Davis v. Macy's Retail Holdings, Inc. et al
| Earnest J. Davis |
| Schindler Elevator Corporation |
| Macy's Retail Holdings, Inc. |
| Judith Davis |
| 1:2019cv04112 |
| June 19, 2019 |
| US District Court for the Northern District of Illinois |
| Sunil R Harjani |
| John J Tharp |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 72
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket2, )
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| Filing 71 AGREED CONFIDENTIALITY Order Signed by the Honorable Sunil R. Harjani on 3/24/2020.(rbf, ) |
| Filing 70 MINUTE entry before the Honorable Sunil R. Harjani:Agreed Motion for protective order (confidentiality order) #69 is granted. Enter Agreed Confidentiality Order. (rbf, ) |
| Filing 69 MOTION by Defendant Schindler Elevator Corporation for protective order (Confidentiality) (Attachments: #1 Text of Proposed Order Agreed Confidentiality Order - redlined, #2 Text of Proposed Order Agreed Confidentiality Order - clean)(McGowan, Stephanie) |
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Filing 68
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, )
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| Filing 67 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 3/17/20 is stricken and reset to 4/15/20 at 9:15 a.m. The Court has reviewed the parties' joint status report #64 and the parties are encouraged to keep the deposition dates scheduled as depositions appear to start in late April 2020. Fact discovery closes 6/1/20. Mailed notice (lxs, ) |
| Filing 66 Plaintiffs Response to Def, Schindler, RTP by Earnest J. Davis (Attachments: #1 Exhibit RTP Supporting Documents, #2 Certificate of Service)(Sands, Scott) |
| Filing 65 MINUTE entry before the Honorable Sunil R. Harjani: General Order: In light of the Chief Judge's order regarding appearances in the courthouse dated March 12, 2020, this Court will hold all status and motion hearings by telephonic conference call. All counsel are instructed to call into the Court's conference call in number at (888) 684-8852, and use Access Code 7354516, at the designated time for the hearing. All counsel are instructed to place the call on mute and not state their appearances until their case is called by the Courtroom Deputy, as the Court will be handling multiple cases on its status and motion calls at that set time. All counsel shall remain on the line throughout the hearing until the hearing on their case is concluded, at which time they may disconnect. Mailed notice (lxs, ) |
| Filing 64 STATUS Report (Joint) by Schindler Elevator Corporation (McGowan, Stephanie) |
| Filing 63 Plaintiff's Answers to RTA & Alt INT by Earnest J. Davis (Sands, Scott) |
| Filing 62 NOTICE by Earnest J. Davis (Sands, Scott) |
| Filing 61 ATTORNEY Appearance for Defendant Schindler Elevator Corporation by Stephanie Virginia McGowan (McGowan, Stephanie) |
| Filing 60 MINUTE entry before the Honorable John J. Tharp, Jr:: Attorney Stephanie V. McGowan's motion for leave to appear pro hac vice #59 is granted. No appearance on the motion is required. Counsel is directed to file her appearance on behalf of Schindler Elevator Corporation. Mailed notice (air, ) |
| Filing 59 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16746578. (McGowan, Stephanie) |
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Filing 58
ORDER: Attorney Jessica Williams Schnelker's motion to withdraw as counsel for defendant Schindler Elevator Corporation #56 is granted. No appearance on the motion is required. Jessica Williams Schnelker's appearance as counsel is terminated. Signed by the Honorable John J. Tharp, Jr on 2/10/2020. Mailed notice (jh, )
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| Filing 57 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Jessica Williams Schnelker's motion to withdraw as counsel for defendant Schindler Elevator Corporation #56 is granted. No appearance on the motion is required. Jessica Williams Schnelker's appearance as counsel is terminated. Mailed notice (air, ) |
| Filing 56 MOTION by Attorney Jessica Williams Schnelker to withdraw as attorney for Schindler Elevator Corporation. No party information provided (Attachments: #1 Text of Proposed Order on Motion to Withdraw as Counsel)(Williams schnelker, Jessica) |
| Filing 55 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held and continued to 3/17/2020 at 9:15 a.m. The parties reported on the status of the case. The parties shall issue any remaining written discovery requests by 2/14/2020. By 2/27/2020, the parties shall file an updated status report with firm deposition dates for all witnesses through the end of fact discovery. Mailed notice (cn). |
| Filing 54 STATUS Report , Joint, by Schindler Elevator Corporation (Williams schnelker, Jessica) |
| Filing 53 MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the parties' status report #52 . The report does not contain any agreed-upon deposition dates, in contravention of this Court's prior order #50 . By 1/27/20, the parties shall file an updated status report that complies with this Court's prior order. Mailed notice (lxs, ) |
| Filing 52 STATUS Report , Joint, by Schindler Elevator Corporation (Williams schnelker, Jessica) |
| Filing 51 MINUTE entry before the Honorable John J. Tharp, Jr:The status hearing set for 12/17/19 before Judge Tharp is reset to 6/2/20 at 9:00 a.m. Mailed notice (air, ) |
| Filing 50 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held and continued to 1/28/2020 at 9:15 a.m. Counsel reported on the progress of discovery. Fact discovery deadline is extended to 6/1/2020. This is a firm fact discovery deadline and no further extensions will be granted. The parties shall issue any additional written discovery requests by 1/20/2020. By 1/20/2020, the parties shall also file a joint status report identifying all deponents and agreed-upon deposition dates. Mailed notice (lxs, ) |
| Filing 49 ATTORNEY Appearance for Third Party Defendant Judith Davis by Steven Andrew Berman (Berman, Steven) |
| Filing 48 RESPONSE by Plaintiff Earnest J. Davis to Defendant Macy's Retail Holdings Affirmative Defenses (Attachments: #1 Notice of Filing)(Sands, Scott) |
| Filing 47 ATTORNEY Appearance for Third Party Defendant Judith Davis by Scott Carlton Sands (Sands, Scott) |
| Filing 46 STATUS Report , Joint, by Schindler Elevator Corporation (Williams schnelker, Jessica) |
| Filing 45 Schindler Elevator Corporation's ANSWER to Crossclaim of Macy's Retail Holdings, Inc. against Schindler Elevator Corporation and Earnest J. Davis by Schindler Elevator Corporation(Williams schnelker, Jessica) |
| Filing 44 ATTORNEY Appearance for Plaintiff Earnest J. Davis by Steven Andrew Berman (Berman, Steven) |
| Filing 43 AGREED Qualified Protective Order Signed by the Honorable John J. Tharp, Jr on 10/18/2019. Mailed notice(air, ) |
| Filing 42 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's motion for entry of an agreed HIPAA qualified protective order #41 is granted. Enter order. Mailed notice (air, ) |
| Filing 41 MOTION by Defendant Macy's Retail Holdings, Inc. for protective order (HIPAA--AGREED) (Couture, Timothy) |
| SUMMONS Issued as to Third Party Defendant Judith Davis (kl, ) |
| Filing 40 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held and continued to 11/6/2019 at 9:15 a.m. Counsel reported on the status of discovery. Counsel advised that the addition of defendants could prevent the parties from meeting the 12/16/2019 fact discovery deadline. By 10/30/2019, the parties shall file a joint status report identifying deponents and agreed-upon deposition dates. Mailed notice (lxs, ) |
| Filing 39 MINUTE entry before the Honorable John J. Tharp, Jr:Motion hearing held. Macy's motion for leave to file crossclaims and third-party complaint #33 is granted. The new claims should be filed as separate entries on the docket. Assuming prompt service of the third-party complaint. the third-party defendant's response to the third-party complaint, and crossclaim defendant Schindler's response to the crossclaim, are due by 10/22/19. In the event one or both of these parties respond to the new claims by motion, defendant Macy's response brief(s) are due by 11/19/19. Reply brief(s) due by 12/10/19. A status hearing is set on 12/17/19 at 9:00 a.m. NOTE: The foregoing schedule differs from that discussed in court. Mailed notice (air, ) |
| Filing 38 THIRD party complaint by Macy's Retail Holdings, Inc. against Judith Davis . (Attachments: #1 Exhibit 1)(Couture, Timothy) |
| Filing 37 CROSSCLAIM by Macy's Retail Holdings, Inc. against Earnest J. Davis, Schindler Elevator Corporation . (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Couture, Timothy) |
| Filing 36 ATTORNEY Appearance for Defendant Macy's Retail Holdings, Inc. by Angela Marie Kotsalieff (Kotsalieff, Angela) |
| Filing 35 ATTORNEY Appearance for Plaintiff Earnest J. Davis by Scott Carlton Sands (Sands, Scott) |
| Filing 34 NOTICE of Motion by Timothy R. Couture for presentment of motion for leave to file #33 before Honorable John J. Tharp Jr. on 9/24/2019 at 09:30 AM. (Couture, Timothy) |
| Filing 33 MOTION by Defendant Macy's Retail Holdings, Inc. for leave to file Crossclaims and Third Party Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(Couture, Timothy) |
| Filing 32 CERTIFICATE of Service of Plaintiff's Mandatory Initial Discovery by Michael Loren Teich on behalf of Earnest J. Davis (Teich, Michael) |
| Filing 31 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendant Schindler Elevator Corporation. (Angelino, Sarah) |
| Filing 30 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendant Macy's Retail Holdings, Inc.. (Couture, Timothy) |
| Filing 29 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held and continued to 9/26/2019 at 9:15 a.m. Counsel reported on the status of the case. Plaintiff shall issue a settlement demand by 8/23/2019. The Court will discuss the prospect of settlement with the parties at the next status. Mailed notice (lxs, ) |
| Filing 28 ATTORNEY Appearance for Defendant Schindler Elevator Corporation by Sarah Katherine Angelino (Angelino, Sarah) |
| Filing 27 ATTORNEY Appearance for Defendant Schindler Elevator Corporation by Joseph J. Krasovec, III (Krasovec, Joseph) |
| Filing 26 MINUTE entry before the Honorable Sunil R. Harjani: Initial status hearing set for 7/30/2019 at 9:15 a.m. in courtroom 1858. Mailed notice (lxs, ) |
| Filing 25 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: discovery scheduling and supervision and any settlement conference.(air, )Mailed notice. |
| Filing 24 MINUTE entry before the Honorable John J. Tharp, Jr:Status hearing held. For reasons stated on the record, Steven Brandstedt and Alan B. Bernovers' oral motion to withdraw as counsel for defendant Schindler is granted. Due to a logistical error, local counsel for defendant Schindler was not conferenced in for today's hearing. The parties' joint proposed discovery casement management schedule #19 , without the deadline for 26(a)(1) disclosures, is adopted as follows: MIDP responses due 8/16/19; Fact discovery to close on 12/16/19; Plaintiff's expert disclosures by 1/31/20; Defendant's expert disclosures by 3/31/20; Plaintiff's rebuttal disclosures by 4/30/20; depositions to be complete by 6/1/20. This case is referred to Magistrate Judge Harjani for further discovery scheduling and supervision; the referral will also include the authority to conduct a settlement conference as necessary. Mailed notice (air, ) |
| Filing 23 MINUTE entry before the Honorable John J. Tharp, Jr:Steven M. Brandstedt and Alan B. Bernovers motion to withdraw as counsel for defendant Schindler Elevator Corporation #21 is denied. No appearance on the motion is required. Local Rule 83.15(a) permits attorneys not having an office within this District to appear before the Court only upon having designated as local counsel a member of the bar of this Court having an office within this District upon whom service of papers may be made. Mailed notice (air, ) |
| Filing 22 NOTICE of Motion by Steven Michael Brandstedt for presentment of motion to withdraw as attorney #21 before Honorable John J. Tharp Jr. on 7/16/2019 at 09:00 AM. (Brandstedt, Steven) |
| Filing 21 MOTION by Attorney Steven M. Brandstedt; Alan M. Bernover to withdraw as attorney for Schindler Elevator Corporation. No party information provided (Brandstedt, Steven) |
| Filing 20 Schindler Elevator Corporation's ANSWER to Complaint with Jury Demand by Schindler Elevator Corporation(Williams schnelker, Jessica) |
| Filing 19 STATUS Report Joint Status Report by Earnest J. Davis (Teich, Michael) |
| Filing 18 ATTORNEY Appearance for Defendant Schindler Elevator Corporation by Jessica Jenee Williams schnelker (Williams schnelker, Jessica) |
| Filing 17 ATTORNEY Appearance for Defendant Schindler Elevator Corporation by Kevin C Schiferl (Schiferl, Kevin) |
| Filing 16 MINUTE entry before the Honorable John J. Tharp, Jr:Kevin C. Schiferl's and Jessica Williams Schnelker's motions for leave to appear pro hac vice #14 #15 are granted. No appearance on the motions are required. Counsel are directed to file their appearances on behalf of defendant Schindler Elevator Corporation. Mailed notice (air, ) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15975602. (Williams schnelker, Jessica) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15975454. (Schiferl, Kevin) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr: Defendant Schindler Elevator Corporation's unopposed motion for extension of time to file a responsive pleading #11 is granted. No appearance on the motion is required. Response due 7/8/19. Mailed notice (air, ) |
| Filing 12 NOTICE of Motion by Steven Michael Brandstedt for presentment of motion for extension of time to file answer #11 before Honorable John J. Tharp Jr. on 7/10/2019 at 09:00 AM. (Brandstedt, Steven) |
| Filing 11 MOTION by Defendant Schindler Elevator Corporation for extension of time to file answer (Attachments: #1 Exhibit A, #2 Exhibit B)(Brandstedt, Steven) |
| Filing 10 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Macy's Retail Holdings, Inc.(Couture, Timothy) |
| Filing 9 ATTORNEY Appearance for Defendant Macy's Retail Holdings, Inc. by Timothy R. Couture (Couture, Timothy) |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr: This case is set for an initial status conference on 7/10/19 at 9:00 a.m. Mailed notice (cn). |
| 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. (jh, ) |
| Filing 6 MAILED Notice of Removal Letter to Plaintiff's Counsel, Brian D. Teven and Michael Loren Teich. (jh, ) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Macy's Retail Holdings, Inc. (Bernover, Alan) Docket Text Modified by Clerk's Office on 6/20/2019 (jh, ). |
| Filing 4 NOTICE of Removal from Circuit Court of Cook County, IL, case number (2019-L-005075) filed by Macy's Retail Holdings, Inc. Filing fee $ 400, receipt number 0752-15946015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bernover, Alan) Docket Text Modified by Clerk's Office on 6/20/2019 (jh, ). |
| Filing 3 CIVIL Cover Sheet (Bernover, Alan) |
| Filing 2 ATTORNEY Appearance for Defendant Macy's Retail Holdings, Inc. by Alan Max Bernover. (Bernover, Alan) Docket Text Modified by Clerk's Office on 6/20/2019 (jh, ). |
| Filing 1 ATTORNEY Appearance for Defendant Macy's Retail Holdings, Inc. by Steven Michael Brandstedt. (Brandstedt, Steven) Docket Text Modified by Clerk's Office on 6/20/2019 (jh, ). |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (daj, ) |
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