Higgins v. Yamaha Motor Corporation, USA
Plaintiff: Mitchell Higgins
Defendant: Yamaha Motor Corporation, USA
Case Number: 1:2023cv05611
Filed: August 17, 2023
Court: US District Court for the Northern District of Illinois
Presiding Judge: Matthew F Kennelly
Nature of Suit: Contract: Other
Cause of Action: 15 U.S.C. ยง 2301 Magnuson-Moss Warranty Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 13, 2023 Filing 19 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant has filed a motion to dismiss for failure to state a claim. If plaintiff wishes to amend the complaint to attempt to deal with some or all of the grounds stated for dismissal, any amended complaint is to be filed by 10/26/2023. (mk)
October 12, 2023 Filing 18 Memorandum in Support of Motion to Dismiss by Yamaha Motor Corporation, USA (No 17) (O'Malley, Robert)
October 12, 2023 Filing 17 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Yamaha Motor Corporation, USA (O'Malley, Robert)
October 4, 2023 Filing 16 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The telephonic status hearing set for 10/10/2023 is vacated and reset to 11/1/2023 at 8:55 AM, using the following call-in number: 888-684-8852, access code 746-1053. The Court wants to review the expected motion to dismiss (which the report says will be filed on 10/20/2023) before determining a pretrial and discovery schedule. (mk)
October 3, 2023 Filing 15 STATUS Report (Joint) by Mitchell Higgins (Goldstein, Matthew)
September 23, 2023 Filing 14 MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 10/3/2023, 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 10/10/2023 at 9:30 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)
September 20, 2023 Filing 13 MINUTE entry before the Honorable Matthew F. Kennelly: Motions by Daniel Adler #10 , Timothy Loose #11 , and Theane Evangelis #12 to appear pro hac vice are granted. (mk)
September 19, 2023 Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21103493. Unopposed (O'Malley, Robert)
September 19, 2023 Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21103226. Unopposed (O'Malley, Robert)
September 19, 2023 Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21103047. Unopposed (O'Malley, Robert)
September 9, 2023 Filing 9 MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for extension of time to answer #8 is granted; response to complaint is to be filed by 10/12/2023. (mk)
September 8, 2023 Filing 8 MOTION by Defendant Yamaha Motor Corporation, USA for extension of time to file answer (Unopposed Motion) (O'Malley, Robert)
September 8, 2023 Filing 7 ATTORNEY Appearance for Defendant Yamaha Motor Corporation, USA by Robert Edward O'Malley (O'Malley, Robert)
August 25, 2023 Filing 6 SUMMONS Returned Executed by Mitchell Higgins as to Yamaha Motor Corporation, USA on 8/22/2023, answer due 9/12/2023. (Goldstein, Matthew)
August 18, 2023 SUMMONS Issued as to Defendant Yamaha Motor Corporation, USA (axa, )
August 17, 2023 Filing 5 ATTORNEY Appearance for Plaintiff Mitchell Higgins by Matthew J. Goldstein (Goldstein, Matthew)
August 17, 2023 Filing 4 ATTORNEY Appearance for Plaintiff Mitchell Higgins by Tara Leigh Goodwin (Goodwin, Tara)
August 17, 2023 Filing 3 ATTORNEY Appearance for Plaintiff Mitchell Higgins by Daniel A. Edelman (Edelman, Daniel)
August 17, 2023 Filing 2 CIVIL Cover Sheet (Edelman, Daniel)
August 17, 2023 Filing 1 COMPLAINT - Class Action filed by Mitchell Higgins; Jury Demand. Filing fee $ 402, receipt number AILNDC-20939813. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Edelman, Daniel)
August 17, 2023 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. (axa, )
August 17, 2023 CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (axa, )

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Plaintiff: Mitchell Higgins
Represented By: Matthew J. Goldstein
Represented By: Daniel A. Edelman
Represented By: Tara Leigh Goodwin
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Defendant: Yamaha Motor Corporation, USA
Represented By: Timothy William Loose
Represented By: Robert Edward O'Malley
Represented By: Theane Evangelis
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