Chicago & Vicinity Laborers' District Council Pension Fund et al v. Boye Janitorial Services, Inc.
| Chicago & Vicinity Laborers' District Council Pension Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Chicago & Vicinity Laborers' District Council Retiree Health & Welfare Fund and Catherine Wenskus |
| Boye Janitorial Services, Inc. |
| 1:2022cv06643 |
| November 29, 2022 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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| Filing 13 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs have filed a motion #12 for entry of an order of default and proof #11 of substitute service of the summons and complaint upon the Illinois Secretary of State. Based on the form proof of service, plaintiffs rely on the Illinois Business Corporation Act's substitute service provision, 805 Ill. Comp. Stat. 5/5.25(b)(2), appointing the Secretary of State as the agent for a corporation "[w]henever the corporation's registered agent cannot with reasonable diligence be found at the registered office in this State." See also Fed. R. Civ. P. 4(h)(1). The proof of service on file does not state what, if any, efforts the process server made to locate defendant's registered agent at the address for defendant on file with the Secretary of State. "The plaintiff bears the burden of showing reasonable diligence in the service of process and must provide a reasonable explanation for any apparent lack of diligence." Tidwell v. Exxon Mobil Corp., 2022 WL 345082, at *1 (N.D. Ill. Feb. 4, 2022) (quoting Kramer v. Ruiz, 2021 IL App (5th) 200026, 21); see also Dutch Farm Meats, Inc. v. Horizon Foods, Inc., 655 N.E.2d 1012, 1014 (Ill. App. Ct. 1st Dist. 1995); Fed. R. Civ. P. 4(l)(1). To complete the record, plaintiffs are ordered to supplement the record with an affidavit of the process server demonstrating the reasonable diligence required by 5/5.25(b)(2) on or before 2/1/2023.Mailed notice (mjc, ) |
| Filing 12 MOTION by Plaintiffs Chicago & Vicinity Laborers' District Council Pension Fund, Chicago & Vicinity Laborers' District Council Retiree Health & Welfare Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Catherine Wenskus for entry of default (Liska, G) |
| Filing 11 SUMMONS Returned Executed by Chicago & Vicinity Laborers' District Council Retiree Health & Welfare Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Chicago & Vicinity Laborers' District Council Pension Fund, Catherine Wenskus as to Boye Janitorial Services, Inc. on 12/29/2022, answer due 1/19/2023. (Liska, G) |
| Filing 10 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 9
ORDER: An initial status report and, if appropriate, case management plan is due on or before February 1, 2023. 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 parties have appeared or been served. If all parties have not appeared or 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 12/2/2022. Mailed notice(mjc, )
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| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Liska, G) |
| Filing 7 MINUTE entry before the Honorable Joan B. Gottschall: Counsel for plaintiffs are advised that no further action may be taken until the notifications as to affiliates required by Local Rule 3.2 have been filed. Plaintiffs' notifications as to affiliates required by Local Rule 3.2 must be filed on or before December 14, 2022. Mailed notice (mjc, ) |
| Filing 6 ATTORNEY Appearance for Plaintiffs Chicago & Vicinity Laborers' District Council Pension Fund, Chicago & Vicinity Laborers' District Council Retiree Health & Welfare Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Catherine Wenskus by Sara Stewart Schumann (Schumann, Sara) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Chicago & Vicinity Laborers' District Council Pension Fund, Chicago & Vicinity Laborers' District Council Retiree Health & Welfare Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Catherine Wenskus by Amy Nicole Carollo (Carollo, Amy) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Chicago & Vicinity Laborers' District Council Pension Fund, Chicago & Vicinity Laborers' District Council Retiree Health & Welfare Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Catherine Wenskus by Patrick T. Wallace (Wallace, Patrick) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Chicago & Vicinity Laborers' District Council Pension Fund, Chicago & Vicinity Laborers' District Council Retiree Health & Welfare Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Catherine Wenskus by G Ryan Liska (Liska, G) |
| Filing 2 CIVIL Cover Sheet (Liska, G) |
| Filing 1 COMPLAINT filed by Chicago & Vicinity Laborers' District Council Retiree Health & Welfare Fund, Chicago & Vicinity Laborers' District Council Welfare Fund, Chicago & Vicinity Laborers' District Council Pension Fund, Catherine Wenskus; Filing fee $ 402, receipt number AILNDC-20085832.(Liska, G) |
| 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. (mbh, ) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (mbh, ) |
| SUMMONS Issued as to Defendant Boye Janitorial Services, Inc. (mbh, ) |
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