Munoz Marquez v. Bimbo Bakeries USA, Inc. et al
| Adrian Munoz Marquez |
| Bimbo Bakeries USA, Inc., Bimbo Bakeries, Inc., Bimbo Food Bakeries Distribution, LLC, Bimbo QSR Chicago, LLC and Bimbo QSR US, LLC |
| 1:2022cv04759 |
| September 6, 2022 |
| US District Court for the Northern District of Illinois |
| Jorge L Alonso |
| Heather K McShain |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 17, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 19 Answer and Affirmative Defense to Plaintiff's Amended Complaint ANSWER to amended complaint by Bimbo Bakeries USA, Inc.(Donnelly, Daniel) |
| Filing 18 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report #17 and enters the parties' proposed discovery schedule: initial disclosures due by 11/23/2022; written discovery requests to issue by 12/23/2022; fact discovery to close by 07/31/2023; plaintiff to make Fed. R. Civ. P. 26(a)(2) disclosures by 09/29/2023 and plaintiff's expert depositions to proceed by 10/31/2023; defendant to make Fed. R. Civ. P. 26(a)(2) disclosures by 12/31/2023 and defendant's expert depositions to proceed by 01/31/2024; plaintiff to make any disclosure of rebuttal reports by 2/15/2024 and any deposition of rebuttal witnesses to proceed by 02/29/2024. Joint status report due on 01/13/2023 to update the Court on: (a) the progress of discovery; (b) the status of settlement discussions (if any); and (c) any other issues the parties wish to raise with the Court. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) |
| Filing 17 STATUS Report (Joint) by Adrian Munoz Marquez (Holden, Michael) |
| Filing 16 MINUTE entry before the Honorable Heather K. McShain: Defendant Bimbo Bakeries USA, Inc.'s unopposed motion for extension of time to file answer #14 is granted. Defendant's answer is due 10/17/2022. The Court also strikes the 10/18/2022 presentment hearing noticed by Defendant #15 . As stated on the Court's webpage, the undersigned has temporarily suspended the requirement that parties notice motions for presentment. Joint status report deadline of 10/17/2022 #12 stands. Mailed notice. (pk, ) |
| Filing 15 Notice of Unopposed Motion NOTICE of Motion by Daniel John Donnelly for presentment of motion for extension of time to file answer #14 before Honorable Heather K. McShain on 10/18/2022 at 08:30 AM. (Donnelly, Daniel) |
| Filing 14 MOTION by Defendant Bimbo Bakeries USA, Inc. for extension of time to file answer (Attachments: #1 Notice of Unopposed Motion)(Donnelly, Daniel) |
| Filing 13 AMENDED complaint by Adrian Munoz Marquez against Bimbo Bakeries USA, Inc. and terminating Bimbo QSR Chicago, LLC, Bimbo QSR US, LLC, Bimbo Bakeries, Inc. and Bimbo Food Bakeries Distribution, LLC (Holden, Michael) |
Filing 12
MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain on consent of the parties to conduct all further proceedings #8 , #11 . The Court has reviewed Defendants' amended notice of removal #9 and jurisdictional memorandum #10 that were ordered by Judge Alonso #7 . Upon review of the amended notice and memorandum, the Court is satisfied that complete diversity exists and that the Court has subject matter jurisdiction. The Court also understands from the Defendants' memorandum that they do not intend to assert fraudulent joinder. The Court notes that, based on the amended removal notice date of 09/27/2022, Defendants' answer or response to the Complaint is technically due 10/04/2022. However, in light of the Court requiring a jurisdictional memo and amended notice, the Court will grant Defendants a further extension until 10/11/2022 to answer or otherwise respond to the complaint. If Defendants require additional time, they must meet and confer with Plaintiff and file a motion for an extension. Additionally, by 10/17/2022, the parties shall meet and confer and file a joint status report in accordance with Judge McShain's Standing Order For Initial Status Report (available on Judge McShain's webpage by clicking the link "Initial Status Conference"). Mailed notice. (pk, )
|
|
Filing 11
ORDER REASSIGNING: Case reassigned to the Honorable Heather K. McShain, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Jorge L. Alonso no longer assigned to the case. Signed by Honorable Jorge L. Alonso on 09/29/2022.(rc, )
|
| Filing 10 MEMORANDUM amended document #9 by Bimbo Bakeries USA, Inc., Bimbo Bakeries, Inc., Bimbo Food Bakeries Distribution, LLC, Bimbo QSR Chicago, LLC, Bimbo QSR US, LLC Jurisdictional Memorandum (Donnelly, Daniel) |
| Filing 9 AMENDED notice of removal, #1 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Donnelly, Daniel) |
| Filing 8 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Donnelly, Daniel) |
|
Filing 7
ORDER: The Court grants defendants 28 days in which to file an amended notice of removal lest this case be remanded for want of jurisdiction. To the extent defendants intend to rely on a fraudulent joinder theory to establish subject matter jurisdiction, they must also file, concurrently with their amended notice of removal, a jurisdictional memorandum explaining why there is no reasonable possibility of plaintiff prevailing against any potentially nondiverse defendant in this case. Signed by the Honorable Jorge L. Alonso on 9/12/2022. Notice mailed by Judge's staff (lf, )
|
| Filing 6 ATTORNEY Appearance for Plaintiff Adrian Munoz Marquez by Michael Elliot Holden (Holden, Michael) |
| Filing 5 ATTORNEY Appearance for Defendants Bimbo Bakeries USA, Inc., Bimbo Bakeries, Inc., Bimbo Food Bakeries Distribution, LLC, Bimbo QSR Chicago, LLC, Bimbo QSR US, LLC by Kyle Stephen Blair (Blair, Kyle) |
| Filing 4 MAILED Notice of Removal letter to counsel of record. (rc, ) |
| 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. (rc, ) |
| Filing 3 ATTORNEY Appearance for Defendants Bimbo Bakeries USA, Inc., Bimbo Bakeries, Inc., Bimbo Food Bakeries Distribution, LLC, Bimbo QSR Chicago, LLC, Bimbo QSR US, LLC by Daniel John Donnelly (Donnelly, Daniel) |
| Filing 2 CIVIL Cover Sheet (Donnelly, Daniel) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, IL, case number (2022L006922) filed by Bimbo Bakeries USA, Inc., Bimbo Bakeries, Inc., Bimbo Food Bakeries Distribution, LLC, Bimbo QSR Chicago, LLC, Bimbo QSR US, LLC Filing fee $ 402, receipt number AILNDC-19810536. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Donnelly, Daniel) |
| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (jb, ) |
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.
