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- ilnd;;1:19-cv-01905_de13 RegisterActionDate "2020-04-23" @default.
- ilnd;;1:19-cv-01905_de13 RegisterActionDescriptionText "MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the responses to its 4/14/2020 order, filed by counsel for Plaintiff on 4/21/2020. Counsel for Plaintiff verified that he advised Plaintiff in writing of CMO 168 on 2/19/2020. Accordingly, the Court declines to impose a sanction. In the response, however, Plaintiff's counsel states that when he informed Plaintiff of CMO 168, he also told Plaintiff "that given the lack of expert opinion and testimony causally connecting the injury in this case to the use of the subject product... it is the intent of [counsel] to no longer proceed and advance this claim further and as such this Court will be dismissing this case." Plaintiff's counsel erred by communicating that dismissal was Plaintiff's only option and therefore implying that counsel was free to withdraw from the case on his own. Counsel should have told Plaintiff that the decision whether to proceed through litigation is Plaintiff's decision to make, and that counsel would have to obtain the Court's permission in order to withdraw from representation of Plaintiff. The Court directs Plaintiff's counsel to communicate this message to Plaintiff in writing by no later than April 27, 2020. The Court grants Plaintiff until May 11, 2020 to comply with the CMO 126 obligations of paragraphs B.9 and B.10. This extra time is not subject to further extension for any reason, including any further amendments to General Order 20-0012 (N.D. Ill.) If Plaintiff fails to comply, the Court will dismiss the case with prejudice. Counsel is to immediately advise Plaintiff in writing of this order and immediately certify on the record compliance with the directives therein. Mailed notice. (mma, ) (Entered: 04/23/2020)" @default.
- ilnd;;1:19-cv-01905_de13 AdministrativeID "12" @default.