Banfield v. Spherion Staffing LLC
| Daniel Banfield |
| Spherion Staffing LLC |
| 1:2012cv00874 |
| February 7, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Suzanne B Conlon |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2012. A more recent docket listing may be available from PACER.
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| Filing 45 MINUTE entry before Honorable Suzanne B. Conlon: Parties report case settled. Case is dismissed pursuant to settlement. All pending motions [6,14,16,18 and 38] are moot. Mailed notice (air, ) |
| Filing 44 MINUTE entry before Honorable Suzanne B. Conlon: Plaintiffs motion for leave to file response to motion to dismiss, instanter #38 is taken under advisement. The motion will not be heard as noticed on May 8, 2012. Mailed notice (air, ) |
| Filing 43 SUR-REPLY by Defendant Spherion Staffing LLC. (psm, ) |
| Filing 42 MINUTE entry before Honorable Suzanne B. Conlon: Defendant's motion for leave to file a sur-reply #35 in support of its motion to dismiss is granted. The motion will not be heard as noticed on May 8, 2012.Mailed notice (air, ) |
| Filing 40 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Spherion Staffing LLC (Maatman, Gerald) |
| Filing 39 NOTICE of Motion by James Morris McClintick for presentment of motion to file instanter #38 before Honorable Suzanne B. Conlon on 5/8/2012 at 09:00 AM. (McClintick, James) |
| Filing 38 MOTION by Plaintiff Daniel Banfield to file instanter Plaintiff's Response to Defendant's Motion to Dismiss (Attachments: #1 Exhibit Exhibit A)(McClintick, James) |
| Filing 37 MINUTE entry before Honorable Suzanne B. Conlon:A rule is issued against plaintiff to show written cause by May 15, 2012, why this case should not be dismissed for lack of federal diversity jurisdiction. 28 U.S.C. 1332. The court has an independent duty to ensure subject matter jurisdiction exists. Johnson v. Wattenbarger, 361 F.3d 991, 992 (7th Cir. 2004). For diversity purposes, a limited liability company shares citizenship with each of its members. Wise v. Wachovia Sec., LLC,, 450 F.3d 265, 267 (7th Cir. 2006). The complaint does not identify the members of Spherion Staffing LLC or their citizenship.Mailed notice (air, ) |
| Filing 36 NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion for leave to file #35 before Honorable Suzanne B. Conlon on 5/8/2012 at 09:00 AM. (Maatman, Gerald) |
| Filing 35 MOTION by Defendant Spherion Staffing LLC for leave to file , Instanter, Sur-Reply In Support Of Its Motion Pursuant To Fed. R. Civ. P. 12 and 23 To Dismiss And/Or Strike Plaintiffs Complaint (Attachments: #1 Exhibit A)(Maatman, Gerald) |
| Filing 41 MINUTE entry before Honorable Suzanne B. Conlon: Plaintiff's motion for leave to file supplemental authority instanter #33 is granted. The motion will not be heard as noticed on May 8, 2012.Mailed notice (air, ) |
| Filing 34 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion to supplement #33 before Honorable Suzanne B. Conlon on 5/8/2012 at 09:00 AM. (Barbakoff, Gregg) |
| Filing 33 MOTION by Plaintiff Daniel Banfield to supplement Response in Opposition to Spherion's Motion to Strike and/or Dismiss (Attachments: #1 Exhibit A)(Barbakoff, Gregg) |
| Filing 32 REPLY by Defendant Spherion Staffing LLC to motion to dismiss #18 Reply in Support of Defendant's Motion Pursuant to Fed. R. Civ. P. 12 and 23 to Dismiss and/or Strike Plaintiff''s Complaint (Maatman, Gerald) |
| Filing 31 RESPONSE by Daniel Banfield in Opposition to MOTION by Defendant Spherion Staffing LLC to dismiss and/or Strike Plaintiff's Complaint #18 (Siprut, Joseph) |
| Filing 30 MINUTE entry before Honorable Young B. Kim: Plaintiff's motion for protective order and to compel discovery #22 is denied without prejudice. Plaintiff seeks a protective order to justify his refusal to "return" documents to Defendant that are related to the lawsuit but not the subject of any discovery request. Plaintiff's motion does not invoke a Federal Rule of Civil Procedure that would entitle him to such relief. Federal Rule of Civil Procedure 26 (c)(1) provides that a "party or any person from whom discovery is sought may move for a protective order in the court where the action is pending," but this Rule does not apply here because, as Plaintiff acknowledges, Defendant has not sought the documents in question through discovery. (R. 22, Pl.'s Mot. at 1 ("Spherion has not actually issued any discovery"), 4 ("Spherion has not issued any discovery requests").) To decide whether Plaintiff may withhold the documents sought by Defendant would require this court to rule on the merits of a separate contractual dispute between the parties, which is an issue not properly before this court. This court declines to render such an opinion. Also, Plaintiff's request to compel Defendant to respond to his written discovery requests is, as correctly argued by Defendant, premature. According to the motion, Plaintiff served his written discovery requests on Defendant on March 29, 2012. Pursuant to Rule 33(b)(2), Defendant has until April 28, 2012, to serve its discovery responses. Because the assigned District Judge did not stay discovery in this case pending her ruling on Defendant's motion to dismiss, this time frame still applies in this case. If Defendant believes that it should be excused from answering the outstanding discovery requests until the assigned District Judge rules on the motion to dismiss, which is allegedly dispositive of this entire case, it should move to have discovery stayed as soon as possible. The motion hearing scheduled for April 24, 2012, at 10:30 a.m. is cancelled. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned District Judge. Mailed notice (aac, ) |
| Filing 29 RESPONSE by Spherion Staffing LLCin Opposition to MOTION by Plaintiff Daniel Banfield to strike Defendant's Rule 68 Offer of Judgment #14 (Maatman, Gerald) |
| Filing 28 MINUTE entry before Honorable Young B. Kim: This matter having been assigned to this court, a motion hearing on Plaintiff's motion for a protective order and to compel discovery #22 will be held on April 24, 2012, at 10:30 a.m. in courtroom 1944D. Parties will be expected to argue the motion at that time. Mailed notice (aac, ) |
| Filing 27 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Young B. Kim pursuant to Local Rule 72.1. Signed by Executive Committee on 4/10/12.(psm, ) |
| Filing 26 MINUTE entry before Honorable Suzanne B. Conlon:Plaintiffs motion to strike defendants Rule 68 offer of judgment #14 is taken under advisement. Defendant shall respond by April 17, 2012. Plaintiffs motion for clarification #16 is taken under advisement. Plaintiffs motion for protective order and to compel discovery #22 is referred to Magistrate Judge Kim. Defendants motion for leave to file instanter its response in opposition to plaintiffs motion for protective order and motion to compel #24 is granted. The motions will not be heard as noticed on April 10, 2012. Mailed notice (air, ) |
| Filing 25 NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion to file instanter, #24 before Honorable Suzanne B. Conlon on 4/10/2012 at 09:00 AM. (Maatman, Gerald) |
| Filing 24 MOTION by Defendant Spherion Staffing LLC to file instanter its Response in Opposition to Plaintiff's Motion for Protective Order and Motion to Compel Discovery (Attachments: #1 Exhibit A - Defendant's Response in Opposition to Plaintiff's Motion for Protective Order and Motion to Compel Discovery)(Maatman, Gerald) |
| Filing 23 NOTICE of Motion by Aleksandra M. S. Vold for presentment of motion to compel,, motion for protective order, #22 before Honorable Suzanne B. Conlon on 4/10/2012 at 09:00 AM. (Vold, Aleksandra) |
| Filing 22 MOTION by Plaintiff Daniel Banfield to compel discovery, MOTION by Plaintiff Daniel Banfield for protective order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Vold, Aleksandra) |
| Filing 21 MINUTE entry before Honorable Suzanne B. Conlon: Defendants motion pursuant FRCP 12 and 23 to dismiss and/or strike plaintiffs complaint #18 is taken under advisement. Plaintiff shall respond by 4/23/2012. Defendants reply is due by 4/30/2012. The motion will not be heard as noticed on April 5, 2012. Mailed notice (air, ) |
| Filing 20 MEMORANDUM by Spherion Staffing LLC of Law in support of Defendant's Motion pursuant to Fed. R. Civ. P. 12 and 23 to Dismiss #18 and/or Strike Plaintiff's Complaint (Maatman, Gerald) (Docket Text modified by Clerks' Office.) |
| Filing 19 NOTICE of Motion by Gerald L. Maatman, Jr for presentment of motion to dismiss #18 before Honorable Suzanne B. Conlon on 4/5/2012 at 09:00 AM. (Maatman, Gerald) |
| Filing 18 MOTION by Defendant Spherion Staffing LLC to dismiss and/or Strike Plaintiff's Complaint (Maatman, Gerald) |
| Filing 17 NOTICE of Motion by Aleksandra M. S. Vold for presentment of motion to clarify #16 before Honorable Suzanne B. Conlon on 4/10/2012 at 09:00 AM. (Vold, Aleksandra) |
| Filing 16 MOTION by Plaintiff Daniel Banfield for clarification (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Vold, Aleksandra) (Docket Text modified by Clerks' Office.) |
| Filing 15 NOTICE of Motion by Aleksandra M. S. Vold for presentment of motion to strike #14 before Honorable Suzanne B. Conlon on 4/10/2012 at 09:00 AM. (Vold, Aleksandra) |
| Filing 14 MOTION by Plaintiff Daniel Banfield to strike Defendant's Rule 68 Offer of Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Vold, Aleksandra) |
| Filing 13 MINUTE entry before Honorable Suzanne B. Conlon:Plaintiffs supporting memorandum for class certification #6 is due April 17, 2012. Defendants response due May 18, 2012. Plaintiffs reply is due May 30, 2012.Mailed notice (air, ) ( Modified on 3/28/2012 (air, ). |
| Filing 12 MINUTE entry before Honorable Suzanne B. Conlon: Status hearing held. Parties shall comply with FRCP 26(a)(1) by March 12, 2012. Plaintiffs compliance with FRCP 26(a)(2) by July 6, 2012. Defendants compliance with FRCP 26(a)(2) by August 3, 2012. Discovery cutoff and filing of dispositive motions with supporting memoranda due September 4, 2012. Submission of the joint final pretrial order and agreed pattern jury instructions set on September 25, 2012 at 9:00 a.m.; plaintiffs draft to be submitted to defendant by September 18, 2012. Case is placed on the October TRIAL CALENDAR. THESE ARE FIRM DATES. If a settlement conference before the designated Magistrate Judge will be helpful, please call the courtroom deputy at (312) 435-5596.Mailed notice (air, ) |
| Filing 11 ATTORNEY Appearance for Defendant Spherion Staffing LLC by Matthew James Gagnon (Gagnon, Matthew) |
| Filing 10 ATTORNEY Appearance for Defendant Spherion Staffing LLC by Reema Kapur (Kapur, Reema) |
| Filing 9 ATTORNEY Appearance for Defendant Spherion Staffing LLC by Gerald L. Maatman, Jr (Maatman, Gerald) |
| Filing 8 ATTORNEY Appearance for Plaintiff Daniel Banfield by Aleksandra M. S. Vold (Vold, Aleksandra) |
| Filing 7 ATTORNEY Appearance for Plaintiff Daniel Banfield by James Morris McClintick (McClintick, James) |
| Filing 6 MOTION by Plaintiff Daniel Banfield to certify class (Vold, Aleksandra) |
| Filing 5 MINUTE entry before Honorable Suzanne B. Conlon: Status hearing set for March 5, 2012 at 09:00 A.M. At the status hearing, the parties are to report on the following: 1. Possibility of settlement in the case; 2. If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is directed to advise all other parties of the courts action herein and to forward a copy of the courts procedure guidelines to defendant(s). The standing order on case management procedures is available on the courts website at www.ilnd.uscourts.gov/JUDGE/CONLON/sbcpage.htm or can be picked up from the courtroom deputy in room 1744. Mailed notice (air, ) |
| CASE ASSIGNED to the Honorable Suzanne B. Conlon. Designated as Magistrate Judge the Honorable Young B. Kim. (ef, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Daniel Banfield by Joseph J Siprut (Siprut, Joseph) |
| Filing 3 ATTORNEY Appearance for Plaintiff Daniel Banfield by Gregg Michael Barbakoff (Barbakoff, Gregg) |
| Filing 2 CIVIL Cover Sheet (Barbakoff, Gregg) |
| Filing 1 COMPLAINT filed by Daniel Banfield ; Jury Demand. Filing fee $ 350, receipt number 0752-6816074. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Barbakoff, Gregg) |
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