Midone v. PEPSICO, INC.
| Nicolae Midone |
| PEPSICO, INC. |
| 1:2022cv04302 |
| August 15, 2022 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 13 MINUTE entry before the Honorable Gary Feinerman:Motion to remand #12 is denied. Jurisdiction is measured as of the date of removal, see Oshana v. Coca-Cola co., 472 F.3d 506, 510-11 (7th Cir. 2006), and the notice of removal #2 establishes that the amount-in-controversy exceeded $75,000 as of that date. Mailed notice. (jlj, ) |
| Filing 12 MOTION by Plaintiff Nicolae Midone to remand to Circuit Court of Cook County (Long, Andrew) |
| Filing 11 MINUTE entry before the Honorable Gary Feinerman:Rule 26(a)(1) disclosures shall be served by 9/30/2022. Written discovery requests shall be served by 10/7/2022. Motions to amend the pleadings and add new parties shall be filed by 4/8/2023. Fact discovery shall be completed by 6/30/2023. Rule 26(a)(2) disclosures shall be served by 7/28/2023. Experts shall be deposed by 8/25/2023. Dispositive motions shall be filed by 9/29/2023. The status hearing set for 9/12/2022 #5 is stricken and re-set for 12/16/2022 at 9:15 a.m. By 12/9/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 12/16/2022 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 10 STATUS Report Joint initial by Nicolae Midone (Long, Andrew) |
| Filing 9 ANSWER to Complaint by PEPSICO, INC.(Porter, Todd) |
| Filing 8 ATTORNEY Appearance for Plaintiff Nicolae Midone by Andrew J. Long (Long, Andrew) |
| Filing 7 MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss #6 is denied. The complaint puts Defendant on fair notice of the contours of Plaintiff's premises liability claim, and there is no need for the complaint to provide more specifics regarding Plaintiff's alleged damages. Also, contrary to Defendant's assumption, a complaint need not plead any legal theory. See, e.g., Miranda v. Cnty. of Lake, 900 F.3d 335, 345 (7th Cir. 2018). Defendant shall answer the complaint by 9/6/2022.Mailed notice. (jlj, ) |
| Filing 6 MOTION by Defendant PEPSICO, INC. to dismiss Plaintiff's Complaint (Attachments: #1 Exhibit 1)(Porter, Todd) |
| Filing 5 MINUTE entry before the Honorable Gary Feinerman:Initial status hearing set for 9/12/2022 at 9:00 a.m. Initial Status Report shall be filed by 9/6/2022. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov) for details on the Initial Status Hearing and Initial Status Report. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| 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, ) |
| MAILED Notice of Removal letter to Andrew J. Long. (daj, ) |
| Filing 4 ATTORNEY Appearance for Defendant PEPSICO, INC. by John William Patton, Jr (Patton, John) |
| Filing 3 ATTORNEY Appearance for Defendant PEPSICO, INC. by Todd M. Porter (Porter, Todd) |
| Filing 2 NOTICE of Removal from Cook County Circuit Court, case number (2022L005714) filed by PEPSICO, INC. Filing fee $ 402, receipt number AILNDC-19743408. (Porter, Todd) |
| Filing 1 CIVIL Cover Sheet (Porter, Todd) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (smb, ) |
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| Plaintiff: Nicolae Midone | |
| Represented By: | Andrew J. Long |
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| Defendant: PEPSICO, INC. | |
| Represented By: | John William Patton, Jr. |
| Represented By: | Todd M. Porter |
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