Tisdall v. C&W Facility Services, Inc. et al
| Scott Tisdall |
| Amazon Fulfillment Services, Inc., C&W Facility Services, Inc., C&W Facility Services, Inc. doing business as C&W Services and Amazon Fulfillment Services, Inc. doing business as Amazon Fulfillment Services, Inc. |
| 1:2020cv00092 |
| January 6, 2020 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Both |
Docket Report
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This docket was last retrieved on October 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 65 ENTERED JUDGMENT Signed by the Honorable John J. Tharp, Jr on 10/29/2021. Mailed notice(air, ) |
Filing 64
ORDER Signed by the Honorable John J. Tharp, Jr on 10/29/2021: Upon review of the plaintiff's supplemental memorandum regarding diversity jurisdiction #58 , the Court concludes that it does not have subject matter jurisdiction over the remaining claims asserted in the amended complaint because the amount in controversy does not exceed $75,000. Accordingly, the remaining state law claims are dismissed without prejudice. The plaintiff's motion to dismiss the defendant's counterclaim #22 is denied as moot. See Statement below for details. Enter Judgment Order. Civil case terminated. Mailed notice(air, )
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| Filing 63 MINUTE entry before the Honorable John J. Tharp, Jr:Upon review of the plaintiff's supplemental memorandum regarding diversity jurisdiction #58 , the Court concludes that it does not have subject matter jurisdiction over the remaining claims asserted in the amended complaint because the amount in controversy does not exceed $75,000. Accordingly, the remaining state law claims are dismissed without prejudice. The plaintiff's motion to dismiss the defendant's counterclaim #22 is denied as moot. See Statement below for details. Enter Judgment Order. Civil case terminated. Mailed notice (air, ) |
| Filing 62 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant Amazon Fulfillment Services, Inc.'s motion to dismiss #17 is denied as moot. The defendant was terminated from this case on 6/22/2021 #51 . Mailed notice (air, ) |
| Filing 61 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's unopposed motion to extend the briefing schedule #60 is granted. The defendant's response is due by 10/6/2021; any reply due by 10/13/2021. Mailed notice (air, ) |
| Filing 60 MOTION by Defendant C&W Facility Services, Inc. for extension of time Unopposed Motion to Extend Briefing Schedule (Andrews, Gregory) |
| Filing 59 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Jonathan B. Cifonelli's motion to withdraw as counsel #57 is granted. No appearance on the motion is required. Attorney Jonathan B. Cifonelli's appearance as counsel shall be terminated. Mailed notice (air, ) |
| Filing 58 Plaintiff's Memorandum in Support of Federal Diversity Jurisdiction by Scott Tisdall (Franklin, Jamie) |
| Filing 57 MOTION by Attorney Jonathan B. Cifonelli to withdraw as attorney for C&W Facility Services, Inc., C&W Facility Services, Inc.. No party information provided (Andrews, Gregory) |
| Filing 56 MINUTE entry before the Honorable John J. Tharp, Jr:Telephone status hearing held. Parties have been unable to reach a resolution. Briefing on the jurisdictional question and the amount in controversy is as follows: Plaintiff's motion is due by 9/8/21. Defendant's response is due by 9/22/21; any reply due by 9/29/21. Once the motion has been fully briefed the Court will rule via CM/ECF notice and set future dates as appropriate. Mailed notice (air, ) |
| Filing 55 MINUTE entry before the Honorable John J. Tharp, Jr:Telephone status hearing held and by agreement of the parties continued to 9:00 a.m. on Wednesday, August 25, 2021 to further explore settlement options and to consider whether to seek a settlement conference with the assigned Magistrate Judge. Directions for counsel and the parties for participating in the telephonic hearing will be provided by email prior to the hearing. Counsel are instructed to use those directions, which require logging into the call via a web site. Members of the public and media who wish to listen to this hearing may call in to the hearing by dialing 877-848-7030 and, upon prompting, entering the access code: 5784864. Persons granted remote access to proceedings are reminded that this is a court proceeding and should be treated as such; phones should be muted at all times unless you are authorized to participate in the hearing. In addition, the general prohibition against photographing, recording, and rebroadcasting of court proceedings applies. 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 (air, ) |
| Filing 54 MINUTE entry before the Honorable John J. Tharp, Jr:On the Court's own motion the telephone conference set for 8/10/21 is reset for 10:30 a.m. [TIME CHANGE ONLY] Mailed notice (air, ) |
| Filing 53 MINUTE entry before the Honorable John J. Tharp, Jr.:Telephone status hearing held and continued to 8/10/21 at 9:00 a.m. to allow the parties additional time to explore settlement. If no agreement has been reached by the next status, a briefing schedule will be set on the amount-in-controversy issues. Directions for counsel and the parties for participating in the telephonic hearing will be provided by email prior to the hearing. Counsel are instructed to use those directions, which require logging into the call via a web site. Members of the public and media who wish to listen to this hearing may call in to the hearing by dialing 877-848-7030 and, upon prompting, entering the access code: 5784864. Persons granted remote access to proceedings are reminded that this is a court proceeding and should be treated as such; phones should be muted at all times unless you are authorized to participate in the hearing. In addition, the general prohibition against photographing, recording, and rebroadcasting of court proceedings applies. 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 (air, ) |
| Filing 52 MINUTE entry before the Honorable John J. Tharp, Jr:Telephone conference held. Parties have begun settlement discussions and are strongly encouraged to make a good faith effort in seeking a resolution. Telephone status on 7/26/21 at 9:30 a.m. C&W's response to the amended complaint is stayed pending further order. Mailed notice (air, ) |
| Filing 51 AMENDED complaint by Scott Tisdall against C&W Facility Services, Inc. and terminating Amazon Fulfillment Services, Inc. (Franklin, Jamie) |
| Filing 50 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Jody Wilner Moran's motion to withdraw #49 is granted. Her appearance on behalf of C&W Facility Services is terminated. Mailed notice (air, ) |
| Filing 49 MOTION by Attorney Jody Wilner Moran to withdraw as attorney for C&W Facility Services, Inc.. No party information provided (Cifonelli, Jonathan) |
| Filing 48 ATTORNEY Appearance for Defendant C&W Facility Services, Inc. by Gregory Harvey Andrews (Andrews, Gregory) |
| Filing 47 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's unopposed request to reset the 6/17/21 telephone hearing, is granted. Hearing is reset for 9:30 a.m. on 6/22/21. Directions for counsel and the parties for participating in the telephonic hearing will be provided by email prior to the hearing. Counsel are instructed to use those directions, which require logging into the call via a web site. Members of the public and media who wish to listen to this hearing may call in to the hearing by dialing 877-848-7030 and, upon prompting, entering the access code: 5784864. Persons granted remote access to proceedings are reminded that this is a court proceeding and should be treated as such; phones should be muted at all times unless you are authorized to participate in the hearing. In addition, the general prohibition against photographing, recording, and rebroadcasting of court proceedings applies. 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 (air, ) |
| Filing 46 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff Scott Tisdall's motion for leave to file an amended complaint #44 is granted. The notice of presentment is stricken, and a telephone hearing is scheduled for 6/17/2021 at 9:15 a.m. Because the plaintiff seeks to dismiss defendant Amazon Fulfillment Services, Inc. from this case, counsel for Amazon Fulfillment Services is not required to attend. Tisdall and C&W Facility Services, Inc. should be prepared to discuss whether this Court has diversity subject matter jurisdiction over plaintiff's proposed amended complaint and, if not, whether the parties' state law claims should be dismissed without prejudice to be pursued in state court. See, e.g., Wright v. Associated Ins. Cos. Inc., 29 F.3d 1244, 1251 (7th Cir. 1994) (explaining that "the general rule is that, when all federal claims are dismissed before trial, the district court should relinquish jurisdiction over pendent state-law claims rather than resolving them on the merits" because "[i]n the usual case," consideration of the factors of "judicial economy, convenience, fairness and comity" weigh against exercising supplemental jurisdiction); Rodriguez v. City of Chicago, 370 F. Supp. 3d 848, 861 (N.D. Ill. 2019) (highlighting the "three well-recognized exceptions" to the "well-established law of this circuit that the usual practice is to dismiss without prejudice state supplemental claims whenever all federal claims have been dismissed prior to trial") (citations omitted). Directions for counsel and the parties for participating in the telephonic hearing will be provided by email prior to the hearing. Counsel are instructed to use those directions, which require logging into the call via a web site. Members of the public and media who wish to listen to this hearing may call in to the hearing by dialing 877-848-7030 and, upon prompting, entering the access code: 5784864. Persons granted remote access to proceedings are reminded that this is a court proceeding and should be treated as such; phones should be muted at all times unless you are authorized to participate in the hearing. In addition, the general prohibition against photographing, recording, and rebroadcasting of court proceedings applies. 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 (air, ) |
| Filing 45 NOTICE of Motion by Jamie S. Franklin for presentment of motion for miscellaneous relief #44 before Honorable John J. Tharp Jr. on 6/17/2021 at 09:00 AM. (Franklin, Jamie) |
| Filing 44 MOTION by Counter Defendant Scott Tisdall, Plaintiff Scott Tisdall for Leave to File Amended Complaint (Franklin, Jamie) |
| Filing 43 WITHDRAWING Jenna Kim as counsel for Defendant Amazon Fulfillment Services, Inc. and substituting Jin Jia To as counsel of record (To, Jin) |
| Filing 42 AGREED Confidentiality Order Signed by the Honorable John J. Tharp, Jr on 11/20/2020. Mailed notice(air, ) |
| Filing 41 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint motion for the entry of the agreed confidentiality order #39 is granted. Enter Order. Mailed notice (air, ) |
| Filing 40 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint motion for the entry of the agreed confidentiality order #39 is taken under advisement. The Court has not received the proposed order, so the parties are asked to resend the order to [Proposed_Order_Tharp@ilnd.uscourts.gov]. Mailed notice (air, ) |
| Filing 39 MOTION by Defendant C&W Facility Services, Inc. for protective order JOINT MOTION FOR ENTRY OF AGREED CONFIDENTIALITY ORDER (Cifonelli, Jonathan) |
| Filing 38 NOTICE by Jamie S. Franklin of Change of Address (Franklin, Jamie) |
| Filing 37 NOTICE by Jenna Kim of Change of Address (Change of Suite Number) (Kim, Jenna) |
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Filing 36
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)
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| Filing 35 REPLY by Defendant Amazon Fulfillment Services, Inc. to Motion to Dismiss for Failure to State a Claim #17 (Defendant Amazon's Reply in Support of Its Motion to Dismiss Plaintiff's Complaint) (Kim, Jenna) |
| Filing 34 RESPONSE by C&W Facility Services, Inc.in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendant Scott Tisdall, Plaintiff Scott Tisdall #22 (Moran, Jody) |
| Filing 33 CERTIFICATE of Service of Plaintiff's Mandatory Initial Disclosures by Jamie S. Franklin on behalf of Scott Tisdall (Franklin, Jamie) |
| Filing 32 CERTIFICATE of Service C&W FACILITY SERVICES, INC.'S NOTICE OF SERVICE OF MANDATORY INITIAL DISCOVERY DISCLOSURES by Jody Wilner Moran on behalf of C&W Facility Services, Inc. (Moran, Jody) |
| Filing 31 MEMORANDUM by Scott Tisdall in Opposition to Motion to Dismiss for Failure to State a Claim #17 (Franklin, Jamie) |
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Filing 30
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. (docket9, )
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| Filing 29 STATUS Report JOINT STATUS REPORT by C&W Facility Services, Inc. (Moran, Jody) |
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Filing 28
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, )
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Filing 27
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. (docket6, )
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Filing 26
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 25 MINUTE entry before the Honorable John J. Tharp, Jr: Briefing schedules having been set for defendants' motions to dismiss. No appearance is required on 3/17/20. Mailed notice (air, ) |
| Filing 24 MINUTE entry before the Honorable John J. Tharp, Jr:Motion hearing held. Motions to dismiss #17 #22 are taken under advisement. Briefing is as follows: Responses are due by 4/9/20; replies are due by 4/23/20. Once the motions are fully briefed, the Court will rule via CM/ECF notice and set future dates as appropriate. Parties may proceed with formal discovery once they have complied with their MIDP obligations. Amazon is not required to provide MIDP disclosures at this time. Mailed notice (air, ) |
| Filing 23 NOTICE of Motion by Jamie S. Franklin for presentment of Motion to Dismiss for Failure to State a Claim #22 before Honorable John J. Tharp Jr. on 3/17/2020 at 09:00 AM. (Franklin, Jamie) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendant Scott Tisdall, Plaintiff Scott Tisdall (Franklin, Jamie) |
| Filing 21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Amazon Fulfillment Services, Inc. (Defendant Amazon's Rule of Civil Procedure 7.1 and Local Rule 3.2 Disclosure Statement) (Kim, Jenna) |
| Filing 20 STATUS Report (Joint Initial Status Report) by Amazon Fulfillment Services, Inc. (Kim, Jenna) |
| Filing 19 NOTICE of Motion by Jenna Kim for presentment of Motion to Dismiss for Failure to State a Claim #17 before Honorable John J. Tharp Jr. on 3/12/2020 at 09:00 AM. (Kim, Jenna) |
| Filing 18 MEMORANDUM by Amazon Fulfillment Services, Inc. in support of Motion to Dismiss for Failure to State a Claim #17 (Defendant Amazon's Memorandum of Law in Support of Its Rule 12(b)(1) and 12(b)(6) Motion to Dismiss Count I of Plaintiff's Complaint With Respect to Amazon) (Attachments: #1 Exhibit 1 - Affidavit of Duane Nelson)(Kim, Jenna) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Amazon Fulfillment Services, Inc. (Defendant Amazon's Rule 12(b)(1) and 12(b)(6) Motion to Dismiss Count I of Plaintiff's Complaint With Respect to Amazon) (Kim, Jenna) |
| Filing 16 DEFENDANT C&W FACILITY SERVICES, INC.'S ANSWER to Complaint , DEFENDANT C&W FACILITY SERVICES, INC.'S COUNTERCLAIM filed by C&W Facility Services, Inc. against Scott Tisdall . by C&W Facility Services, Inc. (Attachments: #1 Exhibit Offer Letter and Agreement)(Moran, Jody) |
| Filing 15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by C&W Facility Services, Inc. DEFENDANT C&W FACULTY SERVICES, INC.S RULE 7.1 CORPORATE DISCLOSURE STATEMENT (Moran, Jody) |
| Filing 14 ATTORNEY Appearance for Defendant C&W Facility Services, Inc. by Jonathan Booker Cifonelli APPEARANCE (Cifonelli, Jonathan) |
| Filing 13 ATTORNEY Appearance for Defendant C&W Facility Services, Inc. by Jody Wilner Moran APPEARANCE (Moran, Jody) |
| Filing 12 MINUTE entry before the Honorable John J. Tharp, Jr:This case is set for an initial status conference on 3/12/20 at 9:00 a.m. The parties are directed to review the procedures for initial status conferences, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==], and to submit the required initial status report no later than 3/9/20. Mailed notice (air, ) |
| Filing 11 ATTORNEY Appearance for Defendant Amazon Fulfillment Services, Inc. by Jenna Kim (Kim, Jenna) |
| Filing 10 ATTORNEY Appearance for Defendant Amazon Fulfillment Services, Inc. by Michael A. Wilder (Wilder, Michael) |
| Filing 9 WAIVER OF SERVICE returned executed by Scott Tisdall. Amazon Fulfillment Services, Inc. waiver sent on 1/7/2020, answer due 3/9/2020. (Franklin, Jamie) |
| Filing 8 WAIVER OF SERVICE returned executed by Scott Tisdall. C&W Facility Services, Inc. waiver sent on 1/7/2020, answer due 3/9/2020. (Franklin, Jamie) |
| Filing 7 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. (las, ) |
| Filing 6 REQUEST for Waiver of Service sent to Amazon Fulfillment Services Inc. on 01/06/2020 by Plaintiff Scott Tisdall. Waiver of service due by 2/10/2020. (Franklin, Jamie) |
| Filing 5 REQUEST for Waiver of Service sent to C&W Facility Services, Inc. on 01/06/2020 by Plaintiff Scott Tisdall. Waiver of service due by 2/10/2020. (Franklin, Jamie) |
| Filing 4 CIVIL Cover Sheet (Franklin, Jamie) |
| Filing 3 CIVIL Cover Sheet (Franklin, Jamie) |
| Filing 2 ATTORNEY Appearance for Plaintiff Scott Tisdall by Jamie S. Franklin (Franklin, Jamie) |
| Filing 1 COMPLAINT filed by Scott Tisdall; Jury Demand. Filing fee $ 400, receipt number 0752-16584554.(Franklin, Jamie) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (txl, ) |
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