Bowen v. Alpha Bedding LLC
| Richard Bowen |
| Alpha Bedding LLC |
| 1:2022cv06906 |
| December 8, 2022 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Contract: Other |
| 28 U.S.C. § 1446 Petition for Removal |
| None |
Docket Report
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| Document Text |
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| Filing 39 ANSWER to amended complaint and Affirmative Defenses by Alpha Bedding LLC(Stryker, Katherine) |
| Filing 38 MINUTE entry before the Honorable Matthew F. Kennelly: No status report is due on 4/17/2023. The next joint status report is due on 5/31/2023 as previously ordered. (mk) |
| Filing 37 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 3/28/2023. Defendant's answer to the second amended complaint is due 4/18/2023. The telephonic status hearing set for 4/24/2023 is vacated and reset is reset to 6/7/2023 at 9:00 a.m. The parties are directed to file a joint status report regarding discovery and settlement by 5/31/2023. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. Mailed notice. (mma, ) |
| Filing 36 Plaintiff's Second AMENDED complaint by Richard Bowen against Alpha Bedding LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Smolens, Mark) |
| Filing 35 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file a second amended complaint #34 is granted. Plaintiff should now file the second amended complaint as a separate docket entry. Defendant's motion to dismiss the first amended complaint is terminated as moot #29 . The parties should be prepared to discuss further proceedings at the upcoming status hearing. (mk) |
| Filing 34 MOTION by Plaintiff Richard Bowen for leave to file Second Amended Complaint (Attachments: #1 Exhibit 1 - Proposed Amended Complaint, #2 Exhibit A - to Proposed Amendment, #3 Exhibit B - to Proposed Amendment)(Smolens, Mark) |
| Filing 33 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 3/10/2023. Plaintiff has until 3/24/2023 to file a motion for leave to amend. A telephonic status hearing is set for 3/28/2023 at 9:20 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. Mailed notice. (mma, ) |
| Filing 32 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to an ongoing jury trial, the telephonic hearing set for 8:55 AM on 3/10/2023 is advanced to 8:35 AM on that same date (time change only), using call-in number 888-684-8852, access code 746-1053. (mk) |
| Filing 31 MINUTE entry before the Honorable Matthew F. Kennelly: This case is set for a telephonic hearing on 3/10/2023 at 8:55 AM to discuss defendant's motion to dismiss plaintiff's amended complaint. The following call-in number will be used: 888-684-8852, access code 746-1053. (mk) |
| Filing 30 MEMORANDUM by Alpha Bedding LLC in support of motion to dismiss #29 (Attachments: #1 Exhibit 1)(Stryker, Katherine) |
| Filing 29 MOTION by Defendant Alpha Bedding LLC to dismiss (Defendant's Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6)) (Stryker, Katherine) |
| Filing 28 MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time #27 is granted; response to amended complaint is to be filed on 2/22/2023. (mk) |
| Filing 27 MOTION by Defendant Alpha Bedding LLC for extension of time to file answer regarding amended complaint #24 or Otherwise Plead (Unopposed Motion) (Stryker, Katherine) |
| Filing 26 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 2/21/2023. Written discovery requests are to be served by 3/13/2023. The deadline for amending the pleadings and adding parties is 6/15/2023. The deadline for completing fact discovery is 7/28/2023. The deadline for filing dispositive motions is 9/29/2023. The telephonic status hearing set for 2/7/2023 is vacated and reset to 4/24/2023 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053. A further joint status report detailing the progress of discovery and any settlement discussions is to be filed on 4/17/2023. (mk) |
| Filing 25 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's motion to dismiss #13 is denied as moot based on plaintiff's filing of an amended complaint. (mk) |
| Filing 24 AMENDED complaint by Richard Bowen against Alpha Bedding LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Smolens, Mark) |
| Filing 23 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 2/20/2023. Written discovery requests are to be served by 3/13/2023. The deadline for amending the pleadings and adding parties is 6/15/2023. The deadline for completing fact discovery is 7/28/2023. The deadline for filing dispositive motions is 9/29/2023. The Court keeps the current status hearing in place for now but reserves the right to reset it once plaintiff files the anticipated amended complaint. (mk) (Kennelly, Matthew) |
| Filing 22 STATUS Report Joint by Alpha Bedding LLC (Caldarone, Antonio) |
| Filing 21 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 1/4/2023. Plaintiff has until 2/1/2023 to file an amended complaint. The 2/7/2023 telephonic status hearing and the 1/31/2023 joint status report deadline remain set #19 . Mailed notice. (mma, ) |
| Filing 20 ATTORNEY Appearance for Plaintiff Richard Bowen by Edward J Fitzsimons, I (Fitzsimons, Edward) |
| Filing 19 MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 1/31/2023, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 on 2/7/2023 at 9:05 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk) |
| Filing 18 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 17 MINUTE entry before the Honorable Matthew F. Kennelly: The Court finds that defendant's second amended notice of removal adequately describes a proper basis for removal of the case to federal court. (mk) |
| Filing 16 AMENDED notice of removal, #1 (Second Amended) (Attachments: #1 Exhibit 1: Summons and Complaint, #2 Exhibit 2: Lake County Docket, #3 Exhibit 3: Lazakis affidavit, #4 Errata 4: Corp COS)(Caldarone, Antonio) |
| Filing 15 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant has moved to dismiss plaintiff's complaint. The case is set for a telephonic hearing on 1/4/2023 at 8:50 AM, using call-in number 888-684-8852, access code 746-1053. Assuming the case is not remanded for lack of federal subject matter jurisdiction pursuant to the Court's previous show cause order, plaintiff should be prepared at the hearing to advise the Court whether he wishes to amend the complaint to attempt to address some or all of the points raised in the motion to dismiss or instead wishes to respond to the motion. (mk) |
| Filing 14 MEMORANDUM by Alpha Bedding LLC in support of Motion to Dismiss for Failure to State a Claim #13 (Attachments: #1 Exhibit 1: Unreported cases)(Stryker, Katherine) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Alpha Bedding LLC (Stryker, Katherine) |
| Filing 12 MINUTE entry before the Honorable Matthew F. Kennelly: The amended notice of removal still does not adequately describe the plaintiff's citizenship. It addresses the plaintiff's citizenship at the time of the events relevant to the complaint. What matters, however, is the party's citizenship at the time federal jurisdiction is invoked, i.e. at the time of removal. Defendant is given one more chance, until 12/29/2022, to correct the defect. If defendant lacks the relevant information, plaintiff (through counsel) is directed to cooperate in providing it to defendant. (mk) |
| Filing 11 AMENDED notice of removal, #1 (Attachments: #1 Exhibit 1: Summons and Complaint, #2 Exhibit 2: Lake County Docket, #3 Affidavit 3: Lazakis affidavit, #4 Exhibit 4: Corp COS)(Caldarone, Antonio) |
| Filing 10 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's notice of removal does not adequately describe a basis for federal diversity jurisdiction. It relies only on the underlying complaint's allegations relating to citizenship. But the complaint describes only the plaintiff's state of residence, not his state of citizenship (the two are not necessarily the same), and it does not properly describe the citizenship of the defendant LLC, which is that of each of its members. Defendant is given until 12/21/2022 to file an amended notice of removal that adequately and completely describes a basis for diversity jurisdiction; if defendant does not do so, the Court will remand the case to state court. Defendant's motion for extension of time #7 is granted; response to complaint is to be filed by 12/23/2022. (mk) |
| Filing 9 CIVIL Cover Sheet (Smolens, Mark) |
| Filing 8 ATTORNEY Appearance for Plaintiff Richard Bowen by Mark F. Smolens (Smolens, Mark) |
| Filing 7 MOTION by Defendant Alpha Bedding LLC for extension of time to file answer regarding notice of removal, #1 or Otherwise Respond to Complaint (Stryker, Katherine) |
| Filing 6 MAILED Notice of Removal Letter to Plaintiff's Counsel, Edward J. Fitzsimons. (jh, ) |
Filing 5
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. Richard Bowen is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (mbh, )
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| Filing 4 ATTORNEY Appearance for Defendant Alpha Bedding LLC by Antonio Caldarone (Caldarone, Antonio) |
| Filing 3 ATTORNEY Appearance for Defendant Alpha Bedding LLC by Katherine Eileen Stryker (Stryker, Katherine) |
| 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. (jh, ) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (mbh, ) |
| Filing 2 Notice of Removal to Plaintiff by Alpha Bedding LLC (Caldarone, Antonio) |
| Filing 1 NOTICE of Removal from Lake County Circuit Court, case number (2022CH000193) filed by Alpha Bedding LLC Filing fee $ 402, receipt number AILNDC-20122584. (Attachments: #1 Exhibit A; State Court Complaint, #2 Exhibit B: Lake County Case docket)(Caldarone, Antonio) |
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| Plaintiff: Richard Bowen | |
| Represented By: | Edward J Fitzsimons, I |
| Represented By: | Mark F. Smolens |
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| Defendant: Alpha Bedding LLC | |
| Represented By: | Antonio Caldarone |
| Represented By: | Katherine Eileen Stryker |
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