Hopkins v. Dell Technologies, Inc.
Plaintiff: Sandra Hopkins
Defendant: Dell Technologies, Inc.
Case Number: 3:2022cv02464
Filed: October 23, 2022
Court: US District Court for the Southern District of Illinois
Presiding Judge: David W Dugan
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 2, 2023 Opinion or Order Filing 32 ORDER STAYING CASE, granting #20 Motion to Compel Arbitration. For the reasons stated in the attached Memorandum and Order, Defendant's Motion to Compel Arbitration (Doc. 20) is GRANTED. All proceedings in this case are STAYED. All pending motions are DENIED, as moot, and without prejudice, and all deadlines are TERMINATED. The parties are DIRECTED to file a status report advising the Court of the status of the arbitration proceeding on or before December 1, 2023, and every June and December thereafter until the arbitration is complete, and to file a final status report within 30 days of the completion of the arbitration. (Status Report due by 12/1/2023). Signed by Judge David W. Dugan on 6/2/2023. (arm)
May 26, 2023 Filing 31 Joint MOTION for Protective Order by Dell Technologies, Inc.. (Attachments: #1 Exhibit A)(Rodgers, Manasi)
May 26, 2023 Filing 30 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #28 Motion for Protective Order filed by Dell Technologies, Inc. Document stricken at request of the filer. Pursuant to phone conversation, filer is aware, for future reference, that proposed orders are not to be filed on the docket, rather should be sent by email to the assigned Judge. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 26, 2023 Filing 29 Joint MOTION for Discovery Provisions Regarding ESI by Dell Technologies, Inc.. (Attachments: #1 Exhibit Prop Joint Provisions Re Discovery of ESI)(Rodgers, Manasi)
May 26, 2023 Filing 28 STRICKEN - Joint MOTION for Protective Order by Dell Technologies, Inc.. (Attachments: #1 Exhibit Prop Joint Confidentiality and Protective Order)(Rodgers, Manasi) Modified on 5/26/2023 (kek).
April 18, 2023 Filing 27 NOTICE of Change of Address by Sinead O'Carroll (O'Carroll, Sinead)
April 10, 2023 Filing 26 REPLY to Response to Motion re #20 MOTION to Compel Arbitration filed by Dell Technologies, Inc.. (O'Carroll, Sinead)
March 28, 2023 Filing 25 MEMORANDUM in Opposition re #20 MOTION to Compel Arbitration filed by Sandra Hopkins. (Sheehan, Spencer)
March 27, 2023 Opinion or Order Filing 24 SCHEDULING AND DISCOVERY ORDER: Motion for Class Certification due on or before 5/17/2024. Signed by Judge David W. Dugan on 3/27/2023. (Attachments: #1 JROP)(dmw2)
March 27, 2023 Opinion or Order Filing 23 ORDER. The Court adopts the Joint Report of the Parties, as modified. Accordingly, the Scheduling Conference set for 3/30/2023 is CANCELLED. Should the parties seek to amend the trial date, a written motion will be required.. Signed by Judge David W. Dugan on 3/27/2023. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 20, 2023 Opinion or Order Filing 22 ORDER denying #21 Motion to Continue Scheduling Conference and Related Deadlines. On October 23, 2022, Plaintiff filed this putative class action against Defendant Dell Technologies, Inc. related to Defendant's manufacturing and marketing of its Inspiron 15 3000 Series laptop computers using Defendant's lithium-ion batteries (Doc. 1). Defendant has since filed a Motion to Compel Arbitration (Doc. 20), however briefing has not yet been completed. This matter is also set for a scheduling conference on March 30, 2023, and the parties' joint report is due by March 23, 2023 (Doc. 15). However, by Motion dated March 16, 2023, Defendant, with Plaintiff's consent seeks to continue the scheduling conference and deadline for submitting the parties' joint report until after resolution of its Motion to Compel Arbitration. Defendant submits that doing so would promote the most efficient use of the Court's and the parties' resources, especially in the event the Court grants Defendant's Motion to Compel. While the Court acknowledges the potential difficulties posed by the procedural posture of this case, Fed. R. Civ. P. 16(b) specifically requires district judges to issue a scheduling order "as soon as practicable within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared" unless the Court finds good cause for delay. Defendant executed a waiver of service on December 27, 2022 (Doc. 5), and entered its appearance on February 22, 2023 (Doc. 8). Thus, pursuant to Rule 16, the scheduling order in this case must issue by March 27, 2023, which is the earlier of the two deadlines in Rule 16(b)(2), unless the Court finds good cause for the delay. Under the present circumstances, the Court finds that the necessity of having a scheduling order entered promptly in this case outweigh the potential burdens to the parties here. Accordingly, Defendant's request to continue the scheduling conference and related deadlines is DENIED. The parties may, however, seek appropriate relief from the Court should any scheduling or discovery deadlines require revision because of Defendant's pending Motion to Compel. Signed by Judge David W. Dugan on 3/20/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 16, 2023 Filing 21 MOTION to Continue Scheduling Conference and Related Deadlines by Dell Technologies, Inc.. (O'Carroll, Sinead)
February 27, 2023 Filing 20 MOTION to Compel Arbitration by Dell Technologies, Inc.. (Attachments: #1 Declaration of Elizabeth Tetmeyer, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(O'Carroll, Sinead)
February 24, 2023 Opinion or Order Filing 19 ORDER granting #17 Motion to Appear Pro Hac Vice by Attorney Rodgers for Defendant, Dell Technologies, Inc. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 24, 2023 Opinion or Order Filing 18 ORDER granting #16 Motion to Appear Pro Hac Vice by Attorney O'Carroll on behalf of Defendant, Dell Technologies, Inc. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 24, 2023 Filing 17 MOTION to Appear Pro Hac Vice by Attorney Manasi Rodgers $200 fee paid,receipt number AILSDC-5010942 by on behalf of Dell Technologies, Inc.. (Rodgers, Manasi)
February 24, 2023 Filing 16 MOTION to Appear Pro Hac Vice by Attorney Sinead O'Carroll $200 fee paid,receipt number AILSDC-5010918 by on behalf of Dell Technologies, Inc.. (O'Carroll, Sinead)
February 24, 2023 Opinion or Order Filing 15 ORDER. Scheduling Conference set for 3/30/2023 at 3:30 PM via Zoom video conference before Judge David W. Dugan. The parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 3/23/2023 and shall be submitted via email to DWDpd@ilsd.uscourts.gov. The Parties are instructed to use the correct form for the Joint Report of the Parties which can be found attached to this Order. Signed by Judge David W. Dugan on 2/24/2023. (Attachments: #1 JROP)(dmw2)
February 24, 2023 Filing 14 CJRA TRACK D assigned: Final Pretrial Conference set for 2/13/2025 at 10:00 AM and Jury Trial set for 2/24/2025 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 2/24/2023. (dmw2)
February 23, 2023 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time. On October 23, 2022, Plaintiff filed this putative class action against Defendant Dell Technologies, Inc. related to Defendant's manufacturing and marketing of its Inspiron 15 3000 Series laptop computers using Defendant's lithium-ion batteries (Doc. 1). Defendant executed a waiver of service (Doc. 5) and its answer is currently due on February 27, 2023. By Motion dated February 23, 2023, Defendant, with Plaintiff's consent, asks the Court to extend or stay its current answer deadline pending the resolution of a forthcoming motion to compel arbitration it intends to file. The parties represent that a stay of Defendant's answer deadline would promote the most efficient use of the Court's resources. For good cause shown, Defendant's Motion (Doc. 12) is GRANTED. Defendant shall file its answer or otherwise respond to Plaintiff's Complaint 14 days after the Court enters an order disposing of its motion to compel arbitration. The Court further SETS the following briefing schedule: Defendant shall file its motion to compel arbitration by February 27, 2023. Plaintiff shall respond to the motion by March 27, 2023. Reply briefs, if appropriate under Local Rule 7.1, shall be filed by April 10, 2023. Signed by Judge David W. Dugan on 2/23/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 23, 2023 Filing 12 MOTION for Extension of Time to File Answer Defendant's Motion for Additional Time to File Responsive Pleadings by Dell Technologies, Inc.. (Boggs, Beth)
February 23, 2023 Filing 11 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #10 Motion for Extension of Time to File Answer filed by Dell Technologies, Inc. Login used and signature do not match. Filer will re-file documents. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 23, 2023 Filing 10 STRICKEN - MOTION for Extension of Time to File Answer Defendant's Motion for Additional Time to File Responsive Pleadings by Dell Technologies, Inc.. (Boggs, Beth) Modified on 2/24/2023 (clw).
February 22, 2023 Filing 9 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Dell Technologies, Inc. identifying Corporate Parent Dell Technologies, Inc. for Dell Technologies, Inc.. (Boggs, Beth)
February 22, 2023 Filing 8 NOTICE of Appearance by Beth C. Boggs on behalf of Dell Technologies, Inc. (Boggs, Beth)
February 14, 2023 Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #6 Stipulation Proposed Order filed by Dell Technologies, Inc.. Login used and signature do not match. Additionally, Orders should not be filed, but instead emailed directly to the Judge at DWDpd@ilsd.uscourts.gov. (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 13, 2023 Filing 6 STRICKEN - STIPULATION Joint Stipulation and Proposed Order by Dell Technologies, Inc.. (Boggs, Beth) Modified on 2/14/2023 (clw).
December 29, 2022 Filing 5 WAIVER OF SERVICE Returned Executed by Sandra Hopkins. Dell Technologies, Inc. waiver sent on 12/27/2022, answer due 2/27/2023. (Sheehan, Spencer)
October 24, 2022 Filing 4 Summons Issued as to Dell Technologies, Inc. Original mailed to Attorney Sheehan. (bmc)
October 24, 2022 Filing 3 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 22-2464-DWD. (bmc)
October 23, 2022 Filing 2 NOTICE of Appearance by Spencer I. Sheehan on behalf of Sandra Hopkins (Sheehan, Spencer)
October 23, 2022 Filing 1 COMPLAINT against Dell Technologies, Inc. ( Filing fee $ 402 receipt number AILSDC-4911945.), filed by Sandra Hopkins. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Sheehan, Spencer)

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Plaintiff: Sandra Hopkins
Represented By: Spencer I. Sheehan
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Defendant: Dell Technologies, Inc.
Represented By: Sinead O'Carroll
Represented By: Manasi Rodgers
Represented By: Beth C. Boggs
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