Kendziora v. Highland Park CVS, L.L.C. et al
| Judith Kendziora |
| Highland Park CVS, L.L.C., CVS Pharmacy, Inc., Streamwood CVS, L.L.C., CVS Pharmacy Limited of Illinois Inc., Lockport CVS, L.L.C., Bruno Trust Agreement Dated July 14, 1987 and SCP 2004E-038 LLC |
| 1:2021cv06936 |
| December 31, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 23 Bruno Trust Agreement Dated July 14, 1987's ANSWER to Complaint with Jury Demand by Bruno Trust Agreement Dated July 14, 1987(Lothson, Benjamin) |
| Filing 22 ATTORNEY Appearance for Defendant Bruno Trust Agreement Dated July 14, 1987 by Benjamin Lothson (Lothson, Benjamin) |
| Filing 21 AGREED CONFIDENTIALITY ORDER Signed by the Honorable Edmond E. Chang on 03/28/2022. Emailed notice (mw, ) |
| Filing 20 MINUTE entry before the Honorable Edmond E. Chang: Joint motion for entry of protective order #19 is granted. Emailed notice (mw, ) |
| Filing 19 MOTION by Plaintiff Judith Kendziora for protective order (Attachments: #1 Text of Proposed Order)(Ibarra, Jonathan) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the stipulated voluntary dismissal #17 , under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the case is dismissed with prejudice as to Defendants CVS Pharmacy, Inc.; Streamwood CVS, LLC; CVS Pharmacy Limited of Illinois, Inc.; Lockport CVS, LLC; and SCP 2004E-038 LLC. The case remains pending as to Defendants Highland Park CVS, LLC and Bruno Trust Agreement Dated 07/14/1987. All dates previously set in the 03/01/2022 minute entry, R. 16, remain unchanged. Emailed notice (mw, ) |
| Filing 17 NOTICE of Voluntary Dismissal by Judith Kendziora of Certain Parties (Ibarra, Jonathan) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: On review of the Jurisdictional Statement, R. 15, diversity jurisdiction appears to be satisfied (the Plaintiff shall file the dismissal motion as to the unnecessary entities by 03/09/2022). On review of the prior status report, the Court sets the following discovery schedule (which shall now commence). If not already accomplished, Rule 26(a)(1) disclosures due by 03/15/2022 and the first-round of written discovery requests must be issued by 03/22/2022. Fact discovery, including any treating health care providers (if any), must be completed by 10/05/2022. Rule 26(a)(2)(C) summaries for treating health care providers (if any) must be disclosed 75 days in advance of the fact discovery deadline, and adjusts with any general extension of fact discovery deadline. **No summary judgment motion may be filed before the close of fact discovery without prior authorization of the Court.** Rule 16(b) deadline to add parties or amend pleadings is 07/26/2022; The deadline to serve subpoenas is 08/08/2022, absent good cause (e.g., genuine surprise despite due diligence). By 09/06/2022, the parties shall file a Deposition Scheduling Report listing the depositions already taken and (more importantly) the remaining deponents, all of whom must have ***confirmed*** deposition dates (not just proposed dates). Any person not on that Report will presumptively not be deposed without good cause (e.g., genuine surprise despite due diligence). If deponents are slow in confirming deposition dates, the parties should use the Report deadline to urge each other and non-parties to provide confirmed dates to avoid a motion to compel in advance of the deadline. Any retained-expert discovery schedule will be set later. The parties should work on HIPAA waivers and releases to obtain medical records as soon as practicable. The tracking status hearing of 03/04/2022 is reset to 05/13/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the parties shall file a discovery progress report by 05/05/2022. Emailed notice (mw, ) |
| Filing 15 MEMORANDUM by Judith Kendziora Parties Jurisdictional Statement (Ibarra, Jonathan) |
| Filing 14 Parties Agreed Protective Order by Judith Kendziora (Ibarra, Jonathan) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 11, discovery is paused so that diversity jurisdiction can either be confirmed or refuted. (1.) First, the parties shall confer on the proper Defendant-entities so that citizenship can be established. The Defendants should disclose records to the Plaintiff as needed to establish the assertions in the notice of removal. Typically, an informal exchange of discovery and requests are enough to figure out who are the proper Defendants, so the Court encourages the parties to cooperate on this endeavor. The conferral shall start by 01/28/2022 and finish by 02/09/2022. (2.) On the jurisdictional minimum, given the allegations in the complaint about a permanent injury and the nature of the fall, it seems likely that the $75,000 amount-in-controversy requirement is met. But the Plaintiff may address this in a motion to remand. (3.) If appropriate, the Plaintiff shall file a motion by 02/23/2022. If the Plaintiff becomes convinced of diversity jurisdiction, then the parties still must file a Jurisdictional Memorandum by that same deadline, explaining in detail why there is diversity jurisdiction. Discovery on the merits is otherwise stayed for now. The tracking status hearing of 01/28/2022 is reset to 03/04/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice (cn). |
| Filing 12 ATTORNEY Appearance for Plaintiff Judith Kendziora by Willard L. Hemsworth, III (Hemsworth, Willard) |
| Filing 11 STATUS Report Parties Joint Status Report by Judith Kendziora (Ibarra, Jonathan) |
| Filing 10 ATTORNEY Appearance for Plaintiff Judith Kendziora by Jonathan Alan Ibarra (Ibarra, Jonathan) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CVS Pharmacy Limited of Illinois Inc., CVS Pharmacy, Inc., Highland Park CVS, L.L.C., Lockport CVS, L.L.C., Streamwood CVS, L.L.C. (Attachments: #1 Notice of Filing re Local Rule 32 Notification as to Affiliates)(Keating, Richard) |
| Filing 8 JURY Demand (Keating, Richard) |
| Filing 7 CVS Defendants ANSWER to Complaint and Affirmative Defenses by CVS Pharmacy Limited of Illinois Inc., CVS Pharmacy, Inc., Highland Park CVS, L.L.C., Lockport CVS, L.L.C., Streamwood CVS, L.L.C. (Attachments: #1 Notice of Filing Notice of Filing re CVS Defendants' Answer and Affirmative Defenses to Plaintiff's Amended Complaint)(Keating, Richard) |
| Filing 6 ATTORNEY Appearance for Defendants CVS Pharmacy Limited of Illinois Inc., CVS Pharmacy, Inc., Highland Park CVS, L.L.C., Lockport CVS, L.L.C., Streamwood CVS, L.L.C. by Richard J. Keating, Jr (Keating, Richard) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 01/28/2022 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 01/20/2022. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 4 MAILED Notice of Removal letter to counsel of record. (jn, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jxj, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jj, ) |
| Filing 3 ATTORNEY Appearance for Defendants CVS Pharmacy, Inc., Highland Park CVS, L.L.C. by Benjamin Lothson (Lothson, Benjamin) |
| Filing 2 CIVIL Cover Sheet (Lothson, Benjamin) |
| Filing 1 NOTICE of Removal from Circuit Court of Will County, Illinois, case number (21 L 760) filed by Highland Park CVS, L.L.C. Filing fee $ 402, receipt number 0752-19009908. (Attachments: #1 Exhibit A - Original Complaint, #2 Exhibit B - Amended Complaint, #3 Exhibit C - Email Accepting Service, #4 Exhibit D - Warranty Deed, #5 Exhibit E - Memorandum of Lease, #6 Exhibit F - Affidavit, #7 Exhibit G - Will County Records, #8 Exhibit H - Bruno Trust Email, #9 Exhibit I - Will County Docket, #10 Notice of Filing Notice of Filing Notice of Removal, #11 Civil Cover Sheet Civil Cover Sheet)(Lothson, Benjamin) |
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