Mahler v. Vitamin Shoppe Industries, Inc.
| Harvey Mahler |
| Vitamin Shoppe Industries, Inc. d/b/a The Vitamin Shoppe and Vitamin Shoppe Industries, Inc. |
| 1:2019cv03848 |
| June 10, 2019 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 15
MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 7/30/19. Any answer or other responsive pleading shall be filed on or before 8/16/2019. Status hearing set for 9/11/2019 at 9:45 a.m. in Courtroom 1203. Plaintiff's counsel is advised to review the Courts 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 will amend his complaint or stand on the current complaint and proceed with briefing on the motion to dismiss. If a motion to dismiss is filed, Plaintiff's counsel shall come to the next court date prepared to make an election. Mailed notice (cc, )
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Filing 14
1st AMENDED complaint by Harvey Mahler against Vitamin Shoppe Industries, Inc. dba The Vitamin Shoppe (Terry, Eric)
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Filing 13
STATUS Report Joint Initial Status Report by Vitamin Shoppe Industries, Inc. (Hennessy, Christopher)
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Filing 12
MINUTE entry before the Honorable John Robert Blakey: Oral motion for leave to amend complaint is granted. Any amended complaint shall be filed on or before 7/29/2019. Defendant's motion to dismiss #8 is denied without prejudice. Motion hearing set for 7/16/2019 is stricken. Initial status hearing previously set for 7/25/2019 is reset for 7/30/2019 at 9:45 a.m. in Courtroom 1203. Initial status report deadline to stand. Mailed notice (gel, )
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Filing 11
MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Defendant's motion to dismiss #8 . Plaintiff is advised to review the Court's standing order on Motions to Dismiss, which is available on the Courts 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. Oral agreed motion to reset motion hearing is granted. Defendant's motion to dismiss #8 is reset to 7/16/2019 at 9:45 am. in Courtroom 1203. Motion hearing date of 6/25/2019 is stricken. Plaintiff shall be prepared to make an election regarding Defendant's motion to dismiss at the next hearing. Mailed notice (gel, )
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Filing 10
NOTICE of Motion by Christopher Sean Hennessy for presentment of Motion to Dismiss for Failure to State a Claim #8 before Honorable John Robert Blakey on 6/25/2019 at 09:45 AM. (Hennessy, Christopher)
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Filing 9
MEMORANDUM by Vitamin Shoppe Industries, Inc. in support of Motion to Dismiss for Failure to State a Claim #8 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hennessy, Christopher)
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Filing 8
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Vitamin Shoppe Industries, Inc. (Hennessy, Christopher)
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Filing 7
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 Standing Order.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 Court's own standing orders, which are available on Judge Blakey's information page on the Courts official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 7/25/2019 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 7/15/2019, 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. Mailed notice (gel, )
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Filing 6
ATTORNEY Appearance for Defendant Vitamin Shoppe Industries, Inc. by Paul K Leary (Leary, Paul)
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Filing 5
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. (jjr, )
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Filing 4
MAILED Notice of Removal letter to Counsel of Record. (jjr, )
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Filing 3
CIVIL Cover Sheet (Hennessy, Christopher)
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Filing 2
ATTORNEY Appearance for Defendant Vitamin Shoppe Industries, Inc. d/b/a The Vitamin Shoppe by Christopher Sean Hennessy (Hennessy, Christopher)
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Filing 1
NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2019L005120) filed by Vitamin Shoppe Industries, Inc. d/b/a The Vitamin Shoppe Filing fee $ 400, receipt number 0752-15911053. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hennessy, Christopher)
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CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (pj, )
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