Kmart Corporation v. Footstar, Inc.

Plaintiff: Kmart Corporation
Defendant: Footstar, Inc.
Case Number: 1:2009cv03607
Filed: June 15, 2009
Court: Illinois Northern District Court
Office: Chicago Office
County: Cook
Presiding Judge: Susan E. Cox
Nature of Suit: Plaintiff
Cause of Action: 28:1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
December 18, 2013 360 Opinion or Order of the Court ORDER: Defendant Liberty Mutual Fire Insurance Company has filed a motion for summary judgment on the issue of bad faith, arguing that it cannot be guilty of bad faith in denying a defense and indemnity to Kmart Corporation. Kmart seeks to renew its motion for summary judgment with respect to Liberty's bad faith conduct. For the reasons set forth, we grant Liberty's motion for summary judgment 352 and deny Kmart's renewed motion with respect to bad faith [dkt. 208]. The parties are directed to submit a final judgment order to the Court's proposed order box on or before 1/9/14. Signed by the Honorable Susan E. Cox on 12/18/2013. Mailed notice (np, )
November 2, 2012 324 Opinion or Order of the Court MEMORANDUM Opinion and Order. Signed by the Honorable Susan E. Cox on 11/2/12: (vkd, )
May 1, 2012 265 Opinion or Order of the Court MEMORANDUM Opinion and Order. Signed by the Honorable Susan E. Cox on 5/1/12: (vkd, )
March 30, 2012 260 Opinion or Order of the Court MEMORANDUM Opinion and Order. Signed by the Honorable Susan E. Cox on 3/30/12: (vkd, )
June 6, 2011 204 Opinion or Order of the Court WRITTEN Opinion entered by the Honorable Susan E. Cox on 6/6/2011: Defendant Footstar, Inc. seeks an unredacted copy of a letter that plaintiff, Kmart Corporation claims to be protected under the work-product privilege. The Court has reviewed the bri efs and the letter at issue in camera. We find that it does not fall within the work-product privilege. Footstars motion is, therefore, granted 166 . We also reviewed Kmarts sur-reply, which we previously allowed to be filed. Kmarts motion to file that brief, therefore, is granted in part 202 . [For further details see minute order.] Mailed notice. (is, )
February 15, 2011 148 Opinion or Order of the Court WRITTEN Opinion entered by the Honorable Susan E. Cox on 2/15/2011; Defendant Liberty Mutual Fire Insurance Company has filed a motion to bifurcate any further discovery of plaintiff Kmart Corporation's bad faith claim and proceed first with whe ther Liberty Mutual has a duty to defend. Defendant Footstar, Inc. joins in Liberty Mutual's motion and has filed a separate brief in support. Upon review of the parties' arguments, we find that there are limited benefits to bifurcation at this point in the litigation. Liberty Mutual's motion is, therefore, 140 denied. The Court will consider this motion, and Kmart's previous motion to compel and for sanctions 136 as having the effect of staying discovery until the matters were resolved by the Court. The previous discovery cutoff of January 14, 2011 is, therefore, stricken and discovery is extended to March 18, 2011. (For further detail see minute order). Mailed notice(vkd, )
December 8, 2010 134 Opinion or Order of the Court WRITTEN OPINION: Motion to compel 119 is granted in part and denied in part. (For further details, see minute order). Entered by the Honorable Susan E. Cox on 12/8/2010: Mailed notice(vkd, )
December 2, 2010 133 Opinion or Order of the Court MEMORANDUM Opinion and Order. Signed by the Honorable Susan E. Cox on 12/2/2010: (vkd, )
November 2, 2010 117 Opinion or Order of the Court MEMORANDUM Opinion and Order. Signed by the Honorable Susan E. Cox on 11/2/10: (vkd, )
December 1, 2009 45 Opinion or Order of the Court MEMORANDUM Opinion and Order. Signed by the Honorable Susan E. Cox on 12/1/09: (vkd, )

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Plaintiff: Kmart Corporation
Represented By: Paul R. Walker-Bright
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Defendant: Footstar, Inc.
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