Wilson v. Francisco et al
| Marilyn Wilson |
| Isaac Eduardo Hernandez Francisco, Prem Bahadur Khadka and Lyft, Inc., a Delaware Corporation |
| 1:2023cv00334 |
| January 19, 2023 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| P.I.: Motor Vehicle |
| 28 U.S.C. § 1446 Petition for Removal- Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on March 11, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff is directed to file a reply to defendant's response to the motion to amend filing date #15 by no later than 3/21/2023. Plaintiff should include a reply to defendant's argument regarding plaintiff's ability to have cured the apparent filing date on 12/12/2022 and 12/13/2022 before the limitations period expired (including why plaintiff's attorney did not act within that period). The telephonic motion hearing set for 3/13/2023 is vacated and reset to 3/27/2023 at 9:15 AM, using call-in number 888-684-8852, access code 746-1053. (mk) |
| Filing 20 RESPONSE by Lyft, Inc., a Delaware Corporation to MOTION by Plaintiff Marilyn WilsonTo Amend Filing Date of the Complaint Nunc Pro Tunc #15 (Attachments: #1 Exhibit A & B)(Maruna, James) |
| Filing 19 RESPONSE by Marilyn Wilsonin Opposition to MOTION by Defendant Lyft, Inc., a Delaware Corporation for judgment on the pleadings based on the Statute of Limitations Affirmative Defense #13 (Attachments: #1 Exhibit Complaint Filed 12/12/22, #2 Exhibit 12/12/22 Filing Envelope, #3 Exhibit 12/14/22 Filed Complaint)(Thomas, Robert) |
| Filing 18 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the status report filed by plaintiff and defendant Lyft. Given the unserved status of two defendants, the telephonic status hearing set for 3/13/2023 is vacated and reset to 4/17/2023 at 8:55 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. The motion hearing set for 3/13/2023 remains set for that date pending Lyft's response to plaintiff's motion to amend the filing date. A joint status report including all defendants, in conformity with the Court's initial order, is to be filed on 4/10/2023. (mk) |
| Filing 17 STATUS Report Initial Joint Status Report by Marilyn Wilson (Thomas, Robert) |
| Filing 16 MINUTE entry before the Honorable Matthew F. Kennelly: Any objection to plaintiff's motion to amend filing date nunc pro tunc #15 is to be filed by 3/10/2023. (mk) |
| Filing 15 MOTION by Plaintiff Marilyn WilsonTo Amend Filing Date of the Complaint Nunc Pro Tunc (Attachments: #1 Exhibit Complaint Filed 12/12/22, #2 Exhibit 12/12/22 Filing Envelope, #3 Exhibit 12/14/22 Filed Complaint, #4 Exhibit Electronic Filing Procedures and User Manual for the Supreme Court of Illinois, #5 Exhibit eFileIL Electronic Document Standards)(Thomas, Robert) |
| Filing 14 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff is directed to file a response to defendant Lyft's motion for judgment on the pleadings #13 by 3/9/2023. No reply unless requested by the Court. Motion hearing is set for the telephonic status hearing previously set for 3/13/2023 at 8:55 AM. (mk) |
| Filing 13 MOTION by Defendant Lyft, Inc., a Delaware Corporation for judgment on the pleadings based on the Statute of Limitations Affirmative Defense (Maruna, James) |
| Filing 12 ANSWER to Complaint with Jury Demand and Affirmative Defenses by Lyft, Inc., a Delaware Corporation (Attachments: #1 Exhibit A, #2 Exhibit B)(Maruna, James) |
| ALIAS Summons Issued as to Defendants Isaac Eduardo Hernandez Francisco, Prem Bahadur Khadka. (jb, ) |
| Filing 11 MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 3/6/2023, 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 3/13/2023 at 8:55 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 10 ATTORNEY Appearance for Plaintiff Marilyn Wilson by Tod H. Rottman (Rottman, Tod) |
| Filing 9 ATTORNEY Appearance for Plaintiff Marilyn Wilson by Robert Carl Thomas (Thomas, Robert) |
| SUMMONS Issued as to Defendant Isaac Eduardo Hernandez Francisco (emc, ) |
| SUMMONS Issued as to Defendant Prem Bahadur Khadka (emc, ) |
| Filing 8 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Lyft, Inc.'s unopposed motion for extension of time #6 is granted; response to complaint is to be filed by 2/27/2023. (mk) |
| Filing 7 MAILED Notice of Removal letter to counsel of record. (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, ) |
| Filing 6 MOTION by Defendant Lyft, Inc., a Delaware Corporation for extension of time to file answer or otherwise plead (Maruna, James) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (sxh, ) |
| Filing 5 ATTORNEY Appearance for Defendant Lyft, Inc., a Delaware Corporation by Michael Patrick Moothart (Moothart, Michael) |
| Filing 4 ATTORNEY Appearance for Defendant Lyft, Inc., a Delaware Corporation by Richard Charles Huettel (Huettel, Richard) |
| Filing 3 ATTORNEY Appearance for Defendant Lyft, Inc., a Delaware Corporation by James F. Maruna (Maruna, James) |
| Filing 2 CIVIL Cover Sheet (Maruna, James) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2022L011083) filed by Lyft, Inc., a Delaware Corporation Filing fee $ 402, receipt number AILNDC-20255731. (Attachments: #1 Exhibit A-E)(Maruna, James) |
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