Banakus v. United Continental Holdings, Inc. et al
| Daniel Banakus, Holli Hammarquist, Rich Fineman, Brian Norton and Michael Kisiel |
| United Continental Holdings, Inc. and United Airlines, Inc. |
| 1:2012cv06244 |
| August 8, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| John Z Lee |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
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| Filing 137 OPINION from the USCA for the Seventh Circuit; Argued 10/1/2015; Decided 1/6/2016 in USCA case no. 15-1845 (jc, ) |
| Filing 136 MANDATE of USCA dated 1/6/2016 regarding notice of appeal #127 ; USCA No. 15-1845 The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (jc, ) |
| Filing 135 LETTER from the Seventh Circuit regarding the record on appeal in USCA no. 15-1845 consisting of no record to be returned (jc, ) |
| Filing 134 USCA RECEIVED on 8/17/2015 the long record. (ea, ) |
| Filing 133 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal #127 (USCA no. 15-1836 15-1845). (smm) |
| Filing 132 NOTICE to Transmit Record on Appeal regarding notice of appeal #127 ; USCA Case No. 15-1845. (sxn, ) |
| Filing 131 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #127 ; USCA Case No. 15-1845. (ph, ) |
| Filing 130 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #127 ; USCA Case No. 15-1836. (ph, ) |
| Filing 129 TRANSMITTED to the 7th Circuit the short record on notice of appeal #127 . Notified counsel (smm) |
| Filing 128 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #127 . (smm) |
| Filing 127 NOTICE of appeal by Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton regarding orders #126 Filing fee $ 505, receipt number 0752-10554855. (Barbakoff, Gregg) |
| Filing 126 MEMORANDUM Opinion and Order. Signed by the Honorable John Z. Lee on 3/20/2015: The Court grants Defendants' Motion for Summary Judgment in the Banakus case #95 and the Hammarquist case #41 . These cases are hereby terminated. Notices mailed by Judicial Staff. (psm, ) |
| Filing 125 MINUTE entry before the Honorable John Z. Lee: Defendants' motion for leave to submit supplemental authority in support of their motion for summary judgment #122 is granted. No appearance is required on the motion. Mailed notice (ca, ) |
| Filing 124 RESPONSE by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton to motion for leave to file, #122 (Barbakoff, Gregg) |
| Filing 123 NOTICE of Motion by Jacob L. Kahn for presentment of motion for leave to file, #122 before Honorable John Z. Lee on 1/7/2015 at 09:00 AM. (Kahn, Jacob) |
| Filing 122 MOTION by Defendants United Airlines, Inc., United Continental Holdings, Inc. for leave to file supplemental authority in support of their motion for summary judgment (Attachments: #1 Exhibit A - Seventh Circuit's decision in Lagen v. United)(Kahn, Jacob) |
| Filing 121 RESPONSE by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton Response to Defendants' Supplemental Authority (Barbakoff, Gregg) |
| Filing 120 MINUTE entry before the Honorable John Z. Lee: Defendants' motion for leave to submit supplemental authority in support of their motion for summary judgment #118 is granted. No appearance is required on the motion. Mailed notice (ca, ) |
| Filing 119 NOTICE of Motion by Jacob L. Kahn for presentment of motion for leave to file, #118 before Honorable John Z. Lee on 8/21/2014 at 09:00 AM. (Kahn, Jacob) |
| Filing 118 MOTION by Defendants United Airlines, Inc., United Continental Holdings, Inc. for leave to file supplemental authority in support of their motion for summary judgment (Attachments: #1 Exhibit A - Seventh Circuit's decision in Han v. United)(Kahn, Jacob) |
| Filing 117 SUR-REPLY by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton to motion for summary judgment #95 , reply #113 in Further Opposition to Defendants Motion for Summary Judgment (Zolna, Jacie) |
| Filing 116 MINUTE entry before the Honorable John Z. Lee:Plaintiffs' motion for leave to file sur-reply in further opposition to defendants' motion for summary judgment #114 is granted. No appearance is required on the motion. Mailed notice (ca, ) |
| Filing 115 NOTICE of Motion by Jacie C Zolna for presentment of motion for leave to file, #114 before Honorable John Z. Lee on 7/1/2014 at 09:00 AM. (Zolna, Jacie) |
| Filing 114 MOTION by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton for leave to file Sur-Reply in Further Opposition to Defendants Motion for Summary Judgment (Attachments: #1 Exhibit Proposed Sur-Reply)(Zolna, Jacie) |
| Filing 113 REPLY by Defendants United Airlines, Inc., United Continental Holdings, Inc. to motion for summary judgment #95 (Attachments: #1 Exhibit 1 - Pages from Transcript of Deposition of M. Kisiel)(Kahn, Jacob) |
| Filing 112 REPLY by Defendants United Airlines, Inc., United Continental Holdings, Inc. to Rule 56 statement #110 filed by Plaintiffs in opposition to Defendants' motion for summary judgment (Attachments: #1 Exhibit 1 - Pages from Transcript of Deposition of A. Furlong, #2 Exhibit 2 - Supplemental Declaration of A. Furlong, #3 Exhibit 3 - Supplemental Affidavit of C. Butler, #4 Exhibit 4 - Pages from Transcript of Deposition of R. Fineman, #5 Exhibit 5 - Pages from Transcript of Deposition of H. Hammarquist)(Kahn, Jacob) |
| Filing 111 RESPONSE by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton to Rule 56 statement,,,,, #97 (Attachments: #1 Exhibit A-G)(Zolna, Jacie) |
| Filing 110 RULE 56.1(b)(3)(C) Statement of Additional Material Facts in Opposition to Defendants' Motion For Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B-M, #3 Exhibit N-X)(Zolna, Jacie) |
| Filing 109 RESPONSE by Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Nortonin Opposition to MOTION by Defendants United Continental Holdings, Inc., United Airlines, Inc. for summary judgment #95 (Attachments: #1 Exhibit A)(Zolna, Jacie) |
| Filing 108 MINUTE entry before the Honorable John Z. Lee: Minute order #106 is amended: Defendant's reply in support of their motion for summary judgment is due on 6/13/14.Mailed notice (ca, ) |
| Filing 107 SEALED EXHIBIT by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton Portion of Ex. A to Plaintiffs' Statement of Additional Material Facts (pp. 306-308 and 323-325 of the Deposition of Aileen Furlong) (Zolna, Jacie) |
| Filing 106 MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 5/20/14. For the reasons stated on the record, unopposed motion for leave to file document under seal #104 is granted. The parties may file pages 306 308 and 323 325 of the deposition of Aileen Furlong under seal.Maled notice (ca, ) |
| Filing 105 NOTICE of Motion by Jacie C Zolna for presentment of motion for leave to file #104 before Honorable John Z. Lee on 5/20/2014 at 09:00 AM. (Zolna, Jacie) |
| Filing 104 MOTION by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton for leave to file Document Under Seal (Zolna, Jacie) |
| Filing 103 MINUTE entry before the Honorable John Z. Lee: Plaintiffs' unopposed motion to enlarge the page limit [dkt. 101] is granted in part and denied in part. Plaintiffs have leave to submit up to 92 statements of additional material facts in opposition to summary judgment. However, the Court's prior order limiting Plaintiffs to twenty-five (25) pages for their response shall stand. [Dkt. 91.] No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 102 NOTICE of Motion by Jacie C Zolna for presentment of motion for leave to file excess pages,, motion for miscellaneous relief, #101 before Honorable John Z. Lee on 5/15/2014 at 09:00 AM. (Zolna, Jacie) |
| Filing 101 MOTION by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton for leave to file excess pages for Plaintiffs Response Brief in Opposition to Defendants Motion for Summary Judgment, MOTION by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton to Enlarge Limit on Plaintiffs Submission of Additional Material Facts (Zolna, Jacie) |
| Filing 100 MINUTE entry before the Honorable John Z. Lee: The parties' agreed motion for an extension of time [dkt. #98 ] is granted, in order to allow plaintiffs to conduct the Rule 30(b)(6) deposition of Defendants' corporate representative. That deposition shall be completed by 5/12/14. Plaintiff's response to Defendants' motion for summary judgment is due by 5/23/14 and Defendants' reply in support is due by 6/6/14. No appearance is required on the motion.Mailed notice (ca, ) |
| Filing 99 NOTICE of Motion by Jacie C Zolna for presentment of extension of time #98 before Honorable John Z. Lee on 4/15/2014 at 09:00 AM. (Zolna, Jacie) |
| Filing 98 MOTION by Plaintiffs Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton for extension of time for Discovery Cut-Off and on Briefing Schedule on Defendants Motion for Summary Judgment (Agreed) (Zolna, Jacie) |
| Filing 97 RULE 56 Statement by United Airlines, Inc., United Continental Holdings, Inc. regarding motion for summary judgment #95 (Attachments: #1 Exhibit 1 - Declaration of A. Furlong, #2 Exhibit 2 - Banakus Response to Requests for Admission, #3 Exhibit 3 - Cited pages from Dep. Tr. of D. Banakus, #4 Exhibit 4 - Fineman Response to Requests for Admission, #5 Exhibit 5 - Kisiel Response to Requests for Admission, #6 Exhibit 6 - Norton Response to Requests for Admission, #7 Exhibit 7 - Hammarquist Response to Requests for Admission, #8 Exhibit 8 - United Response to Interrogatories, #9 Exhibit 9 - Affidavit of C. Butler, #10 Exhibit 10 - Cited pages from Dep. Tr. of R. Fineman, #11 Exhibit 11 - Cited pages from Dep. Tr. of M. Kisiel, #12 Exhibit 12 - Cited pages from Dep. Tr. of B. Norton, #13 Exhibit 13 - Cited pages from Dep. Tr. of H. Hammarquist, #14 Exhibit 14 - Declaration of L. Patterson, #15 Exhibit 15 - Banakus Response to Interrogatories, #16 Exhibit 16 - Hammarquist Response to Interrogatories, #17 Exhibit 17 - Norton Response to Interrogatories, #18 Exhibit 18 - Kisiel Response to Interrogatories, #19 Exhibit 19 - Fineman Response to Interrogatories, #20 Exhibit 20 - United Response to Requests for Admission)(Kahn, Jacob) |
| Filing 96 MEMORANDUM by United Airlines, Inc., United Continental Holdings, Inc. in support of motion for summary judgment #95 (Kahn, Jacob) |
| Filing 95 MOTION by Defendants United Continental Holdings, Inc., United Airlines, Inc. for summary judgment (Kahn, Jacob) |
| Filing 94 ATTORNEY Appearance for Plaintiffs Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton by Jacie C Zolna (Zolna, Jacie) |
| Filing 93 ATTORNEY Appearance for Plaintiffs Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton by Myron Milton Cherry (Cherry, Myron) |
| Filing 92 MINUTE entry before the Honorable John Z. Lee: The status hearing previously set for 1/29/14 is stricken.Mailed notice (ca, ) |
| Filing 91 MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 1/8/14. Counsel reports that they were unable to complete the plaintiff's deposition. Agreed motion to extend discovery deadline #89 is granted; defendants' deadline to conduct fact discovery in order to complete the deposition is 1/31/14. Plaintiffs' deadline to conduct fact discovery until 30 days after defendants file their motion for summary judgment is granted; the period for this discovery shall commence on 3/7/14 and close on 4/11/14. Defendant's motion for summary judgment is due by 3/7/14 and is limited to 25 pages; the consolidated response is due by 5/9/14 and limited to 25 pages; reply due 5/23/14 and is limited to 15 pages. Defendant is granted 20 additional statements of fact for its LR 56.1(a)(3) statement; plaintiffs are granted 20 additional statements of fact for their consolidated LR 56.1(b)(3)(C) statement. Mailed notice (ca, ) |
| Filing 90 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion for extension of time to complete discovery #89 before Honorable John Z. Lee on 1/8/2014 at 09:00 AM. (Barbakoff, Gregg) |
| Filing 89 MOTION by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton for extension of time to complete discovery (Barbakoff, Gregg) |
| Filing 88 TRANSCRIPT OF PROCEEDINGS held on 11/7/2013 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 12/9/2013. Redacted Transcript Deadline set for 12/19/2013. Release of Transcript Restriction set for 2/17/2014. (Roth, Alexandra) |
| Filing 87 TRANSCRIPT OF PROCEEDINGS held on 10/2/2013 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 12/9/2013. Redacted Transcript Deadline set for 12/19/2013. Release of Transcript Restriction set for 2/17/2014. (Roth, Alexandra) |
| Filing 86 MINUTE entry before Honorable John Z. Lee:Status hearing held on 11/7/13. Oral motion to extend discovery is granted; fact discovery will close on 12/31/13. Plaintiffs' deposition should proceed as to all the issues. Status hearing set for 1/29/14 at 9:00 a.m. Mailed notice (ca, ) |
Filing 85
ORDER regarding the disclosure of protective materials Signed by the Honorable John Z. Lee on 10/15/13Mailed notice(ca, ).
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| Filing 84 MINUTE entry before Honorable John Z. Lee: The parties' agreed amended motion for entry of order #82 pursuant to Fed. R. Evid. 502(d) is granted. Order will be entered. No appearance is necessary on the motion. Mailed notice (ca, ) |
| Filing 83 NOTICE of Motion by Jacob L. Kahn for presentment of motion for order, #82 before Honorable John Z. Lee on 10/15/2013 at 09:00 AM. (Kahn, Jacob) |
| Filing 82 MOTION by Plaintiffs Daniel Banakus, Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton, Defendants United Airlines, Inc., United Continental Holdings, Inc. for order pursuant to Federal Rule of Evidence 502(d) (AGREED AMENDED MOTION) (Attachments: #1 Exhibit 1 - Proposed Order)(Kahn, Jacob) |
| Filing 81 MINUTE entry before Honorable John Z. Lee:Status hearing held on 10/2/13. For the reasons stated on the record, the agreed motion for entry of order pursuant to Federal Rule of Evidence #75 is denied without prejudice. The amended motion should be filed by 10/9/13. The stipulation to stay damages discovery pending the Court's resolution on the upcoming motion for summary judgment is approved. The status hearing set for 11/6/13 is reset to 11/7/13 at 9:15 a.m. Mailed notice (ca, ) |
| Filing 80 MINUTE entry before Honorable John Z. Lee: Plaintiff's motion for leave to withdraw Aleksandra Vold #76 and Tyler Zanders #78 as counsel are granted. No appearances necessary on the motion. Mailed notice (ca, ) |
| Filing 79 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion to withdraw as attorney #78 before Honorable John Z. Lee on 10/3/2013 at 09:00 AM. (Barbakoff, Gregg) |
| Filing 78 MOTION by counsel for Plaintiff Daniel Banakus to withdraw as attorney (Barbakoff, Gregg) |
| Filing 77 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion to withdraw as attorney #76 before Honorable John Z. Lee on 10/3/2013 at 09:00 AM. (Barbakoff, Gregg) |
| Filing 76 MOTION by counsel for Plaintiff Daniel Banakus to withdraw as attorney (Barbakoff, Gregg) |
| Filing 75 MOTION by Plaintiff Daniel Banakus, Defendants United Airlines, Inc., United Continental Holdings, Inc. for order pursuant to Federal Rule of Evidence 502(d) (AGREED MOTION) (Attachments: #1 Text of Proposed Order)(Kahn, Jacob) |
| Filing 74 MINUTE entry before Honorable John Z. Lee: Status hearing set for 10/2/13 at 9:15 a.m.Mailed notice (ca, ) |
| Filing 73 STIPULATION (Kahn, Jacob) |
| Filing 72 MINUTE entry before Honorable John Z. Lee:Status hearing held on 8/27/13. The parties report they are proceeding with discovery. Fact discovery as to the merits phase will close on 12/13/13. Status hearing set for 11/6/13 at 9:00 a.m.Mailed notice (ca, ) |
| Filing 71 TRANSCRIPT OF PROCEEDINGS held on 5/22/2013 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 7/22/2013. Redacted Transcript Deadline set for 8/1/2013. Release of Transcript Restriction set for 9/30/2013. (Roth, Alexandra) |
| Filing 70 AGREED Confidentiality Order Signed by the Honorable John Z. Lee on 6/10/13Mailed notice(ca, ). |
| Filing 69 MINUTE entry before Honorable John Z. Lee: The parties' joint motion for entry of agreed confidentiality order [67 is granted. The order will be entered. No appearance is necessary on 6/12/13. Mailed notice (ca, ) |
| Filing 68 NOTICE of Motion by Sondra A. Hemeryck for presentment of motion for protective order, #67 before Honorable John Z. Lee on 6/12/2013 at 09:00 AM. (Hemeryck, Sondra) |
| Filing 67 MOTION by Defendants United Airlines, Inc., United Continental Holdings, Inc. for protective order Joint Motion for Entry of Agreed Confidentiality Order (Attachments: #1 Exhibit 1 (Proposed Confidentiality Order), #2 Exhibit 2 (Redline))(Hemeryck, Sondra) |
| Filing 66 ATTORNEY Appearance for Plaintiff Daniel Banakus by Tyler Zanders (Zanders, Tyler) |
| Filing 65 MINUTE entry before Honorable John Z. Lee: Oral argument held on 5/22/13. Plaintiff's joinder in United's motion to relate and reassign and plaintiff's motion to consolidate cases and appoint interim class counsel #49 is granted in part and denied in part. The consolidation is granted only for pretrial purposes. The Court appoints both Mr. Siprut and Mr. Cherry as co-lead plaintiffs' counsel. The parties are to exchange amended and consolidated discovery requests by 6/7/13. Status hearing set for 8/27/13 at 9:00 a.m. Mailed notice (ca, ) |
| Filing 64 MEMORANDUM by Daniel Banakus in support of motion to consolidate cases #49 and appoint interim class counsel (Attachments: #1 Exhibit A)(Barbakoff, Gregg) |
| Filing 63 Application for Appointment of Myron M. Cherry as Interim Cousel Lead or Co-Counsel Class Counsel by Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton (Attachments: #1 Exhibit A -A1, #2 Exhibit B-E)(Cherry, Myron) |
| Filing 62 Application for Appointment of Myron M. Cherry as Interim Cousel Lead or Co-Counsel Class Counsel by Rich Fineman, Holli Hammarquist, Michael Kisiel, Brian Norton (Attachments: #1 Exhibit A-A1, #2 Exhibit B-E)(Cherry, Myron) |
| Filing 61 TRANSCRIPT OF PROCEEDINGS held on 4/23/2013 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 5/24/2013. Redacted Transcript Deadline set for 6/3/2013. Release of Transcript Restriction set for 8/1/2013. (Roth, Alexandra) |
| Filing 60 TRANSCRIPT OF PROCEEDINGS held on 9/25/2012 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 5/24/2013. Redacted Transcript Deadline set for 6/3/2013. Release of Transcript Restriction set for 8/1/2013. (Roth, Alexandra) |
| Filing 59 TRANSCRIPT OF PROCEEDINGS held on 3/14/2013 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 5/24/2013. Redacted Transcript Deadline set for 6/3/2013. Release of Transcript Restriction set for 8/1/2013. (Roth, Alexandra) |
| Filing 58 TRANSCRIPT OF PROCEEDINGS held on 4/4/2013 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 5/24/2013. Redacted Transcript Deadline set for 6/3/2013. Release of Transcript Restriction set for 8/1/2013. (Roth, Alexandra) |
| Filing 57 MINUTE entry before Honorable John Z. Lee: Motion hearing held on 4/23/13. For the reasons stated on the record, United's motion to reassign case pursuant to LR 40.4 #43 is granted. The Court finds that Hammarquist et al v. United Continental Holdings, Inc., et al. (case no. 13-CV-1509) currently before Judge Castillo is related to this matter and should be transferred to this Court. Plaintiffs' counsel in both matters are directed to submit briefs, no longer than 10 pages, by 5/7/13 regarding the appointment of lead counsel for the putative class. Oral argument is set for 5/22/13 at 10:00 a.m. regarding the possible consolidation of the two cases. Discovery is stayed as to the Banakas case. Mailed notice (ca, ) |
| Filing 56 REPLY by Plaintiff Daniel Banakus to motion to consolidate cases #49 (Siprut, Joseph) |
| Filing 55 RESPONSE by Plaintiffs Holli Hammarquist, Rich Fineman, Brian Norton, Michael Kisiel to motion to consolidate cases #49 , motion to reassign case #43 , motion to reassign case #44 (Attachments: #1 Exhibit A-F)(Zolna, Jacie) |
| Filing 54 ATTORNEY Appearance for Defendants United Airlines, Inc., United Continental Holdings, Inc. by Jacob L. Kahn (Kahn, Jacob) |
| Filing 53 WITHDRAWING Ayad Paul Jacob as counsel for Defendants United Airlines, Inc., United Continental Holdings, Inc. and substituting Jacob L. Kahn as counsel of record (Kahn, Jacob) |
| Filing 52 Amended ANSWER to Complaint with Jury Demand by United Airlines, Inc., United Continental Holdings, Inc. (Ketcham, Paula) |
| Filing 51 MINUTE entry before Honorable John Z. Lee: Motion hearing held on 4/4/13. Plaintiff's motion to strike defendants' affirmative defenses and answer to the class action complaint #47 is stricken as moot. Defendant will file an amended answer tomorrow. Any response to Defendants' motion to reassign case #43 #44 should be filed by 4/12/13. Defendants' motion to reassign case #43 and #44 and plaintiff's motion to consolidate and appoint interim class counsel #49 are entered and continued for 4/23/13 at 9:00 a.m. The parties need not appear for Plaintiff's motion on 4/11/13. Mailed notice (ca, ) Modified on 4/5/2013 (ca, ). |
| Filing 50 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion to consolidate cases #49 before Honorable John Z. Lee on 4/11/2013 at 09:00 AM. (Barbakoff, Gregg) |
| Filing 49 MOTION by Plaintiff Daniel Banakus to consolidate cases and Appoint Interim Class Counsel (Barbakoff, Gregg) |
| Filing 48 NOTICE of Motion by Joseph J Siprut for presentment of motion to strike, motion for relief #47 before Honorable John Z. Lee on 4/4/2013 at 09:00 AM. (Siprut, Joseph) |
| Filing 47 MOTION by Plaintiff Daniel Banakus to strike answer to complaint #42 (Siprut, Joseph) |
| Filing 46 EXHIBIT by Defendants United Airlines, Inc., United Continental Holdings, Inc. regarding MOTION by Defendants United Airlines, Inc., United Continental Holdings, Inc. to reassign case Memorandum in Support of Local Rule 40.4 Motion for Reassignment of Related Case #44 (Ketcham, Paula) |
| Filing 45 NOTICE of Motion by Paula Marie Ketcham for presentment of motion to reassign case #44 , motion to reassign case #43 before Honorable John Z. Lee on 4/4/2013 at 09:00 AM. (Ketcham, Paula) |
| Filing 44 MOTION by Defendants United Airlines, Inc., United Continental Holdings, Inc. to reassign case Memorandum in Support of Local Rule 40.4 Motion for Reassignment of Related Case (Ketcham, Paula) |
| Filing 43 MOTION by Defendants United Airlines, Inc., United Continental Holdings, Inc. to reassign case pursuant to Local Rule 40.4 (Ketcham, Paula) |
| Filing 42 ANSWER to Complaint with Jury Demand by United Airlines, Inc., United Continental Holdings, Inc. (Ketcham, Paula) |
| Filing 41 MINUTE entry before Honorable John Z. Lee: Status hearing held on 3/14/13. For the reasons discussed on the record, the Court in its discretion limits discovery for the time being to issues related to the merits of plaintiff's claim. The parties are to exchange Rule 26(a)(1) disclosures as to all issues by 4/5/13. Initial written discovery requests are to be served by 4/15/13 limited to the merits of plaintiff's claim. Fact discovery as to the merits of plaintiff's claim shall close on 6/28/13. Status hearing set for 6/4/13 at 9:00 a.m. Mailed notice (ca, ) |
| Filing 40 ATTORNEY Appearance for Defendants United Airlines, Inc., United Continental Holdings, Inc. by Paula Marie Ketcham (Ketcham, Paula) |
| Filing 39 REPORT of Rule 26(f) Planning Meeting (Barbakoff, Gregg) |
| Filing 38 ATTORNEY Appearance for Plaintiff Daniel Banakus by Aleksandra M. S. Vold (Vold, Aleksandra) |
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Filing 37
ORDER Signed by the Honorable John Z. Lee on 3/1/2013Mailed notice(ca, ).
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| Filing 36 MINUTE entry before Honorable John Z. Lee: As set forth in the attached Order, Defendants' Motion to Dismiss #10 is denied. Plaintiff's Motion for Leave to File Supplemental Authority #28 is denied as moot. Status hearing set for 3/14/13 at 9:00 a.m. to stand. The parties are instructed to conduct a Fed. R. Civ. P. 26(f) conference and jointly submit a proposed discovery plan to the Court at least three business days prior to the status hearing. Mailed notice (ca, ) |
| Filing 35 MINUTE entry before Honorable John Z. Lee: Plaintiff's motion for leave to file supplemental authority and request for judicial notice #32 is denied. When appropriate, the Court can, on its own, take judicial notice of documents contained in the public record, including documents filed in cases pending in other federal district courts. See 520 S. Michigan Ave. Assocs., Ltd v. Shannon, 549 F.3d 1119, 1139 n.14 (7th Cir. 2008). No appearance is necessary on 2/14/13. The status hearing previously set for 2/14/13 is reset to 3/14/13 at 9:00 a.m.Mailed notice (ca, ) |
| Filing 34 RESPONSE by United Airlines, Inc., United Continental Holdings, Inc. to MOTION by Plaintiff Daniel Banakus for leave to file Supplemental Authority and Request for Judicial Notice #32 (Attachments: #1 Exhibit A (Declaration of Aileen Furlong))(Hemeryck, Sondra) |
| Filing 33 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion for leave to file #32 before Honorable John Z. Lee on 2/14/2013 at 09:00 AM. (Barbakoff, Gregg) |
| Filing 32 MOTION by Plaintiff Daniel Banakus for leave to file Supplemental Authority and Request for Judicial Notice (Attachments: #1 Exhibit A, #2 Exhibit B)(Barbakoff, Gregg) |
| Filing 31 MINUTE entry before Honorable John Z. Lee: Defendants have until 1/25/13 to respond to Plaintiff's motion for leave to submit supplemental authority, to the extent they oppose the motion. No reply will be necessary. No appearance is required at the notice of motion set for 1/22/13 at 9:00 a.m. Mailed notice (ca, ) |
| Filing 30 RESPONSE by United Airlines, Inc., United Continental Holdings, Inc. to MOTION by Plaintiff Daniel Banakus for leave to file supplemental authority #28 (Hemeryck, Sondra) |
| Filing 29 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion for leave to file #28 before Honorable John Z. Lee on 1/22/2013 at 09:00 AM. (Barbakoff, Gregg) |
| Filing 28 MOTION by Plaintiff Daniel Banakus for leave to file supplemental authority (Attachments: #1 Exhibit A)(Barbakoff, Gregg) |
| Filing 27 MINUTE entry before Honorable John Z. Lee: Status hearing set for 12/4/12 at 9:00 a.m. is reset for 2/14/13 at 9:00 a.m. Mailed notice (ca, ) |
| Filing 26 MINUTE entry before Honorable John Z. Lee: Plaintiff's motion for leave to file surreply #24 is granted. No appearance required at the motion hearing set for 11/29/12 at 9:00 a.m. Ruling will be by mail. Mailed notice (ca, ) |
| Filing 25 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion for leave to file #24 before Honorable John Z. Lee on 11/29/2012 at 09:00 AM. (Barbakoff, Gregg) |
| Filing 24 MOTION by Plaintiff Daniel Banakus for leave to file Surreply (Barbakoff, Gregg) |
| Filing 23 MINUTE entry before Honorable John Z. Lee: Pursuant to the terms of the stipulation filed on 9/27/12 #20 , and for the reasons set forth in this Court's minute order of 8/14/12 #7 , plaintiff's motion to certify class #5 is stricken without prejudice. Mailed notice (ca, ) |
| Filing 22 REPLY by United Airlines, Inc., United Continental Holdings, Inc. to response in opposition to motion #21 to dismiss (Jacob, Ayad) |
| Filing 21 RESPONSE by Daniel Banakusin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #10 (Barbakoff, Gregg) |
| Filing 20 STIPULATION (Barbakoff, Gregg) |
| Filing 19 MINUTE entry before Honorable John Z. Lee: Status and motion hearing held. Agreed motion for extension of the briefing schedule on defendants motion to dismiss #17 is granted; plaintiff's response to defendants motion to dismiss due by 10/9/12; defendants reply due on 10/23/12. The parties have agreed to file a Damasco stipulation by 9/28/12. Status hearing set for 12/4/12 at 9:00 a.m. Mailed notice (ca, ) |
| Filing 18 NOTICE of Motion by Gregg Michael Barbakoff for presentment of motion for extension of time to file response/reply #17 before Honorable John Z. Lee on 9/25/2012 at 09:15 AM. (Barbakoff, Gregg) |
| Filing 17 MOTION by Plaintiff Daniel Banakus for extension of time to file response/reply Agreed Motion for Extension of the Briefing Schedule on Defendants' Motion to Dismiss (Barbakoff, Gregg) |
| Filing 16 STATUS Report Joint Initial Status Report by Daniel Banakus (Barbakoff, Gregg) |
| Filing 15 MINUTE entry before Honorable John Z. Lee: Plaintiff's response to Defendants Motion to Dismiss for Failure to State a Claim #10 shall be due on 9/25/12. Any replies shall be due on 10/2/12. No appearance is required at the motion hearing set for 9/11/12 at 9:00 a.m. Mailed notice (ca, ) |
| Filing 14 Rule 7.1 and L.R. 3.2 Disclosure Statement by United Airlines, Inc. (Jacob, Ayad) |
| Filing 13 Rule 7.1 and L.R. 3.2 Disclosure Statement by United Continental Holdings, Inc. (Jacob, Ayad) |
| Filing 12 ATTORNEY Appearance for Defendants United Airlines, Inc., United Continental Holdings, Inc. by Ayad Paul Jacob (Jacob, Ayad) |
| Filing 11 NOTICE of Motion by Sondra A. Hemeryck for presentment of Motion to Dismiss for Failure to State a Claim #10 before Honorable John Z. Lee on 9/11/2012 at 09:00 AM. (Hemeryck, Sondra) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit Declaration of Aileen Furlong)(Hemeryck, Sondra) |
| Filing 9 ATTORNEY Appearance for Defendants United Airlines, Inc., United Continental Holdings, Inc. by Patricia Brown Holmes (Holmes, Patricia) |
| Filing 8 ATTORNEY Appearance for Defendants United Airlines, Inc., United Continental Holdings, Inc. by Sondra A. Hemeryck (Hemeryck, Sondra) |
| Filing 7 MINUTE entry before Honorable John Z. Lee: In this putative class action case, plaintiffs have filed a motion for class certification contemporaneously with their complaint. Presumably, plaintiffs have done so in order to address the concerns raised by the Court of Appeals in Damasco v. Clearwire Corp., 662 F.3d 891, 897 (7th Cir. 2011). At this time, however, consideration of the motion is premature. Accordingly, the Court asks that the parties consider entering into a stipulation in this case that would obviate the need for the parties to address the premature motion for class certification, while also addressing the mootness concerns raised in Damasco. See, e.g., Hayden v. Fresh Express, Inc., Case No. 12 C 1583, Dock. no. 18. The parties are instructed to report whether they are amenable to agreeing to such a stipulation at the next status hearing. Mailed notice (ca, ) |
| Filing 6 MINUTE entry before Honorable John Z. Lee: Initial status hearing set for 9/25/2012 at 9:15 a.m. Please refer to Judge Lee's web-page regarding procedures to follow as to initial status conferences. Mailed notice (ca, ) |
| SUMMONS Issued as to Defendant United Continental Holdings, Inc. (et, ) |
| Filing 5 MOTION by Plaintiff Daniel Banakus to certify class (Barbakoff, Gregg) |
| Filing 4 ATTORNEY Appearance for Plaintiff Daniel Banakus by Joseph J Siprut (Siprut, Joseph) |
| Filing 3 ATTORNEY Appearance for Plaintiff Daniel Banakus by Gregg Michael Barbakoff (Barbakoff, Gregg) |
| Filing 2 CIVIL Cover Sheet (Barbakoff, Gregg) |
| Filing 1 COMPLAINT filed by Daniel Banakus; Jury Demand. Filing fee $ 350, receipt number 0752-7430574.(Barbakoff, Gregg) |
| CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Young B. Kim. (cft, ) |
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