Rowe v. Checkers Drive-In Restaurant, Inc.

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:16-cv-09917
District Judge Gary Feinerman, presiding
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District Judge Gary Feinerman
Last Updated July 28, 2025 at 10:31 PM EDT (10.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [62711D4], Plaintiff

Represented by Carmen D. Caruso Law Firm

Name Phone Fax E-Mail
Space Carmen David Caruso +1 312 626 1160 +1 312 276 8646

Represented by Carmen D. Caruso PC

Name Phone Fax E-Mail
Space Xiaoyin Cao +1 312 626 1160 xcao@cdcaruso.com
Space Jackie Christine Condella +1 312 626 1160 +1 312 276 8646 jcc@cdcaruso.com
No Logo Rowe Food Holdings, LLC, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Xiaoyin Cao
Space Carmen David Caruso
Space Jackie Christine Condella
v.
No Logo Checkers Drive-In Restaurant, Inc., Defendant

Represented by Cozen O'Connor, PC

Name Phone Fax E-Mail
Space Jeremy J. Glenn +1 312 474 7900 +1 312 706 9791 jglenn@cozen.com
Space Joseph E. Tilson +1 312 474 7880 jtilson@cozen.com

Represented by Greenberg Traurig, LLP

Name Phone Fax E-Mail
Space Paul J. Ferak +1 312 456 8400 +1 312 456 8435 ferakp@gtlaw.com

Represented by Hunton & Williams LLP

Name Phone Fax E-Mail
Space Samuel Alberto Danon +1 305 810 2500 +8102 810 810 2460 sdanon@huntonak.com
Space Juan C. Enjamio +1 305 810 2511 +8102 810 810 2460 jenjamio@hunton.com
Attributes
Nature of Suit 440 - Civil Rights: Other
Cause Section 28 U.S.C. § 1331 Federal Question U.S.C. § Other Civil Rights
Jurisdiction Diversity
Case Status closed
Jury Demand Plaintiff
Monetary Demand $75,000
Anonymization By SCALES
Timeline
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Legal Document (Payment Possibly Required) 39 Filed: 5/9/2017, Entered: 5/9/2017
MINUTE entry before the Honorable Gary Feinerman:The parties have filed a stipulation of dismissal 36 , the terms of which are set forth therein. Status hearing set for 6/5/2017 38 is stricken. Civil case closed.Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 38 Filed: 5/8/2017, Entered: 5/9/2017
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 6/5/2017 at 9:00 a.m. If dismissal papers are filed on or before 6/2/2017, the 6/5/2017 status hearing will be stricken and the case will be closed.Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 37 Filed: 5/8/2017, Entered: 5/8/2017 Court Filing
MINUTE entry before the Honorable M. David Weisman: In light of the parties' stipulation of dismissal with prejudice 36 , all matters relating to the referral of this case having been resolved, this matter is returned to the District Judge. Status hearing set for 6/6/17 before Magistrate Judge Weisman is hereby stricken with no appearance required. Referral terminated. Mailed notice (ao,)
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Legal Document (Payment Possibly Required) 36 Filed: 5/8/2017, Entered: 5/8/2017
STIPULATION of Dismissal With Prejudice (Enjamio, Juan)
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Legal Document (Payment Possibly Required) 35 Filed: 4/19/2017, Entered: 4/20/2017
MINUTE entry before the Honorable M. David Weisman: Settlement Conference held. The parties have reached a mutually agreeable settlement as to all material terms. The settlement will be formalized in a written agreement. Status hearing set for 6/6/17 at 9:15 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be stricken and no appearance will be necessary. The Court thanks all counsel for their professionalism and patience in resolving this matter. Mailed notice (ao,)
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Legal Document (Payment Possibly Required) 34 Filed: 4/12/2017, Entered: 4/12/2017
MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 4/12/2017.Mailed notice.(jlj, )
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Legal Document (Payment Possibly Required) 33 Filed: 4/12/2017, Entered: 4/12/2017
MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendant's partial motion to dismiss 22 is granted. Plaintiffs' claim regarding the Wentworth restaurant is dismissed without prejudice to repleading. If Plaintiffs wish to file an amended complaint, they must do so by 5/3/2017. If Plaintiffs file an amended complaint, Defendant shall answer or otherwise plead by 5/17/2017; if Plaintiffs do not file an amended complaint, Defendant shall answer the surviving portions of the current complaint by 5/10/2017.Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 32 Filed: 3/14/2017, Entered: 3/14/2017
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 5/8/2017 at 9:00 a.m. Argument was held on Defendant's partial motion to dismiss 22 .Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 31 Filed: 3/8/2017, Entered: 3/8/2017
RESPONSE by Checkers Drive-In Restaurant, Inc. in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM(CHECKERS DRIVE-IN RESTAURANTS, INC.'S PARTIAL MOTION TO DISMISS) 22 (Checkers Drive-In Restaurants, Inc.'s Reply in Support of Partial Motion to Dismiss) (Enjamio, Juan)
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Legal Document (Payment Possibly Required) 30 Filed: 2/22/2017, Entered: 2/22/2017
MEMORANDUM by 62711D4, 62711D4 Food Holdings, LLC in Opposition to Motion to Dismiss for Failure to State a Claim 22 (Caruso, Carmen)
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Legal Document (Payment Possibly Required) 29 Filed: 2/9/2017, Entered: 2/9/2017
MINUTE entry before the Honorable M. David Weisman: At the parties' request, status hearing set for 2/16/17 is stricken. The parties have confirmed a settlement conference for 4/19/17 at 11:00 a.m. Plaintiff's settlement letter shall be delivered to Defendant, with a copy delivered to the Court, in chambers, on or before 4/5/17. Defendant's settlement letter shall be delivered to Plaintiff, with a copy delivered to the Court, in chambers, on or before 4/12/17. The parties can submit their respective documents by email to Proposed_Order_Weisman@ilnd.uscourts.gov. However, please note that settlement letters are not to be filed on the CM-ECF system. Parties have no objections to the court having ex parte discussions with counsel in advance of the settlement conference if the court believes such conversations would be warranted. The court looks forward to meeting with parties on 4/19/17 for the settlement conference. Mailed notice (ao,)
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Legal Document (Payment Possibly Required) 28 Filed: 2/8/2017, Entered: 2/8/2017
MINUTE entry before the Honorable M. David Weisman: At the parties request, the status hearing set for 2/9/17 is stricken and reset to 2/16/17 at 9:00 a.m. Mailed notice (ao,)
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Legal Document (Payment Possibly Required) 27 Filed: 1/25/2017, Entered: 1/25/2017 Court Filing
MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman to conduct a settlement conference and discuss general issues related to settlement. Status hearing 2/9/17 at 9:15 a.m. Prior to the status hearing, the Court respectfully requests that counsel consult the Court's standing order on settlement conferences and related materials in advance of the status hearing. The Court specifically requests that counsel have available dates for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Mailed notice (ao,)
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Legal Document (Payment Possibly Required) 26 Filed: 1/25/2017, Entered: 1/25/2017
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: settlement conference.Mailed notice.(jlj, )
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Legal Document (Payment Possibly Required) 25 Filed: 1/25/2017, Entered: 1/25/2017 Court Filing
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 3/14/2017 at 9:00 a.m. Motion hearing held. Defendant's partial motion to dismiss 22 is entered and continued. Plaintiff's response due by 2/22/2017; reply due by 3/8/2017. Rule 26(a)(1) disclosures shall be served by 2/16/2017. Initial written discovery requests shall be served by 3/9/2017. Fact discovery shall be completed by 8/31/2017. Plaintiff's Rule 26(a)(2) disclosures shall be served by 7/1/2017. Defendant's Rule 26(a)(2) disclosures shall be served by 9/29/2017. Rebuttal expert disclosures shall be served by 11/8/2017. Expert discovery shall be completed 12/16/2017. Dispositive motions shall be filed by 9/28/2017. Motions to amend the pleadings or add new parties shall be filed by 4/30/2017. This case is referred to Magistrate Judge Weisman for a settlement conference.Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 24 Filed: 1/20/2017, Entered: 1/20/2017
MINUTE entry before the Honorable Gary Feinerman:Applications to appear pro hac vice 20 and 21 are granted. Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 23 Filed: 1/19/2017, Entered: 1/19/2017
NOTICE of Motion by Jeremy J. Glenn for presentment of Motion to Dismiss for Failure to State a Claim 22 before Honorable Gary Feinerman on 1/25/2017 at 09:00 AM. (Glenn, Jeremy)
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Legal Document (Payment Possibly Required) 22 Filed: 1/19/2017, Entered: 1/19/2017
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM(CHECKERS DRIVE-IN RESTAURANTS, INC.'S PARTIAL MOTION TO DISMISS) (Attachments: # 1 Exhibit A - Contract)(Glenn, Jeremy)
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Legal Document (Payment Possibly Required) 21 Filed: 1/19/2017, Entered: 1/19/2017
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12765455. (Enjamio, Juan)
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Legal Document (Payment Possibly Required) 20 Filed: 1/18/2017, Entered: 1/18/2017
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12763755. (Danon, Samuel)
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Legal Document (Payment Possibly Required) 19 Filed: 1/17/2017, Entered: 1/17/2017
ATTORNEY Appearance for Defendant Checkers Drive-In Restaurant, Inc. by Jeremy J. Glenn (Glenn, Jeremy)
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Legal Document (Payment Possibly Required) 18 Filed: 1/17/2017, Entered: 1/17/2017
ATTORNEY Appearance for Defendant Checkers Drive-In Restaurant, Inc. by Joseph E. Tilson (Tilson, Joseph)
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Legal Document (Payment Possibly Required) 17 Filed: 1/17/2017, Entered: 1/17/2017
MINUTE entry before the Honorable Gary Feinerman: Substitute counsel may file their appearances. Attorney Paul Ferak is terminated as counsel for Defendant.Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 16 Filed: 1/13/2017, Entered: 1/13/2017
Consent Order Granting Substitution of Attorney by Checkers Drive-In Restaurant, Inc. (Tilson, Joseph)
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Legal Document (Payment Possibly Required) 15 Filed: 1/13/2017, Entered: 1/13/2017
Consent Order Granting Substitution of Attorney by Checkers Drive-In Restaurant, Inc. (Glenn, Jeremy)
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Legal Document (Payment Possibly Required) 14 Filed: 1/5/2017, Entered: 1/5/2017
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 1/25/2017 at 9:00 a.m. At that status hearing, the court will decide, based on its review of Defendant's forthcoming motion to dismiss, whether to set a discovery and dispositive motion schedule.Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 13 Filed: 12/30/2016, Entered: 12/30/2016
STATUS Report /Joint Initial Status Report by Checkers Drive-In Restaurant, Inc. (Ferak, Paul)
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Legal Document (Payment Possibly Required) 12 Filed: 12/27/2016, Entered: 12/27/2016
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer 10 is granted. The time for Defendant to answer or otherwise plead to the complaint is extended to 1/19/2017. Motion hearing set for 1/5/2017 11 is stricken.Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 11 Filed: 12/19/2016, Entered: 12/19/2016
NOTICE of Motion by Paul Joseph Ferak for presentment of motion for extension of time to file answer, motion for relief 10 before Honorable Gary Feinerman on 1/5/2017 at 09:00 AM. (Ferak, Paul)
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Legal Document (Payment Possibly Required) 10 Filed: 12/19/2016, Entered: 12/19/2016
MOTION by Defendant Checkers Drive-In Restaurant, Inc. for extension of time to file answer regarding complaint 1 - Agreed (Ferak, Paul)
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Legal Document (Payment Possibly Required) 9 Filed: 12/19/2016, Entered: 12/19/2016
ATTORNEY Appearance for Defendant Checkers Drive-In Restaurant, Inc. by Paul Joseph Ferak (Ferak, Paul)
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Legal Document (Payment Possibly Required) 8 Filed: 10/28/2016, Entered: 10/28/2016
WAIVER OF SERVICE returned executed by 62711D4, 62711D4 Food Holdings, LLC. Checkers Drive-In Restaurant, Inc. waiver sent on 10/21/2016, answer due 12/20/2016. (Caruso, Carmen)
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Legal Document (Payment Possibly Required) 7 Filed: 10/28/2016, Entered: 10/28/2016
REQUEST for Waiver of Service sent to Illinois Corporation Services on 10/21/2016 by Plaintiffs 62711D4, 62711D4 Food Holdings, LLC. Waiver of service due by 11/21/2016. (Caruso, Carmen)
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Legal Document (Payment Possibly Required) 6 Filed: 10/26/2016, Entered: 10/26/2016 Court Filing
MINUTE entry before the Honorable Gary Feinerman:Initial status hearing set for 1/5/2017 at 9:00 a.m. Initial Status Report shall be filed by 12/29/2016. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov, to "District Judges," to "Judge Gary Feinerman," to "Initial Status Hearings" under Case Management Procedures) for details on the Initial Status Hearing and Initial Status Report.Mailed notice. (jlj, )
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Legal Document (Payment Possibly Required) 5 Filed: 10/24/2016, Entered: 10/24/2016
CIVIL Cover Sheet (Caruso, Carmen)
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Legal Document (Payment Possibly Required) 4 Filed: 10/21/2016, Entered: 10/21/2016
ATTORNEY Appearance for Plaintiff 62711D4 by Carmen David Caruso (Caruso, Carmen)
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Legal Document (Payment Possibly Required) 3 Filed: 10/21/2016, Entered: 10/21/2016
ATTORNEY Appearance for Plaintiff 62711D4 by Xiaoyin Cao (Cao, Xiaoyin)
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Legal Document (Payment Possibly Required) 2 Filed: 10/21/2016, Entered: 10/21/2016
ATTORNEY Appearance for Plaintiff 62711D4 by Jackie Christine Condella (Condella, Jackie)
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Blank  Filed: 10/21/2016, Entered: 10/21/2016
CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable M. David Weisman. (ew, )
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Legal Document (Payment Possibly Required) 1 Filed: 10/21/2016, Entered: 10/21/2016
COMPLAINT filed by 62711D4; Jury Demand. Filing fee $ 400, receipt number 0752-12492359. (Attachments: # 1 Civil Cover Sheet)(Caruso, Carmen)
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