Wragge et al v. The Boeing Company

Filing 29

MEMORANDUM Opinion and Order: For the reasons stated in the Opinion and Order, the Court denies Plaintiffs' Motion to Remand 16 . On or before April 14, 2021, the parties shall file a joint initial status report. A template for the Joint Initia l Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled "Joint Initial Status Report." Separately, the Court also denies Plaintiffs' Motion for Leave to File Supplemental Legal Authority 28 as moot. The Court independently considered the recent opinion issued by Judge Wood in Case No. 20-cv-04108. Signed by the Honorable Franklin U. Valderrama on 3/31/2021. Mailed notice (Attachments: # 1 Joint Status Report) (axc).

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
PLAINTIFF A, and
PLAINTIFF B ,

)
)
)
Plaintiffs,
)
)
v.
)
)
DEFENDANT C, and
)
DEFENDANT D,
)
)
Defendants.
)
____________________________________)

Case No. XX-cv-XXXX
Hon. Franklin U. Valderrama

JOINT INITIAL STATUS REPORT UNDER RULE 26(f)
The parties have conferred as required by Rule 26(f), and jointly submit the following
discovery plan. See Fed. R. Civ. P. 26(f)(2); Fed. R. Civ. P. 26(f)(3); Fed. R. Civ. P. 16(b). The
parties understand that the Court will enter a scheduling order under Rule 16(b)(1), and that the
Court will modify any such schedule “only for good cause.” See Fed. R. Civ. P. 16(b)(4).
I.

Nature of the Case
A.

Identify the attorneys of record for each party. Note the lead trial attorney
and any local counsel.

B.

State the basis for federal jurisdiction. If based on diversity, state the
domicile of all parties. As a reminder, domicile is different than residence – the
former is what counts for diversity purposes. See Heinen v. Northrop Grumman
Corp., 671 F.3d 669 (7th Cir. 2012).
If the basis of jurisdiction is diversity, please remember that a corporation is treated
differently than an LLC/LLP. Please note two things. First, if a party is a
corporation, counsel must identify its place of incorporation and its principal place of
business. Second, if a party is a partnership or a limited liability company, counsel
must identify the name and domicile(s) of each and every partner/member of each
such entity. See Belleville Catering Co. v. Champaign Market Place LLC, 350 F.3d
691 (7th Cir. 2003); Cosgrove v. Bartolotta, 150 F.3d 729 (7th Cir. 1998); Carden v.
Arkoma Assoc., 494 U.S. 185 (1990). If any partners or members are themselves
partnerships or LLCs, the rule applies to their partners or members, too.

C.

D.

Describe the claims asserted in the complaint and the counterclaims and/or
third-party claims and/or affirmative defenses.

E.

What are the principal factual issues?

F.

What are the principal legal issues?

G.

What relief is the plaintiff(s) seeking? Quantify the damages, if any.
(A ballpark estimate is acceptable – the purpose is simply to give the Court a feel for
the case. This estimate will not be admissible.).

H.

II.

Provide a short overview of the case in plain English (five sentences or less).

Have all of the defendants been served, or waived service of process? If not,
identify the defendants that have not received service.

Discovery
A.

Propose a discovery schedule. Include the following deadlines: (1) the mandatory
initial discovery responses; (2) any amendment to the pleadings to add new claims,
or new parties; (3) service of process on any “John Doe” defendants; (4) the
completion of fact discovery; (5) the disclosure of plaintiff’s expert report(s); (6) the
deposition of plaintiff’s expert; (7) the disclosure of defendant’s expert(s); (8)
the deposition of defendant’s expert; and (9) dispositive motions. Fill in the blanks,
below.

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Event

Deadline

Initial Discovery Responses
Amendment to the pleadings
Service of process on any “John Does”
Completion of Fact Discovery
Disclosure of Plaintiff’s Expert Report(s)

One month after the close of fact discovery
(insert a date certain)

Deposition of Plaintiff’s Expert
Disclosure of Defendant’s Expert Report(s)
Deposition of Defendant’s Expert
Dispositive Motions

One month after the close of expert discovery
(insert a date certain)

B.

How many depositions do the parties expect to take?

C.

Do the parties foresee any special issues during discovery?

D.

Rule 26(f)(2) requires the parties to propose a discovery plan. See Fed. R. Civ. P.
26(f)(2). Rule 26(f)(3), in turn, provides that a “discovery plan must state the
parties’ views and proposals” on six different topics. See Fed. R. Civ. P. 26(f)(3).
Have the parties discussed a discovery plan – including all of the topics – as required
by Rule 26(f)(3)? If so, do the parties propose anything?
If the parties do make any proposals, be sure to include them in the proposed
scheduling order that will be sent to Judge Seeger’s proposed order inbox.

III.

Trial
A.

Have any of the parties demanded a jury trial?
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B.

IV.

Estimate the length of trial.

Settlement, Referrals, and Consent
A.

B.

Do the parties request a settlement conference at this time before this Court
or the Magistrate Judge?

C.

V.

Have any settlement discussions taken place? If so, what is the status?
Has the plaintiff made a written settlement demand? And if so, did the defendant
respond in writing? (Do not provide any particulars of any demands or offers
that have been made.)

Have counsel informed their respective clients about the possibility of
proceeding before the assigned Magistrate Judge for all purposes, including trial and
entry of final judgment? Do all parties unanimously consent to that procedure? The
Court strongly encourages parties to consent to the jurisdiction of the Magistrate
Judge.

Other
A.

Is there anything else that the plaintiff(s) wants the Court to know? (Please
be brief.)

B.

Is there anything else that the defendant(s) wants the Court to know? (Please
be brief.)

INSERT SIGNATURE BLOCKS FOR ALL PARTIES

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