Wilcosky v. Amazon.Com, Inc. et al
| Bennett Wilcosky |
| Amazon.Com, Inc. and Amazon.com Services, Inc. |
| 1:2019cv05061 |
| July 26, 2019 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| P.I.: Other |
| 28 U.S.C. § 1442 |
| Both |
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Filing 35
ORDER: Plaintiffs Bennett Wilcosky, Michael Gunderson, and Michael Gunderson, as next friend of E.G., a minor, sued defendants Amazon.com, Inc. and Amazon.com Services, Inc. in the Circuit Court of Cook County, alleging that defendants violated the Illinois Biometric Information Privacy Act ("BIPA"), 740 ILCS 14/1 et seq. in connection with defendants' "Alexa" product, which is "a voice-based virtual assistant." Defendant removed the case to this court and then filed motions to dismiss and to compel arbitration [Doc. #16 , #19 ].During the court's review of the parties' briefs on the pending motions, it became apparent that there may be a serious question as to the court's subject matter jurisdiction. Because this court has an independent obligation to ensure that it has subject matter jurisdiction over a case before reaching the merits, see United States v. $340,980 in U.S. Currency, 732 F.3d 812, 817-18 (7th Cir. 2013), the parties are directed to file by March 18, 2020, simultaneous briefs addressing whether plaintiff has alleged an injury-in-fact sufficient to establish Article III standing to proceed in federal court. See McGinnis v. United States Cold Storage, Inc., 2019 WL 7049921 (N.D. Ill. Dec. 23, 2019). Signed by the Honorable Robert W. Gettleman on 2/19/2020. Mailed notice (cn).
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| Filing 34 MINUTE entry before the Honorable Robert W. Gettleman: The parties have failed to deliver courtesy copies of their response and reply briefs #29 #30 #31 and #32 in direct violation of this court's rules. The parties are directed to familiarize themselves with the court's Standing Order and deliver properly bound briefs to chambers by 2/12/2020. The status hearing set for 2/25/2020 is stricken. The court will rule via CM/ECF. Mailed notice (cn). |
| Filing 33 MINUTE entry before the Honorable Robert W. Gettleman: Status hearing set for 2/11/2020 is stricken and reset to 2/25/2020 at 9:00 a.m. Mailed notice (cn). |
| Filing 32 REPLY by Defendants Amazon.Com, Inc., Amazon.com Services, Inc. to motion to dismiss #19 Complaint Pursuant to Rules 12(b)(2) and 12(b)(6) (Herrington, Elizabeth) |
| Filing 31 REPLY by Defendants Amazon.Com, Inc., Amazon.com Services, Inc. to motion to compel #16 Arbitration and Dismiss, or in the Alternative, Stay Claims (Herrington, Elizabeth) |
| Filing 30 RESPONSE by Plaintiff Bennett Wilcosky to motion to dismiss #19 Plaintiff's Memorandum of Law in Response to Defendants' Motion to Dismiss (Attachments: #1 Notice of Filing)(Bekkerman, Gerald) |
| Filing 29 RESPONSE by Bennett Wilcoskyin Opposition to MOTION by Defendants Amazon.Com, Inc., Amazon.com Services, Inc. to compel Arbitration and Dismiss, or in the Alternative, Stay Claims #16 (Attachments: #1 Declaration of Bennett Wilcosky, #2 Exhibit A-Interrogatory Answers, #3 Exhibit B-RFP Responses, #4 Exhibit C-RFP Production, #5 Exhibit D-B.F. and A.A. v Amazon, Inc.)(York, Adam) |
| Filing 28 MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 10/10/2019. For the reasons stated on the record, Plaintiff's motion for leave to conduct arbitration-related discovery #25 is granted. Briefing schedule on defendants' motion to compel and dismiss #16 and motion to dismiss #19 is amended as follows: Plaintiff's response due 11/14/2019, defendants' combined reply due 12/9/2019. Status hearing set tentatively for a ruling on 1/23/2019 #23 is stricken and reset to 2/11/2020 at 9:00 a.m. Mailed notice (cn). |
| Filing 27 AMENDED NOTICE of Motion by Gerald Jonathan Bekkerman for presentment of motion for discovery #25 before Honorable Robert W. Gettleman on 10/10/2019 at 09:15 AM. (Bekkerman, Gerald) |
| Filing 26 Plaintiffs Motion for Leave to Conduct Arbitration-Related Discovery NOTICE of Motion by Gerald Jonathan Bekkerman for presentment of motion for discovery #25 before Honorable Robert W. Gettleman on 10/8/2019 at 09:15 AM. (Bekkerman, Gerald) |
| Filing 25 MOTION by Plaintiff Bennett Wilcosky for discovery Motion for leave to Conduct Arbitration related discovery (Attachments: #1 Declaration ISO Arb Disc, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Bekkerman, Gerald) |
| Filing 24 ATTORNEY Appearance for Plaintiff Bennett Wilcosky by Adam C York (York, Adam) |
| Filing 23 MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 9/10/2019. Plaintiff's response to Defendants' motion to compel arbitration and dismiss, or in the alternative, stay claims #16 and motion to dismiss #19 due by 10/31/2019, defendants' combined reply due 11/21/2019. Status hearing set for 1/23/2020 at 9:00 a.m. Mailed notice (cn). |
| Filing 22 ATTORNEY Appearance for Plaintiff Bennett Wilcosky by Michael James Aschenbrener (Aschenbrener, Michael) |
| Filing 21 NOTICE of Motion by Elizabeth Brooke Herrington for presentment of motion to dismiss #19 before Honorable Robert W. Gettleman on 9/10/2019 at 09:15 AM. (Herrington, Elizabeth) |
| Filing 20 MEMORANDUM by Amazon.Com, Inc., Amazon.com Services, Inc. in support of motion to dismiss #19 Pursuant to Rules 12(b)(2) and 12(b)(6) (Attachments: #1 Exhibit A - Alexa and Alexa Device FAQs, #2 Exhibit B - Alexa Terms of Use)(Herrington, Elizabeth) |
| Filing 19 MOTION by Defendants Amazon.com Services, Inc., Amazon.Com, Inc. to dismiss Pursuant to Rules 12(b)(2) and 12(b)(6) (Herrington, Elizabeth) |
| Filing 18 NOTICE of Motion by Elizabeth Brooke Herrington for presentment of motion to compel #16 before Honorable Robert W. Gettleman on 9/10/2019 at 09:15 AM. (Herrington, Elizabeth) |
| Filing 17 MEMORANDUM by Amazon.Com, Inc., Amazon.com Services, Inc. in support of motion to compel #16 Arbitration and Dismiss, or in the Alternative, Stay Claims (Attachments: #1 Declaration Exhibit 1 - Declaration of Brian Buckley, #2 Exhibit Decl. Exhibit A, #3 Exhibit Decl. Exhibit B, #4 Exhibit Decl. Exhibit C, #5 Exhibit Decl. Exhibit D, #6 Exhibit Decl. Exhibit E, #7 Exhibit Decl. Exhibit F, #8 Exhibit Decl. Exhibit G, #9 Exhibit Decl. Exhibit H)(Herrington, Elizabeth) |
| Filing 16 MOTION by Defendants Amazon.Com, Inc., Amazon.com Services, Inc. to compel Arbitration and Dismiss, or in the Alternative, Stay Claims (Herrington, Elizabeth) |
| Filing 15 ATTORNEY Appearance for Plaintiff Bennett Wilcosky by Sean Patrick Murray (Murray, Sean) |
| Filing 14 ATTORNEY Appearance for Plaintiff Bennett Wilcosky by Brennan Byron Hutson (Hutson, Brennan) |
| Filing 13 ATTORNEY Appearance for Plaintiff Bennett Wilcosky by Marc Alan Taxman (Taxman, Marc) |
| Filing 12 ATTORNEY Appearance for Plaintiff Bennett Wilcosky by Gerald Jonathan Bekkerman (Bekkerman, Gerald) |
| Filing 11 MINUTE entry before the Honorable Robert W. Gettleman: Amazon.com, Inc. and Amazon.com Services, Inc.'s motion for extension of time to respond to the complaint #9 is granted. Defendants' responsive pleading due 9/3/2019. Motion presentment hearing set for 8/13/2019 is stricken. Mailed notice (cn). |
| Filing 10 NOTICE of Motion by Elizabeth Brooke Herrington for presentment of extension of time #9 before Honorable Robert W. Gettleman on 8/13/2019 at 09:15 AM. (Herrington, Elizabeth) |
| Filing 9 MOTION by Defendants Amazon.Com, Inc., Amazon.com Services, Inc. for extension of time (Herrington, Elizabeth) |
| Filing 8 MAILED Notice of Removal Letter to Counsel of record. (gcy, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jn, ) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Amazon.com Services, Inc. (Herrington, Elizabeth) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Amazon.Com, Inc. (Herrington, Elizabeth) |
| Filing 5 ATTORNEY Appearance for Defendants Amazon.Com, Inc., Amazon.com Services, Inc. by Tyler Zachary Zmick (Zmick, Tyler) |
| Filing 4 ATTORNEY Appearance for Defendants Amazon.Com, Inc., Amazon.com Services, Inc. by Alex David Berger (Berger, Alex) |
| Filing 3 ATTORNEY Appearance for Defendants Amazon.Com, Inc., Amazon.com Services, Inc. by Elizabeth Brooke Herrington (Herrington, Elizabeth) |
| Filing 2 CIVIL Cover Sheet (Herrington, Elizabeth) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2019-CH-07777) filed by Amazon.Com, Inc., Amazon.com Services, Inc. Filing fee $ 400, receipt number 0752-16076907. (Attachments: #1 Exhibit A)(Herrington, Elizabeth) |
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