Thompson v. OBrien Tire and Service Inc.
| Larry Thompson |
| OBrien Tire and Service Inc. |
| 3:2023cv03533 |
| October 30, 2023 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Civil Rights: Jobs |
| 29 U.S.C. ยง 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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Filing 14
ORDER: Defendant O'Brien Tire and Service, Inc., has filed a #10 Motion to Dismiss for Failure to State a Claim. Defendant argues that the Complaint filed by Plaintiff Larry Thompson fails to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). The Court has reviewed the motion. Without expressing any view as to its merits, the Court affords Plaintiff an opportunity to cure the purported pleading defects by filing an amended complaint in accordance with Rule 15(a)(1)(B). An amended complaint must plead specific factual allegations that, if true, would "plausibly give rise to an entitlement to relief." Ashcroft v. Iqbal, 556 U.S. 662, 680 (2009). If Plaintiff timely files an amended complaint, the Court will deny the motion to dismiss as moot. If Plaintiff chooses not to file an amended complaint, Plaintiff must file a response to the motion to dismiss, and the Court will consider the motion. Either an amended complaint or a response to the motion to dismiss must be filed by December 29, 2023. (Amended Pleading or Response to Motion to Dismiss due by 12/29/2023.) Signed by Chief Judge Nancy J. Rosenstengel on 11/29/2023. (mlp) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 13 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order Nos. 347 and 367, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Chief Judge Nancy J. Rosenstengel for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 23-3533-NJR. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 NOTICE of Appearance by Mohammed O. Badwan on behalf of Larry Thompson (Badwan, Mohammed) |
| Filing 11 NOTICE of Appearance by Michael C. Hobin on behalf of OBrien Tire and Service Inc. (Hobin, Michael) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim by OBrien Tire and Service Inc.. (Attachments: #1 Exhibit Affidavit)(Hobin, Michael) |
| Filing 9 NOTICE OF ACTION re #8 Consent/Non-Consent to US Magistrate Judge. See Local Rule 83.1(g). In all cases filed in, removed, or transferred into this Court, the attorney filing the initiating document need not file a separate entry of appearance. Once the initiating document is filed, any attorney other than the one who filed the initiating document must file a separate entry of appearance before filing a document or appearing before the Court. Attorney Mohammed Badwan does not have a Notice of Appearance on file in this case. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Badwan, Mohammed) |
| Filing 7 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #6 Consent/Non-Consent to US Magistrate Judge. Login information used and signature on document do not match. Document shall be re-filed using the appropriate credentials. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 6 ENTRY STRICKEN - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Lampert, Travis) Modified on 11/22/2023 (tkm). |
| Filing 5 SUMMONS Returned Executed by Larry Thompson. OBrien Tire and Service Inc. served on 11/8/2023, answer due 11/29/2023. (Lampert, Travis) |
| Filing 4 Summons Issued as to OBrien Tire and Service Inc. Original summons mailed to attorney Travis Lampert. (tkm) |
| Filing 3 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 347. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this 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. 347, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent 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: Larry Thompson. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 23-3533-RJD. Consent due by 11/21/2023 (tkm) |
| Filing 2 NOTICE of Appearance by Travis Phillip Lampert on behalf of Larry Thompson (Lampert, Travis) |
| Filing 1 COMPLAINT against OBrien Tire and Service Inc. ( Filing fee $ 402 receipt number AILSDC-5221469.), filed by Larry Thompson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Summons)(Lampert, Travis) |
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| Plaintiff: Larry Thompson | |
| Represented By: | Travis Phillip Lampert |
| Represented By: | Mohammed O. Badwan |
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| Defendant: OBrien Tire and Service Inc. | |
| Represented By: | Michael C. Hobin |
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