Christion-Hunt v. Ayalytical Instruments, Inc
| Latonya Christion-Hunt |
| Analytical Instruments, Inc, an Illinois Corporation, Juan Jose Ayala, individually, Analytical Instruments, Inc., Juan Jose Ayala and Ayalytical Instruments, Inc. |
| 1:2021cv05391 |
| October 12, 2021 |
| US District Court for the Northern District of Illinois |
| Gabriel A Fuentes |
| John F Kness |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Both |
Docket Report
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This docket was last retrieved on November 10, 2022. A more recent docket listing may be available from PACER.
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| Filing 39 MOTION by Attorney Jamie A. Robinson to withdraw as attorney for Juan Jose Ayala, Ayalytical Instruments, Inc.. No party information provided (Robinson, Jamie) |
| Filing 38 MINUTE entry before the Honorable John F. Kness: Plaintiffs' Unopposed Motion for Stage-One Conditional Certification of FLSA Collective Action and Notice to Members of the Plaintiff Class #37 is granted for the reasons provided in the motion. Mailed notice (ef, ) |
| Filing 37 MOTION by Plaintiff Latonya Christion-Hunt to certify class PLAINTIFFS' UNOPPOSED MOTION FOR STAGE-ONE CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION AND NOTICE TO MEMBERS OF THE PLAINTIFF CLASS (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Engelson, Samuel) |
| Filing 36 AGREED CONFIDENTIALITY Order. Signed by the Honorable Gabriel A. Fuentes on 8/29/2022. (Exhibits). Mailed notice.(jj, ) |
| Filing 35 MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's agreed motion for protective order (doc. #33 ) is granted. Enter Agreed Confidentiality Order. The Court further directs the parties' attention to the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, available on the Court's website, and in particular the section on protective orders. In addition to the language in Paragraph 7 nof the Agreed Confidentiality Order entered today, the parties are advised that motions to seal will not be granted as to discovery documents filed with the Court unless the request complies with the common law of this Circuit. See Bond v. Utreras, 585 F.3d 1061, 1073 (7th Cir. 2009) (noting that public "has a presumptive right to access discovery materials that are filed with the court"); Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 545-46 (7th Cir. 2002) (stating that filed discovery documents "that influence or underpin the judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality... In civil litigation only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of sexual assault) is entitled to be kept secret"); Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."); Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945-46 (7th Cir. 1999) (warning courts not to allow parties "to seal whatever they want" and urging them to apply "a neutral balancing of the relevant interests" in connection with any good-cause determination presented by a motion to seal). Parties moving to seal are directed to review the foregoing case law, and any motion to seal will be taken by the Court as a certification that the movant has read the applicable case law and has ensured that it is making a good-faith argument that the document in question qualifies for sealing under the Seventh Circuit's stringent standards. Mailed notice. (jj, ) |
| Filing 34 MINUTE entry before the Honorable Gabriel A. Fuentes: Upon the Court's review of the parties' joint status report, the 12/15/22 fact discovery cutoff stands, and a further joint status report on discovery and settlement status is due and to be filed by noon on 11/18/22. Mailed notice. (jj, ) |
| Filing 33 MOTION by Defendant Analytical Instruments, Inc. for protective order (unopposed) (Attachments: #1 Model Form Confidentiality Agreement)(Marks, Alexander) |
| Filing 32 STATUS Report Parties' Joint Status Report by Latonya Christion-Hunt (Engelson, Samuel) |
| Filing 31 MINUTE entry before the Honorable Gabriel A. Fuentes: Defendants' motion for protective order (doc. #29 ) has been on sitting the docket for a month without submission, as far as the Court is aware, of a proposed order. The motion is denied without prejudice. Mailed notice. (jj, ) |
| Filing 30 MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's agreed motion for protective order (doc. #29 ) is entered and continued, pending counsel's submission of an appropriate proposed order to the Court's Proposed Order email box. The order as proposed (doc. #29 -1) contains instructional footnotes from the Court's form protective order. Also, the parties are directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes and the Top Ten Ways to Defeat Settlement, both available on the Court's website, and in particular the section in the Standing Order on protective orders and the common law of this Circuit on the sealing of filed discovery materials. See Bond v. Utreras, 585 F.3d 1061, 1073 (7th Cir. 2009) (noting that public "has a presumptive right to access discovery materials that are filed with the court"); Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 545-46 (7th Cir. 2002) (stating that filed discovery documents "that influence or underpin the judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality... In civil litigation only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of sexual assault) is entitled to be kept secret"); Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."); Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945-46 (7th Cir. 1999) (warning courts not to allow parties "to seal whatever they want" and urging them to apply "a neutral balancing of the relevant interests" in connection with any good-cause determination presented by a motion to seal). Mailed notice. (as, ) |
| Filing 29 MOTION by Defendants Juan Jose Ayala, Ayalytical Instruments, Inc. for protective order (unopposed) (Attachments: #1 Exhibit Proposed Form Protective Order)(Marks, Alexander) |
| Filing 28 ATTORNEY Appearance for Defendants Juan Jose Ayala, Ayalytical Instruments, Inc. by Alexander David Marks (Marks, Alexander) |
| Filing 27 MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney #26 is granted. Attorney Geneva Claflin Ramirez is withdrawn as counsel of record. Mailed notice (ef, ) |
| Filing 26 MOTION by Attorney Geneva C. Ramirez to withdraw as attorney for Juan Jose Ayala, Ayalytical Instruments, Inc.. No party information provided (Ramirez, Geneva) |
| Filing 25 MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic status hearing held on discovery scheduling. Official Court Reporter Judy Walsh present. As stated on the record and by agreement, the fact discovery cutoff is set at 12/15/22. No expert discovery schedule is set, as no expert discovery is anticipated. If the parties mutually wish to engage in a settlement conference with the magistrate judge, they may contact the courtroom deputy, Jenny Jauregui, at 312-818-6514, at any time to initiate the scheduling process. The parties are to file a joint written status report by noon on on 8/26/22 on the progress of discovery and the status of settlement. Mailed notice. (jj, ) |
| Filing 24 MINUTE entry before the Honorable Gabriel A. Fuentes: This matter coming before the magistrate judge on referral for discovery supervision and settlement on 4/20/22 (doc. #23 ), the Court orders a telephonic status hearing before the magistrate judge at 10:00 a.m. on 4/27/22 to set a discovery schedule. The Court is presuming that as the parties already held a Rule 26(f) conference, they already have exchanged Rule 26(a)(1) disclosures and written discovery requests, and if not, they can expect to be ordered to do promptly. At the status hearing, the Court would like to now the status of written discovery and whether any depositions have taken place. The Court is inclined to set the fact cutoff at 12/15/22, which the parties earlier suggested somewhat reluctantly (doc. #11 ), but the parties can address that issue as well as whether they know more about whether any expert discovery is anticipated. The call-in number for the hearing is (888) 684-8852 and the access code is 2006804. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, ) |
| Filing 23 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Gabriel A. Fuentes. Signed by Executive Committee on 4/18/22.(gcy, ) |
| Filing 22 ANSWER to amended complaint (Answer and Affirmative Defenses to First Amended Complaint) by Juan Jose Ayala, Ayalytical Instruments, Inc.(Robinson, Jamie) |
| Filing 21 ATTORNEY Appearance for Defendants Juan Jose Ayala, Ayalytical Instruments, Inc. by Christopher E. Kentra (Kentra, Christopher) |
| Filing 20 FIRST AMENDED complaint by Latonya Christion-Hunt against Juan Jose Ayala, Ayalytical Instruments, Inc. and terminating Analytical Instruments, Inc. (an Illinois corporation) (Engelson, Samuel) |
| Filing 19 MINUTE entry before the Honorable John F. Kness: Plaintiff's Unopposed Motion for leave to file First Amended Complaint #18 is granted. The first amended complaint must be filed within 48 hours, as a separate docket entry. Mailed notice (ef, ) |
| Filing 18 MOTION by Plaintiff Latonya Christion-Hunt for leave to file PLAINTIFF'S UNOPPOSED MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT (Attachments: #1 Exhibit A)(Engelson, Samuel) |
| Filing 17 NOTICE by Latonya Christion-Hunt (Attachments: #1 Executed Consent - Pablo D. Gonzalez)(Billhorn, John) |
| Filing 16 MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 1/20/2022. For the reasons stated on the record, this case will be referred to Magistrate Judge Fuentes for supervision of discovery and a settlement conference if and when requested by the parties. Magistrate Judge Fuentes shall have full authority to set and amend (as needed) all case management deadlines. Mailed notice (vcf, ) |
| Filing 15 MINUTE entry before the Honorable John F. Kness: The status hearing set for 1/20/2022 at 10:40 AM is reset for 1/20/2022 at 11:00 AM. TIME CHANGE ONLY. Mailed notice (ef, ) |
| Filing 14 ANSWER to Complaint with Jury Demand by Analytical Instruments, Inc., Juan Jose Ayala(Robinson, Jamie) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Analytical Instruments, Inc. (Robinson, Jamie) |
| Filing 12 MINUTE entry before the Honorable John F. Kness: In view of the extension #10 of the deadline for Defendants to respond to the complaint, the status hearing set for 12/22/2021 is stricken and reset for 1/20/2022 at 10:40 AM; the parties shall use the same call-in information #5 . Mailed notice (ef, ) |
| Filing 11 STATUS Report JOINT INITIAL STATUS REPORT UNDER RULE 26(f) by Latonya Christion-Hunt (Engelson, Samuel) |
| Filing 10 MINUTE entry before the Honorable John F. Kness: Defendants' Unopposed Motion for extension of time #9 is granted. Defendants must answer or otherwise plead to Plaintiff's complaint on or before 1/12/2022. Mailed notice (ef, ) |
| Filing 9 MOTION by Defendants Analytical Instruments, Inc, an Illinois Corporation, Juan Jose Ayala, individually for extension of time to Answer or Otherwise Plead (Robinson, Jamie) |
| Filing 8 ATTORNEY Appearance for Defendants Analytical Instruments, Inc, an Illinois Corporation, Juan Jose Ayala, individually by Jamie A. Robinson (Robinson, Jamie) |
| Filing 7 ATTORNEY Appearance for Defendants Analytical Instruments, Inc, an Illinois Corporation, Juan Jose Ayala, individually by Geneva Claflin Ramirez (Ramirez, Geneva) |
| Filing 6 WAIVER OF SERVICE returned executed by Latonya Christion-Hunt. Analytical Instruments, Inc, an Illinois Corporation waiver sent on 10/12/2021, answer due 12/13/2021; Juan Jose Ayala, individually waiver sent on 10/12/2021, answer due 12/13/2021. (Billhorn, John) |
Filing 5
ORDER signed by the Honorable John F. Kness on 10/21/2021: Telephonic initial status hearing is set for 12/22/2021 at 9:50 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than five business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(ef, )
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| Filing 4 ATTORNEY Appearance for Plaintiff Latonya Christion-Hunt by John William Billhorn (Billhorn, John) |
| Filing 3 ATTORNEY Appearance for Plaintiff Latonya Christion-Hunt by Samuel David Engelson (Engelson, Samuel) |
| Filing 2 CIVIL Cover Sheet (Engelson, Samuel) |
| Filing 1 COMPLAINT LATONYA CHRISTION-HUNT, on behalf of herself and all other plaintiffs similarly situated, known and unknown v. ANALYTICAL INSTRUMENTS, INC, an Illinois Corporation and JUAN JOSE AYALA, individually filed by Latonya Christion-Hunt; Jury Demand. Filing fee $ 402, receipt number 0752-18757476. (Attachments: #1 Consent of Latonya Christion-Hunt)(Engelson, Samuel) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (cm, ) |
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