Bruessard v. AT&T Corp.
| Karla Bruessard |
| AT&T Corp., AT&T Mobility Services LLC and AT&T Inc |
| 1:2022cv00270 |
| January 17, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Robert M Dow |
| Young B Kim |
| Civil Rights: Jobs |
| 28 U.S.C. § 1331 Fed. Question: Employment Discrimination |
| Both |
Docket Report
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This docket was last retrieved on January 19, 2023. A more recent docket listing may be available from PACER.
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| Filing 57 MINUTE entry before the Honorable Young B. Kim: In light of the dismissal (R. 55), all matters relating to the referral of this action have been concluded. The referral is closed and the case is returned to the assigned District Judge. Mailed notice (ec) |
| Filing 56 ENTERED JUDGMENT Signed by the courtroom deputy on 01/19/2023. Mailed notice (mw, ) |
| Filing 55 MINUTE entry before the Honorable Edmond E. Chang: The Plaintiff has now missed three deadlines: (a) the 01/03/2023 deadline to email a report on her attorney-retention efforts, R. 52; (b) the status-report deadline of 01/12/2023, R. 54; and (c) the 01/17/2023 response deadline to the dismissal motion, R. 52. The Court warned the Plaintiff that a failure to respond to the dismissal motion could result in dismissal for lack of prosecution under Civil Rule 41(b). R. 54. Given the absence of any communication from the Plaintiff and the already-long briefing schedule, the case is dismissed with prejudice for lack of prosecution. A separate AO-450 judgment shall be entered. The Court would be willing to consider a promptly filed motion to vacate judgment. The dismissal motion #47 is terminated as moot. The tracking status hearing of 01/20/2023 is vacated. Civil case terminated. Mailed notice (mw, ) |
| Filing 54 MINUTE entry before the Honorable Edmond E. Chang: No email report on attempts to retain counsel was received from the Plaintiff. See R. 50. The Plaintiff shall file a concise report on the docket by 01/12/2023. The briefing schedule on the dismissal motion remains in place. The Court warns the Plaintiff that a failure to respond to the dismissal motion may result in dismissal of the case for lack of prosecution. See Fed. R. Civ. P. 41(b). The tracking status hearing of 01/06/2023 is reset to 01/20/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice (mw, ) |
| Filing 53 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 52 MINUTE entry before the Honorable Edmond E. Chang: Telephone status hearing held. The Plaintiff and counsel for Defendants appeared by telephone. The Plaintiff reported that she has spoken to two attorneys so far in hopes of retaining a new attorney and requested additional time to do so. To give the Plaintiff an opportunity to retain counsel, or to write the response if she does not, the Court is setting an extended briefing schedule on the motion to dismiss. The Plaintiff's response to Defendants' motion to dismiss #47 is due 01/17/2023. Defendants' reply due 01/31/2023. If the Plaintiff is conferring with an attorney and the sticking point to taking the case is the 01/17/2023 response deadline, then the Plaintiff is instructed to report to the attorney that the Court would be inclined to grant an extension of the briefing schedule. If that is the issue, Plaintiff is given leave to file a motion to extend the briefing schedule. If the Plaintiff is unable to retain new counsel, the Court notes that there is a Pro Se Help Desk staffed with volunteer lawyers. Information is at https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ==. The Court is setting a tracking status hearing for 01/06/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Plaintiff is instructed to email the courtroom deputy by 01/03/2023, michael_wing@ilnd.uscourts.gov, copying defense counsel on the email, reporting on the status of her efforts to retain new counsel and the Court will make a docket entry. The Clerk of Court is directed to add Plaintiff's address and phone number as identified in R. 45-1 so that she can receive notices. The Clerk is also directed to mail a copy of this minute entry to the Plaintiff. Emailed notice (mw, ) |
| Filing 51 MINUTE entry before the Honorable Edmond E. Chang: On review of the status reports, R. 49, 50, and the motion #47 to withdraw as counsel (the Plaintiff has no objection), the motion to withdraw Matthew Custardo is granted. The Plaintiff's counsel shall promptly provide the litigation file to the Plaintiff and shall forward this order to her. The Court sets a phone status hearing for 11/10/2022 at 10:15 a.m. to discuss with the Plaintiff her timeline on retaining new counsel. The Court will set a briefing schedule on the dismissal motion at that time, though it will be a long schedule due to the representation issue. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code 180 384 7218#. Counsel of record and the Plaintiff will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Emailed notice (mw, ) |
| Filing 50 STATUS Report PLAINTIFF'S REASSIGNMENT STATUS REPORT by Karla Bruessard (Custardo, Matthew) |
| Filing 49 STATUS Report by AT&T Corp., AT&T Inc, AT&T Mobility Services LLC (Campbell, Stacey) |
| Filing 48 CORPORATE DISCLOSURE STATEMENT by AT&T Corp., AT&T Inc, AT&T Mobility Services LLC (Campbell, Stacey) |
| Filing 47 MOTION by Defendants AT&T Mobility Services LLC, AT&T Inc, AT&T Corp. to dismiss Pursuant to F.R.C.P. 12(b) (Attachments: #1 Exhibit A - Asset Protection Report, #2 Exhibit B - Personal Use of Business Device Policy)(Campbell, Stacey) |
| Filing 46 MINUTE entry before the Honorable Young B. Kim: In light of the motion to withdraw (R. 45), the deadline included in the court's order of September 29, 2022, is stricken. The court will monitor the docket and reset the deadline for complying with the court's discovery order once Plaintiff's representation issue is settled. All discovery is stayed until further order of the court. Mailed notice (ec) |
| Filing 45 MOTION by Attorney Matthew R. Custardo to withdraw as attorney for Karla Bruessard. New address information: Karla Bruessard, 614 W Hillside Drive, Bensenville, IL 60106 (Attachments: #1 Notice of Filing Notification of Party Contact Information)(Custardo, Matthew) |
| Filing 44 MINUTE entry before the Honorable Edmond E. Chang: The instant action having been reassigned from Judge Dow, the parties are to file a joint reassignment report deadline by 11/03/2022. A tracking status hearing is set for 11/10/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). The referral to the magistrate judge remains at this time. Emailed notice (mw, ) (Attachment: #1 Reassignment Status Report Requirement) |
| Filing 43 EXECUTIVE COMMITTEE ORDER: The Honorable Robert M. Dow Jr. has been appointed Counselor to the Chief Justice of the United States. As he takes on these responsibilities, the court will at this time reassign a portion of his civil and criminal cases. IT IS HEREBY ORDERED That the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Honorable Robert M. Dow, Jr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/11/22. (sm, ) |
Filing 42
ORDER. Signed by the Honorable Young B. Kim on 9/29/2022. Mailed notice (ec)
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| Filing 41 MINUTE entry before the Honorable Young B. Kim: Defendant AT&T Corp's motion to compel #20 is granted in part and denied in part. Enter Order. Plaintiff is ordered to supplement her discovery responses as ordered herein by October 28, 2022. Oral discovery is stayed until further order of the court. Mailed notice (ec) |
| Filing 40 Corrected First AMENDED complaint by Karla Bruessard against All Defendants (Custardo, Matthew) |
| Filing 39 MINUTE entry before the Honorable Young B. Kim: Status hearing held by phone. Plaintiff is not willing to dismiss Defendant AT&T Corp. with a stipulation. In light of this position, the court will complete the review of the pending motion to compel and issue a ruling as soon as possible. Plaintiff's oral motion to stay discovery until the newly added Defendants appear is denied because the time spent now addressing discovery issues will not be wasted. If the court finds that a discovery stay is appropriate in order to place all parties on the same discovery track, the court will do so sua sponte. Mailed notice (ec) |
| Filing 38 AFFIDAVIT of Service filed by Defendant AT&T Mobility Services LLC regarding Subpoena to Produce Plaintiff's Treatment Records served on Allen Wellness Center on 9/13/2022 (Campbell, Stacey) |
| Filing 37 First AMENDED complaint by Karla Bruessard against All Defendants (Custardo, Matthew) |
| Filing 36 MINUTE entry before the Honorable Young B. Kim: A status hearing is scheduled for September 23, 2022, at 1:30 p.m. (CST) by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Mailed notice (ec) |
| Filing 35 STATUS Report also filed on behalf of Plaintiff (Joint Status Report) by AT&T Corp. (Campbell, Stacey) |
| Filing 34 REPLY by Defendant AT&T Corp. to response in opposition to motion #28 , motion to compel, #20 (Campbell, Stacey) |
| Filing 33 MINUTE entry before the Honorable Young B. Kim: Defendant's motion for extension #31 is granted. Appearance on September 22, 2022, is not required to present this motion. The fact discovery deadline of September 9, 2022, is stricken. The court will reset the deadline once the court resolves the pending written discovery issues. Defendant's reply in support of its motion to compel may be filed by September 13, 2022. Mailed notice (ec) |
| Filing 32 NOTICE of Motion by Stacey Campbell for presentment of motion for extension of time to complete discovery #31 before Honorable Young B. Kim on 9/22/2022 at 11:00 AM. (Campbell, Stacey) |
| Filing 31 MOTION by Defendant AT&T Corp. for extension of time to complete discovery (Campbell, Stacey) |
| Filing 30 MINUTE entry before the Honorable Young B. Kim: Defendant's notice of motion (R. 29) is stricken as the court already entered and continued the motion to compel and issued a briefing schedule. (See R. 22; R. 24.) That said, Defendant is granted until September 9, 2022, to file a reply in support of its motion to compel given the recent reassignment, (R. 26). Mailed notice (Kim, Young) |
| Filing 29 NOTICE of Motion by Stacey Campbell for presentment of motion to compel, #20 before Honorable Young B. Kim on 9/12/2022 at 11:00 AM. (Campbell, Stacey) |
| Filing 28 RESPONSE by Karla Bruessardin Opposition to MOTION by Defendant AT&T Corp. to compel Discovery Responses #20 (Custardo, Matthew) |
| Filing 27 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Young B. Kim for all further proceedings pursuant to Internal Operating Procedure 14. Honorable M. David Weisman no longer assigned to the case. Signed by Executive Committee on 8/25/2022. (cxr, ) |
| Filing 26 MINUTE entry before the Honorable M. David Weisman: This case was referred to Magistrate Judge Weisman for discovery supervision, to conduct a settlement conference and all discovery motions including defendant's motion to compel #20 . Due to a personal conflict, Judge Weisman hereby recuses himself from this case. No appearance necessary on 9/19/22. Recusal order to follow. Mailed notice (ao, ) |
| Filing 25 NOTICE of Motion by Stacey Campbell for presentment of motion to compel, #20 before Honorable M. David Weisman on 9/19/2022 at 09:15 AM. (Campbell, Stacey) |
| Filing 24 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery supervision, to conduct a settlement conference and all discovery motions including defendant's motion to compel #20 Briefing on defendant's motion to compel is as follows: response due 8/30/22; reply due 9/6/22. Initial status/ruling on motion hearing set for 9/19/22 at 9:15 a.m. Prior to the status hearing, the Court specifically requests that counsel consult the Court's standing order. If the parties believe the case is ready for a settlement conference, counsel should have available dates for a settlement conference for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. If the parties do not wish to set a settlement conference at this time, the parties should be prepared to discuss discovery scheduling and related issues. Parties shall dial in using the Court's conference call- in number. The conference call- in number is 1-877-411-9748 and the passcode is 1814539. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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 (ao, ) |
| Filing 23 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable M. David Weisman pursuant to Local Rule 72.1. Signed by Executive Committee on 8/12/2022.(cxr, ) |
| Filing 22 MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's motion for leave to amend her complaint to add additional Defendants #19 is granted. The standard for leave to amend under FRCP 15 is liberal. Defendant itself asserts [see 20, at 1 n.1] that it is not a properly-named Defendant, which provides additional justification for allowing an amendment to name parties that Plaintiff believes are the proper Defendants. Plaintiff's additional request for a stay of discovery pending the ruling on the motion for leave to amend is now moot. Defendant's motion to compel #20 will be referred to Magistrate Judge Weisman, along with all additional discovery motions and supervision, as well as a settlement conference if requested by the parties. Defendant is directed to re-notice the motion before Judge Weisman after the Executive Committee's referral order appears on the docket. The notice of motion date of 8/31/2022 before Judge Dow is stricken and no appearances are necessary on that date. Emailed notice (cdh, ) Modified on 8/16/2022 (cxr, ). |
| Filing 21 NOTICE of Motion by Stacey Campbell for presentment of motion to compel, #20 before Honorable Robert M. Dow Jr. on 8/31/2022 at 09:15 AM. (Campbell, Stacey) |
| Filing 20 MOTION by Defendant AT&T Corp. to compel Discovery Responses (Attachments: #1 Exhibit A - Defendant's First Set of Discovery Requests to Plaintiff, #2 Exhibit B - Plaintiff's Responses to Defendants' First Set of Discovery Requests, #3 Exhibit C - Letter of June 3, 2022, #4 Exhibit D - Custardo Letter of June 15, 2022, #5 Exhibit E - Email Correspondence dated July 19, 2022)(Campbell, Stacey) |
| Filing 19 MOTION by Plaintiff Karla Bruessard for leave to file Amended Complaint and Motion to Stay Discovery (Custardo, Matthew) |
| Filing 18 AFFIDAVIT of Service filed by Defendant AT&T Corp. regarding Subpoena to Produce Plaintiff's Treatment Records served on Allen Wellness Center on 7/20/2022 (Campbell, Stacey) |
| Filing 17 AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Robert M. Dow, Jr on 5/4/2022. Mailed notice (jmk, ) |
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Filing 16
ORDER: Upon review of the joint status report #13 , the Court adopts the parties' proposed fact discovery cutoff date of 9/9/2022 and directs counsel to file an updated joint status report by that same date. Agreed motion for entry of agreed confidentiality order #15 is granted. Signed order to follow. Notice of motion date of 5/6/2022 is stricken and no appearances are necessary on that date. Counsel are directed to submit the confidentiality order in Word format to Judge Dow's Proposed Order Box. Signed by the Honorable Robert M. Dow, Jr on 5/4/2022. Mailed notice (jmk, )
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| Filing 15 MOTION by Defendant AT&T Corp. for protective order (Attachments: #1 Exhibit Proposed Order)(Campbell, Stacey) |
| Filing 14 NOTICE of Motion by Stacey Alan Campbell for presentment of before Honorable Robert M. Dow Jr. on 5/6/2022 at 09:00 AM. (Campbell, Stacey) |
| Filing 13 STATUS Report Joint by AT&T Corp. (Campbell, Stacey) |
| Filing 12 ATTORNEY Appearance for Defendant AT&T Corp. by Rafael Eduardo Lazaro (Lazaro, Rafael) |
| Filing 11 ATTORNEY Appearance for Defendant AT&T Corp. by Stacey Alan Campbell (Campbell, Stacey) |
| Filing 10 MINUTE entry before the Honorable Robert M. Dow, Jr: Joint motion for extension of time to file status report and reset date for status conference #9 is granted. Telephone status hearing set for 3/3/2022 is stricken and no appearances are necessary on that date. Deadline for filing joint status report is extended to 3/7/2022. The telephone status hearing will be reset after review of the joint status report. Emailed notice (cdh, ) |
| Filing 9 MOTION by Defendant AT&T Corp. for extension of time Joint Motion for Status Report (Lazaro, Rafael) |
| Filing 8 NOTICE of Correction re #6 (bg, ) |
| Filing 7 MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant's corporate disclosure statement #6 is accepted. However, the Clerk is directed to remove the gavel from the docket as the statement is not a motion.Emailed notice (cdh, ) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by Defendant AT&T Corp. for disclosure (Lazaro, Rafael) Modified on 2/22/2022 (bg, ). |
| Filing 5 Defendant ANSWER to Complaint with Jury Demand by AT&T Corp.(Lazaro, Rafael) |
| Filing 4 SUMMONS Returned Executed by Karla Bruessard as to AT&T Corp. on 1/28/2022, answer due 2/18/2022. served on AT&T on 1-28-2022 (Custardo, Matthew) (Docket text modified by Clerk's Office) Modified on 2/15/2022 (bg, ). |
| Filing 3 MINUTE entry before the Honorable Robert M. Dow, Jr: Joint status report due by 2/28/2022. Initial telephone conference is set for 3/3/2022 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial; (3) The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Plaintiff is to advise all other parties of the Courts action herein. The parties are requested to file a joint status report at least three business days prior to the initial status and all further status hearings. For further details see the Court's website available at www.ilnd.uscourts.gov. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Emailed notice (cdh, ) |
| SUMMONS Issued as to Defendant AT&T Corp. (jxj, ) |
| Filing 2 ATTORNEY Appearance for Plaintiff Karla Bruessard by Matthew Ryan Custardo (Custardo, Matthew) |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable David Weisman. Case assignment: Random assignment. (jxj, ) |
| 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, ) |
| Filing 1 COMPLAINT filed by Karla Bruessard; Jury Demand. Filing fee $ 402, receipt number 0752-19061758. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Notice of Filing Attorney Appearance)(Custardo, Matthew) |
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