Walsh v. A.F. Risavy, Inc.
| Caitlin Walsh |
| A.F. Risavy, Inc. |
| 3:2024cv01059 |
| April 8, 2024 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Civil Rights: Americans with Disabilities - Other |
| Plaintiff |
Docket Report
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| Filing 26 Letter to Attorneys of Record regarding transfer of case to Southern District of Illinois (clw) |
| Filing 25 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Orders 347 and 367. 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 Nos. 347 and 367, 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: A.F. Risavy, Inc., Caitlin Walsh. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/sites/ilsd/files/BenefitsofConsent.pdf. All future documents must bear case number 24-CV-1059-MAB. Consent due by 4/29/2024 (clw) |
| Filing 24 Case transferred in from District of Illinois Northern; Case Number 3:23-cv-50409. Original file certified copy of transfer order and docket sheet received. |
| Filing 23 TRANSFERRED to the Southern District of Illinois the electronic record. (jp, ) [Transferred from Illinois Northern on 4/8/2024.] |
Filing 22
ORDER: For the reasons stated below, defendant's motion #13 is granted as to finding that venue is improper in this judicial district but denied as to the requested relief of dismissal. This case is transferred forthwith to the United States District Court for the Southern District of Illinois pursuant 28 U.S.C. 1406(a). [See STATEMENT-OPINION] Signed by the Honorable Philip G. Reinhard on 4/8/2024. Mailed notice. (rsj) [Transferred from Illinois Northern on 4/8/2024.]
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| Filing 21 REPLY by Defendant A.F. Risavy, Inc. to motion to dismiss/lack of jurisdiction #13 (Moeller, Daniel) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 20 ATTORNEY Appearance for Defendant A.F. Risavy, Inc. by Daniel L Moeller (Moeller, Daniel) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 19 MEMORANDUM by Caitlin Walsh in Opposition to motion to dismiss/lack of jurisdiction #13 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Saks, Yaakov) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 18 ATTORNEY Appearance for Defendant A.F. Risavy, Inc. by Krysta Kaye Gumbiner (Gumbiner, Krysta) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by A.F. Risavy, Inc. (Short, Darren) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 16 MINUTE entry before the Honorable Margaret J. Schneider: As to Defendant's Motion to Dismiss for Improper Venue #13 , Plaintiff has until 01/26/24 to respond. Defendant has until 02/09/24 to reply.Mailed notice. (jxk) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 15 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 14 Western Division ADR Notification (jp, ) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 13 MOTION by Defendant A.F. Risavy, Inc. to dismiss for lack of jurisdiction and/or improper venue Presented before Magistrate Judge (Attachments: #1 Exhibit Affidavit)(Short, Darren) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 12 ATTORNEY Appearance for Defendant A.F. Risavy, Inc. by Darren Keith Short (Short, Darren) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 11 MINUTE entry before the Honorable Margaret J. Schneider: Attorney D. Keith Short's Motion for Leave to Appear Pro Hac Vice on behalf of Defendant #10 , is granted. Attorney Short is directed to file his appearance on behalf of Defendant by 12/29/23.Mailed notice. (jxk) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21450301. Presented before Magistrate Judge (Short, Darren) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 9 WAIVER OF SERVICE returned executed by Caitlin Walsh. A.F. Risavy, Inc. waiver sent on 11/1/2023, answer due 1/1/2024. (Saks, Yaakov) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 8 INTRA district transfer from the Eastern Division 23cv14381. (jp, ) [Transferred from Illinois Northern on 4/8/2024.] |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (jp, ) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 7 DIVISIONAL TRANSFER Notice. Case transferred to Western Division - Rockford. Pursuant to transfer order: #6 . (axk, ) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: Given the facts pointed out in R. 5, and in the absence of a response from the Plaintiff, the Court orders that this case be transferred to the Western Division of this District. The tracking status hearings of 11/10/2023 and 12/01/2023 for Judge Chang are vacated. Emailed notice (mw, ) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: On review of the complaint, it appears that the Plaintiff is a resident of Winnebago County, R. 1, para. 13, and it also appears that she attempted to access the website at issue from there. The case likely should have been assigned to the Western Division of this District. On or before 10/25/2023, the Plaintiff may (but need not) file a position statement on whether the case should be transferred to the Western Division. To track the case only (no appearance is required, the case will not be called), a tracking status hearing is set for 11/10/2023 at 8:30 a.m. Emailed notice (mw, ) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 4 SUMMONS Returned Executed by Caitlin Walsh as to A.F. Risavy, Inc. on 10/8/2023, answer due 10/30/2023. (Saks, Yaakov) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 3 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 12/01/2023 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 11/22/2023. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If Defendant has not been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) [Transferred from Illinois Northern on 4/8/2024.] |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 1). (axk, ) [Transferred from Illinois Northern on 4/8/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (axk, ) [Transferred from Illinois Northern on 4/8/2024.] |
| SUMMONS Issued as to Defendant A.F. Risavy, Inc. (jxm, ) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 2 ATTORNEY Appearance for Plaintiff Caitlin Walsh by Yaakov Saks (Saks, Yaakov) [Transferred from Illinois Northern on 4/8/2024.] |
| Filing 1 COMPLAINT filed by Caitlin Walsh; Jury Demand. Filing fee $ 402, receipt number AILNDC-21175002. (Attachments: #1 Civil Cover Sheet)(Saks, Yaakov) [Transferred from Illinois Northern on 4/8/2024.] |
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| Petitioner: Caitlin Walsh | |
| Represented By: | Yaakov Saks |
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| Respondent: A.F. Risavy, Inc. | |
| Represented By: | Darren Keith Short |
| Represented By: | Krysta Kaye Gumbiner |
| Represented By: | Daniel L Moeller |
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