Delaney et al v. Affiliated FM Insurance Company
| Charles Delaney and RSS MSBAM2014-C19-DE MEC, LLC |
| Affiliated FM Insurance Company |
| 1:2024cv01541 |
| February 23, 2024 |
| US District Court for the Northern District of Illinois |
| Heather K McShain |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 STATUS Report Initial Joint Status Report by Charles Delaney (Weil, Edward) |
| Filing 20 Second AMENDED complaint by Charles Delaney against All Defendants Affliated FM Insurance (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9)(Tepper, Robert) |
| Filing 19 MINUTE entry before the Honorable Heather K. McShain: This case has been reassigned to Magistrate Judge McShain on consent of the parties to conduct all further proceedings pursuant to Local Rule 73.1 [ #16 , #18 ]. Defendant has filed a motion to dismiss #14 the first amended complaint. As noted in Judge Kness's 04/04/2024 minute order #15 , plaintiffs have until 04/19/2024 (21 days) to amend their complaint or until 04/26/2024 (28 days) to file their response to the motion. Because "[t]he mere filing of a motion to dismiss does not automatically stay discovery," Huang v. GeLab Cosmetics LLC, 2023 WL 3226198, at *2 (N.D. Ill. May 3, 2023), the parties shall meet and confer and file a joint initial status report on or before 04/22/2024. The parties are directed to review the procedures for initial status reports, including Judge McShain's Standing Order for Initial Status Report, available on the Court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge McShain and then the link for "Initial Status Report." As detailed in Judge McShain's standing order, the report should include the following: (a) a proposed discovery schedule; (b) a statement indicating whether expert discovery and/or discovery of electronically stored information is anticipated; (c) a description of settlement discussions, if any; and (d) any other issues the parties believe should be brought to the Court's attention. Should a dispute arise during discovery, parties are directed to review Magistrate Judge McShain's requirements for discovery motions (available on the Court's website by selecting the link for Magistrate Judge McShain and then the link for "Discovery Motion Requirements") in advance of the filing of any discovery motion. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) |
| Filing 18 MINUTE entry before the Executive Committee: Case reassignment to the Honorable Magistrate Judge Heather K. McShain for all further proceedings pursuant to Local Rule 73.1. Mailed notice (Attachments: #1 Request for Reassignment) (daj, ) |
| Filing 17 MINUTE entry before the Honorable John F. Kness: As the parties have consented to the jurisdiction of the magistrate judge for all further proceedings #16 , all deadlines and hearings set before this Court are stricken. Mailed notice. (exr, ) |
| Filing 16 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Tepper, Robert) |
| Filing 15 MINUTE entry before the Honorable John F. Kness: Before the Court is the motion to dismiss #14 of Defendant Affiliated FM Insurance Company. 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, Plaintiffs are directed to review Defendant's motion to dismiss and to consider exercising, as appropriate, Plaintiffs' right to amend under Rule 15(a)(1)(B). If Plaintiffs elect to amend their 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 Plaintiffs elect not to amend but instead chooses to litigate the motion to dismiss, Plaintiffs (unless ordered otherwise) must file their 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, Plaintiffs must also address whether any alleged deficiencies identified by the motion to dismiss are curable by amendment. Mailed notice. (exr, ) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Affiliated FM Insurance Company (Snow, Christopher) |
| Filing 13 MINUTE entry before the Honorable John F. Kness: Telephonic initial status hearing is set for 5/15/2024 at 9:30 A.M. 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. (exr, ) |
| Filing 12 MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice #10 is granted. Mailed notice. (exr, ) |
| Filing 11 MINUTE entry before the Honorable John F. Kness: Defendant's unopposed motion for extension of time to answer or otherwise respond to plaintiffs' first amended complaint #7 is granted. Defendant Affiliated FM Insurance Co. must answer or otherwise plead to Plaintiff's first amended complaint on or before 3/29/2024. Mailed notice. (exr, ) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21706102. for Thomas B. Alleman, Esq. (Alleman, Thomas) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Tatoiu, Anda) |
| Filing 8 ATTORNEY Appearance for Plaintiff Charles Delaney by Robert Dennis Tepper Attorney Appearance (Tepper, Robert) |
| Filing 7 MOTION by Defendant Affiliated FM Insurance Company for extension of time to file answer or otherwise respond to Plaintiffs' First Amended Complaint (Unopposed) (Snow, Christopher) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Affiliated FM Insurance Company (and Fed.R.Civ.P. 7.1(a)) (Snow, Christopher) |
| Filing 5 ATTORNEY Appearance for Plaintiff RSS MSBAM2014-C19-DE MEC, LLC by Edward Sidney Weil (Weil, Edward) |
| Filing 4 ATTORNEY Appearance for Plaintiff RSS MSBAM2014-C19-DE MEC, LLC by Anda Tatoiu (Tatoiu, Anda) |
| MAILED Notice of Removal letter to counsel of record. (daj, ) |
| 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. (daj, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (Civil Category 2). (gmm, ) |
| Filing 3 ATTORNEY Appearance for Defendant Affiliated FM Insurance Company by Christopher Mark Henry Snow (Snow, Christopher) |
| Filing 2 CIVIL Cover Sheet (Snow, Christopher) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, County Department, Chancery Division, case number (2024 CH 000516) filed by Affiliated FM Insurance Company Filing fee $ 405, receipt number AILNDC-21671862. (Attachments: #1 Exhibit First Amended Complaint and Exhibits, #2 Exhibit Initial Complaint and Other Filings Received)(Snow, Christopher) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
