Dorfman et al v. Ford Motor Company
| Neil Dorfman, Travis Corby, Chad Hobson and Allen Davis |
| Ford Motor Company |
| 1:2023cv15607 |
| November 2, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Motor Vehicle Product Liability |
| Both |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 32 REPLY by Ford Motor Company to MOTION by Defendant Ford Motor Company to transfer case Motion to Transfer Venue #22 , response in opposition to motion #31 (Attachments: #1 Exhibit A - Milstead Third Amended Complaint, #2 Exhibit B - Collier First Amended Complaint, #3 Exhibit C - Singh Amended Complaint)(Boxler, Brandon) |
| Filing 31 RESPONSE by Travis Corby, Allen Davis, Neil Dorfman, Chad Hobsonin Opposition to MOTION by Defendant Ford Motor Company to transfer case Motion to Transfer Venue #22 (Attachments: #1 Exhibit 1)(Brandt, Derek) |
| Filing 30 Notice of Pending Motion for Reassignment by Travis Corby, Allen Davis, Neil Dorfman, Chad Hobson (Attachments: #1 Exhibit 1)(Brandt, Derek) |
| Filing 29 ATTORNEY Appearance for Defendant Ford Motor Company by Fred J. Fresard (Fresard, Fred) |
| Filing 28 ATTORNEY Appearance for Defendant Ford Motor Company by Brandon Lee Boxler (Boxler, Brandon) |
| Filing 27 MINUTE entry before the Honorable John J. Tharp, Jr:The defendant's motion to transfer venue #22 is taken under advisement. The plaintiff's response is due by 11/30/23; the defendants' reply is due by 12/7/23. The defendant's motion to stay proceedings pending resolution of the motion to transfer #24 is granted. Mailed notice (air, ) |
| Filing 26 MINUTE entry before the Honorable John J. Tharp, Jr:Attorneys Brandon L. Boxler's and Fred J. Fresard's motions for leave to appear pro hac vice #20 , #21 are granted. Counsel are directed to file their appearances on behalf of the defendant. Mailed notice (air, ) |
| Filing 25 MEMORANDUM by Ford Motor Company in support of motion to stay #24 Pending Resolution of Motion to Transfer (Boyle, Mark) |
| Filing 24 MOTION by Defendant Ford Motor Company to stay regarding MOTION by Defendant Ford Motor Company to transfer case Motion to Transfer Venue #22 Pending Resolution of Motion to Transfer (Boyle, Mark) |
| Filing 23 MEMORANDUM by Ford Motor Company in support of motion to transfer case #22 Motion to Transfer Venue (Attachments: #1 Exhibit Exhibit A - Original Dorfman Complaint, #2 Exhibit Exhibit B - Johnson Complaint, #3 Exhibit Exhibit C - Opposition for Motion to Stay in Johnson, #4 Exhibit Exhibit D - Opposition for Motion to Transfer in Johnson, #5 Exhibit Exhibit E - Part 573 Recall Report)(Boyle, Mark) |
| Filing 22 MOTION by Defendant Ford Motor Company to transfer case Motion to Transfer Venue (Boyle, Mark) |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21332245. (Fresard, Fred) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21331591. (Boxler, Brandon) |
| Filing 19 ATTORNEY Appearance for Defendant Ford Motor Company by Zachary Andrew Kutsulis (Kutsulis, Zachary) |
| Filing 18 ATTORNEY Appearance for Defendant Ford Motor Company by Emily Elizabeth Dory (Dory, Emily) |
| Filing 17 ATTORNEY Appearance for Defendant Ford Motor Company by Mark Howard Boyle (Boyle, Mark) |
| Filing 16 SUMMONS Returned Executed by Neil Dorfman, Allen Davis, Chad Hobson, Travis Corby as to Ford Motor Company on 11/7/2023, answer due 11/28/2023. (Brandt, Derek) |
| Filing 15 First AMENDED complaint by Neil Dorfman, Allen Davis, Chad Hobson, Travis Corby against Ford Motor Company (Brandt, Derek) |
| Filing 14 ATTORNEY Appearance for Plaintiffs Travis Corby, Allen Davis, Neil Dorfman, Chad Hobson by Dennis Allen Lienhardt, Jr (Lienhardt, Dennis) |
| Filing 13 ATTORNEY Appearance for Plaintiffs Travis Corby, Allen Davis, Neil Dorfman, Chad Hobson by Richard D McCune, Jr (McCune, Richard) |
| Filing 12 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Dennis A. Lienhardt, Jr.'s motion for leave to appear pro hac vice #7 is granted. Counsel is directed to file an appearance on behalf of the plaintiffs. Mailed notice (air, ) |
| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Richard D. McCune's motion for leave to appear pro hac vice #6 is granted. Counsel is directed to file an appearance on behalf of the plaintiffs. Mailed notice (air, ) |
| Filing 10 MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the complaint, it fails to adequately plead subject matter jurisdiction. The complaint asserts jurisdiction under CAFA because "at least one plaintiff and one defendant are citizens of different States." This is insufficient, even considering that the complaint goes on to assert the residence of each of the four named plaintiffs. "The CAFA permits removal of a proposed class action to federal court as long as there is minimal diversity, meaning just one member of the plaintiff class needs to be a citizen of a state different from any one defendant." Dancel v. Groupon, Inc., 940 F.3d 381, 383 (7th Cir. 2019). The plaintiffs must "identify a specific, diverse class member," id. at 386, and that class member's state of citizenship, to adequately invoke the Court's jurisdiction. See id. at 385 ("In ordinary, non-class diversity cases, we have admonished parties that they cannot merely allege diversity of citizenship without identifying the parties' states of citizenship, for that is no better than a bare assertion that the defendants are citizens of another state different from the Plaintiff. That the hurdle of minimal diversity for the CAFA is lower than the complete diversity required in most cases does not provide a basis to alter this rule, and we have applied it vigorously even in the class-action context." (cleaned up)). For the court to assess the plaintiffs' claims of citizenship, the plaintiffs must identify the state in which the identified class member is domiciled (which may differ from the state of residence). See generally Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012). The plaintiffs are granted leave to amend to address this issue by 11/16/23. Failure to timely and adequately amend may result in dismissal of the case. Mailed notice (air, ) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Travis Corby, Allen Davis, Neil Dorfman, Chad Hobson by Leigh Michele Perica Amended (Perica, Leigh) |
| Filing 8 ATTORNEY Appearance for Plaintiffs Travis Corby, Allen Davis, Neil Dorfman, Chad Hobson by Derek Yeats Brandt Amended (Brandt, Derek) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21293742. (Lienhardt, Dennis) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21292953. (McCune, Richard) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Travis Corby, Allen Davis, Neil Dorfman, Chad Hobson by David Christopher Wright (Wright, David) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Travis Corby, Allen Davis, Neil Dorfman, Chad Hobson by Leigh Michele Perica (Perica, Leigh) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Travis Corby, Allen Davis, Neil Dorfman, Chad Hobson by Derek Yeats Brandt (Brandt, Derek) |
| Filing 2 CIVIL Cover Sheet (Brandt, Derek) |
| Filing 1 COMPLAINT filed by Neil Dorfman, Allen Davis, Chad Hobson, Travis Corby; Jury Demand. Filing fee $ 402, receipt number AILNDC-21291613. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Errata 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Brandt, Derek) |
| 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. (rc, ) |
| SUMMONS Issued as to Defendant Ford Motor Company (axa, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 1). (rc, ) |
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