Maloney v. DoorDash, Inc. et al
| Pamela G Maloney |
| DoorDash, Inc. and William F Dettman, III |
| 2:2022cv00291 |
| October 5, 2022 |
| US District Court for the Northern District of Indiana |
| Joshua P Kolar |
| Theresa L Springmann |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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Filing 53
ORDER: The Court GRANTS #52 Motion to Withdraw. The appearance of Attorney Brandon S. Stein for Defendant William F. Dettman, III is WITHDRAWN. Approved by Magistrate Judge Joshua P Kolar on 1/20/2023. Text entry order. (tc)
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| Filing 52 MOTION to Withdraw as Attorney by Defendant William F Dettman, III. (Attachments: #1 Proposed Order)(Stein, Brandon) |
| Filing 51 NOTICE by William F Dettman, III Local Rule 6-1(B) Notice of Automatic Extension of Time (Stein, Brandon) |
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Filing 50
MINUTE ORDER: Counsel are again REMINDED that discovery documents, including responses to discovery and notices of service, should not be filed except in circumstances not applicable here. See N. D. Ind. L. R. 26-2(a). Accordingly, the Court STRIKES Plaintiff's Certificate of Service #48 and Response to Requests to Admit #49 . Approved by Magistrate Judge Joshua P Kolar on 12/29/2022. Text entry order. (tc)
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| Filing 49 STRICKEN RE 50 MINUTE ORDER: RESPONSE to Discovery Request from William F. Dettman, III by Pamela G Maloney.(Aberman PHV, Sheldon) Modified on 12/29/2022 (tc). |
| Filing 48 STRICKEN RE 50 MINUTE ORDER: CERTIFICATE OF SERVICE OF Plaintiffs Answers to Defendant, William F. Dettman, IIIs First Set of Interrogatories, Plaintiffs Responses to Defendant, William F. Dettman, IIIs First Set of Requests for Production of Documents and Plaintiffs Response to Defendant, William F. Dettman, IIIs First Set of Requests to Admit Facts. (Aberman PHV, Sheldon) Modified on 12/29/2022 (tc). |
| Filing 47 NOTICE OF REASSIGNMENT OF CASE TO MAGISTRATE JUDGE: The parties having consented pursuant to 28 U.S.C. Section 636(c), this case is referred to Magistrate Judge Joshua P Kolar for all purposes and is reassigned pursuant to General Order 2018-2 from Judge Theresa L Springmann to Magistrate Judge Joshua P Kolar. (shk) |
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Filing 46
ORDER granting #45 Application to Appear Pro Hac Vice of Attorney Sean Gordon PHV for William F Dettman, III. Signed by Magistrate Judge Joshua P Kolar on 12/2/2022. (ace)
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| Filing 45 Application for Attorney Sean A. Gordon to Appear Pro Hac Vice on behalf of William Dettman, III. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5093635(Gordon, Sean) |
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Filing 44
ORDER: The Court DENIES without prejudice as moot Defendant Dettman's Motionto Quash and to Dismiss for Lack of Personal Jurisdiction #17 . Signed by Judge Theresa L Springmann on 11/29/2022. (mrm)
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| Filing 43 PLAINTIFF'S RESPONSE TO DEFENDANT, WILLIAM F. DETTMAN, III'S AFFIRMATIVE DEFENSES by Pamela G Maloney . (Aberman PHV, Sheldon) |
| Filing 42 ANSWER to Complaint and Affirmative Defenses by William F Dettman, III.(Stein, Brandon) |
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Filing 41
MINUTE ORDER: Parties must not file discovery documents on the docket, including Rule 26(a)(1) disclosures, except in certain circumstances that do not apply here. See N. D. Ind. L. R. 26-2(a)(1)(A). Accordingly, the Court STRIKES Plaintiff's initial disclosures #39 . Approved by Magistrate Judge Joshua P Kolar on 11/17/2022. Text entry order. (tc)
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| Filing 40 TELEPHONIC RULE 16 PRELIMINARY PRETRIAL CONFERENCE held on 11/17/2022, before Magistrate Judge Joshua P Kolar. Pla appeared by atty Sheldon Aberman. Dfts appeared by attys Timothy Herman, Brandon Stein. The Report filed as DE #38 is ADOPTED as follows: Initial Disclosures to be exchanged by 1/10/2023. All discovery to be completed by 11/10/2023. Plaintiff expert witness disclosures and reports to be delivered to the defendant by 5/10/2023. Defendant expert witness disclosures and reports to be delivered to the plaintiff by 7/10/2023. Rule 26(e) supplements due by 9/10/2023. The last date for any party to seek leave of court to join additional parties and to amend the pleadings is 4/10/2023. Parties anticipate the case should be ready for a 4 day trial by January 10, 2024. All other agreements of the parties concerning discovery are adopted. Magistrate Consent forms due by 12/8/2022. All other dates/ddls to be set by presiding judge at a later time. (Tape #ATT HOST 4.) (tc) |
| Filing 39 STRICKEN RE 41 MINUTE ORDER: DISCLOSURE of Plaintiff's Rule 26(a)(1) Disclosures filed by Pamela G Maloney.(Aberman PHV, Sheldon) Modified on 11/17/2022 (tc). |
| Filing 38 REPORT of Rule 26(f) Planning Meeting. (Aberman PHV, Sheldon) |
| Filing 37 MAGISTRATE JUDGE CONSENT FORMS sent to all parties. (tc) |
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Filing 36
ORDER: Telephonic Rule 16 Preliminary Pretrial Conference set for 11/17/2022 11:00 AM (Central time) before Magistrate Judge Joshua P Kolar. Parties are instructed to dial 877-336-1280 and enter access code 3293676# when prompted to join the conference. A proposed Discovery Plan under Federal Rule of Civil Procedure 26(f) to be filed no later than five (5) business days prior to the pretrial conference. Signed by Magistrate Judge Joshua P Kolar on 10/20/2022. (tc)
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Filing 35
ORDER granting #33 Application to Appear Pro Hac Vice of Attorney Cary Jay Wintroub PHV for Pamela G Maloney. Signed by Magistrate Judge Joshua P Kolar on 10/20/2022. (ace)
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Filing 34
ORDER granting #32 Application to Appear Pro Hac Vice of Attorney Sheldon J Aberman PHV for Pamela G Maloney. Signed by Magistrate Judge Joshua P Kolar on 10/20/2022. (ace)
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| Filing 33 Application for Attorney Cary Jay Wintroub to Appear Pro Hac Vice on behalf of Pamela G. Maloney. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5053943 (Attachments: #1 Exhibit Certificate of Admission to Illinois Bar)(Wintroub, Cary) (Main Document 33 replaced on 10/19/2022 to include answer to discipline question) (ace). Modified on 10/19/2022 (ace). |
| Filing 32 Application for Attorney Sheldon Jay Aberman to Appear Pro Hac Vice on behalf of Pamela G. Maloney. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-5053852 (Attachments: #1 Exhibit Certificate of Admission to Illinois Bar)(Aberman, Sheldon) |
| Filing 31 ANSWER to Complaint by DoorDash, Inc..(Herman, Timothy) |
| Filing 30 NOTICE of Appearance by Timothy R Herman on behalf of DoorDash, Inc. (Herman, Timothy) |
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Filing 29
MINUTE ORDER: Each party and each attorney in this case shall take reasonable steps to preserve electronically stored information (ESI) that is relevant to any claim or defense in this case, whether or not the information is admissible at trial. This requirement relates back to the point in time when the party or attorney reasonably anticipated litigation about these matters. Text entry order. By Magistrate Judge Joshua P Kolar on 10/6/2022. cc: Wintroub, Aberman, Herman(tc)
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| Filing 27 Case transferred in from District of Illinois Northern; Case Number 1:22-cv-04562. Original file certified copy of transfer order and docket sheet received. |
| Filing 26 TRANSFERRED to the USDC for the Northern District of Indiana the electronic record. (exr, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 25 MINUTE entry before the Honorable Joan B. Gottschall: In accordance with the order entered 9/29/2022 and Local Rule 83.4, the clerk is directed to transfer this case forthwith to the United States District Court for the Northern District of Indiana. Mailed notice (mjc, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 24 MINUTE entry before the Honorable Joan B. Gottschall: In their joint status report #22 filed 9/28/2022, the parties advise that they "are in agreement that the entire matter should be transferred to the United States District Court for the Northern District of Indiana, and request that the Court enter an Order reflecting the same." Accordingly, the motion #15 of defendant DoorDash, Inc., to transfer venue is granted. This case is transferred under 28 U.S.C. 1404(a) to the United States District Court for the Northern District of Indiana. As the parties request, all outstanding dates and deadlines are stricken. Mailed notice (mjc, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 23 WAIVER OF SERVICE returned executed by William F Dettman, III. William F Dettman, III waiver sent on 9/22/2022, answer due 11/21/2022. (Stein, Brandon) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 22 STATUS Report by William F Dettman, III (Stein, Brandon) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 21 MINUTE entry before the Honorable Joan B. Gottschall: The motion of defendant William F. Dettman, III ("Dettman"), to stay discovery #19 pending a ruling on his motion to dismiss and quash service of process is granted, although the stay is unnecessary because the parties have not conducted an initial discovery planning conference. See Fed. R. Civ. P. 26(d)(1), 26(f). If defendants' joint motion #15 to transfer this case to the Northern District of Indiana is granted, defendant Dettman's personal jurisdiction arguments would likely be moot, though not his arguments about the sufficiency of service of process. Counsel are therefore directed to confer and advise the court whether they wish to brief both pending motions simultaneously or await a ruling on defendants' motion to transfer before briefing defendant Dettman's motion #17 to dismiss and quash service of process. A short status report responding to this minute order is due on or before 9/28/2022. Mailed notice (vcf, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall:The motion #15 of DoorDash, Inc., to transfer venue is briefed as follows: response due: 10/6/2022; reply due: 10/13/2022. The deadline of 10/7/2022 to file a joint initial status report is stricken. The court will rule by mail on the motion and set a further date, if necessary, when it rules.Mailed notice (mjc, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 19 MOTION by Defendant William F Dettman, III to stay Discovery (Stein, Brandon) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 18 MEMORANDUM by William F Dettman, III in support of motion to quash, motion to dismiss/lack of jurisdiction #17 (Attachments: #1 Exhibit A - Declaration of William F. Dettman III)(Stein, Brandon) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 17 MOTION by Defendant William F Dettman, III to quash , MOTION by Defendant William F Dettman, III to dismiss for lack of jurisdiction (Stein, Brandon) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 16 MEMORANDUM by DoorDash, Inc. in support of motion to transfer case #15 (Attachments: #1 Exhibit A)(Herman, Timothy) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 15 MOTION by Defendant DoorDash, Inc. to transfer case (Herman, Timothy) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 14 MINUTE entry before the Honorable Joan B. Gottschall: The unopposed motion #13 of defendant William F. Dettman, III, for an extension to and including 9/23/2022 of his deadline to answer or otherwise respond to the complaint is granted. Mailed notice (mjc, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 13 MOTION by Defendant William F Dettman, III for extension of time to File Responsive Pleading Unopposed (Stein, Brandon) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 12 ATTORNEY Appearance for Defendant William F Dettman, III by Brandon S. Stein (Stein, Brandon) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 11 MINUTE entry before the Honorable Joan B. Gottschall: The unopposed motion #6 of defendant Door Dash, Inc., for an extension to and including 9/23/2022 of its deadline to answer or otherwise respond to the complaint is granted. The parties are ordered to file a joint initial status report and, if appropriate, case management plan on or before 10/7/2022. In conformity with General Order 21-0027 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing and for requirements for status reports and discovery plans during the COVID-19 pandemic. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Mailed notice (mjc, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 10 ATTORNEY Appearance for Plaintiff Pamela G Maloney by Sheldon J. Aberman Appearance by Cary J. Wintroub (Aberman, Sheldon) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by DoorDash, Inc. (Herman, Timothy) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 8 ATTORNEY Appearance for Plaintiff Pamela G Maloney by Sheldon J. Aberman (Aberman, Sheldon) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 7 MINUTE entry before the Honorable Joan B. Gottschall: Counsel for defendant Door Dash, Inc., is advised that no further action may be taken until all notifications as to affiliates required by Local Rule 3.2 have been filed. All notifications as to affiliates required by Local Rule 3.2 must be filed on or before September 12, 2022. Mailed notice (mjc, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 6 MOTION by Defendant DoorDash, Inc. for extension of time to file answer to Complaint (Herman, Timothy) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by Defendant DoorDash, Inc. for disclosure (Herman, Timothy) (Docket text modified by Clerk's Office on 8/29/2022) (lxk, ). [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 4 MAILED Notice of Removal letter to counsel of record (exr, ) [Transferred from Illinois Northern on 10/5/2022.] |
| 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. (exr, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 3 ATTORNEY Appearance for Defendant DoorDash, Inc. by Timothy Robert Herman (Herman, Timothy) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 2 CIVIL Cover Sheet (Herman, Timothy) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 1 NOTICE of Removal from Cook County Law Division, case number (2022L005922) filed by DoorDash, Inc. Filing fee $ 402, receipt number AILNDC-19781869. (Herman, Timothy) [Transferred from Illinois Northern on 10/5/2022.] |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (mbh, ) [Transferred from Illinois Northern on 10/5/2022.] |
| Filing 28 STATE COURT COMPLAINT against William F Dettman, III, DoorDash, Inc., filed by Pamela G Maloney. Complaint filed in the Circuit Court of Cook County, Illinois, County Department, Law Division Case no. 2022-L-005922. (nhc) |
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