Avila v. Espinel et al
| Maria Avila |
| Nadia Ardalan Espinel and Abbvie, Inc. |
| 1:2019cv08385 |
| December 21, 2019 |
| US District Court for the Northern District of Illinois |
| Sara L Ellis |
| Franklin U Valderrama |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 6, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 56 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's Agreed Motion to Extend the Date for Dismissal with Prejudice #55 . Plaintiff failed to cite legal authority in support of its request, in contravention of the Court's November 18, 2021 order #54 . The Court nevertheless finds cause to extend the date for dismissal with prejudice in this case. The Court accordingly, for the reasons explained in Plaintiff's Agreed Motion to Extend the Date for Dismissal with Prejudice #55 , the motion is granted. The date on which dismissal without prejudice will become dismissal with prejudice in this case is extended to 07/22/2022. Mailed notice (axc). |
| Filing 55 MOTION by Plaintiff Maria AvilaExtend the date for dismissal with prejudice Agreed (Sanchez, Jorge) |
| Filing 54 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's unopposed motion to dismiss the case without prejudice and approve the parties' settlement #53 . While the Court finds good cause to approve the settlement agreement, the Court does not find a reason warranting dismissal without prejudice for 13 months. Plaintiff's motion is therefore granted in part and denied in part. The Court approves the settlement #52 , and the case is dismissed without prejudice. To avoid unnecessary status hearings and to provide time to effectuate the agreement, the case is dismissed without prejudice and with full leave to reinstate via motion filed by January 17, 2022. Prior to January 17, 2022, the parties can file a motion, with the appropriate authority, explaining why the Court should retain jurisdiction beyond January 17, 2022. If no extension motion or no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. The Court advises the parties that, generally speaking, Seventh Circuit decisions hold that dismissals "with prejudice" leave the Court without jurisdiction to enforce a settlement agreement. See Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006). Civil case terminated. Mailed notice (axc). |
| Filing 53 MOTION by Plaintiff Maria Avila for settlement approval and dismissal without prejudice (Sanchez, Jorge) |
| Filing 52 SEALED DOCUMENT by Plaintiff Maria Avila Executed settlement (Sanchez, Jorge) |
| Filing 51 MINUTE entry before the Honorable Franklin U. Valderrama: The Court vacates the dismissal of the case entered in #50 . The Court directs the parties to file the settlement under seal for Court approval by 9/3/2021. Mailed notice (axc). |
| Filing 50 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Parties' Corrected Joint Motion to Dismiss and to File Settlement Under Seal #49 . The case is dismissed without prejudice and with full leave to reinstate via motion filed by 09/26/2022. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. The Parties are directed to email their settlement order to the Proposed_Order_Valderrama@ilnd.uscourts.gov by 09/02/2021. The Court advises the parties that, generally speaking, Seventh Circuit decisions hold that dismissals "with prejudice" leave the Court without jurisdiction to enforce a settlement agreement. See Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006). Parties' Joint Motion to Dismiss and to File Settlement Under Seal #48 is terminated as moot. Civil case terminated. Mailed notice (axc). |
| Filing 49 MOTION by Plaintiff Maria Avila to dismiss and to file under seal -- Corrected Joint Motion (Sanchez, Jorge) |
| Filing 48 MOTION by Plaintiff Maria Avila to dismiss and file settlement under seal -- Joint Motion (Sanchez, Jorge) |
| Filing 47 MINUTE entry before the Honorable Franklin U. Valderrama: The parties are instructed to file a joint status report on or before 5/18/2021. Mailed notice (axc). |
| Filing 46 MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff has informed defendants and the Court that she will not accept defendants' latest settlement offer. After presiding over a settlement conference and having ex parte follow up calls with counsel for the parties, the Court has exhausted its efforts to help the parties settle this case. All matters related to this referral having been concluded, the referral is closed and the case is returned to the assigned District Judge. Magistrate Judge Cummings no longer assigned to the case. Mailed notice (cc, ) |
| Filing 45 MINUTE entry before the Honorable Jeffrey Cummings: Ex parte conversations regarding settlement held with counsel for plaintiff and defendants. By the close of business on 4/26/21, plaintiff is instructed to inform defense counsel and the Court, via an email to the Court's settlement correspondence mailbox (Settlement_Correspondence_Cummings@ilnd.uscourts.gov), whether she will accept defendant's latest settlement offer. Mailed notice (cc, ) |
| Filing 44 MINUTE entry before the Honorable Jeffrey Cummings: Remote video settlement conference held on 4/8/21. Plaintiff is instructed to inform defense counsel and the Court, via an email to the Court's settlement correspondence mailbox (Settlement_Correspondence_Cummings@ilnd.uscourts.gov), whether she will accept defendant's latest settlement offer. Mailed notice (cc, ) |
| Filing 43 MINUTE entry before the Honorable Jeffrey Cummings: The Court amends its minute order #42 to reflect that the parties have exchanged their initial round of settlement letters in this matter. To further facilitate the negotiations at the 4/8/21 settlement conference, plaintiff shall respond to defendant's 1/7/21 settlement letter with an updated demand by 3/11/21. Defendant shall then respond with an updated offer by 3/25/21. The parties shall submit their updated demand/offer to the Court's settlement correspondence e-mail address on the same day they are provided to opposing counsel. Mailed notice (cc, ) |
| Filing 42 MINUTE entry before the Honorable Jeffrey Cummings: By agreement of the parties, the Court schedules a remote video settlement conference for 4/8/21 at 1:00 p.m. In advance of the settlement conference, counsel for the parties will receive the instructions for participation in the remote settlement conference and for participation in a brief pre-settlement conference practice session with the Court's staff. Plaintiff shall submit a settlement demand letter by 3/11/21. Defendant is ordered to provide a written settlement offer letter in response to plaintiff's demand by 3/25/21. The parties' settlement letters shall comply with the requirements of this Court's Standing Order for Settlement Conferences, and the letters shall be submitted to the Court's settlement correspondence mailbox, (Settlement_Correspondence_Cummings@ilnd.uscourts.gov), on the same day they are provided to opposing counsel. Mailed notice (cc, ) |
| Filing 41 MINUTE entry before the Honorable Jeffrey Cummings: The Court is in receipt of plaintiff's settlement demand letter. Defendant shall submit a response letter in accordance with the Court's Standing Order for Settlement Conferences by 1/20/21. Also by 1/20/21, the parties shall submit to the Court's settlement correspondence e-mail address (Settlement_Correspondence_Cummings@ilnd.uscourts.gov) the dates they are mutually available for a remote settlement conference in February and March 2021. Mailed notice (cc, ) |
| Filing 40 MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff has failed to provide a settlement demand letter by 12/11/20 as this Court ordered on 12/3/20 #39 . By 1/4/21, plaintiff is ordered to either notify the Court and defense counsel if plaintiff is no longer interested in proceeding with a settlement conference at this time or to submit a settlement demand letter to the Court's settlement conference mailbox (Settlement_Correspondence_Cummings@ilnd.uscourts.gov). Mailed notice (cc, ) |
| Filing 39 MINUTE entry before the Honorable Jeffrey Cummings: Telephonic status conference regarding settlement held. By 12/4/20, defense counsel shall provide plaintiff's counsel with the contractual document that was discussed. Plaintiff's settlement demand letter in conformance with the Court's Standing Order on Settlement Conferences is due 12/11/20, and defendant's conforming settlement offer letter is due 12/18/20. Each party shall email a copy of its letter to Judge Cummings' chambers on the same day that it is provided to opposing counsel. The settlement letters shall be submitted to the Court by e-mail to the Court's settlement correspondence e-mail address (Settlement_Correspondence_Cummings@ilnd.uscourts.gov). On or before 12/31/20, the parties shall jointly advise the Court whether they are interested in proceeding with a settlement conference and, if so, the dates in February and March 2021 when they will be available for a remote video settlement conference. Mailed notice (lp, ) |
| Filing 38 MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report on settlement #35 . Telephonic status hearing set for 12/3/20 at 10:30 a.m. to discuss what information should be exchanged in advance of a settlement conference with the Court. Members of the public and media will be able to call in to listen to the hearing. The call-in number is (888) 684-8852 and the access code is 3997645. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (cc, ) |
| Filing 37 MINUTE entry before the Honorable Sara L. Ellis: Status hearing set for 2/16/2021 is stricken. Mailed notice (rj, ) |
| Filing 36 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0027: Pursuant that to the Executive Committee Order entered on September 23, 2020 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Franklin U. Valderrama; therefore IT IS HEREBY ORDERED that the attached list of 371 cases be reassigned to the Honorable Franklin U. Valderrama; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Franklin U. Valderrama's 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 Franklin U. Valderrama 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 Franklin U. Valderrama for all further proceedings. Honorable Sara L. Ellis no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/28/2020.(docket3, ) |
| Filing 35 STATUS Report Joint Initial by Maria Avila (Sanchez, Jorge) |
| Filing 34 MINUTE entry before the Honorable Jeffrey Cummings: This case has been referred to Magistrate Judge Cummings to conduct a settlement conference. The parties are ordered to submit a joint status report regarding settlement to this Court's settlement correspondence mailbox (Settlement_Correspondence_Cummings@ilnd.uscourts.gov) at their earliest convenience but no later than 9/22/20. In their status report, the parties shall address the issues set forth in the first paragraph of the second page of the Court's Standing Order For Settlement Conferences and provide the dates that the parties are mutually available in November and December for a remote video settlement conference. The deadlines for the submission of settlement letters described in the Standing Order and the date for the settlement conference will be promptly set after the joint status report is received. Mailed notice (cc, ) |
| Filing 33 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: settlement conference. (rj, )Mailed notice. |
| Filing 32 MINUTE entry before the Honorable Sara L. Ellis: Status hearing held on 9/8/2020. Discovery schedule: MIDP are due by 10/12/2020; written discovery to issue by 10/26/2020; final supplementation of MIDP is due by 7/9/2021; fact discovery closes on 8/10/2021. Referral entered to Magistrate Judge Cummings for settlement conference. Next status date set for 2/16/2021 at 9:30 AM to report on discovery and settlement. Mailed notice (rj, ) |
| Filing 31 STATUS Report Joint Initial by Maria Avila (Sanchez, Jorge) |
| Filing 30 MINUTE entry before the Honorable Sara L. Ellis: Telephone status hearing set for 9/8/2020 at 9:30 a.m. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 29 ANSWER to amended complaint by Nadia Ardalan Espinel (Holleb, Joshua) |
| Filing 28 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for extension of time to answer or otherwise plead #26 . Defendants' responsive pleading is due by 8/28/2020. The Court strikes the status date set for 7/28/2020 and resets it to 9/8/2020 at 9:30 a.m. with and initial status report due by 9/2/2020. Mailed notice (rj, ) |
| Filing 27 NOTICE of Motion by Joshua David Holleb for presentment of motion for extension of time to file answer #26 before Honorable Sara L. Ellis on 7/23/2020 at 09:30 AM. (Holleb, Joshua) |
| Filing 26 MOTION by Defendant Nadia Ardalan Espinel for extension of time to file answer Agreed Motion for Extension of Time (Holleb, Joshua) |
Filing 25
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. (Clerk7, Docket)
|
| Filing 24 MINUTE entry before the Honorable Sara L. Ellis: Defendant's responsive pleading is due by 7/17/2020. The Court sets a status hearing for 7/28/2020 at 9:30 a.m. with the initial status report due by 7/21/2020. Mailed notice (rj, ) |
| Filing 23 FIRST AMENDED complaint by Maria Avila against Nadia Ardalan Espinel (Attachments: #1 Notice of Filing)(Sanchez, Jorge) |
|
Filing 22
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. (docket8, )
|
| Filing 21 MINUTE entry before the Honorable Sara L. Ellis: Pursuant to notice of dismissal #19 , ABBVIE, INC., is dismissed WITHOUT PREJUDICE. Mailed notice (rj, ) |
|
Filing 20
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. (docket7, )
|
| Filing 19 NOTICE of Voluntary Dismissal by Maria Avila of Defendant Abbvie, Inc., without prejudice (Sanchez, Jorge) |
|
Filing 18
ORDER: Motion by Tracie Lynn Bryant for leave to appear pro hac vice #16 is granted. Signed by the Honorable Sara L. Ellis on 4/6/2020. Mailed notice (lma, )
|
|
Filing 17
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, )
|
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16877741. (Bryant, Tracie) |
|
Filing 15
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, )
|
| Filing 14 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendant's motion for extension of time to answer or otherwise plead #11 . Defendant's responsive pleading is due by 3/20/2020. The Court strikes the status date set for 2/25/2020 and resets it to 3/26/2020 at 1:30 PM with the initial status report due by 3/19/2020. Mailed notice (rj, ) |
| Filing 13 ATTORNEY Appearance for Defendant Nadia Ardalan Espinel by Joshua David Holleb CORRECTED Attorney Appearance (Holleb, Joshua) |
| Filing 12 NOTICE of Motion by Joshua David Holleb for presentment of motion for extension of time to file response/reply #11 before Honorable Sara L. Ellis on 2/20/2020 at 01:45 PM. (Holleb, Joshua) |
| Filing 11 MOTION by Defendants Nadia Ardalan Espinel, Abbvie, Inc. for extension of time to file response/reply as to complaint #1 (Holleb, Joshua) |
| Filing 10 ATTORNEY Appearance for Defendants Nadia Ardalan Espinel, Abbvie, Inc. by Joshua David Holleb (Holleb, Joshua) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Abbvie, Inc. (Hurst, James) |
| Filing 8 ATTORNEY Appearance for Defendant Abbvie, Inc. by James F. Hurst (Hurst, James) |
| Filing 7 SUMMONS Returned Executed by Maria Avila as to Nadia Ardalan Espinel on 1/29/2020, answer due 2/19/2020. (Sanchez, Jorge) |
| Filing 6 SUMMONS Returned Executed by Maria Avila as to Abbvie, Inc. on 1/28/2020, answer due 2/18/2020. (Sanchez, Jorge) |
| SUMMONS Issued as to Defendants Nadia Ardalan Espinel, Abbvie, Inc. (axc, ) |
| Filing 5 MINUTE entry before the Honorable Sara L. Ellis: The initial status conference in this matter is set for 2/25/2020 at 9:30AM. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' web site and to submit the required Initial Status Report by 2/18/2020. Mailed notice (rj, ) |
| 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, ) |
| CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (daj, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Maria Avila by Jorge Sanchez (Sanchez, Jorge) |
| Filing 2 CIVIL Cover Sheet (Sanchez, Jorge) |
| Filing 1 COMPLAINT filed by Maria Avila; Jury Demand. Filing fee $ 400, receipt number 0752-16559074. (Attachments: #1 Exhibit Consent to Sue)(Sanchez, Jorge) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
