Durbin v. Carrols Corporation
Plaintiff: Haily Durbin
Defendant: Carrols Corporation
Case Number: 3:2019cv01212
Filed: November 4, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Constitutional - State Statute
Cause of Action: 05:552
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 23, 2019 Filing 22 RESPONSE in Opposition re #17 MOTION to Stay Briefing on Motion to Compel Pending NLRB Action and Allow Limited Discovery, or Alternatively Modify Briefing Schedule by Agreement filed by Carrols Corporation. (Mayer, Jeffrey)
December 23, 2019 Filing 21 NOTICE: A party to this action has declined to consent to magistrate judge jurisdiction. Accordingly, pursuant to Administrative Order 257, effective immediately, this case will no longer be referred to a Magistrate Judge for pretrial proceedings. Magistrate Judge Mark A. Beatty no longer assigned to the case. All future documents must bear case number 19-cv-1212-NJR. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 23, 2019 Filing 20 NOTICE OF MODIFICATION re 19 Notice (Other) filed by Carrols Corporation. Incorrect filing event used. Filer should have used the event "Consent/Non-Consent to U.S. Magistrate Judge" located under Civil > Other Filings > Other Documents. Using this event will place the document under seal. Document security modified to seal the entry. No further action is required by the filer in relation to this notification. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 11, 2019 Opinion or Order Filing 18 ORDER: Plaintiff Haily Durbin has filed a Motion to Stay Briefing on Defendant's Motion to Compel Arbitration and to Dismiss Action (Doc. #17 ). Plaintiff seeks to stay her response to Defendant's motion for 90 days pending the National Labor Relations Board's decision on her complaint challenging Defendant's Arbitration Agreement and Mandatory Arbitration Program. She also asks the Court to require Defendant to answer specific interrogatories related to the storage and transmission of her biometric data. Alternatively, Plaintiff seeks an extension of time until January 30, 2020, to respond to Defendant's motion to compel arbitration. Because Defendant does not oppose the extension of time, the Court GRANTS Plaintiff until January 30, 2020, to respond to Defendant's motion to compel arbitration (Doc. #13 ). The Court RESERVES RULING on the motion to stay briefing and to allow limited discovery until Defendant has had an opportunity to respond. Signed by Chief Judge Nancy J. Rosenstengel on 12/11/2019. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 9, 2019 Filing 17 MOTION to Stay Briefing on Motion to Compel Pending NLRB Action and Allow Limited Discovery, or Alternatively Modify Briefing Schedule by Agreement by Haily Durbin. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Charge, #3 Exhibit C - Board Cases, #4 Exhibit D - Arbitration Agreement, #5 Exhibit E- Counsel Email)(Wise, Brandon)
December 2, 2019 Opinion or Order Filing 16 ORDER: Pursuant to Administrative Order 257, this case has been selected for reassignment to a Magistrate Judge. Within 21 days of this Order, any party not previously having filed a Notice and Consent to Proceed before a Magistrate Judge Jurisdiction form in this case must file the attached form indicating that party's consent to proceed before a Magistrate Judge or an affirmative declination to consent. The 21-day deadline set forth in this Order does not apply to unserved parties. Deadlines for newly served parties to consent or decline to consent to proceed before a Magistrate Judge will be set by the Court at a later date. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent due by 12/23/2019. Signed by Chief Judge Nancy J. Rosenstengel on 12/2/2019. (tba)
November 27, 2019 Filing 15 NOTICE of Appearance by Mara A. Baltabols on behalf of Haily Durbin (Baltabols, Mara)
November 26, 2019 Filing 14 MEMORANDUM in Support re #13 MOTION to Compel Arbitration and to Dismiss Action filed by Carrols Corporation. (Mayer, Jeffrey)
November 26, 2019 Filing 13 MOTION to Compel Arbitration and to Dismiss Action by Carrols Corporation. (Mayer, Jeffrey)
November 26, 2019 Filing 12 NOTICE of Appearance by Catherine A. Miller on behalf of Carrols Corporation (Miller, Catherine)
November 26, 2019 Filing 11 NOTICE of Appearance by Megan M. Kokontis on behalf of Carrols Corporation (Kokontis, Megan)
November 26, 2019 Filing 10 NOTICE of Appearance by Jeffrey Jay Mayer on behalf of Carrols Corporation (Mayer, Jeffrey)
November 8, 2019 Filing 9 SUMMONS Returned Executed by Haily Durbin. Carrols Corporation served on 11/6/2019, answer due 11/27/2019. (Wise, Brandon)
November 6, 2019 Filing 8 Summons Issued as to Carrols Corporation. Original sent to Attorney Brandon M. Wise (lmb)
November 6, 2019 Filing 7 NOTICE REGARDING FILING re #4 Summons Requested, #5 Notice of Appearance filed by Haily Durbin, #6 Notice of Appearance filed by Haily Durbin. These documents filed are fillable documents. Fillable documents should be converted to non-fillable PDF before filing on CM/ECF. This Notice is sent for informational purposes only. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 5, 2019 Filing 6 NOTICE of Appearance by Brandon M. Wise on behalf of Haily Durbin (Wise, Brandon)
November 5, 2019 Filing 5 NOTICE of Appearance by Paul A. Lesko on behalf of Haily Durbin (Lesko, Paul)
November 5, 2019 Filing 4 Summons Requested. (Wise, Brandon)
November 5, 2019 Filing 3 NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Wise does not have a Notice of Appearance on file in this case. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 5, 2019 Filing 2 Notice of Judge Assignment. Chief Judge Nancy J. Rosenstengel and Magistrate Judge Mark A. Beatty assigned. All future documents must bear case number 19-1212-NJR-MAB. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (Attachments: #1 Consent Brochure)(lmb)
November 4, 2019 Filing 1 COMPLAINT against Carrols Corporation ( Filing fee $ 400 receipt number 0754-4018060.), filed by Haily Durbin. (Attachments: #1 Civil Cover Sheet)(Wise, Brandon)

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Defendant: Carrols Corporation
Represented By: Megan M. Kokontis
Represented By: Jeffrey Jay Mayer
Represented By: Catherine A. Miller
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Plaintiff: Haily Durbin
Represented By: Brandon M. Wise
Represented By: Mara A. Baltabols
Represented By: Paul A. Lesko
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