Kim et al v. Chemglass, Inc. et al
| Dalton Kim and Anne-Sophie Kim |
| Chemglass, Inc., Chemglass Life Sciences, LLC and Unknown Manufacturer |
| Northwestern University and Master Appliance Corp |
| 1:2022cv05689 |
| October 17, 2022 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Defendant |
Docket Report
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| Filing 19 MINUTE entry before the Honorable Joan B. Gottschall: Pursuant to the plaintiffs' stipulation of dismissal #18 , this case is dismissed without prejudice. The parties shall bear their own costs and fees. Civil case terminated. Mailed notice (mjc, ) |
| Filing 18 STIPULATION of Dismissal (Williams, Hanson) |
| Filing 17 MINUTE entry before the Honorable Joan B. Gottschall: Although it takes no formal position on the parties' proposal to remand this case to state court so that it can be voluntarily dismissed there, respondent in discovery Northwestern University ("Northwestern") states #16 that a remand would be "unusual if not improper and seemingly contrary to the interests of judicial economy." The court agrees that its statutory authority to remand this case is not apparent given that no party has suggested that this court lacks subject matter jurisdiction or that the removal of this case was procedurally improper. See 28 U.S.C. 1447(c). As Northwestern observes, this case can be voluntarily dismissed in this court by filing either a stipulation of dismissal complying with Fed. R. Civ. P. 41(a)(1)(A)(ii) or a motion to dismiss the case voluntarily under Fed. R. Civ. P. 41(a)(2). If no such stipulation or motion has been filed by 12/12/2022, a status report is due on that date.Mailed notice (mjc, ) |
| Filing 16 Statement of Position on Request for Remand to State Court STATEMENT by Northwestern University (Schoon, Eugene) |
| Filing 15 MINUTE entry before the Honorable Joan B. Gottschall: Defendants Chemglass, Inc., and Chemglass Life Sciences, LLC ("Chemglass defendants"), have filed a status report #13 in which their attorney represents that plaintiffs' counsel recently advised that he intends to dismiss this action voluntarily in state court in its entirety pursuant to 735 ILCS 5/2-1009. Chemglass defendants "respectfully request that its [sic] Notice of Removal be withdrawn and that the matter be remanded... so that plaintiffs may file their Motion to Voluntarily Dismiss the case." Respondent in discovery Northwestern University has appeared #5 but did not join the status report. Appearances are not on file for any other party. If Northwestern University or any non-appearing party objects to the proposed remand, they must inform the court on or before 11/18/2022. Mailed notice (mjc, ) |
| Filing 14 NOTICE by Chemglass, Inc. (Williams, Hanson) |
| Filing 13 STATUS Report by Chemglass, Inc. (Williams, Hanson) |
| Filing 12 NOTICE of Correction regarding no civil cover sheet 11 . (rc, ) |
| Filing 11 Entered in Error. (rc, ) Modified on 11/8/2022 (rc, ). |
Filing 10
ORDER: An initial status report and, if appropriate, case management plan is due on or before November 16, 2022. In conformity with General Order 21-0027 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing and for requirements for status reports and discovery plans during the COVID-19 pandemic. No Rule 26(f) discovery plan should be submitted until all plaintiffs have been served. If all plaintiffs have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 11/7/2022. Mailed notice(mjc, )
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| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chemglass Life Sciences, LLC (Williams, Hanson) |
| Filing 8 CIVIL Cover Sheet (Williams, Hanson) |
| Filing 7 MINUTE entry before the Honorable Joan B. Gottschall: On 10/18/2022, the Executive Committee ordered 2 removing defendant Chemglass, Inc. ("Chemglass"), to file the designation sheet (a.k.a. civil cover sheet) required by Local Rule 3.1 on or before 11/1/2022. This court's minute entry #4 of 10/21/2022 states, "All parties must file the notice of affiliates required by Local Rule 3.2 before the court can take any action." The deadline has come and gone, and Chemglass has not yet filed a civil cover sheet or notice of affiliates. The court needs these documents, inter alia, to determine whether it can proceed to hear this case. On or before 11/9/2022, Chemglass must either file a civil cover sheet and notice of affiliates or show cause why this case should not be remanded to the Circuit Court of Cook County, Illinois, for failure to obey a pretrial order, specifically the Executive Committee's order 2 dated 10/18/2022. See Fed. R. Civ. P. 16(f)(1)(C). Mailed notice (mjc, ) |
| Filing 6 Respondent in Discovery Northwestern University's Rule 7.1 and Rule 3.2 Disclosure Statement STATEMENT by Northwestern University (Schoon, Eugene) |
| Filing 5 ATTORNEY Appearance for Respondent Northwestern University by Eugene A. Schoon (Schoon, Eugene) |
| Filing 4 MINUTE entry before the Honorable Joan B. Gottschall: All parties must file the notice of affiliates required by Local Rule 3.2 before the court can take any action. Mailed notice (mjc, ) |
| Filing 3 MAILED Notice of Removal letter to counsel of record. (rc, ) |
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Filing 2
ORDER: #Local Rule 3.1# requires at the time of filing a case, plaintiff's counsel, or if the case is filed pro se, the plaintiff shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Chemglass, Inc. is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (kra, )
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| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (kra, ) |
| 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. (kra, ) |
| Filing 1 NOTICE of Removal from Cook County Circuit Court, Illinois, case number (2022L006954) filed by Chemglass, Inc. Filing fee $ 402, receipt number AILNDC-19953043. (Williams, Hanson) |
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