Godinez v. All American Recycling Inc. et al
| Audel Godinez |
| All American Recycling Inc. and Mike Zumbon |
| 1:2022cv05929 |
| October 27, 2022 |
| US District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Heather K McShain |
| John J Tharp |
| Labor: Fair Standards |
| 05 U.S.C. § 704 Labor Litigation |
| Both |
Docket Report
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This docket was last retrieved on July 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 MINUTE entry before the Honorable Jeremy C. Daniel: In-person status hearing set for 7/18/2023 at 9:00 a.m. in Courtroom 1419. Mailed notice (vcf, ) |
| Filing 28 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0024: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeremy C. Daniel; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Jeremy C. Daniel; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeremy C. Daniel's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's criminal case assignment system twelve (12) months so that Judge Daniel shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeremy C. Daniel for all further proceedings. Honorable John J. Tharp, Jr no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/27/2023.(tg, ) |
| Filing 27 MINUTE entry before the Honorable John J. Tharp, Jr: Telephone status hearing held and continued to 7/11/23 at 9:00 a.m. Mr. Godinez did not appear for today's hearing. For reasons stated on the record, attorney Daniel I. Schlade's motion to withdraw as counsel for plaintiff #24 is granted. Mr. Schlade's appearance is terminated. Mr. Godinez has until the next status date to obtain new counsel or to appear pro se. If Mr. Godinez or his counsel does not appear at the next hearing, the case will be dismissed for want of prosecution. For instructions regarding participation in, or access to, the telephone hearing, see the standing order on telephone hearings on Judge Tharp's web page (https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==). The Clerk is directed to mail a copy of this Order to the plaintiff at the address noted on the Notification of Party Contact Information [24-1]. Mailed notice (air, ) |
| MAILED Plaintiff a copy of minute entry noted on the Notification of Party Contact Information [24-1] as directed. (air, ) |
| Filing 26 MINUTE entry before the Honorable John J. Tharp, Jr:Upon attorney Daniel I. Schlade's telephone request, the 6/1/23 motion to withdraw hearing is reset for 10:00 a.m. [TIME CHANGE ONLY]. Mailed notice (air, ) |
| Filing 25 MINUTE entry before the Honorable John J. Tharp, Jr:A telephone status hearing on attorney Daniel I. Schlade's motion to withdraw as counsel for plaintiff will be held on 6/1/2023 at 9:30 a.m. For instructions regarding participation in, or access to, the telephone hearing, see the standing order on telephone hearings on Judge Tharp's web page (https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==). Mailed notice (air, ) |
| Filing 24 MOTION by Attorney Daniel I. Schlade to withdraw as attorney for Audel Godinez. New address information: Audel Godinez, 1608 Partridge, Way Chesterton, Indiana 46304 Presented before Presiding Judge (Attachments: #1 Exhibit A - Notification of Party Contact Information)(Schlade, Daniel) |
| Filing 23 MINUTE entry before the Honorable Heather K. McShain: Telephonic status hearing held on 05/24/2023. Plaintiff's counsel reports that he has been unable to communicate with plaintiff in several weeks, despite multiple attempts to contact plaintiff by phone and email. As a result, plaintiff's counsel cannot respond to defendants' discovery requests. Plaintiff's counsel intends to file a motion to withdraw to be noticed before the District Judge. Due to plaintiff's counsel inability to contact plaintiff and with no objection from defendants, the Court will stay fact discovery to allow plaintiff's counsel sufficient time to initiate contact with plaintiff or withdraw from the case. Accordingly, all discovery dates are stricken #18 . A tracking status hearing is set for 06/22/2023 at 8:30 a.m. to track the case only (no appearances necessary, the case will not be called). Mailed notice. (pk, ) |
| Filing 22 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report #21 which reports plaintiff's counsel has been unable to contact plaintiff for the past several weeks and therefore, cannot respond to defendants' discovery requests. A telephonic status hearing is scheduled for 05/24/2023 at 8:30 a.m., at which time plaintiff's counsel should be prepared to update on his contact with plaintiff and plaintiff's intentions with respect to continuing to pursue the lawsuit. If plaintiff intends to continue to pursue the litigation, the parties should be prepared to discuss outstanding fact discovery. To participate in the telephonic status, the dial-in number is 888-684-8852, followed by access code 8623687#. 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. 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 21 STATUS Report by Audel Godinez (Schlade, Daniel) |
| Filing 20 MINUTE entry before the Honorable Heather K. McShain: The Court has reviewed the parties' joint status report #19 which reports parties exchanged initial disclosures and written discovery requests. Parties intend to respond to one another's requests by 04/13/2023. On settlement, parties believe written discovery will be necessary to facilitate settlement discussions. A joint status report is due 05/05/2023 to update the Court on the same items as in the instant status. 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 19 STATUS Report by Audel Godinez (Schlade, Daniel) |
| Filing 18 MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain for discovery scheduling and supervision, and settlement #17 . The Court has reviewed the parties' joint status reports #13 #15 which report parties exchanged initial disclosures and written discovery requests. The Court adopts parties' proposed discovery schedule. #13 3. Fact discovery to be completed by 08/31/2023. Plaintiff's expert disclosures due 9/29/2023. Defendants' expert disclosures due 11/30/2023. Expert discovery to be completed by 12/29/2023. A joint status report is due on 03/30/2023 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 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain for the purpose of holding proceedings related to: discovery scheduling, supervision and any settlement conference.(air, )Mailed notice. |
| Filing 16 MINUTE entry before the Honorable John J. Tharp, Jr: In light of the parties' joint status report #15 , this case is referred to the assigned Magistrate Judge for discovery scheduling and supervision, and for any settlement conference the parties may jointly wish to pursue. Mailed notice (air, ) |
| Filing 15 STATUS Report by Audel Godinez (Schlade, Daniel) |
| Filing 14 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to submit a further status report during the week of February 27, 2023. Mailed notice (air, ) |
| Filing 13 STATUS Report by Audel Godinez (Schlade, Daniel) |
| Filing 12 MOTION by Defendants All American Recycling Inc., Mike Zumbon for disclosure Corporate Disclosure Statement (Lanzito, Dominick) |
| Filing 11 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 10 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 01/05/2023. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 9 ANSWER to Complaint with Jury Demand and Affirmative Defenses by All American Recycling Inc., Mike Zumbon(Lanzito, Dominick) |
| Filing 8 SUMMONS Returned Executed by Audel Godinez as to Mike Zumbon on 11/5/2022, answer due 11/28/2022. (Schlade, Daniel) |
| Filing 7 SUMMONS Returned Executed by Audel Godinez as to All American Recycling Inc. on 11/5/2022, answer due 11/28/2022. (Schlade, Daniel) |
| Filing 6 MINUTE entry before the Honorable John J. Tharp, Jr:The defendants' unopposed motion for extension of time to answer or otherwise plead #4 is granted. The defendants' responsive pleading is due by 12/16/2022. Consistent with Tenth Amended General Order 21-0027, the requirement of noticing motions for presentment set forth in Local Rule 5.3(b) is suspended; accordingly, the defendants' notice hearing on 11/22/2022 is stricken. Mailed notice (air, ) |
| Filing 5 NOTICE of Motion by Dominick L Lanzito for presentment of motion for extension of time to file answer #4 before Honorable John J. Tharp Jr. on 11/22/2022 at 09:00 AM. (Lanzito, Dominick) |
| Filing 4 MOTION by Defendants All American Recycling Inc., Mike Zumbon for extension of time to file answer UNOPPOSED to Plaintiff's Complaint (Lanzito, Dominick) |
| Filing 3 ATTORNEY Appearance for Defendants All American Recycling Inc., Mike Zumbon by Dominick L Lanzito (Lanzito, Dominick) |
| Filing 2 ATTORNEY Appearance for Defendants All American Recycling Inc., Mike Zumbon by Paul A O'Grady (O'Grady, Paul) |
| Filing 1 COMPLAINT filed by Audel Godinez; Jury Demand. Filing fee $ 402, receipt number AILNDC-19987301. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Supplement)(Schlade, Daniel) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K McShain. Case assignment: Random assignment. (jb, ) |
| SUMMONS Issued as to Defendants All American Recycling Inc., Mike Zumbon (smb, ) |
| 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. (jb, ) |
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