Fierro v. Transform SR Brands LLC
| Armando Fierro |
| Transform SR Brands LLC and Transform Sears Home Services LLC |
| 1:2021cv02856 |
| May 27, 2021 |
| US District Court for the Northern District of Illinois |
| Sheila M Finnegan |
| John J Tharp |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Both |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 56 MINUTE entry before the Honorable John J. Tharp, Jr:Upon receipt of the parties' notice of voluntary dismissal #55 , and pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), this matter is concluded. All future dates and deadlines are stricken; any pending motions are denied as moot. Civil Case Terminated. Mailed notice (air, ) |
| Filing 55 NOTICE of Voluntary Dismissal by Armando Fierro (Stipulation of Dismissal) (Roberts, Christopher) |
| Filing 54 MINUTE entry before the Honorable John J. Tharp, Jr: The Court has reviewed the plaintiff's status report #52 . A further status report on the same is due 2/3/23 unless a voluntary dismissal is filed before then as the parties anticipate. Mailed notice (air, ) |
| Filing 53 MINUTE entry before the Honorable Sheila M. Finnegan: All matters relating to the referral have been completed so the referral is closed. Mailed notice (sxw) |
| Filing 52 STATUS Report by Armando Fierro (Roberts, Christopher) |
| Filing 51 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 50 MINUTE entry before the Honorable John J. Tharp, Jr:The parties' joint motion to stay class certification briefing #49 is granted. The deadlines in the briefing schedule set forth in the Court's prior order #48 are stricken. Class certification briefing is stayed pending possible settlement. A status report regarding the status of settlement is due 1/6/23, unless a stipulation of dismissal is filed by then. Mailed notice (air, ) |
| Filing 49 MOTION by Plaintiff Armando Fierro to stay Class Certification Briefing Schedule (Jointly Filed) (Roberts, Christopher) |
| Filing 48 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's unopposed motion for extension of time for class certification briefing #47 is granted. The plaintiff's motion is due 12/7/22; response due 1/6/23; reply due 1/20/23. Mailed notice (air, ) |
| Filing 47 MOTION by Plaintiff Armando Fierro for extension of time to file Class Certification Papers for both parties (Unopposed) (Roberts, Christopher) |
| Filing 46 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for extension of time to file motion for class certification #44 and the defendant's response #45 , which the Court construes as a motion for extension, are granted; however, the Court will adjust the proposed extended deadlines to avoid unnecessary proximity to federal holidays. Plaintiff's motion for class certification is due 11/29/22; response due 12/29/22; reply due 1/18/23. Mailed notice (air, ) |
| Filing 45 RESPONSE by Transform SR Brands LLC to MOTION by Plaintiff Armando Fierro for extension of time to File Motion for Class Certification #44 (Caccamo, Matthew) |
| Filing 44 MOTION by Plaintiff Armando Fierro for extension of time to File Motion for Class Certification (Roberts, Christopher) |
| Filing 43 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's unopposed motion to extend the class certification briefing schedule #42 is granted. The motion for class certification is due 11/14/22; response due 12/14/22; reply due 1/6/22. Mailed notice (air, ) |
| Filing 42 MOTION by Plaintiff Armando Fierro for extension of time to file Motion for Class Certification, Opposition and Reply Briefs (Unopposed) (Roberts, Christopher) |
| Filing 41 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 6/30/2022. The parties report they were unable to reach a settlement so are in the process negotiating stipulations that would render a deposition of Defendant's corporate representative unnecessary while also scheduling that deposition. The parties do not anticipate any expert discovery. By 7/6/2022, the parties are to confirm a date for the deposition of the corporate representative and send this to the Court at Chambers_Finnegan@ilnd.uscourts.gov. Due to the travel schedules of counsel, they may depose that witness in early August but no later. Fact discovery is extended solely for the purpose of completing that deposition if necessary. Mailed notice (sxw) |
| Filing 40 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 5/31/2022 and continued to 6/30/2022 at 9:15 a.m. The parties report they are engaged in settlement discussions, so ceased conferring on stipulations that may obviate the need to depose Defendant's corporate representative. The parties' oral request to set deadline of 6/30/2022 to depose the corporate representative (if necessary) is granted. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 39 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 4/28/2022 and continued to 5/31/2022 at 9:15 a.m. The parties report that fact discovery is largely done and they are working on possible stipulations to obviate the need for a Rule 30(b)(6) deposition of Defendant's corporate representative, as well as expert discovery. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 38 AGREED CONFIDENTIALITY Order signed by the Honorable Sheila M. Finnegan on 4/12/2022. Mailed notice (sxw) |
| Filing 37 MINUTE entry before the Honorable Sheila M. Finnegan: Joint Motion for Entry of Agreed Confidentiality Order #35 is granted. Enter Agreed Confidentiality Order. Mailed notice (sxw) |
| Filing 36 MINUTE entry before the Honorable John J. Tharp, Jr: The joint motion for entry of an agreed confidentiality order #35 is referred to the assigned Magistrate Judge as a discovery-related motion. Any disputes as to use of discovery information to contact class members are likewise included within the referral. Mailed notice (air, ) |
| Filing 35 MOTION by Defendant Transform Sears Home Services LLC for protective order Joint Motion For Entry Of Agreed Confidentiality Order (Attachments: #1 Exhibit A Proposed Agreed Confidentiality Order)(Caccamo, Matthew) |
| Filing 34 MINUTE entry before the Honorable Sheila M. Finnegan: No discovery motion being filed on 3/23/2022, the telephone status hearing set on 3/30/2022 is cancelled and reset to 4/28/2022 at 9:15 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw, ) |
| Filing 33 Transform Sears Home Services LLC's ANSWER to amended complaint Answer and Affirmative Defenses to Plaintiff's First Amended Complaint by Transform Sears Home Services LLC (Caccamo, Matthew) |
| Filing 32 First AMENDED complaint by Armando Fierro against Transform SR Brands LLC and terminating Transform SR Brands LLC and substituting Transform Sears Home Services LLC as a Defendant (Roberts, Christopher) |
| Filing 31 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's agreed motion for leave to file the first amended complaint #30 is granted. The plaintiff is directed to file the first amended complaint as a separate docket entry. Mailed notice (air, ) |
| Filing 30 MOTION by Plaintiff Armando Fierro for leave to file a First Amended Complaint (by Consent) (Attachments: #1 Exhibit 1 - First Amended Complaint)(Roberts, Christopher) |
| Filing 29 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 3/1/2022 and continued to 3/30/2022 at 9:15 a.m. The parties report they are engaged in written discovery and have no ESI disputes. Plaintiff will soon be sending Rule 30(b)(6) notice with topics (due 3/2/2022). If any discovery motions are filed (due 3/23/2022), the Court will conduct a hearing on 3/30/2022 at 9:15 a.m. in courtroom 2214. Expert discovery will follow the 5/20/2022 close of fact discovery as follows: Plaintiff's expert disclosures (including reports or summaries) are due 7/1/2022 and these expert(s) to be deposed by 7/29/2022; Defendant's expert disclosures (including reports or summaries) are due 8/19/2022 and these expert(s) to be deposed by 9/16/2022. Subject to the district judge setting a different schedule, Plaintiff shall move for class certification by 10/14/2022. Defendant's opposition brief is due by 11/14/2022, and Plaintiff's reply is due by 11/28/2022. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 28 MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report and proposed schedule. Since the parties have had extensive time to informally exchange discovery, and to ensure they now expeditiously complete formal discovery, the Court sets the following schedule: (1) written discovery to be issued by 2/9/2022; (2) any motion regarding unresolved disputes over ESI search process to be filed by 2/23/2022 and will be heard on 3/1/2022 at 10:45 a.m. (in courtroom 2214); (3) Rule 30(b)(6) notices to be provided by 3/2/2022 (but the notice need not specify a deposition date); (4) motions regarding unresolved disputes over written discovery and Rule 30(b)(6) topics to be filed by 3/23/2022; (5) non-party subpoenas to be served by 4/4/2022; and (6) all fact discovery to be completed by 5/20/2022. Status hearing is set for 3/1/2022 at 10:45 a.m. This will be telephonic unless ESI or other motions are filed and argued in person that day. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 27 STATUS Report Joint Status Report by Transform SR Brands LLC (Caccamo, Matthew) |
| Filing 26 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 1/20/2022. Based on the parties' recent discussions with each other, they are in agreement that a settlement conference at this time would be futile, and the Court agrees. The settlement conference on 2/7/2022 is cancelled. By 1/25/2022, the parties are to file a joint status report, describing discovery that remains to be done (including issuance of any non-party subpoenas), and a proposed schedule. Mailed notice (sxw) |
| Filing 25 MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report. In light of the information in it, the telephone status hearing on 1/10/2022 is reset to 1/20/2022 at 10 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 24 STATUS Report Joint Status Report Before January 10, 2022 Status Hearing by Transform SR Brands LLC (Caccamo, Matthew) |
| Filing 23 MINUTE entry before the Honorable Sheila M. Finnegan: At defendant's request and by agreement, the settlement conference set on 1/24/2022 is cancelled and reset to 2/7/2022 at 2:00 p.m. The parties' joint (or separate) settlement letters exchange date (and forward to Chamber's email) is extended to 1/31/2022. The telephone status set on 1/10/2022 at 10:00 a.m. to remain. Mailed notice (sxw) |
| Filing 22 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 12/13/2021 and continued to 1/10/2022 at 10:00 a.m. The parties report that plaintiff has made a proposal for a class settlement. Defendant requires additional time to respond given the multiple issues involved. By agreement, settlement conference (by videoconference) is set for 1/24/2022 at 2:00 p.m. in the event the parties are unable to reach agreement on all proposed class settlement terms. All participants must be available at 1:30 p.m. that day to receive and open a link to Microsoft Teams and be instructed by the courtroom deputy on how to enable the video, unmute the sound, and navigate between a joint virtual room and separate virtual rooms. By 12/20/2021, the parties are to confirm client availability by email to chambers_finnegan@ilnd.uscourts.gov. The parties' joint (or separate) settlement letters are to be exchanged and forwarded to the above email address by 1/17/2022. The parties are directed to review and comply with Magistrate Judge Finnegan's Standing Order for Settlement Conferences (available on the court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge Finnegan and then the link for "Settlement Conferences"). The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 21 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 11/24/2021 and continued to 12/13/2021 at 10:45 a.m. The parties report progress in exchanging information that may lead to a resolution of case. Stay of formal discovery remains in effect. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 20 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 11/10/2021 and continued to 11/24/2021 at 9:15 a.m. for further update on progress. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 19 MINUTE entry before the Honorable Sheila M. Finnegan: The Court has reviewed the joint status report dated 10/12/2021. By agreement and in the interest of potentially resolving the case or at least narrowing the issues, formal discovery is stayed until the next status hearing. Telephone status is set on 11/10/2021 at 9:15 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 18 STATUS Report on Discovery (Jointly Submitted) by Armando Fierro (Roberts, Christopher) |
| Filing 17 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 8/13/2021. The Court adopts the following agreed discovery schedule: Rule 26(a)(1) disclosures to be exchanged by 8/20/2021; written discovery to be issued by 8/27/2021; non-party subpoenas to be served by 1/20/2022 but earlier if possible; all fact discovery to be completed by 3/31/2022. The Court defers setting other dates at this time. By 10/12/2021, the parties are to file a joint status report regarding discovery progress. Mailed notice (sxw) |
| Filing 16 STATUS Report (jointly filed) by Armando Fierro (Roberts, Christopher) |
| Filing 15 MINUTE entry before the Honorable Sheila M. Finnegan: This case has been referred for discovery supervision and a settlement conference should the parties request one. Initial status hearing (by phone) is set for 8/13/2021 at 10:30 a.m. and will serve as the scheduling conference under Fed. R. Civ. P. 26(f). The parties must confer at least 21 days in advance of the initial hearing/scheduling conference. In lieu of presenting a written report with discovery plan at the initial hearing, the parties are to file a joint status report by 8/10/2021 with the following information: (a) the major legal and factual issues in the case; (b) the relief sought by the plaintiff; (c) the type of discovery needed; (d) a proposed discovery schedule, including: (1) date for Rule 26(a)(1) disclosures; (2) date to issue the first-set of written discovery requests; (3) date to serve non-party subpoenas, if any; (4) fact discovery completion date; (5) if there will be expert discovery, an expert discovery completion date, including dates for the delivery of expert reports (or summaries for non-retained expert testimony); and (6) whether the parties have had settlement discussions, and would like to schedule a settlement conference. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw) |
| Filing 14 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to: discovery scheduling, supervision and any settlement conference.(air, )Mailed notice. |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr: This case is referred to the assigned Magistrate Judge for discovery scheduling and supervision as well as any settlement conference the parties may wish to pursue. Mailed notice (air, ) |
| Filing 12 Defendant's ANSWER to Complaint by Transform SR Brands LLC(Caccamo, Matthew) |
| Filing 11 ATTORNEY Appearance for Plaintiff Armando Fierro by Catherine P. Sons (Sons, Catherine) |
| Filing 10 ATTORNEY Appearance for Plaintiff Armando Fierro by James X. Bormes (Bormes, James) |
| Filing 9 ATTORNEY Appearance for Plaintiff Armando Fierro by David T Butsch (Butsch, David) |
| Filing 8 ATTORNEY Appearance for Plaintiff Armando Fierro by Christopher Elisha Roberts (Roberts, Christopher) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's Unopposed Motion for Extension of Time to File Responsive Pleading #5 is granted. The answer or other response is due on 7/1/21. Mailed notice (air, ) |
| Filing 6 MAILED Notice of Removal letter to counsel of record. (mc, ) |
| Filing 5 MOTION by Defendant Transform SR Brands LLC for extension of time Unopposed First Extension of Time to File Responsive Pleading (Caccamo, Matthew) |
| Filing 4 ATTORNEY Appearance for Defendant Transform SR Brands LLC by Matthew J Caccamo (Caccamo, Matthew) |
| Filing 3 ATTORNEY Appearance for Defendant Transform SR Brands LLC by John Sheldon Letchinger (Letchinger, John) |
| Filing 2 CIVIL Cover Sheet (Letchinger, John) |
| Filing 1 NOTICE of Removal from Cook County, case number (2021 CH 01649) filed by Transform SR Brands LLC Filing fee $ 402, receipt number 0752-18292967. (Attachments: #1 Exhibit A)(Letchinger, John) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (crl, ) |
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