Martin v. Enhanced Recovery Company, LLC
| Hilario Martin |
| Enhanced Recovery Company, LLC |
| 1:2022cv01942 |
| April 15, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Defendant |
Docket Report
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| Document Text |
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| Filing 14 REPLY by Plaintiff Hilario Martin to motion to remand #12 (Mccormick, Seth) |
| Filing 13 RESPONSE by Enhanced Recovery Company, LLCin Opposition to MOTION by Plaintiff Hilario Martin to remand Jurisdictional Statement, Motion to Remand and For Costs and Attorneys' Fees for Improper Removal #12 and Jurisdictional Statement (Gallagher, Scott) |
| Filing 12 MOTION by Plaintiff Hilario Martin to remand Jurisdictional Statement, Motion to Remand and For Costs and Attorneys' Fees for Improper Removal (Mccormick, Seth) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 10, discovery is paused for now given the subject matter jurisdiction dispute. The tracking status hearing of 05/13/2022 is reset to 06/17/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 10 STATUS Report Joint Initial Status Report by Hilario Martin (Mccormick, Seth) |
| Filing 9 MINUTE entry before the Honorable Edmond E. Chang: On review of the Notice of Removal, R. 1, and the state court complaint, R. 1-1, the Court issues the following jurisdictional inquiry. Over the past few years, the Seventh Circuit has issued a series of opinions clarifying when FDCPA plaintiffs do and do not have Article III standing. See, e.g., Markakos v. Medicredit, Inc., 997 F.3d 778 (7th Cir. 2021); Nettles v. Midland Funding, 983 F.3d 896 (7th Cir. 2020); Larkin v. Finance System of Green Bay, Inc., 982 F.3d 1060, 1066 (7th Cir. 2020); Brunett v. Convergent Outsourcing, Inc., 982 F.3d 1067 (7th Cir. 2020); Bazile v. Finance System of Green Bay, Inc., 983 F.3d 274 (7th Cir. 2020); Casillas v. Madison Ave Assocs., Inc., 926 F.3d 329, 333 (7th Cir. 2019). Based on this binding circuit precedent, it appears that the Plaintiff's allegations are insufficient to assert Article III standing. Of course, the Court will allow the parties to file position papers addressing whether Martin has established an injury-in-fact in her pleadings and has standing to bring this suit. Given the likely respective positions of the parties, the Plaintiff shall file her Jurisdictional Statement by 05/11/2022. The defense Response to Jurisdictional Statement shall be filed by 05/25/2022. The Plaintiff's Reply on Jurisdictional Statement is due by 06/02/2022. The parties still must file the status report due on 05/05/2022, but they may skip the subject matter jurisdiction section due to this briefing schedule. Emailed notice (mw, ) |
| Filing 8 ATTORNEY Appearance for Plaintiff Hilario Martin by Celetha Chatman (Chatman, Celetha) |
| Filing 7 ANSWER to Complaint by Enhanced Recovery Company, LLC(Gallagher, Scott) |
| Filing 6 MAILED Notice of Removal Letter to Plaintiff's Counsel, Celetha Chatman, Michael Wood, and Seth Barrow Mccormick. (jh, ) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 05/13/2022 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 05/05/2022. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If Defendant has not 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 ATTORNEY Appearance for Defendant Enhanced Recovery Company, LLC by Scott Stephen Gallagher (Gallagher, Scott) |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Enhanced Recovery Company, LLC (Gallagher, Scott) |
| Filing 2 CIVIL Cover Sheet (Gallagher, Scott) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2022CH00884) filed by Enhanced Recovery Company, LLC Filing fee $ 402, receipt number 0752-19347334. (Attachments: #1 Composite Exhibit "A' - state court pleadings, #2 Exhibit "B" - Notice of Filing Notice of Removal)(Gallagher, Scott) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (cxr, ) |
| 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, ) |
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| Plaintiff: Hilario Martin | |
| Represented By: | Celetha Chatman |
| Represented By: | Celetha C Chatman |
| Represented By: | Michael Wood |
| Represented By: | Seth Barrow Mccormick |
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| Defendant: Enhanced Recovery Company, LLC | |
| Represented By: | Scott Stephen Gallagher |
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