Smith v. Village of Downers Grove et al
| Carissa Smith |
| Village of Downers Grove, Illinois, David Fieldman, Kurt Bluder and Shannon Gillette |
| 1:2018cv05649 |
| August 19, 2018 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E Chang |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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| Document Text |
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| Filing 22 ATTORNEY Appearance for Defendants Kurt Bluder, Shannon Gillette by Amber Michelle Samuelson (Attachments: #1 Notice of Filing)(Samuelson, Amber) |
| Filing 21 ATTORNEY Appearance for Defendants Kurt Bluder, Shannon Gillette by John B. Murphey (Attachments: #1 Notice of Filing)(Murphey, John) |
| SUMMONS Issued as to Defendants Kurt Bluder, Shannon Gillette (lma, ) |
| Filing 20 FIRST AMENDED complaint by Carissa Smith against All Defendants WITH ADDITION OF NEW DEFENDANTS: KURT BLUDER AND SHANNON GILLETTE (Cooper, Christopher) |
| Filing 19 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Plaintiff's motion for leave to file a First Amended Complaint #15 . As discussed during the hearing, the motion #15 is granted (it was actually of right, Fed. R. Civ. P. 15(a)(1)(B)). Plaintiff shall file the First Amended Complaint as a separate document. In light of the First Amended Complaint, Defendants' motion to dismiss #10 is terminated without prejudice. Defense counsel reported that he will accept service on behalf newly added Defendants Shannon Gillette and Kurt Blunder, and will be filing his appearance on their behalf. Defendants' answer to the First Amended Complaint due 10/25/2018. The individual Defendants also plan on moving to dismiss Count 4 (the Equal Protection claim), at least on the ground that USERRA precludes a Equal-Protection claim via Section 1983. The Court discussed that Count 4 could be interpreted as a non-class-of-one and really as a military-class claim (the defense's other-statutory preclusion argument would not be affected by the interpretation). In any event, Defendants' motion to dismiss Count 4 is due by 10/25/2018. Plaintiff's response due by 11/26/2018. Defendants' reply due by 12/10/2018. Mandatory Initial Discovery Pilot Project disclosures due 11/26/2018. ESI discovery shall be disclosed by 01/07/2019. The first-round of written discovery requests to fill gaps in the MID disclosures due no later than 12/21/2018. Rule 16(b) deadline to add parties or amend pleadings is 03/04/2019. Fact discovery shall close by 05/31/2019. Any Rule 26(a)(2) expert disclosures (whether retained or not) are due 30 days after the close of fact discovery, and the 30-day deadline is adjusted automatically if the close of fact discovery is adjusted. No summary judgment motions may be filed before the close of discovery without leave of Court. The parties may immediately start issuing non-party subpoenas (and they should start serving them promptly), but they must be served no later than 03/25/2019. Approval must be obtained, supported by good cause (e.g., genuine surprise), to serve subpoenas after the deadline. Status hearing set for 12/14/2018 at 8:30 a.m.Emailed notice (slb, ) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: The hearing time on Plaintiff's motion #15 to amend complaint is reset to 9 a.m. on the same date, 10/04/2018, to coincide with the previously set status hearing. Emailed notice (slb, ) |
| Filing 17 AMENDED NOTICE of Motion by Christopher Cooper for presentment of motion for leave to file #15 before Honorable Edmond E. Chang on 10/4/2018 at 08:30 AM. (Cooper, Christopher) |
| Filing 16 NOTICE of Motion by Christopher Cooper for presentment of motion for leave to file #15 before Honorable Edmond E. Chang on 10/4/2019 at 08:30 AM. (Cooper, Christopher) |
| Filing 15 MOTION by Plaintiff Carissa Smith for leave to file HER FIRST AMENDED COMPLAINT (Attachments: #1 Supplement PROPOSED 1ST AMEND COMP)(Cooper, Christopher) |
| Filing 14 Defendant Village of Downers Grove and David Fieldman's ANSWER to Complaint with Jury Demand by David Fieldman, Village of Downers Grove, Illinois (Attachments: #1 Notice of Filing)(Murphey, John) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: On Defendants' motion #10 to dismiss, Plaintiff's response is due by 10/02/2018. Defendants' reply is due by 10/16/2018. Unless the Court is missing something, Defendants failed to file an answer, which is required by the Mandatory Initial Discovery Standing Order, Order at Section A(3), which governs this case, R. 4. No motion to defer the answer was filed, and in any event, the dismissal motion is not premised on jurisdictional or immunity grounds. Defendants shall file the answer by 09/21/2018. The parties are warned that MID disclosures shall be due by 10/12/2018 (30 days after the answer's original deadline). The Court also notes, on a preliminary review of the dismissal motion, that the motion appears to demand too much by way of detailed fact pleading on the USERRA claims (there might very well be, however, an exhaustion problem on the state law analogue and the class-of-one claim might fail to state a claim). In other words, even without the MID Standing Order, discovery would move forward. The status report and status hearing requirements remain in place. Emailed notice (slb, ) |
| Filing 12 MEMORANDUM by David Fieldman, Village of Downers Grove, Illinois in support of Motion to Dismiss for Failure to State a Claim #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Notice of Filing)(Murphey, John) |
| Filing 11 Defendants' NOTICE of Motion by John B. Murphey for presentment of Motion to Dismiss for Failure to State a Claim #10 before Honorable Edmond E. Chang on 9/19/2018 at 08:30 AM. (Murphey, John) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants David Fieldman, Village of Downers Grove, Illinois (Murphey, John) |
| Filing 9 ATTORNEY Appearance for Defendants David Fieldman, Village of Downers Grove, Illinois by Amber Michelle Samuelson (Attachments: #1 Notice of Filing)(Samuelson, Amber) |
| Filing 8 ATTORNEY Appearance for Defendants David Fieldman, Village of Downers Grove, Illinois by John B. Murphey (Attachments: #1 Notice of Filing)(Murphey, John) |
| Filing 7 SUMMONS Returned Executed by Carissa Smith as to David Fieldman on 8/22/2018, answer due 9/12/2018. (Cooper, Christopher) |
| Filing 6 SUMMONS Returned Executed by Carissa Smith as to Village of Downers Grove, Illinois on 8/22/2018, answer due 9/12/2018. (Cooper, Christopher) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 10/04/2018 at 9:00 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (slb, ) |
| Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and 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 following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (yap, ) |
| SUMMONS Issued as to Defendants David Fieldman, Village of Downers Grove, Illinois (tg, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. (jjr, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff CARISSA SMITH by Christopher Cooper (Cooper, Christopher) |
| Filing 2 CIVIL Cover Sheet (Cooper, Christopher) |
| Filing 1 COMPLAINT filed by CARISSA SMITH; JURY DEMAND. Filing fee $ 400, receipt number 0752-14841638.(Cooper, Christopher) |
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