Block et al v. Red Lobster Management LLC
| Christopher Block and Michael G Murphy |
| Red Lobster Management LLC, Red Lobster Restaurants, LLC and Red Lobster Hospitality, LLC |
| 1:2019cv01434 |
| February 27, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12101 |
| None |
Docket Report
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| Filing 54 MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the parties' stipulation of dismissal #53 , under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the case is dismissed with prejudice, each side to bear its own fees and costs. Status hearing of 03/23/2020 is vacated. Civil case terminated. Mailed notice (mw, ) |
| Filing 53 STIPULATION of Dismissal (Sweet, Benjamin) |
| Filing 52 STATUS Report (Joint) by Red Lobster Hospitality, LLC, Red Lobster Restaurants, LLC (Hewitt, Melissa) |
| Filing 51 Notice of Settlement by Christopher Block, Michael G Murphy (York, Adam) |
| Filing 50 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held. Plaintiffs' agreed motion for leave to file Second Amended Complaint #48 is granted. Plaintiff instructed to file the Second Amended Complaint on the docket as a separate document. Defendants' answer is due by 03/04/2020. Counsel reported that they have issued discovery requests but have paused the responses because they have engaged in productive settlement discussions. Rule 30(b)(6) depositions are scheduled for 03/04/2020. Fact discovery deadline of 05/26/2020 to stand. By 03/02/2020, the parties shall file a joint status report reporting on the posture of the settlement (including whether it will be on an individual basis or class basis). Status hearing set for 03/23/2020 at 9:15 a.m.Mailed notice (mw, ) |
| Filing 49 NOTICE of Motion by Benjamin J. Sweet for presentment of motion for miscellaneous relief #48 before Honorable Edmond E. Chang on 2/4/2020 at 09:15 AM. (Sweet, Benjamin) |
| Filing 48 MOTION by Plaintiffs Christopher Block, Michael G Murphy to Allow Plaintiffs to File Second Amended Nationwide Class Action Complaint (Attachments: #1 Exhibit A)(Sweet, Benjamin) |
| Filing 47 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. The Court discussed the first phase of fact discovery: discovery on the merits of the two named Plaintiffs' individual claims and the propriety of class certification. The fact discovery deadline is extended to 05/26/2020. If Defendant has an employee who will supply expert testimony under Rule 26(a)(2)(C), then any summary under that Rule shall be disclosed by 03/02/2020. Status hearing set for 02/04/2020 at 9:15 a.m. Mailed notice (mw, ) |
| Filing 46 CERTIFICATE of Service of First Set of Discovery Requests to Plaintiffs by Melissa M Hewitt on behalf of Red Lobster Hospitality, LLC, Red Lobster Restaurants, LLC (Hewitt, Melissa) |
| Filing 45 ANSWER to amended complaint by Red Lobster Hospitality, LLC, Red Lobster Restaurants, LLC(Hewitt, Melissa) |
| Filing 44 First AMENDED complaint by Christopher Block, Michael G Murphy against Red Lobster Restaurants, LLC, Red Lobster Hospitality, LLC and terminating Red Lobster Management LLC (York, Adam) |
| Filing 43 MINUTE entry before the Honorable Edmond E. Chang: On review of the stipulation to file first amended complaint, R. 42, it would have been much better had the parties filed an unopposed motion to amend the complaint and noticed it for presentment. Now, over six weeks have gone by. Plaintiffs shall promptly file the amended complaint as a separate docket entry. Defendants' answer is due by 11/22/2019. The parties shall serve the first-round of written discovery requests no later than 11/22/2019. The prior motion #21 to dismiss is terminated without prejudice. The status hearing of 10/24/2019 is reset to 12/16/2019 at 10:00 AM.Emailed notice (slb, ) |
| Filing 42 STIPULATION TO ALLOW PLAINTIFFS TO FILE FIRST AMENDED NATIONWIDE CLASS ACTION COMPLAINT (Attachments: #1 Text of Proposed Order, #2 Exhibit A (Proposed First Amended Complaint))(Sweet, Benjamin) |
| Filing 41 MINUTE entry before the Honorable Edmond E. Chang: Defendant's unopposed extension motion #39 to respond to the complaint and issue discovery is granted to 09/10/2019. Emailed notice (slb, ) |
| Filing 40 NOTICE of Motion by Melissa M Hewitt for presentment of extension of time #39 before Honorable Edmond E. Chang on 9/5/2019 at 08:30 AM. (Hewitt, Melissa) |
| Filing 39 MOTION by Defendant Red Lobster Management LLC for extension of time to Answer Complaint and Issue Discovery (Hewitt, Melissa) |
| Filing 38 MINUTE entry before the Honorable Edmond E. Chang: Motion by Attorney John C. McIlwee to withdraw as attorney for Red Lobster Management #34 is granted. Emailed notice (slb, ) |
| Filing 37 TRANSCRIPT OF PROCEEDINGS held on 8-6-19 before the Honorable Edmond E. Chang. Order Number: 35671. Court Reporter Contact Information: Sandra M. Mullin, Sandra_Mullin@ilnd.uscourts.gov, 312-554-8244. 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 9/9/2019. Redacted Transcript Deadline set for 9/19/2019. Release of Transcript Restriction set for 11/18/2019. (Mullin, Sandra) |
| Filing 36 REPLY by Defendant Red Lobster Management LLC to memorandum in opposition to motion #28 (Hewitt, Melissa) |
| Filing 35 NOTICE of Motion by John Conlaeth McIlwee for presentment of motion to withdraw as attorney #34 before Honorable Edmond E. Chang on 8/27/2019 at 08:30 AM. (McIlwee, John) |
| Filing 34 MOTION by Attorney John C. McIlwee to withdraw as attorney for Red Lobster Management LLC. No party information provided (McIlwee, John) |
| Filing 33 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. As discussed during the hearing (and previewed during the prior hearing), the defense's standing argument appears to be insubstantial and the motion to strike class allegations is not likely to succeed (Defendant is welcome to still file the reply as already scheduled and the Court will issue a final decision on it). In light of that assessment, Defendant's answer to the complaint due 09/03/2019. The first-round of written discovery to shall issue no later than 09/03/2019. Fact discovery shall close on 04/13/2020 on the merits of Plaintiffs' individual claims and the propriety of class certification. The Court admonished Plaintiffs to make reasonable concessions on the scope of the class definition, as previously discussed. Rule 16(b) deadline to add parties or amend pleadings is 01/27/2020. Non-party subpoenas must be served by 12/16/2019. Good cause (e.g., genuine surprise) would be required to serve non-party subpoenas after that deadline. Status hearing set for 10/24/2019 at 10 a.m.Emailed notice (slb, ) |
| Filing 32 MINUTE entry before the Honorable Edmond E. Chang:Motion by Jonathan Miller to appear pro hac vice #31 is granted. Emailed notice (slb, ) |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16102618. (Miller, Jonathan) |
| Filing 30 CERTIFICATE of Service of Plaintiffs' Mandatory Initial Discovery Responses by Benjamin J. Sweet on behalf of Christopher Block, Michael G Murphy (Sweet, Benjamin) |
| Filing 29 CERTIFICATE of Service of Responses to Mandatory Initial Discovery by Melissa M Hewitt on behalf of Red Lobster Management LLC (Hewitt, Melissa) |
| Filing 28 MEMORANDUM by Christopher Block, Michael G Murphy in Opposition to motion to strike #21 (Sweet, Benjamin) |
| Filing 27 MINUTE entry before the Honorable Edmond E. Chang: Defense counsel called chambers, without objection from Plaintiff, to request a one-week extension on the MID deadline. The request is granted, but ideally the parties will plan ahead next time so that a timely extension motion can be filed to make a request rather than by calling chambers. Mailed notice (ags, ) |
| Filing 26 STATUS Report Joint Initial Status Report by Christopher Block, Michael G Murphy (Sweet, Benjamin) |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Defendant's motion to strike class allegations and dismiss Plaintiffs' Complaint #21 . The Court detailed its preliminary thoughts on the motion. It is much more likely that the arguments set forth in the motion are suited to the post-pleading discovery phase, because the Class Definition is readily modifiable, for example, to wheelchair mobility and excessive slopes. And there is an allegation (not yet proven, but plausibly alleged) of centralized construction and maintenance policies and procedures. The parties shall confer further, but in any event Plaintiffs' response to the motion #21 due 07/22/2019. Defendant's reply is due by 08/16/2019. The status hearing of 07/10/2019 is reset to 08/06/2019 at 9 a.m.Emailed notice (slb, ) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the notice of presentment on the dismissal motion #21 is reset from 8:30 a.m. to 8:45 a.m. on the same date, 06/25/2019. Emailed notice (slb, ) |
| Filing 23 NOTICE of Motion by Melissa M Hewitt for presentment of motion to strike #21 before Honorable Edmond E. Chang on 6/25/2019 at 08:30 AM. (Hewitt, Melissa) |
| Filing 22 MEMORANDUM by Red Lobster Management LLC in support of motion to strike #21 and Dismiss Complaint (Hewitt, Melissa) |
| Filing 21 MOTION by Defendant Red Lobster Management LLC to strike complaint #1 and Dismiss Complaint (Hewitt, Melissa) |
| Filing 20 NOTICE by Melissa M Hewitt of Change of Address (Hewitt, Melissa) |
| Filing 19 NOTICE by John Conlaeth McIlwee of Change of Address (McIlwee, John) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang:Application by Benjamin J. Sweet to appear pro hac vice #17 is granted.Emailed notice (slb, ) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15790782. for Plaintiffs (Sweet, Benjamin) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: Application by Joyce Ackerbaum Cox to appear pro hac vice #15 on behalf of Defendant is granted.Emailed notice (slb, ) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15771247. (Ackerbaum Cox, Joyce) |
| Filing 14 MINUTE entry before the Honorable Edmond E. Chang: Defendant's extension motion #12 to answer is granted to 06/17/2019. The joint initial joint status report is due by 06/27/2019. The status hearing of 06/10/2019 is reset to 07/10/2019 at 8:30 a.m. (NOTE: not the date and time listed in the motion). Mandatory Initial Discovery disclosures are due by 07/17/2019.Emailed notice (slb, ) |
| Filing 13 NOTICE of Motion by John Conlaeth McIlwee for presentment of extension of time #12 before Honorable Edmond E. Chang on 4/25/2019 at 09:30 AM. (McIlwee, John) |
| Filing 12 MOTION by Defendant Red Lobster Management LLC for extension of time to Extend Deadlines (Agreed) (McIlwee, John) |
| Filing 11 ATTORNEY Appearance for Defendant Red Lobster Management LLC by Melissa M Hewitt (Hewitt, Melissa) |
| Filing 10 ATTORNEY Appearance for Defendant Red Lobster Management LLC by John Conlaeth McIlwee (McIlwee, John) |
| Filing 9 SUMMONS Returned Executed by Christopher Block, Michael G Murphy as to Red Lobster Management LLC on 4/11/2019, answer due 5/2/2019. (York, Adam) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, the status hearing of 04/19/2019 is reset to 06/10/2019 at 9:30 a.m. That is after the 90-day service period, so Plaintiff should earnestly continue the service efforts. Another status report is due by 06/03/2019. Emailed notice (slb, ) |
| Filing 7 STATUS Report Plaintiffs' Initial Status Report by Christopher Block, Michael G Murphy (York, Adam) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Christopher Block, Michael G Murphy by Michael James Aschenbrener (Aschenbrener, Michael) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 04/19/2019 at 9:30 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 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. (lf, ) |
| SUMMONS Issued as to Defendant Red Lobster Management LLC (pj, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Christopher Block, Michael G Murphy by Adam C York (York, Adam) |
| Filing 2 CIVIL Cover Sheet (York, Adam) |
| Filing 1 COMPLAINT Nationwide Class Action Complaint filed by Christopher Block, Michael G Murphy; Filing fee $ 400, receipt number 0752-15533872.(York, Adam) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (jjr, ) |
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