Chandler et al v. Amazon.com LLC et al
Plaintiff: Amanda Chandler and Robert Durham
Defendant: Zinus Inc., Target AABC Corporation, Amazon.com LLC, Wayfair Inc., Walmart Inc. and Ebay Inc.
Case Number: 3:2020cv00265
Filed: March 12, 2020
Court: US District Court for the Southern District of Illinois
Presiding Judge: Reona J Daly
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 30, 2020 Filing 23 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kussart, Natalie)
April 17, 2020 Filing 22 NOTICE of Appearance by James Kiseong Lee on behalf of Zinus Inc. (Lee, James)
April 17, 2020 Filing 21 NOTICE of Appearance by Robert J. Katerberg on behalf of Zinus Inc. (Katerberg, Robert)
April 17, 2020 Filing 20 NOTICE of Appearance by Emily Newhouse Dillingham on behalf of Zinus Inc. (Dillingham, Emily)
April 17, 2020 Opinion or Order 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.
April 16, 2020 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)
April 16, 2020 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)
April 16, 2020 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)
April 16, 2020 Opinion or Order 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.
April 15, 2020 Filing 14 NOTICE of Voluntary Dismissal by Amanda Chandler, Robert Durham (Cueto, Christopher)
April 15, 2020 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)
April 15, 2020 Filing 12 NOTICE of Appearance by Zachary S. Merkle on behalf of Zinus Inc. (Merkle, Zachary)
April 15, 2020 Filing 11 NOTICE of Appearance by Natalie J. Kussart on behalf of Zinus Inc. (Kussart, Natalie)
April 8, 2020 Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Cueto, Christopher)
April 3, 2020 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)
April 1, 2020 Filing 8 SUMMONS Returned Executed by All Plaintiffs. Wayfair Inc. served on 3/25/2020, answer due 4/15/2020. (Cueto, Christopher)
April 1, 2020 Filing 7 SUMMONS Returned Executed by All Plaintiffs. Zinus Inc. served on 3/26/2020, answer due 4/16/2020. (Cueto, Christopher)
March 12, 2020 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)
March 12, 2020 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)
March 12, 2020 Filing 4 DEMAND for Trial by Jury by Amanda Chandler, Robert Durham. (Cueto, Christopher)
March 12, 2020 Filing 3 Summons Requested. (Attachments: #1 Summons Ebay, #2 Summons Target, #3 Summons Walmart, #4 Summons Wayfair, #5 Summons Zinus)(Cueto, Christopher)
March 12, 2020 Filing 2 NOTICE of Appearance by Christopher F. Cueto on behalf of Amanda Chandler, Robert Durham (Cueto, Christopher)
March 12, 2020 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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Defendant: Zinus Inc.
Represented By: Robert J. Katerberg
Represented By: Natalie J. Kussart
Represented By: Emily Newhouse Dillingham
Represented By: Zachary S. Merkle
Represented By: James Kiseong Lee
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Defendant: Target AABC Corporation
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Defendant: Amazon.com LLC
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Defendant: Wayfair Inc.
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Defendant: Walmart Inc.
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Defendant: Ebay Inc.
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Plaintiff: Amanda Chandler
Represented By: Christopher F. Cueto
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Plaintiff: Robert Durham
Represented By: Christopher F. Cueto
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