Poulos et al v. Cinemark USA Inc. et al
| Michael Poulos and Suzanne Poulos |
| Cinemark USA Inc., Cinemark Holdings, Inc, Cinemark Leasing Company and Century Theatres, Inc. |
| 1:2021cv04556 |
| August 25, 2021 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cummings |
| John J Tharp |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 37 MINUTE entry before the Honorable John J. Tharp, Jr: On the court's own motion, the telephonic hearing regarding defendants' motions to dismiss #29 #31 #33 is rescheduled for 10/29/21 at 11:15 AM. Directions for counsel and the parties for participating in the telephonic hearing will be provided by email prior to the hearing. Counsel are instructed to use those directions, which require logging into the call via a web site. Members of the public and media who wish to listen to this hearing may call in to the hearing by dialing 877-848-7030 and, upon prompting, entering the access code: 5784864. Persons granted remote access to proceedings are reminded that this is a court proceeding and should be treated as such; phones should be muted at all times unless you are authorized to participate in the hearing. In addition, the general prohibition against photographing, recording, and rebroadcasting of court proceedings applies. 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 (air, ) |
| Filing 36 MINUTE entry before the Honorable Jeffrey Cummings: The 10/7/21 notice of motion hearing date inadvertently filed before Judge Cummings is stricken. Mailed notice (lp, ) |
| Filing 35 MINUTE entry before the Honorable John J. Tharp, Jr:. A telephonic hearing regarding defendants' motions to dismiss #29 #31 #33 is scheduled for 10/15/21 at 9:15 AM. Directions for counsel and the parties for participating in the telephonic hearing will be provided by email prior to the hearing. Counsel are instructed to use those directions, which require logging into the call via a web site. Members of the public and media who wish to listen to this hearing may call in to the hearing by dialing 877-848-7030 and, upon prompting, entering the access code: 5784864. Persons granted remote access to proceedings are reminded that this is a court proceeding and should be treated as such; phones should be muted at all times unless you are authorized to participate in the hearing. In addition, the general prohibition against photographing, recording, and rebroadcasting of court proceedings applies. 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 (air, ) |
| Filing 34 NOTICE of Motion by Paul William Pasche for presentment of Motion to Dismiss for Failure to State a Claim #33 before Honorable Jeffrey Cummings on 10/7/2021 at 10:00 AM. (Pasche, Paul) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Cinemark USA Inc. (Attachments: #1 Exhibit Affidavit of Michael Cavalier)(Pasche, Paul) |
| Filing 32 NOTICE of Motion by Paul William Pasche for presentment of Motion to Dismiss for Failure to State a Claim #31 before Honorable Jeffrey Cummings on 10/7/2021 at 10:00 AM. (Pasche, Paul) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Cinemark Holdings, Inc (Attachments: #1 Affidavit Affidavit of Michael Cavalier)(Pasche, Paul) |
| Filing 30 NOTICE of Motion by Paul William Pasche for presentment of Motion to Dismiss for Failure to State a Claim,, motion to dismiss/lack of jurisdiction, #29 before Honorable Jeffrey Cummings on 10/7/2021 at 10:00 AM. (Pasche, Paul) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Cinemark Leasing Company , MOTION by Defendant Cinemark Leasing Company to dismiss for lack of jurisdiction (Attachments: #1 Exhibit Affidavit of Paul W. Pasche, #2 Exhibit Certificate of Merger)(Pasche, Paul) |
| Filing 28 REPLY by Plaintiffs Michael Poulos, Suzanne Poulos to Defendant Century Theatres, Inc.'s Affirmative Defenses to Plaintiffs' Amended Complaint at Law (Attachments: #1 Notice of Filing Notice of Filing)(Brown, Mark) |
| Filing 27 MINUTE entry before the Honorable Jeffrey Cummings: This case has been referred for discovery supervision and settlement. The Court will enter further orders after the Cinemark defendants have answered or otherwise pled in response to plaintiff's complaint. Mailed notice (lp, ) |
| Filing 26 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: discovery scheduling, supervision and any settlement conference.(air, )Mailed notice. |
| Filing 25 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the defendants' jurisdictional supplement #23 , the Court is satisfied that, notwithstanding the removal notice's aggregation of damages claimed by the two plaintiffs, the amount in controversy as to Michael Poulos individually is greater than $75,000 and that the Court therefore has jurisdiction over Mr. Poulos's claim under 28 U.S.C. 1332. The Court may therefore exercise supplemental jurisdiction over the claims of plaintiff Suzanne Poulos under 28 U.S.C. 1367. See Exxon Mobil Corp. v. Allapattah Servs., Inc., 545 U.S. 546, 559 (2005); Oshana v. Coca-Cola Co., 472 F.3d 506, 511 (7th Cir. 2006). This matter is referred to the assigned Magistrate Judge for all discovery scheduling and supervision, as well as for any settlement conference the parties may jointly request. Mailed notice (air, ) |
| Filing 24 NOTICE by All Defendants re supplement #23 Supplemental Memorandum to Notice of Removal Addressing the Issue of Diversity Jurisdiction (Pasche, Paul) |
| Filing 23 SUPPLEMENT to notice of removal, #1 Supplemental Memorandum to Notice of Removal Addressing the Issue of Diversity Jurisdiction (Pasche, Paul) |
| Filing 22 ATTORNEY Appearance for Plaintiffs Michael Poulos, Suzanne Poulos by Kellie Jean Snyder (Snyder, Kellie) |
| Filing 21 ATTORNEY Appearance for Plaintiffs Michael Poulos, Suzanne Poulos by Mark A Brown (Brown, Mark) |
| Filing 20 MINUTE entry before the Honorable John J. Tharp, Jr:In the notice of removal, the plaintiffs asserts that this court has jurisdiction pursuant to 28 U.S.C. 1332, but the amount in controversy requirement is not satisfied. The plaintiffs allege $50,000 in damages as to each plaintiff for a total "in excess of $100,000." The damages of multiple plaintiffs cannot be aggregated to satisfy the amount in controversy requirement. See, e.g., Travelers Property Cas. v. Good, 689 F.3d 714, 717-18 (7th Cir. 2012). Accordingly, defendants are directed to supplement their diversity allegations by 9/16/2021 or this case will be remanded to state court. The motions for extensions at #9 and #12 are granted. Mailed notice (air, ) |
| Filing 19 NOTICE by Century Theatres, Inc. re answer to complaint #8 (Amended Notice of Filing) (Pasche, Paul) |
| Filing 18 NOTICE by All Defendants re notification of affiliates pursuant to local rule 3.2 #16 , notification of affiliates pursuant to local rule 3.2 #14 , notification of affiliates pursuant to local rule 3.2 #17 , notification of affiliates pursuant to local rule 3.2 #15 (Pasche, Paul) |
| Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cinemark Leasing Company (Pasche, Paul) |
| Filing 16 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cinemark Holdings, Inc (Pasche, Paul) |
| Filing 15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cinemark USA Inc. (Pasche, Paul) |
| Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Century Theatres, Inc. (Pasche, Paul) |
| Filing 13 NOTICE of Motion by Paul William Pasche for presentment of motion for extension of time to file, #12 before Honorable Jeffrey Cummings on 9/7/2021 at 10:00 AM. (Pasche, Paul) |
| Filing 12 MOTION by Defendants Century Theatres, Inc., Cinemark Holdings, Inc, Cinemark Leasing Company, Cinemark USA Inc. for extension of time to file Notifications as to Affiliates (Attachments: #1 Exhibit Affidavit of John J. O'Connor)(Pasche, Paul) |
| Filing 11 EXHIBIT by Defendants Cinemark Holdings, Inc, Cinemark Leasing Company, Cinemark USA Inc. regarding MOTION by Defendants Cinemark Holdings, Inc, Cinemark Leasing Company, Cinemark USA Inc. for extension of time to file answer or otherwise plead #9 (Pasche, Paul) |
| Filing 10 NOTICE of Motion by Paul William Pasche for presentment of motion for extension of time to file answer #9 before Honorable Jeffrey Cummings on 9/7/2021 at 10:00 AM. (Pasche, Paul) |
| Filing 9 MOTION by Defendants Cinemark Holdings, Inc, Cinemark Leasing Company, Cinemark USA Inc. for extension of time to file answer or otherwise plead (Pasche, Paul) |
| Filing 8 ANSWER to Complaint with Jury Demand by Century Theatres, Inc. (Attachments: #1 Notice of Filing Answer and Affirmative Defenses)(Pasche, Paul) |
| Filing 7 MAILED Notice of Removal letter to counsel of record (jn, ) |
| Filing 6 ATTORNEY Appearance for Defendants Century Theatres, Inc., Cinemark Holdings, Inc, Cinemark Leasing Company, Cinemark USA Inc. by John Joseph OConnor (OConnor, John) |
| Filing 5 ATTORNEY Appearance for Defendants Century Theatres, Inc., Cinemark Holdings, Inc, Cinemark Leasing Company, Cinemark USA Inc. by Paul William Pasche (Pasche, Paul) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (jmk, ) |
| Filing 4 CERTIFICATE of Service by Defendants Century Theatres, Inc., Cinemark Holdings, Inc, Cinemark Leasing Company, Cinemark USA Inc. regarding notice of removal, #1 (Poplin, Torrie) |
| Filing 3 ATTORNEY Appearance for Defendants Century Theatres, Inc., Cinemark Holdings, Inc, Cinemark Leasing Company, Cinemark USA Inc. by Torrie Nicole Poplin (Poplin, Torrie) |
| Filing 2 CIVIL Cover Sheet (Poplin, Torrie) |
| Filing 1 NOTICE of Removal from Cook County Circuit Court, case number (2021L003622) filed by Century Theatres, Inc. Filing fee $ 402, receipt number 0752-18603506. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Poplin, Torrie) |
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