Thornton v. Synylogistics Inc
| Leon Thornton |
| Synylogistics Inc |
| 1:2020cv03260 |
| June 2, 2020 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Gary Feinerman |
| Young B Kim |
| Civil Rights: Other |
| 42 U.S.C. § 2000 e |
| Both |
Docket Report
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This docket was last retrieved on July 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 48 MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss #45 is denied in part and entered and continued in part. The motion is denied insofar as it seeks dismissal of Plaintiff's race and age discrimination claims. An employment discrimination complaint need not plead facts meeting the plaintiff's burden under the McDonnell Douglas burden-shifting method, which is a device is employed at summary judgment, not on a motion to dismiss. See Swierkiewicz v. Sorema N.A., 534 U.S. 506, 510-15 (2002). And a plaintiff need not plead around exhaustion or any other affirmative defense. See Davis v. Ind. State Police, 541 F.3d 760, 763 (7th Cir. 2008) (citing cases). Plaintiff shall respond to the portion of the motion directed to his defamation claim by 8/26/2020; Defendant shall reply by 9/9/2020. The motion hearing set for 8/3/2020 #47 is stricken and re-set for 9/16/2020 at 9:30 a.m.Attorneys/Parties should appear for the 9/16/2020 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 47 MINUTE entry before the Honorable Gary Feinerman:Attorneys/Parties should appear for the 8/3/2020 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 46 NOTICE of Motion by Tami J. Diamond for presentment of Motion to Dismiss for Failure to State a Claim #45 before Honorable Gary Feinerman on 8/3/2020 at 09:00 AM. (Diamond, Tami) |
| Filing 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Synylogistics Inc (Diamond, Tami) |
| Filing 44 MINUTE entry before the Honorable Young B. Kim: In light of the court's email to the parties today, the status hearing scheduled for July 27, 2020, is no longer needed. As such, the status hearing is cancelled. Mailed notice (Kim, Young) |
| Filing 43 MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for July 27, 2020, at 10:30 a.m. by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice (ma,) |
| Filing 42 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision.Mailed notice.(jlj, ) |
| Filing 41 MINUTE entry before the Honorable Gary Feinerman:Defendant shall file its responsive pleading by 7/31/2020. Rule 26(a)(1) disclosures shall be served by 9/30/2020. Written discovery requests shall be served by 11/30/2020. Fact discovery shall be completed by 1/4/2021. Rule 26(a)(2) disclosures shall be served by 1/11/2021. Experts shall be deposed by 2/8/2021. Dispositive motions shall be filed by 1/11/2021. The status hearing set for 8/3/2020 #38 is stricken and re-set for 1/21/2021 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. This case is referred to Magistrate Judge Kim for discovery supervision. If the parties would like to consent to the jurisdiction of the Magistrate Judge, they should jointly file a consent form. Mailed notice. (jlj, ) |
| Filing 40 STATUS Report by Leon Thornton (Letvin, David) |
| Filing 39 AMENDED complaint by Leon Thornton against Synylogistics Inc with certificate of service (Letvin, David) |
| Filing 38 MINUTE entry before the Honorable Gary Feinerman:Plaintiff has complied with Local Rule 83.15. The status hearing set for 7/17/2020 #30 is stricken. Initial status hearing set for 8/3/2020 at 9:00 a.m. The parties shall file an initial joint status report by 7/27/2020. Attorneys/Parties should appear by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
Filing 37
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. (Clerk10, Docket)
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| Filing 36 ATTORNEY Appearance for Plaintiff Leon Thornton by David J. Letvin as local counsel (Letvin, David) |
| Filing 35 MINUTE entry before the Honorable Gary Feinerman:On the court's own motion, the deadline for Plaintiff to comply with the 6/23/2020 order #30 is extended to 7/13/2020. As noted in the 7/2/2020 order #33 , Attorney Boyd remains obligated to fulfill his duties to Plaintiff, and those duties include complying with Local Rule 83.15.Mailed notice. (jlj, ) |
| Filing 34 MINUTE entry before the Honorable Gary Feinerman:Order entered 7/2/2020 is corrected with DATE CHANGE of 7/17/2020 instead of 7/15/2020. For the hearing set for 7/17/2020, Attorneys/Parties should appear by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 33 MINUTE entry before the Honorable Gary Feinerman:For the hearing set for 7/15/2020, Attorneys/Parties should appear by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 32 MINUTE entry before the Honorable Gary Feinerman:Motion to withdraw as attorney #31 is denied. Attorney Boyd may withdraw from the representation only if he first arranges for substitute Illinois counsel to appear for Plaintiff. Attorney Boyd may not just abandon his client because he does not live in the State where the case is pending, particularly when that State is identified in the parties' forum selection clause. See 6/1/2020 order #18 . Until he is allowed to withdraw, Attorney Boyd is expected to fulfill his duties to Plaintiff and to the court.Mailed notice. (jlj, ) |
| Filing 31 MOTION by Attorney Dan S Boyd to withdraw as attorney for Leon Thornton. (Envelope not postmarked) (bg, ) |
| Filing 30 MINUTE entry before the Honorable Gary Feinerman:The 6/3/2020 order #26 directed the parties to file an initial status report by 6/18/2020. No status report was filed. The telephonic status hearing set for 6/25/2020 #26 is stricken and re-set for 7/17/2020 at 9:15 a.m. By 7/10/2020, the parties shall file an initial status report using the form on Judge Feinerman's webpage on the Northern District's website. The 6/3/2020 order #26 reminded the parties of their obligation to comply with Local Rule 83.15. Plaintiff has not yet complied. If Plaintiff does not comply with Local Rule 83.15 by 7/3/2020, Plaintiff's pleadings will be stricken and this case will be dismissed. The call-in number is 877-336-1828 and the access code is 4082461. Counsel of record will receive an email prior to the start 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. (jlj, ) |
| Filing 29 MINUTE entry before the Honorable Gary Feinerman:Telephonic hearing scheduled for 6/25/2020 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 877-336-1828 and the access code is 4082461. Counsel of record will receive an email prior to the start 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. (jlj, ) |
| Filing 28 ATTORNEY Appearance for Defendant Synylogistics Inc by Tomasz Koziol (Koziol, Tomasz) |
| Filing 27 ATTORNEY Appearance for Defendant Synylogistics Inc by Tami J. Diamond (Diamond, Tami) |
| Filing 26 MINUTE entry before the Honorable Gary Feinerman:The parties are reminded of the requirements of Local Rule 83.15 and are cautioned that compliance therewith is required. Initial status hearing set for 6/25/2020 at 9:15 a.m. The parties shall file a initial status report by 6/18/2020.Mailed notice. (jlj, ) |
| Filing 25 NOTICE of Correction re MIDP 21 , 22 , #24 (bg, ) |
| Filing 24 ENTERED IN ERROR (bg, ) Modified on 6/3/2020 (bg, ). |
| Filing 22 ENTERED IN ERROR (bg, ) Modified on 6/3/2020 (bg, ). |
| Filing 21 ENTERED IN ERROR (bg, ) Modified on 6/3/2020 (bg, ). |
| Filing 20 MAILED Rule 83.15 Letter to all counsel of record. (bg, ) |
| Filing 19 RECEIVED from Texas Northern; Case Number 3:19-cv-02047 (bg) |
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Filing 18
Memorandum Opinion and Order: This Memorandum Opinion and Order addresses Defendant Syny Logistics, Inc.'s ("Syny Logistics") motion to vacate default judgment and transfer #13 and Syny Logistics's motion to strike #16 . For the reasons below, the Court grants the motion to vacate and transfer and moots the motion to strike. Because the Court lacks personal jurisdiction over Syny Logistics, the Court vacates the default judgment #11 against it. Further, the Court determines that the parties are subject to a valid and enforceable forum-selection clause and grants the motion to transfer this case to the Northern District of Illinois, Eastern Division, pursuant to that agreement. The Court moots Syny Logistics' motion to strike #16 . (Ordered by Judge David C Godbey on 6/1/2020) (ndt) [Transferred from Texas Northern on 6/2/2020.]
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Filing 23
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 May 26, 2020. (bg, )
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| Filing 17 REPLY filed by Synylogistics Inc re: #13 MOTION to Vacate #8 Clerk's Entry of Default, #11 Default Judgment and Motion to Dismiss for Lack of Personal Jurisdiction, Motion to Vacate Default Judgment for Good Cause, Motion to Dismiss for Improper Venue, and in the Alternative, Motio (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) A-1) (Smith, Austin) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 16 MOTION to Strike #15 Response/Objection, Declaration of Leon Thornton ISO Plaintiff's Response to Defendant's Motion to Dismiss filed by Synylogistics Inc (Smith, Austin) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 15 RESPONSE filed by Leon Thornton re: #13 MOTION to Vacate #8 Clerk's Entry of Default, #11 Default Judgment and Motion to Dismiss for Lack of Personal Jurisdiction, Motion to Vacate Default Judgment for Good Cause, Motion to Dismiss for Improper Venue, and in the Alternative, Motio (Attachments: #1 Exhibit(s), #2 Declaration(s)) (Boyd, Dan) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 14 NOTICE of Attorney Appearance by Austin Paul Smith on behalf of Synylogistics Inc. (Filer confirms contact info in ECF is current.) (Smith, Austin) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 13 MOTION to Vacate #8 Clerk's Entry of Default, #11 Default Judgment and Motion to Dismiss for Lack of Personal Jurisdiction, Motion to Vacate Default Judgment for Good Cause, Motion to Dismiss for Improper Venue, and in the Alternative, Motion to Transfer Venue filed by Synylogistics Inc with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) A-1, #3 Exhibit(s) A-2, #4 Exhibit(s) A-3, #5 Exhibit(s) A-4, #6 Exhibit(s) A-5) (Roper, Richard) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 12 NOTICE of Attorney Appearance by Richard B Roper, III on behalf of Synylogistics Inc. (Filer confirms contact info in ECF is current.) (Roper, Richard) [Transferred from Texas Northern on 6/2/2020.] |
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Filing 11
DEFAULT JUDGMENT granting #6 Motion for Judgment. (Ordered by Judge David C Godbey on 1/17/2020) (chmb) [Transferred from Texas Northern on 6/2/2020.]
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| Filing 10 AFFIDAVIT re #7 Request for Clerk to Issue Document by Leon Thornton. (Boyd, Dan) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 9 AFFIDAVIT re #7 Request for Clerk to Issue Document by Leon Thornton. (Boyd, Dan) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 8 Clerk's ENTRY OF DEFAULT as to Synylogistics Inc. (ndt) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 7 Request for Clerk to issue Default Judgment filed by Leon Thornton. (Attachments: #1 Proposed Default Judgment, #2 Affidavit(s), #3 Additional Page(s)) (Boyd, Dan) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 6 MOTION for Judgment filed by Leon Thornton (Attachments: #1 Proposed Order) (Boyd, Dan) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 5 AFFIDAVIT of Service for Summons served on Synylogistics, Inc. on September 16, 2019. (Attachments: #1 Officer's Return) (Boyd, Dan) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Leon Thornton. (Boyd, Dan) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 3 Summons Issued as to Synylogistics Inc. (zkc) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (zkc) [Transferred from Texas Northern on 6/2/2020.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against Synylogistics, Inc. filed by Leon Thornton. (Filing fee $400; Receipt number 0539-10222627) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet) (Boyd, Dan) [Transferred from Texas Northern on 6/2/2020.] |
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| Plaintiff: Leon Thornton | |
| Represented By: | Dan S Boyd |
| Represented By: | David J. Letvin |
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| Defendant: Synylogistics Inc | |
| Represented By: | Austin Paul Smith |
| Represented By: | Richard B Roper, III |
| Represented By: | Tami J. Diamond |
| Represented By: | Tomasz Koziol |
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