McGinnis v. United States Cold Storage, Inc.
Plaintiff: Richard McGinnis
Defendant: United States Cold Storage, Inc.
Case Number: 1:2019cv00845
Filed: February 8, 2019
Court: US District Court for the Northern District of Illinois
Presiding Judge: Edmond E Chang
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on December 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2019 Filing 30 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion #27 to file corrected version of the motion #25 to vacate is granted. R. 27-1 stands as the corrected motion; there is no need to file the document separately. The motion to vacate and for jurisdictional discovery is granted in part and denied in part. First, there is no need for jurisdictional discovery because Defendant has not disputed the allegation that there was a disclosure to its non-party vendor, and indeed premised its notice of removal and the Article III standing argument on it. (If Plaintiff had not included the allegation in Paragraph 21 of the complaint, almost surely there would have been no basis for Article III standing (the statutory dispute over who is "aggrieved" is a different issue). But the allegation was included, and here we are.) Second, on review of Plaintiff's motion and the defense response, the better course is to pause briefing on the statute-of-limitations and IWCA-preclusion arguments until after jurisdiction is resolved. Defendant's response, R. 29, to the motion to vacate stands as its response to the Article III and diversity-jurisdiction arguments. Plaintiff shall reply to the Article III and diversity-jurisdiction arguments by 04/15/2019. In light of how the briefing developed, Defendant may file a response to the reply by 04/29/2019. The status hearing of 05/07/2019 remains in place.Emailed notice (slb, )
March 27, 2019 Filing 29 RESPONSE by United States Cold Storage, Inc.in Opposition to MOTION by Plaintiff Richard McGinnis to vacate briefing schedule (D.E.24)MOTION by Plaintiff Richard McGinnis to remand (renewed), or in the alternativeMOTION by Plaintiff Richard McGinnis for discovery (immediate jurisdictional discovery) #25 (Larson, Anne)
March 22, 2019 Filing 28 NOTICE of Motion by Lorraine Teraldico Peeters for presentment of motion to file instanter #27 before Honorable Edmond E. Chang on 3/28/2019 at 08:30 AM. (Peeters, Lorraine)
March 22, 2019 Filing 27 MOTION by Plaintiff Richard McGinnis to file instanter corrected version of motion (UNOPPOSED) (Attachments: #1 Exhibit Corrected Motion)(Peeters, Lorraine)
March 22, 2019 Filing 26 NOTICE of Motion by Lorraine Teraldico Peeters for presentment of motion to vacate,, motion to remand,, motion for discovery, #25 before Honorable Edmond E. Chang on 3/28/2019 at 08:30 AM. (Peeters, Lorraine)
March 22, 2019 Filing 25 MOTION by Plaintiff Richard McGinnis to vacate briefing schedule (D.E.24), MOTION by Plaintiff Richard McGinnis to remand (renewed), or in the alternative, MOTION by Plaintiff Richard McGinnis for discovery (immediate jurisdictional discovery) (Attachments: #1 Unreported cases)(Peeters, Lorraine)
March 20, 2019 Filing 24 MINUTE entry before the Honorable Edmond E. Chang: Defendant's motion #19 for excess pages is granted. On Defendant's motion #21 to dismiss, Plaintiff's response is due by 04/15/2019. Plaintiff shall address in the response whether Plaintiff agrees that there is Article III standing, as argued in Defendant's notice of removal, R. 4. Plaintiff may include any appropriate cross-motion in the response, if Plaintiff still seeks remand to state court. (Plaintiff may move for any reasonable number of extra pages.) Defendant's reply, combined with a response to any cross-motion, is due by 04/29/2019. The status hearing of 04/03/2019 is reset to 05/07/2019 at 10:30 a.m. Emailed notice (slb, )
March 18, 2019 Filing 23 NOTICE of Motion by Anne E. Larson for presentment of Motion to Dismiss for Failure to State a Claim #21 before Honorable Edmond E. Chang on 3/21/2019 at 08:30 AM. (Larson, Anne)
March 18, 2019 Filing 22 MEMORANDUM by United States Cold Storage, Inc. in support of Motion to Dismiss for Failure to State a Claim #21 (Larson, Anne)
March 18, 2019 Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant United States Cold Storage, Inc. (Larson, Anne)
March 18, 2019 Filing 20 (Unopposed) NOTICE of Motion by Anne E. Larson for presentment of motion for leave to file excess pages #19 before Honorable Edmond E. Chang on 3/21/2019 at 08:30 AM. (Larson, Anne)
March 18, 2019 Filing 19 MOTION by Defendant United States Cold Storage, Inc. for leave to file excess pages (Unopposed) (Larson, Anne)
February 22, 2019 Filing 18 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion #13 to remand or for immediate discovery is terminated without prejudice. Defendant's answer or responsive pleading should illuminate the propriety of what is sought in the motion. After Defendant's answer or responsive pleading is filed, then Plaintiff may renew the motion (or if Defendant files a motion, the arguments may be incorporated into the response to Defendant's filing, and a sur-reply might be warranted too). Emailed notice (slb, )
February 21, 2019 Filing 17 ATTORNEY Appearance for Plaintiff Richard McGinnis by Alejandro Caffarelli (Caffarelli, Alejandro)
February 21, 2019 Filing 16 ATTORNEY Appearance for Plaintiff Richard McGinnis by Lorraine Teraldico Peeters (Peeters, Lorraine)
February 21, 2019 Filing 15 ATTORNEY Appearance for Plaintiff Richard McGinnis by Alexis D Martin (Martin, Alexis)
February 20, 2019 Filing 14 NOTICE of Motion by Lorraine Teraldico Peeters for presentment of motion to remand #13 before Honorable Edmond E. Chang on 2/26/2019 at 08:30 AM. (Peeters, Lorraine)
February 20, 2019 Filing 13 MOTION by Plaintiff Richard McGinnis to remand or in the alternative for immediate jurisdictional discovery (Attachments: #1 Exhibit A, #2 Unreported cases)(Peeters, Lorraine)
February 19, 2019 Filing 12 MINUTE entry before the Honorable Edmond E. Chang: Defendant's unopposed extension motion #10 to answer or respond is granted to 03/18/2019. The joint initial status hearing and status report requirements remain in place. Emailed notice (slb, )
February 15, 2019 Filing 11 (Unopposed) NOTICE of Motion by Anne E. Larson for presentment of extension of time #10 before Honorable Edmond E. Chang on 2/20/2019 at 08:30 AM. (Larson, Anne)
February 15, 2019 Filing 10 MOTION by Defendant United States Cold Storage, Inc. for extension of time to responsively plead (Unopposed) (Attachments: #1 Exhibit A)(Larson, Anne)
February 12, 2019 Filing 9 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 04/03/2019 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, )
February 11, 2019 Filing 8 MAILED Notice of Removal letter to counsel of record. (aee, )
February 11, 2019 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. (yap, )
February 11, 2019 Filing 6 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, )
February 11, 2019 Filing 5 CIVIL Cover Sheet (Larson, Anne)
February 11, 2019 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Direct assignment. (pj, )
February 8, 2019 Filing 4 NOTICE of Removal from Circuit Court of Will County, case number (19L09) filed by United States Cold Storage, Inc. Filing fee $ 400, receipt number 0752-15469653. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Larson, Anne)
February 8, 2019 Filing 3 PAYMENT of Filing fee $ 400, receipt number 0752-15469601. (Larson, Anne)
February 8, 2019 Filing 2 ATTORNEY Appearance for Defendant United States Cold Storage, Inc. by Goli Rahimi (Rahimi, Goli)
February 8, 2019 Filing 1 ATTORNEY Appearance for Defendant United States Cold Storage, Inc. by Anne E. Larson (Larson, Anne)

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Plaintiff: Richard McGinnis
Represented By: Alejandro Caffarelli
Represented By: Lorraine Teraldico Peeters
Represented By: Alexis D Martin
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Defendant: United States Cold Storage, Inc.
Represented By: Anne E. Larson
Represented By: Goli Rahimi
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