Florence v. Order Express, Inc.
| Eric Florence and Aisha Bundage |
| Order Express, Inc. |
| 1:2022cv07210 |
| December 22, 2022 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| Both |
Docket Report
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This docket was last retrieved on May 23, 2023. A more recent docket listing may be available from PACER.
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Filing 25
MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 5/24/2023 is reset for 9:30 AM (PLEASE NOTE TIME CHANGE) and will proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do not have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, )
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Filing 24
MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 5/23/2023. Order Express's Motion to Dismiss #17 is denied. See Opinion for further details. Mailed notice(lk, )
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Filing 23
RESPONSE by Order Express, Inc.in Support of MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Order Express, Inc. #17 (Fertel, Jill)
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Filing 22
RESPONSE by Aisha Bundage, Eric Florencein Opposition to MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Order Express, Inc. #17 (Maxey, Ryan)
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Filing 21
MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion due to medical reasons, Status hearing set for 3/30/2023 is stricken. Status hearing set for 5/24/2023 at 9:00 AM. Virtual hearings will be held on Fridays at 9:30 AM. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, )
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Filing 20
STATUS Report Joint Status Report by Aisha Bundage, Eric Florence (Maxey, Ryan)
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Filing 19
MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Motion to Dismiss #17 . Response due by 4/4/2023; Reply due by 4/11/2023. Initial Status hearing set for 3/30/2023 at 9:00 AM stands and will now proceed via Webex. Prior to the hearing, you are directed to cut and paste this hyper link into a browser: https://us-courts.webex.com/join/virginia_kendallilnd.uscourts.gov If you do not have access to a device with video capability, please use the dial in option: (650)-479-3207, the access code is: 180 698 4009. If you do have access to a device with video capability, you are directed to appear telephonically. Mailed notice (lk, )
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Filing 18
MEMORANDUM by Order Express, Inc. in support of motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim #17 (Chestnut, Andrew)
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Filing 17
MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Order Express, Inc. (Chestnut, Andrew)
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Filing 16
MINUTE entry before the Honorable Virginia M. Kendall. Attorney Ernest Koschineg's Motion for leave to appear pro hac vice #14 is granted. Defendant's Motion to Dismiss #10 is dismissed as moot due to Amended Complaint being filed. Initial Status hearing set for 3/30/2023 at 9:00 AM stands. Mailed notice (lk, )
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Filing 15
AMENDED complaint by Eric Florence, Aisha Bundage against Order Express, Inc. (Attachments: #1 Exhibit 1)(Maxey, Ryan)
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Filing 14
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20399955. (Koschineg, Ernest)
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Filing 13
MINUTE entry before the Honorable Virginia M. Kendall. Attorney Jill Fertel'sMotion to appear pro hac vice #12 is granted. Briefing schedule set as to Motion to Dismiss #10 . Response due by 3/16/2023; Reply due by 3/23/2023. Status hearing set for 5/24/2023 at 9:00 AM. Initial Status hearing set for 3/30/2023 at 9:00 AM stands. Mailed notice (lk, )
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Filing 12
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20379471. (Fertel, Jill)
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Filing 11
MEMORANDUM by Order Express, Inc. in support of motion to dismiss/lack of jurisdiction #10 pursuant to Fed. R. Civ. P. 12(b)(1) (Chestnut, Andrew)
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Filing 10
MOTION by Defendant Order Express, Inc. to dismiss for lack of jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1) (Chestnut, Andrew)
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Filing 9
MINUTE entry before the Honorable Virginia M. Kendall. Defendant's Unopposed Motion for extension of time to file responsive pleading #8 is granted. Responsive pleading shall be filed by 2/20/2023. Mailed notice (lk, )
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Filing 8
MOTION by Defendant Order Express, Inc. for extension of time to file responsive pleading (agreed) (Chestnut, Andrew)
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Filing 7
ATTORNEY Appearance for Defendant Order Express, Inc. by Robert J. Bates, Jr (Bates, Robert)
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Filing 6
ATTORNEY Appearance for Defendant Order Express, Inc. by Andrew S Chestnut (Chestnut, Andrew)
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Filing 5
MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 3/30/2023 at 9:0 a.m. which will proceed in Courtroom 2503. Joint Status Report due by 3/27/2023. Virtual hearing requests must be pre-approved by the Court. If you need to appear virtually, send the attached form to Judge Kendall's courtroom deputy. The courtroom deputy will inform you as to whether your request has been approved. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (Attachments: #1 Virtual Hearing Request Form) (lk, )
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Filing 4
ATTORNEY Appearance for Plaintiff Eric Florence by Ryan D. Maxey (Maxey, Ryan)
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Filing 3
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, )
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SUMMONS Issued as to Defendant Order Express, Inc. (lm, )
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Filing 2
CIVIL Cover Sheet (Hanna, Michael)
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Filing 1
COMPLAINT filed by Eric Florence; Jury Demand. Filing fee $ 402, receipt number AILNDC-20176260. (Attachments: #1 Exhibit 1_Notice of Data Breach)(Hanna, Michael)
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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. (smb, )
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CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (smb, )
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