Calchi v. TopCo Associates, LLC
| Nancy Calchi |
| TopCo Associates, LLC |
| 1:2022cv00747 |
| February 10, 2022 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
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Filing 52
MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 6/7/2023. Mailed notice. (jjr, )
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Filing 51
RESPONSE by Nancy Calchiin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant TopCo Associates, LLC TopCo Associates, LLC's Motion to Dismiss Plaintiff's First Amended Class Action Complaint #49 (Attachments: #1 Exhibit A, Carrigan Decision)(Jacobson, Jonas)
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Filing 50
MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule on defendant's motion to dismiss (Dckt. No. #49 ). Plaintiff's response is due by June 9, 2023. Defendant's reply is due by June 23, 2023. Mailed notice. (jjr, )
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Filing 49
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant TopCo Associates, LLC TopCo Associates, LLC's Motion to Dismiss Plaintiff's First Amended Class Action Complaint (Northrip, William)
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Filing 48
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the document entitled "joint response to Court's Order on jurisdiction / motion for reconsideration." (Dckt. No. #44 ) A response/motion isn't a thing. A filing is either one or the other. To the extent that filing is a motion, it is denied without prejudice. But the Court will consider the statements in the filing about the jurisdictional requirements under CAFA. In the meantime, the response to the first amended complaint is due within the timetable set by the Federal Rules. Mailed notice (jjr, )
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Filing 47
First AMENDED complaint by Nancy Calchi against TopCo Associates, LLC (Attachments: #1 Redline version)(Jacobson, Jonas)
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Filing 46
MINUTE entry before the Honorable Steven C. Seeger: Defendant's motion for leave to file supplemental authority (Dckt. No. #45 ) is granted. Mailed notice. (jjr, )
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Filing 45
MOTION by Defendant TopCo Associates, LLC for leave to file Supplemental Authority (Attachments: #1 Exhibit A Calchi v. Glaxosmithkline decision)(Weissenberger, Emily)
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Filing 44
MOTION by Defendant TopCo Associates, LLC Joint Response to Court's Order on Jurisdiction Motion for Reconsideration (Northrip, William)
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Filing 43
ORDER Signed by the Honorable Steven C. Seeger on 3/15/2023. Mailed notice. (jjr, )
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Filing 42
MINUTE entry before the Honorable Steven C. Seeger: The complaint is hereby dismissed without prejudice because the jurisdictional allegations are insufficient. Order to follow. The Court grants Plaintiff leave to file an amended complaint by April 28, 2023. In the meantime, all pending motions (Dckt. No. #16 ) are denied as moot. Mailed notice. (jjr, )
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Filing 41
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, )
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Filing 40
MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's motion for leave to file a response to the supplemental authority (Dckt. No. #39 ) is hereby granted. The motion itself is deemed to be the response. No reply. Mailed notice (jjr, )
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Filing 39
MOTION by Plaintiff Nancy Calchi for leave to file Response to Notice of Supplemental Authority (Franzini, Simon)
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Filing 38
NOTICE by TopCo Associates, LLC re MOTION by Defendant TopCo Associates, LLC to dismiss PLAINTIFF'S COMPLAINT #16 , order on motion for leave to file, text entry #37 and Notice of Supplemental Authority ISO Motion to Dismiss (Attachments: #1 Exhibit "A" Goldstein Opinion and Order)(Weissenberger, Emily)
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Filing 37
MINUTE entry before the Honorable Steven C. Seeger: Defendant's motion for leave to file supplemental authority (Dckt. No. #36 ) is granted. Mailed notice. (jjr, )
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Filing 36
MOTION by Defendant TopCo Associates, LLC for leave to file Supplemental Authority (Attachments: #1 Exhibit "A" Goldstein Opinion and Order)(Weissenberger, Emily)
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Filing 35
MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's unopposed motion for leave to respond to defendant's notice of supplemental authority (Dckt. No. #34 ) is granted. Mailed notice (jjr, )
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Filing 34
MOTION by Plaintiff Nancy Calchi unopposed motion for leave to respond to defendant's notice of supplemental authority #33 (Jacobson, Jonas) Modified on 8/22/2022 (exr, ).
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Filing 33
NOTICE by TopCo Associates, LLC of Filing Supplemental Authority In Support of Its Pending Motion to Dismiss (Attachments: #1 Exhibit A)(Northrip, William)
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Filing 32
MINUTE entry before the Honorable Steven C. Seeger: Defendant's motion for leave to file supplemental authority (Dckt. No. #31 ) is hereby granted. Mailed notice (jjr, )
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Filing 31
MOTION by Defendant TopCo Associates, LLC for leave to file Supplemental Authority (Attachments: #1 Exhibit A)(Northrip, William)
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Filing 30
RESPONSE by Defendant TopCo Associates, LLC to notice of filing #29 of Supplemental Authority (Weissenberger, Emily)
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Filing 29
NOTICE by Nancy Calchi Notice of Supplemental Authority (Attachments: #1 Exhibit A- Order on Motion to Dismiss)(Franzini, Simon)
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Filing 28
REPLY by TopCo Associates, LLC to response in opposition to motion, #26 to Dismiss Plaintiff's Complaint (Underhill, Michael)
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Filing 27
MINUTE entry before the Honorable Steven C. Seeger: Defendant's reply to the motion to dismiss is due by May 31, 2022 (May 30 is a holiday). Mailed notice. (jjr, )
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Filing 26
RESPONSE by Nancy Calchiin Opposition to MOTION by Defendant TopCo Associates, LLC to dismiss PLAINTIFF'S COMPLAINT #16 (Attachments: #1 Exhibit A - Characteristics of Objects that Cause Choking, #2 Exhibit B - Non-Westlaw Citations)(Jacobson, Jonas)
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Filing 25
MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to appear pro hac vice (Dckt. No. #24 ) is granted. Attorney Michael Kevin Underhill is added as counsel for TopCo Associates, LLC. Mailed notice. (jjr, )
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Filing 24
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19390904. (Underhill, Michael)
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Filing 23
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint initial status report (Dckt. No. #22 ). The parties propose to defer discovery until the Court resolves the motion to dismiss, and the Court agrees. Discovery is stayed pending a ruling on the motion to dismiss. Mailed notice (jjr, )
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Filing 22
STATUS Report (Joint) by Nancy Calchi (Jacobson, Jonas)
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Filing 21
MINUTE entry before the Honorable Steven C. Seeger: The Court grants both motions for leave to appear pro hac vice (Dckt. Nos. #19 and #20 ). Attorney Emily Marie Weissenberger and Michael Fitzgerald Healy are added as counsel for TopCo Associates, LLC. Mailed notice. (jjr, )
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Filing 20
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19377133. (Healy, Michael)
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Filing 19
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19377036. (Weissenberger, Emily)
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Filing 18
ATTORNEY Appearance for Plaintiff Nancy Calchi by Brittany Scott (Scott, Brittany)
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Filing 17
MINUTE entry before the Honorable Steven C. Seeger: The Court sets the following briefing schedule on defendant's motion to dismiss (Dckt. No. #16 ). Plaintiff's response is due by May 16, 2022. Defendant's reply is due by May 30, 2022. Mailed notice. (jjr, )
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Filing 16
MOTION by Defendant TopCo Associates, LLC to dismiss PLAINTIFF'S COMPLAINT (Attachments: #1 Declaration of Emily Weissenberger in Support of Motion to Dismiss, #2 Exhibit A to Declaration of Emily Weissenberger in Support of Motion to Dismiss)(Northrip, William)
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Filing 15
WITHDRAWING Ambria D. Mahomes as counsel for Defendant TopCo Associates, LLC and substituting William Francis Northrip as counsel of record (Northrip, William)
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Filing 14
ATTORNEY Appearance for Defendant TopCo Associates, LLC by William Francis Northrip (Northrip, William)
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Filing 13
MINUTE entry before the Honorable Steven C. Seeger: Defendant Topco Associates, LLC's second unopposed motion for extension of time to respond to plaintiff's complaint (Dckt. No. #12 ) is granted. Defendant shall respond to plaintiff's complaint by April 18, 2022. Mailed notice. (jjr, )
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Filing 12
MOTION by Defendant TopCo Associates, LLC for extension of time to file DEFENDANT TOPCO ASSOCIATES, LLC'S SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT (Mahomes, Ambria)
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Filing 11
MINUTE entry before the Honorable Steven C. Seeger: Defendant Topco Associates, LLC's unopposed motion for extension of time to respond to plaintiff's complaint (Dckt. No. #10 ) is granted. Defendant shall respond to plaintiff's complaint by April 11, 2022. Mailed notice. (jjr, )
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Filing 10
MOTION by Defendant TopCo Associates, LLC for extension of time to file TOPCO ASSOCIATES UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S COMPLAINT (Mahomes, Ambria)
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Filing 9
ATTORNEY Appearance for Defendant TopCo Associates, LLC by Ambria Dominise Mahomes (Mahomes, Ambria)
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Filing 8
ATTORNEY Appearance for Plaintiff Nancy Calchi by Simon Carlo Franzini (Franzini, Simon)
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Filing 7
ATTORNEY Appearance for Plaintiff Nancy Calchi by Jonas Bram Jacobson (Jacobson, Jonas)
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Filing 6
SUMMONS Returned Executed by Nancy Calchi as to TopCo Associates, LLC on 2/14/2022, answer due 3/7/2022. (Jacobson, Jonas)
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Filing 5
CLASS ACTION COMPLAINT filed by Nancy Calchi; Jury Demand. (jn, )
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Filing 4
MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by April 27, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, )
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SUMMONS Issued as to Defendant TopCo Associates, LLC (cm, )
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Filing 3
ATTORNEY Appearance for Plaintiff Nancy Calchi by Timothy J. Haller (Haller, Timothy)
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Filing 2
CIVIL Cover Sheet (Jacobson, Jonas)
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Filing 1
COMPLAINT filed by Nancy Calchi; Jury Demand. Filing fee $ 402, receipt number 0752-19144160.(Jacobson, Jonas)
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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. (lw, )
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CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (lw, )
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