Hernandez v. Illinois Institute Of Technology
| Omar Hernandez |
| Illinois Institute Of Technology |
| 1:2020cv03010 |
| May 20, 2020 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Franklin U Valderrama |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on May 2, 2022. A more recent docket listing may be available from PACER.
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Filing 72
ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #68 ; USCA Case No. 22-1741 (exr, )
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Filing 71
REPLY by Plaintiff Omar Hernandez to notice of appeal due letter #69 (Willey, Roy)
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Filing 70
TRANSMITTED to the 7th Circuit the short record on notice of appeal #68 . Notified counsel (aee, )
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Filing 69
NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #68 . (aee, )
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Filing 68
NOTICE of appeal by Omar Hernandez regarding orders #66 , #67 Filing fee $ 505, receipt number 0752-19389802. Receipt number: n (Willey, Roy)
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Filing 67
ENTERED JUDGMENT on 3/30/2022. Mailed notice (axc).
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Filing 66
MEMORANDUM Opinion and Order: For the reasons in the accompanying Opinion, the Court grants Defendant Illinois Institute of Technology's Motion to Dismiss #59 Plaintiff Omar Hernandez's Second Amended Complaint. Given that this is Hernandez's third pleading attempt, the dismissal is with prejudice. See Bank of Am., N.A. v. Knight, 725 F.3d 815, 81819 (7th Cir. 2013). This civil case is terminated. Signed by the Honorable Franklin U. Valderrama on 3/30/2022. Mailed notice (axc).
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Filing 65
REPLY by Defendant Illinois Institute Of Technology to Motion to Dismiss for Failure to State a Claim #59 (Eveland, William)
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Filing 64
RESPONSE by Omar Hernandezin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Illinois Institute Of Technology #59 (Willey, Roy)
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Filing 63
MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's unopposed motion to extend briefing schedule for defendant's motion to dismiss second amended complaint #62 is granted. The briefing schedule entered on 06/02/2021 #61 is modified as follows: Plaintiff's response due on or before 06/30/2021; Defendant's reply due on or before 07/23/2021. Mailed notice (axc).
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Filing 62
MOTION by Plaintiff Omar Hernandez for extension of time to file response/reply as to memorandum in support of motion #60 , set motion and R&R deadlines/hearings, #61 , Motion to Dismiss for Failure to State a Claim #59 Plaintiff's Unopposed Motion to Extend Briefing Schedule for Defendant's Motion to Dismiss Second Amended Complaint (Kurowski, Daniel)
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Filing 61
MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets the following briefing schedule on Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint #59 : Plaintiff's response due on or before 6/23/2021; Defendant's reply due on or before 7/9/2021. The Court will rule on Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint #59 via CM/ECF. Mailed notice (axc).
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Filing 60
MEMORANDUM by Illinois Institute Of Technology in support of Motion to Dismiss for Failure to State a Claim #59 Plaintiff's Second Amended Complaint (Attachments: #1 Exhibit A)(Eveland, William)
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Filing 59
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Illinois Institute Of Technology (Eveland, William)
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Filing 58
SECOND AMENDED complaint by Omar Hernandez against Illinois Institute Of Technology (Willey, Roy)
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Filing 57
MINUTE entry before the Honorable Franklin U. Valderrama: Tracking status set for 5/26/2021 is stricken #52 . Mailed notice (axc).
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Filing 56
MINTUE entry before the Honorable Franklin U. Valderrama: In light of the Court's Order dismissing Plaintiff's Amended Complaint without prejudice #55 , Plaintiff's Motion for Appointment of Interim Class Counsel #29 is denied without prejudice as moot. Mailed notice (axc).
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Filing 55
MEMORANDUM Opinion and Order: For the reasons in the accompanying Opinion, Defendant Illinois Institute of Technology's Motion to Dismiss #35 is granted. The Amended Complaint is dismissed without prejudice. Hernandez is granted leave to file a Second Amended Complaint consistent with this Order on or before 5/14/2021. Signed by the Honorable Franklin U. Valderrama on 4/23/2021. Mailed notice (axc).
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Filing 54
MINUTE entry before the Honorable Franklin U. Valderrama: Defendant's opposed motion to cite supplemental authority in support of its motion to dismiss plaintiff's amended complaint #53 is granted. The Court will consider the authority when deciding the motion to dismiss #35 . Mailed notice (axc).
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Filing 53
MOTION by Defendant Illinois Institute Of TechnologyCite Supplemental Authority in Support of Motion to Dismiss Plaintiff's Amended Complaint (Attachments: #1 Exhibit A)(Eveland, William)
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Filing 52
MINUTE entry before the Honorable Franklin U. Valderrama: Telephonic status hearing set for 1/21/2021 is stricken and a status hearing is reset for 5/26/2021 at 9:30 a.m. but to track the case only (no appearance is required; the case will not be called). Mailed notice (axc).
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Filing 51
MINUTE entry before the Honorable Franklin U. Valderrama: Defendant's motion to strike or disregard Plaintiff's second notice of supplemental authority #50 is granted. Plaintiff's second notice of supplemental authority #49 was filed without leave of Court. The Court was willing to overlook that the first time #47 because Defendant raised no objection to Plaintiff's first notice of supplemental authority. However, going forward, any party wishing to cite to supplemental authority must seek leave of court and file a motion that includes a statement of conferral with the opposing side, as required by this Court's individual rules. Also, Plaintiff must carefully consider whether every new decision actually adds to the analysis. Mailed notice (axc).
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Filing 50
MOTION by Defendant Illinois Institute Of Technology to strike or disregard Plaintiff's Second Notice of Supplemental Authority (Eveland, William)
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Filing 49
SUPPLEMENT to response in opposition to motion, #46 Plaintiff's Second Notice of Supplemental Authority (Attachments: #1 Exhibit 1-Gibson v Lynn Univ., #2 Exhibit 2- Saroya v Univ. of the Pacific, #3 Exhibit 3- Spiegel v Trustees of Indiana Univ., #4 Exhibit 4- Verlanga v Univ. of San Francisco, #5 Exhibit 5- Kishinevsky v Trustees of Metro State Univ. of Denver)(Willey, Roy)
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Filing 48
REPLY by Illinois Institute Of Technology to response in opposition to motion, #46 (Attachments: #1 Exhibit A)(Eveland, William)
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Filing 47
SUPPLEMENT to response in opposition to motion, #46 Plaintiff's Notice of Supplemental Authority (Attachments: #1 Exhibit Rosado v. Barry University, Inc.)(Willey, Roy)
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Filing 46
RESPONSE by Omar Hernandezin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Illinois Institute Of Technology #35 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Attachment)(Willey, Roy)
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Filing 45
MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's unopposed motion to extend briefing schedule for defendant's motion to dismiss #44 is granted. The briefing schedule set forth on 10/4/2020 #38 is modified as follows: plaintiff's response due on or before 10/30/2020; defendant's reply due on or before 11/20/2020. Status hearing set for 1/14/2021 is stricken and reset to a telephonic status hearing on 1/21/2021 at 9:30 a.m. The call-in number is (888) 808-6929 and the access code is 5348076. 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 (axc).
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Filing 44
MOTION by Plaintiff Omar Hernandez for extension of time to file response/reply as to order on motion for leave to file excess pages,,,, Order on Motion to Dismiss for Failure to State a Claim,,,, terminate deadlines,,,, terminate hearings,,,, set motion and R&R deadlines/hearings,,, #38 Unopposed (Attachments: #1 Exhibit A)(Willey, Roy)
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Filing 43
MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's unopposed motion to file memorandum of law in opposition to defendant's motion to dismiss in excess of fifteen pages #41 is granted. Plaintiff has leave to file a memorandum up to 23 pages in support of their opposition to defendant's motion to dismiss. Mailed notice (axc).
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Filing 42
NOTICE of Motion by Roy T Willey, IV for presentment of (Willey, Roy)
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Filing 41
MOTION by Plaintiff Omar Hernandez for leave to file excess pages (Willey, Roy)
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Filing 40
MINUTE entry before the Honorable Edmond E. Chang: In light of the reassignment of the case, the status hearing of 01/14/2021 with Judge Chang is vacated. Emailed notice (mw, )
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Filing 39
MEMORANDUM by Illinois Institute Of Technology in support of Motion to Dismiss for Failure to State a Claim #35 (Attachments: #1 Exhibit A, #2 Exhibit B)(Eveland, William)
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Filing 38
MINUTE entry before the Honorable Franklin U. Valderrama: Illinois Institute of Technology's unopposed motion to file memorandum of law in support of its motion to dismiss in excess of fifteen pages #36 is granted. Defendant is directed the file the memorandum as a separate docket entry. The court sets the following briefing schedule on defendant's motion to dismiss plaintiff's amended class action complaint #35 : plaintiff's response due on or before 10/26/2020; defendant's reply due on or before 11/16/2020. Status hearing set for 1/14/2021 at 9:30 a.m. Defendant's motion to dismiss the class action complaint #21 is terminated. Motion presentment hearing set for 10/13/2020 is stricken. Mailed notice (cn).
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Filing 37
NOTICE of Motion by William Tobias Eveland for presentment of motion for leave to file excess pages #36 , Motion to Dismiss for Failure to State a Claim #35 before Honorable Franklin U. Valderrama on 10/13/2020 at 09:00 AM. (Eveland, William)
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Filing 36
MOTION by Defendant Illinois Institute Of Technology for leave to file excess pages (Attachments: #1 Exhibit 1)(Eveland, William)
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Filing 35
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Illinois Institute Of Technology (Eveland, William)
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Filing 34
RESPONSE by Illinois Institute Of Technology to MOTION by Plaintiff Omar HernandezAppointment of Interim Class Counsel #29 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Eveland, William)
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Filing 33
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 Edmond E. Chang no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/28/2020.(docket8, )
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Filing 32
ATTORNEY Appearance for Defendant Illinois Institute Of Technology by Nancy L. DePodesta (DePodesta, Nancy)
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Filing 31
MINUTE entry before the Honorable Edmond E. Chang: On Plaintiff's motion to appoint interim class counsel #29 , the defense emailed the courtroom deputy, with a copy to Plaintiff, to report that there actually might be some objections. Defendant requested, without objection, a 14-day response deadline. The defense response is due by 10/02/2020. Plaintiff's reply is due by 10/16/2020. The parties shall continue to confer on the objections. Emailed notice (mw, )
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Filing 30
ATTORNEY Appearance for Defendant Illinois Institute Of Technology by Andrew Eugene Bollinger (Bollinger, Andrew)
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Filing 29
MOTION by Plaintiff Omar HernandezAppointment of Interim Class Counsel (Attachments: #1 Exhibit Anastopoulo Firm Resume, #2 Exhibit Declaration of Eric M. Poulin, #3 Exhibit Declaration of Roy T. Willey IV, #4 Exhibit Hagens Berman Sobol Shapiro Firm Resume, #5 Exhibit Declaration of Steve W. Berman, #6 Notice of Filing, #7 Text of Proposed Order)(Willey, Roy) (Attachment 7 replaced on 1/4/2022) (ey, ). (Attachment 6 replaced on 1/4/2022) (ey, ). (Main Document 29 replaced on 1/4/2022) (ey, ).
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Filing 28
FIRST AMENDED complaint by Omar Hernandez against Illinois Institute Of Technology (Willey, Roy)
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Filing 27
Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Updated, filed by Plaintiff Omar Hernandez. (Willey, Roy)
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Filing 26
MEMORANDUM by Illinois Institute Of Technology in support of Motion to Dismiss for Failure to State a Claim #21 (Attachments: #1 Exhibit A)(Eveland, William)
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Filing 25
MINUTE entry before the Honorable Edmond E. Chang: On review of the Defendant's motion #14 to defer MID disclosures and the Plaintiff's response, the motion is granted. The 12/01/2018 amendment to the MID Standing Order reinstated the presumption that the filing of a Rule 12 motion stays the filing of an answer. Because the filing of the answer triggers the MID disclosure deadlines, the Defendant actually need not have filed a motion to stay MID disclosures. It is true that plaintiffs may ask for MID deadlines to commence even if a Rule 12 motion is filed, and sometimes it is sensible to do so. Here, there is no reason to overturn the presumption, and the Rule 12 motion is not so clearly baseless that discovery should forge ahead (this is based on a very preliminary review of the complaint, the motion, and the response to the stay motion, so of course this does not forecast the final decision). If the Plaintiff is concerned about retention of records, then the Plaintiff may confer with the defense about a litigation hold. The motion to defer MID disclosures is granted. The Defendant's motion #22 to file the 21-page brief in support of the motion is granted. The Defendant shall file the brief on the docket as a separate entry. The Plaintiff may use 21 pages in response, which is due by 09/14/2020. The Defendant's reply is due by 09/28/2020. The status hearing of 09/04/2020 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, )
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Filing 24
MEMORANDUM by Omar Hernandez in Opposition to Motion to Defer Initial Discovery Response Deadline #14 (Willey, Roy)
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Filing 23
NOTICE of Motion by William Tobias Eveland for presentment of (Eveland, William)
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Filing 22
MOTION by Defendant Illinois Institute Of Technology for leave to file excess pages for Memorandum in Support of Motion to Dismiss (Attachments: #1 Exhibit 1)(Eveland, William)
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Filing 21
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Illinois Institute Of Technology (Eveland, William)
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Filing 20
ATTORNEY Appearance for Plaintiff Omar Hernandez by Whitney Kendall Siehl (Siehl, Whitney)
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Filing 19
ATTORNEY Appearance for Plaintiff Omar Hernandez by Daniel J. Kurowski (Kurowski, Daniel)
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Filing 18
ATTORNEY Appearance for Plaintiff Omar Hernandez by Steve W. Berman (Berman, Steve)
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Filing 17
ATTORNEY Appearance for Plaintiff Omar Hernandez by Eric M Poulin (Poulin, Eric)
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Filing 16
MINUTE entry before the Honorable Edmond E. Chang: On Defendant's opposed motion to defer MID, Plaintiff's response is due by 08/18/2020. No reply is needed at this time. Emailed notice (mw, )
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Filing 15
NOTICE of Motion by William Tobias Eveland for presentment of Motion to Defer Initial Discovery Response Deadline #14 before Honorable Edmond E. Chang on 8/25/2020 at 08:30 AM. (Eveland, William)
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Filing 14
MOTION to Defer Initial Discovery Response Deadline (MIDP) and Answer Deadline, filed by Defendant Illinois Institute Of Technology. (Eveland, William)
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Filing 13
MINUTE entry before the Honorable Edmond E. Chang: In light of the answer deadline of 08/17/2020, the status hearing of 07/23/2020 is reset to 09/04/2020 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 update the joint initial status report and file the updated version by 08/24/2020. Emailed notice (mw, )
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Filing 12
Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) , filed by Plaintiff Omar Hernandez. (Willey, Roy)
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Filing 11
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 10
ATTORNEY Appearance for Defendant Illinois Institute Of Technology by Elizabeth Anne Thompson (Thompson, Elizabeth)
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Filing 9
ATTORNEY Appearance for Defendant Illinois Institute Of Technology by Hal R. Morris (Morris, Hal)
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Filing 8
ATTORNEY Appearance for Defendant Illinois Institute Of Technology by William Tobias Eveland (Eveland, William)
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Filing 7
WAIVER OF SERVICE returned executed by Omar Hernandez. Illinois Institute Of Technology waiver sent on 6/17/2020, answer due 8/17/2020. (Willey, Roy)
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Filing 6
MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 07/23/2020 at 8:30 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements by 07/14/2020. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Mailed notice (Attachments: #1 Status Report Requirements) (mw, )
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Filing 5
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. (aee, )
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (txl, )
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Filing 3
ATTORNEY Appearance for Plaintiff Omar Hernandez by Roy T Willey, IV (Willey, Roy)
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Filing 2
CIVIL Cover Sheet (Willey, Roy)
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Filing 1
COMPLAINT filed by Omar Hernandez; Jury Demand. Filing fee $ 400, receipt number 0752-17032181.(Willey, Roy)
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