Colon v. Landscape Forms, Inc. dba Loll Designs
| Jocelyn Colon |
| Landscape Forms, Inc. dba Loll Designs and Landscape Forms, Inc doing business as Loll Designs |
| 1:2023cv01337 |
| March 3, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 12101 Americans with Disabilities Act |
| None |
Docket Report
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| Filing 9 MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a "Stipulation to Dismiss With Prejudice" #8 explaining that the case has been voluntarily dismissed with prejudice. Because the Stipulation was filed before the opposing party served either an answer or a motion for summary judgment, the case is dismissed with prejudice consistent with the terms of the Stipulation and by operation of Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Each party is to bear its own fees and costs. The hearing set for 5/18/2023 is stricken. Civil case terminated. Mailed notice (ef, ) |
| Filing 8 STIPULATION of Dismissal with Prejudice (Meyers, William) |
| Filing 7 MINUTE entry before the Honorable John F. Kness: Before the Court is the parties' joint "Stipulation [to] Extend Deadline to Answer to Plaintiff's Complaint or Otherwise Plead" #6 . Rule 12 of the Federal Rules of Civil Procedure sets a deadline to answer a plaintiff's complaint. Fed. R. Civ. P. 12(a)(1)(A)(i). Rule 6 of the Federal Rules of Civil Procedure permits the extension of this deadline upon the showing of good cause. Fed. R. Civ. P. 6(b)(1). Rule 6(b)(1)(A) notes that a party may "request" an extension before the deadline to answer runs, and Rule 6(b)(1)(B) notes that an extension after the time to answer has expired must come "on motion." Both provisions thus make plain that a party must ask for an extension. A stipulation is not a request; it is an agreement between parties that does not require the Court to do anything. But Rule 6 requires the Court to act to extend the answer deadline. Proceeding under the assumption that a stipulation to extend the time to answer is effective is both risky to the parties and inconsistent with the governing procedural rule. Cooperation among parties is valuable and should be encouraged, but to accept the parties' approach here would require the Court unjustifiably to turn the reins of scheduling fully over to the parties. Although the Court could strike the parties' Stipulation, the Court will instead act at its own instance and extend to on or before 5/3/2023 the time for Defendant to respond to Plaintiff's complaint. Any future requests for relief on behalf of any party, however, should come by way of a proper motion. Joint Initial Status Report due on or before 5/5/2023. Telephone Status hearing set for 5/3/2023 is stricken and reset for 5/18/2023 at 09:00 AM. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Filing 6 STIPULATION TO EXTEND DEADLINE TO ANSWER TO PLAINTIFF'S COMPLAINT OR OTHERWISE PLEAD (Meyers, William) |
| Filing 5 ATTORNEY Appearance for Defendant Landscape Forms, Inc by William Charles Meyers (Meyers, William) |
| Filing 4 SUMMONS Returned Executed by Jocelyn Colon as to Landscape Forms, Inc on 3/13/2023, answer due 4/3/2023. (Sweet, Benjamin) |
Filing 3
ORDER signed by the Honorable John F. Kness on 3/15/2023: Telephonic initial status hearing is set for 5/3/2023 at 9:30 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than ten days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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| SUMMONS Issued as to Defendant Landscape Forms, Inc. dba Loll Designs (lm, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jg, ) |
| 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. (jg, ) |
| Filing 2 ATTORNEY Appearance for Plaintiff Jocelyn Colon by Benjamin Sweet (Sweet, Benjamin) |
| Filing 1 COMPLAINT filed by Jocelyn Colon; Filing fee $ 402, receipt number AILNDC-20406303. (Attachments: #1 Civil Cover Sheet)(Sweet, Benjamin) |
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