| RECAP docket (free): https://www.courtlistener.com/docket/68113991/canel-v-school-of-the-art-institute-of-chicago/ |
| CASREF,FUENTES |
United States District Court
Northern District of Illinois – CM/ECF NextGen 1.7.1.1 (Chicago)
CIVIL DOCKET FOR CASE #: 1:23-cv-17064
Canel v. School of the Art Institute of Chicago et al Assigned to: Honorable Nancy L. Maldonado Referred to: Honorable Gabriel A. Fuentes (Settlement) Cause: Civil Miscellaneous Case | Date Filed: 12/22/2023 Jury Demand: Plaintiff Nature of Suit: 448 Civil Rights: Education Jurisdiction: Federal Question |
| Plaintiff | ||
| Shiran Canel | represented by | Avraham E. Aizenman Steelman Advocate PC 3840 Via De La Valle Del Mar, CO 92014 (424) 242-4603 Fax: Pro Hac Vice Email: eli@steelmanadvocate.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Steven P. Blonder Much Shelist P.C. 191 North Wacker Drive Suite 1800 Chicago, IL 60606 (312) 521-2000 Fax: Active Email: sblonder@muchlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Laura Ann Elkayam Much Shelist, P.C. 191 N. Wacker Drive Suite 1800 Chicago, IL 60606 312-521-2000 Fax: Not a member Email: lelkayam@muchlaw.com ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| School of the Art Institute of Chicago | represented by | John William Borkowski Husch Blackwell LLP 120 S. Riverside Plaza Suite 2200 Chicago, IL 60606 (312) 526-1538 Fax: Active Email: john.borkowski@huschblackwell.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Karen Lisabeth Courtheoux Husch Blackwell LLP 120 South Riveside Plaze Suite 2200 Chicago, IL 60606 (312) 526-1638 Fax: Not a member Email: karen.courtheoux@huschblackwell.com ATTORNEY TO BE NOTICED Katherine Mckay Tierney Husch Blackwell 120 South Riverside Plaza Suite 2200 Chicago, IL 60606 (312) 526-1568 Fax: Not a member Email: katherine.tierney@huschblackwell.com ATTORNEY TO BE NOTICED |
| Defendant | ||
| Sandie Yi | represented by | Jonathan Barrett Blakley Gordon & Rees Scully Mansukhani One North Franklin Suite 800 Chicago, IL 60606 (312) 619-4915 Fax: Active Email: jblakley@grsm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Susan Jane Best Gordon Rees Scully Mansukhani One North Franklin Suite 800 Chicago, IL 60606 Fax: Active Email: sbest@grsm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Maximilian Johann Bungert Gordon Rees Scully Mansukhani, LLP One North Franklin Ste 800 Chicago, IL 60606 312-565-1400 Email: mbungert@grsm.com ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 12/22/2023 | 1 | COMPLAINT filed by Shiran Canel; Jury Demand. Filing fee $ 405, receipt number AILNDC-21455126.(Blonder, Steven) (Entered: 12/22/2023) |
| 12/22/2023 | 2 | CIVIL Cover Sheet (Blonder, Steven) (Entered: 12/22/2023) |
| 12/22/2023 | 3 | ATTORNEY Appearance for Plaintiff Shiran Canel by Steven P. Blonder (Blonder, Steven) (Entered: 12/22/2023) |
| 12/22/2023 | 4 | ATTORNEY Appearance for Plaintiff Shiran Canel by Laura Ann Elkayam (Elkayam, Laura) (Entered: 12/22/2023) |
| 12/26/2023 | CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (Civil Category Two). (lw, ) (Entered: 12/26/2023) | |
| 12/26/2023 | CLERK’S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lw, ) (Entered: 12/26/2023) | |
| 12/27/2023 | SUMMONS Issued as to Defendant Sandie Yi (jcc, ) (Entered: 12/27/2023) | |
| 12/27/2023 | SUMMONS Issued as to Defendant School of the Art Institute of Chicago (jcc, ) (Entered: 12/27/2023) | |
| 12/27/2023 | 5 | MINUTE entry before the Honorable Nancy L. Maldonado:A Rule 16 initial status hearing is set for 4/9/24 at 10:30 a.m. in person in Courtroom 1925. By 4/2/24 the parties shall file a joint Initial Status Report that complies with the Court’s standing order, which can be found on the Court’s website. (ca, ) (Entered: 12/27/2023) |
| 12/28/2023 | 6 | SUMMONS Returned Executed by Shiran Canel as to School of the Art Institute of Chicago on 12/28/2023, answer due 1/18/2024. (Blonder, Steven) (Entered: 12/28/2023) |
| 12/28/2023 | 7 | ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/28/2023) |
| 12/29/2023 | 8 | SUMMONS Returned Executed by Shiran Canel as to Sandie Yi on 12/29/2023, answer due 1/19/2024. (Blonder, Steven) (Entered: 12/29/2023) |
| 01/12/2024 | 9 | MOTION by Plaintiff Shiran Canel for preliminary injunction(Blonder, Steven) (Entered: 01/12/2024) |
| 01/12/2024 | 10 | MOTION by Plaintiff Shiran Canel for discovery EXPEDITED(Blonder, Steven) (Entered: 01/12/2024) |
| 01/12/2024 | 11 | MOTION by Defendant School of the Art Institute of Chicago for leave to appear as Lead Attorney(Borkowski, John) (Entered: 01/12/2024) |
| 01/12/2024 | 12 | – Karen Courtheoux, LEAD: MOTION by Defendant School of the Art Institute of Chicago for leave to appear as Attorney – Karen Courtheoux, LEAD:(Borkowski, John) (Entered: 01/12/2024) |
| 01/12/2024 | 13 | – Katherine Tierney, LEAD: MOTION by Defendant School of the Art Institute of Chicago for leave to appear as Attorney – Katherine Tierney, LEAD:(Borkowski, John) (Entered: 01/12/2024) |
| 01/12/2024 | 14 | MOTION by Defendant School of the Art Institute of Chicago for extension of time to file response/reply to Plaintiff’s Complaint(Borkowski, John) (Entered: 01/12/2024) |
| 01/12/2024 | 15 | MINUTE entry before the Honorable Nancy L. Maldonado:The Court is in receipt of Plaintiff’s motions for preliminary injunction 9 and expedited discovery 10 . A status hearing is set for 1/23/24 at 10:00 a.m. in person in Courtroom 1925 at which time briefing and hearing schedules will be set. Plaintiff shall promptly serve Defendants with both motions and file a certificate of service by 1/16/24 indicating same. (ca, ) (Entered: 01/12/2024) |
| 01/16/2024 | 16 | MINUTE entry before the Honorable Nancy L. Maldonado:Defendant School of the Art Institute of Chicago’s unopposed motion for extension of time until 3/4/24 to answer the complaint 14 is granted for the reasons stated in the motion. (ca, ) (Entered: 01/16/2024) |
| 01/16/2024 | 17 | ATTORNEY Appearance for Defendant School of the Art Institute of Chicago by John William Borkowski (Borkowski, John) (Entered: 01/16/2024) |
| 01/16/2024 | 18 | ATTORNEY Appearance for Defendant School of the Art Institute of Chicago by Karen Lisabeth Courtheoux (Courtheoux, Karen) (Entered: 01/16/2024) |
| 01/16/2024 | 19 | ATTORNEY Appearance for Defendant School of the Art Institute of Chicago by Katherine Mckay Tierney (Tierney, Katherine) (Entered: 01/16/2024) |
| 01/16/2024 | 20 | NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by School of the Art Institute of Chicago (Borkowski, John) (Entered: 01/16/2024) |
| 01/16/2024 | 21 | CERTIFICATE Certificate of Service (Blonder, Steven) (Entered: 01/16/2024) |
| 01/16/2024 | 22 | ATTORNEY Appearance for Defendant Sandie Yi by Maximilian Johann Bungert (Bungert, Maximilian) (Entered: 01/16/2024) |
| 01/16/2024 | 23 | MOTION by Defendant Sandie Yi for extension of time to Answer or Otherwise Plead(Bungert, Maximilian) (Entered: 01/16/2024) |
| 01/17/2024 | 24 | ATTORNEY Appearance for Defendant Sandie Yi by Susan Jane Best (Best, Susan) (Entered: 01/17/2024) |
| 01/17/2024 | 25 | ATTORNEY Appearance for Defendant Sandie Yi by Jonathan Barrett Blakley (Blakley, Jonathan) (Entered: 01/17/2024) |
| 01/17/2024 | 26 | MINUTE entry before the Honorable Nancy L. Maldonado:Defendant Yi’s motion for extension of time to answer or otherwise respond to Plaintiff’s complaint 23 is granted for the reasons stated in the motion. Defendant Yi should respond by 03/04/24. (ca, ) (Entered: 01/17/2024) |
| 01/22/2024 | 27 | MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21550236.(Blonder, Steven) (Entered: 01/22/2024) |
| 01/23/2024 | 28 | MINUTE entry before the Honorable Nancy L. Maldonado: Status hearing held on 01/23/24. As stated on the record, plaintiff’s motion for expedited discovery failed to identify the proposed discovery. By 01/24/24, Plaintiff should file a supplement to her motion for expedited discovery attaching drafts of the discovery sought. Defendants’ response to the motion for expedited discovery is due 01/31/24. No reply needed. Hearing on the motion for expedited discovery is set for 02/01/24 10:00 a.m. via WebEx video conference. The dial-in number for the public is: 650-479-3207; access code is: 23121738470. The parties will receive a WebEx invitation by email. The Court will determine the briefing schedule for Plaintiff’s preliminary injunction motion following the expedited discovery hearing. In the meantime, the parties are encouraged to continue discussing possible resolution of any or all aspects of this case. As discussed on the record, the parties may email the Court’s courtroom deputy at any point for a referral to Magistrate Judge Fuentes should they require third-party assistance during the course of their discussions. (ca, ) (Entered: 01/24/2024) |
| 01/24/2024 | 29 | TRANSCRIPT OF PROCEEDINGS held on 01/23/2024 before the Honorable Nancy L. Maldonado. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC jenny.uscra@yahoo.com (312)435-5895.IMPORTANT: The transcript may be viewed at the court’s public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court’s web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.Redaction Request due 2/14/2024. Redacted Transcript Deadline set for 2/26/2024. Release of Transcript Restriction set for 4/23/2024. (Costales, Jennifer) (Entered: 01/24/2024) |
| 01/24/2024 | 30 | SUPPLEMENT to motion for discovery 10 Plaintiff’s Supplement to her Motion for Expedited Discovery (Attachments: # 1 Exhibit Plaintiff’s First Request for Production of Documents, # 2 Exhibit Plaintiff’s First Set of Interrogatories, # 3 Exhibit Rule 30(b)(6) Notice of Deposition, # 4 Exhibit Notice of Deposition – Adelheid Mers, # 5 Exhibit Notice of Deposition – Sandie Yi)(Blonder, Steven) (Entered: 01/24/2024) |
| 01/25/2024 | 31 | MINUTE entry before the Honorable Nancy L. Maldonado:Motion for leave to appear pro hac vice by Avraham E. Aizenman 27 is granted. (ca, ) (Entered: 01/25/2024) |
| 01/31/2024 | 32 | RESPONSE by School of the Art Institute of Chicagoin Opposition to MOTION by Plaintiff Shiran Canel for discovery EXPEDITED10 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Borkowski, John) (Entered: 01/31/2024) |
| 01/31/2024 | 33 | RESPONSE by Defendant Sandie Yi to motion for discovery 10 (Bungert, Maximilian) (Entered: 01/31/2024) |
| 01/31/2024 | 34 | NOTICE by School of the Art Institute of Chicago re response in opposition to motion, 32 Substitute Exhibit 3 (Attachments: # 1 Exhibit 3)(Borkowski, John) (Entered: 01/31/2024) |
| 02/01/2024 | 35 | MINUTE entry before the Honorable Nancy L. Maldonado:Expedited discovery motion hearing held on 2/1/2024 via Webex Video Conference. As discussed on the record, the Court denies Plaintiff Canel’s motion for expedited discovery 10 without prejudice on the grounds that it is overly broad, not targeted to Canel’s preliminary injunction motion and more akin to discovery on the merits, and would be an inefficient and burdensome exercise that would delay these proceedings in light of the privilege and privacy issues that the discovery requests are likely to raise. The parties further report that Defendant School of the Art Institute (SAIC) has granted Plaintiff Canel certain accommodations that address some of Canel’s preliminary concerns and further discussions are ongoing. Canel’s preliminary injunction motion is not yet briefed and still under advisement, but as mentioned by the Court on the record, the Court has doubts about the continuing viability of Canel’s request for preliminary relief in light of the accommodations and movement of the SAIC in committing to measures Plaintiff sought in her motion. The parties expressed interest in entering into a stipulation memorializing the SAIC’s commitments to Canel that would likely moot the preliminary injunction, in this Court’s view. The Court encourages the parties to continue discussing possible resolutions to the preliminary injunction motion. As the Court observed, the parties should be talking to each other about Plaintiff’s motion and complaint. To aid in these discussions, this Court is entering a referral to assigned Magistrate Judge Fuentes for settlement conference as may be necessary. By March 7, 2024, the parties should submit a joint status report indicating the status of their discussions on an agreed order on the preliminary injunction motion. Alternately, if the parties come to an agreement before March 7, 2024, the parties may file a motion for entry of an agreed order by that same time. A status hearing is set for March 14, 2024 at 10:00 a.m. via WebEx video conference. The dial-in number for the public is: 650-479-3207; access code is: 23029248634. The parties will receive a WebEx invitation by email. (ca, ) (Entered: 02/01/2024) |
| 02/01/2024 | 36 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: settlement conference.(ca, ) (Entered: 02/01/2024) |
| 02/02/2024 | 37 | MINUTE entry before the Honorable Gabriel A. Fuentes: This matter coming before the magistrate judge on referral for a settlement conference (doc. # 36 ), a pre-settlement telephonic conference with counsel is set for 9 a.m. on 2/14/24 to discuss format and scheduling of a settlement conference. Counsel should be prepared with available settlement conference dates for counsel and clients in March and April 2024. Counsel should contact the magistrate judge jointly at the time of the pre-settlement conference on the number to be provided to them by the courtroom deputy. Counsel are further directed to review the Court’s Standing Order for Settlement Conferences and Top Ten Ways to Defeat Settlement, both available on the Court’s website. Further, the parties are invited, if they wish, to communicate their pronouns for counsel or clients to the courtroom deputy, Lauren Knight, at 312-818-6514. The judge’s pronouns are he/him/his. Mailed notice. (lxk, ) (Entered: 02/02/2024) |
| 02/05/2024 | 38 | MINUTE entry before the Honorable Gabriel A. Fuentes: The time of the pre-settlement conference set for 2/14/24 is changed from 9 a.m. to 9:30 a.m. TIME CHANGE ONLY. Mailed notice. (lxk, ) (Entered: 02/05/2024) |
| 02/06/2024 | 39 | TRANSCRIPT OF PROCEEDINGS held on 02/01/2024 before the Honorable Nancy L. Maldonado. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, CRC jenny.uscra@yahoo.com (312)435-5895.IMPORTANT: The transcript may be viewed at the court’s public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court’s web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.Redaction Request due 2/27/2024. Redacted Transcript Deadline set for 3/8/2024. Release of Transcript Restriction set for 5/6/2024. (Costales, Jennifer) (Entered: 02/06/2024) |
| 02/14/2024 | 40 | MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held with counsel. The Court outlined its mediation procedures. A further pre-settlement telephonic conference is set for 8:30 a.m. on 4/5/24. In the meantime, no settlement conference is scheduled, and the parties consented to the mediator’s ex parte discussions with respective parties or counsel about settlement matters only. Mailed notice. (lxk, ) (Entered: 02/14/2024) |
| 03/04/2024 | 41 | MOTION by Defendant School of the Art Institute of Chicago to dismiss the ComplaintPresented before District Judge(Borkowski, John) (Entered: 03/04/2024) |
| 03/04/2024 | 42 | MEMORANDUM by School of the Art Institute of Chicago in support of motion to dismiss 41 (Attachments: # 1 Exhibit A)(Borkowski, John) (Entered: 03/04/2024) |
| 03/04/2024 | 43 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Sandie YiPresented before District Judge(Bungert, Maximilian) (Entered: 03/04/2024) |
| 03/06/2024 | 44 | MOTION by Plaintiff Shiran Canel to withdraw Its Motion for Preliminary InjunctionPresented before District Judge(Blonder, Steven) (Entered: 03/06/2024) |
| 03/07/2024 | 45 | MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff’s motion to withdraw her preliminary injunction motion 44 is granted in view of SAIC’s representations to Plaintiff’s Counsel and this Court that it is currently undertaking remedial actions. Plaintiff’s motion for preliminary injunction 9 is denied as moot. Additionally, the Court adopts the parties’ proposed briefing schedule for Defendant SAIC and Defendant Sandie Yi’s motions to dismiss: (1) by April 1, 2024, Plaintiff will file her response to the SAIC and Sandie Yi’s motions to dismiss; (2) by April 15, 2024, SAIC and Sandie Yi will file their replies (ca, ) (Entered: 03/07/2024) |
| 03/07/2024 | 46 | STATUS Report (Joint) by School of the Art Institute of ChicagoPresented before District Judge(Borkowski, John) (Entered: 03/07/2024) |
| 03/08/2024 | 47 | MINUTE entry before the Honorable Nancy L. Maldonado:The Court has reviewed the parties’ joint status report 46 . The 03/14/24 status hearing is stricken and reset for 06/18/24 at 10:00 a.m. in person in Courtroom 1925. (ca, ) (Entered: 03/08/2024) |
| 03/26/2024 | 48 | MOTION by Defendants School of the Art Institute of Chicago, Sandie Yi to stay Discovery During Pendency of Their Motions to DismissPresented before District Judge(Borkowski, John) (Entered: 03/26/2024) |
| 03/26/2024 | 49 | MEMORANDUM by School of the Art Institute of Chicago, Sandie Yi in support of motion to stay 48 Discovery During Pendency of Their Motions to Dismiss (Borkowski, John) (Entered: 03/26/2024) |
| 03/27/2024 | 50 | MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed Defendants’ motion to stay discovery during pendency of their motions to dismiss 48 . The motion does not state whether it is opposed or not. By 04/03/24, Plaintiff should file a response to Defendants’ motion, indicating whether the motion is opposed and if it is, the reason for her opposition. No reply is needed. (ca, ) (Entered: 03/27/2024) |
| 04/01/2024 | 51 | RESPONSE by Shiran Canelin Opposition to MOTION by Defendant School of the Art Institute of Chicago to dismiss the ComplaintPresented before District Judge41 (Blonder, Steven) (Entered: 04/01/2024) |
| 04/01/2024 | 52 | RESPONSE by Shiran Canelin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Sandie YiPresented before District Judge43 (Blonder, Steven) (Entered: 04/01/2024) |
| 04/03/2024 | 53 | RESPONSE by Shiran Canelin Opposition to MOTION by Defendants School of the Art Institute of Chicago, Sandie Yi to stay Discovery During Pendency of Their Motions to DismissPresented before District Judge48 Plaintiff’s Opposition to Motion to Stay Discovery (Blonder, Steven) (Entered: 04/03/2024) |
| 04/05/2024 | 54 | MINUTE entry before the Honorable Gabriel A. Fuentes: Pre-settlement telephonic conference held. The parties reported that they are prepared to engage in a settlement conference with the magistrate judge. The parties undertook to report promptly to the courtroom deputy their available May and June 2024 dates from the list of currently open dates provided by the Court. Mailed notice. (lxk, ) (Entered: 04/05/2024) |
| 04/05/2024 | 55 | MINUTE entry before the Honorable Gabriel A. Fuentes: Settlement conferences held telephonically with respective counsel for plaintiff and defendant SAIC by consent. The Court continues to plan on hearing from the parties shortly concerning the scheduling of a settlement conference. Mailed notice. (lxk, ) (Entered: 04/05/2024) |
| 04/05/2024 | 56 | MINUTE entry before the Honorable Nancy L. Maldonado: Having reviewed the parties’ briefs on Defendants’ motion to stay discovery 48 , the Court grants Defendants’ motion in part and denies it in part. The Court orders the parties to exchange their Rule 26 initial disclosures on or before May 24, 2024. Per Federal Rule of Civil Procedure Rule 26(a)(1)(A)(ii), the parties should provide “a description by category and location” of “all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses” but disclosing parties need not actually produce copies of the documents. Further, the parties may, if they wish to, issue written discovery on or before May 24, 2024. Yet, until this Court rules on the motion to dismiss (which is not yet fully-briefed), the parties will not be required to answer written discovery. The Court believes this “hybrid” approach to discovery balances the competing interests of the parties in the short term until this Court has the opportunity to rule on the motion to dismiss. All other discovery is stayed. The parties are set to come before the Court on June 18, 2024, at which point the Court will revisit the scope of discovery, if needed. The 04/09/24 hearing is stricken. (ca, ) (Entered: 04/05/2024) |