Braescu v. Huntington National Bank
| Dorina Braescu |
| Huntington National Bank |
| 1:2023cv02358 |
| April 14, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Keri L Holleb Hotaling |
| Young B Kim |
| Banks and Banking |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 41 MINUTE entry before the Honorable Keri L. Holleb Hotaling: The parties' joint status report [Dkt. 39] indicates they are progressing smoothly with discovery. The parties are reminded to promptly bring any discovery motions before the Court, including motions to enforce subpoenas. The parties indicate the deposition of Defendant's Rule 30(b)(6) representative will take place in late October or the first week of November. Therefore, the parties are to file an updated joint status report on 11/7/2023 detailing the remainder of discovery that needs to be completed, proposing a fact discovery cutoff, indicating whether the parties anticipate expert discovery, and indicating whether the parties are interested in a settlement conference. Mailed notice. (exr, ) |
| Filing 40 MINUTE entry before the Honorable Edmond E. Chang: In light of the ongoing referral to the magistrate judge, the tracking status hearing of 10/27/2023 for Judge Chang is reset to 12/01/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 39 STATUS Report Filed Jointly by Dorina Braescu Presented before District Judge (Mccraw, Dawn) |
| Filing 38 MINUTE entry before the Honorable Keri L. Holleb Hotaling: The Court has reviewed the parties' joint status report [Dkt. 37]. The parties are proceeding with discovery as ordered. The dates set by Docket Entry No. 35 stand. The parties are not interested in a settlement conference at this time. The parties are to file an updated joint status report on 10/9/2023. Mailed notice. (exr, ) |
| Filing 37 STATUS Report -- Joint Status Report on Discovery by Huntington National Bank Presented before Magistrate Judge (Serritella, William) |
| Filing 36 MINUTE entry before the Honorable Edmond E. Chang: In light of the ongoing referral to the magistrate judge, the tracking status hearing of 08/25/2023 for Judge Chang is reset to 10/27/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice (cn). |
| Filing 35 MINUTE entry before the Honorable Keri L. Holleb Hotaling: This matter has been transferred to the calendar of Magistrate Judge Keri Holleb Hotaling. The Court has reviewed the docket, which contains limitations on discovery set by Judge Kim #22 #31 , which stand. The dates set by Judge Kim's minute entries of 7/30/2023 #30 and 7/31/2023 #31 also stand, including the following future dates: that the parties are to schedule Plaintiff's deposition between August 18 and September 8, 2023; Plaintiff is to serve up to ten Rule 30(b)(6) topics on 9/1/2023; Defendant is to respond to Plaintiff on those topics by 9/8/2023; and if the parties are unable to resolve their differences, Defendant's motion for protective order must be filed by 9/15/2023, with Plaintiff's response due 9/29/2023. In addition, on 8/29/2023, the parties shall file a joint status report regarding the progress of discovery. The parties may request a settlement conference at any time through the procedures set forth on the Court's webpage. Mailed notice. (exr, ) |
| Filing 34 MINUTE entry before the Honorable Edmond E. Chang: The tracking status hearing of 08/18/2023 before Judge Chang is reset to 08/25/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 33 EXECUTIVE COMMITTEE ORDER: It appearing that Magistrate Judge Cox retired on August 9, 2023; therefore It is hereby ordered that no new designations, referrals, or reassignments shall be made to Magistrate Judge Cox; and It is further ordered that the Hon. Keri L. Holleb Hotaling has entered on duty as a magistrate judge for the Northern District of Illinois; and It is furthered ordered that the Clerk of Court is to add Magistrate Judge Holleb Hotaling's name to the Court's magistrate judge civil case assignment system on August 10, 2023, so that she shall receive a full share of such cases. Case referred to the Honorable Keri L Holleb Hotaling. Signed by Honorable Rebecca R. Pallmeyer on 8/10/2023.(td, ) |
Filing 32
ORDER. Signed by the Honorable Young B. Kim on 7/31/2023. Mailed notice (ec)
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| Filing 31 MINUTE entry before the Honorable Young B. Kim: Defendant's objections to Plaintiff's discovery requests #29 are sustained in part and overruled in part. Enter Order. Defendant is ordered to comply with this order by no later than August 18, 2023. Plaintiff is ordered to serve her Rule 30(b)(6) topics---limited to 10---on Defendant by September 1, 2023. Defendant is ordered to respond---to Plaintiff---to the topics by September 8, 2023. If the parties are unable to resolve their differences, Defendant is ordered to file a motion for protective order by September 15, 2023. If a timely motion is filed, Plaintiff has until September 29, 2023, to file a response thereto. Mailed notice (ec) |
| Filing 30 MINUTE entry before the Honorable Young B. Kim: The court ordered the parties to submit their proposed interrogatories and requests to produce by July 14, 2023, and their objections thereto, if any, by July 21, 2023. (R. 22.) Defendant submitted their proposed written discovery requests, which includes 9 interrogatories and 5 document requests. In response to these, Plaintiff did not pose any objections. However, having reviewed the requests, Plaintiff is ordered to answer Interrogatory ("INT") Nos. 1-7, but not 8 or 9 and produce documents responsive to Document Request ("REQ") Nos. 1-3, but not Nos. 4 or 5. Answer to INT No. 8 and response to REQ No. 4 would not be meaningful at this stage in discovery and they are protected under work product doctrine. Answer to INT No. 9 and response to REQ No. 5 are not necessary during fact discovery. The court will enter a separate schedule for exchanging Rule 26(a)(2) reports, if necessary, after the close of fact discovery. Plaintiff is ordered to comply with this order by August 11, 2023. Given the scope of the pending discovery requests, this is ample time for Plaintiff to gather her responses. Parties are to also schedule Plaintiff's deposition to be completed between August 18 and September 8, 2023. Mailed notice (Kim, Young) |
| Filing 29 Huntington's Objections to Plaintiff's Proposed Interrogatories and Requests to Produce by Huntington National Bank (Attachments: #1 Exhibit A, The Huntington National Bank's Objections to Plaintiff's Proposed Interrogatories, #2 Exhibit B, The Huntington National Bank's Objections to Plaintiff's Proposed Production Requests)(Yoon, Yeoeun) |
| Filing 28 AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Young B. Kim on 7/20/2023. Mailed notice (ec) |
| Filing 27 MINUTE entry before the Honorable Young B. Kim: Parties' joint motion for the entry of a confidentiality order #26 is granted. Parties are ordered to email the draft order in Word to "proposed_order_kim@ilnd.uscourts.gov" by tomorrow. Mailed notice (ec) |
| Filing 26 MOTION by Plaintiff Dorina Braescu for protective order Filed Jointly Presented before Magistrate Judge (Mccraw, Dawn) |
| Filing 25 Huntington's Proposed Interrogatories and Requests to Produce to Plaintiff by Huntington National Bank (Attachments: #1 Exhibit A, The Huntington National Bank's Interrogatories to Plaintiff, #2 Exhibit B, The Huntington National Bank's Requests for Production to Plaintiff)(Yoon, Yeoeun) |
| Filing 24 Plaintiff's Proposed Requests for Production by Dorina Braescu (Mccraw, Dawn) |
| Filing 23 Plaintiff's Proposed Interrogatories by Dorina Braescu (Mccraw, Dawn) |
| Filing 22 MINUTE entry before the Honorable Young B. Kim: Parties reported to the court today that they were unable to resolve this case. Parties are to move forward with written discovery first. Having had the settlement discussion on June 15, 2023, and because many of the facts in this case are not disputed, this court finds that reasonable written discovery can be collected through 10 interrogatories and 10 requests for production of documents. Parties are to file their proposed interrogatories and requests to produce with the court by July 14, 2023, if they wish to serve them. Parties are to then pose their objections, if any, to the opposing side's proposed discovery requests by July 21, 2023. Parties may not serve discovery requests at this time without leave of court. Mailed notice (Kim, Young) |
| Filing 21 MINUTE entry before the Honorable Young B. Kim: Parties' joint e-mail request for additional time to exhaust their settlement efforts is granted. The court will check-in with the parties on July 6, 2023. Mailed notice (ec) |
| Filing 20 MINUTE entry before the Honorable Young B. Kim: Confidential settlement discussion held with the parties. Parties are urged to exhaust their settlement options by June 23, 2023. The court will email the parties for an update on June 26, 2023. Mailed notice (ec) |
| Filing 19 ATTORNEY Appearance for Plaintiff Dorina Braescu by Sylvia Bolos (Bolos, Sylvia) |
| Filing 18 MINUTE entry before the Honorable Young B. Kim: The court orders the parties to appear to discuss settlement on June 15, 2023, at 3:00 p.m. (CST) by phone. The conference call number for the status hearing is (877) 336-1839 and the passcode is 4333213. Plaintiff herself must appear for this discussion by phone. A representative from Defendant Bank must also appear by phone. Plaintiff should be prepared to explain the basis for her settlement demand amount during the conference. Plaintiff is also ordered to email the following documents to "settlement_statement_kim@ilnd.uscourts.gov" by June 8, 2023: (1) cellphone call-log showing Plaintiff's call to the Bank in January 2023 (the log must show Plaintiff's phone number and the Bank number dialed); (2) the "dispute letter" Plaintiff mailed to the Bank on January 13, 2023; and (3) tracking confirmation page showing the Bank's receipt of the mail on January 30, 2023. The Bank is ordered to email the following by June 14, 2023: (5) all information it is able to gather about the disputed December 12, 2022 transaction in the amount of $43.56; and (6) any record of the call Plaintiff identifies in compliance with this order, if any. All discovery is stayed until further order of the court. Mailed notice (ec) |
| Filing 17 MINUTE entry before the Honorable Young B. Kim: Parties are to email the court (settlement_statement_kim@ilnd.uscourts.gov) a joint statement of settlement-discussion history in this case by no later than June 6, 2023. The court requires Defendant to prepare the first draft of the statement to be shared with Plaintiff. Emailed notice (yt) |
| Filing 16 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to: discovery supervision (including the authority to adjust all deadlines). (mw, ) Emailed notice. |
| Filing 15 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 14, Rule 26(a)(1) disclosures due 06/16/2023. The first round of written discovery requests must be issued by 06/30/2023. Rule 16(b) deadline to add parties or amend pleadings is 09/11/2023. **No summary judgment motion may be filed before the close of fact discovery without prior authorization of the Court.** Discovery supervision is referred to the magistrate judge (including the authority to adjust all deadlines). The Court notes that this case ought to be successfully settled given the nature of the allegations and the probability that costs likely will soon outstrip the underlying claim. Also, if the defense really believes that the settlement demand is unreasonable, then the defense may make an offer of judgment under Civil Rule 68. In any event, the tracking status hearing of 06/02/2023 is reset to 08/18/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 14 REPORT of Rule 26(f) Planning Meeting by Dorina Braescu (Mccraw, Dawn) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Huntington National Bank The Huntington National Bank's Rule 7.1 and Local Rule 3.2 Disclosure (Serritella, William) |
| Filing 12 ANSWER to Complaint The Huntington National Bank's Answer and Affirmative Defenses to Plaintiff's Complaint by Huntington National Bank(Serritella, William) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: The Defendant's unopposed extension motion to answer is granted #9 to 05/24/2023. Emailed notice (mw, ) |
| Filing 10 NOTICE of Motion by William J. Serritella, Jr for presentment of motion for extension of time to file answer #9 before Honorable Edmond E. Chang on 5/15/2023 at 08:30 AM. (Serritella, William) |
| Filing 9 MOTION by Defendant Huntington National Bank for extension of time to file answer regarding complaint #1 Unopposed (Serritella, William) |
| Filing 8 ATTORNEY Appearance for Defendant Huntington National Bank by Yeoeun Yoon (Yoon, Yeoeun) |
| Filing 7 ATTORNEY Appearance for Defendant Huntington National Bank by William J. Serritella, Jr (Serritella, William) |
| Filing 6 SUMMONS Returned Executed by Dorina Braescu as to Huntington National Bank on 4/18/2023, answer due 5/9/2023. (Mccraw, Dawn) |
| Filing 5 REFUND PROCESSED re REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. 20542118. (lw, ) |
| Filing 4 REQUEST for Clerk of Court to refund filing fee in the amount of 402.00, receipt no. 20542118, (Mccraw, Dawn) |
| Filing 3 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 06/02/2023 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 05/25/2023. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If Defendant has not been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (kra, ) |
| 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. (kra, ) |
| SUMMONS Issued as to Defendant Huntington National Bank (axk, ) |
| Filing 2 ATTORNEY Appearance for Plaintiff Dorina Braescu by Dawn Mccraw (Mccraw, Dawn) |
| Filing 1 COMPLAINT filed by Dorina Braescu; Jury Demand. Filing fee $ 402, receipt number AILNDC-20542150. (Attachments: #1 Civil Cover Sheet)(Mccraw, Dawn) |
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| Plaintiff: Dorina Braescu | |
| Represented By: | Dawn Mccraw |
| Represented By: | Sylvia Bolos |
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| Defendant: Huntington National Bank | |
| Represented By: | Yeoeun Yoon |
| Represented By: | William J. Serritella, Jr. |
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