Horan v. Ford Motor Company
| Michael Horan |
| Ford Motor Company |
| 1:2021cv01116 |
| February 25, 2021 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Robert M Dow |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 36 MINUTE entry before the Honorable John Robert Blakey: Having reviewed the parties' 7/31/23 status report #35 , the Court continues the stay imposed 10/19/21, #24 , at least until the Eastern District of California resolves the motion to dismiss the amended consolidated class action complaint in the California Action, Case 2:20-cv-01796-DAD-CKD. Within seven days of the Eastern District of California's order, the parties shall jointly file a copy of that order with this Court, along with a joint status report summarizing the order and their respective positions on how it should affect the stay in this case. As before, if the Eastern District of California enters any other orders concerning the scope of the class or the claims that will be allowed to proceed in that action, Defendant shall provide this Court with a copy of such orders within seven days of their entry. Mailed notice (gel, ) |
| Filing 35 STATUS Report (Joint) by Michael Horan (Barnow, Ben) |
| Filing 34 MINUTE entry before the Honorable John Robert Blakey: The parties shall file a joint status report by 7/31/23 providing an update concerning proceedings in the Eastern District of California and an assessment of the propriety of a continued stay. Mailed notice (gel, ) |
| Filing 33 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ford Motor Company DISCLOSURE OF CORPORATE INTERESTS BY DEFENDANT FORD MOTOR COMPANY (Edwards, Randall) |
| Filing 32 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, ) |
| Filing 31 MINUTE entry before the Honorable John Robert Blakey: Having reviewed the parties' 10/26/22 status report #30 , the Court continues the stay imposed 10/19/21, #24 , at least until the Eastern District of California resolves the forthcoming motion to dismiss the amended consolidated class action complaint in Case 2:20-cv-01796-TLN-CKD. Within seven days of the Eastern District of California's order, the parties shall jointly file a copy of the order with this Court, along with a joint status report summarizing the order and their respective positions on how it should affect the stay in this case. As before, if the Eastern District of California enters any other orders concerning the scope of the class or the claims that will be allowed to proceed in that action, Defendant shall provide this Court with a copy of such orders within seven days of their entry. Mailed notice (gel, ) |
| Filing 30 STATUS Report (JOINT) by Michael Horan (Attachments: #1 Exhibit 1 - California Amended Complaint)(Barnow, Ben) |
| Filing 29 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. During the course of the litigation, the attorneys must 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. The litigants are ordered to review and fully comply with all of this Court's own standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. The parties shall file an updated status report by 10/26/22 concerning the status of any amended complaint in Miller v. Ford Motor Company, pending in the Eastern District of California. This case remains stayed. Mailed notice (gel, ) |
| Filing 28 EXECUTIVE COMMITTEE ORDER: The Honorable Robert M. Dow Jr. has been appointed Counselor to the Chief Justice of the United States. As he takes on these responsibilities, the court will at this time reassign a portion of his civil and criminal cases. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1 (f). Case reassigned to the Honorable John Robert Blakey for all further proceedings. Honorable Robert M. Dow, Jr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/11/2022. (td, ) |
| Filing 27 STATUS Report (JOINT) by Michael Horan (Attachments: #1 Exhibit A - California Order)(Barnow, Ben) |
| Filing 26 NOTICE by Thomas William Cushing of Change of Address (Cushing, Thomas) |
| Filing 25 NOTICE by Mark Howard Boyle of Change of Address (Boyle, Mark) |
Filing 24
ORDER: This matter is before the Court on Defendant's motion to transfer the case to the Eastern District of California or stay proceedings on "first to file" grounds #17 . For the reasons explained below, the motion is granted in part and denied in part. The motion to transfer is denied. The motion to stay is granted. This action shall be stayed at least until the Eastern District of California has resolved Ford's pending motion to dismiss the consolidated class action complaint in the California Action, Case 2:20-cv-01796-TLN-CKD. Within seven days of the Eastern District of California's order, the parties shall jointly file a copy of the order with this Court, along with a joint status report summarizing the order and their respective positions on how it should affect the stay in this case. Additionally, to the extent that the Eastern District of California enters any other orders concerning the scope of the class or the claims that will be allowed to proceed in that action, Defendant is directed to provide this Court with a copy of such orders within seven days of their entry. Once the Court has reviewed those materials, it will revisit the stay. Defendant's motion to dismiss #16 , which has not been briefed, is stricken without prejudice. Signed by the Honorable Robert M. Dow, Jr on 10/19/2021. Mailed notice (aee, )
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| Filing 23 MINUTE entry before the Honorable Robert M. Dow, Jr: Motions to appear pro hac vice #13 , #15 are granted. Emailed notice (cdh, ) |
| Filing 22 REPLY by Defendant Ford Motor Company in Support of its Motion to Transfer or Stay Proceedings (Cushing, Thomas) |
| Filing 21 Appearance of T. Cushing by Ford Motor Company (Cushing, Thomas) |
| Filing 20 RESPONSE by Michael Horanin Opposition to MOTION by Defendant Ford Motor Company to transfer case or Stay Proceedings on First to File Grounds #17 (Barnow, Ben) |
| Filing 19 MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Defendant's motion to dismiss #16 is entered and continued generally until the motion to transfer or stay is resolved. Defendant's motion to transfer or stay #17 is taken under advisement; Plaintiff has until May 26, 2021, to file a response; Defendant has until June 9, 2021, to file its reply. On the basis of extended discussion about the status of related cases in the Eastern District of California and taking into account the parties' agreement that, at a minimum, discovery among these four cases should be coordinated, the Court directs counsel to give thought to coordinated discovery but to hold off on issuing any discovery or setting a formal discovery plan until the Court resolves whether this case will proceed here and be coordinated with the California litigation or will be transferred to California. Mailed notice (ma,) |
| Filing 18 NOTICE by Ford Motor Company re MOTION by Defendant Ford Motor Company to dismiss #16 , MOTION by Defendant Ford Motor Company to transfer case or Stay Proceedings on First to File Grounds #17 (Adler, Michael) |
| Filing 17 MOTION by Defendant Ford Motor Company to transfer case or Stay Proceedings on First to File Grounds (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Adler, Michael) |
| Filing 16 MOTION by Defendant Ford Motor Company to dismiss (Attachments: #1 Exhibit A)(Adler, Michael) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18167569. (Hammack, Scott) |
| Filing 14 STATUS Report Joint by Michael Horan (Barnow, Ben) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18162755. (Edwards, Randall) |
| Filing 12 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion to withdraw the appearance of Erich P. Schork #11 is granted. Anthony L. Parkhill of Barnow and Associates, P.C., will continue to serve as counsel for Plaintiff Horan in this matter. Emailed notice (cdh, ) |
| Filing 11 MOTION by Attorney Erich P. Schork to withdraw as attorney for Michael Horan. No party information provided (Schork, Erich) |
| Filing 10 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant's motion to extend deadline to file responsive pleading #9 is granted to and including 4/23/2021. This case remains set for an initial telephone status hearing on 4/28/2021 [see 6]. Emailed notice (cdh, ) |
| Filing 9 MOTION by Defendant Ford Motor Company for extension of time to extend deadline to file a responsive pleading (Boyle, Mark) |
| Filing 8 ATTORNEY Appearance for Defendant Ford Motor Company by Michael Harris Adler (Adler, Michael) |
| Filing 7 ATTORNEY Appearance for Defendant Ford Motor Company by Mark Howard Boyle (Boyle, Mark) |
| Filing 6 MINUTE entry before the Honorable Robert M. Dow, Jr: Initial telephone conference is set for 4/28/2021 at 9:30 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial; (3) The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Plaintiff is to advise all other parties of the Courts action herein. The parties are requested to file a joint status report at least THREE business days prior to the initial status and ALL further status hearings. For further details see the Court's website available at www.ilnd.uscourts.gov. Joint status report due by 4/22/2021. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Emailed notice (cdh, ) |
| SUMMONS Issued as to Defendant Ford Motor Company (ke, ) |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (ng, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Michael Horan by Anthony L Parkhill (Parkhill, Anthony) |
| Filing 4 ATTORNEY Appearance for Plaintiff Michael Horan by Erich Paul Schork (Schork, Erich) |
| Filing 3 ATTORNEY Appearance for Plaintiff Michael Horan by Ben Barnow (Barnow, Ben) |
| Filing 2 CIVIL Cover Sheet (Barnow, Ben) |
| Filing 1 COMPLAINT filed by Michael Horan; Jury Demand. Filing fee $ 402, receipt number 0752-17967222.(Barnow, Ben) |
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