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15-2075 - COX v. GANNETT COMPANY, INC. et al

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15-2075 - COX v. GANNETT COMPANY, INC. et al
January 14, 2016
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ORDER. The Court ORDERS Mr. Cox to file a statement of claims by January 28, 2016, setting forth the legal basis for each of his claims against Defendants. If he does not intend to bring any federal claims or seek any benefits under ERISA benefit plans that were available to Gannett employees at the relevant time, he should expressly state so. Because a removing defendant bears the burden of proving that federal jurisdiction is proper, Walker v. Trailer Transit, Inc., 727 F.3d 819, 825 (7th Cir. 2013), Defendants must file a response to Mr. Cox's statement of claims by February 8, 2016, specifically asserting why federal jurisdiction is proper based on Mr. Cox's statement of claims. To the extent Defendants allege that Mr. Cox is pursuing any claim under ERISA ยง 502(a), Defendants must apply the three-factor test set forth in Jass, 88 F.3d at 1487, and also cite authority supporting their position that a worker characterized as an independent contractor can be a "participant or beneficiary" for purposes of bringing a civil action under ERISA. Mr. Cox may file a reply by February 16, 2016. Signed by Judge Jane Magnus-Stinson on 1/14/2016. (BGT)
April 12, 2016
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ORDER denying Plaintiff's 14 Motion to Remand. The motion is denied without prejudice, however, such that if Mr. Cox promptly moves to amend his complaint to clearly remove all requests for employment-related benefits in his claims, he may ask the Court to reconsider this ruling (See Order). Signed by Judge Jane Magnus-Stinson on 4/12/2016. (MAC)
June 7, 2016
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agnus-Stinson on 6/7/2016. (GSO)ORDER - The Court DENIES Defendants' 15 Motion to Dismiss Count I and DENIES AS MOOT Defendants' 17 Motion Requesting Court to Take Judicial Notice of Information Contained in Certain SEC Filings. (See Order.) Signed by Judge Jane M