Wendt v. Jo-Ann Stores LLC
MaryAnn Wendt |
Jo-Ann Stores LLC |
1:2019cv04189 |
June 21, 2019 |
US District Court for the Northern District of Illinois |
Matthew F Kennelly |
P.I.: Other |
28 U.S.C. ยง 1441 |
Plaintiff |
Docket Report
This docket was last retrieved on August 14, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 22 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held with only plaintiff's attorney. Status hearing is continued to 8/21/2019 at 9:00 a.m. Both sides' attorneys are directed to appear in person. Mailed notice (ags, ) |
Filing 21 CERTIFICATE of Service for Plaintiff's 8/2/2019 issued written discovery requests to Jo-Ann Stores by Clifford Wolf Horwitz on behalf of All Plaintiffs (Horwitz, Clifford) |
Filing 20 CERTIFICATE of Service of Discovery by Julia Lynn Mohan on behalf of Jo-Ann Stores LLC (Mohan, Julia) |
Filing 19 ANSWER to amended complaint and Affirmative Defenses by Jo-Ann Stores LLC(Mohan, Julia) |
Filing 18 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff MaryAnn Wendt. (Horwitz, Clifford) |
Filing 17 AMENDED complaint by MaryAnn Wendt against All Defendants (Attachments: #1 Notice of Filing, #2 Certificate of Service)(Horwitz, Clifford) |
Filing 16 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file an amended complaint is granted. Defendant' motion to dismiss plaintiff's original complaint is denied as moot. (mk) |
Filing 15 NOTICE of Motion by Clifford Wolf Horwitz for presentment of motion for leave to file #12 before Honorable Matthew F. Kennelly on 7/24/2019 at 09:30 AM. (Horwitz, Clifford) |
Filing 14 MINUTE entry before the Honorable Matthew F. Kennelly: motion for leave to file 1st amended complaint #12 was not noticed for presentment properly and it to be re-noticed as a separate entry so it appears on the Court's calendar. Mailed notice. (pjg, ) |
Filing 13 MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 8/14/2019 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. (mk) |
Filing 12 MOTION by Plaintiff MaryAnn Wendt for leave to file 1st Amended Complaint (Attachments: #1 Notice of Filing Notice of Motion, #2 Exhibit Exhibit A)(Horwitz, Clifford) |
Filing 11 MINUTE entry before the Honorable Matthew F. Kennelly: The defendant, which removed this case from state court based on diversity of citizenship, has moved to dismiss the plaintiff's complaint, contending that it does not provide sufficient notice regarding how defendant's negligence caused plaintiff's injury. Fact pleading is not required, and the complaint does allege various ways in which plaintiff contends defendant was negligent, so the Court cannot say that the complaints fails to state a claim. That said, the complaint in its current form essentially provides a laundry list of disparate, arguably inconsistent, and in one instance arguably mutually exclusive allegations regarding defendant's negligence (slippery floor vs. sticky floor vs. placement of merchandise in walking area). The Court, at its own instance, takes the motion to dismiss as a motion for a more definite statement under Fed. R. Civ. P. 12(e) and enters and continues it to the initial status hearing in this case, which will be set by separate order. Plaintiff would be well advised to file an amended complaint before the initial status hearing that provides more information regarding what she claims caused her apparent fall. The filing of an answer is deferred at this time. (mk) |
Filing 10 ATTORNEY Appearance for Plaintiff MaryAnn Wendt by Thomas Aquinas Kelliher (Kelliher, Thomas) |
Filing 9 ATTORNEY Appearance for Plaintiff MaryAnn Wendt by Jay Richard Luchsinger (Luchsinger, Jay) |
Filing 8 ATTORNEY Appearance for Plaintiff MaryAnn Wendt by Clifford Wolf Horwitz (Horwitz, Clifford) |
Filing 7 NOTICE of Motion by Julia Lynn Mohan for presentment of motion to dismiss #6 before Honorable Matthew F. Kennelly on 7/9/2019 at 09:30 AM. (Mohan, Julia) |
Filing 6 MOTION by Defendant Jo-Ann Stores LLC to dismiss Plaintiff's Complaint (Mohan, Julia) |
Filing 5 MAILED Notice of Removal letter to all counsel on record. (kp, ) |
Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Jo-Ann Stores LLC (Corporate Disclosure Statement) (Mohan, Julia) |
Filing 3 ATTORNEY Appearance for Defendant Jo-Ann Stores LLC by Julia Lynn Mohan (Mohan, Julia) |
Filing 2 CIVIL Cover Sheet (Mohan, Julia) |
Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2019L004515) filed by Jo-Ann Stores LLC Filing fee $ 400, receipt number 0752-15955681. (Attachments: #1 Exhibit A)(Mohan, Julia) |
CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (yt) |
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Defendant: Jo-Ann Stores LLC | |
Represented By: | Julia Lynn Mohan |
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Plaintiff: MaryAnn Wendt | |
Represented By: | Clifford Wolf Horwitz |
Represented By: | Thomas Aquinas Kelliher |
Represented By: | Jay Richard Luchsinger |
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