Chandler et al v. Amazon.com LLC et al
| Amanda Chandler, Robert Durham, Allen Branch, Brandi Kretzer, Wesley Kretzer, Jason McCarron, Jr., Patrick Green, Storm Davies, Kamren Hepler, Vanesa Quiroz-Turab, Romeo Nero, Cody Coon, Jennifer Walsh, Jonathan Hoan, Jennifer Evans, Mariah Roiz, Robert Stevens, Chad Goodson, Jordan Sensibaugh, Matthew Porter, Timothy Hepler, Jennifer Schmaltz, Theresa Miller, Ryan Hasara, Brandon Wagner, Amie Maddox, Pamela Colyott, Mark Lambarena, Yana Ndingan, Steven McCallie, Tawny Miyamoto, A.J. Cincotta-Eichenfield, Ryan Boyett, Louise Barkley, Jun Xiang, Kristel Baffa, Joseph Goldsmith, Selena Golden, David Aguilar, Ronald Szeve, John Orrill, Chelsea Birnell, Timothy K. Spies, Erica D. Moore, Gulnar Kallemova, Talia Blaylock, Brittany Salcieo, Leza Hepler, Ann Martinec, Ashley Mills, Abuzar Turab, Noah Astolfo, Nicole Cookinham, Shayan Askari, Maiko Lunn, Steven Curtis, Aaron Cole, Marianna Miller, Kristy Johnson, Samantha Ziegler, Wilson Riendeau, Juan Gaona, Jr., Alexis Gonzales, Edward Fretheim, Joe Cubow, Asia Ausburn, Jeremy Miller, Jesus Munoz, Lindsey Williams, Elker Sensibaugh, Paige Jones, Aidan Coyle, Daniel Vidmar, Harley Seggerman, Trevor McClain, Ginny Goodson, Melissa Concepcion, Derrick Fudge, Vanessa Gutierrez, Jacob Jones, Garrett Williams, Tinamarie Maldonado, Natalia Serebriannikova, Aimee Hudson, Brittany Rodriguez, Edward Rockenstyer, Peter Cookinham, Matthew Davis, Tiara Sampson, Unique Maciel, Quentin Miyamoto, Jeffery Gobel, Susan Money, Haleigh McClain, Rickie Shelton, Maria Astolfo, Bakytzhan Kallemov, Dinora Verdugo Ledezma, Logan Summerhays, Kayla Curtis, Terry Hayden, Jennifer Goldsmith, Brian Stammler, Uquallia Coleman, Tucker Evans, Christina Hoover, Douglas Noblitt, Jimmy Hudson, David Duron, Alina Cubow, Sarah Torella, Shaunticia Davis, Gabrielle Kuster, Francis Santana, Alan Sistad, Ryan Bellotti, Ryan Ausburn, Jacob McDowell, Marie Hicks, Leonard Miller, David Morse, Casey Goldsmith, Johnathan Hoover, Robert Maddox, Cheyenne Mitchell, Erlinda Aguilar, Michael Jones, Lester Jordan, Christopher Johnson and Ryan Fitzroy Roberts |
| Zinus Inc., Target AABC Corporation, Amazon.com LLC, Wayfair Inc., Walmart Inc., Ebay Inc. and Walmart, Inc. |
| 3:2020cv00265 |
| March 12, 2020 |
| U.S. District Court for the Southern District of Illinois |
| Reona J Daly |
| David W Dugan |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on September 23, 2022. A more recent docket listing may be available from PACER.
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| Set Deadlines: Motion for Class Certification due by 5/31/2023. (amv) |
Filing 132
ORDER regarding the attached Joint Report and Proposed Scheduling and Discovery Order, pertaining to class certification discovery, filed by the parties on July 13, 2022. The Court ADOPTS all provisions agreed to by the parties, including the agreed categories of class certification discovery and the dates associated with that discovery. Further, consistent with the attached Order, the Court RESOLVES the parties' disputes relating to the additional categories of class certification discovery, proposed by Plaintiffs and objected to by Defendant. Of note, Plaintiffs motion for class certification and memorandum in support shall be filed by May 31, 2023. Signed by Judge David W. Dugan on 8/23/2022. (Attachments: #1 Joint Report and Proposed Scheduling and Discovery Order submitted by the parties)(jnh)
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| Filing 131 ANSWER to #124 Amended Complaint, (Third Amended Complaint) by Zinus Inc..(Merkle, Zachary) |
| Filing 130 MOTION to Dismiss for Failure to State a Claim (Third Amended Complaint) by Zinus Inc.. (Merkle, Zachary) |
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Filing 129
ORDER GRANTING #128 MOTION to Appear Pro Hac Vice by Attorney Matthew A. Eisenstein on behalf of Zinus Inc. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 128 MOTION to Appear Pro Hac Vice by Attorney Matthew A. Eisenstein $200 fee paid,receipt number AILSDC-4831796 by on behalf of Zinus Inc.. (Eisenstein, Matthew) |
| Filing 127 NOTICE OF MODIFICATION re 126 Order on Motion for Extension of Time. Docket text modified as follows: The parties are allowed until July 13, 2022 to submit their Joint Report of the Parties and Proposed Scheduling and Discovery Order. This notice is sent for informational purposes only. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 126
ORDER granting #125 Motion for Extension of Time: For the reasons stated, the request for a brief extension is GRANTED. The parties are allowed until July 13, 2022 to submit their Joint Report of the Parties and Proposed Scheduling and Discovery Order. Signed by Judge David W. Dugan on 7/8/2022. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 7/11/2022 (kek).
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| Filing 125 MOTION for Extension of Time to Submit the Joint Report by All Plaintiffs. (Radcliffe, James) |
| Filing 124 AMENDED COMPLAINT THIRD against Zinus Inc., filed by Lester Jordan, Terry Hayden, Kristy Johnson, Robert Durham, Christopher Johnson, Kristel Baffa, Cody Coon, Amanda Chandler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Cueto, Christopher) |
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Filing 123
ORDER. For the reasons discussed in the attached Memorandum & Order, Defendant's #78 Motion to Dismiss and #80 Motion to Strike are both GRANTED in part and DENIED in part. If Plaintiffs wish to file a third amended complaint, they must do so within 21 days after the entry date of this Order. Defendant shall file its answer or otherwise respond to Plaintiffs' third amended complaint within 30 days after the complaint is filed. Signed by Judge David W. Dugan on 6/10/2022. (sth)
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| Filing 122 Transcript of Motion Hearing held on 5-25-2022, before Judge David W. Dugan. Court Reporter/Transcriber Karen E. Waugh, Telephone number 618-482-9176. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at #https://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/22/2022. Redacted Transcript Deadline set for 7/5/2022. Release of Transcript Restriction set for 8/30/2022. (kewa) |
| Filing 121 Minute Entry for proceedings held before Judge David W. Dugan: Motion Hearing held on 5/25/2022. Attorneys Christopher Cueto and James Radcliffe present on behalf of Plaintiffs. Attorneys Robert Katerberg and Natalie Kussart present on behalf of Defendant. The Court GRANTS the Motion for Leave to File SUPPLEMENTAL AUTHORITIES filed by Zinus Inc. (Doc. #120 ). Plaintiffs have 14 days to respond with any supplemental authorities. The Court hears arguments from the parties with regard to the Motion to Dismiss (Doc. 78) and Motion to Strike (Doc. 80). Both motions are taken under advisement; order to issue. The current Jury Trial date of 10/17/2022 and Final Pretrial Conference date of 9/15/2022 are VACATED. Within 45 days of today's hearing, the parties are directed to meet and confer with regard to class discovery and submit a Joint Report of Parties via email at [email protected]. Joint Report due on or before 7/8/2022. (Court Reporter Karen Waugh.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 120 MOTION for Leave to File SUPPLEMENTAL AUTHORITIES by Zinus Inc.. (Kussart, Natalie) |
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Filing 119
ORDER GOVERNING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Judge David W. Dugan on 5/23/2022. (sth)
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Filing 118
ORDER Setting Hearing on Motion #78 MOTION to Dismiss for Failure to State a Claim as to Second Amended Complaint, #80 MOTION to Strike #75 Amended Complaint, as to Class Action Allegations: Motion Hearing set for 5/25/2022 at 10:00 AM in the East St. Louis Courthouse before Judge David W. Dugan. The Court lifts the stay on this action. The parties are instructed to resubmit their proposed ESI protocol via email to [email protected]. Signed by Judge David W. Dugan on 5/17/2022. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 117 STATUS REPORT JOINT STATUS REPORT by Zinus Inc.. (Kussart, Natalie) |
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Filing 116
ORDER STAYING CASE: Considering the parties' ongoing efforts to resolve this case via mediation, the Court finds that the interests of the parties and judicial economy would best be served by entering a stay. See Texas Indep. Producers & Royalty Owners Ass'n v. E.P.A., 410 F.3d 964, 980 (7th Cir. 2005) ("The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants."). Accordingly, the Court STAYS this action until May 20, 2022. The deadline for the parties' joint status report regarding their mediation efforts is RESET to May 13, 2022. After reviewing the parties joint status report, the Court will extend or lift the stay as is appropriate. Signed by Judge David W. Dugan on 3/9/2022. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Status Report due by 5/13/2022. (clt) |
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Filing 115
ORDER. The parties have informed the Court that they require additional time to complete efforts toward possible resolution of the case through mediation. Accordingly, the deadline for the parties' joint status report regarding their mediation efforts is RESET to April 15, 2022. Signed by Judge David W. Dugan on 12/20/2021. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Joint status report regarding mediation efforts due by 4/15/2022. (clt) |
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Filing 114
ORDER. The parties have informed the Court that they require additional time to complete efforts toward possible resolution of the case through mediation. Accordingly, the deadline for the parties' joint status report regarding their mediation efforts is RESET to February 11, 2022. Signed by Judge David W. Dugan on 12/9/2021. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Joint Status Report regarding mediation efforts due by 2/11/2022. (clt) |
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Filing 113
ORDER re #112 Notice of Dismissal. On November 28, 2021, Plaintiffs Mariah Roiz and Ryan Boyett on their own behalf and on behalf of their minor children E.B., L.B., E.F., and J.B. filed a notice of voluntary dismissal in which they seek to dismiss all their claims against Defendant Zinus, Inc., the only remaining defendant (Doc. 112). Roiz and Boyett are only two of the numerous plaintiffs in this case. Roiz and Boyett seek voluntary dismissal pursuant to Federal Rule of Civil Procedure 41, but the Court notes that Rule 41 allows for voluntary dismissals only under certain circumstances. The rule is limited to dismissals of "actions," not "parties" or "claims," meaning that the rule cannot be used to cleave away one claim or one party from a larger case. See Taylor v. Brown, 787 F.3d 851, 857-58 (7th Cir. 2015). The Seventh Circuit is clear that to dismiss one claim or one party from an action that will otherwise continue, a plaintiff must instead file an amended complaint. While the Court acknowledges the plain reading of Rule 41, in this limited instance, given the procedural posture of this case, judicial economy counsels in favor of allowing Roiz and Boyett to voluntarily dismiss their claims against Zinus, Inc. without filing an amended complaint. Roiz and Boyett have satisfied Rule 41(a)(1)(A)(i) by filing a notice of dismissal before the opposing party served either an answer or a motion for summary judgment. Given the procedural posture of the case, the Court need take no further action. The stipulation effected the dismissal of Roiz and Boyett from this case. See National Inspection & Repairs, Inc. v. George S. May Intern. Co., 600 F.3d 878, 883 (7th Cir. 2010) ("Claims dismissed pursuant to Rule 41(a)(1) are complete on the dismissal without any action by the district judge."). The Clerk of Court shall terminate Roiz and Boyett as parties. Signed by Judge David W. Dugan on 11/30/2021. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 112 NOTICE of Voluntary Dismissal by Ryan Boyett, Mariah Roiz (Starita, Paul) |
| Filing 111 NOTICE of Appearance by Paul Starita on behalf of Ryan Boyett, Mariah Roiz (Starita, Paul) |
| Set/Reset Deadlines: Joint status report regarding mediation efforts due by 12/17/2021. (clt) |
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Filing 110
ORDER. The parties filed a #107 joint status report informing the Court that their mediation has been rescheduled to December 8-9, 2021, due to the mediator's scheduling conflict. Accordingly, the deadline for the parties' joint status report regarding their mediation efforts is RESET to December 17, 2021. Signed by Judge David W. Dugan on 10/13/2021. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 109 NOTICE by All Defendants re #107 Status Report (Kussart, Natalie) |
| Filing 108 NOTICE OF ACTION re #107 Status Report filed by Zinus Inc. Filer did not include a certificate of service as the last page of their document since pro se parties are involved. Filer should notify the court that they in fact sent to pro se parties a copy of Doc. 107. Please consult the ECF User Manual and Local Rules for further instruction. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 107 STATUS REPORT by All Defendants. (Kussart, Natalie) |
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Filing 106
ORDER. The parties have scheduled a mediation for October 26-27, 2021. (Doc. 105) On or before November 12, 2021, the parties shall file a joint status report regarding their mediation efforts. Signed by Judge David W. Dugan on 9/23/2021. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Status Report due by 11/12/2021. (clt) |
| Filing 105 STATUS REPORT JOINT STATUS REPORT by All Defendants. (Merkle, Zachary) |
| Attorney Appearance for Mariah Roiz and Ryan Boyett due by 10/5/2021 per Order at document 104 . (clt) |
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Filing 104
ORDER granting #101 #102 #103 motions to withdraw as attorney. Attorneys Christopher Cueto, Lloyd M. Cueto, and James E. Radcliffe are GRANTED leave to withdraw as counsel on behalf of Plaintiffs Mariah Roiz and Ryan Boyett, on behalf of themselves and on behalf of their minor children, E.B., L.B., E.F., and J.B. Consistent with Local Rule 83.1(g), counsel shall serve a copy of this Order upon these Defendants within 7 days. Each Defendant is ADVISED that on or before October 5, 2021, he/she each must either retain other counsel, who must file a notice of appearance on his/her behalf, or inform the Court of his/her intention to proceed in this matter pro se. Signed by Judge David W. Dugan on 9/14/2021. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 103 MOTION to Withdraw as Attorney for Plaintiffs Mariah Roiz and Ryan Boyett, on behalf of themselves and on behalf of their minor children, E.B., L.B., E.F., and J.B by Ryan Boyett, Mariah Roiz. (Cueto, Lloyd) |
| Filing 102 MOTION to Withdraw as Attorney for Plaintiffs Mariah Roiz and Ryan Boyett, on behalf of themselves and on behalf of their minor children, E.B., L.B., E.F., and J.B by Ryan Boyett, Mariah Roiz. (Radcliffe, James) |
| Filing 101 MOTION to Withdraw as Attorney for Plaintiffs Mariah Roiz and Ryan Boyett, on behalf of themselves and on behalf of their minor children, E.B., L.B., E.F., and J.B by Ryan Boyett, Mariah Roiz. (Cueto, Christopher) |
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Filing 100
ORDER denying at this time #97 #98 #99 Motions to Withdraw as counsel. A review of the pleadings indicates that Plaintiffs' counsel did not follow Local Rule 83.1(g) in filing the motions. Signed by Judge David W. Dugan on 9/9/2021. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 99 MOTION to Withdraw as Attorney for Plaintiffs Mariah Roiz and Ryan Boyett, on behalf of themselves and on behalf of their minor children, E.B., L.B., E.F., and J.B by Ryan Boyett, Mariah Roiz. (Cueto, Lloyd) |
| Filing 98 MOTION to Withdraw as Attorney for Plaintiffs Mariah Roiz and Ryan Boyett, on behalf of themselves and on behalf of their minor children, E.B., L.B., E.F., and J.B by Ryan Boyett, Mariah Roiz. (Radcliffe, James) |
| Filing 97 MOTION to Withdraw as Attorney for Plaintiffs Mariah Roiz and Ryan Boyett, on behalf of themselves and on behalf of their minor children, E.B., L.B., E.F., and J.B by Ryan Boyett, Mariah Roiz. (Cueto, Christopher) |
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Filing 96
ORDER granting #95 joint motion to continue hearing. The parties have indicated that they are engaged in good-faith preliminary settlement discussions. Accordingly, it is ORDERED that the motion hearing set for August 5, 2021 is CANCELLED. On or before September 17, 2021, the parties shall FILE a joint status report regarding their settlement discussions. After receiving the parties' joint status report, the Court will reset the motion hearing, if necessary. Signed by Judge David W. Dugan on 8/2/2021. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 95 Joint MOTION to Continue Motion Hearing by Zinus Inc.. (Merkle, Zachary) |
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Filing 94
ORDER Setting Motion Hearing as to #78 MOTION to Dismiss for Failure to State a Claim as to Second Amended Complaint, #80 MOTION to Strike #75 Amended Complaint. An in-person motion hearing is set for 10:00 a.m. on August 5, 2021, in the East St. Louis Courthouse, Courtroom 2, before Judge David W. Dugan. Signed by Judge David W. Dugan on 7/20/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 93 RESPONSE/ANSWER TO REQUEST FOR ADMISSIONS by Zinus Inc.. Related document: #82 Request for Admissions filed by Amie Maddox, Kristy Johnson, Ashley Mills, Jordan Sensibaugh, Vanesa Quiroz-Turab, Tawny Miyamoto, Alina Cubow, Paige Jones, Brandon Wagner, Trevor McClain, Erlinda Aguilar, Robert Durham, Marie Hicks, Ginny Goodson, Cheyenne Mitchell, Elker Sensibaugh, Maiko Lunn, Jacob Jones, Samantha Ziegler, Allen Branch, Francis Santana, Kristel Baffa, Jennifer Evans, Jennifer Schmaltz, Ryan Boyett, Mariah Roiz, Ryan Fitzroy Roberts, Christina Hoover, Tucker Evans, David Morse, Rickie Shelton, Ryan Bellotti, Daniel Vidmar, Abuzar Turab, Wesley Kretzer, Selena Golden, Uquallia Coleman, Brittany Rodriguez, Aidan Coyle, Robert Maddox, Garrett Williams, Asia Ausburn, Leza Hepler, Jennifer Walsh, Casey Goldsmith, Storm Davies, Timothy Hepler, Aimee Hudson, Tiara Sampson, Melissa Concepcion, Susan Money, Edward Rockenstyer, David Duron, Jeffery Gobel, Ronald Szeve, David Aguilar, Johnathan Hoover, Joe Cubow, Kamren Hepler, Aaron Cole, Matthew Davis, Amanda Chandler, Robert Stevens, Haleigh McClain, John Orrill, Timothy K. Spies, Alan Sistad, A.J. Cincotta-Eichenfield, Theresa Miller, Jonathan Hoan, Ryan Ausburn, Louise Barkley, Jennifer Goldsmith, Mark Lambarena, Cody Coon, Juan Gaona, Jr., Steven McCallie, Ann Martinec, Natalia Serebriannikova, Unique Maciel, Terry Hayden, Lester Jordan, Chelsea Birnell, Lindsey Williams, Vanessa Gutierrez, Jimmy Hudson, Shaunticia Davis, Marianna Miller, Quentin Miyamoto, Harley Seggerman, Michael Jones, Shayan Askari, Nicole Cookinham, Noah Astolfo, Chad Goodson, Peter Cookinham, Bakytzhan Kallemov, Jacob McDowell, Gabrielle Kuster, Ryan Hasara, Brittany Salcieo, Maria Astolfo, Brandi Kretzer, Tinamarie Maldonado, Matthew Porter, Erica D. Moore, Pamela Colyott, Joseph Goldsmith, Romeo Nero, Douglas Noblitt, Sarah Torella, Brian Stammler, Gulnar Kallemova, Wilson Riendeau, Talia Blaylock, Patrick Green, Yana Ndingan, Jason McCarron, Jr., Logan Summerhays, Alexis Gonzales, Christopher Johnson, Jesus Munoz, Leonard Miller, Steven Curtis, Jun Xiang, Edward Fretheim, Jeremy Miller, Kayla Curtis, Dinora Verdugo Ledezma, Derrick Fudge.(Kussart, Natalie) |
| Filing 92 NOTICE OF MODIFICATION re #91 Memorandum in Support of Motion filed by Zinus Inc. Incorrect filing event used. Document should have been filed using the event "Reply to Response to Motion" located under Civil > Motions and Related Filings > Memoranda in Support, Responses and Replies. Docket text has been modified accordingly. 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. |
| Filing 91 REPLY to Response to Motion re #78 MOTION to Dismiss for Failure to State a Claim as to Second Amended Complaint filed by Zinus Inc.. (Merkle, Zachary) Modified on 7/2/2021 (kek). |
| Filing 90 REPLY to Response to Motion re #80 MOTION to Strike #75 Amended Complaint, as to Class Action Allegations filed by Zinus Inc.. (Merkle, Zachary) |
| Filing 89 RESPONSE in Opposition re #78 MOTION to Dismiss for Failure to State a Claim as to Second Amended Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Radcliffe, James) |
| Filing 88 RESPONSE in Opposition re #80 MOTION to Strike #75 Amended Complaint, as to Class Action Allegations Corrected filed by All Plaintiffs. (Radcliffe, James) |
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Filing 87
ORDER granting unopposed #86 motion for leave to file corrected opposition brief. Plaintiffs shall file their amended response by June 15, 2021. Signed by Judge David W. Dugan on 6/11/2021. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 86 MOTION to Amend/Correct #85 Response in Opposition to Motion by All Plaintiffs. (Radcliffe, James) |
| Filing 85 RESPONSE in Opposition re #80 MOTION to Strike #75 Amended Complaint, as to Class Action Allegations filed by All Plaintiffs. (Radcliffe, James) |
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Filing 84
ORDER granting #83 Motion for Extension of Time to File Response/Reply re #80 MOTION to Strike #75 Amended Complaint, as to Class Action Allegations. Plaintiffs' consent motion for extension of time to file a response to Defendant's motion to strike class allegations is GRANTED. Plaintiffs shall file their response by June 7, 2021. Defendant's reply, if any, shall be filed by June 21, 2021. Signed by Judge David W. Dugan on 5/28/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 83 Consent MOTION for Extension of Time to File Response/Reply as to #80 MOTION to Strike #75 Amended Complaint, as to Class Action Allegations by All Plaintiffs. (Radcliffe, James) |
| Filing 82 REQUEST for Admissions by All Plaintiffs. (Attachments: #1 Exhibit 1)(Radcliffe, James) |
| Filing 81 MEMORANDUM in Support re #80 MOTION to Strike #75 Amended Complaint, as to Class Action Allegations filed by Zinus Inc.. (Attachments: #1 Declaration in Support)(Merkle, Zachary) |
| Filing 80 MOTION to Strike #75 Amended Complaint, as to Class Action Allegations by Zinus Inc.. (Merkle, Zachary) |
| Filing 79 MEMORANDUM in Support re #78 MOTION to Dismiss for Failure to State a Claim as to Second Amended Complaint filed by Zinus Inc.. (Attachments: #1 Exhibit A - Zinus Warranty, #2 Exhibit B - Demonstrative Charts)(Merkle, Zachary) |
| Filing 78 MOTION to Dismiss for Failure to State a Claim as to Second Amended Complaint by Zinus Inc.. Responses due by 6/17/2021 (Merkle, Zachary) |
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Filing 77
ORDER granting #76 Motion for Extension of Time to Answer. For good cause shown and with no objection from Plaintiffs, Defendant's consent motion for extension of time to file answer is GRANTED. Defendant Zinus, Inc. shall answer or otherwise respond to Plaintiffs' amended complaint on or before May 14, 2021. Signed by Judge David W. Dugan on 5/3/21. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 76 Consent MOTION for Extension of Time to File Answer re #75 Amended Complaint, by Zinus Inc.. (Merkle, Zachary) |
| Filing 75 AMENDED COMPLAINT Second Amended Complaint against Zinus Inc., filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Radcliffe, James) |
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Filing 74
ORDER granting #73 Motion for Extension of Time to Answer. Plaintiffs have been directed to file a second amended complaint on or before April 7, 2021. Defendant requests that its deadline to respond to the first amended complaint (Doc. 30) be vacated and that the deadline to respond to the forthcoming second amended complaint be extended. Defendant's motion for extension of time to file answer is GRANTED. Plaintiffs' second amended complaint, which must either remove or replead the dismissed claims, remains due no later than April 7, 2021. Defendant shall answer the forthcoming second amended complaint on or before May 7, 2021. Defendant need not file an answer to the first amended complaint. Signed by Judge David W. Dugan on 3/31/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 73 Consent MOTION for Extension of Time to File Answer re #72 Order,,,, Terminate Motions,,,, Set Deadlines,,, by Zinus Inc.. (Merkle, Zachary) |
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Filing 72
ORDER. Defendant's Motion to Dismiss (Doc. #36 ) is GRANTED in part. Counts I, III, VII and X of Plaintiffs' First Amended Complaint (Doc. #30 ) are hereby DISMISSED without prejudice. Plaintiffs are granted leave to file a Second Amended Complaint within twenty-one (21) days of this Order. Action due 4/7/2021. Defendant's Motion to Dismiss is DENIED as to Counts II, V, VIII and IX of the First Amended Complaint. Defendant's Motion to Dismiss as to Counts IV and VI are DENIED as MOOT. Because this Court is granting leave to the Plaintiffs to amend, the Defendant's Motion to Strike Class Allegations (Doc. #37 ) is DENIED without prejudice. Defendant may refile its Motion to Strike Class Allegations directed to Plaintiffs' amended complaint. Signed by Judge David W. Dugan on 3/17/2021. (dmw2)
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Filing 71
ORDER Granting #69 PLAINTIFFS COMBINED MOTION TO VACATE DISCOVERY ORDER AND LIFT STAY OF ALL DISCOVERY. Over Defendant's objection, Plaintiffs' motion to lift stay of discovery and to continue trial is GRANTED. The final pretrial conference is reset to 10:00 a.m. on September 15, 2022, and jury trial is continued to 9:00 a.m. on October 17, 2022. The stay on discovery is lifted. The parties shall submit a Joint Report of the Parties and Proposed Scheduling and Discovery Order no later than March 29, 2021. Signed by Judge David W. Dugan on 3/15/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 70 RESPONSE to Motion re #69 MOTION to Vacate #52 Order,, Terminate Motions, PLAINTIFFS COMBINED MOTION TO VACATE DISCOVERY ORDER AND LIFT STAY OF ALL DISCOVERY filed by Zinus Inc.. (Kussart, Natalie) |
| Filing 69 MOTION to Vacate #52 Order,, Terminate Motions, PLAINTIFFS COMBINED MOTION TO VACATE DISCOVERY ORDER AND LIFT STAY OF ALL DISCOVERY by All Plaintiffs. (Radcliffe, James) |
| Filing 68 Transcript of Motion Hearing held on 2-10-2021, before Judge David W. Dugan. Court Reporter/Transcriber Karen E. Waugh, Telephone number 618-482-9176. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at #http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/12/2021. (kewa) |
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Filing 67
ORDER. For the purposes of case management, the parties are DIRECTED to submit a Joint Report of Parties and Proposed Scheduling and Discovery Order using the appropriate form provided on the Court's website under Rules and Forms by March 3, 2021. The Joint Report and Proposed Scheduling and Discovery Order shall be submitted via e-mail to [email protected]. Also, before the Court is the Defendant's Motion for Leave to File Supplemental Authorities (Doc. #64 ). The Plaintiffs object to the Motion for Leave to File Supplemental Authorities (Doc. #65 ). As indicated in the motion hearing today, the Court will take the Defendant's Motion for Leave to File Supplemental Authorities (Doc. #64 ) under advisement with the Motion to Dismiss (Doc. #36 ) and Motion to Strike Class Allegations (Doc #37 ). Signed by Judge David W. Dugan on 2/10/2021. (jjmc) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 66 Minute Entry for proceedings held before Judge David W. Dugan: Motion Hearing held on 2/10/2021. Attorneys Christopher Cueto and James Radcliffe present on behalf of Plaintiffs. Attorneys Natalie Kussart, Robert Katerberg, Andrew Bergman and Douglas Curtis present on behalf of Defendant. The Court hears arguments from the Parties and takes the pending Motion to Dismiss (Doc. #36 ) and Motion to Strike (Doc. #37 ) under advisement. Order to issue. (Court Reporter Karen Waugh.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 65 RESPONSE in Opposition re #64 MOTION for Leave to File Supplemental Authorities filed by All Plaintiffs. (Radcliffe, James) |
| Filing 64 MOTION for Leave to File Supplemental Authorities by Zinus Inc.. (Attachments: #1 Exhibit Ex A - Guajardo v Skechers USA, #2 Exhibit Ex B - Burger v Spark Energy, #3 Exhibit Ex C - Buss v Ford Motor Company, #4 Exhibit Ex D - OConnor v Ford Motor Company, #5 Exhibit Ex E - Gaddis V. Zanotti, #6 Exhibit Ex F - Salvador v Allstate Property and Casualty Insurance, #7 Exhibit Ex G - Almond v Janssen Pharmaceuticals Inc)(Kussart, Natalie) |
| Filing 63 NOTICE: For access to the motion hearing on 2/10/2021 by the public, please call toll-free 877-336-1831; when prompted, enter the seven-digit Access Code: 1410181. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 62
ORDER. Before the Court is Plaintiff's Motion for Hearing (Doc. #61 ). The Plaintiff's Motion for Hearing (Doc. #61 ) is GRANTED for oral argument on Defendant's Motion to Dismiss (Doc. #36 ) and Defendant's Motion to Strike Class Allegations (Doc. #37 ). Motion Hearing set for 2/10/2021 at 10:00 AM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email. Signed by Judge David W. Dugan on 2/1/2021. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 61 MOTION for Hearing re #37 MOTION to Strike Class Allegations and Brief in Support, #36 MOTION to Dismiss by All Plaintiffs. (Cueto, Christopher) |
| Filing 60 REPLY in Support re #36 MOTION to Dismiss filed by Zinus Inc.. (Merkle, Zachary) |
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Filing 59
ORDER: Due to the recent case reassignment, the following hearings have been RESET: Final Pretrial Conference RESET to 1/27/2022 at 10:30 AM and Jury Trial RESET to 2/7/2022 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 10/16/2020. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines as to #36 MOTION to Dismiss . Replies due by 10/23/2020. (amv) |
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Filing 58
ORDER granting #56 motion for leave to file a reply in support of the motion to dismiss. Signed by Judge David W. Dugan on 10/15/2020. (jjmc)
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| Filing 57 Pursuant to Administrative Order 277, this case is transferred from Judge Staci M. Yandle and reassigned to Judge David W. Dugan. Unless the newly assigned judge directs otherwise, all deadlines and hearing dates shall remain in effect. All future pleadings shall bear the case number 20-265-DWD. (rah) |
| Filing 56 MOTION for Leave to File Reply in Support of the Motion to Dismiss (Unopposed) by Zinus Inc.. (Merkle, Zachary) |
| Filing 55 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge Staci M. Yandle for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 20-265-SMY. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 54 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Cueto, Christopher) |
| Filing 53 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Cueto, Christopher) |
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Filing 52
ORDER GRANTING #38 MOTION to Stay Discovery Pending Resolution of Dispositive Motions and Brief in Support filed by Zinus Inc. Discovery shall be STAYED until the Court issues its ruling on Defendant's Motion to Dismiss (Doc. 36) and Motion to Strike Class Allegations (Doc. 37). Signed by Magistrate Judge Reona J. Daly on 9/10/2020. (lmo)
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Filing 51
ORDER GRANTING #47 MOTION to Withdraw as Attorney filed by Zinus Inc. Attorney Emily Newhouse Dillingham terminated. Signed by Magistrate Judge Reona J. Daly on 9/10/2020. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 50 NOTICE FROM CLERK Instructing Allen Branch, Brandi Kretzer, & Wesley Kretzer 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 Allen Branch, Brandi Kretzer, & Wesley Kretzer on 9/9/20. Consent due by 9/30/2020. (rah) |
| Filing 49 RESPONSE in Opposition re #36 MOTION to Dismiss filed by All Plaintiffs. (Cueto, Christopher) |
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Filing 48
ORDER granting #46 Motion to Appear Pro Hac Vice by Attorney Douglas Frank Curtis. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 47 MOTION to Withdraw as Attorney by Zinus Inc.. (Dillingham, Emily) |
| Filing 46 MOTION to Appear Pro Hac Vice by Attorney Douglas Frank Curtis $200 fee paid,receipt number 0754-4273992 by on behalf of Zinus Inc.. (Curtis, Douglas) |
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Filing 45
ORDER granting #44 Motion to Appear Pro Hac Vice by Attorney Andrew David Bergman. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 44 MOTION to Appear Pro Hac Vice by Attorney Andrew David Bergman $200 fee paid,receipt number 0754-4266802 by on behalf of Zinus Inc.. (Attachments: #1 Exhibit A)(Bergman, Andrew) |
| Filing 43 REPLY to Response to Motion re #37 MOTION to Strike Class Allegations and Brief in Support filed by Zinus Inc.. (Kussart, Natalie) |
| Filing 42 RESPONSE in Opposition re #38 MOTION to Stay Discovery Pending Resolution of Dispositive Motions and Brief in Support filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cueto, Christopher) |
| Filing 41 NOTICE OF MODIFICATION re #40 Response in Opposition to Motion filed by Brandi Kretzer, Wesley Kretzer, Allen Branch, Robert Durham, Amanda Chandler. Per filers request, Document was updated to reflect correct linking to document 37. No further action is required by the filer in relation to this notification. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 40 RESPONSE in Opposition re #37 MOTION to Strike Class Allegations and Brief in Support by Zinus Inc. filed by All Plaintiffs. (Cueto, Christopher) Modified on 8/21/2020 (ack). |
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Filing 39
ORDER: the Scheduling Conference set for August 18, 2020 is hereby CANCELLED.Signed by Magistrate Judge Reona J. Daly on 8/17/2020. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 38 MOTION to Stay Discovery Pending Resolution of Dispositive Motions and Brief in Support by Zinus Inc.. (Merkle, Zachary) |
| Filing 37 MOTION to Strike Class Allegations and Brief in Support by Zinus Inc.. (Kussart, Natalie) |
| Filing 36 MOTION to Dismiss by Zinus Inc.. Responses due by 9/11/2020 (Attachments: #1 Exhibit Declaration of Jiyun Jeong)(Kussart, Natalie) |
| Filing 35 Corporate Disclosure Statement by Zinus Inc. identifying Corporate Parent Zinus, Inc. for Zinus Inc.. (Kussart, Natalie) |
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Filing 34
ORDER REGARDING DISCOVERY: Disputes which require a ruling on a motion made under Rule 37 of the Federal Rules of Civil Procedure will be handled in the following manner. The party seeking a discovery order shall request a prompt telephone conference with Judge Daly and opposing counsel by alerting the law clerk assigned to the case and providing the law clerk with appropriate material, such as: (1) a list or summary of the items in dispute, (2) copies of written requests/objections/privilege logs in dispute, and (3) an estimate of the amount of time needed to present argument to the Court. Law clerks prefer to receive these materials through Judge Daly's email depository for proposed documents. Prior to seeking a telephone conference with Judge Daly, the parties must meet and confer in an attempt to resolve the dispute informally. Argument on motions to compel discovery or for discovery sanctions shall be presented orally at the telephone conference. Written motions or legal memoranda will not be accepted unless specifically requested. Signed by Magistrate Judge Reona J. Daly on 7/27/2020. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 33 CJRA TRACK D assigned. Scheduling and Discovery Conference set for 8/18/2020 at 9:45 AM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 888-273-3658. The access code is 1770924. The security code is 2650. Final Pretrial Conference set for 1/18/2022 at 1:30 PM in Benton Courthouse before Magistrate Judge Reona J. Daly. Jury Trial set for 2/1/2022 at 9:00 AM in Benton Courthouse before Magistrate Judge Reona J. Daly.(jlm) |
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Filing 32
ORDER GRANTING #31 MOTION for Extension of Time to File Answer re #30 Amended Complaint filed by Zinus Inc. Defendant to file its answer or otherwise respond to Plaintiffs' Amended Complaint (Doc. 30) on or before August 7, 2020. Signed by Magistrate Judge Reona J. Daly on 6/25/2020. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 31 MOTION for Extension of Time to File Answer re #30 Amended Complaint by Zinus Inc.. (Kussart, Natalie) |
| Filing 30 AMENDED COMPLAINT against Zinus Inc., filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Cueto, Christopher) |
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Filing 29
ORDER GRANTING #28 MOTION to Amend/Correct #1 Complaint filed by Robert Durham, Amanda Chandler. Federal Rule of Civil Procedure 15(a) provides that a party may amend a pleading and that leave to amend should be freely given "when justice so requires." The Seventh Circuit maintains a liberal attitude toward the amendment of pleadings "so that cases may be decided on the merits and not on the basis of technicalities." Stern v. U.S. Gypsum, Inc., 547 F.2d 1329, 1334 (7th Cir. 1977). The Circuit has recognized that "the complaint merely serves to put the defendant on notice and is to be freely amended or constructively amended as the case develops, as long as amendments do not unfairly surprise or prejudice the defendant." Toth v. USX Corp., 883 F.2d 1297, 1298 (7th Cir. 1989). A court may also deny a party leave to amend if there is undue delay, dilatory motive or futility. Guise v. BMW Mortgage, LLC, 377 F.3d 795, 801 (7th Cir. 2004). Finding that Plaintiffs' proposed amended complaint is neither unduly delayed nor futile or brought with dilatory motive and noting that Defendant did not file an objection to the same, Plaintiffs' Motion is GRANTED. Plaintiffs are ORDERED to file their proposed amended class action complaint as the First Amended Complaint by June 25, 2020.Signed by Magistrate Judge Reona J. Daly on 6/23/2020. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 MOTION to Amend/Correct #1 Complaint by All Plaintiffs. (Cueto, Christopher) |
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Filing 27
ORDER GRANTING #26 MOTION to Amend/Correct #1 Complaint PLAINTIFFS UNOPPOSED MOTION FOR LEAVE TO FILE AN AMENDED CLASS ACTION COMPLAINT BY JUNE 8, 2020 filed by Robert Durham, Amanda Chandler. Plaintiffs are GRANTED an extension of time, up to and including June 8, 2020, to seek leave to file an amended complaint. Plaintiffs must submit a proposed amended complaint with their motion. Signed by Magistrate Judge Reona J. Daly on 6/1/2020. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 26 MOTION to Amend/Correct #1 Complaint PLAINTIFFS UNOPPOSED MOTION FOR LEAVE TO FILE AN AMENDED CLASS ACTION COMPLAINT BY JUNE 8, 2020 by Amanda Chandler, Robert Durham. (Cueto, Christopher) |
| Filing 25 NOTICE of Appearance by Lloyd M. Cueto on behalf of All Plaintiffs (Cueto, Lloyd) |
| Filing 24 NOTICE of Appearance by James Edward Radcliffe on behalf of All Plaintiffs (Radcliffe, James) |
| Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kussart, Natalie) |
| Filing 22 NOTICE of Appearance by James Kiseong Lee on behalf of Zinus Inc. (Lee, James) |
| Filing 21 NOTICE of Appearance by Robert J. Katerberg on behalf of Zinus Inc. (Katerberg, Robert) |
| Filing 20 NOTICE of Appearance by Emily Newhouse Dillingham on behalf of Zinus Inc. (Dillingham, Emily) |
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Filing 19
ORDER granting #16 Motion to Appear Pro Hac Vice by Attorney Emily Newhouse Dillingham; granting #17 Motion to Appear Pro Hac Vice by Attorney Robert J. Katerberg; and granting #18 Motion to Appear Pro Hac Vice by Attorney James Kiseong Lee. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 MOTION to Appear Pro Hac Vice by Attorney James Kiseong Lee $200 fee paid,receipt number 0754-4162218 by on behalf of Zinus Inc.. (Lee, James) |
| Filing 17 MOTION to Appear Pro Hac Vice by Attorney Robert J. Katerberg $200 fee paid,receipt number 0754-4162191 by on behalf of Zinus Inc.. (Katerberg, Robert) |
| Filing 16 MOTION to Appear Pro Hac Vice by Attorney Emily Newhouse Dillingham $200 fee paid,receipt number 0754-4162110 by on behalf of Zinus Inc.. (Dillingham, Emily) |
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Filing 15
ORDER re #14 Notice of Voluntary Dismissal filed by Robert Durham, Amanda Chandler. Plaintiffs filed a notice of voluntary dismissal, indicating their claims against eBay, Inc. may be dismissed. However, a plain reading of Federal Rule of Civil Procedure 41(a) suggests that dismissal under this rule should be used only to dismiss an ENTIRE ACTION (rather than a particular claim against a particular defendant). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (Rule 41(a) is "limited to dismissal of an entire action" and Rule 15(a) is the proper vehicle for "adding or dropping parties and claims"). The rule cannot be used to cleave away one claim or one party from a larger case. Id. To be clear, Plaintiffs' Notice of Voluntary Dismissal (Doc. 14), therefore, has not automatically terminated eBay, Inc. as it would under applicable circumstances. Accordingly, eBay, Inc. will remain a defendant in this matter until Plaintiffs amend their Complaint pursuant to Rule 15(a). Plaintiffs are granted leave to file an amended complaint that dismisses eBay, Inc. on or before May 15, 2020. Signed by Magistrate Judge Reona J. Daly on 4/16/2020. (ely)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 NOTICE of Voluntary Dismissal by Amanda Chandler, Robert Durham (Cueto, Christopher) |
| Filing 13 NOTICE FROM CLERK Instructing Zinus 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 Zinus Inc. on 4/15/20. Consent due by 5/6/2020.(rah) |
| Filing 12 NOTICE of Appearance by Zachary S. Merkle on behalf of Zinus Inc. (Merkle, Zachary) |
| Filing 11 NOTICE of Appearance by Natalie J. Kussart on behalf of Zinus Inc. (Kussart, Natalie) |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Cueto, Christopher) |
| Filing 9 NOTICE: Amanda Chandler, Robert Durham was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Amanda Chandler, Robert Durham shall return the form within 7 days or face possible sanctions. Consent due by 4/10/2020. (rah) |
| Filing 8 SUMMONS Returned Executed by All Plaintiffs. Wayfair Inc. served on 3/25/2020, answer due 4/15/2020. (Cueto, Christopher) |
| Filing 7 SUMMONS Returned Executed by All Plaintiffs. Zinus Inc. served on 3/26/2020, answer due 4/16/2020. (Cueto, Christopher) |
| Filing 6 Summons Issued as to Amazon.com LLC, Ebay Inc., Target AABC Corporation, Walmart Inc., Wayfair Inc., Zinus Inc. Original documents sent to attorney for plaintiffs for service. (rah) |
| Filing 5 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Amanda Chandler, Robert Durham. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-265-RJD. Consent due by 4/2/2020. (rah) |
| Filing 4 DEMAND for Trial by Jury by Amanda Chandler, Robert Durham. (Cueto, Christopher) |
| Filing 3 Summons Requested. (Attachments: #1 Summons Ebay, #2 Summons Target, #3 Summons Walmart, #4 Summons Wayfair, #5 Summons Zinus)(Cueto, Christopher) |
| Filing 2 NOTICE of Appearance by Christopher F. Cueto on behalf of Amanda Chandler, Robert Durham (Cueto, Christopher) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-4138501.), filed by Robert Durham, Amanda Chandler. (Attachments: #1 Civil Cover Sheet)(Cueto, Christopher) |
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