Harvey v. Resurrection University
Plaintiff: Brittney Harvey
Defendant: Resurrection University
Case Number: 1:2021cv03203
Filed: June 15, 2021
Court: US District Court for the Northern District of Illinois
Presiding Judge: Mary M Rowland
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2021 Opinion or Order Filing 19 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's agreed motion for extension of time #18 is granted. Plaintiff's response is due 9/15/21. Defendant's reply due 10/13/21. The court will rule by mail. Mailed notice. (dm, )
August 12, 2021 Opinion or Order Filing 18 MOTION by Plaintiff Brittney Harvey for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim #15 (Murphy, Brian)
July 19, 2021 Opinion or Order Filing 17 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's response to Defendant's motion to dismiss #15 is due 8/16/21. Defendant's reply due 9/13/21. The court will rule by mail. Mailed notice. (dm, )
July 15, 2021 Opinion or Order Filing 16 MEMORANDUM by Resurrection University in support of Motion to Dismiss for Failure to State a Claim #15 (Attachments: #1 Exhibit A (Doe v. Elmhurst University Order), #2 Exhibit B (Doe v. Elmhurst University transcript), #3 Exhibit C (Dept. of Education FSA program participants list), #4 Exhibit D (Dept. of Education FSA Handbook excerpts, part 1), #5 Exhibit E (Dept. of Education FSA Handbook excerpts, part 2), #6 Exhibit F (Resurrection University PPA with Dept. of Education))(Hayes, Michael)
July 15, 2021 Opinion or Order Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Resurrection University (Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint) (Hayes, Michael)
July 14, 2021 Opinion or Order Filing 14 ATTORNEY Appearance for Plaintiff Brittney Harvey by Mary C. Turke (Turke, Mary)
July 14, 2021 Opinion or Order Filing 13 ATTORNEY Appearance for Plaintiff Brittney Harvey by Samuel J. Strauss (Strauss, Samuel)
July 12, 2021 Opinion or Order Filing 12 MINUTE entry before the Honorable Mary M. Rowland: Defendant has complied with the Court's order, (Dkt. 10), requiring a jurisdictional supplement. Defendant has established, (Dkt. 11), at least for removal purposes, that this Court has subject matter jurisdiction. Joint initial status report remains due 8/30/2021. Mailed notice. (dm, )
July 8, 2021 Opinion or Order Filing 11 SUPPLEMENT to text entry,,,, #10 (Defendant's Jurisdictional Supplement) (Attachments: #1 Exhibit A (DOE listing of participating Illinois Federal Student Aid institutions), #2 Exhibit B (Resurrection University's PPA with DOE))(Hayes, Michael)
June 22, 2021 Opinion or Order Filing 10 MINUTE entry before the Honorable Mary M. Rowland: In light of Defendant's invocation of CAFA minimal diversity jurisdiction as the basis for removal, on or before 7/9/2021, Defendant shall file a jurisdictional supplement, as a separate docket entry. In the notice of removal (Dkt. 1) Defendant alleges that "there are many Resurrection students who are citizens of states other than Illinois who fall within the First Amended Complaint's class definition." This allegation of minimal diversity is insufficient under Dancel v. Groupon, Inc., 940 F.3d 381, 385 (7th Cir. 2019) (Defendant's allegation that "some 'undetermined number' of class members are 'non-Illinois and non-Delaware citizens'" was an impermissible "allegation of negative citizenship" that "fail[ed] to satisfy the minimal diversity requirement" of CAFA). Moreover, the Defendant has not sufficiently alleged that this Court has federal question jurisdiction, because it has not pled that it is a "financial institution" under the Gramm-Leach-Bliley Act (GLBA). If Defendant fails to file the jurisdictional supplement as directed, the case may be remanded to state court. Mailed notice. (dm, )
June 21, 2021 Opinion or Order Filing 9 MAILED Notice of Removal Letter to Plaintiff's Counsel, Brian Kevin Murphy and Jonathan Patrick Misny. (jh, )
June 17, 2021 Opinion or Order Filing 8 MINUTE entry before the Honorable Mary M. Rowland: Defendant's agreed motion for pleading extension #7 is granted. Defendant shall file responsive pleading by 7/15/21. On or before 8/30/21, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (dm, )
June 16, 2021 Opinion or Order Filing 7 MOTION by Defendant Resurrection University for extension of time (Defendant's AGREED Motion for Pleading Extension) (Hayes, Michael)
June 15, 2021 Opinion or Order Filing 6 ATTORNEY Appearance for Plaintiff Brittney Harvey by Jonathan Patrick Misny (Misny, Jonathan)
June 15, 2021 Opinion or Order Filing 5 ATTORNEY Appearance for Plaintiff Brittney Harvey by Brian Kevin Murphy (Murphy, Brian)
June 15, 2021 Opinion or Order Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Resurrection University (Hayes, Michael)
June 15, 2021 Opinion or Order Filing 3 ATTORNEY Appearance for Defendant Resurrection University by Michael D Hayes (Hayes, Michael)
June 15, 2021 Opinion or Order Filing 2 CIVIL Cover Sheet (Hayes, Michael)
June 15, 2021 Opinion or Order Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, County Department, Chancery Division, case number (2021CH01910) filed by Resurrection University Filing fee $ 402, receipt number 0752-18354561. (Attachments: #1 Exhibit 1 - First Amended Class Action Complaint and Summons)(Hayes, Michael)
June 15, 2021 Opinion or Order CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (dxb, )

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Plaintiff: Brittney Harvey
Represented By: Jonathan Patrick Misny
Represented By: Brian Kevin Murphy
Represented By: Mary C. Turke
Represented By: Samuel J. Strauss
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Defendant: Resurrection University
Represented By: Michael D Hayes
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