Madrigal v. Menard, Inc.
| Patricia Madrigal |
| Menard, Inc. |
| 1:2022cv05153 |
| September 21, 2022 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cole |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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| Document Text |
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| Filing 18 CERTIFICATE of Service 26(a)(1) Disclosures by Christopher James Goril on behalf of Patricia Madrigal (Goril, Christopher) |
| Filing 17 MINUTE entry before the Honorable Jeffrey Cole: In accordance with my Order of 10/21/22, the parties were tasked to file an updated fact discovery schedule, which was to include deposition dates for treating physicians, as well as an expert discovery schedule. They have done so, and that discovery schedule included in the status report #16 , is adopted. The new discovery schedule is as follows: Rule 26(a)(1) disclosures on or before 10/31/22; issuing the first set of written discovery on or before 11/14/22; Fact discovery (including depositions) to be completed by 5/25/23; Plaintiff to disclose expert(s), if any, pursuant to FRCP 26 on or before 6/26/23; Defendant to depose Plaintiff's expert(s), if any, on or before 7/26/23; Defendant to disclose expert(s), if any, pursuant to FRCP 26 on or before 8/28/23; Plaintiff to depose Defendant's expert(s), if any, on or before 9/28/23; Expert discovery (including depositions) to be completed by 9/28/23.Emailed notice (yt) |
| Filing 16 STATUS Report Joint Initial Status Report by Menard, Inc. (Trela, Meganne) |
| Filing 15 ATTORNEY Appearance for Plaintiff Patricia Madrigal by Christopher James Goril (Goril, Christopher) |
| Filing 14 MINUTE entry before the Honorable Jeffrey Cole: This case has been reassigned to this Court. The parties have filed a Joint Initial Status Report which includes a Fact discovery schedule as follows: Rule 26(a)(1) disclosures by 10/31/22; First set of written discovery by 11/14/22; Fact discovery (including depositions) to be completed by 3/23/23. Local Rule 16.1 provides that discovery must be completed not merely scheduled within the time set for discovery. While the Defendant "requests that the fact witness discovery closure date not include treating physicians so they can assess the possibility of filling a motion for summary judgment," the plaintiff has expressed no position on this aspect of the case. In any event, I do not think it appropriate or expeditious to postpone discovery in this one area. As Justice Frankfurter once observed, it "is impossible to forecast events still in the womb of time." Dennis v. United States, 341 U.S. 494, 551 (1951) (Frankfurter, J., concurring). Thus, a motion for summary judgment may never be filed and, if it is its resolution will be anything but certain as will be the timing of the court's opinion which may result in a denial of the motion, thereby leaving the case intact. Also, "the parties are unsure if expert discovery beyond the depositions of treating physicians are necessary at this time." In short, I do not think it prudent to make the schedule contingent on events that may never occur. Counsel are to submit a modified discovery schedule which will include depositions of treating physicians and a date for the completion of anticipated expert discovery, if any. And they should do so by 10/28/22. If the parties cannot agree on a reasonable discovery schedule, they should submit competing schedules. A video status conference is set for 1/5/23 at 9:30am. Instructions will be emailed to counsel. Members of the public and media will be able to call in to listen to this hearing. Please call (571) 353-2301, access code 509147929#. 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. Emailed notice (yt) |
Filing 13
ORDER REASSIGNING Case to the Honorable Jeffrey Cole pursuant to Local Rule 73.1 (C) for all further proceedings parties having consented to the reassignment. Honorable Mary M. Rowland no longer assigned to the case. Signed by Honorable Mary M. Rowland on 10/20/2022.(jh, )
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| Filing 12 STATUS Report Joint Initial Status Report by Menard, Inc. (Trela, Meganne) |
| Filing 11 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Trela, Meganne) |
| Filing 10 MINUTE entry before the Honorable Mary M. Rowland: On or before 10/19/22, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (dm, ) |
| Filing 9 ANSWER to Complaint with Jury Demand by Menard, Inc.(Trela, Meganne) |
| Filing 8 MAILED Notice of Removal Letter to Plaintiff's Counsel, Breen Goril. (jh, ) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Defendants (Trela, Meganne) |
| Filing 6 ATTORNEY Appearance for Defendant Menard, Inc. by Meganne Trela (Trela, Meganne) |
| Filing 5 NOTICE of Correction regarding entry 4 . (lw, ) |
| Filing 4 ENTERED IN ERROR. |
| 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. (jh, ) |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jb, ) |
| Filing 3 NOTICE of Removal from Circuit Court of Cook County, IL, case number (22 L 6195) filed by Menard, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Notice of Filing)(Andrews, W.) |
| Filing 2 CIVIL Cover Sheet (Andrews, W.) |
| Filing 1 ATTORNEY Appearance for Defendant Menard, Inc. by W. Anthony Andrews (Andrews, W.) |
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| Plaintiff: Patricia Madrigal | |
| Represented By: | Christopher James Goril |
| Represented By: | Breen Goril |
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| Defendant: Menard, Inc. | |
| Represented By: | W. Anthony Andrews |
| Represented By: | Meganne Trela |
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