Greystone Bank, A North Carolina Bank v. Baer Apartment Owners, LLC, et al
| Greystone Bank |
| Baer Apartment Owners, LLC and Ronald W Baer |
| 1:2011cv03943 |
| June 9, 2011 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Gary Feinerman |
| Contract: Negotiable Instrument |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 58 MINUTE entry before Honorable Gary Feinerman: The parties having filed a stipulation of dismissal with prejudice #57 , status hearing scheduled for 11/21/2012 #56 is stricken. Civil case terminated.Mailed notice. (jlj) |
| Filing 57 STIPULATION of Dismissal (Gensburg, Matthew) |
| Filing 56 MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 11/21/2012 at 9:00 a.m. The parties reported that they have reached a settlement. If dismissal papers are filed by 11/20/2012, the 11/21/2012 status hearing will be stricken and the case will be closed.Mailed notice. (jlj) |
| Filing 55 MINUTE entry before Honorable Gary Feinerman: Status hearing held on 8/9/2012 and continued to 10/2/2012 at 9:30 A.M. Mailed notice by judge's staff. (srb,) |
| Filing 54 MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 8/9/2012 at 9:00 a.m. Plaintiff indicated that it might file a motion to substitute. The parties reported that the matter will be resolved upon completion of the sale of the subject property.Mailed notice. (jlj) |
| Filing 53 MINUTE entry before Honorable Gary Feinerman:Due to the trial calendar of this Court, status hearing set for 4/19/2012 #51 9:00 a.m. is re-set for 8:45 a.m.Mailed notice. (jlj) |
| Filing 52 MINUTE entry before Honorable Gary Feinerman:As stated in open court, Defendant/Counterclaimants' motion to change venue #29 is denied, with a memorandum opinion and order to follow. Mailed notice. (jlj) |
| Filing 51 MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 4/19/2012 at 9:00 a.m. The parties reported that the matter may settle if the debtor refinances the property.Mailed notice. (jlj) |
| Filing 50 MINUTE entry before Honorable Gary Feinerman:The parties have submitted a joint proposed revised scheduling order, which the court adopts. All discovery is stayed pending further order of court. The 1/16/2012 deadline for moving to amend the pleadings, the 3/2/2012 deadline for completing fact discovery, and the 4/6/2012 deadline for filing dispositive motions #43 are vacated and will be re-set at a future status hearing. Status hearing scheduled for 1/19/2012 #49 is stricken and re-set for 3/7/2012 at 9:00 a.m. The parties will confer in advance of the 3/7/2012 status hearing regarding whether they wish to proceed with discovery and, if so, a proposed discovery schedule. If the parties recommence discovery, the deadline for all parties to respond to written discovery requests will be extended by an identical amount of time from the date such discovery responses would have been due. Defendants/Counter-Plaintiffs served their written discovery on 10/12/2011, while Plaintiff/Counter-Defendant served its written discovery on 10/25/2011.Mailed notice. (jlj) |
| Filing 49 MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 1/19/2012 at 9:30 a.m. The parties indicated that an agreed revised scheduling order will be submitted for the court's approval.Mailed notice. (jlj) |
| Filing 48 MINUTE entry before Honorable Gary Feinerman: Status hearing set for 1/12/2012 #47 9:00 a.m. is re-set for 9:30 a.m.Mailed notice. (jlj) |
| Filing 47 MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 11/30/2011 #46 is stricken and re-set for 1/12/2012 at 9:00 a.m.Mailed notice. (jlj) |
| Filing 46 MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 11/17/2011 #35 is stricken and re-set for 11/30/2011 at 9:00 a.m.Mailed notice. (jlj) |
| Filing 45 NOTICE by Ronald W Baer, Baer Apartment Owners, LLC re reply #44 (Kane, William) |
| Filing 44 REPLY by Counter Claimants Ronald W Baer, Baer Apartment Owners, LLC, Defendants Ronald W Baer, Baer Apartment Owners, LLC In Support Of Their Motion To Transfer Venue (Kane, William) |
| Filing 43 MINUTE entry before Honorable Gary Feinerman:The court adopts the proposed scheduling order submitted by the parties. Deadline for issuing written discovery requests is 11/3/2011. Deadline for completing fact discovery is 3/2/2012. No expert discovery is contemplated. Deadline for moving to amend the pleadings or add new parties is 1/16/2012. Deadline for filing dispositive motions is 4/6/2012.Mailed notice. (jlj) |
| Filing 42 MINUTE entry before Honorable Gary Feinerman:Motion hearing held. For the reasons stated in open court, Defendants/Counter-Plaintiffs' motion to stay discovery or, in the alternative, to modify scheduling order #37 is granted in part (as to modifying the discovery schedule) and denied in part (as to staying discovery). Parties shall submit a joint proposed revised discovery schedule by 9/30/2011. Plaintiff's motion for leave to file oversized brief #39 is granted. Defendants may file a reply brief in support of their motion to transfer of up to eighteen pages. Mailed notice. (jlj) |
| Filing 41 NOTICE of Motion by Matthew Thomas Gensburg for presentment of motion for leave to file #39 before Honorable Gary Feinerman on 9/27/2011 at 09:00 AM. (Gensburg, Matthew) |
| Filing 40 RESPONSE by Greystone Bankin Opposition to MOTION by Counter Claimants Ronald W Baer, Baer Apartment Owners, LLC, Defendants Ronald W Baer, Baer Apartment Owners, LLC to change venue #29 (Gensburg, Matthew) |
| Filing 39 MOTION by Plaintiff Greystone Bank for leave to file Response Brief in Excess of Fifteen Page Limitation (Attachments: #1 Text of Proposed Order)(Gensburg, Matthew) |
| Filing 38 NOTICE of Motion by William Kevin Kane for presentment of motion to stay #37 before Honorable Gary Feinerman on 9/27/2011 at 09:00 AM. (Kane, William) |
| Filing 37 MOTION by Counter Claimants Ronald W Baer, Baer Apartment Owners, LLC, Defendants Ronald W Baer, Baer Apartment Owners, LLC to stay discovery or, in the alternative, to modify scheduling order (Kane, William) |
| Filing 36 ANSWER to counterclaim by Greystone Bank(Heyen, Shari) |
| Filing 35 MINUTE entry before Honorable Gary Feinerman: Status hearing scheduled for 9/15/2011 #19 is stricken and re-set for 11/17/2011 at 9:00 a.m. In Plaintiff's response to Defendants' motion to transfer #29 and in Defendants' reply, the parties shall address which specific factual and legal issues, if any, are common to this litigation and to the Moran bankruptcy proceedings in the District of Hawaii; how a decision by this court on any such issue could or would impact the course of the bankruptcy proceedings; and whether the bankruptcy court could or would resolve breach of contract claims for damages between two of Moran's secured creditors.Mailed notice. (jlj) |
| Filing 34 MINUTE entry before Honorable Gary Feinerman:By agreement of the parties, motion for change of venue #29 is entered and continued until further order of court. Plaintiff shall respond to defendants' motion to change venue by 9/22/2011. Defendants' reply brief due by 10/6/2011. Motion hearing set for 9/1/2011 #30 is stricken.Mailed notice. (jlj) |
| Filing 33 NOTICE by Ronald W Baer, Baer Apartment Owners, LLC re other #31 , appendix, #32 (Kane, William) |
| Filing 32 APPENDIX other #31 , motion to change venue #29 (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C, #4 Appendix D, #5 Appendix E, #6 Appendix F, #7 Appendix G, #8 Appendix H, #9 Appendix I, #10 Appendix J)(Kane, William) |
| Filing 31 Memorandum of Law in Support of Motion to Transfer Venue by Ronald W Baer, Baer Apartment Owners, LLC (Kane, William) |
| Filing 30 NOTICE of Motion by William Kevin Kane for presentment of motion to change venue #29 before Honorable Gary Feinerman on 9/1/2011 at 09:00 AM. (Kane, William) |
| Filing 29 MOTION by Counter Claimants Ronald W Baer, Baer Apartment Owners, LLC, Defendants Ronald W Baer, Baer Apartment Owners, LLC to change venue (Kane, William) |
| Filing 28 Plaintiff's Rule 26(a)(1) Initial Disclosures by Greystone Bank (Gensburg, Matthew) |
| Filing 27 NOTICE by Ronald W Baer, Baer Apartment Owners, LLC re answer to complaint, counterclaim #26 (Kane, William) |
| Filing 26 ANSWER to Complaint and Affirmative Defenses, and COUNTERCLAIM filed by Ronald W Baer, Baer Apartment Owners, LLC against Greystone Bank. by Ronald W Baer, Baer Apartment Owners, LLC(Kane, William) |
| Filing 25 MINUTE entry before Honorable Gary Feinerman:Agreed motion to vacate July 25th default order and for extension of time to answer or otherwise plead #23 is granted. Entry of Rule 55(a) default #19 is vacated. Defendants shall answer or otherwise plead to the complaint by 8/15/2011. Motion hearing scheduled for 8/3/2011 #22 is stricken.Mailed notice. (jlj) |
| Filing 24 AFFIDAVIT of Service filed by Plaintiff Greystone Bank regarding Jurisdictional Addendum to the Complaint served on Burton I. Cohen, Registered Agent on 7/1/11 (Gensburg, Matthew) |
| MOTION by Defendants Ronald W Baer, Baer Apartment Owners, LLC for an enlargement of time to answer or otherwise plead (Omitted Relief from motion #23 ) (ma,) |
| Filing 23 MOTION by Defendants Ronald W Baer, Baer Apartment Owners, LLC to vacate July 25th Default Order (Kane, William) |
| Filing 22 NOTICE of Motion by William Kevin Kane for presentment of before Honorable Gary Feinerman on 8/3/2011 at 09:00 AM. (Kane, William) |
| Filing 21 ATTORNEY Appearance for Defendants Ronald W Baer, Baer Apartment Owners, LLC by David Michael Friebus (Friebus, David) |
| Filing 20 ATTORNEY Appearance for Defendants Ronald W Baer, Baer Apartment Owners, LLC by William Kevin Kane (Kane, William) |
| Filing 19 MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 9/15/2011 at 9:00 a.m Rule 26(a)(1) disclosures due by 8/18/2011. Written discovery request shall be issued by 10/21/2011. Fact discovery to close 12/5/2011. Deadline to amend pleadings and bring in additional parties is 12/12/2011. Dispositive motions shall be filed by 12/19/2011. For the reasons stated in open court, Plaintiff's oral motion for entry of default under Fed. R. Civ. P. 55(a) against Defendants is granted. If Plaintiff moves for a default judgment under Fed. R. Civ. P. 55(b), it shall serve Defendants Baer Apartment Owners, LLC and Ronald W. Baer with the notice of motion, the motion for default judgment, any supporting memorandum and exhibits, and a copy of this order. Defendant Ronald W. Baer is cautioned that failure to appear (either personally or through counsel) at the hearing on Plaintiff's default judgment motion may result in the entry of default judgment and the assessment of money damages against him. Defendant Baer Apartment Owners, LLC is cautioned that failure to appear through counsel (unlike persons, corporations must have an attorney to file papers or appear in court) at the hearing on Plaintiffs default judgment motion may result in the entry of default judgment and the assessment of money damages against it.Mailed notice. (jlj) |
| Filing 18 ATTORNEY Appearance for Plaintiff Greystone Bank by Shari Heyen (Heyen, Shari) |
| Filing 17 MINUTE entry before Honorable Gary Feinerman:Application to appear pro hac vice #6 is granted. Shari Heyen is given leave to file appearance as counsel for the plaintiff. Mailed notice. (jlj) |
| Filing 16 SUMMONS Returned Executed by Greystone Bank as to Baer Apartment Owners, LLC on 7/1/2011, answer due 7/22/2011. (Gensburg, Matthew) |
| Filing 15 STATUS Report (Initial) by Greystone Bank (Gensburg, Matthew) |
| Filing 14 AFFIDAVIT of Service filed by Plaintiff Greystone Bank regarding Jurisdictional Addendum to the Complaint served on Baer Apartment Owners, LLC on 06/23/2011 (Gensburg, Matthew) |
| Filing 13 SUMMONS Returned Executed by Greystone Bank as to Baer Apartment Owners, LLC on 6/14/2011, answer due 7/5/2011. (Gensburg, Matthew) |
| Filing 12 AFFIDAVIT of Service filed by Plaintiff Greystone Bank regarding Jurisdictional Addendum to the Complaint served on Ronald W. Baer on 06/23/2011 (Gensburg, Matthew) |
| Filing 11 SUMMONS Returned Executed by Greystone Bank as to Ronald W Baer on 6/14/2011, answer due 7/5/2011. (Gensburg, Matthew) |
| Filing 10 MINUTE entry before Honorable Gary Feinerman:Plaintiff having filed a jurisdictional addendum #9 that properly alleges the citizenship of Defendant Baer Apartment Owners, LLC and Defendant Ronald W. Baer and that demonstrates (for pleading purposes) the existence of diversity jurisdiction, the order to show cause #8 is discharged.Mailed notice. (jlj) |
| Filing 9 Jurisdictional Addendum to Complaint by Greystone Bank (Gensburg, Matthew) |
| Filing 8 MINUTE entry before Honorable Gary Feinerman:On the court's own motion, Plaintiff is ordered to show cause, by 7/1/2011, why this case should not be dismissed for want of subject matter jurisdiction. The complaint #1 premises subject matter jurisdiction under the diversity statute, 28 U.S.C. 1332 (c)(1), but does not properly allege the citizenship of Defendant Baer Apartment Owners, LLC or Defendant Bear. Plaintiff may discharge the order by filing a pleading styled "Jurisdictional Addendum to the Complaint" that properly alleges the citizenship of both Defendants. To properly allege the citizenship of Defendant Baer Apartment Owners, LLC, the addendum must identify each of the limited partners of The Gratitude Group (the single member of the LLC) and the citizenship of each limited partner. To properly allege the citizenship of Defendant Baer, the addendum must allege Baer's citizenship, not his residence.Initial status hearing set for 7/25/2011 at 9:30 a.m. Initial Status Report shall be filed by 7/18/2011. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov, to "District Judges," to "Judge Gary Feinerman," to "Initial Status Hearings" under Case Management Procedures) for details on the initial status hearing and Initial Status Report.Mailed notice. (jlj) |
| Filing 7 ALIAS Summons Issued as to Baer Apartment Owners (ma, ) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6088294. (Heyen, Shari) |
| Filing 5 SUMMONS Issued as to All Defendants (ma, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Greystone Bank, A North Carolina Bank by Matthew Thomas Gensburg (Gensburg, Matthew) |
| Filing 3 Disclosure STATEMENT by Greystone Bank, A North Carolina Bank (Gensburg, Matthew) |
| Filing 2 CIVIL Cover Sheet (Gensburg, Matthew) |
| Filing 1 COMPLAINT filed by Greystone Bank, A North Carolina Bank; Filing fee $ 350, receipt number 0752-6084294. (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)(Gensburg, Matthew) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Young B. Kim. (daj, ) |
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