Coons v. Yum! Brands, Inc.
| Kimberly Coons |
| Yum! Brands, Inc., Taco Bell Franchisor, LLC, Bell American Group, LLC, Yum Restaurant Services Group, LLC and Taco Bell Corp. |
| 3:2021cv00045 |
| January 13, 2021 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 158
ORDER STAYING CASE: This Court GRANTS #107 MOTION to Compel Arbitration. Accordingly, this case is stayed and the pending motions to dismiss (Docs. #103 and #109 respectively) are held in abeyance. The parties shall file a Joint Status Report on or before November 1, 2023. Signed by Judge Stephen P. McGlynn on 5/9/2023. (jce)
|
|
Filing 157
ORDER re #156 Motion for Leave to File. This Court has already reviewed the recent Illinois Supreme Court decision, Cothron v. White Castle Systems, Inc. 2023 IL 128004 (Ill., Feb. 17, 2023); therefore, plaintiff's motion is granted. Signed by Judge Stephen P. McGlynn on 2/24/2023. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 156 MOTION for Leave to File Supplemental Authority by Kimberly Coons. (Attachments: #1 Exhibit Tims v. Black Horse Carriers, #2 Exhibit Cothron v. White Castle System)(Shamberg, Kyle) |
|
Filing 155
ORDER granting #153 and #154 MOTIONS for Leave to File Supplemental Authority. Signed by Judge Stephen P. McGlynn on 1/6/2016. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 154 MOTION for Leave to File Supplemental Authority by Kimberly Coons. (Attachments: #1 Exhibit A - Johnson v. Mitek Systems)(Shamberg, Kyle) |
| Filing 153 MOTION for Leave to File Supplemental Authority by Kimberly Coons. (Attachments: #1 Exhibit A - Giron v. Subaru)(Shamberg, Kyle) |
| Filing 152 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #148 Notice (Other) filed by Kimberly Coons per Order 151 . (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
|
Filing 151
ORDER granting #150 Motion to Strike For Failure to Comply with Local Rule 7.1(c). Signed by Judge Stephen P. McGlynn on 12/12/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 150 MOTION to Strike #148 Notice (Other) For Failure to Comply with Local Rule 7.1(c) by Taco Bell Corp., Taco Bell Franchisor, LLC, Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Cockroft, Andrew) |
| Filing 149 STIPULATION (Joint Stipulation and Proposed Order on Discovery of Electronically Stored Information) by Taco Bell Corp., Taco Bell Franchisor, LLC, Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Cockroft, Andrew) |
| Filing 148 STRICKEN - NOTICE by Kimberly Coons re #135 Memorandum in Opposition to Motion Notice of Supplemental Authority (Attachments: #1 Exhibit A)(Shamberg, Kyle) |
| Filing 147 SEALED REPLY to Response to Motion re #103 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) filed by Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
|
Filing 146
ORDER granting #142 Motion for Leave to File documents under seal. Signed by Judge Stephen P. McGlynn on 11/8/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 145 REPLY to Response to Motion re #109 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), to Dismiss for Failure to Add an Indispensable Party Pursuant to Rule 12(b)(7), and to Strike Class Allegations filed by Taco Bell Corp., Taco Bell Franchisor, LLC, Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
| Filing 144 REPLY to Response to Motion re #107 MOTION to Compel Arbitration Pursuant to the Federal Arbitration Act, 9 U.S.C. 1, et seq filed by Taco Bell Corp., Taco Bell Franchisor, LLC, Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
| Filing 143 REPLY to Response to Motion re #103 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) filed by Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
| Filing 142 MOTION for Leave to File Under Seal References To and Quotes From Certain Exhibits Cited In Support of Yum! Brands, Inc. and Yum Restaurant Services Group, LLC's Motion to Dismiss Pursuant to Rule 12(b)(2) by Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
|
Filing 141
ORDER granting #140 Motion to Withdraw. Attorney Nicholas R. Lange is terminated as one of plaintiff's attorneys. Signed by Judge Stephen P. McGlynn on 10/25/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 140 MOTION to Withdraw as Attorney for Nicholas Lange as one of the Attorney for Plaintiff Kimberly Coons by Kimberly Coons. (Carroll, Katrina) |
| Filing 139 Sealed Document (Unredacted) re #138 Memorandum in Opposition to Motion, by Kimberly Coons. (Carroll, Katrina) |
| Filing 138 MEMORANDUM in Opposition re #109 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), to Dismiss for Failure to Add an Indispensable Party Pursuant to Rule 12(b)(7), and to Strike Class Allegations (Redacted) filed by Kimberly Coons. (Carroll, Katrina) |
| Filing 137 Sealed Document re #135 Memorandum in Opposition to Motion, #136 Affidavit by Kimberly Coons. (Attachments: #1 Exhibit Exhibit B to Shamberg Declaration, #2 Exhibit Exhibit C to Shamberg Declaration)(Carroll, Katrina) |
| Filing 136 AFFIDAVIT re #135 Memorandum in Opposition to Motion by Kimberly Coons. (Attachments: #1 Exhibit Exhibit A to Shamberg Declaration)(Carroll, Katrina) |
| Filing 135 MEMORANDUM in Opposition re #107 MOTION to Compel Arbitration Pursuant to the Federal Arbitration Act, 9 U.S.C. 1, et seq (Redacted) filed by Kimberly Coons. (Carroll, Katrina) |
| Filing 134 Sealed Document (Unredacted Memorandum of Law in Opposition to Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) re #132 Response in Opposition to Motion, #133 Affidavit, by Kimberly Coons. (Attachments: #1 Exhibit Exhibit B to Grant Declaration, #2 Exhibit Exhibit G to Grant Declaration, #3 Exhibit Exhibit H to Grant Declaration, #4 Exhibit Exhibit L to Grant Declaration)(Carroll, Katrina) |
| Filing 133 AFFIDAVIT re #132 Response in Opposition to Motion Declaration of Lynca J. Grant by Kimberly Coons. (Attachments: #1 Exhibit A to Grant Declaration, #2 Exhibit C to Grant Declaration, #3 Exhibit D to Grant Declaration, #4 Exhibit E to Grant Declaration, #5 Exhibit F to Grant Declaration, #6 Exhibit I to Grant Declaration, #7 Exhibit J to Grant Declaration, #8 Exhibit K to Grant Declaration)(Carroll, Katrina) |
| Filing 132 RESPONSE in Opposition re #103 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) (Redacted) filed by Kimberly Coons. (Carroll, Katrina) |
|
Filing 131
ORDER granting #129 Motion for Leave to File under seal. Signed by Judge Stephen P. McGlynn on 10/17/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 130
ORDER granting #128 Motion for Leave to File under seal. Signed by Judge Stephen P. McGlynn on 10/17/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 129 MOTION for Leave to File Under Seal certain portions of Memorandum in Opposition to Motion to Dismiss for Failure to State a Claim by Kimberly Coons. (Shamberg, Kyle) |
| Filing 128 MOTION for Leave to File Under Seal certain portions of Memorandum in Opposition to Motion to Dismiss for Lack of Personal Jurisdiction and certain exhibits thereto by Kimberly Coons. (Shamberg, Kyle) |
|
Filing 127
ORDER granting #126 Motion for Leave to File certain portions ofher Memorandum of Law in Opposition to Defendants Motion to Compel Arbitration, as well as related exhibits, under seal. Signed by Judge Stephen P. McGlynn on 10/14/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 126 MOTION for Leave to File Under Seal certain portions of Memorandum in Opposition to Motion to Compel Arbitration and certain exhibits thereto by Kimberly Coons. (Shamberg, Kyle) |
| Filing 125 NOTICE of Appearance by Kyle Shamberg on behalf of Kimberly Coons (Shamberg, Kyle) |
|
Filing 124
ORDER: In accordance with 123 Order, the Final Pretrial and Jury Trial dates are extended 60 days. Accordingly, the Final Pretrial Conference is reset on 4/22/2024 at 9:00 a.m. in the East St. Louis Courthouse before Judge Stephen P. McGlynn. Presumptive Jury Trial month is May 2024. Signed by Judge Stephen P. McGlynn on 9/30/2022. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 123
ORDER re #122 MOTION for Approval of Joint Stipulation and Consent re: Briefing Schedule and Discovery-Related Deadlines. The Court notes that the parties filed the Motion on 9/27/2022 and aggressively sought the Court's approval although they were advised that he was in jury trial. This case has been on file since 1/13/2021 and is still at the initial stages. Any further requests for continuance will NOT be taken lightly, even if jointly agreed to by the parties as the Court is in control of his docket and must answer to the Seventh Circuit. Nevertheless, the Court partially GRANTS the motion as follows: (1) Responses to Motions (Docs. #103 , #107 , and #109 ) are due from plaintiff by 10/17/2022; (2) Any replies are due to those responses by 11/7/2022, which is in excess of the fourteen (14) days set forth in Local Rules (SDIL-LR 7.1) - the defendants must comply with all other requirements, including the five (5) page limitation for replies; and, (3) All discovery deadlines and obligations are extended sixty (60) days from today, NOT from thirty days following the Court's decision. This Court will not extend the deadlines arbitrarily. Signed by Judge Stephen P. McGlynn on 9/30/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 122 MOTION for Approval of Joint Stipulation and Consent re: Briefing Schedule and Discovery-Related Deadlines by Kimberly Coons. (Carroll, Katrina) |
| Filing 121 NOTICE of Appearance by Andrew Randall Cockroft on behalf of Taco Bell Corp., Taco Bell Franchisor, LLC, Yum Restaurant Services Group, LLC, Yum! Brands, Inc. (Cockroft, Andrew) |
|
Filing 120
ORDER granting (Docs. #117 , #118 , and #119 ) MOTIONS to Withdraw; Attorneys David C. Layden, Elena M. Olivieri, and Ross B. Bricker are hereby terminated as counsel of record for defendants Taco Bell Franchisor, LLC and Yum! Brands, Inc. Defendants remain represented by Thomas E. Ahlering and Anne Deborah Harris with King & Spaulding, LLP - Chicago. Signed by Judge Stephen P. McGlynn on 9/21/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 119 MOTION to Withdraw as Attorney by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Bricker, Ross) |
| Filing 118 MOTION to Withdraw as Attorney by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Olivieri, Elena) |
| Filing 117 MOTION to Withdraw as Attorney by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Layden, David) |
|
Filing 116
ORDER granting #115 Motion to Withdraw. Attorney Daniel J. Weiss terminated as one of the attorneys for defendants Yum! Brands, Inc. and Taco Bell Franchisor, LLC. Signed by Judge Stephen P. McGlynn on 9/20/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 115 MOTION to Withdraw as Attorney by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Weiss, Daniel) |
| Filing 114 Sealed Document (Unredacted Memorandum in Support of Motion to Dismiss for Lack of Personal Jurisdiction and Sealed Exhibits) re #105 Affidavit, #103 Motion to Dismiss/Lack of Jurisdiction, #104 Memorandum in Support of Motion by Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Attachments: #1 Exhibit Sealed Exhibit 1, #2 Exhibit Sealed Exhibit 2, #3 Exhibit Sealed Exhibit 3)(Ahlering, Thomas) |
|
Filing 113
ORDER granting #106 Motion for Leave to File Under Seal Certain Exhibits Cited In Support of Yum! Brands, Inc. and Yum Restaurant Services Group, LLC's Motion to Dismiss Pursuant to Rule 12(b)(2). Signed by Judge Stephen P. McGlynn on 9/19/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 112
NOTICE AND ORDER: Pursuant to 96 prior Order, plaintiff has 14 days, or until October 3, 2022, to file response(s) to #103 and #109 pending Motions to Dismiss; plaintiff also has 21 days, or until October 11, 2022 to file response to #107 Motion to Compel Arbitration. (Responses due by 10/3/2022 and 10/11/2022). Signed by Judge Stephen P. McGlynn on 9/19/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 111 NOTICE of Appearance by Anne Deborah Harris on behalf of All Defendants (Harris, Anne) |
| Filing 110 MEMORANDUM in Support re #109 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), to Dismiss for Failure to Add an Indispensable Party Pursuant to Rule 12(b)(7), and to Strike Class Allegations filed by Taco Bell Corp., Taco Bell Franchisor, LLC, Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Ahlering, Thomas) |
| Filing 109 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), to Dismiss for Failure to Add an Indispensable Party Pursuant to Rule 12(b)(7), and to Strike Class Allegations by Taco Bell Corp., Taco Bell Franchisor, LLC, Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
| Filing 108 MEMORANDUM in Support re #107 MOTION to Compel Arbitration Pursuant to the Federal Arbitration Act, 9 U.S.C. 1, et seq filed by Taco Bell Corp., Taco Bell Franchisor, LLC, Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
| Filing 107 MOTION to Compel Arbitration Pursuant to the Federal Arbitration Act, 9 U.S.C. 1, et seq by Taco Bell Corp., Taco Bell Franchisor, LLC, Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
| Filing 106 MOTION for Leave to File Under Seal Certain Exhibits Cited In Support of Yum! Brands, Inc. and Yum Restaurant Services Group, LLC's Motion to Dismiss Pursuant to Rule 12(b)(2) by Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
| Filing 105 AFFIDAVIT re #104 Memorandum in Support of Motion, #103 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) Declaration of Thomas E. Ahlering by Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Ahlering, Thomas) |
| Filing 104 MEMORANDUM in Support re #103 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) filed by Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
| Filing 103 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) by Yum Restaurant Services Group, LLC, Yum! Brands, Inc.. (Ahlering, Thomas) |
| Filing 102 NOTICE of Appearance by Thomas E. Ahlering on behalf of All Defendants (Ahlering, Thomas) |
|
Filing 101
ORDER provisionally granting #99 Motion to Seal. Plaintiff has already filed #98 Third Amended Class Action Complaint under Seal advising that it contained confidential and privileged information. No further action is required at this time; however, in the future, the parties are advised that they must first seek and obtain leave before filing any documents under seal. Signed by Judge Stephen P. McGlynn on 9/2/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 100
NOTICE AND ORDER: The Court is in receipt of #98 Third Amended Class Action Complaint. Defendants shall file responsive pleading within fourteen (14) days, or by September 16, 2022. "When an amended complaint is filed, the prior pleading is withdrawn and the amended pleading is controlling." Johnson v. Dossey, 515 F.3d 778, 780 (7th Cir. 2008). The Motions to Dismiss (Docs. #75 and #77 ) relate to Plaintiff's prior Complaint and are therefore moot. (Action due by 9/16/2022.) Signed by Judge Stephen P. McGlynn on 9/2/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 99 MOTION to Seal Third Amended Class Action Complaint by Kimberly Coons. (Lange, Nicholas) |
| Filing 98 Sealed Document (Third Amended Class Action Complaint) by Kimberly Coons. (Lange, Nicholas) |
| Filing 97 AMENDED COMPLAINT (Third Amended Class Action Complaint, Redacted) against Taco Bell Franchisor, LLC, Yum! Brands, Inc., Yum Restaurant Services Group, LLC, Taco Bell Corp., filed by All Plaintiffs.(Lange, Nicholas) |
|
Filing 96
NOTICE AND ORDER: Although no motion has been filed, the issue was raised in the #94 Joint Status Report. Accordingly, plaintiff is granted 21 days, or until September 1, 2022 to file Amended Complaint. Defendants shall then have 14 days to file answer or responsive pleading. The Court is constrained to note that it will not grant additional time absent extraordinary circumstances as this case was originally filed on January 13, 2021. If an Amended Complaint is not timely filed, the Court will render a decision on the pending Motion to Dismiss. (Amended Pleadings due by 9/1/2022). Signed by Judge Stephen P. McGlynn on 8/11/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 95
NOTICE AND ORDER: The Court is in receipt of #94 Joint Status Report. Paragraphs 22 and 23 on page 4 reference letters to the Court; however, this Court is not in receipt of any such documents and the docket does not reflect any filings on July 6, 2022. If the parties wish intervention and/or action by the Court, they must file a motion with the Clerk. Signed by Judge Stephen P. McGlynn on 7/18/2022. (jce)
|
| Filing 94 STATUS REPORT / Joint Status Report by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Layden, David) |
|
Filing 93
ORDER ADOPTING JOINT REPORT AND PROPOSED SCHEDULING AND DISCOVERY ORDER. Signed by Judge Stephen P. McGlynn on 6/24/2022. (Attachments: #1 Proposed JRP)(jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 92 Minute Entry for proceedings held before Judge Stephen P. McGlynn: Telephonic Scheduling Conference held on 6/24/2022. Attorney Gary Graifman participated on behalf of the plaintiff. Attorneys Dan Weiss and David Layden participated on behalf of Defendants. The Joint Report of the Parties is accepted. (Court Reporter N/A.) (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 91 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #90 Status Report filed by Yum! Brands, Inc., Taco Bell Franchisor, LLC. Document stricken as ordered by the Court. A completed form Joint Report of Parties and Proposed Scheduling and Discovery Order shall be submitted, not filed, to the assigned district judges e-mail address for proposed documents. The subject line of the e- mail must include the case number and reference Joint Report. See attached document for specifics (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 90 STRICKEN STATUS REPORT / Joint Report of the Parties and Proposed Scheduling and Discovery Order (Class Action) by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Weiss, Daniel) Modified on 6/23/2022 (jlh). |
|
Filing 89
ORDER SETTING SCHEDULING CONFERENCE. Telephonic Scheduling Conference set for 6/24/2022 at 10:00 AM before Judge Stephen P. McGlynn. Joint Report of the Parties due seven days before the conference. The parties are reminded that the proposed discovery and dispositive motions deadlines must be in compliance with the requirements set forth in this Court's form order. See also SDIL-LR 7.1(f) and Timetable. Instructions to join the phone conference are as follows: Call toll free 1-888-684-8852, when prompted enter access code 6102338, when prompted enter the four-digit security code 9374. Signed by Judge Stephen P. McGlynn on 6/2/2022. (jsm2)
|
| Filing 88 CJRA TRACK D assigned: Final Pretrial Conference set for 2/20/2024 at 9:00 AM in East St. Louis Courthouse before Judge Stephen P. McGlynn. Presumptive Jury Trial set for March 2024. Signed by Judge Stephen P. McGlynn on 6/2/2022. (jsm2) |
|
Filing 87
NOTICE AND ORDER: The Court is in receipt of #85 MOTION for Extension of Time as well as #86 RESPONSE thereto. Because both parties consent to the extension and neither party is completely responsible for the necessity of more time, the motion is GRANTED and jurisdictional discovery is to be completed by July 8, 2022. Additionally, a joint status report is to be filed by July 15, 2022. The parties are reminded that two motions to dismiss remain pending and in abeyance (see #75 and #77 ). Signed by Judge Stephen P. McGlynn on 5/5/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 86 RESPONSE to Motion re #85 MOTION for Extension of Time to Complete Jurisdictional Discovery filed by Yum! Brands, Inc.. (Layden, David) |
| Filing 85 MOTION for Extension of Time to Complete Jurisdictional Discovery by Kimberly Coons. (Lange, Nicholas) |
| Filing 84 NOTICE OF MODIFICATION re 83 Order, Terminate Motions, Set Deadlines. Modified to reflect correct links to motions. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
|
Filing 83
ORDER granting in part #82 MOTION for Leave to Take Jurisdictional Discovery. Plaintiff is granted sixty (60) days to conduct jurisdictional discovery. During this time, the Motions to Dismiss ( #75 and #77 ) are held in abeyance. Following jurisdictional discovery, the plaintiff needs to advise the Court of its position via a status report. If the plaintiff intends to proceed on the current complaint, the defendants will be granted fourteen (14) days to Reply to the pending memorandums in opposition to Motions to Dismiss; if the plaintiff wishes to amend the pleading in light of the jurisdictional discovery, she shall seek leave. (Status Report due by 5/16/2022).. Signed by Judge Stephen P. McGlynn on 3/10/2022. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 3/10/2022 (clt).
|
| Filing 82 MOTION Leave to Take Jurisdictional Discovery by Kimberly Coons. (Lange, Nicholas) |
| Filing 81 MEMORANDUM in Opposition re #75 MOTION to Dismiss for Lack of Jurisdiction / Defendant Yum! Brands, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) filed by Kimberly Coons. (Lange, Nicholas) |
| Filing 80 MEMORANDUM in Opposition re #77 MOTION to Dismiss / Defendants Yum! Brands, Inc.'s and Taco Bell Franchisor, LLC's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(7) and 12(b)(6) filed by Kimberly Coons. (Attachments: #1 Exhibit A)(Lange, Nicholas) |
|
Filing 79
NOTICE AND ORDER: The Court is in receipt of #75 Motion to Dismiss for Lack of Jurisdiction Pursuant to Fed. R. Civ. P. 12(b)(2) and #77 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(7) and 12(b)(6). Any responses/objections are due by March 7, 2022. Signed by Judge Stephen P. McGlynn on 2/4/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 78 MEMORANDUM in Support re #77 MOTION to Dismiss / Defendants Yum! Brands, Inc.'s and Taco Bell Franchisor, LLC's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(7) and 12(b)(6) / Brief in Support of Defendants Yum! Brands and Taco Bell Franchisor's Motion to Dismiss Pursuant to Fed. R. Civ. P.12(b)(7) and 12(b)(6) filed by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Layden, David) |
| Filing 77 MOTION to Dismiss / Defendants Yum! Brands, Inc.'s and Taco Bell Franchisor, LLC's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(7) and 12(b)(6) by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Layden, David) |
| Filing 76 MEMORANDUM in Support re #75 MOTION to Dismiss for Lack of Jurisdiction / Defendant Yum! Brands, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) / Brief in Support of Defendant Yum! Brands, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) filed by Yum! Brands, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Layden, David) |
| Filing 75 MOTION to Dismiss for Lack of Jurisdiction / Defendant Yum! Brands, Inc.'s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2) by Yum! Brands, Inc.. (Layden, David) |
|
Filing 74
NOTICE AND ORDER. Due the filing of the #73 Second Amended Complaint, all pending motions are terminated as moot. Additionally, Yum! Brands, Inc. and Taco Bell Franchisor, LLC are to file answer or responsive pleading to Second Amended Complaint on or before February 3, 2022. Signed by Judge Stephen P. McGlynn on 1/4/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 73 AMENDED COMPLAINT (Second Amended) against Taco Bell Franchisor, LLC, Yum! Brands, Inc., filed by Kimberly Coons.(Lange, Nicholas) |
|
Filing 72
NOTICE AND ORDER: The Court is in receipt of #71 MOTION for Leave to Take Jurisdictional Discovery and to Extend the Filing of an Amended Complaint. Any response/objection due by 1/4/2022. Signed by Judge Stephen P. McGlynn on 12/22/2021. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 12/28/2021 (jce).
|
| Filing 71 MOTION for Leave to Take Jurisdictional Discovery and to Extend the Filing of an Amended Complaint by Kimberly Coons. (Lange, Nicholas) |
|
Filing 70
ORDER regarding #61 Notice of Voluntary Dismissal filed by Kimberly Coons. Plaintiff is ORDERED to file Second Amended Complaint by January 4, 2022. Clerk is directed to Strike docket text entry at 63 as this Order revises and clarifies issues. All pending motion held in abeyance pending filing of Second Amended Complaint. Signed by Judge Stephen P. McGlynn on 11/30/2021. (jce)
|
| Filing 69 Minute Entry for proceedings held before Judge Stephen P. McGlynn: Motion Hearing held by Zoom video conference on 11/29/2021 re Defendant's Motion to Dismiss #49 . Gary Graifman and Nicholas Lange appear on behalf of Plaintiff. David Layden appears on behalf of Defendants. Motion taken under advisement. (Court Reporter Hannah Jagler.) (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 68 NOTICE of Hearing on Motion #49 MOTION to Dismiss: Zoom Motion Hearing set for 11/29/2021 at 10:30 AM before Judge Stephen P. McGlynn. Parties will receive a Zoom invitation via e-mail.(jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
|
Filing 67
ORDER denying #66 Motion for Leave to File. Pursuant to Local Rule 7.1(c), "Under no circumstances will sur-reply briefs be accepted." (SDIL-LR 7.1(c)). Signed by Judge Stephen P. McGlynn on 11/12/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 66 MOTION for Leave to File Sur-Reply by Kimberly Coons. (Attachments: #1 Exhibit Exhibit A)(Lange, Nicholas) |
|
Filing 65
ORDER: Pursuant to Doc. #61 , Bell American Group, LLC. was dismissed via 63 Notice and Order on 9/21/2021. In light of the foregoing, #47 MOTION to Compel and #50 MOTION to Dismiss, both of which were filed by Bell American Group, LLC, are terminated as MOOT. Signed by Judge Stephen P. McGlynn on 10/27/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 64 REPLY to Response to Motion re #49 MOTION to Dismiss Pursuant To Fed. R. Civ. P. 12(b)(2); Pursuant To Fed. R. Civ. P. 12(b)(3), Or, In The Alternative, To Stay; And Pursuant To Fed. R. Civ. P. 12(b)(6) // Reply in Support of (1) Defendant Yum! Brands, Inc.s Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(2); (2) Defendants Yum! Brands, Inc.s and Taco Bell Franchisor, LLCs Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(3), or, in the Alternative, to Stay; and (3) Defendants Yum! Brands, Inc.s and Taco Bell Franchisor, LLCs Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Layden, David) |
|
Filing 63
STRICKEN. NOTICE AND ORDER: Plaintiff has filed a Notice of Dismissal (Doc. #61 ) indicating Plaintiffs cause of action against Bell American Group, LLC shall be dismissed with prejudice. 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). While the Court acknowledges the plain reading of the rule, it finds that dismissing this one defendant, rather than ordering amendment of the complaint, is in the interest of judicial economy. Under these circumstances, the Court finds that dismissal pursuant to Rule 41(a)(2) is appropriate. See Quad/Graphics, Inc. v. Fass, 724 F.2d 1230, 1233 (7th Cir. 1983) (In the context of a partial settlement, Rule 41(a)(2) is usually the mechanism by which the settling defendants are eliminated from the case.) Plaintiffs claims against Bell American Group, LLC are hereby DISMISSED with prejudice. The Clerk of Court is DIRECTED to terminate Bell American Group, LLC as a party and to enter judgment accordingly at the close of the case. Signed by Judge Stephen P. McGlynn on 9/21/2021. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 12/1/2021 (clt).
|
| Filing 62 MEMORANDUM in Opposition re #49 MOTION to Dismiss Pursuant To Fed. R. Civ. P. 12(b)(2); Pursuant To Fed. R. Civ. P. 12(b)(3), Or, In The Alternative, To Stay; And Pursuant To Fed. R. Civ. P. 12(b)(6) filed by Kimberly Coons. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Part 1 of 2, #5 Exhibit D - Part 2 of 2)(Lange, Nicholas) |
| Filing 61 NOTICE of Voluntary Dismissal by Kimberly Coons (Lange, Nicholas) |
|
Filing 60
ORDER granting #59 Motion to Appear Pro Hac Vice by Attorney Gary S Graifman on behalf of Kimberly Coons. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 59 MOTION to Appear Pro Hac Vice by Attorney Gary S Graifman $200 fee paid,receipt number AILSDC-4566029 by on behalf of Kimberly Coons. (Graifman, Gary) |
| Filing 58 NOTICE of Appearance by Katrina Carroll on behalf of Kimberly Coons (Carroll, Katrina) |
|
Filing 57
NOTICE AND ORDER: By Order #43 , plaintiffs were granted until September 20, 2021 to file response to any responsive motions filed by defense counsel. As such, the response to the Motion to Compel #47 is due on or before September 20, 2021, not August 12, 2021, as previously set forth in Notice and Order 53 . Signed by Judge Stephen P. McGlynn on 8/26/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 56 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #55 Notice (Other) filed by Bell American Group, LLC. Login used andsignature do not match. Filer will re-file documents. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 55 STRICKEN. NOTICE by Bell American Group, LLC DEFENDANT BELL AMERICAN GROUP LLCS STATEMENT NOTIFYING THE COURT OF PLAINTIFFS FAILURE TO TIMELY RESPOND TO DEFENDANTS MOTION TO COMPEL ARBITRATION (Cohen, Calvin) Modified on 8/26/2021 (clt). |
| Filing 54 NOTICE of Appearance by Calvin W. Cohen on behalf of Bell American Group, LLC (Cohen, Calvin) |
|
Filing 53
NOTICE AND ORDER. The Court is in receipt of Motion to Compel Arbitration and Supporting Memorandum of Law (Docs. 47 & 48). Plaintiff is Ordered to respond to this Motion within 21 days, or by August 12, 2021. This Court is also in receipt of Motions to Dismiss and Supporting Memorandums of Law (Docs. 49 - 52). Although the Court generated a response date of 8/20/2021, the parties had previously stipulated on June 30, 2021 via Doc. #43 to a response date of September 20. 2021 and that date controls. (Action due by 8/12/2021.) Signed by Judge Stephen P. McGlynn on 7/22/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Set/Reset Deadlines as to #47 MOTION to Compel DEFENDANT BELL AMERICAN GROUP, LLCS MOTION TO COMPEL ARBITRATION. Responses due by 8/12/2021 (clt) |
| Set/Reset Deadlines as to #49 MOTION to Dismiss Pursuant To Fed. R. Civ. P. 12(b)(2); Pursuant To Fed. R. Civ. P. 12(b)(3), Or, In The Alternative, To Stay; And Pursuant To Fed. R. Civ. P. 12(b)(6), #50 MOTION to Dismiss DEFENDANT BELL AMERICAN GROUP, LLCS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE, TO STAY CASE. Responses due by 9/20/2021 (clt) |
| Filing 52 MEMORANDUM in Support re #49 MOTION to Dismiss Pursuant To Fed. R. Civ. P. 12(b)(2); Pursuant To Fed. R. Civ. P. 12(b)(3), Or, In The Alternative, To Stay; And Pursuant To Fed. R. Civ. P. 12(b)(6) filed by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Layden, David) |
| Filing 51 MEMORANDUM in Support re #50 MOTION to Dismiss DEFENDANT BELL AMERICAN GROUP, LLCS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE, TO STAY CASE DEFENDANT BELL AMERICAN GROUP, LLCS MEMORANDUM IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE, TO STAY CASE filed by Bell American Group, LLC. (Bali, Sunita) |
| Filing 50 MOTION to Dismiss DEFENDANT BELL AMERICAN GROUP, LLCS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT, OR IN THE ALTERNATIVE, TO STAY CASE by Bell American Group, LLC. Responses due by 8/23/2021 (Bali, Sunita) |
| Filing 49 MOTION to Dismiss Pursuant To Fed. R. Civ. P. 12(b)(2); Pursuant To Fed. R. Civ. P. 12(b)(3), Or, In The Alternative, To Stay; And Pursuant To Fed. R. Civ. P. 12(b)(6) by Taco Bell Franchisor, LLC, Yum! Brands, Inc.. Responses due by 8/23/2021 (Layden, David) |
| Filing 48 MEMORANDUM in Support re #47 MOTION to Compel DEFENDANT BELL AMERICAN GROUP, LLCS MOTION TO COMPEL ARBITRATION MEMORANDUM IN SUPPORT OF DEFENDANT BELL AMERICAN GROUP, LLCS MOTION TO COMPEL ARBITRATION filed by Bell American Group, LLC. (Attachments: #1 Exhibit Exhibit 1-Declaration of Mary Ruhl, #2 Exhibit Exhibit A to Declaration of Mary Ruhl, #3 Exhibit Exhibit B to Declaration of Mary Ruhl, #4 Exhibit Exhibit C to Declaration of Mary Ruhl)(Bali, Sunita) |
| Filing 47 MOTION to Compel DEFENDANT BELL AMERICAN GROUP, LLCS MOTION TO COMPEL ARBITRATION by Bell American Group, LLC. (Bali, Sunita) |
| Filing 46 NOTICE of Appearance by Debra R. Bernard on behalf of Bell American Group, LLC (Bernard, Debra) |
|
Filing 45
ORDER granting #44 Motion to Appear Pro Hac Vice by Attorney Bali on behalf of defendant Bell American Group, LLC. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 44 MOTION to Appear Pro Hac Vice by Attorney Sunita Bali $200 fee paid,receipt number 0754-4517468 by on behalf of Bell American Group, LLC. (Bali, Sunita) |
|
Filing 43
ORDER: By agreement, answer or responsive pleading date is extended to July 20, 2021; plaintiff's response deadline is September 20, 2021; and, reply deadline is October 30, 2021. (Action due by 7/20/2021.)Signed by Judge Stephen P. McGlynn on 6/30/2021. (jce)
|
| Filing 42 STIPULATION TO EXTEND TIME FOR ALL DEFENDANTS TO ANSWER OR OTHERWISE RESPOND by Bell American Group, LLC. (Attachments: #1 Proposed Order)(Tsuji, Lauren) |
|
Filing 41
ORDER granting #40 Motion to Appear Pro Hac Vice by Attorney Lauren Jeffers Tsuji on behalf of Bell American Group, LLC. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 40 MOTION to Appear Pro Hac Vice by Attorney Lauren Jeffers Tsuji $200 fee paid,receipt number 0754-4514224 by on behalf of Bell American Group, LLC. (Tsuji, Lauren) |
|
Filing 39
ORDER: Per Stipulation, TBF and Yum, are to file answer or responsive pleading to amended complaint on or before June 10, 2021. If a motion to dismiss is filed, plaintiff shall have until July 12, 2021 to file response and TBF and/or Yum shall have until August 2, 2021 to file a reply, if any. Signed by Judge Stephen P. McGlynn on 5/26/2021. (jce)
|
|
Filing 38
NOTICE AND ORDER: In accordance with stipulation filed at Doc. #37 , Bell American Group LLC's Response date is extended from May 20, 2021 to June 10, 2021. Signed by Judge Stephen P. McGlynn on 5/19/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 37 STIPULATION re #30 Amended Complaint regarding Extension of Time for Defendant to Respond by Kimberly Coons. (Lange, Nicholas) |
| Filing 36 SUMMONS Returned Executed by Kimberly Coons. Taco Bell Franchisor, LLC served on 4/29/2021, answer due 5/20/2021. (Lange, Nicholas) |
| Filing 35 SUMMONS Returned Executed by Kimberly Coons. Bell American Group, LLC served on 4/29/2021, answer due 5/20/2021. (Lange, Nicholas) |
| Filing 34 NOTICE OF MODIFICATION re #30 Amended Complaint filed by Kimberly Coons. New defendants should have been added at the time of filing the Amended Complaint. Defendants Taco Bell Franchisor, LLC and Bell American Group, LLC have been added by the Clerk's Office. No further action required by the filer. Notice sent for informational purposes for future filings. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 33 Summons Issued as to Bell American Group, LLC, Taco Bell Franchisor, LLC. Originals mailed to requesting party. (clt) |
| Filing 32 Summons Requested. (Lange, Nicholas) |
| Filing 31 Summons Requested. (Lange, Nicholas) |
| Filing 30 AMENDED COMPLAINT against Yum! Brands, Inc., Taco Bell Franchisor, LLC and Bell American Group, LLC filed by Kimberly Coons.(Lange, Nicholas) Modified on 4/29/2021 (clt). |
|
Filing 29
ORDER: In accordance with Doc. #28 Stipulation, plaintiff is granted leave to file Amended Complaint on or before April 28, 2021. Responsive pleading to Amended Complaint is due on or before May 28, 2021. If Motion to Dismiss is filed, plaintiff shall have up to June 28, 2021 to file a Response to Motion to Dismiss, and any Reply shall be due on or before July 19, 2021. Motion to Dismiss at Doc. #21 is terminated as moot. Signed by Judge Stephen P. McGlynn on 4/6/2021. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 28 STIPULATION Extending Time to File Amended Complaint and Setting Answering and Briefing Schedule by Kimberly Coons. (Lange, Nicholas) |
| Set: Amended Pleading due by 4/28/2021. (jce) |
|
Filing 27
ORDER granting #26 Motion to Appear Pro Hac Vice by Attorney David C. Layden on behalf of Yum! Brands, Inc.(clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 26 MOTION to Appear Pro Hac Vice by Attorney David C. Layden $200 fee paid,receipt number 0754-4432323 by on behalf of Yum! Brands, Inc.. (Layden, David) |
|
Filing 25
ORDER granting #24 Motion to Appear Pro Hac Vice by Attorney Elena M. Olivieri on behalf of Yum! Brands, Inc. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 24 MOTION to Appear Pro Hac Vice on behalf of Yum! Brands, Inc. by Attorney Elena M. Olivieri $200 fee paid,receipt number 0754-4431661 by on behalf of Yum! Brands, Inc.. (Olivieri, Elena) |
|
Filing 23
ORDER granting #19 Motion to Appear Pro Hac Vice by Attorney Daniel J. Weiss on behalf of Yum! Brands, Inc. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 22 MEMORANDUM in Support re #21 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction /Defendant Yum! Brands, Inc. Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6) filed by Yum! Brands, Inc.. (Attachments: #1 Exhibit A)(Bricker, Ross) |
| Filing 21 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction /Defendant Yum! Brands, Inc. Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(2) and 12(b)(6) by Yum! Brands, Inc.. Responses due by 4/19/2021 (Bricker, Ross) |
| Filing 20 Corporate Disclosure Statement by Yum! Brands, Inc. identifying Other Affiliate T. Rowe Price Group, Inc. for Yum! Brands, Inc.. (Bricker, Ross) |
| Filing 19 MOTION to Appear Pro Hac Vice on behalf of Defendant Yum! Brands, Inc. by Attorney Daniel J. Weiss $200 fee paid,receipt number 0754-4431327 by on behalf of Yum! Brands, Inc.. (Weiss, Daniel) |
|
Filing 18
ORDER granting #16 Attorney Ross B. Bricker's Motion to Appear Pro Hac Vice on behalf of Yum! Brands, Inc. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 17
ORDER granting #14 Motion for Extension of Time to File Response/Reply. Defendant granted up to and including March 17, 2021 to file responsive pleading to Complaint #1 . Signed by Judge Stephen P. McGlynn on 2/16/2021. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 16 MOTION to Appear Pro Hac Vice by Attorney Ross B. Bricker $200 fee paid,receipt number 0754-4402594 by on behalf of Yum! Brands, Inc.. (Bricker, Ross) |
| Filing 15 NOTICE OF ACTION re #13 Notice of Appearance filed by Yum! Brands, Inc. Court Records indicate that Attorney Ross Bricker is not admitted to practice in the Southern District of Illinois; Attorney Bricker needs to file a Motion to Appear Pro Hac Vice to enter his appearance. Documentation and instructions for filing a Motion to Appear Pro Hac Vice can be found at the courts website at www.ilsd.uscourts.gov under Rules & Forms.. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Yum! Brands, Inc.. (Bricker, Ross) |
| Filing 13 NOTICE of Appearance by Ross B. Bricker on behalf of Yum! Brands, Inc. (Bricker, Ross) |
| Filing 12 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 Stephen P. McGlynn for further proceedings. Magistrate Judge Gilbert C. Sison no longer assigned to the case. All future documents must bear case number 3:21-cv-00045-SPM. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 10 Notice of Case Assignment/Reassignment,. Clerks Office selected incorrect event.(clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 10 STRICKEN. NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Lange, Nicholas) |
| Filing 8 SUMMONS Returned Executed by Kimberly Coons. Yum! Brands, Inc. served on 1/25/2021, answer due 2/16/2021. (Lange, Nicholas) |
| Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #6 Return of Service Executed filed by Kimberly Coons. Incorrect event selected. E-filer is instructed to re-file using Civil>Service of Process> Summons Returned Executed in order to properly trigger the answer due deadline.(clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 STRICKEN. RETURN OF SERVICE EXECUTED by Kimberly Coons on 1/25/2021. (Lange, Nicholas) |
| Filing 5 Summons Issued as to Yum! Brands, Inc. Original mailed to Attorney Nicholas R. Lange. (tba) |
| Filing 4 NOTICE of Appearance by Nicholas R. Lange on behalf of Kimberly Coons (Lange, Nicholas) |
| Filing 3 NOTICE OF ACTION re #1 Complaint filed by Kimberly Coons.. 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 Lange does not have a Notice of Appearance on file in this case. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison 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: Kimberly Coons. 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 21-45-GCS. Consent due by 2/4/2021 (kdw) |
| Filing 1 COMPLAINT against Yum! Brands, Inc. ( Filing fee $ 402 receipt number 0754-4377560.), filed by Kimberly Coons. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Lange, Nicholas) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
