McCoy et al v. Hard Rock Concrete Cutters, Inc.
| James McCoy, Patrick McCoy, Wayne Holcomb, James Trafford and Christopher Miranda |
| Hard Rock Concrete Cutters, Inc. |
| 1:2023cv02265 |
| April 11, 2023 |
| US District Court for the Northern District of Illinois |
| John F Kness |
| Labor: Labor/Mgt. Relations |
| 29 U.S.C. § 185 Labor/Mgt. Relations (Contracts) |
| Defendant |
Docket Report
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| Filing 13 MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal #12 . Because the notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment, the case is dismissed without prejudice consistent with the terms of the notice and by operation of Rule 41(a)(1)(A)(i) 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. Defendant's motion to dismiss #7 is dismissed as moot. The hearing set for 5/31/2023 is stricken. Civil case terminated. Mailed notice (ef, ) |
| Filing 12 NOTICE of Voluntary Dismissal by All Plaintiffs as to All Claims Against Defendant (without prejudice) (Fletcher, Matthew) |
| Filing 11 Plaintiffs' First AMENDED complaint by James Trafford, James McCoy, Wayne Holcomb, Patrick McCoy, Christopher Miranda against All Defendants (Attachments: #1 Exhibit Ex. A)(Fletcher, Matthew) |
| Filing 10 MINUTE entry before the Honorable John F. Kness: Because the Plaintiffs are still within the 21-day period in which they may amend their complaint in response to the motion to dismiss #7 , the status hearing set for 5/11/2023 is stricken and reset for 5/31/2023 at 09:30 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 9 MINUTE entry before the Honorable John F. Kness: Before the Court is the motion to dismiss #7 of Defendant Hard Rock Concrete Cutters, Inc. As is reflected in the Court's standing order on motions to dismiss, the parties are advised that, when a motion to dismiss is filed, the nonmoving party has a right to amend its pleading once within 21 days. Fed. R. Civ. P. 15(a)(1)(B). Consistent with the purpose of the Federal Rules of Civil Procedure "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, Plaintiff is directed to review Defendant's motion to dismiss and to consider exercising, as appropriate, Plaintiff's right to amend under Rule 15(a)(1)(B). If Plaintiff elects to amend its pleading in response to the motion to dismiss, then Defendant (unless otherwise ordered) must, within 21 days of the amended pleading, file either an answer or a renewed motion to dismiss. If Plaintiff elects not to amend but instead chooses to litigate the motion to dismiss, Plaintiff (unless ordered otherwise) must file its response within 28 days of the filing of the motion, and Defendant must file its reply within 14 days of the filing of the response. In its response, Plaintiff must also address whether any alleged deficiencies identified by the motion to dismiss are curable by amendment. Mailed notice (ef, ) |
| Filing 8 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Hard Rock Concrete Cutters, Inc. (DEFENDANT'S NOTICE OF AFFILIATES) (Keenan, Julia) |
| Filing 7 MOTION by Defendant Hard Rock Concrete Cutters, Inc. to dismiss Plaintiff's Complaint (Attachments: #1 Exhibit Memorandum of Law in Support of Defendant's Motion to Dismiss)(Keenan, Julia) |
Filing 6
ORDER signed by the Honorable John F. Kness on 4/13/2023: Telephonic initial status hearing is set for 5/11/2023 at 9:00 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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| MAILED Notice of Removal letter to counsel of record. (daj, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Wayne Holcomb, James McCoy, Patrick McCoy, Christopher Miranda, James Trafford by Matthew T Fletcher (Fletcher, Matthew) |
| Filing 4 ATTORNEY Appearance for Defendant Hard Rock Concrete Cutters, Inc. by Julia M Keenan (Keenan, Julia) |
| Filing 3 ATTORNEY Appearance for Defendant Hard Rock Concrete Cutters, Inc. by Noah A Finkel (Finkel, Noah) |
| Filing 2 CIVIL Cover Sheet (Finkel, Noah) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2023CH00576) filed by Hard Rock Concrete Cutters, Inc. Filing fee $ 402, receipt number AILNDC-20528674. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Finkel, Noah) |
| 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. (jb, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jb, ) |
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