Ford v. Dong et al
| Janet Ford |
| Jin Dong and Angel AI Inc. |
| 3:2020cv03169 |
| June 29, 2020 |
| US District Court for the Central District of Illinois |
| Karen L McNaught |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| Both |
Docket Report
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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Sue E. Myerscough on 1/23/2023: Plaintiff Janet Ford has filed a Motion to Dismiss (d/e #26 ). The Motion states that "the parties have settled" this matter "and have entered into a settlement agreement" while requesting that this action be "dismissed at this time." Federal Rule of Civil Procedure 41(a)(1)(A)(ii) states that a plaintiff "may dismiss an action without a court order by filing... a stipulation of dismissal signed by all parties who have appeared." All parties, through their respective representatives, have signed the filed Motion, which the Court construes as a stipulation under Rule 41(a)(1)(A)(ii). This case has, accordingly, been dismissed with prejudice. Each party is to bear costs as agreed in their settlement agreement. All pending deadlines and settings are vacated. No judgment to enter. This case is closed. (HS)
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| Filing 26 MOTION to Dismiss by Plaintiff Janet Ford. Responses due by 2/2/2023 (Segatto, Bernard) |
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TEXT ORDER: Before the Court is Plaintiff Janet Ford's Motion to Dismiss (d/e #24 ). Plaintiff states that the parties have settled the case "such that the Complaint may be dismissed at this time." Under Federal Rule of Civil Procedure 41(a)(1), a Plaintiff may voluntarily dismiss an action without court order by filing either "(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties who have appeared." Under Rule 41(a)(2), an action may be dismissed at the plaintiff's request by court order "on terms that the court considers proper." Plaintiff's Motion does not comply with Rule 41. While both Defendant Dong and Defendant Angel AI, Inc. are named in Plaintiff's Complaint, Plaintiff's Motion lists only Angel AI, Inc. in the caption and the Motion is silent as to Plaintiff's claims against Defendant Jin Dong. Further, to comply with Rule 41(a)(2), Plaintiff must present terms of dismissal which the Court may consider proper. The Motion is silent as to such terms. To comply with Rule 41(a)(1), all defendants who have either answered or filed motions for summary judgment must sign any stipulation of dismissal. Here, neither Defendant has signed the filed Motion to Dismiss despite each serving their respective Answers on June 29, 2020. Accordingly, Plaintiff's Motion to Dismiss (d/e #24 ) is DENIED. Entered by Judge Sue E. Myerscough on 1/9/2023. (HS)
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| Filing 25 NOTICE of proposed Order re #24 MOTION to Dismiss (Segatto, Bernard) |
| Filing 24 MOTION to Dismiss by Plaintiff Janet Ford. Responses due by 1/20/2023 (Segatto, Bernard) |
| Minute Entry for proceedings held before Magistrate Judge Karen L. McNaught: Telephonic Status Conference held on 8/23/2022 with attorneys Bernard Segatto on behalf of Plaintiff and Michael Cerulo on behalf of Defendants. Discussion held regarding discovery status. Joint Motion to Amend Scheduling Order #22 is granted in part. Modified Scheduling Order to be entered. Parties are reminded of their option to consent to proceed before a U.S. Magistrate Judge and are to advise the Court if a settlement conference is needed. (MJC) |
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TEXT ORDER by U S Magistrate Judge Karen McNaught: Status conference set for 8/24/2022 is RESCHEDULED in time only to 8/24/2022 at 11:00 a.m. Entered by Magistrate Judge Karen L. McNaught on 8/23/2022. (MAS)
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| Filing 23 Consent MOTION to Continue Status Conference by Defendants Angel AI Inc., Jin Dong. Responses due by 8/17/2022 (Cerulo, Michael) |
| TEXT ORDER by U.S. Magistrate Judge Karen McNaught: Defendants' Motion to Continue the August 4, 2022, Status Conference #23 is ALLOWED for the reasons stated in the unopposed motion. The telephonic status conference currently scheduled on 8/4/2022 is CONTINUED to 8/24/2022 at 10:00 a.m. The Court will initiate the call. Entered on 8/3/2022. (ME) |
| Filing 22 Joint MOTION to Amend/Correct Order on Motion to Amend/Correct,,,,,,,,,, Set/Reset Scheduling Order Deadlines,,,,, Terminate Deadlines and Hearings,,,, by Defendants Angel AI Inc., Jin Dong. Responses due by 8/16/2022 (Attachments: #1 Text of Proposed Order Amended Scheduling Order)(Cerulo, Michael) |
| Set/Reset Deadlines/Hearings: Status Conference reset to correct judge entry on the calendar. All hearings remain as previously scheduled. (LN) |
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on April 11, 2022. Due to Magistrate Judge Tom Schanzle-Haskins's retirement, this case is reassigned to Magistrate Judge Karen L. McNaught for further proceedings.(LN)
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 3/31/22. The Joint Revised Motion to Amend Scheduling Order #21 is GRANTED. The following deadlines are set: Plaintiff's expert disclosure due by 5/27/2022; Plaintiff to make its experts available for deposition by 7/15/22, Defendant's expert disclosure due by 8/26/2022; Defendant to make its experts available for deposition by 10/28/22, all discovery due by 10/3/2022; dispositive motions due by 1/13/23. Final Pretrial Conference set 2/6/22 is CANCELLED and reset 6/5/2023 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 2/21/22 is CANCELLED and reset 6/20/2023 at 9:00 AM in Courtroom 1 in Springfield before Judge Myerscough. This case remains set for a telephone status call for 8/4/2022, at 10:00 AM (court will place call) before U.S. Magistrate Judge. Parties should dial 551-285-1373, then enter meeting ID 160 924 96574 for the call. (SKR) Modified on 3/31/2022 to add Judge Long call information (SKR).
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| Filing 21 Joint MOTION to Amend/Correct Order on Motion to Amend/Correct,,,, Set/Reset Scheduling Order Deadlines,,, by Defendants Angel AI Inc., Jin Dong. Responses due by 4/12/2022 (Attachments: #1 Text of Proposed Order Joint Proposed Discovery Plan)(Cerulo, Michael) |
| Filing 20 CERTIFICATE OF SERVICE by Janet Ford (Segatto, Bernard) |
| Filing 19 CERTIFICATE OF SERVICE by Janet Ford (Segatto, Bernard) |
| TEXT ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Revised Motion to Amend Scheduling Order #18 is ALLOWED. REVISED SETTINGS AND DEADLINES ENTERED AS FOLLOWS: Plaintiff`s Expert Disclosure due by 1/28/2022; Defendant`s Expert Disclosure due by 4/29/2022; All Discovery due by 8/4/2022; Dispositive Motions due by 9/16/2022. Final Pretrial Conference set 9/2/2022 is CANCELLED and reset 2/6/2023 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 9/20/2022 is CANCELLED and reset 2/21/2023 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set 4/4/2022 is CANCELLED and reset Thursday, 8/4/2022, at 10:00 AM (court will place call) before U.S. Magistrate Judge. (LB) |
| Filing 18 Joint MOTION to Amend/Correct Order on Motion to Amend/Correct,,, Set/Reset Scheduling Order Deadlines,, by Defendants Angel AI Inc., Jin Dong. Responses due by 10/7/2021 (Attachments: #1 Text of Proposed Order Joint Proposed Discovery Plan)(Cerulo, Michael) |
| TEXT ORDER by US Magistrate Judge Tom Schanzle-Haskins. The Joint Motion to Amend Scheduling Order #17 (Motion) is DENIED with leave to refile. The Motion refers to a Scheduling Order entered on 7/15/2021. No scheduling order was entered on that date and no amendment to the scheduling order was entered on that date. The Motion incorrectly states the current scheduled dates for the pretrial conference and trial setting as 1/31/2022 and 2/15/2022 respectively (collectively Erroneous Dates). The actual dates for the pretrial conference and trial are 9/2/2022 and 9/20/2022 respectively. Text Order entered 7/20/2021. Given these errors, the Court is uncertain whether the parties' proposed amendment to the schedule is based on the Erroneous Dates and is also incorrect. The parties have leave to refile a corrected Motion. (LB) |
| Filing 17 Joint MOTION to Amend/Correct Order on Motion to Amend/Correct,,, Set/Reset Scheduling Order Deadlines,, by Defendants Angel AI Inc., Jin Dong. Responses due by 9/27/2021 (Attachments: #1 Text of Proposed Order Joint Proposed Scheduling Plan)(Cerulo, Michael) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion to Amend Scheduling Order #16 is ALLOWED. REVISED SETTINGS AND DEADLINES ENTERED AS FOLLOWS: Plaintiff`s Expert Disclosures due by 9/30/2021; Defendant`s Expert Disclosures due by 12/30/2021; All Discovery due by 4/4/2022; Dispositive Motions due by 5/18/2022. Final Pretrial Conference set 7/1/2022 is CANCELLED and reset 9/2/2022 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 7/19/2022 is CANCELLED and reset 9/20/2022 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set 2/4/2022 is CANCELLED and reset Monday, 4/4/2022, at 10:30 AM (court will place call) before U.S. Magistrate Judge. (LB) |
| Filing 16 Joint MOTION to Amend/Correct Order on Motion to Amend/Correct,,,, Set/Reset Scheduling Order Deadlines,,, by Plaintiff Janet Ford. Responses due by 7/29/2021 (Segatto, Bernard) |
| Filing 15 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Janet Ford. (Segatto, Bernard) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion to Amend Scheduling Order #14 is ALLOWED. REVISED SETTINGS AND DEADLINES ENTERED AS FOLLOWS: Plaintiff`s Expert Disclosure due by 7/30/2021; Defendant`s Expert Disclosure due by 10/29/2021; Discovery due by 2/4/2022; Dispositive Motions due by 3/18/2022. Final Pretrial Conference set 5/2/2022 is CANCELLED and reset 7/1/2022 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 5/17/2022 is CANCELLED and reset 7/19/2022 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set 12/3/2021 is CANCELLED and reset Friday, 2/4/2022, at 10:00 AM (court will place call) before Magistrate Judge Schanzle-Haskins. (LB) |
| Filing 14 Joint MOTION to Amend/Correct Order on Motion to Amend/Correct,,,, Set/Reset Scheduling Order Deadlines,,,, Terminate Deadlines and Hearings,,, by Defendants Angel AI Inc., Jin Dong. Responses due by 6/10/2021 (Attachments: #1 Text of Proposed Order)(Cerulo, Michael) |
| Filing 13 Joint MOTION to Amend/Correct #9 Scheduling Order,,, by Defendants Angel AI Inc., Jin Dong. Responses due by 3/11/2021 (Attachments: #1 Text of Proposed Order Amended Joint Proposed Scheduling Plan)(Cerulo, Michael) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion to Amend Scheduling Order #13 is ALLOWED. REVISED SETTINGS AND DEADLINES ENTERED AS FOLLOWS: Plaintiff`s Expert Disclosures due by 5/31/2021; Defendant`s Expert Disclosures due by 9/2/2021; All Discovery due by 12/3/2021; Dispositive Motions due by 1/14/2022. Final Pretrial Conference set 1/31/2022 is CANCELLED and reset 5/2/2022 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 2/15/2022 is CANCELLED and reset 5/17/2022 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set 9/3/2021 is CANCELLED and reset Friday, 12/3/2021, at 10:00 AM (court will place call) before Magistrate Judge Schanzle-Haskins. (LB) |
| Filing 12 CERTIFICATE OF SERVICE by Janet Ford (Segatto, Bernard) |
| Filing 11 CERTIFICATE OF SERVICE by Angel AI Inc., Jin Dong (Cerulo, Michael) |
| Filing 10 NOTICE OF CERTIFICATE OF SERVICE AND FILING (Segatto, Bernard) |
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Filing 9
SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 10/2/2020; Joinder of Parties due by 11/2/2020; Amended Pleadings due by 11/2/2020; Plaintiff`s Expert Disclosure due by 3/1/2021; Defendant`s Expert Disclosure due by 6/4/2021; All Discovery due by 9/3/2021; Dispositive Motions due by 10/1/2021. Final Pretrial Conference set 1/31/2022 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 2/15/2022 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set Friday, 9/3/2021, at 10:00 AM (court will place call) before Magistrate Judge Schanzle-Haskins. See written order. (Attachments: #(1) Mediation Memo, #(2) Courtroom Technology Brochure) (LB, ilcd)
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| Filing 8 MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Telephonic Rule 16 Scheduling Conference held on 8/21/2020 with Attorneys Bernard Segatto, Matthew Cate, and Michael Cerulo. Written Scheduling Order to follow. Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached form. (Attachment: #(1) Form) (LB, ilcd) |
| Filing 7 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Angel AI Inc., Jin Dong. (Cerulo, Michael) |
| NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Friday, 8/21/2020, at 9:00 AM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 8/19/2020. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(F) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd) |
| Filing 6 NOTICE of Appearance of Attorney by Matthew J Cate on behalf of Janet Ford (Cate, Matthew) |
| Filing 5 NOTICE of Appearance of Attorney by Bernard G Segatto, III on behalf of Janet Ford (Segatto, Bernard) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Notice of Removal filed 6/29/2020 reviewed. Plaintiff is given to 7/29/2020 to file objections and a motion to remand. Failure to do so is deemed to mean Plaintiff has no legal opposition to removal and this case may proceed in this court. (LB, ilcd) |
| Filing 4 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Jin Dong.(Cerulo, Michael) |
| Filing 3 ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Angel AI Inc..(Cerulo, Michael) |
| Filing 2 NOTICE of Appearance of Attorney by Michael D Cerulo on behalf of Angel AI Inc., Jin Dong (Cerulo, Michael) |
| Filing 1 NOTICE OF REMOVAL from Sangamon County, case number 2020L 000075 (Filing fee $ 400 receipt number 0753-3411047), filed by Angel AI Inc., Jin Dong. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 State Court Notice)(Cerulo, Michael) |
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