Lee v. Dohrn Transfer Company, LLC
| Tawanna Pietrucha Lee |
| Dohrn Transfer Company, LLC |
| 4:2021cv04040 |
| March 10, 2021 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 32 STIPULATION of Dismissal Joint by Tawanna Pietrucha Lee. (Pietrucha, Cynthia) |
| Remark: Audio recording from Settlement Conference held on 6/15/22 held conventionally in the Clerk's Office vault. (FDS) |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via video conference by Plaintiff Tawanna Pietrucha Lee with her Atty Cynthia Pietrucha and Attys Anne Larson and Suzanne Watson for Settlement Conference held on 6/15/2022. Settlement reached. Parties to file a Stipulation to Dismiss by 8/1/2022. All previously set deadlines and hearings are vacated. (FDS) |
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Settlement Conference is set for 6/15/2022 at 10:00 AM by video before Magistrate Judge Jonathan E. Hawley. Participants can log into the video hearing using the Zoom application or Zoom.com and entering the following Meeting ID: 16009516536. The Court will admit you from the waiting room once the hearing is ready to begin. For those participating by telephone, call (551) 285-1373 and enter the Meeting ID when prompted to do so. Parties to submit directly to chambers a settlement statement stating their position in regard to settlement 3 business days prior to the settlement conference. This shall include history of offers and demands along with a brief statement of position on facts and legal issues. Do not file this statement with the clerk office or exchange with opposing parties. Parties have leave of court to email the statement directly to chambers at hawley@ilcd.uscourts.gov. Entered: 5/31/2022. (WG)
|
|
TEXT ORDER granting #31 Joint Motion for Settlement Conference. Chambers to coordinate an agreeable date for setting a settlement conference with counsel. Entered by Magistrate Judge Jonathan E. Hawley on 5/26/22. (WG)
|
| Filing 31 MOTION for Hearing JOINT MOTION FOR SETTLEMENT CONFERENCE by Plaintiff Tawanna Pietrucha Lee. Responses due by 6/8/2022 (Pietrucha, Cynthia) |
| Filing 30 CERTIFICATE OF SERVICE by Tawanna Pietrucha Lee Plaintiff's Rule 26(a)(1) Disclosures (Pietrucha, Cynthia) |
| TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts in part and denies in part the Discovery Plan #29 . Discovery due by 10/14/2022. Dispositive Motions due by 11/14/2022. Proposed Pretrial Order to be submitted by 2/7/2023. Final Pretrial Conference set for 2/14/2023 at 11:00 AM and Jury Trial set for 3/27/2023 at 9:00 AM, BOTH in Courtroom before Chief Judge Sara Darrow. Rule 16 conference set 5/6/2022 at 10:30 AM is VACATED. The Response and Reply to Motion briefing deadlines will be filed pursuant to Local Rule 7.1(B)(2) and (3) and not adopted as set forth in the motion. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawleys Standing Order that was revised on 4/7/2022. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 5/3/2022. (WG) |
| Filing 29 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Dohrn Transfer Company, LLC. (Watson, Suzanne) |
| Filing 28 NOTICE of Appearance of Attorney by Suzanne M Watson on behalf of Dohrn Transfer Company, LLC (Watson, Suzanne) |
|
Filing 27
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 5/6/22 at 10:30 AM via telephone. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 5/3/22. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 4/5/2022. (WG)
|
| Filing 26 ANSWER to #17 Amended Complaint by Dohrn Transfer Company, LLC.(Larson, Anne) |
|
TEXT ORDER granting #25 Unopposed Motion for Extension of Time to Answer. Dohrn Transfer Company, LLC answer deadline is extended to 4/4/2022. Entered by Magistrate Judge Jonathan E. Hawley on 3/25/22. (WG)
|
| Filing 25 MOTION for Extension of Time to File Answer Unopposed by Defendant Dohrn Transfer Company, LLC. Responses due by 4/7/2022 (Larson, Anne) |
|
Filing 24
ORDER entered by Chief Judge Sara Darrow on March 10, 2022. Defendant Dohrn Transfer Company, LLC's #18 motion to dismiss is DENIED. Dohrn's #22 motion for leave to file a reply is GRANTED. Dohrn's answer is due March 24, 2022. See Fed. R. Civ. P. 12(a)(4)(A). (MLM)
|
|
TEXT ONLY ORDER granting #23 Motion to Withdraw as Attorney. Attorney Melissa Adriana Ortega terminated as counsel in this case. Entered by Magistrate Judge Jonathan E. Hawley on 9/20/21. (WG)
|
| Filing 23 MOTION to Withdraw as Attorney Melissa A. Ortega by Defendant Dohrn Transfer Company, LLC. Responses due by 10/1/2021 (Larson, Anne) |
| Filing 22 MOTION for Leave to File Reply in Support of Defendant's Rule 12(b)(6) Motion to Dismiss (Agreed) by Defendant Dohrn Transfer Company, LLC. Responses due by 9/15/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Larson, Anne) |
| Filing 21 MEMORANDUM in Opposition re #18 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Plaintiff Tawanna Pietrucha Lee. (Pietrucha, Cynthia) |
|
TEXT ORDER entered by Chief Judge Sara Darrow on July 29, 2021. On July 27, 2021, Plaintiff Tawanna Lee filed a #19 motion for an extension of time to file a response to Defendant Dohrn Transfer Company, LLC's ("Dohrn") pending #18 motion to dismiss. Lee asks for her response to be due on August 16, 2021 and indicates Dohrn does not object to her request. Mot. Extension paras. 10-12. She also "requests that [Dohrn's] reply be filed two weeks later on August 30, 2021." Id. para. 12; see also id. at 2 ("[Lee] respectfully requests that her agreed motion be granted and that the Court give [her] until August 16, 2021 to file her Response and [Dohrn] to August 30, 2021 to file its Reply."). The #18 motion to dismiss was filed on July 12, 2021 and Lee's response was due on July 26, 2021. As Lee filed her #19 motion after her deadline to respond had expired, the Court may grant it only if she "failed to act because of excusable neglect." See Fed. R. Civ. P. 6(b)(1)(B) ("When an act may or must be done within a specified time, the court may, for good cause, extend the time... on motion made after the time has expired if the party failed to act because of excusable neglect."). The determination of what amounts to excusable neglect "is at bottom an equitable one," Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. Pship, 507 U.S. 380, 395 (1993), and accordingly, "[t]o find 'excusable neglect,' courts should consider all relevant circumstances surrounding the party's neglect, including the prejudice to the non-movant, length of delay, and reason for delay," see Bowman v. Korte, 962 F.3d 995, 998 (7th Cir. 2020) (citing Pioneer, 507 U.S. at 395). See also Raymond v. Ameritech Corp., 442 F.3d 600, 606 (7th Cir. 2006) (listing the factors to be considered in determining whether there is excusable neglect as: "the danger of prejudice to the [nonmoving party], the length of the delay and its potential impact on judicial proceedings, the reasons for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith" (quotation marks omitted)). However, excusable neglect cannot be found if "no excuse at all is offered or if the excuse is so threadbare as to make the neglect inexplicable." Bowman, 962 F.3d at 995 (quotation marks omitted). In Lee's #19 motion, her counsel, Cynthia Pietrucha, describes turmoil in her career: She was separated from her law firm four days before the #18 motion to dismiss was filed, which refused to give her a client list, cut off access to her law firm e-mail account, disabled her access and login information to legal software, attempted to lure Lee away from her, and sued her for at least tortious interference three days before Lee's response was due. Mot. Extension paras. 4-9. While she does not explain how or why these circumstances negatively affected her ability to draft a response to the #18 motion to dismiss considering she originally represented (and now represents) Lee on her own, they constitute an articulable excuse. And given the length of Lee's delay in responding is short, an extension will have little (if any) impact on the administration of this action, and there is no indication Pietrucha has acted in bad faith or Dohrn has been prejudiced by the delay (indeed, Dohrn consents to Lee's #19 motion), the Court determines the circumstances here support a finding of excusable neglect. Accordingly, Lee's #19 motion is GRANTED to the extent it seeks an extension of her deadline to respond to Dohrn's #18 motion to dismiss to August 16, 2021. However, her #19 motion is DENIED to the extent it seeks leave to allow Dohrn to file a reply by August 30, 2021 because Dohrn must file a motion for leave to file a reply and attach its proposed reply as an exhibit thereto. See CDIL-LR 7.1(B)(3); CDIL-LR 7.1(F). (SV)
|
| Filing 20 NOTICE of Change of Address by Cynthia Nicole Pietrucha (Pietrucha, Cynthia) |
| Filing 19 MOTION for Extension of Time to File Response/Reply as to #18 MOTION to Dismiss Plaintiff's First Amended Complaint (Agreed Motion) by Plaintiff Tawanna Pietrucha Lee. Responses due by 8/10/2021 (Pietrucha, Cynthia) |
| Filing 18 MOTION to Dismiss Plaintiff's First Amended Complaint by Defendant Dohrn Transfer Company, LLC. Responses due by 7/26/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Larson, Anne) |
|
TEXT ORDER finding as moot #16 the Defendant's Rule 12(b)(6) Motion to Dismiss in light of the Plaintiff filing her First Amended Complaint #17 as of right. The Defendant must respond to the First Amended Complaint in accordance with Fed. R. Civ. P. 15(a)(3). See CDIL-LR 7.1(E). Entered by Magistrate Judge Jonathan E. Hawley on 6/29/2021. (KZ)
|
| Filing 17 AMENDED COMPLAINT against Dohrn Transfer Company, LLC, filed by Tawanna Pietrucha Lee.(Pietrucha, Cynthia) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Dohrn Transfer Company, LLC. Responses due by 6/28/2021 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Larson, Anne) |
| Filing 15 NOTICE of Change of Address by Cynthia Nicole Pietrucha (Pietrucha, Cynthia) |
|
TEXT ORDER granting #14 Motion for Extension of Time to Responsively Plead. Defendant Dohrn Transfer Company, LLC responsive pleading due 6/14/2021. Entered by Magistrate Judge Jonathan E. Hawley on 6/4/21. (WG)
|
| Filing 14 MOTION for Extension of Time to File Response/Reply by Defendant Dohrn Transfer Company, LLC. Responses due by 6/14/2021 (Ortega, Melissa) |
| Filing 13 NOTICE of Appearance of Attorney by Melissa Adriana Ortega on behalf of Dohrn Transfer Company, LLC (Ortega, Melissa) |
| Filing 12 NOTICE of Appearance of Attorney by Anne E Larson on behalf of Dohrn Transfer Company, LLC (Larson, Anne) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Tawanna Pietrucha Lee. Dohrn Transfer Company, LLC waiver sent on 4/5/2021, answer due 6/4/2021. (Pietrucha, Cynthia) |
| Filing 10 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Illinois Corporation Service C, Registered Agent on 04/05/2021. (Attachments: #1 Supplement Waiver of the Service of Summons, #2 Supplement USPS Tracking, Request for Waiver of the Service of Summons)(Pietrucha, Cynthia) |
| Filing 9 NOTICE of Appearance of Attorney by Cynthia Nicole Pietrucha on behalf of Tawanna Pietrucha Lee (Pietrucha, Cynthia) |
| Filing 8 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-01153. . |
| Filing 7 TRANSFERRED to the Central District of Illinois, Rock Island Division the electronic record. (ph, ) |
|
Filing 6
ORDER: The Plaintiff's motion #5 to transfer the case to the Central District of Illinois, Rock Island Division, is granted. As previously noted, R. 4, venue does not appear to be proper in the Northern District of Illinois, given that the Plaintiff resides in the Central District of Illinois and the Defendant is located in the Central District of Illinois too. R. 1, paras. 2, 3. The case shall be transferred forthwith. The tracking status hearing of 04/16/2021 is vacated. Signed by the Honorable Edmond E. Chang on 3/10/2021. Mailed notice (ph, )
|
| Filing 5 MOTION by Plaintiff Tawanna Lee to transfer case to Central District of Illinois, Rock Island (Pietrucha, Cynthia) |
| Filing 4 MINUTE entry before the Honorable Edmond E. Chang: On review of the Complaint, it is not clear why venue is proper in the Northern District of Illinois, given that the Plaintiff resides in the Central District of Illinois and the Defendant is located in that other district too. R. 1, paras. 2, 3. In the initial status report, due by 04/06/2021, the Plaintiff shall explain why venue is proper in the Northern District of Illinois. Initial tracking status hearing set for 04/16/2021 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Mailed notice (Attachments: #1 Status Report Requirements) (cn). |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (gw, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Tawanna Lee by Cynthia Nicole Pietrucha (Pietrucha, Cynthia) |
| Filing 2 CIVIL Cover Sheet (Pietrucha, Cynthia) |
| Filing 1 COMPLAINT of Employment Discrimination filed by Tawanna Lee; Jury Demand. Filing fee $ 402, receipt number 0752-17973995. (Attachments: #1 Exhibit A, Sex Discrimination Claims, #2 Exhibit B, Retaliation Claims)(Pietrucha, Cynthia) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Lee v. Dohrn Transfer Company, LLC | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Dohrn Transfer Company, LLC | |
| Represented By: | Anne E Larson |
| Represented By: | Melissa Adriana Ortega |
| Represented By: | Suzanne M Watson |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Tawanna Pietrucha Lee | |
| Represented By: | Cynthia Nicole Pietrucha |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
