Mitchell v. Philip Morris USA Inc. et al
| SYDNEY M. MITCHELL and Sydney M Mitchell |
| 87 SOUTH ROTHSCHILD LIQUORS, INC. D/B/A ROTHSCHILD LIQUOR MARTS, 87TH FOOD BASKET, INC. D/B/A PARADISE SUPERMARKET, R.J. REYNOLDS TOBACCO COMPANY, LIGGETT GROUP LLC, WALGREEN, CO., HOLLYWOOD FOOD MARKET, INC., PHILIP MORRIS USA INC., 87 South Rothschild Liquors, Inc., 87th Food Basket, Inc., 87 South Rothschild Liquors, Inc. doing business as Rothchild Liquor Marts and 87th Food Basket, Inc. doing business as Paradise Supermarket |
| 1:2018cv07739 |
| November 20, 2018 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on April 24, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 86 ENTERED JUDGMENT Mailed notice(gel, ) |
| Filing 85 MEMORANDUM Opinion and Order Signed by the Honorable John Robert Blakey on 4/24/2019. Mailed notice(gel, ) |
| Filing 84 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 4/24/19. For the reasons explained in the accompanying memorandum opinion and order, Plaintiff's motion to remand #40 is granted. Defendants' motions to dismiss #61 #64 are denied as moot, and Defendant's motion for joinder #78 is denied as moot. The Clerk is directed to remand this case to the Circuit Court of Cook County. All dates and deadlines are stricken. Civil case terminated. Mailed notice (gel, ) |
| Filing 83 ATTORNEY Appearance for Plaintiff Sydney M Mitchell by David Robert Nordwall (Nordwall, David) |
| Filing 82 MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the motion hearing previously set for 3/26/19 is stricken and reset for 4/24/19 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 81 TRANSCRIPT OF PROCEEDINGS held on January 8, 2019, before the Honorable John Robert Blakey. Order Number: 33476. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@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 4/4/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/12/2019. (Lacien, Laura) |
| Filing 80 TRANSCRIPT OF PROCEEDINGS held on December 6, 2018, before the Honorable John Robert Blakey. Order Number: 33379. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@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 4/4/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/12/2019. (Lacien, Laura) |
| Filing 79 REPLY by Defendant Walgreen, Co. to Response #69 Reply Memorandum In Support of Walgreens' Motion to Dismiss (Walker, Jihan) |
| Filing 78 MOTION by Defendant Liggett Group LLC for joinder IN PHILIP MORRIS USA INC. AND R.J. REYNOLDS TOBACCO COMPANYS REPLY MEMORANDUM IN SUPPORT OF PARTIAL MOTION TO DISMISS (Sax, George) |
| Filing 77 REPLY by Defendants Philip Morris USA Inc., R.J. Reynolds Tobacco Company to Response #70 / REPLY MEMORANDUM IN SUPPORT OF PHILIP MORRIS USA INC. AND R.J. REYNOLDS TOBACCO COMPANY'S PARTIAL MOTION TO DISMISS (Mika, Caitlin) |
| Filing 76 MINUTE entry before the Honorable John Robert Blakey: Davide Menichetti's motion for pro hac vice #71 is granted. Mailed notice (gel, ) |
| Filing 75 SUR-REPLY by Defendants Liggett Group LLC, Philip Morris USA Inc., R.J. Reynolds Tobacco Company, Walgreen, Co. to motion to remand #40 / DEFENDANTS PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, LIGGETT GROUP LLC, AND WALGREEN CO.'S SURREPLY IN OPPOSITION TO PLAINTIFF'S MOTION FOR REMAND (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Mika, Caitlin) |
| Filing 74 MINUTE entry before the Honorable John Robert Blakey: Defendants' motion for leave to file a surreply in opposition to Plaintiff's motion for remand #72 is granted, and Defendants are directed to file the proposed surreply as a separate docket entry. The 3/7/19 notice of motion date is stricken, and the parties need not appear. Mailed notice (gel, ) |
| Filing 73 NOTICE of Motion by Caitlin Martini Mika for presentment of motion for leave to file, #72 before Honorable John Robert Blakey on 3/7/2019 at 09:45 AM. (Mika, Caitlin) |
| Filing 72 MOTION by Defendants Liggett Group LLC, Philip Morris USA Inc., R.J. Reynolds Tobacco Company, Walgreen, Co. for leave to file / DEFENDANTS PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY, LIGGETT GROUP LLC, AND WALGREEN CO.'S MOTION INSTANTER FOR LEAVE TO FILE SURREPLY BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR REMAND #40 (Mika, Caitlin) |
| Filing 71 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15527675. (Menichetti, David) |
| Filing 70 RESPONSE by Plaintiff Sydney M Mitchell to Defendant Philip Morris USA Inc., R.J. Reynolds Tobacco Company and Liggett Group LLC's Motion to Dismiss Counts III-VI (Brown, Craig) |
| Filing 69 RESPONSE by Plaintiff Sydney M Mitchell to Defendant Walgreen Co's Motion to Dismiss the Amended Complaint (Attachments: #1 Exhibit 1)(Brown, Craig) |
| Filing 68 REPLY by Plaintiff Sydney M Mitchell in Support of Motion for Remand (Attachments: #1 Exhibit 1)(Brown, Craig) |
| Filing 67 NOTICE of Adoption and Joinder in Philip Morris and RJR's Partial Motion to Dismiss #64 and Memorandum of Law in Support of Partial Motion to Dismiss #65 by Liggett Group LLC (Scharf, Stephanie) (Docket Text Modified by Clerks Office) (ew, ). |
| Filing 66 NOTICE by Philip Morris USA Inc., R.J. Reynolds Tobacco Company re MOTION by Defendants R.J. Reynolds Tobacco Company, Philip Morris USA Inc. to dismiss / DEFENDANTS PHILIP MORRIS USA INC. AND R.J. REYNOLDS TOBACCO COMPANY'S PARTIAL MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT #64 (Mika, Caitlin) |
| Filing 65 MEMORANDUM by Philip Morris USA Inc., R.J. Reynolds Tobacco Company in support of motion to dismiss, #64 (Mika, Caitlin) |
| Filing 64 MOTION by Defendants R.J. Reynolds Tobacco Company, Philip Morris USA Inc. to dismiss / DEFENDANTS PHILIP MORRIS USA INC. AND R.J. REYNOLDS TOBACCO COMPANY'S PARTIAL MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT (Mika, Caitlin) |
| Filing 63 NOTICE of Motion by Jihan Elearah Walker for presentment of motion to dismiss #61 before Honorable John Robert Blakey on 3/26/2019 at 09:45 AM. (Walker, Jihan) |
| Filing 62 MEMORANDUM by Walgreen, Co. in support of motion to dismiss #61 (Walker, Jihan) |
| Filing 61 MOTION by Defendant Walgreen, Co. to dismiss (Walker, Jihan) |
| Filing 60 RESPONSE by Liggett Group LLC, Philip Morris USA Inc., R.J. Reynolds Tobacco Company, Walgreen, Co.in Opposition to MOTION by Plaintiff Sydney M Mitchell to remand #40 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Mika, Caitlin) |
| Filing 59 MINUTE entry before the Honorable John Robert Blakey: Defendants' unopposed motion for leave to file a joint opposition and to file an oversized brief #57 is granted. Defendants may file a joint opposition of up to 30 pages. The 1/24/19 Notice of Motion date is stricken, and the parties need not appear. Mailed notice (gel, ) |
| Filing 58 NOTICE of Motion by Caitlin Martini Mika for presentment of motion for leave to file,, motion for leave to file excess pages, #57 before Honorable John Robert Blakey on 1/24/2019 at 09:45 AM. (Mika, Caitlin) |
| Filing 57 MOTION by Defendants Liggett Group LLC, Philip Morris USA Inc., R.J. Reynolds Tobacco Company, Walgreen, Co. for leave to file a Joint Opposition to Plaintiff's Motion for Remand, MOTION by Defendants Liggett Group LLC, Philip Morris USA Inc., R.J. Reynolds Tobacco Company, Walgreen, Co. for leave to file excess pages (Mika, Caitlin) |
| Filing 56 ATTORNEY Appearance for Defendant Walgreen, Co. by Matthew E. Papez (Papez, Matthew) |
| Filing 55 MINUTE entry before the Honorable John Robert Blakey: Status and motion hearing held on 1/8/2019. Matthew Papez's oral motion for leave to file an appearance on behalf of Walgreen, Co. is granted without objection. Plaintiff's motion to remand #40 is briefed as follows; response shall be filed on or before 2/8/2019; reply shall be filed on or before 2/22/2019. Any motion to dismiss shall be filed on or before 2/8/2019; response shall be filed on or before 2/22/2019; reply shall be filed on or before 3/5/2019. Motion hearing set for 3/26/2019 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 54 ATTORNEY Appearance for Defendant R.J. Reynolds Tobacco Company by Matthew E. Papez (Papez, Matthew) |
| Filing 53 ATTORNEY Appearance for Plaintiff Sydney M Mitchell by Jonathan Peter Mincieli (Mincieli, Jonathan) |
| Filing 52 AMENDED complaint by Sydney M Mitchell against Liggett Group LLC, Philip Morris USA Inc., R.J. Reynolds Tobacco Company, Walgreen, Co. and terminating Hollywood Food Market, Inc., 87 South Rothschild Liquors, Inc. and 87th Food Basket, Inc. (Brown, Craig) |
| Filing 51 CERTIFICATE of Service Plaintiff's Mandatory Initial Discovery Pilot Project Answers by Craig Daniel Brown on behalf of Sydney M Mitchell (Brown, Craig) |
| Filing 50 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendant Walgreen, Co.. (Walker, Jihan) |
| Filing 49 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendant R.J. Reynolds Tobacco Company. (Walker, Jihan) |
| Filing 48 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendant Philip Morris USA Inc.. (Arnold, Keri) |
| Filing 47 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) / RULE 26(f) JOINT INITIAL STATUS REPORT, filed by Defendant Philip Morris USA Inc.. (Arnold, Keri) |
| Filing 46 ATTORNEY Appearance for Plaintiff Sydney M Mitchell by Nicholas Reyes (Reyes, Nicholas) |
| Filing 45 ATTORNEY Appearance for Plaintiff Sydney M Mitchell by Michael Anthony Alvarez (Alvarez, Michael) |
| Filing 44 ATTORNEY Appearance for Plaintiff Sydney M Mitchell by Phillip Edward Holden (Holden, Phillip) |
| Filing 43 ATTORNEY Appearance for Plaintiff Sydney M Mitchell by Alex Alvarez (Alvarez, Alex) |
| Filing 42 MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the status hearing previously set for 1/10/2019 is reset for 1/8/2019 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 41 NOTICE of Motion by Craig Daniel Brown for presentment of motion to remand #40 before Honorable John Robert Blakey on 1/8/2019 at 09:45 AM. (Brown, Craig) |
| Filing 40 MOTION by Plaintiff Sydney M Mitchell to remand (Brown, Craig) |
| Filing 39 MINUTE entry before the Honorable John Robert Blakey: Attorney Valandis Vrakas' motion to withdraw as attorney #36 is granted. Matthew E. Papez's motion for leave to appear pro hac vice #38 is granted. Motion hearing set for 1/8/2019, is stricken. Mailed notice (gel, ) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15275681. (Papez, Matthew) |
| Filing 37 NOTICE of Motion by Valandis Vrakas for presentment of motion to withdraw as attorney #36 before Honorable John Robert Blakey on 1/8/2019 at 09:45 AM. (Vrakas, Valandis) |
| Filing 36 MOTION by Attorney Valandis Vrakas to withdraw as attorney for Walgreen, Co.. No party information provided (Vrakas, Valandis) |
| Filing 35 ATTORNEY Appearance for Defendant Walgreen, Co. by Jihan Elearah Walker (Walker, Jihan) |
| Filing 34 ATTORNEY Appearance for Defendant Walgreen, Co. by Jose Antonio Isasi, II (Isasi, Jose) |
| Filing 33 MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 12/6/2018. Oral motion for leave to file amended complaint is granted. Amended complaint shall be filed on or before 1/3/2019. Defendants' motions to dismiss #23 , #26 and #30 are denied without prejudice. Oral motion to extend deadline to file joint status report is granted and shall be filed on or before 1/3/2019. Status hearing previously set for 1/10/2019, to stand. Defendant shall advise the Court if they are going to file an answer, or a renewed motion to dismiss, at the next hearing. Mailed notice (gel, ) |
| Filing 32 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendant Liggett Group LLC. (Luther, Kelly Anne) |
| Filing 31 MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Defendant's motions to dismiss #23 , #26 and #30 . Plaintiff is advised to review the Court's standing order on Motions to Dismiss, which is available on the Court's homepage at www.ilnd.uscourts.gov. The Court's Order requires Plaintiff to make an election as to whether he/she will amend the complaint or stand on the current complaint and proceed with briefing on the motion to dismiss. Defendant's motion to dismiss #23 , #26 and #30 are set for 12/6/2018. Plaintiff shall be prepared to make an election regarding Defendant's motion to dismiss at the next hearing. Mailed notice (gel, ) |
| Filing 30 MOTION by Defendant Liggett Group LLC to dismiss (Joinder) (Luther, Kelly Anne) |
| Filing 29 NOTICE of Motion by Valandis Vrakas for presentment of motion to dismiss #23 before Honorable John Robert Blakey on 12/6/2018 at 09:45 AM. (Vrakas, Valandis) |
| Filing 28 MEMORANDUM by Philip Morris USA Inc., R.J. Reynolds Tobacco Company in support of motion to dismiss #26 (Walker, Jihan) |
| Filing 27 NOTICE of Motion by Jihan Elearah Walker for presentment of motion to dismiss #26 before Honorable John Robert Blakey on 12/6/2018 at 09:45 AM. (Walker, Jihan) |
| Filing 26 MOTION by Defendants R.J. Reynolds Tobacco Company, Philip Morris USA Inc. to dismiss Defendants Philip Morris USA Inc. and R.J. Reynolds Tobacco Company's Partial Motion to Dismiss (Walker, Jihan) |
| Filing 25 ANSWER to Complaint with Jury Demand by R.J. Reynolds Tobacco Company(Walker, Jihan) |
| Filing 24 MEMORANDUM by Walgreen, Co. in support of motion to dismiss #23 (Vrakas, Valandis) |
| Filing 23 MOTION by Defendant Walgreen, Co. to dismiss (Vrakas, Valandis) |
| Filing 22 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Walgreen, Co.(Vrakas, Valandis) |
| Filing 21 Corporate Disclosure Statement of Walgreen Co. - Rule 7.1 STATEMENT by Walgreen, Co. (Vrakas, Valandis) |
| Filing 20 ATTORNEY Appearance for Defendant Walgreen, Co. by Valandis Vrakas (Vrakas, Valandis) |
| Filing 19 ANSWER to Complaint with Jury Demand by Liggett Group LLC(Luther, Kelly Anne) |
| Filing 18 ANSWER to Complaint with Jury Demand by Philip Morris USA Inc.(Mika, Caitlin) |
| Filing 17 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. Pursuant to General Order 17-0005, this case falls within the Mandatory Initial Discovery Pilot (MIDP) Project, and the "Standing Order in MIDP Cases" now governs the conduct of the litigants in this matter. Under the MIDP, this Court shall enforce the MIDP Standing Order via the Court's inherent authority (including the contempt of court power) and the Federal Rules of Civil Procedure. Consequently, both the parties and their attorneys are hereby ordered to review and fully comply with the MIDP Standing Order, which is available on the Court's homepage: http://www.ilnd.uscourts.gov/_assets/_documents/MIDP%20Standing%20Order.pdf. The parties are further advised that in light of the MIDP's intended goal of reducing the traditional cost and delay of federal civil litigation, this Court will not grant routine motions for extensions of time to meet the deadlines imposed by the MIDP Standing Order (even agreed motions made jointly by the parties). During the course of the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are further ordered to review and fully comply with all of this Courts own standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 1/10/2019 at 9:45 a.m. in Courtroom 1203. At the status conference, the Court will discuss the MIDP and ask the parties questions to verify that they have reviewed and complied with the MIDP Standing Order. Without exception, the parties must also file a status report no later than 1/1/2019, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Keri Arnold and Jason Ross' motions to appear pro hac vice #9 and #10 are granted. Mailed notice (gel, ) |
| Filing 16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by R.J. Reynolds Tobacco Company (Walker, Jihan) |
| Filing 15 ATTORNEY Appearance for Defendant R.J. Reynolds Tobacco Company by Jihan Elearah Walker (Walker, Jihan) |
| Filing 14 ATTORNEY Appearance for Defendant R.J. Reynolds Tobacco Company by Jose Antonio Isasi, II (Isasi, Jose) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Liggett Group LLC (Luther, Kelly Anne) |
| Filing 12 ATTORNEY Appearance for Defendant Liggett Group LLC by Kelly Anne Elizabeth Luther (Luther, Kelly Anne) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15205335. (Ross, Jason) |
| Filing 10 ATTORNEY Appearance for Defendant Liggett Group LLC by Maria H Ruiz (Ruiz, Maria) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15205195. (Arnold, Keri) |
| Filing 8 MAILED Notice of Removal letter to counsel of record. (ek, ) |
| 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. (ek, ) |
| Filing 6 ATTORNEY Appearance for Defendant LIGGETT GROUP LLC by George D Sax (Sax, George) |
| Filing 5 ATTORNEY Appearance for Defendant LIGGETT GROUP LLC by Stephanie Ann Scharf (Scharf, Stephanie) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by PHILIP MORRIS USA INC. (Mika, Caitlin) |
| Filing 3 ATTORNEY Appearance for Defendant PHILIP MORRIS USA INC. by Caitlin Martini Mika (Mika, Caitlin) |
| Filing 2 CIVIL Cover Sheet (Mika, Caitlin) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2018L011336) filed by LIGGETT GROUP LLC, PHILIP MORRIS USA INC., R.J. REYNOLDS TOBACCO COMPANY Filing fee $ 400, receipt number 0752-15202625. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Mika, Caitlin) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (pj, ) |
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