Shepard v. LifeStation et al
| Shepard and Dorothy Shepard |
| LifeStation, Inc, Nortek Security and Control, Linear LLC and LifeStation Inc |
| 2:2017cv02092 |
| April 14, 2017 |
| US District Court for the Central District of Illinois |
| Urbana Office |
| Coles |
| Colin Stirling Bruce |
| Eric I Long |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 41
ORDER OF DISMISSAL WITH PREJUDICE entered by Magistrate Judge Eric I. Long on 1/18/18. See written Order. (TC, ilcd)
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| Filing 40 STIPULATION of Dismissal by Dorothy Shepard. (Attachments: #1 Text of Proposed Order Order of Dismissal)(Koebele, Jennifer) |
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Filing 39
ORDER FOLLOWING REPORT OF SETTLEMENT entered by Magistrate Judge Eric I. Long on 12/11/17. The parties report the case is settled. All pending motions are terminated and pending deadlines are vacated. The parties to file a stipulation to dismiss within 35-days of this Order. See written Order. (Settlement Papers due by 1/16/18.) (TC, ilcd)
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| Filing 38 NOTICE of Settlement (Koebele, Jennifer) |
| Filing 37 ANSWER to #30 Amended Complaint and Affirmative Defenses by LifeStation Inc.(Jagadich, Adam) |
| Filing 36 ANSWER to #30 Amended Complaint by Nortek Security and Control.(Erickson, James) |
| Filing 35 MEMORANDUM in Support re #34 MOTION for Judgment on the Pleadings on Count I of Plaintiff's First Amended Complaint filed by Defendant LifeStation Inc. (Jagadich, Adam) |
| Filing 34 MOTION for Judgment on the Pleadings on Count I of Plaintiff's First Amended Complaint by Defendant LifeStation Inc. Responses due by 11/8/2017 (Jagadich, Adam) |
| Filing 33 MEMORANDUM in Support re #32 MOTION to Dismiss Count III of Plaintiff's First Amended Complaint filed by Defendant LifeStation Inc. (Jagadich, Adam) |
| Filing 32 MOTION to Dismiss Count III of Plaintiff's First Amended Complaint by Defendant LifeStation Inc. Responses due by 11/8/2017 (Jagadich, Adam) |
| Filing 31 CERTIFICATE of Service. (Koebele, Jennifer) |
| Filing 30 AMENDED COMPLAINT against All Defendants, filed by Dorothy Shepard.(Koebele, Jennifer) |
| Filing 29 NOTICE of Change of Address by Adam J Jagadich (Jagadich, Adam) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/5/17. The court has reviewed Defendant LifeStation's #23 Motion to Reconsider. Defendant LifeStation's #23 Motion to Reconsider is hereby DENIED. (TC, ilcd)
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| Filing 28 NOTICE of Appearance of Attorney by Daniel S Alexander on behalf of LifeStation Inc (Alexander, Daniel) |
| Minute Entry for proceedings held 9/4/17 before Magistrate Judge Eric I. Long. Appearance for Plaintiff by Jennifer Koebele. Appearance for Defendants by Matthew Kelly. Status Conference held by telephone. Status of case discussed. Amended Report of Rule 26(f) Planning Meeting discussed; Court adopts plan and amends dates as follows: Amended Pleadings due by 11/27/17, Joinder of Parties due by 11/27/17. Further Status Conference set for 12/12/17 at 10:45 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. The status conference previously set for 10/3/17 is VACATED. (Tape #UR-B 10:51 AM.) (TC, ilcd) |
| Filing 27 MEMORANDUM in Opposition re #23 MOTION for Reconsideration re Order on Motion to Dismiss, filed by Defendant Nortek Security and Control. (Attachments: #1 Exhibit Agreement, #2 Exhibit Declaration)(Erickson, James) |
| Filing 26 RESPONSE to Motion re #23 MOTION for Reconsideration re Order on Motion to Dismiss, filed by Plaintiff Dorothy Shepard. (Koebele, Jennifer) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 9/8/17. This Court has reviewed the parties' Amendment to the Report of Rule 26(f) Planning Meeting #25 and pursuant to the Text Order scheduling this matter for a status conference by personal appearance on September 14, 2017 at 10:45 A.M., the matter is hereby converted from personal appearance to telephone conference on the same date at the same time. The Court will initiate the call. (TC, ilcd)
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| Filing 25 AMENDED DOCUMENT by LifeStation Inc. Amendment to #15 Report of Rule 26(f) Planning Meeting . (Kelly, Matthew) |
| Filing 24 MEMORANDUM in Support re #23 MOTION for Reconsideration re Order on Motion to Dismiss, filed by Defendant LifeStation Inc. (Attachments: #1 Exhibit Plaintiff's Complaint, #2 Exhibit June 14, 2017 Order, #3 Exhibit Daniel Oppenheim Declaration)(Kelly, Matthew) |
| Filing 23 MOTION for Reconsideration re Order on Motion to Dismiss, by Defendant LifeStation Inc. Responses due by 9/13/2017 (Kelly, Matthew) |
| Filing 22 CERTIFICATE Service of Nortek's Rule 26(a)(1) Initial Disclosure. (Erickson, James) |
| Filing 21 CERTIFICATE of Compliance. (Koebele, Jennifer) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/10/2017. Plaintiff's Motion for Status Hearing #20 is GRANTED. This matter is scheduled for a status conference by personal appearance before U.S. Magistrate Judge Eric I. Long on 9/14/17, at 10:45 A.M., Courtroom B, U.S. Courthouse, 201 South Vine Street, Urbana, Illinois. The parties shall develop a proposed discovery plan which shall be submitted to the Court not less than two days prior to the status conference. If an agreed discovery plan is filed seven days before the hearing, the conference will be AUTOMATICALLY converted to a telephone conference, and the Court will initiate the call. (KE, ilcd)
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| Filing 20 MOTION Status Hearing by Plaintiff Dorothy Shepard. Responses due by 8/23/2017 (Koebele, Jennifer) |
| Filing 19 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Nortek Security and Control. (Erickson, James) |
| Filing 18 MINUTES for proceedings held 7/20/2017 before Judge Eric I. Long. Appearance for Plaintiff by Jennifer Koebele. Appearance for Defendant by Adam Jagadich. Rule 16 conference held by telephone. Plan approved; dates set. Consent to magistrate judge discussed (form attached). ADR options offered, including court-hosted settlement conference. The following discovery deadlines are set: Initial disclosure due by 8/11/2017. Amended pleadings due by 9/27/2017. Joinder of parties due by 9/27/2017. Plaintiff's expert disclosure due by 2/15/2018. Plaintiff shall make experts available for deposition by 3/30/2018. Defendant's expert disclosure due by 5/15/2018. Defendant shall make experts available for deposition by 6/29/2018. Discovery, including deposition of experts, due by 7/31/2018. Case dispositive motions due by 9/14/2018. Final Pretrial Conference is scheduled for 1/11/2019 at 10:30 AM by personal appearance before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial is scheduled for 1/22/2019 at 9:30 AM before Judge Colin S. Bruce, Courtroom A, Urbana (6-8 days). Status Hearing set before Judge Long on 10/3/2017 at 10:15 AM by telephone to discuss possible court hosted mediation or summary trial. (Tape #UR-B 10:30 AM.) (TC, ilcd) |
| Filing 17 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Nortek Security and Control.(Erickson, James) |
| Filing 16 NOTICE of Appearance of Attorney by James Steven Erickson on behalf of Nortek Security and Control (Erickson, James) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 7/14/17. This Court has reviewed the parties' Report of Rule 26(f) Planning Meeting #15 and pursuant to the Order #12 scheduling this matter for a Rule 16 hearing conference by personal appearance on July 20, 2017 at 10:30 A.M., the matter is hereby converted from personal appearance to telephone conference on the same date at the same time. The Court will initiate the call. (TC, ilcd)
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| Filing 15 REPORT of Rule 26(f) Planning Meeting by LifeStation Inc. (Kelly, Matthew) |
| Filing 14 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by LifeStation Inc.(Kelly, Matthew) |
| Filing 13 WAIVER OF SERVICE Returned Executed by Dorothy Shepard. Nortek Security and Control waiver sent on 5/19/2017, answer due 7/18/2017. (Koebele, Jennifer) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 6/14/17. Motion #11 is DENIED (per Text Order entered 6/14/17). (TC, ilcd)
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 6/14/17. The Motion to Dismiss #6 filed by Defendant LifeStation, Inc. is DENIED. This court concludes that, at this stage of the proceedings, Defendant has not shown that dismissal is warranted under 735 Ill. Comp. Stat. 5/2-621. Defendant's #11 Motion for Leave to File a Reply Memorandum is also DENIED. (SKR, ilcd)
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Filing 12
ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 6/12/2017. Rule 16 Scheduling Conference set for 7/20/2017 at 10:30 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written order. (KE, ilcd)
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| Filing 11 MOTION for Leave to File a Reply Memorandum by Defendant LifeStation Inc. Responses due by 6/16/2017 (Kelly, Matthew) |
| Filing 10 MEMORANDUM in Opposition re #6 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Dorothy Shepard. (Attachments: #1 Exhibit Recall Documents, #2 Exhibit Help Button Recall Notice)(Koebele, Jennifer) |
| Filing 9 RESPONSE to Motion re #6 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiff Dorothy Shepard. (Koebele, Jennifer) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Nortek Security and Control a/k/a Linear, LLC, c/o Steve Erickson on May 19, 2017. (Koebele, Jennifer) |
| Filing 7 MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFF'S COMPLAINT re #6 MOTION to Dismiss Plaintiff's Complaint by LifeStation Inc. (Attachments: #1 Exhibit A - Plaintiff's Complaint, #2 Exhibit B - Declaration of Daniel Oppenheim)(Kelly, Matthew) |
| Filing 6 MOTION to Dismiss Plaintiff's Complaint by Defendant LifeStation Inc. Responses due by 5/26/2017 (Kelly, Matthew) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/9/17. Defendant's Amended Notice of Removal #5 adequately alleges diversity jurisdiction. The Court's Order to Show Cause #3 is DISCHARGED. (TC, ilcd)
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| Filing 5 AMENDED DOCUMENT by LifeStation Inc. Amendment to #1 Notice of Removal,, AMENDED NOTICE OF REMOVAL. (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C, #4 Exhibit EXHIBIT D, #5 Exhibit EXHIBIT E, #6 Exhibit EXHIBIT F, #7 Exhibit EXHIBIT G, #8 Exhibit EXHIBIT H, #9 Exhibit EXHIBIT I)(Kelly, Matthew) (Additional attachment(s) added on 5/8/2017: #10 Exhibit) (TC, ilcd). |
| Filing 4 NOTICE of Appearance of Attorney by Adam J Jagadich on behalf of LifeStation Inc (Jagadich, Adam) |
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Filing 3
ORDER TO SHOW CAUSE entered by Magistrate Judge Eric I. Long on 4/17/17. Defendant is ordered to show cause as to why this matter should not be dismissed for want of jurisdiction within 21 days from the entry of this order. See written Order. (Show Cause response due by 5/8/17.) (TC, ilcd)
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| Filing 2 NOTICE of Appearance of Attorney by Matthew Douglas Kelly on behalf of LifeStation, Inc. (Kelly, Matthew) |
| Filing 1 NOTICE OF REMOVAL from Charleston, Coles County, Illinois, case number 2017 L 17 (Filing fee $400 receipt number 0753-2553158), filed by LifeStation, Inc. (Attachments: #1 Exhibit A State Court Complaint, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G Notice of Service Process, #8 Exhibit H)(Kelly, Matthew) (Additional attachment(s) added on 4/17/2017: #9 Civil Cover Sheet) (TC, ilcd). Modified on 4/17/2017 to identify complaint, etc. (TC, ilcd). |
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