Gustafson v. Future Motion, Inc.
| James Pate Gustafson |
| Future Motion, Inc. and Zion Cyclery, Inc. |
| 1:2022cv02632 |
| May 18, 2022 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Gabriel A Fuentes |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 56 MINUTE entry before the Honorable Gabriel A. Fuentes: With the district court having stayed proceedings for now pending transfer and MDL coordination (doc. #55 ), the 9/28/23 written status report is vacated. The referral is terminated, subject to re-referral as appropriate. Judge Honorable Gabriel A. Fuentes no longer referred to the case. Mailed notice. (lxk, ) |
| Filing 55 MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 9/20/2023. Counsel for plaintiff did not appear nor contact the Court. Defendant Future Motion, Inc.'s motion to stay proceedings pending transfer and coordination decision by the Judicial Panel on Multidistrict Litigation #48 is granted. As counsel for defendant stated on the record and the Panel having not submitted to this Court a Conditional Transfer Order, defendant's motion for transfer of actions to the United States District Court for the Middle District of Florida pursuant to 28 U.S.C. 1407 for coordinated or consolidates pretrial proceedings and request for oral arguments #50 is stricken as moot. Mailed notice. (ym) |
| Filing 54 MINUTE entry before the Honorable Gabriel A. Fuentes: Defendant's motion for MDL transfer (doc. #50 ), though "presented to the magistrate judge," is beyond the scope of the discovery referral (doc. #20 ) and is left to the district court. Mailed notice. (lxk, ) |
| Filing 53 AMENDED PROOF of Service. by Future Motion, Inc. (Document does not contain case number) (aee, ) |
| Filing 52 REASONS why oral argument should be heard by Future Motion, Inc (Exhibits). (aee, ) (Document does not contain case number) Modified on 9/19/2023 (aee, ). |
| Filing 51 MEMORANDUM in support of defendant Future Motion, Inc.'s motion to transfer actions pursuant to 28 U.S.C. 1407 for coordinated pretrial proceedings (Exhibits). (aee, ) (Document does not contain case number) Modified on 9/19/2023 (aee, ). |
| Filing 50 MOTION by Defendant Future Motion, Inc. for transfer of actions to the United States District Court for the Middle District of Florida pursuant to 28 U.S.C. 1407 for coordinated pretrial proceedings. (Document does not contain case number) Presented before Magistrate Judge (aee, ) Modified on 9/19/2023 (aee, ). |
| Filing 49 LETTER from John J Wackman dated 9/8/23. (aee, ) |
| Filing 48 MOTION by Defendant Future Motion, Inc. to stay Stay Proceedings Pending JPML Establishment of MDL Presented before District Judge (Attachments: #1 Exhibit A, #2 Notice of Filing Notice of Motion to Stay, #3 Text of Proposed Order)(McCaskey, Michael) |
| Filing 47 MINUTE entry before the Honorable Gabriel A. Fuentes: The district court having extended fact discovery to 11/17/23, the 9/28/23 joint status report on discovery progress and settlement status (and including a proposed expert discovery schedule, if any is still contemplated) stands and should state any reason why the 11/17/23 fact cutoff should not be declared final. Mailed notice. (lxk, ) |
| Filing 46 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 8/7/2023. The Court extend the fact discovery deadline to 11/17/2023. Mailed notice. (ym) |
| Filing 45 MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing set for 8/7/2023 at 9:30 AM is reset to 10:15 AM (NOTE TIME CHANGE ONLY) and will proceed as an in-person hearing in courtroom 1241. Mailed notice. (ym,) |
| Filing 44 MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' joint discovery status report (doc. #43 ), no adjustment is made to the discovery schedule, and the next joint status report on discovery completion is due by noon on 9/28/23. Mailed notice. (lxk, ) |
| Filing 43 STATUS Report Parties' Joint Status Report by Future Motion, Inc. Presented before Magistrate Judge (Curtis, Kathleen) |
| Filing 42 MINUTE entry before the Honorable Gabriel A. Fuentes: The parties are directed to review and comply with the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, available on the Court's website and revised as of 5/31/23, with the most recent revisions concerning the use of generative artificial intelligence in the preparation of documents filed with the magistrate judge under any applicable referral, or all filed documents if the matter is before the magistrate judge on consent. Mailed notice. (lxk, ) |
| Filing 41 AGREED CONFIDENTIALITY Order. Signed by the Honorable Gabriel A. Fuentes on 2/1/2023. Mailed notice. (lxk, ) |
| Filing 40 MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the 1/31/23 status report (doc. #39 ), no adjustments are made to the discovery schedule, including the fact cutoff of 9/29/23. The next joint status report on discovery progress is due by noon on 6/22/23. On defendant's agreed motion for protective order (doc. #38 ), the motion is granted, and the protective order in the form attached to the motion as Exhibit C will be entered. Enter Agreed Confidentiality Order. Mailed notice. (lxk, ) |
| Filing 39 STATUS Report Parties' Joint Status Report by Future Motion, Inc. (Curtis, Kathleen) |
| Filing 38 MOTION by Defendant Future Motion, Inc. for protective order Agreed Stipulation and Protective Order - Confidential Designations (Attachments: #1 Exhibit Future Motion Inc.'s Exhibits to Motion for Entry of Protective Order of Documents)(Curtis, Kathleen) |
| Filing 37 MINUTE entry before the Honorable Sharon Johnson Coleman: Pursuant to the stipulation of dismissal #35 , this case is dismissed without prejudice and without costs as to defendant Zion Cyclery, Inc. only. Mailed notice. (ym, ) |
| Filing 36 MINUTE entry before the Honorable Gabriel A. Fuentes: Amid the dismissal of Zion Cyclery (doc. #35 ), the fact discovery schedule holds, but the Court requests the parties to address, in their 1/31/23 status report still due, the continued need if any for a fact discovery cutoff of 9/29/23, which strikes the magistrate judge as long, perhaps more so now that Zion Cyclery is out of the case, perhaps less so in view of medical fact discovery. The report should state what discovery remains and whether it might be completed on a shorter timetable. Mailed notice. (lxk, ) |
| Filing 35 STIPULATION of Dismissal of Defendant Zion Cyclery, Inc. (Curtis, Kathleen) |
| Filing 34 MINUTE entry before the Honorable Gabriel A. Fuentes: Defendant's stipulation and protective order (doc. #33 ) is construed as an agreed motion for entry of an agreed confidentiality order. The motion is denied without prejudice, in that the proposed order deviates significantly from the Court's model order and contains no acknowledgement that confidential materials filed with the Court may not be sealed unless upon a motion to seal that meets the applicable Seventh Circuit standards for the sealing of filed discovery materials. The parties may renew the motion by filing an actual motion, with the proposed agreed confidentiality order attached as an exhibit, and after reviewing the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes (and particularly its discussion of protective orders), available on the Court's website. Mailed notice. (lxk, ) |
| Filing 33 MOTION by Defendant Future Motion, Inc. for protective order Agreed Stipulation and Protective Order - Confidential Designations (Curtis, Kathleen) |
| Filing 32 Corporate Disclosure STATEMENT by Future Motion, Inc., Zion Cyclery, Inc. Pursuant to FRCP 7.1 and Local Rule 3.2 (Barry, Caitlin) |
| Filing 31 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 30 MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the joint status report (doc. #29 ), no adjustment to the discovery schedule is made, and the deadline for filing motions to compel concerning written discovery is extended to noon on 12/15/22. A further joint written status report on discovery progress and settlement status, including whether enough discovery has been had to warrant a settlement conference, is due by noon on 1/31/23. Mailed notice. (lxk, ) |
| Filing 29 STATUS Report Parties' Joint Status Report by Future Motion, Inc. (Barry, Caitlin) |
| Filing 28 ATTORNEY Appearance for Defendants Future Motion, Inc., Zion Cyclery, Inc. by Caitlin Marie Barry (Barry, Caitlin) |
| Filing 27 AGREED HIPAA QUALIFIED PROTECTIVE ORDER. Signed by the Honorable Gabriel A. Fuentes on 9/7/2022. Mailed notice.(jj, ) |
| Filing 26 MINUTE entry before the Honorable Gabriel A. Fuentes: Defendants' routine motion for entry of HIPAA Qualified Protective Order (doc. #25 ) is granted. Enter Agreed HIPAA Qualified Protective Order. Mailed notice. (jj, ) |
| Filing 25 MOTION by Defendant Future Motion, Inc. for protective order (HIPAA) (Attachments: #1 Proposed Agreed HIPAA Order)(McCaskey, Michael) |
| Filing 24 Mailing Notice-Certificate of Service-Rule 26(a)(1) Initial Disclosures by James Pate Gustafson (Comeau, David) |
| Filing 23 Pltf Reply to Affirm. Def of Zion to CAL by James Pate Gustafson (Comeau, David) |
| Filing 22 Notice of Filing-COS by James Pate Gustafson (Comeau, David) |
| Filing 21 MINUTE entry before the Honorable Gabriel A. Fuentes: This matter coming before the magistrate judge on referral (doc. #20 ) for discovery supervision and settlement, the Court has reviewed the parties' status report (doc. #17 ) and the district court's discovery scheduling order (doc. #19 ). No adjustments to the discovery schedule are made. A joint written status report is due and to be filed at noon on 12/2/22 addressing the progress of discovery and the scheduling of depositions. The setting of an expert discovery schedule is deferred until later in fact discovery, but the parties are advised to begin consideration of experts and opinion subject matters now. Motions to compel (or for protective order) concerning written discovery are due and to be filed by noon on 12/2/22. The parties are further directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes and the Top Ten Ways to Defeat Settlement, both available on the Court's website. Insofar as the parties indicated they may be interested in participating in a settlement conference after certain "initial" fact discovery, the parties are kindly requested, if they at any time decide they wish to engage in a settlement conference, to contact the courtroom deputy, Jenny Jauregui, at 312-818-6514 to initiate the scheduling. Mailed notice. (jj, ) |
| Filing 20 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: discovery supervision and settlement conference. Mailed notice. (ym, ) |
| Filing 19 MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing held on 8/8/2022. Initial Rule 26 disclosures due by 8/31/2022. Issuance of initial written discovery by 9/30/2022. Fact discovery to be completed by 9/29/2023. Case is referred to Magistrate Judge Fuentes for discovery supervision and settlement. Status hearing is set for 8/7/2023 at 9:30 AM. Mailed notice. (ym, ) |
| Filing 18 MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing set for 8/8/2022 at 9:45 AM is reset to 9:00 AM (NOTE TIME CHANGE ONLY). The call-in number is (877)336-1829 and the access code is 5205245. 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. (ym, ) |
| Filing 17 STATUS Report Parties' Joint Initial Status Report by Future Motion, Inc. (McCaskey, Michael) |
| Filing 16 ATTORNEY Appearance for Defendant Zion Cyclery, Inc. by Kathleen K Curtis (Curtis, Kathleen) |
| Filing 15 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant Zion Cyclery, Inc.'s agreed motion and stipulation to extend time to answer #12 is granted. No appearance necessary on 8/5/2022. Mailed notice. (ym, ) |
| Filing 14 ANSWER to Complaint with Jury Demand by Zion Cyclery, Inc.(McCaskey, Michael) |
| Filing 13 NOTICE of Motion by Michael Alexander McCaskey for presentment of motion for extension of time to file answer #12 before Honorable Sharon Johnson Coleman on 8/5/2022 at 09:45 AM. (McCaskey, Michael) |
| Filing 12 MOTION by Defendant Zion Cyclery, Inc. for extension of time to file answer pursuant to Stipulation (Attachments: #1 Exhibit Answer and Affirmative Defenses)(McCaskey, Michael) |
| Filing 11 ATTORNEY Appearance for Defendant Zion Cyclery, Inc. by Michael Alexander McCaskey (McCaskey, Michael) |
| Filing 10 MINUTE entry before the Honorable Sharon Johnson Coleman: Telephone status hearing set for 8/1/2022 is stricken and reset to 8/8/2022 at 9:45 AM. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 days prior to the status. The call-in number is (877)336-1829 and the access code is 5205245. 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. (ym, ) |
| Filing 9 ATTORNEY Appearance for Plaintiff James Pate Gustafson by David J. Comeau (Comeau, David) |
| Filing 8 ATTORNEY Appearance for Defendant Future Motion, Inc. by Kathleen K Curtis (Curtis, Kathleen) |
| ALIAS Summons Issued as to Defendant Zion Cyclery, Inc.. (emc, ) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Future Motion, Inc. (McCaskey, Michael) |
| Filing 6 ANSWER to Complaint with Jury Demand by Future Motion, Inc.(McCaskey, Michael) |
| SUMMONS Issued as to Defendant Zion Cyclery, Inc. (jk2, ) |
| Filing 5 MAILED Notice of Removal letter to D Jeffrey Comeau (daj, ) |
| Filing 4 MINUTE entry before the Honorable Sharon Johnson Coleman: This case has been assigned to the calendar of Judge Sharon Johnson Coleman. Telephone status hearing is set for 8/1/2022 at 9:30 AM. The call-in number is (877)336-1829 and the access code is 5205245. 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. Defendant is directed to advise the Plaintiff of the status hearing forthwith. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 days prior to the status. The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge. If the parties agree to consent jurisdiction before the Magistrate Judge, all parties must sign the consent form and electronically file the signed form on the case docket. The court encourages the parties to review this court's website for its standing orders prior to contacting chambers. Mailed notice. (ym, ) |
| 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. (daj, ) |
| Filing 3 CIVIL Cover Sheet (McCaskey, Michael) |
| Filing 2 ATTORNEY Appearance for Defendant Future Motion, Inc. by Michael Alexander McCaskey (McCaskey, Michael) |
| Filing 1 NOTICE of Removal from Circuit Court of Lake County, case number (22L00000121) filed by James Pate Gustafson Filing fee $ 402, receipt number AILNDC-19479795. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McCaskey, Michael) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (ey, ) |
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