Fernandez et al v. Kerry, Inc.
| Isaias Villanueva, Rodrigo Puentes, Sergio Duran, Maximo Fernandez and Arturo Cordona |
| Kerry, Inc. |
| 1:2017cv08971 |
| December 13, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Jorge L Alonso |
| Franklin U Valderrama |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 118 DOCKETING Statement by Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva regarding notice of appeal #114 (Caffarelli, Alejandro) |
| Filing 117 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #114 ; USCA Case No. 21-1067. (bg, ) |
| Filing 116 TRANSMITTED to the 7th Circuit the short record on notice of appeal #114 . Notified counsel. (bg, ) |
| Filing 115 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #114 (bg, ) |
| Filing 114 NOTICE of appeal by Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva regarding orders #113 , #112 Filing fee $ 505, receipt number 0752-17822053. Receipt number: n (Caffarelli, Alejandro) |
| Filing 113 ENTERED JUDGMENT on 12/23/2020. Mailed notice (axc). |
Filing 112
ORDER: On November 30, 2020, the Court dismissed Plaintiffs' amended complaint without prejudice and ordered Plaintiffs to file an amended complaint consistent with the Court's order on or before December 12, 2020 #110 , which the Court subsequently corrected to December 21, 2020 #111 . No amended complaint has been filed. Therefore, this case is dismissed with prejudice. The Clerk is directed to enter final judgment. Case closed. Signed by the Honorable Franklin U. Valderrama on 12/23/2020. Mailed notice (axc).
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| Filing 111 MINUTE entry before the Honorable Franklin U. Valderrama: The Court set a deadline for Plaintiffs to file a Second Amended Complaint for 12/20/2020 #110 . The Sunday deadline was entered in error. Plaintiffs have until 12/21/2020 to file a Second Amended Complaint. If no Second Amended Complaint is filed on 12/21/2020, the Court will enter a final judgment and close the case. Telephonic status conference set for 12/21/2020 is stricken Mailed notice (axc). |
| Filing 110 MEMORANDUM Opinion and Order Signed by the Honorable Franklin U. Valderrama on 11/30/2020: For the reasons stated in the Opinion, the Court grants Defendant's motion to dismiss Plaintiff's amended complaint #102 . Plaintiff's amended complaint is dismissed without prejudice. Plaintiffs have until December 20, 2020 to file a second amended complaint if they can do so consistent with Rule 11. If no Second Amended Complaint is filed on or before December 20, 2020, the Court will enter a final judgment and close the case. Telephonic status conference set for December 21, 2020 at 9:30 a.m. The call-in number is (888) 808-6929 and the access code is 5348076. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. It is so ordered. Mailed notice (axc). |
| Filing 109 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0027: Pursuant that to the Executive Committee Order entered on September 23, 2020 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Franklin U. Valderrama; therefore IT IS HEREBY ORDERED that the attached list of 371 cases be reassigned to the Honorable Franklin U. Valderrama; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Franklin U. Valderrama's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Franklin U. Valderrama to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases. Case reassigned to the Honorable Franklin U. Valderrama for all further proceedings. Honorable Jorge L. Alonso no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/28/2020.(docket8, ) |
| Filing 108 WITHDRAWING Benjamin E. Sedrish as counsel for Defendant Kerry, Inc. and substituting Melissa Anne Siebert as counsel of record (Siebert, Melissa) |
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Filing 107
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket)
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| Filing 106 REPLY by Kerry, Inc. to MOTION by Defendant Kerry, Inc. to dismiss Plaintiffs' First Amended Complaint #102 , response in opposition to motion, #105 , memorandum in support of motion #103 DEFENDANT'S REPLY MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (Siebert, Melissa) |
| Filing 105 RESPONSE by Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanuevain Opposition to MOTION by Defendant Kerry, Inc. to dismiss Plaintiffs' First Amended Complaint #102 (Attachments: #1 Unreported cases)(Peeters, Lorraine) |
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Filing 104
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket3, )
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| Filing 103 MEMORANDUM by Kerry, Inc. in support of motion to dismiss #102 Plaintiffs' First Amended Complaint (Siebert, Melissa) |
| Filing 102 MOTION by Defendant Kerry, Inc. to dismiss Plaintiffs' First Amended Complaint (Siebert, Melissa) |
| Filing 101 AMENDED notice of removal #1 (Siebert, Melissa) |
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Filing 100
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket3, )
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Filing 99
MEMORANDUM Opinion and Order: The Court denies plaintiffs' motion #81 to remand. Defendant is granted 21 days to file an amended notice of removal. Defendant's deadline to answer or otherwise plead is May 22, 2020. If defendant files a motion to dismiss by that deadline, plaintiffs' response is due June 19, 2020, and defendant's reply is due July 6, 2020. Signed by the Honorable Jorge L. Alonso on 4/10/2020. Notice mailed by judge's staff (lf, )
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| Filing 97 NOTICE by All Plaintiffs of filing of supplemental authority (Attachments: #1 Exhibit Group Exhibit A, #2 Exhibit Group Exhibit B)(Peeters, Lorraine) |
| Filing 96 NOTICE by Kerry, Inc. of Supplemental Authority in Support of Opposition to Remand (Attachments: #1 Exhibit A)(Hines, Erin) |
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Filing 98
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket8, )
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Filing 95
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, )
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| Filing 94 MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion for leave to file supplemental authority #91 is granted. Motion hearing date of 3/18/20 is stricken. Notice mailed by judge's staff (lf, ) |
| Filing 93 ATTORNEY Appearance for Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva by Katherine Eileen Stryker (Stryker, Katherine) |
| Filing 92 NOTICE of Motion by Melissa Anne Siebert for presentment of motion for leave to file #91 before Honorable Jorge L. Alonso on 3/18/2020 at 09:30 AM. (Siebert, Melissa) |
| Filing 91 MOTION by Defendant Kerry, Inc. for leave to file supplemental authority (Attachments: #1 Exhibit A)(Siebert, Melissa) |
| Filing 90 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' motion for leave to file supplemental authority in support of their motion to remand #88 is granted. Motion for leave to file #88 is granted. Motion hearing date of 2/11/20 is stricken. Notice mailed by judge's staff (lf, ) |
| Filing 89 NOTICE of Motion by Lorraine Teraldico Peeters for presentment of motion for leave to file #88 before Honorable Jorge L. Alonso on 2/11/2020 at 09:30 AM. (Peeters, Lorraine) |
| Filing 88 MOTION by Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva for leave to file supplemental authority (Attachments: #1 Exhibit A)(Peeters, Lorraine) |
| Filing 87 MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion for leave to file supplemental sworn declaration in support of jurisdiction #85 is granted. Motion hearing set for 2/6/20 is stricken. Notices mailed by judge's staff (lf, ) |
| Filing 86 NOTICE of Motion by Melissa Anne Siebert for presentment of motion for leave to file #85 before Honorable Jorge L. Alonso on 2/6/2020 at 09:30 AM. (Siebert, Melissa) |
| Filing 85 MOTION by Defendant Kerry, Inc. for leave to file Supplemental Sworn Declaration in Support of Jurisdiction (Attachments: #1 Declaration Meredith Wilson)(Siebert, Melissa) |
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Filing 84
TRANSCRIPT OF PROCEEDINGS held on 10/17/19 before the Honorable Jorge L. Alonso. Order Number: 36537. Court Reporter Contact Information: Lisa Breiter, Former Federal Official Court Reporter, lisabreiter@comcast.net (630) 885-0455. |
| Filing 83 REPLY by Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva to response in opposition to motion #82 (Peeters, Lorraine) |
| Filing 82 RESPONSE by Kerry, Inc.in Opposition to MOTION by Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva to remand (Renewed) #81 (Studer, Jonathon) |
| Filing 81 MOTION by Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva to remand (Renewed) (Attachments: #1 Exhibit A and B, #2 Unreported cases)(Peeters, Lorraine) |
| Filing 80 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held. Plaintiffs' are given leave to file a renewed motion for remand by 11/7/19. Defendant's response to the renewed motion for remand shall be filed by 12/2/19. Plaintiffs' reply shall be filed by 12/9/19. The Court will rule electronically. Notice mailed by judge's staff (lf, ) |
| Filing 79 MINUTE entry before the Honorable Jorge L. Alonso: At the parties' request, status hearing set for 9/24/19 is stricken and reset to 10/17/19 at 9:30 a.m. Notice mailed by judge's staff (lf, ) |
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Filing 78
ORDER: Plaintiffs' motion to remand #54 is denied without prejudice. The parties may engage in limited discovery with regard to the unions knowledge and conduct concerning defendant's timekeeping practice. Status of August 27, 2019 is stricken and re-set to September 24, 2019 at 9:30 a.m. Signed by the Honorable Jorge L. Alonso on 8/7/2019. Notice mailed by judge's staff (lf, )
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| Filing 77 MINUTE entry before the Honorable Jorge L. Alonso: At the parties' request, status hearing previously set for 8/8/19 is stricken and reset to 8/27/19 at 9:30 a.m. Notices mailed by judge's staff (lf, ) |
| Filing 76 MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion to stay decision on Plaintiffs' motion for remand pending a decision in Johnson v. United Airlines, Inc. #65 is denied as moot. Defendant's motion for leave to file supplemental authority #70 is granted. Motion hearing date of 7/25/19 is stricken. Status hearing set for 8/8/19 at 9:30 a.m. Notice mailed by judge's staff (lf, ) |
| Filing 75 REPLY by Defendant Kerry, Inc. in Support of its Motion to File Supplemental Authority (Siebert, Melissa) |
| Filing 74 RESPONSE by Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva to motion for leave to file #70 AMENDED (Peeters, Lorraine) |
| Filing 73 MINUTE entry before the Honorable Jorge L. Alonso: Motion hearings previously set for 6/20/19 are stricken and reset to 7/25/19 at 9:30 a.m. Notice mailed by judge's staff (lf, ) |
| Filing 72 RESPONSE by Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanuevain Opposition to MOTION by Defendant Kerry, Inc. for leave to file SUPPLEMENTAL AUTHORITY #70 (Peeters, Lorraine) |
| Filing 71 NOTICE of Motion by Melissa Anne Siebert for presentment of motion for leave to file #70 before Honorable Jorge L. Alonso on 6/20/2019 at 09:30 AM. (Siebert, Melissa) |
| Filing 70 MOTION by Defendant Kerry, Inc. for leave to file SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit A)(Siebert, Melissa) |
| Filing 69 RESPONSE by Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanuevain Opposition to MOTION by Defendant Kerry, Inc. to stay decision on Plaintiffs' Motion For Remand Pending a Decision in Johnson v. United Airlines, Inc. #65 (Peeters, Lorraine) |
| Filing 68 ATTORNEY Appearance for Defendant Kerry, Inc. by Benjamin Sedrish (Sedrish, Benjamin) |
| Filing 67 ATTORNEY Appearance for Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva by Madeline K. Engel (Engel, Madeline) |
| Filing 66 NOTICE of Motion by Melissa Anne Siebert for presentment of motion to stay #65 before Honorable Jorge L. Alonso on 6/20/2019 at 09:30 AM. (Siebert, Melissa) |
| Filing 65 MOTION by Defendant Kerry, Inc. to stay decision on Plaintiffs' Motion For Remand Pending a Decision in Johnson v. United Airlines, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Siebert, Melissa) |
| Filing 64 MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion for leave to file supplemental authority #61 is denied. Motion hearing date of 5/22/19 is stricken. Notice mailed by judge's staff (ntf, ) |
| Filing 63 RESPONSE by Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanuevain Opposition to MOTION by Defendant Kerry, Inc. for leave to file Supplemental Authority #61 (Peeters, Lorraine) |
| Filing 62 NOTICE of Motion by Melissa Anne Siebert for presentment of motion for leave to file #61 before Honorable Jorge L. Alonso on 5/22/2019 at 09:30 AM. (Siebert, Melissa) |
| Filing 61 MOTION by Defendant Kerry, Inc. for leave to file Supplemental Authority (Attachments: #1 Exhibit A - Supplemental Authority)(Siebert, Melissa) |
| Filing 60 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' motion to remand #54 is taken under advisement. The court will rule electronically and set further dates in the ruling. Status hearing previously set for 5/8/19 is stricken. Notice mailed by judge's staff (ntf, ) |
| Filing 59 REPLY by Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva to response in opposition to motion #58 (Peeters, Lorraine) |
| Filing 58 RESPONSE by Kerry, Inc.in Opposition to MOTION by Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva to remand #54 (Attachments: #1 Exhibit A)(Siebert, Melissa) |
| Filing 57 MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. Plaintiffs' motion to remand #54 is taken under advisement. Defendant's response shall be filed by 4/9/19. Plaintiffs' reply in support shall be filed by 4/16/19. Status hearing set for 5/8/19 at 9:30 a.m. Briefing schedule on Defendant's motion to dismiss is vacated. Notice mailed by judge's staff (ntf, ) |
| Filing 56 ATTORNEY Appearance for Defendant Kerry, Inc. by Jonathon M. Studer (Studer, Jonathon) |
| Filing 55 NOTICE of Motion by Lorraine Teraldico Peeters for presentment of motion to remand #54 before Honorable Jorge L. Alonso on 3/19/2019 at 09:30 AM. (Peeters, Lorraine) |
| Filing 54 MOTION by Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva to remand (Attachments: #1 Exhibit A)(Peeters, Lorraine) |
| Filing 53 MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion for leave to withdraw appearance #51 is granted. Attorney Bonnie Keane DelGobbo is given leave to withdraw as counsel for Defendant. Motion hearing date of 3/7/19 is stricken. Notice mailed by judge's staff (ntf, ) |
| Filing 52 NOTICE of Motion by Bonnie Keane DelGobbo for presentment of motion to withdraw as attorney #51 before Honorable Jorge L. Alonso on 3/7/2019 at 09:30 AM. (DelGobbo, Bonnie) |
| Filing 51 MOTION by Attorney BONNIE KEANE DELGOBBO to withdraw as attorney for Kerry, Inc.. No party information provided (DelGobbo, Bonnie) |
| Filing 50 NOTICE by Erin Bolan Hines of Change of Address (Hines, Erin) |
| Filing 49 NOTICE by Melissa Anne Siebert of Change of Address (Siebert, Melissa) |
| Filing 48 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' joint motion to place case on court's active docket and to set a status date #46 is granted in part as follows: Defendant shall file an amended motion to dismiss Plaintiffs' first amended complaint by 3/27/19. Plaintiffs' response shall be filed by 4/17/19. Defendant's reply in support shall be filed by 5/1/19. The court will rule electronically and set further dates in the ruling. Civil case reopened. Motion hearing date of 3/5/19 is stricken. Notice mailed by judge's staff (ntf, ) |
| Filing 47 NOTICE of Motion by Lorraine Teraldico Peeters for presentment of motion for miscellaneous relief #46 before Honorable Jorge L. Alonso on 3/5/2019 at 09:30 AM. (Peeters, Lorraine) |
| Filing 46 MOTION by Plaintiffs Arturo Cordona, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva to place case on Court's active docket and to set a status date (JOINT MOTION) (Peeters, Lorraine) |
| Filing 45 MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion to stay pending the Illinois Supreme Court decision in Rosenbach v. Six Flags Entertainment Corp. #43 is granted. Defendant's motion to dismiss #25 is denied without prejudice. Motion hearing and status hearing date of 10/24/18 are stricken. This case is stayed. The Clerk is directed to place this case on the Court's inactive docket pending completion of the Illinois Supreme Court proceeding. Parties shall file a motion to move this action back onto the Court's active docket when the Illinois Supreme Court proceeding is concluded. Notices mailed by judge's staff (ntf, ) |
| Filing 44 NOTICE of Motion by Melissa Anne Siebert for presentment of motion to stay #43 before Honorable Jorge L. Alonso on 10/24/2018 at 09:30 AM. (Siebert, Melissa) |
| Filing 43 MOTION by Defendant Kerry, Inc. to stay pending the Illinois Supreme Court decision in Rosenbach v. Six Flags Entertainment Corp. (Joint Motion) (Siebert, Melissa) |
| Filing 42 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing previously set for 7/11/18 is stricken and reset to 10/24/18 at 9:30 a.m. Notices mailed by judge's staff (ntf, ) |
| Filing 41 NOTICE by All Plaintiffs re memorandum in support of motion #26 , reply to response to motion #32 , response in opposition to motion, #28 Subsequent History for Cited Authority (Attachments: #1 Exhibit Exhibit A)(Peeters, Lorraine) |
| Filing 40 MINUTE entry before the Honorable Jorge L. Alonso: Defendant's motion for leave to file instanter response to Plaintiff's motion for leave to file supplemental authority #36 is granted. Plaintiffs' motion for leave to file instanter reply in support of their motion for leave to file supplemental authority #38 is granted. Motion hearing date of 5/2/18 is stricken. Notices mailed by judge's staff (ntf, ) |
| Filing 39 NOTICE of Motion by Lorraine Teraldico Peeters for presentment of motion to file instanter #38 before Honorable Jorge L. Alonso on 5/2/2018 at 09:30 AM. (Peeters, Lorraine) |
| Filing 38 MOTION by Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva to file instanter reply in support of their motion for leave to file supplemental authority (Peeters, Lorraine) |
| Filing 37 NOTICE of Motion by Melissa Anne Siebert for presentment of motion to file instanter #36 before Honorable Jorge L. Alonso on 5/2/2018 at 09:30 AM. (Siebert, Melissa) |
| Filing 36 MOTION by Defendant Kerry, Inc. to file instanter response to plaintiff's motion for leave to file supplemental authority (Siebert, Melissa) |
| Filing 35 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's motion for leave to file supplemental authority #33 is granted. Motion hearing date of 4/26/18 is stricken. Notices mailed by judge's staff (ntf, ) |
| Filing 34 NOTICE of Motion by Alejandro Caffarelli for presentment of motion for leave to file #33 before Honorable Jorge L. Alonso on 4/26/2018 at 09:30 AM. (Caffarelli, Alejandro) |
| Filing 33 MOTION by Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva for leave to file supplemental authority (Attachments: #1 Exhibit A)(Caffarelli, Alejandro) |
| Filing 32 REPLY by Kerry, Inc. to response in opposition to motion, #28 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siebert, Melissa) |
| Filing 31 MINUTE entry before the Honorable Jorge L. Alonso: Defendant's unopposed motion for extension of time to file reply in support of its motion to dismiss #29 is granted to 4/4/18. Motion hearing date of 3/22/18 is stricken. Notices mailed by judge's staff (ntf, ) |
| Filing 30 NOTICE of Motion by Bonnie Keane DelGobbo for presentment of motion for extension of time to file #29 before Honorable Jorge L. Alonso on 3/22/2018 at 09:30 AM. (DelGobbo, Bonnie) |
| Filing 29 MOTION by Defendant Kerry, Inc. for extension of time to file reply in support of motion to dismiss (DelGobbo, Bonnie) |
| Filing 28 RESPONSE by Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanuevain Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kerry, Inc. #25 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Peeters, Lorraine) |
| Filing 27 Notice of Constitutional Challenge to Illinois Statute by Kerry, Inc. (Siebert, Melissa) |
| Filing 26 MEMORANDUM by Kerry, Inc. in support of Motion to Dismiss for Failure to State a Claim #25 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siebert, Melissa) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kerry, Inc. (Siebert, Melissa) |
| Filing 24 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs filed an amended complaint, therefore, Defendant's Rule 12(b)(6)motion to dismiss #17 is moot. Notices mailed by judge's staff (ntf, ) |
| Filing 23 First AMENDED complaint by Rodrigo Puentes, Maximo Fernandez, Sergio Duran, Arturo Cordona, Isaias Villanueva against Kerry, Inc. (Caffarelli, Alejandro) |
| Filing 22 MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. Defendant's motion to dismiss #17 is taken under advisement. Plaintiffs' amended complaint shall be filed by 2/9/18. Defendant's motion to dismiss shall be filed by 3/2/18. Plaintiffs' response shall be filed by 3/16/18. Defendant's reply in support shall be filed by 3/23/18. The court will rule electronically. The Court will stay the participation in the Mandatory Initial Discovery Pilot program in this case until ruling on the motion to dismiss. Discovery is stayed. Status hearing previously set for 2/7/18 is stricken and reset to 7/11/18 at 9:30 a.m. Parties' deadline to file an initial status report is extended to 7/6/18. Notices mailed by judge's staff (ntf, ) |
| Filing 21 NOTICE of Constitutional Challenge of Illinois Statute by Kerry, Inc. (Siebert, Melissa) |
| Filing 20 ANSWER to Complaint and Affirmative and Other Defenses by Kerry, Inc.(Siebert, Melissa) (Docket Text Modified on 1/22/2018 by Clerk's Office) (eaa, ). |
| Filing 19 NOTICE of Motion by Melissa Anne Siebert for presentment of Motion to Dismiss for Failure to State a Claim #17 before Honorable Jorge L. Alonso on 1/31/2018 at 09:30 AM. (Siebert, Melissa) |
| Filing 18 MEMORANDUM by Kerry, Inc. in support of Motion to Dismiss for Failure to State a Claim #17 (Attachments: #1 Exhibit A, #2 Exhibit B)(Siebert, Melissa) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kerry, Inc. (Siebert, Melissa) |
| Filing 16 MINUTE entry before the Honorable Jorge L. Alonso: As discussed in open court, plaintiffs stated that they may file a motion to remand and requested additional time to file the motion. 28 U.S.C. 1447(c) provides, in pertinent part, that "[a] motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a)." 28 U.S.C. 1447(c). The notice of removal was filed on 12/13/17, which would require that any motion to remand be filed by 1/12/18. In open court, the parties advised the Court that their research indicates that the Court may extend the time for plaintiffs to file a motion to remand. If they seek such an extension, they may file an appropriate motion with a supporting memorandum of law by 1/5/18. Notices mailed by judge's staff (ntf, ) |
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Filing 15
ORDER. Signed by the Honorable Jorge L. Alonso on 12/21/2017. Notices mailed by judge's staff (ntf, )
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Filing 14
MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. Defendant's motion for extension of time to answer or otherwise respond to Plaintiffs' complaint #12 is granted to 1/19/18. Enter order. Parties shall file a joint status report by 2/2/18. Initial status hearing set for 2/7/18 at 9:30 a.m. Notices mailed by judge's staff (ntf, )
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| Filing 13 NOTICE of Motion by Erin Bolan Hines for presentment of extension of time #12 before Honorable Jorge L. Alonso on 12/21/2017 at 09:30 AM. (Hines, Erin) |
| Filing 12 MOTION by Defendant Kerry, Inc. for extension of time to Answer or Otherwise Respond to Complaint (Hines, Erin) Modified on 12/22/2017 (ntf, ). |
| Filing 11 MAILED Notice of Removal letter to counsel of record. (jk, ) |
| Filing 10 ATTORNEY Appearance for Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva by Lorraine Teraldico Peeters (Peeters, Lorraine) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Arturo Cordona, Sergio Duran, Maximo Fernandez, Rodrigo Puentes, Isaias Villanueva by Alejandro Caffarelli (Caffarelli, Alejandro) |
| Filing 8 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (jk, ) |
| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Daniel G. Martin. (kb, ) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Kerry, Inc. (Hines, Erin) |
| Filing 6 ATTORNEY Appearance for Defendant Kerry, Inc. by Suzanne Marie Alton de Eraso (Alton de Eraso, Suzanne) |
| Filing 5 ATTORNEY Appearance for Defendant Kerry, Inc. by Bonnie Keane DelGobbo (DelGobbo, Bonnie) |
| Filing 4 ATTORNEY Appearance for Defendant Kerry, Inc. by Melissa Anne Siebert (Siebert, Melissa) |
| Filing 3 ATTORNEY Appearance for Defendant Kerry, Inc. by Erin Bolan Hines (Hines, Erin) |
| Filing 2 CIVIL Cover Sheet (Hines, Erin) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2017-ch-14831) filed by Kerry, Inc. Filing fee $ 400, receipt number 0752-13905162. (Attachments: #1 Exhibit Exhibits 1-2)(Hines, Erin) |
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