Juana Aurora Cutino Alfaro v. Aerolineas Damojh, S.A. de C.V., et al
| Juana Aurora Cutino Alfaro, Special Administrator of the Estates of Carlos Miguel de la Cruz Cutino, Deceased, and Grettel Isel de la Cruz Cutino, Deceased,, Eddy Rodriguez Figueira, Elba Buitrago Cabrera, Samuel Oliva, Susell Buitrago Santiesteban, Guadalupe Espinosa Sanchez, Juana Aurora Cutino Alfaro, Eddie Rodriguez Tiqueira, Jose Alejandro Herna Ricardo and Anamary Font Granado |
| THE BOEING COMPANY, a corporation, AEROLINEAS DAMOJH, S.A. de C.V., a foreign corporation, d/b/a GLOBAL AIR, Pan Am International Flight Academy, Aerolineas Damojh, S. A. de C.V., Global One Training Group LLC, Meigas Aviation 23180 Inc., The Boeing Company, Wells Fargo Trust Company, N.A. f/k/a Wells Fargo Bank Northwest, N.A., Meigas Aviation Services Ltd, Meigas Aviation Services LLC, Aerolineas Damojh, S. A. de C.V. a foreign corporation doing business as Global Air, Wells Fargo Trust Company, N.A. and Wells Fargo Bank Northwest, N.A., a corporation |
| 1:2020cv02141 |
| April 6, 2020 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Ronald A Guzman |
| P.I.: Airplane Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Airline Crash |
| Defendant |
Docket Report
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| Filing 54 MINUTE entry before the Honorable Edmond E. Chang: In light of the filing of the Master Consolidated Amended Complaint in 19-cv-2552, the case is closed. The motion to compel #32 the deposition of Manuel Rodriguez Campo (and the response and reply, R. 46, 48) are deemed operative in 19-cv-2552. Civil case terminated. Emailed notice (mw, ) |
| Filing 53 MINUTE entry before the Honorable Edmond E. Chang: This entry is posted in both 19-cv-02552 and 20-cv-02141. The Plaintiffs' motion to compel from Global Air is under advisement. Status hearing of 10/09/2020 is reset to 10/30/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 52 MINUTE entry before the Honorable Edmond E. Chang: This docket entry is posted in both Pelegrino, 19-cv-2552, and Alfaro, 20-cv-2141. In response to the Court's inquiry in the Alfaro case, 20-cv-2141, R. 49, the parties propose that the Plaintiffs bring the two cases together by filing a master consolidated complaint in Pelegrino. See 20-cv-2141, R. 49. That is sensible in light of the overlapping allegations and the near-duplicative filings generated on both dockets. The master consolidated complaint shall be filed on 10/13/2020. All filings after that date shall be made on the Pelegrino docket (and indeed, in the interim, if a filing is plainly applicable to both cases, the parties may simply file on the Pelegrino docket going forwards). Over the objection of Defendant Wells Fargo, the Plaintiffs also may amend the allegations in the master consolidated complaint to address the arguments in Wells Fargo's dismissal motion #38 . This would be the first amendment in response to the dismissal motion, so it is not as if a dismissal with **prejudice** would have been a likely outcome of the dismissal motion anyway. So the Wells Fargo motions to dismiss on both dockets are terminated without prejudice. All of this moots the extension motion #50 filed by the Plaintiffs. The answers or Rule 12 motions in response to the master consolidated complaint are due by 11/03/2020, though the parties may file an extension motion if warranted. Emailed notice (Chang, Edmond) |
| Filing 51 RESPONSE by Wells Fargo Trust Company, N.A. to MOTION by Plaintiffs Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira for ext #50 (Tonn, Robert) |
| Filing 50 MOTION by Plaintiffs Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira for extension of time UNCONTESTED (Bartlett, Austin) |
| Filing 49 STATUS Report JOINT STATUS REPORT by Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira (Bartlett, Austin) |
| Filing 48 REPLY by Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira to memorandum in opposition to motion #46 (Bartlett, Austin) |
| Filing 47 MINUTE entry before the Honorable Edmond E. Chang: The Wells Fargo disclosure statement, R. 40, is terminated as a motion because it is not one. On the Wells Fargo motion to dismiss #38 , the Court issues the following inquiry: is this motion and its brief in effect duplicates of the dismissal motion and brief filed in 19-cv-2552? The parties shall confer and if the answer is yes or close to yes, then this raises the issue of whether to bring the cases together with a consolidated complaint. Various problems with two dockets in essentially the same case include, for example, poring through the briefs to ensure that they indeed present the same arguments, as well as picking through the overlapping pleadings to cite different paragraph numbers of the respective pleadings which say the same thing. This will keep happening so long as the cases are separated. Consolidating the pleadings and the dockets does not mean that the claims need to be consolidated for trial, if that is what the defense is worried about. The parties shall confer and propose a way forward in a joint status report filed by 09/11/2020. If nothing changes, then the same response deadline of 09/21/2020 and reply deadline of 10/05/2020 will apply. Emailed notice (mw, ) |
| Filing 46 MEMORANDUM by Aerolineas Damojh, S. A. de C.V. in Opposition to motion to compel, #32 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Valentine, Susan) |
| Filing 45 ATTORNEY Appearance for Defendant Aerolineas Damojh, S. A. de C.V. by Christopher R. Christensen (Christensen, Christopher) |
| Filing 44 ATTORNEY Appearance for Defendant Aerolineas Damojh, S. A. de C.V. by Allison Marie Surcouf (Surcouf, Allison) |
| Filing 43 MINUTE entry before the Honorable Edmond E. Chang: Gary Halbert's motion to appear pro hac vice for Defendant Wells Fargo Trust Company, N.A. #41 is granted. Emailed notice (mw, ) |
| Filing 42 ATTORNEY Appearance for Defendant Aerolineas Damojh, S. A. de C.V. by Susan Valentine (Valentine, Susan) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150. (Halbert, Gary) |
| Filing 40 MOTION by Defendant Wells Fargo Trust Company, N.A. for disclosure statement Rule 7.1 (Tonn, Robert) |
| Filing 39 MEMORANDUM (Tonn, Robert) |
| Filing 38 MOTION by Defendant Wells Fargo Trust Company, N.A. to dismiss (Tonn, Robert) |
| Filing 37 ATTORNEY Appearance for Defendant Wells Fargo Trust Company, N.A. by Robert Edwin Tonn (Tonn, Robert) |
| Filing 36 SUPPLEMENT to motion to compel, #32 deposition of Manuel Rodriguez Campo (Attachments: #1 Exhibit Declaration of Pan Am)(Bartlett, Austin) |
| Filing 35 MINUTE entry before the Honorable Edmond E. Chang: This entry applies to both 19-cv-2552 and 20-cv-2141. Plaintiffs unopposed motion to supplement the motion to compel #34 is granted. The requested extension is granted too: Global Air's response on the motion #32 is due by 08/21/2020. Plaintiffs' reply is due by 09/04/2020. The status hearing of 09/18/2020 is reset to 10/09/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 34 MOTION by Plaintiffs Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira to supplement Motion to Compel (Attachments: #1 Exhibit Declaration of Pan Am)(Bartlett, Austin) |
| Filing 33 SEALED DOCUMENT by Plaintiffs Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira Group Exhibit C to Motion to Compel Deposition (Bartlett, Austin) |
| Filing 32 MOTION by Plaintiffs Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira to compel deposition of Manuel Rodriguez Campo (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex D, #4 Exhibit Ex E)(Bartlett, Austin) |
| Filing 31 MINUTE entry before the Honorable Edmond E. Chang: This entry applies to both 19-cv-2552 and 20-cv-2141. On review of the status report, after Plaintiffs file the motion to compel against Global Air as to personal-jurisdiction discovery on 07/17/2020, Global Air's response is due by 08/07/2020. Plaintiffs' reply is due by 08/21/2020. This is a presumptive schedule (obviously the Court has not reviewed the motion yet), so either side may move to extend or to accelerate the scheduled). Plaintiffs continue to try to locate Meigas Aviation Services, Ltd., Meigas Aviation 23180, Inc., and Meigas Aviation Services, LLC. Plaintiffs are authorized to issue early subpoenas to assist in that effort. In light of the voluminous Boeing document production, there is no need for further inquiry into that right now. So the status hearing of 07/20/2020 in both cases is reset to 09/18/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file another status report by 09/08/2020. Emailed notice (mw, ) |
| Filing 30 STATUS Report JOINT STATUS REPORT by Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira (Bartlett, Austin) |
Filing 29
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. (Clerk9, Docket)
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| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: This entry is being posted in 19-cv-2552 and 20-cv-2141. On review of the status reports, the Court expects that the respective Plaintiffs will promptly file the discovery motions as suggested in the report. The Court will set a briefing schedule after a preliminary review of the motions. The suggestion of the Plaintiffs for a settlement conference is well taken, but the Court cannot outright order one that would include Global Air until the personal jurisdiction issue is resolved, and also the new parties must be served and brought into the case. Otherwise, it would make sense to use the already available information as the basis for resolution. For now, the status hearing of 07/20/2020 remains in place, with a single joint status report (covering both 19-cv-2552 and 20-cv-2141) to be filed on both dockets on 07/15/2020. That report deadline might be continued if discovery motions are filed before then. Emailed notice (mw, ) |
| SUMMONS Issued as to Defendants Global One Training Group LLC, Pan Am International Flight Academy, Wells Fargo Trust Company, N.A. (mp, ) |
| Filing 27 STATUS Report JOINT STATUS REPORT by Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira (Bartlett, Austin) |
| Filing 26 ANSWER to amended complaint by The Boeing Company(Hamilton, Steven) |
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Filing 25
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. (docket10, )
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| Filing 24 ATTORNEY Appearance for Plaintiffs Juana Aurora Cutino Alfaro, Susell Buitrago Santiesteban, Elba Buitrago Cabrera, Guadalupe Espinosa Sanchez, Anamary Font Granado, Samuel Oliva, Jose Alejandro Herna Ricardo, Eddy Rodriguez Figueira, Eddie Rodriguez Tiqueira by Austin William Bartlett (Attachments: #1 Certificate of Service)(Bartlett, Austin) |
| Filing 23 Third AMENDED complaint by Eddie Rodriguez Tiqueira, Jose Alejandro Herna Ricardo, Juana Aurora Cutino Alfaro, Elba Buitrago Cabrera, Anamary Font Granado, Susell Buitrago Santiesteban, Eddy Rodriguez Figueira, Guadalupe Espinosa Sanchez, Samuel Oliva against All Defendants (Bartlett, Austin) |
| Filing 22 MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' emergency motion (filed on the docket in Case No. 19-cv-02552) for leave to file the amended complaint is granted. The pleading is deemed to be filed, but Plaintiffs shall promptly file it on this docket as a separate docket entry for clarity's sake. Boeing's answer is due by 06/15/2020. Aerolineas's answer deadline is suspended for now in light of the jurisdictional issue.Emailed notice (Chang, Edmond) |
| Filing 21 MINUTE entry before the Honorable Edmond E. Chang: Attorney James Neale's motion to appear pro hac vice #18 is granted.Emailed notice (Chang, Edmond) |
| Filing 20 RESPONSE by Defendant The Boeing Company to text entry,, #19 of No Opposition (Neale, James) |
| Filing 19 MINUTE entry before the Honorable Edmond E. Chang: On the docket of related Case No. 19-cv-02552, Plaintiffs have filed an emergency motion that applies to this case too. On review of that motion, it seems that the request to file an amended complaint is appropriate given the early procedural posture of the case and given the interest in eliminating any statute of limitations concern. In any event, any defense objection must be filed by 12 p.m. tomorrow, 05/16/2020. Emailed notice (Chang, Edmond) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17004676. (Neale, James) |
| Filing 17 AGREED PROTECTIVE ORDER Signed by the Honorable Edmond E. Chang on 5/8/2020: Mailed notice (mw, ) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: Joint Motion for Entry of Proposed Agreed Confidentiality Order #14 is granted. Mailed notice (mw, ) |
| Filing 15 NOTICE by The Boeing Company re MOTION by Defendant The Boeing Company for protective order [Joint Motion for Entry of Proposed Agreed Confidentiality Order] #14 (Hamilton, Steven) |
| Filing 14 MOTION by Defendant The Boeing Company for protective order [Joint Motion for Entry of Proposed Agreed Confidentiality Order] (Attachments: #1 Exhibit A)(Hamilton, Steven) |
| Filing 13 ATTORNEY Appearance for Plaintiffs Juana Aurora Cutino Alfaro, Elba Buitrago Cabrera, Jose Alejandro Herna Ricardo, Eddie Rodriguez Tiqueira by Austin William Bartlett (Attachments: #1 Exhibit List of Plaintiffs, #2 Certificate of Service)(Bartlett, Austin) |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: Defendant's unopposed motion to reassign is granted, but with an alteration on consolidation. First, the following cases are reassigned, pursuant to Local Rule 40.4, to the calendar of Judge Edmond Chang in light of the complete liability-issue overlap with Case No. 1:19-cv-02552: (1) Alfaro v Aerolineas Damjojh, S.A. de C.V., Case No. 1:20-cv-02141; (2) Cabrera v. Aerolineas Damjojh, S.A. de C.V., Case No. 1:20-cv-02144; (3) Ricardo v. Aerolineas Damjojh, S.A. de C.V., Case No. 1:20-cv-02148; and (4) Tiqueria v. Aerolineas Damjojh, S.A. de C.V., Case No. 1:20-cv-2151. Second, because those four cases actually have the exact same operative complaint, had already been consolidated in state court, and are represented by the same lawyers, only Case No. 20-cv-2141 will be an operative case. The Court will add the Plaintiffs in the -2144, -2148, and -2151 cases as Plaintiffs in No. 20-cv-2141 and then terminate -2144, -2148, and -2151; those Plaintiffs' counsel shall file appearances for those clients after they are added to the docket. That way no quadruple filings need be made in those three cases, nor requires the parties to monitor those extra dockets for filings that might affect them. None of this shall prejudice the Defendants or any plaintiff in any case, because this is **not** a decision on consolidation or separation of parties, issues, or anything else for hearing or trial purposes under Civil Rule 42(a), (b). After -2141 is reassigned to Judge Chang, the parties in that case shall file a status report on that docket, after conferring with Plaintiffs' counsel in 19-cv-2552, on how to catch-up -2141 to 19-cv-2552, and what applies (hopefully everything) from this case to -2141. Also, -2141 is set for a status hearing on 07/20/2020 at 9:15 a.m., to coincide with 19-cv-2552. But for both cases, the status hearing will be held telephonically. The parties shall provide a contact number to the courtroom deputy (Michael_Wing@ilnd.uscourts.gov) by 1:00 p.m. on the prior business day. Mailed notice (mw, ) |
| Filing 11 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings pursuant to Rule 40.4. Related case No. 19cv2552. Honorable Ronald A. Guzman no longer assigned to the case. Signed by Executive Committee on 5/1/20.(gcy, ) |
| Filing 10 MINUTE entry before the Honorable Ronald A. Guzman: In lieu of an initial status hearing, the Court directs the parties to, within 45 days of the filing of the complaint or within 14 days of this order if the 45-day time period has already elapsed, confer to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. The parties shall also discuss deadlines for Rule 26(a)(1) disclosures and a proposed discovery plan. A written initial status report and proposed discovery plan shall be filed within 7 days of conferring as provided herein. Plaintiff is responsible for initiating such a meeting, and all lead counsel for all parties are required to participate. Failure or refusal to participate in such a meeting or to cooperate in the preparation of the written report may constitute a basis for sanctions. The Court will thereafter issue an order setting a discovery schedule. Mailed notice (is, ) |
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Filing 9
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. (docket9, )
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| Filing 8 ANSWER to Complaint with Jury Demand by The Boeing Company(Hamilton, Steven) |
| Filing 7 ATTORNEY Appearance for Plaintiff Juana Aurora Cutino Alfaro by Austin William Bartlett (Bartlett, Austin) |
| Filing 5 MAILED Notice of Removal letter to counsel of record. (gcy, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by THE BOEING COMPANY, a corporation (Hamilton, Steven) |
| Filing 3 CIVIL Cover Sheet (Hamilton, Steven) |
| Filing 2 ATTORNEY Appearance for Defendant THE BOEING COMPANY, a corporation by Steven David Hamilton (Hamilton, Steven) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2018L009431) filed by THE BOEING COMPANY, a corporation Filing fee $ 400, receipt number 0752-16913249. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hamilton, Steven) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (axc, ) |
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