Ryan v. Kohl's Corporation et al
| Jean Ryan |
| Kohl's Corporation and Kohl's Department Stores, Inc. |
| 1:2017cv05854 |
| August 11, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Manish S Shah |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| Plaintiff |
Docket Report
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| Filing 81 MINUTE entry before the Honorable Manish S. Shah: Pursuant to the stipulation of dismissal #80 , this case is dismissed with prejudice. Civil case terminated. Notices mailed. (psm, ) |
| Filing 80 STIPULATION of Dismissal Joint Stipulation of Dismissal (Sender, Jennifer) |
| Filing 79 MINUTE entry before the Honorable Manish S. Shah: The parties advise the court they have reached a settlement. The injunctive relief hearing on 4/17/19 is stricken. A status hearing is set for 4/25/19 at 9:30 a.m. If a stipulation of dismissal is filed in advance of that date, then no appearance is necessary. Notices mailed. (psm, ) |
| Filing 78 TRANSCRIPT OF PROCEEDINGS held on 02/15/19 before the Honorable Manish S. Shah. Order Number: 33745. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/12/2019. Redacted Transcript Deadline set for 3/22/2019. Release of Transcript Restriction set for 5/20/2019. (Conway, Colleen) |
| Filing 77 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. An in-court hearing regarding injunctive relief is set for 4/17/19 at 11:00 a.m. The parties shall contact the courtroom deputy if they reach a settlement. Notices mailed. (psm, ) |
| Filing 76 MINUTE entry before the Honorable Manish S. Shah: At the parties' request, the status hearing on 2/8/19 is stricken and reset to 2/15/19 at 9:30 a.m. Notices mailed. (psm, ) |
| Filing 75 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. The parties report that they are evaluating a global settlement. Status hearing set for 2/8/19 at 9:30 a.m. Mailed notice (cn). |
| Filing 74 MINUTE entry before the Honorable Manish S. Shah: At the parties' request, and in order to accommodate the settlement conference schedule, the status hearing on 12/18/18 is stricken and reset to 1/25/19 at 9:30 a.m. Notices mailed. (psm, ) |
| Filing 73 MINUTE entry before the Honorable Manish S. Shah: At the parties' request, and in order to allow time for settlement discussions, the status hearing on 11/9/18 is stricken and reset to 12/18/18 at 9:30 a.m. Notices mailed. (psm, ) |
| Filing 72 MINUTE entry before the Honorable Manish S. Shah: Status hearing held and continued to 11/9/18 at 9:30 a.m. Notices mailed. (psm, ) |
| Filing 71 MEMORANDUM Opinion and Order. Ryan's motion for summary judgment, #38 , is granted. Kohl's motion for summary judgment, #21 , is granted in part, denied in part. [For further detail see attached order.] A status hearing is set for 10/11/18 at 9:30 a.m. The Clerk is directed to unseal docket entries #40 , #42 , and #44 . Notices mailed. (psm, ) |
| Filing 70 ATTORNEY Appearance for Plaintiff Jean Ryan by Jonathan Smith (Smith, Jonathan) |
| Filing 69 RULE 56 56.1 Statement Plaintiff's Response to Defendants' Rule 56.1 Statement of Additional Facts (Sender, Jennifer) |
| Filing 68 REPLY by Plaintiff Jean Ryan to motion for summary judgment #38 Plaintiff's Reply in Further Support of Plaintiff's Cross-Motion for Summary Judgment (Sender, Jennifer) |
| Filing 67 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to file response/reply #65 is granted. Replies are due 8/8/18. No appearance on the motion is necessary. Notices mailed. (psm, ) |
| Filing 66 NOTICE of Motion by Deepa Goraya for presentment of motion for extension of time to file response/reply #65 before Honorable Manish S. Shah on 8/8/2018 at 09:45 AM. (Goraya, Deepa) |
| Filing 65 MOTION by Plaintiff Jean Ryan for extension of time to file response/reply as to motion for summary judgment #38 (Goraya, Deepa) |
| Filing 64 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to file excess pages #60 is granted. No appearance on the motion is necessary. Notices mailed. (psm, ) |
| Filing 63 RESPONSE by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. to Rule 56 statement, #43 and Defendants' Statement of Additional Facts (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Griswold, Joel) |
| Filing 62 REPLY by Kohl's Corporation, Kohl's Department Stores, Inc. to MOTION by Plaintiff Jean Ryan for summary judgment CROSS MOTION FOR SUMMARY JUDGMENT #38 , MOTION by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. for summary judgment #21 (Griswold, Joel) |
| Filing 61 NOTICE of Motion by Joel Griswold for presentment of motion for leave to file excess pages #60 before Honorable Manish S. Shah on 7/19/2018 at 09:45 AM. (Griswold, Joel) |
| Filing 60 MOTION by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. for leave to file excess pages in support of summary judgment motion (Griswold, Joel) |
Filing 59
Order. Signed by the Honorable Manish S. Shah on 6/22/2018: Defendants' motion for judgment on the pleadings, #28 , is denied. The stay on the briefing schedule for the motions for summary judgment is lifted. Defendants' combined response to plaintiff's motion and reply in support of its own motion is due 7/13/18. Plaintiff's reply in support of her motion is due 8/3/18. The court will issue a ruling on the motions for summary judgment by cm/ecf. Notices mailed. (psm, )
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| Filing 58 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's Motion for Leave to Cite Subsequent Supplemental Authority #55 is granted. No appearance on the motion is necessary. Notices mailed. (psm, ) |
| Filing 57 MEMORANDUM by Kohl's Corporation, Kohl's Department Stores, Inc. in Opposition to motion for leave to file #55 (DelGobbo, Bonnie) |
| Filing 56 Plaintiff's Notice of Motion to Present Plaintiff's Motion for Leave to Cite Subsequent Supplemental Authority NOTICE of Motion by Jennifer Lundy Sender for presentment of motion for leave to file #55 before Honorable Manish S. Shah on 6/14/2018 at 09:45 AM. (Sender, Jennifer) |
| Filing 55 MOTION by Plaintiff Jean Ryan for leave to file Plaintiff's Motion for Leave to Cite Subsequent Supplemental Authority (Attachments: #1 Exhibit A- 6/4/18 Order)(Sender, Jennifer) |
| Filing 54 MINUTE entry before the Honorable Manish S. Shah: No appearance on 4/19/18 is necessary. The court will rule on the motion for judgment on the pleadings via cm/ecf in which any further dates will be set. Notices mailed. (psm, ) |
| Filing 53 STATUS Report Notice of Conclusion of Settlement Conference by Kohl's Corporation, Kohl's Department Stores, Inc. (Griswold, Joel) |
| Filing 52 MINUTE entry before the Honorable Manish S. Shah: Defendant's motion to stay #46 is granted in part. The court has already stayed further briefing on the pending summary judgment motions, and the motion for judgment on the pleadings is now fully briefed. The court will defer ruling on the motion for judgment on the pleadings until after the conclusion of the settlement conference. Notices mailed. (psm, ) |
| Filing 51 REPLY by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. to response in opposition to motion, #49 , motion for judgment on the pleadings #28 (DelGobbo, Bonnie) |
| Filing 50 RESPONSE by Jean Ryan to MOTION by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. to stay case pending completion of settlement conference #46 Plaintiff's Response to Defendants' Motion to Stay (Sender, Jennifer) |
| Filing 49 RESPONSE by Jean Ryanin Opposition to MOTION by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. for judgment on the pleadings Based on Res Judicata #28 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Handley, Matthew) |
| Filing 48 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's response to defendants' motion to stay #46 is due 3/2/18. No reply permitted. No appearance on 2/27/18 is necessary. The court will issue a ruling via cm/ecf. Notices mailed. (psm, ) |
| Filing 47 NOTICE of Motion by Bonnie Keane DelGobbo for presentment of motion to stay #46 before Honorable Manish S. Shah on 2/27/2018 at 09:45 AM. (DelGobbo, Bonnie) |
| Filing 46 MOTION by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. to stay case pending completion of settlement conference (DelGobbo, Bonnie) |
| Filing 45 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion to seal #36 is granted, and no appearance on 2/15/18 is necessary. The court notes that the exhibits are not likely to remain under seal after the court resolves plaintiff's cross-motion. Defendant's response to plaintiff's cross-motion for summary judgment, and its reply in support of its motion for summary judgment are stayed pending a ruling on defendant's motion for judgment on the pleadings. If the motion for judgment on the pleadings is denied, the court will set a short deadline to complete the briefing on the pending summary judgment motions. Status hearing remains set for 4/19/18 at 9:30 a.m. Notices mailed. (psm, ) |
| Filing 44 SEALED DOCUMENT by Plaintiff Jean Ryan Exhibits F and I to PLAINTIFF JEAN RYANS RESPONSE TO DEFENDANTS, KOHLS CORPORATION AND KOHLS DEPARTMENT STORES, INC.S RULE 56 STATEMENT OF FACTS AND STATEMENT OF ADDITIONAL FACTS (Attachments: #1 Exhibit F, #2 Exhibit I)(Handley, Matthew) |
| Filing 43 RULE 56 Statement by Jean Ryan regarding motion for summary judgment #38 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G, #7 Exhibit H, #8 Exhibit J, #9 Exhibit K, #10 Exhibit L, #11 Exhibit M)(Handley, Matthew) |
| Filing 42 SEALED RESPONSE by Jean Ryan to sealed document #40 PLAINTIFF JEAN RYANS RESPONSE TO DEFENDANTS, KOHLS CORPORATION AND KOHLS DEPARTMENT STORES, INC.S RULE 56 STATEMENT OF FACTS AND STATEMENT OF ADDITIONAL FACTS (Handley, Matthew) |
| Filing 41 REDACTED PLAINTIFFS COMBINED RESPONSE IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT OF PLAINTIFFS CROSS MOTION FOR SUMMARY JUDGMENT by Jean Ryan (Handley, Matthew) |
| Filing 40 SEALED DOCUMENT by Plaintiff Jean Ryan PLAINTIFFS COMBINED RESPONSE IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT OF PLAINTIFFS CROSS MOTION FOR SUMMARY JUDGMENT (Handley, Matthew) |
| Filing 39 NOTICE of Motion by Matthew K Handley for presentment of motion for summary judgment #38 before Honorable Manish S. Shah on 2/15/2018 at 09:45 AM. (Handley, Matthew) |
| Filing 38 MOTION by Plaintiff Jean Ryan for summary judgment CROSS MOTION FOR SUMMARY JUDGMENT (Handley, Matthew) |
| Filing 37 NOTICE of Motion by Matthew K Handley for presentment of motion to seal document, #36 before Honorable Manish S. Shah on 2/15/2018 at 09:45 AM. (Handley, Matthew) |
| Filing 36 MOTION by Plaintiff Jean Ryan to seal document MOTION TO FILE CERTAIN EXHIBITS TO MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND CROSS MOTION FOR SUMMARY JUDGMENT UNDER SEAL PENDING FURTHER COURT ORDER (Handley, Matthew) |
| Filing 35 NOTICE of Motion by Matthew K Handley for presentment of motion for leave to file excess pages #34 before Honorable Manish S. Shah on 2/15/2018 at 09:45 AM. (Handley, Matthew) |
| Filing 34 MOTION by Plaintiff Jean Ryan for leave to file excess pages IN PLAINTIFFS COMBINED RESPONSE IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND MEMORANDUM IN SUPPORT OF PLAINTIFFS CROSS MOTION FOR SUMMARY JUDGMENT (Handley, Matthew) |
| Filing 33 MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. The briefing schedule on defendants' motion for judgment on the pleadings #28 is as follows: plaintiff's response is due 2/28/18; defendant's reply 3/14/18. For the reasons stated in open court, defendants' motion to stay #30 is denied. The briefing schedule on defendants' motion for summary judgment remains as set. Continued status hearing is set for 4/19/18 at 9:30 a.m. |
| Filing 32 NOTICE of Motion by Joel Griswold for presentment of motion to stay #30 , motion for judgment on the pleadings #28 before Honorable Manish S. Shah on 2/7/2018 at 09:45 AM. (Griswold, Joel) |
| Filing 31 NOTICE of Motion by Joel Griswold for presentment of (Griswold, Joel) |
| Filing 30 MOTION by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. to stay Pending Ruling on Motion for Judgment on the Pleadings Based on Res Judicata (Griswold, Joel) |
| Filing 29 MEMORANDUM by Kohl's Corporation, Kohl's Department Stores, Inc. in support of motion for judgment on the pleadings #28 Based on Res Judicata (Griswold, Joel) |
| Filing 28 MOTION by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. for judgment on the pleadings Based on Res Judicata (Griswold, Joel) |
| Filing 27 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to file response/reply #25 is granted. ; The briefing schedule on defendants' motion for summary judgment #21 is now as follows: plaintiff's response is due 2/12/18; defendants' reply 3/5/18. No appearance on the motion is necessary. Notices mailed. (psm, ) |
| Filing 26 NOTICE of Motion by Matthew K Handley for presentment of motion for extension of time to file response/reply #25 before Honorable Manish S. Shah on 1/30/2018 at 09:45 AM. (Handley, Matthew) |
| Filing 25 MOTION by Plaintiff Jean Ryan for extension of time to file response/reply to Defendants' Motion for Summary Judgment (Handley, Matthew) |
| Filing 24 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. For the reasons stated in open court, plaintiff's motion to transfer #14 is denied. Defendants' motion for leave to file excess pages #19 is granted. Plaintiff has leave to respond to defendants' motion for summary judgment with an affidavit, based on personal knowledge of the affiant (including any observations made after the close of fact discovery). Any such affidavit is limited to responding to the statements in the affidavit of the Kohl's personnel that reports on the current conditions of the store. The briefing schedule on defendants' motion for summary judgment #21 is as follows: plaintiff's response is due 1/29/18; defendants' reply 2/20/18. Thereafter, the court will take the motion under advisement and issue a ruling via cm/ecf in which any further dates will be set. Notices mailed. (psm, ) |
| Filing 23 MEMORANDUM by Kohl's Corporation, Kohl's Department Stores, Inc. in support of motion for summary judgment #21 (DelGobbo, Bonnie) |
| Filing 22 Rule 56 Statement STATEMENT by Kohl's Corporation, Kohl's Department Stores, Inc. (Attachments: #1 Appendix Appendix of Materials)(DelGobbo, Bonnie) |
| Filing 21 MOTION by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. for summary judgment (DelGobbo, Bonnie) |
| Filing 20 NOTICE of Motion by Bonnie Keane DelGobbo for presentment of motion for leave to file excess pages #19 before Honorable Manish S. Shah on 11/21/2017 at 09:30 AM. (DelGobbo, Bonnie) |
| Filing 19 MOTION by Defendants Kohl's Corporation, Kohl's Department Stores, Inc. for leave to file excess pages Unopposed Motion for Leave to File Overlength Brief in Support of Summary Judgment Motion (DelGobbo, Bonnie) |
| Filing 18 RESPONSE by Kohl's Corporation, Kohl's Department Stores, Inc.in Opposition to MOTION by Plaintiff Jean Ryan to transfer case to Eastern District of New York #14 (Griswold, Joel) |
| Filing 17 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion to strike affirmative defenses #11 is denied. Motions to strike under Rule 12(f) are disfavored, and should be reserved for removing unnecessary, delay-inducing clutter from a case. See Heller Fin., Inc. v. Midwhey Powder Co., 883 F.2d 1286, 1294 (7th Cir. 1989). Moreover, a court is not required to strike insufficiently pled affirmative defenses under Rule 12(f); the rule provides that a court "may" strike such defenses. In this case, fact discovery is long complete and plaintiff will not be prejudiced from the presence of the affirmative defenses in the pleadings. If defendant intends to assert an affirmative defense, it will have to prove it with facts (generally limited to the facts disclosed in discovery). At this point in the case, the boilerplate and bare-bones assertions by defendant do no meaningful work, and they will not cause plaintiff to incur any additional expense in discovery. The answer was only recently filed in this case, as a result of the decertification and severance order in 14-cv-8259, and the parties litigated motions to strike affirmative defenses in that earlier case. Ultimately, the motions to strike were not resolved, but the passage of time and completion of discovery now obviates the need to parse the sufficiency of defendant's pleadings. Plaintiff is not prejudiced by the pleading of affirmative defenses and so they do not amount to unnecessary clutter. There is no prospective delay caused by the pleading, and it will not expedite the case to strike the affirmative defenses (particularly since leave to replead should be freely given). For these reasons, the motion is denied. Defendant shall file a response to the motion to transfer #14 by 11/20/17, and no appearance on 11/7/17 is necessary. Status hearing remains set for 11/21/17 at 9:30 a.m. Notices mailed. (psm, ) |
| Filing 16 RESPONSE by Kohl's Corporation, Kohl's Department Stores, Inc.in Opposition to MOTION by Plaintiff Jean Ryan to strike Plaintiff's Motion to Strike Affirmative Defenses #11 (Griswold, Joel) |
| Filing 15 NOTICE of Motion by Matthew K Handley for presentment of motion to transfer case #14 before Honorable Manish S. Shah on 11/7/2017 at 09:45 AM. (Handley, Matthew) |
| Filing 14 MOTION by Plaintiff Jean Ryan to transfer case to Eastern District of New York (Attachments: #1 Memorandum in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Handley, Matthew) |
| Filing 13 MINUTE entry before the Honorable Manish S. Shah: Defendant's response to the motion to strike #11 is due 11/3/17. No reply permitted. No appearance on the motion is necessary. Status hearing remains set for 11/21/17 at 9:30 a.m. Notices mailed. (psm, ) |
| Filing 12 Plaintiff Jean Ryan NOTICE of Motion by Jennifer Lundy Sender for presentment of motion to strike, #11 before Honorable Manish S. Shah on 10/24/2017 at 09:45 AM. (Sender, Jennifer) |
| Filing 11 MOTION by Plaintiff Jean Ryan to strike Plaintiff's Motion to Strike Affirmative Defenses (Attachments: #1 Memorandum of Law in Support of Plaintiff Ryan's Motion to Strike Affirmative Defenses, #2 Notice of Motion)(Sender, Jennifer) |
| Filing 10 ANSWER to amended complaint and Affirmative and Other Defenses by Kohl's Department Stores, Inc.(Griswold, Joel) |
| Filing 9 ANSWER to amended complaint and Affirmative and Other Defenses by Kohl's Corporation(Griswold, Joel) |
| Filing 8 TRANSCRIPT OF PROCEEDINGS held on 09/21/17 before the Honorable Manish S. Shah. Order Number: 28377. Court Reporter Contact Information: Colleen Conway, 312.435.5594 or colleen_conway@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/19/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/27/2017. (Conway, Colleen) |
| Filing 7 ATTORNEY Appearance for Plaintiff Jean Ryan by Matthew K Handley (Handley, Matthew) |
| Filing 6 MINUTE entry before the Honorable Manish S. Shah: Status hearing held. Defendants shall file their answer in the present case by 9/28/17. Defendants' motion for summary judgment is due 11/20/17. Continued status hearing is set for 11/21/17 at 9:30 a.m. Notices mailed. (psm, ) |
| Filing 5 STATUS Report Joint Initial Status Report by Jean Ryan (Sender, Jennifer) |
| Filing 4 ATTORNEY Appearance for Plaintiff Jean Ryan by Deepa Goraya (Goraya, Deepa) |
| Filing 3 MINUTE entry before the Honorable Manish S. Shah: A status hearing is set for 9/21/17 at 9:30 a.m. No later than three business days before the status hearing, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Shah's name and then again on the link entitled 'Initial Status Conferences.' Notices mailed. (psm, ) |
| Filing 2 SECOND AMENDED complaint by Jean Ryan against Kohl's Corporation, Kohl's Department Stores, Inc.. (lf, ) |
| Filing 1 MEMORANDUM Opinion and Order. Signed by the Honorable Ronald A. Guzman on 8/11/2017. Mailed notice (lf, ) |
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