Kashkeesh v. Microsoft Corporation
| Mario A. Pena, Emad Kashkeesh, Beau Zanca and Michael Komorski |
| Microsoft Corporation |
| 1:2021cv03229 |
| June 16, 2021 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Manish S Shah |
| Andrea R Wood |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Defendant |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 104
MEMORANDUM Opinion and Order. Signed by the Honorable Manish S. Shah on 6/26/2023: Defendant's motion, #91 , is granted. Plaintiffs must arbitrate their claims against Microsoft and this case is stayed pending arbitration. The parties shall file a report on the status of arbitration proceedings on September 26, 2023. [For further detail see attached order.] Notices mailed. (psm, )
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Filing 103
REPLY by Defendant Microsoft Corporation to memorandum in opposition to motion #99 MICROSOFT CORPORATION'S REPLY IN SUPPORT OF ITS MOTION TO COMPEL ARBITRATION (Jacobs, Todd)
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Filing 102
DECLARATION regarding declaration, #93 Re-Filing of Sauerwein Declaration With The Correct Exhibit C (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Notice of Filing Notice of Re-Filing Sauerwein Declaration With The Correct Exhibit C)(Jacobs, Todd)
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Filing 101
MINUTE entry before the Honorable Manish S. Shah: The motion to stay discovery #95 is granted. Discovery is stayed pending a ruling on the motion to compel arbitration. The motion to compel arbitration will be fully briefed on 3/24/23, and the court expects to resolve that motion relatively quickly. This stay should be short. The harm to plaintiffs from a stay is minimal (notwithstanding the time that has already been lost); on the other hand, imposing the costs of discovery compliance on defendant while there remains a possibility that no discovery should occur in this court is a harm that is easily avoided. If, however, it takes longer than anticipated for this court to resolve the motion to compel arbitration, the balance of harm from delay may shift and the court will lift the stay. Defendant will be able of assert objections, and meet and confer over cost-effective discovery while the motion to compel arbitration is pending. For now, though, a blanket stay is appropriate. Notices mailed. (psm, )
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Filing 100
REPLY by Microsoft Corporation to memorandum #96 Microsoft Corporation's Reply In Support of Its Motion to Stay Discovery (Jacobs, Todd)
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Filing 99
MEMORANDUM by Emad Kashkeesh, Michael Komorski in Opposition to motion to compel #91 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kingsbury, Timothy)
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Filing 98
MEMORANDUM by Emad Kashkeesh, Michael Komorski in Opposition to motion to stay #95 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Declaration of Eugene Y. Turin)(Turin, Eugene)
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Filing 97
DECLARATION of M. Visser regarding motion to stay #95 , memorandum #96 Declaration of M. Visser in Support of Motion to Stay Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Jacobs, Todd)
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Filing 96
MEMORANDUM motion to stay #95 by Microsoft Corporation Memorandum in Support of Microsoft Corp.'s Motion to Stay Discovery (Jacobs, Todd)
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Filing 95
MOTION by Defendant Microsoft Corporation to stay Motion to Stay Discovery (Jacobs, Todd)
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Filing 94
DECLARATION of Rebecca Francis regarding memorandum #92 , motion to compel #91 Declaration of Rebecca Francis in Support of Microsoft Corp.'s Motion to Compel Arbitration (Jacobs, Todd)
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Filing 93
DECLARATION regarding memorandum #92 , motion to compel #91 Declaration of Peter Sauerwein in Support of Microsoft Corp.'s Motion to Compel Arbitration (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Jacobs, Todd)
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Filing 92
MEMORANDUM motion to compel #91 by Microsoft Corporation Memorandum of Law in Support of Microsoft Corp.'s Motion to Compel Arbitration. (Jacobs, Todd)
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Filing 91
MOTION by Defendant Microsoft Corporation to compel Motion to Compel Arbitration (Jacobs, Todd)
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Filing 90
MINUTE entry before the Honorable Manish S. Shah: Defendant's motion to compel arbitration is due 2/17/23, plaintiffs' response is due 3/10/23, and defendant's reply is due 3/24/23. Defendant's motion to stay discovery is due 2/17/23, plaintiffs' response 3/3/23, and defendants' reply is due 3/10/23. The court will rule on the motions by cm/ecf. Notices mailed. (psm, )
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Filing 89
STATUS Report Joint Status Report Regarding Microsoft's Intended Motion to Compel Individual Arbitration and Requests to Modify Case Schedule by Microsoft Corporation (Jacobs, Todd)
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Filing 88
MINUTE entry before the Honorable Manish S. Shah: Fact discovery closes 7/3/23. If defendant moves to compel arbitration, the parties shall submit a proposed briefing schedule by email to proposed_order_shah@ilnd.uscourts.gov, and file a status report with any requests to modify the case schedule. If no motion to compel arbitration is filed, the parties shall file a discovery progress report on 5/31/23. Notices mailed. (psm, )
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Filing 87
STATUS Report Joint Status Report by Emad Kashkeesh, Michael Komorski (Turin, Eugene)
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Filing 86
MINUTE entry before the Honorable Manish S. Shah: The parties' status report remains due 1/31/23. No appearance on 2/7/23 is necessary and the status hearing is stricken. Notices mailed. (psm, )
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Filing 85
ANSWER to amended complaint by Microsoft Corporation(Jacobs, Todd)
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Filing 84
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 12/29/2022: Mailed notice. (tg, )
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Filing 83
ORDER OF THE EXECUTIVE COMMITTEE. The Honorable Gary S. Feinerman will resign his Commission as a United States District Judge effective December 31, 2022. IT IS HEREBY ORDERED That the civil cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any civil case that was assigned to the Honorable Gary S. Feinerman and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable Manish S. Shah for all further proceedings. Honorable Gary Feinerman no longer assigned to the case. Signed by Executive Committee on 12/28/2022. (jg, )
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Filing 82
ORDER written by the Honorable Gary Feinerman on 12/13/2022: For the reasons set forth below, Defendant's motion to dismiss for lack of personal jurisdiction #64 is denied. Defendant shall answer the operative complaint by 1/3/2023 (not 12/27/2022, the date called for by the 11/7/2022 order #81 ).Mailed notice. (jlj, )
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Filing 81
MINUTE entry before the Honorable Gary Feinerman: Defendant shall answer the operative complaint 14 days after the court formally rules on its motion to dismiss. Rule 26(a)(1) disclosures shall be served by 12/9/2022. Written discovery requests shall be served by 1/6/2023. Motions to amend the pleadings and add new parties shall be filed by 5/2/2023. Fact discovery shall be completed by 7/3/2023. Plaintiffs' Rule 26(a)(2) disclosures shall be served by 7/28/2023. Plaintiffs shall move for class certification by 7/28/2023. Defendant's Rule 26(a)(2) disclosures shall be served by 9/15/2023. Experts shall be deposed by 10/15/2023. Dispositive motions shall be filed by 10/30/2023. The court endorses the parties' plan to coordinate discovery between the state and federal suits. The status hearing set for 11/9/2022 #78 is stricken and re-set for 2/7/2023 at 9:00 a.m. By 1/31/2023, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 2/7/2023 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 80
STATUS Report (Joint) by Microsoft Corporation (Jacobs, Todd)
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Filing 79
ATTORNEY Appearance for Defendant Microsoft Corporation by John E. Bucheit (Bucheit, John)
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Filing 78
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. The court indicated that Defendant's motion to dismiss #64 will be denied. A written order will follow shortly. Status hearing set for 11/9/2022 at 9:00 a.m. By 11/2/2022, the parties shall file a joint status report using the form on Judge Feinerman's web page on this District's website. Attorneys/Parties should appear for the 11/9/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 77
MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file #76 is granted. Defendant Microsoft may file under seal the designated materials, so long as it publicly files a redacted version of those materials. Mailed notice. (jlj, )
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Filing 76
MOTION by Defendant Microsoft Corporation for leave to file reply under seal (Jacobs, Todd)
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Filing 75
SEALED REPLY by Microsoft Corporation to MOTION by Defendant Microsoft Corporation to dismiss for lack of jurisdiction #64 (Attachments: #1 Exhibit 1 [Sealed])(Jacobs, Todd)
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Filing 74
REPLY by Defendant Microsoft Corporation to motion to dismiss/lack of jurisdiction #64 (Attachments: #1 Exhibit 1)(Jacobs, Todd)
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Filing 73
MINUTE entry before the Honorable Gary Feinerman:Motion to seal document #72 is granted. Plaintiffs may file under seal the designated materials, so long as they publicly file a redacted version of those materials.Mailed notice. (jlj, )
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Filing 72
MOTION by Plaintiffs Emad Kashkeesh, Michael Komorski to seal document sealed response, #71 (Turin, Eugene)
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Filing 71
SEALED RESPONSE by Emad Kashkeesh, Michael Komorski to MOTION by Defendant Microsoft Corporation to dismiss for lack of jurisdiction #64 (Attachments: #1 Exhibit A (under seal), #2 Exhibit B (under seal), #3 Exhibit C (under seal), #4 Exhibit D (under seal), #5 Exhibit E (under seal))(Turin, Eugene)
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Filing 70
MEMORANDUM by Emad Kashkeesh, Michael Komorski in Opposition to motion to dismiss/lack of jurisdiction #64 (redacted) (Attachments: #1 Declaration of Eugene Y. Turin, #2 Exhibit A (redacted), #3 Exhibit B (redacted), #4 Exhibit C (redacted), #5 Exhibit D (redacted), #6 Exhibit E (redacted))(Turin, Eugene)
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Filing 69
MINUTE entry before the Honorable Gary Feinerman:Motion to seal document #68 is granted. Defendant may file under seal the designated material, so long as it publicly files a redacted version of that material. Motion to dismiss for lack of jurisdiction #64 is entered and continued. A briefing schedule has already been set #59 . The status hearing set for 9/9/2022 #59 is stricken. Motion hearing set for 10/13/2022 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 68
MOTION by Defendant Microsoft Corporation to seal document exhibit #67 , SEALED MOTION by Defendant Microsoft Corporation (Sealed Memorandum of Law in Support of Motion to Dismiss) #66 (Attachments: #1 Declaration of Greg Clark in Support of Motion to Seal)(Jacobs, Todd)
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Filing 67
SEALED EXHIBIT by Defendant Microsoft Corporation (Sealed Exhibit B to Meal Declaration) regarding SEALED MOTION by Defendant Microsoft Corporation (Sealed Memorandum of Law in Support of Motion to Dismiss) #66 (Jacobs, Todd)
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Filing 66
SEALED MOTION by Defendant Microsoft Corporation (Sealed Memorandum of Law in Support of Motion to Dismiss) (Jacobs, Todd)
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Filing 65
MEMORANDUM by Microsoft Corporation in support of motion to dismiss/lack of jurisdiction #64 (Redacted) (Attachments: #1 Declaration of Greg Clark, #2 Declaration of Douglas Meal, #3 Exhibit A to Meal Declaration, #4 Exhibit B to Meal Declaration (Redacted))(Jacobs, Todd)
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Filing 64
MOTION by Defendant Microsoft Corporation to dismiss for lack of jurisdiction (Jacobs, Todd)
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Filing 63
REMAND with certified copy of order dated 06/29/2022 and letter to Circuit Court of Cook County via email. (rc, )
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Filing 62
MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 6/29/2022.Mailed notice.(jlj, )
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Filing 61
MINUTE entry before the Honorable Gary Feinerman: For the reasons set forth in the accompanying Memorandum Opinion and Order, Plaintiffs' motion to remand #36 is granted. Counts I and III of the second amended complaint #28 are severed from this lawsuit under Civil Rule 21 and remanded to the Circuit Court of Cook County, Illinois, under 28 U.S.C. 1447(c).Mailed notice. (jlj, )
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Filing 60
MINUTE entry before the Honorable Gary Feinerman: Given Defendant's intention #58 to file a renewed motion to dismiss and the court's entry of a schedule for filing and briefing that motion #59 , the motion to dismiss #32 is denied as moot.Mailed notice. (jlj, )
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Filing 59
MINUTE entry before the Honorable Gary Feinerman: At the parties' request, the following briefing schedule is entered. Defendant shall file its renewed motion to dismiss (which shall stand on its own and not incorporate by reference, in whole or in part, the earlier filed motion to dismiss #32 ) by 8/23/2022; Plaintiffs shall respond to the motion by 9/20/2022; Defendant shall reply by 10/4/2022. The status hearing set for 6/29/2022 #57 is stricken and re-set for 9/9/2022 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 58
STATUS Report (Joint) by Microsoft Corporation (Jacobs, Todd)
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Filing 57
MINUTE entry before the Honorable Gary Feinerman:By agreement #56 , the status hearing set for 4/25/2022 #52 is stricken and re-set for 6/29/2022 at 9:15 a.m. By 6/22/2022, the parties shall file a joint status report addressing: (1) the jurisdictional discovery they have completed thus far; (2) the jurisdictional discovery that remains to be taken; (3) whether they would like a settlement conference with the Magistrate Judge; and (4) whether there is a need for the 6/29/2022 status hearing. Attorneys/Parties should appear for the 6/29/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 56
STATUS Report (Joint) by Emad Kashkeesh, Michael Komorski (Turin, Eugene)
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Filing 55
DECLARATION of Shimul Sachdeva regarding memorandum in support of motion, #33 (Jacobs, Todd)
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Filing 54
MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file #53 is granted. Defendant shall file the declaration as a separate docket entry.Mailed notice. (jlj, )
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Filing 53
MOTION by Defendant Microsoft Corporation for leave to file Declaration of Shimul Sachdeva (Attachments: #1 Exhibit A)(Jacobs, Todd)
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Filing 52
MINUTE entry before the Honorable Gary Feinerman: By agreement #51 , the status hearing set for 3/28/2022 #47 is stricken and re-set for 4/25/2022 at 9:15 a.m. By 4/18/2022, the parties shall file a joint status report addressing: (1) the jurisdictional discovery they have completed thus far; (2) the jurisdictional discovery that remains to be taken; (3) whether they would like a settlement conference with the Magistrate Judge; and (4) whether there is a need for the 4/25/2022 status hearing. Attorneys/Parties should appear for the 4/25/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 51
STATUS Report (Joint) by Emad Kashkeesh, Michael Komorski (Turin, Eugene)
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Filing 50
NOTICE by Emad Kashkeesh, Michael Komorski of Supplemental Authority (Attachments: #1 Exhibit A)(Kingsbury, Timothy)
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Filing 49
STIPULATION AND ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION Signed by the Honorable Gary Feinerman on 2/17/2022.Mailed notice.(jlj, )
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Filing 48
PROTECTIVE Order Signed by the Honorable Gary Feinerman on 2/17/2022.Mailed notice.(jlj, )
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Filing 47
MINUTE entry before the Honorable Gary Feinerman:Given the status report #46 , the status hearing set for 2/22/2022 #45 is stricken and re-set for 3/28/2022 at 9:00 a.m. By 3/21/2022, the parties shall file a joint status report addressing: (1) the jurisdictional discovery they have completed thus far; (2) the jurisdictional discovery that remains to be taken; (3) whether they would like a settlement conference with the Magistrate Judge; and (4) whether there is a need for the 3/28/2022 status hearing. Attorneys/Parties should appear for the 3/28/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 46
STATUS Report (Joint) by Emad Kashkeesh, Michael Komorski (Turin, Eugene)
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Filing 45
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Plaintiffs' motion to remand #36 is taken under advisement. Status hearing set for 2/22/2022 at 9:00 a.m. By 2/15/2022, the parties shall file a joint status report addressing: (1) the jurisdictional discovery they have completed thus far; (2) the jurisdictional discovery that remains to be taken; (3) whether they would like a settlement conference with the Magistrate Judge; and (4) whether there is a need for the 2/22/2022 status hearing. Attorneys/Parties should appear for the 2/22/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 44
REPLY by Plaintiffs Emad Kashkeesh, Michael Komorski in Support of Motion to Remand (Attachments: #1 Exhibit A, #2 Exhibit B)(Kingsbury, Timothy)
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Filing 43
MEMORANDUM by Microsoft Corporation in Opposition to motion to remand #36 (Attachments: #1 Exhibit A)(Jacobs, Todd)
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Filing 42
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Plaintiffs' partial motion to remand #36 is entered and continued to 1/11/2022 at 9:15 a.m. Plaintiffs' motion for leave to take jurisdictional discovery #35 is granted. Plaintiffs have made a prima facie showing of personal jurisdiction based on, among other things, Defendant's receipt and analysis of Plaintiffs' biometric information. That said, the categories of discovery referenced in Plaintiffs' motion may be overbroad, so this order is without prejudice to Defendant objecting on a request-by-request basis to Plaintiffs' forthcoming discovery requests. The parties are encouraged to expedite jurisdictional discovery to the extent possible, and Plaintiffs are encouraged to focus their discovery requests to what they truly need. Attorneys/Parties should appear for the 1/11/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 41
ATTORNEY Appearance for Plaintiffs Emad Kashkeesh, Michael Komorski by Timothy Patrick Kingsbury (Kingsbury, Timothy)
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Filing 40
ATTORNEY Appearance for Plaintiffs Emad Kashkeesh, Michael Komorski by Colin Primo Buscarini (Buscarini, Colin)
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Filing 39
REPLY by Plaintiffs Emad Kashkeesh, Michael Komorski to memorandum in opposition to motion #38 (Attachments: #1 Exhibit A)(Turin, Eugene)
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Filing 38
MEMORANDUM by Microsoft Corporation in Opposition to motion for discovery #35 (Jacobs, Todd)
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Filing 37
MINUTE entry before the Honorable Gary Feinerman:Motion to remand #36 is entered and continued. Defendant shall respond to the motion by 12/14/2021; Plaintiffs shall reply by 1/5/2022. Motion for discovery and for leave to conduct limited jurisdictional discovery and to extend time to respond to motion to dismiss #35 granted in part and entered and continued in part. The briefing schedule #34 on Defendant's motion to dismiss #32 is vacated. Defendant shall respond to Plaintiffs' motion for jurisdictional discovery by 11/30/2021; Plaintiffs shall reply by 12/7/2021. Motion hearing set for 12/9/2021 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 36
MOTION by Plaintiffs Emad Kashkeesh, Michael Komorski to remand (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Turin, Eugene)
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Filing 35
MOTION by Plaintiffs Emad Kashkeesh, Michael Komorski for discovery Motion and Memorandum for Leave to Conduct Limited Jurisdictional Discovery and to Extend Time to Respond to Motion to Dismiss (Turin, Eugene)
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Filing 34
MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss #32 is entered and continued. Plaintiff shall respond to the motion by 11/15/2021; Defendant shall reply by 12/1/2021. The status hearing set for 10/25/2021 #31 is stricken. Motion hearing set for 12/9/2021 at 9:30 a.m. The discovery stay #27 will remain in place absent further order of court. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 33
MEMORANDUM by Microsoft Corporation in support of motion to dismiss #32 (Attachments: #1 Declaration of Greg Clark, #2 Declaration of Waldo Kuipers, #3 Declaration of Shimul Sachdeva (July), #4 Declaration of Shimul Sachdeva (August), #5 Declaration of Shimul Sachdeva (October))(Jacobs, Todd)
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Filing 32
MOTION by Defendant Microsoft Corporation to dismiss (Jacobs, Todd)
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Filing 31
MINUTE entry before the Honorable Gary Feinerman: Motion for extension of time #30 is granted. The deadline for Defendant to file a responsive pleading to the second amended complaint is extended to 10/18/2021. Given the filing of the second amended complaint #30 , motion to dismiss #23 is denied as moot. The motion hearing set for 10/14/2021 #25 is stricken. Status hearing set for 10/25/2021 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 30
MOTION by Defendant Microsoft Corporation for extension of time (Jacobs, Todd)
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Filing 29
NOTICE by Emad Kashkeesh, Michael Komorski re amended complaint #28 notice of filing (Turin, Eugene)
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Filing 28
SECOND AMENDED complaint by Emad Kashkeesh, Michael Komorski against Microsoft Corporation and terminating Beau Zanca (Turin, Eugene)
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Filing 27
MINUTE entry before the Honorable Gary Feinerman:The Clerk is directed to amend the case caption to replace Michael A. Pena with Emad Kashkeesh as the lead plaintiff. By agreement #26 , discovery is stayed pending resolution of Defendant's motion to dismiss #23 . The status hearing set for 9/15/2021 #22 is stricken. The 10/14/2021 motion hearing #25 shall stand. Mailed notice. (jlj, )
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Filing 26
STATUS Report Initial Joint Status Report by Emad Kashkeesh, Michael Komorski, Beau Zanca (Turin, Eugene)
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Filing 25
MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss #23 is entered and continued. Plaintiffs shall respond to the motion by 9/27/2021; Defendant shall reply by 10/12/2021. Motion hearing set for 10/14/2021 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 24
Memorandum of Law by Microsoft Corporation (Attachments: #1 Declaration of Greg Clark, #2 Declaration of Waldo Kuipers, #3 Declaration of Shimul Sachdeva)(Jacobs, Todd)
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Filing 23
MOTION by Defendant Microsoft Corporation to dismiss (Jacobs, Todd)
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Filing 22
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 9/16/2021 #20 is stricken and re-set for 9/15/2021 at 1:30 p.m. Attorneys/Parties should appear for the 9/15/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 21
FIRST AMENDED complaint by Emad Kashkeesh, Beau Zanca, Michael Komorski against Microsoft Corporation and terminating Mario A. Pena (Turin, Eugene)
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Filing 20
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #19 is granted. The deadline for Defendant to file a responsive pleading is extended to 8/30/2021. The initial status hearing set for 8/4/2021 #13 is stricken and re-set for 9/16/2021 at 9:30 a.m. The initial status report shall be filed by 9/9/2021. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov) for details on the Initial Status Hearing and Initial Status Report. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 19
MOTION by Defendant Microsoft Corporation for extension of time to file response/reply (Jacobs, Todd)
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Filing 18
MINUTE entry before the Honorable Gary Feinerman:Motions to appear pro hac vice #16 and #17 are granted.Mailed notice. (jlj, )
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Filing 17
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18464982. (Visser, Michelle)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18464915. (Meal, Doug)
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Filing 15
ATTORNEY Appearance for Defendant Microsoft Corporation by David M. Caves (Caves, David)
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Filing 14
ATTORNEY Appearance for Defendant Microsoft Corporation by Todd Clark Jacobs (Jacobs, Todd)
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Filing 13
MINUTE entry before the Honorable Gary Feinerman:Initial status hearing set for 8/4/2021 at 9:15 a.m. Initial Status Report shall be filed by 7/28/2021. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov) for details on the Initial Status Hearing and Initial Status Report. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, )
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Filing 12
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Gary Feinerman for all further proceedings, pursuant to IOP 13(f). Honorable Andrea R. Wood no longer assigned to the case. Signed by Executive Committee on 06/28/2021. (rc, )
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Filing 11
MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 8/12/2021 is stricken. This case will be forwarded to the Executive Committee for reassignment. Mailed notice (dal, )
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Filing 10
MINUTE entry before the Honorable Andrea R. Wood: Defendant's consent motion to extend time to respond to Plaintiff's complaint #8 is granted. Defendant shall answer or otherwise respond to Plaintiff's complaint by 7/30/2021. The telephonic initial status conference set for 7/20/2021 is stricken and reset for 8/12/2021 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. 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. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (dal, )
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Filing 9
ATTORNEY Appearance for Plaintiff Mario A. Pena by Eugene Y. Turin (Turin, Eugene)
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Filing 8
MOTION by Defendant Microsoft Corporation for extension of time to file answer (on Consent) (Attachments: #1 Text of Proposed Order)(Rhinesmith, David)
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Filing 7
ATTORNEY Appearance for Plaintiff Mario A. Pena by Andrew T Heldut (Heldut, Andrew)
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Filing 6
MAILED Notice of Removal letter to Eugene Y. Turin (daj, )
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Filing 5
MINUTE entry before the Honorable Andrea R. Wood:Telephonic initial status conference set for 7/20/2021 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. 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. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (dal, )
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Filing 4
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Microsoft Corporation (Rhinesmith, David)
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Filing 3
ATTORNEY Appearance for Defendant Microsoft Corporation by David Eric Rhinesmith (Rhinesmith, David)
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Filing 2
CIVIL Cover Sheet (Rhinesmith, David)
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Filing 1
NOTICE of Removal from Circuit Court of Cook County, case number (2021-CH-02338) filed by Microsoft Corporation Filing fee $ 402, receipt number 0752-18359091. (Attachments: #1 Exhibit A - Class Action Complaint, #2 Exhibit B - Motion for Class Certification)(Rhinesmith, David)
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CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (cm, )
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