Jones et al v. Lemonade Inc.
| Ebony Jones, Marla Walker, Alexander Clarke, Kyle Swerdlow, Ryann Webb, Milton Citchens and Andrew Garcia |
| Lemonade Inc., Lemonade Ltd., Lemonade Insurance Company, Lemonade Insurance Agency, LLC and Lemonade Life Insurance Agency, LLC |
| 1:2021cv04513 |
| August 24, 2021 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Defendant |
Docket Report
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| Filing 31 MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the notice of voluntary dismissal #30 , this case is dismissed without prejudice. Defendant's motion to dismiss #29 is moot. Any pending deadlines are stricken. Civil case terminated. Mailed notice (gel, ) |
| Filing 30 NOTICE of Voluntary Dismissal by All Plaintiffs Without Prejudice (Klinger, Gary) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Lemonade Inc., Lemonade Insurance Agency, LLC, Lemonade Insurance Company, Lemonade Life Insurance Agency, LLC, Lemonade Ltd. and Memorandum in Support of Motion (Lenz, Amy) |
| Filing 28 MINUTE entry before the Honorable John Robert Blakey: Defendant's unopposed motion for leave to file excess pages #27 is granted and defendant may file up to 13 additional pages. Mailed notice (gel, ) |
| Filing 27 MOTION by Defendant Lemonade Inc. for leave to file excess pages Defendants' Unopposed Motion for Leave to File Oversized Memorandum of Law in Support of Their Motion to Dismiss Plaintiffs' Complaint (Lenz, Amy) |
| Filing 26 MINUTE entry before the Honorable John Robert Blakey: Based upon the representations in the parties' 2/10/22 status report #25 , the Court hereby lifts the stay imposed 10/14/21, see #24 , and sets case management dates as follows: Defendants shall respond to the consolidated amended complaint #20 by 3/14/22; if, as expected Defendants move to dismiss, Plaintiffs' shall respond to the motion by 4/13/22, and Defendants shall file any reply by 4/27/22; additionally, the parties shall exchange Rule 26(a)(1) disclosures by 3/14/22 and issue written discovery by 4/15/22. The Court will set additional case management dates in a future order but generally advises the parties that the filing of a motion to dismiss will not stay discovery. If at any time the parties agree that a settlement conference with the assigned Magistrate Judge could be helpful, they should call chambers to so advise, and the Court will enter an appropriate referral order. Mailed notice (gel, ) |
| Filing 25 STATUS Report Joint Status Report by Milton Citchens, Alexander Clarke, Andrew Garcia, Ebony Jones, Kyle Swerdlow, Marla Walker, Ryann Webb (Klinger, Gary) |
| Filing 24 MINUTE entry before the Honorable John Robert Blakey: The Court grants the parties' motion to stay #21 , and hereby stays this case until 2/15/22 to allow the parties to pursue private mediation. The parties shall file an updated status report by 2/10/22 concerning the status of their settlement efforts; if the case has not resolved, they should propose reasonable case management dates, including a deadline for Defendant's responsive pleading. The 10/21/21 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 23 ATTORNEY Appearance for Plaintiffs Milton Citchens, Alexander Clarke, Andrew Garcia, Ebony Jones, Kyle Swerdlow, Marla Walker, Ryann Webb by Joseph P Guglielmo (Guglielmo, Joseph) |
| Filing 22 NOTICE of Motion by Gary M. Klinger for presentment of motion to stay #21 before Honorable John Robert Blakey on 10/21/2021 at 11:00 AM. (Klinger, Gary) |
| Filing 21 MOTION by Plaintiffs Milton Citchens, Alexander Clarke, Andrew Garcia, Ebony Jones, Kyle Swerdlow, Marla Walker, Ryann Webb to stay Proceedings (Joint) (Klinger, Gary) |
| Filing 20 Consolidated AMENDED complaint by Marla Walker, Ebony Jones, Alexander Clarke, Kyle Swerdlow, Ryann Webb, Milton Citchens, Andrew Garcia against Lemonade Inc., Lemonade Ltd., Lemonade Insurance Company, Lemonade Insurance Agency, LLC, Lemonade Life Insurance Agency, LLC (Klinger, Gary) |
| Filing 19 STATUS Report Joint Initial Status Report by Ebony Jones, Marla Walker (Klinger, Gary) |
| Filing 18 MINUTE entry before the Honorable John Robert Blakey: Plaintiff Jones sued Defendant Lemonade in state court for violation of the Illinois Biometric Information Privacy Act; Defendant removed and now asks the Court to reassign certain other cases (Case Nos. 21-cv-4525, 21-cv-4517, and 21-4522) as related, see #12 . Plaintiff Jones, joined by the Plaintiffs in the other cases, also moved to consolidate the actions, see #15 , and the Plaintiffs also ask the Court to set case management dates and to enter an order consistent with the Circuit Court's order appointing interim class counsel. #15 . Defendant does not oppose Plaintiffs' motion, and the Court finds that these cases satisfy the requirements for reassignment based upon relatedness and for consolidation: they involve common issues of fact and law, arise out of the same transactions or occurrences, and involve the same class; all cases, recently filed, are pending in this Court and susceptible to disposition in a single proceeding, and having a single judge preside over them will save substantial time and effort. See L.R. 40.4, Fed. R. Civ. P. 42(a). Accordingly, in consultation with Judges Ellis (Case No. 21-cv-4517), Dow (Case No. 21-cv-4522), and Chang (Case. No. 21-cv-4525), this Court grants the parties' motions #12 , #15 , and refers these cases to the Executive Committee for reassignment so that they may be consolidated in this Court. Additionally, consistent with the state court order [15-2], this Court grants Plaintiffs' unopposed motion to appoint interim class counsel and hereby appoints Gary Klinger of Mason Lietz & Klinger LLP, Katrina Carroll of Carlson Lynch, LLP, and Joseph Guglielmo of Scott & Scott at Law LLP to serve as Interim Co-Lead Counsel; and appoints Frederick Klorczyk of Bursor & Fisher PA and Jonathan Jagher of Freed Kanner London & Millen LLC to the Plaintiffs' Executive Committee. Interim Co-Lead Counsel, in consultation with the Plaintiffs' Executive Committee, shall have the sole responsibility for and authority over the following matters on behalf of all Plaintiffs in this action: (a) to determine and present (in briefs, oral argument, or such other fashion as may be appropriate, personally or by a designee) to the Court and opposing parties the position of Plaintiffs and putative class members on all matters arising during pretrial proceedings; (b) to coordinate the initiation and conduct of discovery on behalf of Plaintiffs and putative class members, including the preparation of joint interrogatories and requests for production of documents and the examination of witnesses in depositions; (c) to conduct settlement negotiations on behalf of Plaintiffs and putative class members and, where appropriate, to present any proposed settlements to the Court on behalf of putative class members; (d) to delegate specific tasks to other counsel or committees of counsel, as authorized by the Court, in a manner designed to ensure that pretrial preparation for Plaintiffs and the putative class is conducted efficiently and effectively; (e) to enter into stipulations with opposing counsel as necessary for the efficient conduct of the litigation; (f) to maintain adequate time and disbursement records covering services as Interim Class Counsel; (g) to monitor the activities of any other law firms that might seek to represent putative class members to ensure that schedules are met and unnecessary expenditures of time and funds are avoided; and (h) to perform such other duties as may be incidental to the proper prosecution and coordination of pretrial activities on behalf of Plaintiffs and the putative class or authorized by further order of this Court. The parties shall file a joint status report by 9/30/21 using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. The 9/9/21 Notice of Motion date is stricken. Mailed notice (gel, ) |
| Filing 17 Lemonade, Inc.'s Notice of Motion for Local Rule 40.4 Motion for Reassignment of Case NOTICE of Motion by Bonnie Keane DelGobbo for presentment of motion to reassign case #12 before Honorable John Robert Blakey on 9/9/2021 at 11:00 AM. (DelGobbo, Bonnie) |
| Filing 16 Notice of Motion for presentment of Plaintiffs' (i) Unopposed Motion to Consolidate Actions and Set Scheduling Deadlines; and (ii) Motion to Enter Order Consistent with the Circuit Court's Prior Order Appointing Interim Class Counsel NOTICE of Motion by Gary M. Klinger for presentment of motion to consolidate cases, #15 before Honorable John Robert Blakey on 9/9/2021 at 11:00 AM. (Klinger, Gary) |
| Filing 15 MOTION by Plaintiffs Ebony Jones, Marla Walker to consolidate cases and Set Scheduling Deadlines; and (ii) Motion to Enter Order Consistent with the Circuit Court's Prior Order Appointing Interim Class Counsel (Unopposed) (Attachments: #1 Exhibit A, #2 Exhibit B)(Klinger, Gary) |
| Filing 14 ATTORNEY Appearance for Plaintiffs Ebony Jones, Marla Walker by Jonathan Marc Jagher (Jagher, Jonathan) |
| Filing 13 MAILED Notice of Removal letter to counsel of record. (aee, ) Modified on 8/26/2021 (aee, ). |
| Filing 12 MOTION by Defendant Lemonade Inc. to reassign case (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Lenz, Amy) |
| Filing 11 ATTORNEY Appearance for Defendant Lemonade Inc. by Joel Griswold (Griswold, Joel) |
| Filing 10 ATTORNEY Appearance for Defendant Lemonade Inc. by Bonnie Keane DelGobbo (DelGobbo, Bonnie) |
| Filing 9 ATTORNEY Appearance for Defendant Lemonade Inc. by Amy Lynn Lenz Amended Joel Griswold Appearance (Lenz, Amy) |
| Filing 8 ATTORNEY Appearance for Defendant Lemonade Inc. by Amy Lynn Lenz Amended Bonnie DelGobbo Appearance (Lenz, Amy) |
| Filing 7 ATTORNEY Appearance for Defendant Lemonade Inc. by Amy Lynn Lenz Joel Griswold Appearance (Lenz, Amy) |
| Filing 6 ATTORNEY Appearance for Defendant Lemonade Inc. by Amy Lynn Lenz Bonnie DelGobbo Appearance (Lenz, Amy) |
| Filing 5 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 10/8/2021, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lemonade Inc. (Lenz, Amy) |
| Filing 3 CIVIL Cover Sheet (Lenz, Amy) |
| Filing 2 NOTICE of Removal from Circuit Court of Cook County, case number (2021 CH 03460) filed by Lemonade Inc. Filing fee $ 402, receipt number 0752-18598052. (Attachments: #1 Exhibit 1)(Lenz, Amy) |
| Filing 1 ATTORNEY Appearance for Defendant Lemonade Inc. by Amy Lynn Lenz (Lenz, Amy) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (mxo, ) |
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