Moore v. TMI Hospitality Inc et al
Julie Moore |
John Doe #1, Marriott International Inc and TMI Hospitality Inc |
2:2015cv02219 |
September 28, 2015 |
US District Court for the Central District of Illinois |
Urbana Office |
Kankakee |
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.
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TEXT ORDER DISMISSING CASE Entered by Magistrate Judge Eric I. Long on 5/10/17. Pursuant to Stipulation of Dismissal with Prejudice of Defendants TMI Hospitality Inc. and John Doe #1 #63 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. (SKR, ilcd) |
Filing 63 STIPULATION of Dismissal with Prejudice by John Doe #1, TMI Hospitality Inc. (McIntyre, Michael) |
TEXT ORDER Entered by Magistrate Judge Eric I. Long on 5/9/17. The status conference set for May 15, 2017, at 10:00 AM is RESCHEDULED to May 24, 2017, at 11:00 AM, before Magistrate Judge Eric Long, Urbana, Courtroom B. Plaintiff is to appear in person. Defendant may appear by phone. (SKR, ilcd) |
Filing 62 Mail Returned as Undeliverable- Mail sent to Julie Moore (Moved Left no Address/Unable to Forward), re 5/2/17 text order and order #61 (SKR, ilcd) |
Filing 61 ORDER Entered by Magistrate Judge Eric I. Long on 5/2/17 granting in part and denying in part #52 Motion to Compel. SEE WRITTEN ORDER. (SKR, ilcd) |
TEXT ORDER Entered by Magistrate Judge Eric I. Long on 5/2/17. 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 #60 , 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. (SKR, ilcd) |
Filing 60 NOTICE OF WITHDRAWAL AS CO-COUNSEL (Sadlowski, Lindsay) |
Filing 59 RESPONSE to Motion re #52 MOTION to Compel filed by Plaintiff Julie Moore. (Caruso, Carmen) |
Filing 58 MOTION to Withdraw as Attorney by Plaintiff Julie Moore. Responses due by 5/4/2017 (Abrams, Gary) |
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) |
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) |
Filing 57 MOTION to Withdraw as Attorney by Plaintiff Julie Moore. Responses due by 5/1/2017 (Caruso, Carmen) |
Filing 56 REDACTION to #54 Response to Motion for Protective Order by Julie Moore. (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 Julie Moore. (Caruso, Carmen) |
Filing 54 RESPONSE to Motion re #50 MOTION for Protective Order filed by Plaintiff Julie Moore. (Caruso, Carmen) (Additional attachment(s) added on 4/10/2017: #1 Letter) (SKR, ilcd). |
Filing 53 MEMORANDUM IN SUPPORT OF MOTION TO COMPEL by TMI Hospitality Inc. (Attachments: #1 Exhibit TMI Aug. 26, 2016 Email, #2 Exhibit Moore Amended Responses to TMI RFP, #3 Exhibit TMI and Moore Sept. 26-27, 2016 Emails, pp. 2-4, #4 Exhibit Moores Nov. 14, 2016 Letter, #5 Exhibit TMIs Jan. 13, 2017 Letter, #6 Exhibit Jan. 23, 2017 to Feb. 6, 2017 Emails, p. 2, #7 Exhibit TMI Feb. 10, 2017 Letter)(McIntyre, Michael) |
Filing 52 MOTION to Compel by Defendant TMI Hospitality Inc. Responses due by 4/21/2017 (McIntyre, Michael) |
Minute Entry for proceedings held 4/5/17 before Magistrate Judge Eric I. Long. Appearances on behalf of plaintiff by Carmen Caruso; for defendants by Michael McIntyre, Lindsay Sadlowski and Melissa Seibert. Status Conference held. Status of case discussed. Written Discovery due 4/28/17, oral discovery due 5/26/17, Dispositive motions due 7/28/17. Status Conference set for 5/15/2017 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Dispositive Motions due by 7/28/2017. Other Deadline set for Oral Discovery 5/26/2017.) (Tape #UR-B 10:02 AM.) (SKR, ilcd) Modified on 4/7/2017 to correct typographical error (SKR, ilcd). |
Filing 51 MEMORANDUM in Support of re #50 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 50 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 2/22/17 before Magistrate Judge Eric I. Long. Appearances on behalf of plaintiff by Jackie Condella and Carmen Caruso; for defendants by Scott McIntyre and Lindsey Sadlowski. Status Conference held by telephone. Status of discovery discussed. Defendants' Motion to Compel forthcoming. Plaintiff's response due 7 days following the filing of defendants' Motion to Compel. Status Conference remains 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 10:03 AM.) (SKR, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/16/2017. At the request of the parties, this case is set for a Status Conference on February 22, 2017, at 10:00 A.M. by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. The parties should be prepared to discuss outstanding discovery issues. (KE, ilcd) |
Minute Entry for proceedings held 1/17/17 before Magistrate Judge Eric I. Long. Appearances on behalf of plaintiff by Jackie Condella; for defendants by Michael McIntyre and Lindsay Sadlowski. Telephone Status Conference held. Status of case discussed. 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 10:26 AM.) (SKR, ilcd) |
Filing 49 SCHEDULING ORDER Entered by Magistrate Judge Eric I. Long on 10/17/16. Discovery due by 4/28/2017. Dispositive 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. 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. SEE WRITTEN ORDER. (SKR, ilcd) |
Filing 48 NOTICE of Filing of Proposed Scheduling Order (Attachments: #1 Exhibit A - Proposed Scheduling Order)(Sadlowski, Lindsay) |
Filing 47 NOTICE of Appearance of Attorney by Lindsay Potrafke Sadlowski on behalf of TMI Hospitality Inc (Sadlowski, Lindsay) |
Filing 46 NOTICE of Appearance of Attorney by Lindsay Potrafke Sadlowski on behalf of John Doe #1 (Sadlowski, Lindsay) |
Filing 45 NOTICE of Appearance of Attorney by Lindsay Potrafke Sadlowski on behalf of Marriott International Inc (Sadlowski, Lindsay) |
Filing 44 **STRICKEN** NOTICE of Appearance of Attorney by Lindsay Potrafke Sadlowski on behalf of TMI Hospitality Inc (Sadlowski, Lindsay) Modified on 10/5/16 to show "STRICKEN" as filed in wrong case (TC, ilcd). |
Minute Entry for proceedings held 10/5/16 before Magistrate Judge Eric I. Long. Appearances on behalf of plaintiff by Carmen Caruso; for defendants by Lindsey Sadiowski and Melissa Siebert. Telephone Status Conference held. Status of case discussed. Parties to submit proposed scheduling order by 10/14/16. 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 10:56 AM.) (SKR, ilcd) |
TEXT ORDER STRIKING/VACATING DOCUMENT entered by Magistrate Judge Eric I. Long on 10/5/16 re: #44 Notice of Appearance of Attorney filed by TMI Hospitality Inc as it was filed in the wrong case. (TC, 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) |
Minute Entry for proceedings held 8/12/16 before Magistrate Judge Eric I. Long. Appearances on behalf of plaintiff by Jackie Condella and Carmen Caruso; for defendants by Scott McIntyre and Melissa Siebert. Telephone Status Conference held. Status of case discussed. 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. (Tape #UR-B 10:01 AM.) (SKR, ilcd) |
TEXT ORDER Entered by Magistrate Judge Eric I. Long on 6/10/16. Plaintiff's Motion to Withdraw #43 is GRANTED. The Court directs the Clerk to remove attorney Erin L. Brechtelsbauer from this case. (SKR, ilcd) |
Filing 43 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) |
Filing 42 AGREED CONFIDENTIALITY ORDER entered by Magistrate Judge Eric I. Long on 5/4/2016. Motion for Protective Order #41 is GRANTED. See written Order.(DS, ilcd) |
TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/4/16. Plaintiff's Motion to Withdraw Attorney #40 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. (TC, ilcd) |
Filing 41 Joint MOTION for Protective Order by Defendants John Doe #1, Marriott International Inc, TMI Hospitality Inc. (Attachments: #1 Text of Proposed Order Agreed Confidentiality Order)(McIntyre, Michael) |
Filing 40 MOTION to Withdraw Kristen M. Guralczyk as Attorney by Plaintiff Julie Moore. Responses due by 5/19/2016 (Caruso, Carmen) |
Minute Entry for proceedings held 4/21/16 before Magistrate Judge Eric I. Long. Appearances on behalf of plaintiff by Jackie Condella; for defendants by Scott McIntyre. Telephone Status Conference held. Status of case discussed. Status Conference set for 8/12/2016 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #URB 10:07 AM.) (SKR, ilcd) Modified on 4/25/2016 to correct typographical error (SKR, ilcd). |
Filing 39 ANSWER to #35 Amended Complaint by TMI Hospitality Inc.(McIntyre, Michael) |
Filing 38 ANSWER to #35 Amended Complaint by John Doe #1.(McIntyre, Michael) |
Filing 37 ANSWER to #35 Amended Complaint by Marriott International Inc.(McIntyre, Michael) |
Filing 36 ORDER entered by Magistrate Judge Eric I. Long on 2/3/2016. For the reasons stated in the order, Plaintiff's Motion #27 is DENIED. See written order. (JMB, ilcd) |
Filing 35 AMENDED COMPLAINT against All Defendants, filed by Julie Moore.(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 #34 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) |
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) |
Filing 34 Consent MOTION for Leave to File Instanter An Amended Complaint by Plaintiff Julie Moore. 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 Complaint #1 and documents filed with regard to Defendants' Motions to Dismiss #9 , #11 , and #16 . 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 Illinois Human Rights Act and 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 #9 , #11 , and #16 are GRANTED in part and DENIED in part. (KE, ilcd) Modified on 1/22/2016 to show as text order rather than written order (DS, ilcd). |
Filing 33 RESPONSE to Motion re #27 MOTION to Consolidate Cases for Discovery Puropses Only filed by Defendant Marriott International Inc. (McIntyre, Michael) |
Filing 32 RESPONSE to Motion re #27 MOTION to Consolidate Cases for Discovery Puropses Only filed by Defendants John Doe #1, TMI Hospitality Inc. (McIntyre, Michael) |
Filing 31 Minute Entry for proceedings held 12/18/15 before Magistrate 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 #27 discussed; defendants 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 1/11/16. Final Pretrial Conference set for 5/26/2017 at 11:00 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. Jury Selection/Jury Trial set for 6/13/2017 at 9:30 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. Trial estimated 10 days. Status Conference set for 4/21/2016 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:33 AM.) (SKR, ilcd) |
Filing 30 RESPONSE to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Julie Moore. (Caruso, Carmen) |
Filing 29 RESPONSE to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Julie Moore. (Caruso, Carmen) |
Filing 28 RESPONSE to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Julie Moore. (Caruso, Carmen) |
Filing 27 MOTION to Consolidate Cases for Discovery Puropses Only by Plaintiff Julie Moore. Responses due by 12/31/2015 (Caruso, Carmen) |
Filing 26 NOTICE of Appearance of Attorney by Jackie Condella on behalf of Julie Moore (Condella, Jackie) |
Filing 25 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Julie Moore. (Caruso, Carmen) |
Filing 24 ORDER Entered by Magistrate Judge Eric I. Long on 11/30/15. Rule 16 Scheduling Conference set for 12/18/2015 at 11:00 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. SEE WRITTEN ORDER. (SKR, ilcd) |
Filing 23 NOTICE of Appearance of Attorney by Erin Leigh Brechtelsbauer on behalf of John Doe #1 (Brechtelsbauer, Erin) |
Filing 22 NOTICE of Appearance of Attorney by Erin Leigh Brechtelsbauer on behalf of Marriott International Inc (Brechtelsbauer, Erin) |
Filing 21 NOTICE of Appearance of Attorney by Erin Leigh Brechtelsbauer on behalf of TMI Hospitality Inc (Brechtelsbauer, Erin) |
Filing 20 NOTICE of Appearance of Attorney by Melissa A Siebert on behalf of John Doe #1 (Siebert, Melissa) |
Filing 19 NOTICE of Appearance of Attorney by Melissa A Siebert on behalf of Marriott International Inc (Siebert, Melissa) |
Filing 18 NOTICE of Appearance of Attorney by Melissa A Siebert on behalf of TMI Hospitality Inc (Siebert, Melissa) |
Filing 17 MEMORANDUM re #16 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 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant TMI Hospitality Inc. Responses due by 12/14/2015 (McIntyre, Michael) |
Filing 15 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by TMI Hospitality Inc. (McIntyre, Michael) |
Filing 14 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Marriott International Inc. (McIntyre, Michael) |
Filing 13 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by John Doe #1.(McIntyre, Michael) |
Filing 12 MEMORANDUM re #11 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 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant John Doe #1. Responses due by 12/14/2015 (McIntyre, Michael) |
Filing 10 MEMORANDUM re #9 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 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Marriott International Inc. Responses due by 12/14/2015 (McIntyre, Michael) |
Filing 8 NOTICE of Appearance of Attorney by Michael Scott McIntyre on behalf of John Doe #1 (McIntyre, Michael) |
Filing 7 NOTICE of Appearance of Attorney by Michael Scott McIntyre on behalf of Marriott International Inc (McIntyre, Michael) |
Filing 6 NOTICE of Appearance of Attorney by Michael Scott McIntyre on behalf of TMI Hospitality Inc (McIntyre, Michael) |
Set Answer Deadlines Waivers Executed: John Doe #1 answer due 11/27/2015; Marriott International Inc answer due 11/27/2015; TMI Hospitality Inc answer due 11/27/2015. (KM, ilcd) |
Filing 5 NOTICE of Filing (Attachments: #1 Exhibit Waivers of TMI, Marriott, John Doe #1)(Caruso, Carmen) |
Filing 4 NOTICE of Appearance of Attorney by Carmen D Caruso on behalf of Julie Moore (Caruso, Carmen) |
Filing 3 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to TMI Hospitality Inc. re Robert McConn, General Counsel on Sept. 28, 2015. (Caruso, Carmen) |
Filing 2 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. 28, 2015. (Caruso, Carmen) |
Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0753-2167691.), filed by Julie Moore. (Attachments: #1 Civil Cover Sheet)(Caruso, Carmen) |
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