Frazier v. Honeywell International, Inc. et al
| Tina Frazier |
| CorTech LLC and Honeywell International, Inc. |
| 3:2020cv50294 |
| August 7, 2020 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Lisa A Jensen |
| Iain D Johnston |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| None |
Docket Report
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| Filing 23 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0029: It appearing that Iain D. Johnston has been appointed as a United States District Judge for the Northern District of Illinois, Western Division; therefore IT IS HEREBY ORDERED That the attached list of civil cases are hereby reassigned to form the initial calendar of the Honorable Iain D. Johnston; and It is further ordered that the Fourth Amended General Order 19-0007 -Western Division Reassignment Wheel, be vacated in its entirety and this General Order supersedes it; and It is further ordered the Clerk of Court is to add Judge Johnston's name to the Court's existing civil and criminal case assignment system so that he shall receive a full share of such cases; and It is further ordered that all criminal cases that were assigned and reassigned pursuant to General Order 19-0007 shall remain assigned to the current district judge absent further order of the Court. Case reassigned to the Honorable Iain D. Johnston for all further proceedings. Honorable John Robert Blakey no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 9/29/2020.(docket10, ) Modified on 9/30/2020 (yxp, ). |
Filing 22
ORDER : In light of the reassignment of this case to Magistrate Judge Lisa A. Jensen, the parties are notified that all prior orders entered by Judge Iain D. Johnston remain in effect. Therefore, all hearings, settlement conferences, status report deadlines, discovery deadlines and briefing schedules shall stand, and all matters previously scheduled before Judge Johnston will now proceed before Judge Jensen, unless notified otherwise. Signed by the Honorable Lisa A. Jensen on 9/29/2020: Mailed notice. (docket2, )
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| Filing 21 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0028: The Honorable Iain D. Johnston has been confirmed as a United States District Judge for the Northern District of Illinois; therefore It is hereby ordered that all previously pending cases and referrals before the Honorable Iain D. Johnston as a U.S. Magistrate Judge are to be reassigned to the Honorable Lisa A. Jensen; and It is also ordered cases where Judge Johnston was the designated magistrate judge and requires further action, the Clerk shall assign the matter to Magistrate Judge Jensen; and It is also ordered that any case that is reassigned pursuant to this Order, and remains open at such time when the next magistrate judge in the Western Division is appointed, shall be reassigned to that magistrate judge. Case referred to the Honorable Lisa A. Jensen. Signed by Honorable Rebecca R. Pallmeyer on 9/29/2020.(docket2, ) Modified on 9/30/2020 (yxp, ). |
| Filing 20 MINUTE entry before the Honorable Iain D. Johnston: The defendants' unopposed motion for an extension of time #19 is stricken as being duplicative of Dkt. 16, which has already been granted. (yxp, ) |
| Filing 19 MOTION by Defendant Honeywell International, Inc. for extension of time (Ackerman, Lisa) |
| Filing 18 Western Division ADR Notification (jp, ) |
| Filing 17 MINUTE entry before the Honorable John Robert Blakey: Attorney Jennifer L. Colvin's motion to withdraw #15 is granted and Lisa Handler Ackerman is granted leave to file an appearance. Defendant's unopposed motion for extension of time to respond to remand and to file answer or other responsive pleading #16 is granted and any response to remand shall be filed on or before 10/9/2020 and answer shall be filed on or before 10/27/2020. Joint status report shall be filed on or before 10/29/2020. Mailed notice (gel, ) |
| Filing 16 MOTION by Defendants CorTech LLC, Honeywell International, Inc. for extension of time (Ackerman, Lisa) |
| Filing 15 MOTION by Attorney Jennifer L. Colvin to withdraw as attorney for Honeywell International, Inc.. No party information provided, MOTION by Defendant Honeywell International, Inc. to substitute attorney Lisa Handler Ackerman (Colvin, Jennifer) |
| Filing 14 ATTORNEY Appearance for Defendants CorTech LLC, Honeywell International, Inc. by Lisa Handler Ackerman (Ackerman, Lisa) |
| Filing 13 MINUTE entry before the Honorable John Robert Blakey: Plaintiff Tina Frazier sued Defendants Honeywell International, Inc. and CorTech, LLC in Stephenson County Circuit Court alleging violations of the Illinois Wage Payment & Collection Act, the Illinois Day & Temporary Labor Services Act, the Fair Labor Standards Act, the Illinois Human Rights Act, and Title VII of the Civil Rights Act, and retaliatory discharge. [1-1]. Honeywell filed a notice of removal 8/7/20, without CorTech, explaining that CorTech had not been served; specifically, Honeywell represented that Plaintiff issued a summons to CorTech on 6/26/20, but that summons was not returned executed. See #1 at 6. Plaintiff now moves to remand, #11 , representing that, in fact, CorTech had been properly served by 8/5/20. #11 at 4. Indeed, Plaintiff represents, counsel for CorTech contacted Plaintiff's counsel on 8/6/20 to discuss the matter. Plaintiff represents that Honeywell did not obtain CorTech's consent before filing the notice of removal. Id. To be sure, 28 U.S.C. 1446 requires that when a case such as this is removed, "all defendants who have been properly joined and served must join in or consent to the removal of the action." Plaintiff's representations raise the specter of a defect not apparent from the face of the pleadings, which should be easily resolved with input from the Defendants. Accordingly, Defendants Honeywell and CorTech shall respond to Plaintiff's remand motion #11 by 9/18/20. No reply is necessary. The Court will rule on the motion in due course and set additional dates as need in a future order. Mailed notice (gel, ) |
| Filing 12 CERTIFICATE of Service by Plaintiff Tina Frazier regarding MOTION by Plaintiff Tina Frazier to remand #11 Additional Certificate of Service (Hodierne, Jesse) |
| Filing 11 MOTION by Plaintiff Tina Frazier to remand (Hodierne, Jesse) |
| Filing 10 ATTORNEY Appearance for Plaintiff Tina Frazier by Jesse Paul Hodierne (Hodierne, Jesse) |
| Filing 9 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 9/17/2020, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312)818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, ) |
| Filing 8 MINUTE entry before the Honorable John Robert Blakey: Defendant's unopposed motion for an extension of time to answer or otherwise plead #6 is granted. Defendant shall file its answer or otherwise plead on or before 9/9/20. The 8/27/20 notice of motion date is hereby stricken, and the parties need not appear. Mailed notice (gel, ) |
| Filing 7 NOTICE of Motion by Jennifer L Colvin for presentment of motion for extension of time to file answer #6 before Honorable John Robert Blakey on 8/27/2020 at 11:00 AM. (Colvin, Jennifer) |
| Filing 6 MOTION by Defendant Honeywell International, Inc. for extension of time to file answer (Unopposed Motion for Extension of Time to Answer or Otherwise Plead) (Colvin, Jennifer) |
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Filing 5
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020. Mailed notice (jp, )
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| Filing 4 Pursuant to the Fourth Amended General Order 19-0007, dated 6/27/2019, this case is assigned to the Honorable John Robert Blakey and referred generally to the Honorable Iain D. Johnston. Signed by Executive Committee on 6/27/2019. (jp, ) |
| Filing 3 ATTORNEY Appearance for Defendant Honeywell International, Inc. by Jennifer L Colvin (Colvin, Jennifer) |
| Filing 2 CIVIL Cover Sheet (Colvin, Jennifer) |
| Filing 1 NOTICE of Removal from 15th Judicial Circuit, case number (2020-CH-32) filed by Honeywell International, Inc. Filing fee $ 400, receipt number 0752-17295223. (Attachments: #1 Exhibit A - Circuit Court Documents, #2 Exhibit B - Case Information Summary)(Colvin, Jennifer) |
| CASE ASSIGNED to the Honorable John Robert Blakey and Honorable Iain D. Johnston. Designated as Magistrate Judge the Honorable Iain D. Johnston. Case assignment: Random assignment. (pg, ) |
| MAILED notice of removal letter to Counsel for plaintiff. (jp, ) |
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