Ramirez et al v. The Tequilla Corporation et al
| Tereso De Jesus Perez Garcia, Gilberto Daniel Perez Garcia, Esdras Nehemias Martin Ramirez and Elver Zuniga |
| Mario Gonzalez, The Tequilla Corporation, Tequila555 Corporation, Tequila555 Corporation an Illinois corporation doing business as Blue Agave Tequila Bar & Restaurant 2 and The Tequilla Corporation an Illinois corporation doing business as Blue Agave Tequila Bar & Restaurant |
| 1:2019cv05654 |
| August 22, 2019 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| John F Kness |
| Labor: Fair Standards |
| None |
Docket Report
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 56 TURNOVER ORDER signed by the Honorable John F. Kness on 10/5/2020. Mailed notice(ef, ) |
| Filing 55 MINUTE entry before the Honorable John F. Kness: Plaintiffs' Unopposed Motion #53 for turnover order is granted. Enter order. Mailed notice (ef, ) |
| Filing 54 MINUTE entry before the Honorable John F. Kness: Before the Court is Plaintiffs' unopposed motion #53 for turnover order. Plaintiffs' counsel is directed to submit a proposed order granting the motion to proposed_order_kness@ilnd.uscourts.gov on or before October 13, 2020. Mailed notice (ef, ) |
| Filing 53 MOTION by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez, Elver Zuniga for Turnover Order (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 52 ATTORNEY Appearance for Defendants Mario Gonzalez, Tequila555 Corporation, The Tequilla Corporation by Donald B. Levine (Levine, Donald) |
| Filing 51 AFFIDAVIT of Service filed by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez, Elver Zuniga regarding Third-Party Citation to Discover Assets served on Byline Bank on 09/21/2020 (Nolan, Timothy) |
| Filing 50 CITATION to Discover Assets issued as to Byline Bank (Third Party) (No Notice) (bg, ) |
| Filing 49 BILL of Costs (Nolan, Timothy) |
| Filing 48 ENTERED JUDGMENT signed by the Honorable John F. Kness on 9/1/2020. Mailed notice (ags) |
Filing 47
ORDER signed by the Honorable John F. Kness on 9/1/2020. Mailed notice (ags)
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| Filing 46 MINUTE entry before the Honorable John F. Kness: Plaintiffs' motions for default judgment #43 and for attorney's fees are granted. The Court enters default judgment against all Defendants. Enter separate Order and Statement on default judgment. Enter separate final judgment order. Civil case terminated. Mailed notice (ags) |
| Filing 45 MINUTE entry before the Honorable John F. Kness: Plaintiffs' motion for default judgment #43 and motion for attorney's fees #44 are taken under advisement. Mailed notice. (jj, ) |
| Filing 44 MOTION by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez, Elver Zuniga for attorney fees (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 43 MOTION by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez, Elver Zuniga for default judgment as to All Defendants (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Nolan, Timothy) |
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Filing 42
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket)
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| Filing 41 CERTIFICATE of Service of Amended Collective Action Complaint by Timothy Michael Nolan on behalf of All Plaintiffs (Nolan, Timothy) |
| Filing 40 AMENDED complaint by Esdras Nehemias Martin Ramirez, Tereso De Jesus Perez Garcia, Gilberto Daniel Perez Garcia against All Defendants (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 39 CERTIFICATE of Service of Order and Statement (Dkt. 38) by Timothy Michael Nolan on behalf of All Plaintiffs (Nolan, Timothy) |
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Filing 38
ORDER signed by the Honorable John F. Kness on 5/27/2020: Plaintiffs' motion for default judgment #26 is denied without prejudice. Because the named plaintiffs have neither sought conditional certification for the collective class action nor amended their complaint to include the claims of the opt-in plaintiff, the Court declines to award default judgment at this time. Plaintiffs' counsel is directed to serve copies of this Order and Statement upon Defendants by regular mail and certified mail and to file proof of service by June 5, 2020. Plaintiffs are granted leave either to (1) refile their motion for default judgment to seek judgment as to the named plaintiffs' claims only, or (2) amend their complaint to include any opt-in plaintiffs' claims. Plaintiffs' motion for attorney's fees #27 and costs #28 is similarly denied without prejudice to renew. See accompanying Statement for details. Mailed notice (ef, )
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Filing 37
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket7, )
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| Filing 36 TRANSCRIPT OF PROCEEDINGS held on February 6, 2020, before the Honorable John Robert Blakey. Order Number: 38458. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/29/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/6/2020. (Lacien, Laura) |
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Filing 35
ORDER : STANDING ORDER REGARDING CIVIL CASES. Signed by the Honorable John F. Kness on 4/30/2020: Mailed notice. (docket4, )
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| Filing 34 STATUS Report by Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez (Nolan, Timothy) |
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Filing 33
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket6, )
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Filing 32
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. (docket4, )
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| Filing 31 STATUS Report by Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez (Nolan, Timothy) |
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Filing 30
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. (ecw, )
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Filing 29
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. (ecw, )
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| Filing 28 MOTION by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez for bill of costs (Attachments: #1 Supplement Itemization for Bill of Costs)(Nolan, Timothy) |
| Filing 27 MOTION by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez for attorney fees (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 26 MOTION by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez for default judgment as to all Defendants (Attachments: #1 Declaration Plaintiff Ramirez Declaration, #2 Declaration Plaintiff G. Garcia Declaration, #3 Declaration Plaintiff T. Garcia Declaration, #4 Declaration Plaintiff Zuniga Declaration, #5 Declaration Attorney Nolan Declaration, #6 Exhibit F)(Nolan, Timothy) |
| Filing 25 MINUTE entry before the Honorable John Robert Blakey: This case has been reassigned to Judge Kness. The motion hearing set before Judge Blakey is stricken. Mailed notice (ags) |
| Filing 24 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0008 - Pursuant that to the Executive Committee Order entered on February 24, 2020 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John F. Kness; therefore IT IS HEREBY ORDERED that the attached list of 313 cases be reassigned to the Honorable John F. Kness; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable John F. Kness' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable John F. Kness to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases. Case reassigned to the Honorable John F. Kness for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 2/28/2020.(tg, ) |
| Filing 23 MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 2/6/2020. Defendant failed to appear and failed to notify Chambers of any scheduling conflicts. Any motion for default judgment shall be filed on or before 3/6/2020 and set for presentment on 3/12/2020 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 22 STATUS Report Third Supplemental by Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez (Nolan, Timothy) |
| Filing 21 AFFIDAVIT of Service filed by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez regarding Summons and Complaint served on Tequila555 Corporation on January 7, 2020 (Nolan, Timothy) |
| Filing 20 AFFIDAVIT of Service filed by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez regarding Summons and Complaint served on The Tequilla Corporation c/o Mario Gonzalez on January 7, 2020 (Nolan, Timothy) |
| Filing 19 MINUTE entry before the Honorable John Robert Blakey: Status and motion hearing held on 1/7/2020. Plaintiff's motion for service #15 is granted as stated in open court. Parties shall file an updated status report on or before 2/4/2020. Initial status conference reset for 2/6/2020 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 18 STATUS Report Second Supplemental by Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez (Nolan, Timothy) |
| Filing 17 MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, status hearing set for 1/9/2020 is reset for 1/7/2020 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) |
| Filing 16 NOTICE of Motion by Timothy Michael Nolan for presentment of motion for miscellaneous relief, #15 before Honorable John Robert Blakey on 1/7/2020 at 09:45 AM. (Nolan, Timothy) |
| Filing 15 MOTION by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez For Service By Alternate Means (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Nolan, Timothy) |
| Filing 14 SUMMONS Returned Executed by Esdras Nehemias Martin Ramirez, Tereso De Jesus Perez Garcia, Gilberto Daniel Perez Garcia as to Mario Gonzalez on 12/3/2019, answer due 12/24/2019. (Nolan, Timothy) |
| Filing 13 NOTICE by Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez of Consent to Become a Party Plaintiff in a Collective Action under the FLSA for Elver Zuniga (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 12 MINUTE entry before the Honorable John Robert Blakey: Plaintiffs' motion to extend time for service of process #9 is granted, and the Court hereby extends the time for service of Defendants Tequila555 Corporation and Mario Gonzalez to 12/20/19. The 11/7/19 Notice of Motion date is stricken, and the parties need not appear. Additionally, the initial status conference previously set for 11/7/19 is stricken and reset for 1/9/20 at 9:45 a.m. in Courtroom 1203. The parties shall file a joint initial status report by 1/3/20. Mailed notice (gel, ) |
| Filing 11 STATUS Report Supplemental by Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez (Nolan, Timothy) |
| Filing 10 NOTICE of Motion by Timothy Michael Nolan for presentment of extension of time #9 before Honorable John Robert Blakey on 11/7/2019 at 09:45 AM. (Nolan, Timothy) |
| Filing 9 MOTION by Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez for extension of time for Service of Process (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| Filing 8 SUMMONS Returned Executed by Esdras Nehemias Martin Ramirez, Tereso De Jesus Perez Garcia, Gilberto Daniel Perez Garcia as to The Tequilla Corporation on 10/21/2019, answer due 11/12/2019. (Nolan, Timothy) |
| Filing 7 MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in Plaintiff's initial status report #6 , the initial status conference previously set for 10/10/19 is hereby stricken and reset for 11/7/19 at 9:45 a.m. in Courtroom 1203. The parties shall file a joint status report by 10/31/19 using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Mailed notice (gel, ) |
| Filing 6 STATUS Report by Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez (Nolan, Timothy) |
| Filing 5 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 10/10/2019 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 9/30/2019, 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, ) |
| SUMMONS Issued as to Defendants Mario Gonzalez, Tequila555 Corporation, The Tequilla Corporation (mc, ) |
| 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 Plaintiffs Gilberto Daniel Perez Garcia, Tereso De Jesus Perez Garcia, Esdras Nehemias Martin Ramirez by Timothy Michael Nolan (Nolan, Timothy) |
| Filing 2 CIVIL Cover Sheet (Nolan, Timothy) |
| Filing 1 COMPLAINT filed by Esdras Nehemias Martin Ramirez, Tereso De Jesus Perez Garcia, Gilberto Daniel Perez Garcia; Filing fee $ 400, receipt number 0752-16162861. (Attachments: #1 Exhibit A)(Nolan, Timothy) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Sheila Finnegan. Case assignment: Random assignment. (jn, ) |
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