Dana v. Panera Bread Company et al
| Judy Dana |
| Panera Bread Company, Panera Bread and Panera, LLC |
| 1:2013cv04898 |
| July 9, 2013 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Sharon Johnson Coleman |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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| Filing 51 MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to stipulation, this cause is dismissed with prejudice and without costs and shall be a bar to the bringing of any action based on or including a claim for which this action has been brought. This court retains jurisdiction to adjudicate liens and enforce the agreement of the parties. Status hearing set to 4/24/2015 is stricken. Jury trial set to 1/14/2016 is stricken.Civil case terminated. Mailed notice (rth, ) |
| Filing 50 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 3/16/2015 is stricken and reset to 4/24/2015 at 09:00 AM. in light of proceedings before Magistrate Judge Kim. If a stipulation is filed prior to the next date, the status will be stricken.Mailed notice (rth, ) |
| Filing 49 STIPULATION of Dismissal (Engelking, Sandra) |
| Filing 48 MINUTE entry before the Honorable Young B. Kim: The court held a confidential in-chambers meeting with Plaintiff and her counsel to discuss settlement. The parties have reached an agreement. The court urges the parties to file their stipulation to dismiss with the assigned District Judge as soon as possible. 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 (ma,) |
| Filing 47 MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone. Parties are still working to resolve this matter. The court will discuss the matter with the parties separately and confidentially on March 6, 2015, to bring closure to the settlement discussions. Plaintiff is to contact the court by phone at noon on March 6, 2015. The court will then contact Defendant by phone at 12:30 p.m. Mailed notice (ma,) |
| Filing 46 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 2/3/2015. Status hearing set for 3/16/2015 at 09:00 AM. Trial date to stand at this time. If the case settles, parties shall contact the court.Mailed notice (rth, ) |
| Filing 45 MINUTE entry before the Honorable Sharon Johnson Coleman: Judge Coleman sets this case for a Trial Status Call on Tuesday, February 3, 2015 at 10:00 a.m. Please be prepared to discuss the expected length of trial, whether settlement remains a possibility,and any other trial scheduling issues. Status hearing set to 5/8/2015 is stricken. (rth, ) |
| Filing 44 MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to March 3, 2015, at 9:00 a.m. by phone. Plaintiff requires additional time to secure necessary Medicare payoff information before re-engaging in settlement discussions. Parties are to use the same call-in information. Mailed notice (ma,) |
| Filing 43 MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone and continued to January 20, 2015, at 9:30 a.m. by phone. Parties are to use the same call-in information. As discussed during the call, the parties do not object to the court reaching out to the parties separately and confidentially to explore settlement options. Mailed notice (ma,) |
| Filing 42 MINUTE entry before the Honorable Young B. Kim: Status hearing set for 1/8/2015 at 3:00 p.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. This court recognizes that the parties have already explored settlement options at a private mediation session back in September 2014. But, the court would like to discuss with the parties whether another attempt at settlement may be productive. If either side feels that a settlement conference with this court would not be productive, the court will terminate the referral and return the case to the assigned District Judge.Mailed notice (Kim, Young) |
| Filing 41 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 9/29/2014. Status hearing set for 5/8/2015 at 09:00 AM. Jury Trial set for 1/14/2016 at 10:00 AM. Mailed notice (rth, ) |
| Filing 40 ATTORNEY Appearance for Defendants Panera Bread Company, Panera, LLC by Sandra J. Engelking (Engelking, Sandra) |
| Filing 39 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' agreed motion for extension of time for expert discovery #37 is granted. Expert Discovery ordered closed by 11/21/2014. No appearance required on 8/19/2014.Mailed notice (rth, ) |
| Filing 38 NOTICE of Motion by Robert D. Boroff for presentment of motion for extension of time to complete discovery #37 before Honorable Sharon Johnson Coleman on 8/19/2014 at 08:45 AM. (Boroff, Robert) |
| Filing 37 MOTION by Defendants Panera Bread Company, Panera, LLC for extension of time to complete discovery (Attachments: #1 Exhibit A)(Boroff, Robert) |
| Filing 36 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 5/23/2014. Fact Discovery is extended to 6/20/2014 for the witness dealing with the video camera only. Medical discovery due by 9/26/2014. Status hearing set for 9/29/2014 at 09:00 AM.Mailed notice (rth, ) |
| Filing 35 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' agreed motion to clarify and amend the April 1, 2014 order #33 is granted. Minute entry #30 is amended as follows: Defendants' agreed motion for extension of time to complete non-expert fact discovery, excluding treating medical providers #26 , is granted until May 23, 2014. No appearance required on 4/16/2014.Mailed notice (rth, ) |
| Filing 34 NOTICE of Motion by Robert D. Boroff for presentment of motion to amend/correct #33 before Honorable Sharon Johnson Coleman on 4/16/2014 at 08:45 AM. (Boroff, Robert) |
| Filing 33 MOTION by Defendants Panera Bread Company, Panera, LLC to amend/correct April 1, 2014 Minute Entry (Attachments: #1 Exhibit A-B)(Boroff, Robert) |
| Filing 32 MINUTE entry before the Honorable Young B. Kim: Status hearing held. As discussed during today's status hearing, parties should move forward with scheduling oral discovery as quickly as possible while waiting for the subpoenaed medical records. The court will monitor the docket and issue a follow-up order after the parties appear for their status hearing before the assigned District Judge on May 23, 2014. Issues pertaining to discovery disputes should be raised with this court by motion. If the parties are interested in pursuing settlement options, they should jointly contact Courtroom Deputy Michelle Alston by phone at any time for a settlement conference date. Mailed notice (ma,) |
| Filing 31 MINUTE entry before the Honorable Young B. Kim: In light of Defendant's motion for extension of time, (R. 26), and the assigned District Judge's ruling of April 1, 2014, (R. 30), tomorrow's status hearing scheduled for 11:00 a.m. in courtroom 1019 is rescheduled to take place by phone at 9:30 a.m. The conference call number for the telephonic status hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice (ma,) |
| Filing 30 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants' agreed motion for extension of time to complete discovery #26 is granted until 5/23/2014. No appearance required on 4/2/2014.Mailed notice (rth, ) |
| Filing 29 NOTICE by Paul A O'Grady of Change of Address (O'Grady, Paul) |
| Filing 28 NOTICE by Kevin Mark Casey of Change of Address (Casey, Kevin) |
| Filing 27 NOTICE of Motion by Robert D. Boroff for presentment of motion for extension of time to complete discovery #26 before Honorable Sharon Johnson Coleman on 4/2/2014 at 08:45 AM. (Boroff, Robert) |
| Filing 26 MOTION by Defendants Panera Bread Company, Panera, LLC for extension of time to complete discovery Agreed Motion to Amend and Extend the Discovery Schedule (Attachments: #1 Exhibit A)(Boroff, Robert) |
| Filing 25 MINUTE entry before the Honorable Young B. Kim: Status hearing held. Plaintiff reported that she is scheduled to depose two Panera Bread employees on February 21, 2014, and that she anticipates deposing three additional witnesses. Defendants reported that they anticipate deposing three witnesses. As discussed during today's status hearing, the parties should issue subpoenas to third-party witnesses, even if they are cooperating at this time, as soon as possible and then work with them to schedule a mutually convenient dates for their depositions. Parties are reminded that they have until April 18, 2014, to complete all fact discovery. A follow-up status hearing is scheduled for April 3, 2014, at 11:00 a.m. in courtroom 1019 to discuss any outstanding oral discovery issues. Mailed notice (ma,) |
| Filing 24 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 1/10/2014. Status hearing set for 5/23/2014 at 09:00 AM.Mailed notice (rth, ) |
| Filing 23 MINUTE entry before the Honorable Young B. Kim: Defendants' motion to compel #22 is denied without prejudice for the following reasons: First, the motion lacks the requisite notice of presentment. See N.D. ILL. L.R. 5.3(b). Second, Defendants' assertion that Plaintiff failed to provide adequate responses to their interrogatories and requests to produce, (R. 22 at 1), is inconsistent with their previous in-court representation on November 12, 2013, (R. 16). Third, the parties had until September 27, 2013, to serve written discovery requests. However, Defendants allege in their motion that they served Plaintiff with a supplemental set of interrogatories on November 25, 2013. (R. 22 at 3.) However, Defendants did not seek leave of court and the court did not extend the time period for serving written discovery requests in this case. Defendants should re-file their motion to compel but supplement the current version explaining what appears to be an inconsistency between their oral report to the court on November 12, 2013, and the assertion made in the instant motion. Also, Defendants seek for leave---either in the revised motion to compel or as a separate motion---to serve additional written discovery requests with an explanation for their need and the proposed set of supplemental requests. Defendants are not required to re-file exhibits A through E. They may cite to them in the revised motion by the docket number "22-1." Defendants must still deliver a courtesy copy of the exhibits if one has not already been provided to the court. Mailed notice (ma,) |
| Filing 22 MOTION by Defendants Panera Bread Company, Panera, LLC to compel (Attachments: #1 Exhibit Exhibits A through E)(Boroff, Robert) |
| Filing 21 QUALIFIED HIPAA PROTECTIVE Order Signed by the Honorable Young B. Kim on 11/21/2013. (ma,) |
| Filing 20 MINUTE entry before the Honorable Young B. Kim: Defendants' unopposed motion for a protective order #17 is granted. Enter Qualified HIPAA Protective Order. Appearance on November 22, 2013, is not required to present this motion. Mailed notice (ma,) |
| Filing 19 NOTICE of Motion by Robert D. Boroff for presentment of motion for protective order #17 before Honorable Young B. Kim on 11/22/2013 at 11:00 AM. (Boroff, Robert) |
| Filing 18 NOTICE of Motion by Robert D. Boroff for presentment of motion for protective order #17 before Honorable Sharon Johnson Coleman on 11/22/2013 at 11:00 AM. (Boroff, Robert) |
| Filing 17 MOTION by Defendants Panera Bread Company, Panera, LLC for protective order Pursuant to HIPAA (Boroff, Robert) |
| Filing 16 MINUTE entry before Honorable Young B. Kim: Status hearing held. Plaintiff did not appear. Defendant reported that the parties have exchanged written discovery requests and that they have also served their answers to the written discovery requests. There are no disputed issues with the written discovery responses. Parties are permitted to move forward with oral discovery. Defendants are ordered to file a motion for entry of a HIPAA protective order so that they may subpoena the decedent's medical records. A status hearing is scheduled for February 18, 2014, at 11:00 a.m. in courtroom 1019 to discuss the status of oral discovery. Mailed notice (ma,) |
| Filing 15 MINUTE entry before Honorable Young B. Kim: Parties have until September 27, 2013, to serve their written discovery requests and until November 1, 2013, to serve their answers to the written discovery requests. If a modification to this schedule is required, a motion must be filed seeking an extension and explaining the good cause requiring an extension. A status hearing is scheduled for November 12, 2013, at 11:00 a.m. in courtroom 1019. Parties will be expected to report on any written discovery disputes and to identify the individuals to be deposed. If the parties are interested in scheduling a settlement conference with the court, they may call Courtroom Deputy Michelle Alston (312-408-5168) at any time. Mailed notice (ma,) |
| Filing 14 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision, settlement conference.(rth, )Mailed notice. |
| Filing 13 MINUTE entry before Honorable Sharon Johnson Coleman: Status hearing held on 9/16/2013. Rule 26(a)(1) disclosure deadline extended to 9/20/2013. All non-expert fact discovery, excluding treating medical providers, ordered closed by 4/18/2014. Parties must come before this court to extend this date. The court will not set expert dates or deadlines at this time. Status hearing set for 1/10/2014 at 09:00 AM. The case is referred to Magistrate Judge Kim for discovery supervision as well as settlement discussions.Mailed notice (rth, ) |
| Filing 12 REPORT of Rule 26(f) Planning Meeting (Boroff, Robert) |
| Filing 11 ANSWER to Complaint with Jury Demand by Panera Bread Company(Boroff, Robert) |
| Filing 10 ATTORNEY Appearance for Plaintiff Judy Dana by Kevin Mark Casey (Casey, Kevin) |
| Filing 9 ATTORNEY Appearance for Plaintiff Judy Dana by Paul A O'Grady (O'Grady, Paul) |
| Filing 8 MINUTE entry before Honorable Sharon Johnson Coleman: Motion hearing held on 7/17/2013. Defendants' motion for extension of time to answer or otherwise plead #6 is granted. Defendants shall answer by 8/14/2013. Status hearing set for 9/16/2013 at 09:00 AM. Parties shall submit a joint status report by the next status.Mailed notice (rth, ) |
| Filing 7 NOTICE of Motion by Robert D. Boroff for presentment of motion for extension of time to file answer #6 before Honorable Sharon Johnson Coleman on 7/17/2013 at 08:45 AM. (Boroff, Robert) |
| Filing 6 MOTION by Defendants Panera Bread, Panera Bread Company, Panera, LLC for extension of time to file answer (Boroff, Robert) |
| Filing 5 MAILED Notice of Removal letter to counsel of record. (et, ) |
| Filing 4 ATTORNEY Appearance for Defendant Panera Bread Company by Lew Reuben Charles Bricker (Bricker, Lew) |
| Filing 3 ATTORNEY Appearance for Defendant Panera Bread Company by Robert D. Boroff (Boroff, Robert) |
| Filing 2 CIVIL Cover Sheet (Boroff, Robert) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (13 L 005388) filed by Panera Bread Company Filing fee $ 400, receipt number 0752-8519388. (Attachments: #1 Exhibit A-E)(Boroff, Robert) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Young B. Kim. (jn, ) |
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