Rubin v. Schindler Elevator Corporation et al
| Alvin Rubin and Schindler Elevator Corporation |
| Loews Hotels Holding Corporation doing business as Loews Chicago Hotel, Loews Chicago Operating Company, LLC doing business as Loews Chicago Hotel and EKLUND'S INC. |
| 1:2020cv04036 |
| July 9, 2020 |
| US District Court for the Northern District of Illinois |
| Jorge L Alonso |
| Jeffrey T Gilbert |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| SUMMONS Issued as to Defendant EKLUND'S INC. (crl, ) |
| Filing 56 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing held. For the reasons stated on the record, Defendant Loews Hotels Holding Corporation's motion for leave to file #45 is granted. Defendant Loews Hotels Holding Corporaation's is granted leave to file its Third Party Complaint against Third Party Defendant, Eklund, Inc. The third party complaint must be filed as a separate docket entry. Plaintiff's motion for leave to file second amended complaint at law #47 is granted. The amended complaint must be filed as a separate docket entry. Notice mailed by Judge's staff (lf, ) |
| Filing 55 PLAINTIFF'S SECOND AMENDED complaint by Alvin Rubin against Loews Hotels Holding Corporation, Schindler Elevator Corporation, EKLUND'S INC. (Cohen, Lauren) |
| Filing 54 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic motion hearing set for 3/18/21 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes 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. Notice mailed by Judge's staff (lf, ) |
| Filing 53 MINUTE entry before the Honorable Jeffrey T. Gilbert: The parties' Agreed Motion to Modify Discovery Deadlines #51 is granted. The discovery schedule set in the Court's order of 10/30/20 #33 is stricken. The fact discovery deadline is extended to 6/9/21. The parties shall file an updated status report by 4/30/21. The motion hearing noticed for 3/18/21 is stricken. Mailed notice (ber, ) |
| Filing 52 Agreed Motion to Modify Discovery Deadlines NOTICE of Motion by Alan Max Bernover for presentment of motion for miscellaneous relief #51 before Honorable Jorge L. Alonso on 3/18/2021 at 09:30 AM. (Bernover, Alan) |
| Filing 51 MOTION by Defendant Schindler Elevator Corporation (AGREED) to Modify Discovery Deadlines (Bernover, Alan) |
| Filing 50 NOTICE of Motion by David Jonathon Olmstead for presentment of motion to amend/correct #47 , motion for leave to file #45 before Honorable Jorge L. Alonso on 3/18/2021 at 09:30 AM. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Olmstead, David) |
| Filing 49 NOTIC EOF MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT NOTICE of Motion by Lauren Deena Cohen for presentment of motion to amend/correct #47 before Honorable Jorge L. Alonso on 3/18/2021 at 09:30 AM. (Cohen, Lauren) |
| Filing 48 MINUTE entry before the Honorable Jeffrey T. Gilbert: The motion hearing noticed for 3/18/21 at 9:00 a.m. before Magistrate Judge Gilbert #46 is stricken. The parties are directed to comply with Judge Alonso's published procedures for presenting motions to him. Mailed notice (ber, ) |
| Filing 47 MOTION by Plaintiff Alvin Rubin to amend/correct MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (Attachments: #1 Notice of Filing, #2 Text of Proposed Order)(Cohen, Lauren) |
| Filing 46 NOTICE of Motion by David Jonathon Olmstead for presentment of motion for leave to file #45 before Honorable Jeffrey T. Gilbert on 3/18/2021 at 09:00 AM. (Attachments: #1 Supplement Motion, #2 Text of Proposed Order)(Olmstead, David) |
| Filing 45 MOTION by Defendant Loews Hotels Holding Corporation for leave to file (Attachments: #1 Text of Proposed Order, #2 Notice of Filing NOM)(Olmstead, David) |
| Filing 44 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report #41 . If Defendant Schindler wants to add a third-party defendant it is advised to file a motion before the assigned District Judge. The parties shall file an updated status report on 3/26/21, the current close date for non-medical fact discovery. That status report should contain confirmed deposition dates for Plaintiff's medical treaters before the 4/9/21 close date for all fact discovery. The status hearing set for 3/4/21 is stricken with no appearance required. Mailed notice (ber, ) |
| Filing 43 ATTORNEY Appearance for Plaintiff Alvin Rubin by Matthew R. Basinger (Attachments: #1 Notice of Filing)(Basinger, Matthew) |
| Filing 42 Proof of Service of Discovery Documents by Schindler Elevator Corporation to Loews (Bernover, Alan) |
| Filing 41 STATUS Report JOINT STATUS REPORT by Alvin Rubin (Attachments: #1 Notice of Filing)(Cohen, Lauren) |
| Filing 40 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report #39 . The status hearing set for tomorrow 1/21/21 is stricken and reset to 3/4/21 at 9:30 a.m. The parties shall take the depositions set forth in their Joint Status Report on the dates contained in that Report absent unanimous agreement by all parties and the witness to reschedule a deposition to a date certain before the close of non-medical fact depositions in this case on 3/26/21 #33 or a court order. The parties shall file by 3/1/21 an updated status report that identifies the depositions taken through that date and contains a list of confirmed deposition dates for fact witnesses that any party intends to take before the close of all fact discovery on 4/9/21, including depositions of Plaintiff's medical treaters, per the schedule previously entered by the Court #33 . (The Court recognizes that the parties' last Joint Status Report #39 already contains confirmed deposition dates for Defendant Schindler's employees in mid-March.) The call-in number for the telephonic status hearing on 3/4/21 is 877-336-1829, access code 1022195, press #. When you are connected to the conference system, please keep your phone on mute until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. Members of the public and media will be able to call in to listen to this hearing. 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. Mailed notice (ber, ) |
| Filing 39 STATUS Report JOINT STATUS REPORT by Alvin Rubin (Attachments: #1 Notice of Filing NOTICE OF FILING)(Cohen, Lauren) |
| Filing 38 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report #37 and understands that Plaintiff's deposition has been delayed pending receipt of medical records. It appears that all other depositions of fact witnesses also are being deferred to dates beyond those anticipated by the Court's prior scheduling order #33 . The Court expects the parties to file an updated status report on 1/15/21 with confirmed dates for depositions per the Court's order of 10/30/20 #33 . Telephone status hearing set for 1/21/21 at 10:30 a.m. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. When you are connected to the conference system, please keep your phone on mute until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. 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. Mailed notice (ber, ) |
| Filing 37 STATUS Report by Schindler Elevator Corporation (Hoppe, Brian) |
| Filing 36 CERTIFICATE of Service by David Jonathon Olmstead on behalf of Loews Hotels Holding Corporation (Olmstead, David) |
| Filing 35 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report #34 . The dates set in the Court's order of 10/30/20 #33 will stand. If Defendant Schindler is going to issue written discovery to Plaintiff, it shall do so by 12/10/20 or file a motion requesting appropriate relief if it continues to want to "reserve its right to issue [such] discovery if needed." #34 . The Court notes that no party has an indefinite "right" to serve written discovery under the Federal Rules of Civil Procedure in light of the case management schedule set on 10/30/20 #33 . See Fed.R.Civ.P. 16(b)(4). Mailed notice (ber, ) |
| Filing 34 STATUS Report JOINT STATUS REPORT by Alvin Rubin (Attachments: #1 Notice of Filing Notice of Filing)(Cohen, Lauren) |
| Filing 33 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report #32 and appreciates the detailed discovery plan set forth in that Report. The Court will set discovery dates in this order consistent with the parties' Report. The Court, however, has a few questions about matters not contained in the parties' Report #32 , and the parties shall file a brief updated status report responding to these questions on or before 11/6/20: (1) Have Defendants served written discovery on Plaintiff and, if so, when are Plaintiff's responses to that discovery due, or have they already been served? If Defendants have not yet served written discovery on Plaintiff, do they intend to do so, and by what date will that occur? (2) Have Defendants issued and served subpoenas on Plaintiff's treating medical professionals and, if not, when will those subpoenas be served? The parties shall file a comprehensive updated discovery status report by 12/15/20 which, hopefully, will be after Plaintiff has been deposed on the current target date of 12/10/20. That report shall include the status of written discovery and also confirmed or proposed dates for depositions of Defendants' employees (or, as applicable, just Defendant Loews' employees per the parties Report #32 ) through 1/30/21. The parties shall file another updated status report by 1/15/21 with confirmed or proposed dates for depositions of Defendants (including Defendant Schindler) through 2/26/21. In accordance with the parties' Report and discovery plan #32 , the Court also sets the following dates: All fact discovery including depositions of Plaintiff's treating medical professionals shall close on 4/9/21 #23 . Depositions of Defendant Loew's employees shall be taken by 1/30/21. Depositions of Defendant Schindler's employees and third party witness Otto shall be taken by 2/26/21. Depositions of any other fact witnesses shall be taken by 3/26/21. Depositions of Plaintiff's treating medical professionals shall be completed by 4/9/21. The parties shall submit a proposed schedule for Rule 26(a)(2) disclosures and any expert depositions by 4/16/21. If at any point during the discovery phase of this case, the parties believe settlement is a realistic possibility and they would like the Court's assistance in that regard, they should file an appropriate motion. Mailed notice (ber, ) |
| Filing 32 STATUS Report by Schindler Elevator Corporation (Hoppe, Brian) |
| Filing 31 REPLY by Plaintiff Alvin Rubin PLAINTIFF'S ANSWER TO LOEWS HOLDING CORPORATION'S AFFIRMATIVE DEFENSES (Attachments: #1 Notice of Filing)(Cohen, Lauren) |
| Filing 30 MINUTE entry before the Honorable Jeffrey T. Gilbert:This case has been referred to Magistrate Judge Gilbert for the purposes of discovery supervision and settlement. On or before 10/26/20, the parties shall file a joint status report that includes the following information: (1) Whether discovery has been initiated by any party and, if so, the status of that discovery; (2) A proposed discovery plan that includes at least the following information: (a) date(s) for service of written discovery on the amended complaint (if not already served); (b) the names of party and non-party witnesses that the parties presently anticipate will need to be deposed in this case and confirmed or proposed dates for those depositions prior to the close of fact discovery; and (c) date(s) by which expert disclosures will be made and by which any expert depositions will be concluded; (3) Whether any settlement discussions have occurred and, if so, the status of those discussions generally; (4) If no settlement discussions have occurred, what must happen before such discussions occur and can be productive; and (5) Anything else about the status of the case or anticipated discovery in this case that the parties believe the Court should know. If the parties differ in their responses to these questions, then the status report should so state. Mailed notice (ber, ) |
| Filing 29 CERTIFICATE PROOF OF SERVICE FOR PLAINTIFF'S ANSWERS TO LOEWS' INTERROGATORIES AND RESPONSE TO REQUEST TO PRODUCE (Cohen, Lauren) |
| Filing 28 ANSWER to amended complaint by Loews Hotels Holding Corporation(Olmstead, David) |
| Filing 27 Rule 26(a) initial disclosures of Defendant Schindler Elevator Corporation by Schindler Elevator Corporation (Attachments: #1 Exhibit A, #2 Exhibit B)(Hoppe, Brian) |
| Filing 26 Notice of Service of Rule 26(a) initial disclosures of Defendant Schindler Elevator Corporation by Schindler Elevator Corporation (Hoppe, Brian) |
| Filing 25 REPLY by Plaintiff Alvin Rubin PLAINTIFF'S ANSWER TO DEFENDANT SCHINDLER ELEVATOR CORP.'S AFFIRMATIVE DEFENSE (Attachments: #1 Notice of Filing)(Cohen, Lauren) |
| Filing 24 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision; settlement conference.(lf, )Notice mailed by judge's staff. |
| Filing 23 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing held. All fact discovery shall be noticed in time to be completed by 4/9/21. Defendant Schindler Elevator Corp.'s initial disclosures shall be served by 10/9/20. This case is referred to the magistrate judge for discovery supervision, with authority to set and extend deadlines and participate in settlement proceedings. Notice mailed by judge's staff (lf, ) |
| Filing 22 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing set for 10/6/20 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes 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. Notice mailed by judge's staff (lf, ) |
| Filing 21 NOTICE by Schindler Elevator Corporation of filing Defendant's Answer and Affirmative Defenses (Hoppe, Brian) |
| Filing 20 ANSWER to amended complaint by Schindler Elevator Corporation(Hoppe, Brian) |
| Filing 19 ATTORNEY Appearance for Defendant Loews Hotels Holding Corporation by David Jonathon Olmstead Amended App (Olmstead, David) |
| Filing 18 CERTIFICATE Certificate of Service for Plaintiff's Amended Rule 26(a) Disclosures (Attachments: #1 Plaintiff's Amended Rule 26(a) Disclosures, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Cohen, Lauren) |
| Filing 17 CERTIFICATE Certificate of Service (Attachments: #1 Plaintiff's Rule 26(a) Disclosures, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Interrogatories to Loews Chicago, #9 Request to Produce to Loews Chicago, #10 Interrogatories to Schindler Elevator Corp, #11 Request to Produce to Schindler Elevator Corp)(Cohen, Lauren) |
| Filing 16 NOTICE by Schindler Elevator Corporation Rule 26a Disclosure (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Olmstead, David) |
| Filing 15 CERTIFICATE of Service by David Jonathon Olmstead on behalf of Loews Hotels Holding Corporation (Olmstead, David) |
| Filing 14 AMENDED complaint by Alvin Rubin against All Defendants (Attachments: #1 Notice of Filing)(Cohen, Lauren) |
| Filing 13 MINUTE entry before the Honorable Jorge L. Alonso: The parties' status report requests relief. In the future, parties seeking relief from the Court must file a motion. The Court grants plaintiff until 9/7/2020 to file an amended complaint. Defendants are granted until 10/5/2020 to answer or otherwise plead. This case is set for initial status hearing on 10/6/2020. Notice mailed by judge's staff (lf, ) |
| Filing 12 ATTORNEY Appearance for Defendant Schindler Elevator Corporation by Brian Hoppe (Hoppe, Brian) |
| Filing 11 STATUS Report Joint Status report by Schindler Elevator Corporation (Hoppe, Brian) |
| Filing 10 RESPONSE by Plaintiff Alvin Rubin ANSWER TO AFFIRMATIVE DEFENSE (Attachments: #1 NOTICE OF FILING)(Cohen, Lauren) |
| Filing 9 ANSWER to Complaint with Jury Demand by Loews Hotels Holding Corporation(Olmstead, David) |
| Filing 8 ATTORNEY Appearance for Defendant Loews Hotels Holding Corporation by David Jonathon Olmstead (Olmstead, David) |
| Filing 7 RESPONSE by Plaintiff Alvin Rubin ANSWER TO AFFIRMATIVE DEFENSE (Cohen, Lauren) |
| Filing 6 ATTORNEY Appearance for Plaintiff Alvin Rubin by Lauren Deena Cohen (Cohen, Lauren) |
| Filing 5 MAILED Notice of Removal letter to counsel of record (sxb, ) |
| Filing 4 EXHIBIT by Defendant Schindler Elevator Corporation Exhibit B to Notice of Removal regarding notice of removal #2 (Bernover, Alan) |
| Filing 3 EXHIBIT by Defendant Schindler Elevator Corporation Exhibit A to Notice of Removal regarding notice of removal #2 (Bernover, Alan) |
| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (exr, ) |
| Filing 2 NOTICE of Removal from Cook County, case number (2020 L 005840) filed by Schindler Elevator Corporation (Bernover, Alan) |
| Filing 1 CIVIL Cover Sheet (Bernover, Alan) |
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