Magnuson v. Exelon Generation Company, LLC
| Brian Magnuson |
| Exelon Generation Company, LLC |
| 4:2021cv04142 |
| August 31, 2021 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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TEXT ONLY ORDER re #70 Discovery Plan. Rule 16 Scheduling Conference set for 11/1/2021 at 2:00 PM via telephone before Magistrate Judge Jonathan E. Hawley. Counsel are to phone into conference by calling 571-353-2300, then enter 287753270#. Entered by Magistrate Judge Jonathan E. Hawley on 10/15/21. (WG)
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Filing 70
DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Brian Magnuson. (Ayers, Stephani)
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Filing 69
PDF with attached Audio File. Court Date & Time [ 9/30/2021 9:31:49 AM ]. File Size [ 1522 KB ]. Run Time [ 00:03:10 ]. (admin).
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Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone conference by Attys Thad Guyer and Frank Newell for Plaintiff and Atty Brian Hayes for Defendant for Status Conference held on 9/30/2021. Discussion held regarding status. Parties are directed to submit a discovery plan within 14 days. (Tape #PRC: 9:31 a.m.) (AH)
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TEXT ONLY ORDER: Status Conference set for 9/30/2021 at 9:30 AM via telephone before Magistrate Judge Jonathan E. Hawley. Counsel are to phone into conference by calling 571-353-2300, then enter 287753270#. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. Entered by Magistrate Judge Jonathan E. Hawley on 9/10/21. (WG)
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Filing 68
Case transferred in from District of Illinois Northern; Case Number 1:19-cv-07390.
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Remark: The 8/31/2021 docket entry was returned as an undeliverable email address as to Steven L Gillman. Attorney Steven L Gillman email account disabled. (LN)
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Remark: Attorney's Frank T Newell, Stephani Ayers, Brian Hayes, and Kenneth Jenero are not admitted to practice in this district, and have been sent the Attorney Admission packet. (RES)
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Filing 67
TRANSFERRED to the Central District of Illinois, Rock Island the electronic record. (jn, )
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Filing 66
MINUTE entry before the Honorable Jeffrey Cummings: The district judge has entered an order terminating the case (doc. #65 ), pursuant to the granting of defendant's motion to transfer venue pursuant to 28 U.S.C. 1404(a) to the Central District of Illinois, Rock Island Division (doc. #48 ). All matters subject to the referral having been concluded, the referral is hereby terminated. Mailed notice. (jj, )
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Filing 65
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, Defendant Exelon's motion #48 to transfer venue is granted. The case shall be transferred forthwith to the Central District of Illinois, Rock Island Division. The tracking status hearing of 09/10/2021 is vacated. Emailed notice (mw, )
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Filing 64
MINUTE entry before the Honorable Edmond E. Chang: The defense motion #48 to transfer the case remains under advisement; the Court does have a draft under consideration. The tracking status hearing of 08/27/2021 is reset to 09/10/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 63
MINUTE entry before the Honorable Edmond E. Chang: The defense motion #48 to transfer the case remains under advisement. The tracking status hearing of 07/23/2021 is reset to 08/27/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 62
MINUTE entry before the Honorable Edmond E. Chang: The Defendant's motion #48 to transfer remains under advisement. The tracking status hearing of 06/11/2021 is reset to 07/23/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 61
MINUTE entry before the Honorable Edmond E. Chang: The Defendant's motion #48 to transfer remains under advisement. The tracking status hearing of 04/16/2021 is reset to 06/11/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 60
MINUTE entry before the Honorable Edmond E. Chang: The Defendant's motion #48 to transfer remains pending. The tracking status hearing of 02/26/2021 is reset to 04/16/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Mailed notice (cn).
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Filing 59
MINUTE entry before the Honorable Edmond E. Chang: The Court has the Defendant's motion to transfer #48 under advisement. The tracking status hearing of 12/18/2020 is reset to 02/26/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 58
MINUTE entry before the Honorable Edmond E. Chang: The Court's previous minute entry is corrected to reflect: In light of the fully briefed Defendant's motion to transfer #48 , the tracking status hearing of 11/20/2020 is reset to coincide with the other tracking date of 12/18/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 57
MINUTE entry before the Honorable Edmond E. Chang: In light of the fully briefed Defendant's motion to transfer #48 , the tracking status hearing of 11/20/2020 is reset to coincide with the other tracking date of 12/18/2021 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 56
REPLY by Defendant Exelon Generation Company, LLC to motion to transfer case, #48 , memorandum in opposition to motion #55 (Attachments: #1 Exhibit McCauley Supp. Declaration, #2 Exhibit Putnam Map, #3 Exhibit Genualdi Declaration)(Hayes, Brian)
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Filing 55
MEMORANDUM by Brian Magnuson in Opposition to motion to transfer case, #48 [Corrected] for typographical errors (Ayers, Stephani)
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Filing 54
MEMORANDUM by Brian Magnuson in Opposition to motion to transfer case, #48 (Ayers, Stephani)
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Filing 53
AFFIDAVIT by Plaintiff Brian Magnuson in Opposition to MOTION by Defendant Exelon Generation Company, LLC to transfer case #48 (Attachments: #1 Exhibit Attachment A- 2020 SOX Complaint, #2 Attachment B- 2020 ERA Complaint)(Ayers, Stephani)
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Filing 52
AFFIDAVIT by Plaintiff Brian Magnuson in Opposition to MOTION by Defendant Exelon Generation Company, LLC to transfer case #48 (Declaration of Stephani L Ayers) (Attachments: #1 Exhibit 1- LinkedIn Profile for Beck, #2 Exhibit 2-Linkedin Profile for Petersen, #3 Exhibit 3- Linkedin Profile for Techau, #4 Exhibit 4-email from Yerkes, #5 Exhibit 5- Transportation option website, #6 Exhibit 6- Chicago Tribune article re Exelon seeking bailout, #7 Exhibit 7-Reuters article Exelon negotiating with threats of closures, #8 Exhibit 8-Exelon press release, #9 Exhibit 9-Table of Illinois white populations, #10 Exhibit 10-US Courts pub seeking to improve racial diversity, #11 Exhibit 11- Nuclear news article of Exelon threats to close in 2016, #12 Exhibit 12- American bar publication about lack of racial diversity in juries, #13 Exhibit 13- Article regarding threats to small towns from nuclear plant closures, #14 Exhibit 14- Exelon Locations)(Ayers, Stephani)
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Filing 51
MINUTE entry before the Honorable Edmond E. Chang: The unopposed extension motion to file response to the transfer motion #50 is granted to 10/26/2020. The defense reply is due by 11/02/2020. The tracking status hearing of 11/13/2020 is reset to 11/20/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 50
MOTION by Plaintiff Brian Magnuson for extension of time to file response/reply as to motion to transfer case, #48 (Attachments: #1 Text of Proposed Order)(Ayers, Stephani)
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Filing 49
MINUTE entry before the Honorable Edmond E. Chang: On Defendant's motion to transfer under 28 U.S.C. 1404(a) #48 , the Plaintiff's response is due by 10/20/2020. The defense reply is due by 10/27/2020. To track this motion, a tracking status hearing is set for 11/13/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 48
MOTION by Defendant Exelon Generation Company, LLC to transfer case (Attachments: #1 Exhibit Daniels Decl., #2 Exhibit Quad Cities Map, #3 Exhibit McCauley Decl., #4 Exhibit Magnusen MIDR, #5 Exhibit ExGen MIDR, #6 Exhibit Emails, #7 Errata EAP Referral, #8 Exhibit Port Byron Map, #9 Exhibit Bettendorf Map, #10 Exhibit Fulton Map, #11 Exhibit Geneseo Map, #12 Exhibit Quad Cities Chamber, #13 Exhibit CDIL NDIL Stats)(Hayes, Brian)
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Filing 47
MINUTE entry before the Honorable Edmond E. Chang: In light of the ongoing discovery referral, the tracking status hearing of 09/18/2020 with Judge Chang is reset to 12/18/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 46
MINUTE entry before the Honorable Andrew P. Rodovich: SETTLEMENT CONFERENCE held via Zoom on 9/2/2020, before Magistrate Judge Andrew P. Rodovich. Pla Brian Magnuson appeared w/attys Frank Newell, Stephani Ayers, Thad Guyer, Robin Potter. Dfts appeared by attys Steven Gillman, Brian Hayes, Laura Demoyer. Case did not settle. Mailed notice (cc, )
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Filing 45
MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff's motion to resume discovery #42 is granted. The parties may serve written discovery immediately and notice depositions for any dates that are mutually agreeable to the parties after 9/2/20. Mailed notice (cc, )
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Filing 44
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Cummings for the purpose of holding proceedings related to: discovery supervision and Plaintiff's opposed motion to resume discovery #42 . (mw, ) Emailed notice. (mw, )
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Filing 43
MINUTE entry before the Honorable Edmond E. Chang: On Plaintiff's motion to resume discovery #42 , the motion and all discovery supervision is referred to the magistrate judge. Emailed notice (mw, )
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Filing 42
MOTION by Plaintiff Brian Magnuson for discovery to resume (Attachments: #1 Text of Proposed Order)(Ayers, Stephani)
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Filing 41
MINUTE entry before the Honorable Edmond E. Chang: In light of the 09/02/2020 settlement conference with the magistrate judge, the status hearing of 08/21/2020 with Judge Chang is reset to 09/18/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 40
MINUTE entry before the Honorable Andrew P. Rodovich: The video settlement conference is set for 9/2/2020 at 9:00 a.m. before Judge Rodovich. Mailed notice (cc, )
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Filing 39
MINUTE entry before the Honorable Andrew P. Rodovich: Due to a power outage at the Hammond Federal Courthouse, the Settlement Conference set for 8/11/2020 at 1:00 PM before Magistrate Judge Andrew P. Rodovich is VACATED. Mailed notice (cc, )
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Filing 38
ATTORNEY Appearance for Defendant Exelon Generation Company, LLC by Brian Hayes (Hayes, Brian)
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Filing 37
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk6, Docket)
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Filing 36
MINUTE entry before the Honorable Edmond E. Chang: In light of the settlement conference of 08/11/2020 with the magistrate judge, the status hearing of 07/14/2020 with Judge Chang is reset to 08/21/2020 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Instead, the Court will monitor the docket for pertinent progress. Emailed notice (mw, )
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Filing 35
MINUTE entry before the Honorable Jeffrey Cummings: By agreement of the parties, the Court schedules a video settlement conference for 8/11/20 at 1:00 p.m. before visiting Magistrate Judge Rodovich. The Court will forward the parties' previous settlement submissions to Judge Rodovich. In advance of the settlement conference, counsel for the parties will receive the instructions for participation in the remote settlement conference. Telephonic status hearing set for 6/23/20 is stricken. Mailed notice (cc, )
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Filing 34
MINUTE entry before the Honorable Jeffrey Cummings: Telephonic status hearing set for 6/23/20 at 2:00 p.m. to schedule a settlement conference. The parties should confer prior to the status hearing to determine mutually agreeable dates for a settlement conference in July and August. The call-in number for the status hearing is (888) 684-8852 and the access code is 3997645. Members of the public and media will be able to call in to listen to this hearing. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (cc, )
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Filing 33
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket8, )
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Filing 32
MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff has provided a settlement demand letter to opposing counsel and the Court. Defendant shall submit an offer letter in conformance with the Court's Standing Order on Settlement Conferences as soon as practicable but in no event later than 6/1/2020. The Court will set a telephonic status hearing in due course to discuss rescheduling the settlement conference. To the extent possible, the parties are encouraged to engage in settlement negotiations amongst themselves, by telephone or video conference only. In addition, the parties shall promptly notify the Court if they reach a settlement agreement. This order does not exempt the parties from filing the status report otherwise required under the Northern District of Illinois' Third Amended General Order 20-0012. Mailed notice (cc, )
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Filing 31
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket7, )
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Filing 30
MINUTE entry before the Honorable Edmond E. Chang: In light of Second Amended General Order 20-0012 and the settlement referral, the status hearing of 04/28/2020 is reset to 07/14/2020 at 9:15 a.m. Mailed notice (mw, )
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Filing 29
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket2, )
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Filing 28
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, )
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Filing 27
MINUTE entry before the Honorable Jeffrey Cummings: In light of Amended General Order 20-0012, dated 3/16/20, the currently scheduled settlement conference set in this matter is postponed. The Court will set a status hearing to discuss re-scheduling the settlement conference in due course. Mailed notice (cc, )
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Filing 26
AGREED CONFIDENTIALITY ORDER Signed by the Honorable Edmond E. Chang on 3/10/2020: Mailed notice (mw, )
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Filing 25
MINUTE entry before the Honorable Edmond E. Chang: Agreed Motion for Entry of Confidentiality Order #23 is granted. Mailed notice (mw, )
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Filing 24
Notice of Motion for Agreed Motion for Entry of Confidentiality Order NOTICE of Motion by Steven L. Gillman for presentment of motion for order #23 before Honorable Edmond E. Chang on 3/11/2020 at 08:30 AM. (Gillman, Steven)
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Filing 23
MOTION by Defendant Exelon Generation Company, LLC for order Agreed Motion for Entry of Confidentiality Order (Gillman, Steven)
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Filing 22
NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff Brian Magnuson. (Ayers, Stephani)
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Filing 21
MINUTE entry before the Honorable Edmond E. Chang: In light of the 04/01/2020 settlement conference, the status hearing of 02/12/2020 with Judge Chang is reset to 04/28/2020 at 8:30 a.m. Mailed notice (mw, )
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Filing 20
Notice of Service of Defendant's Responses to Mandatory Initial Discovery Requests by Exelon Generation Company, LLC (Gillman, Steven)
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Filing 19
MINUTE entry before the Honorable Edmond E. Chang: Joint motion for extension of time to exchange MID from 02/06/2020 to 02/11/2020 #17 is granted. Mailed notice (mw, )
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Filing 18
Notice of Motion for Joint Motion For Extension of Time to Exchange Mandatory Initial Discovery from February 6, 2020 to February 11, 2020 NOTICE of Motion by Steven L. Gillman for presentment of extension of time #17 before Honorable Edmond E. Chang on 2/10/2020 at 08:30 AM. (Gillman, Steven)
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Filing 17
MOTION by Defendant Exelon Generation Company, LLC for extension of time Joint Motion for Extension of Time to Exchange Mandatory Initial Discovery from February 6, 2020 to February 11, 2020 (Gillman, Steven)
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Filing 16
MINUTE entry before the Honorable Jeffrey Cummings:Magistrate Judge Status hearing held on 1/14/20. A settlement conference is scheduled in this case for 4/1/20 at 1:30 p.m. The parties are directed to review and comply with Judge Cummings' Standing Order for settlement conferences. Plaintiff's counsel shall provide a settlement demand letter to defense counsel by 3/4/20. The defendant shall provide its settlement offer in a letter to plaintiff's counsel by 3/18/20. The parties may not change these dates for exchange without first requesting leave from the Court. Each party shall email a copy of its letter to Judge Cummings' chambers on the same day that it is provided to opposing counsel. Each letter shall identify all of the individuals who will be present at the conference for each party. The email address for submission of settlement letters to the Court is: Settlement_Correspondence_Cummings@ilnd.uscourts.gov. Parties are reminded that this is a firm settlement conference date and no continuance will be allowed absent exigent circumstances. (rbf, )
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Filing 15
MINUTE entry before the Honorable Jeffrey Cummings:The status hearing set for 1/14/2020 is reset to begin at 11:30 a.m. Please note, time change only. Mailed notice. (rbf, )
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Filing 14
ANSWER to Complaint by Exelon Generation Company, LLC(Jenero, Kenneth)
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Filing 13
MINUTE entry before the Honorable Jeffrey Cummings:This case has been referred to Magistrate Judge Cummings to conduct a settlement conference. Initial status hearing on settlement is set for 1/14/2020 at 11:00 a.m. in courtroom 1350. Counsel are directed to familiarize themselves with Judge Cummings' Standing Order for Settlement Conferences and be ready to discuss the issues set forth on page 2 of the Order. Counsel shall consult with their respective clients before the status hearing to determine available dates for a settlement conference. The deadline for submission of settlement letters and the date of the settlement conference itself will be set at the initial status hearing. Mailed notice (rbf, )
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Filing 12
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: Settlement Conference. (mw, ) Mailed notice.
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Filing 11
MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Stephani Ayers, counsel for Plaintiff appeared by telephone. As discussed during the hearing, the parties have held extensive settlement talks, but that actually means that preparing for one would not be too onerous and the upside is to obtain the experienced and expert guidance of the magistrate judge. The case is hereby referred to the designated Magistrate Judge for settlement conference. MIDP deadline of 02/06/2020 to stand, but then discovery shall pause at that point. If one side or the other believes that discovery should resume, then the party may file a motion to resume discovery. Status hearing set for 02/12/2020 at 9:00 a.m. Mailed notice (mw, )
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Filing 10
ATTORNEY Appearance for Plaintiff Brian Magnuson by Stephani Ayers (Ayers, Stephani)
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Filing 9
STATUS Report Joint Initial Status Report by Exelon Generation Company, LLC (Gillman, Steven)
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Filing 8
ATTORNEY Appearance for Defendant Exelon Generation Company, LLC by Steven L. Gillman (Gillman, Steven)
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Filing 7
WAIVER OF SERVICE returned executed by Exelon Generation Company, LLC. Exelon Generation Company, LLC waiver sent on 11/8/2019, answer due 1/7/2020. (Jenero, Kenneth)
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Filing 6
ATTORNEY Appearance for Defendant Exelon Generation Company, LLC by Kenneth A. Jenero (Jenero, Kenneth)
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Filing 5
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. (bg, )
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Filing 4
MINUTE entry before the Honorable Edmond E. Chang:Initial status hearing set for 01/07/2020 at 9 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, )
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Filing 3
ATTORNEY Appearance for Plaintiff Brian Magnuson by Frank T. Newell (Newell, Frank)
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Filing 2
ATTORNEY Appearance for Plaintiff Brian Magnuson by Michael I Kanovitz (Kanovitz, Michael)
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Filing 1
COMPLAINT filed by Brian Magnuson; Jury Demand. Filing fee $ 400, receipt number 0752-16420446. (Attachments: #1 Civil Cover Sheet)(Kanovitz, Michael)
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (daj, )
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