Fefferman et al v. United Airlines, Inc.
| Michal Fefferman, Ben Fefferman and O. F. |
| United Airlines, Inc. |
| 1:2024cv01104 |
| February 7, 2024 |
| US District Court for the Northern District of Illinois |
| Beth W Jantz |
| Martha M Pacold |
| P.I.: Airplane Product Liability |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| Both |
Docket Report
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This docket was last retrieved on April 5, 2024. A more recent docket listing may be available from PACER.
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| Filing 16 MINUTE entry before the Honorable Beth W. Jantz: The Court has reviewed the parties' Rule 26(f) Report 22 and sets the following deadlines: initial disclosures to issue by 4/15/24. Written discovery requests to issue by 4/23/24. Fact discovery to close on 2/10/25. An expert discovery schedule will be set at the end of fact discovery. A status hearing is set for 6/27/2024 at 1:45 p.m. in which the parties will provide and update on the progress of fact discovery and any interest in settlement. To join the 6/27/2024 status conference by phone, dial 1-650-479-3207 and enter access code 97829499. Entering an attendee code is not required. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (as, ) |
| Filing 15 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint, filed by Defendant United Airlines, Inc.. (Leamy, Richard) |
| Filing 14 MINUTE entry before the Honorable Beth W. Jantz: This case has been referred to Judge Jantz for discovery supervision and settlement. The parties are directed to meet and confer on Rule 26(f) issues on or before 4/3/24 and file a Rule 26(f) conference report by 4/10/24, including noting any interest in early settlement talks and proposed discovery dates. The Court will set additional deadlines upon review of the Rule 26(f) conference report. Mailed notice. (jg, ) |
| Filing 13 STATUS Report Joint (by all parties) by O. F., Ben Fefferman, Michal Fefferman Presented before Magistrate Judge (Redavid, Jordan) |
| Filing 12 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Beth W. Jantz for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file any motions for leave to amend the pleadings, to set a dispositive motions schedule, and for settlement. (rao, ) |
| Filing 11 ANSWER to Complaint with Jury Demand by United Airlines, Inc.(Leamy, Richard) |
| Filing 10 MINUTE entry before the Honorable Martha M. Pacold: Defendant's agreed motion for extension of time to answer or otherwise plead #9 is granted. Defendant to answer or otherwise plead to plaintiff's complaint by 3/18/2024. The parties are given until 3/20/2024 to file the initial joint status report. (Attachments: #1 Outline for the Initial Joint Status Report) (rao, ) |
| Filing 9 MOTION by Defendant United Airlines, Inc. for extension of time to file answer regarding complaint #1 Agreed (Leamy, Richard) |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 3/13/2024. (Attachments: #1 Outline for the Initial Joint Status Report) (rao, ) |
| Filing 7 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs' jurisdictional statement, #3 , addresses the court's show cause order. #2 . Defendant is not precluded from making any jurisdictional arguments. (rao, ) |
| Filing 6 ATTORNEY Appearance for Defendant United Airlines, Inc. by James Jason Coggins (Coggins, James) |
| Filing 5 ATTORNEY Appearance for Defendant United Airlines, Inc. by Anna Elizabeth Morrison-Ricordati (Morrison-Ricordati, Anna) |
| Filing 4 ATTORNEY Appearance for Defendant United Airlines, Inc. by Richard John Leamy, Jr (Leamy, Richard) |
| Filing 3 RESPONSE by Plaintiffs O. F., Ben Fefferman, Michal Fefferman to text entry,,,,,,,, #2 (Redavid, Jordan) |
| Filing 2 MINUTE entry before the Honorable Martha M. Pacold: Plaintiffs are ordered to show cause by 3/1/24 why this case should not be dismissed for lack of subject matter jurisdiction. The complaint does not properly allege the citizenship of plaintiffs. The complaint alleges that plaintiffs "were, at all times material, adult residents of Jerusalem, Israel." This is not sufficient to establish citizenship. An individual's citizenship is his domicile. To establish domicile, there must be "physical presence in a state, with an intent to remain there." Denlinger v. Brennan, 87 F.3d 214 (7th Cir. 1996). Similarly, plaintiffs have not established the citizenship of defendant. The complaint states that defendant is a "Delaware Corporation operating a domestic and international airline from a headquarters in Chicago, Illinois." Under 28 U.S.C. 1332(c)(1), the citizenship of a corporation is every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business. In addition to addressing any other issues necessary to establish diversity jurisdiction, the statement should specifically address whether the court has original jurisdiction under the Montreal Convention. This statement should include citations to appropriate legal authorities. Plaintiffs may discharge this order by filing a jurisdictional statement by 3/1/24 that properly establishes diversity of citizenship between the plaintiffs and defendant. If plaintiffs need more time, they may file a motion for extension of time. Failure to comply will result in dismissal for lack of subject matter jurisdiction. (To the extent that information about defendant's citizenship is within defendant's possession rather than plaintiffs', defendant must provide that information to plaintiffs in good faith for inclusion in the jurisdictional statement to allow the court to assess whether subject matter jurisdiction exists.) (rao, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3). (jcm) |
| 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. (jcm) |
| SUMMONS Issued as to Defendant United Airlines, Inc. (mcp, ) |
| Filing 1 COMPLAINT filed by Michal Fefferman, O. F., Ben Fefferman; Jury Demand. Filing fee $ 405, receipt number AILNDC-21617910. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Redavid, Jordan) |
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