Giovannelli v. Amazon.Com, Inc. et al
| Nicholas Giovannelli |
| Amazon.Com, Inc. and Amazon.com Services, LLC |
| 1:2022cv02161 |
| April 26, 2022 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 REPLY by Plaintiff Nicholas Giovannelli (Attachments: #1 Notice of Filing)(Tobin, Craig) |
| Filing 6 RESPONSE by Amazon.Com, Inc., Amazon.com Services, LLC to MOTION #4 re DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR DEFENDANTS TO PAY FILING FEES (Borcia, James) |
| Filing 5 Duplicate filing of entry no. #4 Modified on 5/6/2022 (cxr, ). |
| Filing 4 PLAINTIFF'S MOTION for Defendant to Pay Filing Fees by Nicholas Giovannelli (Attachments: #1 Notice of Filing) (Tobin, Craig) Modified on 5/6/2022 (cxr, ). |
| Filing 3 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by July 11, 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, ) |
Filing 2
ORDER: On review of the status report, R. 25, the parties did not really address the misjoinder problem identified in the prior opinion, R. 23 at 12. Instead, the parties simply report that they agree to keep the case joined for purposes of discovery. R. 25 at 1. But the proper way to accomplish coordinated discovery (if indeed that is truly warranted), is to ask for pretrial coordination of discovery in separate cases rather than to misjoin Defendants in a single case. Given that there is no allegation of coordination, nor any other reason to believe that the claim otherwise arises out of the same transaction or series of transactions, the case is not properly joined. See Estee Lauder Cosmetics Ltd. v. Partnerships and Unincorp. Assocs. Identified on Schedule A, 334 F.R.D. 182, 187-88 (N.D. Ill. 2020). Instead, the Defendants must be split into five cases against (1) WalMart, Inc. and Wal-Mart.com USA, LLC; (2)The Stocktrek Corporation; (3) Pixels.com, LLC; (4) Amazon.Com, Inc. and Amazon.com Services, LLC; and (5) Posterazzi Corp. Given the potential statute oflimitations issues, the proper way to cure the misjoinder is to direct the Clerk of Court to open four other cases and randomly assign them in the ordinary course. The Court will retain the case against WalMart, Inc. and Wal-Mart.com USA, LLC. So the Court directs the Clerk of Court to open four other cases and docket the current Complaint, R. 1, as the complaint in those cases. The cases shall be captioned (A) Nicholas Giovannelli v. The Stocktrek Corporation; (B) NicholasGiovannelli v. Pixels.com, LLC; (C) Nicholas Giovannelli v. Amazon.Com, Inc. and Amazon.com Services, LLC; and (D) Nicholas Giovannelli v. Posterazzi Corp. The filing fees shall be due in each case. With regard to this case against the WalMart Defendants, the following discovery schedule is set. Rule 26(a)(1) disclosures due 05/20/2022. The first round of written discovery requests must be issued by 06/03/2022. Fact discovery, including any treating health care providers (if any), must be completed by 02/13/2023. 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. Rule 16(b) deadline to add parties or amend pleadings is 11/21/2022. The deadline to serve subpoenas is 11/07/2022, absent good cause (e.g., genuine surprise despite due diligence). By 01/09/2023, 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. The Court will set any retained-expert schedule later. The tracking status hearing of 04/29/2022 is reset to 07/22/2022 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 07/14/2022. Signed by the Honorable Edmond E. Chang on 4/26/2022. Mailed notice. (kl, )
|
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number 2021 L 000144 filed by Nicholas Giovannelli (Attachments: #1 Exhibit 1, #2 Exhibit 2)(kl, ) |
| 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. (kl, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Sunil R. Harjani. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (kl, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
