Medline Industries, Inc. v. Diversey, Inc. et al
| Medline Industries, Inc. |
| Diversey, Inc. and Wypetech, LLC. |
| 1:2020cv04424 |
| July 28, 2020 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cummings |
| Ronald A Guzman |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 105 MINUTE entry before the Honorable Ronald A. Guzman: Attorney Ryan Downton's motion to appear pro hac vice #104 on behalf of Diversey, Inc. and Wypetech, LLC is granted. Mailed notice. (kp, ) |
| Filing 104 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17467454. (Downton, Ryan) |
| Filing 103 REPLY by Plaintiff Medline Industries, Inc. to motion for discovery #74 Medline's Reply In Support of Its Motion for Leave to Issue Jurisdictional Discovery (Lynch, Daniel) |
| Filing 102 AMENDED Answer by Wypetech, LLC. to PLAINTIFF MEDLINE INDUSTRIES, INC.'S amended complaint #41 DEFENDANT WYPETECH, LLC'S AMENDED ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM, COUNTERCLAIM filed by Wypetech, LLC. against Medline Industries, Inc. . (Zabaneh, Sean) |
| Filing 101 MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff has filed an emergency motion to compel #84 and a supplement to its motion seeking additional relief #89 . Defendants have filed a response to the motion #92 , a response to plaintiff's supplement #93 , and a supplemental response to plaintiff's supplement #98 . Plaintiff's emergency motion is granted in part. Plaintiff sought three elements of relief in its motion (as supplemented). First, defendants initially produced the Wypetech/Diversey purchase agreement with each page of the 215 page agreement marked as "attorneys' eyes only" (AEO) and plaintiff seeks to have the agreement produced without any AEO designations. Defendants assert that their initial production designating the entire agreement as AEO was inadvertent and they represent that they have produced another far less redacted version of the agreement (only 9 of the 215 pages are designated as AEO) during the morning of 9/16/20. In light of defendants' representation that the limited portions of the agreement now designated as AEO contain highly sensitive commercial information regarding its top 10 material customers and top 10 material suppliers [98 at 1-2], the Court finds that this issue is resolved and it will order no further relief regarding the agreement at this time. Second, plaintiff seeks to have defendants produce the table constituting its answer to plaintiff's interrogatory no.1 in native format. Defendants have agreed to produce the requested data in native format but they had not done so as of the time plaintiff filed its reply on 9/15/20. Defendants are ordered to produced the requested data in native format by noon on 9/17/20 if they have not done so already. Third, plaintiff seeks an order requiring defendants to remove AEO designation from the customer names and number of Wypetech wipes purchased listed in its answer to plaintiff's interrogatory No. 1. Plaintiff asserts that it already knows the identity of almost all of Wypetech's customers. Plaintiff also asserts that plaintiff's counsel will need assistance from plaintiff's personnel to understand technical issues concerning the production of the disinfectant wipes at issue and that counsel's effectiveness will be impaired if plaintiff's personnel are required to leave the deposition during questioning concerning any information falling within the current AEO designations. Defendants do not dispute that plaintiff already knows the identify of almost all of Wypetech's customers. Instead, defendants assert that they are entitled to shield the identify of Wypetech's customers under an AEO designation because plaintiff is a "potential competitor" of Wypetech [92 at 9]. The Court is not persuaded, and it instead credits plaintiff's assertion that it is not trying to build a manufacturing operation so that it can sell wipes to Wypetech's customers but it is simply trying to replace the supply of Medline-branded disinfectant wipes that it lost as a consequence of the dispute that spawned this lawsuit. Thus, unlike plaintiff and Diversey, plaintiff and Wypetech are not competitors. Accordingly, the Court will order defendants to remove the AEO designations from its interrogatory responses relating to Wypetech customers and to treat these interrogatories responses as "confidential." Finally, the Court agrees with defendants that the parties did not exhaust their meet and confer efforts with respect to the subject matter of this motion prior to its filing. While this might ordinarily be a problem leading to the summary denial of the motion, the Court excuses plaintiff's non-compliance in this instance given the impending deposition of Pete Melchior and the tight time frame that the parties are operating under per the Court's orders. Mailed notice (cc, ) |
| Filing 100 MINUTE entry before the Honorable Jeffrey Cummings: In its 9/1/20 order #72 , this Court ordered defendants to provide plaintiff with a more specific statement identifying the testimony that they are seeking in response to topic 17 of their Rule 30(b)(6) notice. In response to the Court's order, defendants revised topic 17 of their notice as follows: The knowledge of any Medline employee regarding the statements set forth in any of the eight customer declarations attached to report submitted by Tamara L. Awald, dated August 24, 2020, that concern any of the customers' respective ordering and usage of the wipe products at issue, and the impacts of potential impacts of any shortage of such products; and whether any such customer(s) communicated anything regarding the impacts or potential impacts of any shortage of wipes to Medline employees during the ordinary course of business. Plaintiff objects to topic 17 as revised and it filed a motion to enforce this Court's 9/1/20 order #77 . Plaintiff's objection is sustained and its motion is granted to the following extent. Rule 30(b)(6) authorizes litigants to name a business entity as a deponent. Beloit Liquidating Tr. V. Century Indem. Co., No. 02 C 50037, 2003 WL 355743, at *2 (N.D.Ill. Feb. 13, 2003). Thus, "[i]n providing a Rule 30(b)(6) witness, the business entity is presenting testimony not of the knowledge or opinion of the deponent, but that of the business entity" (id., at *3), and the business entity has a duty "to designate an individual to testify on behalf of the corporation who has knowledge responsive to subjects requested in the Rule 30(b)(6) requests of its opponents." Id., at 2. The problem with the revised version of topic 17 is that it seeks the "knowledge of any Medline employee" rather than the "knowledge of Medline" regarding the customer declarations. To comply with topic 17 in its current form, Medline might (as it fears) be required to provide the testimony of eight individuals to properly respond because each Medline customer is served by more than one sales representative or customer service representative. To avoid this potential problem, the Court will modify topic 17 to substitute "knowledge of Medline" for "knowledge of any Medline employee." Medline has the duty to make a conscientious good faith effort to designate a person (or persons) who can provide testimony regarding "the facts within the knowledge of [Medline] and [Medline's] opinions and subjective beliefs" regarding the subject matter of topic 17. Id., at *3; Seaga Mfg., Inc. v. Intermatic Mfg. Ltd., No. 13 C 50041, 2013 WL 3672964, at *2 (N.D.Ill. July 12, 2013). Mailed notice (cc, ) |
| Filing 99 MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff's motion for leave to file supplemental appendix under seal #90 is granted. Mailed notice (cc, ) |
| Filing 98 RESPONSE by Defendants Diversey, Inc., Wypetech, LLC. to motion to supplement, #89 DEFENDANTS' SUPPLEMENTAL RESPONSE IN OPPOSITION TO PLAINTIFF'S SUPPLEMENT TO EMERGENCY MOTION TO COMPEL (Dkt. 89) REGARDING ISSUES PREVIOUSLY ADDRESSED BY THE COURT RELATED TO THE WYPETECH/DIVERSEY PURCHASE AGREEMENT (Zabaneh, Sean) |
| Filing 97 REPLY by Plaintiff Medline Industries, Inc., Counter Defendant Medline Industries, Inc. to motion to enforce, #77 (Thompson, James) |
| Filing 96 REPLY by Plaintiff Medline Industries, Inc., Counter Defendant Medline Industries, Inc. to motion to compel, #84 (Thompson, James) |
| Filing 95 SEALED DOCUMENT by Plaintiff Medline Industries, Inc. Sealed Corrected Appendix re Dkt 85 (Lynch, Daniel) |
| Filing 94 SEALED DOCUMENT by Plaintiff Medline Industries, Inc. Supplemental Appendix Part 1 and (Attachments: #1 Appendix Supplemental Appendix Part 2)(Lynch, Daniel) |
| Filing 93 RESPONSE by Diversey, Inc., Wypetech, LLC.in Opposition to MOTION by Plaintiff Medline Industries, Inc. to supplement Medline's Supplement to Emergency Motion to Compel (Dkt. 84) Regarding Issues Previously Addressed By The Court Related to The Wypetech/Diversey Purchase Agreement #89 DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S SUPPLEMENT TO EMERGENCY MOTION TO COMPEL (Dkt. 89) REGARDING ISSUES PREVIOUSLY ADDRESSED BY THE COURT RELATED TO THE WYPETECH/DIVERSEY PURCHASE AGREEMENT (Zabaneh, Sean) |
| Filing 92 RESPONSE by Diversey, Inc., Wypetech, LLC.in Opposition to MOTION by Plaintiff Medline Industries, Inc. to compel Medline's Emergency Motion to Compel: (1) Redesignation of Certain AEO Materials as "Confidential"; and (2) A Native Form of Wypetech's Interrogatory Answer #84 DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S EMERGENCY MOTION TO COMPEL (1) REDESIGNATION OF CERTAIN AEO MATERIALS AS "CONFIDENTIAL"; AND (2) A NATIVE FORM OF WYPETECH'S INTERROGATORY ANSWER (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Zabaneh, Sean) |
| Filing 91 RESPONSE by Diversey, Inc., Wypetech, LLC.in Opposition to MOTION by Plaintiff Medline Industries, Inc. to enforce Medline's Motion to Enforce this Court's September 1, 2020 Order Related to Topic 17 of Defendants' Rule 30(b)(6) Notice #77 DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO ENFORCE THIS COURT'S SEPTEMBER 1, 2020 ORDER RELATED TO TOPIC 17 OF DEFENDANTS' RULE 30(b)(6) NOTICE (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Zabaneh, Sean) |
| Filing 90 MOTION by Plaintiff Medline Industries, Inc. to seal document sealed document, #85 Medline's Motion for Leave to File Supplemental Appendix Under Seal (Lynch, Daniel) |
| Filing 89 SUPPLEMENT by Plaintiff Medline Industries, Inc. Medline's Supplement to Emergency Motion to Compel (Dkt. 84) Regarding Issues Previously Addressed By The Court Related to The Wypetech/Diversey Purchase Agreement (Lynch, Daniel) (Docket Text Modified by Clerk's Office on 9/16/2020) (pj, ). |
| Filing 88 MINUTE entry before the Honorable Jeffrey Cummings: Defendants are ordered to respond to plaintiff's emergency motion to compel: (1) redesignation of certain AEO materials as "confidential"; and (2) a native form of Wypetech's interrogatory answer on or before 5:00 p.m. on 9/15/20. Mailed notice (cc, ) |
| Filing 87 MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff's motion for leave to file appendix under seal #83 is granted. Mailed notice (cc, ) |
| Filing 86 STATEMENT by Plaintiff Medline Industries, Inc.in Support of MOTION by Plaintiff Medline Industries, Inc. for discovery Motion for Leave to Issue Jurisdictional Discovery #74 Medline's Statement of Intent to File Reply in Support of Its Motion for Jurisdictional Discovery (Lynch, Daniel) |
| Filing 85 SEALED DOCUMENT by Plaintiff Medline Industries, Inc. Medline's Emergency Motion to Compel: (1) Redesignation of Certain AEO Materials as "Confidential"; and (2) A Native Form of Wypetech's Interrogatory Answer (Attachments: #1 Appendix)(Lynch, Daniel) |
| Filing 84 MOTION by Plaintiff Medline Industries, Inc. to compel Medline's Emergency Motion to Compel: (1) Redesignation of Certain AEO Materials as "Confidential"; and (2) A Native Form of Wypetech's Interrogatory Answer (Lynch, Daniel) |
| Filing 83 MOTION by Plaintiff Medline Industries, Inc. to seal document Medline's Motion for Leave to File Appendix Under Seal In Support of Its Emergency Motion to Compel (Lynch, Daniel) |
| Filing 82 MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff has filed a motion to enforce this Court's September 1, 2020 order related to topic 17 of defendants' Rule 30(b)(6) notice #77 . Defendants have sought leave to file a written response to this motion on or before 9/14/20. The Court orders defendants to file a response to plaintiff's motion by the close of business on 9/15/20 in which they provide a more specific statement of the knowledge that they seek for plaintiff's Rule 30(b)(6) witness to provide in response to topic 17 of their notice. If defendants do not provide a more specific statement than is referenced in paragraph five on page two of plaintiff's motion, the Court will be inclined to simply strike topic 17 from defendants' notice and bar any questions concerning the subject matter. Mailed notice (cc, ) |
| Filing 81 RESPONSE by Diversey, Inc.in Opposition to MOTION by Plaintiff Medline Industries, Inc. for discovery Motion for Leave to Issue Jurisdictional Discovery #74 DEFENDANT DIVERSEY, INC.'S RESPONSE IN OPPOSITION TO MEDLINE'S MOTION FOR LEAVE TO ISSUE JURISDICTIONAL DISCOVERY (Attachments: #1 Exhibit Exhibits A & B)(Zabaneh, Sean) |
| Filing 80 RESPONSE by Diversey, Inc.in Support of MOTION by Defendant Diversey, Inc. to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Diversey, Inc. DEFENDANT DIVERSEY, INC.'S MOTION TO DISMISS AMENDED COMPLAINT #46 DEFENDANT DIVERSEY, INC.'S REPLY IN FURTHER SUPPORT OF MOTION TO DISMISS FIRST AMENDED COMPLAINT (Zabaneh, Sean) |
| Filing 79 RESPONSE by Defendants Diversey, Inc., Wypetech, LLC. to motion for discovery #74 DEFENDANTS' POSITION STATEMENT AND REQUEST FOR BRIEFING ON PLAINTIFF'S MOTION FOR LEAVE TO ISSUE JURISDICTIONAL DISCOVERY (Zabaneh, Sean) |
| Filing 78 RESPONSE by Defendants Diversey, Inc., Wypetech, LLC. to motion to enforce, #77 DEFENDANTS' POSITION STATEMENT AND REQUEST FOR BRIEFING ON PLAINTIFF'S MOTION TO ENFORCE THIS COURT'S SEPTEMBER 1, 2020 ORDER RELATED TO TOPIC 17 OF DEFENDANTS' RULE 30(B)(6) NOTICE (Zabaneh, Sean) |
| Filing 77 MOTION by Plaintiff Medline Industries, Inc. to enforce Medline's Motion to Enforce this Court's September 1, 2020 Order Related to Topic 17 of Defendants' Rule 30(b)(6) Notice (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lynch, Daniel) |
| Filing 76 MINUTE entry before the Honorable Ronald A. Guzman: Defendant Diversey, Inc.'s unopposed motion for an extension of time until 9/10/2020 to file a reply brief on its motion to dismiss #75 is granted. Mailed notice. (kp, ) |
| Filing 75 MOTION by Defendant Diversey, Inc. for extension of time to file response/reply as to motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim #46 DIVERSEY, INC.'S UNOPPOSED MOTION FOR TWO-DAY EXTENSION OF TIME TO FILE REPLY TO MEDLINE INDUSTRIES, INC.'S RESPONSE TO MOTION TO DISMISS AMENDED COMPLAINT (Zabaneh, Sean) |
| Filing 74 MOTION by Plaintiff Medline Industries, Inc. for discovery Motion for Leave to Issue Jurisdictional Discovery (Attachments: #1 Exhibit, #2 Exhibit)(Lynch, Daniel) |
| Filing 73 RESPONSE by Medline Industries, Inc.in Opposition to MOTION by Defendant Diversey, Inc. to dismiss for lack of jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Diversey, Inc. DEFENDANT DIVERSEY, INC.'S MOTION TO DISMISS AMENDED COMPLAINT #46 (Lynch, Daniel) |
| Filing 72 MINUTE entry before the Honorable Jeffrey Cummings: Telephonic status conference regarding expedited discovery held and continued until 11/10/20 at 10:00 a.m. Expedited discovery shall close on 10/14/20. For the reasons discussed in open court, defendants are precluded from taking the depositions of the declarants upon which plaintiff's expert relies upon in support of her report. Regarding defendants' 30(b)(6) witness notice, plaintiff shall produce a statement on 9/28/20 responding to topic #15 in lieu of presenting a witness to address that topic, and, by 9/4/20, defendants shall provide plaintiff with a more specific statement identifying the testimony that they are seeking in response to topic #17. Plaintiff and defendants shall make their respective productions of non-privilege documents by 9/8/20. Defendants shall make an initial production of non-privilege documents culled during its privilege review by 9/16/20, disclose their expert witness and produce their expert report by 9/28/20, complete their privilege review and production of any additional non-privilege documents by 9/30/20, and produce a privilege log by 10/7/20. The Court further orders that defendants shall complete the depositions of Deb Coligado and plaintiff's 30(b)(6) witness during the week of 9/28/20. Plaintiff shall take the deposition of defendants' expert(s) by 10/1/20. Finally, plaintiff shall supplement its memorandum in support of its motion for a preliminary injunction by 10/21/20; defendants shall file their responsive memorandum by 10/30/20; and plaintiff shall file its reply brief by 11/6/20. The call-in number for the hearing is (888) 684-8852 and the access code is 3997645. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (cc, ) |
| Filing 71 STATUS Report re Rule 30(b)(6) Requests - Corrected by Medline Industries, Inc. (Attachments: #1 Exhibit 1)(Thompson, James) |
| Filing 70 STATUS Report re: Rule 30(b)(6) Requests by Medline Industries, Inc. (Thompson, James) |
| Filing 69 MEMORANDUM by Medline Industries, Inc. Regarding Common Interest Privilege Issues Raised in Status Hearing and Parties' Memoranda (Lynch, Daniel) |
| Filing 68 RESPONSE by Medline Industries, Inc. to MOTION by Defendants Diversey, Inc., Wypetech, LLC. for leave to file DEFENDANTS' MOTION FOR LEAVE TO SUPPLEMENT RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER TO LIMIT THE SCOPE OF INTERROGATORY NO. 6 AND OTHER DISCOVERY #62 (Lynch, Daniel) |
| Filing 67 MEMORANDUM by Medline Industries, Inc. in Response to Defendants' Exhibit A Regarding Request for Discovery Related to Materials Relied Upon by Medline's Expert (Lynch, Daniel) |
| Filing 66 Defendant, Wypetech's ANSWER to amended complaint , and COUNTERCLAIM filed by Wypetech, LLC. against Medline Industries, Inc. DEFENDANT WYPETECH, LLC'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR INJUNCTIVE AND OTHER RELIEF, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM. by Wypetech, LLC.(Zabaneh, Sean) |
| Filing 65 MINUTE entry before the Honorable Ronald A. Guzman: Plaintiff's motion for extension of time #64 to file response to Defendant's motion to dismiss amended complaint #46 up to and including September 2, 2020 is granted. Mailed notice. (kp, ) |
| Filing 64 MOTION by Plaintiff Medline Industries, Inc. for extension of time to file response/reply as to motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim #46 (Thompson, James) |
| Filing 63 MINUTE entry before the Honorable Jeffrey Cummings: Telephonic status conference regarding expedited discovery held and continued until 9/1/20 at 11:00 a.m. For the reasons discussed in open court, the parties will exclude the terms "draft" and "diligence" from their privilege screen search protocol. Furthermore, defendants are permitted to use the first names of their attorneys within their search protocol with the exception of those first names that are common to lawyers and non-lawyers as specified in the parties' 8/26/20 joint status report and defendants shall remove the support staff members' names from their protocol. At the 9/1/20 status hearing, defendants shall inform the Court regarding how many document hits resulted their use of the privilege screen protocol and provide a reasonable estimation of the amount of time that it will take to complete the initial review of these documents. Plaintiff will make their initial production of non-privilege documents by 8/31/20; file a response to defendants' position statement regarding third-party customer discovery that is attached as Exhibit A to the parties' 8/26/20 joint status report; complete its privilege review of the culled documents by 9/2/20; perform a search on Andy Mills email box and produce those documents by 9/4/20; and a provide a privilege log by 9/8/20. The Court further orders that defendants are to make Pete Melchior be available for his deposition during the week of 9/14/20 and that defendants shall complete the deposition of Deb Coligado during the week of 9/14/20. The call-in number for the hearing is (888) 684-8852 and the access code is 3997645. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (cc, ) |
| Filing 62 MOTION by Defendants Diversey, Inc., Wypetech, LLC. for leave to file DEFENDANTS' MOTION FOR LEAVE TO SUPPLEMENT RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER TO LIMIT THE SCOPE OF INTERROGATORY NO. 6 AND OTHER DISCOVERY RELATING TO CUSTOMER IDENTITIES INSTANTER (Attachments: #1 Exhibit A)(Zabaneh, Sean) |
| Filing 61 RESPONSE by Defendants Diversey, Inc., Wypetech, LLC. to memorandum #60 DEFENDANTS' RESPONSE TO MEDLINE'S MEMORANDUM REGARDING COMMON INTEREST PRIVILEGE POSITIONS IN JOINT STATUS REPORT ON DISCOVERY (Zabaneh, Sean) |
| Filing 60 MEMORANDUM status report #58 by Medline Industries, Inc. (Thompson, James) |
| Filing 59 NOTICE by Medline Industries, Inc. re status report #58 Joint Status Report On Discovery (Lynch, Daniel) |
| Filing 58 STATUS Report Joint Status Report On Discovery by Medline Industries, Inc. (Attachments: #1 Exhibit)(Lynch, Daniel) |
| Filing 57 AGREED CONFIDENTIALITY Order Signed by the Honorable Jeffrey Cummings on 8/25/2020. Mailed notice(cc, ) |
| Filing 56 TRANSCRIPT OF PROCEEDINGS held on 8/21/2020 before the Honorable Jeffrey Cummings. Order Number: 39060. Court Reporter Contact Information: Amy Spee, amyofficialtranscripts@gmail.com. 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 9/14/2020. Redacted Transcript Deadline set for 9/24/2020. Release of Transcript Restriction set for 11/23/2020. (Spee, Amy) |
| Filing 55 MINUTE entry before the Honorable Jeffrey Cummings: Telephonic status conference regarding expedited discovery held and continued until 8/27/20 at 11:45 a.m. Pursuant to the parties' request and for the reasons discussed in open court, the Court will enter a confidentiality order with an "attorneys' eyes" only provision. Plaintiff is ordered to submit the report of its expert, Tamara Awald, to defendants by 8/24/20 and she shall be made available for a deposition by defendants on or before 9/21/20. Defendants must disclose and present the report of any expert they intend to rely upon for the preliminary injunction proceedings to plaintiff by 9/21/20. As discussed in open court, defendants are ordered to provide plaintiff by 8/24/20 with a list of proposed search terms that will enable the parties to screen the documents that are otherwise responsive to the opposing parties' document requests to identify documents that are potentially protected by a privilege. The parties are ordered to meet and confer and agree to a common list of search terms to be used for such screening purposes. Defendants' objection to producing their "acquisition documents" is overruled. Defendants' objection to producing documents from the email mailbox of attorney Terilyn Dumas is sustained. Defendants' request to engage in third-party discovery in preparation for the preliminary injunction proceedings is denied. Plaintiff's response to defendants' requests for production is limited to a search of custodians Deb Coligado, Tess Feeney, Tuwanna Bradford, Megan Henken for the period of 1/1/19 through 8/20, and Andy Mills (with the limitations discussed in open court). Defendants are encouraged to limit their search terms to reduce the volume of documents that will be produced pursuant to their document requests. The parties are ordered to file a joint status report on expedited discovery on or before noon on 8/26/20. The parties should also include within their report when they will be ready to produce the documents that are responsive to the opposing parties' document request and a proposed schedule (or competing proposed schedules) for the preliminary injunction proceedings. The call-in number for the hearing is (888) 684-8852 and the access code is 3997645. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (cc, ) |
| Filing 54 RESPONSE by Diversey, Inc., Wypetech, LLC.in Opposition to MOTION by Plaintiff Medline Industries, Inc. for protective order Plaintiff's Motion for Protective Order to Limit the Scope of Interrogatory No. 6 and Other Discovery Relating to Customer Identities #31 DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR PROTECTIVE ORDER TO LIMIT THE SCOPE OF INTERROGATORY NO. 6 AND OTHER DISCOVERY RELATING TO CUSTOMER IDENTITIES (Zabaneh, Sean) |
| Filing 53 NOTICE by All Plaintiffs re memorandum #51 Memorandum on Discovery Status Pursuant to This Court's August 14, 2020 Order (Lynch, Daniel) |
| Filing 52 MEMORANDUM by Diversey, Inc., Wypetech, LLC. DEFENDANTS' MEMORANDUM REGARDING EXPEDITED DISCOVERY (Attachments: #1 Exhibit A-I)(Zabaneh, Sean) |
| Filing 51 MEMORANDUM by Medline Industries, Inc. Memorandum on Discovery Status Pursuant to This Court's August 14, 2020 Order (Lynch, Daniel) |
| Filing 50 ATTORNEY Appearance for Defendants Diversey, Inc., Wypetech, LLC. by Brian A McAleenan (McAleenan, Brian) |
| Filing 49 MINUTE entry before the Honorable Ronald A. Guzman: Defendant Diversey, Inc.'s emergency motion for expedited treatment of its motion to dismiss the amended complaint #48 is granted in part. On Diversey's motion to dismiss #46 , plaintiff may respond by 8/31/2020, and Diversey may reply by 9/8/2020. Mailed notice. (kp, ) |
| Filing 48 MOTION by Defendant Diversey, Inc. to expedite DIVERSEY, INC.'S EMERGENCY MOTION FOR EXPEDITED TREATMENT OF MOTION TO DISMISS THE AMENDED COMPLAINT (Zabaneh, Sean) |
| Filing 47 MEMORANDUM by Diversey, Inc. in support of motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim #46 DEFENDANT DIVERSEY, INC.'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO DISMISS AMENDED COMPLAINT (Zabaneh, Sean) |
| Filing 46 MOTION by Defendant Diversey, Inc. to dismiss for lack of jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Diversey, Inc. DEFENDANT DIVERSEY, INC.'S MOTION TO DISMISS AMENDED COMPLAINT (Zabaneh, Sean) |
| Filing 45 MINUTE entry before the Honorable Ronald A. Guzman: Defendants' motion to dismiss the complaint #25 is denied as moot in light of plaintiff's filing of an amended complaint. Defendants may plead to the amended complaint by 8/28/2020. Mailed notice. (kp, ) |
| Filing 44 NOTICE by All Plaintiffs re response to motion #43 (Lynch, Daniel) |
| Filing 43 RESPONSE by Medline Industries, Inc. to MOTION by Defendants Wypetech, LLC., Diversey, Inc. to dismiss for lack of jurisdiction #25 (Attachments: #1 Exhibit)(Lynch, Daniel) |
| Filing 42 NOTICE by All Plaintiffs re amended complaint #41 (Lynch, Daniel) |
| Filing 41 First AMENDED complaint by Medline Industries, Inc. against All Defendants (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lynch, Daniel) |
Filing 40
ORDER Signed by the Honorable Jeffrey Cummings on 8/14/2020. Mailed notice (cc, )
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| Filing 39 MINUTE entry before the Honorable Jeffrey Cummings: For the reasons stated in the attached Order, plaintiff's emergency motion for expedited discovery and to set schedule for preliminary injunction #9 and plaintiff's motion for leave to file instanter its reply in support of its emergency notion for expedited discovery and to set schedule for preliminary injunction #19 are granted, and plaintiff's motion for leave to file a response to defendants' memorandum regarding plaintiff's proposed discovery instanter #33 is denied. Defendants are ordered to answer plaintiff's interrogatories and to make Pete Melchior available for deposition by 9/4/20. Plaintiff and defendants are ordered to file memorandums by noon on 8/20/20 that address their positions regarding the parties' remaining disputes about the scope of expedited discovery that should be allowed. This matter is set for a telephonic hearing on 8/21/20 at 9:30 a.m. to address the parties' remaining disputes and to schedule further proceedings related to plaintiff's motion for a preliminary injunction. The call-in number for the hearing is (888) 684-8852 and the access code is 3997645. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (cc, ) |
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Filing 38
TRANSCRIPT OF PROCEEDINGS held on 8/4/2020 before the Honorable Jeffrey Cummings. Order Number: 38997. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
| Filing 37 RESPONSE by Diversey, Inc., Wypetech, LLC.in Opposition to MOTION by Plaintiff Medline Industries, Inc. for protective order Plaintiff's Motion for Protective Order to Limit the Scope of Interrogatory No. 6 and Other Discovery Relating to Customer Identities #31 DEFENDANTS' POSITION STATEMENT AND REQUEST FOR BRIEFING ON PLAINTIFF'S MOTION FOR PROTECTIVE ORDER TO LIMIT THE SCOPE OF INTERROGATORY NO. 6 AND OTHER DISCOVERY RELATING TO CUSTOMER IDENTITIES (Zabaneh, Sean) |
| Filing 36 MINUTE entry before the Honorable Ronald A. Guzman: Defendants' emergency motion for expedited treatment of their motion to stay discovery #34 is granted. Defendants' motion to stay discovery #27 is denied. After reviewing defendants' motion to dismiss and memorandum in support, the Court is not persuaded of the likelihood that the motion to dismiss will dispose of the entire case. Conversely, the discovery undertaken here will likely be applicable in the event that the case has to be refiled elsewhere, and will promote expeditious resolution of the case. On defendants' motion to dismiss #25 , plaintiff may respond by 8/25/2020, and defendants may reply by 9/8/2020. The Court will rule electronically. Mailed notice. (kp, ) |
| Filing 35 RESPONSE by Diversey, Inc., Wypetech, LLC.in Opposition to MOTION by Plaintiff Medline Industries, Inc. for leave to file Plaintiff's Motion for Leave to File Response to Defendants' Memorandum Regarding Plaintiff's Proposed Discovery Instanter #33 (Zabaneh, Sean) |
| Filing 34 MOTION by Defendants Diversey, Inc., Wypetech, LLC. to expedite DEFENDANTS' EMERGENCY MOTION FOR EXPEDITED TREATMENT OF THEIR MOTION TO STAY DISCOVERY (Zabaneh, Sean) |
| Filing 33 MOTION by Plaintiff Medline Industries, Inc. for leave to file Plaintiff's Motion for Leave to File Response to Defendants' Memorandum Regarding Plaintiff's Proposed Discovery Instanter (Attachments: #1 Exhibit A)(Lynch, Daniel) |
| Filing 32 NOTICE by Medline Industries, Inc. re MOTION by Plaintiff Medline Industries, Inc. for protective order Plaintiff's Motion for Protective Order to Limit the Scope of Interrogatory No. 6 and Other Discovery Relating to Customer Identities #31 (Lynch, Daniel) |
| Filing 31 MOTION by Plaintiff Medline Industries, Inc. for protective order Plaintiff's Motion for Protective Order to Limit the Scope of Interrogatory No. 6 and Other Discovery Relating to Customer Identities (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lynch, Daniel) |
| Filing 30 NOTICE by Medline Industries, Inc. re reply, #29 (Lynch, Daniel) |
| Filing 29 REPLY by Plaintiff Medline Industries, Inc. to motion to expedite #9 Plaintiff's Reply in Support of Its Emergency Motion for Expedited Discovery and to Set Schedule on Motion for Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lynch, Daniel) |
| Filing 28 MEMORANDUM by Diversey, Inc., Wypetech, LLC. in support of motion to stay #27 (Zabaneh, Sean) |
| Filing 27 MOTION by Defendants Diversey, Inc., Wypetech, LLC. to stay (Zabaneh, Sean) |
| Filing 26 MEMORANDUM by Diversey, Inc., Wypetech, LLC. in support of motion to dismiss/lack of jurisdiction #25 (Zabaneh, Sean) |
| Filing 25 MOTION by Defendants Wypetech, LLC., Diversey, Inc. to dismiss for lack of jurisdiction (Zabaneh, Sean) |
| Filing 24 STATUS Report DEFENDANTS' MEMORANDUM REGARDING PLAINTIFF'S PROPOSED DISCOVERY by Diversey, Inc., Wypetech, LLC. (Attachments: #1 Exhibit 1-5)(Zabaneh, Sean) |
| Filing 23 NOTICE by Medline Industries, Inc. re status report, #22 Plaintiff's Memorandum on Discovery Pursuant to this Court's August 4, 2020 Order (Lynch, Daniel) |
| Filing 22 STATUS Report Plaintiff's Memorandum on Discovery Pursuant to this Court's August 4, 2020 Order by Medline Industries, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Lynch, Daniel) |
| Filing 21 MINUTE entry before the Honorable Jeffrey Cummings: Telephonic status conference held regarding plaintiff's motion for expedited discovery and to set schedule on motion for preliminary injunction. Plaintiff is ordered to serve upon defendants by 8/5/20 a revised version of the proposed expedited written and deposition discovery it seeks in advance of the preliminary injunction hearing. Defendants are ordered to serve upon plaintiff by 8/5/20 the proposed party discovery that they seek in advance of the preliminary injunction hearing. Defendants should also include within their submission a description of the type of third party discovery that they anticipate will be necessary after they receive plaintiff's responses to their discovery. Both sides are ordered to file a memorandum with the Court by 8/7/20 explaining the estimated time, effort, and expense that will be required to respond to party-related discovery proposed by the other side and they should attach as an exhibit to their memorandum the proposed discovery they served on 8/5/20. The Court will thereafter rule on plaintiff's motion. Mailed notice (cc, ) |
| Filing 20 NOTICE by Medline Industries, Inc. re MOTION by Plaintiff Medline Industries, Inc. to file instanter Medline's Reply in Support of Its Emergency Motion to Expedited Discovery and to Set Schedule on Motion for Preliminary Injunction #19 (Lynch, Daniel) |
| Filing 19 MOTION by Plaintiff Medline Industries, Inc. to file instanter Medline's Reply in Support of Its Emergency Motion to Expedited Discovery and to Set Schedule on Motion for Preliminary Injunction (Attachments: #1 Exhibit)(Lynch, Daniel) |
| Filing 18 RESPONSE by Diversey, Inc., Wypetech, LLC. to MOTION by Plaintiff Medline Industries, Inc. to expedite Discovery and to Set Schedule on Motion for Preliminary Injunction #9 (Zabaneh, Sean) |
| Filing 17 MINUTE entry before the Honorable Ronald A. Guzman: Attorney Sean S Zabaneh motion for leave to appear pro hac vice #16 on behalf of Diversey, Inc. and Wypetech, LLC is granted. Mailed notice. (kp, ) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17274076. Motion for Leave to Appear on Behalf of Defendants Diversey, Inc. and Wypetech, LLC (Zabaneh, Sean) |
| Filing 15 MINUTE entry before the Honorable Jeffrey Cummings: Telephonic status conference set for 9:30 a.m. on 8/4/20 to schedule and discuss the logistics for a hearing for plaintiff's motion for a preliminary injunction and to address plaintiff's motion for expedited discovery. Defendant is ordered to file a response to plaintiff's motion for expedited discovery by 4:30 p.m. on 8/3/20. The call-in number for the status hearing is (888) 684-8852 and the access code is 3997645. Members of the public and media will be able to call in to listen to this hearing. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (cc, ) |
| Filing 14 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Jeffrey Cummings pursuant to Local Rule 72.1.. Signed by Executive Committee on 7/30/20.(gcy, ) |
| Filing 13 ATTORNEY Appearance for Defendants Diversey, Inc., Wypetech, LLC. by Keith M St. Aubin (St. Aubin, Keith) |
| Filing 12 ATTORNEY Appearance for Defendants Diversey, Inc., Wypetech, LLC. by Richard Patrick Darke (Darke, Richard) |
| Filing 11 MINUTE entry before the Honorable Ronald A. Guzman: Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of the Honorable Jeffrey Cummings for the purposes of ruling on plaintiff's motion for expedited discovery and to set schedule on motion for preliminary injunction #9 and conducting necessary proceedings and issuing a Report and Recommendation on plaintiff's motion for preliminary injunction #7 . Mailed notice. (kp, ) |
| SUMMONS Issued as to Defendants Diversey, Inc., Wypetech, LLC. (ng, ) |
| Filing 9 MOTION by Plaintiff Medline Industries, Inc. to expedite Discovery and to Set Schedule on Motion for Preliminary Injunction (Attachments: #1 Exhibit, #2 Exhibit)(Lynch, Daniel) |
| Filing 8 MEMORANDUM by Medline Industries, Inc. in support of motion for preliminary injunction #7 (Attachments: #1 Exhibit)(Lynch, Daniel) |
| Filing 7 MOTION by Plaintiff Medline Industries, Inc. for preliminary injunction (Lynch, Daniel) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Lynch, Daniel) |
| Filing 5 ATTORNEY Appearance for Plaintiff Medline Industries, Inc. by Amy J. (Hansen) Kanarowski ((Hansen) Kanarowski, Amy) |
| Filing 4 ATTORNEY Appearance for Plaintiff Medline Industries, Inc. by James L. Thompson (Thompson, James) |
| Filing 3 ATTORNEY Appearance for Plaintiff Medline Industries, Inc. by Daniel Francis Lynch (Lynch, Daniel) |
| Filing 2 CIVIL Cover Sheet (Lynch, Daniel) |
| Filing 1 COMPLAINT filed by Medline Industries, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-17260137. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lynch, Daniel) |
| CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (daj, ) |
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