Fermazin v. Menard, Inc.
Plaintiff: Rick Fermazin
Defendant: Menard, Inc.
Case Number: 1:2015cv07272
Filed: August 19, 2015
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
County: XX US, Outside the State of IL
Presiding Judge: Jeffrey T Gilbert
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 10, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 10, 2017 Opinion or Order Filing 40 MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of Plaintiff's Notice of Voluntary Dismissal #39 this case is dismissed with prejudice. The motion hearing noticed for 5/17/17 and status hearing set for 5/18/17 are stricken with no appearances required. Civil case terminated. Mailed notice (ber, )
May 8, 2017 Opinion or Order Filing 39 NOTICE of Voluntary Dismissal. (Hall, Brandon) (Docket Text Modified on 5/9/2017 by Clerk's Office) (eaa, ).
April 20, 2017 Opinion or Order Filing 38 ORDER: On 4/18/17, Plaintiff filed a Notice of Voluntary Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1). #37 . Plaintiff stated in the Notice that dismissal was appropriate under that Rule because Defendant has not filed an answer or a motion for summary judgment in this case. The Court disagrees. Under Rule 41(a)(1)(A), a plaintiff may voluntarily dismiss an action without a court order. The Rule provides a plaintiff with two options for doing so. First, if the opposing party has not served an answer or a motion for summary judgment, the plaintiff may file a notice of dismissal. FED. R. CIV. P. 41(a)(1)(A)(i). This seems to be the provision that Plaintiff intended to invoke in this case. But, despite Plaintiff's statement to the contrary, Defendant already has filed an answer. Answer to Complaint #5 ; Initial Status Report #13 at 2 (Defendant filed an Answer to Plaintiff's Complaint.). So that leaves the second option under Rule 41(a)(1)(A). A plaintiff may voluntarily dismiss a case by filing a stipulation of dismissal signed by all parties who have appeared. FED. R. CIV. P. 41(a)(1)(A)(ii). The Notice filed by Plaintiff is signed only by Plaintiff's lawyer. #37 . It is not signed by Defendant or Defendant's lawyer. As such, the Notice does not comply with Rule 41(a)(1). On 4/18/17, the Court set a status hearing for 5/18/17 at 10:00 a.m. #36 . The Court stated that the hearing will be stricken if a stipulation to dismiss is filed before then. Id. Because Plaintiff's Notice does not comply with Rule 41(a)(1)(A), the Court will not now strike that hearing. If the parties file a proper stipulation to dismiss in accordance with Rule 41(a)(1)(A), the Court will strike the hearing and no appearance will be required. It is so ordered. Signed by the Honorable Jeffrey T. Gilbert on 4/20/2017. Mailed notice(ber, )
April 18, 2017 Opinion or Order Filing 37 NOTICE by Plaintiff of Voluntary Dismissal. (Hall, Brandon) (Docket Text Modified on 4/18/2017 by Clerk's Office) (eaa, ).
April 18, 2017 Opinion or Order Filing 36 MINUTE entry before the Honorable Jeffrey T. Gilbert: Counsel notified the Court's courtroom deputy that the parties have resolved the case. Accordingly, the jury trial set for 5/8/17 is stricken. The status hearing set for 4/19/17 is stricken and reset to 5/18/17 at 10:00 a.m. If a stipulation to dismiss is filed before 5/18/17, the status hearing will be stricken with no appearance required. Mailed notice (ber, )
April 11, 2017 Opinion or Order Filing 35 MINUTE entry before the Honorable Jeffrey T. Gilbert: The pretrial conference set for 4/19/17 at 9:30 a.m. is stricken. The parties failed to submit a pretrial order, which was due on 4/5/17 #29 . This case is set for a status hearing on 4/19/17 at 9:30 a.m. for the purpose of setting a new date for the submission of a pretrial order and to discuss whether the trial should proceed on 5/8/17 as currently scheduled. Mailed notice (ber, )
March 31, 2017 Opinion or Order Filing 34 MEMORANDUM Opinion and Order: For the reasons stated in the Court's Memorandum Opinion and Order, Plaintiff's Motions in Limine [ECF No. 31] are granted in part and denied in part, and Defendant's Motions in Limine [ECF No. 32] are granted in part and denied in part. See attached Memorandum Opinion and Order for further details. Signed by the Honorable Jeffrey T. Gilbert on 3/31/2017. Mailed notice (ber, )
March 15, 2017 Opinion or Order Filing 33 RESPONSE by Menard, Inc.in Opposition to MOTION by Plaintiff Rick Fermazinin limine #31 (Frangella, Marilynn)
March 10, 2017 Opinion or Order Filing 32 MOTION by Defendant Menard, Inc.in limine (Attachments: #1 Exhibit Dr. Behl deposition transcript)(Frangella, Marilynn)
March 8, 2017 Opinion or Order Filing 31 MOTION by Plaintiff Rick Fermazinin limine (Hall, Brandon)
February 15, 2017 Opinion or Order Filing 30 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has received the parties' settlement letters. With the agreement of the parties, the status hearing set for 2/16/17 is stricken as settlement does not appear to be a realistic possibility at this time. Mailed notice (ber, )
January 31, 2017 Opinion or Order Filing 29 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 1/31/17 and continued to 2/16/17 at 9:45 a.m. Defendant shall respond to Plaintiff's settlement demand, with a copy delivered to the Court's chambers, on or before 2/14/17. Settlement letters are not to be filed on the CM-ECF system. The Court sets the following trial/pretrial dates: Motions in limine to be filed by 3/8/17. Responses by 3/15/17. Replies shall be filed by 3/22/17. Pretrial order shall be submitted by 4/5/17. Final pretrial conference set for 4/19/17 at 9:30 a.m. One week jury trial set for 5/8/17 at 9:30 a.m. Mailed notice (ber, )
December 15, 2016 Opinion or Order Filing 28 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 12/15/16 and continued to 1/31/17 at 10:15 a.m. The date by which Defendant's expert is to be deposed is extended to 1/31/17 at Defendant's request. Plaintiff will make his expert disclosures under Rule 26(a)(2) by 3/2/17. Defendant does not anticipate deposing Plaintiff's expert if the expert is a previously identified treating physician. The Court will look at its availability for trial and will communicate with counsel concerning proposed dates. Defendant's counsel may appear by telephone for the next status hearing with advance notice to the Court's courtroom deputy. Mailed notice (ber, )
September 27, 2016 Opinion or Order Filing 27 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 9/27/16 and continued to 12/15/16 at 10:00 a.m. Defendant will serve its expert disclosures by 12/7/16. Those experts shall be deposed by 1/6/17. When Defendant makes its expert disclosures it also should inform Plaintiff's counsel of dates that the expert is available for deposition in the event that Plaintiff is going to want to depose the expert. Mailed notice (ber, )
September 7, 2016 Opinion or Order Filing 26 MINUTE entry before the Honorable Jeffrey T. Gilbert: At the parties' request, the status hearing set for 9/20/16 at 10:15 a.m. is stricken and reset to 9/27/16 at 9:45 a.m. Mailed notice (ber, )
August 31, 2016 Opinion or Order Filing 25 MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Court's instance, the status hearing set for 9/28/16 at 10:00 a.m. is reset to 9/20/16 at 10:15 a.m. Mailed notice (ber, )
August 16, 2016 Opinion or Order Filing 24 MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 8/16/16 and continued to 9/28/16 at 10:00 a.m. Plaintiff's settlement letter shall be delivered to Defendant, with a copy delivered to the Court, in chambers, on or before 8/23/16. Defendant's settlement letter shall be delivered to Plaintiff, with a copy delivered to the Court, in chambers, on or before 9/6/16. Settlement letters are not to be filed on the CM-ECF system. Motion hearing held on Plaintiff's Motion for Extension of Time to Complete Discovery #23 . For the reasons stated on the record, Plaintiff's Motion for Extension of Time to Complete Discovery #23 is granted. Fact discovery is extended to 9/15/16. The Court will reset expert discovery dates as necessary at the next status hearing. Mailed notice (ber, )
August 15, 2016 Opinion or Order Filing 23 MOTION by Plaintiff Rick Fermazin for extension of time to complete discovery (Herpy, Jonathan)
August 15, 2016 Opinion or Order Filing 22 affirmative defense by Menard, Inc. (Frangella, Marilynn)
June 14, 2016 Opinion or Order Filing 21 MINUTE entry before the Honorable Jeffrey T. Gilbert: Motion hearing held on Defendant's Motion for Extension of Time to Complete Discovery #15 . Defense counsel appeared. Plaintiff's counsel did not appear. For the reasons stated on the record, Defendant's Motion is granted. Discovery is extended to 8/15/16. The party with the burden of proof makes its expert disclosures under Rule 26(a)(2) by 9/14/16. Those disclosed experts shall be deposed by 10/14/16. The opposing party will serve its expert disclosures by 11/14/16. Those experts shall be deposed by 12/14/16. Status hearing set for 8/16/16 at 10:00 a.m. Mailed notice (ber, )
June 13, 2016 Opinion or Order Filing 20 ATTORNEY Appearance for Defendant Menard, Inc. by William P. Heffernan (Heffernan, William)
June 2, 2016 Opinion or Order Filing 19 MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been reassigned to Magistrate Judge Gilbert. Initial status hearing and motion hearing on Defendant's Motion for Extension of Time to Complete Discovery #15 scheduled for 6/14/16 at 11:00 a.m. An initial status report is not required. Prior to the hearing, however, the parties shall familiarize themselves with the subjects referenced in Magistrate Judge Gilbert's Standing Order for Initial Status Report and his Standing Order for Settlement Conference posted on the Court's website at www.ilnd.uscourts.gov/Judges as applicable to consent cases. Mailed notice (ber, )
May 26, 2016 Opinion or Order Filing 18 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Jeffrey T. Gilbert for all further proceedings.. Signed by Honorable Sara L. Ellis on 5/24/2016. (cc, )
May 6, 2016 Opinion or Order Filing 17 CONSENT to Magistrate Judge Disposition on MOTION by Defendant Menard, Inc. for extension of time to complete discovery #15 (Hall, Brandon)
May 4, 2016 Opinion or Order Filing 16 MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 5/4/2016. Menard, Inc's motion for extension of time to complete discovery #15 is entered and continued. Parties to file joint consent to proceed before Magistrate Judge Gilbert by 5/4/2016. Parties to submit Protective Order Pursuant to HIPAA to Judge Ellis' proposed order email inbox by 5/4/2016. Mailed notice (rj, )
May 3, 2016 Opinion or Order Filing 15 MOTION by Defendant Menard, Inc. for extension of time to complete discovery (Frangella, Marilynn)
October 30, 2015 Opinion or Order Filing 14 NOTICE OF EMAIL NOTIFICATION FAILURE, for document #13 sent to Attorney Brandon Carson Hall returned as: Unknown Address Error. Mailed to attorney Brandon Carson Hall Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at Docketing_ILND@uscourts.gov when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ea, )
October 30, 2015 Opinion or Order Filing 13 STATUS Report by Menard, Inc. (Frangella, Marilynn)
October 28, 2015 Opinion or Order Filing 12 MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 10/28/2015. MOTION by Defendant Menard, Inc. for protective order #7 is granted. Parties are directed to submit a proposed order to the Court's proposed order email box. MOTION by Defendant Menard, Inc. for Entry of Protective Order Pursuant to HIPAA #8 is granted. Parties are directed to submit a redlined and clean copy of the protective order based on the model confidentiality order from the Court's webpage to the Court's proposed order email box. Discovery schedule: 26(a) disclosures due by 1/1/16; written discovery to issue no earlier than 1/1/16; fact discovery closes on 5/2/16 (including medical). Status hearing set for 5/4/2016 at 9:30 AM. Mailed notice (rj, )
October 16, 2015 Opinion or Order Filing 11 MINUTE entry before the Honorable Sara L. Ellis: Status hearing set for 10/20/2015 is stricken and reset to 10/28/2015 at 09:30 AM by agreement of the parties. Mailed notice (rj, )
September 23, 2015 Opinion or Order Filing 10 NOTICE of Motion by Marilynn Frangella for presentment of motion for miscellaneous relief #8 before Honorable Sara L. Ellis on 10/20/2015 at 09:45 AM. (Frangella, Marilynn)
September 23, 2015 Opinion or Order Filing 9 NOTICE of Motion by Marilynn Frangella for presentment of motion for protective order #7 before Honorable Sara L. Ellis on 10/20/2015 at 09:45 AM. (Frangella, Marilynn)
September 23, 2015 Opinion or Order Filing 8 MOTION by Defendant Menard, Inc.for Entry of Protective Order Pursuant to HIPAA (Frangella, Marilynn)
September 23, 2015 Opinion or Order Filing 7 MOTION by Defendant Menard, Inc. for protective order (Frangella, Marilynn)
August 20, 2015 Opinion or Order Filing 6 MINUTE entry before the Honorable Sara L. Ellis: The initial status conference in this matter is set for 10/20/2015 at 9:30AM. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' web site and to submit the required Initial Status Report by 10/13/2015. Mailed notice (rj, )
August 19, 2015 Opinion or Order Filing 5 JURY Demand (Frangella, Marilynn)
August 19, 2015 Opinion or Order Filing 4 ANSWER to Complaint with Jury Demand by Menard, Inc.(Frangella, Marilynn)
August 19, 2015 Opinion or Order Filing 3 ATTORNEY Appearance for Defendant Menard, Inc. by Marilynn Frangella (Frangella, Marilynn)
August 19, 2015 Opinion or Order Filing 2 CIVIL Cover Sheet (Frangella, Marilynn)
August 19, 2015 Opinion or Order Filing 1 NOTICE of Removal from Cook, case number (15 L 7707) filed by Menard, Inc. Filing fee $ 400, receipt number 0752-10988668. (Attachments: #1 Exhibit)(Frangella, Marilynn)
August 19, 2015 Opinion or Order CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (jn, )

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Plaintiff: Rick Fermazin
Represented By: Brandon Carson Hall
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Defendant: Menard, Inc.
Represented By: William P. Heffernan
Represented By: Marilynn Frangella
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