Padilla v. American Tire Distributors, Inc.
| David Padilla |
| American Tire Distributors, Inc. |
| 1:2023cv02056 |
| March 31, 2023 |
| US District Court for the Northern District of Illinois |
| Sunil R Harjani |
| John J Tharp |
| Consumer Credit |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| None |
Docket Report
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This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.
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| Filing 14 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 8/18/2023 at 9:15 a.m. by telephone. By 8/14/2023, counsel shall file a joint status report with an update on discovery and any settlement discussions. Written discovery shall issue by 6/15/23 and notice of depositions with agreed upon dates shall issue by 9/1/23. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 978 352 73. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) |
| Filing 13 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: discovery scheduling, supervision and any settlement conference.(air, )Mailed notice. |
| Filing 12 MINUTE entry before the Honorable John J. Tharp, Jr:The Court has reviewed the parties' joint initial status report #11 and adopts the parties' proposed schedule: Rule 26(a) initial disclosures are due 5/18/23; fact discovery closes 12/31/23. This matter is referred to the assigned magistrate judge for all further discovery scheduling and supervision, and for any settlement conference the parties may seek. Mailed notice (air, ) |
| Filing 11 STATUS Report Joint Initial by American Tire Distributors, Inc. (Sedaei, Sam) |
| Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the supplement to the notice of removal #9 , the defendant has adequately invoked the Court's jurisdiction. The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 5/4/2023. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 9 SUPPLEMENT to notice of removal, #1 (Sedaei, Sam) |
| 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, ) |
| Filing 8 ANSWER to Complaint by American Tire Distributors, Inc.(Sedaei, Sam) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr: The notice of removal #1 does not sufficiently establish subject matter jurisdiction. In attempting to invoke diversity jurisdiction, the notice fails to establish the plaintiff's citizenship. The notice of removal states, "Plaintiff is a resident of Burbank, Illinois" ECF No. 1 at 4. But "[a]n allegation of residence is inadequate," McMahon v. Bunn-O-Matic Corp., 150 F.3d 651, 653 (7th Cir. 1998), to support the assertion of an individual's citizenship for purposes of diversity under 28 U.S.C. 1332. The state court complaint to which the notice of removal cites (ECF No. 1-1) does not provide further clarity the plaintiff's citizenship. Therefore, the defendant directed to file a supplement to its notice of removal that cures the defects identified above and establishes minimal diversity of citizenship of the parties by 4/17/23. Failure to do so may result in the remand of this matter. Mailed notice (air, ) |
| Filing 6 MAILED Notice of Removal letter to counsel of record (kl, ) |
| Filing 5 ATTORNEY Appearance for Defendant American Tire Distributors, Inc. by Timothy Alan Wolfe (Wolfe, Timothy) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by American Tire Distributors, Inc. (Sedaei, Sam) |
| Filing 3 ATTORNEY Appearance for Defendant American Tire Distributors, Inc. by Sam Sedaei (Sedaei, Sam) |
| Filing 2 CIVIL Cover Sheet (Sedaei, Sam) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2023L001340) filed by American Tire Distributors, Inc., David Padilla Filing fee $ 402, receipt number AILNDC-20498777. (Attachments: #1 Exhibit Complaint, #2 Exhibit Affidavit of Service, #3 Exhibit Corporation Good Standing, #4 Exhibit Declaration of Rebecca Sinclair)(Sedaei, Sam) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sunil R Harjani. Case assignment: Random assignment. (jb, ) |
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| Plaintiff: David Padilla | |
| Represented By: | Sean M. Baker |
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| Defendant: American Tire Distributors, Inc. | |
| Represented By: | Timothy Alan Wolfe |
| Represented By: | Sam Sedaei |
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