Pena v. Georgia Nut Company
| Alexander Pena |
| Georgia Nut Company |
| 1:2024cv05652 |
| July 5, 2024 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Labor: Family and Medical Leave Act |
| 28 U.S.C. ยง 1331 Federal Question |
| Defendant |
Docket Report
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This docket was last retrieved on August 26, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 20 FIRST AMENDED complaint by Alexander Pena against Georgia Nut Company (Bramwell, Fitzgerald) |
| Filing 19 CERTIFICATE of Service by James H. Ryan on behalf of Georgia Nut Company (Ryan, James) |
| Filing 18 STATUS Report JOINT by Alexander Pena (Bramwell, Fitzgerald) |
| Filing 17 CERTIFICATE of Service by Defendant Georgia Nut Company (Ryan, James) |
| Filing 16 CERTIFICATE of Service by James H. Ryan on behalf of Georgia Nut Company (Ryan, James) |
| Filing 15 ANSWER to Complaint with Jury Demand by Georgia Nut Company(Ryan, James) |
| Filing 14 AGREED CONFIDENTIALITY ORDER signed by the Honorable Steven C. Seeger on 7/22/2024. Mailed notice (ags) |
| Filing 13 MINUTE entry before the Honorable Steven C. Seeger: The joint motion for a protective order (Dckt. No. #9 ) is hereby granted. Confidentiality Order to follow. Mailed notice (ags) |
| Filing 12 MINUTE entry before the Honorable Steven C. Seeger: The motion hearing set for July 25, 2024 is stricken. Mailed notice. (jjr, ) |
| Filing 11 MINUTE entry before the Honorable Steven C. Seeger: The Court took a look at the joint initial status report (Dckt. No. #8 ) in this case, which alleges violates of the FMLA and ADA. The parties request until May 29, 2025 for fact discovery. That's too long. Plaintiff anticipates taking five depositions, and Defendant anticipates taking one. The parties believe that trial would take only three days. Plaintiff's counsel has a couple of upcoming trials in the first quarter of 2025, but there are still five full months left in 2024. So, the Court amends the schedule as follows. Fact discovery will close on January 31, 2025. The deadline for disclosure of expert reports (if any) will be four weeks later. The Court will set a deadline for dispositive motions at a later time. The parties should not anticipate an extension absent a concrete showing of good cause as required by Rule 16. Separately, Plaintiff has made a written settlement demand to Defendant, but Defendant has not responded. Defendant must reply to the written settlement demand by August 9, 2024. Also, the parties discussed mediation but were not able to agree on a mediator. Defendant requests a settlement conference, but Plaintiff does not believe it would be productive at this time. The Court encourages the parties to participate in settlement discussions in good faith, with a clear-eyed view of the strengths and weakness of the case, the likelihood of success on the merits, the potential recovery, the costs of getting to trial, and the inherent risks of litigation. The parties must file a joint status report about settlement discussions by August 23, 2024. Mailed notice. (jjr, ) |
| Filing 10 NOTICE of Motion by Fitzgerald Timothy Bramwell for presentment of motion for protective order #9 before Honorable Steven C. Seeger on 7/25/2024 at 09:00 AM. (Bramwell, Fitzgerald) |
| Filing 9 MOTION by Plaintiff Alexander Pena for protective order AGREED (Bramwell, Fitzgerald) |
| Filing 8 STATUS Report JOINT INITIAL by Alexander Pena (Bramwell, Fitzgerald) |
| Filing 7 ATTORNEY Appearance for Defendant Georgia Nut Company by James H. Ryan (Ryan, James) |
| Filing 6 WAIVER OF SERVICE returned executed by Alexander Pena. Georgia Nut Company waiver sent on 7/5/2024, answer due 9/3/2024. (Bramwell, Fitzgerald) |
| Filing 5 MINUTE entry before the Honorable Steven C. Seeger: There is no need for a certificate of service for a court filing when all parties of record receive a copy through CM/ECF. Under the Local Rules, "[a] certificate of service is required only when service of a document filed on the Court's E-Filing system is made on a recipient who is not an E-Filer listed on the docket of the proceeding." See L.R. 5.5(a); see also Fed. R. Civ. P. 5(d)(1)(B) ("No certificate of service is required when a paper is served by filing it with the court's electronic-filing system."). The Court handles service through CM/ECF. In effect, the CM/ECF header is the certificate of service. Save yourself the work, and the trouble. Mailed notice. (jjr, ) |
| Filing 4 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by September 20, 2024. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (mcp, ) |
| 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. (mcp, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Alexander Pena by Fitzgerald Timothy Bramwell (Bramwell, Fitzgerald) |
| Filing 2 CIVIL Cover Sheet (Bramwell, Fitzgerald) |
| Filing 1 COMPLAINT filed by Alexander Pena; JURY DEMAND. Filing fee $ 405, receipt number AILNDC-22212849.(Bramwell, Fitzgerald) |
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| Defendant: Georgia Nut Company | |
| Represented By: | James H. Ryan |
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| Plaintiff: Alexander Pena | |
| Represented By: | Fitzgerald Timothy Bramwell |
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