Schultz v. Ford Motor Company
| Joseph Schultz |
| Ford Motor Company |
| 1:2022cv06586 |
| November 23, 2022 |
| US District Court for the Northern District of Illinois |
| Susan E Cox |
| Franklin U Valderrama |
| Contract: Other |
| 15 U.S.C. § 2301 Magnuson-Moss Warranty Act |
| Defendant |
Docket Report
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| Filing 25 MINUTE entry before the Honorable Susan E. Cox: Pursuant to Rule 41(a)(1)(A)(ii), a stipulation signed by all parties (as was presented here) is a self-effectuating dismissal of the case that does not require a court order. (rbf, ) |
| Filing 24 STIPULATION of Dismissal with Prejudice (Fu, Edward) |
| Filing 23 MINUTE entry before the Honorable Susan E. Cox: In light of the 5/22/2023 joint status report date, the 5/2/2023 joint status report date is hereby stricken. (rbf, ) |
| Filing 22 MINUTE entry before the Honorable Susan E. Cox: The parties have informed the Court they are very close to settling this matter. The Court is confident the parties should be able to bridge the gap on without Court assistance. Therefore, the settlement conference set for 4/27/2023 is hereby stricken. The parties are to file an updated joint status report by 5/22/2023. Alternatively, if the parties file dismissal documents before that date, the Court will strike the status report date. (rbf, ) |
| Filing 21 Affirmative Defenses and ANSWER to Complaint by Ford Motor Company(Fu, Edward) |
| Filing 20 MINUTE entry before the Honorable Susan E. Cox: Defendant's agreed motion for leave to file answer and affirmative defenses #19 is granted. Defendant is ordered to file its responsive pleading to the docket as a separate stand-alone entry. (rbf, ) |
| Filing 19 MOTION by Defendant Ford Motor Company for leave to file answer and affirmative defenses (Attachments: #1 Exhibit No. 1 - Answer and Affirmative Defenses)(Fu, Edward) |
| Filing 18 MINUTE entry before the Honorable Susan E. Cox: Defendant's Motion for Leave to File Responsive Pleading #16 is denied without prejudice. First, the motion seeks two conflicting results (i.e., to file an answer pursuant to Rule 8 and a Motion to Dismiss pursuant to 12(b)(6)). However, Rule 12(b) states that a motion asserting failure to state a claim upon which relief can be granted "must be made before pleading if a responsive pleading is allowed." As such, Defendant cannot simultaneously file a Motion for 12(b)(6) and an answer. Second, both the answer and the motion to dismiss appear to be untimely. Defendant was served on October 25, 2022, and this case was removed to federal court on November 23, 2022. Rule 12(a) requires responsive pleadings to be filed within 21 days of being served with a summons and complaint. Any forthcoming motion for leave to file a responsive pleading must state whether Plaintiff opposes the motion and why there is good cause to extend the deadline due to Defendant's excusable neglect. (See FRCP 6(b)(1)(B).) (rbf, ) |
| Filing 17 Defendant Ford Motor Company's NOTICE of Motion by Edward E. Fu for presentment of motion for leave to file #16 before Honorable Susan E. Cox on 3/8/2023 at 09:30 AM. (Fu, Edward) |
| Filing 16 MOTION by Defendant Ford Motor Company for leave to file responsive pleadings (Attachments: #1 Exhibit No. 1 - Answer and Affirmative Defenses, #2 Exhibit No. 2 - Motion to Dismiss Count II)(Fu, Edward) |
Filing 15
MINUTE entry before the Honorable Susan E. Cox:Pre-settlement conference held on 2/22/2023. Settlement conference set for 4/27/2023 at 2:00 p.m. This date is final and can only be changed by the granting of a motion. The parties are ordered to continue to make settlement progress on their own before the conference. In addition to complying with Judge Cox's Standing Order on Settlement Conferences in all other material ways (particularly with respect to itemization and compromise), the parties' letters should reflect the settlement history to date, including all prior demands/offers. Plaintiff's current demand letter is to be provided to opposing counsel and Judge Cox's proposed order inbox by 3/30/2023. Defendant's current offer letter is to be provided to opposing counsel and Judge Cox's proposed order inbox by 4/13/2023. Judge Cox reminds the parties that all persons with authority must be present on the virtual settlement conference for the duration. The parties agree to allow Judge Cox to conduct ex-parte settlement discussions if necessary. Additional information and instructions about the virtual settlement conference will be forthcoming in the days before the conference. (rbf, )
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| Filing 14 MINUTE entry before the Honorable Susan E. Cox: The Court has reviewed the parties Rule 26(f) status report and adopts the fact discovery deadline of 8/7/2023 proposed by the parties. It is not the Court's practice to subdivide fact discovery or to set additional dates until it becomes clear the fact discovery deadline will be met. Instead, the Court trusts that counsel will work efficiently to meet all agreed deadlines. The parties are ordered to review Judge Cox's standing orders and case procedures to ensure that any motions they file will comply with Judge Cox's protocols. The parties are ordered to file an updated joint status report on 5/2/23 informing the Court on the progress of fact discovery. Additionally, the parties have notified the Court they are interested in a settlement conference. Therefore, an off-the-record telephone conference is scheduled for 2/22/23 at 10:30 a.m. to set a settlement conference. Counsel that appears for this pre-settlement conference discussion must be counsel who will represent their respective clients at the conference, or are able to discuss the issues of the case and to schedule the conference on behalf of their clients. The Court expects counsel to discuss issues in the case that may affect the settlement process. Counsel should review Judge Cox's Standing Order on Settlement conferences prior to the call. Call in information is 888-684-8852 and the passcode is 1664086. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. (rbf, ) |
| Filing 13 MINUTE entry before the Honorable Susan E. Cox: The Court has reviewed the parties Rule 26(f) status report and adopts the fact discovery deadline of 8/7/2023 proposed by the parties. It is not the Court's practice to subdivide fact discovery or to set additional dates until it becomes clear the fact discovery deadline will be met. Instead, the Court trusts that counsel will work efficiently to meet all agreed deadlines. The parties are ordered to review Judge Cox's standing orders and case procedures to ensure that any motions they file will comply with Judge Cox's protocols. The parties are ordered to file an updated joint status report on 5/2/23 informing the Court on the progress of fact discovery. Additionally, the parties have notified the Court they are interested in a settlement conference. Therefore, an off-the-record telephone conference is scheduled for 2/22/23 at 10:30 a.m. Counsel that appears for this pre-settlement conference discussion must be counsel who will represent their respective clients at the conference, or are able to discuss the issues of the case and to schedule the conference on behalf of their clients. The Court expects counsel to discuss issues in the case that may affect the settlement process. Counsel should review Judge Cox's Standing Order on Settlement conferences prior to the call. Call in information is 888-684-8852 and the passcode is 1664086. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. (rbf, ) |
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Filing 12
ORDER REASSIGNING Case to the Honorable Susan E. Cox, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Franklin U. Valderrama no longer assigned to the case. Signed by Honorable Franklin U. Valderrama on 2/6/2023. (kl, )
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| Filing 11 CERTIFICATE of Service by Edward E. Fu on behalf of Ford Motor Company regarding joint consent to jurisdiction by US magistrate judge #10 , status report #9 , notification of affiliates pursuant to local rule 3.2 #8 (Fu, Edward) |
| Filing 10 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Fu, Edward) |
| Filing 9 STATUS Report by Ford Motor Company (Fu, Edward) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ford Motor Company (Fu, Edward) |
| Filing 7 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 6 MAILED Notice of Removal letter to counsel of record. (kl, ) |
| Filing 5 CIVIL Cover Sheet (Fu, Edward) |
| Filing 4 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 02/06/2023, the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. The removing party must serve this Minute Entry on all other parties. If the opposing party has not been served with notice pursuant to 28 U.S.C. 1446(d) by that date, the removing party's counsel is instructed to file an individual status report indicating the status of notice of removal by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (axc). |
| 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. (kl, ) |
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Filing 3
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. Ford Motor Company is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (kra, )
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| Filing 2 ATTORNEY Appearance for Defendant Ford Motor Company by Edward E. Fu (Fu, Edward) |
| Filing 1 NOTICE of Removal from DuPage County, 18th Judicial Circuit, case number (2022LA000900) filed by Ford Motor Company Filing fee $ 402, receipt number AILNDC-20077153. (Attachments: #1 Exhibit Exhibit 1)(Fu, Edward) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (kra, ) |
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| Plaintiff: Joseph Schultz | |
| Represented By: | Harry Christopher Bradley |
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| Defendant: Ford Motor Company | |
| Represented By: | Edward E. Fu |
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