Patel v. 7-Eleven, Inc.
| Niral Patel |
| 7-Eleven, Inc. |
| 1:2018cv07010 |
| October 18, 2018 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Labor: Other |
| 05 U.S.C. § 704 |
| None |
Docket Report
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| Document Text |
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| Filing 26 ANSWER to Complaint And Affirmative Defenses by 7-Eleven, Inc.(Hughes, John) |
| Filing 25 MEMORANDUM by 7-Eleven, Inc. in support of Motion to Dismiss for Failure to State a Claim #24 (Attachments: #1 Exhibit A)(Hughes, John) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant 7-Eleven, Inc. (Hughes, John) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff's attorney Shannon Liss-Riordan appeared by telephone, and additional counsel for both sides appeared in court. Plaintiff's counsel confirmed that Plaintiff is an Illinois citizen, not merely a resident. Defendant's counsel confirmed Texas is Defendant's principal place of business. Defendant's answer to the complaint due 12/14/2018. Defendant will be filing a motion to dismiss. Defendant's motion to dismiss due 12/14/2018. Plaintiff's response to the motion to dismiss due 01/14/2019. Defendant's reply due 01/28/2019. For now, discovery will proceed on the merits of Plaintiff's individual claims only, not on the class claim. MID disclosures due 01/14/2019. ESI deadline is suspended right now. Defendant's response to Plaintiff's motion for preliminary injunction due 01/14/2019. Plaintiff's reply due 01/28/2019. Status hearing set for 01/23/2019 at 10:15 a.m., at which time the Court will set the remainder of the fact discovery deadlines and also consider what discovery should go forward after preliminarily reviewing the dismissal motion and the response. Emailed notice (slb, ) |
| Filing 22 MINUTE entry before the Honorable Edmond E. Chang: On the Court's on initiative, the status and motion hearing time is reset to 9 a.m. on the same date, 12/11/2018. Emailed notice (slb, ) |
| Filing 21 STATUS Report (Joint Initial) by Niral Patel (Liss-Riordan, Shannon) |
| Filing 20 RE- NOTICE of Motion by Shannon E Liss-Riordan for presentment of motion for preliminary injunction #18 before Honorable Edmond E. Chang on 12/11/2018 at 08:30 AM. (Liss-Riordan, Shannon) |
| Filing 19 NOTICE of Motion by Shannon E Liss-Riordan for presentment of motion for preliminary injunction #18 before Honorable Edmond E. Chang on 12/3/2018 at 08:30 AM. (Liss-Riordan, Shannon) |
| Filing 18 MOTION by Plaintiff Niral Patel for preliminary injunction (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Liss-Riordan, Shannon) |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang: Defendant's unopposed extension motion #15 to answer is granted to 12/13/2018. Emailed notice (slb, ) |
| Filing 16 AGREED NOTICE of Motion by John Aaron Hughes for presentment of motion for extension of time to file answer #15 before Honorable Edmond E. Chang on 11/8/2018 at 08:30 AM. (Hughes, John) |
| Filing 15 MOTION by Defendant 7-Eleven, Inc. for extension of time to file answer regarding complaint #1 - 7-Eleven, Inc.'s Agreed Motion For Extension Of Time To Respond To Complaint - (Hughes, John) |
| Filing 14 ATTORNEY Appearance for Defendant 7-Eleven, Inc. by John Aaron Hughes (Hughes, John) |
| Filing 13 ATTORNEY Appearance for Defendant 7-Eleven, Inc. by Norman Mitchell Leon (Leon, Norman) |
| Filing 12 SUMMONS Returned Executed by Niral Patel as to 7-Eleven, Inc. on 10/22/2018, answer due 11/13/2018. (Manewith, Bradley) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: Application by Michelle Cassorla to appear pro hac vice #9 on behalf of Plaintiff Patel is granted.Emailed notice (slb, ) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: Application by Shannon Liss-Riordan to appear pro hac vice #8 on behalf of Plaintiff Patel is granted.Emailed notice (slb, ) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15088651. (Cassorla, Michelle) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15088628. (Liss-Riordan, Shannon) |
| Filing 7 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. (aee, ) |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 12/11/2018 at 8:30 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 5 MINUTE entry before the Honorable Edmond E. Chang: The Court has reviewed the complaint, R. 1, and issues the following jurisdictional inquiry. Plaintiff relies on diversity jurisdiction, 28 U.S.C. 1332, for subject matter jurisdiction. R. 1 para. 9. Plaintiff alleges that Defendant 7-Eleven is a corporation organized in Texas with its principal place of business in Texas. Id. para. 7. But the complaint alleges that the Plaintiff is a "resident" of Chicago, Illinois. Id. para. 5. Plaintiff has failed to properly allege subject matter jurisdiction because the *citizenship* of the parties, as distinct from *residency,* is what matters. Hunter v. Amin, 583 F.3d 486, 491 (7th Cir. 2009). Plaintiff should be prepared at the first status hearing to verify that he is a citizen of Illinois. Id. para. 5.Emailed notice (slb, ) |
| SUMMONS Issued as to Defendant 7-Eleven, Inc. (jjr, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Niral Patel by Marc J. Siegel (Siegel, Marc) |
| Filing 3 ATTORNEY Appearance for Plaintiff Niral Patel by Bradley S Manewith (Manewith, Bradley) |
| Filing 2 CIVIL Cover Sheet (Manewith, Bradley) |
| Filing 1 COMPLAINT filed by Niral Patel; Filing fee $ 400, receipt number 0752-15079720.(Manewith, Bradley) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. (jjr, ) |
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| Plaintiff: Niral Patel | |
| Represented By: | Marc J. Siegel |
| Represented By: | Bradley S Manewith |
| Represented By: | Michelle Cassorla |
| Represented By: | Shannon E Liss-Riordan |
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| Defendant: 7-Eleven, Inc. | |
| Represented By: | John Aaron Hughes |
| Represented By: | Norman Mitchell Leon |
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