Greifenstein v. Estee Lauder, Inc. et al
| Donna Greifenstein |
| Estee Lauder, Inc., The Estee Lauder Corporation, Inc., Origins Natural Resources, Inc., Dillards, Inc., Sephora USA, Inc. and Macy's, Inc. |
| 1:2012cv09235 |
| November 16, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E Chang |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 16, 2013. A more recent docket listing may be available from PACER.
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Filing 52
ENTERED JUDGMENT on 8/16/2013:Mailed notice(slb, )
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Filing 51
MINUTE entry before Honorable Edmond E. Chang: Plaintiff did not file an amended complaint by the 08/15/2013 deadline. Accordingly, as explained in R. 50, the case is dismissed with prejudice. Status hearing of 08/21/2013 is vacated. Civil case terminated. Mailed notice (slb, )
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Filing 50
MEMORANDUM OPINION AND ORDER signed by the Honorable Edmond E. Chang. For the reasons explained in the opinion, Defendants' motion to dismiss #31 is granted, but without prejudice to filing an amended complaint on or before 08/15/2013. If no amended complaint is filed by that date, the dismissal will automatically convert to a dismissal with prejudice. Status hearing of 07/29/2013 is reset to 08/21/2013 at 10 a.m. Mailed notice(slb, )
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Filing 49
MINUTE entry before Honorable Edmond E. Chang: Pursuant to the notice of voluntary dismissal, under Rule 41(a)(1)(A)(i) (no answer or summary-judgment motion was filed), Defendants Macy's Inc., Sephora USA Inc., and Dillard's Inc. are dismissed from the case without prejudice. Motion number 34 is terminated as moot. The motion to dismiss filed by the remaining Defendants #31 is under advisement. Status hearing of 06/03/13 is reset to 07/29/13 at 8:30 a.m. Mailed notice (slb, )
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Filing 48
DECLARATION of Gregory S. Bailey regarding reply #47 in Support of Defendants' Motion to Dismiss the Complaint (Attachments: #1 Exhibit 1)(Bailey, Gregory)
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Filing 47
REPLY by Defendants Estee Lauder, Inc., Origins Natural Resources, Inc., The Estee Lauder Corporation, Inc. to Motion to Dismiss for Failure to State a Claim #31 (Bailey, Gregory)
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Filing 46
NOTICE of Voluntary Dismissal by Donna Greifenstein as to Defendants Macy's Inc., Sephora USA Inc., and Dillard's Inc. (Siprut, Joseph)
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Filing 45
RESPONSE by Donna Greifenstein in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Estee Lauder Companies Inc. (improperly sued as "Estee Lauder Corporation, Inc."), Estee Lauder, Inc., and Origins Natural Resources, Inc. #31 (Siprut, Joseph)
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Filing 44
MINUTE entry before Honorable Edmond E. Chang: Plaintiff's unopposed extension motion #42 is granted: the response to the dismissal motions [31, 34] is due on 03/22/13. The reply brief is due on 04/12/13. Same format and page lengths as noted in the order of 02/01/13, R. 38. Status hearing of 04/22/13 is reset to 06/3/13 at 8:30 a.m. Mailed notice (slb, )
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Filing 43
NOTICE of Motion by Aleksandra M. S. Vold for presentment of extension of time #42 before Honorable Edmond E. Chang on 2/28/2013 at 08:30 AM. (Vold, Aleksandra)
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Filing 42
MOTION by Plaintiff Donna Greifenstein for extension of time (Unopposed) (Vold, Aleksandra)
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Filing 41
ATTORNEY Appearance for Defendants Dillards, Inc., Estee Lauder, Inc., Macy's, Inc., Origins Natural Resources, Inc., Sephora USA, Inc., The Estee Lauder Corporation, Inc. by Limor Robinson (Robinson, Limor)
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Filing 40
ATTORNEY Appearance for Defendants Dillards, Inc., Estee Lauder, Inc., Macy's, Inc., Origins Natural Resources, Inc., Sephora USA, Inc., The Estee Lauder Corporation, Inc. by Kenneth A. Plevan (Plevan, Kenneth)
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Filing 39
MINUTE entry before Honorable Edmond E. Chang:Application by Kenneth A. Plevan and Limor Robinson to appear pro hac vice [26,27] on behalf of defendants is granted. Mailed notice (slb, )
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Filing 38
MINUTE entry before Honorable Edmond E. Chang: On Defendants' motions to dismiss [31, 34], Plaintiff shall respond in one combined response brief on or before 03/01/13(Plaintiff may take 25 pages if necessary). Defendants may reply (combine into one reply brief) on or before 03/15/13. Status hearing of 02/04/13 is reset to 04/22/13 at 8:30 a.m. Mailed notice (slb, )
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Filing 37
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Dillards, Inc. (Bailey, Gregory)
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Filing 36
NOTICE of Motion by Gregory S. Bailey for presentment of Motion to Dismiss for Failure to State a Claim #34 before Honorable Edmond E. Chang on 2/7/2013 at 08:30 AM. (Bailey, Gregory)
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Filing 35
MEMORANDUM by Dillards, Inc., Macy's, Inc., Sephora USA, Inc. in support of Motion to Dismiss for Failure to State a Claim #34 (Bailey, Gregory)
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Filing 34
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Macy's Retail Holdings, Inc. (improperly identified as Macy's, Inc.), Sephora USA, Inc., and Dillard's Inc. (Bailey, Gregory)
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Filing 33
NOTICE of Motion by Gregory S. Bailey for presentment of Motion to Dismiss for Failure to State a Claim #31 before Honorable Edmond E. Chang on 2/7/2013 at 08:30 AM. (Bailey, Gregory)
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Filing 32
MEMORANDUM by Estee Lauder, Inc., Origins Natural Resources, Inc., The Estee Lauder Corporation, Inc. in support of Motion to Dismiss for Failure to State a Claim #31 (Bailey, Gregory)
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Filing 31
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Estee Lauder Companies Inc. (improperly sued as "Estee Lauder Corporation, Inc."), Estee Lauder, Inc., and Origins Natural Resources, Inc. (Bailey, Gregory)
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Filing 30
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Macy's, Inc. (Bailey, Gregory)
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Filing 29
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Sephora USA, Inc. (Bailey, Gregory)
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Filing 28
REPORT of Rule 26(f) Planning Meeting (Siprut, Joseph)
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Filing 27
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7966489. (Plevan, Kenneth)
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Filing 26
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7966386. (Robinson, Limor)
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Filing 25
ATTORNEY Appearance for Defendants Dillards, Inc., Macy's, Inc., Sephora USA, Inc. by Jordan Melissa Palmore (Palmore, Jordan)
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Filing 24
ATTORNEY Appearance for Defendants Dillards, Inc., Macy's, Inc., Sephora USA, Inc. by Gregory S. Bailey (Bailey, Gregory)
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Filing 23
ATTORNEY Appearance for Defendants Dillards, Inc., Macy's, Inc., Sephora USA, Inc. by Edward Michael Crane (Crane, Edward)
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Filing 22
ATTORNEY Appearance for Plaintiff Donna Greifenstein by Tyler Zanders (Zanders, Tyler)
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Filing 21
SUPPLEMENT to complaint #1 (Vold, Aleksandra)
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Filing 20
NOTICE of Correction regarding document number #18 (tmh, )
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Filing 19
SUMMONS Returned Executed by Donna Greifenstein as to Origins Natural Resources, Inc., Dillards, Inc., Estee Lauder, Inc., Macy's Inc., and Sephora USA, Inc. on 11/26/2012, answer due 12/17/2012. (Attachments: #1 Affidavit of Process Server)(Vold, Aleksandra) Modified by Clerk's Office on 12/11/2012 (mgh, ).
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Filing 18
MINUTE entry before Honorable Edmond E. Chang:The Court makes the following jurisdictional inquiry. Plaintiff premises jurisdiction on the Class Action Fairness Act, 28 U.S.C. 1332(d), which permits federal diversity jurisdiction for class actions where diversity is only minimal but the matter in controversy exceeds $5,000,000. Under 1332(d)(2), the Court "shall have original jurisdiction of any civil action in which the matter in controversy exceeds the sum or value of $5,000,000... and is a class action in which.... any member of a class of plaintiffs is a citizen of a State different from any defendant." Although the complaint generally alleges diversity of citizenship, R. 1 at Par. 7, when actually describing the parties, the complaint alleges only that Plaintiff "resides in Arlington Heights, Illinois." R. 1 at Par. 10. Plaintiff has failed to properly allege subject matter jurisdiction because the citizenship of the parties---as distinct from residency---is what matters. Hunter v. Amin, 583 F.3d 486, 491 (7th Cir. 2009). On or before 12/17/12, Plaintiff shall file a supplement to the complaint that alleges Plaintiff's citizenship; there is no need to file a separate amended complaint.Mailed notice (slb, ). Modified on 12/11/2012 (tmh, ).
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Filing 17
MINUTE entry before Honorable Edmond E. Chang: Defendants' agreed extension motion #14 to answer or respond is granted to 01/31/13. This extension applies to all named Defendants, including the Retailer Defendants. Plaintiff shall promptly file on the docket any summons that have been served or any waivers of summons. Status hearing set for 02/04/13 at 9:00 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. In light of Damasco v. Clearwire Corp., 662 F.3d 891, 896 (7th Cir. 2011), Plaintiff has filed a motion for class certification #2 in order to prevent mootness if Defendant(s) were to offer full relief to the named Plaintiff. As the motion recognizes, sufficient discovery on the issue of class certification is not yet complete, and thus the motion is premature for purposes of deciding it. Accordingly, the motion must be entered and continued until ready for decision. Applications[7 and 8] by Eric D. Zard, and Patricia N. Syverson to appear pro hac vice on behalf of the plaintiff are granted. Mailed notice (Attachments: #1 Status Report Requirements) (slb, )
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Filing 16
NOTICE of Motion by Gregory S. Bailey for presentment of motion for extension of time to file answer #14 before Honorable Edmond E. Chang on 12/11/2012 at 08:30 AM. (Bailey, Gregory)
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Filing 15
NOTICE of Motion by Gregory S. Bailey for presentment of motion for extension of time to file answer #14 before Honorable Edmond E. Chang on 12/11/2012 at 09:00 AM. (Bailey, Gregory)
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Filing 14
MOTION by Defendants Estee Lauder, Inc., Origins Natural Resources, Inc., The Estee Lauder Corporation, Inc. for extension of time to file answer or Otherwise Plead (Agreed) (Bailey, Gregory)
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Filing 13
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Estee Lauder, Inc., Origins Natural Resources, Inc., The Estee Lauder Corporation, Inc. (Bailey, Gregory)
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Filing 12
ATTORNEY Appearance for Defendants Estee Lauder, Inc., Origins Natural Resources, Inc., The Estee Lauder Corporation, Inc. by Jordan Melissa Palmore (Palmore, Jordan)
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Filing 11
ATTORNEY Appearance for Defendants Estee Lauder, Inc., Origins Natural Resources, Inc., The Estee Lauder Corporation, Inc. by Gregory S. Bailey (Bailey, Gregory)
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Filing 10
ATTORNEY Appearance for Defendants Estee Lauder, Inc., Origins Natural Resources, Inc., The Estee Lauder Corporation, Inc. by Edward Michael Crane (Crane, Edward)
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Filing 9
ATTORNEY Appearance for Plaintiff Donna Greifenstein by Stewart M. Weltman (Weltman, Stewart)
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Filing 8
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7816807. (Syverson, Patricia)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7816781. (Zard, Eric)
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Filing 6
ATTORNEY Appearance for Plaintiff Donna Greifenstein by Elaine Ryan (Ryan, Elaine)
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SUMMONS Issued as to Defendants Dillards, Inc., Estee Lauder, Inc., Macy's, Inc., Origins Natural Resources, Inc., Sephora USA, Inc. (nsf, )
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (cft, )
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Filing 5
ATTORNEY Appearance for Plaintiff Donna Greifenstein by Aleksandra M. S. Vold (Vold, Aleksandra)
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Filing 4
ATTORNEY Appearance for Plaintiff Donna Greifenstein by Joseph J Siprut (Siprut, Joseph)
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Filing 3
CIVIL Cover Sheet (Siprut, Joseph)
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Filing 2
MOTION by Plaintiff Donna Greifenstein to certify class (Siprut, Joseph)
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Filing 1
COMPLAINT filed by Donna Greifenstein ; Jury Demand. Filing fee $ 350, receipt number 0752-7767462.(Siprut, Joseph)
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