Astor Professional Search, LLC v. MegaPath, Inc.
| Astor Professional Search, LLC |
| MegaPath, Inc. |
| 1:2012cv02313 |
| March 28, 2012 |
| U.S. District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Joan H Lefkow |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 12, 2015. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 81 MINUTE entry before the Honorable Joan H. Lefkow:Pursuant to Stipulation #79 , case is dismissed with prejudice as to Plaintiff's individual claims, and without prejudice as to the class claims. Except as otherwise agreed, each party shall bear its own costs and expenses, including attorneys' fees. Status hearing of 2/24/2015 is stricken. Civil case terminated. Mailed notice (mad, ) |
| Filing 80 MINUTE entry before the Honorable Joan H. Lefkow:Status hearing of 2/17/2015 is stricken and reset for 2/24/2015 at 11:00 AM.Mailed notice (mad, ) |
| Filing 79 STIPULATION of Dismissal (Barbakoff, Gregg) |
| Filing 78 MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 1/20/2015 and continued to 2/17/2015 at 11:00 AM.Mailed notice (mad, ) |
| Filing 77 MINUTE entry before the Honorable Geraldine Soat Brown: Counsel for the parties report that they have reached a settlement agreement. Accordingly, and at the parties' request, the status hearing on Plaintiff's Motion to Compel ESI Search and for Sanctions #69 previously set for 12/17/14 at 9:00 a.m. is hereby stricken. Plaintiff's Motion to Compel ESI Search and for Sanctions #69 is moot. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Notices mailed by Judicial Staff. (et, ) |
| Filing 76 REPLY by Astor Professional Search, LLC to response in opposition to motion #75 , MOTION by Plaintiff Astor Professional Search, LLC to compel and for sanctions #69 (Attachments: #1 Exhibit A)(Barbakoff, Gregg) |
| Filing 75 RESPONSE by MegaPath, Inc.in Opposition to MOTION by Plaintiff Astor Professional Search, LLC to compel and for sanctions #69 (Attachments: #1 Declaration of David M. Poell, #2 Declaration of Katherine Mudge)(Poell, David) |
| Filing 74 MINUTE entry before the Honorable Geraldine Soat Brown: This matter having been referred to Magistrate Judge Geraldine Soat Brown for proceedings with respect to Plaintiff's Motion to Compel ESI Search and for Sanctions #69 , a hearing is hereby set before Magistrate Judge Brown on 12/17/14 at 9:00 a.m. in Courtroom 1812. Movant's counsel shall provide Judge Brown with a courtesy copy of the motion (bound on the left side with protruding tabs for exhibits) no later than 12/3/14. Courtesy copies of the response and reply shall be provided to Judge Brown at the time they are filed. Notices mailed by Judicial Staff. (et, ) |
| Filing 73 EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Geraldine Soat Brown for Motion #69 . Signed by Executive Committee on 11/25/2014. (jh, ) |
| Filing 72 MINUTE entry before the Honorable Joan H. Lefkow:Motion hearing held on 11/25/2014 regarding plaintiff's motion to compel #69 . Response will be due by 12/5/2014. Reply will be due by 12/12/2014. Motion will be referred to a magistrate judge. Defendant's oral motion to extend time to 1/20/2015 by which to designate experts is granted. Status hearing held on 11/25/2014 and continued to 1/20/2015 at 11:00 AM.Mailed notice (mad, ) |
| Filing 71 ATTORNEY Appearance for Defendant MegaPath, Inc. by Mark Stephen Eisen (Eisen, Mark) |
| Filing 70 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion to compel, #69 before Honorable Joan H. Lefkow on 11/25/2014 at 11:00 AM. (Barbakoff, Gregg) |
| Filing 69 MOTION by Plaintiff Astor Professional Search, LLC to compel and for sanctions (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)(Barbakoff, Gregg) |
| Filing 68 MINUTE entry before the Honorable Jeffrey Cole:Settlement conference held. Despite the sincere efforts of counsel and the parties, a settlement could not be reached and indeed, it is apparent that no settlement of this case is possible. All matter relating to the referral of this case having been resolved, the referral is closed and the case returned to Judge Lefkow. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, ) |
| Filing 67 MINUTE entry before the Honorable Joan H. Lefkow: Status hearing of 11/18/2014 is reset for 11/25/2014 at 11:00 AM.Mailed notice (mad, ) |
| Filing 66 MINUTE entry before the Honorable Jeffrey Cole: Minute entry of 9/11/2014 #65 having been entered incorrectly is stricken. Motion hearing held on 9/11/2014. Plaintiff's Motion for Class Representative to Be Excused from Physically Appearing at Settlement Conference #62 is granted. Mailed notice (jms, ) |
| Filing 65 MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. As discussed in open court, Plaintiff's Motion to Compel Defendant to Produce Contents of Its Thailand Server 227 is granted in part and denied in part. Mailed notice (jms, ) . |
| Filing 64 MINUTE entry Settlement Conference set for 11/13/2014 at 01:00 PM in Courtroom 1003. This is a firm date. Any request to alter this date MUST BE MADE BY MOTION AND NOTICED FOR HEARING. By 10/27/2014, plaintiff shall submit a written settlement demand to defendant, which provides a comprehensive assessment of the facts and applicable legal principles. By 11/3/2014, defendant will respond in kind with its offer and a comprehensive assessment of the facts and the applicable law. The demand and offer must reflect a good-faith assessment of the merits of the case, the risk inherent in the litigation, and the expense and delay (including dispositive motions, expert discovery, pretrial preparation, trial, post-trial motions, and appeal) of pursuing the cause rather than resolving it. 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. 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. FULL AUTHORITY DOES NOT MEAN PRESCRIBED AUTHORITY BEYOND WHICH THE PERSON ATTENDING THE CONFERENCE MAY NOT PROCEED WITHOUT FURTHER CONSULTATION. A member of either parties in-house legal department shall not qualify as a person with full authority. 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 provided in the instructions, plaintiff's counsel shall deliver copies of the required settlement letters to the courtroom deputy in Room 1010 from both plaintiff and defendant by no later than (4) business 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. FAILURE OF THE PARTIES TO COMPLY WITH ANY OF THE REQUIREMENTS OF THIS ORDER, MAY NECESSITATE IN THE SETTLEMENT CONFERENCE BEING STRICKEN, AND THE PARTIES RESUBMITTING SETTLEMENT POSITION LETTERS. IT MAY ALSO RESULT IN A SUBSTANTIAL MONETARY SANCTION WITH THE NON-COMPLIANT PARTY BEING RESPONSIBLE FOR ANY FEES AND COSTS INCURRED BY THE COMPLIANT PARTY. In support of their settlement demands, each party must submit evidence of at least three settlements or verdicts in comparable cases.Mailed notice (jms, ) |
| Filing 63 NOTICE of Motion by Joseph J Siprut for presentment of motion for miscellaneous relief #62 before Honorable Jeffrey Cole on 9/11/2014 at 08:30 AM. (Siprut, Joseph) |
| Filing 62 MOTION by Plaintiff Astor Professional Search, LLCExcuse Class Representative from Physically Appearing at Settlement Conference (Siprut, Joseph) |
| Filing 61 MINUTE entry before the Honorable Jeffrey Cole: The parties are directed to conference call the courtroom deputy at 312-408-5178 by 9/8/2014 to set a settlement conference date. The parties are directed to contact their respective clients in advance of the of the conference call to procure 3 or 4 dates that they and the principals are available for a settlement conference between 11/5/2014 and 11/20/2014. The court has many earlier dates available at 7:00 am if the parties wish to proceed then. Mailed notice (jms, ) |
| Filing 60 MINUTE entry before the Honorable Joan H. Lefkow:Motion hearing held on 8/21/2014. Plaintiff's motion for settlement conference referral #57 is granted. Status hearing held on 8/21/2014 and continued to 11/18/2014 at 11:00 AM for report on settlement.Mailed notice (mad, ) |
| Filing 59 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.(mad, )Mailed notice. |
| Filing 58 NOTICE of Motion by Joseph J Siprut for presentment of motion for miscellaneous relief #57 before Honorable Joan H. Lefkow on 8/21/2014 at 11:00 AM. (Siprut, Joseph) |
| Filing 57 MOTION by Plaintiff Astor Professional Search, LLCMotion for Settlement Conference Referral (Siprut, Joseph) |
| Filing 56 MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 6/19/2014 and continued to 8/21/2014 at 11:00 AM. Joint oral motion to extend discovery is granted. Non-expert discovery will close on 10/16/2014. The cut-off date for designation of plaintiff's trial expert(s) is 11/18/2014; for defendant's trial expert(s) is 11/18/2014. Parties should phone the courtroom deputy if they wish to have the case referred to the magistrate judge for settlement.Mailed notice (mad, ) |
| Filing 55 MINUTE entry before the Honorable Joan H. Lefkow: Status hearing of 5/29/2014 is reset for 6/19/2014 at 11:00 AM.Mailed notice (mad, ) |
| Filing 54 MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 4/17/2014 and continued to 5/29/2014 at 11:00 AM.Mailed notice (mad, ) |
| Filing 53 ATTORNEY Appearance for Plaintiff Astor Professional Search, LLC by Gregory Wood Jones (Jones, Gregory) |
| Filing 52 AGREED CONFIDENTIALITY ORDER Signed by the Honorable Joan H. Lefkow on 4/8/2014:Mailed notice(mad, ) |
| Filing 51 MINUTE entry before the Honorable Joan H. Lefkow:Defendant's motion for entry of agreed confidentiality order #49 is granted.Mailed notice (mad, ) |
| Filing 50 NOTICE of Motion by David Mitchell Poell for presentment of motion for order #49 before Honorable Joan H. Lefkow on 4/8/2014 at 11:00 AM. (Poell, David) |
| Filing 49 MOTION by Defendant MegaPath, Inc. for order for Entry of Agreed Confidentiality Order (Attachments: #1 Exhibit A)(Poell, David) |
| Filing 48 MINUTE entry before the Honorable Joan H. Lefkow:Status hearing held on 3/6/2014 and continued to 4/17/2014 at 11:00 AM.Mailed notice (mad, ) |
| Filing 47 MINUTE entry before the Honorable Joan H. Lefkow:The time of the status hearing on 3/6/2014 is reset to 11:00 AM.Mailed notice (mad, ) |
| Filing 46 ANSWER to amended complaint and Affirmative Defenses by MegaPath, Inc.(Almeida, David) |
Filing 45
ORDER: Motion of Aleksandra M.S. Vold for leave to withdraw as one of the counsel of record for plaintiff #42 is granted. Signed by the Honorable Joan H. Lefkow on 10/10/2013:(mb, )
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Filing 44
SCHEDULING ORDER Signed by the Honorable Joan H. Lefkow on 10/2/2013: Amendments to the pleadings and/or joinder of additional parties may be sought on appropriate motion by 2/14/2014. Non-expert discovery will close on 7/17/2014. The cut-off date for designation of plaintiff's trial expert(s) is 8/18/2014; for defendant's trial expert(s) is 8/14/2014. Scheduling conference of 10/3/2013 is stricken. Status hearing set for 3/6/2014 at 08:30 AM. Mailed notice(mad, )
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| Filing 43 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion to withdraw as attorney #42 before Honorable Joan H. Lefkow on 10/15/2013 at 08:30 AM. (Barbakoff, Gregg) |
| Filing 42 MOTION by counsel for Plaintiff Astor Professional Search, LLC to withdraw as attorney (Barbakoff, Gregg) |
| Filing 41 MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 9/26/2013. Plaintiff's motion to certify class #3 is withdrawn without prejudice pursuant to oral stipulation on the record. Scheduling Conference set for 10/3/2013 at 08:30 AM. If parties submit a proposed agreed scheduling order to chambers via the proposed order mailbox on Judge Lefkow's web page on the District Court's website by 10/1/2013, they need not appear in court on 10/3/2013.Mailed notice (mad, ) |
| Filing 40 ATTORNEY Appearance for Plaintiff Astor Professional Search, LLC by Gregg Michael Barbakoff (Barbakoff, Gregg) |
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Filing 39
ORDER Signed by the Honorable Joan H. Lefkow on 9/24/2013: Defendant's motion to dismiss plaintiff's breach of contract claim #33 is denied. Defendant's motion to dismiss certain damages #33 is granted as to indirect, incidental, special, consequential, exemplary and punitive damages and denied as to direct damages. This case will be called for a status hearing on September 26, 2013 at 8:30 a.m. Mailed notice(mad, )
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| Filing 38 REPLY by Defendant MegaPath, Inc. MegaPath Corporation's Reply in Support of Motion to Dismiss (Poell, David) |
| Filing 37 RESPONSE by Astor Professional Search, LLCin Opposition to MOTION by Defendant MegaPath, Inc. to dismiss Plaintiff's First Amended Complaint Pusuant to FRCP 12(b)(6) #33 (Siprut, Joseph) |
| Filing 36 MINUTE entry before Honorable Joan H. Lefkow: Response to defendant's motion to dismiss #33 due by 6/27/2013; reply due by 7/11/2013; ruling by mail. Status hearing and scheduling conference of 6/20/2013 is vacated.Mailed notice (mad, ) |
| Filing 35 MEMORANDUM by MegaPath, Inc. in support of motion to dismiss #33 Plaintiff's First Amended Complaint Pursuant to FRCP 12(b)(6) (Attachments: #1 Exhibit)(Almeida, David) |
| Filing 34 NOTICE of Motion by David S. Almeida for presentment of motion to dismiss #33 before Honorable Joan H. Lefkow on 6/6/2013 at 08:30 AM. (Almeida, David) |
| Filing 33 MOTION by Defendant MegaPath, Inc. to dismiss Plaintiff's First Amended Complaint Pusuant to FRCP 12(b)(6) (Almeida, David) |
| Filing 32 MINUTE entry before Honorable Joan H. Lefkow:Defendant's agreed motion for extension of time #30 is granted. Defendant to answer or otherwise plead to amended complaint by 5/31/2013. Status hearing of 5/14/2013 reset to 6/20/2013 at 08:30 AM for scheduling conference and status hearing to report on the possibility of settlement. Parties are to submit a proposed scheduling order to chambers via the proposed order mailbox on Judge Lefkow's web page on the District Court's website by 6/17/2013. Mailed notice (mad, ) |
| Filing 31 NOTICE of Motion by David S. Almeida for presentment of extension of time #30 before Honorable Joan H. Lefkow on 5/7/2013 at 08:30 AM. (Almeida, David) |
| Filing 30 MOTION by Defendant MegaPath, Inc. for extension of time Agreed Motion to Extend MegaPath, Inc.'s Deadline to Respond to First Amended Complaint (Almeida, David) |
| Filing 29 MINUTE entry before Honorable Joan H. Lefkow:Status hearing held on 4/16/2013 and continued to 5/14/2013 at 08:30 AM for scheduling conference and status hearing to report on the possibility of settlement. Parties are to submit a proposed scheduling order to chambers via the proposed order mailbox on Judge Lefkow's web page on the District Court's website by 5/13/2013. Defendant to answer or otherwise plead to amended complaint by 5/8/2013.Mailed notice (mad, ) |
| Filing 28 First AMENDED complaint by Astor Professional Search, LLC against MegaPath, Inc. (Vold, Aleksandra) |
| Filing 27 Opinion and Order Signed by the Honorable Joan H. Lefkow on 3/27/2013:Mailed notice(mad, ) |
| Filing 26 MINUTE entry before Honorable Joan H. Lefkow:Enter Opinion and Order. For the reasons stated in the Opinion and Order, defendants' motion to dismiss [#17] is granted in part and denied in part. The motion is granted without prejudice as to Counts III and IV and denied as to Count I. Plaintiffs are given leave to file an amended complaint by April 10, 2013. This case will be called for a status hearing on April 16, 2013 at 8:30 a.m.Mailed notice (mad, ) |
| Filing 25 REPLY Memorandum of Law by defendant in Further Support of Its Combined Motion to Dismiss the Complaint Pursuant to FRCP12(B)(6), to Deny Motion for Class Certification and, in the Alternative, to Strike Plaintiff's Request for Punitive Damages Pursuant to FRCP 12(F). (Almeida, David) (Docket text modified by clerk's office) (vmj, ). |
| Filing 24 NOTICE by Joseph J Siprut of Change of Address (Siprut, Joseph) |
| Filing 23 NOTICE by Aleksandra M. S. Vold of Change of Address (Vold, Aleksandra) |
| Filing 22 RESPONSE by plaintiff in Opposition to defendant's motion to dismiss, to deny motion for class certification and, in the alternative, to strike plaintiff's request for punitive damages #17 . (Siprut, Joseph) (Docket text modified by clerk's office) (vmj, ). |
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Filing 21
SCHEDULING ORDER Signed by the Honorable Joan H. Lefkow on 6/5/2012:Mailed notice(mad, )
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| Filing 20 MINUTE entry before Honorable Joan H. Lefkow:Enter Scheduling Order. Response to MegaPath, Inc.'s Combined Motion to Dismiss Plaintiff's Complaint, To Deny Motion for Class Certification, And In the Alternative, To Strike Request for Punitive Damages #17 due by 7/16/2012; reply due by 8/6/2012; ruling will issue by mail. Status hearing and motion scheduled for 6/7/2012 stricken. Mailed notice (mad, ) |
| Filing 19 NOTICE of Motion by David S. Almeida for presentment of Motion to Dismiss for Failure to State a Claim #17 before Honorable Joan H. Lefkow on 6/7/2012 at 08:30 AM. (Almeida, David) |
| Filing 18 MEMORANDUM by MegaPath, Inc. in support of Motion to Dismiss for Failure to State a Claim #17 (Attachments: #1 Exhibit Group Exhibit A-Unpublished Cases)(Almeida, David) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Almeida, David) |
| Filing 16 MINUTE entry before Honorable Joan H. Lefkow:Defendant's motion for extension of time to 6/1/2012 to respond to complaint #14 is granted. Status hearing of 5/31/2012 reset to 6/7/2012 at 08:30 AM.Mailed notice (mad, ) |
| Filing 15 NOTICE of Motion by David Mitchell Poell for presentment of extension of time #14 before Honorable Joan H. Lefkow on 5/22/2012 at 08:30 AM. (Poell, David) |
| Filing 14 MOTION by Defendant MegaPath, Inc. for extension of time MegaPath, Inc.'s Motion for Extenstion of Time to Respond to Plaintiff's Complaint (Poell, David) |
| Filing 13 MOTION by Defendant MegaPath, Inc. for disclosure MegaPath, Inc.'s FRCP 7.1 and L.R. 3.2 Disclosures (Poell, David) |
| Filing 12 ATTORNEY Appearance for Defendant MegaPath, Inc. by David Mitchell Poell Appearance of David M. Poell for MegaPath, Inc. (Poell, David) |
| Filing 11 MINUTE entry before Honorable Joan H. Lefkow:Defendant's motion for extension of time to 5/18/2012 to respond to complaint #9 is granted. Status hearing set for 5/31/2012 at 08:30 AM.Mailed notice (mad, ) |
| Filing 10 NOTICE of Motion by David S. Almeida for presentment of extension of time #9 before Honorable Joan H. Lefkow on 4/24/2012 at 08:30 AM. (Almeida, David) |
| Filing 9 MOTION by Defendant MegaPath, Inc. for extension of time MegaPath, Inc.'s Unopposed Motion for Extension of Time to Resopnd to Plaintff's Complaint (Almeida, David) |
| Filing 8 ATTORNEY Appearance for Defendant MegaPath, Inc. by David S. Almeida Appearance of David S. Almeida (Almeida, David) |
| Filing 7 ATTORNEY Appearance for Defendant MegaPath, Inc. by David S. Almeida Appearance of David M. Poell (Almeida, David) |
| Filing 6 SUMMONS Returned Executed by Astor Professional Search, LLC as to MegaPath, Inc. on 3/30/2012, answer due 4/20/2012. (Attachments: #1 Affidavit)(Vold, Aleksandra) |
| SUMMONS Issued as to Defendant MegaPath, Inc. (daj, ) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Jeffrey Cole. (nsf, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Astor Professional Search, LLC by Joseph J Siprut (Siprut, Joseph) |
| Filing 4 ATTORNEY Appearance for Plaintiff Astor Professional Search, LLC by Aleksandra M. S. Vold (Vold, Aleksandra) |
| Filing 3 MOTION by Plaintiff Astor Professional Search, LLC to certify class (Vold, Aleksandra) |
| Filing 2 CIVIL Cover Sheet (Vold, Aleksandra) |
| Filing 1 COMPLAINT filed by Astor Professional Search, LLC; Jury Demand. Filing fee $ 350, receipt number 0752-6994516.(Vold, Aleksandra) |
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