Rainville v. WestRock Company
| Helene Rainville |
| WestRock Company |
| 1:2022cv06384 |
| November 15, 2022 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cole |
| John J Tharp |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 32 MINUTE entry before the Honorable Jeffrey Cole: The video status conference set for 9/20/23 is Rescheduled to 10/2/23 at 10:30am. 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 (650) 479-3207, access code 1807229989#. 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 31 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Derek S. Franklin's motion to withdraw as attorney for defendant #29 is granted. Counsel's appearance on the record is terminated. Mailed notice (air, ) |
| Filing 30 MINUTE entry before the Honorable Jeffrey Cole: Due to a conflict in the court's schedule, the video status conference set for 9/21/23 is stricken and reset to 9/20/23 at 1:30pm. 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 (650) 479-3207, access code 1807229989#. 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 29 MOTION by Attorney Derek S. Franklin to withdraw as attorney for WestRock Company. No party information provided Presented before District Judge (McFetridge, Jane) |
| Filing 28 MINUTE entry before the Honorable Jeffrey Cole: Video status conference held. Ms. Rainville is to provide immediately an email address for the use of this Court and for the use of defense counsel regarding this case. Ms. Rainville reports that she sent her computer to a company in Minnesota and that the company's initial evaluation informed her that no information could be recovered. However, it was sent to the "clean room" within the same company, and she is awaiting their evaluation. That evaluation should be provided to defense counsel immediately upon receipt, if it written form. If the notification is oral, the plaintiff will immediately provide defense counsel with the name of the person providing the evaluation and the date on which it occurred as well as its content. Ms. Rainville was ordered to insure that the computer was not disposed of and to have it returned to her and that she was to maintain the computer in her possession pending further order of Court. She agreed. Ms. Rainville will provide immediately to defense counsel, the name of the company to which she sent the computer and written authorization, that will allow defense counsel to obtain the results of any analysis done by the company evaluating the computer. The foregoing requirement regarding permission from the plaintiff shall be in writing and shall be provided immediately to defense counsel. The next video status conference is set for 9/21/23 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 (650) 479-3207, access code 1807229989#. 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. Should any issues arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Emailed notice (yt) |
| Filing 27 AFFIDAVIT of Helene Rainville. (jn, ) |
| Filing 26 Discovery Documents by WestRock Company PLAINTIFF'S DISCOVERY REQUESTS AND DEFENDANT'S RESPONSES THEREOF (Attachments: #1 Exhibit Plaintiff's First Set of Combined Discovery Requests, #2 Exhibit Defendant's Responses & Objections to Plaintiff's First Set of Requests for Admission, #3 Exhibit Defendant's Answers & Objections to Plaintiff's First Set of Interrogatories, #4 Exhibit Defendant's Responses & Objections to Plaintiff's First Set of Requests for Production of Documents)(McFetridge, Jane) |
| Filing 25 MINUTE entry before the Honorable Jeffrey Cole: At the Court's instance, the video status conference set for 6/28/23 is RESCHEDULED for 7/13/23 at 9:00am. 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 (650) 479-3207, access code 1807229989#. 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 24 MINUTE entry before the Honorable Jeffrey Cole: Video status conference held. Within two weeks from today, by 6/14/23, the plaintiff is to file a Declaration under oath setting forth the difficulties with her computer that were discussed in today's conference. By 6/19/23, the plaintiff is to provide whatever outstanding discovery, if any, that is properly producible, other than that which is on her computer discussed today. The defendant has represented that it has responded to the discovery requests by the plaintiff that it deems proper under the Federal Rules of Civil Procedure. Counsel for the defendant explained that in their view, many of the discovery requests were improper and exceeded what is allowable under the Rules. Counsel for the defendant shall file on the record no later than 6/7/23, the discovery requests made by the plaintiff and the defendant's written responses. The parties are reminded that the Local Rules require that parties have a personal discussion regarding claimed inadequacy of discovery responses before any discovery related motion can be brought. While I realize that the litigation is complicated somewhat by the fact that the plaintiff is appearing pro se, pro se parties are not exempt from compliance from rules of procedure. McNeil v. United States, 508 US 106, 113 (1993); Platt v. Department of Education, 775 F. Appx. 253, 255 (7th Cir. 2019); Moore v. Pipefitters Ass'n Local Union 597, U.A., 306 F.R.D. 187, 195 (N.D. ILL. 2014) (collecting cases). The next video status is set for 6/28/23 at 10:30am. 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 (650) 479-3207, access code 1807229989#. 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 23 ATTORNEY Appearance for Defendant WestRock Company by John Casey Leech APPEARANCE (Leech, John) |
| Filing 22 MINUTE entry before the Honorable Jeffrey Cole: The Defendant's Motion To Stay Discovery #21 is denied. Motions to partially dismiss a Complaint do not generally warrant a stay of discovery, at least in the usual circumstances. It certainly does not here, as discovery is not scheduled to end until December. Emailed notice (yt) |
| Filing 21 MOTION by Defendant WestRock Company to stay discovery pending ruling on Motion to Dismiss Portions of Plaintiff's Complaint. (Franklin, Derek) |
| Filing 20 MINUTE entry before the Honorable Jeffrey Cole: At the Court's instance, the video status conference set for 4/3/23 is cancelled and RESCHEDULED for 5/31/23 at 10:30am. 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 (650) 479-3207, access code 1807229989#. 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 19 RESPONSE by WestRock Companyin Support of MOTION by Defendant WestRock Company to dismiss DEFENDANT WESTROCK COMPANY'S MOTION TO DISMISS PORTIONS OF PLAINTIFF'S COMPLAINT #12 (Franklin, Derek) |
| Filing 18 RESPONSE by Helene Rainville to MOTION by Defendant WestRock Company to dismiss DEFENDANT WESTROCK COMPANY'S MOTION TO DISMISS PORTIONS OF PLAINTIFF'S COMPLAINT #12 . (ph, ) |
| Filing 17 MINUTE entry before the Honorable Jeffrey Cole: Judge Tharp has referred the case here for discovery scheduling, supervision and any settlement conference. #15 and #16 . Per the Joint Initial Status Report #14 and Judge Tharp's Order #15 , the discovery schedule is as follows: Rule 26(a)(1) initial disclosures due 2/24/23; written discovery due 3/24/23; fact discovery closes (including depositions) 12/1/23; Local Rule 16.1, provides that discovery must be completed not merely scheduled within the time set for discovery. Plaintiff's expert disclosures due 1/15/24; defendant's expert disclosures due 2/15/24; expert discovery (including depositions) closes 3/29/24; dispositive motions due 5/1/24. Counsel should submit a joint status report every 3 months, specifically detailing the progress of discovery for the reporting period. A video status conference is set for 4/3/23 at 10:00am. 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 (650) 479-3207, access code 1807229989#. 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 16 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery scheduling, supervision and any settlement conference.(air, )Mailed notice. |
| Filing 15 MINUTE entry before the Honorable John J. Tharp, Jr:The Court has reviewed the parties' joint initial status report #14 . The Court adopts the parties' proposed schedule: Rule 26(a)(1) initial disclosures due 2/24/23; written discovery due 3/24/23; fact discovery closes 12/1/23; plaintiff's expert disclosures due 1/15/24; defendant's expert disclosures due 2/15/24; expert discovery closes 3/29/24; dispositive motions due 5/1/24. This case is referred to the assigned Magistrate Judge for further discovery scheduling and supervision. The Magistrate Judge may also preside over any settlement conference the parties may jointly wish to pursue. Mailed notice (air, ) |
| Filing 14 STATUS Report JOINT INITIAL STATUS REPORT by WestRock Company (McFetridge, Jane) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant WestRock's motion to dismiss #12 is taken under advisement in part and denied in part. A motion under Rule 12(b)(6) tests whether a claim to relief is plausibly valid on its face. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). While the allegations in the complaint relating to possible violations of the Equal Pay Act constitute a distinct legal claim, i.e., "the aggregate of operative facts which give rise to a right enforceable in the courts," Florek v. Vill. Of Mundelein, 649 F.3d 594, 599 (7th Cir. 2011) (quoting Original Ballet Russe v. Ballet Theatre, 133 F.2d 187, 189 (2d Cir. 1943)), WestRock also moves for partial dismissal for failure to state a claim on the grounds that it is not a governmental entity. The Court will not dismiss the complaint, and the plaintiff needs not respond, on that ground since it attacks one of many alternative theories through which the plaintiff seeks to assert her discrimination claim. See BBL, Inc. v. City of Angola, 809 F.3d 317, 325 (7th Cir. 2015) ("A motion to dismiss under Rule 12(b)(6) doesn't permit piecemeal dismissals of parts of claims; the question at this stage is simply whether the complaint includes factual allegations that state a plausible claim for relief."). Accordingly, the plaintiff's response to WestRock's motion to partially dismiss her complaint is due 2/7/23, and it will only address the motion to dismiss her Equal Pay Act claim. WestRock's reply is due 2/21/23.Mailed notice (air, ) |
| Filing 12 MOTION by Defendant WestRock Company to dismiss DEFENDANT WESTROCK COMPANY'S MOTION TO DISMISS PORTIONS OF PLAINTIFF'S COMPLAINT (McFetridge, Jane) |
| Filing 11 ANSWER to Complaint DEFENDANT WESTROCK COMPANY'S ANSWER AND AFFIRMATIVE AND OTHER DEFENSES TO PLAINTIFF'S COMPLAINT by WestRock Company(McFetridge, Jane) |
| Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by WestRock Company (McFetridge, Jane) |
| Filing 9 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 8 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 01/31/2023. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 7 WAIVER of the Service of Summons by Helene Rainville. (jn, ) |
| Filing 6 ATTORNEY Appearance for Defendant WestRock Company by Derek Scott Franklin (Franklin, Derek) |
| Filing 5 ATTORNEY Appearance for Defendant WestRock Company by Jane M. McFetridge (McFetridge, Jane) |
| Filing 3 PRO SE Appearance by Plaintiff Helene Rainville. (jn, ) |
| Filing 2 CIVIL Cover Sheet. (jn, ) |
| Filing 1 COMPLAINT filed by Helene Rainville; Jury Demand. (Exhibits). (jn, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent form to Helene Rainville (jn, ) |
| 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. (jn, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (jn, ) |
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| Plaintiff: Helene Rainville | |
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| Defendant: WestRock Company | |
| Represented By: | Jane M. McFetridge |
| Represented By: | Derek Scott Franklin |
| Represented By: | John Casey Leech |
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