Kuczaty v. Willowbrook Ford Kia, Inc. et al
| OLIVIA KUCZATY |
| Ford Motor Company, WILLOWBROOK FORD KIA, INC. and Kia Motors America, Inc. |
| 1:2021cv02551 |
| May 11, 2021 |
| US District Court for the Northern District of Illinois |
| Sara L Ellis |
| Civil Rights: Jobs |
| 28 U.S.C. § 451 Employment Discrimination |
| Both |
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| Filing 131 COPY of briefing order dated 06/15/2023 from the 7th Circuit regarding notice of appeal #125 ; Appellate case no. : 23-2167 (daj, ) |
| Filing 130 PAYMENT by Olivia Kuczaty of Filing fee $ 505, receipt number AILNDC-20738120. (Frederick, Calvita) |
| Filing 128 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #125 ; USCA Case No. 23-2167. (jg, ) |
| Filing 129 CIRCUIT Rule 3(b) Fee Notice. (daj, ) |
| Filing 127 TRANSMITTED to the 7th Circuit the short record on notice of appeal #125 . Notified counsel (gcy, ) |
| Filing 126 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #125 (gcy, ) |
| Filing 125 NOTICE of appeal by Olivia Kuczaty regarding orders #122 , #106 , #97 , #80 , #92 , #65 , #100 , #123 Receipt number: y (Frederick, Calvita) |
| Filing 124 BILL of Costs Defendant's Bill of Costs (Attachments: #1 Exhibit 1)(Bossard, Rachel) |
| Filing 123 JUDGMENT IN A CIVIL CASE. Emailed notice(cdh, ) |
| Filing 122 OPINION AND ORDER Signed by the Honorable Sara L. Ellis on May 10, 2023. For the foregoing reasons, the Court grants Willowbrook's motion for summary judgment #107 . The Court grants Kuczaty's motion to accept her response to the motion for summary judgment and Rule 56.1 statement of additional facts and attachments nunc pro tunc to February 3, 2023 #118 . The Court grants in part and denies in part Willowbrook's motion to strike Kuczaty's response to the motion for summary judgment #113 . The Court strikes 2, 3, 10, 11, 12, 13, 15, 16, 17, 18, 20, 21, 22, 23, and 27 of Kuczaty's statement of additional facts. The Court denies Kuczaty's combined motion to reopen discovery and for leave to amend the complaint [111-4]. The Court enters judgment for Willowbrook on Kuczaty's first amended complaint. Case terminated. Emailed notice(cdh, ) |
| Filing 121 MINUTE entry before the Honorable Sara L. Ellis: The Court takes Plaintiff's motion to accept late filing #118 under advisement and will rule on the motion in conjunction with the ruing on Defendant's motion for summary judgment. No appearance required on 3/14/2023. Mailed notice (rj, ) |
| Filing 120 NOTICE of Motion by Calvita J. Frederick for presentment of motion for miscellaneous relief #118 before Honorable Sara L. Ellis on 3/14/2023 at 09:45 AM. (Frederick, Calvita) |
| Filing 119 RESPONSE by Defendant Willowbrook Ford Kia, Inc. to Plaintiff's Motion to Accept Plaintiff's Response to Motion for Summary Judgment, Rule 56.1 Statement of Additional Facts and Attachments Nunc Pro Tunc to February 3, 2023 (Bossard, Rachel) |
| Filing 118 MOTION by Plaintiff Olivia KuczatyAccept File Nunc Pro Tunc to February 3, 2023 (Frederick, Calvita) |
| Filing 117 RESPONSE by Defendant Willowbrook Ford Kia, Inc. Defendant's Response to Plaintiff's Rule 56.1 Statement of Additional Material Facts (Attachments: #1 Exhibit 1)(Bossard, Rachel) |
| Filing 116 REPLY by Defendant Willowbrook Ford Kia, Inc. Defendant's Reply In Support of Its Motion for Summary Judgment (Bossard, Rachel) |
| Filing 115 MINUTE entry before the Honorable Sara L. Ellis: The Court takes Defendant's motion to strike #113 under advisement and will rule on the motion in conjunction with the ruling on Defendant's motion for summary judgment. If Plaintiff wishes to file a response to Defendant's motion, she must do so by 2/17/2023. The date for Defendant's reply remains 2/17/2023. Mailed notice (rj, ) |
| Filing 114 NOTICE of Motion by Rachel Edlinger Bossard for presentment of motion to strike, #113 before Honorable Sara L. Ellis on 2/9/2023 at 01:45 PM. (Bossard, Rachel) |
| Filing 113 MOTION by Defendant Willowbrook Ford Kia, Inc. to strike response in opposition to motion #110 Motion to Strike Plaintiff's Response to Motion for Summary Judgment and in Opposition to Motion to Reopen Discovery and File Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bossard, Rachel) |
| Filing 112 EXHIBIT by Plaintiff Olivia Kuczaty Exhibit D Kuczaty transcript (Frederick, Calvita) |
| Filing 111 RULE 56 1 Statement by Olivia Kuczaty regarding motion for summary judgment #107 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Frederick, Calvita) |
| Filing 110 RESPONSE by Olivia Kuczatyin Opposition to MOTION by Defendant Willowbrook Ford Kia, Inc. for summary judgment Defendant's Motion for Summary Judgment #107 (Frederick, Calvita) |
| Filing 109 MEMORANDUM by Willowbrook Ford Kia, Inc. in support of motion for summary judgment #107 Defendant's Memorandum of Law in Support Of Its Motion for Summary Judgment (Bossard, Rachel) |
| Filing 108 Joint Statement of Undisputed Facts STATEMENT by Willowbrook Ford Kia, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Bossard, Rachel) |
| Filing 107 MOTION by Defendant Willowbrook Ford Kia, Inc. for summary judgment Defendant's Motion for Summary Judgment (Bossard, Rachel) |
| Filing 106 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendant's motion to strike #103 and finds that Plaintiff's proposed statement of undisputed fact #31 is disputed. Thus, the parties should not include that proposed fact in their joint statement of undisputed facts. Mailed notice (rj, ) |
| Filing 105 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 104 NOTICE of Motion by Rachel Edlinger Bossard for presentment of motion to strike #103 before Honorable Sara L. Ellis on 1/4/2023 at 09:45 AM. (Bossard, Rachel) |
| Filing 103 MOTION by Defendant Willowbrook Ford Kia, Inc. to strike Plaintiff's Additional Fact No. 31 (Attachments: #1 Affidavit Exhibit A)(Bossard, Rachel) |
| Filing 102 MINUTE entry before the Honorable Sara L. Ellis: Telephone motion hearing held on 12/16/2022. Defendant's motion to resolve undisputed facts in support of its motion for summary judgment and striking certain additional of Plaintiff's uncontested facts #98 is resolved as stated on the record. Mailed notice (rj, ) |
| Filing 101 DECLARATION of Jared Pryszcz regarding motion for miscellaneous relief, #98 (Frederick, Calvita) |
| Filing 100 MINUTE entry before the Honorable Sara L. Ellis: Telephone motion hearing held on 12/15/2022 as to Defendant's motion to resolve undisputed facts in support of its motion for summary judgment striking certain additional of Plaintiff's uncontested facts #98 is entered and continued 12/16/2022 at 10:30 AM for ruling. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 99 Defendant's Motion to Resolve Undisputed Facts In Support of its Motion for Summary Judgment and Striking Certain Additional of Plaintiff's Uncontested Facts NOTICE of Motion by Rachel Edlinger Bossard for presentment of motion for miscellaneous relief, #98 before Honorable Sara L. Ellis on 12/15/2022 at 01:45 PM. (Bossard, Rachel) |
| Filing 98 MOTION by Defendant Willowbrook Ford Kia, Inc.Defendant's Motion to Resolve Undisputed Facts in Support of its Motion for Summary Judgment and Striking Certain Additional of Plaintiff's Uncontested Facts (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit B, #4 Exhibit C)(Bossard, Rachel) |
| Filing 97 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 12/1/2022. Motion for ruling on Defendant's statement of undisputed facts in support of its motion for summary judgment #94 is denied without prejudice. As stated on the record, Plaintiff to send responses and proposed facts to defense counsel. Motion to resolve undisputed facts filed by 12/8/22 and noticed for presentment on 12/15/22 at 1:45 p.m. The Court sets the following summary judgment briefing schedule: Defendant's motion for summary judgment is due by 1/6/2023; Plaintiff's response is due by 2/3/2023; and Defendant's reply is due by 2/17/2023. No further extensions of this schedule will be granted. The Court sets status date to 5/17/2023 at 9:30 a.m. for ruling on Defendant's motion for summary judgment. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 96 RESPONSE by Olivia Kuczatyin Opposition to MOTION by Defendant Willowbrook Ford Kia, Inc.Motion for Ruling on Defendant's Statement of Undisputed Facts in Support of its Motion for Summary Judgment #94 (Attachments: #1 Exhibit, #2 Declaration, #3 Declaration, #4 Exhibit)(Frederick, Calvita) |
| Filing 95 Notice of Motion presentment of Motion for Ruling on Defendant's Statement of Undisputed Facts in Support of its Motion for Summary Judgment NOTICE of Motion by Rachel Edlinger Bossard for presentment of motion for miscellaneous relief, #94 before Honorable Sara L. Ellis on 12/1/2022 at 01:45 PM. (Bossard, Rachel) |
| Filing 94 MOTION by Defendant Willowbrook Ford Kia, Inc.Motion for Ruling on Defendant's Statement of Undisputed Facts in Support of its Motion for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bossard, Rachel) |
| Filing 93 TRANSCRIPT OF PROCEEDINGS held on 11/07/22 before the Honorable Sara L. Ellis. Order Number: 44524. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/13/2022. Redacted Transcript Deadline set for 12/23/2022. Release of Transcript Restriction set for 2/20/2023. (Mullen, Patrick) |
| Filing 92 MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 11/7/2022 regarding motion to bar #87 . Motion to bar is granted as stated on the record to the extend that the Court bars the parties from using the witness's testimony in the case. The Court sets the following summary judgment briefing schedule: Defendant's motion for summary judgment is due by 12/7/2022; Plaintiff's response is due by 1/13/2023; and Defendant's reply is due by 1/27/2023. The Court sets status date for 5/17/2023 at 9:30 a.m. for ruling on Defendant's motion for summary judgment. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 91 DECLARATION of Olivia Kuczaty regarding response in opposition to motion, #90 (Attachments: #1 Exhibit combined text messages)(Frederick, Calvita) |
| Filing 90 RESPONSE by Olivia Kuczatyin Opposition to MOTION by Defendant Willowbrook Ford Kia, Inc. to bar the Deposition of Danielle Lauszek, for Rule to Show Cause and for Sanctions #87 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Declaration)(Frederick, Calvita) |
| Filing 89 MINUTE entry before the Honorable Sara L. Ellis: The Court orders the parties to appear in person on 11/7/2022 at 9:30 a.m. regarding motion to bar the deposition of Danielle Latuszek, for a rule to show cause and for sanctions #87 . No appearance required on 11/3/2022. Mailed notice (rj, ) |
| Filing 88 NOTICE of Motion by Rachel Edlinger Bossard for presentment of motion to bar #87 before Honorable Sara L. Ellis on 11/3/2022 at 01:45 PM. (Bossard, Rachel) |
| Filing 87 MOTION by Defendant Willowbrook Ford Kia, Inc. to bar the Deposition of Danielle Lauszek, for Rule to Show Cause and for Sanctions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bossard, Rachel) |
| Filing 86 MINUTE entry before the Honorable Sara L. Ellis: Telephone motion hearing held on 10/11/2022. Defendant Willowbrook Ford, Inc.'s motion for leave to file answer to the first amended complaint and affirmative defenses #81 is granted. Mailed notice (rj, ) |
| Filing 85 REPLY by Defendant Willowbrook Ford Kia, Inc. to response in opposition to motion #83 Defendant's Reply in Support of Motion for Leave to File Answer to Complaint (Attachments: #1 Exhibit A)(Bossard, Rachel) |
| Filing 84 Motion for Relief from September 19, 2022 Court Order Requiring Completion of Deposition by Willowbrook Ford Kia, Inc. (Attachments: #1 Exhibit A)(Bossard, Rachel) |
| Filing 83 RESPONSE by Olivia Kuczatyin Opposition to MOTION by Defendant Willowbrook Ford Kia, Inc. for leave to file Answer to the First Amended Complaint and Affirmative Defenses #81 (Frederick, Calvita) |
| Filing 82 NOTICE of Motion by Rachel Edlinger Bossard for presentment of motion for leave to file #81 before Honorable Sara L. Ellis on 10/11/2022 at 09:45 AM. (Bossard, Rachel) |
| Filing 81 MOTION by Defendant Willowbrook Ford Kia, Inc. for leave to file Answer to the First Amended Complaint and Affirmative Defenses (Attachments: #1 Exhibit A)(Bossard, Rachel) |
| Filing 80 MINUTE entry before the Honorable Sara L. Ellis: The Court denies Plaintiff's motion to extend the fact discovery deadline #74 . The Court previously extended the fact discovery deadline #71 . Plaintiff should have noticed the depositions that she indicated wanted to take in the prior motion to extend fact discovery #69 such that she could complete them prior to the close of fact discovery. The Court grants Defendant's motion to compel #72 and orders the deposition of Danielle Latuszek to occur no later than 10/7/2022. The Court declines to order Plaintiff to pay the costs of the court reporter's attendance on 9/14/2022 or Defendant's fees associated with the preparation of and filing of the motion to compel. The Court sets the following summary judgment briefing schedule: Defendant's motion for summary judgment is due by 11/30/2022; Plaintiff's response is due by 1/6/2023; and Defendant's reply is due by 1/20/2023. The Court will set an expert discovery schedule, if necessary, after ruling on Defendant's motion for summary judgment. The Court strikes the status date set for 9/20/2022 and resets it to 5/17/2023 at 9:30 a.m. for ruling on Defendant's motion for summary judgment. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 79 RE NOTICE of Motion by Calvita J. Frederick for presentment of motion for extension of time to complete discovery #74 before Honorable Sara L. Ellis on 9/20/2022 at 09:45 AM. (Frederick, Calvita) |
| Filing 78 STATUS Report Plaintiff's by Olivia Kuczaty (Attachments: #1 Exhibit AUTO REPLY FROM PROBATE COURT, #2 Exhibit PROPOSED ORDER PROBATE MATTER)(Frederick, Calvita) |
| Filing 77 STATUS Report by Willowbrook Ford Kia, Inc. (Bossard, Rachel) |
| Filing 76 RESPONSE by Willowbrook Ford Kia, Inc.in Opposition to MOTION by Plaintiff Olivia Kuczaty for extension of time to complete discovery Oppossed #74 Defendant's Response in Opposition to Plaintiff's Motion to Extend the Discovery Cut Off Date (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Bossard, Rachel) Modified on 9/14/2022 (jn, ). |
| Filing 75 NOTICE of Motion by Calvita J. Frederick for presentment of motion for extension of time to complete discovery #74 before Honorable Sara L. Ellis on 9/15/2022 at 01:45 PM. (Frederick, Calvita) |
| Filing 74 MOTION by Plaintiff Olivia Kuczaty for extension of time to complete discovery Oppossed (Attachments: #1 Exhibit Benford Court Order)(Frederick, Calvita) |
| Filing 73 NOTICE of Motion by Rachel Edlinger Bossard for presentment of motion to compel #72 before Honorable Sara L. Ellis on 9/20/2022 at 09:30 AM. (Bossard, Rachel) |
| Filing 72 MOTION by Defendant Willowbrook Ford Kia, Inc. to compel Motion to Compel Deposition of Danielle Latuszek (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Bossard, Rachel) |
| Filing 71 MINUTE entry before the Honorable Sara L. Ellis: Telephone motion hearing held on 7/6/2022. Plaintiff's unopposed motion to extend the discovery cut off #69 is granted. Fact discovery ordered closed on 9/15/2022. Telephone Conference set for 7/27/2022 is stricken and reset to 9/20/2022 at 9:30 AM with joint status report due by 9/14/2022. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 70 UNOPPOSED NOTICE of Motion by Calvita J. Frederick for presentment of motion for extension of time to complete discovery #69 before Honorable Sara L. Ellis on 7/6/2022 at 09:45 AM. (Frederick, Calvita) |
| Filing 69 MOTION by Plaintiff Olivia Kuczaty for extension of time to complete discovery UNOPPOSED (Frederick, Calvita) |
| Filing 68 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendant's motion for leave to withdraw the appearance of counsel and withdraws the appearance of Geneva C. Ramirez as counsel for Defendant. Mailed notice (rj, ) |
| Filing 67 NOTICE of Motion by Geneva Claflin Ramirez for presentment of motion to withdraw as attorney #66 before Honorable Sara L. Ellis on 6/22/2022 at 09:45 AM. (Ramirez, Geneva) |
| Filing 66 MOTION by Attorney Geneva C. Ramirez to withdraw as attorney for Willowbrook Ford Kia, Inc.. No party information provided (Ramirez, Geneva) |
Filing 65
ORDER. The Court grants Defendant Willowbrook Ford, Inc.'s motion to dismiss Plaintiff's Equal Pay Act claims #42 . The Court dismisses Plaintiff's Equal Pay Act claims (Counts II and III) without prejudice. If Kuczaty has a reasonable basis to replead these claims consistent with Rule 11 and this Order, she may attempt to do so by filing a second amended complaint by July 1, 2022. The Court denies Plaintiff's motion for extension of time #51 as moot. See Statement. Status hearing set for 6/14/2022 is stricken. Telephone status hearing set for 7/27/2022 at 9:30 a.m. with joint status due by 7/20/2022 to stand as indicated in #32 . Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll-free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Signed by the Honorable Sara L. Ellis on 6/13/2022:Mailed notice(rj, )
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| Filing 64 NOTICE by Emily Elizabeth Dory of Change of Address (Dory, Emily) |
| Filing 63 NOTICE by Mark Howard Boyle of Change of Address (Boyle, Mark) |
| Filing 62 NOTICE by Karen Kies DeGrand of Change of Address (DeGrand, Karen) |
| Filing 61 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 4/6/2022. Plaintiff's motion requesting recusal #57 is denied for the reasons stated on the record. Mailed notice (rj, ) |
| Filing 60 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference set for 4/6/22 at 9:45 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 59 RESPONSE by Willowbrook Ford Kia, Inc. to MOTION by Plaintiff Olivia Kuczaty for recusal #57 Defendant's Response to Plaintiff's Motion Requesting Recusal (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bossard, Rachel) |
| Filing 58 NOTICE of Motion by Calvita J. Frederick for presentment of motion for recusal #57 before Honorable Sara L. Ellis on 4/6/2022 at 09:45 AM. (Frederick, Calvita) |
| Filing 57 MOTION by Plaintiff Olivia Kuczaty for recusal (Attachments: #1 Exhibit Physician's Statement, #2 Exhibit Doctor's Note)(Frederick, Calvita) |
| Filing 56 REPLY by Willowbrook Ford Kia, Inc. to response in opposition to motion #55 Reply in Support of It's Motion to Dismiss Plaintiff's Equal Pay Act Claim (Bossard, Rachel) |
| Filing 55 RESPONSE by Olivia Kuczatyin Opposition to MOTION by Defendant Willowbrook Ford Kia, Inc. to dismiss Plaintiff's Equal Pay Act Claim #42 (Frederick, Calvita) |
| Filing 54 RESPONSE by Defendant Willowbrook Ford Kia, Inc. Amended Response to Plaintiff's Motion to Reset Briefing Schedule on Defendant's Motion to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bossard, Rachel) |
| Filing 53 RESPONSE by Defendant Willowbrook Ford Kia, Inc. to motion for extension of time to file response/reply #51 Response to Plaintiff's Motion to Reset Briefing Schedule on Defendant's Motion to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bossard, Rachel) |
| Filing 52 NOTICE of Motion by Calvita J. Frederick for presentment of motion for extension of time to file response/reply #51 before Honorable Sara L. Ellis on 2/2/2022 at 09:45 AM. (Frederick, Calvita) |
| Filing 51 MOTION by Plaintiff Olivia Kuczaty for extension of time to file response/reply as to memorandum in support of motion #44 , motion to dismiss #42 (Attachments: #1 Exhibit Physician's Stataement)(Frederick, Calvita) |
| Filing 50 AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Sara L. Ellis on 2/11/2022:Mailed notice(rj, ) |
| Filing 49 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendant's motion for entry of agreed confidentiality order #47 . Mailed notice (rj, ) |
| Filing 48 NOTICE of Motion by Rachel Edlinger Bossard for presentment of motion for protective order #47 before Honorable Sara L. Ellis on 2/10/2022 at 01:45 PM. (Bossard, Rachel) |
| Filing 47 MOTION by Defendant Willowbrook Ford Kia, Inc. for protective order Motion for Entry of An Agreed Confidentiality Order (Attachments: #1 Exhibit)(Bossard, Rachel) |
| Filing 46 MINUTE entry before the Honorable Sara L. Ellis: The Court sets the following briefing schedule on Defendant's motion to dismiss #42 : Plaintiff's response is due by 3/2/2022 and Defendant's reply is due by 3/16/2022. The Court sets a ruling date for 6/14/2022 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice (rj, ) |
| Filing 45 AFFIDAVIT of Michael Meyer regarding memorandum in support of motion #44 , motion to dismiss #42 Amended Affidavit (Bossard, Rachel) |
| Filing 44 MEMORANDUM by Willowbrook Ford Kia, Inc. in support of motion to dismiss #42 Plaintiff's Equal Pay Act Claim (Attachments: #1 Exhibit A, #2 Exhibit B)(Bossard, Rachel) |
| Filing 43 NOTICE of Motion by Rachel Edlinger Bossard for presentment of motion to dismiss #42 before Honorable Sara L. Ellis on 2/2/2022 at 09:45 AM. (Bossard, Rachel) |
| Filing 42 MOTION by Defendant Willowbrook Ford Kia, Inc. to dismiss Plaintiff's Equal Pay Act Claim (Bossard, Rachel) |
| Filing 41 ATTORNEY Appearance for Defendant Willowbrook Ford Kia, Inc. by Geneva Claflin Ramirez (Ramirez, Geneva) |
| Filing 40 FIRST AMENDED complaint by Olivia Kuczaty against Willowbrook Ford Kia, Inc. (Attachments: #1 Exhibit Exhibit A CHARGE OF DIS, #2 Exhibit Exhibit B Right to Sue Letter)(Frederick, Calvita) |
| Filing 39 ATTORNEY Appearance for Defendant Ford Motor Company by Emily Elizabeth Dory (Dory, Emily) |
| Filing 38 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for leave to file her first amended complaint instanter #34 and denies, without prejudice, Defendant's motion to dismiss for failure to prosecute #33 , #35 . The Court grants Defendant's motion to substitute attorney #36 . The Court reminds the parties that they need to notice all motions for presentment. The Court further warns Plaintiff's counsel that the Court's deadlines are not mere suggestions. While the Court has granted Plaintiff leave to file an amended complaint past the deadline imposed by the Court, Plaintiff's counsel has used her one mulligan. Plaintiff's counsel will need to live with the consequences of any further missed deadlines, including dismissal of this case with prejudice. Mailed notice (rj, ) |
| Filing 37 NOTICE of Motion by Emily Elizabeth Dory for presentment of motion to substitute attorney #36 before Honorable Sara L. Ellis on 1/6/2022 at 01:45 PM. (Dory, Emily) |
| Filing 36 MOTION by Defendant Ford Motor Company to substitute attorney (Dory, Emily) |
| Filing 35 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Willowbrook Ford Kia, Inc. (Bossard, Rachel) |
| Filing 34 MOTION by Plaintiff Olivia Kuczaty for leave to file FAC, Instanter (Attachments: #1 Exhibit FAC)(Frederick, Calvita) |
| Filing 33 MOTION by Defendant Willowbrook Ford Kia, Inc. to dismiss for failure to prosecute (Bossard, Rachel) |
| Filing 32 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 11/30/2021 and resets it to 7/27/2022 at 9:30 a.m. The Court enters the following discovery schedule: Rule 26(a) disclosures are due by 12/10/2021; written discovery to issue by 12/20/2021; and fact discovery closes on 7/15/2022. The parties should file a joint status report by 7/20/2022 indicating the status of discovery, the status of any settlement discussions and whether the parties would like a referral to the magistrate judge for settlement purposes, whether the parties require expert discovery prior to dispositive motion practice, and proposed schedules for expert discovery and summary judgment briefing, where applicable. Mailed notice (rj, ) |
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Filing 31
ORDER: The Court grants in part and denies in part Defendant Willowbrook Ford, Inc.'s motion to strike certain allegations pursuant to Rule 12(f) #15 . The Court strikes the term "retaliation" from paragraph 5 and the entirety of paragraphs 48 and 49 from the complaint. Pursuant to Plaintiff Olivia Kuczaty's representations in her responses to Defendants Ford Motor Company, Inc.'s and Kia Motors America, Inc.'s motions to dismiss, the Court dismisses Ford Motor Company, Inc. and Kia Motors America, Inc. as Defendants without prejudice and denies their motions to dismiss #16 , #20 as moot. The Court orders Kuczaty to file an amended complaint removing paragraphs 48 and 49, the reference to retaliation in paragraph 5, and all references to Defendants Ford Motor Company, Inc. and Kia Motors America, Inc. by December 1, 2021. The Court denies Kuczaty's request to amend the complaint to include a 1983 claim as futile. See Statement. Signed by the Honorable Sara L. Ellis on 11/16/2021: Mailed notice(gcy, )
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| Filing 30 REPLY by Kia Motors America, Inc. to response to motion #27 (Bradwell, Shane) |
| Filing 29 REPLY by Ford Motor Company to response to motion #26 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ford Motor Company #16 (Millman, Timothy) |
| Filing 28 REPLY by Defendant Willowbrook Ford Kia, Inc. to response in opposition to motion #25 Reply in Support of its Motion to Strike Certain Allegations Pursuant to Rule 12(f) (Bossard, Rachel) |
| Filing 27 RESPONSE by Olivia Kuczaty to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kia Motors America, Inc. #20 (Frederick, Calvita) |
| Filing 26 RESPONSE by Olivia Kuczaty to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ford Motor Company #16 (Frederick, Calvita) |
| Filing 25 RESPONSE by Olivia Kuczatyin Opposition to MOTION by Defendant Willowbrook Ford Kia, Inc. to strike complaint, #1 (Certain Allegations Pursuant to Rule 12(f)) #15 (Frederick, Calvita) |
| Filing 24 JURY Demand (Sturino, Denean) |
| Filing 23 ATTORNEY Appearance for Defendant Kia Motors America, Inc. by Denean K. Sturino (Sturino, Denean) |
| Filing 22 NOTICE by Willowbrook Ford Kia, Inc. Disclosure of Corporate Interests (Bossard, Rachel) |
| Filing 21 MEMORANDUM by Kia Motors America, Inc. in support of Motion to Dismiss for Failure to State a Claim #20 (Bradwell, Shane) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Kia Motors America, Inc. (Bradwell, Shane) |
| Filing 19 NOTICE by Ford Motor Company of Disclosure of Corporate Interests (Millman, Timothy) |
| Filing 18 ATTORNEY Appearance for Defendant Kia Motors America, Inc. by Shane Bradwell (Bradwell, Shane) |
| Filing 17 MEMORANDUM by Ford Motor Company in support of Motion to Dismiss for Failure to State a Claim #16 (Millman, Timothy) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ford Motor Company (Millman, Timothy) |
| Filing 15 MOTION by Defendant Willowbrook Ford Kia, Inc. to strike complaint, #1 (Certain Allegations Pursuant to Rule 12(f)) (Bossard, Rachel) |
| Filing 14 ATTORNEY Appearance for Defendant Willowbrook Ford Kia, Inc. by Jay L. Statland (Statland, Jay) |
| Filing 13 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 7/13/2021 and resets it to 11/30/2021 at 9:30 a.m. for ruling on Defendants' motions to dismiss and strike. The Court sets the following briefing schedule: Defendants' motions to dismiss and/or strike are due by 7/12/2021; Plaintiff's responses are due by 8/13/2021; and Defendants' replies are due by 8/27/2021. The Court stays discovery pending ruling on Defendants' motions to dismiss and strike. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 12 ATTORNEY Appearance for Defendant Willowbrook Ford Kia, Inc. by Rachel Edlinger Bossard (Bossard, Rachel) |
| Filing 11 ATTORNEY Appearance for Defendant Ford Motor Company by Curtiss Scott Schreiber (Schreiber, Curtiss) |
| Filing 10 ATTORNEY Appearance for Defendant Ford Motor Company by Mark Howard Boyle (Boyle, Mark) |
| Filing 9 ATTORNEY Appearance for Defendant Ford Motor Company by Karen Kies DeGrand (DeGrand, Karen) |
| Filing 8 ATTORNEY Appearance for Defendant Ford Motor Company by Timothy Scott Millman (Millman, Timothy) |
| Filing 7 WAIVER OF SERVICE returned executed by Olivia Kuczaty. Ford Motor Company waiver sent on 5/11/2021, answer due 7/12/2021. (Frederick, Calvita) |
| Filing 6 STATUS Report Joint Initial Status Report by Willowbrook Ford Kia, Inc. (Bossard, Rachel) |
| Filing 5 WAIVER OF SERVICE returned executed by Kia Motors America, Inc.. Kia Motors America, Inc. waiver sent on 5/11/2021, answer due 7/12/2021. (Sturino, Denean) |
| Filing 4 MINUTE entry before the Honorable Sara L. Ellis: The initial telephonic status conference in this matter is set for 7/13/2021 at 9:30 AM. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' web site and to submit the required Initial Status Report by 7/6/2021. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Olivia Kuczaty by Calvita J. Frederick (Frederick, Calvita) |
| Filing 2 CIVIL Cover Sheet (Frederick, Calvita) |
| CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (mxo, ) |
| Filing 1 COMPLAINT filed by OLIVIA KUCZATY; JURY DEMAND. Filing fee $ 402, receipt number 0752-18234774. (Attachments: #1 Exhibit WILLOWBROOK CHARGE, #2 Exhibit WILLOWBROOK RTS, #3 Exhibit FORD CHARGE AND RTS, #4 Exhibit KIA CHARGE AND RTS)(Frederick, Calvita) |
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