Quarles v. Pret A Manger (USA) Limited
| Kayla Quarles |
| Pret A Manger (USA) Limited |
| 1:2020cv07179 |
| December 4, 2020 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Contract: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Document Text |
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| Filing 18 ATTORNEY Appearance for Defendant Pret A Manger (USA) Limited by Matthew Edward Szwajkowski (Szwajkowski, Matthew) |
| Filing 17 ATTORNEY Appearance for Defendant Pret A Manger (USA) Limited by Jamie L Filipovic (Filipovic, Jamie) |
| Filing 16 MINUTE entry before the Honorable Manish S. Shah: The motion to substitute attorney #15 is granted. Jamie L. Filipovic and Matthew E. Szwajkowski of O'Hagan Meyer LLC have leave to file an appearance on behalf of Defendant. Michael J. Gray, Efrat R. Schulman, and Katherine Stallings Bailey of Jones Day are terminated as counsel of record. Notices mailed. (psm, ) |
| Filing 15 MOTION by Defendant Pret A Manger (USA) Limited to substitute attorney (Bailey, Katherine) |
| Filing 14 RESPONSE by Kayla Quarlesin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Pret A Manger (USA) Limited #12 (Attachments: #1 Exhibit 1., #2 Exhibit 2., #3 Exhibit 3., #4 Exhibit 4., #5 Exhibit 5., #6 Exhibit 6., #7 Exhibit 7., #8 Exhibit 8., #9 Exhibit 9., #10 Exhibit 10.)(Barbakoff, Gregg) |
| Filing 13 MEMORANDUM by Pret A Manger (USA) Limited in support of Motion to Dismiss for Failure to State a Claim #12 (Bailey, Katherine) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Pret A Manger (USA) Limited (Bailey, Katherine) |
| Filing 11 MINUTE entry before the Honorable Manish S. Shah: By agreement of the parties, defendant's motion to dismiss is due 1/5/21. Plaintiff's response is due 1/26/21, and defendant's reply 2/2/21. Discovery is stayed while the motion is under advisement. The court will issue a ruling via cm/ecf. Notices mailed. (psm, ) |
| Filing 10 MINUTE entry before the Honorable Manish S. Shah: Defendant's motion to stay #9 is denied and briefing the motion is not necessary. The court is not persuaded that the pending Illinois Appellate Court decision will necessarily resolve the statute of limitations argument, because its "controlling" value depends on its persuasiveness as a prediction of the Illinois Supreme Court's evaluation of state law. The persuasiveness of the Illinois Appellate Court decision is unknown. This court appreciates that the court in Vaughan v. Biomat USA, Inc., No. 1:20 CV 04241, 2020 WL 6262359, at *3 (N.D. Ill. Oct. 23, 2020), reached a different assessment of the stay factors. But the delay in waiting for an intermediate appellate court decision of unknown persuasiveness does more harm to plaintiff's interests than the speculative efficiencies raised by defendant. This court is likely to stay discovery while a motion to dismiss is pending (although it will expect defendant to take appropriate steps to preserve relevant data) and the attorneys on both sides are likely well prepared to brief the forthcoming motion to dismiss. This court would benefit from briefing the statute of limitations issue while the Illinois Appellate Court considers the issue. Briefing the forthcoming motion does not impose an unfair burden or cost on the parties here. Notices mailed. (psm, ) |
| Filing 9 MOTION by Defendant Pret A Manger (USA) Limited to stay proceedings (Attachments: #1 Exhibit A, #2 Exhibit B)(Bailey, Katherine) |
| Filing 8 ATTORNEY Appearance for Plaintiff Kayla Quarles by Gregg M. Barbakoff (Barbakoff, Gregg) |
| Filing 7 ATTORNEY Appearance for Plaintiff Kayla Quarles by Keith James Keogh (Keogh, Keith) |
| Filing 6 ATTORNEY Appearance for Defendant Pret A Manger (USA) Limited by Michael J Gray (Gray, Michael) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Pret A Manger (USA) Limited (Bailey, Katherine) |
| Filing 4 ATTORNEY Appearance for Defendant Pret A Manger (USA) Limited by Efrat R Schulman (Schulman, Efrat) |
| Filing 3 ATTORNEY Appearance for Defendant Pret A Manger (USA) Limited by Katherine Stallings Bailey (Bailey, Katherine) |
| Filing 2 CIVIL Cover Sheet (Bailey, Katherine) |
| Filing 1 NOTICE of Removal from Cook County, case number (2020-CH-06595) filed by Pret A Manger (USA) Limited Filing fee $ 402, receipt number 0752-17707189. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Bailey, Katherine) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (lxk, ) |
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