Bailey v. MV Transportation, Inc.
| Renita Bailey |
| MV Transportation, Inc. |
| 1:2020cv07448 |
| December 16, 2020 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Other Statutory Actions |
| 28 U.S.C. § 1446 |
| Both |
Docket Report
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This docket was last retrieved on February 10, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 29 SUR-REPLY by Defendant MV Transportation, Inc. to motion to remand #14 (Jones, Jennifer) |
| Filing 28 MINUTE entry before the Honorable Steven C. Seeger: Defendant's motion for leave to file sur-reply (Dckt. No. #27 ) is hereby granted. The parties should not get in the habit of filing sur-replies, but the Court will allow this one. Defendant attached the sur-reply as an exhibit to the motion. Defendant shall file the sur-reply as a freestanding docket entry by February 16, 2021. Mailed notice. (jjr, ) |
| Filing 27 MOTION by Defendant MV Transportation, Inc. for leave to file Surreply (Jones, Jennifer) |
| Filing 26 REPLY by Renita Bailey to response to motion #23 , MOTION by Plaintiff Renita Bailey to remand #14 (Bock, Phillip) |
| Filing 25 RESPONSE by MV Transportation, Inc.in Support of MOTION by Defendant MV Transportation, Inc. to strike /Defendant's Motion to Strike Class Allegations #11 (Jones, Jennifer) |
| Filing 24 RESPONSE by MV Transportation, Inc.in Support of MOTION by Defendant MV Transportation, Inc. to dismiss /Defendant's Motion to Dismiss #8 (Jones, Jennifer) |
| Filing 23 RESPONSE by MV Transportation, Inc. to MOTION by Plaintiff Renita Bailey to remand #14 (Jones, Jennifer) |
| Filing 22 RESPONSE by Renita Baileyin Opposition to MOTION by Defendant MV Transportation, Inc. to strike /Defendant's Motion to Strike Class Allegations #11 (Bock, Phillip) |
| Filing 21 RESPONSE by Renita Baileyin Opposition to MOTION by Defendant MV Transportation, Inc. to dismiss /Defendant's Motion to Dismiss #8 (Bock, Phillip) |
| Filing 20 MINUTE entry before the Honorable Steven C. Seeger: Defendant's response on plaintiff's motion to remand (Dckt. No. #14 ) is due by January 19, 2021. Plaintiff's reply is due by February 1, 2021.Mailed notice. (jjr, ) |
| Filing 19 MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule for Defendant's motion to strike class allegations (Dckt. No. #11 ). Plaintiff's response is due by January 18, 2021. Defendant's reply is due by February 1, 2021. Mailed notice. (jjr, ) |
| Filing 18 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the filings by Plaintiff Bailey. In its response, Defendant should address when it began collecting fingerprint data from its Illinois employees, and when it obtained a scan of Plaintiff Bailey's fingerprints in particular. Also, Plaintiff argues that she left the union (Local 416) before Defendant scanned her fingerprints. Defendant should address whether Plaintiff continued to be a member of the bargaining unit, and thus continued to be covered by the collective bargaining agreement, after she ended her union membership. Finally, Defendant should provide information about where the employees in question were located (meaning what District) when Defendant scanned their fingerprints. Defendant should address those points and any other points that Defendant deems appropriate. Mailed notice. (jjr, ) |
| Filing 17 MEMORANDUM text entry,,,,,,,,, #7 , motion to remand #14 by Renita Bailey (response to order to show cause and memorandum in support of motion to remand) (Attachments: #1 Exhibit A - Redlined comparison of complaints, #2 Declaration B - Declaration of Renita Bailey, #3 Declaration C - Declaration of Jonathan B. Piper (with two internal exhibits))(Bock, Phillip) |
| Filing 16 ATTORNEY Appearance for Plaintiff Renita Bailey by Phillip A. Bock (Bock, Phillip) |
| Filing 15 RESPONSE by Plaintiff Renita Bailey to text entry,,,,,,,,, #7 , motion to remand #14 (memorandum in support of remand) (Attachments: #1 Exhibit A - Redlined comparison of complaints, #2 Declaration B - Declaration of Renita Bailey, #3 Declaration C - Declaration of Jonathan B. Piper (with two internal exhibits))(Bock, Phillip) |
| Filing 14 MOTION by Plaintiff Renita Bailey to remand (Bock, Phillip) |
| Filing 13 MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule for Defendant's motion to dismiss (Dckt. No. #8 ). Plaintiff's response is due by January 18, 2021. Defendant's reply is due by February 1, 2021. The motion for leave to file a memorandum in support of its motion to strike class allegations in excess of 15 pages (Dckt. No. #10 ) is granted. Mailed notice. (jjr, ) |
| Filing 12 MEMORANDUM by MV Transportation, Inc. in support of motion to strike #11 /Defendant's Memorandum in Support of its Motion to Strike Class Allegations (Martin, Patricia) |
| Filing 11 MOTION by Defendant MV Transportation, Inc. to strike /Defendant's Motion to Strike Class Allegations (Martin, Patricia) |
| Filing 10 MOTION by Defendant MV Transportation, Inc. for leave to file excess pages /Defendant's Motion for Leave to File a Memorandum in Support of Its Motion to Strike Class Allegations in Excess of 15 Pages (Martin, Patricia) |
| Filing 9 MEMORANDUM by MV Transportation, Inc. in support of motion to dismiss #8 /Defendant's Memorandum in Support of its Motion to Dismiss (Martin, Patricia) |
| Filing 8 MOTION by Defendant MV Transportation, Inc. to dismiss /Defendant's Motion to Dismiss (Martin, Patricia) |
| Filing 7 MINUTE entry before the Honorable Steven C. Seeger: The parties are back. This Court previously presided over a short-lived case between the same parties involving the same claims under the same statute. See Bailey v. MV Transportation, 20-cv-5375. This Court directed Plaintiff to show cause why the case should not be transferred to the Central District of Illinois, given that the named plaintiff lived and worked in Peoria (in the Central District). See Bailey v. MV Transportation, 20-cv-5375 (Dckt. No. 9). Defendant filed a motion to dismiss, too. In response, Plaintiff voluntarily dismissed the case at 4:05 p.m. on November 17, 2020. See Bailey v. MV Transportation, 20-cv-5375 (Dckt. No. 30). Plaintiff's change of heart was short lived. That same day, less than two hours later, Plaintiff refiled the case in the Circuit Court of Illinois, the same venue where she originally filed the first case (before removal). (Dckt. No. #1 -1) (showing a complaint filed at 5:35 p.m. on November 17, 2020). By December 30, 2020, Plaintiff shall file a statement that explains how this case is different than the last case, and explains why Plaintiff dismissed the last case and refiled in state court. Based on paragraph 28 of the complaint, it appears that Plaintiff is now attempting to exclude anyone covered by a collective bargaining agreement. Plaintiff must identify the differences by attaching a redline. Also, by December 30, 2020, Plaintiff shall show cause why she should not bear the expense of removing this dispute to federal court for the second time. Finally, by December 30, 2020, Plaintiff shall show cause why this case should not be transferred to the Central District of Illinois. The complaint alleges that MVTI collected fingerprint data in seven locations in Illinois. Plaintiff must address how many of those locations are within the Northern District of Illinois, the Central District, and the Southern District. Based on the Court's preliminary review, it appears that Plaintiff's new complaint deleted paragraph 11 from the old complaint in Bailey v. MV Transportation, 20-cv-5375, which confirmed her ties to Peoria (not Chicago): "From 2019 to 2020, Plaintiff worked at MVTI's location at 1030 Olympia Drive, Peoria IL 61615." Plaintiff's statement must address whether that sentence appears in the complaint in the new action, and if not, why not. Mailed notice. (jjr, ) |
| Filing 6 MAILED Notice of Removal letter to counsel of record. (ec, ) |
| Filing 5 ATTORNEY Appearance for Defendant MV Transportation, Inc. by Patricia J. Martin (Martin, Patricia) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ng, ) |
| Filing 4 Corporate Disclosure Statement STATEMENT by MV Transportation, Inc. (Jones, Jennifer) |
| Filing 3 ATTORNEY Appearance for Defendant MV Transportation, Inc. by Jennifer Lynn Jones (Jones, Jennifer) |
| Filing 2 CIVIL Cover Sheet (Jones, Jennifer) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2020CH05336) filed by MV Transportation, Inc. Filing fee $ 402, receipt number 0752-17750682. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Jones, Jennifer) |
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| Defendant: MV Transportation, Inc. | |
| Represented By: | Jennifer Lynn Jones |
| Represented By: | Patricia J. Martin |
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| Plaintiff: Renita Bailey | |
| Represented By: | Phillip A. Bock |
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