Key Outdoor Inc v. Briggs et al
| Key Outdoor Inc |
| Wayne Briggs, Jr and Motion Media Inc |
| 2:2019cv02028 |
| February 6, 2019 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on April 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 39 Reply by Key Outdoor Inc re #36 Answer to Complaint Reply to Amended Affirmative Defenses.. (Kelly, Timothy) |
| Filing 38 Minute Entry for proceedings held 3/26/19 before Magistrate Judge Eric I. Long. Appearance for Plaintiff by Tim Kelly. Appearance for Defendant by George Bellas. Rule 16 conference held by telephone. Plan approved; dates set. Consent to magistrate judge discussed (form attached). ADR options offered, including court-hosted settlement conference. The following discovery deadlines are set: Initial disclosure due by 4/15/19; Amended pleadings due by 7/1/19; Joinder of parties due by 7/1/19; Plaintiff's expert disclosure and expert reports due by 8/1/19; Plaintiff shall make experts available for deposition by 10/1/19; Defendant's expert disclosure and expert reports due by 8/1/19; Defendant shall make experts available for deposition by 10/1/19; Discovery, including deposition of experts, due by 10/1/19; Case dispositive motions due by 11/1/19. Final Pretrial Conference is scheduled for 2/24/20 at 1:30 PM by personal appearance before Judge Colin S. Bruce, Courtroom A, Urbana. Bench Trial is scheduled for 3/10/20 at 9:00 AM before Judge Colin S. Bruce, Courtroom A, Urbana, (3 days). Status Hearing set before Judge Eric I. Long on 4/29/19 at 10:45 AM by telephone to discuss possible court hosted mediation or summary trial. (Tape #UR-B 11:19 AM.) (TC, ilcd) |
| Set/Reset Hearings: Status Conference set for 4/29/19 at 10:45 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (TC, ilcd) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 3/20/19 finding Notice of Motion #35 STRICKEN as unnecessary. (TC, ilcd)
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| Filing 37 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Key Outdoor Inc. (Kelly, Timothy) |
| Filing 36 DEFENDANTS' AMENDED ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF'S COMPLAINT by Wayne Briggs, Jr, Motion Media Inc. (TC, ilcd) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/19/19. This Court has reviewed the parties' Report of Rule 26(f) Planning Meeting #37 and pursuant to the Order #26 scheduling this matter for a Rule 16 hearing conference by personal appearance on March 26, 2019, at 11:15 A.M., the matter is hereby converted from personal appearance to telephone conference on the same date at the same time. The Court will initiate the call. (TC, ilcd)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/19/19. On February 28, 2019, Defendants filed a Motion for Leave to File Amended Answer #29 . Plaintiff's deadline to oppose the motion was March 14, 2019. As no opposition was filed, the Court will presume Plaintiff does not oppose the Motion. See L.R. 7.1(b)(2). Accordingly, Defendants' Motion for Leave to File Amended Answer #29 is GRANTED. The Clerk is directed to file Defendants' Amended Answer and Affirmative Defenses to Plaintiff's Complaint [29-1] instanter. (TC, ilcd)
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| Filing 35 **STRICKEN** NOTICE of Motion (Kelly, Timothy) Modified on 3/20/2019 as unnecessary (TC, ilcd). |
| Filing 34 MOTION for Leave to File Response to Motion to Transfer Venue Instanter by Plaintiff Key Outdoor Inc. Responses due by 3/29/2019 (Kelly, Timothy) |
| Filing 33 NOTICE Notice of Filing re #32 Response to Motion (Kelly, Timothy) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 3/15/2019. Plaintiff's Motion for Leave to File Response to Motion to Transfer Venue Instanter #34 is GRANTED. The court considers the Response #32 to be properly filed. (JMB, ilcd)
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| Filing 32 RESPONSE to Motion re #30 MOTION to Transfer Case filed by Plaintiff Key Outdoor Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Kelly, Timothy) |
| Filing 31 CERTIFICATE of Service. (Cygan, Misty) |
| Set/Reset Deadlines: Responses due by 3/14/2019 as to #30 MOTION to Transfer Case. (Filed as MEMORANDUM of Law in Support of Defendants' Motion to Transfer Venue by Wayne Briggs, Jr, Motion Media Inc.) (KM, ilcd) |
| Filing 30 **MOTION** MEMORANDUM of Law in Support of Defendants' Motion to Transfer Venue by Wayne Briggs, Jr, Motion Media Inc. (Attachments: #1 Exhibit Exhibit A) Responses due by 3/14/2019 (Cygan, Misty) Modified on 3/1/2019 to correct to motion event and add response deadline (KM, ilcd). Modified on 3/4/19 to add the word **MOTION** (TC, ilcd). |
| Filing 29 MOTION for Leave to File Amended Answer by Defendants Wayne Briggs, Jr, Motion Media Inc. Responses due by 3/14/2019 (Attachments: #1 Exhibit Exhibit A)(Cygan, Misty) |
| Filing 28 NOTICE Notice of Filing re #27 Affirmative Defenses (Leslie, William) |
| Filing 27 AFFIRMATIVE DEFENSES Plaintiff's Reply to Affirmative Defenses by Plaintiff Key Outdoor Inc. (Leslie, William) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 2/12/19. On December 12, 2018, Defendants filed a Motion to Transfer Venue #13 asking the Court to transfer this case to the Southern District of Iowa. Plaintiff's Response #19 indicated that Plaintiff's preferred venue was the Central District of Illinois. On February 6, 2019, Judge Chang entered an Order #23 noting that neither party asked that the case remain in the Northern District of Illinois and stated that rather than definitively decide the transfer motion between the Central District of Illinois and the Southern District of Iowa, the Court would transfer the case to the Central District of Illinois, which is more familiar with its own judicial resources. Judge Chang gave Defendants leave to review their transfer motion in this Court. Accordingly, Defendants are given until the close of business on February 28, 2019, to renew their Motion to Transfer Venue, if they wish to do so. (Miscellaneous Deadline set for 2/28/19.) (TC, ilcd)
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Filing 26
ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 2/8/2019. Rule 16 Scheduling Conference set for 3/26/2019 at 11:15 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written order.(KE, ilcd)
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| Filing 25 Case transferred in from District of Illinois Northern; Case Number 1:18-cv-07206. |
| Filing 24 TRANSFERRED to the USDC Central District of Illinois, Urbana Division the electronic record. (sxb, ) |
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Filing 23
ORDER: As the Court explained and predicted at the status hearing, R. 18, in the parties' dueling transfer requests, R. 13, R. 19, neither side actually asks for the case to remain in the Northern District of Illinois. Plaintiff is a Kankakee corporation that, for some reason, filed the state lawsuit in Cook County. Rather than definitively decide the transfer motion as between the Southern District of Iowa and the Central District of Illinois, it is appropriate to transfer the case to the Central District of Illinois, which is more familiar with its judicial resources (one of the Section 1404 factors) than this Court. It would be odd if this Court could bind the Central District of Illinois. Defendants may renew their transfer motion in the Central District of Illinois. The Clerk of the Court shall transfer the case forthwith to the Central District of Illinois, Urbana Division. The status hearing of 02/07/2019 is vacated. Signed by the Honorable Edmond E. Chang on 2/6/2019. Mailed notice. (sxb, )
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| Filing 22 REPLY by Defendants Wayne Briggs, Motion Media, Inc. to memorandum in support of motion #13 to Transfer Venue (Bellas, George) |
| Filing 21 ANSWER to Complaint by Wayne Briggs, Motion Media, Inc. (Attachments: #1 Exhibit Exhibit A)(Bellas, George) |
| Filing 20 NOTICE by All Plaintiffs re Response #19 (Scannell, Thomas) |
| Filing 19 RESPONSE by Plaintiff Key Outdoor Inc. to memorandum in support of motion #13 (Attachments: #1 Exhibit)(Scannell, Thomas) |
| Filing 18 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Defendants' motion to transfer venue #13 . The Court explained that, if there is no viable federal venue in NDIL, then it would make sense for CDIL (Plaintiff's business is located in Kankakee County) to decide the transfer motion for itself. Plaintiff's response to the motion to transfer #13 due 01/09/2019, including whether there is venue in NDIL. Defendants' reply due 01/23/2019, and must also address whether there is venue in NDIL. But if truly there is no viable basis for venue here, then Defendants should report that conclusion as quickly as possible so that the case can be transferred to CDIL for decision on S.D. Iowa versus CDIL. Defendants' answer to the complaint due 01/23/2019. Status hearing set for 02/07/2019 at 8:30 a.m.Emailed notice (slb, ) |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang:On the Court's own initiative, the status and motion hearing of 8:30 a.m. on 12/12/2018 is reset to 8:45 a.m. on the same date. Emailed notice (slb, ) |
| Filing 16 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) Joint Initial Status Report, filed by Plaintiff Key Outdoor Inc.. (Kelly, Timothy) |
| Filing 15 NOTICE of Motion by George S. Bellas for presentment of before Honorable Edmond E. Chang on 12/12/2018 at 08:30 AM. (Bellas, George) |
| Filing 14 EXHIBIT by Defendants Wayne Briggs, Motion Media, Inc. regarding memorandum in support of motion #13 (Bellas, George) |
| Filing 13 MEMORANDUM and Motion in Support of Defendants' Motion to Transfer Venue (Bellas, George) |
| Filing 12 AMENDED complaint, #1 Amended Notice of Removal (Bellas, George) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang:The Court has reviewed the notice of removal, R. 1, and issues the following jurisdictional inquiry. Defendants have removed this case from the Circuit Court of Cook County, relying on diversity jurisdiction, 28 U.S.C. 1332, for subject matter jurisdiction. R. 1 para. 2. The removing party has the burden of establishing jurisdiction. Carroll v. Stryker Corp., 658 F.3d 675, 680 (7th Cir. 2011). Defendants allege that plaintiff is an Illinois corporation with its principal place of business in Illinois. Id. para. 5 (citing Exh. B, State Court Compl. para. 1). Defendants then note that the complaint allegest that Defendant Wayne Briggs, Jr. "is a natural person residing in Iowa." Id. para. 6 (citing State Court Compl. para. 2). But the *citizenship* of the partiesas distinct from residencyis what matters. Hunter v. Amin, 583 F.3d 486, 491 (7th Cir. 2009). Defendants shall either amend the notice of removal by 11/16/2018 with the necessary allegation (if it can do so in good faith), or file a memorandum by that date explaining why this case should not be remanded to the Circuit Court of Cook County for lack of subject matter jurisdiction. Emailed notice (slb, ) |
| Filing 10 ATTORNEY Appearance for Plaintiff Key Outdoor Inc. by Thomas Joseph Scannell (Scannell, Thomas) |
| Filing 9 ATTORNEY Appearance for Plaintiff Key Outdoor Inc. by William D. Leslie (Leslie, William) |
| Filing 8 ATTORNEY Appearance for Plaintiff Key Outdoor Inc. by Timothy Michael Kelly (Kelly, Timothy) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang:Initial status hearing set for 12/12/2018 at 8:30 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (slb, ) |
| Filing 6 ATTORNEY Appearance for Defendants Wayne Briggs, Motion Media, Inc. by Misty J. Cygan (Cygan, Misty) |
| Filing 5 ATTORNEY Appearance for Defendants Wayne Briggs, Motion Media, Inc. by George S. Bellas (Bellas, George) |
| Filing 4 CIVIL Cover Sheet (Bellas, George) |
| Filing 3 MAILED Notice of Removal letter to counsel of record (sxb, ) |
| Filing 2 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (sxb, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (rc, ) |
| Filing 1 NOTICE of Removal filed by Motion Media, Inc. and Wayne Briggs; Filing fee $400, receipt number 0752-15115147. (Attachments: #1 Exhibit Cook County Circuit Court Summons, #2 Exhibit Cook County Circuit Court Complaint #3 Exhibit Cook County Circuit Court Notice of Filing Notice of Removal)(Bellas, George) (Docket text modified by Clerks' Office) (sxb, ). Modified on 2/6/19 to identify Exhibits (TC, ilcd). |
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