Fidlar Acquisition Co. v. First American Data Tree LLC
| Fidlar Acquisition Co. d/b/a Fidlar Technologies |
| Illinois Press Association |
| Michael Costello |
| First American Data Tree LLC |
| 4:2012cv04099 |
| October 17, 2012 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| Rock Island |
| Sara Darrow |
| Jonathan E Hawley |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1446 Breach of Contract- Insurance |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 13, 2016. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 188 SATISFACTION OF JUDGMENT by Fidlar Acquisition Co.. (Tomlinson, Richard) |
| Filing 187 SATISFACTION OF JUDGMENT by Michael Costello. (Gehrs, James) |
| Filing 186 SECOND AMENDED JUDGMENT. (ED, ilcd) |
| Filing 185 AMENDED JUDGMENT entered. (ED, ilcd) |
| Notice regarding #184 Bill of Costs: Costs will be taxed in the amount of $897.35; parties have 14 days to file objections. (ED, ilcd) |
| Set/Reset Deadlines/Hearings: Miscellaneous Deadline 5/13/2016. See 4/29/2016 Notice. (ED, ilcd) |
| Filing 184 BILL OF COSTS submitted on behalf of Michael Costello re #182 Judgment . (Attachments: #1 Exhibit A)(Gehrs, James) |
| Filing 183 BILL OF COSTS submitted on behalf of Fidlar Acquisition Co. re #182 Judgment . (Attachments: #1 Exhibit A)(Tomlinson, Richard) |
| NOTICE regarding #183 Bill of Costs: Costs will betaxed in the amount of $2,107.60; parties have 14 days to file objections. (LN, ilcd) |
| Set/Reset Deadlines/Hearings: Set deadline for objections as to Bill of Costs: Miscellaneous Deadline set for 4/27/2016 for parties to file objections. (LN, ilcd) |
| Filing 182 JUDGMENT entered on 3/30/2016. (LN, ilcd) |
Filing 181
ORDER entered by Judge Sara Darrow on March 29, 2016. Plaintiff Fidlar's #141 Motion for Summary Judgment and Third-Party Defendant Michael Costello's #147 Motion for Summary Judgment are GRANTED, and Defendant Data Tree's #144 , #145 , #146 Motions for Summary Judgment are DENIED. The Illinois Press Association's #140 Motion for Leave to file an amicus brief in support of Data Tree is GRANTED; Data Tree's #113 Motion for Leave to File a Corrected Objection to the Magistrate's March 17, 2015 is MOOT; Data Tree's #131 Motion for Leave to File a Reply Brief in response to Fidlar's response to that motion is MOOT; Data Tree's #125 Motion for Judicial Notice is MOOT; and finally, the separate #143 Data Tree Motion for Judicial Notice is MOOT. Data Tree's counterclaims against Fidlar and its third-party claims against Costello are DISMISSED. No further claims remaining, the Clerk shall enter judgment for Fidlar in the amount of $404,719.50, plus costs and prejudgment interest, and close the case. (SC, ilcd)
|
| Filing 180 NOTICE of Change of Address by David L Marburger (Marburger, David) |
|
TEXT ORDER granting #179 Plaintiff Fidlar's Motion to Withdraw. Attorney Jason R. Williams is now terminated. Entered by Magistrate Judge Jonathan E. Hawley on 3/10/2016. (KZ, ilcd)
|
| Filing 179 MOTION to Withdraw by Plaintiff Fidlar Acquisition Co.. Responses due by 3/28/2016 (Williams, Jason) |
| Filing 178 NOTICE of Appearance of Attorney by Richard Brian Tomlinson on behalf of Fidlar Acquisition Co. (Tomlinson, Richard) |
| Filing 177 NOTICE of Change of Address by Danessa P. Watkins (Watkins, Danessa) |
| Minute Entry for proceedings held before Judge Sara Darrow on Wednesday September 30, 2015. Parties present in open court are Attorneys Williams and Watkins for the Plaintiff, Attorneys Marburger and Park for Defendant First American Data Tree, and Attorney Gehrs for Defendant Costello. The parties provide oral argument on the pending motions for Summary Judgment. The Court takes the matter under advisement. (Court Reporter JJ) (ED, ilcd) |
|
TEXT ORDER entered by Judge Sara Darrow on September 23, 2015. Defendant #115 offered, and Plaintiff accepted, that partial judgment be entered against it as to Counts III and IV of Plaintiff's #18 Amended Complaint. Accordingly, Defendant's #93 Motion requesting the same outcome is MOOT. (SC, ilcd)
|
|
TEXT ORDER entered by Judge Sara Darrow on August 23, 2015. The Court sets the pending #141 , #145 , #146 , #147 Motions for Summary Judgment for oral argument at 10:00 a.m. on September 30, 2015, in Rock Island. (HR, ilcd)
|
|
TEXT ORDER entered by Judge Sara Darrow on August 19, 2015. The Final Pretrial Conference, currently set for September 15, 2015 at 10:00 a.m., and the Trial, currently set for October 19, 2015 at 9:00 a.m., are VACATED, to be reset as necessary pending the resolution of the outstanding Motions for Summary Judgment. (HR, ilcd)
|
| Filing 176 REPLY to Response to Motion re #146 MOTION for Summary Judgment against Fidlar Technologies filed by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. (Marburger, David) |
| Filing 175 REPLY to Response to Motion re #145 MOTION for Summary Judgment against St. Clair County Recorder filed by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. (Attachments: #1 Exhibit Exhibit YYY - State Maps)(Marburger, David) |
| Filing 174 REPLY to Response to Motion re #141 MOTION for Summary Judgment on Counts III and IV of Plaintiff's Amended Complaint and on Defendant's Counterclaims Reply to Data Tree's Response at ECF 170 filed by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Williams, Jason) |
| Filing 173 REPLY to Response to Motion re #147 MOTION for Summary Judgment filed by ThirdParty Defendant Michael Costello. (Gehrs, James) |
| Filing 172 Response by Fidlar Acquisition Co. re #171 Notice (Other) by Data Tree, Questioning the Constitutionality of Illinois Statute. (Williams, Jason) |
| Filing 171 NOTICE of questioning state statute's constitutionality under Fed.Civ.P. Rule 5.1 re #170 Memorandum in Opposition to Motion/Petition, (Marburger, David) |
| Filing 170 MEMORANDUM in Opposition re #141 MOTION for Summary Judgment on Counts III and IV of Plaintiff's Amended Complaint and on Defendant's Counterclaims filed by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. (Marburger, David) |
| Filing 169 MEMORANDUM in Opposition re #147 MOTION for Summary Judgment of St. Clair County Recorder filed by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. (Marburger, David) |
| Filing 168 NOTICE of Additional Exhibits in Support of Data Tree's memoranda in opposition to Fidlar and St. Clair's motions for summary judgment (Attachments: #1 Exhibit Exhibit WWW - Tables Summarizing Bulk Exhibit, #2 Exhibit Exhibit XXX - Hand Numbered Recorder Statement of Facts)(Marburger, David) |
| Filing 167 RESPONSE to Motion re #149 MOTION to Amend/Correct memorandum supporting summary judgment on its 3d amended counterclaim against Fidlar (#110) and Fidlar's 3d and 4th claims in its 1st amended complaint (#18) Response to ECF 149-1, Data Tree's Amended Memorandum in Support of Summary Judgment filed by Counter Defendant Fidlar Acquisition Co.. (Attachments: #1 Table of Contents, #2 Appendix to Exhibits, #3 Exhibit 64, #4 Exhibit 65, #5 Exhibit 66, #6 Exhibit 67, #7 Exhibit 68, #8 Exhibit 69, #9 Exhibit 70, #10 Exhibit 71, #11 Exhibit 72, #12 Exhibit 73, #13 Exhibit 74)(Williams, Jason) |
| Filing 166 RESPONSE to Motion re #145 MOTION for Summary Judgment against St. Clair County Recorder filed by ThirdParty Defendant Michael Costello. (Attachments: #1 Exhibit Exhibit 1 Johnosn Dep, #2 Exhibit Exhibit 2 Johnson Dep Pt. 2, #3 Exhibit Exhibit 3 Bates Dep., #4 Affidavit Exhibit 4 Cowans aff., #5 Exhibit Exhibit A, #6 Exhibit Exhibit 8 Joint stips, #7 Exhibit Exhibit 9, #8 Exhibit Exhibit B)(Gehrs, James) |
| Filing 165 RESPONSE to Motion re #140 MOTION for Leave to File Amicus Curiae in Support of Defendant-Third Party Plaintiff's Motion for Summary Judgment Brief of Amicus Curiae (ECF No. 140-2) filed by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Williams, Jason) |
| Filing 164 MOTION for Extension of Time to File Response/Reply for all parties to respond to either other's motions for summary judgment, by 8 days, to July 14, 2015 by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 7/23/2015 (Marburger, David) |
|
TEXT ORDER entered by Judge Sara Darrow on July 6, 2015. Defendant Data Tree #164 moves for an extension of the deadline for responses to motions for summary judgment from today, July 6, to July 14, 2015. However, the Court has already extended the response deadlines for all parties by a week. See #163 Jun. 26, 2015 Order. Nothing in Data Tree's #164 Motion for Extension of Time suggests to the Court that the deadline should be further extended, including counsel's obligations in unrelated legal matters. The #164 Motion is DENIED; all summary judgment response deadlines remain set for today. (SC, ilcd)
|
|
Filing 163
ORDER entered by Judge Sara Darrow on June 26, 2015. Defendant Data Tree's #149 Motion for Leave to File a Corrected Memorandum as to Fidlar is GRANTED. Its first #148 Motion for Leave to File a Corrected Memorandum as to Costello is MOOT, because its second, #157 Amended Motion for Leave to File a Corrected Memorandum as to Costello is GRANTED. All the parties' Motions to Strike #152 , #153 , #158 are DENIED. Plaintiff Fidlar and Third-Party Defendant Costello may file motions in response to Defendant Data Tree's Motions for Summary Judgment that exceed the type volume limitations for such motions under the Local Rule by 216 words. (SC, ilcd)
|
|
TEXT ORDER entered by Judge Sara Darrow on June 25, 2015. The previously-entered Text Order erroneously listed the reset deadline for summary judgment responses as June 6, 2015. The reset deadline is July 6, 2015. (SC, ilcd)
|
|
TEXT ORDER entered by Judge Sara Darrow on June 25, 2015. Pending a forthcoming Order resolving the parties' disputes about the word counts of Data Tree's #145 Motion for Summary Judgment Against St. Clair County Recorder and Data Tree's #146 Motion for Summary Judgment against Fidlar Technologies, the reply deadlines for those motions, as well as the reply deadlines for Fidlar's #141 Motion for Summary Judgment and Costello's #147 Motion for Summary Judgment, are extended to June 6, 2015. Accordingly, Data Tree's #159 Motion for Extension of Time to File Responses is MOOT. (SC, ilcd)
|
| Filing 162 RESPONSE to Motion re #140 MOTION for Leave to File Amicus Curiae in Support of Defendant-Third Party Plaintiff's Motion for Summary Judgment filed by ThirdParty Defendant Michael Costello. (Gehrs, James) |
| Filing 161 RESPONSE to Motion re #143 MOTION for Order Request for Judicial Notice filed by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Williams, Jason) |
| Filing 160 RESPONSE to Motion re #140 MOTION for Leave to File Amicus Curiae in Support of Defendant-Third Party Plaintiff's Motion for Summary Judgment filed by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Williams, Jason) |
| Filing 159 MOTION for Extension of Time to File responses by all parties to pending summary judgment motions by Defendant First American Data Tree LLC. Responses due by 7/9/2015 (Attachments: #1 Memor. in support)(Marburger, David) |
| Filing 158 MOTION to Strike #145 MOTION for Summary Judgment against St. Clair County Recorder by ThirdParty Defendant Michael Costello. Responses due by 7/9/2015 (Gehrs, James) |
| Filing 157 Amended MOTION for Leave to File corrected memorandum supporting motion for summary judgment against St. Clair County Recorder by ThirdParty Plaintiff First American Data Tree LLC. Responses due by 7/9/2015 (Attachments: #1 supporting memorandum, #2 Exhibit proposed corrected memorandum supporting Data Tree motion for summary judgment against St. Clair County Recorder)(Marburger, David) |
| Filing 156 MEMORANDUM in Opposition re #153 MOTION to Strike #149 MOTION to Amend/Correct memorandum supporting summary judgment on its 3d amended counterclaim against Fidlar (#110) and Fidlar's 3d and 4th claims in its 1st amended complaint (#18) filed by Defendant First American Data Tree LLC. (Attachments: #1 Exhibit Argument that substitutes entire arguments for incorporation by reference)(Marburger, David) |
| Filing 155 RESPONSE to Motion re #131 MOTION for Leave to File reply brief in appeal of magistrate judge's March 17, 2015, decision filed by ThirdParty Defendant Michael Costello. (Gehrs, James) |
| Filing 154 RESPONSE to Motion re #131 MOTION for Leave to File reply brief in appeal of magistrate judge's March 17, 2015, decision filed by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Williams, Jason) |
| Filing 153 MOTION to Strike #149 MOTION to Amend/Correct memorandum supporting summary judgment on its 3d amended counterclaim against Fidlar (#110) and Fidlar's 3d and 4th claims in its 1st amended complaint (#18) by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. Responses due by 6/29/2015 (Williams, Jason) |
| Filing 152 MOTION to Strike #151 Response to Motion, that objects to proposed corrected memorandum supporting summary judgment by Defendant First American Data Tree LLC. Responses due by 6/25/2015 (Marburger, David) |
| Filing 151 RESPONSE to Motion re #149 MOTION to Amend/Correct memorandum supporting summary judgment on its 3d amended counterclaim against Fidlar (#110) and Fidlar's 3d and 4th claims in its 1st amended complaint (#18) filed by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Attachments: #1 Exhibit A)(Williams, Jason) |
| Filing 150 NOTICE to the Court re #147 MOTION for Summary Judgment (Gehrs, James) |
| Filing 149 MOTION to Amend/Correct memorandum supporting summary judgment on its 3d amended counterclaim against Fidlar (#110) and Fidlar's 3d and 4th claims in its 1st amended complaint (#18) by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 6/25/2015 (Attachments: #1 Exhibit Corrected Memorandum in Support)(Marburger, David) |
| Filing 148 MOTION to Amend/Correct memorandum supporting summary judgment on its 2d amended third-party complaint against the Recorder of Deeds of St. Clair County (#109) by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 6/25/2015 (Attachments: #1 Exhibit Corrected Memorandum in Support)(Marburger, David) |
| Filing 147 MOTION for Summary Judgment by ThirdParty Defendant Michael Costello. (Attachments: #1 Supplement memo in support of motion for summary judgment, #2 Exhibit Exhibit 1 johnson aff. 9/11/2014, #3 Exhibit Exhibit 2 Johnson aff. 10/2/14, #4 Exhibit Exhibit 3 Bates aff., #5 Affidavit Exhibit 4 Cowans aff., #6 Affidavit Exhibit 5 Sprague aff., #7 Affidavit Exhibit 6 Costello aff., #8 Affidavit Exhibit 7 Suarez aff., #9 Exhibit Exhibit 8 joint stips., #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10 foia website, #12 Exhibit Exhibit 11 recorder foia posting)(Gehrs, James) |
| Filing 146 MOTION for Summary Judgment against Fidlar Technologies by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 6/29/2015 (Attachments: #1 Memorandum in Support of Motion for Summary Judgment against Fidlar)(Marburger, David) |
| Filing 145 MOTION for Summary Judgment against St. Clair County Recorder by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 6/29/2015 (Attachments: #1 Memorandum in Support of Motion for Summary Judgment against the St. Clair County Recorder)(Marburger, David) |
| Filing 144 MOTION for Summary Judgment EXHIBITS and INDEX (only ) supporting motions for summary judgment on 2d amended third-party complaint against the Recorder of Deeds of St. Clair County (#109), on 3d amended counterclaims against plaintiff Fidlar (#110), and on counts 3 & 4of Fidlar's 1st amended complaint (#18) by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 6/29/2015 (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 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit U-1, #23 Exhibit U-2, #24 Exhibit U-3, #25 Exhibit U-4, #26 Exhibit U-5, #27 Exhibit U-6, #28 Exhibit U-7, #29 Exhibit U-8, #30 Exhibit U-9, #31 Exhibit U-10, #32 Exhibit U-11, #33 Exhibit U-12, #34 Exhibit U-13, #35 Exhibit U-14, #36 Exhibit U-15, #37 Exhibit U-16, #38 Exhibit U-17, #39 Exhibit U-18, #40 Exhibit U-19, #41 Exhibit U-20, #42 Exhibit U-21, #43 Exhibit U-22, #44 Exhibit U-23, #45 Exhibit U-24, #46 Exhibit V, #47 Exhibit W, #48 Exhibit X, #49 Exhibit X-1, #50 Exhibit Y, #51 Exhibit Z, #52 Exhibit Z-1, #53 Exhibit Z-2, #54 Exhibit Z-3, #55 Exhibit Z-4, #56 Exhibit Z-5, #57 Exhibit AA, #58 Exhibit BB, #59 Exhibit CC, #60 Exhibit DD, #61 Exhibit DD-1, #62 Exhibit EE, #63 Exhibit FF, #64 Exhibit FF-1, #65 Exhibit FF-2, #66 Exhibit FF-3, #67 Exhibit GG, #68 Exhibit HH, #69 Exhibit II, #70 Exhibit JJ, #71 Exhibit KK, #72 Exhibit LL, #73 Exhibit MM, #74 Exhibit NN, #75 Exhibit PP, #76 Exhibit QQ, #77 Exhibit RR, #78 Exhibit SS, #79 Exhibit TT, #80 Exhibit UU, #81 Exhibit VV, #82 Exhibit WW, #83 Exhibit XX, #84 Exhibit YY, #85 Exhibit ZZ, #86 Exhibit AAA, #87 Exhibit BBB, #88 Exhibit CCC, #89 Exhibit DDD, #90 Exhibit EEE, #91 Exhibit FFF, #92 Exhibit GGG, #93 Exhibit HHH, #94 Exhibit JJJ, #95 Exhibit KKK, #96 Exhibit LLL, #97 Exhibit MMM, #98 Exhibit NNN, #99 Exhibit PPP, #100 Exhibit QQQ, #101 Exhibit RRR, #102 Exhibit SSS, #103 Exhibit TTT)(Marburger, David) |
| Filing 143 MOTION for Order Request for Judicial Notice by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 6/22/2015 (Attachments: #1 Exhibit Exhibit A - Docket, #2 Exhibit Exhibit B - Grigsby Declaration, #3 Exhibit Exhibit C - Svc Letter, #4 Exhibit Exhibit D - Complaint, #5 Exhibit Exhibit E - Biddinger, #6 Exhibit Exhibit F - Arant, #7 Exhibit Exhibit G - Livers)(Marburger, David) |
| Filing 142 MEMORANDUM in Support of Plaintiff's re #141 MOTION for Summary Judgment on Counts III and IV of Plaintiff's Amended Complaint and on Defendant's Counterclaims by Fidlar Acquisition Co.. (Attachments: #1 Appendix to Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3 - Part 1, #5 Exhibit 3 - Part 2, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7 - Email, #10 Exhibit 7 - Email Attachment, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24, #28 Exhibit 25, #29 Exhibit 26, #30 Exhibit 27, #31 Exhibit 28 - Costello Aff., #32 Exhibit 28 - Ex A Part 1, #33 Exhibit 28 - Ex A Part 2, #34 Exhibit 28 - Ex B, #35 Exhibit 28 - Ex C, #36 Exhibit 28 - Ex D, #37 Exhibit 29 - Cowens Aff., #38 Exhibit 29 - Ex. 1, #39 Exhibit 29 - Ex. 2, #40 Exhibit 30, #41 Exhibit 31, #42 Exhibit 32, #43 Exhibit 33, #44 Exhibit 34, #45 Exhibit 35, #46 Exhibit 36, #47 Exhibit 37, #48 Exhibit 38, #49 Exhibit 39, #50 Exhibit 40, #51 Exhibit 41, #52 Exhibit 42, #53 Exhibit 43, #54 Exhibit 44, #55 Exhibit 45, #56 Exhibit 46, #57 Exhibit 47, #58 Exhibit 48, #59 Exhibit 49, #60 Exhibit 50, #61 Exhibit 51, #62 Exhibit 52 - Email, #63 Exhibit 52 - Email Attachments, #64 Exhibit 53, #65 Exhibit 54, #66 Exhibit 55, #67 Exhibit 56, #68 Exhibit 57, #69 Exhibit 58, #70 Exhibit 59, #71 Exhibit 60, #72 Exhibit 61, #73 Exhibit 62, #74 Exhibit 63 - Decl. Watkins, #75 Exhibit 63 - Screenshot 1, #76 Exhibit 63 - Screenshot 2, #77 Exhibit 63 - Screenshot 3, #78 Exhibit 63 - Screenshot 4, #79 Exhibit 63 - Screenshot 5, #80 Exhibit 63 - Screenshot 6, #81 Exhibit 63 - Screenshot 7, #82 Exhibit 63 - Screenshot 8, #83 Exhibit 63 - Screenshot 9, #84 Exhibit 63 - Screenshot 10, #85 Exhibit 63 - Screenshot 11, #86 Exhibit 63 - Screenshot 12, #87 Exhibit 63 - Screenshot 13, #88 Exhibit 63 - Screenshot 14, #89 Exhibit 63 - Screenshot 15, #90 Exhibit 63 - Screenshot 16)(Williams, Jason) |
| Filing 141 MOTION for Summary Judgment on Counts III and IV of Plaintiff's Amended Complaint and on Defendant's Counterclaims by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. Responses due by 6/29/2015 (Attachments: #1 Declaration of Danessa P. Watkins)(Williams, Jason) |
| Filing 140 MOTION for Leave to File Amicus Curiae in Support of Defendant-Third Party Plaintiff's Motion for Summary Judgment by Defendant Illinois Press Association. Responses due by 6/22/2015 (Attachments: #1 Exhibit Certificate of Interest, #2 Exhibit Brief Of Amicus Curiae by IPA in Support of the Defendant-Third Party Plaintiff's Motion for Summary Judgment, #3 Exhibit Exhibit A)(Craven, Donald) |
| Filing 139 NOTICE of Filing Deposition of Angela Bates (Attachments: #1 Exhibit Transcript of Deposition of Angela Bates, #2 Exhibit Exhibits 1-13 to Deposition of Angela Bates, #3 Exhibit Bulk Email Exhibit to Deposition of Angela Bates - Part 1, #4 Exhibit Bulk Email Exhibit to Deposition of Angela Bates - Part 2)(Marburger, David) |
| Filing 138 NOTICE of Filing Deposition Transcript of David Lang (Attachments: #1 Exhibit Transcript of Deposition of David Lang)(Marburger, David) |
| Filing 137 NOTICE of Filing Deposition of Glenda Johnson (10/2/2014) (Attachments: #1 Exhibit Transcript of Deposition of Glenda Johnson (10/2/2014), #2 Exhibit Exhibits D-E to Deposition of Glenda Johnson (10/2/2014), #3 Exhibit Exhibits F-I to Deposition of Glenda Johnson (10/2/2014))(Marburger, David) |
| Filing 136 NOTICE of Filing Deposition of Glenda Johnson (9/11/2014) (Attachments: #1 Exhibit Deposition Transcript of Glenda Johnson (9/11/2014), #2 Exhibit Exhibits to Deposition of Glenda Johnson (9/11/2014))(Marburger, David) |
| Filing 135 JUDGMENT pursuant to Rule 68 of Federal Rules of Civil Procedure, judgment is entered on Counts I and II of Fidlar Acquisition Co.s Amended Complaint. Additionally, partial judgment is entered on Counts III and IV of Fidlar Acquisition Co.s Amended Complaint for $13,222.75 plus specific costs. (LN, ilcd) |
| Filing 134 RESPONSE to Motion re #133 MOTION for Extension of Time to File Dispositive Motions by One Day - Friday, June 5, 2015 filed by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Attachments: #1 Exhibit A-C)(Williams, Jason) |
| Filing 133 MOTION for Extension of Time to File Dispositive Motions by One Day - Friday, June 5, 2015 by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 6/22/2015 (Marburger, David) |
|
TEXT ORDER entered by Judge Sara Darrow on June 4, 2015. The dispositive motion deadline was set for June 1, 2015. On the deadline, counsel for Data Tree #132 moved to extend the deadline to June 4, 2015, stating that he had injured his hand while bicycling the previous weekend. He now #133 seeks another extension of time to submit dispositive motions, until tomorrow, June 5, 2015. The Court reluctantly GRANTS this motion. No further extensions will be granted. (SC, ilcd)
|
| Filing 132 Consent MOTION for Extension of Time to File all parties' dispositive motions by Defendant First American Data Tree LLC. Responses due by 6/18/2015 (Marburger, David) |
|
TEXT ORDER entered by Judge Sara Darrow on June 1, 2015. Defendant's #132 Unopposed Motion to Extend Dispositive Motions Deadline is GRANTED. Dispositive motions are now due on or before June 4, 2015. (SC, ilcd)
|
| Filing 131 MOTION for Leave to File reply brief in appeal of magistrate judge's March 17, 2015, decision by Defendant First American Data Tree LLC. Responses due by 6/15/2015 (Attachments: #1 Exhibit Proposed Reply brief)(Marburger, David) |
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Parties having reported to the Court that they have resolved their discovery dispute, the Status conference set for 5/27/15 at 1:30 PM is CANCELLED. Entered on 5/27/15. (WG, ilcd)
|
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Pursuant to the parties requesting a conference due to a discovery dispute, a Status Conference is set for 5/27/2015 at 1:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered on 5/27/15. (WG, ilcd)
|
| Filing 130 STIPULATION of Facts (Jointly Filed) by Michael Costello, Fidlar Acquisition Co., First American Data Tree LLC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Williams, Jason) |
| Filing 129 STIPULATION Regarding Spreadsheet Contained on CD Labeled "Master Search Log Protected Exhibit 1-A" by Fidlar Acquisition Co., First American Data Tree LLC.. (Williams, Jason) |
| Filing 128 RESPONSE to Motion re #125 MOTION Request for Judicial Notice (Joint Response) filed by ThirdParty Defendant Michael Costello, Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Williams, Jason) |
| Filing 127 RESPONSE to Motion re #113 MOTION for Leave to File Corrected Objection to Magistrate's March 17, 2015 Ruling filed by Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Williams, Jason) |
| Filing 126 RESPONSE to Motion re #113 MOTION for Leave to File Corrected Objection to Magistrate's March 17, 2015 Ruling filed by ThirdParty Defendant Michael Costello. (Attachments: #1 Exhibit, #2 Exhibit)(Gehrs, James) |
|
TEXT ORDER entered by Judge Sara Darrow on May 18, 2015. Because the dispositive motion deadline in this case remains set for June 1, 2015, if Plaintiffs intend to respond to the #125 Request for Judicial Notice they must do so by by May 22, 2015. Additionally, Plaintiffs' #121 Response to Data Tree's #113 Motion for Leave to File Corrected Objection to Magistrate's March 17, 2015 Ruling indicated uncertainty as to whether it was procedurally proper to respond to the Motion for Leave. As stated in the Advisory Committee Notes for the 1983 addition to Rule 72(a), "[i]t... is contemplated that a party who is successful before the magistrate will be afforded an opportunity to respond to objections raised to the magistrate's ruling." Plaintiffs may respond to the #113 Motion by May 22, 2015. (SC, ilcd)
|
| Filing 125 MOTION Request for Judicial Notice by Defendant First American Data Tree LLC. Responses due by 6/1/2015 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit AA, #7 Exhibit BB, #8 Exhibit CC, #9 Exhibit LL, #10 Exhibit WP-1 (web pages), #11 Exhibit WP-2 (web pages), #12 Exhibit WP-3 (web pages), #13 Exhibit WP-4 (web pages), #14 Exhibit WP-5 (web pages), #15 Exhibit WP-6 (web pages), #16 Exhibit WP-7 (web pages), #17 Exhibit WP-8 (web pages), #18 Exhibit WP-9 (web pages), #19 Exhibit WP-10 (web pages), #20 Exhibit WP-11 (web pages), #21 Exhibit WP-12 (web pages), #22 Exhibit WP-13 (web pages), #23 Exhibit WP-14 (web pages), #24 Exhibit WP-15 (web pages), #25 Exhibit WP-16 (web pages), #26 Exhibit WP-17 (web pages), #27 Exhibit WP-18 (web pages))(Marburger, David) |
|
TEXT ORDER entered by Judge Sara Darrow on May 7, 2015. The parties' #123 Joint Motion for Extension of Time to File Dispositive Motions is GRANTED, as is Third Party Defendant Michael Costello's #124 Motion to Supplement the Joint Motion. Dispositive motions are now due on or before June 1, 2015. (SC, ilcd)
|
| Filing 124 MOTION to Supplement #123 Joint MOTION for Extension of Time to File dispositive motion by ThirdParty Defendant Michael Costello. Responses due by 5/26/2015 (Gehrs, James) |
| Filing 123 Joint MOTION for Extension of Time to File dispositive motion by Defendant First American Data Tree LLC. Responses due by 5/22/2015 (Marburger, David) |
|
TEXT ORDER entered by Judge Sara Darrow on April 29, 2015. The parties' joint #122 Motion for Extension of Dispositive Motions Deadline is GRANTED. The new dispositive motions deadline is May 7, 2015. (HR, ilcd)
|
| Filing 122 Joint MOTION for Extension of Time to File dispositive motions (all parties) by Defendant First American Data Tree LLC. Responses due by 5/14/2015 (Marburger, David) |
| Filing 121 RESPONSE to Motion re #113 MOTION for Leave to File Corrected Objection to Magistrate's March 17, 2015 Ruling Jointly filed by ThirdParty Defendant Michael Costello, Counter Defendant Fidlar Acquisition Co., Plaintiff Fidlar Acquisition Co.. (Williams, Jason) |
| Filing 120 MEMORANDUM Supplemental memorandum in support of Data Tree's objection to March 17, 2015 magistrate order re #113 MOTION for Leave to File Corrected Objection to Magistrate's March 17, 2015 Ruling by First American Data Tree LLC. (Marburger, David) |
| Filing 119 Response by Michael Costello re #109 Amended Document, Answer and Affirmative Defenses. (Gehrs, James) |
| Filing 118 Response by Fidlar Acquisition Co. re #110 Amended Document Answer to Data Tree's 3d Amended Counterclaims. (Williams, Jason) |
| Filing 117 RESPONSE to Motion re #116 Joint MOTION for Extension of Time to File dispositve motion papers filed by ThirdParty Defendant Michael Costello. (Gehrs, James) |
|
TEXT ORDER granting #116 Motion for Extension of Time to File. Dispositive Motion ddl is extended from 4/22/15 to 5/4/2015. Entered by Magistrate Judge Jonathan E. Hawley on 4/13/15. (WG, ilcd)
|
| Filing 116 Joint MOTION for Extension of Time to File dispositve motion papers by Defendant First American Data Tree LLC. Responses due by 4/27/2015 (Marburger, David) |
| Filing 115 NOTICE of Acceptance with Offer of Judgment by First American Data Tree LLC (Attachments: #1 Exhibit Exhibit 1 - Signed and accepted Rule 68 offer of partial judgment on counts III and IV of Fidlar's amended complaint)(Marburger, David) |
| Filing 114 NOTICE of Acceptance with Offer of Judgment by First American Data Tree LLC (Attachments: #1 Exhibit Exhibit 1 - Signed and accepted Rule 68 offer of judgment on counts I and II of Fidlar's amended complaint)(Marburger, David) |
| Filing 113 MOTION for Leave to File Corrected Objection to Magistrate's March 17, 2015 Ruling by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 4/20/2015 (Attachments: #1 Supplement Objection to Magistrate's March 17 Ruling, #2 Supplement Memorandum in Support of Objection to Magistrate's March 17 Ruling, #3 Exhibit Exhibits 1-8 to Objection)(Marburger, David) |
| Filing 112 NOTICE of Withdrawal of Objection to Magistrate Ruling re #111 Objection (Marburger, David) |
| Filing 111 OBJECTION TO MAGISTRATE'S MARCH 17 RULING by First American Data Tree LLC. (Attachments: #1 Supplement Memorandum in Support of Objection, #2 Exhibit Exhibits 1-8)(Marburger, David) |
| Filing 110 AMENDED DOCUMENT by First American Data Tree LLC. 3rd Amended Counterclaim Against Fidlar. (Marburger, David) |
| Filing 109 AMENDED DOCUMENT by First American Data Tree LLC. 2d Amended Third-Party Complaint Against the Recorder of Deeds of St. Clair County. (Attachments: #1 Exhibit 1, #2 Exhibit 1-A, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8)(Marburger, David) |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone Attys Jason Williams, David Marburger, and James Gehrs for a Status Conference on Monday, 3/30/2015. Oral Motion by First American Data Tree LLC to file Amended Pleadings - no objections. SO ORDERED. Amended Pleadings to be filed by 4/1/2015. Answer(s) to be filed by 4/15/2015 (other ddl). Dispositive Motions to be filed on or before 4/22/2015. All other deadlines and hearings to remain in place as scheduled. (JRK, ilcd) |
|
TEXT ORDER entered by Magistrate Judge Jonathan E. Hawley on 3/30/2015: At the request of parties, a telephonic Status Conference is set for Monday, 3/30/2015 at 3:00 PM (court will place call) before Magistrate Judge Jonathan E. Hawley. SO ORDERED.(JRK, ilcd)
|
| Filing 108 NOTICE of January 26, 2015 Correspondence to Judge Hawley (Attachments: #1 Exhibit Exhibit A - January 26, 2015 Correspondence to Judge Hawley)(Marburger, David) |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone Attys Jason Williams, David Marburger, Robert Park, and James Gehrs for a Motion Hearing on Tuesday, 3/17/2015. Discussion held re #106 MOTION to resolve objections of Fidlar and St. Clair to introducing testimony and evidence of Karl Idsvoog and Sarah Sexton filed by First American Data Tree LLC. For the reasons stated on the record, Court DENIES Motion #106 . First American Data Tree is not able to present Karl Idsvoog and Sarah Sexton as witnesses and anything produced, as it relates to these two individuals, is barred as well. SO ORDERED. (Tape #PR-C 2:59PM) (JRK, ilcd) |
| Filing 107 RESPONSE to Motion re #106 MOTION to resolve objections of Fidlar and St. Clair to introducing testimony and evidence of Karl Idsvoog and Sarah Sexton filed by ThirdParty Defendant Michael Costello. (Gehrs, James) |
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley setting Motion Hearing as to #106 MOTION to resolve objections of Fidlar and St. Clair to introducing testimony and evidence of Karl Idsvoog and Sarah Sexton for 3/17/2015 at 3:00 PM (central time) by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Plaintiff to file a Responses by 5pm on 3/13/2015. Entered on 3/12/15. (WG, ilcd)
|
|
TEXT ORDER entered by Judge Sara Darrow on March 12, 2015. Data Tree's #69 Motion for Order Entering Judgment for Fidlar on Count II is DENIED WITHOUT PREJUDICE. If Data Tree wishes to settle Count II of Fidlar's #18 First Amended Complaint, Data Tree is encouraged to use the procedures outlined in Federal Rule of Civil Procedure 68. If Data Tree does so, the offer, notice of acceptance, and proof of service should be filed with the Clerk no later than April 9, 2015. (SC, ilcd)
|
| Filing 106 MOTION to resolve objections of Fidlar and St. Clair to introducing testimony and evidence of Karl Idsvoog and Sarah Sexton by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 3/27/2015 (Attachments: #1 Supplement Memorandum in Support, #2 Exhibit Exhibits 1-8)(Marburger, David) |
|
TEXT ORDER entered by Judge Sara Darrow on February 20, 2015. Data Tree's unopposed #105 Motion for Extension of Time to File Summary Judgment Motions is GRANTED. Dispositive motions are now due by April 15. Because of this change in schedule, the Final Pretrial Conference is reset to September 15, 2015 at 10:00 a.m., and the jury trial is reset to October 19, 2015 at 9:00 a.m. (SC, ilcd)
|
| Filing 105 MOTION for Extension of Time to File summary judgment motions (all counsel consent) by Defendant First American Data Tree LLC. Responses due by 3/9/2015 (Marburger, David) |
|
TEXT ORDER: Status Conference re discovery dispute is set for 1/26/2015 at 3:00 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered by Magistrate Judge Jonathan E. Hawley on 1/26/15. (WG, ilcd)
|
|
TEXT ORDER: In light of the Court being advised that Atty Marburger is NOT available at 3 pm on on 1/26/15 for the status conference re discovery dispute, the TSC is cancelled. The Court will reset the hearing when the parties have all conferred on the matter and agree they need the court's assistance. The Court is available the morning of 1/27/15 should the parties wish to contact chambers prior to the deposition reportedly set for 12:30 p.m. on 1/27/15. Entered by Magistrate Judge Jonathan E. Hawley on 1/26/15. (WG, ilcd)
|
| Filing 104 NOTICE to Take Deposition of Angela Bates on 1/27/2015 (Marburger, David) |
|
Filing 103
ORDER Entered by Magistrate Judge Jonathan E. Hawley on 1/7/2015. The Court GRANTS Data Tree's motions (D. 96; D. 97), to the extent that: 1) discovery is reopened until February 6, 2015 for the sole purpose of deposing Angela Bates; 2) any discovery completed between September 25, 2014 and the date of this Order is deemed timely conducted; and 3) the dispositive motion deadline is on or before March 6, 2015. In light of the new dispositive motion deadline, the previously set Final Pretrial Conference and Jury Trial dates are VACATED. The Final Pretrial Conference is now SET for June 9, 2015 at 10:00 am, and the Jury Trial is now SET for July 20, 2015 at 9:00 am both hearings in Rock Island before US District Judge Sara Darrow. So Ordered. (KB, ilcd)
|
| Filing 102 RESPONSE to Motion re #97 MOTION for Extension of Time to File summary judgment motions filed by ThirdParty Defendant Michael Costello. (Gehrs, James) |
| Filing 101 RESPONSE to Motion re #97 MOTION for Extension of Time to File summary judgment motions filed by Plaintiff Fidlar Acquisition Co.. (Williams, Jason) |
| Filing 100 RESPONSE to Motion re #96 MOTION to Take Deposition of Angela Bates filed by ThirdParty Defendant Michael Costello. (Gehrs, James) |
| Filing 99 MEMORANDUM in Opposition re #96 MOTION to Take Deposition of Angela Bates filed by Plaintiff Fidlar Acquisition Co.. (Williams, Jason) |
|
TEXT ORDER: The Defendant's counsel has filed Document #98 , Notice by First American Data Tree LLC about passage in Marburger declaration filed on Thursday, December 11, 2014. This is the 6th "Notice" counsel has filed in this case. Neither the Federal Rules of Civil Procedure nor the Local Rules provide for such notices to be filed with the Court in which counsel provides detailed commentary on other filings in the case. Counsel may file a response to a particular filing when a response is permitted under the Rules, or counsel may file a motion requesting leave to file a response. The Clerk is accordingly directed to STRIKE the Notice by First American Data Tree LLC about passage in Marburger declaration filed on Thursday, December 11, 2014 #98 . Entered by Magistrate Judge Jonathan E. Hawley on 12/16/2014. (KZ, ilcd)
|
| Filing 98 STRICKEN pursuant to the 12/16/2014 Text Order. NOTICE to clarify re #96 MOTION to Take Deposition of Angela Bates (Attachments: #1 Exhibit Ex. 1: April, 2014 settlement proposal)(Marburger, David) Modified on 12/18/2014 (LN, ilcd). |
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Response ddl as to #96 MOTION to Take Deposition of Angela Bates is reduced to 7 days, Responses due by 12/22/2014. The Dispositive Motion ddl is STAYED pending disposition of motions #96 and #97 . Entered on 12/12/14. (WG, ilcd)
|
| Filing 97 MOTION for Extension of Time to File summary judgment motions by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 12/29/2014 (Attachments: #1 Memorandum in support)(Marburger, David) |
| Filing 96 MOTION to Take Deposition of Angela Bates by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 12/29/2014 (Attachments: #1 Memorandum in support, #2 Exhibit Exhibit A - Marburger Declaration, #3 Exhibit Exhibit B - Johnson Depo Excerpts, #4 Exhibit Exhibit C - Scheduling Emails, #5 Exhibit Exhibit D - Cancellation Email)(Marburger, David) |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Attorneys Jason R Williams, David Marburger and James Lee Gehrs for Status Conference regarding discovery dispute held on 12/1/2014. Discussion held regarding #94 NOTICE of request for conference to resolve discovery issue. The Court questions the parties as to why a motion for extension of discovery has not been filed as discovery closed on 09/25/2014. From the Court's point of view, discovery is closed. Before the Court will consider any discovery issues the parties are to file a written motion with the Court regarding extension of discovery as well as explaining why it is being filed well past the deadline. If the parties wish to extend the dispositive motion deadline, they are to file a written motion before the deadline expires. The Court admonishes the parties to conduct themselves in a professional manner during the depositions. (JS, ilcd) |
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Status Conference re discovery dispute [#94] set for 12/1/2014 at 2:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered on 12/1/14. (WG, ilcd)
|
| Filing 95 NOTICE of incorrect caption to memorandum in support re #93 MOTION for Order entering judgment for plaintiff for $13,222.75 (Marburger, David) |
| Filing 94 NOTICE of request for conference to resolve discovery issue (Marburger, David) |
| Filing 93 MOTION for Order entering judgment for plaintiff for $13,222.75 by Defendant First American Data Tree LLC. Responses due by 12/8/2014 (Attachments: #1 Memorandum in support of motion, #2 Exhibit Ex. A - invoice for $417,942, #3 Exhibit Ex. B - invoice for $13,222, #4 Exhibit Ex. C - itemizing $417,942, #5 Exhibit Ex. D - itemizing $13,222, #6 Exhibit Ex. E - proposed order & judgment, #7 Exhibit Ex. F - declaration of E. Monahan)(Marburger, David) |
| Filing 92 Plaintiff Fidlar Technologies' Answer to Defendant First American Data Tree's Second Amended Counterclaims ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Fidlar Acquisition Co..(Williams, Jason) |
| Filing 91 Third Party Defendant's Affirmative Defenses and ANSWER to #23 Third Party Complaint, by Michael Costello.(Hoerner, Kevin) |
| NOTICE of Cancellation of Hearing: Status Conference set 10/6/14 at 3 pm is CANCELLED pursuant to the report from counsel that the dispute is being worked out without the court's assistance. (WG, ilcd) |
| Filing 90 AMENDED DOCUMENT by First American Data Tree LLC. Amendment to #28 Amended Document Second Amended Counterclaims. (Marburger, David) |
| Filing 89 AMENDED DOCUMENT by First American Data Tree LLC. Amendment to #24 Third Party Complaint Amended Third Party Complaint. (Attachments: #1 Exhibit Exhibit 1 - Fidlar contract, #2 Exhibit Exhibit 1-A - Fidlar contract (word processed), #3 Exhibit Exhibit 2 - Remote Record Access, #4 Exhibit Exhibit 3 - Tapestry terms, #5 Exhibit Exhibit 4 - St. Clair Check)(Marburger, David) |
| ORAL MOTION for Status Hearing re discovery dispute by Plaintiff Fidlar Acquisition Co. (WG, ilcd) |
|
TEXT ORDER granting Oral Motion for Hearing.Telephone Status Conference re discovery dispute is set for Monday, 10/6/2014 at 3:00 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. If Counsel are to be reached at a number different than what is listed on the docket sheet, the are directed to phone Judge Hawley's courtroom deputy at 309-671-5214 and confirm the phone number where they may be reached for the call. Entered by Magistrate Judge Jonathan E. Hawley on 10/2/14. (WG, ilcd)
|
|
Filing 88
ORDER granting #70 Motion for Leave to File; granting #71 Motion for Leave to File; denying #82 Motion for Leave to File. See Written Order. Entered by Magistrate Judge Jonathan E. Hawley on 9/30/2014. (KZ, ilcd)
|
| Filing 87 MEMORANDUM in opposition to Fidlar's request for a dismissal with prejudice re #81 Response to Motion by First American Data Tree LLC. (Marburger, David) |
| Filing 86 MEMORANDUM by First American Data Tree LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(LN, ilcd) |
| Filing 85 MOTION for Leave to File 21-page opposition to Fidlar's motion for leave by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 10/14/2014 (Attachments: #1 Exhibit Exhibit A to Mot. for Leave - Memorandum in Opposition, #2 Exhibit Exhibit 1 to Memorandum - Marburger Declaration, #3 Exhibit Exhibit 2 to Memorandum - Mtg Notes, #4 Exhibit Exhibit 3 to Memorandum - Claim Comparison)(Marburger, David) |
|
TEXT ORDER granting #85 First American Data Tree's Motion for Leave to File a 21-Page Memorandum Opposing Fidlar's Motion for Leave. The Clerk is directed to file the Memorandum [85-1] attached to the Motion. Entered by Magistrate Judge Jonathan E. Hawley on 9/24/2014. (KZ, ilcd)
|
|
TEXT ORDER granting #84 Motion for Extension of Time to File Response to #82 MOTION for Leave to File Second Amended Complaint. Responses ddl extended from 9/22/14 to 9/23/14. Entered by Magistrate Judge Jonathan E. Hawley on 9/23/14. (WG, ilcd)
|
| Filing 84 MOTION for Extension of Time to File Response/Reply as to #82 MOTION for Leave to File Second Amended Complaint by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 10/9/2014 (Marburger, David) |
|
TEXT ORDER granting #83 Motion for Extension of Time to File Response to the #82 MOTION for Leave to File Second Amended Complaint. Ddl for filing response is extended from 9/16/14 to 9/22/14. Entered by Magistrate Judge Jonathan E. Hawley on 9/17/14. (WG, ilcd)
|
| Filing 83 MOTION for Extension of Time to File Response/Reply as to Order, #82 MOTION for Leave to File Second Amended Complaint by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 10/3/2014 (Marburger, David) |
| Filing 82 MOTION for Leave to File Second Amended Complaint by Plaintiff Fidlar Acquisition Co.. Responses due by 9/26/2014 (Attachments: #1 Exhibit A - Fidlar's Second Amended Complaint)(Watkins, Danessa) |
|
TEXT ORDER: Given the recent, various filings in this case, responses to Plaintiff Fidlar Technologies' Motion for Leave to File its Second Amended Complaint Against Defendant First American Data Tree are due by the shortened deadline of 9/16/2014. Entered by Magistrate Judge Jonathan E. Hawley on 9/9/2014. (KZ, ilcd)
|
| Filing 81 RESPONSE to Motion re #71 MOTION for Leave to File 2d amended counterclaims filed by Plaintiff Fidlar Acquisition Co.. (Watkins, Danessa) |
| Filing 80 RESPONSE to Motion re #69 MOTION for Order entering judgment for Fidlar on Count II of Fidlar's first amended complaint filed by Plaintiff Fidlar Acquisition Co.. (Attachments: #1 Exhibit A-E)(Watkins, Danessa) |
|
TEXT ORDER granting #79 Motion for Extension of Time to File Response. Response to Motions #71 MOTION for Leave to File 2d amended counterclaims and #69 MOTION for Order entering judgment for Fidlar on Count II of Fidlar's first amended complaint are due by 9/8/2014. Entered by Magistrate Judge Jonathan E. Hawley on 9/8/14. (WG, ilcd)
|
| Filing 79 Joint MOTION for Extension of Time to File Response/Reply Defendant's Pending Motions by Plaintiff Fidlar Acquisition Co.. Responses due by 9/22/2014 (Williams, Jason) |
| Filing 78 RESPONSE to Motion re #69 MOTION for Order entering judgment for Fidlar on Count II of Fidlar's first amended complaint filed by ThirdParty Defendant Michael Costello. (Gehrs, James) |
| Filing 77 RESPONSE to Motion re #70 MOTION for Leave to File an amended third-party complaint filed by ThirdParty Defendant Michael Costello. (Gehrs, James) |
|
TEXT ORDER granting #76 Third Party Defendant Michael Costello's Motion Pursuant to Local Rule 6.1 for an Extension of Time to Respond to ECF No. 69 & 70. Costello's responses to those motions are due by 9/5/2014. Entered by Magistrate Judge Jonathan E. Hawley on 9/4/2014. (KZ, ilcd)
|
| Filing 76 MOTION for Extension of Time to File Response/Reply to ECF No. 69 and 70 by ThirdParty Defendant Michael Costello. Responses due by 9/22/2014 (Gehrs, James) |
|
TEXT ORDER granting #75 Motion for Extension of Time to File Response re #69 MOTION for Order entering judgment for Fidlar on Count II of Fidlar's first amended complaint. Response ddl extended to 9/5/2014. Entered by Magistrate Judge Jonathan E. Hawley on 9/3/14. (WG, ilcd)
|
| Filing 75 MOTION for Extension of Time to File Response/Reply as to #69 MOTION for Order entering judgment for Fidlar on Count II of Fidlar's first amended complaint, #71 MOTION for Leave to File 2d amended counterclaims Pursuant to Local Rule 6.1 by Plaintiff Fidlar Acquisition Co.. Responses due by 9/19/2014 (Watkins, Danessa) |
| Filing 74 NOTICE to Take Deposition of Adam Watkins on 9/23/2014 (Marburger, David) |
| Filing 73 NOTICE to Take Deposition of Kimberly Albrecht on 9/23/2014 (Marburger, David) |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone Attys Jason Williams, David Marburger, and James Gehrs for a Status Conference on Monday, 8/18/2014 re: discovery dispute. Discussion held re: scheduling of 30(b)(6) deposition(s) and amended pleadings. Parties are reminded of possiblity of scheduling a Settlement Conference. Parties directed to file responses to pending motions. (JRK, ilcd) |
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Pursuant to conversation with the District Judge presiding on this case, the Clerk is directed to unrefer the pending motion 69 as District Judge Darrow will rule on this matter. Entered on 8/18/14. (WG, ilcd)
|
| Filing 72 NOTICE of First American Data Tree, LLC about proceedings re: Count I (computer fraud and abuse) of Fidlar's first amended complaint (Attachments: #1 Exhibit Exhibit U - damages explanation, #2 Exhibit Exhibit V - interrogatory responses, #3 Exhibit Exhibit W - cancelled users, #4 Exhibit Exhibit X - March 2012 invoice, #5 Exhibit Exhibit Y - check from Fidlar, #6 Exhibit Exhibit Z - cost spreadsheet)(Marburger, David) |
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Due to a conflict in the Court's calendar, the Status Conference set for 8/14/14 at 3:05 PM is CANCELLED and RESET to Monday, 8/18/2014 at 8:00 AM (Central Time) by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered on 8/14/14. (WG, ilcd)
|
| Filing 71 MOTION for Leave to File 2d amended counterclaims by Defendant First American Data Tree LLC. Responses due by 9/2/2014 (Attachments: #1 Exhibit proposed 2d amended counterclaims v. Fidlar)(Marburger, David) |
| Filing 70 MOTION for Leave to File an amended third-party complaint by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 9/2/2014 (Attachments: #1 Memorandum in support of motion for leave, #2 Exhibit Exhibit A - Proposed amended third-party complaint, #3 Exhibit Exhibit 1 to proposed amended third-party complaint, #4 Exhibit Exhibit 2 to proposed amended third-party complaint, #5 Exhibit Exhibit 3 to proposed amended third-party complaint, #6 Exhibit Exhibit 4 to proposed amended third-party complaint)(Marburger, David) |
| Filing 69 MOTION for Order entering judgment for Fidlar on Count II of Fidlar's first amended complaint by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 9/2/2014 (Attachments: #1 Memorandum in support, #2 Exhibit Exhibit 1 - reproduced 30(b)(6) topics, #3 Exhibit Exhibit 2 - damages roadmap, #4 Exhibit Exhibit 3 - Fidlar interrogatory responses, #5 Exhibit Exhibit 4 - Fidlar damages spreadsheet, #6 Exhibit Exhibit 5 - Fidlar lost users spreadsheet, #7 Exhibit Exhibit 6 - proposed order)(Marburger, David) |
|
TEXT ORDER: The previous Text Order of 8/13/2014 was erroneously entered and is therefore STRICKEN. The Plaintiff Fidlar Technologies' Motion to Compel Rule 30(b)(6) Deposition of Defendant First American Data Tree LLC #68 is also STRICKEN. During the 8/8/2014 Status Conference, the Court expressly reminded the parties that if a dispute arises between them on any discovery issue, they are to promptly confer and, if said conference does not resolve the dispute, contact the Court within 24 hours to schedule a hearing to resolve the dispute. Rather than follow those directions, the Plaintiff filed a Motion to Compel. The Court expects that it will be contacted within the next 24 hours so that a hearing can be scheduled in re the dispute identified in the Plaintiff's stricken Motion to Compel. Entered by Magistrate Judge Jonathan E. Hawley on 8/13/2014. (KZ, ilcd)
|
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Pursuant to direction, Plaintiff's have requested a conference with the court in re a discovery dispute. The Court sets a Status Conference for Thursday, 8/14/2014 at 3:05 PM (Central Time) by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered on 8/13/14. (WG, ilcd)
|
|
STRICKEN PURSUANT TO TEXT ORDER ENTERED 8/13/2014: TEXT ORDER by Magistrate Judge Jonathan E. Hawley: The court shortens the response ddl to the #68 MOTION to Compel Rule 30(b)(6) Deposition of Defendant First American Data Tree LLC filed by Fidlar Acquisition Co. to 8/19/2014. Entered on 8/13/14. (WG, ilcd) Modified on 8/13/2014 to STRIKE filing (JRK, ilcd).
|
| Filing 68 STRICKEN PURSUANT TO TEXT ORDER ENTERED 8/13/2014: MOTION to Compel Rule 30(b)(6) Deposition of Defendant First American Data Tree LLC by Plaintiff Fidlar Acquisition Co.. Responses due by 8/29/2014 (Attachments: #1 Exhibit Exhibits A-I, #2 Exhibit Exhibits J-K, #3 Exhibit Exhibits L-T)(Watkins, Danessa) Modified on 8/13/2014 to STRIKE filing (JRK, ilcd). |
|
TEXT ORDER by Magistrate Judge Jonathan E. Hawley: Pursuant to Notice #67 filed 8/10/14, the #65 Motion for Leave to File and #66 Motion for Leave to File are considered WITHDRAWN. Entered on 8/11/14. (WG, ilcd)
|
| Filing 67 NOTICE of First American Data Tree, LLC of withdrawal of its pending motions for leave to file amended counterclaims and third-party complaint re #65 MOTION for Leave to File an amended third-party complaint, #66 MOTION for Leave to File proposed second amended counterclaims against Fidlar (Marburger, David) |
| Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone Attys Jason Williams on behalf of Fidlar, David Marburger on behalf of First American Data Tree, and James Gehrs on behalf of Michael Costello for a Status Conference on Friday, 8/8/2014. Discussion held re: #64 Notice. Atty Marburger clarifies with the Court that this is not a Motion, but simply a Notice re: discovery. Discussion held re: #65 Motion for Leave to file Amended Third Party Complaint, #66 Motion for Leave to file Proposed Second Amended Counterclaims, as well as discovery in this case. Court asserts that the deadlines currently set in this case are to remain firmly in place. Court reminds parties that if a disputes arises between them on any discovery issue, they are to promptly confer and, if said conference does not resolve the dispute, to contact the Court within 24 hours to schedule a hearing to resolve the dispute. Parties are instructed to file their reponse(s) to Motions #65 #66 so that a in-person Motion Hearing MAY be scheduled. Possibility of settlment discussed and the parties are advised of mediation procedures. Continued discussion re: Motions #65 and #66 . Court declares that regardless of ruling on the Motions #65 #66 , the discovery deadline will NOT be moved again. (JRK, ilcd) |
| Filing 66 MOTION for Leave to File proposed second amended counterclaims against Fidlar by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 8/22/2014 (Attachments: #1 Memorandum in support of Motion of First American Data Tree, LLC for leave to amend its counterclaims, #2 Exhibit Exhibit A - First American Data Tree, LLC's proposed second amended counterclaims against Fidlar)(Marburger, David) |
| Filing 65 MOTION for Leave to File an amended third-party complaint by Defendant First American Data Tree LLC, Counter Claimant First American Data Tree LLC, ThirdParty Plaintiff First American Data Tree LLC. Responses due by 8/21/2014 (Attachments: #1 Memorandum in support of motion of First American Data Tree, LLC's motion for leave to file an amended third-party complaint, #2 Exhibit Exhibit A - First American Data Tree, LLC's proposed amended third-party complaint)(Marburger, David) |
| TEXT ORDER: Status Conference set for 8/8/2014 at 1:00 PM (central time) by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. (KZ, ilcd) |
| Filing 64 NOTICE of objection of First American Data Tree, LLC to Fidlar's second amended notice under Fed. R. Civ. P. 30(b)(6) (served on Fidlar's counsel on July 15, 2014) (Marburger, David) |
| Filing 63 NOTICE of Change of Address by Jason R Williams (Williams, Jason) |
| Filing 62 NOTICE of Appearance of Attorney by James Lee Gehrs, II on behalf of Michael Costello (Gehrs, James) |
|
TEXT ORDER granting #61 Joint Motion for Order Amending the October 2, 2013 Scheduling Order. All Discovery now closes 9/25/2014, the Defendant`s expert disclosures due by 8/25/2014, Plaintiff`s expert disclosures due by 8/25/2014, and dispositive motions now due by 12/15/2014. Final Pretrial Conference re-set to 3/17/2015 11:00 AM in Rock Island Courtroom before Judge Sara Darrow. Jury Trial re-set to 5/4/2015 09:00 AM in Rock Island Courtroom before Judge Sara Darrow. Absent a request by counsel, no court reporter will be present at the Final Pretrial Conference. The parties are to file their Final Pretrial Order on or before 3/13/2015. Entered by Magistrate Judge Jonathan E. Hawley on 6/4/2014. (KZ, ilcd)
|
| Filing 61 Joint MOTION to Amend/Correct the October 2, 2013 Scheduling Order by Plaintiff Fidlar Acquisition Co.. Responses due by 6/20/2014 (Watkins, Danessa) |
|
Filing 60
ORDER granting #59 Motion to Substitute Attorney. Attorney Alvin C Paulson terminated as counsel in this case. Entered by Magistrate Judge Jonathan E. Hawley on 6/2/14. (WW, ilcd)
|
| Filing 59 MOTION to Substitute Attorney, Alvin C. Paulson to be replaced by Kevin T. Hoerner, by ThirdParty Defendant Michael Costello. Responses due by 6/16/2014 (Attachments: #1 Text of Proposed Order)(Hoerner, Kevin) |
| Filing 58 NOTICE of Appearance of Attorney by Kevin T Hoerner on behalf of Michael Costello (Hoerner, Kevin) |
| Filing 57 NOTICE to Take Deposition of David Steil on June 5, 2014 (Marburger, David) |
| Filing 56 NOTICE to Take Deposition of Scott Moore on June 5, 2014 (Marburger, David) |
|
TEXT ORDER: The filing of the AGREED #55 Motion for Order extending Fact Discovery ddl causes the Court to find #52 Motion for Order to be MOOT. The Court GRANTS #55 Motion for Order and extends the Discovery ddl to 7/1/2014. The Motion Hearing set for 4/21/14 is CANCELLED. Entered by Magistrate Judge Jonathan E. Hawley on 4/14/14. (WW, ilcd)
|
| Filing 55 Joint MOTION for Order Extending the Fact Discovery Deadline to July 1, 2014 by Plaintiff Fidlar Acquisition Co.. Responses due by 4/28/2014 (Watkins, Danessa) |
|
Filing 54
ORDER entered by Judge Sara Darrow on March 28, 2014, DENYING the Third Party Defendant's #36 Motion to Dismiss. (MRD, ilcd)
|
|
TEXT ORDER Setting Motion Hearing in re #52 MOTION for Order Amending October 2, 2013 Scheduling Order. Motion Hearing set for 4/21/2014 at 11:30 AM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered by Magistrate Judge Jonathan E. Hawley on 3/28/14. (WW, ilcd)
|
| Filing 53 MEMORANDUM in Support of re #52 MOTION for Order Amending October 2, 2013 Scheduling Order by Fidlar Acquisition Co.. (Attachments: #1 Exhibit A - I, #2 Exhibit J - R)(Watkins, Danessa) |
| Filing 52 MOTION for Order Amending October 2, 2013 Scheduling Order by Plaintiff Fidlar Acquisition Co.. Responses due by 4/10/2014 (Watkins, Danessa) |
|
TEXT ORDER: Pursuant to instructions from Chief Judge James E. Shadid, the assignment of this case to Magistrate Judge John A. Gorman is withdrawn due to his retirement. This case is hereby reassigned to Magistrate Judge Jonathan E. Hawley. Entered by Chief Judge James E. Shadid on 3/5/14. (DK, ilcd)
|
| Filing 51 NOTICE of Appearance of Attorney by David L Marburger on behalf of First American Data Tree LLC (Marburger, David) |
|
Filing 50
RULE 26 (c) AGREED PROTECTIVE ORDER. Entered by Magistrate Judge John A. Gorman on 1/22/14. (WW, ilcd)
|
| Filing 49 MOTION for Protective Order Rule 26(c) Agreed (Unopposed) by ThirdParty Plaintiff First American Data Tree LLC. Responses due by 2/7/2014 (Attachments: #1 Exhibit Exhibit 1)(Park, Robert) |
| Filing 48 NOTICE of Appearance of Attorney by Abigail C. L. Waeyaert on behalf of First American Data Tree LLC. (KB, ilcd) |
| Filing 47 CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENTS-Fidlar. (Park, Robert) |
| Filing 46 CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENTS-Costello. (Park, Robert) |
| Filing 45 CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENTS. (Park, Robert) |
| Filing 44 NOTICE OF ENTRY OF APPEARANCE (filed as First MOTION for Leave to Appear) by Plaintiff Fidlar Acquisition Co. (Watkins, Danessa) Modified on 12/17/2013 to show it is a entry of appearance not a motion (KB, ilcd). |
| Filing 43 CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENTS. (Park, Robert) |
| Filing 42 Minute Entry for proceedings held before Magistrate Judge John A. Gorman: Parties present via telephone by Attys J Williams/R Park/A Paulson for Rule 16Scheduling Conference held on 10/2/2013. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Discussion held regarding proposed discovery plan. The Court approves the proposed discovery plan and sets the following schedule: All Fact Discovery to be completed by 04/15/2014. All Discovery to be completed by 8/15/2014. All Dispositive Motions to be filed by 9/15/2014. Final Pretrial Conference is set for 1/27/2015 at 10:00 AM and Jury Trial is set for 2/23/2015 at 09:00 AM BOTH in Rock Island Courtroom before Judge Sara Darrow. Parties to file Final Pretrial Order on or before 01/25/2015. The Court encourages the filing of Notices to Take Depositions and Notices of Service of written discovery so that progress of discovery may be monitored.(JS, ilcd) |
| Filing 41 REPORT of Rule 26(f) Planning Meeting by First American Data Tree LLC. (Park, Robert) |
| Filing 40 MEMORANDUM re #39 Response to Motion by First American Data Tree LLC. (Park, Robert) |
| Filing 39 RESPONSE to Motion re #36 MOTION to Dismiss Counts I and III of Third Party Complaint filed by ThirdParty Plaintiff First American Data Tree LLC. (Park, Robert) |
|
Filing 38
ORDER by Magistrate Judge John A. Gorman: #34 Motion for Default DENIED. Rule 16 Scheduling Conference set for 10/2/2013 at 10:15 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. See written order. Entered on 8/21/13. (WW, ilcd)
|
| Filing 37 MEMORANDUM IN SUPPORT re #36 MOTION to Dismiss by Michael Costello. (Paulson, Alvin) |
| Filing 36 MOTION to Dismiss by ThirdParty Defendant Michael Costello. Responses due by 9/6/2013 (Paulson, Alvin) |
| Filing 35 ANSWER to #24 Third Party Complaint by Michael Costello.(Paulson, Alvin) |
| Filing 34 MOTION for Default Judgment as to Third Party Defendant Michael Costello, St. Clair County, Illinois, Recorder of Deeds by ThirdParty Plaintiff First American Data Tree LLC. Responses due by 9/6/2013 (Park, Robert) |
| Filing 33 AFFIDAVIT OF SERVICE ON COSTELLO by First American Data Tree LLC. (Park, Robert) |
| Filing 32 Fidlar's Answer to Data Tree's Amended Counterclaims ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Fidlar Acquisition Co..(Williams, Jason) |
| Filing 31 Alias Summons Issued as to Michael Costello. (KB, ilcd) |
| Filing 30 CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENTS. (Park, Robert) |
| NOTICE of Cancellation of Hearing: Rule 16 hearing set 7/17/13 at 10:30 AM is CANCELLED pending the appearance of the Third Party Defendant in the case. Third Party Complaint was served on Third Party Defendant Costello on 6/24/13. Rule 16 hearing will be reset upon filing of a notice of appearance or a responsive pleading by Third Party Defendant. (WW, ilcd) |
| Filing 29 REPORT of Rule 26(f) Planning Meeting by First American Data Tree LLC. (Park, Robert) |
| Filing 28 AMENDED DOCUMENT by First American Data Tree LLC. Amended Counterclaims. (Park, Robert) |
| Filing 27 AFFIDAVIT OF SERVICE ON THIRD PARTY DEFENDANT COSTELLO by First American Data Tree LLC. (Park, Robert) |
| Filing 26 Fidlar's ANSWER to #19 Answer to Amended Complaint, Counterclaim by First American Data Tree by Fidlar Acquisition Co..(Williams, Jason) |
| Filing 25 Summons Issued as to Michael Costello. (MZ, ilcd) |
| Filing 24 THIRD PARTY COMPLAINT against Michael Costello, filed by First American Data Tree LLC.(Park, Robert) |
| Filing 23 STRICKEN PURSUANT TO TEXT ORDER ENTERED ON 6/18/2013 BY U.S. MAGISTRATE JUDGE JOHN A. GORMAN - THIRD PARTY COMPLAINT against Michael Costello, filed by First American Data Tree LLC.(Park, Robert) Modified on 6/18/2013 to strike document due to wrong document attached to entry (KB, ilcd). |
|
TEXT ONLY ORDER STRIKING/VACATING DOCUMENT Entered by Magistrate Judge John A. Gorman on 6/18/2013. Clerk is directed to strike document #23 Third Party Complaint filed by First American Data Tree LLC as the wrong document was attached. Counsel directed to refile document. (KB, ilcd)
|
| Filing 22 CERTIFICATE OF SERVICE OF RULE 26(a)(1) DISCLOSURES. (Park, Robert) |
| Filing 21 DEMAND for Trial by Jury by First American Data Tree LLC. (Park, Robert) |
|
Filing 20
ORDER setting Rule 16 Scheduling Conference. Rule 16 Scheduling Conference set for Wednesday, 7/17/13 at 10:30 AM by telephone from Peoria (court will place call) before Magistrate Judge John A. Gorman. Agreed proposed discovery plan to be filed by 7/12/13. See written order. Entered by Magistrate Judge John A. Gorman on 6/6/13.(WW, ilcd)
|
| Filing 19 Defendant's ANSWER to #18 Amended Complaint , COUNTERCLAIM against Fidlar Acquisition Co. by First American Data Tree LLC.(Park, Robert) |
| Filing 18 FIRST AMENDED COMPLAINT against First American Data Tree LLC, filed by Fidlar Acquisition Co..(MZ, ilcd) |
|
Filing 17
ORDER entered by Magistrate Judge John A. Gorman on 5/22/2013. The motion to amend #11 is granted. The Clerk is directed to file the amended complaint attached to the motion. (MZ, ilcd)
|
|
Filing 16
ORDER entered by Judge Sara Darrow on 5/1/2013 DENYING #5 Defendant's Motion to Transfer Venue and GRANTING #14 Plaintiff's Motion for Leave to File. (EC, ilcd)
|
| Filing 15 RESPONSE to Motion re #14 First MOTION for Leave to File Supplemental Memorandum in Opposition to Defendant's Motion to Transfer Venue filed by Defendant First American Data Tree LLC. (Park, Robert) |
| Filing 14 First MOTION for Leave to File Supplemental Memorandum in Opposition to Defendant's Motion to Transfer Venue by Plaintiff Fidlar Acquisition Co.. Responses due by 3/15/2013 (Attachments: #1 Exhibit)(Williams, Jason) |
| Filing 13 RESPONSE to Motion re #11 First MOTION to Amend/Correct Complaint filed by Defendant First American Data Tree LLC. (Park, Robert) |
|
TEXT ORDER granting #12 Motion to Withdraw. Attorney John S Callas terminated as counsel for Plaintiff in this case. Entered by Magistrate Judge John A. Gorman on 2/12/13. (WW, ilcd)
|
| Filing 12 MOTION to Withdraw as Counsel for Plaintiff by Plaintiff Fidlar Acquisition Co.. Responses due by 2/28/2013 (Callas, John) |
|
TEXT ORDER by Magistrate Judge John A. Gorman, deferring ruling on #11 Motion to Amend/Correct, until a ruling has entered on the pending motion to transfer for improper venue. Entered on 2/11/13. (JB, ilcd)
|
| Filing 11 First MOTION to Amend/Correct Complaint by Plaintiff Fidlar Acquisition Co.. Responses due by 2/25/2013 (Attachments: #1 Exhibit)(Williams, Jason) |
| Filing 10 NOTICE of Appearance of Attorney by Jason R Williams on behalf of Fidlar Acquisition Co. (Williams, Jason) |
| Filing 9 AFFIDAVIT re #5 MOTION to Transfer Case of Kenneth Batacao by First American Data Tree LLC. (Park, Robert) |
| Filing 8 MEMORANDUM In Support of Resistance to Motion to Transfer Venue re #7 Response to Motion by Fidlar Acquisition Co.. (Attachments: #1 Exhibit, #2 Exhibit)(Callas, John) |
| Filing 7 RESPONSE to Motion re #5 MOTION to Transfer Case filed by Plaintiff Fidlar Acquisition Co.. (Attachments: #1 Exhibit)(Callas, John) |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Transfer Case by First American Data Tree LLC. (Park, Robert) |
| Filing 5 MOTION to Transfer Case by Defendant First American Data Tree LLC. Responses due by 11/9/2012 (Attachments: #1 Affidavit Donald P. Kennedy)(Park, Robert) |
| Filing 4 AFFIDAVIT re #3 Amended Document by First American Data Tree LLC. (Park, Robert) |
| Remark: The Amended Notice of Removal (#3) has been reviewed and found to adequately allege diversity jurisdiction. (JB, ilcd) |
| Filing 3 AMENDED DOCUMENT by First American Data Tree LLC. Amendment to #1 Notice of Removal, . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Park, Robert) |
| Filing 2 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by First American Data Tree LLC. (Park, Robert) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of the Fourteenth Judicial Circuit, case number 12 L 101 (Filing fee $ 350 receipt number 0753-1460070), filed by First American Data Tree LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Park, Robert) |
|
TEXT ORDER by Magistrate Judge John A. Gorman. The Notice of Removal asserts the diversity jurisdiction of this Court. Defendant is an LLC. The Citizenship of an LLC is deteremined by the citizenship of each of its members as of the date the complaint was filed. Thomas v. Guardsmark, 487 f3d 531, 533-34 (7th Cir. 2007). The allegations of citizenship are insufficient. Defendant is ordered to file an amended Notice of Removal which includes the required assertions of citizenship to support diversity jurisdiction. Entered on 10/17/12. (JB, ilcd)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Central District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
