English et al v. EYM Chicken of Illinois, LLC
| Illinois Central District Court | |
| Judge: | Colleen R Lawless |
| Referred: | Douglas J Quivey |
| Case #: | 3:22-cv-03202 |
| Nature of Suit | 790 Labor - Other Labor Litigation |
| Cause | 28:1332 Diversity-Non-Motor Vehicle |
| Case Filed: | Sep 30, 2022 |
| Case in other court: | Circuit Court of Sangamon County, 2022LA000155 |
| Last checked: Wednesday Mar 29, 2023 5:57 AM CDT |
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Defendant
EYM Chicken of Illinois LLC
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Represented By
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Plaintiff
Otis Childs
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Represented By
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Plaintiff
Coshira English
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Represented By
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Plaintiff
Latessa Lerogan-Washington
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Represented By
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Plaintiff
Dawn Washington
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Represented By
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| Docket last updated: 2 hours ago |
| Monday, May 12, 2025 | ||
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order
Order Assigning Referral Judge
Mon 05/12 12:51 PM
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| Thursday, May 08, 2025 | ||
| 24 | 24
motion
Continue
Thu 05/08 12:35 PM
Third MOTION to Continue Evidentiary Hearing by Plaintiffs Otis Childs, Coshira English, Latessa Lerogan-Washington, Dawn Washington.(Fullett, Andrew) |
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Att: 1
Exhibit Ex. A
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order
Order on Motion to Continue ~Util - Set/Reset Deadlines/Hearings
Thu 05/08 2:12 PM
TEXT ORDER Entered by Judge Colleen R. Lawless on 5/8/2025. Plaintiffs' third motion to continue the evidentiary hearing24 is GRANTED for the reasons stated in the motion. The evidentiary hearing set on 5/9/2025 at 10:00 a.m. is continued and reset on 5/30/2025 at 10:00 a.m. by video. The Clerk will send a copy of this Order to EYM Chicken of Illinois, LLC c/o Eduardo Diaz, 450 E. John Carpenter Freeway, #100, Irving, Texas 75061. (AEJ) |
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| Friday, May 02, 2025 | ||
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minutes
Evidentiary Hearing ~Util - Set/Reset Hearings
Fri 05/02 12:41 PM
Minute Entry for proceedings held before Judge Colleen R. Lawless: EVIDENTIARY HEARING held on 5/2/2025 via video conference. Attorney Andrew Fullett present on behalf of the Plaintiffs. No appearance by Defendant. Witness called, sworn, and questioned. Evidence entered. Evidentiary Hearing continued to 5/9/2025 at 10:00 AM before Judge Colleen R. Lawless via video conference. Hearing adjourned. (Court Reporter KS.) (JPL) |
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| Monday, April 21, 2025 | ||
| 23 | 23
motion
Continue
Mon 04/21 2:08 PM
Second MOTION to Continue Evidentiary Hearing by Plaintiffs Otis Childs, Coshira English, Latessa Lerogan-Washington, Dawn Washington. (Fullett, Andrew) |
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order
Order on Motion to Continue ~Util - Set/Reset Deadlines/Hearings
Mon 04/21 3:57 PM
TEXT ORDER Entered by Judge Colleen R. Lawless on 4/21/2025. Plaintiffs' second motion to continue the evidentiary hearing23 is GRANTED for the reasons stated in the motion. The evidentiary hearing set on 4/29/2025 at 10:00 a.m. is continued and reset on 5/2/2025 at 10:00 a.m. by video. The Clerk will send a copy of this Order to EYM Chicken of Illinois, LLC c/o Eduardo Diaz, 450 E. John Carpenter Freeway, #100, Irving, Texas 75061. (AEJ) |
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| Friday, April 04, 2025 | ||
| 22 | 22
9
pgs
order
Order on Motion to Continue ~Util - Set/Reset Deadlines/Hearings
Fri 04/04 9:08 AM
TEXT ORDER Entered by Judge Colleen R. Lawless on 4/4/2025. Before this Court is Plaintiffs' Motion to Continue21 . For the reasons stated therein, Plaintiffs' Motion21 is GRANTED. The Evidentiary Hearing set for 4/8/2025 at 3:00 p.m. is VACATED and RESET to 4/29/2025 at 10:00 a.m. by video. Video conference instructions attached.(AEJ) |
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| Thursday, April 03, 2025 | ||
| 21 | 21
motion
Continue
Thu 04/03 3:01 PM
First MOTION to Continue Evidentiary Hearing by Plaintiffs Otis Childs, Coshira English, Latessa Lerogan-Washington, Dawn Washington. (Fullett, Andrew) |
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| 20 | 20
notice
Notice of Appearance of Attorney
Thu 04/03 1:03 PM
NOTICE of Appearance of Attorney by Andrew Fullett on behalf of All Plaintiffs (Fullett, Andrew) |
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| Wednesday, March 05, 2025 | ||
| 19 | 19
9
pgs
order
Order ~Util - Set/Reset Hearings
Wed 03/05 4:11 PM
TEXT ORDER entered by Judge Colleen R. Lawless on 3/5/2025: Due to a scheduling conflict, the evidentiary hearing set on 4/8/2025 at 11:00 a.m. is reset as to time only and is now set on 4/8/2025 at 3:00 p.m. before Judge Colleen R. Lawless. The evidentiary hearing will be by videoconference, the instructions for which are attached. (JS) |
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| Monday, March 03, 2025 | ||
| 18 | 18
minutes
Status Conference ~Util - Set/Reset Hearings
Mon 03/03 11:30 AM
Minute Entry for proceedings held before Judge Colleen R. Lawless: STATUS CONFERENCE held on 3/3/2025 via video conference. Attorney Max Barack present on behalf of Plaintiffs. No appearance on behalf of the Defendant. Discussion held regarding status of the case. Defendant has 21 days for counsel to enter appearance on their behalf. Evidentiary Hearing set for 4/8/2025 at 11:00 AM before Judge Colleen R. Lawless via video conference. Hearing adjourned. (Tape #SP-1 10:35.) (JPL) |
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order
Order ~Util - Set/Reset Deadlines
Mon 03/03 11:40 AM
TEXT ORDER entered by Judge Colleen R. Lawless on 3/3/2025: The Clerk is directed to send a copy of this Text Order and the Text Order entered on 2/27/2025 to Defendant EYM Chicken of Illinois, LLC at 4925 N. O'Connor Road #200, Irving, Texas 75038 which, according to counsel's motion to withdraw17 , is Defendant's last known business address. Because limited liability companies cannot litigate in federal court unless represented by an attorney, see United States v. Hagerman, 549 F.3d 536, 537 (7th Cir. 2008), the Court hereby Orders Defendant to have an attorney enter their appearance within 21 days. (JS) |
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| Thursday, February 27, 2025 | ||
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order
Order on Motion to Withdraw as Attorney
Thu 02/27 4:07 PM
TEXT ORDER Entered by Magistrate Judge Eric I. Long on 2/27/2025. On 2/12/25, Defendant's Attorney Daniel E. Tranen and law firm Wilson Elser Moskowitz Edelman & Dicker filed the outstanding Motion for Leave to Withdraw as Counsel for Defendant EYM Chicken of Illinois, LLC17 . No party has filed in response or otherwise opposed the withdrawal by the response deadline of 2/26/25rendering the motion unopposed. See LR-CDIL 7.1(B)(2). Accordingly, the outstanding Motion for Leave to Withdraw17 is hereby GRANTED for the reasons provided therein. The Clerk of the Court is directed to mail a copy of this order to Defendant's last known business address. (AEJ) |
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| Wednesday, February 12, 2025 | ||
| 17 | 17
motion
Withdraw as Attorney
Wed 02/12 2:32 PM
MOTION to Withdraw as Attorney by Defendant EYM Chicken of Illinois LLC. Responses due by 2/26/2025 (Tranen, Daniel) |
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| Tuesday, February 11, 2025 | ||
| 16 | 16
8
pgs
order
Order on Motion to Dismiss ~Util - Set/Reset Deadlines/Hearings
Tue 02/11 11:21 AM
ORDER Entered by Judge Colleen R. Lawless on 2/11/2025. Based on the current record, the Court concludes there is a factual dispute regarding whether Plaintiffs signed the arbitration agreements. Thus, an evidentiary hearing is necessary to resolve the question of fact. Defendant EYM Chicken of Illinois, LLC' s Motion to Dismiss, or in the alternative, Stay Action and Compel Arbitration [Doc. 13] is denied without prejudice to refile following an evidentiary hearing. The Court hereby schedules a Status Hearing on Monday, March 3, 2025 at 10:30 a.m. for the purpose of scheduling the evidentiary hearing. The Status Hearing will be by video conference, the instructions for which are attached.(ED) |
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Att: 1
zoom instructions
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| Monday, January 06, 2025 | ||
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order
Order Reassigning Case
Mon 01/06 6:20 PM
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| Friday, July 05, 2024 | ||
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respm
Response to Motion/Petition
Fri 07/05 1:05 PM
RESPONSE to Motion re13 MOTION to Dismiss or, In the Alternative, Stay Action and Compel Arbitration filed by Plaintiffs Otis Childs, Coshira English, Latessa Lerogan-Washington, Dawn Washington.(Garris, Wayne) |
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Att: 1
Exhibit Signed Declaration of Plaintiff Coshira English,
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Att: 2
Exhibit Signed Declaration of Plaintiff Dawn Washington,
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Att: 3
Exhibit Order - Lerogan Washington et al v EYM Pizza
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| Thursday, June 20, 2024 | ||
| 14 | 14
11
pgs
respm
Memorandum in Support of Motion/Petition
Thu 06/20 11:35 AM
MEMORANDUM in Support re13 MOTION to Dismiss or, In the Alternative, Stay Action and Compel Arbitration filed by Defendant EYM Chicken of Illinois LLC.(Tranen, Daniel) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| 13 | 13
motion
Dismiss
Thu 06/20 11:33 AM
MOTION to Dismiss or, In the Alternative, Stay Action and Compel Arbitration by Defendant EYM Chicken of Illinois LLC. Responses due by 7/5/2024 (Tranen, Daniel) |
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| Tuesday, May 21, 2024 | ||
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order
Order on Motion to Lift Stay
Tue 05/21 11:17 AM
TEXT ORDER Entered by Judge Colleen R. Lawless on 5/21/2024. Before the Court is Plaintiffs' Motion to Lift Stay. In an Order entered on 12/22/2022, U.S. District Judge Sue Myerscough stayed these proceedings pending final dispositions in In re White Castle System, Inc., 7th Cir. No. 20-8029 certifying questions to the Illinois Supreme Court in Cothron v. White Castle System, Inc. No. 128004; Marion v. Ring Container Technologies, LLC, Ill. App.3d No. 3 20-0184 In support of their Motion to Lift Stay, Plaintiffs state that in February 2023, the Illinois Supreme Court issued decisions in Tims v. Black Horse Carriers, Inc., 2023 IL 127801 and Cothron v. White Castle Systems, Inc., 2023 IL 128004, which answered the questions that formed the basis of the stay entered by the Court. Accordingly, Plaintiffs' Motion to Lift Stay12 is GRANTED. The stay of proceedings is terminated. At the time the stay was entered, Judge Myerscough denied Defendants Motion to Dismiss4 and Plaintiffs' Motion to Remand7 with leave to refile when the stay was lifted. If the parties wish to refile those motions, any motion shall be filed by 6/21/2024. (AEJ) |
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| Friday, May 17, 2024 | ||
| 12 | 12
motion
Lift Stay
Fri 05/17 3:55 PM
MOTION to Lift Stay by Plaintiffs Otis Childs, Coshira English, Latessa Lerogan-Washington, Dawn Washington. Responses due by 5/31/2024 (Garris, Wayne) |
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| 11 | 11
notice
Notice of Appearance of Attorney
Fri 05/17 3:52 PM
NOTICE of Appearance of Attorney by Wayne Daniel Garris, Jr on behalf of All Plaintiffs (Garris, Wayne) |
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| Friday, March 17, 2023 | ||
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order
Order Reassigning Case to Judge Lawless
Fri 03/17 3:55 PM
TEXT ORDER OF REASSIGNMENT: This case and the corresponding hearings are reassigned to Judge Colleen R. Lawless for further proceedings due to her recent appointment as U.S. District Judge for the Central District of Illinois. Entered by Chief Judge Sara Darrow on 3/17/2023. (JMB) |
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| Monday, January 09, 2023 | ||
| 10 | 10
misc
7.1 Disclosure Statement
Mon 01/09 10:23 AM
Federal Rule of Civil Procedure 7.1 Disclosure Statement by EYM Chicken of Illinois LLC. (Tranen, Daniel) |
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| Thursday, December 22, 2022 | ||
| 9 | 9
3
pgs
order
Order on Motion to Dismiss Order on Motion to Remand Order Staying Case
Thu 12/22 11:15 AM
ORDER by U.S. District Judge Sue E. Myerscough: Pursuant to the Court's "broad discretion in deciding whether to stay proceedings," see S.E.C. v. Glick, 2019 WL 78958, at *5 (N.D. Ill. Jan. 2, 2019), this matter is hereby STAYED pending final dispositions in Marion and White Castle. Defendant's Motion to Dismiss, d/e4 , and Plaintiffs Motion to Remand, d/e7 , are DENIED with leave to refile once the stay has been lifted. SEE WRITTEN ORDER. Entered on 12/22/2022. (Stephens, Huntur) |
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| Friday, November 04, 2022 | ||
| 8 | 8
7
pgs
respm
Response to Motion/Petition
Fri 11/04 9:49 AM
RESPONSE to Motion re7 MOTION to Remand to the Circuit Court of Sangamon County filed by Defendant EYM Chicken of Illinois LLC.(Tranen, Daniel) |
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Att: 1
Exhibit A
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| Thursday, October 27, 2022 | ||
| 7 | 7
motion
Remand
Thu 10/27 2:27 PM
MOTION to Remand to the Circuit Court of Sangamon County by Plaintiffs Otis Childs, Coshira English, Latessa Lerogan-Washington, Dawn Washington. (Barack, Max) |
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| Friday, October 07, 2022 | ||
| 6 | 6
notice
Notice of Appearance of Attorney
Fri 10/07 2:24 PM
NOTICE of Appearance of Attorney by Max Phillip Barack on behalf of Otis Childs, Coshira English, Latessa Lerogan-Washington, Dawn Washington (Barack, Max) |
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| 5 | 5
11
pgs
respm
Memorandum in Support of Motion/Petition
Fri 10/07 10:06 AM
MEMORANDUM in Support re4 MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(3), or in the Alternative Stay Action and Compel Arbitration filed by Defendant EYM Chicken of Illinois LLC.(Tranen, Daniel) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Exhibit Exhibit D
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| 4 | 4
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pgs
motion
Dismiss
Fri 10/07 10:04 AM
MOTION to Dismiss Pursuant to Fed. R. Civ. Pro. 12(B)(3), or in the Alternative Stay Action and Compel Arbitration by Defendant EYM Chicken of Illinois LLC. Responses due by 10/21/2022 (Tranen, Daniel) |
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| Friday, September 30, 2022 | ||
| 3 | 3
notice
Notice (Other)
Fri 09/30 2:17 PM
NOTICE Regarding Notice of Removal(Tranen, Daniel) |
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Att: 1
Exhibit Federal Notice of Removal,
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Att: 2
Exhibit State Notice of Removal
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| 2 | 2
notice
Notice of Appearance of Attorney
Fri 09/30 12:03 PM
NOTICE of Appearance of Attorney by Daniel Tranen on behalf of EYM Chicken of Illinois, LLC (Tranen, Daniel) |
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| 1 | 1
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pgs
cmp
Attorney Notice of Removal
Fri 09/30 12:02 PM
NOTICE OF REMOVAL from Circuit Court of Sangamon County, case number 2022LA000155 (Filing fee $ 402 receipt number AILCDC-4041720), filed by EYM Chicken of Illinois, LLC.(Tranen, Daniel) |
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Att: 1
31 pgs
Exhibit Exhibit A,
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Att: 2
Civil Cover Sheet Civil Cover Sheet
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