doe #1 |
2:2015cv02204 |
September 17, 2015 |
US District Court for the Central District of Illinois |
Urbana Office |
Cook |
Colin Stirling Bruce |
Eric I Long |
Civil Rights: Jobs |
42 U.S.C. § 1981 |
Plaintiff |
Docket Report
This docket was last retrieved on May 10, 2017. A more recent docket listing may be available from PACER.
Document Text |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/10/2017. Pursuant to Stipulation of Dismissal with Prejudice of Defendants TMI Hospitality Inc. and John Doe #1 #60 and Rule 41(a) of the Federal Rules of Civil Procedure, this matter is hereby terminated. All pending motions are denied as moot and all scheduled deadlines and court settings are vacated.(JMB, ilcd) |
Filing 60 STIPULATION of Dismissal with Prejudice by John Doe #1, TMI Hospitality Inc. (McIntyre, Michael) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/2/2017. Attorneys Carmen Caruso, Jackie Condella and Gary Abrams' Motions to Withdraw as Counsel for Plaintiff #57 , #58 are GRANTED. The Court directs the Clerk to terminate Mr. Caruso, Ms. Condella, and Mr. Abrams from this case. Pursuant to Lindsay Sadlowski's Notice of Withdrawal #59 , the Court directs the Clerk to terminate Ms. Sadlowski from this case. A status conference remains set for May 15, 2017, at 10:00 AM, before Magistrate Judge Eric Long, Urbana, Courtroom B. Plaintiff is to appear in person. Defendants may appear by phone, and should inform the Court (217-373-5839) if they wish instead to appear by person. The Court further requests that Defendants file Plaintiff Little's deposition transcript (if available) with the Court by May 11, 2017. (JMB, ilcd) |
Filing 59 NOTICE OF WITHDRAWAL AS CO-COUNSEL (Sadlowski, Lindsay) |
Filing 58 MOTION to Withdraw as Attorney by Plaintiff Tashima Little. Responses due by 5/4/2017 (Abrams, Gary) |
Minute Entry for proceedings held 4/20/2017 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by Carmen Caruso. Appearance for the Defendants by Scott McIntyre and Melissa Siebert. Status Conference held by telephone. Status of case discussed. (Tape #UR-B: 12:49 PM.) (KE, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/20/2017. A telephone status conference is set for today, April 20, 2017, at 12:45 PM, before Magistrate Judge Eric I. Long. The Court will initiate the call.(JMB, ilcd) |
Filing 57 MOTION to Withdraw as Attorney by Plaintiff Tashima Little. Responses due by 5/1/2017 (Caruso, Carmen) |
Filing 56 REDACTION to #54 Response to Motion for Protective Order by Tashima Little. (Caruso, Carmen) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/11/2017. Pursuant to Stipulation of Dismissal with Prejudice of Defendant Marriott International, Inc. #55 and Rule 41(a) of the Federal Rules of Civil Procedure, Marriott International, Inc. is terminated from this case. This case remains set for a status conference on 5/15/2017 at 10:00 AM by telephone. (JMB, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 4/11/2017. The Court has reviewed Plaintiff's Letter filed under seal [54-1] in response to Defendant's Motion for Protective Order. The Court directs Plaintiff to file a version of the letter redacting all portions that are subject to the protective order. The unredacted Letter [54-1] remains sealed. (JMB, ilcd) |
Filing 55 STIPULATION of Dismissal of Defendant Marriott International, Inc. by Tashima Little. (Caruso, Carmen) |
Filing 54 RESPONSE to Motion re #52 MOTION for Protective Order filed by Plaintiff Tashima Little. (Caruso, Carmen) (Additional attachment(s) added on 4/10/2017: #1 Letter) (JMB, ilcd). |
Minute Entry for proceedings held on 4/5/17 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by Carmen Caruso. Appearance for the Defendants by Michael McIntyre, Lindsay Sadlowski, and Melissa Siebert. Status Conference held. Status of the case discussed. Written discovery is due by 4/28/17. Oral discovery is due by 5/26/17. Case dispositive motions are due by 7/28/17. A further Status Conference is set for 5/15/17 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:02 AM.) (TC, ilcd) |
Filing 53 MEMORANDUM in Support of re #52 MOTION for Protective Order by John Doe #1, TMI Hospitality Inc. (Attachments: #1 Exhibit Declaration of Adam Minton, #2 Exhibit Declaration of Dan Cuffe)(McIntyre, Michael) |
Filing 52 MOTION for Protective Order by Defendants John Doe #1, TMI Hospitality Inc. Responses due by 4/10/2017 (McIntyre, Michael) |
Minute Entry for proceedings held on 1/17/2017 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by Jackie Condella. Appearance for the Defendants by Michael McIntyre and Lindsay Sadlowski. Status Conference held. Status of the case discussed. Further Status Conference set for 4/5/2017 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR:B- 10:26AM.) (JMB, ilcd) |
Filing 51 SCHEDULING ORDER entered by Magistrate Judge Eric I. Long on 10/17/2016. Discovery due by 4/28/2017. Motions due by 6/30/2017. Final Pretrial Conference set for 1/19/2018 at 10:30 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. Jury selection/Jury Trial set for 1/30/2018 at 9:30 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. See written order. (JMB, ilcd) |
Filing 50 NOTICE of Filing of Proposed Scheduling Order (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Sadlowski, Lindsay) |
Filing 49 NOTICE of Appearance of Attorney by Lindsay Potrafke Sadlowski on behalf of John Doe #1 (Sadlowski, Lindsay) |
Filing 48 NOTICE of Appearance of Attorney by Lindsay Potrafke Sadlowski on behalf of Marriott International Inc (Sadlowski, Lindsay) |
Filing 47 NOTICE of Appearance of Attorney by Lindsay Potrafke Sadlowski on behalf of TMI Hospitality Inc (Sadlowski, Lindsay) |
Minute Entry for proceedings held on 10/5/2016 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by Carmen Caruso. Appearance for the Defendant by Lindsey Sadlowski and Melissa Siebert. Status Conference held. Status of the case discussed. Parties to submit propose scheduling order by 10/14/2016. Further Status Conference set for 1/17/2017 at 10:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:56AM.) (JMB, ilcd) |
Minute Entry for proceedings held 9/6/16 before Magistrate Judge Eric I. Long. Appearances on behalf of plaintiff by Jackie Condella and Carmen Caruso; for defendants by Melissa Siebert. Telephone Status Conference held. Status of case and discovery discussed. Status Conference set for 10/5/2016 at 10:45 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. If the parties file a joint proposed scheduling order prior to 10/5/16, the status hearing may be vacated. (Tape #UR-B 1:01 PM.) (SKR, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/1/2016., Status Conference set for 9/6/2016 at 1:00 PM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (JMB, ilcd) |
Minute Entry for proceedings held on 8/12/2016 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by Carmen Caruso and Jackie Condella. Appearance for the Defendants by Melissa Siebert. Status Conference held. Status of the case discussed. Further Status Conference set for 9/6/2016 at 1:00 PM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. (Tape #UR-B:10:01AM.) (JMB, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/10/2016. Plaintiff's Motion to Withdraw #46 is GRANTED. The Court directs the Clerk to remove attorney Erin L. Brechtelsbauer from this case. (Attorney Erin Leigh Brechtelsbauer terminated) (DS, ilcd) |
Filing 46 MOTION to Withdraw as Attorney for Erin Brechtelsbauer by Defendants John Doe #1, Marriott International Inc, TMI Hospitality Inc. Responses due by 6/27/2016 (Brechtelsbauer, Erin) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/4/2016. Plaintiff's Motion to Withdraw Attorney #45 is GRANTED. The Court grants Kristen M. Guralczyk leave to withdraw as counsel for Plaintiff. The Court directs the Clerk to terminate Ms. Guralczyk from this case. (JMB, ilcd) |
Filing 45 MOTION to Withdraw Kristen M. Guralczyk as Attorney by Plaintiff Tashima Little. Responses due by 5/19/2016 (Caruso, Carmen) |
Filing 44 AGREED CONFIDENTIALITY ORDER entered by Magistrate Judge Eric I. Long on 4/21/2016. See written order. (JMB, ilcd) |
Minute Entry for proceedings held on 4/21/2016 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by Jackie Condella. Appearance for the Defendant by Michael McIntyre. Status Conference held. Motion #43 discussed; no objection to the motion. Motion granted. Order to be entered. Status of the case discussed. Further status set for 8/12/2016 at 10:00 a.m. by telephone conference call. (Tape #UR-B: 10:03AM.) (JMB, ilcd) |
Filing 43 Joint MOTION for Order Entry of Agreed Confidentiality Order by Defendants John Doe #1, Marriott International Inc, TMI Hospitality Inc. (Attachments: #1 Text of Proposed Order)(McIntyre, Michael) |
Filing 42 ANSWER to #38 Amended Complaint by TMI Hospitality Inc.(McIntyre, Michael) |
Filing 41 ANSWER to #38 Amended Complaint by John Doe #1.(McIntyre, Michael) |
Filing 40 ANSWER to #38 Amended Complaint by Marriott International Inc.(McIntyre, Michael) |
Filing 39 ORDER entered by Magistrate Judge Eric I. Long on 2/4/2016. For the reasons stated in the record, Plaintiff's Motion to Consolidate #32 is DENIED. See written order. (JMB, ilcd) |
Filing 38 AMENDED COMPLAINT against All Defendants, filed by Tashima Little.(JMB, ilcd) |
Reset Deadlines: John Doe #1 answer due 3/3/2016; Marriott International Inc answer due 3/3/2016; TMI Hospitality Inc answer due 3/3/2016. See text order dated 2/3/2016. (JMB, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/3/2016. Plaintiff's Unopposed Motion to File Instanter a Second Amended Complaint #37 is GRANTED. The Court directs the Clerk to file Plaintiff's Second Amended Complaint [Exhibit 1] instanter. Defendants' deadline to file a response to the Second Amended Complaint is 30 days from the date of this Order. (JMB, ilcd) |
Filing 37 Consent MOTION for Leave to File Instanter Amended Complaint by Plaintiff Tashima Little. Responses due by 2/19/2016 (Caruso, Carmen) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 1/20/2016. This court has carefully reviewed the Amended Complaint #4 and documents filed with regard to Defendants Motions to Dismiss #19 , #21 , and #25 . Following its review, this court concludes that the Motions to Dismiss should be GRANTED in part and DENIED in part. Plaintiff seeks to have Count VII dismissed without prejudice. Therefore, Count VII is dismissed without prejudice. Counts V and VIII are also dismissed as they apply to Defendants TMI Hospitality Inc. and Marriott International Inc. The dismissal is based on the Illinois Workers Compensation Act (IWCA) which clearly "abrogates employer liability for all common law negligence claims." Arnold v. Janssen Pharmaceutical, Inc., 215 F.supp.2d 951, 957 (N.D.Ill. 2002) quoting Walker v. Doctors Hosp., 110 F.Supp.2d 704, 714 (N.D.Ill. 2000). The remaining counts contain "enough facts to state a claim to relief that is plausible on its face." See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). Defendants' arguments related to the IWCA with regard to Counts III, IV, and VI can be raised at a later time. See Arnold, 215 F.Supp.2d at 956-57 (noting that the IWCA provides an affirmative defense and that complaints in federal court need not anticipate or plead around affirmative defenses). In accordance with the foregoing, Defendants' Motions to Dismiss #19 , #21 , and #25 are GRANTED in part and DENIED in part. (JMB, ilcd) |
Filing 36 RESPONSE to Motion re #32 MOTION to Consolidate Cases for Discovery Puropses Only filed by Defendant Marriott International Inc. (McIntyre, Michael) |
Filing 35 RESPONSE to Motion re #32 MOTION to Consolidate Cases for Discovery Puropses Only filed by Defendants John Doe #1, TMI Hospitality Inc. (McIntyre, Michael) |
Filing 34 MINUTES for proceedings held 12/18/15 before Judge Eric I. Long. Appearance for Plaintiff by Carmen Caruso and Jackie Condella. Appearance for Defendants by Melissa Siebert and Michael McIntyre. Rule 16 conference held by personal appearance. Motion #32 discussed; defendant's response forthcoming. Discovery stayed until 1/17/16. Plan approved as modified on the record; dates set. Consent to magistrate judge discussed. ADR options offered, including court-hosted settlement conference. The following discovery deadlines are set: Initial disclosure due by 2/19/16; Amended pleadings due by 8/31/16; Joinder of parties due by 8/31/16; Plaintiff's expert disclosure due by 9/2/16; Plaintiff shall make experts available for deposition by 9/23/16; Defendant's expert disclosure due by 10/21/16; Defendant shall make experts available for deposition by 11/11/16; Discovery due by 12/2/16; Case dispositive motions due by 1/30/17. Final Pretrial Conference is scheduled for 5/26/17 at 11:00 AM before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Selection/Jury Trial is scheduled for 6/13/17 at 9:30 AM before Judge Colin S. Bruce, Courtroom A, Urbana, (10 days). Status Hearing set before Judge Long on 4/21/16 at 10:00 AM by telephone to discuss possible court hosted mediation or summary trial.(Tape #UR-B: 10:33AM.) (JMB, ilcd) |
Filing 33 NOTICE of Appearance of Attorney by Jackie Condella on behalf of Tashima Little (Condella, Jackie) |
Filing 32 MOTION to Consolidate Cases for Discovery Puropses Only by Plaintiff Tashima Little. Responses due by 12/31/2015 (Caruso, Carmen) |
Filing 31 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Tashima Little. (Caruso, Carmen) |
Filing 30 RESPONSE to Motion re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Tashima Little. (Caruso, Carmen) |
Filing 29 RESPONSE to Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Tashima Little. (Caruso, Carmen) |
Filing 28 RESPONSE to Motion re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Tashima Little. (Caruso, Carmen) |
Filing 27 ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 11/18/2015 Rule 16 Scheduling Conference set for 12/18/2015 at 10:30 AM in Courtroom B in Urbana before Judge Eric I Long. (JMB, ilcd) Modified on 11/18/2015 to show the correct Judge associated with the hearing. (JMB, ilcd) |
Reset Hearings: Rule 16 Scheduling Conference set for 12/18/2015 at 10:30 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. This hearing reset to correct the judge associated with the hearing. The time and date remain as previously set in the order dated 11/18/2015. (JMB, ilcd) |
Filing 26 MEMORANDUM re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TMI Hospitality Inc. (Attachments: #1 Text of Proposed Order ORDER GRANTING DEFENDANT TMI HOSPITALITY, INC.S MOTION TO DISMISS PLAINTIFFS COMPLAINT)(McIntyre, Michael) |
Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant TMI Hospitality Inc. Responses due by 12/4/2015 (McIntyre, Michael) |
Filing 24 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by TMI Hospitality Inc. (McIntyre, Michael) |
Filing 23 ANSWER to #4 Amended Complaint by John Doe #1.(McIntyre, Michael) |
Filing 22 MEMORANDUM re #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by John Doe #1. (Attachments: #1 Text of Proposed Order ORDER GRANTING DEFENDANT JOHN DOES MOTION TO DISMISS PLAINTIFFS COMPLAINT)(McIntyre, Michael) |
Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John Doe #1. Responses due by 12/4/2015 (McIntyre, Michael) |
Filing 20 MEMORANDUM re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Marriott International Inc. (Attachments: #1 Text of Proposed Order ORDER GRANTING DEFENDANT MARRIOTT INTERNATIONAL INC.S MOTION TO DISMISS PLAINTIFFS COMPLAINT)(McIntyre, Michael) |
Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Marriott International Inc. Responses due by 12/4/2015 (McIntyre, Michael) |
Filing 18 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Marriott International Inc. (McIntyre, Michael) |
Filing 17 NOTICE of Appearance of Attorney by Erin Leigh Brechtelsbauer on behalf of John Doe #1 (Brechtelsbauer, Erin) |
Filing 16 NOTICE of Appearance of Attorney by Erin Leigh Brechtelsbauer on behalf of Marriott International Inc (Brechtelsbauer, Erin) |
Filing 15 NOTICE of Appearance of Attorney by Erin Leigh Brechtelsbauer on behalf of TMI Hospitality Inc (Brechtelsbauer, Erin) |
Filing 14 NOTICE of Appearance of Attorney by Melissa A Siebert on behalf of John Doe #1 (Siebert, Melissa) |
Filing 13 NOTICE of Appearance of Attorney by Melissa A Siebert on behalf of Marriott International Inc (Siebert, Melissa) |
Filing 12 NOTICE of Appearance of Attorney by Melissa A Siebert on behalf of TMI Hospitality Inc (Siebert, Melissa) |
Filing 11 NOTICE of Appearance of Attorney by Michael Scott McIntyre on behalf of John Doe #1 (McIntyre, Michael) |
Filing 10 NOTICE of Appearance of Attorney by Michael Scott McIntyre on behalf of Marriott International Inc (McIntyre, Michael) |
Filing 9 NOTICE of Appearance of Attorney by Michael Scott McIntyre on behalf of TMI Hospitality Inc (McIntyre, Michael) |
Set Deadlines: John Doe #1 answer due 11/17/2015; Marriott International Inc answer due 11/17/2015; TMI Hospitality Inc answer due 11/17/2015. See d/e [8-1] (JMB, ilcd) |
Filing 8 NOTICE of Filing (Attachments: #1 Exhibit Waivers for TMI, Marriott and John Doe #1)(Caruso, Carmen) |
Filing 7 NOTICE of Appearance of Attorney by Gary D Abrams on behalf of All Plaintiffs (Attachments: #1 certificate)(Abrams, Gary) |
Filing 6 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Marriott International Inc. re: Edward A. Ryan, Executive Vice President and General Counsel on Sept. 18, 2015. (Caruso, Carmen) |
Filing 5 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to TMI Hospitality Inc. re Robert McConn, General Counsel on Sept. 18, 2015. (Caruso, Carmen) |
Filing 4 AMENDED COMPLAINT against All Defendants, filed by Tashima Little.(Caruso, Carmen) |
Filing 3 NOTICE of Appearance of Attorney by Carmen D Caruso on behalf of Tashima Little (Caruso, Carmen) |
Filing 2 *STRICKEN*MOTION for Leave to Appear Counsel Carmen Caruso by Plaintiff Tashima Little. Responses due by 10/5/2015 (Caruso, Carmen) Modified on 9/18/2015 (DS, ilcd). |
TEXT ORDER entered by Judge Colin Stirling Bruce on 9/18/2015. The Motion for Leave to Appear #2 was inadvertently filed. The document has been refiled as a Notice of Appearance of Attorney #3 . Motion #2 is Stricken and terminated at counsel's request. (DS, ilcd) |
Filing 1 COMPLAINT Tashima Little against TMI Hospitality Inc. ( Filing fee $ 400 receipt number 0753-2161464.), filed by Tashima Little. (Attachments: #1 Civil Cover Sheet)(Caruso, Carmen) |
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