Chey v. Orbitz Worldwide, Inc. et al
| Timothy Chey |
| Does 1-10, Orbitz Worldwide, Inc. and Air China |
| 1:2013cv08448 |
| November 21, 2013 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Sharon Johnson Coleman |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 54
ORDER of Dismissal with Prejudice Signed by the Honorable Sharon Johnson Coleman on 4/28/2014:Mailed notice(rth, )
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| Filing 53 MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to joint stipulation under pursuant to FRCvP 41(a)(2), all claims, counterclaims and defenses pending between Mr. Chey and Orbitz in this action are dismissed with prejudice and without costs. Enter Order of Dismissal with Prejudice. Status hearing set to 5/19/2014 is hereby stricken. Civil case terminated. Mailed notice (rth, ) |
| Filing 52 STIPULATION of Dismissal with Prejudice [Joint] (Haidostian, Lisa) |
| Filing 51 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 5/19/2014 at 09:30 AM.Mailed notice (rth, ) |
| Filing 50 NOTICE to Court of Pending Motion to Dismiss for Failure to State a Claim by Orbitz Worldwide, Inc. (Haidostian, Lisa) |
| Filing 49 ATTORNEY Appearance for Defendant Orbitz Worldwide, Inc. by Elizabeth Brooke Herrington (Herrington, Elizabeth) |
| Filing 48 ATTORNEY Appearance for Defendant Orbitz Worldwide, Inc. by Lisa Nicole Haidostian (Haidostian, Lisa) |
| Filing 47 MAILED MDL Transfer in letter to all counsel of record. (lcw, ) |
| Filing 46 RECEIVED from Hawaii; Case Number 1:13-cv-00139 . (lcw) |
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Filing 45
ORDER (1) GRANTING DEFENDANT AIR CHINA, LTD'S MOTION TO DISMISS, DOC. NO. #26 ; (2) GRANTING IN PART DEFENDANT ORBITZ WORLDWIDE, INC.'S MOTION TO DISMISS AS TO IMPROPER VENUE, DOC. NO. #28 ; AND (3) TRANSFERRING ACTION TO THE NORTHERN DISTRICT OF ILLINOIS. Signed by JUDGE J. MICHAEL SEABRIGHT on 11/21/2013. [Written Order follows hearing held 10/29/2013. Minutes of hearing: doc no. #39 ] (afc) CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. CASE TO BE ELECTRONICALLY TRANSFERRED TO THE NORTHERN DISTRICT OF ILLINOIS. [Transferred from Hawaii on 11/22/2013.]
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| Case electronically transferred to the the U.S. District Court for the Northern District of Illinois. re: #45 Order. (afc) [Transferred from Hawaii on 11/22/2013.] |
| Filing 44 Declaration of Maureen Davis. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
| ADVISORY ENTRY re: Manner of submission of exhibit as included in docket entry number #42 Declaration of Maureen Davis. Request filing party to refer to Local Rule 100.2.5 "Exhibits." Unless directed to do so by the court, the document need not be refiled. (afc) [Transferred from Hawaii on 11/22/2013.] |
| Filing 43 Declaration re #26 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to State a Claim ;Improper Venue; Lack of Proper Service; Lack of Personal Jurisdiction; . (Savage, Christine) [Transferred from Hawaii on 11/22/2013.] |
| Filing 42 Declaration of Maureen Davis; Exhibit 1; Certificate of Service. (Lang, Adam) Modified on 11/15/2013 (afc). [Transferred from Hawaii on 11/22/2013.] |
| Filing 41 Letter dated November 1, 2013 from Christine E. Savage, Esq. addressed to U.S. District Judge J. Michael Seabright. Letter response on behalf of deft Air China regarding airline ticket purchase. Reference: Minutes of 10/29/2013 hearing on #26 Defendant Air China Inc.'s Motion to Dismiss (Minutes: docket entry no. #39 ). (afc) [Transferred from Hawaii on 11/22/2013.] |
| Filing 40 Letter dated November 1, 2013 from Adam G. Lang, Esq. addressed to U.S. District Judge J. Michael Seabright. Letter response on behalf of deft Orbitz Worldwide Inc. regarding airline ticket purchase. Reference: Minutes of 10/29/2013 hearing on #28 Defendant Orbitz Worldwide Inc.'s Motion to Dismiss (Minutes: docket entry no. #39 ). (afc) [Transferred from Hawaii on 11/22/2013.] |
| Filing 39 EP: Motion hearing held. Arguments heard. Defense counsel to provide a letter to the court by Friday November 1, 2013 with additional information regarding the airline ticket. Defendant Air China's Motion to Dismiss #26 - taken under advisement. Defendant Orbitz Worldwide, Inc.'s Motion to Dismiss for Lack of Jurisdiction, Improper Venue, and Failure to State A Claim #28 - taken under advisement. (Court Reporter Cynthia Fazio.) (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry [Transferred from Hawaii on 11/22/2013.] |
| Filing 38 Motion Hearing set for 10/28/2013 at 10:00am will be held at 10:30 AM before JUDGE J. MICHAEL SEABRIGHT. Mr. Chey to appear by telephone.(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. [Transferred from Hawaii on 11/22/2013.] |
| Filing 37 RESPONSE in Support re #26 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to State a Claim ;Improper Venue; Lack of Proper Service; Lack of Personal Jurisdiction; filed by Air China. (Attachments: #1 Declaration of Christine E. Savage, #2 Exhibit "E", #3 Exhibit "F", #4 Declaration of George Tompkins, Jr., #5 Exhibit "G", #6 Certificate of Service)(Savage, Christine) [Transferred from Hawaii on 11/22/2013.] |
| Filing 36 MEMORANDUM in Support re #28 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State A Claim; ; Certificate of Service filed by Orbitz Worldwide, Inc.. (Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
| Filing 35 Plaintiff's OPPOSITION to #28 Defendant Orbitz's MOTION to Dismiss - filed by Timothy Chey. (Attachments: #1 Declaration of Tim Chey, #2 Declaration of Susan Chey, #3 Exhibit 1, #4 Exhibit 3, #5 Exhibit 4-8, #6 Certificate of Service)(emt, ) [Transferred from Hawaii on 11/22/2013.] |
| Filing 34 Plaintiff's OPPOSITION to #26 Defendant Air China's MOTION to Dismiss - filed by Timothy Chey. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Declaration of Susan Chey, #4 Declaration of Tim Chey, #5 Declaration of Rui Yang, #6 Certificate of Service)(emt, ) [Transferred from Hawaii on 11/22/2013.] |
| Filing 33 STATEMENT of No Position re #28 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State A Claim; Certificate of Service filed by Air China. (Savage, Christine) [Transferred from Hawaii on 11/22/2013.] |
| Filing 32 STATEMENT of No Opposition re #26 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for failure to State a Claim ;Improper Venue; Lack of Proper Service; Lack of Personal Jurisdiction; Certificate of Service filed by Orbitz Worldwide, Inc.. (Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
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Filing 31
Rule 16 SCHEDULING ORDER. Signed by JUDGE KEVIN S.C. CHANG on 7/22/13. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry [Transferred from Hawaii on 11/22/2013.]
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| Filing 30 EP: Rule 16 Scheduling Conference held on 7/19/2013. Jury Selection/Trial set for 09:00 AM on 5/20/2014 before JUDGE J. MICHAEL SEABRIGHT. Final Pretrial Conference set for 4/8/2014 09:00 AM before JUDGE KEVIN S.C. CHANG. Settlement Conference set for 2/13/2014 10:00 AM before JUDGE KEVIN S.C. CHANG. Motions due by 12/18/2013. Discovery due by 3/21/2014. (Court Reporter Courtroom 5-No Record) (JUDGE KEVIN S.C. CHANG)(wnn, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry [Transferred from Hawaii on 11/22/2013.] |
| Filing 29 EO: The hearing on Defendant Orbitz Worldwide, Inc.'s Motion to Dismiss, Doc. No. #28 , will be held on October 28, 2013 at 10:00 a.m. Oppositions are due by September 30, 2013, and a Reply is due by October 7, 2013.(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. [Transferred from Hawaii on 11/22/2013.] |
| Filing 28 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Failure to State A Claim; Adam G Lang appearing for Defendant Orbitz Worldwide, Inc. (Attachments: #1 Table of Contents, #2 Memorandum In Support of Motion, #3 Declaration of Stephen Sedlak, #4 Exhibit A, #5 Certificate of Service)(Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
| Filing 27 EO: A hearing on Defendant Air China's Motion to Dismiss, Doc. No. #26 , will be held on October 28, 2013 at 10:00 a.m. Oppositions are due by September 30, 2013, and a Reply is due by October 7, 2013. (apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. [Transferred from Hawaii on 11/22/2013.] |
| COURT'S CERTIFICATE of Service - a copy of 29 Notice of Hearing on Motion,, has been served by First Class Mail to the addresses of record to: Timothy Chey. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (apg, ) [Transferred from Hawaii on 11/22/2013.] |
| COURT'S CERTIFICATE of Service - a copy of 27 Notice of Hearing on Motion,, has been served by First Class Mail to the addresses of record to: Timothy Chey. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (apg, ) [Transferred from Hawaii on 11/22/2013.] |
| Filing 26 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for failure to State a Claim ;Improper Venue; Lack of Proper Service; Lack of Personal Jurisdiction; Christine E. Savage appearing for Defendant Air China (Attachments: #1 Appendix Table of Contents and Table of Authorities, #2 Memorandum In Support of Motion, #3 Declaration of Rui Yang, #4 Exhibit "A", #5 Exhibit "B", #6 Declaration of Christine E. Savage, #7 Exhibit "C", #8 Exhibit "D", #9 Appendix Certificate of Service)(Savage, Christine) [Transferred from Hawaii on 11/22/2013.] |
| Filing 25 First AMENDED COMPLAINT against Air China, Orbitz Worldwide, Inc., filed by Timothy Chey.(gls, ) [Transferred from Hawaii on 11/22/2013.] |
| Filing 24 EO: Rule 16 Scheduling Conference set 6/24/13 shall be continued to 09:00AM on 7/19/2013 before JUDGE KEVIN S.C. CHANG. (JUDGE KEVIN S.C. CHANG)(sna, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry [Transferred from Hawaii on 11/22/2013.] |
| Filing 23 EO: Pursuant to Document #22 , the Court's Order entered on June 20, 2013, the hearing on Defendant Motion to Dismiss #10 set for July 8, 2013 is hereby vacated. (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry [Transferred from Hawaii on 11/22/2013.] |
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Filing 22
ORDER GRANTING DEFENDANT ORBTIZ WORLDWIDE INC.'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, DOC. NO. 10, WITH LEAVE FOR PLAINTIFF TO FILE AN AMENDED COMPLAINT re #10 . Signed by JUDGE J. MICHAEL SEABRIGHT on 6/20/13. (gls, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry [Transferred from Hawaii on 11/22/2013.]
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| Filing 21 Scheduling Conference Statement ; Certificate of Service. (Savage, Christine) [Transferred from Hawaii on 11/22/2013.] |
| Filing 20 Scheduling Conference Statement . (Attachments: #1 Certificate of Service)(Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
| Filing 19 MEMORANDUM in Support re #10 MOTION to Dismiss for failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction ; Improper Venue; AND Failure to State a Claim filed by Orbitz Worldwide, Inc.. (Attachments: #1 Certificate of Service)(Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
| Filing 18 MEMORANDUM in Opposition re #10 MOTION to Dismiss for failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction ; Improper Venue; filed by Timothy Chey. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4-8, #4 Declaration of Susan Chey, #5 Declaration of Tim Chey, #6 Certificate of Service)(gls, ) [Transferred from Hawaii on 11/22/2013.] |
| Filing 17 REPORT of Planning Meeting . (Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
| Filing 16 EO: re #3 Rule 16 Scheduling Conference set 6/24/13 at 9:00am before Judge Chang. Timothy Chey to participate by phone and notify all parties. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry [Transferred from Hawaii on 11/22/2013.] |
| COURT'S CERTIFICATE of Service - a copy of 15 EO, has been served by First Class Mail to the addresses of record to: Timothy Chey. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (apg, ) [Transferred from Hawaii on 11/22/2013.] |
| Filing 15 EO: On May 13, 2013, Defendant Orbitz Worldwide, Inc. filed a Motion to Dismiss, Doc. No. 10. Plaintiffs Opposition is due by June 10, 2013, and any Reply is due by June 17, 2013. A hearing will be held on July 8, 2013 at 11:00 a.m.. (JUDGE J. MICHAEL SEABRIGHT)(apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry [Transferred from Hawaii on 11/22/2013.] |
| Filing 14 NOTICE of Hearing on Motion #10 MOTION to Dismiss for failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction ; Improper Venue; Motion Hearing set for 7/8/2013 11:00 AM before JUDGE J. MICHAEL SEABRIGHT. (apg, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. [Transferred from Hawaii on 11/22/2013.] |
| Filing 13 NOTICE of Case Reassignment: Please reflect Civil Case Number CIV NO 13-00139 JMS-KSC on all further documents and pleadings. (eps)CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. [Transferred from Hawaii on 11/22/2013.] |
| Filing 12 EO: re #10 Court directs the Clerk's Office to reassign this case to a District Judge. Judge Chang will remain as the Magistrate Judge. (JUDGE KEVIN S.C. CHANG)(sna, )No COS issued for this docket entry [Transferred from Hawaii on 11/22/2013.] |
| Filing 11 Corporate Disclosure Statement by Orbitz Worldwide, Inc.. (Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
| Filing 10 MOTION to Dismiss for failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction ; Improper Venue; Adam G Lang appearing for Defendant Orbitz Worldwide, Inc. (Attachments: #1 Table of Contents, #2 Memorandum In Support of Motion, #3 Declaration of Stephen Sedlak, #4 Exhibit A, #5 Certificate of Service)(Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
| Filing 9 NOTICE of Appearance by Ronald I. Heller on behalf of Orbitz Worldwide, Inc. on behalf of Orbitz Worldwide, Inc.. (Heller, Ronald) [Transferred from Hawaii on 11/22/2013.] |
| Filing 8 NOTICE of Appearance by Adam G Lang on behalf of Orbitz Worldwide, Inc. on behalf of Orbitz Worldwide, Inc.. (Lang, Adam) [Transferred from Hawaii on 11/22/2013.] |
| Filing 7 Corporate Disclosure Statement by Air China identifying Other Affiliate Cathay Pacific Airways for Air China.. (Savage, Christine) [Transferred from Hawaii on 11/22/2013.] |
| Filing 6 Defendant AIR CHINA's ANSWER to #1 Complaint, by Air China.(Savage, Christine) [Transferred from Hawaii on 11/22/2013.] |
| Filing 5 Filing fee: $ 350.00,receipt number HI007387 re #1 Complaint, (ecs, ) [Transferred from Hawaii on 11/22/2013.] |
| Filing 4 NOTICE of ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE re #1 Complaint,. (Attachments: #1 Consent: Election Form)(ecs, ) [Transferred from Hawaii on 11/22/2013.] |
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Filing 3
Order Setting Rule 16 Scheduling Conference for 09:00AM on 6/24/2013 before JUDGE KEVIN S.C. CHANG. Signed by JUDGE SUSAN OKI MOLLWAY on 3/22/2013. (Attachments: #1 Memorandum re: Corporate Disclosure Statements)(ecs). [Transferred from Hawaii on 11/22/2013.]
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| Filing 2 Summons in a Civil Action Issued as to All Defendants. (ecs, ) [Transferred from Hawaii on 11/22/2013.] |
| Filing 1 Timothy Chey's COMPLAINT for Damages against All Defendants 1) Fraud and Deceit 2) Negligence: Breach of Duty of Care 3) Negligent Infliction of Emotional Distress 4) Intentional Misrepresentation 5) Negligent Misrepresentation 6) Breach of Implied Contract , filed by Timothy Chey.(ecs, ) [Transferred from Hawaii on 11/22/2013.] |
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