Pappert et al v. Conagra Brands, Inc.
| William Martin, Cindy Pappert and Catherine Foster |
| Conagra Brands, Inc. |
| 1:2024cv04835 |
| June 11, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Real Property: Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on July 24, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 MINUTE entry before the Honorable John J. Tharp, Jr: In light of the parties' joint initial status report #24 , the Court will defer setting a case management schedule until a ruling on the pending motion to dismiss is issued. Mailed notice (air, ) |
| Filing 24 STATUS Report by Catherine Foster, William Martin, Cindy Pappert (Smith, Joel) |
| Filing 23 ATTORNEY Appearance for Defendant Conagra Brands, Inc. by Troy Stram (Stram, Troy) |
| Filing 22 ATTORNEY Appearance for Defendant Conagra Brands, Inc. by Andrew Garner Phillips (Phillips, Andrew) |
| Filing 21 ATTORNEY Appearance for Defendant Conagra Brands, Inc. by Angela M. Spivey (Spivey, Angela) |
| Filing 20 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Troy Stram's motion for leave to appear pro hac vice #18 is granted. Counsel is directed to file an appearance on the record. Mailed notice (air, ) |
| Filing 19 MINUTE entry before the Honorable John J. Tharp, Jr:Attorneys Angela Spivey and Andrew Phillips' motions for leave to appear pro hac vice #16 #17 are granted. Counsel are directed to file an appearance on the docket. Mailed notice (air, ) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22256149. (Stram, Troy) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22251785. (Phillips, Andrew) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22251716. (Spivey, Angela) |
| Filing 15 MINUTE entry before the Honorable John J. Tharp, Jr:Defendant's agreed motion for extension of time to respond to plaintiff's complaint #12 is granted. Defendant Conagra Brands, Inc.'s answer or other response to the complaint is due 8/23/24. The parties' joint motion for agreed briefing schedule in the event the defendant files a motion to dismiss #13 is also granted. The motion to dismiss is due 8/23/24. Response due 9/23/24; reply due 10/23/24. The parties' joint motion for leave to file briefs in excess of page limit #14 is also granted. The defendant has leave to file a memorandum brief in support of its motion to dismiss consisting of up to 25 pages; the plaintiff has leave to file a response brief in opposition to the motion that also consists of up to 25 pages. Mailed notice (air, ) |
| Filing 14 MOTION by Defendant Conagra Brands, Inc. for leave to file excess pages (Joint Motion) (Taylor, Tobin) |
| Filing 13 MOTION by Defendant Conagra Brands, Inc. to set a briefing schedule on Defendant's Motion to Dismiss (Joint Motion) (Taylor, Tobin) |
| Filing 12 MOTION by Defendant Conagra Brands, Inc. for extension of time to file answer (Agreed Motion) (Taylor, Tobin) |
| Filing 11 ATTORNEY Appearance for Defendant Conagra Brands, Inc. by Laura Lee Buecker (Buecker, Laura) |
| Filing 10 ATTORNEY Appearance for Defendant Conagra Brands, Inc. by Andrew J Roth (Roth, Andrew) |
| Filing 9 ATTORNEY Appearance for Defendant Conagra Brands, Inc. by Tobin J Taylor (Taylor, Tobin) |
| Filing 8 MINUTE entry before the Honorable John J. Tharp, Jr: The parties are directed to review the procedures for initial status reports, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==] and to submit an initial status report by 7/23/2024. The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Mailed notice (air, ) |
| Filing 7 SUMMONS Returned Executed by Cindy Pappert, Catherine Foster, William Martin as to Conagra Brands, Inc. on 6/18/2024, answer due 7/9/2024. (Smith, Joel) |
| Filing 6 First AMENDED complaint by Cindy Pappert, Catherine Foster, William Martin against Conagra Brands, Inc. (Smith, Joel) |
| Filing 5 MINUTE entry before the Honorable John J. Tharp, Jr: The complaint is dismissed without prejudice for lack of subject matter jurisdiction. It states that the Court has subject matter jurisdiction pursuant to 28 U.S.C. 1332(d)(2)(A), but it fails to adequately allege the defendant's citizenship. It states that "Defendant Conagra Brands, Inc. is a Delaware corporation based in Chicago." Compl. 11. It also states that Defendant "conducts substantial business and is headquartered in Chicago." Id. 13. But "what matters for the citizenship of a corporation is its state of incorporation and its principal place of business, not its 'headquarters.'" Dalton v. Teva N.A., 891 F.3d 687, 690 (7th Cir. 2018) (citing Hertz Corp. v. Friend, 559 U.S. 77, 93 (2010)). Plaintiffs are directed to refile an amended complaint that adequately alleges Defendant's citizenship for CAFA diversity jurisdiction purposes by 6/20/24. Mailed notice (air, ) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Catherine Foster, William Martin, Cindy Pappert by Carl V. Malmstrom (Malmstrom, Carl) |
| SUMMONS Issued as to Defendant Conagra Brands, Inc. (jb, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Catherine Foster, William Martin, Cindy Pappert by Joel Dashiell Smith (Smith, Joel) |
| Filing 2 CIVIL Cover Sheet (Smith, Joel) |
| Filing 1 COMPLAINT filed by Cindy Pappert, Catherine Foster, William Martin; Jury Demand. Filing fee $ 405, receipt number AILNDC-22128976.(Smith, Joel) |
| 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. (emc, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category 1). (emc, ) |
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