City of Chicago v. BP P.L.C. et al
| City of Chicago |
| BP P.L.C., BP America Inc., BP Products North America Inc., Chevron Corporation, Chevron U.S.A. Inc., ConocoPhillips Company, ConocoPhillips, Phillips 66 Company, Phillips 66, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Shell Oil Products Company LLC, Shell PLC, Shell, USA, Inc., American Petroleum Institute and Shell USA, Inc. |
| 1:2024cv02496 |
| March 27, 2024 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Real Property: Torts to Land |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Defendant |
Docket Report
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| Document Text |
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| Filing 66 MOTION by Plaintiff City of Chicago to remand to State Court (Attachments: #1 Plaintiff's Brief ISO its Motion to Remand)(Edling, Matthew) |
| Filing 65 SUMMONS Returned Executed by City of Chicago as to BP P.L.C. on 4/12/2024, answer due 5/3/2024; Shell PLC on 4/12/2024, answer due 5/3/2024. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Flynn, Daniel) |
| Filing 64 CERTIFICATE of Service OF COMPLAINT AND SUMMONS by Daniel Rock Flynn on behalf of City of Chicago (Attachments: #1 Exhibit A, #2 Exhibit B)(Flynn, Daniel) |
| Filing 63 MINUTE entry before the Honorable Franklin U. Valderrama: Attorney William E. Thomson's motion for leave to appear pro hac vice #62 is granted. Mailed notice. (kp, ) |
| Filing 62 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21873968. (Thomson, William) |
| Filing 61 MINUTE entry before the Honorable Franklin U. Valderrama: Attorneys Brian Schmalzbach and Thomas G. Hungar's motion for leave to appear pro hac vice #59 , #60 is granted. Mailed notice. (kp, ) |
| Filing 60 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21865127. (Hungar, Thomas) |
| Filing 59 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21852312. (Schmalzbach, Brian) |
| Filing 58 MINUTE entry before the Honorable Franklin U. Valderrama: Attorney Jeremiah J. Anderson's motion for leave to appear pro hac vice #57 is granted. Mailed notice. (kp, ) |
| Filing 57 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21848203. (Anderson, Jeremiah) |
| SUMMONS Issued as to Defendants BP P.L.C., Shell PLC (axk, ) |
| Filing 56 MINUTE entry before the Honorable Franklin U. Valderrama: Attorneys Diana E. Reiter, John D. Lombardo, and Jonathan W. Hughes' motions for leave to appear pro hac vice #51 , #52 , #53 are granted. Emailed notice. (cdh, ) |
| Filing 55 MINUTE entry before the Honorable Franklin U. Valderrama: Telephonic status hearing held on 4/9/2024. Counsel for Plaintiff City of Chicago, Defendants BP America, Inc., BP Products North America Inc., Chevron Corporation, Chevron U.S.A., Inc., ConocoPhillips Company, ConocoPhillips, Phillips 66 Company, Phillips 66, Exxon Mobil Corporation, ExxonMobil Oil Corporation, Shell Oil Products Company LLC, Shell USA, Inc., and American Petroleum Institute appeared telephonically. Counsel for the Plaintiff reports to the Court, that it is effectuating service on the two remaining Defendants, BP P.L.C. and Shell PLC, which are international entities. As stated on the record, minute orders will be entered granting all pending Motions for Leave to Appear Pro Hac Vice. As fully disclosed on the record, one of the attorneys for Plaintiff City of Chicago, Chelsey Metcalf, was a former law clerk for Judge Valderrama over a year ago. The Court's perspective is that fact does not affect the Court's impartially for purposes of presiding over this matter. Given the disclosure, the Court asked the if any parties had any issues, and all parties stated on the record that they did not have any questions or issues at that time. The parties are free to make any filing they deem appropriate, given this disclosure. Emailed notice. (cdh, ) |
| Filing 54 MINUTE entry before the Honorable Franklin U. Valderrama: Attorneys Paul Stephan, Matthew K. Edling, Victor M. Sher, Anna Claire Skinner, Joshua D. Dick, Theodore J. Boutrous Jr., Theodore V. Wells, Jr., Daniel J. Toal, Yahonnes Cleary, Caitlin Grusauskas' motions for leave to appear pro hac vice #39 , #40 , #41 , #43 , #44 , #45 , #46 , #47 , #48 , #49 are granted. Mailed notice. (kp, ) |
| Filing 53 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21831708. (Hughes, Jonathan) |
| Filing 52 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21831653. (Lombardo, John) |
| Filing 51 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21831532. (Reiter, Diana) |
| Filing 50 ATTORNEY Appearance for Plaintiff City of Chicago by Stephen J Kane (Kane, Stephen) |
| Filing 49 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21829902. (Grusauskas, Caitlin) |
| Filing 48 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21829874. (Cleary, Yahonnes) |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21829850. (Toal, Daniel) |
| Filing 46 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21829773. (Wells, jr., Theodore) |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21828430. (Boutrous, Theodore) |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21828418. (Dick, Joshua) |
| Filing 43 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21827407. (Skinner, Anna) |
| Filing 42 MINUTE entry before the Honorable Franklin U. Valderrama: Attorneys Nicole C. Valco and Katherine A. Rouse's motions for leave to appear pro hac vice #33 , #34 are granted. Mailed notice. (kp, ) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21825209. (Sher, Victor) |
| Filing 40 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21825168. (Edling, Matthew) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21825098. (Stephan, Paul) |
| Filing 38 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chevron Corporation, Chevron U.S.A. Inc. (Corrected) (Holmes, Patricia) |
| Filing 37 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ConocoPhillips, ConocoPhillips Company and Corporate Disclosure Statement (Perio, Ryanne) |
| Filing 36 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chevron Corporation, Chevron U.S.A. Inc. Disclosure Statement (Holmes, Patricia) |
| Filing 35 CERTIFICATE of Service by Patricia Brown Holmes on behalf of Chevron Corporation, Chevron U.S.A. Inc. (Holmes, Patricia) |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21821216. (Rouse, Katherine) |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21821168. (Valco, Nicole) |
| Filing 32 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Phillips 66, Phillips 66 Company and Corporate Disclosure Statement (Berkowitz, Sean) |
| Filing 31 MINUTE entry before the Honorable Franklin U. Valderrama: The Court sets a telephonic status hearing for 4/9/2024 at 2:30 p.m. The call-in number is (888) 808-6929 and the access code is 5348076. 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 (mjc, ) |
| Filing 30 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants the parties' joint motion regarding motion to remand briefing #26 . As described in more detail in the accompanying order, Plaintiff's Motion to Remand is due by 5/16/2024; Defendants' response is due by 7/1/2024; Plaintiff's reply is due by 7/31/2024. The brief in support of Plaintiff's Motion to Remand and Defendants' response shall not exceed 30 pages, and any Reply shall not exceed 18 pages. No Defendant is required to file an Answer or Motion to Dismiss or otherwise respond to the Complaint before the Court's order on Plaintiff's Motion to Remand. If the Court denies Plaintiff's Motion to Remand, Defendants shall file any Motions to Dismiss within 60 days of an Order denying the Motion to Remand. The Parties shall also promptly meet and confer regarding an appropriate briefing schedule and plan for Oppositions and Replies and page limits for Motions to Dismiss briefing and will endeavor to jointly submit a proposal to the Court within 10 days of the Court's order denying Plaintiff's Motion to Remand. If the Parties are not able to agree on a proposed briefing schedule, they shall submit separate proposals to the Court. In the event the Court denies Defendants' Motions to Dismiss, in whole or in part, Defendants' answers shall be due within 60 days of the Court's denial of the last of the Motions. No presently unserved defendant will be required to file an Answer or Motion to Dismiss or otherwise respond to the Complaint before the deadlines specified for Defendants herein. The deadline to serve Rule 26(a) Initial Disclosures and the issuance of a Rule 16(b) Scheduling Order shall be stayed until after the Court has ruled on the Motion to Remand. Mailed notice (mjc, ) |
| Filing 29 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Shell Oil Products Company LLC, Shell USA, Inc. and Corporate Disclosure Statement (Mueller, Nicole) |
| Filing 28 ATTORNEY Appearance for Defendants Exxon Mobil Corporation, ExxonMobil Oil Corporation by Danielle E. Austriaco (Austriaco, Danielle) |
| Filing 27 ATTORNEY Appearance for Defendants Exxon Mobil Corporation, ExxonMobil Oil Corporation by David Francis Fanning (Fanning, David) |
| Filing 26 MOTION by Defendants Chevron Corporation, Chevron U.S.A. Inc. to set a briefing schedule (Joint Motion Regarding Motion to Remand Briefing) (Holmes, Patricia) |
| Filing 25 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Exxon Mobil Corporation, ExxonMobil Oil Corporation (Morris, Howard) |
| Filing 24 ATTORNEY Appearance for Defendants Exxon Mobil Corporation, ExxonMobil Oil Corporation by Howard Patrick Morris (Morris, Howard) |
| Filing 23 ATTORNEY Appearance for Defendant American Petroleum Institute by Patrick Paul Clyder (Clyder, Patrick) |
| Filing 22 ATTORNEY Appearance for Defendants BP America Inc., BP Products North America Inc. by George D Sax (Sax, George) |
| Filing 21 ATTORNEY Appearance for Defendants Shell Oil Products Company LLC, Shell USA, Inc. by Nicole Claire Mueller (Mueller, Nicole) |
| Filing 20 ATTORNEY Appearance for Defendants Shell Oil Products Company LLC, Shell USA, Inc. by Kenn Brotman (Brotman, Kenn) |
| Filing 19 ATTORNEY Appearance for Defendants ConocoPhillips, ConocoPhillips Company, Phillips 66, Phillips 66 Company by Sean M. Berkowitz (Berkowitz, Sean) |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BP Products North America Inc. (Scharf, Stephanie) |
| Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by BP America Inc. (Scharf, Stephanie) |
| Filing 16 ATTORNEY Appearance for Defendants BP America Inc., BP Products North America Inc. by Stephanie Ann Scharf (Scharf, Stephanie) |
| Filing 15 ATTORNEY Appearance for Plaintiff City of Chicago by Daniel Rock Flynn (Flynn, Daniel) |
| Filing 14 ATTORNEY Appearance for Plaintiff City of Chicago by Adam J. Levitt (Levitt, Adam) |
| Filing 13 ATTORNEY Appearance for Plaintiff City of Chicago by Chelsey Blaire Metcalf (Metcalf, Chelsey) |
| Filing 12 MAILED Notice of Removal letter to counsel of record (lm, ) |
| Filing 11 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 06/11/2024, the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. The removing party must serve this Minute Entry on all other parties. If the opposing party has not been served with notice pursuant to 28 U.S.C. 1446(d) by that date, the removing party's counsel is instructed to file an individual status report indicating the status of notice of removal by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Emailed notice (axc). |
| 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. (lm, ) |
| Filing 10 ATTORNEY Appearance for Defendant ConocoPhillips by Ryanne E Perio (Perio, Ryanne) |
| Filing 9 ATTORNEY Appearance for Defendants Chevron Corporation, Chevron U.S.A. Inc. by Christopher Lee Schaeffer (Schaeffer, Christopher) |
| Filing 8 ATTORNEY Appearance for Defendants Chevron Corporation, Chevron U.S.A. Inc. by Lauren Elizabeth Jaffe (Jaffe, Lauren) |
| Filing 7 ATTORNEY Appearance for Defendants Chevron Corporation, Chevron U.S.A. Inc. by Ronald S. Safer (Safer, Ronald) |
| Filing 6 ATTORNEY Appearance for Defendants Chevron Corporation, Chevron U.S.A. Inc. by Patricia Brown Holmes (Holmes, Patricia) |
| Filing 5 CIVIL Cover Sheet (Holmes, Patricia) |
| Filing 4 EXHIBIT by Defendants Chevron Corporation, Chevron U.S.A. Inc. / Exhibits 73-96 to Dick Declaration regarding notice of removal,,,, #1 (Attachments: #1 Exhibit 74 to Dick Declaration, #2 Exhibit 75 to Dick Declaration, #3 Exhibit 76 to Dick Declaration, #4 Exhibit 77 to Dick Declaration, #5 Exhibit 78 to Dick Declaration, #6 Exhibit 79 to Dick Declaration, #7 Exhibit 80 to Dick Declaration, #8 Exhibit 81 to Dick Declaration, #9 Exhibit 82 to Dick Declaration, #10 Exhibit 83 to Dick Declaration, #11 Exhibit 84 to Dick Declaration, #12 Exhibit 85 to Dick Declaration, #13 Exhibit 86 to Dick Declaration, #14 Exhibit 87 to Dick Declaration, #15 Exhibit 88 to Dick Declaration, #16 Exhibit 89 to Dick Declaration, #17 Exhibit 90 to Dick Declaration, #18 Exhibit 91 to Dick Declaration, #19 Exhibit 92 to Dick Declaration, #20 Exhibit 93 to Dick Declaration, #21 Exhibit 94 to Dick Declaration, #22 Exhibit 95 to Dick Declaration, #23 Exhibit 96 to Dick Declaration)(Holmes, Patricia) |
| Filing 3 EXHIBIT by Defendants Chevron Corporation, Chevron U.S.A. Inc. / Exhibits 49-72 to Dick Declaration regarding notice of removal,,,, #1 (Attachments: #1 Exhibit 50 to Dick Declaration, #2 Exhibit 51 to Dick Declaration, #3 Exhibit 52 to Dick Declaration, #4 Exhibit 53 to Dick Declaration, #5 Exhibit 54 to Dick Declaration, #6 Exhibit 55 to Dick Declaration, #7 Exhibit 56 to Dick Declaration, #8 Exhibit 57 to Dick Declaration, #9 Exhibit 58 to Dick Declaration, #10 Exhibit 59 to Dick Declaration, #11 Exhibit 60 to Dick Declaration, #12 Exhibit 61 to Dick Declaration, #13 Exhibit 62 to Dick Declaration, #14 Exhibit 63 to Dick Declaration, #15 Exhibit 64 to Dick Declaration, #16 Exhibit 65 to Dick Declaration, #17 Exhibit 66 to Dick Declaration, #18 Exhibit 67 to Dick Declaration, #19 Exhibit 68 to Dick Declaration, #20 Exhibit 69 to Dick Declaration, #21 Exhibit 70 to Dick Declaration, #22 Exhibit 71 to Dick Declaration, #23 Exhibit 72 to Dick Declaration)(Holmes, Patricia) |
| Filing 2 EXHIBIT by Defendants Chevron Corporation, Chevron U.S.A. Inc. / Exhibits 25-48 to Dick Declaration regarding notice of removal,,,, #1 (Attachments: #1 Exhibit 26 to Dick Declaration, #2 Exhibit 27 to Dick Declaration, #3 Exhibit 28 to Dick Declaration, #4 Exhibit 29 to Dick Declaration, #5 Exhibit 30 to Dick Declaration, #6 Exhibit 31 to Dick Declaration, #7 Exhibit 32 to Dick Declaration, #8 Exhibit 33 to Dick Declaration, #9 Exhibit 34 to Dick Declaration, #10 Exhibit 35 to Dick Declaration, #11 Exhibit 36 to Dick Declaration, #12 Exhibit 37 to Dick Declaration, #13 Exhibit 38 to Dick Declaration, #14 Exhibit 39 to Dick Declaration, #15 Exhibit 40 to Dick Declaration, #16 Exhibit 41 to Dick Declaration, #17 Exhibit 42 to Dick Declaration, #18 Exhibit 43 to Dick Declaration, #19 Exhibit 44 to Dick Declaration, #20 Exhibit 45 to Dick Declaration, #21 Exhibit 46 to Dick Declaration, #22 Exhibit 47 to Dick Declaration, #23 Exhibit 48 to Dick Declaration)(Holmes, Patricia) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2024CH01024) filed by Chevron Corporation, Chevron U.S.A. Inc. Filing fee $ 405, receipt number AILNDC-21792822. (Attachments: #1 Exhibit 1, #2 Declaration of Joshua D. Dick, #3 Exhibit 1 to Dick Declaration, #4 Exhibit 2 to Dick Declaration, #5 Exhibit 3 to Dick Declaration, #6 Exhibit 4 to Dick Declaration, #7 Exhibit 5 to Dick Declaration, #8 Exhibit 6 to Dick Declaration, #9 Exhibit 7 to Dick Declaration, #10 Exhibit 8 to Dick Declaration, #11 Exhibit 9 to Dick Declaration, #12 Exhibit 10 to Dick Declaration, #13 Exhibit 11 to Dick Declaration, #14 Exhibit 12 to Dick Declaration, #15 Exhibit 13 to Dick Declaration, #16 Exhibit 14 to Dick Declaration, #17 Exhibit 15 to Dick Declaration, #18 Exhibit 16 to Dick Declaration, #19 Exhibit 17 to Dick Declaration, #20 Exhibit 18 to Dick Declaration, #21 Exhibit 19 to Dick Declaration, #22 Exhibit 20 to Dick Declaration, #23 Exhibit 21 to Dick Declaration, #24 Exhibit 22 to Dick Declaration, #25 Exhibit 23 to Dick Declaration, #26 Exhibit 24 to Dick Declaration)(Holmes, Patricia) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 3). (vkm, ) |
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