Jaskula-Dybka v. R. Latitude, Inc., d/b/a Bounce Sporting Club et al
| Nicole Jaskula-Dybka |
| R. Latitude, Inc., d/b/a Bounce Sporting Club, Brandit Hospitality Group, d/b/a Bounce Sporting Club, Rudy Jimenez, R.T. Murphy, R. Latitude, Inc. an Illinois corporation doing business as Bounce Sporting Club, Brandit Hospitality Group doing business as Bounce Sporting Club and Ronald Thomas Murphy |
| 1:2022cv01156 |
| March 4, 2022 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
Docket Report
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| Filing 52 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' stipulation to dismiss #50 . Pursuant to the stipulation, and under Fed. R. Civ. P. 41(a)(1)(A)(ii), this case is dismissed with prejudice, with each settling party to bear their own costs. The Court advises the parties that, generally speaking, Seventh Circuit decisions hold that dismissals "with prejudice" leave the Court without jurisdiction to enforce a settlement agreement. See Shapo v. Engle, 463 F.3d 641, 646 (7th Cir. 2006). Civil case terminated. Mailed notice (axc). |
| Filing 51 MINUTE entry before the Honorable M. David Weisman: Pursuant to the stipulation of dismissal #50 , all matters relating to the referral of this case have been resolved, this matter is returned to the District Judge. Status hearing set for 12/8/22 before Magistrate Judge Weisman is hereby stricken with no appearance required. Referral terminated. Mailed notice (ao, ) |
| Filing 50 STIPULATION To Dismiss (Gold, Randall) |
| Filing 49 MINUTE entry before the Honorable M. David Weisman: Settlement conference held via video conference. The parties were able to reach a settlement. Settlement terms to be documented by settlement agreement. Status hearing set for 12/8/22 at 9:15 a.m. Parties are to file a joint status report by 12/6/22 indicating whether the parties: have entered into a written settlement agreement; and any other issues counsel believe the Court should consider. The Court wishes to thank both counsel for their reasonableness and professionalism in resolving this matter. 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 48 MINUTE entry before the Honorable M. David Weisman: Status hearing set for 10/20/22 is stricken. A video settlement conference is set for 11/14/22 at 10:00 a.m. Plaintiff's settlement letter shall be delivered to defendants by 10/31/22. Defendants' response shall be delivered to plaintiff by 11/7/22. Letters must be limited to five pages, not including attachments. The parties must also submit their respective documents by email to Proposed_Order_Weisman@ilnd.uscourts.gov. Please note that settlement letters are not to be filed on the CM/ECF system. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov, by 11/7/22 identifying the email addresses of the individuals who intend to participate in the settlement conference. Mailed notice (ao, ) |
| Filing 47 MINUTE entry before the Honorable M. David Weisman: In light of the parties' most recent status report, and the collective interest in proceeding with a settlement conference, the status hearing set for 10/13/22 is stricken. Status hearing set for 10/20/22 at 10:00 a.m. Counsel should jointly coordinate with Courtroom Deputy, Alyssia Owens as to a mutually agreeable date for a settlement conference (factoring in counsel's trial schedules). If a date can be agreed to in advance of the 10/20/22 status hearing, that status hearing will be stricken to avoid unnecessary time and costs. The Court looks forward to working with counsel and the parties in resolving this matter. If the hearing proceeds forward, 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 46 STATUS Report by Brandit Hospitality Group, R. Latitude, Inc. (Vanderlaan, Lori) |
| Filing 45 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Parties report on the status of discovery and believe they will have fact discovery completed by 12/16/22. Status hearing set for 10/13/22 at 9:15 a.m. for docket management purposes. A joint status report shall be filed by 10/11/22 advising if a settlement conference would be fruitful, if so, if the parries are interested in this court presiding over the settlement conference or if they would like private mediation. If the parties do not wish to pursue a settlement conference (or any mediation has not been successful), parties shall submit a discovery schedule with firm discovery dates. If the hearing proceeds forward, 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 44 STATUS Report Updated by counsel by Nicole Jaskula-Dybka (Gold, Randall) |
| Filing 43 MINUTE entry before the Honorable M. David Weisman: Status hearing set for 9/13/22 is stricken and reset to 9/27/22 at 9:15 a.m. A joint status report shall be filed by 9/23/22 with firm dates for the completion of written discovery and for depositions. 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 42 STATUS Report by Nicole Jaskula-Dybka (Gold, Randall) |
| Filing 41 ATTORNEY Appearance for Defendants Brandit Hospitality Group, R.T. Murphy, R. Latitude, Inc. by Fritz V. Wilson (Wilson, Fritz) |
| Filing 40 MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to Plaintiff's Notice of Voluntary Dismissal of Claims against Defendant Rudy Jimenez #39 and Fed. R. Civ. P. 41(a)(1)(A)(i), all claims against Defendant Jimenez a/k/a Rudy Luciano are dismissed without prejudice. The case continues against the remaining defendants. Mailed notice (lxs, ) |
| Filing 39 NOTICE of Voluntary Dismissal by Nicole Jaskula-Dybka Against Defendant Rudy Jimenez (Gold, Randall) |
| Filing 38 ANSWER to Complaint and Affirmative Defenses by Brandit Hospitality Group(Vanderlaan, Lori) |
Filing 37
ORDER Signed by the Honorable Franklin U. Valderrama on 7/13/2022. Mailed notice (axc).
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| Filing 36 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the attached order, Plaintiff's Motion for Entry of Default #29 is denied. By no later than 08/11/2022, Plaintiff shall properly serve Defendant Jimenez pursuant to Federal Rule of Civil Procedure 4. By the same date, Plaintiff shall file a notice of service on the docket. Failure to comply with these deadlines will result in the dismissal of Defendant Jimenez, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Mailed notice (axc). |
| Filing 35 CERTIFICATE of SERVICE (Vanderlaan, Lori) |
| Filing 34 MINUTE entry before the Honorable Franklin U. Valderrama: The parties have sent a proposed order to the Court's Courtroom Deputy, in which they agree to withdraw Defendant Brandit Hospitality Group's motion to dismiss #21 . Defendant's motion #21 and the briefing schedule are therefore stricken. Mailed notice (axc). |
| Filing 33 RESPONSE by Nicole Jaskula-Dybkain Opposition to MOTION by Defendant Brandit Hospitality Group to dismiss PURSUANT TO RULE 12(b)(6) #21 (Attachments: #1 Exhibit A- Email from Johnny Love to Attorney Randall Gold dated July 6, 2021, #2 Exhibit B-Materials representing Bounce Sporting Club identifying as "A Brandit Group Company")(Gold, Randall) |
| Filing 32 RESPONSE by Brandit Hospitality Group to MOTION by Plaintiff Nicole Jaskula-Dybka for entry of default #29 (Vanderlaan, Lori) |
| Filing 31 CERTIFICATE of Service by Plaintiff Nicole Jaskula-Dybka regarding MOTION by Plaintiff Nicole Jaskula-Dybka for entry of default #29 , declaration, #30 (Gold, Randall) |
| Filing 30 DECLARATION of Randall B. Gold regarding motion for entry of default #29 (Attachments: #1 Exhibit 1-Notice of Electronic Filing of Complaint dated March 4, 2022, #2 Exhibit 2- Notice of Electronic Filing of Summons Issued dated March 28, 2022, #3 Exhibit 3- Affidavit of Process Server, #4 Exhibit 4- Notice of Electronic Filing of Affidavit of Service dated April 8, 2022)(Gold, Randall) |
| Filing 29 MOTION by Plaintiff Nicole Jaskula-Dybka for entry of default (Gold, Randall) |
| Filing 28 AGREED QUALIFIED PROTECTIVE Order: Signed by the Honorable M. David Weisman on 6/13/2022. Mailed notice (ao, ) |
| Filing 27 MINUTE entry before the Honorable M. David Weisman: Joint motion for agreed qualified protective order is granted. Enter order. In the future, parties must file a motion on the docket rather than sending a request by email. Mailed notice (ao, ) |
| JOINT MOTION for agreed qualified protective order. (ao, ) |
| Filing 26 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. Defendant Rudy Jimenez failed to appear. The Court enters the following schedule: Rule 26(a)(1) disclosures shall be served by 7/8/22. Amendments to pleadings completed by 7/8/22. Fact discovery, exclusive of treaters, shall be completed by 11/21/22. Expert discovery will be set at a later date. Written discovery shall be issued by 7/22/22. Any additional written discovery issued to the parties must be by agreement or with leave of Court. Status hearing set for 9/13/22 at 9:15 a.m. A joint status report shall be filed by 9/8/22, advising the status of written discovery and if there is any motion practice, a list of depositions and dates, if necessary, third-party subpoenas have been served, and if there is a mutual interest in a settlement conference. Parties can conduct depositions early on if needed. By 6/10/22, parties shall file a motion for entry of a protective order and send the proposed protective order to Proposed_Order_Weisman@ilnd.uscourts.gov. Parties shall use the redline function of Word so the Court can review changes to the standard Northern District of Illinois protective order if the parties choose to use the standard order. 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 25 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman for the purposes of discovery supervision, including setting all deadlines, and settlement matters. Initial status hearing scheduled for 6/2/22 at 1:00 p.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 will be able to call in to listen to this hearing. 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 24 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: discovery supervision, including setting all deadlines, and settlement matters. (cn) Mailed notice. |
| Filing 23 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the parties' joint initial status report and refers discovery supervision, including setting all deadlines, and settlement matters to Magistrate Judge Weisman. The Court anticipates discovery will continue while the motion to dismiss #21 is pending. If the parties request a stay of discovery, they are to bring that motion before the District Court Judge. Without a stay, it is expected that discovery work will continue. Mailed notice (cn). |
| Filing 22 MINUTE entry before the Honorable Franklin U. Valderrama: Pursuant to the joint email request submitted by the parties, the Court enters the following briefing schedule on Defendant's Motion to Dismiss Pursuant to Rule 12(b)(6) #21 : Plaintiff's response is due on or before 06/20/2022; Defendant's reply is due on or before 07/05/2022. Mailed notice (cn). |
| Filing 21 MOTION by Defendant Brandit Hospitality Group to dismiss PURSUANT TO RULE 12(b)(6) (Vanderlaan, Lori) |
| Filing 20 ANSWER to Complaint with Jury Demand by Brandit Hospitality Group(Vanderlaan, Lori) |
| Filing 19 MEMORANDUM IN SUPPORT OF PARTIAL MOTION TO DISMISS AND/OR STRIKE PLAINTIFF'S COMPLAINT (Attachments: #1 Exhibit Exhibit A)(Vanderlaan, Lori) |
| Filing 18 STATUS Report by Nicole Jaskula-Dybka (Gold, Randall) |
| Filing 17 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the agreed motion for extension of time to file responsive pleadings #16 is granted. The deadline for Defendants' responsive pleadings is extended to 05/20/2022. The parties' previous extension motion #15 is terminated as moot. Mailed notice (axc). |
| Filing 16 MOTION by Defendants Brandit Hospitality Group, R.T. Murphy for extension of time to File Response Pleadings (Vanderlaan, Lori) |
| Filing 15 MOTION by Defendant Brandit Hospitality Group for extension of time to File Response Pleadings (Vanderlaan, Nathan) |
| Filing 14 ATTORNEY Appearance for Defendant Brandit Hospitality Group by Lori Ann Vanderlaan (Vanderlaan, Lori) |
| Filing 13 ATTORNEY Appearance for Defendant Brandit Hospitality Group by Nathan Thomas Vanderlaan (Vanderlaan, Nathan) |
| Filing 12 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, Defendants R.T. Murphy and R. Latitude, Inc.'s motion for an extension to answer or otherwise plead to the complaint #11 is granted. Although not indicated in the motion itself, counsel for Defendants R.T. Murphy and R. Latitude, Inc. emailed the Court's Courtroom Deputy on 4/20/2022, copying counsel for Plaintiff, advising that the motion is unopposed. Defendants R.T. Murphy and R. Latitude, Inc.'s deadline to answer or file a responsive pleading is extended to 5/13/2022. Mailed notice (axc). |
| Filing 11 MOTION by Defendants R.T. Murphy, R. Latitude, Inc. for extension of time to File Response Pleadings (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Vanderlaan, Nathan) |
| Filing 10 ATTORNEY Appearance for Defendants R.T. Murphy, R. Latitude, Inc. by Nathan Thomas Vanderlaan (Vanderlaan, Nathan) |
| Filing 9 ATTORNEY Appearance for Defendants R.T. Murphy, R. Latitude, Inc. by Lori Ann Vanderlaan (Vanderlaan, Lori) |
| Filing 8 AFFIDAVIT of Service filed by Plaintiff Nicole Jaskula-Dybka regarding Summons and Complaint served on IL Corp. Service for R. Latitude, Inc. on 03/31/2022 (Gold, Randall) |
| Filing 7 AFFIDAVIT of Service filed by Plaintiff Nicole Jaskula-Dybka regarding Summons and Complaint served on Matt Deletto for Brandit Hospitality Group on 04/01/2022 (Gold, Randall) |
| Filing 6 AFFIDAVIT of Service filed by Plaintiff Nicole Jaskula-Dybka regarding Summons and Complaint served on Matt Deletto for R.T. Murphy on 04/01/2022 (Gold, Randall) |
| Filing 5 AFFIDAVIT of Service filed by Plaintiff Nicole Jaskula-Dybka regarding Summons and Complaint served on Matt Deletto for Rudy Luciano on 04/01/2022 (Gold, Randall) |
| SUMMONS Issued as to Defendants Brandit Hospitality Group, Rudy Jimenez, R.T. Murphy, R. Latitude, Inc. (jxj, ) |
| Filing 4 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 05/18/2022 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (axc). |
| Filing 3 ATTORNEY Appearance for Plaintiff Nicole Jaskula-Dybka by Renee F. Kessel (Kessel, Renee) |
| Filing 2 ATTORNEY Appearance for Plaintiff Nicole Jaskula-Dybka by Randall B. Gold (Gold, Randall) |
| Filing 1 COMPLAINT filed by Nicole Jaskula-Dybka; Jury Demand. Filing fee $ 402, receipt number 0752-19214974. (Attachments: #1 Civil Cover Sheet)(Gold, Randall) |
| 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. (cxr, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (cxr, ) |
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