Cameron v. Battery Handling Systems, Inc.
| Kevin Cameron |
| Battery Handling Systems, Inc. |
| 4:2020cv04079 |
| April 1, 2020 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| P.I.: Other |
| 28 U.S.C. ยง 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 10 NOTICE of Filing re #9 Reply to Response to Motion,, (Kupets, David) |
| Filing 9 REPLY to Response to Motion re #5 MOTION to Dismiss Counts III and IV of Plaintiff's Complaint, #8 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss Counts III and IV of Plaintiff's Complaint Plaintiff's Response to Defendant's Rule 12(b)(6) Motion To Dismiss Counts III & IV in Plaintiffs Complaint filed by Plaintiff Kevin Cameron. (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B, #3 Exhibit Ex. C, #4 Exhibit Ex. D)(Kupets, David) |
TEXT ORDER entered by Chief Judge Sara Darrow on April 24, 2020. On April 7, 2020, Defendant submitted a #5 Motion to Dismiss Counts III and IV in Plaintiff's Complaint. Any response to the #5 motion was due April 21, 2020. On April 23, 2020, Plaintiff submitted an #8 Agreed Motion to Extend Date for Plaintiff's Response to Motion to Dismiss where he requests an extension until April 28, 2020 to respond to the #5 motion. The Court interprets Plaintiff's #8 motion as a motion for extension of time filed out of time pursuant to Local Rule 6.1 and Federal Rule of Civil Procedure 6(b). Accordingly, the Court may grant the motion only if Plaintiff "failed to act because of excusable neglect." Fed. R. Civ. P. 6(b)(1)(B). Plaintiff explains that he missed his response deadline because an employee in his attorneys' office was diagnosed with COVID-19 on April 8, 2020 and all staff were subsequently quarantined and unable to access office files until April 22, 2020. The determination of whether a party's neglect is excusable "is at bottom an equitable one, taking account of all relevant circumstances surrounding the party's omission." Raymond v. Ameritech Corp., 442 F.3d 600, 606 (7th Cir. 2006) (quotation marks omitted). Factors to be considered in determining whether there is excusable neglect include: the danger of prejudice to the nonmoving party, the length of the delay and its impact on judicial proceedings, the reason for the delay (and whether it was within the control of the moving party), and the moving party's good faith. Id. On balance, the circumstances favor granting the extension. Defendant has agreed to the extension and the delay will be minimal. Moreover, the Court has not expended resources on this case, which is still in its early stages, and the reason for delay was not within Plaintiff's control. Finally, no bad faith is apparent. Therefore, the #8 motion is GRANTED. Plaintiff may file a response to the #5 motion by April 28, 2020.(GS, ilcd)
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| Filing 8 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Dismiss Counts III and IV of Plaintiff's Complaint by Plaintiff Kevin Cameron. Responses due by 5/7/2020 (Kupets, David) |
| Filing 7 NOTICE of Appearance of Attorney by David J Kupets on behalf of Kevin Cameron (Kupets, David) |
| Filing 6 NOTICE of Appearance of Attorney by Dennis J DeCaro on behalf of Kevin Cameron (DeCaro, Dennis) |
| Filing 5 MOTION to Dismiss Counts III and IV of Plaintiff's Complaint by Defendant Battery Handling Systems, Inc.. Responses due by 4/21/2020 (Attachments: #1 Exhibit)(Gonzalez, Dawn) |
| Filing 4 Exhibit re #1 Notice of Removal, Rule 7.1 Corporate Disclosure Statement by Battery Handling Systems, Inc.. (Gonzalez, Dawn) |
| Filing 3 NOTICE of Appearance of Attorney by Matthew Burn Stephens on behalf of Battery Handling Systems, Inc. (Stephens, Matthew) |
| Filing 2 NOTICE of Appearance of Attorney by Dawn M Gonzalez on behalf of Battery Handling Systems, Inc. (Gonzalez, Dawn) |
| Filing 1 NOTICE OF REMOVAL from Fourteenth Judicial Circuit, case number 2020 L 0028n (Filing fee $ 400 receipt number 0753-3342182), filed by Battery Handling Systems, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Civil Cover Sheet)(Gonzalez, Dawn) |
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| Defendant: Battery Handling Systems, Inc. | |
| Represented By: | Matthew Burn Stephens |
| Represented By: | Dawn M Gonzalez |
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| Plaintiff: Kevin Cameron | |
| Represented By: | David J Kupets |
| Represented By: | Dennis J DeCaro |
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