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14-8259 - Devora Fisher v. Kohl's Corporation et al


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14-8259 - Devora Fisher v. Kohl's Corporation et al
June 3, 2015
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MEMORANDUM Opinion and Order signed by the Honorable Ronald A. Guzman on 6/3/2015: For the reasons stated below, Kohl's motion to strike class allegations and dismiss for lack of subject matter jurisdiction 15 is granted in part and denied in part. It is granted to the extent that Plaintiffs fail to demonstrate ascertainability of the class; the remainder is denied. Plaintiffs have 21 days to file an amended complaint. At the same time as the amended complaint is filed, Plaintiffs shall file a memorandum addressing how their revised class definition satisfies the Seventh Circuit's ascertainability requirement. Within 2 court days of the filing of the amended complaint and memorandum, Kohl's shall file a statement indicating whether they will move to strike the revised class allegations on scertainability grounds. If they intend to move to strike, they will have 14 days after the filing of their statement in which to file a memorandum in support of the motion to strike and Plaintiffs will have 14 days thereafter to respond. Mailed notice (cjg, )
October 7, 2015
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MEMORANDUM Opinion and Order: For the reasons stated below, Defendants' motion to strike the class allegations and dismiss Count II 45 is denied. Signed by the Honorable Ronald A. Guzman on 10/7/2015. Mailed notice. (sxn, )
May 2, 2017
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MEMORANDUM Opinion and Order Signed by the Honorable Ronald A. Guzman on 5/2/2017: For the reasons stated below, Plaintiffs' motion for class certification 109 is denied. [For further details see Statement]. Mailed notice(is, )
August 11, 2017
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MEMORANDUM Opinion and Order: For the reasons stated below, the Court concludes that severance of the plaintiffs' claims is appropriate. The claims alleged by Plaintiff Devora Fisher, by and through Sheila Fisher, her legal guardian, who is the first-named individual plaintiff and resides in Illinois, will remain on this Court's docket. The remaining Plaintiffs' claims will be severed, with the Court declining to retain the severed cases on its docket. The Clerk is directed to provide new case numbers for each of the severed plaintiffs' (i.e., The Equal Rights Center, Monica Kamal, Jean Ryan, Regina Lee, Eugene Kelly, and Patricia Thomas) claims and assign those cases to judges pursuant to the District Court's operating procedures. The Clerk is further directed to use the instant Memorandum Opinion and Order as the initiating document in each of the newly-created cases and to file the second amended class action complaint in the instant case 69 as document number 2 in each of the newly-created cases. Any requests by the severed plaintiffs to file amended complaints shall be directed to the newly-assigned judge. "Since severance is the creation of 'multiple docket numbers for the action already on file'not dismissal and re-filingthe [severed] Plaintiff[s] should not be required to pay filing fees in the instant case." Jackson v. Welborn, No. 12-CV-961-JPG, 2012 WL 5383285, at *1 (S.D. Ill. Nov. 2, 2012). For the same reason, tolling of the statute of limitations is unnecessary. To the extent any of the severed plaintiffs wish to seek transfer to another jurisdiction, they may do so after their case has been reassigned. The Equal Rights Center, Monica Kamal, Jean Ryan, Regina Lee, Eugene Kelly, and Patricia Thomas are terminated as plaintiffs in this case. Signed by the Honorable Ronald A. Guzman on 8/11/2017. Mailed notice. (sxb, )