The Eclipse Group LLP v. Target Corporation et al
Plaintiff: The Eclipse Group LLP
Defendant: Amazon.com, Inc., Menard, Inc., Kmart Corporation, Fingerhut Direct Marketing, Inc., Toys R Us, Inc. and Target Corporation
Intervenor Plaintiff: Stephen Michael Lobbin
Case Number: 3:2015cv01411
Filed: June 26, 2015
Court: US District Court for the Southern District of California
Office: San Diego Office
County: Los Angeles
Presiding Judge: Barbara Lynn Major
Referring Judge: Janis L Sammartino
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 bc
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2018 Opinion or Order Filing 233 ORDER granting #231 Defendant Target Corporation's ex parte application to continue hearing on #230 Intervenor's Motion re Defendants' contempt. Motion Hearing continued to 2/26/2019 at 1:30pm. Signed by Judge Janis L. Sammartino on 12/17/2018. (jpp)
December 17, 2018 Opinion or Order Filing 232 RESPONSE in Opposition re #231 Ex Parte MOTION to Continue Hearing re #230 MOTION for Contempt Against Defendants Target and Kmart for Breach of Settlement Agreement Defendant Target Corporations Ex Parte Application To Continue Hearing On Intervenors Motion Re Def filed by Stephen Michael Lobbin. (Attachments: #1 Exhibit A)(Lobbin, Stephen) (jpp).
December 14, 2018 Opinion or Order Filing 231 Ex Parte MOTION to Continue Hearing re #230 MOTION for Contempt Against Defendants Target and Kmart for Breach of Settlement Agreement Defendant Target Corporations Ex Parte Application To Continue Hearing On Intervenors Motion Re Defendants Contempt by Target Corporation. (Attachments: #1 Declaration of John S. Letchinger, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Chow, Teresa) (jpp).
December 11, 2018 Opinion or Order Filing 230 MOTION for Contempt Against Defendants Target and Kmart for Breach of Settlement Agreement by Stephen Michael Lobbin. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit A)(Lobbin, Stephen)
October 18, 2018 Opinion or Order Filing 229 NOTIFICATION OF BANKRUPTCY Upon the Record as to Kmart Corporation by Kmart Corporation, Target Corporation (Chow, Teresa) (aef).
September 28, 2018 Opinion or Order Filing 228 ORDER: (1) Granting #208 Plaintiff's Motion to approve settlement, (2) Dismissing action with prejudice, and (3) Denying as moot #198 Intervenor's Motion for Reconsideration. Signed by Judge Janis L. Sammartino on 9/28/2018. (jpp)
September 27, 2018 Opinion or Order Filing 227 Minute Order for proceedings held before Judge Janis L. Sammartino: Hearing on Motion for Reconsideration #198 held and taken under submission; Court to issue written order (Court Reporter/ECR Frank Rangus / CRD A Ramos / Attorney Edward F. O'Connor, Eric Hardeman and John Letchinger appeared telephonically / Intervener Plaintiff Attorney Stephen Lobbin) (no document attached) (acr)
September 24, 2018 Opinion or Order Filing 226 ORDER granting #225 Third Party Lienholder Burkhalter Kessler Clement & George LLP's Motion for leave to appear telephonically. Signed by Judge Janis L. Sammartino on 9/24/2018. (jpp)
September 21, 2018 Opinion or Order Filing 225 MOTION to Permit Telephonic Appearance by Burkhalter Kessler Clement & George, LLP. (Hardeman, Eric) (jpp).
September 18, 2018 Opinion or Order Filing 224 ORDER granting #223 Defendants Target Corporation and Kmart Corporation's motion for leave to appear telephonically. Signed by Judge Janis L. Sammartino on 9/18/2018.(jpp)
September 17, 2018 Opinion or Order Filing 223 NOTICE Defendants Target Corporation and Kmart Corporations Notice of Motion and Unopposed Motion For Leave To Appear Telephonically at September 27, 2018 Hearing on Motion To Approve Settlement and Enter Final Judgment To Enforce Settlement by Kmart Corporation, Target Corporation (Attachments: #1 Memo of Points and Authorities)(Chow, Teresa) (jpp).
September 14, 2018 Opinion or Order Filing 221 ORDER: (1) Granting #218 Plaintiff's Motion to File Documents Under Seal, and (2) Granting #220 Plaintiff's Request to Appear Telephonically. The Court GRANTS the Motion to Seal these documents, lodged as ECF No. 219. The documents in question SHALL BE TREATED in the same manner as the Settlement Agreement pursuant to the terms of the Parties' Stipulated Protective Order (ECF No. 217), and Plaintiff SHALL SERVE the sealed documents on Burkhalter, Kessler, Clements & George LLP. The Court GRANTS Plaintiff's Motion to Appear Telephonically at the September 27, 2018 hearing (ECF No. 220). Defendants' counsel SHALL CONTACT the Courtroom Deputy at (619) 557-5291 to organize the telephone call. Signed by Judge Janis L. Sammartino on 9/14/2018. (aef)
September 13, 2018 Opinion or Order Filing 220 MOTION Plaintiff Request to Appear Telephonically at the September 27, 2018 Motion to Approve Settlement and Enter Final Judgment to Enforce Settlement by The Eclipse Group LLP. (O'Connor, Edward) (jpp).
September 13, 2018 Opinion or Order Filing 219 ***FILED AS SEALED DOCUMENT ON 9/14/2018*** - SEALED LODGED Proposed Document re: #218 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(O'Connor, Edward) (aef) Modified on 9/17/2018 to add file date of lodgment (aef).
September 13, 2018 Opinion or Order Filing 218 MOTION to File Documents Under Seal (O'Connor, Edward) (aef).
September 10, 2018 Opinion or Order Filing 217 ORDER: (1) Granting #216 Joint Motion requesting Protective Order, and continuing hearing date and setting briefing schedule. Hearing is continued to 9/27/2018 at 1:30pm. Signed by Judge Janis L. Sammartino on 9/10/2018. (jpp)
September 6, 2018 Opinion or Order Filing 216 Joint MOTION for Protective Order by The Eclipse Group LLP. (Attachments: #1 Protective Order)(O'Connor, Edward) (jpp).
September 6, 2018 Opinion or Order Filing 215 REPLY to Response to Motion re #208 MOTION To Approve Settlement and Enter Final Judgment to Enforce Settlement filed by The Eclipse Group LLP. (Attachments: #1 Declaration Jennifer Hamilton, #2 Exhibit A, #3 Declaration Edward F, O'Connor, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C)(O'Connor, Edward) (jpp).
August 30, 2018 Opinion or Order Filing 214 RESPONSE in Opposition re #208 MOTION To Approve Settlement and Enter Final Judgment to Enforce Settlement filed by Burkhalter Kessler Clement & George, LLP. (Attachments: #1 Declaration Declaration of Eric J. Hardeman, Esq. in Support of Opposition to Motion to Approve Settlement, #2 Exhibit Exhibit 1 to the Declaration of Eric J. Hardeman, Esq., #3 Exhibit Exhibit 2 to the Declaration of Eric J. Hardeman, Esq., #4 Exhibit Exhibit 3 to the Declaration of Eric J. Hardeman, Esq, #5 Exhibit Exhibit 4 to the Declaration of Eric J. Hardeman, Esq)(Hardeman, Eric) (mpl).
August 13, 2018 Opinion or Order Filing 213 AFFIDAVIT of Service for Notice of Motion and Motion to Approve Settlement and Enter Final Judgment to Enforce Settlement #208 served on Eric J. Hardeman, Esq. on August 9, 2018, filed by The Eclipse Group LLP. (O'Connor, Edward) (mpl).
August 10, 2018 Opinion or Order Filing 211 ORDER Granting #209 Motion to File Document Under Seal. Signed by Judge Janis L. Sammartino on 8/10/2018. (aef)
August 9, 2018 Opinion or Order Filing 210 ***FILED AS SEALED DOCUMENT ON 8/10/2018*** - SEALED LODGED Proposed Document re: #209 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (O'Connor, Edward) (aef). Modified on 8/10/2018-to add file date of lodgment (aef).
August 9, 2018 Opinion or Order Filing 209 MOTION to File Documents Under Seal (With attachments)(O'Connor, Edward) (aef).
August 9, 2018 Opinion or Order Filing 208 MOTION To Approve Settlement and Enter Final Judgment to Enforce Settlement by The Eclipse Group LLP. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Jennifer Hamilton, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(O'Connor, Edward) (mpl).
August 7, 2018 Opinion or Order Filing 207 ORDER Denying Without Prejudice #206 Joint Motion to Approve Settlement. Signed by Judge Janis L. Sammartino on 8/7/2018. (mpl)
August 2, 2018 Opinion or Order Filing 206 Ex Parte MOTION To Approve Settlement and Enter Final Judgment to Enforce Settlement by The Eclipse Group LLP. (Attachments: #1 Declaration Jennifer Hamilton, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(O'Connor, Edward) (mpl).
July 24, 2018 Opinion or Order Filing 205 ORDER (1) denying #204 Motion to Stay; and (2) extending time for dismissal. Signed by Judge Janis L. Sammartino on 7/24/2018. (jpp)
July 20, 2018 Opinion or Order Filing 204 Joint MOTION to Stay re #203 Order, Terminate Deadlines by Stephen Michael Lobbin. (Lobbin, Stephen) (mpl).
July 10, 2018 Opinion or Order Filing 203 ORDER: (1) Vacating Briefing Schedule; and (2) Setting Case for Dismissal. Signed by Judge Janis L. Sammartino on 7/10/2018.(mpl)
June 29, 2018 Opinion or Order Filing 202 RESPONSE in Opposition re #200 Ex Parte MOTION Joint Ex Parte Application to Enforce Settlement and Suspend Pretrial Dates and Deadlines filed by Stephen Michael Lobbin. (Lobbin, Stephen) (mpl).
June 29, 2018 Opinion or Order Filing 201 ORDER: (1) Granting in Part #200 Ex Parte Motion; (2) Suspending Pretrial Deadlines; and (3) Requesting Briefing. The Court suspends the pretrial dates set forth in ECF No. #197 and vacates the pretrial conference set for 8/9/2018. The Court requests Plaintiff Eclipse and Defendants file a motion on or before 7/11/2018 which describes their request and provides supporting facts and case law. Signed by Judge Janis L. Sammartino on 6/29/2018. (mpl)
June 28, 2018 Opinion or Order Filing 200 Ex Parte MOTION Joint Ex Parte Application to Enforce Settlement and Suspend Pretrial Dates and Deadlines Set in the Court's June 12, 2018 Order (ECF No. 197) by The Eclipse Group LLP. (Attachments: #1 Exhibit A)(O'Connor, Edward) (mpl).
June 28, 2018 Opinion or Order Filing 199 NOTICE OF WITHDRAWAL OF DOCUMENT by The Eclipse Group LLP re #198 MOTION for Reconsideration re #193 Order on Motion for Summary Adjudication, Order on Motion for Summary Judgment filed by Stephen Michael Lobbin . (O'Connor, Edward) (mpl).
June 27, 2018 Opinion or Order Filing 198 MOTION for Reconsideration re #193 Order on Motion for Summary Adjudication, Order on Motion for Summary Judgment by Stephen Michael Lobbin. (Lobbin, Stephen) (mpl).
June 12, 2018 Opinion or Order Filing 197 ORDER Setting Pretrial Dates and Deadlines. The Memorandum of Contentions of Fact and Law are due by 7/12/2018. The Proposed Pretrial Order is due by 7/26/2018. The Final Pretrial Conference is set for 8/9/2018 at 1:30 p.m. before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 6/12/2018.(mpl)
June 8, 2018 Opinion or Order Filing 196 STATUS REPORT Defendants' Proposed Pretrial Scheduled by Kmart Corporation, Target Corporation. (Cirlin, Jason) (mpl).
June 8, 2018 Opinion or Order Filing 195 STATUS REPORT Plaintiffs' Response to Order re Pretrial Dates and Deadlines by Stephen Michael Lobbin, The Eclipse Group LLP. (Lobbin, Stephen) (mpl).
June 6, 2018 Opinion or Order Filing 194 NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 5/10/2018, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Frank J. Rangus. Transcript may be viewed at the court 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 PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/27/2018. Redacted Transcript Deadline set for 7/9/2018. Release of Transcript Restriction set for 9/4/2018. (akr)
May 30, 2018 Opinion or Order Filing 193 ORDER Denying #157 , #169 Cross-Motions for Summary Judgment. Signed by Judge Janis L. Sammartino on 5/30/2018. (mpl)
May 24, 2018 Opinion or Order Filing 192 STATUS REPORT JOINT Report on Settlement by Kmart Corporation, Target Corporation. (Tung, Josephine) (mpl).
May 10, 2018 Opinion or Order Filing 191 Minute Order for proceedings held before Judge Janis L. Sammartino:Hearing on Motion for Summary Adjudication #157 and for Summary Judgment #169 held and taken under submission. Court to issue written order (Court Reporter/ECR Frank Rangus / CRD A Ramos / Plaintiff Attorney Steven Lobbin, Edward O'Connor & Matthew Mahoney / Defendant Attorney John S. Letchinger) (no document attached) (acr)
May 9, 2018 Opinion or Order Filing 190 NOTICE of Appearance by Matthew Miguel Mahoney on behalf of Stephen Michael Lobbin (Mahoney, Matthew)Attorney Matthew Miguel Mahoney added to party Stephen Michael Lobbin(pty:intvp) (anh).
April 3, 2018 Opinion or Order Filing 189 ORDER Setting Hearing re #157 MOTION for Summary Adjudication; #169 MOTION for Summary Judgment. The Motion Hearing is set for 5/10/2018 at 9:30 a.m. before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 4/3/2018.(mpl)
April 2, 2018 Opinion or Order Filing 188 RESPONSE to Motion re #157 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart and Minimum of Quantum Meruit Recovery, #169 MOTION for Summary Judgment or Summary Adjudication filed by Kmart Corporation, Target Corporation. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Letchinger, John) (mpl).
March 19, 2018 Opinion or Order Filing 187 ORDER Requesting Repsonse to Supplemental Briefing re #186 Response in Support of Motion. Signed by Judge Janis L. Sammartino on 3/19/2018.(mpl)
February 1, 2018 Opinion or Order Filing 186 RESPONSE in Support re #157 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart and Minimum of Quantum Meruit Recovery filed by Stephen Michael Lobbin. (Attachments: #1 Declaration John Steele, #2 Exhibit A)(Lobbin, Stephen) (mpl).
January 23, 2018 Opinion or Order Filing 185 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: Mandatory Settlement Conference held on 1/22/2018. Case did not settle. No order to follow. (Plaintiff Attorney Lau Juuelberg). (Defendant Attorney John S. Letchinger). (Stephen M. Lobbin, Austin Richardson, Uleses Henderson).(no document attached) (bll)
January 19, 2018 Opinion or Order Filing 184 RESPONSE to Motion re #169 MOTION for Summary Judgment or Summary Adjudication, #157 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart and Minimum of Quantum Meruit Recovery filed by Kmart Corporation, Target Corporation. (Attachments: #1 Declaration, #2 Exhibit)(Letchinger, John) (mpl).
January 18, 2018 Opinion or Order Filing 183 RESPONSE re #169 MOTION for Summary Judgment or Summary Adjudication, #157 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart and Minimum of Quantum Meruit Recovery (SUPPLEMENTAL) filed by Kmart Corporation, Target Corporation. (Attachments: #1 Declaration of Robert Goldberg, #2 Exhibit to Declaration of Robert Goldberg)(Cirlin, Jason) (mpl). QC Mail re wrong atty s/.
January 4, 2018 Opinion or Order Filing 182 ORDER (1) Requesting Supplemental Briefing; (2) Vacating Hearings; and (3) Dismissing as Moot #178 Ex Parte Motion. Signed by Judge Janis L. Sammartino on 1/4/2018. (mpl)
December 22, 2017 Opinion or Order Filing 181 REPLY to Response to Motion re #169 MOTION for Summary Judgment or Summary Adjudication filed by Kmart Corporation, Target Corporation. (Cirlin, Jason) (mpl).
December 21, 2017 Opinion or Order Filing 180 RESPONSE in Opposition re #178 Ex Parte MOTION for Extension of Time to File or Extend Pre-Trial Deadlines of Plaintiff and Intervenor filed by Stephen Michael Lobbin. (Attachments: #1 Exhibit A)(Lobbin, Stephen) (mpl).
December 21, 2017 Opinion or Order Filing 179 ORDER Setting Briefing Schedule for #178 Ex Parte MOTION. It is ordered, to the extent Mr. Lobbin and/or Plaintiff wish to oppose Defendants' Ex Parte Motion, they shall file a response to the Motion, not to exceed four pages in length, on or before 12/27/2017. Signed by Judge Janis L. Sammartino on 12/21/2017.(mpl)
December 20, 2017 Opinion or Order Filing 178 Ex Parte MOTION for Extension of Time to File or Extend Pre-Trial Deadlines by Kmart Corporation, Target Corporation. (Attachments: #1 Declaration of Robert Goldberg)(Cirlin, Jason) (mpl).
December 12, 2017 Opinion or Order Filing 177 REPLY to Response to Motion re #169 MOTION for Summary Judgment or Summary Adjudication, #157 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart and Minimum of Quantum Meruit Recovery filed by Stephen Michael Lobbin. (Attachments: #1 Declaration Reply Libbin Declaration, #2 Exhibit 1, #3 Exhibit 2)(Lobbin, Stephen)(mpl).
December 4, 2017 Opinion or Order Filing 176 AFFIDAVIT in Support re #169 MOTION for Summary Judgment or Summary Adjudication , of Jason K. Walbourn, filed by Kmart Corporation, Target Corporation. (Cirlin, Jason) (mpl).
December 4, 2017 Opinion or Order Filing 175 ORDER Granting #174 for Extension of Time to File Response/Reply Joint Motion. The Court grants the Joint Motion. As stipulated by the Parties, Intervenor and Plaintiff shall file their response papers on or before 12/11/2017. Signed by Judge Janis L. Sammartino on 12/4/2017. (mpl)
December 1, 2017 Opinion or Order Filing 174 Joint MOTION for Extension of Time to File Response/Reply as to #157 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart and Minimum of Quantum Meruit Recovery by Stephen Michael Lobbin. (Lobbin, Stephen) (mpl).
November 29, 2017 Opinion or Order Filing 173 ORDER Granting in Part and Denying in Part #152 Intervenor's Motion to Compel Reimbursement. Intervenor's request that Mr. Berretta be reimbursed $1600 for the two hours spent preparing for his deposition is denied. If Mr. Berretta seeks reimbursement for his travel time, he must submit an invoice to Defendants by 12/6/2017. If the invoice is consistent with or less than the representations made by Intervenor, Defendants are ordered to pay the invoiced fee on or before 12/20/2017. Intervenor's request that Mr. Berretta be reimbursed $800 in expert fees for the one hour he spent reviewing and correcting his deposition transcript is denied. Intervenor's request that he be paid $8,800 is denied. Intervenor's request that Defendants be sanctioned in the amount of $7,000 is denied. Defendants' request that Intervenor be sanctioned in the amount of $2,000 is denied. Signed by Magistrate Judge Barbara Lynn Major on 11/29/2017. (mpl)
November 24, 2017 Opinion or Order Filing 172 ORDER Approving Pro Hac Vice Application of Josephine Tung (Re: Doc. No. #166 Request to Appear Pro Hac Vice). Signed by Judge Janis L. Sammartino on 11/22/2017.(jrd) Modified on 11/24/2017 to correct the linked document number; NEF regenerated.(jrd).
November 24, 2017 Opinion or Order Filing 171 ORDER Approving Pro Hac Vice Application of John S. Letchinger (Re: Doc. No. #167 Request to Appear Pro Hac Vice). Signed by Judge Janis L. Sammartino on 11/22/2017.(jrd)
November 21, 2017 Opinion or Order Filing 170 RESPONSE in Opposition re #157 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart and Minimum of Quantum Meruit Recovery filed by Kmart Corporation, Target Corporation. (Attachments: #1 Declaration of Robert Goldberg, #2 Declaration of Robin Preble, #3 Declaration of Diana Hsu)(Cirlin, Jason) (mpl).
November 21, 2017 Opinion or Order Filing 169 MOTION for Summary Judgment or Summary Adjudication by Kmart Corporation, Target Corporation. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Robert Goldberg, #3 Declaration of Robin Preble, #4 Declaration of Diana Hsu)(Cirlin, Jason) (mpl).
November 21, 2017 Opinion or Order Filing 168 ORDER Granting #162 Joint Motion. The Parties have agreed that Defendants shall file one brief, with a page limit of 30 pages, which will serve as both an opposition to the motion for summary judgment and as a brief in support of the cross-motion for summary judgment. Signed by Judge Janis L. Sammartino on 11/21/2017. (mpl)
November 21, 2017 Opinion or Order Filing 167 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-10653414 Re: Doc. No. #165 )(Application to be reviewed by Clerk.) (Letchinger, John)(jrd)
November 21, 2017 Opinion or Order Filing 166 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-10652445 Re: Doc. No. #164 ) (Application to be reviewed by Clerk.) (Tung, Josephine)(jrd)
November 20, 2017 Opinion or Order Filing 165 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10653414.) (Application to be reviewed by Clerk.) (Letchinger, John) (QC Mailer; missing signature)(jrd)
November 20, 2017 Opinion or Order Filing 164 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10652445.) (Application to be reviewed by Clerk.) (Tung, Josephine) (QC Mailer; missing signature) (jrd)
November 20, 2017 Opinion or Order Filing 163 NOTICE of Appearance by Teresa Carey Chow on behalf of Kmart Corporation, Target Corporation (Chow, Teresa)Attorney Teresa Carey Chow added to party Kmart Corporation(pty:dft), Attorney Teresa Carey Chow added to party Target Corporation(pty:dft) (mpl).
November 20, 2017 Opinion or Order Filing 162 Joint MOTION for Leave to File Excess Pages by Kmart Corporation, Target Corporation. (Cirlin, Jason) (mpl).
November 7, 2017 Opinion or Order Filing 161 ORDER Granting #160 Joint Motion for Extension of Time to File Response/Reply. Signed by Judge Janis L. Sammartino on 11/7/2017. (mpl) (jao).
November 3, 2017 Opinion or Order Filing 160 Joint MOTION for Extension of Time to File Response/Reply as to #155 Order on Motion for Extension of Time to File, by Stephen Michael Lobbin. (Lobbin, Stephen)(mpl).
October 23, 2017 Opinion or Order Filing 159 REPLY to Response to Motion re #152 MOTION to Compel Reimbursement of Experts filed by Stephen Michael Lobbin. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit H)(Lobbin, Stephen) (mpl).
October 23, 2017 Opinion or Order Filing 158 NOTICE of Joinder by The Eclipse Group LLP re #157 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart and Minimum of Quantum Meruit Recovery (O'Connor, Edward) (mpl).
October 20, 2017 Opinion or Order Filing 157 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart and Minimum of Quantum Meruit Recovery by Stephen Michael Lobbin. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Stephen M. Lobbin, #3 Declaration Frederick S. Berretta)(Lobbin, Stephen)(mpl).
October 16, 2017 Opinion or Order Filing 156 RESPONSE in Opposition re #152 MOTION to Compel Reimbursement of Experts filed by Kmart Corporation, Target Corporation. (Attachments: #1 Declaration of Robert D Goldberg in Opposition to Intervenor's Motion to Compel Reimbursement of Experts, #2 Exhibit to Declaration of Robert D. Goldberg in Opposition to Intervenor's Motion to Compel Reimbursement of Experts)(Goldberg, Robert) (mpl).
October 6, 2017 Opinion or Order Filing 155 ORDER Granting #154 Joint Motion for Extension of Time to File. The Court sets the hearing for the Parties' cross-motions for summary judgment for 1/25/2018 at 1:30 p.m. Motion Hearing set for 1/25/2018 at 1:30 p.m. before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 10/6/2017. (mpl) (jao).
October 5, 2017 Opinion or Order Filing 154 Joint MOTION for Extension of Time to File Re Briefing and Hearing Schedule for Rule 56 Motions by Stephen Michael Lobbin. (Lobbin, Stephen) (mpl).
October 5, 2017 Opinion or Order Filing 153 NOTICE of Voluntary Dismissal by Stephen Michael Lobbin Stipulation of Dismissal Re ToysR Us Without Prejudice (Lobbin, Stephen) (mpl).
October 2, 2017 Opinion or Order Filing 152 MOTION to Compel Reimbursement of Experts by Stephen Michael Lobbin. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Lobbin, Stephen) QC Mailer sent re hearing date/time (mpl).
September 27, 2017 Opinion or Order Filing 151 ORDER Setting Briefing Schedule : Intervenor Plaintiff must file his motion on or before 10/2/2017. A Hearing date of 10/30/2017 at 10:00 a.m. is set before Magistrate Judge Barbara Lynn Major. Any oppositions must be filed on or before 10/16/2017 and Intervenor Plaintiff must file his reply, if any, on or before 10/23/2017. Unless the Court directs otherwise in advance, pursuant to Local Rule 7.1(d)(1), the matter will be resolved without oral argument and no personal appearances on the hearing date should be made. Signed by Magistrate Judge Barbara Lynn Major on 9/27/2017.(mpl) (jao).
September 20, 2017 Opinion or Order Filing 150 NOTIFICATION OF BANKRUPTCY Upon the Record as to Toys "R" Us, Inc. by Kmart Corporation, Target Corporation, Toys R Us, Inc. (Cirlin, Jason) (mpl).
September 12, 2017 Opinion or Order Filing 149 ORDER Granting #148 Joint Motion to Continue Deposition of Person Most Knowledgeable of the Eclipse Group LLP. The deposition of the Person Most Knowledgeable of Eclipse is continued to 9/20/2017 at 10:00 a.m. in LosAngeles at the law offices of defense counsel. Signed by Magistrate Judge Barbara Lynn Major on 9/12/2017. (mpl) (jao).
September 11, 2017 Opinion or Order Filing 148 Joint MOTION to Continue Deposition of Plaintiff's Person Most Knowledgeable by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) (mpl).
July 10, 2017 Opinion or Order Filing 147 JOINT HEARING STATEMENT by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) QC Mailer re: Timeliness (dxj).
July 6, 2017 Opinion or Order Filing 146 ORDER Denying Intervenor's #138 Ex Parte Motion for Reconsideration of Sanctions. It is ordered that because Intervenor's motion for reconsideration is untimely, lacking in any new or different facts or circumstances, and was improperly filed, Intervenor's motion for reconsideration of sanctions is denied. Signed by Magistrate Judge Barbara Lynn Major on 7/6/2017. (dxj)
July 6, 2017 Opinion or Order Filing 145 ORDER Granting Plaintiff's #143 , #144 Motion Discovery Continuance. It is ordered that Plaintiff must serve all supplemental responses on or before 7/20/2017. Signed by Magistrate Judge Barbara Lynn Major on 7/6/2017. (dxj)
July 6, 2017 Opinion or Order Filing 144 MOTION to Amend/Correct #143 MOTION For Discovery Continuance by The Eclipse Group LLP. (O'Connor, Edward) (dxj).
July 5, 2017 Opinion or Order Filing 143 MOTION For Discovery Continuance by The Eclipse Group LLP. (Attachments: #1 Attachment)(O'Connor, Edward) (dxj).
July 5, 2017 Opinion or Order Filing 142 RESPONSE in Opposition re #138 Ex Parte MOTION for Reconsideration re #127 Order on Motion to Compel,,,,, on the Propriety and Amount of Sanctions Ordered SUPPLEMENTAL filed by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) (dxj).
July 5, 2017 Opinion or Order Filing 141 DECLARATION re #132 Order on Motion for Extension of Time to Complete Discovery,, by Intervenor Plaintiff Stephen Michael Lobbin. (Lobbin, Stephen) (dxj).
July 2, 2017 Opinion or Order Filing 140 REPLY to Response to Motion re #138 Ex Parte MOTION for Reconsideration re #127 Order on Motion to Compel,,,,, on the Propriety and Amount of Sanctions Ordered filed by Stephen Michael Lobbin. (Lobbin, Stephen)
July 1, 2017 Opinion or Order Filing 139 RESPONSE in Opposition re #138 Ex Parte MOTION for Reconsideration re #127 Order on Motion to Compel,,,,, on the Propriety and Amount of Sanctions Ordered filed by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason)
June 29, 2017 Opinion or Order Filing 138 Ex Parte MOTION for Reconsideration re #127 Order on Motion to Compel,,,,, on the Propriety and Amount of Sanctions Ordered by Stephen Michael Lobbin. (Attachments: #1 Declaration Stephen M. Lobbin)(Lobbin, Stephen) (fth).
June 29, 2017 Opinion or Order Filing 137 ORDER granting in part and denying in part Defendants' Motions to Compel ( #111 and #112 ). Signed by Magistrate Judge Barbara Lynn Major on 6/29/2017. (fth)
June 29, 2017 Opinion or Order Filing 136 ORDER granting #130 Joint Motion to Extend Deadlines for Expert Discovery and Court-Ordered Depositions. Signed by Magistrate Judge Barbara Lynn Major on 6/29/2017. (fth)
June 26, 2017 Opinion or Order Filing 135 ORDER Granting Plaintiff's #133 Motion to Reschedule the Mandatory Settlement Conference. It is ordered that the Mandatory Settlement Conference is continued to 1/22/2018 at 01:30 p.m. All guidelines and requirements pertaining to the previously-scheduled MSC remain in effect and the parties must submit their confidential settlement statements no later than 1/12/2018. Signed by Magistrate Judge Barbara Lynn Major on 6/26/2017. (dxj)
June 21, 2017 Opinion or Order Filing 134 ORDER Granting in Part and Denying in Part Defendants #108 Motion to Compel; #109 Motion to Compel; #110 Motion to Compel. It is ordered that Defendants' motion to compel further response to RFAs 1-4, 12, 13, 17, and 22 is denied. Defendants' motion to compel further response to RFAs 15, 33, 40, 51, 55, and 56 is granted. Defendants' motion to compel further response to RFAs 5, 6, 8, 9, 11, 14, 16, 18, 19, 20, 21, 24-26, 28, 29, 31, 41, 42, 50, 57, and 58 is denied as moot. Defendants' motion to compel additional responses to RFPs 1-9, 10-13, 15, 16-21, 24-29, 33-36, 37-39, 41, 44-48, 47(- 2), 48(-2), and 50 is granted. Defendants' motion to compel additional responses to RFPs 22, 23, 38, 49, and 51 is denied. Defendants' motion to compel additional responses to RFP 52 is granted in part. Defendants' motion to compel additional responses to RFPs 31 and 32 is denied as moot. Defendants' motion to compel further response to interrogatories 1, 2, 4-11, 13, and 15 is granted. Defendants' motion to strike Plaintiff's entire response with the exception of the word "no" to Interrogatory 12 is granted. For interrogatory no. 3, if the only responsive document is the indemnity agreement as Plaintiff suggests, Plaintiff does not need to supplement its response. If it is inaccurate, Plaintiff must serve a supplemental response. Defendants' motion to compel further response to interrogatories 14, 5(KMART) is granted in part. Defendants' motion to compel further response to interrogatory 16 is denied as moot. Plaintiff must serve all supplemental responses or declarations on or before 7/7/2017. Defendants' request for sanctions is denied. Signed by Magistrate Judge Barbara Lynn Major on 6/21/2017. (dxj)
June 19, 2017 Opinion or Order Filing 133 MOTION Reschedule Mandatory Settlement Conference by The Eclipse Group LLP. (O'Connor, Edward) (dxj).
June 2, 2017 Opinion or Order Filing 132 ORDER Granting #131 Joint Motion to Extend Deadlines from Court's Recent Orders. It is ordered that Defendants are ordered to serve supplemental responses to Intervenor's Requests for Admission Nos. 5- 13, 15, and 16 on or before 6/12/2017. Intervenor is hereby ordered to reimburse defense counsel in the amount of $2,992.50 on or before 7/3/2017. Intervenor is ordered to file a declaration verifying the payment no later than 7/10/2017. Signed by Magistrate Judge Barbara Lynn Major on 6/2/2017. (dxj)
June 1, 2017 Opinion or Order Filing 131 Joint MOTION for Extension of Time to Complete Discovery Extending Certain Deadlines in Recent Discovery Orders by Stephen Michael Lobbin. (Lobbin, Stephen) (dxj).
May 26, 2017 Opinion or Order Filing 130 Joint MOTION for Extension of Time to Complete Discovery by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) (dxj).
May 23, 2017 Opinion or Order Filing 129 ORDER Granting Intervenor's #117 Ex Parte Motion to Extend Certain Dates. It is ordered that the Mandatory Settlement Conference is set for 12/4/2017 at 01:30 p.m. Memorandum of Contentions of Fact and Law is due by 1/18/2018. Proposed Pretrial Order due by 2/8/2018. Final Pretrial Conference set for 2/15/2018 at 01:30 p.m. before Judge Janis L. Sammartino. All guidelines and requirements remain as previously set. See ECF No. 68. Signed by Magistrate Judge Barbara Lynn Major on 5/23/2017. (dxj)
May 19, 2017 Opinion or Order Filing 128 ORDER Granting in Part and Denying in Part Intervenor's #83 Motion to Compel And #116 Supplemental Motion to Compel. It is ordered that Requests for Production of Documents 1-37 is denied; Requests for Admission 1-4 is denied as moot; Requests for Admission 5-13 and 15 is granted; Requests for Admission 14 is denied; Interrogatories 1-9 and 12-15 is denied as moot; Interrogatories 10-11 is denied; and Interrogatory 16 is granted. Intervenor's motion to compel the Depositions of Defendants is denied. Intervenor's request for sanctions is denied. Signed by Magistrate Judge Barbara Lynn Major on 5/19/2017. (dxj)
May 12, 2017 Opinion or Order Filing 127 ORDER Granting in Part And Denying in Part Defendants' #97 , #98 , #100 Motions to Compel Depositions and For Sanctions. The parties are ordered to meet and confer regarding a deposition date for Plaintiff's Fed. R. Civ. P. 30(b)(6) witness. The deposition must occur by 5/31/2017. If the parties are unable to agree on a date for the deposition, the deposition must take place on 5/26/2017 at 9:30 a.m. Signed by Magistrate Judge Barbara Lynn Major on 5/12/2017. (dxj)
May 1, 2017 Opinion or Order Filing 126 REPLY to Response to Motion re #112 MOTION to Compel Intervenor Lobbin to Provide Further Responses to Defendants' Request for Admissions, Set One,, #111 MOTION to Compel Intervenor to Provide Further Responses to Defendants' Interrogatories, Set One, filed by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Supplement Supplemental Declaration of Jason Cirlin)(Cirlin, Jason) (dxj).
May 1, 2017 Opinion or Order Filing 125 REPLY to Response to Motion re #109 MOTION to Compel Plaintiff to Provide Further Responses to Defendants' Request for Production of Documents, Set One,, #110 MOTION to Compel Plaintiff to Provide Further Responses to Defendants' Interrogatories, Set One,, #108 MOTION to Compel Plaintiff to Provide Further Responses to Defendants' Requests for Admissions, Set One, filed by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Supplement Supplemental Declaration of Jason Cirlin)(Cirlin, Jason) (dxj).
April 26, 2017 Opinion or Order Filing 124 RESPONSE in Opposition re #116 Supplemental MOTION to Compel of Intervenor filed by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) (dxj).
April 24, 2017 Opinion or Order Filing 123 RESPONSE in Opposition re #111 MOTION to Compel Intervenor to Provide Further Responses to Defendants' Interrogatories, Set One, filed by Stephen Michael Lobbin. (Lobbin, Stephen) (dxj).
April 24, 2017 Opinion or Order Filing 122 RESPONSE in Opposition re #112 MOTION to Compel Intervenor Lobbin to Provide Further Responses to Defendants' Request for Admissions, Set One, filed by Stephen Michael Lobbin. (Lobbin, Stephen) (dxj).
April 24, 2017 Opinion or Order Filing 121 RESPONSE in Opposition re #110 MOTION to Compel Plaintiff to Provide Further Responses to Defendants' Interrogatories, Set One, filed by The Eclipse Group LLP. (Attachments: #1 Attachment)(O'Connor, Edward) (dxj).
April 24, 2017 Opinion or Order Filing 120 RESPONSE in Opposition re #109 MOTION to Compel Plaintiff to Provide Further Responses to Defendants' Request for Production of Documents, Set One, filed by The Eclipse Group LLP. (Attachments: #1 Attachment)(O'Connor, Edward) (dxj).
April 24, 2017 Opinion or Order Filing 119 RESPONSE in Opposition re #108 MOTION to Compel Plaintiff to Provide Further Responses to Defendants' Requests for Admissions, Set One, filed by The Eclipse Group LLP. (Attachments: #1 Attachment)(O'Connor, Edward) (dxj).
April 21, 2017 Opinion or Order Filing 118 RESPONSE in Opposition re #117 Ex Parte MOTION for Extension of Time to Complete Discovery and Continue MSC filed by Kmart Corporation, Target Corporation, Toys R Us, Inc. (Cirlin, Jason)(acc).
April 19, 2017 Opinion or Order Filing 117 Ex Parte MOTION for Extension of Time to Complete Discovery and Continue MSC by Stephen Michael Lobbin. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Stephen M. Lobbin)(Lobbin, Stephen) (dxj).
April 19, 2017 Opinion or Order Filing 116 Supplemental MOTION to Compel by Stephen Michael Lobbin. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Stephen M. Lobbin, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23)(Lobbin, Stephen) (dxj).
April 18, 2017 Opinion or Order Filing 115 RESPONSE in Opposition re #97 MOTION to Compel Deposition of Intervenor Stephen Lobbin filed by Stephen Michael Lobbin. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Lobbin, Stephen) (dxj).
April 18, 2017 Opinion or Order Filing 114 RESPONSE in Opposition re #98 MOTION to Compel Deposition of The Eclipse Group LLP's FRCP Rule 30(b)(6) Witnesses filed by The Eclipse Group LLP. (Attachments: #1 Declaration Edward F. O'Connor, #2 Exhibit 1)(O'Connor, Edward) (dxj).
April 18, 2017 Opinion or Order Filing 113 RESPONSE in Opposition re #100 MOTION to Compel Deposition of Edward O'Connor filed by The Eclipse Group LLP. (Attachments: #1 Declaration Edward F. O'Connor, #2 Exhibit 1)(O'Connor, Edward) (dxj).
April 17, 2017 Opinion or Order Filing 112 MOTION to Compel Intervenor Lobbin to Provide Further Responses to Defendants' Request for Admissions, Set One, by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Cirlin)(Cirlin, Jason) (dxj).
April 17, 2017 Opinion or Order Filing 111 MOTION to Compel Intervenor to Provide Further Responses to Defendants' Interrogatories, Set One, by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Cirlin)(Cirlin, Jason) (dxj).
April 17, 2017 Opinion or Order Filing 110 MOTION to Compel Plaintiff to Provide Further Responses to Defendants' Interrogatories, Set One, by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Cirlin)(Cirlin, Jason) (dxj).
April 17, 2017 Opinion or Order Filing 109 MOTION to Compel Plaintiff to Provide Further Responses to Defendants' Request for Production of Documents, Set One, by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Cirlin)(Cirlin, Jason) (dxj).
April 17, 2017 Opinion or Order Filing 108 MOTION to Compel Plaintiff to Provide Further Responses to Defendants' Requests for Admissions, Set One, by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Cirlin)(Cirlin, Jason) (dxj).
April 14, 2017 Opinion or Order Filing 107 ORDER granting in part and denying in part #104 Motion to Extend Certain Dates. Signed by Magistrate Judge Barbara Lynn Major on 4/14/2017. (acc)
April 14, 2017 Opinion or Order Filing 106 REPLY to Response to Motion re #104 Ex Parte MOTION for Extension of Time to File and for Expert Reports filed by Stephen Michael Lobbin. (Lobbin, Stephen) (dxj).
April 13, 2017 Opinion or Order Filing 105 RESPONSE in Opposition re #103 Ex Parte MOTION for Extension of Time to File Response/Reply and for Expert Reports, #104 Ex Parte MOTION for Extension of Time to File and for Expert Reports filed by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) (dxj).
April 13, 2017 Opinion or Order Filing 104 Ex Parte MOTION for Extension of Time to File and for Expert Reports by Stephen Michael Lobbin. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Stephen M. Lobbin, #3 Exhibit 1)(Lobbin, Stephen) (dxj).
April 12, 2017 Opinion or Order Filing 103 Ex Parte MOTION for Extension of Time to File Response/Reply and for Expert Reports by Stephen Michael Lobbin. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit 1)(Lobbin, Stephen) QC Mailer re: Missing memo of points and authorities (dxj).
April 11, 2017 Opinion or Order Filing 102 ORDER Denying Without Prejudice Motion for Summary Adjudication [ECF. No. #79 ]. Signed by Judge Janis L. Sammartino on 4/11/2017. (jjg)
April 10, 2017 Opinion or Order Filing 101 RESPONSE in Opposition re #86 Ex Parte MOTION to Continue Motion for Partial Summary Judgment filed by Stephen Michael Lobbin. (Lobbin, Stephen) (fth).
April 7, 2017 Opinion or Order Filing 100 MOTION to Compel Deposition of Edward O'Connor by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Cirlin)(Cirlin, Jason) (jjg).
April 7, 2017 Opinion or Order Filing 99 REPLY to Response to Motion re #86 Ex Parte MOTION to Continue Motion for Partial Summary Judgment filed by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) (jjg).
April 7, 2017 Opinion or Order Filing 98 MOTION to Compel Deposition of The Eclipse Group LLP's FRCP Rule 30(b)(6) Witnesses by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Cirlin)(Cirlin, Jason) (jjg).
April 7, 2017 Opinion or Order Filing 97 MOTION to Compel Deposition of Intervenor Stephen Lobbin by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Cirlin)(Cirlin, Jason) (jjg).
April 7, 2017 Opinion or Order Filing 96 ORDER Requiring Supplemental Pleadings Regarding Intervenor's #83 MOTION to Compel . The Court orders Intervenor to file a supplemental pleading on or before 4/19/2017. Defendant may file a response to the supplemental pleading on or before 4/26/2017. Signed by Magistrate Judge Barbara Lynn Major on 4/7/2017.(dxj)
April 7, 2017 Opinion or Order Filing 95 ORDER Setting Briefing Schedule re #94 Ex Parte MOTION for Extension of Time to File Motions to Compel Further Responses to Written Discovery. It is ordered that defendants' motion is granted. Defendants must file their motion on or before 4/17/2017; Any oppositions must be filed on or before 4/24/2017; Defendants must file their reply, if any, on or before 5/1/2017. Upon completion of the briefing, the Court will take the matter under submission pursuant to Civil Local Rule 7.1(d) (1) and no personal appearances will be required. Signed by Magistrate Judge Barbara Lynn Major on 4/7/2017.(dxj)
April 6, 2017 Opinion or Order Filing 94 Ex Parte MOTION for Extension of Time to File Motions to Compel Further Responses to Written Discovery by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Cirlin)(Cirlin, Jason) (dxj).
April 5, 2017 Opinion or Order Filing 93 RESPONSE in Opposition re #86 Ex Parte MOTION to Continue Motion for Partial Summary Judgment filed by The Eclipse Group LLP. (O'Connor, Edward) (dxj).
April 4, 2017 Opinion or Order Filing 92 RESPONSE in Opposition re #86 Ex Parte MOTION to Continue Motion for Partial Summary Judgment filed by Stephen Michael Lobbin. (Lobbin, Stephen) (dxj).
April 4, 2017 Opinion or Order Filing 91 RESPONSE in Opposition re #83 MOTION to Compel filed by Kmart Corporation, Target Corporation. (Cirlin, Jason) (dxj).
April 4, 2017 Opinion or Order Filing 90 ORDER Setting Briefing Schedule. On 4/3/2017, defense counsel, Mr. Jason N. Cirlin, contacted the Court regarding a discovery dispute brought by defendants concerning plaintiff's and intervenor's discovery responses. In regard to this dispute, the Court finds it appropriate to set the following briefing schedule: Defendants must file their motion on or before 4/11/2017; Any oppositions must be filed on or before 4/18/2017; and defendants must file their reply, if any, on or before 4/25/2017. Upon completion of the briefing, the Court will take the matter under submission pursuant to Civil Local Rule 7.1(d) (1) and no personal appearances will be required. Signed by Magistrate Judge Barbara Lynn Major on 4/4/2017.(dxj)
March 30, 2017 Opinion or Order Filing 89 ORDER Setting Briefing Schedule : In regard to the discovery dispute, the Court orders that defendants must file their motion on or before4/7/2017. Plaintiff and intervenor must file their oppositions on or before 4/14/2017. Upon completion of the briefing, the Court will take the matter under submission pursuant to Civil Local Rule 7.1(d)(1) and no personal appearances will be required. Signed by Magistrate Judge Barbara Lynn Major on 3/30/2017.(dxj)
March 30, 2017 Opinion or Order Filing 88 RESPONSE in Opposition re #83 MOTION to Compel filed by Kmart Corporation, Target Corporation. (Attachments: #1 Declaration of Jason Cirlin)(Cirlin, Jason) QC Mailer re: Incorrect Judges initials(dxj).
March 28, 2017 Opinion or Order Filing 87 ORDER (1) Granting In Part Defendants' #86 Ex Parte Application to Continue Motion For Summary Adjudication; (2) Continuing Opposition Deadline For Motion For Summary Adjudication; And (3) Setting Opposition Deadline for Ex Parte Application to Continue Motion For Summary Adjudication. It is ordered that the Court continues the hearing on the pending Motion for Summary Adjudication until 6/15/2017 at 01:30 p.m. Defendants shall file their opposition on or before 5/4/2017. Intevenor shall his reply, if any, on or before 5/18/2017. Additionally, Intervenor shall file a response regarding defendants' continuance motion on or before 4/4/2017. Signed by Judge Janis L. Sammartino on 3/28/2017. (dxj)
March 27, 2017 Opinion or Order Filing 86 Ex Parte MOTION to Continue Motion for Partial Summary Judgment by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration)(Cirlin, Jason) (dxj).
March 24, 2017 Opinion or Order Filing 85 DECLARATION re #84 Declaration CORRECTED DECLARATION INCLUDING EXS. 1-6 by Intervenor Plaintiff Stephen Michael Lobbin. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 13, #8 Exhibit 14, #9 Exhibit 15, #10 Exhibit 16, #11 Exhibit 17)(Lobbin, Stephen) QC Mailer re: Exhibits not properly identified (dxj).
March 23, 2017 Opinion or Order Filing 84 DECLARATION re #83 MOTION to Compel by Intervenor Plaintiff Stephen Michael Lobbin. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17)(Lobbin, Stephen) (dxj).
March 23, 2017 Opinion or Order Filing 83 MOTION to Compel by Stephen Michael Lobbin. (Attachments: #1 Memo of Points and Authorities)(Lobbin, Stephen) (dxj).
March 16, 2017 Opinion or Order Filing 82 ORDER Setting Briefing Schedule For Motion To Compel With Responses. It is ordered that the intervernor plaintiff to file his motion to compel on or before 3/23/2017. Defendants' opposition to the motion must be filed on or before 3/30/2017. Upon completion of the briefing, the Court will take the matter under submission pursuant to Civil Local Rule 7.1(d) (1) and no personal appearances will be required. Signed by Magistrate Judge Barbara Lynn Major on 3/16/2017.(dxj)
March 15, 2017 Opinion or Order Filing 81 STATUS REPORT Joint Status Report Re Motion to Compel by Stephen Michael Lobbin. (Lobbin, Stephen) (dxj).
March 13, 2017 Opinion or Order Filing 80 ORDER Setting Briefing Schedule re #79 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart : It is ordered that defendants shall file their opposition on or before 3/30/2017. Intervenor shall file his reply, if any, on or before 4/13/2017. A hearing on the motion is set for 5/11/2017 at 01:30 p.m. in Courtroom 4D. Signed by Judge Janis L. Sammartino on 3/13/2017.(dxj)
March 10, 2017 Opinion or Order Filing 79 MOTION for Summary Adjudication of Liability of Defendants Target and Kmart by Stephen Michael Lobbin. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Stephen M. Lobbin)(Lobbin, Stephen) (dxj).
March 8, 2017 Opinion or Order Filing 78 ORDER Granting Defendants' #74 Motion to Strike And Vacating Briefing Schedule. It is ordered that the Court vacates the 3/7/2017 briefing schedule [see ECF No. 73], and orders the parties to meet and confer regarding the discovery issues addressed in intervenor plaintiff's Motion to Compel [see ECF No. 72]. The parties are further ordered to file a Joint Status Report on or before 3/15/2017 detailing their meet and confer efforts and stating whether they have resolved any or all of the discovery issues. Signed by Magistrate Judge Barbara Lynn Major on 3/8/2017. (dxj) (Additional attachment(s) added on 3/8/2017: #1 Striken Document) (dxj).
March 8, 2017 Opinion or Order Filing 77 ORDER Granting Defendants' #71 Ex Parte Motion to Continue Mandatory Settlement Conference. It is ordered that the Mandatory Settlement Conference is continued to 7/19/2017 at 09:30 a.m. All guidelines and requirements pertaining to the previously-scheduled MSC remain in effect and the parties must submit their confidential settlement statements no later than 7/10/2017 (See ECF 68). Signed by Magistrate Judge Barbara Lynn Major on 3/8/2017. (dxj) (sjt).
March 8, 2017 Opinion or Order Filing 76 RESPONSE in Opposition re #71 Ex Parte MOTION to Continue Mandatory Settlement Conference filed by The Eclipse Group LLP. (O'Connor, Edward) (dxj).
March 8, 2017 Opinion or Order Filing 75 RESPONSE in Opposition re #71 Ex Parte MOTION to Continue Mandatory Settlement Conference filed by Stephen Michael Lobbin. (Lobbin, Stephen) (dxj).
March 7, 2017 Opinion or Order Filing 74 MOTION to Strike #72 MOTION to Compel Concerning Defendants Target and Kmart by Kmart Corporation, Target Corporation. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason N. Cirlin)(Cirlin, Jason) (dxj).
March 7, 2017 Opinion or Order Filing 73 ORDER Setting Briefing Schedule re #72 MOTION to Compel Concerning Defendants Target and Kmart. It is ordered that defendants must file any opposition on or before 3/14/2017. Intervenor plaintiff must file his reply, if any, on or before 3/21/2017. Upon completion of the briefing, the Court will take the matter under submission pursuant to Civil Local Rule 7.1(d) (1) and no personal appearance will be required. Signed by Magistrate Judge Barbara Lynn Major on 3/7/2017.(dxj)
March 7, 2017 Opinion or Order Filing 72 **DOCUMENT STRICKEN PER ORDER #78 ** MOTION to Compel Concerning Defendants Target and Kmart by Stephen Michael Lobbin. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration Stephen M. Lobbin, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14)(Lobbin, Stephen) (dxj).
March 6, 2017 Opinion or Order Filing 71 Ex Parte MOTION to Continue Mandatory Settlement Conference by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Attachments: #1 Declaration of Jason N. Cirlin)(Cirlin, Jason) (dxj).
March 3, 2017 Opinion or Order Filing 70 ORDER Setting Briefing Schedule : Intervenor Plaintiff shall file his motion on or before 3/10/2017. Any oppositions due by 3/24/2017. Intervenor Plaintiff shall file his reply, 3/30/2017. Signed by Magistrate Judge Barbara Lynn Major on 3/3/2017.(dxj)
December 8, 2016 Opinion or Order Filing 69 NOTICE OF JUDGMENT LIEN by Burkhalter Kessler Clement & George, LLP (Hardeman, Eric)Attorney Eric J. Hardeman added to party Burkhalter Kessler Clement & George, LLP(pty:cr) (kcm).
November 21, 2016 Opinion or Order Filing 68 SCHEDULING ORDER Regulating Discovery and Other Pre-Trial Proceedings: Mandatory Settlement Conference set for 3/13/2017 09:30 AM before Magistrate Judge Barbara Lynn Major. Memorandum of Contentions of Fact and Law due by 9/28/2017. Proposed Pretrial Order due by 10/19/2017. Final Pretrial Conference set for 10/26/2017 01:30 PM before Judge Janis L. Sammartino. Signed by Magistrate Judge Barbara Lynn Major on 11/21/2016.(kcm)
November 21, 2016 Opinion or Order Filing 67 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (T)Early Neutral Evaluation Conference held on 11/21/2016, (T)Case Management Conference held on 11/21/2016. Case did not settle. Order to follow. (Plaintiff Attorney Edward F. O'Connor). (Defendant Attorney Jason Nadav Cirlin). (Intervenor Plaintiff Attorney: Stephen M. Lobbin).(no document attached) (jb1)
November 10, 2016 Opinion or Order Filing 66 REPORT of Rule 26(f) Planning Meeting. (Lobbin, Stephen) (kcm).
October 24, 2016 Opinion or Order Filing 65 DEMAND for Trial by Jury by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) (kcm).
October 17, 2016 Opinion or Order Filing 64 NOTICE AND ORDER for Telephonic Early Neutral Evaluation Conference and Case Management Conference. Telephonic Early Neutral Evaluation set for 11/21/2016 11:00 AM before Magistrate Judge Barbara Lynn Major. Joint Discovery Plan due 11/10/2016. Signed by Magistrate Judge Barbara Lynn Major on 10/17/2016.(kcm)
October 14, 2016 Opinion or Order Filing 63 ANSWER to #58 Intervenor Complaint by Kmart Corporation, Target Corporation, Toys R Us, Inc..(Cirlin, Jason) (kcm).
October 14, 2016 Opinion or Order Filing 62 ANSWER to #50 Amended Complaint, by Kmart Corporation, Target Corporation, Toys R Us, Inc..(Cirlin, Jason) (kcm).
October 11, 2016 Opinion or Order Filing 61 ORDER granting #60 Joint Motion to Extend Defendants' Time to Respond to Intervenor's Complaint. Good cause appearing, the Court grants the parties' Joint Motion. The Defendants shall file their response to Lobbin's complaint on or before October 14, 2016. Signed by Judge Janis L. Sammartino on 10/14/2016. (kcm)
October 7, 2016 Opinion or Order Filing 60 Joint MOTION for Extension of Time to File Answer to Stephen Lobbin's Complaint in Intervention by Kmart Corporation, Target Corporation. (Cirlin, Jason) (kcm).
September 30, 2016 Opinion or Order Filing 59 ORDER denying #52 Motion for More Definite Statement. Given the foregoing, the Court concludes that Plaintiff has pled sufficient factual matter to apprise Defendants of the claims against them and the damages sought. Accordingly, Defendants Statement Motion is denied. Signed by Judge Janis L. Sammartino on 9/30/2016. (kcm)
September 19, 2016 Opinion or Order Filing 58 Intervenor COMPLAINT , filed by Stephen Michael Lobbin. (Lobbin, Stephen) (kcm).
September 15, 2016 Opinion or Order Filing 57 ORDER granting #49 Motion for Permissive Intervention. Signed by Judge Janis L. Sammartino on 9/15/2016. (kcm)
July 26, 2016 Opinion or Order Filing 56 ORDER Vacating Hearing. The Court hereby vacates the hearing on this Motion, set for July 28, 2016, and takes this matter under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Motions Submitted #52 MOTION for More Definite Statement. Signed by Judge Janis L. Sammartino on 7/26/2016.(kcm)
July 21, 2016 Opinion or Order Filing 55 REPLY to Response to Motion re #52 MOTION for More Definite Statement filed by Kmart Corporation, Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) (kcm).
July 12, 2016 Opinion or Order Filing 54 RESPONSE in Opposition re #52 MOTION for More Definite Statement filed by The Eclipse Group LLP. (O'Connor, Edward) (kcm).
June 21, 2016 Opinion or Order Filing 53 REPLY to Response to Motion re #49 Ex Parte MOTION to Intervene filed by Stephen Michael Lobbin. (Lobbin, Stephen) (kcm).
June 16, 2016 Opinion or Order Filing 52 MOTION for More Definite Statement by Kmart Corporation, Target Corporation, Toys R Us, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proof of Service)(Cirlin, Jason) (kcm).
June 7, 2016 Opinion or Order Filing 51 RESPONSE in Opposition re #49 Ex Parte MOTION to Intervene filed by The Eclipse Group LLP. (Attachments: #1 Exhibit A)(O'Connor, Edward) (kcm).
June 2, 2016 Opinion or Order Filing 50 AMENDED COMPLAINT with Jury Demand against Kmart Corporation, Target Corporation, Toys R Us, Inc., filed by The Eclipse Group LLP. (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) (O'Connor, Edward) (kcm).
June 1, 2016 Opinion or Order Filing 49 Ex Parte MOTION to Intervene by Stephen Michael Lobbin. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit 1)(Lobbin, Stephen) (kcm).
May 26, 2016 Opinion or Order Filing 48 ORDER (1) denying #17 Motion to Dismiss; (2) granting Motion for a More Definite Statement; (3) denying #30 Motion for Sanctions; (4) granting #36 Motion for Leave to File Amended Complaint; and (5) denying #38 Motion to Intervene. The Court: 1. denies Defendants MTD but directs the parties to contact Magistrate Judge Major's chambers regarding development of a discovery plan for the purpose of general personal jurisdiction; 2. grants Defendants' request for a more definite statement; 3. denies Defendants' Sanctions Motion; 4. grants Plaintiff's FAC Motion and directs Plaintiff to file its First Amended Complaint within seven days of the date this Order is electronically docketed; and 5. denies Lobbins Intervention Motion. Signed by Judge Janis L. Sammartino on 5/26/2016. (kcm)
March 25, 2016 Opinion or Order Filing 47 REPLY to Response to Motion re #38 MOTION to Intervene filed by Stephen Michael Lobbin. (Attachments: #1 Declaration Lobbin-Reply, #2 Exhibit 2)(Lobbin, Stephen) (rlu).
March 24, 2016 Opinion or Order Filing 46 REPLY to Response to Motion re #36 MOTION for Leave to File First Amended Complaint filed by The Eclipse Group LLP. (O'Connor, Edward) (kcm).
March 21, 2016 Opinion or Order Filing 45 ORDER Vacating Hearings. Motions Submitted : #30 MOTION for Sanctions per FRCP 11, #41 MOTION to Continue Hearing Date, #38 MOTION to Intervene , #36 MOTION for Leave to File First Amended Complaint. Signed by Judge Janis L. Sammartino on 3/21/2016.(kcm)
March 17, 2016 Opinion or Order Filing 44 OBJECTION by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc. re #38 MOTION to Intervene Declaration of Stephen Lobbin. (Cirlin, Jason) (jpp).
March 17, 2016 Opinion or Order Filing 43 RESPONSE in Opposition re #38 MOTION to Intervene filed by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc.. (Cirlin, Jason)(jpp).
March 17, 2016 Opinion or Order Filing 42 RESPONSE in Opposition re #38 MOTION to Intervene filed by The Eclipse Group LLP. (Attachments: #1 Declaration Jennifer H. Hamilton)(O'Connor, Edward) (jpp).
March 16, 2016 Opinion or Order Filing 41 MOTION to Continue Hearing Date by The Eclipse Group LLP. (O'Connor, Edward) (kcm).
March 10, 2016 Opinion or Order Filing 40 RESPONSE in Opposition re #36 MOTION for Leave to File First Amended Complaint filed by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc.. (Cirlin, Jason) (kcm).
February 29, 2016 Opinion or Order Filing 39 ORDER Setting Briefing Schedule re #30 MOTION for Sanctions per FRCP 11, #38 MOTION to Intervene : Motion Hearing set for 4/14/2016 10:00 AM in Courtroom 4A before Judge Janis L. Sammartino. Responses due by 3/17/2016; Replies due by 3/31/2016. The Court hereby sets a hearing for Lobbin's Motion to Intervene for 10 a.m. on Thursday, April 14, 2016 in Courtroom 4A. The Court also hereby CONTINUES the hearing on certain Defendants' Rule 11 Motion, (ECF No. 30), to 10 a.m. on Thursday, April 14, 2016 in Courtroom 4A. Any party who wishes to respond to the Motion to Intervene may do so on or before March 17, 2016. Lobbin may file a reply on or before March 31, 2016. Signed by Judge Janis L. Sammartino on 2/29/2016.(kcm)
February 25, 2016 Opinion or Order Filing 38 MOTION to Intervene by Stephen Michael Lobbin. (Attachments: #1 Declaration, #2 Exhibit 1)(Lobbin, Stephen)Attorney Stephen M. Lobbin added to party Stephen Michael Lobbin(pty:intv) (kcm).
February 22, 2016 Opinion or Order Filing 37 ORDER Setting Briefing Schedule re #36 MOTION for Leave to File First Amended Complaint : Responses due by 3/10/2016; Replies due by 3/24/2016. Signed by Judge Janis L. Sammartino on 2/22/2016.(kcm)
February 19, 2016 Opinion or Order Filing 36 MOTION for Leave to File First Amended Complaint by The Eclipse Group LLP. (Attachments: #1 Memo of Points and Authorities, #2 Declaration Edward F. O'Connor, #3 Exhibit 1, #4 Exhibit 2)(O'Connor, Edward) (kcm).
February 18, 2016 Opinion or Order Filing 35 REPLY to Response to Motion re #30 MOTION for Sanctions per FRCP 11 filed by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc.. (Attachments: #1 Declaration of Chan Siu Lun Alan, #2 Objections to Plaintiff's Evidence)(Cirlin, Jason) (kcm).
February 11, 2016 Opinion or Order Filing 34 RESPONSE in Opposition re #30 MOTION for Sanctions per FRCP 11 filed by The Eclipse Group LLP. (Attachments: #1 Declaration Edward F. O'Connor, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(O'Connor, Edward) (kcm).
January 28, 2016 Opinion or Order Filing 33 NOTICE by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc. of Withdrawal of Motion to Stay Litigation (Cirlin, Jason) (kcm).
January 26, 2016 Opinion or Order Filing 32 SUPPLEMENTAL BRIEFING by Plaintiff The Eclipse Group LLP re #25 Response in Opposition to Motion, to Stay. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(O'Connor, Edward) (kcm).
January 22, 2016 Opinion or Order Filing 31 ORDER Setting Briefing Schedule re #30 MOTION for Sanctions per FRCP 11 : Responses due by 2/11/2016, Replies due by 2/25/2016. Signed by Judge Janis L. Sammartino on 1/22/2016.(kcm)
January 21, 2016 Opinion or Order Filing 30 MOTION for Sanctions per FRCP 11 by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Jason Walbourn, #3 Declaration of Diana Hsu, #4 Declaration of Elizabeth Samb, #5 Declaration of H. Thomas Mitchell, #6 Declaration of Joel Tennenberg, #7 Declaration of Brian Dubinsky, #8 Declaration of Jason Cirlin, #9 Request for Judicial Notice, #10 Proof of Service)(Cirlin, Jason) (kcm).
January 11, 2016 Opinion or Order Filing 29 ORDER Vacating Hearing. The Court HEREBY VACATES the hearing on this Motion, set for Thursday, January 14, 2016, and takes these matters under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). Motions Submitted #18 MOTION to Stay Litigation, #17 MOTION to Dismiss for Failure to State a Claim , #14 MOTION to Dismiss for Failure to State a Claim . Signed by Judge Janis L. Sammartino on 1/11/2016.(kcm)
December 23, 2015 Opinion or Order Filing 28 REPLY to Response to Motion re #18 MOTION to Stay Litigation filed by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc.. (Cirlin, Jason)
December 23, 2015 Opinion or Order Filing 27 REPLY to Response to Motion re #17 MOTION to Dismiss for Failure to State a Claim filed by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc.. (Cirlin, Jason)
December 21, 2015 Opinion or Order Filing 26 NOTICE of Voluntary Dismissal by The Eclipse Group LLP Against Defendant Amazon.com (O'Connor, Edward) (kcm).
December 10, 2015 Opinion or Order Filing 25 RESPONSE in Opposition re #18 MOTION to Stay Litigation, #17 MOTION to Dismiss for Failure to State a Claim , #14 MOTION to Dismiss for Failure to State a Claim filed by The Eclipse Group LLP. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(O'Connor, Edward) (jao).
October 30, 2015 Opinion or Order Filing 24 ORDER Setting Briefing Schedule re #17 MOTION to Dismiss for Failure to State a Claim , #18 MOTION to Stay Litigation : Plaintiff The Eclipse Group LLP SHALL FILE its response to these Motions on or before December 10, 2015. The Defendants SHALL FILE their reply, if any, on or before December 23, 2015. Signed by Judge Janis L. Sammartino on 10/30/2015.(jao)
October 26, 2015 Opinion or Order Filing 23 NOTICE of Party With Financial Interest by Toys R Us, Inc. (Cirlin, Jason) (jao).
October 26, 2015 Opinion or Order Filing 22 NOTICE of Party With Financial Interest by Fingerhut Direct Marketing, Inc. (Cirlin, Jason) (jao).
October 26, 2015 Opinion or Order Filing 21 NOTICE of Party With Financial Interest by Menard, Inc. (Cirlin, Jason) (jao).
October 26, 2015 Opinion or Order Filing 20 NOTICE of Party With Financial Interest by Kmart Corporation (Cirlin, Jason) (jao).
October 26, 2015 Opinion or Order Filing 19 NOTICE of Party With Financial Interest by Target Corporation (Cirlin, Jason) (jao).
October 26, 2015 Opinion or Order Filing 18 ***DOCUMENT WITHDRAWN PER NOTICE #33 *** MOTION to Stay Litigation by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Stay, #2 Declaration of Stephen L. Raucher in Support of Motion to Stay, #3 Proof of Service)(Cirlin, Jason) (jao). Modified on 1/29/2016 to withdraw Motion(kcm).
October 26, 2015 Opinion or Order Filing 17 MOTION to Dismiss for Failure to State a Claim by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation, Toys R Us, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss, #2 Declaration of James C. Anderson in Support of Motion to Dismiss, #3 Declaration of H. Thomas Mitchell in Support of Motion to Dismiss, #4 Declaration of Brian Dubinsky in Support of Motion to Dismiss, #5 Request for Judicial Notice in Support of Motion to Dismiss, #6 Proof of Service)(Cirlin, Jason)(jao).
October 22, 2015 Opinion or Order Filing 16 ORDER Setting Briefing Schedule re #14 MOTION to Dismiss for Failure to State a Claim : Plaintiff The Eclipse Group LLP shall file its response to Amazons Motion on or before December 10, 2015. Amazon shall file its reply, if any, on or before December 23, 2015. Signed by Judge Janis L. Sammartino on 10/22/2015.(jao)
October 19, 2015 Opinion or Order Filing 15 NOTICE of Party With Financial Interest by Amazon.com, Inc. (Doll, Gregory) (jao).
October 19, 2015 Opinion or Order Filing 14 MOTION to Dismiss for Failure to State a Claim by Amazon.com, Inc.. (Attachments: #1 Memo of Points and Authorities in Support of Motion to Dismiss, #2 Declaration of Andrew C. DeVore in Support of Motion to Dismiss, #3 Request for Judicial Notice in Support of Motion to Dismiss, #4 Proof of Service)(Doll, Gregory) (jao).
October 6, 2015 Opinion or Order Filing 13 ORDER Granting #11 Joint Motions for Extension of Time to Respond to Complaint. Amazon shall file its response to Plaintiff's complaint on or before October 19, 2015. TRU shall file its response to Plaintiff's complaint on or before October 26, 2015. As noted in both Joint Motions, these stipulations shall not be construed as a waiver of either defendant's jurisdictional or other challenges to the complaint. Signed by Judge Janis L. Sammartino on 10/6/2015. (jao)
October 5, 2015 Opinion or Order Filing 12 Joint MOTION for Extension of Time to File Response/Reply To Plaintiff's Complaint by Toys R Us, Inc.. (Cirlin, Jason)Attorney Jason Nadav Cirlin added to party Toys R Us, Inc.(pty:dft) (jao).
October 5, 2015 Opinion or Order Filing 11 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Amazon.com, Inc.. (Doll, Gregory)Attorney Gregory L. Doll added to party Amazon.com, Inc.(pty:dft) (jao).
September 30, 2015 Opinion or Order Filing 10 ORDER Granting #9 Joint Motion for Extension of Time to Respond to Complaint. Defendants shall file their answer on or before October 26, 2015. Signed by Judge Janis L. Sammartino on 9/30/2015. (jao)
September 29, 2015 Opinion or Order Filing 9 Joint MOTION for Extension of Time to File Response/Reply To Plaintiff's Complaint by Fingerhut Direct Marketing, Inc., Kmart Corporation, Menard, Inc., Target Corporation. (Cirlin, Jason)Attorney Jason Nadav Cirlin added to party Fingerhut Direct Marketing, Inc.(pty:dft), Attorney Jason Nadav Cirlin added to party Kmart Corporation(pty:dft), Attorney Jason Nadav Cirlin added to party Menard, Inc.(pty:dft), Attorney Jason Nadav Cirlin added to party Target Corporation(pty:dft) (jao).
September 4, 2015 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed by The Eclipse Group LLP, as to Amazon.com, Inc.. (O'Connor, Edward) (jao).
August 26, 2015 Opinion or Order Filing 7 WAIVER OF SERVICE Returned Executed by The Eclipse Group LLP, as to Kmart Corporation. (O'Connor, Edward)
August 26, 2015 Opinion or Order Filing 6 WAIVER OF SERVICE Returned Executed by The Eclipse Group LLP, as to Fingerhut Direct Marketing, Inc.. (O'Connor, Edward)
August 26, 2015 Opinion or Order Filing 5 WAIVER OF SERVICE Returned Executed by The Eclipse Group LLP, as to Target Corporation. (O'Connor, Edward)
June 29, 2015 Opinion or Order Filing 4 MINUTE ORDER OF RECUSAL. Judge Thomas J. Whelan recuses from this case and requests another District Judge be randomly assigned. Case reassigned to Judge Janis L. Sammartino for all further proceedings. The new case number is 15cv1411-JLS(BLM).(no document attached) (jsp)
June 29, 2015 Opinion or Order Filing 3 MINUTE ORDER - The Honorable Nita L. Stormes recuses from this case and ORDERS that the case be reassigned to another magistrate judge. Case reassigned to Magistrate Judge Barbara Lynn Major for all further proceedings. The new case number is 15CV1411-W(BLM). (jpp)
June 26, 2015 Opinion or Order Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (acc)
June 26, 2015 Opinion or Order Filing 1 COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400 receipt number 0974-8196877.), filed by The Eclipse Group LLP. (Attachments: #1 Cover Sheet)The new case number is 3:15-cv-1411-W-NLS. Judge Thomas J. Whelan and Magistrate Judge Nita L. Stormes are assigned to the case. (O'Connor, Edward)(acc)

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Search for this case: The Eclipse Group LLP v. Target Corporation et al
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Defendant: Amazon.com, Inc.
Represented By: Gregory L. Doll
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Defendant: Menard, Inc.
Represented By: Jason Nadav Cirlin
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Defendant: Kmart Corporation
Represented By: Teresa Carey Chow
Represented By: Josephine Tung
Represented By: Jason Nadav Cirlin
Represented By: John S. Letchinger
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Defendant: Fingerhut Direct Marketing, Inc.
Represented By: Jason Nadav Cirlin
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Defendant: Toys R Us, Inc.
Represented By: Jason Nadav Cirlin
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Defendant: Target Corporation
Represented By: Teresa Carey Chow
Represented By: Josephine Tung
Represented By: Jason Nadav Cirlin
Represented By: John S. Letchinger
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Plaintiff: The Eclipse Group LLP
Represented By: Edward F. O'Connor
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Intervenor plaintiff: Stephen Michael Lobbin
Represented By: Matthew Miguel Mahoney
Represented By: Stephen M. Lobbin
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