Ayoubi v. Hanesbrands Inc et al
| Firas M. Ayoubi |
| Hanesbrands Inc., Keefe Group LLC, Access Catalogue Co and Fila Sporting Goods Co |
| 3:2022cv50158 |
| May 18, 2022 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| None |
Docket Report
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This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 MAILED REMAND with certified copy of order dated 7/7/2022 and letter to Circuit Court of Lee County. (jp, ) |
| Filing 22 MINUTE entry before the Honorable Iain D. Johnston: The Court has received and reviewed Defendant Keefe Group's response to the supplemental order to show cause regarding the amount in controversy in this action. Dkt. 21. As previously noted, the Southern District of Illinois has ruled in 2019 that this action fails to exceed $75,000 in controversy as required by 28 U.S.C. 1332. Ayoubi v. Hanesbrands Inc., 2019 WL 1556120, at *2 (S.D. Ill. April 9, 2019). As Defendant Keefe Group points out, this case now involves additional defendants. But those additional defendants do not change the injury alleged. Indeed, the only difference is that Ayoubi alleges those defendants also participated in the stream of commerce that led to his purchasing of the same allegedly defective products. That does not change the nature of the ultimate alleged injury. Therefore, the Court adopts the thorough and well-reasoned opinion from the Southern District of Illinois, without needlessly reciting it in full here. As that Court explained, Ayoubi would need to recover an "unthinkable" amount of punitive damages to exceed the $75,000 requirement. Id. Because "Defendant has no additional evidence or argument that would oppose remand," dkt. 21, at 2, the Court remands this case forthwith to the Circuit Court of Lee County, Illinois. Mailed notice (jp, ) |
| Filing 21 RESPONSE by Defendant Keefe Group LLC to text entry,,, #20 , order to show cause,, #10 (Chosid, Alexander) |
| Filing 20 MINUTE entry before the Honorable Iain D. Johnston: The Court has received and reviewed Defendant Keefe Group's response to the Court's order to show cause. On further review, the Court must order an additional response. The Court notes that another federal court has already, and persuasively, held that this case fails to meet the required amount in controversy to assert federal diversity jurisdiction. Ayoubi v. Hanesbrands Inc., 2019 WL 1556120, at *2 (S.D. Ill. April 9, 2019). The parties had not informed the Court of this prior decision. The only difference in these two cases appears to be that Ayoubi now alleges that Defendant Fila Sporting Goods was in the stream of commerce of the challenged products. Thus, by July 8, 2022, Keefe Group must explain how Ayoubi' s claim exceeds $75,000 in controversy as required by 28 U.S.C. 1332. Alternatively, Keefe Group may stipulate to summary remand. Mailed notice (yxp, ) |
| Filing 19 Plaintiff's Combined Objections To TKC Holdings, Inc. Entry Of Appearance For FILA U.S.A. Inc, And MOTION To Disqualify TKC Holdings Inc., And Alexander Chosid(pg, ) |
| Filing 18 RESPONSE by Defendant Keefe Group LLC to order to show cause,, #10 (Attachments: #1 Exhibit State Court File 2019L00017)(Chosid, Alexander) |
| Filing 17 MOTION by Plaintiff Firas M. Ayoubi for entry of default judgment as to defendant Hanesbrands, Inc.(pg, ) |
| Filing 16 CONSENT to Magistrate Judge Disposition on MOTION by Plaintiff Firas M. Ayoubi for leave to file #12 (Chosid, Alexander) |
| Filing 15 ATTORNEY Appearance for Defendant Fila Sporting Goods Co by Alexander Brewster Chosid (Chosid, Alexander) |
| Filing 14 ATTORNEY Appearance for Defendant Keefe Group LLC by Jeffrey Robert Hoskins (Hoskins, Jeffrey) |
| Filing 13 ATTORNEY Appearance for Defendant Keefe Group LLC by David M Schultz (Schultz, David) |
| Filing 12 MOTION by Plaintiff Firas M. Ayoubi for leave to file an amended complaint (pg, ) |
| Filing 11 RESPONSE by Plaintiff Firas M. Ayoubi to order to show cause,, #10 (pg, ) |
Filing 10
ORDER to Show Cause; Plaintiff Firas Ayoubi brings this products liability action pro se. He initially filed suit in the Circuit Court of Lee County, Illinois, in October 2019. He sues Hanesbrands, Inc., Fila Sporting Goods, Co., Keefe Group LLC, and Access Catalogue.1 On May 5, 2022, Keefe Group removed the case to this Court. For the reasons explained below, Keefe Group must show cause by June 17, 2022, why this case should not be remanded back to state court or amend its notice of removal. Ayoubi may respond to Keefe Group's filing by July 1, 2022. See the attached order for details. Signed by the Honorable Iain D. Johnston on 5/24/2022: Mailed notice (yxp, )
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| Filing 9 RESPONSE by Plaintiff Firas M. Ayoubi to Keefe Group LLC's Notice of Removal (Attachments: #1 Certificate of Service, #2 Exhibit A) (jp, ) |
| Filing 8 RECEIVED from Illinois Southern; Case Number 3:22-cv-00954 |
| MAILED Local Rule 83.15 to counsel for defendant. (jp, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (jp, ) |
| 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. (jp, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form and notice of removal letter to Firas M. Ayoubi. (jp, ) |
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Filing 7
ORDER granting #6 Motion to Transfer Case: The Motion to transfer is granted. The Clerk is DIRECTED to transfer this case to the Northern District of Illinois, Western Division. Signed by Judge David W. Dugan on 5/16/2022. (dsw) [Transferred from Illinois Southern on 5/18/2022.]
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| ***Civil Case Terminated. (dsw) [Transferred from Illinois Southern on 5/18/2022.] |
| Filing 6 MOTION to Transfer Case by Keefe Group LLC. (Attachments: #1 Exhibit Lee County Complaint)(Chosid, Alexander) [Transferred from Illinois Southern on 5/18/2022.] |
| ***Set/Clear Flags set DSW flag (dsw) [Transferred from Illinois Southern on 5/18/2022.] |
| Filing 5 NOTICE FROM CLERK Instructing Plaintiff Ayoubi and Defendant Hanesbrands, Inc. to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff Ayoubi and Defendant Hanesbrands, Inc. on 5/5/22. Consent due by 5/26/2022 (amv) [Transferred from Illinois Southern on 5/18/2022.] |
| Filing 4 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 22-954-DWD. (amv) [Transferred from Illinois Southern on 5/18/2022.] |
| Filing 3 Corporate Disclosure Statement by Keefe Group LLC. (Chosid, Alexander) [Transferred from Illinois Southern on 5/18/2022.] |
| Filing 2 NOTICE of Appearance by Alexander Brewster Chosid on behalf of Keefe Group LLC (Chosid, Alexander) [Transferred from Illinois Southern on 5/18/2022.] |
| Filing 1 NOTICE OF REMOVAL from Circuit Court Lee County, case number 19L17 ( Filing fee $ 402 receipt number AILSDC-4779051), filed by Keefe Group LLC. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit Company Merger, #3 Civil Cover Sheet Civil Cover Sheet)(Chosid, Alexander) [Transferred from Illinois Southern on 5/18/2022.] |
| ***Staff notes Scanning Dixon added. (amv) [Transferred from Illinois Southern on 5/18/2022.] |
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