Pritchett v. Alternative Bearings Corporation et al
| Gabrielle Pritchett |
| Alternative Bearings Corporation and Thomas G. Malloy |
| 1:2020cv03262 |
| June 2, 2020 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Edmond E Chang |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 46 STATUS Report Joint Status Report by Gabrielle Pritchett (Cao, Xiaoyin) |
| Filing 45 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report and the docket in the Pennsylvania case (No. 1:19-cv-1493), the Court concludes that it is sensible to stay this case until a decision on the reconsideration motion (the 1292(b) request seems less plausible). So the motion to dismiss #43 is terminated without prejudice to refiling if the case remains here. The parties shall file, by 07/27/2020, a status report stating whether a reply brief is contemplated on the motion for reconsideration (and if so, when it was filed or the deadline for it), as well as setting forth any more information about the status of that motion. The status hearing of 07/23/2020 is reset to 08/14/2020 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 44 STATUS Report JOINT INITIAL STATUS REPORT by Gabrielle Pritchett (Cao, Xiaoyin) |
| Filing 43 MOTION by Defendant Alternative Bearings Corporation to dismiss Counts II and III of Amended Complaint (Attachments: #1 Exhibit Letter)(Hoeksema, Kristin) |
| Filing 42 ANSWER to Complaint , COUNTERCLAIM filed by Alternative Bearings Corporation, Thomas G. Malloy against Gabrielle Pritchett . by Alternative Bearings Corporation, Thomas G. Malloy (Attachments: #1 Declaration Dec. re. Answers, #2 Declaration Dec. re. Counter Claim, #3 Exhibit 1st Ex. to Counter Claim, #4 Exhibit 2nd Ex. to Counter Claim, #5 Exhibit 3rd Ex. to Counter Claim)(Hoeksema, Kristin) |
Filing 41
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 40 ATTORNEY Appearance for Plaintiff Gabrielle Pritchett by Carmen David Caruso for Xiaoyin Cao (Caruso, Carmen) |
| Filing 39 ATTORNEY Appearance for Plaintiff Gabrielle Pritchett by Carmen David Caruso for William Whitner (Caruso, Carmen) |
| Filing 38 ATTORNEY Appearance for Plaintiff Gabrielle Pritchett by Carmen David Caruso for Carmen Caruso (Caruso, Carmen) |
| Filing 37 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 07/23/2020 at 9:00 a.m. If held, the initial 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. 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. Emailed notice (mw, ) (Attachment(s) #1 Status Report Requirements) |
| Filing 36 ATTORNEY Appearance for Defendants Alternative Bearings Corporation, Thomas G. Malloy by Kristin Elise Hoeksema (Hoeksema, Kristin) |
| Filing 34 MAILED Rule 83.15 Letter to all counsel of record. (bg, ) |
| Filing 33 RECEIVED from Pennsylvania Middle; Case Number 1:19-cv-01493 (bg) |
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Filing 32
ORDER - In accord with the accompanying Memorandum #31 : (1)Dfts Alternative Bearings Corporations and Thomas G. Malloys (Defendants) mtns to dismiss the amended complaint #15 and #17 pursuant to FRCP 12(b)(2) are DENIED; (2)Dfts mtns to dismiss the amended complaint pursuant to FRCP 12(b)(6) are DENIED without prejudice to refile in the transferee court; (3)Dfts mtns to transfer pursuant to 28 U.S.C. 1404(a) are Granted; (4)The Clerk of Court is DIRECTED to transfer this action to the USDC for the ND of Illinois. Signed by Honorable Sylvia H. Rambo on 6/2/20. (ma) [Transferred from Pennsylvania Middle on 6/2/2020.]
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| Filing 31 MEMORANDUM re. mts to dismiss #15 and #17 (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 6/2/20. (ma) [Transferred from Pennsylvania Middle on 6/2/2020.] |
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Filing 35
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 30
ORDER denying pltf's mtn for oral argument #28 .Signed by Honorable Sylvia H. Rambo on 1/7/20. (ma) [Transferred from Pennsylvania Middle on 6/2/2020.]
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| Filing 29 Proposed Order by Gabrielle Pritchett re. MOTION to Dismiss for Lack of Jurisdiction #15 , MOTION to Dismiss for Lack of Jurisdiction #17 . (Coyle, Casey) Modified on 1/6/2020 (ma). [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 28 MOTION for Hearing re #15 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION to Dismiss for Lack of Jurisdiction by Gabrielle Pritchett.(Coyle, Casey) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| DOCKET ANNOTATION: Document 29 deleted per counsels request. Document to be refiled. (mfa) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| DOCKET ANNOTATION: Counsel is advised to file a proposed order for document #28 using the event Other Documents, document filed. (rw) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 27 REQUEST for Oral Argument by Gabrielle Pritchett. (Attachments: #1 Proposed Order)(Coyle, Casey) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| DOCKET ANNOTATION: Counsel is advised to refile document #27 as a Motion for Hearing using the events Motions and Related Filings, Hearing. (rw) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 26 REPLY BRIEF re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Thomas G. Malloy. (Attachments: #1 Exhibit(s) 1, #2 Certificate of Service)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 25 REPLY BRIEF re #15 MOTION to Dismiss for Lack of Jurisdiction filed by Alternative Bearings Corporation. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Certificate of Service)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
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Filing 24
ORDER granting the mtn to exceed pag limit #23 . Dft Alternative Bearings Corp may file a reply brf to its mtn to dismiss #15 not to exceed 6500 words. Signed by Honorable Sylvia H. Rambo on 11/22/19. (ma) [Transferred from Pennsylvania Middle on 6/2/2020.]
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| Filing 23 MOTION to Exceed Page Limitation and Word Limit by Alternative Bearings Corporation. (Attachments: #1 Certificate of Concurrence, #2 Certificate of Service, #3 Proposed Order)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 22 BRIEF IN OPPOSITION re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Gabrielle Pritchett. (Attachments: #1 Exhibit(s) I, #2 Exhibit(s) J)(Coyle, Casey) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 21 BRIEF IN OPPOSITION re #15 MOTION to Dismiss for Lack of Jurisdiction filed by Gabrielle Pritchett. (Attachments: #1 Exhibit(s) I, #2 Exhibit(s) J)(Coyle, Casey) [Transferred from Pennsylvania Middle on 6/2/2020.] |
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Filing 20
ORDER granting the mtn for exttm #19 . Pltf shall file a responsive brf to each of dfts' mtns to dismiss #15 and #17 by 11/11/2019 not to exceed 6500 words.Signed by Honorable Sylvia H. Rambo on 11/6/19. (ma) [Transferred from Pennsylvania Middle on 6/2/2020.]
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| Filing 19 MOTION for Extension of Time to CONCURRED-IN MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTIONS TO DISMISS AND TO EXCEED PAGE AND WORD LIMITATIONS by Gabrielle Pritchett.(Coyle, Casey) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 18 BRIEF IN SUPPORT re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Thomas G. Malloy. (Attachments: #1 Certificate of Service, #2 Exhibit(s) 1)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction by Thomas G. Malloy. (Attachments: #1 Certificate of Nonconcurrence, #2 Certificate of Service, #3 Proposed Order 1, #4 Proposed Order 2)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 16 BRIEF IN SUPPORT re #15 MOTION to Dismiss for Lack of Jurisdiction filed by Alternative Bearings Corporation. (Attachments: #1 Word Count Certification, #2 Certificate of Service, #3 Exhibit(s) 1, #4 Exhibit(s) 2, #5 Exhibit(s) 3)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 15 MOTION to Dismiss for Lack of Jurisdiction by Alternative Bearings Corporation. (Attachments: #1 Certificate of Nonconcurrence, #2 Certificate of Service, #3 Proposed Order 1, #4 Proposed Order 2)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
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Filing 14
ORDER: 1) By 10/24/19, Dfts shall withdraw, amend, or stand on the currently filed mtns to dismiss #7 and #8 . 2) If Dfts file amended mtns, or elect to stand on the currently filed mtns, Pltf shall file a responsive brief within 14 days thereafter. Signed by Honorable Sylvia H. Rambo on 10/16/19. (ma) [Transferred from Pennsylvania Middle on 6/2/2020.]
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| Filing 13 AMENDED COMPLAINT VERIFIED AMENDED COMPLAINT against All Defendants, filed by Gabrielle Pritchett. (Attachments: #1 Declaration Declaration of Gabrielle Pritchett, #2 Exhibit(s) Exhibit A, #3 Exhibit(s) Exhibit B, #4 Exhibit(s) Exhibit C, #5 Exhibit(s) Exhibit D, #6 Exhibit(s) Exhibit E, #7 Exhibit(s) Exhibit F, #8 Exhibit(s) Exhibit G, #9 Exhibit(s) Exhibit H)(Coyle, Casey) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 12 CERTIFICATE OF SERVICE by Thomas G. Malloy re #10 Brief in Support (Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 11 CERTIFICATE OF SERVICE by Alternative Bearings Corporation re #9 Brief in Support (Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 10 BRIEF IN SUPPORT re #8 MOTION to Dismiss for Lack of Jurisdiction , Failure to State a Claim & to Transfer filed by Thomas G. Malloy.(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 9 BRIEF IN SUPPORT re #7 MOTION to Dismiss for Lack of Jurisdiction , Failure to State a Claim & to Transfer filed by Alternative Bearings Corporation.(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| DOCKET ANNOTATION: Counsel is advised to file the brief in support of Doc. 8 as a separate entry using the event: Civil Events Motions and Related Filings Responses and Replies (Briefs)-Brief in Support (Do not use for Summary Judgment Motions). (pjr) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| DOCKET ANNOTATION: Counsel is advised to file the brief in support of Doc. 7 as a separate entry using the event: Civil Events Motions and Related Filings Responses and Replies (Briefs)-Brief in Support (Do not use for Summary Judgment Motions). (pjr) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| DOCKET ANNOTATION: Counsel is advised to file certificates of service for Docs. 9 & 10. (pjr) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction , Failure to State a Claim & to Transfer by Thomas G. Malloy. (Attachments: #1 Certificate of Service, #2 Certificate of Nonconcurrence, #3 Proposed Order, #4 Brief, #5 Exhibit(s) 1)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction , Failure to State a Claim & to Transfer by Alternative Bearings Corporation. (Attachments: #1 Brief, #2 Certificate of Nonconcurrence, #3 Certificate of Service, #4 Word Count Certificate, #5 Proposed Order, #6 Exhibit(s) 1, #7 Exhibit(s) 2)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 6 NOTICE of Appearance by John J. Jacko, III on behalf of All Defendants (Attachments: #1 Certificate of Service)(Jacko, John) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 5 SPECIAL ADMISSIONS FORM APPROVED as to Kristin Hoeksema, Esq. on behalf of Alternative Bearings Corporation and Thomas G. MalloySigned by Honorable Sylvia H. Rambo on 9/19/19. (ma) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 4 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kristin E Hoeksema on behalf of All Defendants Attorney Kristin Hoeksema is seeking special admission. Filing fee $ 50, receipt number 0314-4875336.. (Hoeksema, Kristin) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 3 LETTER/NOTICE Re: Case Assignment and Procedures Signed by Honorable Sylvia H. Rambo on 9/4/19. (ma) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 2 Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (mfa) [Transferred from Pennsylvania Middle on 6/2/2020.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-4856133), filed by Gabrielle Pritchett. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s))(mfa) [Transferred from Pennsylvania Middle on 6/2/2020.] |
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