Shah v. Hy-Vee, Inc.
| Hitesh Shah |
| Hy-Vee, Inc. |
| 3:2023cv50353 |
| September 28, 2023 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Philip G Reinhard |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on November 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 MINUTE entry before the Honorable Lisa A. Jensen: Before the Court is Plaintiff's "motion to get an extension for my case" #21 . The Court construes Plaintiff's motion as a request for an extension of time to respond to Defendant's motion to dismiss #5 . Accordingly, the Court extends the briefing schedule on Defendant's motion to dismiss #5 as follows: Plaintiff's response is now due 12/15/2023 and Defendant's reply is due 12/29/2023. Plaintiff is reminded of the resources available on the Court's website at www.ilnd.uscourts.gov for access to A Guide for the Pro Se Litigant (located under "Information for People without Lawyers"). Mailed notice. (vk) |
| Filing 21 MOTION by Plaintiff Hitesh Shah for extension of time (pg, ) |
| Filing 20 MINUTE entry before the Honorable Lisa A. Jensen: The parties' proposed case management order #19 is adopted as follows: Rule 26(a)(1) disclosures by 12/15/2023; 30 interrogatories and 30 requests to admit by each party to any other party; 3 depositions per side limited to 7 hours each, except for Plaintiff's deposition which is limited to 3 hours; amended pleadings, new counts or parties, and third-party complaints by 01/16/2024; Rule 26(a)(2)(C) disclosures by 03/01/2024; Rule 26(e) supplements by 07/01/2024; fact discovery ends 08/02/2024; dispositive motions are due by 08/30/2024; and retained expert deadlines are reserved and will be addressed at a later date. By 12/18/2023, the parties shall file a joint status report updating the Court on the progress of discovery. Mailed notice. (vk) |
| Filing 19 PROPOSED Case Management Order by Hy-Vee, Inc. (Davidson, Cameron) |
| Filing 18 MEMORANDUM by Hitesh Shah in Opposition to Motion to Dismiss for Failure to State a Claim, #5 (pg, ) |
| Filing 17 MINUTE entry before the Honorable Lisa A. Jensen: The Court has reviewed Plaintiff Hitesh Shah's short statement #16 . The briefing scheduled for Defendant's motion to dismiss #5 remains in place: Plaintiff shall respond by 11/16/2023; Defendant shall reply by 11/30/2023. Additional information is available on the Court's website at www.ilnd.uscourts.gov for access to A Guide for the Pro Se Litigant (located under "Information for People without Lawyers") and Illinois Legal Aid Online at illinoislegalaid.org. The Clerk is directed to terminate #16 as a pending motion, and to mail a copy of this order to Plaintiff. Mailed notice. (vk) |
| MAILED a copy of the order dated 10/25/2023 to Plaintiff. (vk) |
| Filing 16 MOTION by Plaintiff Hitesh Shah of short statement. (jh, ) |
| MAILED a copy of the orders dated 10/19/2023 and 10/20/2023 to Plaintiff. (vk) |
| Filing 15 MINUTE entry before the Honorable Lisa A. Jensen: Plaintiff Hitesh Shah's motion for default judgment #9 is denied, because Defendant has filed a timely responsive pleading #5 to Plaintiff's complaint. See Fed. R. Civ. P. 55(a). Plaintiff's motion for attorney representation #12 is denied without prejudice, because Plaintiff has not submitted a corresponding in forma pauperis application to evaluate Plaintiff's indigency for the purpose of appointing counsel. Plaintiff's motion for leave to appear for oral arguments #10 at an evidentiary hearing is stricken as unnecessary. The only pending motion in this matter is Defendant's motion to dismiss #5 , upon which the Court has set a briefing schedule, and the District Judge will rule on in due course. As such, no oral arguments or evidentiary hearings are presently required. Plaintiff's motion to seal the case #11 is denied without prejudice, because Plaintiff has not identified good cause to seal the entirety of every document on the docket. See Methodist Hospitals, Inc. v. Sullivan, 91 F.3d 1026, 1031-32 (7th Cir. 1996) (filing entire documents under seal appropriate only where every aspect of the sealed filing is confidential); see also City of Greenville, Illinois v. Syngenta Crop Protection, LLC, 764 F.3d 695, 697 (7th Cir. 2014) (stating that documents "that affect the disposition of federal litigation are presumptively open to public view...unless a statute, rule, or privilege justifies confidentiality"). Finally, the Court construes Plaintiff's response to complaint/Petition Dekalb County #13 as his response to Defendant's motion to dismiss #5 . By 10/26/2023, Plaintiff shall file a short statement indicating whether he intends for his filing #13 to stand as a response to Defendant's motion to dismiss #5 . Mailed notice. (vk) |
| Filing 14 MINUTE entry before the Honorable Lisa A. Jensen: Telephonic initial status hearing held 10/19/2023. For the reasons stated on the record, the Court sets the following briefing schedule on Defendant's motion to dismiss #5 : Plaintiff shall respond by 11/16/2023; Defendant shall reply by 11/30/2023. Additionally, by 11/2/2023, the parties shall meet and confer and file a joint proposed case management order as discussed in open court. If the Court agrees with the proposed schedule, the Court will adopt those dates and enter a case management order. The Court will set the next status date by minute entry. Mailed notice. (vk) |
| Filing 13 RESPONSE To Complaint/Petition Dekalb County by Plaintiff Hitesh Shah (pg, ) |
| Filing 12 MOTION by Plaintiff Hitesh Shah for attorney representation (pg, ) |
| Filing 11 MOTION by Plaintiff Hitesh Shah to seal case (pg, ) |
| Filing 10 MOTION by Plaintiff Hitesh Shah for leave to appear as For Oral Argument (pg, ) |
| Filing 9 MOTION by Plaintiff Hitesh Shah for default judgment (pg, ) |
| Filing 8 STATUS Report Defendant's Proposed Initial Joint Status Report by Hy-Vee, Inc. Presented before District Judge (Davidson, Cameron) |
| Filing 7 CIVIL Cover Sheet (Davidson, Cameron) |
| Filing 6 MINUTE entry before the Honorable Lisa A. Jensen: The parties' initial status report is now due 10/18/2023. A telephonic status hearing is set for 10/19/2023 at 9:30 AM. Public access is available via the following call-in number: (877) 336-1831 with access code 2813746 #. Plaintiff Hitesh Shah and defense counsel are ordered to appear by using the following link: https://teleconference.uc.att.com/ecm/?bp=4044436397&mac=2813746 or by using the call-in number above. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. The Clerk is directed to mail a copy of this order to Plaintiff. Mailed notice. (vk) |
| MAILED a copy of the order dated 10/6/2023 to Plaintiff. (vk) |
| Filing 5 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Hy-Vee, Inc. Presented before District Judge (Attachments: #1 Supplement Memorandum of Law in Support of Motion to Dismiss under Fed.R.Civ.P. 12(b)(6) and 8(a))(Davidson, Cameron) |
| Filing 4 MINUTE entry before the Honorable Lisa A. Jensen: The parties shall jointly complete the PDF fillable initial status report form found on Judge Jensen's webpage at www.ilnd.uscourts.gov under Initial Status Conferences and Reports and file by 12/01/2023. Plaintiff is directed to notify any party filing an appearance to the entry of this order. Mailed notice. (vk) |
| Filing 3 ATTORNEY Appearance for Defendant Hy-Vee, Inc. by Cameron A Davidson (Davidson, Cameron) |
| 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, ) |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (jp, ) |
Filing 2
ORDER: #Local Rule 3.1# requires at the time of filing a case, defendants's counsel, or if the case is filed pro se, the defendant shall file with the original papers a completed designation sheet (civil cover sheet). No civil cover sheet was submitted at the time of filing this matter. Hy-Vee, Inc. is directed to file the #Civil Cover Sheet# within 14 days of this notification. Signed by the Executive Committee. (jp, ) Modified on 9/28/2023 (jp, ).
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| Filing 1 NOTICE of Removal from Circuit Court of DeKalb County, case number (2023LA000059) filed by Hy-Vee, Inc. Filing fee $ 402, receipt number AILNDC-21161015. (Davidson, Cameron) |
| MAILED Local Rule 83.16 to counsel for defendant. (jp, ) |
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| Plaintiff: Hitesh Shah | |
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| Defendant: Hy-Vee, Inc. | |
| Represented By: | Cameron A Davidson |
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