Mace v. Berje, Inc. et al
| Marlene Mace |
| Elan Chemical Company, Inc., Kerry, Inc., Penta Manufacturing Co., Inc., Fona International, Inc., Gamay Foods, Inc., DSM Food Specialties USA, Inc., Frutarom USA, Inc., O'Laughlin Industries, Inc., Sigma-Aldrich, Inc., Centrome, Inc., The Edlong Corporation, Berje, Inc. and Phoenix Aromas & Essential Oils, Inc. |
| 1:2019cv05044 |
| July 26, 2019 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| P.I.: Other |
| 28 U.S.C. § 1446 pl |
| Both |
Docket Report
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This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.
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| ELECTRONIC Acknowledgement of case transferred to the District of South Carolina as case 4:19-cv-03438, filed 12/09/2019. (kp, ) |
| Filing 67 TRANSFERRED to the USDC District of South Carolina the electronic record. (sxb, ) |
Filing 66
ORDER written by the Honorable Gary Feinerman on 12/6/2019. Defendant Kerry, Inc.'s motion to dismiss #49 is granted. This case is transferred to the District of South Carolina pursuant to 28 U.S.C. 1406(a). Defendant Elan Chemical's motion to dismiss #59 is denied without prejudice to renewal in the District of South Carolina. The Clerk is directed to effectuate the transfer forthwith. The 12/9/2019 status hearing #62 is stricken. Civil case transferred.Mailed notice.(jlj, )
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| Filing 65 NOTICE by Kristin C Foster of Change of Address or Name (Foster, Kristin) |
| Filing 64 ATTORNEY Appearance for Plaintiff Marlene Mace by Bartholomew J Galvin (Galvin, Bartholomew) |
| Filing 63 ATTORNEY Appearance for Plaintiff Marlene Mace by Daniel Emmett O'Brien (O'Brien, Daniel) |
| Filing 62 MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 12/9/2019 at 9:15 a.m. Motion hearing held. Motions to dismiss and/or transfer #49 #59 are entered and continued. Plaintiff shall respond to the motions by 11/20/2019; movants shall reply by 12/4/2019. Any non-movant wishing to join either or both of those motions shall file their joinders by 11/14/2019. MIDP disclosures are stayed pending further order of court. Plaintiff has until 12/6/2019 to comply with Local Rule 83.15; if Plaintiff failed to comply, Plaintiff's pleadings will be stricken and the case will be dismissed.Mailed notice. (jlj, ) |
| Filing 61 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Elan Chemical Company, Inc. (Drain, Kurt) |
| Filing 60 NOTICE of Motion by Kurt Brendan Drain for presentment of Motion to Dismiss for Failure to State a Claim #59 before Honorable Gary Feinerman on 11/6/2019 at 09:30 AM. (Drain, Kurt) |
| Filing 59 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Elan Chemical Company, Inc. (Drain, Kurt) |
| Filing 58 MINUTE entry before the Honorable Gary Feinerman:Hearing on Defendant's motion to dismiss, or, in the alternative, to transfer venue #49 set for 11/6/2019 at 9:00 a.m. #51 is re-set for 9:30 a.m. TIME CHANGE ONLY. Motion for leave to file motion to dismiss instanter #56 is granted. Defendant Elan Chemical Co. shall file its motion to dismiss as a separate docket entry and notice the motion for presentment on 11/6/2019 at 9:30. Status hearing set for 11/6/2019 at 9:00 a.m. #37 is re-set for 9:30 a.m. TIME CHANGE ONLY.Mailed notice. (jlj, ) |
| Filing 57 NOTICE of Motion by Kurt Brendan Drain for presentment of motion for leave to file, motion to dismiss #56 before Honorable Gary Feinerman on 11/6/2019 at 09:00 AM. (Drain, Kurt) |
| Filing 56 MOTION by Defendant Elan Chemical Company, Inc. for leave to file , MOTION by Defendant Elan Chemical Company, Inc. to dismiss Plaintiff's Complaint, Instanter (Attachments: #1 Exhibit)(Drain, Kurt) |
| Filing 55 Corporate Disclosure Statement by The Edlong Corporation (Canty, Dawn) |
| Filing 54 ANSWER to Complaint by The Edlong Corporation(Canty, Dawn) |
| Filing 53 ATTORNEY Appearance for Defendant Elan Chemical Company, Inc. by Kurt Brendan Drain (Drain, Kurt) |
| Filing 52 ATTORNEY Appearance for Defendant Elan Chemical Company, Inc. by Daniel J. Arnett (Arnett, Daniel) |
| Filing 51 NOTICE of Motion by Karen Minkoff Borg for presentment of motion to dismiss #49 before Honorable Gary Feinerman on 11/6/2019 at 09:00 AM. (Borg, Karen) |
| Filing 50 MEMORANDUM by Kerry, Inc. in support of motion to dismiss #49 (MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT KERRY, INC.'S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE) (Borg, Karen) |
| Filing 49 MOTION by Defendant Kerry, Inc. to dismiss (DEFENDANT KERRY, INC.'S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE) (Borg, Karen) |
| Filing 48 Corporate Disclosure Statement STATEMENT by Berje, Inc. (Pfeiffer, Scott) |
| Filing 47 Corporate Disclosure STATEMENT by Fona International, Inc. (Kalbac, William) |
| Filing 46 ANSWER to Complaint with Jury Demand by Fona International, Inc.(Kalbac, William) |
| Filing 45 ATTORNEY Appearance for Defendant The Edlong Corporation by Kristin L Coveney (Coveney, Kristin) |
| Filing 44 ANSWER to Complaint with Jury Demand by Berje, Inc.(Pfeiffer, Scott) |
| Filing 43 MINUTE entry before the Honorable Gary Feinerman:Motion to reassign case #41 is denied. Reassignment under Local Rule 40.4 goes to the judge with the lower-numbered case, not the judge with the higher-numbered case. Motion hearing set for 10/24/2019 #42 is stricken.Mailed notice. (jlj, ) |
| Filing 42 NOTICE of Motion by William Benjamin Kalbac for presentment of motion to reassign case #41 before Honorable Gary Feinerman on 10/24/2019 at 09:00 AM. (Kalbac, William) |
| Filing 41 MOTION by Defendant Fona International, Inc. to reassign case Motion for Reassignment (Kalbac, William) |
| Filing 40 NOTICE of Voluntary Dismissal by Marlene Mace Without Prejudice of Defendant Gamay Foods, Inc. (Attachments: #1 Exhibit Affidavit of Terrance M. Schneider)(O'Brien, Daniel) |
| Filing 39 NOTICE of Voluntary Dismissal by Marlene Mace Without Prejudice of Defendant Penta Manufacturing Co., Inc. (Attachments: #1 Exhibit Affidavit of Mark J. Volpe)(O'Brien, Daniel) |
| Filing 38 NOTICE of Voluntary Dismissal by Marlene Mace Without Prejudice of Defendant Gamay Foods, Inc. (O'Brien, Daniel) |
| Filing 37 MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 11/6/2019 at 9:00 a.m. For the reasons stated on the record, Plaintiff's motion to remand #12 is denied. Defendants shall respond to the complaint by 10/29/2019.Mailed notice. (jlj, ) |
| Filing 36 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 10/8/2019 at 9:00 a.m. #13 is re-set for 9:15 a.m. TIME CHANGE ONLY. Mailed notice. (jlj, ) |
| Filing 35 MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file an answer and/or otherwise plead #31 is granted. The time for Defendant Berje Inc. to respond to the complaint is extended to 21 days after the ruling on the motion to remand #12 . Motion hearing set for 9/24/2019 #32 is stricken.Mailed notice. (jlj, ) |
| Filing 34 Berje Incorporated's Joinder to Fona's Brief in Opposition to Plaintiffs Motion to Remand by Berje, Inc. (Pfeiffer, Scott) |
| Filing 33 Berje Incorporated's Joinder and Consent to Removal by Berje, Inc. (Pfeiffer, Scott) |
| Filing 32 Defendant Berje Incorporated's Notice of Motion for Leave to File an Answer and/or Otherwise Plead NOTICE of Motion by Scott Dwight Pfeiffer for presentment of motion for leave to file #31 before Honorable Ruben Castillo on 9/24/2019 at 09:45 AM. (Pfeiffer, Scott) |
| Filing 31 MOTION by Defendant Berje, Inc. for leave to file (Pfeiffer, Scott) |
| Filing 30 Attorney Appearance by Berje, Inc. ZGS (Pfeiffer, Scott) |
| Filing 29 Attorney Appearance by Berje, Inc. (Pfeiffer, Scott) |
| Filing 28 Attorney Appearance by Berje, Inc. (Cray, Daniel) |
| Filing 27 MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. For the reasons stated on the record, Defendant Kerry's motion to dismiss #18 is denied as premature without prejudice to renewal if the court denies the remand motion #12 . Motions for leave to file answer or otherwise plead to the complaint #23 #25 are granted. The time for Defendants Fona International and Edlong Corporation to respond to the complaint is continued until 21 days after the ruling on the motion to remand #12 . Defendant Kerry has the same response date. The 9/16/2019 motion hearings #24 #26 are stricken.Mailed notice. (jlj, ) |
| Filing 26 The Edlong Corporation's NOTICE of Motion by Dawn Marie Canty for presentment of motion for leave to file #25 before Honorable Gary Feinerman on 9/16/2019 at 09:00 AM. (Canty, Dawn) |
| Filing 25 MOTION by Defendant The Edlong Corporation for leave to file an Answer and/or Otherwise Plead (Attachments: #1 Exhibit Exhibit 1: 9-9-19 E-Mail from T Burchman to L Smith)(Canty, Dawn) |
| Filing 24 NOTICE of Motion by William Benjamin Kalbac for presentment of motion for leave to file #23 before Honorable Gary Feinerman on 9/16/2019 at 09:00 AM. (Kalbac, William) |
| Filing 23 MOTION by Defendant Fona International, Inc. for leave to file Defendant FONA International, Inc.'s Motion for Leave to File an Answer and/or Otherwise Plead (Kalbac, William) |
| Filing 22 MINUTE entry before the Honorable Gary Feinerman: Hearing on Defendant Kerry Inc.'s motion to dismiss set for 9/10/2019 at 9:00 a.m. #18 is re-set for 9:30 a.m. TIME CHANGE ONLY. Mailed notice. (mgh, ) |
| Filing 21 MINUTE entry before the Honorable Gary Feinerman: The Edlong Corporation's joinder to FONA's brief in opposition to Plaintiff's motion to remand #15 is granted. Defendant The Edlong Corporation may join Defendant Fonas opposition brief #14 . Mailed notice. (mgh, ) |
| Filing 20 NOTICE of Motion by Karen Minkoff Borg for presentment of motion to dismiss #18 before Honorable Gary Feinerman on 9/10/2019 at 09:00 AM. (Borg, Karen) |
| Filing 19 MEMORANDUM by Kerry, Inc. in support of motion to dismiss #18 (MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT KERRY, INC.'S MOTION TO DISMISS) (Borg, Karen) |
| Filing 18 MOTION by Defendant Kerry, Inc. to dismiss (Borg, Karen) |
| Filing 17 ATTORNEY Appearance for Defendant Kerry, Inc. by Karen Minkoff Borg (Borg, Karen) |
| Filing 16 ATTORNEY Appearance for Defendant Kerry, Inc. by Albert Edwin Fowerbaugh, Jr (Fowerbaugh, Albert) |
| Filing 15 MOTION by Defendant The Edlong Corporation for joinder THE EDLONG CORPORATIONS JOINDER TO FONAS BRIEF IN OPPOSITION TO PLAINTIFFS MOTION TO REMAND (Canty, Dawn) |
| Filing 14 MEMORANDUM by Fona International, Inc. in Opposition to motion to remand #12 Defendant FONA International, Inc.'s Brief in Opposition to Plaintiff's Motion to Remand (Kalbac, William) |
| Filing 13 MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 10/8/2019 at 9:00 a.m. Plaintiff's motion to remand #12 is entered and continued. Defendants shall respond by 9/16/2019; Plaintiff shall reply by 9/30/2019.Mailed notice. (jlj, ) |
| Filing 12 MOTION by Plaintiff Marlene Mace to remand (Attachments: #1 Exhibit A)(O'Brien, Daniel) |
| Filing 11 Joinder and Consent To Removal by The Edlong Corporation (Canty, Dawn) |
| Filing 10 ATTORNEY Appearance for Defendant The Edlong Corporation by Dawn Marie Canty (Canty, Dawn) |
| Filing 9 MINUTE entry before the Honorable Gary Feinerman: Status hearing set for 8/26/2019 at 9:00 a.m.Mailed notice. (jlj, ) |
| Filing 8 ATTORNEY Appearance for Plaintiff Marlene Mace by Thomas Richardson Burcham, Iii (Burcham, Thomas) |
| Filing 7 ATTORNEY Appearance for Defendant Fona International, Inc. by Moira H. Pietrowski (Pietrowski, Moira) |
| Filing 6 ATTORNEY Appearance for Defendant Fona International, Inc. by William Benjamin Kalbac (Kalbac, William) |
| Filing 5 MAILED Notice of Removal letter to counsel of record. (sxb, ) |
| 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. (sxb, ) |
| Filing 3 ATTORNEY Appearance for Defendant Fona International, Inc. by Daniel Arik Waitzman (Waitzman, Daniel) |
| Filing 2 CIVIL Cover Sheet (Waitzman, Daniel) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2019L007956) filed by Fona International, Inc. Filing fee $ 400, receipt number 0752-16073870. Complaint (Attachments: #1 Exhibit Exhibit 1)(Waitzman, Daniel) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (td, ) |
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