Silvera v. Maxim Healthcare Staffing Services Inc et al
| Christina Silvera |
| Maxim Healthcare Staffing Services Inc and Mabley Family Association, Inc. doing business as Jack Mabley Developmental Center |
| 1:2024cv03896 |
| May 13, 2024 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Both |
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| Document Text |
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| Filing 19 RECEIVED from Illinois Central; Case Number 4:24-cv-04003. (ph, ) |
TEXT ORDER entered by Chief Judge Sara Darrow on May 13, 2024. Plaintiff Christina Silvera filed a #1 complaint against Maxim Healthcare Staffing Services, Inc. ("Maxim") and Mabley Family Association, Inc. d/b/a Jack Mabley Developmental Center ("Mabley") on January 3, 2024. Maxim (n/k/a Amergis, see, e.g., #14 Mot. Compel Arbitration 1 & n.1) argues that Silvera's claims should be dismissed because Silvera and Maxim are parties to an arbitration agreement and Silvera should therefore be compelled to arbitrate. See, e.g., #7 Maxim Answer 12; see generally #14 Mot. Compel Arbitration. Silvera and Maxim have now filed a #18 Stipulation to Dismiss Claims Against Maxim Healthcare Staffing Services, Inc. to Proceed to Arbitration, stating that Silvera and Maxim agree to the dismissal of all claims against Maxim without prejudice so that the parties can arbitrate their dispute. #18 Stipulation 1. The parties do not cite to any legal authority or procedural rule to support their #18 Stipulation. Generally, an attempt to voluntarily dismiss only certain claims from a complaint should be treated as a motion to amend the complaint. Taylor v. Brown, 787 F.3d 851, 858 (7th Cir. 2015) (finding a request to voluntarily dismiss individual parties or claims to be a motion to amend the complaint under Federal Rule of Civil Procedure 15). The Court therefore construes Silvera and Maxim's #18 stipulation as a motion to amend the #1 complaint under Federal Rule of Civil Procedure 15(a)(2) which allows a court to give a party leave to amend its complaint and provides that such leave should be "freely give[n]... when justice so requires." Fed. R. Civ. P. 15(a)(2). The claims against Maxim (n/k/a Amergis) are DISMISSED WITHOUT PREJUDICE. The Clerk is directed to terminate Maxim Healthcare Staffing Services, Inc. as Defendant on the docket. In accordance with the Court's ruling, Maxim's #14 motion to compel arbitration is MOOT. Additionally, Mabley filed a #11 motion to dismiss on March 20, 2024, arguing, among other things, that venue is not proper and the case should be transferred to the Northern District of Illinois. #11 Mabley Mot. Dismiss 6-7. Based on Mabley's #11 motion to dismiss, Silvera #13 now moves to transfer venue pursuant to 28 U.S.C. 1406. #13 Mot. Transfer Venue 2 ("Plaintiff concedes that this case should have been brought in the Northern District of Illinois-Western Division.... Plaintiff respectfully requests that this Honorable Court transfer this case..."); 28 U.S.C. 1406(a) ("The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought."). Mabley did not file a response in opposition to the #13 motion to transfer. The #13 motion to transfer is GRANTED. Pursuant to 28 U.S.C. 1406(a) and in the interests of justice, the Court ORDERS this case be TRANSFERRED to the Northern District of Illinois, Western Division. (ARR) [Transferred from Illinois Central on 5/13/2024.]
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| Filing 18 STIPULATION TO DISMISS CLAIMS AGAINST MAXIM HEALTHCARE STAFFING SERVICES, INC. TO PROCEED TO ARBITRATION by Christina Silvera.. (Badwan, Mohammed) [Transferred from Illinois Central on 5/13/2024.] |
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TEXT ORDER granting #17 Unopposed Motion to Extend deadline to Amend Complaint. Amended Pleadings due by 5/16/2024. Entered by Magistrate Judge Jonathan E. Hawley on 5/3/24. (WG) [Transferred from Illinois Central on 5/13/2024.]
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| Filing 17 MOTION for Extension of Time to File Amended Complaint (Unopposed) by Plaintiff Christina Silvera. Responses due by 5/16/2024 (Badwan, Mohammed) [Transferred from Illinois Central on 5/13/2024.] |
| Reset Deadlines: Amended Pleadings due by 5/2/2024. See the Court's text order entered 4/18/2024. (JMB) [Transferred from Illinois Central on 5/13/2024.] |
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TEXT ORDER: The #12 Plaintiff's Motion to Amend Complaint is GRANTED. #11 Defendant Jack Mabley Developmental Center's Motion to Dismiss is accordingly MOOT. The Plaintiff must file her amended complaint by 5/2/2024, and the Defendants must respond to the amended complaint in accordance with Fed. R. Civ. P. 15(a)(3). See Civil LR 7.1(E). Entered by Magistrate Judge Jonathan E. Hawley on 4/18/2024. (KZ) [Transferred from Illinois Central on 5/13/2024.]
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| Filing 16 MEMORANDUM in Opposition re #13 MOTION to Transfer Case Venue filed by Defendant Maxim Healthcare Staffing Services Inc. (Ralph, Jennifer) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Compel Arbitration filed by Defendant Maxim Healthcare Staffing Services Inc. (Ralph, Jennifer) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 14 MOTION to Compel Arbitration by Defendant Maxim Healthcare Staffing Services Inc. Responses due by 5/1/2024 (Attachments: #1 Exhibit Declaration ISO of Motion)(Ralph, Jennifer) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 13 MOTION to Transfer Case Venue by Plaintiff Christina Silvera. Responses due by 4/17/2024 (Badwan, Mohammed) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 12 First MOTION to Amend/Correct #1 Complaint, by Plaintiff Christina Silvera. Responses due by 4/17/2024 (Badwan, Mohammed) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 11 MOTION to Dismiss by Defendant Mabley Family Association Inc. Responses due by 4/3/2024 (JMB) [Transferred from Illinois Central on 5/13/2024.] |
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TEXT ORDER: Having reviewed Defendant Jack Mabley Developmental Center's #10 Motion for Leave to File Responsive Pleading Instanter and the attached Motion to Dismiss, and no responses thereto having been filed, the Court presumes there is no opposition to the #10 Motion pursuant to Civil Local Rule 7.1(B)(2). Accordingly, the #10 Motion for Leave to File is GRANTED. The Clerk is directed to docket the Motion to Dismiss. Entered by Magistrate Judge Jonathan E. Hawley on 3/18/2024. (KZ) [Transferred from Illinois Central on 5/13/2024.]
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| Filing 10 MOTION for Leave to File RESPONSIVE PLEADING INSTANTER by Defendant Mabley Family Association Inc. Responses due by 3/15/2024 (Kang, Zherong) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 9 NOTICE of Appearance of Attorney by Zherong Kang on behalf of Mabley Family Association Inc (Kang, Zherong) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 8 Supplemental 7.1 Disclosure Statement by Maxim Healthcare Staffing Services Inc. (Ralph, Jennifer) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 7 Defendant Maxim Healthcare Staffing Services, Inc. ANSWER to #1 Complaint, AND AFFIRMATIVE DEFENSES by Maxim Healthcare Staffing Services Inc.(Ralph, Jennifer) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 6 NOTICE of Appearance of Attorney by Jennifer Lucia Ralph on behalf of Maxim Healthcare Staffing Services Inc (Ralph, Jennifer) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 5 SUMMONS Returned Executed by Christina Silvera. Mabley Family Association Inc served on 1/16/2024, answer due 2/6/2024. (Taylor, Alexander) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 4 SUMMONS Returned Executed by Christina Silvera. Maxim Healthcare Staffing Services Inc served on 1/8/2024, answer due 1/29/2024. (Badwan, Mohammed) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 3 Summons Issued as to Mabley Family Association Inc, Maxim Healthcare Staffing Services Inc and mailed to counsel for the Plaintiff for service. (JMB) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 2 NOTICE of Appearance of Attorney by Mohammed Omar Badwan on behalf of Christina Silvera (Badwan, Mohammed) [Transferred from Illinois Central on 5/13/2024.] |
| Filing 1 COMPLAINT against Mabley Family Association, Inc., Maxim Healthcare Staffing Services, Inc. ( Filing fee $ 405 receipt number AILCDC-4373802.), filed by Christina Silvera. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D)(Badwan, Mohammed) [Transferred from Illinois Central on 5/13/2024.] |
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