Allen v. R J Van Drunen & Sons Inc
| TYLISHA ALLEN and Alondra Villagomez Morales |
| R.J. VAN DRUNEN & SONS, INC. and R J Van Drunen & Sons Inc |
| 2:2020cv02106 |
| May 1, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Civil Rights: Other |
| 28 U.S.C. § 1332 Diversity - Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 12/6/2021. Pursuant to Notice of Voluntary Dismissal without Prejudice #36 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.(DS)
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| Filing 36 NOTICE of Voluntary Dismissal by Tylisha Allen. (Wise, Brandon) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/18/2021. Effective 12/1/21, the Court has a new call-in number. For the Status Conference on 12/8/21 at 10:30 AM, the parties should call 551-285-1373, then enter meeting ID 160 924 96574. (DS)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 10/27/2021. The Motion to Withdraw #35 is GRANTED. The Court directs the Clerk to terminate attorney Madeline K. Engel from this case. (DS)
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| Filing 35 MOTION to Withdraw as Attorney (Madeline K. Engel) by Plaintiffs Tylisha Allen, Alondra Villagomez Morales. Responses due by 11/8/2021 (Engel, Madeline) |
| Remark:The 10/14/2021 docket entry was returned as an undeliverable email address as to Takayuki Ono. Attorney Takayuki X Ono email account disabled. (LN) |
| Minute entry for proceedings held on 10/14/21 before Magistrate Judge Eric I. Long. No appearance on behalf of plaintiffs. Appearance on behalf of defendants by Colin Wexler. Status hearing held by telephone. Status of the case and mediation discussed. Further status hearing set for 12/8/21 at 10:30 AM by telephone from Urbana before Magistrate Judge Eric I. Long. Parties should dial 571-353-2300, then enter 068715238# for the call. If the prior conference has not finished, please mute your line while you wait for your case to be called. (Tape #UR-B 10:04 AM.) (DS) |
| Minute entry for proceedings held 7/9/2021 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by Adam Florek and Brandon Wise. Appearance on behalf of defendants by Alexander Wexler. Status hearing held by telephone. Status of the case and mediation discussed. Further status hearing set for 10/14/2021 10:00 AM by telephone from Urbana before Magistrate Judge Eric I. Long. Parties should dial 571-353-2300, then enter 068715238# for the call. If the prior conference has not finished, please mute your line while you wait for your case to be called. (Tape #UR-B 10:18 AM.) (DS) |
| Filing 34 NOTICE of Appearance of Attorney by Adam John Florek on behalf of Tylisha Allen (Florek, Adam) |
| Minute entry for proceedings held 4/12/21 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by Brandon Wise and Adam Florek. Appearance on behalf of defendant by Colin Wexler. Status hearing held by telephone. Status of the case/discovery discussed. No further response needed to Motion to Dismiss #32 as it is fully briefed. Response to motion deadline of 4/19/21 is terminated. Further status hearing set for 7/9/21 at 10:15 AM by telephone from Urbana before Magistrate Judge Eric I. Long. Parties should dial 571-353-2300, then enter 068715238# for the call. If the prior conference has not finished, please mute your line while you wait for your case to be called. (Tape #UR-B 11:02 AM.) (BMG) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/6/2021. Defendant's Motion to Withdraw #33 is GRANTED. Defendant's Motion to Dismiss #31 is WITHDRAWN and DENIED as MOOT. Defendant's Motion to Dismiss #32 remains pending, with Plaintiffs' response due on April 19, 2021. (BMG)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 4/6/2021. This order is entered administratively to moot #31 Motion to Stay pursuant to the Court's previous order. (JMB)
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| Filing 33 MOTION to Withdraw #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IN THE ALTERNATIVE, MOTION to Stay re #13 Amended Complaint PROCEEDINGS (Re-filed Motion to Dismiss per Judge's Request) by Defendant R J Van Drunen & Sons Inc. Responses due by 4/19/2021 (Wexler, Alexander) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (RE_FILED per JUDGE'S REQUEST) by Defendant R J Van Drunen & Sons Inc. Responses due by 4/19/2021 (Attachments: #1 Exhibit A, #2 Exhibit B(part 1), #3 Exhibit B(part 2), #4 Exhibit B(part 3), #5 Exhibit B(part 4), #6 Exhibit B(part 5), #7 Exhibit B(part 6), #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Text of Proposed Order)(Wexler, Alexander) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IN THE ALTERNATIVE,, MOTION to Stay re #13 Amended Complaint PROCEEDINGS (Re-filed Motion to Dismiss per Judge's Request) by Defendant R J Van Drunen & Sons Inc. Responses due by 3/18/2021 (Attachments: #1 Text of Proposed Order)(Wexler, Alexander) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 2/26/2021. Pursuant to Magistrate Judge Long's Minute Entry of 2/25/2021, Defendant has withdrawn its Motion to Dismiss #23 . Plaintiffs' Motion to File Supplemental Authority #29 in opposition to Defendant's dismissal motion is therefore DENIED as MOOT. (DS)
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| Minute entry for proceedings held 2/25/21 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by Brandon Wise. Appearance on behalf of defendants by Colin Wexler. Status hearing held by telephone. Status of the case/discovery discussed. Oral motion by defendant to withdraw Motion #23 with leave to refile in 14 days; granted. Motion #23 is withdrawn. Telephone status hearing before Magistrate Judge Eric I. Long on 4/12/21 at 11:00 AM remains set. Parties should dial 571-353-2300, then enter 068715238# for the call. If the prior conference has not finished, please mute your line while you wait for your case to be called. (Tape #UR-B 11:04 AM.) (DS) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/17/2021. This matter is set for a telephonic status conference at 11:00 AM on 2/25/2021, before Magistrate Judge Eric I. Long. The parties should dial 571-353-2300, then enter 068715238# for the call. If the prior conference has not finished, please mute your line while you wait for your case to be called. (DS, ilcd)
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| Minute entry for proceedings held 2/4/21 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by Brandon Wise. Appearance on behalf of defendant by Colin Wexler. Status hearing held by telephone. Status of the case/discovery discussed. Option for mediation discussed. Further status hearing set for 4/12/21 at 11:00 am by telephone from Urbana before Magistrate Judge Eric I. Long. Parties should dial 571-353-2300, then enter 068715238# for the call. If the prior conference has not finished, please mute your line while you wait for your case to be called. (Tape #UR-B 10:00 AM.) (DS, ilcd) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/1/2021. Counsel should call into the telephone status conference set for 2/4/21 at 10:00 AM by calling 571-353-2300, then enter 068715238#. If the prior conference has not finished, please mute your line while you wait for your case to be called. (DS, ilcd)
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| Minute entry for proceedings held 12/9/20 before Magistrate Judge Eric I. Long. Appearance on behalf of Plaintiff by Brandon Wise. Appearance on behalf of defendant by Colin Wexler. Status hearing held by telephone. Status of the case discussed. Further status hearing set for 2/4/21 at 10:00 am by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B: 10:30AM.) (JMB, ilcd) |
| Filing 30 RESPONSE to Motion re #29 MOTION to Supplement #26 Memorandum in Opposition to Motion/Petition,,, Authority filed by Defendant R J Van Drunen & Sons Inc. (Wexler, Alexander) |
| Minute entry for proceedings held 10/5/2020 before Magistrate Judge Eric I. Long. Appearance on behalf of Plaintiff by Brandon Wise. Appearance on behalf of defendant by Tak Ono. Status hearing held by telephone. Status of the case/discovery discussed. Further status hearing set for 12/9/2020 at 10:30 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:15 AM.) (DS, ilcd) |
| Filing 29 MOTION to Supplement #26 Memorandum in Opposition to Motion/Petition,,, Authority by Plaintiffs Tylisha Allen, Alondra Villagomez Morales. Responses due by 10/9/2020 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Fish, David) |
| Filing 28 REPLY to Response to Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IN THE ALTERNATIVE, MOTION TO STAY PROCEEDINGS ( REPLY IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED CLASS ACTION COMPLAINT ) filed by Defendant R J Van Drunen & Sons Inc. (Wexler, Alexander) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 9/9/2020. Defendant's Motion for Leave to File Reply #27 is GRANTED. Defendant's reply regarding its pending motion to dismiss is due September 24, 2020. (JMB, ilcd)
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| Filing 27 MOTION for Leave to File REPLY TO PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED CLASS ACTION COMPLAINT AND, IN THE ALTERNATIVE, MOTION TO STAY PROCEEDINGS by Defendant R J Van Drunen & Sons Inc. Responses due by 9/18/2020 (Attachments: #1 Text of Proposed Order)(Wexler, Alexander) |
| Filing 26 MEMORANDUM in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IN THE ALTERNATIVE, MOTION TO STAY PROCEEDINGS filed by Plaintiff Tylisha Allen. (Attachments: #1 Exhibit 1 - Woodard, #2 Exhibit 2 - Roach, #3 Exhibit 3 - Chavez, #4 Exhibit 4 - Tims, #5 Exhibit 5 - Troop, #6 Exhibit 6 - Soltysik, #7 Exhibit 7 - Figueroa, #8 Exhibit 8 - Heard, #9 Exhibit 9 - Cortez, #10 Exhibit 10 - Carrasco, #11 Exhibit 11 - Marion, #12 Exhibit 12 - Robertson, #13 Exhibit 13 - Slater (Part 1), #14 Exhibit 13 - Slater (Part 2), #15 Exhibit 13 - Slater (Part 3), #16 Exhibit 13 - Slater (Part 4), #17 Exhibit 14 - Van Jacobs, #18 Exhibit 15 - Treadwell)(Wise, Brandon) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 8/17/2020. Plaintiffs' Motion for Extension of Time #25 is GRANTED. Plaintiffs' response to the pending motion to dismiss is now due August 28, 2020. (JMB, ilcd)
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| Filing 25 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Plaintiff Tylisha Allen. Responses due by 8/28/2020 (Attachments: #1 Text of Proposed Order)(Wise, Brandon) |
| Filing 24 MEMORANDUM in Support re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IN THE ALTERNATIVE, MOTION TO STAY PROCEEDINGS filed by Defendant R J Van Drunen & Sons Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wexler, Alexander) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND IN THE ALTERNATIVE, MOTION TO STAY PROCEEDINGS by Defendant R J Van Drunen & Sons Inc. Responses due by 8/14/2020 (Attachments: #1 Text of Proposed Order)(Wexler, Alexander) |
| Filing 22 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by R J Van Drunen & Sons Inc. (Wexler, Alexander) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 7/9/2020. Defendant's unopposed Motion for Extension of Time #21 is GRANTED. Defendant's deadline to respond to Plaintiff's First Amended Class Action Complaint is extended to 7/31/20.(JMB, ilcd)
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| Filing 21 MOTION for Extension of Time to File Response/Reply as to #13 Amended Complaint (UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADING IN RESPONSE TO PLAINTIFFS' FIRST AMENDED CLASS ACTION COMPLAINT) by Defendant R J Van Drunen & Sons Inc. Responses due by 7/22/2020 (Wexler, Alexander) |
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Filing 20
TEXT ORDER entered by Magistrate Judge Eric I. Long on 7/6/2020. Pursuant to Central District of Illinois Amended General Order 20-01, In Re: COVID-19 Public Emergency, the court hereby vacates the Rule 16 Scheduling Conference set for 7/8/20. The court adopts the deadlines in the Parties' Agreed Report of Rule 26(f) Planning Meeting #10 . The following deadlines are set: initial disclosures due 7/17/20, amended pleadings due 30 days after the Court rules on Plaintiffs Motion for Class Certification; joinder of parties due 10/6/20; the parties deadline to disclose experts and provide expert reports is 5/7/21, the parties shall disclose rebuttal experts and provide rebuttal reports by 6/18/21, the parties shall make experts available for deposition by 8/6/20, discovery closes 3/26/21, case dispositive motions due 9/24/21. Final Pretrial Conference set for 2/7/22 at 10:00 AM before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial set for 2/22/22 at 9:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. The court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are reminded of option of Court sponsored mediation/Settlement Conference. The Court directs the Clerk to provide the parties with a copy of the Court's consent to magistrate judge form. A telephone status conference is set for 10/5/20 at 10:15 AM, before Magistrate Judge Eric I. Long. The Court will initiate the call.(DS, ilcd)
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| Filing 19 NOTICE of Dismissal of Count I Without Prejudice (Wise, Brandon) |
| Filing 18 MOTION to Waive , Joint MOTION to Withdraw #12 Joint MOTION for Hearing (Status) by Plaintiff Tylisha Allen. Responses due by 7/10/2020 (Wise, Brandon) |
| Filing 17 REPORT of Rule 26(f) Planning Meeting by Tylisha Allen. (Wise, Brandon) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 6/26/2020. The parties' Joint Motion to Withdraw Motion for Status #18 is GRANTED. The parties' Joint Motion for Status Hearing #12 is DENIED. Count I of the Amended Complaint #11 is DISMISSED without prejudice. Defendants responsive pleading is due within 14 days. (JMB, ilcd)
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| Filing 16 NOTICE of Appearance of Attorney by David J Fish on behalf of Tylisha Allen (Fish, David) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 6/15/20. The parties' Joint Motion for Status Hearing #12 is currently under advisement by the court. Defendants deadline to respond to Plaintiffs Amended Complaint #11 is extended until 14 days after the court enters its ruling on the parties' Joint Motion for Status Hearing #12 . (TC, ilcd)
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| Filing 15 NOTICE of Appearance of Attorney by Madeline K Engel on behalf of All Plaintiffs (Engel, Madeline) |
| Filing 14 NOTICE of Appearance of Attorney by Alejandro Caffarelli on behalf of All Plaintiffs (Caffarelli, Alejandro) |
| Filing 13 FIRST AMENDED CLASS ACTION COMPLAINT against R J Van Drunen & Sons Inc, filed by Tylisha Allen, Alondra Villagomez Morales.(JMB, ilcd) |
| Filing 12 Joint MOTION for Hearing (Status) by Plaintiff Tylisha Allen. Responses due by 6/23/2020 (Wise, Brandon) |
| Filing 11 AMENDED COMPLAINT against R J Van Drunen & Sons Inc, filed by Tylisha Allen.(Wise, Brandon) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/9/2020. Plaintiff's Consent Motion for Leave to file Amended Complaint #10 is GRANTED. The court directs the Clerk to file Plaintiffs First Amended Class Action Complaint [10-1] instanter. (JMB, ilcd)
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| Filing 10 Consent MOTION for Leave to File First Amended Class Action Complaint by Plaintiff Tylisha Allen. Responses due by 6/22/2020 (Attachments: #1 Exhibit A - Proposed First Amended Class Action Complaint)(Wise, Brandon) |
| Filing 9 NOTICE of Appearance of Attorney by Alexander Colin Wexler on behalf of R J Van Drunen & Sons Inc (Wexler, Alexander) |
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Filing 8
ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 5/6/2020. Rule 16 Scheduling Conference set for 7/8/2020 at 10:45 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written order. (JMB, ilcd)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/6/2020. Defendant's Motion for Extension of Time to Answer #5 is GRANTED. Defendant's deadline to respond to Plaintiff's Complaint is extended to 6/22/20. (JMB, ilcd)
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| Filing 7 NOTICE of Appearance of Attorney by Paul A Lesko on behalf of Tylisha Allen (Lesko, Paul) |
| Filing 6 NOTICE of Appearance of Attorney by Brandon Michael Wise on behalf of Tylisha Allen (Wise, Brandon) |
| Filing 5 MOTION for Extension of Time to File Answer OR OTHERWISE PLEAD TO COMPLAINT (UNOPPOSED) by Defendant R J Van Drunen & Sons Inc. Responses due by 5/19/2020 (Attachments: #1 Text of Proposed Order)(Walther, William) |
| Filing 4 NOTICE of Appearance of Attorney by William Kyle Walther on behalf of R.J. VAN DRUNEN & SONS, INC. (Walther, William) |
| Filing 3 NOTICE of Appearance of Attorney by Takayuki X Ono on behalf of R.J. VAN DRUNEN & SONS, INC. (Ono, Takayuki) |
| Filing 2 NOTICE re CIVIL COVER SHEET re #1 Notice of Removal, (Ono, Takayuki) |
| Filing 1 NOTICE OF REMOVAL from Twenty First Judicial Circuit, Kankakee County, case number 2020L42 (Filing fee $ 400 receipt number 0753-3365016), filed by R.J. VAN DRUNEN & SONS, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ono, Takayuki) |
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