Maher et al v. The Rowen Group, Inc. et al
Robert P Maher and Marilyn V. Maher |
The Rowen Group, Inc. and Daniel M.J. Rowen |
1:2012cv07169 |
September 7, 2012 |
US District Court for the Northern District of Illinois |
Chicago Office |
Du Page |
Marvin E. Aspen |
Other Contract |
28 U.S.C. ยง 1332 |
None |
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Filing 325 MEMORANDUM Opinion and Order Signed by the Honorable Marvin E. Aspen on 7/7/2015: For the reasons stated in the Memorandum Opinion and Order, the parties' motions (Dkt. Nos. 300, 302, and 304), are denied. Trial will address the remaining breach of contract claim against Playroom (Count One) and Defendants' breach of contract counterclaim against the Mahers (Counterclaim Count Three). Trial shall focus particularly on the disputed element of the Mahers' performance as well as clos ely related issues, such as the timing of the request for the final disbursement and the existence of Possible Defaults or Events of Default prior to the Mahers' refusal to disburse the final payment. Status hearing of 7/9/2015 is stricken and reset for 9/24/2015 at 10:30 a.m. In open court at the status hearing set for 9/24/2015 at 10:30 a.m., the parties shall submit their joint pre-trial order, which shall comply with this opinion and the prior Opinion.Mailed notice(mad, ) |
Filing 302 MOTION by Plaintiffs Marilyn V. Maher, Robert P Maher for judgment Plaintiffs' Motion for Entry of Final Judgment as to Daniel M.J. Rowen (Shifflett, Leonard) |
Filing 299 MEMORANDUM Opinion and Order. The preliminary motions surrounding the MPSJ are resolved as follows. Defendants' motion to amend 267 is granted. The motion to strike Robert's affidavit 223 is granted in part and denied in part. The mo tion to strike Robert's addendum affidavit and additional addendum materials 225 is denied. The motion to strike Rowen's affidavit 245 is granted in part and denied in part. The motion to strike Rebekah Zetty's affidavit 246 is denied. The motion to strike Defendants' response to the SUMF 243 is denied. The motion to strike Defendants' SAUMF 244 is denied. The motion to strike facts and arguments from Plaintiffs' response materials 265 is denied. T he motion to strike Defendants' response to the addendum 286 is granted. In addition, we grant the Mahers' MPSJ in part and enter summary judgment in favor of Plaintiffs with respect to Plaintiffs' Count Two, and Count Four of Defend ants' Counterclaim. We deny the MPSJ with respect to Plaintiffs' Count One, and Count Three of Defendants' Counterclaim. Plaintiffs' Counts One, Three, Four, and Five, as well as Defendants' Count Three, remain pending for trial. It is so ordered. Status hearing remains set for 1/29/15 at 10:30 a.m. Signed by the Honorable Marvin E. Aspen on 1/20/2015. Notice mailed by judge's staff (ntf, ) |
Filing 269 MOTION by Plaintiffs Marilyn V. Maher, Robert P Maher for judgment MOTION FOR ENTRY OF JUDGMENT ON COURT'S ORDER DATED MAY 12, 2014 OR, IN THE ALTERNATIVE, FOR ENTRY OF AN ORDER HOLDING ROWEN AND PLAYROOM IN CONTEMPT OF COURT, FOR ENTRY OF AN AWARD OF ATTORNEYS' FEES FOR THE NECESSITY OF BRINGING THIS MOTION, AND PLAINTIFFS' RESPONSE TO DEFENDANTS' MOTION TO MODIFY SCHEDULE FOR COMPLIANCE WITH ORDER ENTERED ON MAY 21, 2014 (Shifflett, Leonard) |
Filing 173 MEMORANDUM Opinion and Order Signed by the Honorable Arlander Keys on 11/12/2013. Mailed notice(ac, ) |
Filing 87 MEMORANDUM Opinion and Order. Signed by the Honorable Marvin E. Aspen on 4/22/2013:Judicial staff mailed notice(gl, ) |
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