Kramer et al v. American Bank and Trust Company et al
| Kiril Trajcevski, Marc Kramer and Matt Nyman |
| Harry S. Coin, American Bank and Trust Company, N.A., Julie Klaus, Dale Dollenbacher, Sharon Wheeler and James Allen |
| 1:2011cv08758 |
| December 9, 2011 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Andrea R Wood |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| Both |
Docket Report
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This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.
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Filing 710
FINAL APPROVAL ORDER signed by the Honorable Andrea R. Wood on 10/31/2019. Mailed notice(ef, )
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Filing 709
MINUTE entry before the Honorable Andrea R. Wood: Fairness hearing held.For the reasons stated on the record, the Court finds that the proposed class settlement is fair, reasonable, and adequate, and otherwise satisfies the requirements set forth in Federal Rule of Civil Procedure 23(e). Enter Final Approval Order. Jury trial set for 2/10/2019 is stricken. Civil case terminated. Mailed notice (ef, )
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Filing 708
MEMORANDUM memorandum in support of motion #702 by Marc Kramer, Matt Nyman, Kiril Trajcevski Plaintiffs' Memorandum in Support of Final Approval of the Class Action Settlement (Attachments: #1 Exhibit A)(Hartmann, Steven)
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Filing 707
ORDER PRELIMINARILY APPROVING SETTLEMENT, INCENTIVE AWARDS, AND ATTORNEYS' FEES AND COSTS AND AUTHORIZING NOTICE signed by the Honorable Andrea R. Wood on 9/9/2019. Mailed notice(ef, )
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Filing 706
MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' agreed motion for approval of settlement, incentive awards and attorneys' fees and costs #701 is granted. Enter Preliminary Approval Order. The Court finds that the proposed class settlement meets the requirements for preliminary approval set forth in Fed. R. Civ. P. 23(e) Fairness hearing set for 10/31/2019 at 11:00 AM. In light of the parties' settlement, Plaintiffs' motion to alter or amend a judgment #673 , Defendant's motion to alter or amend judgment #674 , and Plaintiffs' motion to compel Defendant American Bank to Seasonably Supplement Discovery Materials #688 are denied without prejudice. Mailed notice (ef, )
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Filing 705
MINUTE entry before the Honorable Andrea R. Wood: Preliminary Approval hearing held. Pursuant to the discussion held in open court and for the reasons stated on the record, Plaintiffs' agreed motion approval of settlement, incentive awards and attorneys' fees and costs #701 is taken under advisement. Plaintiffs shall submit a Word version of the revised proposed order granting preliminary approval to the Court's Proposed Order e-mailbox at Proposed_Order_Wood@ilnd.uscourts.gov within 24 hours. Mailed notice (ef, )
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Filing 704
NOTICE of Motion by Steven Michael Hartmann for presentment of motion for settlement #701 before Honorable Andrea R. Wood on 8/8/2019 at 09:30 AM. (Hartmann, Steven)
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Filing 703
AFFIDAVIT by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski in Support of MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for settlement Plaintiffs' Agreed Motion for Approval of Settlement, Incentive Awards and Attorneys' Fees and Costs #701 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hartmann, Steven)
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Filing 702
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in support of motion for settlement #701 (Hartmann, Steven)
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Filing 701
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for settlement Plaintiffs' Agreed Motion for Approval of Settlement, Incentive Awards and Attorneys' Fees and Costs (Attachments: #1 Exhibit A)(Hartmann, Steven)
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Filing 700
MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the Preliminary Approval hearing set for 8/7/2019 is stricken and reset for 8/8/2019 at 09:30 AM. Mailed notice (ef, )
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Filing 699
MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, Plaintiffs' motion for preliminary approval shall be filed by 7/26/2019. Preliminary Approval hearing set for 8/7/2019 at 9:30 AM. NOTE DATE CHANGE. Mailed notice (ef, )
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Filing 698
MINUTE entry before the Honorable Andrea R. Wood: Agreed Motion to modify expert disclosure schedule #696 is granted. Plaintiffs shall serve and file their expert disclosures regarding damages by 6/3/2019. The motion presentment date of 5/16/2019 is stricken; parties need not appear. Status hearing set for 5/30/2019 is stricken and reset for 7/16/2019 at 09:00 AM. Mailed notice (ef, )
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Filing 697
NOTICE of Motion by Timothy J. McCaffrey for presentment of motion for miscellaneous relief #696 before Honorable Andrea R. Wood on 5/16/2019 at 09:00 AM. (McCaffrey, Timothy)
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Filing 696
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevskito Modify Expert Disclosure Schedule (Agreed) (McCaffrey, Timothy)
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Filing 695
MINUTE entry before the Honorable Andrea R. Wood: The parties informed the Court that the case is ready to be set for trial. Accordingly, jury trial set for 2/10/2020 at 9:00 AM. The parties are advised that Judge Wood's courtroom is equipped with an integrated electronic evidence presentation system. Parties will no longer be permitted to bring their own projection or audio-visual equipment to display evidence electronically during trial. Any party desiring to use the Court's electronic evidence presentation system must confirm by e-mailing Judge Wood's courtroom deputy that the person who will be operating the equipment either (1) has participated in a training session with the Systems Department, or (2) does not require training because they have used the system for a trial in this courthouse previously. Parties may arrange for training by contacting the Systems Department at (312) 435-5555. Mailed notice (ef, )
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Filing 694
TRANSCRIPT OF PROCEEDINGS held on 01/31/2019 before the Honorable Andrea R. Wood. Order Number: 33567. Court Reporter Contact Information: Colette M. Kuemmeth (312) 554-8931 colette_kuemmeth@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/3/2019. Redacted Transcript Deadline set for 4/15/2019. Release of Transcript Restriction set for 6/11/2019. (Kuemmeth, Colette)
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Filing 693
MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. By 3/20/2019, Defendant shall produce employment agreements, amounts paid, and commissions paid on a per loan basis for the remaining 64 class members. By 5/20/2019, Plaintiffs shall serve and file their expert disclosures regarding damages. The courtroom deputy will contact the parties to provide proposed trial dates. Status hearing set for 5/30/2019 at 9:00 AM. Mailed notice (ef, )
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Filing 692
RESPONSE by American Bank and Trust Company, N.A.in Opposition to MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to compel DEFENDANT AMERICAN BANK TO SEASONABLY SUPPLEMENT DISCOVERY MATERIALS #688 (Attachments: #1 Exhibit A-C)(Davidson, Cameron)
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Filing 691
MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the motion and status hearing set for 2/26/2019 are stricken and reset for 3/6/2019 at 09:00 AM. Mailed notice (ef, )
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Filing 690
NOTICE of Motion by Steven Michael Hartmann for presentment of motion to compel #688 before Honorable Andrea R. Wood on 2/26/2019 at 09:00 AM. (Hartmann, Steven)
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Filing 689
EXHIBIT by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski Exhibit B regarding MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to compel DEFENDANT AMERICAN BANK TO SEASONABLY SUPPLEMENT DISCOVERY MATERIALS #688 (Hartmann, Steven)
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Filing 688
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to compel DEFENDANT AMERICAN BANK TO SEASONABLY SUPPLEMENT DISCOVERY MATERIALS (Attachments: #1 Exhibit A)(Hartmann, Steven)
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Filing 687
MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. As stated on the record, the Court's written ruling on the parties pending motions #673 #674 shall issue in short order. The courtroom deputy will contact the parties to provide proposed trial dates. Status hearing set for 2/28/2019 at 9:00 AM. Mailed notice (ef, )
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Filing 686
NOTICE by Marc Kramer, Matt Nyman, Kiril Trajcevski re other #685 of Filing Opt Out Letter of Gene Weis (Hartmann, Steven)
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Filing 685
Opt Out Letter of Gene Weis by Marc Kramer, Matt Nyman, Kiril Trajcevski (Hartmann, Steven)
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Filing 684
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 1/8/2019 is stricken and reset for 1/31/2019 at 09:00 AM. Mailed notice (ef, )
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Filing 683
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 12/20/2018 is stricken and reset for 1/8/2019 at 09:00 AM. Mailed notice (ef, )
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Filing 682
REPLY by Defendant American Bank and Trust Company, N.A. to motion to alter judgment #674 (Attachments: #1 Exhibit Exhibit A)(Davidson, Cameron)
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Filing 681
RESPONSE by American Bank and Trust Company, N.A.in Opposition to MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to alter judgment or Amend Judment #673 (Davidson, Cameron)
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Filing 680
RESPONSE by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to other #677 Letter to Judge Wood by American Bank and Trust Company, N.A (Batista, Katharine)
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Filing 679
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendant American Bank and Trust Company, N.A. to alter judgment or Amend Judgment #674 (Batista, Katharine)
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Filing 678
MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. The Court sets the following briefing schedule on the parties' cross motions to alter judgment #673 #674 : responses shall be filed by 11/14/2018 and replies shall be filed by 11/21/2018. Pursuant to the discussion held in open court, Defendant shall provide to Plaintiffs' counsel, no later than 11/6/2018, a list of the names and last-known addresses of all current and former Loan Officers employed by Defendant from 12/9/2001 to the present. The list shall include the time frame during which such current or former Loan Officer was employed. By 11/20/2018, Plaintiffs, through their counsel, shall send the Notice to Potential Class Members to the individuals identified by Defendant using the addresses provided, via United States First Class Mail. The putative Plaintiffs' opt-out letters must be postmarked by 1/15/2019 and filed with this Court by 1/29/2019. Status hearing set for 12/20/2018 at 9:00 AM. Mailed notice (ef, )
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Filing 677
Letter to Judge Wood by American Bank and Trust Company, N.A. (Davidson, Cameron)
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Filing 676
NOTICE of Motion by Cameron A Davidson for presentment of motion to alter judgment #674 before Honorable Andrea R. Wood on 11/7/2018 at 09:00 AM. (Davidson, Cameron)
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Filing 675
Memorandum by American Bank and Trust Company, N.A. Defendant's Memo in Support of Motion to Alter or Amend Judgment (Davidson, Cameron)
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Filing 674
MOTION by Defendant American Bank and Trust Company, N.A. to alter judgment or Amend Judgment (Davidson, Cameron)
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Filing 673
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to alter judgment or Amend Judment (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(Batista, Katharine)
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Filing 672
NOTICE of Motion by Katharine Thomas Batista for presentment of before Honorable Andrea R. Wood on 11/7/2018 at 09:00 AM. (Batista, Katharine)
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Filing 671
TRANSCRIPT OF PROCEEDINGS held on 9/25/2018 before the Honorable Andrea R. Wood. Order Number: 32310. Court Reporter Contact Information: Colette M. Kuemmeth (312) 554-8931 colette_kuemmeth@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/8/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/16/2019. (Kuemmeth, Colette)
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Filing 670
MEMORANDUM Opinion and Order signed by the Honorable Andrea R. Wood on 9/30/2018. Mailed notice(ef, )
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Filing 669
MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the accompanying Memorandum Opinion and Order, Plaintiffs' motion for summary judgment #583 and Defendants' motion for summary judgment #608 are both denied. Mailed notice (aw,)
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Filing 668
MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. The parties shall proceed with class notice according to Plaintiffs proposed plan for class notice #666 as modified in open court. Defendant shall provide to Plaintiffs' counsel, no later than 10/12/2018, a list of the names and last-known addresses of all current and former Loan Officers employed by Defendant from 12/9/2001 to the present. Defendant will post the Notification to Potential Class Members on its employee bulletin boards by 10/1/2018. By 11/2/2018, Plaintiffs, through their counsel, shall send the Notice to Potential Class Members to the individuals identified by Defendant using the addresses provided, via United States First Class Mail. The putative Plaintiffs' opt-out letters must be postmarked by 12/28/2018 and filed with this Court by 1/11/2019. Status hearing set for 10/30/2018 at 9:00 AM. Mailed notice (ef, )
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Filing 667
Parties' Joint Submission Regarding Further Discovery by Marc Kramer, Matt Nyman, Kiril Trajcevski (Attachments: #1 Exhibit A)(Hartmann, Steven)
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Filing 666
Plaintiffs' Proposed Plan for Class Notice by Marc Kramer, Matt Nyman, Kiril Trajcevski (Attachments: #1 Exhibit A, #2 Exhibit B)(Hartmann, Steven)
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Filing 665
NOTICE by All Plaintiffs (Hartmann, Steven)
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Filing 664
MEMORANDUM Opinion and Order signed by the Honorable Andrea R. Wood on 8/24/2018. Status hearing set for 9/25/2018 at 09:00 AM. Mailed notice(ef, )
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Filing 663
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 7/18/2018 is stricken. Mailed notice (aw,)
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Filing 662
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 6/20/2018 is stricken and reset for 7/18/2018 at 09:00 AM. Mailed notice (ef, )
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Filing 661
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 5/30/2018 is stricken and reset for 6/20/2018 at 09:00 AM. Mailed notice (ef, )
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Filing 660
MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for an extension of time #658 is granted. The parties shall have until 7 days after the issuance of the Court's forthcoming Memorandum Opinions regarding Defendant's motion to reconsider or vacate #600 and Defendant's motion for summary judgment #608 to file their joint motion for approval of class notice and joint submission setting forth their respective positions regarding allowing further discovery. Motion hearing set for 5/13/2018 is stricken; parties need not appear. Status hearing set for 5/16/2018 is stricken and reset for 5/30/2018 at 09:00 AM. Mailed notice (ef, )
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Filing 659
NOTICE of Motion by Cameron A Davidson for presentment of extension of time #658 before Honorable Andrea R. Wood on 5/15/2018 at 09:00 AM. (Davidson, Cameron)
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Filing 658
MOTION by Defendant American Bank and Trust Company, N.A. for extension of time Unopposed (Davidson, Cameron)
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Filing 657
MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. By 5/11/2018, the parties shall file a joint motion for approval of class notice. Also by 5/11/2018, the parties shall make a joint submission setting forth their respective positions regarding allowing further discovery. Status hearing set for 5/16/2018 at 9:00 AM. Mailed notice (ao,)
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Filing 656
MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the Memorandum Opinion to follow, Defendant's motion to reconsider or vacate the memorandum opinion and order of Judge Lee and to stay the summary judgment proceedings #600 is granted in part and denied in part. The Court has undertaken an independent assessment of class certification and determined that the decisions granting Plaintiff's motion for class certification and denying Defendants' motion to decertify the collective action should stand. Plaintiffs' Motion for Approval of Class Notice and Appointment of Class Counsel #602 and Plaintiffs Motion to Compel Defendant American Bank to Produce Class Member Contact Information and Compensation Documents and to Set Expert Schedule #604 are denied without prejudice. As Defendants' opposition to those motions appears to have been based, in part, on their hope that the classes would be de-certified, the Court directs the parties to meet and confer regarding the issues of class notice, appointment of class counsel, and production of class member contact information and compensation documents to see if agreements may be reached. If not, Plaintiffs may renew their motions as appropriate. Mailed notice. (aw,)
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Filing 655
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 3/20/2018 is stricken and reset for 4/24/2018 at 09:00 AM. Mailed notice (ef, )
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Filing 654
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 2/22/2018 is stricken and reset for 3/20/2018 at 09:00 AM. Mailed notice (ef, )
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Filing 653
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 1/18/2018 is stricken and reset for 2/22/2018 at 09:00 AM.Mailed notice (ef, )
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Filing 652
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 12/12/2017 is stricken and reset for 1/18/2018 at 09:00 AM. Mailed notice (ef, )
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Filing 651
MINUTE entry before the Honorable Andrea R. Wood: Attorney application to appear pro hac vice #650 is granted. Mailed notice (ef, )
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Filing 650
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13793355. (Batista, Katharine)
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Filing 649
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 11/7/2017 is stricken and reset for 12/12/2017 at 09:00 AM. Mailed notice (ef, )
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Filing 648
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 10/18/2017 is stricken and reset for 11/7/2017 at 09:00 AM. Mailed notice (ef, )
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Filing 647
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 9/27/2017 is stricken and reset for 10/18/2017 at 09:00 AM. Mailed notice (ef, )
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Filing 646
MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the Status hearing set for 9/21/2017 is stricken and reset for 9/27/2017 at 09:00 AM. Mailed notice (ef, )
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Filing 645
MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel to withdraw as attorney #642 is granted. Attorney Daniel K. Touhy is withdrawn as counsel of record for Plaintiffs. The motion presentment date of 8/3/2017 is stricken. Parties need not appear. Mailed notice (ef, )
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Filing 644
NOTICE of Motion by Daniel K. Touhy for presentment of Motion to Withdraw as Attorney #642 before Honorable Andrea R. Wood on 8/3/2017 at 09:00 AM. (Touhy, Daniel) (Docket Text modified by Clerks Office) Modified on 7/31/2017 (ew, ).
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Filing 643
SEALED REPLY by American Bank and Trust Company, N.A. to Rule 56 statement #631 (Davidson, Cameron)
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Filing 642
MOTION by Attorney Daniel K. Touhy to withdraw as attorney for Marc Kramer, Matt Nyman, Kiril Trajcevski. No party information provided (Attachments: #1 Notice of Filing)(Touhy, Daniel)
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Filing 641
MINUTE entry before the Honorable Andrea R. Wood: Defendant's Motion for leave to file under seal #639 is granted. The motion presentment date of 7/25/2017 is stricken. Parties need not appear. Mailed notice (ef, )
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Filing 640
NOTICE of Motion by Cameron A Davidson for presentment of motion for leave to file #639 before Honorable Andrea R. Wood on 7/25/2017 at 09:00 AM. (Davidson, Cameron)
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Filing 639
MOTION by Defendant American Bank and Trust Company, N.A. for leave to file Under Seal (Davidson, Cameron)
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Filing 638
REPLY by Defendant American Bank and Trust Company, N.A. to Rule 56 statement #631 Plaintiffs' Supplemental Statement of Facts (Attachments: #1 Exhibit Exhibits MM-OO)(Davidson, Cameron)
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Filing 637
REPLY by Defendant American Bank and Trust Company, N.A. to motion for summary judgment #608 Defendant American Bank's Reply in Support of its Motion for Summary Judgment (Davidson, Cameron)
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Filing 636
MINUTE entry before the Honorable Andrea R. Wood: Defendant's Motion for extension of time to file response/reply #634 is granted. Defendants' combined reply in support of their cross motion shall be filed by 7/21/2017. The motion presentment date of 7/13/2017 is stricken. Parties need not appear. Status hearing set for 9/12/2017 is stricken and reset for 9/21/2017 at 09:00 AM. Mailed notice (ef, )
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Filing 635
NOTICE of Motion by Cameron A Davidson for presentment of motion for extension of time to file response/reply #634 before Honorable Andrea R. Wood on 7/13/2017 at 09:00 AM. (Davidson, Cameron)
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Filing 634
MOTION by Defendant American Bank and Trust Company, N.A. for extension of time to file response/reply in Support of Motion for Summary Judgment (Davidson, Cameron)
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Filing 633
MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Pursuant to the discussion held in open court, Plaintiffs' agreed motion to voluntarily dismiss claims against individual defendants #628 is granted subject to the parties' satisfaction of Fed. R. Civ. P. 23(e) requirements. Status hearing set for 9/12/2017 #599 remains firm. Mailed notice (ef, )
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Filing 632
APPENDIX (Attachments: #1 Exhibit 41-59, #2 Exhibit 60-65)(Rancier, April)
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Filing 631
RULE 56 (a) Statement in Opposition to Defendants' Rule 56.1 Statement and in Further Support of Plaintiffs' Motion for Summary Judgment (Rancier, April)
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Filing 630
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in Opposition to motion for summary judgment #583 , motion for summary judgment #608 Plaintiffs' Consolidated Brief in Opposition to Defendants' Motion and in Further Support of Plaintiffs' Motion for Summary Judgment (Rancier, April)
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Filing 629
NOTICE of Motion by Steven Michael Hartmann for presentment of motion for miscellaneous relief #628 before Honorable Andrea R. Wood on 6/21/2017 at 09:00 AM. (Hartmann, Steven)
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Filing 628
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski Plaintiffs' Agreed Motion to Voluntarily Dismiss Claims Against Individual Defendants (Attachments: #1 Exhibit A)(Hartmann, Steven)
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Filing 627
MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs' Motion to file enlarged combined brief #625 is granted. The motion presentment date of 6/15/2017 is stricken. Parties need not appear. Mailed notice (ef, )
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Filing 626
NOTICE of Motion by Steven Michael Hartmann for presentment of motion for miscellaneous relief #625 before Honorable Andrea R. Wood on 6/15/2017 at 09:00 AM. (Hartmann, Steven)
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Filing 625
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to File Enlarged Combined Brief (Hartmann, Steven)
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Filing 624
Joint Reassignment Report by Marc Kramer, Matt Nyman, Kiril Trajcevski (Hartmann, Steven)
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Filing 623
REPLY by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to response in opposition to motion, #606 to Reconsider or Vacate the Memorandum Opinion and Order of Judge John Z. Lee (Davidson, Cameron)
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Filing 622
SEALED DOCUMENT by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler Exhibit K in Response to Plaintiff's Rule 56.1 Statement (Davidson, Cameron)
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Filing 621
MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Defendants' reply to motion to vacate #600 shall be filed by 6/6/2017. For the reasons stated on the record, Plaintiffs' motion for approval of class #602 and motion to compel #604 are entered and continued to the next status hearing. Defendants' motion for leave to file exhibit under seal #619 is granted. The parties' joint reassignment status report shall be filed by 6/7/2017. Status hearing set for 9/12/2017 #599 remains firm. Mailed notice (ef, )
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Filing 620
NOTICE of Motion by Cameron A Davidson for presentment of motion for leave to file #619 before Honorable Andrea R. Wood on 5/23/2017 at 09:00 AM. (Davidson, Cameron)
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Filing 619
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for leave to file Exhibit Under Seal (Davidson, Cameron)
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Filing 618
APPENDIX Response #616 Exhibits A-LL to Defendants' Response to Plaintiffs' Statement of Facts in Support of Their Motion for Summary Judgment (Attachments: #1 Exhibit Res. Exhibits A-G, #2 Exhibit Res. Exhibits H-L, #3 Exhibit Res. Exhibits L-R, #4 Exhibit Resp. Exhibits S-Z, #5 Exhibit Resp. Exhibits AA-LL)(Davidson, Cameron)
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Filing 617
NOTICE by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler re Response #616 (Davidson, Cameron)
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Filing 616
RESPONSE by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to statement in support #585 of Plaintiffs' Motion for Summary Judgment (Davidson, Cameron)
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Filing 615
APPENDIX statement #610 Exhibits EE-LL and Ind. Ex. A-V to Defendants' Statement of Facts in Support of Their Motion for Summary Judgment (Attachments: #1 Exhibit EE, #2 Exhibit FF-LL, #3 Exhibit Ind. Ex. A-V)(Davidson, Cameron)
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Filing 614
APPENDIX statement #610 Exhibits A-DD to Defendants' Statement of Facts in Support of Their Motion for Summary Judgment (Attachments: #1 Exhibit A-O, #2 Exhibit P-DD)(Davidson, Cameron)
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Filing 613
NOTICE by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler re memorandum, #612 (Davidson, Cameron)
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Filing 612
MEMORANDUM by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler in Support of Their Motion for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment (Davidson, Cameron)
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Filing 611
NOTICE by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler re statement #610 (Davidson, Cameron)
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Filing 610
Statement of Facts in Support of Defendants' Motion for Summary Judgment STATEMENT by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler (Davidson, Cameron)
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Filing 609
NOTICE by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler re MOTION by Defendants Julie Klaus, American Bank and Trust Company, N.A., Harry S. Coin, Sharon Wheeler, Dale Dollenbacher for summary judgment #608 (Davidson, Cameron)
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Filing 608
MOTION by Defendants Julie Klaus, American Bank and Trust Company, N.A., Harry S. Coin, Sharon Wheeler, Dale Dollenbacher for summary judgment (Davidson, Cameron)
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Filing 607
NOTICE by Marc Kramer, Matt Nyman, Kiril Trajcevski re response in opposition to motion, #606 (Hartmann, Steven)
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Filing 606
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to vacate Reconsider or Vacate Judge John Z. Lee Memorandum Opinion and Order and to Stay Summary Judgment Proceedings #600 (Attachments: #1 Exhibit A)(Hartmann, Steven)
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Filing 605
NOTICE of Motion by Steven Michael Hartmann for presentment of motion to compel, #604 before Honorable Andrea R. Wood on 5/23/2017 at 09:00 AM. (Hartmann, Steven)
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Filing 604
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to compel Defendant American Bank to Produce Class Member Contact Information and Compensation Documents and to Set Expert Schedule (Attachments: #1 Exhibit A)(Hartmann, Steven)
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Filing 603
NOTICE of Motion by Steven Michael Hartmann for presentment of motion for miscellaneous relief #602 before Honorable Andrea R. Wood on 5/23/2017 at 09:00 AM. (Hartmann, Steven)
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Filing 602
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for Approval of Class Notice and Appointment of Class Counsel (Attachments: #1 Exhibit A)(Hartmann, Steven)
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Filing 601
NOTICE of Motion by Cameron A Davidson for presentment of motion to vacate, #600 before Honorable Andrea R. Wood on 5/23/2017 at 09:00 AM. (Davidson, Cameron)
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Filing 600
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to vacate Reconsider or Vacate Judge John Z. Lee Memorandum Opinion and Order and to Stay Summary Judgment Proceedings (Davidson, Cameron)
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Filing 599
MINUTE entry before the Honorable Andrea R. Wood: Notwithstanding the recent reassignment of this case to Judge Wood, the briefing schedule previously set for the parties' cross-motions for summary judgment (see Dkt. No. #593 ) shall remain in place. Status hearing set for 9/12/2017 at 09:00 AM. Mailed notice (ef, )
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Filing 598
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Andrea R. Wood for all further proceedings. Honorable John Z. Lee no longer assigned to the case pursuant to IOP 13(f)(2)(b). Signed by Executive Committee on 5/11/2017. (ph, )
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Filing 597
MINUTE entry before the Honorable John Z. Lee: The notice of withdrawal as co-counsel for Defendants #595 is granted. Melissa Anne Siebert, Joel Griswold and John Conlaeth McIlwee are granted leave to withdraw as counsel. Mailed notice (ca, )
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Filing 596
NOTICE of Motion by Melissa Anne Siebert for presentment of motion to withdraw as attorney, #595 before Honorable John Z. Lee on 5/16/2017 at 09:00 AM. (Siebert, Melissa)
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Filing 595
MOTION by Attorney Melissa A. Siebert, Joel Griswold and John Conlaeth McIlwee to withdraw as attorney for James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler. No party information provided (Siebert, Melissa)
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Filing 594
SEALED DOCUMENT by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski Sealed Exhibits (Rancier, April)
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Filing 593
MINUTE entry before the Honorable John Z. Lee: The Court grants Plaintiffs' motion to file the confidential payroll records and emails exhibits to their summary judgment motion under seal #591 . The Court sets the following streamlined briefing schedule on the parties cross-motions for summary judgment. The Defendant Bank and Individual Defendants' summary judgment filings shall be combined. Defendants' combined brief, limited to 36 pages, in response to Plaintiffs' summary judgment motion and in support of Defendants' cross motion, is due on or before May 19, 2017. Defendants combined LR 56.1(a)(3) and LR 56.1(b)(3)(C) Statement is limited to 85 statements of fact. Plaintiffs' reply in support of their motion and response to Defendants' combined cross motion shall be due on or before June 16, 2017. Defendants' combined reply in support of their cross motion shall be due or before July 14, 2017. Because the Court has set this briefing schedule, no appearance on Plaintiffs' summary judgment motion #583 is necessary.Mailed notice (ca, )
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Filing 592
NOTICE of Motion by April Michelle Rancier for presentment of motion to seal document, motion for relief #591 before Honorable John Z. Lee on 4/26/2017 at 09:00 AM. (Rancier, April)
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Filing 591
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to seal document appendix, #589 (Rancier, April)
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Filing 590
Letter by Marc Kramer, Matt Nyman, Kiril Trajcevski (Attachments: #1 Dep. Tr. of Dollenbacher Vol. 1, #2 Dep. Tr. of Dollenbacher Vol. 2, #3 Dep. Tr. of Boyles Part 1, #4 Dep. Tr. of Boyles Part 2, #5 Dep. Tr. of Kaye Part 1, #6 Dep. Tr. of Kaye Part 2, #7 Dep. Tr. of Stewart, #8 Dep. Tr. of Allen)(Rancier, April)
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Filing 589
APPENDIX statement in support #585 Exhibits to Plaintiffs' Rule 56.1 Statement of Undisputed Facts (Attachments: #1 Exhibit 1-10, #2 Exhibit 11-20, #3 Exhibit 21-30, #4 Exhibit 31-35, #5 Exhibit 36-40, #6 Exhibit 41)(Rancier, April)
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Filing 588
NOTICE by Marc Kramer, Matt Nyman, Kiril Trajcevski re memorandum in support of motion #587 (Hartmann, Steven)
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Filing 587
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in support of motion for summary judgment #583 (Hartmann, Steven)
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Filing 586
NOTICE by Marc Kramer, Matt Nyman, Kiril Trajcevski re statement in support #585 (Hartmann, Steven)
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Filing 585
STATEMENT by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevskiin Support of MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski, Marc Kramer for summary judgment #583 Of Undisputed Material Facts (Hartmann, Steven)
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Filing 584
NOTICE by Marc Kramer, Matt Nyman, Kiril Trajcevski re MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski, Marc Kramer for summary judgment #583 (Hartmann, Steven)
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Filing 583
MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski, Marc Kramer for summary judgment (Hartmann, Steven)
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Filing 582
MINUTE entry before the Honorable John Z. Lee: In light of the issues addressed in the Court's Memorandum Opinion and Order granting Plaintiffs' motion to certify classes under Fed. R. Civ. P. 23(b)(3) and denying Defendants' motion to decertify the FLSA collective action, the Court strikes the parties' summary judgment motions #459 #497 #506 without prejudice so that the parties have an opportunity to amend the motions for summary judgment in light of the order. Plaintiffs' summary judgment motions as to Defendants are due April 21, 2017; Defendants' responses to Plaintiffs' motions and Defendants' cross-motions are due May 12, 2017; Plaintiffs' replies in support of their summary judgment motions and response to Defendants' cross-motions are due June 2, 2017; Defendants' replies in support of their cross-motions are due June 23, 2017. Mailed notice (ca, )
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Filing 581
MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 3/31/17. Mailed notice(ca, ).
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Filing 580
MINUTE entry before the Honorable John Z. Lee: For the reasons provided in the memorandum opinion and order, the Court grants Plaintiffs' motion for class certification pursuant to Federal Rule of Civil Procedure 23(b)(3) regarding the state law claims #435 and denies Defendants' motion to decertify the conditionally certified FLSA collective action #445 . [For further details see memorandum opinion and order].Mailed notice (ca, )
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Filing 579
NOTICE by Cameron A Davidson of Change of Address (Davidson, Cameron)
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Filing 578
MINUTE entry before the Honorable John Z. Lee: The hearing date scheduled for 2/14/17 is stricken. No appearance is required.Mailed notice (ca, )
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Filing 577
ORDER : On March 30, 2016, this Court adopted in full Magistrate Judge Jeffrey Cole's Report and Recommendation (R&R) awarding Defendants attorneys' fees and costs as a sanction for Plaintiffs noncompliance with discovery requests. Magistrate Judge Susan Cox subsequently issued an R&R awarding Defendants $120,443.19 in attorneys' fees and $3,960.58 in costs. Plaintiffs object to the deadline for payment. Plaintiffs wish to defer payment of the sanction until the resolution of the case. Defendants oppose any deferral. For the reasons provided below, the Court adopts the R&R in full #528 , thereby granting Defendants motion for order #574 , granting Defendants petition for fees and costs #480 , and rejecting Plaintiffs' objections to the R&R #530 . Defendants are awarded $120,443.19 in attorneys' fees and $3,960.58 in costs to be payable within sixty days from the issuance of this order. Signed by the Honorable John Z. Lee on 2/13/17. [For further details see order].Mailed notice(ca, )
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Filing 576
MINUTE entry before the Honorable John Z. Lee:Defendants' motion requesting entry of order on Court ordered attorneys' fees and costs award #574 is entered and continued for 2/14/17 at 9:00 a.m. No appearance is required on 2/1/17.Mailed notice (ca, )
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Filing 575
NOTICE of Motion by Cameron A Davidson for presentment of motion for order #574 before Honorable John Z. Lee on 2/1/2017 at 09:00 AM. (Davidson, Cameron)
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Filing 574
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for order on Court Ordered Attorneys' Fees and Costs Award (Davidson, Cameron)
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Filing 573
MINUTE entry before the Honorable Susan E. Cox: All matters relating to the referral of this action are resolved; case returned to the assigned judge. Referral terminated. Mailed notice (np, )
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Filing 572
ATTORNEY Appearance for Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski by Steven Michael Hartmann (Hartmann, Steven)
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Filing 571
MINUTE entry before the Honorable John Z. Lee:Plaintiff's motion for leave to substitute counsel #569 is granted. Terrence Buehler is granted leave to withdraw as counsel. Substitute counsel Steven Hartmann and Timothy McCaffrey should file their appearances. No appearance is required on the motion.Mailed notice (ca, )
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Filing 570
NOTICE of Motion by Terrence Buehler for presentment of motion to substitute attorney #569 before Honorable John Z. Lee on 12/14/2016 at 09:00 AM. (Buehler, Terrence)
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Filing 569
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to substitute attorney (Buehler, Terrence)
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Filing 568
SEALED RESPONSE by Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to Rule 56 statement #551 of Supplemental Facts (Davidson, Cameron)
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Filing 567
SEALED RESPONSE by American Bank and Trust Company, N.A. to Rule 56 statement #542 of Supplemental Facts (Davidson, Cameron)
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Filing 566
MINUTE entry before the Honorable John Z. Lee:Defendants' motion for leave to file under seal #562 is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 565
MINUTE entry before the Honorable John Z. Lee: The motion hearing set for 11/1/16 is reset to 11/2/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 564
JOINT POSITION STATEMENT by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler (Davidson, Cameron)
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Filing 563
NOTICE of Motion by Cameron A Davidson for presentment of motion for leave to file #562 before Honorable John Z. Lee on 11/1/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 562
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for leave to file Documents Under Seal (Davidson, Cameron)
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Filing 561
RESPONSE by Defendants Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to Rule 56 statement #551 of Supplemental Facts (Attachments: #1 Exhibit W-Z)(Davidson, Cameron)
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Filing 560
REPLY by Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to response in opposition to motion #543 for Summary Judgment (Davidson, Cameron)
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Filing 559
RESPONSE by Defendant American Bank and Trust Company, N.A. to Rule 56 statement #542 of Supplemental Facts (Attachments: #1 Exhibit MM-TT)(Davidson, Cameron)
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Filing 558
REPLY by American Bank and Trust Company, N.A. to response in opposition to motion, #541 for Summary Judgment (Davidson, Cameron)
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Filing 557
MINUTE entry before the Honorable John Z. Lee:The Court orders the parties to file a joint position statement by October 29, 2016, stating the following: (1) the number and names of individuals who have opted into the conditionally certified FLSA collective action, and (2) an estimate as to the number of absent putative class members in Illinois that are part of Plaintiffs' proposed Rule 23(b)(3) class. Mailed notice (ca, )
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Filing 556
SEALED RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevski to Rule 56 statement #551 (Attachments: #1 Exhibit 6 - Sealed)(Pallozzi, Angela)
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Filing 555
SEALED RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevski to response in opposition to motion #543 (Pallozzi, Angela)
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Filing 554
SEALED RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevski to Rule 56 statement #542 (Pallozzi, Angela)
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Filing 553
SEALED RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevski to response in opposition to motion, #541 (Pallozzi, Angela)
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Filing 552
MINUTE entry before the Honorable John Z. Lee:Plaintiff's motion for extension of time to file plaintiffs' opposition to individual defendants' Rule 56.1 statement with exhibits #545 is granted. Plaintiff's motion for leave to file under seal certain documents filed in support of Plaintiffs' opposition to individual defendants' motion for summary judgment #547 #549 are granted. Plaintiffs are given leave to file an unredacted reply brief and an unredacted LR 56.1 statement under seal and shall file redacted public versions as well. No appearance is necessary on the motions.Mailed notice (ca, )
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Filing 551
RULE 56 (c) Statement Amended Opposition to Rule 56.1 Statement (Attachments: #1 Exhibit 1-5)(Pallozzi, Angela)
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Filing 550
NOTICE of Motion by April Michelle Rancier for presentment of motion to seal #549 before Honorable John Z. Lee on 10/6/2016 at 09:00 AM. (Rancier, April)
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Filing 549
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to seal certain portions of Plaintiffs' Opposition to Individual Defendants' Motion for Summary Judgment (Rancier, April)
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Filing 548
NOTICE of Motion by April Michelle Rancier for presentment of motion to seal #547 before Honorable John Z. Lee on 10/6/2016 at 09:00 AM. (Rancier, April)
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Filing 547
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to seal certain portions of Plaintiffs' Consolidated Brief in Reply/Opposition to Defendant AB&T's Motion for Summary Judgment (Rancier, April)
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Filing 546
NOTICE of Motion by Angela Davis Pallozzi for presentment of extension of time #545 before Honorable John Z. Lee on 10/6/2016 at 09:00 AM. (Pallozzi, Angela)
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Filing 545
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time (Pallozzi, Angela)
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Filing 544
RULE 56 (c) Statement Opposition to Defendants 56.1 (Pallozzi, Angela)
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Filing 543
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendants Julie Klaus, Harry S. Coin, Sharon Wheeler, Dale Dollenbacher for summary judgment #506 (Pallozzi, Angela)
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Filing 542
RULE 56 56.1(c) Statement in Opposition to Defendants 56.1 (Attachments: #1 Exhibit List, #2 Exhibit 41-59, #3 Exhibit 60-65)(Pallozzi, Angela)
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Filing 541
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendants Julie Klaus, Harry S. Coin, American Bank and Trust Company, N.A., Dale Dollenbacher, Sharon Wheeler for summary judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment #497 Consolidated Reply/Opposition MSJ (Pallozzi, Angela)
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Filing 540
MINUTE entry before the Honorable John Z. Lee:Plaintiffs have filed a motion for class certification under Fed. R. Civ. P. 23, and Defendant has filed a motion to decertify the FLSA collective action. Due to the issues raised in the motions, the Court will rule on the motion for class certification in conjunction with the motion to decertify. Mailed notice (ca, )
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Filing 539
MINUTE entry before the Honorable John Z. Lee:Plaintiffs' consent motion for extension of time for summary judgment briefing #537 is granted. Plaintiff's brief is due by 9/30/16; Defendant's reply is due by 10/28/16; no further extensions will be granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 538
Plaintiffs' Consent NOTICE of Motion by April Michelle Rancier for presentment of motion for extension of time to file response/reply #537 before Honorable John Z. Lee on 9/15/2016 at 09:00 AM. (Rancier, April)
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Filing 537
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to file response/reply (Consent Motion) (Rancier, April)
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Filing 536
RESPONSE by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to other #530 Plaintiffs' Opposition to the Report and Recommendation Dated July 25, 2016 (Davidson, Cameron)
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Filing 535
MINUTE entry before the Honorable John Z. Lee:Plaintiff's unopposed motion for extension of time #531 is granted. Plaintiff's brief is due by 9/16/16; Defendant's reply is due by 10/14/16.Defendant's unopposed motion for extension of time #533 is granted. Defendant's response to Plaintiff's objection is due by 8/26/16. No appearance is required on the motions.Mailed notice (ca, )
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Filing 534
NOTICE of Motion by Cameron A Davidson for presentment of extension of time #533 before Honorable John Z. Lee on 8/25/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 533
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for extension of time Unopposed (Davidson, Cameron)
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Filing 532
Plaintiffs' Unopposed NOTICE of Motion by April Michelle Rancier for presentment of motion for extension of time to file response/reply #531 before Honorable John Z. Lee on 8/24/2016 at 09:00 AM. (Rancier, April)
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Filing 531
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to file response/reply (Rancier, April)
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Filing 530
Objections to Magistrate Judge Cox's Report and Recommendation by Marc Kramer, Matt Nyman, Kiril Trajcevski (Rancier, April)
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Filing 529
MINUTE entry before the Honorable John Z. Lee:Motion for extension of time for summary judgment briefing schedule #526 is granted. Plaintiffs reply in support of Plaintiffs motion for summary judgment and opposition to the individual defendants motion for summary judgment shall be due by 8/26/16; Defendants reply briefs are due by 9/23/16. No appearance is required on the motion.Mailed notice (ca, )
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Filing 528
REPORT AND RECOMMENDATIONS: Presently before the Court is Defendants' Petition for Award of Court Ordered Attorneys' Fees and Costs [Dkt. #480 ]. For the reasons discussed more fully below, the Court recommends that Defendants' petition be granted and that an award of $120,443.19 in attorneys' fees and $3,960.58 in costs be entered. Within 14 days after being served with a copy of the recommended disposition, a party may serve and file specific written objections to the proposed findings and recommendations. A party may respond to another party's objections within 14 days after being served with a copy. Unless the district judge orders otherwise, the objecting party must promptly arrange for transcribing the record, or whatever portions of it the parties agree to or the magistrate judge considers sufficient. [For further details see order] - Signed by the Honorable Susan E. Cox on 7/25/2016. Mailed notice (np, )
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Filing 527
NOTICE of Motion by Angela Davis Pallozzi for presentment of motion for extension of time to file response/reply, motion for relief #526 before Honorable John Z. Lee on 8/2/2016 at 09:00 AM. (Pallozzi, Angela)
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Filing 526
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to file response/reply as to motion for summary judgment #506 (Pallozzi, Angela)
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Filing 525
SEALED REPLY by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to response in opposition to motion, #514 In Support of Court Ordered Attorneys' Fees and Costs (Attachments: #1 Exhibit A-D)(Davidson, Cameron)
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Filing 524
MINUTE entry before the Honorable Susan E. Cox: Defendant's motion for leave to file under seal documents in support of their fee petition #520 is granted. No appearance required on 7/12/2016 at 9:30 a.m. Mailed notice (np, )
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Filing 523
MINUTE entry before the Honorable John Z. Lee: The status hearing set for 7/12/16 is stricken, the Court will rule by mail on the pending motion for summary judgment.Mailed notice (ca, )
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Filing 522
REPLY by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to response in opposition to motion, #514 for Court Ordered Attorneys' Fees and Costs (Davidson, Cameron)
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Filing 521
NOTICE of Motion by Cameron A Davidson for presentment of motion for leave to file #520 before Honorable Susan E. Cox on 7/12/2016 at 09:30 AM. (Davidson, Cameron)
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Filing 520
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for leave to file Under Seal (Davidson, Cameron)
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Filing 519
SEALED RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevski to MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus for attorney fees Petition for Award of Court Ordered Attorneys' Fees and Costs #480 (Attachments: #1 Exhibit A)(Pallozzi, Angela)
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Filing 518
MINUTE entry before the Honorable Susan E. Cox: Plaintiff's motion for leave to file un-redacted opposition and exhibit to Defendants' fee petition under seal #512 is granted. No appearance required on 6/22/2016 at 9:30 a.m. Mailed notice (np, )
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Filing 517
NOTICE by Wright David Jeffrey of Change of Address (Firm Name Change Only) (Jeffrey, Wright)
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Filing 516
NOTICE by Cameron A Davidson of Change of Address (Firm Name Change Only) (Davidson, Cameron)
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Filing 515
SEALED DOCUMENT by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler (Siebert, Melissa)
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Filing 514
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus for attorney fees Petition for Award of Court Ordered Attorneys' Fees and Costs #480 Redacted (Attachments: #1 Exhibit A - Motion to Seal Pending, #2 Exhibit B)(Pallozzi, Angela)
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Filing 513
NOTICE of Motion by Angela Davis Pallozzi for presentment of motion to seal document #512 before Honorable Susan E. Cox on 6/22/2016 at 09:30 AM. (Pallozzi, Angela)
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Filing 512
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to seal document (Pallozzi, Angela)
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Filing 511
MINUTE entry before the Honorable Susan E. Cox: Plaintiffs' Motion for Extension of Time to File Plaintiffs' Opposition and Defendants' Reply #509 is GRANTED nunc pro tunc. Plaintiff's brief is due 6/17/16. Defendants' brief is due 7/1/16. No further extensions will be granted. No appearance required on 6/21/2016 at 9:30 a.m. Mailed notice (np, )
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Filing 510
Notice of Plaintiffs' Agreed Motion NOTICE of Motion by April Michelle Rancier for presentment of motion for extension of time to file #509 before Honorable Susan E. Cox on 6/21/2016 at 09:30 AM. (Rancier, April)
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Filing 509
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to file Plaintiffs' Opposition and Defendants' Reply (agreed motion) (Rancier, April)
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Filing 508
MINUTE entry before the Honorable John Z. Lee:Individual Defendants' motion for extension of time to file motion for summary judgment #500 is granted. Defendant's motion for leave to file under seal documents in support of their response to plaintiff's Rule 56.1 Statement #504 is granted. No appearance is required on the motions. Mailed notice (ca, )
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Filing 507
RULE 56 Statement by Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler regarding motion for summary judgment #506 (Attachments: #1 Exhibit A-V)(Davidson, Cameron)
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Filing 506
MOTION by Defendants Julie Klaus, Harry S. Coin, Sharon Wheeler, Dale Dollenbacher for summary judgment (Davidson, Cameron)
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Filing 505
NOTICE of Motion by Cameron A Davidson for presentment of motion to seal document #504 before Honorable John Z. Lee on 6/16/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 504
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to seal document Exhibit K in Support of Response to Plaintiffs' Rule 56.1 Statement (Davidson, Cameron)
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Filing 503
AMENDED statement #498 Amended Exhibits - Exhibit Y (Davidson, Cameron)
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Filing 502
NOTICE of Motion by Cameron A Davidson for presentment of motion for extension of time to file #500 before Honorable John Z. Lee on 6/16/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 501
APPENDIX Response, #499 Index of Exhibits to Defendants' Response to Plaintiffs' Rule 56 Statement (Davidson, Cameron)
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Filing 500
MOTION by Defendants Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for extension of time to file Motion for Summary Judgment (Davidson, Cameron)
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Filing 499
RESPONSE by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to Rule 56 statement, #460 (Attachments: #1 Exhibit A-G, #2 Exhibit H-K, #3 Exhibit L-R, #4 Exhibit S-Z, #5 Exhibit AA-LL)(Davidson, Cameron)
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Filing 498
Local Rule 56.1 Statement of Material Facts STATEMENT by American Bank and Trust Company, N.A. (Attachments: #1 Exhibit A-O, #2 Exhibit P-DD, #3 Exhibit EE, #4 Exhibit FF-LL)(Davidson, Cameron)
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Filing 497
MOTION by Defendants Julie Klaus, Harry S. Coin, American Bank and Trust Company, N.A., Dale Dollenbacher, Sharon Wheeler for summary judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment (Davidson, Cameron)
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Filing 496
MINUTE entry before the Honorable Susan E. Cox: Plaintiffs' uncontested motion for extension of time #492 is granted. The following amended briefing schedule is set for Defendant's petition #480 : Plaintiff's brief in opposition is due by 6/15/2016. Defendant's reply brief in support is due by 6/29/2016. No appearance necessary on 5/31/2016 at 9:30 a.m. Mailed notice (np, )
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Filing 495
SEALED DOCUMENT by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler (Attachments: #1 Appendix 1, #2 Appendix 2)(Siebert, Melissa)
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Filing 494
SEALED DOCUMENT by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler (Attachments: #1 Appendix 1, #2 Appendix 2)(Siebert, Melissa)
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Filing 493
Plaintiffs' Uncontested NOTICE of Motion by April Michelle Rancier for presentment of motion for extension of time to file response/reply, motion for relief #492 before Honorable Susan E. Cox on 5/31/2016 at 09:30 AM. (Rancier, April)
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Filing 492
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to file response/reply as to motion for attorney fees, #480 (Rancier, April)
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Filing 491
MINUTE entry before the Honorable Susan E. Cox: Defendants' Motion for Leave to File Under Seal Documents in Support of Their Fee Petition #482 is granted. The following briefing schedule is set for Defendants' Petition for Award of Court Ordered Attorneys' Fees and Costs #480 : Plaintiff's brief in opposition is due 6/1/16. The Court cautions the Plaintiff to confine its argument to the appropriateness of the amount of the petition for fees and costs, and not to re-argue the merits of any motions or matters already decided. Defendants' reply brief in support is due 6/15/16. No appearance required on 5/25/2016 at 9:30 a.m. Mailed notice (np, )
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Filing 490
MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 5/18/16. Defendants' corrected unopposed motion for leave to file summary judgment motions and for extension of time to respond to plaintiffs' motion for summary judgment #486 is granted. Defendant American Bank and Trust's cross-motion for summary judgment and consolidated brief in opposition to Plaintiffs motion for summary judgment and in support of its cross-motion for summary judgment are due by 6/10/16; the brief is limited to 25 pages; Plaintiffs brief in reply in support of his motion for summary judgment and in opposition to Defendant AB&T's cross motion for summary judgment is due by 8/5/16 and is limited to 25 pages; AB&Ts in support of its motion for summary judgment is due by 9/2/16. The individual Defendant's consolidated motion for summary judgment is due by 6/10/16; Plaintiff's response is due by 8/5/16; Defendant's reply is due by 9/2/16. Defendants' motion for extension of time #484 is moot.Mailed notice (ca, )
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Filing 489
MINUTE entry before the Honorable Susan E. Cox: This matter has been referred to Magistrate Judge Cox to conduct necessary proceedings and issue a report and recommendation regarding motions #480 and #482 . Motion Hearing set for 5/25/2016 at 09:30 AM. The parties are to review and comply with this Court's standing order on motion practice which is available through the Court's webpage, www.ilnd.uscourts.gov. Mailed notice (np, )
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Filing 488
EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Susan E. Cox. Signed by Executive Committee on 05/13/2016.(sr, )
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Filing 487
MINUTE entry before the Honorable John Z. Lee: Defendants' petition for award of court ordered attorneys' fees and costs #480 and Defendants' motion for leave to file under seal documents in support of their fee petition #482 are referred to a Magistrate Judge, a Executive Order will follow. Mailed notice (ca, )
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Filing 486
MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to amend/correct MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for extension of time Unopposed Motion for Leave to File Summary Judgment Motions and for Extension of Time to Resp #484 (Davidson, Cameron)
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Filing 485
NOTICE of Motion by Cameron A Davidson for presentment of extension of time, #484 before Honorable John Z. Lee on 5/18/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 484
MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for extension of time Unopposed Motion for Leave to File Summary Judgment Motions and for Extension of Time to Respond to Plaintiffs' Motion for Summary Judgment (Davidson, Cameron)
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Filing 483
NOTICE of Motion by Cameron A Davidson for presentment of motion to seal #482 before Honorable John Z. Lee on 5/18/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 482
MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to seal documents in support of their fee petition (Davidson, Cameron)
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Filing 481
NOTICE of Motion by Cameron A Davidson for presentment of motion for attorney fees, #480 before Honorable John Z. Lee on 5/18/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 480
MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Sharon Wheeler, Julie Klaus for attorney fees Petition for Award of Court Ordered Attorneys' Fees and Costs (Attachments: #1 Appendix Appendix to Defendants' Petition for Award of Court Ordered Attorneys' Fees and Costs)(Davidson, Cameron) Docket text modified by Clerk's Office on 5/12/2016 (mmy, )
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Filing 479
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 5/12/16 is reset to 7/12/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 478
MINUTE entry before the Honorable John Z. Lee:Minute order #477 is amended: Plaintiff's reply is extended until 6/13/16. Mailed notice (ca, )
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Filing 477
MINUTE entry before the Honorable John Z. Lee: Defendants' motion to strike is stricken as moot #471 because the Court, as a matter of course, in ruling on a summary judgment motion determines whether a statement of fact complies with the local rule, without prompting from any party. Defendants' shall therefore respond to Plaintiffs' statement of facts on the merits. Defendants' motion for extension of time #473 is granted in part and denied in part, with a final extension to and including May 20, 2016. No appearance on the motion is necessary. Mailed notice (ca, )
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Filing 476
Corrected NOTICE of Motion by Cameron A Davidson for presentment of extension of time #473 before Honorable John Z. Lee on 4/27/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 475
Corrected NOTICE of Motion by Cameron A Davidson for presentment of motion to strike #471 before Honorable John Z. Lee on 4/27/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 474
NOTICE of Motion by Cameron A Davidson for presentment of (Davidson, Cameron)
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Filing 473
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for extension of time (Davidson, Cameron)
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Filing 472
NOTICE of Motion by Cameron A Davidson for presentment of (Davidson, Cameron)
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Filing 471
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to strike (Attachments: #1 Exhibits A-M)(Davidson, Cameron)
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Filing 470
Exhibit by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler Exhibits WW-KKK in Support of Motion to Decertify Collective Action (Davidson, Cameron)
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Filing 469
REPLY by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to Response, #456 , MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausto Decertify Collective Action #445 (Attachments: #1 Exhibit TT-VV)(Davidson, Cameron)
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Filing 468
SEALED DOCUMENT by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski Sealed Exhibits for Plaintiffs' Rule 56.1(a)(3) Statement regarding Summary Judgment (Pallozzi, Angela)
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Filing 467
SEALED DOCUMENT by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski Sealed Exhibits for Plaintiffs' Reply to Opposition to Motion to Certify under Rule 23 (Pallozzi, Angela)
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Filing 466
SEALED DOCUMENT by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski Sealed Exhibits for Plaintiffs' Opposition to Motion to Decertify (Pallozzi, Angela)
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Filing 465
ORDER: After Plaintiffs were ordered to produce certain discovery materials and to supplement their disclosures relating to damages, it took them up to four months to do so. Defendants moved for sanctions, and the Court referred the motion to Magistrate Judge Jeffrey Cole. He recommended granting the motion to the extent that Defendants sought attorneys fees and costs. Before the Court is Plaintiffs' objection to that recommendation. For the reasons provided herein, the Court rejects Plaintiffs' objection and adopts the recommendation in full. Plaintiffs are ordered to pay the attorneys' fees and costs incurred by Defendants in their efforts to obtain the discovery in question. Signed by the Honorable John Z. Lee on 3/30/16. [For further details see order.]Mailed notice(ca, )
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Filing 464
MINUTE entry before the Honorable John Z. Lee: Plaintiff's motion for leave to file certain exhibits under seal #454 #457 #462 are granted. Defendant's response to plaintiff's motion for summary judgment #459 is due by 4/28/16; reply due by 5/12/16; ruling will be by mail. No appearance is required on the motion.Mailed notice (ca, )
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Filing 463
NOTICE of Motion by Angela Davis Pallozzi for presentment of motion to seal document, motion for relief #462 before Honorable John Z. Lee on 4/5/2016 at 09:00 AM. (Pallozzi, Angela)
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Filing 462
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to seal document Rule 56 statement, #460 Motion for Leave to File Select Exhibits Under Seal (Pallozzi, Angela)
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Filing 461
NOTICE of Motion by Angela Davis Pallozzi for presentment of motion for summary judgment #459 before Honorable John Z. Lee on 4/5/2016 at 09:00 AM. (Pallozzi, Angela)
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Filing 460
RULE 56 56.1(a)(3) Statement by Marc Kramer, Matt Nyman, Kiril Trajcevski regarding motion for summary judgment #459 (Attachments: #1 Exhibit List, #2 Exhibit 1-10, #3 Exhibit 11-20, #4 Exhibit 21-30, #5 Exhibit 31-35, #6 Exhibit 36-40)(Pallozzi, Angela)
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Filing 459
MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski, Marc Kramer for summary judgment (Pallozzi, Angela)
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Filing 458
NOTICE of Motion by Angela Davis Pallozzi for presentment of motion to seal document, motion for relief #457 before Honorable John Z. Lee on 4/5/2016 at 09:00 AM. (Pallozzi, Angela)
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Filing 457
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to seal document Response, #456 Mo (Pallozzi, Angela)
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Filing 456
MEMORANDUM by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski of law in opposition to Defendants' Motion to decertify collective action #445 . (Attachments: #1 Exhibit List, #2 Exhibit 1-10, #3 Exhibit 11-20, #4 Exhibit 21-30, #5 Exhibit 31-34, #6 Exhibit 35-40, #7 Exhibit 41-46) (Pallozzi, Angela) Docket Text Modified by Clerk's Office on 3/21/2016 (jh, ).
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Filing 455
NOTICE of Motion by Angela Davis Pallozzi for presentment of motion to seal document, motion for relief #454 before Honorable John Z. Lee on 4/5/2016 at 09:00 AM. (Pallozzi, Angela)
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Filing 454
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to seal document reply to response to motion #453 Motion for Leave to File Select Exhibits Under Seal (Pallozzi, Angela)
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Filing 453
REPLY by Marc Kramer, Matt Nyman, Kiril Trajcevski to response in opposition to motion, #441 (Attachments: #1 Exhibit Exhibit List, #2 Exhibit Exhibits 1-20)(Pallozzi, Angela)
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Filing 452
MINUTE entry before the Honorable John Z. Lee: In light of the pending motions, the status hearing set for 2/25/16 is reset to 5/12/16 at 9:00 a.m.Mailed notice (ca, )
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Filing 451
MINUTE entry before the Honorable John Z. Lee:Plaintiffs' agreed motion for extension of time and leave to file brief in excess of 15 pages #449 is granted. Plaintiffs Opposition to Defendants Motion to Decertify Plaintiffs FLSA Class and Plaintiffs Reply Brief in Support of Plaintiffs Motion for Class is due by March 18, 2016; Defendants Reply Brief in Support of Defendants Motion to Decertify Plaintiffs FLSA Class is due by April 8, 2016. The request for the excess pages is granted. No appearance is required on the motion.Mailed notice (ca, )
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Filing 450
NOTICE of Motion by April Michelle Rancier for presentment of extension of time #449 before Honorable John Z. Lee on 2/17/2016 at 09:00 AM. (Rancier, April)
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Filing 449
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time and Leave to File Brief in Excess of 15 Pages (Rancier, April)
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Filing 448
EXHIBITS by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausto (Davidson, Cameron) (Docket Text Modified by the Clerk's Office on 1/25/2016). (sxn, ).
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Filing 447
EXHIBITS by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus (Davidson, Cameron) (Docket Text Modified by the Clerk's Office on 1/25/2016) (sxn, ). Modified on 1/25/2016 (sxn, ).
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Filing 446
EXHIBITS by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus (Davidson, Cameron) (Docket Text Modified by the Clerk's Office on 1/25/2016) (sxn, ).
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Filing 445
MEMORANDUM in support of motion to decertify collective action by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausto (Attachments: #1 Exhibit Exhibits A-M)(Davidson, Cameron) (Docket Text Modified by the Clerk's Office on 1/25/2016) (sxn, ).
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Filing 444
RESPONSE by James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausin Opposition to MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski to certify class #435 Exhibit AA (Davidson, Cameron)
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Filing 443
RESPONSE by James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausin Opposition to MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski to certify class #435 EXHIBITS Y THROUGH Z (Davidson, Cameron)
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Filing 442
RESPONSE by James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausin Opposition to MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski to certify class #435 EXHIBITS P TO X (Davidson, Cameron)
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Filing 441
RESPONSE by James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausin Opposition to MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski to certify class #435 (Attachments: #1 Exhibit A to O)(Davidson, Cameron)
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Filing 440
MINUTE entry before the Honorable John Z. Lee: The Court grants in part and denies in part Defendants' motion for extension of time and leave to file brief in excess of 15 pages #438 . The motion is granted to the extent that Defendants' response to Plaintiffs' motion for class certification and Defendants' motion for decertification on the FLSA collective action, each limited to 22 pages, are now due on or before 1/22/16; Plaintiff's reply in support of the motion for class certification and response to Defendants' motion for decertification are now due on or before 2/19/16; and Defendants' reply in support of decertification is now due on or before 3/4/16. In all other respects, the motion is denied. No appearance on the motion is necessary.Mailed notice (ca, )
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Filing 439
NOTICE of Motion by Cameron A Davidson for presentment of extension of time #438 before Honorable John Z. Lee on 1/7/2016 at 09:00 AM. (Davidson, Cameron)
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Filing 438
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for extension of time and Leave to File Brief in Excess of 15 Pages (Davidson, Cameron)
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Filing 437
MINUTE entry before the Honorable John Z. Lee: The notice of motion #436 for the motion to certify class is stricken. A briefing schedule was previously entered on the motion, and therefore there is no need to appear on the motion. Mailed notice (air, )
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Filing 436
NOTICE of Motion by April Michelle Rancier for presentment of motion to certify class, #435 before Honorable John Z. Lee on 11/18/2015 at 09:00 AM. (Rancier, April)
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Filing 435
MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski to certify class Responses due by 1/8/2016 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Rancier, April)
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Filing 434
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 11/3/15. Plaintiff's motion for class certification is due by 11/13/15; response due by 1/8/16; reply due by 2/5/16. Defendant's motion for decertification on the FLSA collective action is due by 1/8/16; response due by 2/5/16; reply due by 2/19/16. Status hearing set for 2/25/16 at 9:00 a.m. Mailed notice (ca, )
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Filing 433
MINUTE entry before the Honorable Jeffrey Cole: Upon receiving the parties' respective submissions in advance of the settlement conference scheduled for 10/14/15, it was immediately apparent that the parties' respective views of the case -- and especially their views about the amounts they might be willing to give and take in order to settle the case -- were so dramatically far apart that a serious question was raised as to whether a settlement conference would have any remote prospect of success. And if it did not, it ought not take place. Not only would that needlessly take counsel's time, but it would needlessly occupy the time of the court. And every hour needlessly spent on a case is an hour that is taken away from other litigants who require the court's attention. See Chicago Observer, Inc. v. City of Chicago, 929 F.2d 325, 329 (7th Cir.1991) (Litigation is costly not only for the litigants but also for parties in other cases waiting in the queue for judicial attention.). Accordingly, I held a telephone conference with counsel in which I asked them to confer and see whether there was any flexibility in their respective positions. With commendable candor, counsel called me this morning to report that despite what I am confident were their genuine efforts to bridge what is plainly an insurmountable chasm, they were unable to make any progress and that they had concluded that a settlement conference would be utterly unproductive. Of course, parties cannot and ought not be pressured into settlements that they believe are not warranted. Goss Graphics Sys., Inc. v. Dev Indus., Inc., 267 F.3d 624, 627 (7th Cir. 2001); Tsironis v.Bismarck Hotel, 1996 WL 15830, at *2 (7th Cir. 1996);. Strandell v. Jackson County, Illinois, 838 F.2d 884,887 (7th Cir. 1988). Since discovery is closed, the referral is closed and the case returned to Judge Lee. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, )
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Filing 432
MINUTE entry before the Honorable John Z. Lee:Plaintiff's motion to seal Exhibit K #431 is granted. Counsel is reminded that all motions should be noticed up for presentment. Mailed notice (ca, )
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Filing 431
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to seal document exhibit,, #425 Motion to Seal Exhibit K to Docket Entry 425 (Pallozzi, Angela)
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Filing 430
TRANSCRIPT OF PROCEEDINGS held on August 18, 2015 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/15/2015. Redacted Transcript Deadline set for 10/26/2015. Release of Transcript Restriction set for 12/23/2015. (Hanhardt, Joene)
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Filing 429
TRANSCRIPT OF PROCEEDINGS held on 8/26/2015 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/13/2015. Redacted Transcript Deadline set for 10/22/2015. Release of Transcript Restriction set for 12/21/2015. (Roth, Alexandra)
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Filing 428
RESPONSE by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to report and recommendations #421 , other #424 Response to Plaintiffs' Objections (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17)(Siebert, Melissa)
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Filing 427
MINUTE entry before the Honorable Jeffrey Cole: Settlement Conference is set for 10/14/2015 at 01:00 PM in Courtroom 1003. The parties shall comply with this court's Standing Order for Settlement Conference, which appears on the court's website and which counsel must review. Plaintiff's counsel shall submit copies of both plaintiff's settlement demand letter as well as defendant's response letter to chambers, room 1010 by 10/7/2015. The parties are reminded that compliance with Local Rule 5.2 (d) and (f) is required and the parties' respective submissions must have exhibits separated by protruding tabs as required by Local Rule 5.2. Mailed notice (jms, )
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Filing 426
MINUTE entry before the Honorable Jeffrey Cole: On 8/18/2015, an order was entered directing the parties to call chambers by 8/26/2015 if they believed a settlement conference would be productive. As of 3:44pm today no call has been received. If the parties do not call by 12:00 pm on 9/4/2015, the referral will be closed and the case returned to Judge Lee.Mailed notice (jms, )
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Filing 425
EXHIBIT by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski EXHIBITS TO PLAINTIFFS OBJECTIONS TO THE AUGUST 17, 2015 REPORT AND REOMMENDATION OF MAGISRATE JUDGE COLE regarding other #424 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M)(Pallozzi, Angela)
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Filing 424
Objection to Magistrate Report and Recommendation by Marc Kramer, Matt Nyman, Kiril Trajcevski (Rancier, April)
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Filing 423
MINUTE entry before the Honorable John Z. Lee: Status hearing held on 8/26/15. The parties' motion to stay this case in order to pursue settlement with the assistance of Judge Cole is granted; this case is stayed until 10/30/15 with the exception of (1) the completion of one remaining deposition, and (2) any briefing with respect to Judge Cole's report and recommendation. Plaintiff's motion to certify class #375 is stricken without prejudice. Status hearing set for 11/3/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 422
MINUTE entry before the Honorable Jeffrey Cole: Status hearing held. Discovery is closed. The parties are given to 8/26/2015 to call chambers at 312-435-5601 to set a settlement conference date or advise the court that they do not wish to proceed with a settlement conference. Mailed notice (jms, )
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Filing 421
REPORT AND RECOMMENDATIONS Objections to R&R due by 8/31/2015 Signed by the Honorable Jeffrey Cole on 8/17/2015:Mailed notice(jms, )
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Filing 420
MINUTE entry before the Honorable Jeffrey Cole:It is respectfully recommended that defendants' motion for various sanctions #399 should be granted in part and denied in part. It is recommended that it be denied to the extent it seeks entry of judgment against the plaintiffs and/or an order precluding the admission of evidence pertaining to damages. It is recommended, however, that it be granted to the extent it seeks reasonable attorneys' fees in connection with attempts to secure the information discussed in the current motion. The amount, of course, will have to be determined after a submission of an appropriately supported fee petition by the defendants, following consultation with the plaintiffs demanded by the Local Rules. Enter Report and Recommendation.Mailed notice (jms, )
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Filing 419
REPLY by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to motion for discovery, #399 (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M, #5 Exhibit N, #6 Exhibit O, #7 Exhibit P, #8 Exhibit Q)(Siebert, Melissa)
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Filing 418
TRANSCRIPT OF PROCEEDINGS held on 8/3/15 before the Honorable Jeffrey Cole. Court Reporter Contact Information: k. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/3/2015. Redacted Transcript Deadline set for 9/14/2015. Release of Transcript Restriction set for 11/12/2015. (Fennell, Kathleen)
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Filing 417
MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Defendants' motion to compel #409 is granted includingthe drafts of counsels' spreadsheets and the work leading up to the spreadsheets shall be produced this morning with the understanding that a good deal of the information has been provided. Finally, a review of a representative sampling of the documents for which plaintiff is claiming work product and/or attorney client privilege compels the conclusion that the documents are neither privileged nor protected.Mailed notice (jms, )
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Filing 416
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to compel #409 (Rancier, April)
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Filing 415
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in Opposition to motion for discovery, #399 (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)(Rancier, April)
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Filing 414
MINUTE entry before the Honorable Jeffrey Cole: The minute entry of 7/31/2015 #413 is corrected as follows: Plaintiffs' revised motion for an extension of time to 7/31/2015 to file a response to defendant's motion for sanctions 411 is granted. Reply is to be filed by 8/14/2015.Mailed notice (jms, )
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Filing 413
MINUTE entry before the Honorable Jeffrey Cole:Plaintiffs' revised motion for an extension of time to 7/30/2015 to file a response to defendant's motion for sanctions #411 is granted. Reply is to be filed by 8/14/2015.Mailed notice (jms, )
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Filing 412
MINUTE entry before the Honorable Jeffrey Cole:Plaintiffs' motion for an extension of time to 7/30/2015 to file a response to defendant's motion for sanctions #407 is granted.Mailed notice (jms, )
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Filing 411
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to file response/reply as to motion for discovery, #399 Revised (Agreed) Motion for Docket No. 407 (Rancier, April)
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Filing 410
NOTICE of Motion by Melissa Anne Siebert for presentment of motion to compel, #409 before Honorable Jeffrey Cole on 8/3/2015 at 08:30 AM. (Siebert, Melissa)
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Filing 409
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to compel (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)(Siebert, Melissa)
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Filing 408
NOTICE of Motion by April Michelle Rancier for presentment of motion for extension of time to file response/reply, motion for relief #407 before Honorable Jeffrey Cole on 8/3/2015 at 08:30 AM. (Rancier, April)
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Filing 407
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to file response/reply as to motion for discovery, #399 (Rancier, April)
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Filing 406
MINUTE entry before the Honorable Jeffrey Cole:Defendants' motion for discovery sanctions under RUle 37(b)(2) #399 is taken under advisement. Response is to be filed by 7/28/2015. Reply is to be filed by 8/11/2015.Mailed notice (jms, )
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Filing 405
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related for: A report and recommendation on Defendants' motion for discovery sanctions #399 .(ca, )Mailed notice.
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Filing 404
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 7/2/15. For the reasons stated on the record, Defendant's motion to dismiss opt-in plaintiffs with prejudice #393 is granted. In light of Magistrate Judge Cole's extensive supervision of discovery in this case, Defendants' motion for discovery sanctions #399 is referred to him for a report and recommendation. Status hearing set for 8/26/15 at 9:00 a.m. Mailed notice (ca, )
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Filing 403
MINUTE entry before the Honorable Jeffrey Cole:The agreed motion for extension of time to 8/14/2015 to complete damages discovery and to reset the status hearing #397 is granted. Status hearing date of 7/7/2015 is reset for 8/18/2015 at 08:30 AM.Mailed notice (jms, )
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Filing 402
TRANSCRIPT OF PROCEEDINGS held on May 27, 2015, before the Honorable Jeffrey Cole. Court Reporter Contact Information: Laura LaCien, 312-408-5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/22/2015. Redacted Transcript Deadline set for 8/3/2015. Release of Transcript Restriction set for 9/29/2015. (Lacien, Laura)
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Filing 401
MINUTE entry before the Honorable John Z. Lee: The parties motions will be heard on 7/2/15 at 9:15 a.m. Mailed notice (ca, )
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Filing 400
NOTICE of Motion by Melissa Anne Siebert for presentment of motion for discovery, #399 before Honorable John Z. Lee on 7/2/2015 at 09:00 AM. (Siebert, Melissa)
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Filing 399
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for discovery Sanctions Under Rule 37(b)(2) (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)(Siebert, Melissa)
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Filing 398
NOTICE of Motion by Cameron A Davidson for presentment of motion for extension of time to complete discovery #397 before Honorable John Z. Lee on 7/2/2015 at 08:30 AM. (Davidson, Cameron)
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Filing 397
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for extension of time to complete discovery Agreed Motion to Extend Damages Discovery Deadline (Davidson, Cameron)
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Filing 396
MINUTE entry before the Honorable John Z. Lee: By agreement of the parties, the status and motion hearing #393 set for 6/24/15 is reset to 7/2/15 at 9:15 a.m.Mailed notice (ca, )
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Filing 395
MINUTE entry before the Honorable John Z. Lee:The status and motion hearing #393 set for 6/18/15 is reset to 6/24/15 at 10:00 a.m.Mailed notice (ca, )
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Filing 394
NOTICE of Motion by Melissa Anne Siebert for presentment of motion to dismiss, #393 before Honorable John Z. Lee on 6/18/2015 at 09:00 AM. (Siebert, Melissa)
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Filing 393
MOTION by Defendants Julie Klaus, American Bank and Trust Company, N.A., Harry S. Coin, Sharon Wheeler, Dale Dollenbacher to dismiss Opt-In Plaintiffs With Prejudice (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Siebert, Melissa)
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Filing 392
MINUTE entry before the Honorable Jeffrey Cole: Status hearing held and continued to 7/7/2015 at 08:30 AM. Motion hearing held. Plaintiffs' motion to modify the order of 5/5/2015 to confine production of social media to the time period of her employment #378 is denied. Plaintiffs are directed to immediately turn over the social media under attorney eyes only as directed in open court. Plaintiffs' motion to quash deposition of plaintiffs' counsel or, in the alternative, for a protective order, #390 is denied. Plaintiffs shall name, within 24 hours, the names of all those who participated in the calculations of damages for plaintiffs. Defendants may take 8 depositions of the people that participated in the calculations of damages, and those depositions shall not last more than 3 hours. Damages discovery is extended to 6/29/2015. The parties are urged to call chambers at 312-435-5601 if any issues arise during depositions.Mailed notice (jms, )
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Filing 391
NOTICE of Motion by Angela Davis Pallozzi for presentment of motion to quash #390 before Honorable Jeffrey Cole on 5/27/2015 at 08:30 AM. (Pallozzi, Angela)
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Filing 390
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to quash May 28, 2015 Deposition of Plaintiffs' Counsel (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Pallozzi, Angela)
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Filing 389
NOTICE by All Plaintiffs of Withdrawal (Rancier, April)
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Filing 388
MINUTE entry before the Honorable Jeffrey Cole: Sua sponte, status hearing date and hearing on plaintiff's motion to modify the order of 5/5/2015 are reset to 5/27/2015 at 08:30 AM. Mailed notice (jms, )
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Filing 387
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 5/14/15. Oral motion to stay the briefing on the motion for class certification is granted. For the reasons stated on the record, the motion for class certification #375 is entered and continued. Status hearing set for 6/18/15 at 9:00 a.m. Mailed notice (ca, )
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Filing 386
MINUTE entry before the Honorable Jeffrey Cole: The minute entry of 5/13/2015 #385 is corrected as follows: Due to a medical emergency involving a close relative of counsel for plaintiff, she has has telephonically asked that the status hearing date of 5/12/2015 and hearing on plaintiff's motion to modify the order of 5/5/2015 be reset to 5/21/2015 at 8:00 am. That motion is granted.Mailed notice (jms, )
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Filing 385
MINUTE entry before the Honorable Jeffrey Cole: Due to a medical emergency involving a close relative of counsel for plaintiff, she has has telephonically asked that the status hearing date of 5/12/2015 and hearing on plaintiff's motion to modify the order of 5/5/2015 be reset to 5/20/2015 at 8:00 am. That motion is granted. Mailed notice (jms, )
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Filing 384
NOTICE of Correction regarding #382 . (sxw)
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Filing 383
TRANSCRIPT OF PROCEEDINGS held on April 2, 2015 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Kelly M. Fitzgerald, 312-818-6626, kelly_fitzgerald@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 6/1/2015. Redacted Transcript Deadline set for 6/11/2015. Release of Transcript Restriction set for 8/10/2015. (Fitzgerald, Kelly)
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Filing 382
ENTERED In Error - Modified by Clerk's Office on 5/11/2015) (sxw).
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Filing 381
NOTICE by All Plaintiffs Abrams Withdrawal (Pallozzi, Angela)
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Filing 380
MINUTE entry before the Honorable Jeffrey Cole: The plaintiffs have written me a letter dated May 5, 2015 taking issue with certain matters in the minute order. #371 . Give the nature of the letter, which seeks modification and/or clarification of the order, it is inappropriate to resolve the issues in this informal way. While it is true that I told the lawyers that if they had an issue with the order they should contact me, I did not have in mind the kind of extensive issues raised in the May 5th letter. Accordingly, the plaintiffs must file an appropriate motion which shall be noticed in accord with our Local Rules.Mailed notice (jms, )
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Filing 379
NOTICE of Motion by April Michelle Rancier for presentment of motion for miscellaneous relief #378 before Honorable Jeffrey Cole on 5/12/2015 at 10:30 AM. (Rancier, April)
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Filing 378
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril TrajcevskiModify Order (Rancier, April)
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Filing 377
NOTICE of Motion by April Michelle Rancier for presentment of motion to certify class, #375 before Honorable John Z. Lee on 5/14/2015 at 09:00 AM. (Rancier, April)
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Filing 376
NOTICE of Motion by April Michelle Rancier for presentment of motion to certify class, #375 before Honorable John Z. Lee on 5/14/2015 at 09:00 AM. (Rancier, April) (Incorrect pdf document linked - Docket Text Modified by Clerks Office.) Modified on 5/7/2015 (mmy, ).
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Filing 375
MOTION by Plaintiffs Matt Nyman, Kiril Trajcevski to certify class pursuant to FRCP Rule 23 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Rancier, April)
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Filing 374
NOTICE by All Plaintiffs Voluntary Withdrawal of Sitko and Gupte (Pallozzi, Angela)
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Filing 373
Letter by Marc Kramer, Matt Nyman, Kiril Trajcevski regarding Minute Entry (ECF No. 371) (Rancier, April)
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Filing 372
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 5/5/15 is reset to 5/14/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 371
MINUTE entry before the Honorable Jeffrey Cole: Status hearing held and continued to 5/12/2015 at 10:30 AM. Parties report that Anthony Berry and Gerardo Botello have not complied with orders requiring production of tax returns. Plaintiffs Berry and Botello are given to 5/19/2015 to do so. That production will require 1099s and W2s. Defendants shall submit a draft order regarding the time frame for completing depositions of plaintiffs Berry and Botello by 5/22/2015, if possible. All plaintiffs who have not done so shall turn over the W2s or 1099s immediately. Kenneth Abrams and Ms. Gupta have not supplemented discovery pursuant to this court's order of 4/23/2015. If they do not fully comply with outstanding discovery by 5/11/2015, this court will recommend they be dismissed as plaintiffs to the district judge. All plaintiffs against whom discovery has been issued are to provide a declaration or affidavit, under the penalties of perjury, as to the existance or non-existance of social media for the relevant period by 5/19/15. Plaintiffs shall submit comprehensive damage calculations and answers to the outstanding damage interrogatories for each plaintiff by 5/12/2015. Plaintiffs Reiss-Sitko, and DeMarco are directed to appear for their depositions on at the office of defendants, 191 N. Wacker Dr.,Chicago, IL on 5/11/2015 at 9:00 am for their depositions. Any unexcused failure to attend their deposition will result in a recommendation that their cases be dismissed with prejudice. Gavin Male has a Linkedin account but has failed to produce any social media discovery. All Facebook and social media discovery shall be turned over unredacted by 5/19/2015. The material shall be treated as confidential under the protective order. The parties report that plaintiffs' motion to compel document production and interrogatory responses #361 has been resolved and is therefore moot. Those plaintiff who have unconditionally and adamantly refused through their counsel today to sit for their depositions and/or produce previously required discovery should voluntarily dismiss their cases rather than force the defendants to file a motion for entry of a default judgment against them. There is no legitimate basis for the conduct of these plaintiffs. No person has the right to conducts himself in litigation as these plaintiffs are.Mailed notice (jms, )
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Filing 370
MINUTE entry before the Honorable Jeffrey Cole: Motion hearing held. Plaintiffs' motions to compel #338 is granted in part and denied in part as outlined in open court. Plaintiffs' motion to extend time to to complete discovery #354 is granted in part. All discovery shall be completed by 5/15/2015. The parties are advised this is a final extension. Plaintiffs' motion to compel document production and interrogatory responses #361 is taken under advisementpending outcome of the parties addition Rule 37 conference. Defendants' motion to dismiss non-compliant plaintiffs' #368 is denied. Plaintiffs shall submit supplemental answers as outlined in open court by 4/30/2015.Plaintiffs Norris, Reiss-Sitko, Male, and DeMarco are directed to appear for their depositions on All plaintiffs shall turn over tax returns, that shall be deemed confidential, and all social media shall be turned over by 4/30/2015. Status hearing is set for 5/5/2015 at 9:30 am after Judge Lee's call. Mailed notice (jms, ) .
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Filing 369
NOTICE of Motion by Cameron A Davidson for presentment of motion to dismiss,, #368 before Honorable Jeffrey Cole on 4/27/2015 at 08:30 AM. (Davidson, Cameron)
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Filing 368
MOTION by Defendants Julie Klaus, American Bank and Trust Company, N.A., Harry S. Coin, Sharon Wheeler, Dale Dollenbacher to dismiss Non-Compliant Plaintffs (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B, #3 Exhibit EXHIBIT C, #4 Exhibit EXHIBIT D, #5 Exhibit EXHIBIT E, #6 Exhibit EXHIBIT F, #7 Exhibit EXHIBIT G, #8 Exhibit EXHIBIT H, #9 Exhibit EXHIBIT I, #10 Exhibit EXHIBIT J, #11 Exhibit EXHIBIT K, #12 Exhibit EXHIBIT L, #13 Exhibit EXHIBIT M)(Davidson, Cameron)
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Filing 367
SEALED DOCUMENT by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler (Davidson, Cameron)
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Filing 366
MEMORANDUM by American Bank and Trust Company, N.A. in Opposition to motion for extension of time to complete discovery #354 (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)(Siebert, Melissa)
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Filing 365
MINUTE entry before the Honorable Jeffrey Cole:Plaintiff's Motion for Extension of Time to Complete Discovery #354 and Plaintiff's Motion to Compel #338 are rescheduled from 4/20/15 to 4/23/15 at 9:00 a.m. (rbf, )
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Filing 364
MINUTE entry before the Honorable Jeffrey Cole:Plaintiff's Motion to Compel #361 is rescheduled from 4/20/15 to 4/23/15 at 9:00 a.m. (rbf, )
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Filing 363
RESPONSE by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheelerin Opposition to MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to compel #338 (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)(Siebert, Melissa)
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Filing 362
NOTICE of Motion by April Michelle Rancier for presentment of motion to compel, #361 before Honorable Jeffrey Cole on 4/20/2015 at 08:30 AM. (Rancier, April)
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Filing 361
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to compel Document Production and Interrogatory Responses (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Rancier, April)
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Filing 360
MINUTE entry before the Honorable Jeffrey Cole:Hearing on plaintiff's motion for extension of time to complete discovery #354 is reset for 4/20/2015 at 08:30 AM.Mailed notice (jms, )
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Filing 359
MINUTE entry before the Honorable Jeffrey Cole:Hearing on plaintiffs' motion for extension of time to complete discovery #354 is set for 4/14/2015 at 08:30 AM.Mailed notice (jms, )
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Filing 358
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: Plaintiff's motion for extension of time to complete discovery #354 .(ca, )Mailed notice.
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Filing 357
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: general discovery supervision.(ca, )Mailed notice.
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Filing 356
MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 4/9/15. For the reasons stated on the record, Plaintiff's motion to extend discovery deadline #354 is referred to Magistrate Judge Cole. This matter also is referred to Judge Cole for general discovery supervision. Judge Cole may modify discovery deadlines if he deems it necessary and appropriate. Mailed notice (ca, )
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Filing 355
NOTICE of Motion by April Michelle Rancier for presentment of motion for extension of time to complete discovery #354 before Honorable John Z. Lee on 4/9/2015 at 09:00 AM. (Rancier, April)
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Filing 354
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to complete discovery (Rancier, April)
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Filing 353
MINUTE entry before the Honorable Jeffrey Cole: The court having ruled on defendants' motion to compel #320 in open court on 4/2/2015; defendants do not need to submit the courtesy copy of their motion nor do plaintiffs need to submit their response.Mailed notice (jms, )
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Filing 352
MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Status hearing held. As discussed in open court,if the defendant can show relevance, it is entitled to social mediainformation and tax returns. The plaintiffs must respondappropriately to interrogatories 5,6,and 9, interrogatories 17,19,21,23,and plaintiffs shall provide individualized damage calculations.Plaintiffs' motion to compel #338 is taken under advisement. Response is to be filed by 4/16/2015. No reply is necessary. Status hearing and ruling on the motion is set for 4/20/2015 at 8:30am.The defendant shall immediately provide courtesy copies of docket #320as shall the plaintiff's upon their responsive filing. Mailed notice (jms, )
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Filing 351
NOTICE by All Plaintiffs Theodorou Voluntary Withdrawal (Pallozzi, Angela)
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Filing 350
MINUTE entry before the Honorable John Z. Lee: The Court grants Jeffrey D. Wright's motion for leave to appear pro hac vice #348 . Mailed notice (np, )
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Filing 349
MINUTE entry before the Honorable Jeffrey Cole: The parties, by telephone, have requested that the hearing on the Plaintiff's Motion to Compel #338 be continued from 3/30/15 to 4/2/15 at 8:00 a.m. That request is granted. Mailed notice (tlm)
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Filing 348
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10477972. (Jeffrey, Wright)
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Filing 347
NOTICE OF CORRECTION regarding minute entry dated 3/25/2015 - Docket entry no. #346 (lxs, )
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Filing 346
ORDER Signed by the Honorable Jeffrey Cole on 3/25/2015. (See Order For Details). Mailed notice(lxs, ) (Main Document 346 replaced on 3/25/2015) (lxs, ).
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Filing 345
MINUTE entry before the Honorable Jeffrey Cole: The defendant has moved telephonically to withdraw the motion to compel the continued deposition of Marc Kramer #330 since the issue has been resolved. That motion is granted and the motion hearing scheduled for 3/26/15 is canceled.Mailed notice (lxs, )
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Filing 344
EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Jeffrey Cole pursuant to Local Rule 72.1 for Plaintiffs Motion to Compel #338 . Signed by Executive Committee on 03/24/2015. (sxw)
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Filing 343
MINUTE entry before the Honorable Jeffrey Cole:The defendants have moved to compel the continued deposition of Marc Kramer #330 . The motion cites a non-binding opinion by Judge Moran from 1987 and a 1989 non-binding opinion by Judge Holderman. The plaintiff (and the defendants) should be prepared at the hearing on the motion on 3/26/15 to address the following more recent -- and more importantly -- binding cases from the Seventh Circuit: (1) Redwood v. Dobson, 476 F.3d 462, 468 (7th Cir. 2007)( Easterbrook, J.):"Webber gave no reason beyond his declaration that the questions were designed to harass rather than obtain information-which may well have been their point, but Fed.R.Civ.P. 30(d) specifies how harassment is to be handled. Counsel for the witness may halt the deposition and apply for a protective order, see Rule 30(d)(4), but must not instruct the witness to remain silent. 'Any objection during a deposition must be stated concisely and in a non-argumentative and non-suggestive manner. A person may instruct a deponent not to answer only when necessary to preserve a privilege, to enforce a limitation directed by the court, or to present a motion under Rule 30(d)(4).' Fed.R.Civ.P. 30(d)(1). Webber violated this rule repeatedly by telling Gerstein not to answer yet never presenting a motion for a protective order. The provocation was clear, but so was Webber's violation." See also Rule 30(c)(2), Federal Rules of Civil Procedure (2014)(specifying the exceedingly limited circumstance in which a lawyer may instruct a witness not to answer). (2) Rickels v. City of South Bend, Indiana, 33 F.3d 785, 786-87 (7th Cir. 1994): 'The great operative principle of Rule 37(a)(4) is that the loser pays.' Charles Alan Wright & Arthur R. Miller, 8 Federal Practice and Procedure 2288 at 787 (1970). Fee shifting when the judge must rule on discovery disputes encourages their voluntary resolution and curtails the ability of litigants to use legal processes to heap detriments on adversaries (or third parties) without regard to the merits of the claims." (Parenthesis in original). See also United States Freight Co. v. Penn Cent. Transp. Co., 716 F.2d 954, 955 (2nd Cir.1983)(General deterrence, rather than mere remediation of the particular parties' conduct, is a goal under Rule 37; unconditional impositions of sanctions are necessary to deter other parties to other lawsuits from flouting other discovery orders of other district courts. ). See also Sambrano v. Mabus 663 F.3d 879, 881-882 (7th Cir. 2011)(Sanctions such as orders to pay the other side's attorneys' fees may redress injuries done to put-upon adversaries....). See Rule 30(d)(3)(C), Federal Rules of Civil Procedure ("Rule 37(a)(5) applies to the award of expenses.") (2014).Mailed notice (lxs, )
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Filing 342
MINUTE entry before the Honorable Jeffrey Cole: At the request of the parties, hearing on the defendant's Motion to Compel #330 is rescheduled from 3/24/15 to 3/26/15 at 8:30 p.m.Mailed notice (lxs, )
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Filing 341
AMENDED RE- NOTICE of Motion by Terrence Buehler for presentment of motion to compel #338 before Honorable John Z. Lee on 3/31/2015 at 09:00 AM. (Buehler, Terrence)
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Filing 340
RE- NOTICE of Motion by Terrence Buehler for presentment of motion to compel #338 before Honorable Jeffrey Cole on 3/26/2015 at 08:30 AM. (Buehler, Terrence)
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Filing 339
NOTICE of Motion by Terrence Buehler for presentment of motion to compel #338 before Honorable John Z. Lee on 3/31/2015 at 09:00 AM. (Buehler, Terrence)
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Filing 338
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to compel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Buehler, Terrence)
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Filing 337
MINUTE entry before the Honorable Jeffrey Cole: The defendant's motion to compel continued deposition of Marc Kramer #330 has been referred here by Judge Lee. Hearing on the motion will be on Tuesday, 3/24/15 at 8:30 a.m. in room 1003.Mailed notice (lxs, )
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Filing 336
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: motion to compel, #330 .(ca, )Mailed notice.
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Filing 335
MINUTE entry before the Honorable John Z. Lee: Defendants' motion to compel continued deposition of Marc Kramer #330 is referred to Magistrate Judge Cole. No appearance is required on 3/31/15. Mailed notice (ca, )
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Filing 334
TRANSCRIPT OF PROCEEDINGS held on 1/8/2015 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov, (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/8/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/16/2015. (Roth, Alexandra)
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Filing 333
MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 3/18/15. Defendants' motion to dismiss non-complaint plaintiffs #325 is granted. Patrick Boehler, Saul Gavina, Anthony Jarzembowski, Philip Lekousis, Christi Murphy, Jason Nobles, and Jill Killen are dismissed with prejudice. Defendants' motion to compel continued deposition of Marc Kramer #330 is entered and continued for 3/31/15 at 9:15 a.m. Mailed notice (ca, )
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Filing 332
STIPULATION (Buehler, Terrence)
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Filing 331
NOTICE of Motion by Cameron A Davidson for presentment of motion to compel, #330 before Honorable John Z. Lee on 3/31/2015 at 09:00 AM. (Davidson, Cameron)
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Filing 330
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to compel Continued Deposition of Marc Kramer (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Davidson, Cameron)
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Filing 329
MINUTE entry before the Honorable John Z. Lee: The hearing date on Defendants' motion to dismiss non-compliant plaintiffs #325 noticed up for presentment on 3/18/15 at 9:00 a.m. will stand. The status hearing set for 3/24/15 is reset to 5/5/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 328
MINUTE entry before the Honorable Jeffrey Cole:Defendants' motion to compel #320 is taken under advisement. Response is to be filed by 4/3/2015. Reply is to be filed by 4/17/2015. Court will rule by mail.Mailed notice (jms, )
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Filing 327
NOTICE of Motion by Cameron A Davidson for presentment of motion to dismiss #325 before Honorable John Z. Lee on 3/18/2015 at 09:00 AM. (Davidson, Cameron)
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Filing 326
NOTICE of Motion by Cameron A Davidson for presentment of motion to dismiss #325 before Honorable John Z. Lee on 3/19/2015 at 09:00 AM. (Davidson, Cameron)
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Filing 325
MOTION by Defendants Julie Klaus, American Bank and Trust Company, N.A., Harry S. Coin, Sharon Wheeler, Dale Dollenbacher to dismiss Non-Compliant Plaintiffs (Davidson, Cameron)
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Filing 324
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: Defendants' motion to compel #320 .(ca, )Mailed notice.
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Filing 323
MINUTE entry before the Honorable John Z. Lee: Defendants' motion to compel #320 is referred to Magistrate Judge Cole. No appearance is required on 3/11/15. Mailed notice (ca, )
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Filing 322
NOTICE of Motion by Cameron A Davidson for presentment of motion to compel, #321 , motion to compel #320 before Honorable John Z. Lee on 3/11/2015 at 09:00 AM. (Davidson, Cameron)
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Filing 321
MEMORANDUM In Support of MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to compel discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Davidson, Cameron) (Docket Text Modified by Clerk's Office on 3/9/2015) (sxw).
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Filing 320
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to compel discovery (Davidson, Cameron)
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Filing 319
ORDER Signed by the Honorable John Z. Lee on 2/24/2015.Mailed notice(air, )
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Filing 318
MINUTE entry before the Honorable John Z. Lee:Defendants' motion to dismiss #308 is denied. The status hearing has been reset for 3/24/15 at 9:00 a.m. No appearance required on 2/25/15. ENTER ORDER. Mailed notice (air, )
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Filing 317
EXHIBIT by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler regarding reply to response to motion, #316 (Davidson, Cameron)
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Filing 316
REPLY by James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to response in opposition to motion,, #315 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Davidson, Cameron)
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Filing 315
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendants Julie Klaus, American Bank and Trust Company, N.A., Harry S. Coin, Sharon Wheeler, Dale Dollenbacher to dismiss Non-Compliant Opt-In Plaintiffs #308 Plaintiffs' Opposition to Defendants' Motion to Dismiss Non-Compliant Plaintiffs (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)(Buehler, Terrence)
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Filing 314
MINUTE entry before the Honorable John Z. Lee: Agreed motion to extend deadline for defendants to select opt-in plaintiffs for deposition #313 is granted. The date for the selection of the opt-in Plaintiffs for depositions is March 6, 2015. No appearance is required on the motion. Mailed notice (ca, )
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Filing 313
MOTION by Defendant American Bank and Trust Company, N.A. for extension of time for Defendants to Select Opt-in Plaintiffs for Deposition (Davidson, Cameron)
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Filing 312
NOTICE of Motion by Cameron A Davidson for presentment of before Honorable John Z. Lee on 1/22/2015 at 09:00 AM. (Davidson, Cameron)
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Filing 311
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 1/8/15. Plaintiffs' response to Defendants' motion to dismiss non-compliant plaintiffs #308 is due by 1/23/15; reply due by 1/30/15; ruling will be by mail. The status hearing set for 2/11/15 is reset to 2/25/15 at 9:00 a.m.Mailed notice (ca, )
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Filing 310
NOTICE of Motion by Melissa Anne Siebert for presentment of motion to dismiss #308 before Honorable John Z. Lee on 1/8/2015 at 09:00 AM. (Siebert, Melissa)
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Filing 309
MEMORANDUM by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler in support of motion to dismiss #308 Non-Compliant Opt-In Plaintiffs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Siebert, Melissa)
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Filing 308
MOTION by Defendants Julie Klaus, American Bank and Trust Company, N.A., Harry S. Coin, Sharon Wheeler, Dale Dollenbacher to dismiss Non-Compliant Opt-In Plaintiffs (Siebert, Melissa)
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Filing 307
MINUTE entry before the Honorable John Z. Lee: Motion for leave to appear pro hac vice by April Rancier #306 is granted.Mailed notice (ca, )
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Filing 306
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10123310. (Rancier, April)
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Filing 305
MINUTE entry before the Honorable John Z. Lee:Motion for leave to appear pro hac vice by Angela Pallozzi #304 is granted.Mailed notice (ca, )
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Filing 304
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10098876. (Pallozzi, Angela)
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Filing 303
MINUTE entry before the Honorable John Z. Lee:Agreed motion to set and extend discovery deadlines #300 is granted. Fact discovery is extended until 4/15/15. A status hearing is set for 2/11/15 at 9:00 a.m. No appearance is required on the motion.Mailed notice (ca, )
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Filing 302
MINUTE entry before the Honorable John Z. Lee: Agreed motion to set and extend discovery deadlines #300 is granted. Fact discovery is extended until 4/15/15. A status hearing is set for 2/11/15 at 9:00 a.m. No appearance is required on the motion.Mailed notice(ca, )
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Filing 301
NOTICE of Motion by Melissa Anne Siebert for presentment of motion for extension of time to complete discovery #300 before Honorable John Z. Lee on 12/2/2014 at 09:00 AM. (Siebert, Melissa)
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Filing 300
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler for extension of time to complete discovery Agreed Motion to Set and Extend Discovery Deadlines (Siebert, Melissa)
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Filing 299
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 11/18/14. The parties' joint motion for extension of time to complete discovery is due by 11/25/14 and should be noticed up for presentment. Out-of-town counsel may appear by telephone with local counsel present and should contact the courtroom deputy the day before with a call-in number. Mailed notice (ca, )
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Filing 298
MINUTE entry before the Honorable John Z. Lee: Status hearing set for 11/18/14 at 9:15 a.m.Mailed notice (ca, )
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Filing 297
TRANSCRIPT OF PROCEEDINGS held on 7/30/2014 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov, (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/24/2014. Redacted Transcript Deadline set for 11/3/2014. Release of Transcript Restriction set for 1/1/2015. (Roth, Alexandra)
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Filing 296
ANSWER to amended complaint by Sharon Wheeler(Davidson, Cameron)
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Filing 295
ANSWER to amended complaint by Julie Klaus(Davidson, Cameron)
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Filing 294
ANSWER to amended complaint by Dale Dollenbacher(Davidson, Cameron)
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Filing 293
ANSWER to amended complaint by Harry S. Coin(Davidson, Cameron)
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Filing 292
ANSWER to amended complaint by American Bank and Trust Company, N.A.(Davidson, Cameron)
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Filing 291
Second AMENDED complaint by Matt Nyman, Kiril Trajcevski, Marc Kramer against All Defendants (Buehler, Terrence)
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Filing 290
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 7/30/14. After considering the joint motion for entry of discovery plan and scheduling order #283 , the Court rules as follows. Defendants may serve a combined set of written fact discovery upon all of the remaining opt-in plaintiffs. Each set of interrogatories will be limited to 30 in number. Defendants may depose up to a total of 15 opt-in plaintiffs. Defendants should also supplement their discovery responses and document production to the extent necessary in light of the new opt-in plaintiffs. For the reasons stated on the record, the Court will not order supplementation of ESI discovery at this time. Fact discovery shall close on 1/31/15. Plaintiff's amended pleading is due by 8/7/14; Defendants' answers or responsive pleadings are due by 8/21/14. Mailed notice (ca, )
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Filing 289
MINUTE entry before the Honorable John Z. Lee: By agreement of the parties, the status and motion hearing set for 7/29/14 is reset to 7/30/14 at 10:00 a.m.Mailed notice (ca, )
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Filing 288
MEMORANDUM Opinion and Order Signed by the Honorable John Z. Lee on 7/23/14Mailed notice(ca, ).
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Filing 287
MINUTE entry before the Honorable John Z. Lee: The Court denies Defendant Wheeler's motion to dismiss Plaintiffs' amended complaint for failure to state a claim #271 . The Court grants in part and denies in part Defendant Klaus, Coin, Dollenbacher, and the Bank's motion to dismiss for failure to state a claim #228 . The Court dismisses Plaintiffs claims against Klaus, Coin, Dollenbacher, and the Bank for fraud without prejudice and with leave to amend to cure the deficiencies outlined herein within fifteen days of the entry of this Memorandum Opinion and Order. In all other respects, Defendants motion to dismiss is denied. The Court also denies Defendants' motion to strike from Plaintiffs' amended complaint Plaintiffs' jury demand with respect to Counts II, III, and IV. [For further details see memorandum opinion and order.] Mailed notice (ca, )
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Filing 286
MINUTE entry before the Honorable John Z. Lee: The status and motion hearing #283 set for 7/16/14 is reset to 7/29/14 at 9:15 a.m. No appearance is required on 7/16/14. Mailed notice (ca, )
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Filing 285
NOTICE of Motion by Terrence Buehler for presentment of motion for discovery #283 before Honorable John Z. Lee on 7/16/2014 at 09:15 AM. (Buehler, Terrence)
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Filing 284
NOTICE of Motion by Terrence Buehler for presentment of motion for discovery #283 before Honorable John Z. Lee on 7/15/2014 at 09:00 AM. (Buehler, Terrence)
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Filing 283
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for discovery Joint Motion for Entry of Discovery Plan and Scheduling Order (Buehler, Terrence)
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Filing 282
MINUTE entry before the Honorable John Z. Lee:The status hearing set for 7/11/14 is reset to 7/16/14 at 9:15 a.m.Mailed notice (ca, )
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Filing 281
MINUTE entry before the Honorable John Z. Lee:Status hearing held on 6/17/14. The parties are to meet and confer regarding the scope of any remaining fact discovery and submit a joint discovery plan by 7/7/14. Status hearing set for 7/11/14 at 9:30 a.m.Mailed notice (ca, )
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Filing 280
NOTICE by All Plaintiffs Consent to Join - Gerrity (Attachments: #1 Notice of Filing Gerrity Consent to Join)(Todman, Stanley)
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Filing 279
NOTICE by All Plaintiffs Gavina Consent to Join (Attachments: #1 Notice of Filing Gavina Consent to Join)(Todman, Stanley)
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Filing 278
NOTICE by All Plaintiffs Consent to Join Sitko and Piazza (Attachments: #1 Exhibit Sitko Consent to Join, #2 Exhibit Piazza Consent to Join)(Todman, Stanley)
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Filing 277
REPLY by Sharon Wheeler to memorandum in opposition to motion #276 (Attachments: #1 Exhibit, #2 Exhibit)(Davidson, Cameron)
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Filing 276
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in Opposition to Motion to Dismiss for Failure to State a Claim #271 (Buehler, Terrence)
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Filing 275
NOTICE by All Plaintiffs Consent to Join - B. Sanchez, Botello, J. Sanchez, Pieczynski (Attachments: #1 Notice of Filing B. Sanchez Consent to Join, #2 Notice of Filing Botello Consent to Join, #3 Notice of Filing J. Sanchez Consent to Join, #4 Notice of Filing Pieczynski Consent to Join)(Todman, Stanley)
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Filing 274
NOTICE by All Plaintiffs Consent to Join - Sitko, Baker, Cabrera (Attachments: #1 Notice of Filing Sitko Consent to Join, #2 Notice of Filing Baker Consent to Join, #3 Notice of Filing Cabrera Consent to Join)(Todman, Stanley)
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Filing 273
MINUTE entry before the Honorable John Z. Lee:Plaintiffs' response to defendant Sharon Wheeler's motion to dismiss counts II-VI of plaintiffs' amended complaint #271 is due by 5/5/14; reply due 5/12/14; ruling will be by mail. No appearance is required on the motion.Mailed notice (ca, )
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Filing 272
NOTICE of Motion by Cameron A Davidson for presentment of Motion to Dismiss for Failure to State a Claim #271 before Honorable John Z. Lee on 4/24/2014 at 09:00 AM. (Davidson, Cameron)
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Filing 271
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Davidson, Cameron)
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Filing 270
NOTICE by All Plaintiffs Consent to Join - Murphy, D. Male, G. Male, Gupte (Attachments: #1 Notice of Filing Christi Murphy Consent to Join, #2 Notice of Filing Dane Male Consent to Join, #3 Notice of Filing Gavin Male Consent to Join, #4 Notice of Filing Janine Gupte Consent to Join)(Todman, Stanley)
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Filing 269
ANSWER to amended complaint by Sharon Wheeler(Davidson, Cameron)
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Filing 268
TRANSCRIPT OF PROCEEDINGS held on 7/12/13 before the Honorable Jeffrey Cole. Court Reporter Contact Information: Michael P Snyder (312) 435-5563 michael_snyder@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/30/2014. Redacted Transcript Deadline set for 5/12/2014. Release of Transcript Restriction set for 7/8/2014. (Snyder, Michael)
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Filing 267
NOTICE by All Plaintiffs Consent to Join - Demarco, Tripp and Watkins (Attachments: #1 Notice of Filing Consent to Join Demarco, #2 Notice of Filing Consent to Join Tripp, #3 Notice of Filing Consent to Join Watkins)(Todman, Stanley)
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Filing 266
NOTICE by All Plaintiffs Consent to Join - Carcerano, Gorsuch, Lekousis, Marguerite, Nobles (Attachments: #1 Notice of Filing Carcerano Consent to Join, #2 Notice of Filing Gorsuch Consent to Join, #3 Notice of Filing Lekousis Consent to Join, #4 Notice of Filing Marguerite Consent to Join, #5 Notice of Filing Nobles Consent to Join)(Todman, Stanley)
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Filing 265
NOTICE by All Plaintiffs Consents to Join - Abrams, Berry, Boehler, Norris, Theodorou (Attachments: #1 Notice of Filing Abrams Consent to Join, #2 Notice of Filing Berry Consent to Join, #3 Notice of Filing Boehler Consent to Join, #4 Notice of Filing Norris Consent to Join, #5 Notice of Filing Theodorou Consent to Join)(Todman, Stanley)
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Filing 264
MINUTE entry before the Honorable John Z. Lee: The Court denies Defendant Sharon Wheeler's motion to dismiss for untimely service #242 because Plaintiffs have shown that they made a good faith attempt to locate Wheeler but could not find a valid address for her after her employment with American Bank ceased. Even if that were not the case, the Court would exercises its discretion to extend the time for service to the date on which Plaintiffs served Wheeler because Wheeler has not shown any actual harm to her ability to defend the suit as a consequence of the delay in service. Mailed notice (ca, )
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Filing 263
NOTICE by All Plaintiffs Consent to Join - Datoil, Furio, Houdek, Killen, Hill, Wicklander (Attachments: #1 Notice of Filing Datoli, #2 Notice of Filing Furio, #3 Notice of Filing Houdek, #4 Notice of Filing Killen, #5 Notice of Filing Hill, #6 Notice of Filing Wicklander)(Todman, Stanley)
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Filing 262
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendant Sharon Wheeler to dismiss #242 and Request for Extension of Time to Serve Amended Complaint (Attachments: #1 Exhibit 1)(Buehler, Terrence)
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Filing 261
MINUTE entry before the Honorable John Z. Lee: Status hearing set for 6/17/14 at 9:00 a.m.Mailed notice (ca, )
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Filing 260
MINUTE entry before the Honorable John Z. Lee: For the reasons stated on the record during the hearing on 3/12/14, the Court finds that the attached Notice is appropriate for issuance to potential opt-in plaintiffs pursuant to the Fair Labor Standards Act. Mailed notice (Attachments: #1 FLSA Notice) (ca, )
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Filing 259
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 3/12/14. For the reasons stated on the record, Defendant withdraws the motion to dismiss #253 and motion to stay proceedings #256 . Plaintiffs' motion for leave to file response to defendants' renewed objections to plaintiffs' proposed notice instanter #250 is granted. The Court also stated its rulings as to the FLSA notice. Defendant should submit a draft of their proposed notice in Microsoft Word format to the Court. Mailed notice (ca, )
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Filing 258
NOTICE of Motion by Melissa Anne Siebert for presentment of motion to stay #256 before Honorable John Z. Lee on 3/13/2014 at 09:00 AM. (Siebert, Melissa)
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Filing 257
NOTICE of Motion by Cameron A Davidson for presentment of motion to stay #256 before Honorable John Z. Lee on 3/12/2014 at 09:00 AM. (Davidson, Cameron)
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Filing 256
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to stay (Davidson, Cameron)
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Filing 255
NOTICE of Motion by Cameron A Davidson for presentment of motion to dismiss #253 before Honorable John Z. Lee on 3/12/2014 at 09:00 AM. (Davidson, Cameron)
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Filing 254
MEMORANDUM in Support of Motion to Dismiss by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Davidson, Cameron)
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Filing 253
MOTION by Defendants Julie Klaus, Harry S. Coin, American Bank and Trust Company, N.A., Dale Dollenbacher to dismiss (Davidson, Cameron)
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Filing 252
NOTICE of Motion by Terrence Buehler for presentment of motion for leave to file #250 before Honorable John Z. Lee on 3/13/2014 at 09:00 AM. (Buehler, Terrence)
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Filing 251
RESPONSE by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski To Defs. Renewed Objections to Pltfs. Proposed Notice (Attachments: #1 Exhibit, #2 Exhibit)(Buehler, Terrence)
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Filing 250
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for leave to file Response to Defs. renewed objections to Pltfs. proposed notice instanter (Buehler, Terrence)
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Filing 249
TRANSCRIPT OF PROCEEDINGS held on 2/12/2014 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov, (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/27/2014. Redacted Transcript Deadline set for 4/7/2014. Release of Transcript Restriction set for 6/4/2014. (Roth, Alexandra)
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Filing 248
MINUTE entry before the Honorable John Z. Lee: Plaintiffs' response to defendant Sharon Wheeler's motion to dismiss #242 is due by 3/21/14; reply due by 4/4/14. No appearance is required on the motion.Mailed notice (ca, )
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Filing 247
OBJECTIONS To Plaintiffs' Proposed Notice (Attachments: #1 Exhibit A - Defendants' Proposed Notice, #2 Exhibit B - Transcript of Proceedings Feb 12, 2014, #3 Exhibit C - Unreported Authorities, #4 Exhibit D - Plaintiffs' Proposed Notice)(Siebert, Melissa)
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Filing 246
ATTORNEY Appearance for Defendant Sharon Wheeler by John Conlaeth McIlwee (McIlwee, John)
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Filing 245
ATTORNEY Appearance for Defendant Sharon Wheeler by Melissa Anne Siebert (Siebert, Melissa)
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Filing 244
ANSWER to amended complaint by American Bank and Trust Company, N.A., Dale Dollenbacher, Julie Klaus(Davidson, Cameron)
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Filing 243
NOTICE of Motion by Cameron A Davidson for presentment of motion to dismiss #242 before Honorable John Z. Lee on 3/12/2014 at 09:00 AM. (Davidson, Cameron)
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Filing 242
MOTION by Defendant Sharon Wheeler to dismiss (Davidson, Cameron)
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Filing 241
ATTORNEY Appearance for Defendant Sharon Wheeler by Cameron A Davidson (Davidson, Cameron)
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Filing 240
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 2/12/14. For the reasons stated on the record, the Court rules as follows. Plaintiffs' second motion to toll the statute of limitations #229 is denied. Defendants renewed motion to dismiss amended complaint and strike certain jury demands #228 is denied as to the FLSA claims; the remainder of the motion will be taken under advisement. Plaintiffs' motion for certification pursuant to section 216(b) and request for court notification to potential class members of opt-in rights and deadline #107 is granted. Renewed objections to the FLSA notice are due by 2/26/14; response due 3/5/14. Counsel should provide Plaintiffs' counsel with a list of the identities and last known addresses of the putative FLSA plaintiffs, including emails to the extent that email addresses are available in the employment file. Status hearing set for 3/12/14 at 9:00 a.m. Mailed notice (ca, )
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Filing 239
MINUTE entry before the Honorable John Z. Lee: Plaintiffs' second motion to toll the statute of limitations #229 is entered and continued to 2/12/14 at 9:15 a.m. The status hearing set for 1/30/14 is reset to 2/12/14 at 9:15 a.m.Mailed notice (ca, )
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Filing 238
STATUS Report Joint by Marc Kramer, Matt Nyman, Kiril Trajcevski (Todman, Stanley)
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Filing 237
REPLY by Marc Kramer, Matt Nyman, Kiril Trajcevski to MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril TrajcevskiSecond Motion to Toll Statute of Limitations #229 , response in opposition to motion, #232 Plaintiff's Reply in Support of Second Motion to Toll the Statute of Limitations (Buehler, Terrence)
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Filing 236
REPLY by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to reply #234 (Attachments: #1 Exhibit Exhibit 1)(Davidson, Cameron)
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Filing 235
REPLY by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to memorandum in opposition to motion, #233 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Davidson, Cameron)
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Filing 234
REPLY by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to objections #227 Opposition to Defendants' Objections (Attachments: #1 Exhibit 1)(Buehler, Terrence)
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Filing 233
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in Opposition to Motion to Dismiss for Failure to State a Claim, motion to strike, motion for relief,,, #228 Plaintiffs' Memorandum of Law in Opposition to Defendants' Renewed Motion to Dismiss Plaintiffs' Amended Complaint in its Entirety and to Strike Certain Jury Demands (Buehler, Terrence)
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Filing 232
RESPONSE by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausin Opposition to MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril TrajcevskiSecond Motion to Toll Statute of Limitations #229 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Davidson, Cameron)
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Filing 231
MINUTE entry before the Honorable John Z. Lee: Defendants' response to Plaintiffs' second motion to toll the statute of limitations is due by 12/23/13. No appearance is necessary on 12/17/13. The status hearing previously set for 1/30/14 shall stand. Mailed notice (ca, )
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Filing 230
NOTICE of Motion by Terrence Buehler for presentment of motion for miscellaneous relief #229 before Honorable John Z. Lee on 12/17/2013 at 09:00 AM. (Buehler, Terrence)
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Filing 229
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril TrajcevskiSecond Motion to Toll Statute of Limitations (Attachments: #1 Exhibit 1)(Buehler, Terrence)
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Filing 228
Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to strike amended complaint #84 of Certain Jury Demands (Attachments: #1 Exhibit A - Unreported Cases)(McIlwee, John)
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Filing 227
OBJECTIONS to Plaintiffs' Pre-Certification Notice (Attachments: #1 Exhibit A - Plaintiffs' Ex-Parte Notice, #2 Exhibit B - Unreported Cases)(McIlwee, John)
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Filing 226
MINUTE entry before the Honorable John Z. Lee: Motion for leave to supplement defendants' opposition to plaintiff's motion for certification and request for court notification instanter #174 is granted.Mailed notice (ca, )
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Filing 225
MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 11/26/13. Motion to lift the stay of proceedings #223 is granted. Motion to dismiss is due by 12/6/13; response due 1/11/14; reply due 1/18/14. Objections to the notice are due by 12/6/13; response due 1/11/14; reply due 1/18/14. The parties are to meet and confer and file a joint motion with a discovery schedule. Status hearing set for 1/30/14 at 9:00 a.m. Mailed notice (ca, )
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Filing 224
NOTICE of Motion by Stanley Todman for presentment of motion for miscellaneous relief #223 before Honorable John Z. Lee on 11/26/2013 at 09:00 AM. (Attachments: #1 Certificate of Service)(Todman, Stanley)
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Filing 223
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril TrajcevskiLift Stay of Proceedings (Attachments: #1 Certificate of Service)(Todman, Stanley)
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Filing 222
MINUTE entry before Honorable Jeffrey Cole: All matters relating to the referral of this case having been completed, the case is returned to the district judge. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, )
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Filing 221
MINUTE entry before Honorable Jeffrey Cole:Defendants' motion to withdraw the appearance of Abbey Furlong as attorney #219 is granted. Mailed notice (jms, )
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Filing 220
NOTICE of Motion by Abbey Chun Furlong for presentment of motion to withdraw as attorney #219 before Honorable Jeffrey Cole on 11/21/2013 at 08:30 AM. (Furlong, Abbey)
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Filing 219
MOTION by counsel for Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to withdraw as attorney (Furlong, Abbey)
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Filing 218
MEMORANDUM Opinion and Order Signed by the Honorable Jeffrey Cole on 11/5/2013:Mailed notice(jms, )
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Filing 217
MINUTE entry before Honorable Jeffrey Cole: The defendants motion to disqualify counsel [#141] is DENIED. Enter Memorandum Opinion and Order.Mailed notice (jms, )
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Filing 216
MINUTE entry before Honorable Jeffrey Cole:Defendants' motion to withdraw as attorney #213 is stricken for failure to comply with Local Rule 5.2(f) and Local Rule 5.3.Mailed notice (jms, )
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Filing 215
MEMORANDUM Bank Defendants' Amended Post-Hearing Memorandum (Siebert, Melissa)
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Filing 214
NOTICE of Motion by Abbey Chun Furlong for presentment of motion to withdraw as attorney #213 before Honorable Jeffrey Cole on 11/4/2013 at 08:30 AM. (Furlong, Abbey)
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Filing 213
MOTION by counsel for Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to withdraw as attorney (Furlong, Abbey)
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Filing 212
MINUTE entry before Honorable Jeffrey Cole:Defendants' motion for leave to file an amended post hearing reply memorandum #210 is granted. Mailed notice (jms, )
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Filing 211
NOTICE of Motion by Cameron A Davidson for presentment of motion to amend/correct, motion for relief #210 before Honorable Jeffrey Cole on 11/1/2013 at 08:30 AM. (Davidson, Cameron)
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Filing 210
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to amend/correct reply to response to motion #209 (Attachments: #1 Exhibit)(Davidson, Cameron)
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Filing 209
REPLY by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to memorandum in opposition to motion #208 (Davidson, Cameron)
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Filing 208
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in Opposition to motion to disqualify counsel #141 (Buehler, Terrence)
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Filing 207
MINUTE entry before Honorable John Z. Lee: In light of the pending motion for disqualification before Judge Cole, the status hearing previously scheduled for 9/26/13 is reset to 11/26/13 at 9:00 a.m.Mailed notice (ca, )
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Filing 206
NOTICE by All Plaintiffs Of Filing Opt-In Form (Attachments: #1 Exhibit 1)(Buehler, Terrence)
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Filing 205
Non-Movant's Evidentiary Hearing Exhibits by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus (Davidson, Cameron)
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Filing 204
Post-Hearing Memorandum by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Davidson, Cameron)
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Filing 203
NOTICE by Cameron A Davidson of Change of Address (Davidson, Cameron)
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Filing 202
NOTICE by Marc Kramer, Matt Nyman, Kiril Trajcevski OF CONSENT TO JOIN (Attachments: #1 Exhibit A)(Todman, Stanley)
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Filing 201
Change of Address by American Bank and Trust Company, N.A. (Davidson, Cameron)
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Filing 200
TRANSCRIPT OF PROCEEDINGS held on 4/1/13 before the Honorable Jeffrey Cole. Court Reporter Contact Information: TRACEY D. McCULLOUGH, 312-435-5570, Tracey_McCullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/26/2013. Redacted Transcript Deadline set for 9/4/2013. Release of Transcript Restriction set for 11/4/2013. (Mccullough, Tracey)
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Filing 199
MINUTE entry before Honorable John Z. Lee: As to all aspects of the case other than the motion to disqualify, this case is hereby stayed until the ruling on the motion to disqualify is issued. Mailed notice (ca, )
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Filing 198
MINUTE entry before Honorable John Z. Lee: Due to Defendants' motion for disqualification pending before Magistrate Judge Cole, the Court strikes without prejudice the motion to dismiss [doc. no. 98], the motion to strike certain jury demands (omitted relief from motion #98 ), the motion to toll statute of limitations [doc. no. 103], and the motion to dismiss for failure to state a claim and to strike amended complaint's jury demands on Counts II, III, and IV [doc. no. 112]. The Court strikes the status hearing set for 8/14/13 and resets it to 9/26/13 at 9:00 a.m.Mailed notice (ca, )
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Filing 197
MINUTE entry before Honorable John Z. Lee: Order number 196 is corrected as follows: The parties' joint motion to extend briefing schedule #193 is granted. Plaintiffs' response to Defendants' motion for leave to supplement should be filed by 8/9/13; Defendants' reply brief should be filed by 8/23/13. No appearance is necessary on 7/31/13. Mailed notice (ca, )
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Filing 196
MINUTE entry before Honorable John Z. Lee: The parties' joint motion to extend briefing schedule #193 is granted. Plaintiffs' response to Defendants' motion for leave to supplement should be filed by 7/31/13; Defendants' reply brief should be filed by 8/7/13. No appearance is necessary on 7/31/13. Mailed notice (ca, )
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Filing 195
STATUS Report Joint by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus (Siebert, Melissa)
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Filing 194
NOTICE of Motion by Melissa Anne Siebert for presentment of motion for extension of time to file response/reply #193 before Honorable John Z. Lee on 7/31/2013 at 09:00 AM. (Siebert, Melissa) (Duplicate filing of entry no. 192) (Docket Text Modified by Clerk's Office on 7/29/2013) (np, ).
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Filing 193
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus for extension of time to file response/reply Joint (Siebert, Melissa)
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Filing 192
NOTICE of motion by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus (Siebert, Melissa) (Docket Text Modified by Clerk's Office on 7/29/2013) (np, ).
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Filing 191
MINUTE entry before Honorable Jeffrey Cole:Further evidentiary hearing held on defendant's motion to disqualify #141 . The American Bank & Trust Co. shall file its post-hearing submission 30 days after receipt of the transcript of the two-day hearing. The plaintiff's brief shall be due 30 days thereafter, with the reply brief to be filed 15 days thereafter.Mailed notice (jms, )
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Filing 189
SUMMONS Returned Executed by Matt Nyman, Kiril Trajcevski, Marc Kramer as to Sharon Wheeler on 7/12/2013, answer due 8/2/2013. (Buehler, Terrence)
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Filing 190
MINUTE entry before Honorable Jeffrey Cole: Evidentiary hearing held and continued to 7/24/2013 at 9:30 am on defendant's motion to disqualify counsel #141. Defendant's motions in limine #1 to exclude the allegedly privileged and confidential communications made by Sharon Wheeler to attorney Ari Karen #180 is granted subject to further review on the question of waiver as adverted to during the hearing. Defendant's motion in limine #2 is withdrawn without prejudice. Defendant's oral motion to bar Ms. Klaus' deposition testimony is denied.Mailed notice (jms, )
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Filing 188
PARTIES' Joint Stipulation and order Signed by the Honorable Jeffrey Cole on 7/12/2013. (np, )
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Filing 187
MINUTE entry before Honorable John Z. Lee: Enter Stipulation and order regarding topics outside the scope of the evidentiary hearing. [For further detail see separate order.] Mailed notice (np, )
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Filing 186
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacherin limine #181 (Buehler, Terrence)
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Filing 185
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausin limine #180 (Buehler, Terrence)
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Filing 184
NOTICE of Motion by Melissa Anne Siebert for presentment of motion in limine #181 , motion in limine #180 before Honorable Jeffrey Cole on 7/12/2013 at 10:00 AM. (Siebert, Melissa)
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Filing 183
NOTICE of Motion by Melissa Anne Siebert for presentment of motion in limine #181 , motion in limine #180 before Honorable Jeffrey Cole on 7/12/2013 at 10:00 AM. (Siebert, Melissa)
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Filing 182
NOTICE of Motion by Melissa Anne Siebert for presentment of motion in limine #181 , motion in limine #180 before Honorable John Z. Lee on 7/12/2013 at 10:00 AM. (Siebert, Melissa)
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Filing 181
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacherin limine (Siebert, Melissa)
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Filing 180
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausin limine (Siebert, Melissa)
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Filing 179
EXHIBIT by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus regarding memorandum #178 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit 4a, #5 Exhibit 4b, #6 Exhibit 4c, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit 8a, #11 Exhibit 8b, #12 Exhibit 8c, #13 Exhibit 8d, #14 Exhibit, #15 Exhibit, #16 Exhibit)(Siebert, Melissa)
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Filing 178
MEMORANDUM by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus Bank Defendants' Pre-Hearing Memorandum (Siebert, Melissa)
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Filing 177
MINUTE entry before Honorable John Z. Lee:Motion hearing held on 7/3/13. Plaintiff's response to defendants' motion for leave to supplement defendants' opposition to plaintiffs motion for certification and request for Court notification instanter #174 is due by 7/31/13; reply due 8/7/13. The parties should file a joint status report outlining any outstanding issues and propose any new deadlines by 7/26/13. Status hearing set for 7/16/13 is reset for 8/14/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 176
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in Opposition to motion to disqualify counsel #141 (Attachments: #1 Exhibit 7, #2 Exhibit 8)(Buehler, Terrence)
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ALIAS Summons Issued as to Defendant Sharon Wheeler. (daj, )
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Filing 175
NOTICE of Motion by Cameron A Davidson for presentment of motion to supplement #174 before Honorable John Z. Lee on 7/3/2013 at 09:00 AM. (Davidson, Cameron)
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Filing 174
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to supplement (Davidson, Cameron)
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Filing 173
NOTICE of Motion by Cameron A Davidson for presentment of before Honorable John Z. Lee on 7/3/2013 at 09:00 AM. (Davidson, Cameron)
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Filing 172
SUPPLEMENT to motion to certify class #107 , response in opposition to motion,,, #119 (Davidson, Cameron)
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Filing 171
MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held. Evidentiary hearing on defendant's motion to disqualify counsel #141 is set for 7/12/2013 at 10:00 am. Ms. Klaus' deposition is limited to 2 hours and the scope is limited to the conversation underlying the motion to disqualify and shall be completed by 6/17/2013. The deposition shall be by phone. The parties are to file their prehearing briefs by 7/3/2013. Mailed notice (jms, )
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Filing 170
MINUTE entry before Honorable John Z. Lee:Plaintiffs' agreed motion to extend discovery deadlines #163 is granted. Fact discovery deadline is reset to 9/3/13. This shall be the final extension of fact discovery. Rule 26(a)(2) disclosures should be exchanged by 10/8/13. Expert discovery shall close on 11/10/13. The status hearing set for 7/16/13 shall stand. Mailed notice (ca, )
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Filing 169
MINUTE entry before Honorable Jeffrey Cole: Having been entered in error, the minute entry of 5/31/2013 #168 is stricken. Having reviewed the surreply, the court finds it is not an appropriate surreply. Accordingly, the motion for leave to file a surreply #165 is denied. Mailed notice (ma,)
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Filing 168
MINUTE entry before Honorable Jeffrey Cole: Plaintiff's motion for leave to file a surreply #165 is stricken for failure to comply with Local Rule 5.2(f). No courtesy copy of the motion or the proposed sur-reply has ever been provided to the court.Mailed notice (jms, )
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Filing 167
MINUTE entry before Honorable Jeffrey Cole: After reviewing the briefs related to the defendant's motion to disqualify counsel, it is apparent that the protagonists, Ms. Wheeler and Mr. Karen, have very different ideas about the nature of their encounter; an encounter which is central to this matter. Resolution of this issue, then, turns on the credibility of the two. Accordingly, the matter cannot be resolved on the papers and an evidentiary hearing will be required. Cf. Tellabs Operations, Inc. v. Fujitsu Ltd., 882 F.Supp.2d 1053, 1056 (N.D.Ill. 2012). The case is set for status on 6/3/13 at 8:30 a.m. to set a hearing date convenient to the parties and the court.Mailed notice (jms, )
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Filing 166
NOTICE of Motion by Terrence Buehler for presentment of motion for leave to file #165 before Honorable Jeffrey Cole on 6/3/2013 at 08:30 AM. (Buehler, Terrence)
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Filing 165
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for leave to file Plaintiffs' Motion for Leave to File SurReply to Defendant's Motion for Disqualification (Attachments: #1 Exhibit 1)(Buehler, Terrence)
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Filing 164
NOTICE of Motion by Stanley Todman for presentment of extension of time, motion for extension of time to complete discovery #163 before Honorable John Z. Lee on 6/4/2013 at 09:00 AM. (Todman, Stanley)
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Filing 163
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time , MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to complete discovery (Todman, Stanley)
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Filing 162
MINUTE entry before Honorable John Z. Lee:The status hearing set for 5/14/13 is reset for 7/16/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 161
REPLY by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus Defendants' Reply in Support of Their Motion for Disqualification (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Siebert, Melissa)
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Filing 160
MINUTE entry before Honorable John Z. Lee: Defendants' motion for leave to file supplemental authority instanter #157 is granted. No appearance is required on 4/30/13. Mailed notice (ca, )
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Filing 159
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to disqualify counsel #141 Plaintiffs' Opposition to Defendants' Motion to Disqualify (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Buehler, Terrence)
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Filing 158
NOTICE of Motion by Melissa Anne Siebert for presentment of before Honorable John Z. Lee on 4/30/2013 at 09:00 AM. (Siebert, Melissa)
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Filing 157
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to file instanter Motion for Leave to File Supplemental Authority Instanter (Attachments: #1 Exhibit A)(Siebert, Melissa)
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Filing 156
MINUTE entry before Honorable Jeffrey Cole: The plaintiffs have filed a motion for leave to exceed L.R. 7.1 #154 which limits page numbers of briefs to 15 pages without leave of court. The plaintiffs "estimate that they will need at least 21 pages for their Opposition," to the motion, but they do not state how many more pages they will need. The motion concludes by asking the court for permission to file a brief "that exceeds the 15 page limit." In effect the motion seeks open-ended permission to file a brief of however number of pages the plaintiff thinks appropriate. The request comes in the face of a 13 page brief by the defendants. Given the length of the defendants' brief, the defendants' open ended request is denied as submitted. Nonetheless, the defendants may file a brief not to exceed 20 pages and which conforms to the requirements of Local Rule 5.2(c) and (d) regarding the format of briefs. No appearance is necessary on 4/16/13.Mailed notice (jms, )
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Filing 155
NOTICE of Motion by Terrence Buehler for presentment of motion for leave to file excess pages #154 before Honorable Jeffrey Cole on 4/16/2013 at 08:30 AM. (Buehler, Terrence)
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Filing 154
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for leave to file excess pages Motion for Leave to Exceed Local Rule 7.1 (Buehler, Terrence)
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Filing 153
MINUTE entry before Honorable John Z. Lee: Agreed motion for extension of expert discovery deadlines #150 is granted. Rule 26(a)(2) disclosures are to be exchanged by 7/8/13; expert discovery to close on 9/10/13. No appearance is required on 4/10/13. Mailed notice (ca, )
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Filing 152
MINUTE entry before Honorable Jeffrey Cole: On 4/1/13 Judge Lee referred the defendants' motion to disqualify counsel #141 . The plaintiff shall have until April 26, 2013 to file a response. The reply brief shall be due on May 10, 2013. The defendants are instructed to provide a courtesy copy with protruding numbered tabs to chambers at their earliest convenience and tabbed courtesy copies of further briefs must also be delivered as required to Local Rule 5.2.Mailed notice (jms, )
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Filing 151
NOTICE of Motion by Melissa Anne Siebert for presentment of motion for extension of time to complete discovery #150 before Honorable John Z. Lee on 4/10/2013 at 09:00 AM. (Siebert, Melissa)
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Filing 150
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus for extension of time to complete discovery Extension of Expert Discovery Deadlines (Siebert, Melissa)
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Filing 149
EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Jeffrey Cole pursuant to Local Rule 72.1. Conduct hearings and enter appropriate orders on the following pretrial motion/matter: -Perform such additional duties as are not inconsistent with the Constitution and laws of the United States, as specifically set forth below. Signed by Executive Committee on 4/1/2013. (ph, )
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Filing 148
MINUTE entry before Honorable Jeffrey Cole: Motion hearing held. Plaintiff's motion to compel #138 is granted in part and denied in part as discussed in court.Interrogatory #2 is denied; document production requests #10 and 25, are granted except for privileged information supported by a promptly filed privilege log. request #8 is granted to the extent that the additional opt ins must be included.request #15 is deniedrequests to admit #1,2,4,8,19,20,21, and 23 are denied and request to admit #3, 5 are granted as discussed in court. The defendant participated at the hearing today over objection because of its concern that the plaintiff might argue that it constituted a waiver of its pending motion to disqualify plaintiff. I denied that objection and ordered that the hearing proceed. Obviously, the defendants' participation shall not constitute a waiver of the motion to disqualify. With commendable candor, plaintiff's counsel acknowledged that they will make no contention that that participation has any effect on the pending motion to disqualify. The Plaintiff's motion on page 5 alludes to the defendants' claimed failure to "produce electronic discovery" and to schedule depositions. Beyond this generalized assertion, which it is alleged is pursuant to a "self-imposed stay on discovery" designed "to delay this case in hopes that the potential class will dissipate," (Motion at 5-6), there is no amplification of the argument and none of the 11 exhibits supports the claim. Consequently, the argument will not be considered under the familiar principle that skeletal and unsupported arguments are waived. Puffer v. Allstate Ins. Co., 675 F.3d 709, 718 (7th Cir. 2012); Kyles v. J.K. Guardian Sec. Services, 236 F.R.D. 400, 401 (N.D.Ill. 2006)(collecting cases). Any further requests for a judicial ruling on these issues must be preceded by a comprehensive L.R. 37.2 conference. All matters relating to the referral of this case having been resolved, the case is returned to the district judge. Nothing in this order shall, be constituted as expressing any opinion on pre-class certification discovery. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, )
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Filing 147
MINUTE entry before Honorable John Z. Lee: Defendants' motion for disqualification #141 is referred to Magistrate Judge Cole. No appearance is required on 4/2/13.Mailed notice (ca, )
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Filing 146
MINUTE entry before Honorable Jeffrey Cole: The plaintiff has filed a Motion to Compel Responses to Discovery Requests and Depositions #138 . Judge Lee referred the matter here on 3/22/13. The courtesy copy provided to Judge Lee is totally noncompliant with Local Rule 5.2. The Motion has 11 exhibits but there are no protruding tabs as required by Local Rule 5.2(d). Even more significant is the fact that the submission, which in total consists of 130 pages, was submitted unbound in any way, with all the pages simply loosely put in an envelope. The plaintiff is instructed to immediately deliver to chambers a bound courtesy copy of the motion with protruding tabs and that in all other aspects complies fully with Local Rule 5.2. The parties should be aware that if they cannot agree on dates for depositions, the court will set those dates. The parties are further reminded that: discovery, like all matters of procedure, has ultimate and necessary boundaries. Hickman v. Taylor, 329 U.S. 495, 507 (1947). The discovery rules are not an excursion ticket to an unlimited, never-ending exploration of every conceivable matter that captures an attorney's interest. Parties are entitled to a reasonable opportunity to investigate the facts-and no more. Vakharia v. Swedish Covenant Hosp., 1994 WL 75055 at *2 (N.D.Ill.1994)(Moran,J.). See Robinson v. Stanley, 2010 WL 1005736, 5 (N.D.Ill.,2010). The parties are further reminded that boilerplate objections do not count and will result in a waiver. United Auto. Ins. v. Veluchamy, 2010 WL 749980, 5 (N.D.Ill. 2010)(collecting cases). Finally, while the concept of relevancy under Rule 26 is broad, it is not limitless and that the Supreme Court has cautioned judges that the requirement of Rule 26(b)(1) that the materials sought in discovery be relevant should be firmly applied. Herbert v. Lando, 441 U.S. 153 (1979). Failure to exercise that control results in enormous costs to the litigants and to the due administration of justice. Cf. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007); Frank Easterbrook, Discovery as Abuse, 69 B.U.L.Rev. 635 (1989). None of this should be taken as an indication of the court's view of the merits of the motion Judge Lee has sent here. Mailed notice (ma,)
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Filing 145
EXECUTIVE COMMITTEE ORDER: Motion to compel #138 referred to the Honorable Jeffrey Cole. Signed by Executive Committee on 03/22/13. (ef, )
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Filing 144
MINUTE entry before Honorable Jeffrey Cole: The District Court has referred plaintiffs' motion to compel responses to discovery requests and depositions #138 to this court for resolution. Plaintiff's motion #138 will be heard on 4/1/13 at 08:30 a.m. in courtroom 1003. Counsel for all parties directed to appear.Mailed notice (rbf, )
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Filing 143
NOTICE of Motion by Cameron A Davidson for presentment of motion to disqualify counsel #141 before Honorable John Z. Lee on 4/2/2013 at 09:00 AM. (Davidson, Cameron)
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Filing 142
MEMORANDUM IN SUPPORT OF MOTION FOR DISQUALIFICATION (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Davidson, Cameron)
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Filing 141
MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus, Sharon Wheeler to disqualify counsel (Davidson, Cameron)
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Filing 140
MINUTE entry before Honorable John Z. Lee: Plaintiffs' motion to compel responses to discovery requests and depositions #138 is referred to Magistrate Judge Cole. Mailed notice (ca, )
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Filing 139
NOTICE of Motion by Stanley Todman for presentment of motion to compel, #138 before Honorable John Z. Lee on 4/2/2013 at 09:00 AM. (Todman, Stanley)
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Filing 138
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to compel (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)(Todman, Stanley)
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Filing 137
NOTICE by Marc Kramer, Matt Nyman, Kiril Trajcevski Consent to Join Paloumpis (Attachments: #1 Consent to Join)(Todman, Stanley)
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Filing 135
MINUTE entry before Honorable John Z. Lee: The Court grants plaintiffs' motion for leave to file excess pages (five pages) #133 , but reminds plaintiffs that any such motion in the future shall be filed prior to the filing of any brief. No appearance is necessary on the motion. Mailed notice (ca, )
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Filing 136
MINUTE entry before Honorable John Z. Lee: Motion hearing held on 3/5/13. Motion to extend discovery deadlines #126 is granted in part and denied in part. Fact discovery shall close on 6/3/13. Status hearing set for 5/14/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 134
NOTICE of Motion by Terrence Buehler for presentment of motion for leave to file excess pages #133 before Honorable John Z. Lee on 3/12/2013 at 09:00 AM. (Buehler, Terrence)
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Filing 133
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for leave to file excess pages For leave to Exceed Local Rule 7.1 (Buehler, Terrence)
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Filing 132
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Support of MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to certify class Pursuant to Section 216(b) #107 (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Text of Proposed Order Proposed Order)(Todman, Stanley)
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Filing 131
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Support of MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to certify class Pursuant to Section 216(b) #107 (Attachments: #1 Exhibit Ex 4, #2 Exhibit Ex 5, #3 Exhibit Ex 6, #4 Exhibit Ex 7, #5 Exhibit Ex 8, #6 Exhibit Ex 9)(Todman, Stanley)
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Filing 130
NOTICE of Motion by Terrence Buehler for presentment of motion for extension of time to complete discovery #126 before Honorable John Z. Lee on 3/5/2013 at 09:00 AM. (Buehler, Terrence)
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Filing 129
REPLY by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to Motion to Dismiss for Failure to State a Claim #98 , Motion to Dismiss for Failure to State a Claim, motion to strike, motion for relief #112 (Attachments: #1 Exhibit Unreported Cases)(McIlwee, John)
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Filing 128
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Support of MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril TrajcevskiToll Statute of Limitations #103 (Attachments: #1 Exhibit 1)(Todman, Stanley)
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Filing 127
NOTICE of Motion by Stanley Todman for presentment of (Todman, Stanley)
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Filing 126
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to complete discovery (Todman, Stanley)
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Filing 125
TRANSCRIPT OF PROCEEDINGS held on 10/25/2012 before the Honorable John Z. Lee. Court Reporter Contact Information: ALEXANDRA ROTH (312) 408-5038, alexandra_roth@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/15/2013. Redacted Transcript Deadline set for 3/25/2013. Release of Transcript Restriction set for 5/23/2013. (Roth, Alexandra)
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Filing 124
RESPONSE by Marc Kramer, Matt Nyman, Kiril Trajcevskiin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMMOTION by Defendant Dale Dollenbacher to strike amended complaint #84 's Jury Demands on Counts II, III & IV #112 (Todman, Stanley)
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Filing 123
MINUTE entry before Honorable John Z. Lee: The Court grants defendants' motion for leave to file instanter unpublished authority cited in defendants' response in opposition to plaintiffs' motion for conditional certification of collective action #121 . No appearance on the motion is necessary. Mailed notice (ca, )
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Filing 122
NOTICE of Motion by John Conlaeth McIlwee for presentment of motion for leave to file, #121 before Honorable John Z. Lee on 2/26/2013 at 09:00 AM. (McIlwee, John)
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Filing 121
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus for leave to file Unpublished Authority Cited in Defendants' Response in Opposition to Plaintiffs' Motion for Conditional Certification of Collective Action (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6)(McIlwee, John)
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Filing 120
RESPONSE by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus to Plaintiffs' Proposed Notice (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Siebert, Melissa)
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Filing 119
RESPONSE by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausin Opposition to MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to certify class Pursuant to Section 216(b) #107 (Attachments: #1 Exhibit Declaration of Andrea Ryckeghem, #2 Exhibit 8-A, #3 Exhibit 8-B, #4 Exhibit 8-C, #5 Exhibit 8-D, #6 Exhibit 8-E, #7 Exhibit 8-F, #8 Exhibit 8-G, #9 Exhibit 8-H, #10 Exhibit 8-I, #11 Exhibit 8-J, #12 Exhibit 8-K, #13 Exhibit 8-L, #14 Exhibit 8-M, #15 Exhibit 8-N, #16 Exhibit 8-O, #17 Exhibit 8-P, #18 Exhibit M. Nyman Excerpts, #19 Exhibit M. Kramer Excerpts, #20 Exhibit Declaration of Eugene Weis, #21 Exhibit Declaration of Daniel Sievers)(McIlwee, John)
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Filing 118
NOTICE by Marc Kramer, Matt Nyman, Kiril Trajcevski Consents to Join (Attachments: #1 Exhibit Jarzembowski Consent to Join, #2 Exhibit Sommese Consent to Join, #3 Exhibit Tripp Consent to Join, #4 Exhibit Lesher Consent to Join)(Todman, Stanley)
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Filing 117
RESPONSE by American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klausin Opposition to MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril TrajcevskiToll Statute of Limitations #103 (Attachments: #1 Exhibit A Part 1 of 3, #2 Exhibit A Part 2 of 3, #3 Exhibit A Part 3 of 3)(Siebert, Melissa)
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Filing 116
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in Opposition to motion to strike, motion for relief, Motion to Dismiss for Failure to State a Claim #98 (Todman, Stanley)
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Filing 115
MINUTE entry before Honorable John Z. Lee: Plaintiff's response to defendants' motion to dismiss for failure to state a claim #112 is due by 2/27/2013; defendants will have until 3/13/13 to file a reply. No appearance is required on the motion hearing set for 2/14/13. Mailed notice (ca, )
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Filing 114
ATTORNEY Appearance for Defendant Dale Dollenbacher by Melissa Anne Siebert (Siebert, Melissa)
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Filing 113
NOTICE of Motion by John Conlaeth McIlwee for presentment of Motion to Dismiss for Failure to State a Claim, motion to strike, motion for relief #112 before Honorable John Z. Lee on 2/14/2013 at 09:00 AM. (McIlwee, John)
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Filing 112
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION by Defendant Dale Dollenbacher to strike amended complaint #84 's Jury Demands on Counts II, III & IV (McIlwee, John)
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Filing 111
ATTORNEY Appearance for Defendant Dale Dollenbacher by John Conlaeth McIlwee (McIlwee, John)
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Filing 110
MINUTE entry before Honorable John Z. Lee: Plaintiffs' motion for conditional class certification #107 is taken under advisement, and after it is fully briefed, the motion for conditional class certification will be addressed at the next status hearing. No appearance is necessary on 1/29/13 at 9 a.m. Mailed notice (ca, )
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Filing 109
NOTICE of Motion by Terrence Buehler for presentment of motion to certify class #107 before Honorable John Z. Lee on 1/29/2013 at 09:00 AM. (Buehler, Terrence)
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Filing 108
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in support of motion to certify class #107 Pursuant to Section 216(b) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Buehler, Terrence)
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Filing 107
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to certify class Pursuant to Section 216(b) (Attachments: #1 Exhibit A, #2 Exhibit B)(Buehler, Terrence)
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Filing 106
MINUTE entry before Honorable John Z. Lee: Briefing on the motion to strike certain jury demands #98 should be incorporated in the briefing on the motion to dismiss #98 . Mailed notice (ca, )
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Filing 105
MINUTE entry before Honorable John Z. Lee: Motion hearing held on 1/22/13. Agreed motion to set discovery deadlines #94 is granted. Rule 26(a)(2) disclosures are to be exchanged by 4/8/13; expert discovery to close on 6/10/13; dispositive motion deadline is 7/22/13. Plaintiffs' response to Defendant's motion to dismiss is due by 2/12/13; reply due 2/26/13. Ruling will be by mail. No appearance is required on 1/24/13. Plaintiffs' motion for clarification of order or, in the alternative, to reinstate motion for certification pursuant to section 216 #101 is denied for the reasons stated on the record. Plaintiff is directed to file a motion for conditional certification based upon the amended complaint by 1/25/13; Defendant to respond by 2/15/13; Plaintiff to reply due 3/1/13. Defendants' response to Plaintiffs' motion to toll the statute of limitations #103 is due by 2/12/13; reply due 2/26/13. Status hearing set for 4/23/13 at 9:00 a.m. Mailed notice (ca, )
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Filing 104
ATTORNEY Appearance for Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski by Daniel K. Touhy (Touhy, Daniel)
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Filing 103
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to Toll Statute of Limitations (Buehler, Terrence)
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Filing 102
NOTICE of Motion by Terrence Buehler for presentment of motion to clarify #101 before Honorable John Z. Lee on 1/29/2013 at 09:00 AM. (Buehler, Terrence)
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Filing 101
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to clarify Order of December 7, 2012 (Attachments: #1 Exhibit A)(Buehler, Terrence)
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MOTION to strike certain jury demands. (Omitted Relief from motion #98 .) (ph, )
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Filing 100
NOTICE of Motion by John Conlaeth McIlwee for presentment of Motion to Dismiss for Failure to State a Claim #98 before Honorable John Z. Lee on 1/24/2013 at 09:00 AM. (McIlwee, John)
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Filing 99
MEMORANDUM by American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus in support of Motion to Dismiss for Failure to State a Claim #98 (Attachments: #1 Exhibit Legal Authorities)(McIlwee, John)
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Filing 98
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND TO STRIKE CERTAIN JURY DEMANDS (McIlwee, John)
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Filing 97
SUMMONS Returned Executed by Matt Nyman, Kiril Trajcevski, Marc Kramer as to Dale Dollenbacher on 1/15/2013, answer due 2/5/2013. (Buehler, Terrence)
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Filing 96
NOTICE of Motion by John Conlaeth McIlwee for presentment of motion for discovery #94 before Honorable John Z. Lee on 1/22/2013 at 09:00 AM. (McIlwee, John)
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Filing 95
NOTICE of Motion by Cameron A Davidson for presentment of motion for discovery #94 before Honorable John Z. Lee on 1/22/2013 at 09:30 AM. (Davidson, Cameron)
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Filing 94
MOTION by Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Dale Dollenbacher, Julie Klaus for discovery Agreed Motion to Set Discovery Deadlines (Davidson, Cameron)
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Filing 93
NOTICE by All Plaintiffs of Stipulation of Extension (Todman, Stanley)
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Filing 92
STIPULATION of Extension (Todman, Stanley)
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Filing 91
NOTICE by American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus re stipulation #90 Notice of Filing of Agreed Stipulation (Siebert, Melissa)
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Filing 90
STIPULATION Agreed Stipulation of Extension of Defendants' Deadline to Answer Second Discovery Requests (Siebert, Melissa)
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Filing 89
MINUTE entry before Honorable John Z. Lee: By agreement of the parties, the status hearing set for 12/18/12 is reset for 1/22/13 at 9:00 a.m. Mailed notice (ca, )
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SUMMONS Issued as to Defendants Dale Dollenbacher, Sharon Wheeler (jh, )
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Filing 88
NOTICE by American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus re stipulation #87 (McIlwee, John)
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Filing 87
STIPULATION TO EXTENSION OF PARTIES' DEADLINE TO RESPOND/OBJECT TO DISCOVERY (McIlwee, John)
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Filing 86
NOTICE by John Conlaeth McIlwee of Change of Address (McIlwee, John)
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Filing 85
MINUTE entry before Honorable John Z. Lee: Because the Court granted plaintiff's unopposed motion for leave to file an amended complaint, it strikes without prejudice the pending motions as to the original complaint [doc. nos. 4, 25, 27]. Defendant may refile or amend these motions as needed. Mailed notice (ca, )
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Filing 84
AMENDED complaint by Marc Kramer, Matt Nyman, Kiril Trajcevski against American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus, Sharon Wheeler, Dale Dollenbacher. (lw, )
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Filing 83
MINUTE entry before Honorable John Z. Lee: Motion hearing held on 12/6/12. Plaintiff's motion for leave to file amended complaint #79 is granted without objection. Defendant's oral motion for extension of time to answer or otherwise plead is granted; answer or responsive pleading is due by 1/18/13. Mailed notice (ca, )
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Filing 82
ATTORNEY Appearance for Defendants American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus by John Conlaeth McIlwee (McIlwee, John)
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Filing 81
Stipulation of Extension of Parties Deadline to Answer Discovery by American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus (Davidson, Cameron)
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Filing 80
NOTICE of Motion by Terrence Buehler for presentment of motion for leave to file #79 before Honorable John Z. Lee on 12/6/2012 at 09:00 AM. (Buehler, Terrence)
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Filing 79
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for leave to file Amended Complaint (Attachments: #1 Exhibit 1)(Buehler, Terrence)
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Filing 78
AGREED Protective Order Signed by the Honorable John Z. Lee on 11/28/2012Mailed notice(ca, ).
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Filing 77
MINUTE entry before Honorable John Z. Lee: Enter agreed protective order. Mailed notice (ca, )
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Filing 76
NOTICE by All Defendants Filing Stipulation of Extension Deadline to Answer Discovery (Davidson, Cameron)
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Filing 75
MINUTE entry before Honorable John Z. Lee:Defendant's motion to withdraw as attorney #73 is granted, Attorney Robert R. Brown terminated. No appearance is required on 11/27/12 at 9:00 a.m.Mailed notice (ca, )
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Filing 74
NOTICE of Motion by Robert R. Brown for presentment of motion to withdraw as attorney #73 before Honorable John Z. Lee on 11/27/2012 at 09:00 AM. (Brown, Robert)
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Filing 73
MOTION by counsel for Defendants American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus to withdraw as attorney (Brown, Robert)
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Filing 72
NOTICE by Melissa Anne Siebert of Change of Address (Siebert, Melissa)
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Filing 71
MINUTE entry before Honorable John Z. Lee:Status hearing held on 10/25/2012. The parties' oral motion for a three month extension of discovery is granted. Fact discovery to close by 3/3/13. Status hearing set for 12/18/12 at 9:00 a.m. Mailed notice (ca, )
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Filing 70
MINUTE entry before Honorable John Z. Lee: Status hearing held on 8/29/2012. Parties report they had a settlement conference before Magistrate Judge Cole but were unable to reach a settlement. Status hearing set for 10/25/12 at 9:00 a.m. Mailed notice (ca, )
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Filing 69
Correspondence to the Court by Marc Kramer, Matt Nyman, Kiril Trajcevski (Todman, Stanley)
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Filing 68
MINUTE entry before Honorable Jeffrey Cole:Settlement conference held. The parties report that the case is not settleable. All matters relating to the referral of this case having been completed, the case is returned to the district judge. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, )
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Filing 67
MINUTE entry before Honorable Jeffrey Cole: A settlement conference is scheduled for 8/15/2012. On Aug 13, 2012, plaintiff lawyer wrote a letter with 3 untabbed exhibits [in violation of our Local Rule 5.2(d)] seeking to cancel the settlement conference because, in his view, the defendants actions "reflect they have no intention of engaging in meaningful settlement discussions" that motion is denied. The order setting the conference [#61] could not be clearer. It requires a "written motion" in the event any party seeks to cancel the conference or vary any of the procedures in my standing order for settlement conferences. Perhaps the conference will be unsuccessful, many are. But it is worth the effort to proceed. Mailed notice (jms, )
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Filing 66
MINUTE entry before Honorable John Z. Lee: The status hearing scheduled for 8/15/12 at 9:15 a.m. is reset for 8/29/12 at 9:15 a.m.Mailed notice (ca, )
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Filing 65
MINUTE entry before Honorable John Z. Lee: The Court grants Timothy Lynch's motion for leave to appear pro hac vice #64 . Mailed notice (ca, )
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Filing 64
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-7345712. (Lynch, Timothy)
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Filing 63
REPLY by Marc Kramer, Matt Nyman, Kiril Trajcevski to Response, #50 (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Todman, Stanley)
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Filing 62
REPLY by Marc Kramer, Matt Nyman, Kiril Trajcevski to response in opposition to motion,, #49 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Todman, Stanley)
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Filing 61
MINUTE entry before Honorable Jeffrey Cole:Magistrate Judge Status hearing held. Settlement Conference set for 8/15/2012 at 01:30 PM. All parties are directed to refer to and must review my "Instructions and Procedures for Settlement Conferences," available at "www.ilnd.uscourts.gov" and to comply with its directives before appearing at the settlement conference. Parties with FULL AUTHORITY to settle must be personally present at the conference. A member of either parties in-house legal department shall not qualify as a person with full authority. Participation by telephone will not be permitted as explained in my Instructions and Procedures for Settlement Conferences. Failure to comply with this requirement may result in a substantial monetary sanction and may necessitate the cancellation and resetting of the conference with the attendant additional costs associated with the rescheduled conference not only those of the non-compliant party, but also those incurred by the compliant party. As provided in the instructions, plaintiff's counsel shall deliver copies of the required settlement letters to chambers from both plaintiff and defendant by no later than (4) calendar days before the conference. All settlement documents must have protruding tabs separating exhibits or attachments, pursuant to Local Rule 5.2(e). Non-compliance with the 4-day Rule makes it difficult and often impossible for the conference to proceed effectively. Failure to comply with the 4-day Rule may necessitate cancellation of the conference. Parties cannot unilaterally agree to cancel a scheduled settlement conference. Permission not to proceed must be obtained from the court pursuant to written motion, and any party wishing to vary any of the procedures set forth in the standing order must make an appropriate request by written motion prior to the exchange of settlement letters described above. A settlement demand that is equal to what the plaintiff thinks is recoverable at trial is not a good faith settlement demand, and a defendants response must contain a counter offer, unless of course, the defendant does not intend to pay any amount, which is his/her right.Mailed notice (jms, )
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Filing 60
MINUTE entry before Honorable John Z. Lee: Minute Order dated 6/20/12 #57 is amended as follows: As stated in open court, plaintiffs' voluntary dismiss defendant James Allen with prejudice. Mailed notice (ca, )
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Filing 59
MINUTE entry before Honorable Jeffrey Cole: Status hearing is set for 7/2/2012 at 08:30 AM to set a settlement conference date.Mailed notice (jms, )
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Filing 58
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: Settlement conference.(ca, ). Mailed notice.
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Filing 56
MINUTE entry before Honorable John Z. Lee: The court grants plaintiffs' motion for extension of time to file their reply in support of the motion to certify class and request for court notification to potential class members to and including July 3, 2012 #54 . Parties need not appear at the motion hearing. Mailed notice (ca, )
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Filing 55
NOTICE of Motion by Stanley Todman for presentment of (Todman, Stanley)
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Filing 54
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for extension of time to file response/reply as to Response, #50 , response in opposition to motion,, #49 (Todman, Stanley)
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Filing 57
MINUTE entry before Honorable John Z. Lee: Status hearing held on 6/20/12. Motion for partial summary judgment #47 is denied without prejudice. At the parties' request, this case is referred to Magistrate Judge Jeffrey Cole for settlement conference. Status hearing set for 8/15/2012 at 9:15 a.m. Mailed notice (ca, )
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Filing 53
NOTICE of Motion by Terrence Buehler for presentment of motion for partial summary judgment, #47 before Honorable John Z. Lee on 6/21/2012 at 09:15 AM. (Buehler, Terrence)
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Filing 52
RULE 56 56.1(a)(3) Statement by Marc Kramer, Matt Nyman, Kiril Trajcevski regarding motion for partial summary judgment, #47 (Attachments: #1 Exhibit F)(Buehler, Terrence)
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Filing 51
STATUS Report (Initial Reassignment Joint Status Report) by American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus (Siebert, Melissa)
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Filing 50
RESPONSE by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus to motion to certify class #4 Response to Plaintiffs' Proposed Notice (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Davidson, Cameron)
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Filing 49
RESPONSE by American Bank and Trust Company, N.A., Harry S. Coin, Julie Klausin Opposition to MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to certify class Pursuant to Section 216(b) and Request for Court Notification to Potential Class Members #4 (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)(Davidson, Cameron)
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Filing 48
NOTICE by American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus (Attachments: #1 Notice of Filing Stipulation of Dismissal)(Davidson, Cameron)
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Filing 47
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski for partial summary judgment (Attachments: #1 Supplement Memorandum In Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Text of Proposed Order)(Todman, Stanley)
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Filing 46
MINUTE entry before Honorable John Z. Lee: This case having been reassigned to Judge Lee's calendar, the initial reassignment status hearing is set for June 20 at 11:00 a.m. Lead counsel is directed to appear at this status hearing. Parties shall prepare and file an Initial Reassignment Joint Status Report on or before Friday, June 15, 2012, and provide a courtesy copy to the Courtroom Deputy by 4:00 p.m. on that date. The requirements for an Initial Reassignment Joint Status Report can be found at Judge Lee's website. Plaintiff is to advise all other parties of the court's action herein. Mailed notice (ca, )
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Filing 44
MINUTE entry before Honorable Ronald A. Guzman:Status hearing set for 6/13/12 is stricken as case is being reassigned to Judge Lee. Mailed notice (cjg, )
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Filing 45
EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on May 18, 2012, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John Z. Lee, therefore IT IS HEREBY ORDERED That the attached list of 323 cases be reassigned to the Honorable John Z. Lee IT IS FURTHER ORDERED that this order shall become effective on Tuesday, June 5, 2012. Case reassigned to the Honorable John Z. Lee for all further proceedings. Signed by Executive Committee on 6/1/2012. Mailed Notice (td, )
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Filing 43
MINUTE entry before Honorable Ronald A. Guzman: Notice of motion set for 5/29/12 is stricken. Agreed motion by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus for extension of time #41 is granted. Reset deadlines as to motion to certify class #4 : Responses due by 6/12/2012. Replies due by 6/26/2012. Ruling to be by mail. Mailed notice (cjg, )
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Filing 42
NOTICE of Motion by Melissa Anne Siebert for presentment of extension of time #41 before Honorable Ronald A. Guzman on 5/29/2012 at 09:30 AM. (Siebert, Melissa)
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Filing 41
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus for extension of time (Agreed Motion) (Siebert, Melissa)
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Filing 40
REPLY by Defendants American Bank and Trust Company, N.A., Harry S. Coin to Motion to Dismiss for Failure to State a Claim #27 (Attachments: #1 Exhibit 1)(Siebert, Melissa)
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Filing 39
REPLY by Defendant Julie Klaus to memorandum in support of motion #26 , motion to dismiss/lack of jurisdiction #25 (Siebert, Melissa)
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Filing 38
NOTICE of Correction regarding document number 37. (jdh)
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Filing 37
MINUTE entry before Honorable Ronald A. Guzman: Status hearing held on 4/13/2012. Set deadlines as to motion by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to certify class Pursuant to Section 216(b) and Request for Court Notification to Potential Class Members #4 : Responses due by 5/29/2012. Replies due by 6/12/2012. Ruling to be by mail. Status hearing set for 6/13/2012 at 09:30 AM. Mailed notice (cjg, ) (Main Document 37 replaced on 4/16/2012) (jdh, ).
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Filing 36
Notice of Consent to Join by Marc Kramer, Matt Nyman, Kiril Trajcevski (Attachments: #1 Supplement Consent to Join)(Todman, Stanley)
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Filing 35
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in Opposition to motion to dismiss/lack of jurisdiction #25 (Attachments: #1 Exhibit AB&T Locations, #2 Affidavit Leyden Affidavit, #3 Affidavit Gennarelli Affidavit)(Todman, Stanley)
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Filing 34
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in Opposition to Motion to Dismiss for Failure to State a Claim #27 (Todman, Stanley)
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Filing 33
MINUTE entry before Honorable Ronald A. Guzman: Status hearing reset to 4/13/2012 at 09:30 AM. on Court's own motion.Mailed notice (cjg, )
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Filing 32
STATUS Report Joint Discovery Plan by Marc Kramer, Matt Nyman, Kiril Trajcevski (Todman, Stanley)
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Filing 31
Notice of Consent to Join by Marc Kramer, Matt Nyman, Kiril Trajcevski (Attachments: #1 Declaration Consent to Join Nicholas Benhart)(Todman, Stanley)
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Filing 30
MINUTE entry before Honorable Ronald A. Guzman: Notices of motions set for 3/15/12 are stricken. Set deadlines as to motion by Defendant Julie Klaus to dismiss for lack of jurisdiction [l12(b)(2)] #25 , Motion TO DISMISS FOR FAILURE TO STATE A CLAIM (Counts I, II, and III) #27 : Responses due by 4/3/2012. Replies due by 4/17/2012. Status hearing reset to 3/28/2012 at 09:30 AM. on Court's own motion. Mailed notice (cjg, )
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Filing 29
ANSWER to Complaint with Jury Demand by American Bank and Trust Company, N.A., Harry S. Coin(Davidson, Cameron)
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Filing 28
NOTICE of Motion by Joel Christopher Griswold for presentment of motion to dismiss/lack of jurisdiction #25 , Motion to Dismiss for Failure to State a Claim #27 before Honorable Ronald A. Guzman on 3/15/2012 at 09:30 AM. (Griswold, Joel)
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Filing 27
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Counts I, II, and III) (Griswold, Joel)
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Filing 26
MEMORANDUM by Julie Klaus in support of motion to dismiss/lack of jurisdiction #25 (Attachments: #1 Exhibit 1 (Julie Klaus Declaration))(Griswold, Joel)
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Filing 25
MOTION by Defendant Julie Klaus to dismiss for lack of jurisdiction [l12(b)(2)] (Griswold, Joel)
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Filing 24
ATTORNEY Appearance for Defendant Harry S. Coin by Joel Christopher Griswold (Griswold, Joel)
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Filing 23
ATTORNEY Appearance for Defendants American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus by Abbey Chun Furlong (Furlong, Abbey)
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Filing 22
ATTORNEY Appearance for Defendant Harry S. Coin by Melissa Anne Siebert (Siebert, Melissa)
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Filing 21
ATTORNEY Appearance for Defendant Harry S. Coin by Robert R. Brown (Brown, Robert)
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Filing 20
APPEARANCE by Harry S. Coin (Davidson, Cameron)
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Filing 19
ATTORNEY Appearance for Defendants American Bank and Trust Company, N.A., Julie Klaus by Joel Christopher Griswold (Griswold, Joel)
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Filing 18
ATTORNEY Appearance for Defendants American Bank and Trust Company, N.A., Julie Klaus by Robert R. Brown (Brown, Robert)
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Filing 17
ATTORNEY Appearance for Defendants American Bank and Trust Company, N.A., Julie Klaus by Melissa Anne Siebert (Siebert, Melissa)
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Filing 16
MINUTE entry before Honorable Ronald A. Guzman: The Defendants American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus have filed a motion, but have not provided a notice of motion as required. The Court will overlook this deficiency this time, but advises to comply in the future. Motion by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus for extension of time #14 is granted to and including 3/12/12. Status hearing reset to 3/21/2012 at 09:30 AM. Mailed notice (cjg, )
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Filing 15
MINUTE entry before Honorable Ronald A. Guzman: Application for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6719988. (Karen, Ari) #7 is granted. Application for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6720028. (Todman, Stanley) #8 is granted. Mailed notice (cjg, )
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Filing 14
MOTION by Defendants American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus for extension of time (Davidson, Cameron)
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Filing 13
ATTORNEY Appearance for Defendants American Bank and Trust Company, N.A., Julie Klaus by Cameron A Davidson (Davidson, Cameron)
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Filing 12
SUMMONS Returned Executed by Marc Kramer, Matt Nyman, Kiril Trajcevski as to Julie Klaus on 1/19/2012, answer due 2/9/2012. (Buehler, Terrence)
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Filing 11
SUMMONS Returned Executed by Marc Kramer, Matt Nyman, Kiril Trajcevski as to Harry S. Coin on 1/19/2012, answer due 2/9/2012. (Buehler, Terrence)
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Filing 10
SUMMONS Returned Executed by Marc Kramer, Matt Nyman, Kiril Trajcevski as to James Allen on 1/19/2012, answer due 2/9/2012. (Buehler, Terrence)
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Filing 9
SUMMONS Returned Executed by Marc Kramer, Matt Nyman, Kiril Trajcevski as to American Bank and Trust Company, N.A. on 1/19/2011, answer due 2/9/2011. (Buehler, Terrence)
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SUMMONS Issued as to Defendants James Allen, American Bank and Trust Company, N.A., Harry S. Coin, Julie Klaus (nsf, )
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Filing 8
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6720028. (Todman, Stanley)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-6719988. (Karen, Ari)
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Filing 6
MINUTE entry before Honorable Ronald A. Guzman: The Court orders the parties to appear for an initial status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. Status hearing set for 2/10/2012 at 09:30 AM.Mailed notice (cjg, )
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Filing 5
MEMORANDUM by Marc Kramer, Matt Nyman, Kiril Trajcevski in support of motion to certify class #4 Pursuant to Section 216(b) and Request for Court Notification to Potential Class Members (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Buehler, Terrence)
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Filing 4
MOTION by Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski to certify class Pursuant to Section 216(b) and Request for Court Notification to Potential Class Members (Attachments: #1 Exhibit A, #2 Exhibit B)(Buehler, Terrence)
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Filing 3
ATTORNEY Appearance for Plaintiffs Marc Kramer, Matt Nyman, Kiril Trajcevski by Terrence Buehler (Buehler, Terrence)
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Filing 2
CIVIL Cover Sheet (Buehler, Terrence)
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Filing 1
COMPLAINT filed by Marc Kramer, Matt Nyman, Kiril Trajcevski; Jury Demand. Filing fee $ 350, receipt number 0752-6644509.(Buehler, Terrence)
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CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Jeffrey Cole. (nsf, )
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