Toscano, Jr. v. Koopman et al
| Toscano, Jr. and Samuel Toscano, Jr. |
| Koopman, Robert Koopman, James E. Kleinheinz and Margaret C. Kleinheinz Revocable Living Trust, Precision Dose Properties, Inc., John Kleinheinz, Precision Dose, Inc., Frank Darnell, Cup Pac Packaging, Inc., Thomas L. Anderson and Clark Kleinheinz |
| 1:2015cv02197 |
| March 12, 2015 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Iain D Johnston |
| Frederick J Kapala |
| Contract: Stockholders Suits |
| 28 U.S.C. § 1332 |
| Defendant |
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| Filing 111 FINAL ORDER Dismissing Case Signed by the Honorable Frederick J. Kapala on 1/11/2018:(pg, ) |
| Filing 110 MINUTE entry before the Honorable Frederick J. Kapala: Pursuant to agreement of parties, this case is dismissed with prejudice. Any pending motions are now moot and all court dates are canceled. Civil case terminated. Mailed notice (sb, ) |
| Filing 109 STIPULATION of Dismissal (Agreed) (Stewart, Benjamin) |
| Filing 108 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 11/28/2017. Telephonic status hearing is set for 1/18/2018 at 1:30 PM. By 1/16/2018 counsel shall provide direct-dial numbers for the hearing to the Court's operations specialist, who will initiate the call. The 1/18/2018 status hearing will be stricken upon the filing of a stipulation to dismiss. The Court appreciates counsel and the clients' efforts to attempt to reach an amicable resolution of this case. Additionally, the Court hopes that counsel remind their clients that two of the main benefits of settlement are finality and certainty. Provisions in a settlement agreement that conflict with those benefits should be avoided like warm beer. (yxp, ) |
| Filing 107 MINUTE entry before the Honorable Iain D. Johnston: Telephonic status hearing set for 11/28/2017 at 2:30 PM. By 11/27/2017 counsel shall provide direct-dial numbers to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 106 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 10/3/2017. Parties may provide a copy of the court-appointed expert's report directly to chambers and not filed. The next status hearing will be set at a later date. (yxp, ) |
| Filing 105 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 8/15/2017 and continued to a telephonic status hearing set for 10/3/2017 at 1:00 PM. By 9/29/2017, counsel shall provide a direct-dial number for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) (Main Document 105 replaced on 8/22/2017) (yxp, ). |
| Filing 104 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 6/15/2017 and continued to a telephonic status hearing set for 8/15/2017 at 1:30 PM. As stated by the Court on 5/17/2017, the court-appointed expert shall provide a valuation both with and without considering the 2016 projections. By 8/11/2017, counsel shall provide a direct-dial number for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 103 TRANSCRIPT OF PROCEEDINGS held on May 17, 2017 before the Honorable Iain D. Johnston. Court Reporter Contact Information: Heather Perkins-Reiva, heather_perkins-reiva@ilnd.uscourts.gov, (779) 772-8309. 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 7/5/2017. Redacted Transcript Deadline set for 7/14/2017. Release of Transcript Restriction set for 9/11/2017. (Perkins-Reiva, Heather) |
| Filing 102 TRANSCRIPT OF PROCEEDINGS held on 5/3/2017 before the Honorable Iain D. Johnston. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. 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 6/21/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/29/2017. (Roth, Alexandra) |
| Filing 101 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 5/17/2017. Plaintiff's request to allow expert to consider projections #81 is granted as follows: the court-appointed expert, Larry Levine shall consider document 'Toscano 15' as stated on the record. Defense counsel shall provide the filings of the parties. Telephonic status hearing set for 6/15/2017 at 9:00 AM. By 6/13/2017, counsel shall provide a direct-dial number for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 100 MINUTE entry before the Honorable Iain D. Johnston: A telephonic status hearing with Mr. Levine is set for 5/17/2017 at 9:00 AM. By 5/15/2017, counsel shall provide direct-dial numbers to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 99 MINUTE entry before the Honorable Iain D. Johnston: Motion hearing held on 5/3/2017. Argument heard on Plaintiff's motion for valuation #81 . Telephonic status hearing tentatively set for 5/11/2017 at 2:00 PM or 5/17/2017 at 9:00 AM. By 5/8/2017, Counsel shall contact the Court's operations specialist to indicate which hearing time Mr. Levine can be made available. Plaintiff's motion #81 is entered and continued. (yxp, ) |
| Filing 98 MINUTE entry before the Honorable Iain D. Johnston: Defendant Anderson's motion to appear telephonically #96 is unopposed and granted. However, the Court will not take argument from any party or counsel that appears telephonically. By 4/28/2017 counsel shall provide a direct-dial number for the hearing to the Court's operations specialist, who will initiate the call. Counsel is reminded to set motions for presentment. See Local Rule 5.3(b). (yxp, ) |
| Filing 97 MINUTE entry before the Honorable Iain D. Johnston: The defendant's motion for leave to file under seal #94 is unopposed and granted. However, the parties are reminded that documents that "influence or underpin a judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality." Baxter Int'l Inc. v. Abbott Labs., 297 F.3d 544, 545 (7th Cir. 2014). Accordingly, if any of the redacted material influences or underpins the district judge's decision on the motion to dismiss, the relevant portions may be unsealed. Presentment of the motion set for 5/2/2017 is stricken. (yxp, ) |
| Filing 96 MOTION by Defendant Thomas L. Andersonto Appear Telephonically for May 3, 2017 Hearing (Mayer, Zach) |
| Filing 95 NOTICE of Motion by Scott Collins Sullivan for presentment of motion to seal document, motion for relief, #94 before Honorable Iain D. Johnston on 5/2/2017 at 10:00 AM. (Sullivan, Scott) |
| Filing 94 MOTION by Defendants Frank Darnell, James E. Kleinheinz and Margaret C. Kleinheinz Revocable Living Trust, Clark Kleinheinz, John Kleinheinz, Robert Koopman to seal document sealed response #93 , Response #92 (Sullivan, Scott) |
| Filing 93 SEALED RESPONSE by Frank Darnell, James E. Kleinheinz and Margaret C. Kleinheinz Revocable Living Trust, Clark Kleinheinz, John Kleinheinz, Robert Koopman to other #81 (Sullivan, Scott) |
| Filing 92 RESPONSE by Defendants Frank Darnell, James E. Kleinheinz and Margaret C. Kleinheinz Revocable Living Trust, Clark Kleinheinz, John Kleinheinz, Robert Koopman to other #81 (Sullivan, Scott) |
| Filing 91 MINUTE entry before the Honorable Iain D. Johnston: Attorney William Reilly's motion for leave to appear by telephone on behalf of defendants Cup Pac Packaging and Precision Dose for the 5/3/2017 hearing #89 is granted. Presentment of the motion set for 4/27/2017 is stricken. (yxp, ) |
| Filing 90 NOTICE of Motion by William A. Reilly, II for presentment of motion for leave to appear #89 before Honorable Iain D. Johnston on 4/27/2017 at 10:00 AM. (Reilly, William) |
| Filing 89 MOTION by Defendants Cup Pac Packaging, Inc., Precision Dose, Inc. for leave to appear as Telephonic for May 3, 2017 Hearing (Reilly, William) |
| Filing 88 MINUTE entry before the Honorable Iain D. Johnston: The defendants' motion for an extension of time #86 is unopposed and granted. The defendant's brief in response to the plaintiff's brief on valuation #81 is now due 4/26/2017. Presentment of the motion set for 4/11/2017 is stricken. (yxp, ) |
| Filing 87 NOTICE of Motion by Scott Collins Sullivan for presentment of extension of time, #86 before Honorable Iain D. Johnston on 4/11/2017 at 10:00 AM. (Sullivan, Scott) |
| Filing 86 MOTION by Defendants Frank Darnell, James E. Kleinheinz and Margaret C. Kleinheinz Revocable Living Trust, Clark Kleinheinz, John Kleinheinz, Robert Koopman, Precision Dose Properties, Inc., for extension of time (Sullivan, Scott) |
| Filing 85 MINUTE entry before the Honorable Iain D. Johnston: The plaintiff's motion for leave to file under seal #83 is unopposed and granted. However, the parties are warned that documents that "influence or underpin a judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality." Baxter Int'l Inc. v. Abbott Labs., 297 F.3d 544, 545 (7th Cir. 2014). Accordingly, if any of the redacted material influences or underpins the district judge's decision on the motion to dismiss, the relevant portions may be unsealed. Presentment of the motion set for 4/20/2017 is stricken. (yxp, ) |
| Filing 84 NOTICE of Motion by Erik J. Ives for presentment of motion to seal document, motion for relief, #83 before Honorable Iain D. Johnston on 4/20/2017 at 10:00 AM. (Ives, Erik) |
| Filing 83 MOTION by Plaintiff Samuel Toscano, Jr. to seal document sealed document #82 , other #81 (Ives, Erik) |
| Filing 82 SEALED DOCUMENT by Plaintiff Samuel Toscano, Jr. -- Plaintiff's Brief on the Use of Projections by the Court-Appointed Expert (Filed Under Seal) (Ives, Erik) |
| Filing 81 Plaintiff's Brief on the Use of Projections by the Court-Appointed Expert (Public Version) by Samuel Toscano, Jr. (Ives, Erik) Modified on 5/3/2017 (yxp, ). |
| Filing 80 MINUTE entry before the Honorable Iain D. Johnston: The plaintiff's motion for an extension of time #79 is unopposed and granted. The plaintiff's motion on valuation is now due 4/5/2017, and the defendants' response is now due 4/19/2017. (yxp, ) |
| Filing 79 MOTION by Plaintiff Samuel Toscano, Jr. for extension of time (Unopposed and Agreed) (Stewart, Benjamin) |
| Filing 78 Notice by Thomas L. Anderson Notice of Withdrawal of James Parish's Motion for Leave to Appear Pro Hac Vice (Mayer, Zach) |
| Filing 77 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 3/23/2017. Plaintiff's motion on valuation shall be filed by 4/3/2017. Defendants' responses are due 4/17/2017. A hearing on the motion is set for 5/3/2017 at 10:00 AM. (yxp, ) |
| Filing 76 MINUTE entry before the Honorable Iain D. Johnston: Attorney James Parish's motion to appear pro hac vice #64 is granted. Mr. Parish shall file his appearance for defendant Tom Anderson by 1/20/2017. (yxp, ) |
| Filing 75 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 1/12/2017 and continued to a telephonic status hearing set for 3/23/2017 at 9:00 AM. By 3/21/2017, counsel shall provide direct-dial telephone numbers for the hearing to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 74 MINUTE entry before the Honorable Iain D. Johnston: In-Court hearing held on 11/9/2016. Defendant Precision Dose Inc. is authorized to pay the defendants' 50% share of the Court-appointed expert expenses. Telephonic status hearing set for 1/12/2017 at 1:30 PM. By 1/10/2017, counsel shall provide direct-dial telephone numbers for the hearing to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 73 MINUTE entry before the Honorable Iain D. Johnston: In preparation for the hearing set for 11/9/2016, counsel are directed to review the documents filed on behalf of Lawrence M. Levine at Lincoln International: documents #70 , #71 and #72 . (yxp, ) |
| Filing 72 Engagement Letter-Submission to Clients filed on behalf of Lawrence M. Levine (yxp, ) |
| Filing 71 Information Request List filed on behalf of Lawrence M. Levine (yxp, ) |
| Filing 70 Initial Due Diligence Questions filed on behalf of Lawrence M. Levine. (yxp, ) |
| Filing 69 MINUTE entry before the Honorable Iain D. Johnston: The parties are directed to provide Lawrence Lavine with a copy of the pleadings of this case at their earliest convenience. Mr. Lavine's address can be found on the letter filed on 10/7/2016 doc. #67 . The clerk is directed to mail a copy of this entry to Lawrence Lavine at Lincoln International. Mailed notice (yxp, ) |
| Filing 68 MINUTE entry before the Honorable Iain D. Johnston: This case is set for an in court hearing on 11/9/2016 at 10:30 AM. The parties and Court will meet with the court-appointed expert witness, Larry Levine, to determine what information he will need from the parties to conduct his valuation of the shares at issue. The clerk is directed to mail a copy of this entry to Larry Levine at Lincoln International. (yxp, ) |
| Filing 67 LETTER from U.S. Magistrate Judge Iain D. Johnston to Lawrence M. Levine dated 10/7/2016. (Sent to Lawrence M. Levine by U.S. Mail.) (yxp, ) |
| Filing 66 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 10/6/2016. The Court appoints Lawrence Levine as an expert to the case. Letter pursuant to Federal Rule of Evidence 706 to enter. Parties to discuss if any of the following dates: October 24, October 31 or November 9 will work for a meeting with the expert. Date and time will be set at a later date. (yxp, ) |
| Filing 65 MINUTE entry before the Honorable Iain D. Johnston: Proposed case management order #63 received and reviewed. The telephonic status hearing previously set for 10/6/2016 at 9:00 AM is reset to 2:00 PM that same day. (yxp, ) |
| Filing 64 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12429492. by James R. Parish (Mayer, Zach) |
| Filing 63 PROPOSED Pretrial Order (Stewart, Benjamin) |
| Filing 62 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 9/22/2016. By 10/3/2016, parties are directed to file a proposed case management order using the form from the Court's web page. Telephonic status hearing set for 10/6/2016 at 9:00 AM. By 10/4/2016 counsel shall provide direct-dial telephone numbers for the hearing to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 61 ATTORNEY Appearance for Defendant Thomas L. Anderson by Zach Mayer (Mayer, Zach) |
| Filing 60 Agreed Confidentiality Order Pursuant to Local Rule 26.2 Signed by the Honorable Iain D. Johnston on 9/19/2016: (yxp, ) |
| Filing 59 MINUTE entry before the Honorable Iain D. Johnston: Attorney Zach Mayer's motion to appear pro hac vice #58 is granted. Mr. Mayer shall file his appearance for defendant Thomas Anderson by 9/20/2016. (yxp, ) |
| Filing 58 MOTION by Defendant Thomas L. Anderson for leave to file to appeal Pro Hac Vice (Mayer, Zach) |
| Filing 57 ANSWER to amended complaint by Thomas L. Anderson(Letchinger, John) |
| Filing 56 ATTORNEY Appearance for Defendant Thomas L. Anderson by John Sheldon Letchinger (Letchinger, John) |
| Filing 55 ANSWER to amended complaint by Frank Darnell, Clark Kleinheinz, John Kleinheinz, Robert Koopman, Precision Dose Properties, Inc.(Sullivan, Scott) |
| Filing 54 ATTORNEY Appearance for Defendants Clark Kleinheinz, John Kleinheinz by Joel M. L. Huotari (Huotari, Joel) |
| Filing 53 ATTORNEY Appearance for Defendants Clark Kleinheinz, John Kleinheinz by Scott Collins Sullivan (Sullivan, Scott) |
| Filing 52 Response to amended complaint in lieu of an ANSWER to amended complaint by Cup Pac Packaging, Inc., Precision Dose, Inc.(Reilly, William) |
| Filing 51 TRANSCRIPT OF PROCEEDINGS held on 7-14-16 before the Honorable Iain D. Johnston. Court Reporter Contact Information: mary_lindbloom@ilnd.uscourts.gov. 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 9/1/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 11/9/2016. (Lindbloom, Mary) |
| Filing 50 TRANSCRIPT OF PROCEEDINGS held on 1-12-16 before the Honorable Iain D. Johnston. Court Reporter Contact Information: mary_lindbloom@ilnd.uscourts.gov. 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 9/1/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 11/9/2016. (Lindbloom, Mary) |
| Filing 49 NOTICE by Cup Pac Packaging, Inc., Precision Dose, Inc. of Precision Dose and Cup Pac Election to Purchase Samuel Toscano's Shares under 805 ILCS 5/12.56(f) (Reilly, William) |
| Filing 48 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 7/14/2016. Defendants answers to the amended complaint and responses to outstanding discovery are due by 8/30/2016. All other discovery is stayed. Telephonic status hearing set for 9/22/2016 at 9:00 AM. By 9/20/2016 counsel shall provide direct-dial telephone numbers for the hearing to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 47 WAIVER OF SERVICE returned executed by Samuel Toscano, Jr.. Thomas L. Anderson waiver sent on 6/30/2016, answer due 8/29/2016. (Ives, Erik) |
| Filing 46 SUMMONS Returned Executed by Samuel Toscano, Jr. as to Clark Kleinheinz on 6/30/2016, answer due 7/21/2016. (Ives, Erik) |
| Filing 45 SUMMONS Returned Executed by Samuel Toscano, Jr. as to John Kleinheinz on 6/29/2016, answer due 7/20/2016. (Ives, Erik) |
| SUMMONS Issued as to Defendants Clark Kleinheinz, John Kleinheinz (pg, ) |
| SUMMONS Issued as to Defendants Thomas L. Anderson, Clark Kleinheinz, John Kleinheinz (pg, ) |
| Filing 44 MINUTE entry before the Honorable Iain D. Johnston: Settlement conference held on 6/1/2016. Case did not settle. Plaintiff to serve remaining defendants by 6/30/2016. Telephonic status hearing set for 7/14/2016 at 9:00 AM. By 7/12/2016, counsel shall provide direct-dial telephone numbers for the hearing to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 43 MINUTE entry before the Honorable Iain D. Johnston: By agreement of the parties, a Settlement Conference is set for 6/1/2016 at 10:00 AM. Parties shall refer to Judge Johnston's web page at www.ilnd.uscourts.gov and comply with the Standing Order on Settlement Conferences. Counsel, parties and persons with full settlement authority must personally appear per the Court's standing order. Failure to comply will result in sanctions. (yxp, ) |
| Filing 42 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 3/22/2016. By 3/28/2016, parties are directed to contact the Court's operations specialist to indicate which agreed date: 4/4, 4/29, 5/4, 5/27 or 6/1 at 10:00 AM will work for a settlement conference. Discovery responses are held in abeyance. The Election Date, or the date to purchase the shares, is stayed. For good cause under Rule 4(m), the plaintiff's time to serve the remaining defendants is extended to the date of the settlement conference. (yxp, ) |
| Filing 41 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 3/9/2016. The settlement conference set for 3/14/2016 is stricken and no appearances are required on that date. Telephonic status hearing set for 3/22/2016 at 2:00 PM. By 3/18/2016 counsel shall provide direct-dial phone numbers for the hearing to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 40 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 2/23/2016. Settlement Conference remains set for 3/14/2016 at 10:00 AM. (yxp, ) |
| Filing 39 MINUTE entry before the Honorable Iain D. Johnston: Telephonic status hearing set for 2/23/2016 at 1:30 PM. (yxp, ) |
| Filing 38 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 2/18/2016. Settlement conference remains set for 3/14/2016 at 10:00 AM. (yxp, ) |
| Filing 37 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 1/12/2016. Plaintiff's initial settlement position letter due to Defendants and chambers by 2/22/2016. Defendants' letters in response due to Plaintiff and chambers by 2/29/2016. Confidential letters to chambers due by end of business on 3/7/2016. Confidential letters are not to be filed or shared with the other side. Parties shall refer to Judge Johnston's web page at www.ilnd.uscourts.gov and comply with the Standing Order on Settlement Conferences. Counsel, parties and persons with full settlement authority must personally appear per the Court's standing order. Failure to comply will result in sanctions. Defendants' answers are stayed. Telephonic status hearing set for 2/18/2016 at 9:00 AM. By 2/16/2016, counsel shall provide direct-dial telephone numbers for the hearing to the Court's operations specialist who will initiate the call. (yxp, ) |
| Filing 36 Verified AMENDED complaint by Samuel Toscano, Jr. against All Defendants (Attachments: #1 Exhibit A, #2 Exhibit B)(Ives, Erik) |
| Filing 35 MINUTE entry before the Honorable Iain D. Johnston: Status hearing held on 12/17/2015. Plaintiff's amended complaint to be filed by 1/6/2016. Status hearing set for 1/12/2016 at 9:00 AM with counsel to appear in person. (yxp, ) |
Filing 34
ORDER: Defendants'motion to dismiss for failure to state a claim #22 is granted in part. Plaintiff's complaint is dismissed for failure to comply with the verification requirement of Rule 23.1(b). The individual claims alleged in Counts II, IV, and V are dismissed without prejudice. The motion is denied in all other respects. Plaintiff is granted leave to file a verified amended complaint consistent with the directives in this order within 30 days. Signed by the Honorable Frederick J. Kapala on 12/7/2015:mailed notice(pg, )
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| Filing 33 MINUTE entry before the Honorable Iain D. Johnston: The telephonic status hearing previously set for 10/27/2015 is reset to 12/17/2015 at 1:30 PM. By 12/15/2015 counsel shall provide telephone numbers for the status hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 32 REPLY by Defendants Frank Darnell, Robert Koopman, Precision Dose Properties, Inc. to response in opposition to motion, #31 to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B)(Sullivan, Scott) |
| Filing 31 RESPONSE by Samuel Toscano, Jr.in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #22 (Attachments: #1 Exhibit A, #2 Exhibit B - Flanagan, #3 Exhibit C - In re Abbott, #4 Exhibit D - Stewart, #5 Exhibit E - Gordon, #6 Exhibit F - In re Goldman Sachs, #7 Exhibit G - McSparran, #8 Exhibit H - Robotti, #9 Exhibit I - Neathery, #10 Exhibit J - Talton, #11 Exhibit K - Murchie)(Stewart, Benjamin) |
| Filing 30 MEMORANDUM by Frank Darnell, Robert Koopman, Precision Dose Properties, Inc. in support of Motion to Dismiss for Failure to State a Claim #22 (Sullivan, Scott) |
| Filing 29 MINUTE entry before the Honorable Iain D. Johnston: Motion and status hearing held on 6/18/2015. Defendants' motion for leave to file in excess of 15 pages #23 is granted. Defendants' shall file their proposed twenty-page memorandum as a separately docketed entry by 6/19/2015. Briefing on defendants' motion to dismiss #22 is as follows: plaintiff shall respond by 7/16/2015; defendants shall reply by 8/13/2015. All parties shall produce Rule 26(a)(1) disclosures by 7/27/2015. All other discovery remains stayed. Telephonic status hearing set for 10/27/2015 at 9:00 AM. By 10/23/2015, counsel shall provide direct-dial telephone numbers for the hearing to the Court's operations specialist, who will initiate the call. (yxp, ) |
| Filing 28 MINUTE entry before the Honorable Iain D. Johnston: Defendants' motion to dismiss #22 and motion for leave #23 set for presentment on 6/18/2015 at 9:00 AM is moved to the Court's regular motion call at 10:00 AM that same day. The initial status hearing previously set for 6/18/2015 at 9:00 AM is moved to 10:00 AM that same day to coincide with presentment of defendants' motions. (yxp, ) |
| Filing 27 STATUS Report Jointly filed by Frank Darnell, Robert Koopman, Precision Dose Properties, Inc. (Sullivan, Scott) |
| Filing 26 Response to complaint in lieu of ANSWER to Complaint by Cup Pac Packaging, Inc., Precision Dose, Inc.(Reilly, William) |
| Filing 25 JURY Demand (Sullivan, Scott) |
| Filing 24 NOTICE of Motion by Scott Collins Sullivan for presentment of Motion to Dismiss for Failure to State a Claim #22 , motion for leave to file #23 before Honorable Iain D. Johnston on 6/18/2015 at 09:00 AM. (Sullivan, Scott) |
| Filing 23 MOTION by Defendants Frank Darnell, Robert Koopman, Precision Dose Properties, Inc. for leave to file Brief in Excess of 15 Pages (Attachments: #1 Exhibit A)(Sullivan, Scott) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Sullivan, Scott) |
| Filing 21 MINUTE entry before the Honorable Iain D. Johnston: The motion for an extension of time #19 is granted. Answers from all defendants are now due 6/12/2015. The presentment of the motion and the initial status hearing set for 5/21/2015 are stricken and no appearances are required on that date. Initial status hearing is reset to 6/18/2015 at 9:00AM. Joint initial status report is now due by 6/15/2015. (yxp, ) |
| Filing 20 NOTICE of Motion by Scott Collins Sullivan for presentment of extension of time #19 before Honorable Iain D. Johnston on 5/21/2015 at 09:00 AM. (Sullivan, Scott) |
| Filing 19 MOTION by Defendants Frank Darnell, Robert Koopman, Precision Dose Properties, Inc. for extension of time to Answer or Otherwise Respond to the Complaint (Sullivan, Scott) |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Precision Dose, Inc. (Reilly, William) |
| Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cup Pac Packaging, Inc. (Reilly, William) |
| Filing 16 ATTORNEY Appearance for Defendants Cup Pac Packaging, Inc., Precision Dose, Inc. by William A. Reilly, II (Reilly, William) |
| Filing 15 MINUTE entry before the Honorable Iain D. Johnston: Initial status hearing set for 5/21/2015 at 9:00 AM. Parties shall refer to Judge Johnston's web page at www.ilnd.uscourts.gov and file a joint status report by 5/15/2015 as set forth in the Initial Status Conferences procedure. Plaintiff is directed to notify any party filing an appearance to the entry of this order. (yxp, ) |
| Filing 14 MINUTE entry before the Honorable John Z. Lee:The status hearing previously set for 4/30/15 is stricken. Mailed notice (ca, ) |
| Filing 13 INTRA district transfer from the Eastern Division Division. Case assigned to Judge Honorable Frederick J. Kapala and Honorable Iain D. Johnston for all further proceedings. (jp, ) |
| Filing 12 TRANSFERRED the case record to the Western Division (cc, ) |
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Filing 11
ORDER: The Court grants Defendant's motion to transfer #9 and hereby transfers this case to the Western Division of the Northern District of Illinois in an expedited manner pursuant to 28 U.S.C. 1404(b) and 28 U.S.C. 93(a)(2). Signed by the Honorable John Z. Lee on 4/23/2015. Mailed notice (cc, )
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| Filing 10 NOTICE of Motion by Scott Collins Sullivan for presentment of motion to transfer case #9 before Honorable John Z. Lee on 4/30/2015 at 09:00 AM. (Sullivan, Scott) |
| Filing 9 MOTION by Defendants Frank Darnell, Robert Koopman, Precision Dose Properties, Inc. to transfer case to the Western Division (Attachments: #1 Exhibit A)(Sullivan, Scott) |
| Filing 8 Defendant Precision Dose Properties' Corporate Disclosure Statement by Frank Darnell, Robert Koopman, Precision Dose Properties, Inc. (Sullivan, Scott) |
| Filing 7 ATTORNEY Appearance for Defendants Frank Darnell, Robert Koopman, Precision Dose Properties, Inc. by Joel M. L. Huotari (Huotari, Joel) |
| Filing 6 ATTORNEY Appearance for Defendants Frank Darnell, Robert Koopman, Precision Dose Properties, Inc. by Scott Collins Sullivan (Sullivan, Scott) |
| Filing 5 MINUTE entry before the Honorable John Z. Lee:Initial status hearing set for 4/30/15 at 9:00 a.m. The parties are directed to file an initial status report as set forth in the Judge's standing order four business days prior to the status hearing.Mailed notice (ca, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Samuel Toscano, Jr. by Benjamin Guthrie Stewart (Stewart, Benjamin) |
| Filing 3 ATTORNEY Appearance for Plaintiff Samuel Toscano, Jr. by Erik J. Ives (Ives, Erik) |
| Filing 2 CIVIL Cover Sheet (Ives, Erik) |
| Filing 1 COMPLAINT filed by Samuel Toscano, Jr.; Filing fee $ 400, receipt number 0752-10436440. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ives, Erik) |
| CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Susan E. Cox. (jn, ) |
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