Thomas v. Todoroki Hibachi & Sushi, Inc. et al
| Susan Thomas |
| Todoroki Hibachi & Sushi, Inc., Todoroki of Evanston, LLC and Jiantai Zhang |
| 1:2021cv04339 |
| August 13, 2021 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| P.I.: Other |
| 28 U.S.C. § 1446 |
| Defendant |
Docket Report
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This docket was last retrieved on September 17, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 REPLY by Plaintiff Susan Thomas to motion for entry of default #8 (Cohen, Michael) |
| Filing 14 RESPONSE by Todoroki Hibachi & Sushi, Inc., Todoroki of Evanston, LLC, Jiantai Zhangin Opposition to MOTION by Plaintiff Susan Thomas for entry of default (Amended) #8 (Attachments: #1 Notice of Filing Notice of Filing)(Massin, Kimberlee) |
| Filing 13 MINUTE entry before the Honorable Virginia M. Kendall. Teleconference Motion hearing held on 8/31/2021. Oral argument heard regarding Plaintiff's Motion for Default #8 and Defendants' Motion for extension of time to file answer #9 . Response to Motion for Default #8 shall be filed by 9/10/2021; Reply due by 9/17/2021. Teleconference Status hearing set for 10/12/2021 at 9:00 AM. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) |
| Filing 12 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 9/1/2021 regarding Defendants' Motion for extension of time to file answer #9 is reset for 8/31/2021 at 9:00 AM and will proceed via Teleconference. Motion hearing set for 9/1/2021 is stricken. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) |
| Filing 11 RESPONSE by Susan Thomasin Opposition to MOTION by Defendants Todoroki Hibachi & Sushi, Inc., Todoroki of Evanston, LLC, Jiantai Zhang for extension of time to file answer #9 (Cohen, Michael) |
| Filing 10 NOTICE of Motion by Kimberlee Massin for presentment of motion for extension of time to file answer #9 before Honorable Virginia M. Kendall on 9/1/2021 at 09:00 AM. (Massin, Kimberlee) |
| Filing 9 MOTION by Defendants Todoroki Hibachi & Sushi, Inc., Todoroki of Evanston, LLC, Jiantai Zhang for extension of time to file answer (Massin, Kimberlee) |
| Filing 8 MOTION by Plaintiff Susan Thomas for entry of default (Amended) (Cohen, Michael) |
| Filing 7 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff filed the instant action in state court. Defendants timely removed the action to federal court within the 30 days of receipt of the complaint. Defendants had not yet answered the complaint before it was removed on 8/13/21. Plaintiff now moves for default judgment because the Defendants have not filed an answer in a timely fashion. Federal Rule of Civil Procedure 81(c) provides, in pertinent part:These rules apply to civil actions removed to the United States district courts from the state courts and govern procedure after removal. Repleading is not necessary unless the court so orders. In a removed action in which the defendant has not answered, the defendant shall answer or present the other defenses or objections available under these rules within 20 days after the receipt through service or otherwise of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based, or within 20 days after the service of summons upon such initial pleading, then filed, or within 5 days after the filing of the petition for removal, whichever period is longest. Fed.R.Civ.P. 81(c). It appears on the docket that the latest period would be five days after removal which was 8/18/21. Because the rule requires not only the receipt of the complaint but also the summons being served, the Court will address the issue at the motion hearing and the parties should be prepared to provide the Court with the necessary information showing when the Amended Complaint and summons was served. Mailed notice (lk, ) |
| Filing 6 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 8/30/2021 is reset for 8/31/2021 at 9:00 AM which will proceed via Teleconference. Prior to the conference call, you are directed to click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900. Once you are on Judge Kendall's teleconference page, you are directed to join the conference as A GUEST. It is imperative that you ENTER YOUR NAME and click on the CALL ME option. Fill in your phone number (no hypens) and NAME. You are directed to use the CALL ME option because your name will appear for the Judge and the Court Reporter and they will better be able to discern who is speaking. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, you are directed to mute your phone until your case is called. In spite of using the CALL ME option please also remember to SAY YOUR NAME EACH TIME YOU SPEAK so that the record of the proceedings is accurate. You are directed not to use the speaker phone function and to test the sound quality of your listening and speaking device in advance. If you experience an issue being heard or hearing, please log off and either call in or log back in.The Court prefers that you use the procedure that requires that the system calls your phone and you enter your name so that the Court and the Court reporter can see who is speaking during the hearing. Mailed notice (lk, ) |
| Filing 5 NOTICE of Motion by Michael B. Cohen for presentment of motion for entry of default #4 before Honorable Virginia M. Kendall on 8/30/2021 at 09:00 AM. (Cohen, Michael) |
| Filing 4 MOTION by Plaintiff Susan Thomas for entry of default (Cohen, Michael) |
| Filing 3 MAILED Notice of Removal letter to counsel of record. (kl, ) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (lxk, ) |
| Filing 2 ATTORNEY Appearance for Defendants Todoroki Hibachi & Sushi, Inc., Todoroki of Evanston, LLC, Jiantai Zhang by Kimberlee Massin (Massin, Kimberlee) |
| Filing 1 NOTICE of Removal filed by Todoroki Hibachi & Sushi, Inc., Todoroki of Evanston, LLC, Jiantai Zhang Filing fee $ 402, receipt number 0752-18565756. (Attachments: #1 Civil Cover Sheet)(Massin, Kimberlee) |
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