Stacey v. AT&T Inc. et al
| Jillian Mariah Stacey and Jillian Mariah Olivia Stacey |
| Franklin Collection Service, Inc., AT&T Inc. and AT&T Corp. |
| 1:2021cv02035 |
| April 15, 2021 |
| US District Court for the Northern District of Illinois |
| Gabriel A Fuentes |
| Franklin U Valderrama |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Both |
Docket Report
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| Document Text |
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| Filing 25 MINUTE entry before the Honorable Franklin U. Valderrama: On Plaintiff's Notice of Dismissal as to All Defendants #23 all claims against all Defendants in the instant matter are dismissed with prejudice. Civil case terminated. Mailed notice (axc). |
| Filing 24 MINUTE entry before the Honorable Gabriel A. Fuentes: The plaintiff having filed a notice of dismissal as to all defendants (doc. #23 ), the deadline of 1/14/22 for plaintiff to file a status report is hereby vacated. All matters subject to the referral having been concluded, the referral is hereby terminated. Mailed notice. (jj, ) |
| Filing 23 NOTICE of Voluntary Dismissal by Jillian Mariah Olivia Stacey as to all Defendants (Camarena, Paul) |
| Filing 22 MINUTE entry before the Honorable Gabriel A. Fuentes: With plaintiffs having settled with AT&T (doc. #21 ), the magistrate judge on referral is unclear on whether any claims against other defendants remain active in the case. Plaintiff is ordered to file a status report by noon on 1/14/21 as to whether defendants or claims remain and if so, what schedule for further discovery or settlement in the case ought to be entered, after a conference among counsel. Mailed notice. (jj, ) |
| Filing 21 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed Plaintiff's Notice of Settlement #19 , which indicates that Plaintiff Stacey and Defendant AT&T have agreed to settle. The case as against Defendant AT&T is dismissed without prejudice and with full leave to reinstate via motion filed by 11/29/2021. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Each party is to bear its own costs and fees. The Court advises the parties that, generally speaking, Seventh Circuit decisions hold that dismissals "with prejudice" leave the Court without jurisdiction to enforce a settlement agreement. See Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006). Mailed notice (axc). |
| Filing 20 MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff having filed a notice of settlement as to AT&T Corp. (doc. #19 ), the magistrate judge vacates any discovery deadlines applying to AT&T from the Court's 7/12/21 discovery order (doc. #18 ). Mailed notice (ber, ) |
| Filing 19 Notice of Settlement as to Defendant AT&T by Jillian Mariah Olivia Stacey (Camarena, Paul) |
| Filing 18 MINUTE entry before the Honorable Gabriel A. Fuentes: On referral from the District Court for discovery supervision and settlement (doc. #17 ), and on review of the parties' joint status report (doc. #15 ), the magistrate judge enters the following discovery schedule: all Rule 26(a)(1) initial disclosures are due by 8/01/21; all written discovery requests are to be served by 8/16/21; all fact discovery to close on 11/01/21; Rule 26(a)(2) expert disclosures are to be served by 12/1/21 for plaintiff and 1/17/22 for defendant; expert dispositions are to be completed by 2/1/22 for plaintiff's expert(s) and 3/17/22 for defense experts. A joint written status report is due and to be filed by noon on 10/22/21 on the anticipated closure of fact discovery and the status of settlement. The parties are directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes and the Top Ten Ways to Defeat Settlement, both available on the Court's website. Mailed notice. (jj, ) |
| Filing 17 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: discovery supervision, including setting all deadlines, and settlement matters. (axc). Mailed notice. |
| Filing 16 MINUTE entry before the Honorable Franklin U. Valderrama: The Court refers discovery supervision, including setting all deadlines, and settlement matters to Magistrate Judge Gabriel A. Fuentes. Mailed notice (axc). |
| Filing 15 STATUS Report (Initial Joint Report) by Jillian Mariah Olivia Stacey (Camarena, Paul) |
| Filing 14 MINUTE entry before the Honorable Franklin U. Valderrama: The Court grants Defendant Franklin Collection Service, Inc.'s unopposed second motion for extension of time to answer or otherwise plead to plaintiff's amended complaint and request to extend the joint initial status report deadline #13 . Defendant Franklin Collection Service, Inc.'s responsive pleading deadline is extended to 07/14/2021. The joint initial status report deadline is due on or before 07/07/2021. Mailed notice (axc). |
| Filing 13 MOTION by Defendant Franklin Collection Service, Inc. for extension of time to file answer or otherwise plead to Plaintiff's amended complaint (Second Unopposed) (Manetti, Louis) |
| Filing 12 MINUTE entry before the Honorable Franklin U. Valderrama: Defendants Franklin Collection Service, Inc. and AT&T Corp.'s unopposed motions for extension of time to answer or otherwise plead to plaintiff's amended complaint #10 and #11 are granted. Defendant Franklin Collection Service, Inc.'s responsive pleading deadline is extended to 06/29/2021 and AT&T Corp.'s responsive pleading deadline is extended to 07/14/2021. Mailed notice (axc). |
| Filing 11 MOTION by Defendant AT&T Corp. for extension of time to file answer regarding amended complaint #4 Unopposed (Rohan, Sean) |
| Filing 10 MOTION by Defendant Franklin Collection Service, Inc. for extension of time to answer or otherwise plead to Plaintiff's Amended Complaint (renewed and unopposed) (Manetti, Louis) |
| Filing 9 MINUTE entry before the Honorable Franklin U. Valderrama: Defendant Franklin Collection Service, Inc.'s motion for extension of time to answer or otherwise plead to plaintiff's amended complaint #8 is denied without prejudice, because defense counsel has failed to indicate in the title and the body of the motion whether the motion is opposed or unopposed. Pursuant to the Court's Standing Order, "[b]efore filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. Whether the motion is opposed or unopposed should be so identified in the title and body of the motion." This means that a party must contact opposing counsel ahead of a filing to allow for a reasonable amount of time for opposing counsel to respond. Defendant may file another motion for extension of time by 6/18/2021, and in that motion, defense counsel must indicate in the title and the body of the motion whether the motion is opposed or unopposed. Mailed notice (axc). |
| Filing 8 MOTION by Defendant Franklin Collection Service, Inc. for extension of time to Answer or Otherwise Plead to Plaintiff's Amended Complaint (Manetti, Louis) |
| Filing 7 ATTORNEY Appearance for Defendant Franklin Collection Service, Inc. by Louis J. Manetti, Jr (Manetti, Louis) |
| Filing 6 ATTORNEY Appearance for Defendant Franklin Collection Service, Inc. by Justin M Penn (Penn, Justin) |
| Filing 5 SUMMONS Issued as to Defendant AT&T Corp. (crl, ) |
| Filing 4 First AMENDED complaint by Jillian Mariah Olivia Stacey against All Defendants and terminating AT&T Inc. (Camarena, Paul) |
| SUMMONS Issued as to Defendants AT&T Inc., Franklin Collection Service, Inc. (cl, ) |
| Filing 3 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 6/29/2021, the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report.' The court will enter a scheduling order in response. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at analeah_charles@ilnd.uscourts.gov to reschedule the Joint Initial Status Report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Mailed notice (axc). |
| Filing 2 CIVIL Cover Sheet (Camarena, Paul) |
| Filing 1 COMPLAINT filed by Jillian Mariah Stacey; Jury Demand. Filing fee $ 402, receipt number 0752-18129259.(Camarena, Paul) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (as, ) |
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