Kyles v. Hoosier Papa LLC et al
| Preston Kyles |
| Papa John's International, Inc. and Hoosier Papa LLC |
| 1:2020cv07146 |
| December 3, 2020 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Civil Rights: Other |
| 28 U.S.C. § 1332 Diversity-Tort/Non-Motor Vehicle |
| Both |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 60
MEMORANDUM Opinion and Order Signed by the Honorable John Robert Blakey on 3/30/2023. Mailed notice(gel, )
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Filing 59
MINUTE entry before the Honorable John Robert Blakey: For the reasons explained in the accompanying Memorandum Opinion and Order, the Court denies Defendant Papa John's motion to dismiss #40 . Defendant Papa Johns shall file an answer to the Amended Complaint on or before 4/28/23 and the parties shall file a joint status report by 5/12/23 proposing reasonable case management dates, including fact discovery and (if needed) expert discovery deadlines. Although, to date, the parties have not indicated an interest in settlement, they should call chambers if they jointly believe that a settlement conference with the assigned Magistrate Judge could be helpful, and the Court will enter an appropriate referral order. Mailed notice (gel, )
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Filing 58
NOTICE by Erin Bolan Hines of Change of Address (Hines, Erin)
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Filing 57
NOTICE by Melissa Anne Siebert of Change of Address (Siebert, Melissa)
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Filing 56
Notice of Supplemental Authority re: Tims Decision by Preston Kyles (Attachments: #1 Ex A - Tims Decision)(Kayes, Tom)
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Filing 55
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 54
REPLY by Papa John's International, Inc. to Response #53 (Hines, Erin)
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Filing 53
RESPONSE by Plaintiff Preston Kyles to other #52 Plaintiff's response to PJI's second notice of supplemental authority (Larry, J.)
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Filing 52
Second Notice of Supplemental Authority by Papa John's International, Inc. (Attachments: #1 Exhibit A)(Hines, Erin)
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Filing 51
NOTICE by J. Dominick Larry of Change of Address (Larry, J.)
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Filing 50
MINUTE entry before the Honorable John Robert Blakey: Plaintiff's motion for entry of default against Defendant Hoosier Papa LLC is granted and default is hereby entered as to this Defendant. Mailed notice (gel, )
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Filing 49
MOTION by Plaintiff Preston Kyles for entry of default against Defendant Hoosier Papa LLC (Attachments: #1 Declaration of Thomas R. Kayes)(Kayes, Tom)
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Filing 48
RESPONSE by Defendant Papa John's International, Inc. to other #47 (Hines, Erin)
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Filing 47
Notice of Recent Decision by Preston Kyles (Attachments: #1 Exhibit A - Ronquillo Opinion)(Larry, J.)
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Filing 46
Notice of Supplemental Authority by Papa John's International, Inc. (Attachments: #1 Exhibit A)(Hines, Erin)
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Filing 45
REPLY by Defendant Papa John's International, Inc. to Motion to Dismiss for Failure to State a Claim #40 Defendant Papa John's International, Inc.'s Reply in Support of its Revised Motion to Dismiss Plaintiff's Amended Class Action Complaint (Hutchinson, Elisabeth)
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Filing 44
RESPONSE by Preston Kylesin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Papa John's International, Inc. Defendant Papa John's International, Inc.'s Revised Motion to Dismiss Plaintiff's Amended Class Action Complaint #40 (Larry, J.)
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Filing 43
MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' joint motion for entry of a confidentiality order #42 . Enter Order. Mailed notice (gel, )
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Filing 42
MOTION by Plaintiff Preston Kyles for protective order Joint Motion for Entry of Confidentiality Order (Attachments: #1 Text of Proposed Order [Clean], #2 Text of Proposed Order [Redline])(Larry, J.)
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Filing 41
MEMORANDUM Papa John's International, Inc.'s Memorandum in Support of Its Revised Motion to Dismiss Plaintiff's Amended Class Action Complaint (Attachments: #1 Exhibit A-F)(Hines, Erin)
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Filing 40
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Papa John's International, Inc. Defendant Papa John's International, Inc.'s Revised Motion to Dismiss Plaintiff's Amended Class Action Complaint (Hines, Erin)
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Filing 39
ATTORNEY Appearance for Defendant Papa John's International, Inc. by Elisabeth Ann Hutchinson (Hutchinson, Elisabeth)
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Filing 38
MINUTE entry before the Honorable John Robert Blakey: Defendant previously moved to dismiss, #26 , and the parties briefed the motion, see 28], #33 . Thereafter, Plaintiff submitted additional authority, see #35 . In response, Defendant now seeks leave to file a substantive response to Plaintiff's authority, #36 , and the parties agree that Plaintiff should then have an opportunity to reply to Defendant's response: in other words, the parties propose a full round of briefing on an already-fully-briefed motion. Rather than allowing piecemeal briefing, the Court denies without prejudice Defendant's prior motion to dismiss #26 , and sets revised briefing dates as follows: Defendant may file a revised motion to dismiss (including any and all arguments it wishes to make in support of dismissal) by 3/10/22; Plaintiff shall respond by 3/24/22, and Defendant shall file any reply by 3/31/22. The 2/24/22 Notice of Motion date is stricken. The Court grants Defendant's motion #36 to this extent. Mailed notice (gel, )
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Filing 37
NOTICE of Motion by Erin Bolan Hines for presentment of motion for leave to file #36 before Honorable John Robert Blakey on 2/24/2022 at 11:00 AM. (Hines, Erin)
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Filing 36
MOTION by Defendant Papa John's International, Inc. for leave to file motion to include argument (UNOPPOSED) (Attachments: #1 Exhibit 1)(Hines, Erin)
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Filing 35
Notice of Recent Decision in Opposition to Motion to Dismiss STATEMENT by Preston Kyles (Attachments: #1 Exhibit A - McDonald v. Symphony Bronzeville Park Opinion)(Larry, J.)
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Filing 34
NOTICE by Tom Kayes of Change of Address Law Firm Name Change (Kayes, Tom)
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Filing 33
REPLY by Papa John's International, Inc. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Papa John's International, Inc. to dismiss Plaintiff's Amended Class Action Complaint #26 (Hines, Erin)
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Filing 32
MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's motion to extend time #30 and strikes the 11/23/21 Notice of Motion date. Defendant shall file its reply in support of its motion to dismiss by 11/30/21. Mailed notice (gel, )
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Filing 31
NOTICE of Motion by Erin Bolan Hines for presentment of motion for extension of time to file response/reply #30 before Honorable John Robert Blakey on 11/23/2021 at 11:00 AM. (Hines, Erin)
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Filing 30
MOTION by Defendant Papa John's International, Inc. for extension of time to file response/reply as to memorandum in support of motion #27 (Unopposed) (Hines, Erin)
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Filing 29
MINUTE entry before the Honorable John Robert Blakey: If Defendant Papa John's International wishes to file a reply in support of its motion to dismiss #26 , it must do so by 11/23/21. Mailed notice (gel, )
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Filing 28
MEMORANDUM by Preston Kyles in Opposition to Motion to Dismiss for Failure to State a Claim #26 (Larry, J.)
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Filing 27
MEMORANDUM by Papa John's International, Inc. in support of Motion to Dismiss for Failure to State a Claim #26 (Attachments: #1 Exhibit A, #2 Exhibit B)(Hines, Erin)
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Filing 26
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Papa John's International, Inc. to dismiss Plaintiff's Amended Class Action Complaint (Hines, Erin)
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Filing 25
MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's motion to extend the stay #23 and hereby extends the stay entered 3/4/21, see #22 . Defendant shall answer or otherwise respond to the complaint either by 11/5/21 or within 28 days of a ruling in any of the cases cited in Defendant's motion, whichever comes first. The Court advises Defendant that it likely will not extend this stay. At some point Plaintiff's interest in a just and speedy resolution of his claim outweighs the benefits that the anticipated definitive rulings may afford. The 8/26/21 Notice of Motion date is stricken. Mailed notice (gel, )
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Filing 24
NOTICE of Motion by Erin Bolan Hines for presentment of motion to stay, #23 before Honorable John Robert Blakey on 8/26/2021 at 11:00 AM. (Hines, Erin)
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Filing 23
MOTION by Defendant Papa John's International, Inc. to stay extend stay of all proceedings (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Hines, Erin)
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Filing 22
MINUTE entry before the Honorable John Robert Blakey: In light of Plaintiff's amended complaint #17 , the Court denies without prejudice Defendant's motion to dismiss #12 . The Court denies Defendant's motion for leave to file a reply #19 , but grants Defendant's motion to stay #14 . The Court agrees that definitive rulings from the Seventh Circuit and/or the Illinois Supreme Court likely will help streamline the issues in this case and therefore stays the case for five months or until the courts provide clarity on the points at issue, whichever comes first. Defendant shall answer or otherwise respond to the complaint either by 8/4/21 or within 28 days of a ruling in any of the cases cited in Defendant's motion, whichever comes first. Mailed notice (gel, )
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Filing 21
RESPONSE by Preston Kylesin Opposition to MOTION by Defendant Papa John's International, Inc. for leave to file reply brief #19 (Attachments: #1 Exhibit A - Brandenberg v. Meridian Opinion)(Larry, J.)
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Filing 20
NOTICE of Motion by Erin Bolan Hines for presentment of motion for leave to file #19 before Honorable John Robert Blakey on 3/11/2021 at 11:00 AM. (Hines, Erin)
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Filing 19
MOTION by Defendant Papa John's International, Inc. for leave to file reply brief (Attachments: #1 Exhibit 1 - Proposed Reply)(Hines, Erin)
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Filing 18
RESPONSE by Preston Kylesin Opposition to MOTION by Defendant Papa John's International, Inc. to stay proceedings #14 (Kayes, Tom)
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Filing 17
AMENDED complaint by Preston Kyles against All Defendants (Kayes, Tom)
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Filing 16
MINUTE entry before the Honorable John Robert Blakey: Defendant's motion to stay #14 provides no indication of whether Plaintiff opposes the motion, or whether Defendant even discussed the motion with Plaintiff prior to filing it. If Plaintiff opposes the motion, he must file his response by 2/25/21. If Plaintiff does not file a response, the Court will assume Plaintiff does not oppose the motion. Mailed notice (gel, )
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Filing 15
MINUTE entry before the Honorable John Robert Blakey: The Court is in receipt of Defendant's motion to dismiss #12 . Plaintiff is advised to review the Court's Standing Order on Motions to Dismiss, which is available on the Court's homepage at www.ilnd.uscourts.gov. Consistent with the purpose of the Federal Rules "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, this Court's Standing Order requires Plaintiff to make an election as to whether Plaintiff will amend the complaint under Rule 15(a)(1), or stand on the current complaint and proceed with briefing on the motion to dismiss. To this end, Plaintiff shall file either: (1) an amended complaint within the time limit set forth in Fed. R. Civ. P. 15(a)(1)(B) by 2/23/2021 or (2) a response to the motion to dismiss by 3/2/2021. If Plaintiff files a response, Defendant shall file a reply by 3/9/2021. If Plaintiff elects to amend its pleading in response to the motion to dismiss, then Defendant shall file within 21 days of the amended pleading either: (1) an answer; or (2) a revised motion to dismiss. Mailed notice (gel, )
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Filing 14
MOTION by Defendant Papa John's International, Inc. to stay proceedings (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Hines, Erin)
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Filing 13
MEMORANDUM by Papa John's International, Inc. in support of Motion to Dismiss for Failure to State a Claim #12 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hines, Erin)
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Papa John's International, Inc. (Hines, Erin)
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Filing 11
REPORT of Rule 26(f) Planning Meeting by Preston Kyles (Kayes, Tom)
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Filing 10
MINUTE entry before the Honorable John Robert Blakey: Defendant's motion for extension of time to file answer #6 is granted and any answer shall be filed on or before 1/29/2021. Mailed notice (gel, )
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Filing 9
SUMMONS Returned Executed by Preston Kyles as to Hoosier Papa LLC on 12/11/2020, answer due 1/1/2021. (Kayes, Tom)
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Filing 8
ATTORNEY Appearance for Defendant Papa John's International, Inc. by Melissa Anne Siebert (Siebert, Melissa)
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Filing 7
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Papa John's International, Inc. (Hines, Erin)
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Filing 6
MOTION by Defendant Papa John's International, Inc. for extension of time to file answer (Hines, Erin)
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Filing 5
ATTORNEY Appearance for Defendant Papa John's International, Inc. by Erin Bolan Hines (Hines, Erin)
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Filing 4
ATTORNEY Appearance for Plaintiff Preston Kyles by J. Dominick Larry (Larry, J.)
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Filing 3
MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 1/25/2021, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, )
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Filing 2
CIVIL Cover Sheet (Kayes, Tom)
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Filing 1
COMPLAINT filed by Preston Kyles; Jury Demand. Filing fee $ 402, receipt number 0752-17703462.(Kayes, Tom)
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SUMMONS Issued as to Defendants Hoosier Papa LLC, Papa John's International, Inc. (cp, )
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CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (lxk, )
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