Beaton v. SpeedyPC Software
Archie Beaton |
SpeedyPC Software |
1:2013cv08389 |
November 20, 2013 |
US District Court for the Northern District of Illinois |
Chicago Office |
Kane |
Andrea R Wood |
Contract: Other |
28 U.S.C. § 1332 Diversity-Other Contract |
Both |
Docket Report
This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 382 MEMORANDUM OPINION AND ORDER. Signed by the Honorable Andrea R. Wood on 3/30/2023. Mailed notice (lma, ) |
Filing 381 MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the attached Memorandum Opinion and Order, Defendant's motion for summary judgment #333 is granted in part and denied in part. The motion is granted as to the claims asserted by Plaintiff and the Class for breach of the implied warranties of fitness for a particular purchase and merchantability, but the motion is denied as to the claims asserted by Plaintiff and the Subclass under the Illinois Consumer Fraud and Deceptive Business Practices Act. Mailed notice (lma, ) |
Filing 380 MINUTE entry before the Honorable M. David Weisman: At the Court's request and by agreement of the parties, the continued settlement conference set for 4/7/23 is stricken and reset to 4/19/23 at 3:00 p.m. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov, by 4/12/23 identifying the email addresses of the individuals who intend to participate in the settlement conference. Mailed notice (ao, ) |
Filing 379 MINUTE entry before the Honorable M. David Weisman: Continued settlement conference held. All counsel appeared via videoconferencing. Continued settlement conference set for 4/7/23 at 10:30 a.m. via videoconference to discuss, inter alia, how damages might be proven at a trial. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov, by 4/4/23 identifying the email addresses of the individuals who intend to participate in the settlement conference. Mailed notice (ao, ) |
Filing 378 MINUTE entry before the Honorable M. David Weisman: Settlement conference held. Counsel appeared via videoconference. The parties made substantial progress towards resolving this matter and requested additional time to exchange a draft agreement, as well as consult with various constituents. Continued settlement conference set for 3/28/23 at 10:30 a.m. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov, by noon 3/24/23 identifying the email addresses of the individuals who intend to participate in the settlement conference. By noon 3/24/23, counsel shall jointly email the Court at Proposed_Order_Weisman@ilnd.uscourts.gov, and advise the Court as to the status of settlement discussions. The Court looks forward to working with counsel to fully resolve this matter. Mailed notice (ao, ) |
Filing 377 MINUTE entry before the Honorable M. David Weisman: On 3/8/23, the Court had ex parte communication with defense counsel regarding settlement issues. Mailed notice (ao, ) |
Filing 376 STATUS Report JOINT by Archie Beaton (Wade Scott, J.) |
Filing 375 MINUTE entry before the Honorable M. David Weisman: At the parties request, the video settlement conference set for 3/6/23 is stricken and reset to 3/9/23 at 10:30 a.m. Plaintiff's settlement letter shall be delivered to Defendant by 2/23/23. Defendant's settlement letter shall be delivered to Plaintiff by 3/2/23. The parties must also submit their respective documents by email to Proposed_Order_Weisman@ilnd.uscourts.gov. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov, by 3/2/23 identifying the email addresses of the individuals who intend to participate in the settlement conference. Mailed notice (ao, ) |
Filing 374 MINUTE entry before the Honorable M. David Weisman: Magistrate Status hearing held. A video settlement conference is set for 3/6/23 at 10:30 a.m. Plaintiff's settlement letter shall be delivered to Defendant by 2/21/23 (in light of the holiday on 2/20/23). Defendant's settlement letter shall be delivered to Plaintiff by 2/27/23. The parties must also submit their respective documents by email to Proposed_Order_Weisman@ilnd.uscourts.gov. Parties shall confer and send ONE email to Weisman_Chambers@ilnd.uscourts.gov, by 2/27/23 identifying the email addresses of the individuals who intend to participate in the settlement conference. Please note that settlement letters and documents are not to be filed on the CM-ECF system. Parties have no objection to the Court having ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations would be warranted. Additionally, in light of the age of this case, if there are particular issues or prior filings that the parties wish to bring to the Court's attention prior to the settlement conference, they shall cite to such material in their respective settlement letters. Parties also raised issue of pending summary judgment ruling in district court that may impact a portion of the certified class. The parties shall address the anticipated ruling (or the ruling itself, if feasible) in their settlement letters and articulate how the anticipated ruling impacts the parties' respective positions on settlement. The parties and the Court agreed that the named plaintiff will not be required to attend the settlement conference. Mailed notice (ao, ) |
Filing 373 ATTORNEY Appearance for Plaintiff Archie Beaton by J. Eli Wade Scott (Wade Scott, J.) |
Filing 372 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman to conduct a settlement conference and discuss general issues related to settlement. Status hearing set for 1/20/23 at 9:15 a.m. Prior to the status hearing, the Court respectfully requests that counsel consult the Court's standing order on settlement conferences and related materials in advance of the status hearing. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. The Court specifically requests that counsel must have available dates for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Parties shall dial in using the Court's conference call-in number. The conference call-in number is 1-877-411-9748 and the passcode is 1814539. Please note that the Court's conference call-in will be used by all cases that are on the Court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called by the Court. Once the Court has heard your case you shall disconnect from the conference line. Members of the public and media who wish to listen to this hearing may call in. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (ao, ) |
Filing 371 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: settlement conference. (lma, ) |
Filing 370 TRANSCRIPT OF PROCEEDINGS held on January 11, 2023 before the Honorable Andrea R. Wood. Order Number: 44972. Court Reporter Contact Information: Brenda S. Tannehill, CSR, RMR, CRR, brenda_tannehill@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 2/2/2023. Redacted Transcript Deadline set for 2/13/2023. Release of Transcript Restriction set for 4/12/2023. (Tannehill, Brenda) |
Filing 369 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/11/2023. As discussed on the record, this case is referred to the magistrate judge for the purposes of conducting a settlement conference. By 2/10/2023, the parties shall file a joint status report setting forth: (1) the status of the parties' settlement discussions with the magistrate judge; (2) a proposed time frame for the scheduling of a potential trial; (3) the current business status of Defendant SpeedyPC Software; and (4) whether the parties require a telephonic status hearing and, if so, what matters the parties feel it would be helpful to discuss with the Court. Mailed notice (lma, ) |
Filing 368 MINUTE entry before the Honorable Andrea R. Wood: Due to a change in the Court's schedule, the telephonic status hearing set for 1/9/2023 is stricken and reset for 1/11/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
Filing 367 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
Filing 366 STATUS Report ON BUSINESS STATUS by SpeedyPC Software (Borcia, James) |
Filing 365 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 12/7/2022 and continued to 1/9/2023 at 10:30 AM. By 12/21/2022, Defendant's counsel shall file a short status report indicating the current business status of Defendant SpeedyPC Software. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
Filing 364 TRANSCRIPT OF PROCEEDINGS held on April 19, 2022 before the Honorable Andrea R. Wood. Order Number: 44505. Court Reporter Contact Information: Brenda S. Tannehill, CSR, RMR, CRR, brenda_tannehill@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 12/7/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/14/2023. (Tannehill, Brenda) |
Filing 363 TRANSCRIPT OF PROCEEDINGS held on January 28, 2022 before the Honorable Andrea R. Wood. Order Number: 44505. Court Reporter Contact Information: Brenda S. Tannehill, CSR, RMR, CRR, brenda_tannehill@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 12/7/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/14/2023. (Tannehill, Brenda) |
Filing 362 TRANSCRIPT OF PROCEEDINGS held on November 30, 2021 before the Honorable Andrea R. Wood. Order Number: 44505. Court Reporter Contact Information: Brenda S. Tannehill, CSR, RMR, CRR, brenda_tannehill@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 12/7/2022. Redacted Transcript Deadline set for 12/19/2022. Release of Transcript Restriction set for 2/14/2023. (Tannehill, Brenda) |
Filing 361 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 12/7/2022 at 10:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) |
Filing 360 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 6/2/2022 is stricken; parties need not appear. Ruling on pending motion for summary judgment to be issued in short order. Mailed notice (aw,) |
Filing 359 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 5/19/2022 is stricken and reset for 6/2/2022 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 358 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 4/19/2022 and continued to 5/19/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 357 MINUTE entry before the Honorable Andrea R. Wood:Telephonic status hearing set for 3/29/2022 is stricken and reset for 4/19/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 356 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 3/4/2022 is stricken and reset for 3/29/2022 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 355 RESPONSE by Plaintiff Archie Beaton to motion for summary judgment #333 (Tievsky, Alexander) |
Filing 354 RULE 56 56.1(b)(3) Statement of Additional Material Facts (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Tievsky, Alexander) |
Filing 353 RESPONSE by Plaintiff Archie Beaton to Rule 56 statement, #335 (Tievsky, Alexander) |
Filing 352 MINUTE entry before the Honorable Andrea R. Wood: At the emailed request of the parties, the telephonic status hearing set for 3/3/2022 is stricken and reset for 3/4/2022 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 351 MINUTE entry before the Honorable Andrea R. Wood: The portion of the Court's 1/28/2022 minute entry #350 granting Plaintiff's motion for leave to file document in the public record is amended as follows. Plaintiff shall file public record versions of the previously filed sealed documents in support of its response to Defendant's summary judgment motion. All other aspects of the order remain unchanged. Mailed notice (dal, ) |
Filing 350 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 1/28/2022. Plaintiff's motion for leave to file documents in the public record #339 is granted. Speedy PC shall file public record versions of the previously filed sealed documents in support of its response to Defendant's summary judgment motion. Telephonic status hearing set for 3/3/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 349 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 1/12/2022 is stricken and reset for 1/28/2022 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 348 RESPONSE by Defendant SpeedyPC Software to motion for leave to file #339 (Borcia, James) |
Filing 347 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 11/30/2021. Plaintiff's motion for leave to file overlength brief instanter #338 is granted. Defendant shall respond to Plaintiff's motion for leave to file documents in the public record #339 by 12/14/2021. Telephonic status hearing set for 1/12/2022 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 346 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 9/23/2021 is stricken and reset for 11/30/2021 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 345 REPLY by Defendant SpeedyPC Software to Rule 56 statement, #335 re re SpeedyPC's Reply in Support of its Amended Motion for Summary Judgment (Borcia, James) |
Filing 344 RESPONSE by Defendant SpeedyPC Software re SpeedyPC's Response to Plaintiff's Statement of Additional Material Facts (Borcia, James) |
Filing 343 CERTIFICATE of Service by Plaintiff Archie Beaton of Sealed Documents (Tievsky, Alexander) |
Filing 342 SEALED RESPONSE by Archie Beaton to MOTION by Defendant SpeedyPC Software for summary judgment re SPEEDYPC'S AMENDED MOTION FOR SUMMARY JUDGMENT #333 (Tievsky, Alexander) |
Filing 341 SEALED DOCUMENT by Plaintiff Archie Beaton Plaintiff's Statement of Additional Material Facts (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Tievsky, Alexander) |
Filing 340 SEALED DOCUMENT by Plaintiff Archie Beaton Response to SpeedyPC's Statement of Material Facts in Support of its Amended Motion for Summary Judgment (Tievsky, Alexander) |
Filing 339 MOTION by Plaintiff Archie Beaton for leave to file Documents in the Public Record (Tievsky, Alexander) |
Filing 338 MOTION by Plaintiff Archie Beaton for leave to file excess pages (Tievsky, Alexander) |
Filing 337 MINUTE entry before the Honorable Andrea R. Wood: In light of Defendant's amended motion for summary judgment #333 , Defendant's previously filed motion for summary judgment #299 is denied as moot. Defendant's amended motion #333 shall be briefed according to the schedule previously set on 4/15/2021 #330 . Telephonic status hearing set for 9/23/2021 remains firm. Mailed notice (dal, ) |
Filing 336 SEALED DOCUMENT by Defendant SpeedyPC Software re Exhibit 7 to Statement of Material Facts Filed Under Seal (Borcia, James) |
Filing 335 RULE 56 56.1(a)(3) Statement by SpeedyPC Software regarding motion for summary judgment #333 re SpeedyPC's Statement of Material Facts in Support of Its Amended Motion for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Borcia, James) |
Filing 334 MEMORANDUM by SpeedyPC Software in support of motion for summary judgment #333 re SpeedyPC's Memorandum in Support of Its Amended Motion for Summary Judgment (Borcia, James) |
Filing 333 MOTION by Defendant SpeedyPC Software for summary judgment re SPEEDYPC'S AMENDED MOTION FOR SUMMARY JUDGMENT (Borcia, James) |
Filing 332 NOTICE by Eve -Lynn J. Rapp of Change of Address (Rapp, Eve -Lynn) |
Filing 331 NOTICE by Rafey S. Balabanian of Change of Address (Balabanian, Rafey) |
Filing 330 MINUTE entry before the Honorable Andrea R. Wood: Having reviewed the parties' joint status report #329 , the Court enters the following schedule: Defendant shall supplement its interrogatory responses by 4/21/2021; Defendant shall file its amended and/or re-file its motion for summary judgment by 5/11/2021; Plaintiff shall respond to Defendant's motions by 6/15/2021; and Defendant shall reply by 7/13/2021. Telephonic status hearing set for 9/23/2021 at 9:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (dal, ) |
Filing 329 STATUS Report Joint by Archie Beaton (Tievsky, Alexander) |
Filing 328 Defendant's Notice of Intent to Withdraw Kyle Flood as a Witness by SpeedyPC Software (Borcia, James) |
Filing 327 MEMORANDUM Opinion and Order Signed by the Honorable Andrea R. Wood on 3/31/2021. Mailed notice (dal, ) |
Filing 326 MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the accompanying Memorandum Opinion and Order, Counterdefendant Archie Beaton's motion to dismiss counterclaim pursuant to Rule 12(b)(6) #277 is granted. Defendant SpeedyPC Software's counterclaim is dismissed with prejudice. Mailed notice (dal, ) |
Filing 325 ORDER Signed by the Honorable Andrea R. Wood on 3/31/2021: Plaintiff's motion to exclude testimony of Kyle Flood #286 is granted in part and denied in part. The Court declines to exclude Flood's testimony but instead will allow it only to the extent consistent with the Statement below. The parties are ordered to file a status report by 4/14/2021 proposing a deadline within the next 28 days for the completion of Flood's deposition. See the accompanying Statement for further details. Mailed notice (dal, ) |
Filing 324 ORDER Signed by the Honorable Andrea R. Wood on 3/31/2021: Defendant's motion for clarification #291 is denied. In its motion, SpeedyPC protests that it cannot move for summary judgment until Beaton amends his complaint explicitly to incorporate individual and class claims for breaches of implied warranties. But it is well-established in this case, as affirmed on appeal, that the current complaint states those claims. See Beaton v. SpeedyPC Software, 907 F.3d 1018, 1024 (7th Cir. 2018), cert. denied, 139 S. Ct. 1465 (2019). Further, SpeedyPC has already moved for summary judgment on these claims, so this request is moot. (See Dkt. No. #299 .) SpeedyPC also asks the Court to clarify whether Beaton is still pursuing his individual claims, and Beaton responds that he has not dropped those claims. (Dkt. No. #293 .) Thus, Beaton has already provided any necessary clarification on point. While SpeedyPC contends that Beaton's individual claims are moot to the extent that they were not certified, that dispositive argument is inappropriate in a motion for clarification and SpeedyPC cites no relevant authority on the point. To the extent SpeedyPC raises additional issues for the first time in its reply (Dkt. No. #295 ), the Court does not address them because issues raised for the first time in a reply brief are waived. See Thorncreek Apartments III, LLC v. Mick, 886 F.3d 626, 636 (7th Cir. 2018). Mailed notice (dal, ) |
Filing 323 STATUS Report by Archie Beaton (Attachments: #1 Exhibit 1)(Benjamin, Theo) |
Filing 322 STATUS Report Joint by Archie Beaton (Benjamin, Theo) |
Filing 321 ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk3, Docket) |
Filing 320 MINUTE entry before the Honorable Andrea R. Wood: Telephone status hearing held. The Court will rule on Counterdefendant's motion to dismiss counterclaim pursuant to Rule 12(b)(6) #277 and Plaintiff's motion to exclude testimony of Kyle Flood #286 in short order. By 7/24/2020, the parties shall file a joint status report with their proposal for completing any discovery pertaining to Mr. Flood, if necessary, and proceeding with summary judgment briefing. Mailed notice. (dal, ) |
Filing 319 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 6/19/2020 is stricken and reset for a telephone status hearing on 6/30/2020 at 9:45 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (dal, ) |
Filing 318 ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket1, ) |
Filing 317 ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket1, ) |
Filing 316 MINUTE entry before the Honorable Andrea R. Wood: Consistent with Second Amended General Order 20-0012, the status hearing set for 4/17/2020 is stricken and reset for 6/19/2020 at 9:00 AM. Mailed notice. (dal, ) |
Filing 315 ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) |
Filing 314 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel to withdraw as attorney #312 is granted. Attorney Kevin Krikor Kearney is withdrawn as counsel of record. The motion presentment date of 4/17/2020 is stricken; parties need not appear. Status hearing set for 4/17/2020 remains firm. Mailed notice (ef, ) |
Filing 313 NOTICE of Motion by Kevin Krikor Kearney for presentment of motion to withdraw as attorney #312 before Honorable Andrea R. Wood on 4/17/2020 at 09:00 AM. (Kearney, Kevin) |
Filing 312 MOTION by Attorney Kevin Kearney to withdraw as attorney for SpeedyPC Software. No party information provided (Kearney, Kevin) |
Filing 311 MINUTE entry before the Honorable Andrea R. Wood: Consistent with Amended General Order 20-0012, the status hearing set for 3/19/2020 is stricken and reset for 4/17/2020 at 9:00 AM. Mailed notice (aw,) |
Filing 310 ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (docket1, ) |
Filing 309 MINUTE entry before the Honorable Andrea R. Wood: The Court hereby authorized Plaintiff to proceed with notice to class members based on Plaintiff's proposed plan and schedule for notice set out in Section II of the parties' joint status report #242 . The Court approves the proposed form of e-mail notice attached as Exhibit A to the status report at Docket No. [242-1], the proposed form of postcard notice attached as Exhibit B to the status report at Docket No. [242-2], and the proposed long-form website notice attached as Exhibit C to the status report at Docket No. [242-3]. The Court finds that Plaintiff's proposed notice plan represents the best notice that is practicable under the circumstances and otherwise satisfies the requirements of Fed. R. Civ. P. 23(c)(2). In addition, the Court understands that all outstanding issues regarding Plaintiff's motion for rule to show cause #257 were resolved as stated on the record during the court hearings on 6/19/2019 #266 and 7/9/2019 #267 . Accordingly, Plaintiff's motion #257 is denied as stated at the 7/9/2019 status hearing and the motion will be terminated on the docket. Mailed notice (ef, ) |
Filing 308 MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. Pursuant to the discussion held in open court, the status hearing is continued to 3/19/2020 at 9:00 AM. Mailed notice (ef, ) |
Filing 307 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel to withdraw as attorney #306 is granted. Attorney Jacqueline Criswell is withdrawn as counsel for Defendant SpeedyPC Software. Mailed notice (ef, ) |
Filing 306 MOTION by Attorney Jacqueline A. Criswell to withdraw as attorney for SpeedyPC Software. No party information provided (Attachments: #1 Notice of Filing Notice of Motion)(Borcia, James) |
Filing 305 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel to withdraw as attorney #303 is granted. Attorney Sydney M. Janzen is withdrawn as counsel of record. Mailed notice (ef, ) |
Filing 304 NOTICE of Motion by Sydney M. Janzen for presentment of motion to withdraw as attorney #303 before Honorable Andrea R. Wood on 3/5/2020 at 09:00 AM. (Janzen, Sydney) |
Filing 303 MOTION by Attorney Sydney M. Janzen to withdraw as attorney for Archie Beaton. No party information provided (Janzen, Sydney) |
Filing 302 NOTICE of Motion by James Kenneth Borcia for presentment of motion for summary judgment #299 before Honorable Andrea R. Wood on 3/5/2020 at 09:00 AM. (Borcia, James) |
Filing 301 RULE 56 56.1(a)(3) Statement by SpeedyPC Software regarding motion for summary judgment #299 re SpeedyPC's Statement of Material Facts in Support of Its Motion for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Borcia, James) |
Filing 300 MEMORANDUM by SpeedyPC Software in support of motion for summary judgment #299 (Borcia, James) |
Filing 299 MOTION by Defendant SpeedyPC Software for summary judgment (Borcia, James) |
Filing 298 REPLY by Plaintiff Archie Beaton to motion for sanctions, #286 (Benjamin, Theo) |
Filing 297 RESPONSE by Counter Claimant SpeedyPC Software to motion for sanctions, #286 re SpeedyPC's Response to Plaintiff's Motion to Exclude Testimony of Kyle Flood (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Errata 8)(Borcia, James) |
Filing 296 MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. Pursuant to the discussion held in open court, Defendant's motion for clarification #291 is taken under advisement as fully-briefed for ruling. By request and agreement of the parties, the briefing schedule on Plaintiff's motion for sanctions #286 is extended as follows: Defendant shall respond by 12/4/2019 and Plaintiff shall reply by 1/6/2020. As stated in open court, dispositive motions shall be filed 60 days after the Court's ruling on motion for clarification #291 . Status hearing set for 3/5/2020 at 9:00 AM. Mailed notice (ef, ) |
Filing 295 REPLY by Counter Claimant SpeedyPC Software, Defendant SpeedyPC Software to motion to clarify #291 Plaintiff's Claims and Pleadings (Borcia, James) |
Filing 294 ATTORNEY Appearance for Plaintiff Archie Beaton by Theo J. Benjamin (Benjamin, Theo) |
Filing 293 RESPONSE by Archie Beaton to MOTION by Counter Claimant SpeedyPC Software, Defendant SpeedyPC Software to clarify Plaintiff's Claims and Pleadings #291 (Tievsky, Alexander) |
Filing 292 NOTICE of Motion by James Kenneth Borcia for presentment of motion to clarify #291 before Honorable Andrea R. Wood on 11/21/2019 at 09:00 AM. (Borcia, James) |
Filing 291 MOTION by Counter Claimant SpeedyPC Software, Defendant SpeedyPC Software to clarify Plaintiff's Claims and Pleadings (Attachments: #1 Exhibit A)(Borcia, James) |
Filing 290 MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the status hearing set for 11/13/2019 is stricken and reset for 11/21/2019 at 09:00 AM. Mailed notice (ef, ) |
Filing 289 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 11/6/2019 is stricken and reset for 11/13/2019 at 09:00 AM. Mailed notice (ef, ) |
Filing 288 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. The Court sets the following briefing schedule on Plaintiff's motion for sanctions #286 : Defendant shall respond by 11/27/2019 and Plaintiff shall reply by 12/18/2019. Pursuant to the discussion held in open court, expert discovery remains open for the limited purpose of deposing Kyle Flood if appropriate based upon the Court's ruling on the pending motion. All other expert discovery is complete. Status hearing set for 11/6/2019 #280 remains firm. Mailed notice (ef, ) |
Filing 287 NOTICE of Motion by Alexander Glenn Tievsky for presentment of motion for sanctions, #286 before Honorable Andrea R. Wood on 10/30/2019 at 09:00 AM. (Tievsky, Alexander) |
Filing 286 MOTION by Plaintiff Archie Beaton for sanctions (Attachments: #1 Exhibit A SpeedyPC's Expert Witness Disclosure, #2 Exhibit B Rule 26(a)(1) Initial Disclosures of SpeedyPC Software, #3 Exhibit C Amended Rule 26(a)(1) Initial Disclosures of SpeedyPC Software, #4 Exhibit D Responses of SpeedyPC Software to First Set of Interrogatories and Document Requests, #5 Exhibit E SpeedyPC Software Supplemental Rule 26(a)(1) Disclosures)(Tievsky, Alexander) |
Filing 285 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's Unopposed Motion for extension of time to complete expert discovery #283 is granted. All expert discovery shall be completed by 10/30/2019. The motion presentment date of 10/23/2019 is stricken; parties need not appear. Mailed notice (ef, ) |
Filing 284 NOTICE of Motion by Sydney M. Janzen for presentment of motion for extension of time to complete discovery #283 before Honorable Andrea R. Wood on 10/23/2019 at 09:00 AM. (Janzen, Sydney) |
Filing 283 MOTION by Plaintiff Archie Beaton for extension of time to complete discovery (Janzen, Sydney) |
Filing 282 REPLY by Counter Defendant Archie Beaton to response to motion #281 in Support of Motion to Dismiss Counterclaim (Tievsky, Alexander) |
Filing 281 RESPONSE by SpeedyPC Software to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendant Archie Beaton #277 (Borcia, James) |
Filing 280 MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. The Court sets the following briefing schedule on Defendant's motion to dismiss #277 : Plaintiff shall respond by 10/1/2019 and Defendants shall reply by 10/8/2019. Status hearing set for 11/6/2019 at 9:00 AM. Mailed notice (ef, ) |
Filing 279 NOTICE of Motion by Alexander Glenn Tievsky for presentment of Motion to Dismiss for Failure to State a Claim #277 before Honorable Andrea R. Wood on 9/17/2019 at 09:00 AM. (Tievsky, Alexander) |
Filing 278 MEMORANDUM by Archie Beaton in support of Motion to Dismiss for Failure to State a Claim #277 (Attachments: #1 Exhibit A - EULA)(Tievsky, Alexander) |
Filing 277 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendant Archie Beaton (Tievsky, Alexander) |
Filing 275 COUNTERCLAIM filed by SpeedyPC Software against Archie Beaton .(Borcia, James) |
Filing 276 MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. Defendant's unopposed motion to extend time to produce documents #268 is granted. Plaintiff's unopposed motion for extension of expert disclosure deadline #270 is granted. The Court extends the discovery schedule as follows: Plaintiff's expert disclosures are due by 8/23/2019; Defendant's expert disclosures are due by 9/23/2019; and all expert discovery shall be completed by 10/23/2019. For the reasons stated on the record, Plaintiff's motion to compel responses from defense counsel #272 is granted in part. The parties' shall each submit a Word version of their proposed class notice the Court's Proposed Order emailbox by 8/16/2019. As stated on the record, Beaton shall have until 9/10/2019 to answer or otherwise plead in response to SpeedyPC's anticipated amended counterclaim. Status hearing set for 9/17/2019 at 9:00 AM. Mailed notice (ef, ) |
Filing 274 ORDER signed by the Honorable Andrea R. Wood on 8/6/2019: Defendant SpeedyPC's motion for leave to file counterclaim #243 is granted in part. SpeedyPC may assert its counterclaim against Beaton only and not the certified class. SpeedyPC shall file an amended counterclaim that reflects the Court's ruling by 8/13/2019. Beaton shall have until 8/27/2019 to answer or otherwise plead in response. See the accompanying Statement for details. Mailed notice(ef, ) |
Filing 273 NOTICE of Motion by Sydney M. Janzen for presentment of motion to compel #272 before Honorable Andrea R. Wood on 8/6/2019 at 09:00 AM. (Janzen, Sydney) |
Filing 272 MOTION by Plaintiff Archie Beaton to compel response from defense counsel (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Janzen, Sydney) |
Filing 271 NOTICE of Motion by Sydney M. Janzen for presentment of extension of time #270 before Honorable Andrea R. Wood on 8/6/2019 at 09:00 AM. (Janzen, Sydney) |
Filing 270 MOTION by Plaintiff Archie Beaton for extension of time Plaintiff's Unopposed Motion for Extension of Expert Disclosure Deadline (Janzen, Sydney) |
Filing 269 NOTICE of Motion by James Kenneth Borcia for presentment of extension of time #268 before Honorable Andrea R. Wood on 8/6/2019 at 09:00 AM. (Borcia, James) |
Filing 268 MOTION by Defendant SpeedyPC Software for extension of time to produce documents (Borcia, James) |
Filing 267 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. As stated on the record, the Court's written ruling on the pending motion shall be issued in short order. Pursuant to the discussion held in open court, Defendant shall produce outstanding discovery by 7/16/2019. Status hearing 8/6/2019 at 9:00 AM. Mailed notice (ef, ) |
Filing 266 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. By 6/28/2019, counsel for Defendant shall provide Plaintiff with a letter confirming that he has inquired of the other third-party resellers to determine whether they have any additional class member identifying information and, if so, whether they will provide such information in response to Defendant's requests, informing Plaintiff of their responses. Pursuant to the discussion held in open court and for the reasons stated on the record, the deadline for the completion of fact discovery is extended to 7/15/2019. Status hearing set for 7/9/2019 at 9:00 AM. Mailed notice (ef, ) |
Filing 265 REPLY by Plaintiff Archie Beaton to motion for rule to show cause #257 (Attachments: #1 Exhibit 1)(Janzen, Sydney) |
Filing 264 RESPONSE by SpeedyPC Software to MOTION by Plaintiff Archie Beaton for rule to show cause #257 (Supplement to Response) (Borcia, James) |
Filing 263 RESPONSE by SpeedyPC Software to MOTION by Plaintiff Archie Beaton for rule to show cause #257 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Borcia, James) |
Filing 262 SUPPLEMENT to response in opposition to motion #249 regarding whether the proposed counterclaims are compulsory counterclaims (Tievsky, Alexander) |
Filing 261 SUPPLEMENT to (Supplemental Brief on Whether its Proposed Counterclaim is Compulsory) (Borcia, James) |
Filing 260 MINUTE entry before the Honorable Andrea R. Wood: Status and motion hearing held on 5/7/2019. Pursuant to the discussion held in open court and for the reasons stated on the record, Plaintiff's motion for rule to show cause #257 is taken under advisement. By 5/24/2019, Defendants to file a written response. Plaintiff's reply, if any, is due by 6/3/2019. Motion hearing set on 5/8/2019 is cancelled. As to Defendant's motion for leave to file counterclaim #243 , the parties are to make supplemental submissions regarding whether the proposed counterclaims are compulsory counterclaims by 5/17/2019. Status hearing set for 6/19/2019 at 9:00 a.m.Mailed notice (sxw, ) |
Filing 259 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing set for 5/8/2019 is stricken; parties need not appear. Mailed notice (ef, ) |
Filing 258 NOTICE of Motion by Sydney M. Janzen for presentment of motion for rule to show cause #257 before Honorable Andrea R. Wood on 5/8/2019 at 09:00 AM. (Janzen, Sydney) |
Filing 257 MOTION by Plaintiff Archie Beaton for rule to show cause (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Janzen, Sydney) |
Filing 256 SUR-REPLY by Plaintiff Archie Beaton to motion for leave to file #243 (Tievsky, Alexander) |
Filing 255 TRANSCRIPT OF PROCEEDINGS held on 3/07/19 before the Honorable Andrea R. Wood. Order Number: 33959. 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 5/14/2019. Redacted Transcript Deadline set for 5/24/2019. Release of Transcript Restriction set for 7/22/2019. (Kuemmeth, Colette) |
Filing 254 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Plaintiff's motion to strike reply #252 is denied as to the requested relief; however, Plaintiff is granted leave to file a surreply by 4/30/2019. Pursuant to the discussion held in open court, the parties' oral motion to extend discovery is granted. The Court extends the discovery schedule as follows: fact discovery shall be completed by 7/8/2019; Plaintiff's expert disclosures are due by 7/29/2019; Defendant's expert disclosures are due by 8/26/2019; and all expert discovery shall be completed by 9/23/2019. Status hearing set for 4/30/2019 is stricken and reset for 5/7/2019 at 9:00 AM. Mailed notice (ef, ) |
Filing 253 NOTICE of Motion by Alexander Glenn Tievsky for presentment of motion to strike #252 before Honorable Andrea R. Wood on 4/16/2019 at 09:00 AM. (Tievsky, Alexander) |
Filing 252 MOTION by Plaintiff Archie Beaton to strike reply to response to motion #251 (Tievsky, Alexander) |
Filing 251 REPLY by SpeedyPC Software to MOTION by Defendant SpeedyPC Software for leave to file counterclaim #243 (Attachments: #1 Notice of Filing Notice of Filing)(Borcia, James) |
Filing 250 MINUTE entry before the Honorable Andrea R. Wood: Defendant's motion for extension of time to supply e-mail addresses and for protective order #247 is granted. Defendant shall have until 4/16/2019 to produce the e-mail addresses and other contact information for potential class members as ordered at the 3/7/2019 status hearing. The class member information shall be designated as confidential pursuant to the protective order #35 in this matter. In light of that protective order, the Court fails to see any reason for an additional order specific to the class member information. Motion hearing set for 3/26/2019 is stricken; parties need not appear. Mailed notice (ef, ) |
Filing 249 RESPONSE by Archie Beatonin Opposition to MOTION by Defendant SpeedyPC Software for leave to file counterclaim #243 (Tievsky, Alexander) |
Filing 248 NOTICE of Motion by James Kenneth Borcia for presentment of extension of time #247 before Honorable Andrea R. Wood on 3/26/2019 at 09:00 AM. (Borcia, James) |
Filing 247 MOTION by Defendant SpeedyPC Software for extension of time to supply email addresses and for protective order (Attachments: #1 Exhibit A)(Borcia, James) |
Filing 246 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. As stated on the record, the Court enters the following schedule for completing discovery. Fact discovery shall be completed by 6/7/2019; Plaintiff's expert disclosures are due by 6/28/2019; Defendant's expert disclosures are due by 7/26/2019; and all expert discovery shall be completed by 8/23/2019. The Court sets the following briefing schedule on Defendant's motion for leave to file counterclaim #243 : Plaintiff shall respond by 3/21/2019 and Defendant shall reply by 4/4/2019. By 3/21/2019, Defendant shall produce e-mail addresses and any other contact information for potential class members. The Court has taken Plaintiff's proposed plan for class notice under advisement. Status hearing set for 4/30/2019 at 9:00 AM. Mailed notice (ef, ) |
Filing 245 ATTORNEY Appearance for Plaintiff Archie Beaton by Alexander Glenn Tievsky (Tievsky, Alexander) (Main Document 245 replaced on 1/4/2022) (lma, ). |
Filing 244 NOTICE of Motion by James Kenneth Borcia for presentment of motion for leave to file #243 before Honorable Andrea R. Wood on 3/7/2019 at 09:00 AM. (Borcia, James) |
Filing 243 MOTION by Defendant SpeedyPC Software for leave to file counterclaim (Attachments: #1 Exhibit A)(Borcia, James) |
Filing 242 STATUS Report Joint Status Report by Archie Beaton (Attachments: #1 Exhibit A - Plaintiff's Proposed Email Notice, #2 Exhibit B - Plaintiff's Proposed Postcard Notice, #3 Exhibit C - Plaintiff's Proposed Website Long Form Notice, #4 Exhibit D - Defendant's Proposed Website Notice, #5 Exhibit E - Defendant's Proposed Email Notice)(Janzen, Sydney) |
Filing 241 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. By 2/18/2019, the parties shall meet and confer and file a joint status report that includes (1) a schedule for the completion of discovery, (2) a plan and schedule for notice to class members, and (3) the parties' views regarding prospects for settlement. Status hearing set for 3/7/2019 at 9:00 AM. Mailed notice (ef, ) |
Filing 240 MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the status hearing set for 12/20/2018 is stricken and reset for 1/24/2019 at 09:00 AM. Mailed notice (ef, ) |
Filing 239 CERTIFIED COPY OF OPINION from the USCA for the 7th Circuit; Argued 5/30/2018; Decided 10/31/2018 in USCA case no. 18-1010 (rp, ) |
Filing 238 BILL of Costs from the USCA, appeal no. 18-1010 (rp, ) |
Filing 237 CERTIFIED copy of order dated 11/28/2018 from the 7th Circuit regarding notice of appeal #213 ; Appellate case no. : 18-1010 (rp, ) |
Filing 236 CERTIFIED COPY OF USCA JUDGMENT dated 10/31/2018 regarding notice of appeal #213 ; USCA No. 18-1010 : The judgment of the District Court is AFFIRMED, with costs, in accordance withthe decision of this court entered on this date. (rp, ) |
Filing 235 MANDATE of USCA dated 12/6/2018 regarding notice of appeal #213 ;USCA No.18-1010 ; No record to be returned. (rp, ) |
Filing 234 MINUTE entry before the Honorable Andrea R. Wood: The parties electronically notified the Court that they are awaiting the Seventh Circuit's ruling on the pending class certification appeal. By request and agreement of the parties, the status hearing set for 10/25/2018 is stricken and reset for 12/20/2018 at 09:00 AM. Mailed notice (ef, ) |
Filing 233 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, the status hearing is continued to 10/25/2018 at 9:00 AM. Mailed notice (ef, ) |
Filing 232 INSTANTER order dated 5/8/2018 from the 7th Circuit regarding notice of appeal #213 ; Appellate case no.: 18-1010: IT IS ORDERED that the appellee's redacted brief (doc. #27) is STRICKEN. IT IS FURTHER ORDERED that the clerk of this court shall file INSTANTER appellee's brief tendered with the motion to seal (doc. #24). The brief shall be placed in the public record and distributed to the assigned merits panel. (eaa, ) |
Filing 231 ORDER dated 4/24/2018 from the 7th Circuit regarding notice of appeal #213 ; Appellate case no. : 18-1010: In light of the parties' agreement that the references in the appellee's brief need not remain sealed on appeal, IT IS ORDERED that the appellee's motion to seal is DENIED as unnecessary. (sxb, ) |
Filing 230 CERTIFIED copy of order dated 4/23/2018 from the 7th Circuit regarding notice of appeal #213 ; Appellate case no. : 18-1010; IT IS ORDERED that appellant must clarify its position regarding whether appellee may file a public unredacted brief by April 26, 2018. (sxb, ) |
Filing 229 MINUTE entry before the Honorable Andrea R. Wood:The previous order setting status for 7/10/81 is stricken. The status hearing is reset for 6/26/18 at 9:00 a.m. Mailed notice (air, ) |
Filing 228 MINUTE entry before the Honorable Andrea R. Wood:Status hearing set for 6/26/2018 is stricken and reset for 7/10/2018 at 09:00 AM. Mailed notice (air, ) |
Filing 227 NOTICE by David Ira Mindell of Change of Address (Mindell, David) |
Filing 226 NOTICE by Benjamin Harris Richman of Change of Address (Richman, Benjamin) |
Filing 225 NOTICE by Sydney M. Janzen of Change of Address (Janzen, Sydney) |
Filing 224 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel to withdraw as attorney #221 is granted. Attorney Amir Cheyenne Missaghi is withdrawn as counsel of record for Plaintiff. The motion presentment date of 2/15/2018 is stricken. Parties need not appear. Mailed notice (ef, ) |
Filing 223 NOTICE of Correction regarding NOTICE of Motion #219 (sxb, ) |
Filing 222 Corrected NOTICE of Motion by Benjamin Harris Richman for presentment of motion to withdraw as attorney #221 before Honorable Andrea R. Wood on 2/15/2018 at 09:00 AM. (Richman, Benjamin) |
Filing 221 MOTION by Attorney Amir C. Missaghi to withdraw as attorney for Archie Beaton. No party information provided (Richman, Benjamin) |
Filing 220 NOTICE of Motion by Benjamin Harris Richman for presentment of motion to withdraw as attorney #219 before Honorable Andrea R. Wood on 2/15/2018 at 09:00 AM. (Richman, Benjamin) |
Filing 219 NOTICE of Motion by Attorney Amir C. Missaghi (Richman, Benjamin) (Docket Text modified by Clerk's Office). |
Filing 218 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 2/15/2018 is stricken and reset for 4/24/2018 at 09:00 AM. Mailed notice (ef, ) |
Filing 217 MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the Status hearing set for 2/6/2018 is stricken and reset for 2/15/2018 at 09:00 AM. Mailed notice (ef, ) |
Filing 216 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #213 ; USCA Case No. 18-1010. (sxb, ) |
Filing 215 TRANSMITTED to the 7th Circuit the short record on notice of appeal #213 . Notified counsel (ek, ) |
Filing 214 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #213 (ek, ) |
Filing 212 PAYMENT by SpeedyPC Software of Filing fee $505.00, receipt number 4624195481. (sxb, ) |
Filing 211 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, discovery in this matter is stayed with the exception of the discovery necessary resolve outstanding issues regarding Beaton's individual claim. Status hearing set for 2/6/2018 at 9:00 AM. Mailed notice (rth) |
Filing 210 MEMORANDUM Opinion and Order signed by the Honorable Andrea R. Wood on 12/21/2017. Mailed notice(ef, ) |
Filing 209 MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies Defendant's motion to bar Plaintiff's expert Craig Snead #143 , and denies in part and grants in part Plaintiff's motion to strike the expert report and testimony of Defendant's expert Monty G. Myers #145 , striking paragraphs 83, 127, and 128 from Myers's expert report and barring any testimony from Myers on the subject matter of those paragraphs.Mailed notice (ef, ) |
Filing 213 NOTICE of appeal by SpeedyPC Software regarding orders #202 , #201 Filing fee $ 505. receipt number 4624195481. (ek, ) |
Filing 208 CERTIFIED copy of order dated 12/15/2017 from the 7th Circuit ; Appellate case no. : 17-8021: IT IS ORDERED that the petition for permission to appeal pursuant to Federal Rule of Civil Procedure 23(f) is GRANTED. Petitioner shall pay the required appellate fees to the clerk of the district court within fourteen days from the entry of this order pursuant to Federal Rule of Appellate Procedure 5(d)(1). Once the district court notifies this court that the fees have been paid, the appeal will be entered on the court's general docket. (sxb, ) |
Filing 207 MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. Pursuant to the discussion held in open court and for the reasons stated on the record, Defendant's motion to compel payment #203 is granted and Defendant's motion to stay case #205 is denied. Status hearing set for 12/21/2017 at 9:00 AM. Mailed notice (ef, ) |
Filing 206 ATTORNEY Appearance for Plaintiff Archie Beaton by Sydney M. Janzen (Janzen, Sydney) |
Filing 205 MOTION by Defendant SpeedyPC Software to stay case (Borcia, James) |
Filing 204 NOTICE of Motion by James Kenneth Borcia for presentment of motion to compel #203 before Honorable Andrea R. Wood on 11/7/2017 at 09:00 AM. (Borcia, James) |
Filing 203 MOTION by Defendant SpeedyPC Software to compel payment (Attachments: #1 Exhibit A)(Borcia, James) |
Filing 202 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. As stated in open court, the Court construes Defendant's motion to vacate order #199 as a motion for extension of time to file notice of appeal and that motion is granted. Pursuant to Fed. R. App. P. 4(a)(5), the Court extends the time for Defendant to file a notice of appeal of the class certification order until 11/15/2017. Status hearing set for 11/7/2017 #198 remains firm. Mailed notice (ef, ) |
Filing 201 MEMORANDUM Opinion signed by the Honorable Andrea R. Wood on 10/19/2017. Mailed notice(ef, ) |
Filing 200 NOTICE of Motion by James Kenneth Borcia for presentment of motion to vacate, #199 before Honorable Andrea R. Wood on 10/19/2017 at 09:00 AM. (Borcia, James) |
Filing 199 MOTION by Defendant SpeedyPC Software to vacate order on motion to certify class,,,, order on sealed motion,,,, order on motion to supplement,,,, text entry,,,, class action certified,,, #197 (Motion to Vacate or Re-Enter 9/30/17 Order) (Borcia, James) |
Filing 198 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. As stated on the record, 14 days after the issuance of the Court's opinions regarding Plaintiff's motion for class certification and the parties' respective motions to bar experts, the parties shall submit a modified schedule for the completion of merits discovery and class certification notice. Status hearing set for 11/7/2017 at 9:00 AM. Mailed notice (ef, ) |
Filing 197 MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the Memorandum Opinion to follow, Plaintiff's motion for class certification #124 is granted in part. The Court grants Plaintiff's motion to certify a class to bring contractual warranty claims for breaches of the implied warranties of fitness for a particular purpose and merchantability. With respect to the proposed subclass, the Court revises the subclass definition to include all Class members who reside in Illinois in order to bring claims for fraudulent misrepresentation under the Illinois Consumer Fraud Act. Defendant's motion to supplement response to Plaintiff's motion for class certification and for sanctions #188 , #192 is granted as to the request to supplement the response and denied as to sanctions. Mailed notice (aw,) |
Filing 196 MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the Status hearing set for 9/20/2017 is stricken and reset for 10/3/2017 at 09:00 AM. Mailed notice (ef, ) |
Filing 195 MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the Status hearing set for 9/19/2017 is stricken and reset for 9/20/2017 at 09:00 AM. Mailed notice (ef, ) |
Filing 194 MINUTE entry before the Honorable Andrea R. Wood: Defendant's Motions to supplement responses #188 and #192 are taken under advisement. The motion presentment dates of 8/31/2017 and 9/5/2017 are stricken. Parties need not appear. Status hearing set for 9/5/2017 is stricken and reset for 9/19/2017 at 09:00 AM. Mailed notice (ef, ) |
Filing 193 RE- NOTICE of Motion by James Kenneth Borcia for presentment of motion to supplement #192 before Honorable Andrea R. Wood on 9/5/2017 at 09:00 AM. (Borcia, James) |
Filing 192 MOTION by Defendant SpeedyPC Software to supplement Response to Plaintiff's Motion for Class Certification and for Sanctions (Attachments: #1 Exhibit Redacted Exhibit A, #2 Exhibit Exhibit B)(Borcia, James) |
Filing 191 NOTICE of Motion by James Kenneth Borcia for presentment of Sealed motion #188 before Honorable Andrea R. Wood on 8/31/2017 at 09:00 AM. (Borcia, James) |
Filing 190 SEALED EXHIBIT by Defendant SpeedyPC Software Exhibit B regarding SEALED MOTION by Defendant SpeedyPC Software TO SUPPLEMENT RESPONSE TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND FOR SANCTIONS #188 (Borcia, James) |
Filing 189 SEALED EXHIBIT by Defendant SpeedyPC Software Exhibit A regarding SEALED MOTION by Defendant SpeedyPC Software TO SUPPLEMENT RESPONSE TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND FOR SANCTIONS #188 (Borcia, James) |
Filing 188 SEALED MOTION by Defendant SpeedyPC Software TO SUPPLEMENT RESPONSE TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION AND FOR SANCTIONS (Borcia, James) |
Filing 187 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 8/2/2017 is stricken and reset for 9/5/2017 at 09:00 AM. Mailed notice (ef, ) |
Filing 186 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, the parties serve their supplemental discovery responses by 7/21/2017. Status hearing set for 8/2/2017 at 9:00 AM. Mailed notice (ef, ) |
Filing 185 AMENDED Answer by SpeedyPC Software to (third amended answer to complaint) complaint #1 (Borcia, James) |
Filing 184 ORDER signed by the Honorable Andrea R. Wood on 6/20/2017: The motion by Defendant SpeedyPC Software ("SpeedyPC") to file its Third Amended Answer #112 is granted, but SpeedyPC's Tenth Affirmative Defense asserted therein is stricken. SpeedyPC shall separately file its Third Amended Answer by June 23, 2017. The Court grants SpeedyPC's motion for leave to file a sur-response to Plaintiff Archie Beaton's motion for class certification #160 , Beaton's motion to supplement his motion for class certification #171 , and SpeedyPC's motion for leave to file reply briefs #181 . The Court denies SpeedyPC's motion for sanctions for spoliation of evidence #113 . As a result of the Court's ruling on SpeedyPC's motion for spoliation sanctions, Beaton's motion to strike the supplemental expert report of Monty G. Myers and SpeedyPC's reply in support of its motion for sanctions #168 is denied as moot. The Court grants in part SpeedyPC's motion to compel reimbursement of its expert's deposition expenses #154 in the total amount of $14,500; the Court will not require Beaton to tender immediate payment, however, but instead will allow Beaton to elect to pay upon the final disposition of the case. The Court declines to award SpeedyPC its fees in bringing the motion to compel. The Court grants SpeedyPC's motion to compel Beaton to respond to discovery relating to the expert referenced in the Complaint #156 , but denies SpeedyPC's motion to compel the deposition of Amir Missaghi #162 . See the accompanying Statement for details. Mailed notice(ef, ) |
Filing 183 MINUTE entry before the Honorable Andrea R. Wood: Defendant's motion for leave to file reply briefs #181 is taken under advisement for ruling along with the other pending motions. Motion and status hearing set for 5/23/2017 is stricken. Status hearing reset for 6/21/2017 at 09:00 AM. Mailed notice (aw,) |
Filing 182 SPEEDYPC'S NOTICE of Motion by James Kenneth Borcia for presentment of motion for leave to file #181 before Honorable Andrea R. Wood on 5/23/2017 at 09:00 AM. (Borcia, James) |
Filing 181 MOTION by Defendant SpeedyPC Software for leave to file Reply Briefs (Attachments: #1 Supplement, #2 Exhibit 1, #3 Exhibit 2, #4 Supplement, #5 Supplement, #6 Supplement)(Borcia, James) |
Filing 180 MEMORANDUM by Archie Beaton in Opposition to motion to compel #154 (Richman, Benjamin) |
Filing 179 RESPONSE by Defendant SpeedyPC Software to motion to supplement, #171 re: Speedys Response to Plaintiff's Motion to Supplement Motion for Class Certification (Borcia, James) |
Filing 178 RESPONSE by Defendant SpeedyPC Software to reply to response to motion #173 re: Speedy s Response to Plaintiff's Motion to Strike Supplemental Expert Report of Monty G. Myers and Defendant's Reply in Support of Motion for Sanctions (Borcia, James) |
Filing 177 MEMORANDUM by Archie Beaton in Opposition to motion to compel, #156 (Attachments: #1 Declaration of Benjamin H. Richman)(Richman, Benjamin) |
Filing 176 MINUTE entry before the Honorable Andrea R. Wood: Motion presentment date of 4/25/2017 is stricken. Parties need not appear. Mailed notice (ef, ) |
Filing 174 REPLY by Defendant SpeedyPC Software to memorandum in opposition to motion #152 , motion to bar #143 - SpeedyPC's Reply in Support of Its Motion to Bar Plaintiff's Expert Craig Snead (Borcia, James) |
Filing 173 REPLY by Archie Beaton to Response #153 - Plaintiff Beaton's Reply in Support of Motion to Strike Expert Report and Testimony of Monty G. Myers (Attachments: #1 Declaration of Benjamin H. Richman)(Richman, Benjamin) |
Filing 175 ORDER: Motion hearing held. Motions by counsel to withdraw as attorney #158 #164 are granted. Attorney Courtney C. Booth is withdrawn as counsel for Plaintiff Archie Beaton. Attorney Jacqueline Criswell is withdrawn as counsel for Defendant SpeedyPC Software. Pursuant to the discussion held in open court, Plaintiff's responses to Defendant's motions to compel #154 #156 shall be filed by 4/26/2017. Defendants oral motion to seal exhibits is granted. The Clerk is directed to seal exhibits [114-9] [135-3] [146-2] and maintain under seal until further order of this Court. Only counsel for Plaintiff, Defendant, and Court staff shall have access to these documents. Plaintiff may respond to Defendant's motion to compel reimbursement of expenses #154 and motion to compel Plaintiff to respond to discovery relating to his expert referenced in his complaint #156 by 4/26/2017. Defendant may respond to Plaintiff's motion to supplement motion for class certification #171 and Plaintiff's motion to strike supplemental expert report and Defendant's reply in support of motion for sanctions #168 by 4/26/2017. Status hearing set for 5/23/2017 at 9:00 AM. Signed by the Honorable Andrea R. Wood on 4/19/2017. Mailed notice (tt, ) |
Filing 172 NOTICE of Motion by Benjamin Harris Richman for presentment of motion to supplement, #171 before Honorable Andrea R. Wood on 4/25/2017 at 09:00 AM. (Richman, Benjamin) |
Filing 171 MOTION by Plaintiff Archie Beaton to supplement motion for class certification (Attachments: #1 Declaration of Amir C. Missaghi, #2 Plaintiff's Third Set of Requests for Production, #3 Defendant's Responses to Third Set of Requests for Production, #4 E-mail Exchange Between Counsel for Parties Regarding Document Production, #5 Document SPEEDY 34682, #6 Metadata Associated with Document SPEEDY 34682)(Richman, Benjamin) |
Filing 170 NOTICE of Motion by Benjamin Harris Richman for presentment of motion to strike, motion for relief #168 before Honorable Andrea R. Wood on 4/25/2017 at 09:00 AM. (Richman, Benjamin) |
Filing 169 MEMORANDUM by Archie Beaton in support of motion to strike, motion for relief #168 (Richman, Benjamin) |
Filing 168 MOTION by Plaintiff Archie Beaton to strike reply #150 and Supplemental Expert Report of Monty G. Myers [150-6] (Richman, Benjamin) |
Filing 167 RESPONSE by Archie Beatonin Opposition to MOTION by Defendant SpeedyPC Software to compel Deposition of Amir Missaghi #162 (Richman, Benjamin) |
Filing 166 RESPONSE by Archie Beatonin Opposition to MOTION by Defendant SpeedyPC Software for leave to file Sur-Response #160 (Richman, Benjamin) |
Filing 165 NOTICE of Motion by Jacqueline A. Criswell for presentment of motion to withdraw as attorney #164 before Honorable Andrea R. Wood on 4/25/2017 at 09:00 AM. (Criswell, Jacqueline) |
Filing 164 MOTION by Attorney Jacqueline Criswell to withdraw as attorney for SpeedyPC Software. No party information provided (Criswell, Jacqueline) |
Filing 163 NOTICE of Motion by James Kenneth Borcia for presentment of motion to compel #162 before Honorable Andrea R. Wood on 4/19/2017 at 09:00 AM. (Borcia, James) |
Filing 162 MOTION by Defendant SpeedyPC Software to compel Deposition of Amir Missaghi (Borcia, James) |
Filing 161 NOTICE of Motion by James Kenneth Borcia for presentment of motion for leave to file #160 before Honorable Andrea R. Wood on 4/19/2017 at 09:00 AM. (Borcia, James) |
Filing 160 MOTION by Defendant SpeedyPC Software for leave to file Sur-Response (Borcia, James) |
Filing 159 NOTICE of Motion by Benjamin Harris Richman for presentment of motion to withdraw as attorney #158 before Honorable Andrea R. Wood on 4/25/2017 at 09:00 AM. (Richman, Benjamin) |
Filing 158 MOTION by Attorney Courtney C. Booth to withdraw as attorney for Archie Beaton. No party information provided (Richman, Benjamin) |
Filing 157 NOTICE of Motion by James Kenneth Borcia for presentment of motion to compel, #156 before Honorable Andrea R. Wood on 4/19/2017 at 09:00 AM. (Borcia, James) |
Filing 156 MOTION by Defendant SpeedyPC Software to compel Plaintiff to Respond to Discovery Relating to His Expert Referenced in His Complaint (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Borcia, James) |
Filing 155 NOTICE of Motion by James Kenneth Borcia for presentment of motion to compel #154 before Honorable Andrea R. Wood on 4/19/2017 at 09:00 AM. (Borcia, James) |
Filing 154 MOTION by Defendant SpeedyPC Software to compel Plaintiff to Reimburse Defendant's Expert's Deposition Expenses (Borcia, James) |
Filing 153 RESPONSE by Defendant SpeedyPC Software to motion to strike #145 Expert Report and Testimony of Monty G. Myers (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Borcia, James) |
Filing 152 MEMORANDUM by Archie Beaton in Opposition to motion to bar #143 (Richman, Benjamin) |
Filing 151 RESPONSE by Archie Beatonin Support of MOTION by Plaintiff Archie Beaton to certify class #124 (Attachments: #1 Declaration of Amir Missaghi, #2 Exhibit 1 to Missaghi Declaration, #3 Exhibit 2 to Missaghi Declaration, #4 Exhibit 3 to Missaghi Declaration)(Richman, Benjamin) |
Filing 150 REPLY by Defendant SpeedyPC Software to motion for sanctions #113 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Borcia, James) |
Filing 149 SEALED EXHIBIT by Defendant SpeedyPC Software Exhibit A regarding reply #148 (Borcia, James) |
Filing 148 REPLY by Defendant SpeedyPC Software to motion for leave to file #112 Third Amended Answer (Attachments: #1 Exhibit B)(Borcia, James) |
Filing 146 MEMORANDUM by Archie Beaton in support of motion to strike #145 (Attachments: #1 Exhibit Transcript of Deposition of Monty G. Myers, #2 Exhibit Annotated Rebuttal Report of Monty G. Myers)(Richman, Benjamin) |
Filing 145 MOTION by Plaintiff Archie Beaton to strike Expert Report and Testimony of Monty G. Myers (Richman, Benjamin) |
Filing 147 ORDER: Motion hearing held. As stated on the record, Plaintiff's motion to bar shall be filed by 3/10/2017. The Court sets the following briefing schedule on the parties' cross motions to bar: responses shall be filed by 4/7/2017 and replies shall be filed by 4/21/2017. By agreement of the parties, Plaintiff's reply to Defendant's motion for leave to file third amended answer #112 and motion for sanctions #113 shall be filed by 3/23/2017. Status hearing set for 4/25/2017 is stricken and reset for 6/15/2017 at 9:00 AM. Signed by the Honorable Andrea R. Wood on 3/9/2017. Mailed notice (tt, ) |
Filing 144 NOTICE of Motion by James Kenneth Borcia for presentment of motion to bar #143 before Honorable Andrea R. Wood on 3/9/2017 at 09:00 AM. (Borcia, James) |
Filing 143 MOTION by Defendant SpeedyPC Software to bar Plaintiff's Expert Craig Snead (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Borcia, James) |
Filing 142 AMENDED response to motion, #135 (Exhibit L) (Borcia, James) |
Filing 141 AMENDED response to motion, #135 (Corrected Exhibit G) (Borcia, James) |
Filing 140 AMENDED response to motion, #135 (Corrected Exhibit C) (Borcia, James) |
Filing 139 AMENDED response to motion, #135 (Corrected Exhibit B) (Borcia, James) |
Filing 138 SEALED EXHIBIT by Defendant SpeedyPC Software regarding response to motion, #135 (Borcia, James) |
Filing 137 SEALED EXHIBIT by Defendant SpeedyPC Software regarding response to motion, #135 (Borcia, James) |
Filing 136 EXHIBITS D and E to Defendant's Response to Plaintiff's Motion for Class Certification by Defendant SpeedyPC Software (Attachments: #1 Exhibit E)(Borcia, James) Docket Text Modified Judicial Staff. |
Filing 135 RESPONSE by SpeedyPC Software to MOTION by Plaintiff Archie Beaton to certify class #124 (Attachments: #1 Exhibit Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit B-1, #5 Exhibit B-2, #6 Exhibit B-3, #7 Exhibit B-4, #8 Exhibit B-5, #9 Exhibit B-6, #10 Exhibit B-7, #11 Exhibit B-8, #12 Exhibit C, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J, #18 Exhibit K)(Borcia, James) |
Filing 134 RESPONSE by Archie Beatonin Opposition to MOTION by Defendant SpeedyPC Software for leave to file Third Amended Answer #112 (Attachments: #1 Declaration of Benjamin H. Richman)(Richman, Benjamin) |
Filing 133 MEMORANDUM by Archie Beaton in Opposition to motion for sanctions #113 (Attachments: #1 Exhibit, #2 Declaration, #3 Declaration, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Richman, Benjamin) |
Filing 132 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's Motion for leave to file excess pages #126 is granted. Plaintiff is granted leave to file a brief of up to 26 pages. Defendant shall also have up to 26 pages for its brief. Plaintiff's Motion for leave to file under seal document #128 is granted. The motion presentment date of 2/1/2017 #130 #131 is stricken. Parties need not appear. In light of the briefing schedule set in the Court's minute entry #111 , the motion presentment date of 2/1/2017 #129 is stricken. Parties need not appear. Mailed notice (ef, ) |
Filing 131 NOTICE of Motion by Benjamin Harris Richman for presentment of motion to seal document, motion for relief #128 before Honorable Andrea R. Wood on 2/1/2017 at 09:00 AM. (Richman, Benjamin) |
Filing 130 NOTICE of Motion by Benjamin Harris Richman for presentment of motion for leave to file excess pages #126 before Honorable Andrea R. Wood on 2/1/2017 at 09:00 AM. (Richman, Benjamin) |
Filing 129 NOTICE of Motion by Benjamin Harris Richman for presentment of motion to certify class #124 before Honorable Andrea R. Wood on 2/1/2017 at 09:00 AM. (Richman, Benjamin) |
Filing 128 MOTION by Plaintiff Archie Beaton to seal document exhibit, #127 - Memorandum, Exhibits 2, 3, 6, 8, 11, 12, and 19 (Richman, Benjamin) |
Filing 127 SEALED EXHIBIT by Plaintiff Archie Beaton - SEALED Memorandum and Exhibits 2, 3, 6, 8, 11, 12, and 19 regarding memorandum in support of motion,, #125 (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 6, #4 Exhibit 8, #5 Exhibit 11, #6 Exhibit 12, #7 Exhibit 19)(Richman, Benjamin) |
Filing 126 MOTION by Plaintiff Archie Beaton for leave to file excess pages for Docket No. 125 (Richman, Benjamin) |
Filing 125 MEMORANDUM by Archie Beaton in support of motion to certify class #124 - Redacted (Subject to Motion for Excess Pages) (Attachments: #1 Declaration of Benjamin H. Richman, #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 Declaration of Archie J. Beaton, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Richman, Benjamin) |
Filing 124 MOTION by Plaintiff Archie Beaton to certify class Responses due by 2/28/2017 (Richman, Benjamin) |
Filing 123 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's Motion for extension of time to file response/reply #121 is granted without objections. The Court extends the briefing schedule for Defendant's motion for leave to file third amended answer #112 and motion for sanctions #113 : Plaintiff shall have until 2/14/2017 to respond and Defendant shall have until 3/7/2017 to reply. Plaintiff's response briefs shall be limited to 15 pages as provided by the local rules. If Plaintiff files a consolidated response brief, however, leave is granted to file a brief of up to 25 pages. Defendant shall also have up to 25 pages for a consolidated reply brief. The motion presentment date of 1/31/2017 is stricken. Parties need not appear. Status hearing set for 4/25/2017 #111 remains firm. Mailed notice (ef, ) |
Filing 122 NOTICE of Motion by Benjamin Harris Richman for presentment of motion for extension of time to file response/reply, motion for relief, #121 before Honorable Andrea R. Wood on 1/31/2017 at 09:00 AM. (Richman, Benjamin) |
Filing 121 MOTION by Plaintiff Archie Beaton for extension of time to file response/reply as to motion for sanctions #113 , motion for leave to file #112 (Richman, Benjamin) |
Filing 120 AMENDED Exhibit E to Motion for Sanctions (Borcia, James) |
Filing 119 MINUTE entry before the Honorable Andrea R. Wood: Defendant's Agreed Motion to Withdraw Previously Filed Exhibit E to Motion for Sanctions #117 is granted. The Clerk is directed to seal Exhibit E attached to Defendant's memorandum in support of motion for sanctions [114-5]. The motion presentment date of 1/17/2017 is stricken. Parties need not appear. Mailed notice (ef, ) |
Filing 118 NOTICE of Motion by James Kenneth Borcia for presentment of motion to withdraw #117 before Honorable Andrea R. Wood on 1/17/2017 at 09:00 AM. (Borcia, James) |
Filing 117 MOTION by Defendant SpeedyPC Software to withdraw Agreed Motion to Withdraw Previously Filed Exhibit E to Motion for Sanctions (Borcia, James) |
Filing 116 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. The Court sets the following briefing schedule for Defendant's motion for leave to file third amended answer #112 and motion for sanctions #113 : Plaintiff shall have until 1/31/2017 to respond and Defendant shall have until 2/21/2017 to reply. Plaintiff's response briefs shall be limited to 15 pages as provided by the local rules. If Plaintiff files a consolidated response brief, however, leave is granted to file a brief of up to 25 pages. Defendant shall also have up to 25 pages for a consolidated reply brief. Status hearing set for 4/25/2017 #111 remains firm. Mailed notice (ef, ) |
Filing 115 NOTICE of Motion by James Kenneth Borcia for presentment of motion for sanctions #113 , motion for leave to file #112 before Honorable Andrea R. Wood on 12/20/2016 at 09:00 AM. (Borcia, James) |
Filing 114 MEMORANDUM by SpeedyPC Software in support of motion for sanctions #113 (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)(Borcia, James) |
Filing 113 MOTION by Defendant SpeedyPC Software for sanctions for Spoliation of Evidence (Borcia, James) |
Filing 112 MOTION by Defendant SpeedyPC Software for leave to file Third Amended Answer (Borcia, James) |
Filing 111 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, defense counsel shall continue to depose Plaintiff on 11/28/2016, with the deposition to be limited to no more than one hour. Plaintiff shall depose Defendant's rebuttal class certification expert by 12/21/2016. Plaintiff shall file his motion for class certification by 1/27/2017. Defendant shall file its response to Plaintiff's class certification motion by 2/28/2017. Plaintiff shall reply in support of his class certification motion by 3/28/2017. Any remaining fact discovery shall be completed 60 days following the Court's ruling on class certification. Status hearing set for 4/25/2017 at 9:00 AM. Mailed notice (ef, ) |
Filing 110 STATUS Report (Joint) by Archie Beaton (Booth, Courtney) |
Filing 109 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. As discussed on the record, the parties shall meet and confer regarding available dates in November and December 2016 for the deposition of Defendant's expert and the continuation of Plaintiff's deposition and file a joint status report by 11/9/2016. Status hearing set for 11/14/2016 at 9:00 AM. Mailed notice (ef, ) |
Filing 108 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. For the reasons stated on the record, Defendant's motion for extension for disclosure of expert report #102 and motion to compel #104 are granted. Defendant's expert disclosures are due by 10/19/2016. Defendant is granted leave to continue the deposition of Plaintiff. The deposition will be limited to no more than one hour and shall address only the newly-produced documents. Status hearing set for 11/2/2016 #97 remains firm. Mailed notice (ef, ) |
Filing 107 REPLY by SpeedyPC Software to MOTION by Defendant SpeedyPC Software for extension of time for disclosure of expert report #102 (Borcia, James) |
Filing 106 RESPONSE by Archie Beatonin Opposition to MOTION by Defendant SpeedyPC Software for extension of time for disclosure of expert report #102 (Attachments: #1 Declaration of Benjamin H. Richman)(Richman, Benjamin) |
Filing 105 NOTICE of Motion by James Kenneth Borcia for presentment of motion to compel #104 before Honorable Andrea R. Wood on 9/22/2016 at 09:00 AM. (Borcia, James) |
Filing 104 MOTION by Defendant SpeedyPC Software to compel (Borcia, James) |
Filing 103 NOTICE of Motion by James Kenneth Borcia for presentment of extension of time #102 before Honorable Andrea R. Wood on 9/22/2016 at 09:00 AM. (Borcia, James) |
Filing 102 MOTION by Defendant SpeedyPC Software for extension of time for disclosure of expert report (Borcia, James) |
Filing 101 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Pursuant to the discussion held in open court and for the reasons stated on the record, Defendant's motion to enforce stipulated protocol #98 is denied. Status hearing set for 11/2/2016 at 9:00 a.m. #97 remains firm. Mailed notice (ef, ) |
Filing 100 RESPONSE by Plaintiff Archie Beaton to motion to enforce #98 (Attachments: #1 Exhibit Declaration of Benjamin H. Richman)(Richman, Benjamin) |
Filing 99 NOTICE of Motion by James Kenneth Borcia for presentment of motion to enforce #98 before Honorable Andrea R. Wood on 7/27/2016 at 09:00 AM. (Borcia, James) |
Filing 98 MOTION by Defendant SpeedyPC Software to enforce stipulated protocol (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Borcia, James) |
Filing 97 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Defendant's oral motion to extend the expert discovery schedule is granted. Defendant shall depose Plaintiff's class certification experts by 8/31/2016. Defendant shall disclose rebuttal witnesses regarding class certification by 9/28/2016. Plaintiff shall depose Defendant's rebuttal class certification experts by 10/27/2016. All expert discovery regarding class certification shall be completed by 11/30/2016. Plaintiff shall file his motion for class certification by 1/6/2017. Defendant shall file its response to Plaintiff's class certification motion by 2/3/2017. Plaintiff shall reply in support of his class certification motion by 3/3/2017. Any remaining fact discovery shall be completed 60 days following the Court's ruling on class certification. Status hearing set for 11/2/16 at 9:00 AM. Mailed notice (ef, ) |
Filing 96 STIPULATION Regarding Protocol for Defendant's Inspection of Plaintiff Beaton's Computer (Borcia, James) |
Filing 95 MINUTE entry before the Honorable Andrea R. Wood: Joint motion to continue discovery deadlines #93 is granted. Plaintiff shall disclose expert witnesses and serve expert reports relating to class certification by 7/1/2016. Defendant shall depose Plaintiff's class certification experts by 8/1/2016. Defendant shall disclose rebuttal witnesses regarding class certification by 8/29/2016. Plaintiff shall depose Defendant's rebuttal class certification experts by 9/27/2016. All expert discovery regarding class certification shall be completed by 10/31/2016. Plaintiff shall file his motion for class certification by 12/2/2016. Defendant shall file its response to Plaintiff's class certification motion by 1/6/2017. Plaintiff shall reply in support of his class certification motion by 2/3/2017. Any remaining fact discovery shall be completed 60 days following the Court's ruling on class certification. The motion presentment date of 6/7/2016 is stricken. Parties need not appear. Status hearing set for 7/20/16 at 9:00 a.m. #92 remains firm. Mailed notice (ef, ) |
Filing 94 NOTICE of Motion by Courtney Christine Booth for presentment of motion to continue #93 before Honorable Andrea R. Wood on 6/7/2016 at 09:00 AM. (Booth, Courtney) |
Filing 93 MOTION by Plaintiff Archie Beaton to continue - Joint Motion to Continue Discovery Deadlines (Booth, Courtney) |
Filing 92 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 7/7/2016 is stricken and reset for 7/20/2016 at 09:00 AM. Mailed notice (ef, ) |
Filing 91 ATTORNEY Appearance for Plaintiff Archie Beaton by Amir Cheyenne Missaghi (Missaghi, Amir) |
Filing 90 ORDER: Status hearing held. Plaintiff's oral request to extend discovery is granted. Plaintiff shall disclose expert witnesses and serve expert reports relating to class certification by 6/15/2016. Defendant shall depose Plaintiff's class certification experts by 7/15/2016. Defendant shall disclose rebuttal witnesses regarding class certification by 8/15/2016. Plaintiff shall depose Defendant's rebuttal class certification experts by 9/15/2016. All expert discovery regarding class certification shall be completed by 10/17/2016. Plaintiff shall file his motion for class certification by 11/17/2016. Defendant shall file its response to Plaintiff's class certification motion by 12/19/2016. Plaintiff shall reply in support of his class certification motion by 1/19/2017. Any remaining fact discovery shall be completed 60 days following the Court's ruling on class certification. Status hearing set for 7/7/16 at 9:00 a.m. Signed by the Honorable Andrea R. Wood on April 6, 2016. Mailed notice(mr, ) |
Filing 89 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 4/7/2016 is stricken and reset for 4/6/2016 at 09:00 AM. Mailed notice (ef, ) |
Filing 88 MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the Status hearing set for 3/23/2016 is stricken and reset for 4/7/2016 at 09:00 AM. Mailed notice (ef, ) |
Filing 87 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Joint motion to continue discovery deadlines #85 is granted. The Court adopts the discovery schedule proposed in the parties motion to continue discovery #85 . Plaintiff shall disclose expert witnesses and serve expert reports relating to class certification by 4/29/2016. Defendant shall depose Plaintiff's class certification experts by 5/31/2016. Defendant shall disclose rebuttal witnesses regarding class certification by 6/28/2016. Plaintiff shall depose Defendant's rebuttal class certification experts by 7/29/2016. All expert discovery regarding class certification shall be completed by 8/30/2016. Plaintiff shall file his motion for class certification by 9/28/2016. Defendant shall file its response to Plaintiff's class certification motion by 10/28/2016. Plaintiff shall reply in support of his class certification motion by 11/29/2016. Any remaining fact discovery shall be completed 60 days following the Court's ruling on class certification. Status hearing set for 3/23/2016 at 9:00 a.m. Mailed notice (lcw, ) |
Filing 86 NOTICE of Motion by Courtney Christine Booth for presentment of motion to continue #85 before Honorable Andrea R. Wood on 1/5/2016 at 09:00 AM. (Booth, Courtney) |
Filing 85 MOTION by Plaintiff Archie Beaton to continue - Joint Motion to Continue Discovery Deadlines (Booth, Courtney) |
Filing 84 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held and continued to 1/19/2016 at 9:00 AM. Mailed notice (ef, ) |
Filing 83 MINUTE entry before the Honorable Andrea R. Wood: Motion Hearing held. In light of the parties' agreement, Defendant's motion to compel #81 is denied without prejudice to Defendant raising the matter in the future if the parties fail to resolve the dispute without Court intervention. The status hearing set for 9/30/2015 #80 is stricken and reset for 10/8/2015 at 9:00 AM. Mailed notice (ef, ) |
Filing 82 NOTICE of Motion by James Kenneth Borcia for presentment of motion to compel #81 before Honorable Andrea R. Wood on 8/26/2015 at 09:00 AM. (Borcia, James) |
Filing 81 MOTION by Defendant SpeedyPC Software to compel of Plaintiff's Computer (Attachments: #1 Exhibit A, #2 Exhibit B)(Borcia, James) |
Filing 80 MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. Having reviewed the parties' proposed discovery schedules, the Court declines to bifurcate class and merits discovery. Discovery shall proceed according to the following schedule. The parties shall file any motions to join parties or amend pleadings by 8/31/2015. Plaintiff shall disclose expert witnesses an serve expert reports relating to class certification by 12/31/2015. Defendant shall depose Plaintiff's class certification experts by 2/1/2016. Defendant shall disclose rebuttal witnesses regarding class certification by 2/29/2016. Plaintiff shall depose Defendant's rebuttal class certification experts by 3/31/2016. All expert discovery regarding class certification shall be completed by 5/2/2016. Plaintiff shall file his motion for class certification by 5/31/2016. Defendant shall file its response to Plaintiff's class certification motion by 6/30/2016. Plaintiff shall reply in support of his class certification motion by 8/1/2016. Any remaining fact discovery shall be completed 60 days following the Court's ruling on class certification. Status hearing set for 9/30/2015 at 9:00 AM. Mailed notice (ef, ) |
Filing 79 REPORT of Rule 26(f) Planning Meeting (Richman, Benjamin) |
Filing 78 Second Amended ANSWER to Complaint with Jury Demand by SpeedyPC Software(Borcia, James) |
Filing 77 MEMORANDUM Opinion and Order Signed by the Honorable Andrea R. Wood on 6/5/2015. Mailed notice(ef, ) |
Filing 76 MINUTE entry before the Honorable Andrea R. Wood: For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendant SpeedyPC's motion to dismiss pursuant to the forum non conveniens doctrine #43 is denied. Mailed notice (ef, ) |
Filing 75 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. The Court will rule on Defendant's motion to dismiss #43 in short order. The parties shall meet and confer regarding a discovery plan and submit a proposed discovery schedule by 6/24/2015. Status hearing set for 6/30/2015 at 9:00 AM. Mailed notice (ef, ) |
Filing 74 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 4/21/2015 is stricken and reset for 5/28/2015 at 9:00 AM. Mailed notice (ef, ) |
Filing 73 MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the status hearing set for 4/8/2015 is stricken and reset for 4/21/2015 at 9:00 AM.Mailed notice (ef, ) |
Filing 72 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel for the Plaintiff to withdraw as attorney #70 is granted. Attorney Chandler Randolph Givens is withdrawn as counsel of record for the Plaintiff. Status hearing set for 3/5/2015 is stricken and reset for 4/8/2015 at 09:00 AM.Mailed notice (ef, ) |
Filing 71 MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the status hearing set for 2/5/2015 is stricken and reset for 3/5/2015 at 9:00 a.m. Mailed notice (ef, ) |
Filing 70 MOTION by counsel for Plaintiff Archie Beaton to withdraw as attorney (Attachments: #1 Text of Proposed Order)(Givens, Chandler) |
Filing 69 REPLY by Defendant SpeedyPC Software to motion to dismiss #43 Based on Forum Non Conveniens (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit H, #5 Exhibit I)(Criswell, Jacqueline) |
Filing 68 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's unopposed motion for an extension of the briefing schedule on Defendant's forum non conveniens motion #65 is granted. Plaintiff's opposition to the motion shall be filed by 1/2/2015. Defendant's reply in support of the motion shall be filed by 1/26/2015. The motion presentment date of 1/6/2015 is stricken. Parties need not appear. Mailed notice (ac, ) |
Filing 67 RESPONSE by Archie Beatonin Opposition to MOTION by Defendant SpeedyPC Software to dismiss Pursuant to Forum Non Conveniens Doctrine #43 (Attachments: #1 Declaration of Benjamin H. Richman, #2 Excerpts of November 6, 2014 Deposition of Gary Theobald, #3 Excerpts of December 8, 2014 Deposition of Gary Theobald, #4 Excerpts of November 6, 2014 Deposition of Barry Dodd)(Richman, Benjamin) |
Filing 66 NOTICE of Motion by Courtney Christine Booth for presentment of motion for extension of time to file response/reply #65 before Honorable Andrea R. Wood on 1/6/2015 at 09:00 AM. (Booth, Courtney) |
Filing 65 MOTION by Plaintiff Archie Beaton for extension of time to file response/reply (Unopposed Motion) (Booth, Courtney) |
Filing 64 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's unopposed emergency motion for extension of briefing schedule #62 is granted. The briefing schedule for Defendant's motion to dismiss pursuant to the doctrine of forum non conveniens #43 is modified such that Plaintiff's response is due 12/29/2014 and Defendant's reply is due 1/22/2015. The motion presentment date of 12/19/2014 is stricken. Parties need not appear. Mailed notice (ac, ) |
Filing 63 NOTICE of Motion by Courtney Christine Booth for presentment of motion for extension of time to file response/reply #62 before Honorable Andrea R. Wood on 12/19/2014 at 09:00 AM. (Booth, Courtney) |
Filing 62 MOTION by Plaintiff Archie Beaton for extension of time to file response/reply (EMERGENCY Unopposed Motion) (Booth, Courtney) |
Filing 61 MINUTE entry before the Honorable Andrea R. Wood: Defendant's unopposed motion for leave to file a supplemental memorandum in support of its motion to dismiss #57 is granted. The briefing schedule for the motion to dismiss previously set in the Court's 11/26/2014 order #60 remains firm. The motion presentment date of 12/4/2014 is stricken. Parties need not appear. Mailed notice (ac, ) |
Filing 59 NOTICE of Motion by James Kenneth Borcia for presentment of motion for leave to file #57 before Honorable Andrea R. Wood on 12/4/2014 at 09:00 AM. (Borcia, James) |
Filing 58 MEMORANDUM (SUPPLEMENTAL) IN SUPPORT OF ITS MOTION TO DISMISS PURSUANT TO FORUM NON CONVENIENS DOCTRINE (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Borcia, James) |
Filing 57 MOTION by Defendant SpeedyPC Software for leave to file Supplemental Memorandum in Support of its Motion to Dismiss Pursuant to Forum Non Conveniens Doctrine (Borcia, James) |
Filing 60 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held on Plaintiff's motion to extend deadlines #55 . The motion is granted for the reason stated on the record. Plaintiff is granted extensions of time to depose Gary Theobold until 12/8/2014 and to respond to Defendant's motion to dismiss #43 until 12/22/2014. Defendant shall reply in support of its motion to dismiss by 1/15/2015. Defendant informed the Court that Defendant intends to seek leave to supplement its motion to dismiss the complaint. Defendant shall indicate in any motion for leave to supplement its motion to dismiss that the parties have met and conferred regarding the proposed supplement and whether Plaintiff opposes the supplement. Status hearing set for 1/6/2015 is stricken. Status hearing set for 2/5/2015 at 9:00 a.m. Mailed notice (ac, ) |
Filing 56 NOTICE of Motion by Courtney Christine Booth for presentment of extension of time #55 before Honorable Andrea R. Wood on 11/26/2014 at 09:00 AM. (Booth, Courtney) |
Filing 55 MOTION by Plaintiff Archie Beaton for extension of time (Joint Motion) (Booth, Courtney) |
Filing 54 ATTORNEY Appearance for Plaintiff Archie Beaton by Eve -Lynn J. Rapp (Rapp, Eve -Lynn) |
Filing 53 Order signed by the Honorable Andrea R. Wood on 10/10/2014: Plaintiff's Motion to Continue Briefing Schedule on Motion to Dismiss Under Doctrine of Forum Non Conveniens #46 and Defendant's Motion for Entry of Protective Order #49 are both granted in part and denied in part. Plaintiff is granted leave to depose Barry Dodd and Gary Theobald regarding only the private factors relevant to a forum non conveniens determination as articulated in Kamel v. Hill-Rom Co., Inc., 108 F.3d 799, 803 (7th Cir. 1997). However, the Court finds good cause, pursuant to Federal Rule of Civil Procedure 26(c)(1)(D), to enter a protective order staying all other discovery during the pendency of Defendant's forum non conveniens motion. Plaintiff shall depose Dodd and Theobald by 11/7/2014 and shall file his response to Defendants forum non conveniens motion by 11/21/2014. Defendant shall file any reply in support of its forum non conveniens motion by 12/5/2014. The status hearing set for 10/14/2014 is stricken. Status hearing set for 1/6/2015 at 9:00 a.m. See the accompanying Statement for details. Mailed notice (ac, ) |
Filing 52 AMENDED Answer by SpeedyPC Software to Plaintiff's complaint #1 (Borcia, James) |
Filing 51 MINUTE entry before the Honorable Andrea R. Wood: Defendant's motion for entry of a protective order #49 has been taken under advisement along with Plaintiff's motion to continue the briefing schedule on Defendant's motion to dismiss for forum non conveniens #46 . The Court will rule by mail. Accordingly, the motion presentment date of 9/25/2014 is stricken. Parties need not appear. Mailed notice (ac, ) |
Filing 50 NOTICE of Motion by Kevin Krikor Kearney for presentment of motion to continue,, #46 before Honorable Andrea R. Wood on 9/25/2014 at 09:00 AM. (Kearney, Kevin) |
Filing 49 MEMORANDUM by SpeedyPC Software in Opposition to motion to continue,, #46 Forum Non Conveniens Briefing and for Entry of Protective Order (Attachments: #1 Exhibit A)(Kearney, Kevin) |
Filing 48 ParetoLogic, Inc., d/b/a SpeedyPC Software ANSWER to Complaint with Jury Demand by SpeedyPC Software(Kearney, Kevin) |
Filing 47 NOTICE of Motion by Courtney Christine Booth for presentment of motion to continue,, #46 before Honorable Andrea R. Wood on 9/23/2014 at 09:00 AM. (Booth, Courtney) |
Filing 46 MOTION by Plaintiff Archie Beaton to continue Briefing Schedule on Motion to Dismiss Under Doctrine of Forum Non Conveniens (Attachments: #1 Exhibit Plaintiff Beaton's Second Set of Requests for the Production of Documents and Information to Defendant SpeedyPC, #2 Exhibit Plaintiff Beaton's Notice of Rule 30(b)(6) Deposition to Defendant SpeedyPC Software, #3 Exhibit Notice of Deposition of Barry Dodd Pursuant to Fed. R. Civ. P. 30(b)(1), #4 Exhibit Notice of Deposition of Gary Theobald Pursuant to Fed. R. Civ. P. 30(b)(1))(Booth, Courtney) |
Filing 45 REPORT of Rule 26(f) Planning Meeting (Booth, Courtney) |
Filing 44 MEMORANDUM by SpeedyPC Software in support of motion to dismiss #43 Pursuant to Forum Non Conveniens Doctrine (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kearney, Kevin) |
Filing 43 MOTION by Defendant SpeedyPC Software to dismiss Pursuant to Forum Non Conveniens Doctrine (Kearney, Kevin) |
Filing 42 MEMORANDUM Opinion and Order Signed by the Honorable Andrea R. Wood on 9/2/2014. Mailed notice (ac, ) |
Filing 41 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held; continued to 10/14/2014 at 9:00 a.m. Defendant's motion to dismiss #16 is denied. Memorandum Opinion and Order to follow separately. Defendant shall answer the complaint by 9/17/2014. Defendant reported that Defendant anticipates filing a motion to transfer this case based on forum non conveniens. Defendant shall file its motion to transfer on or before 9/9/2014; Plaintiff shall respond by 9/23/2014; and Defendant shall reply by 9/30/2014. Ruling by mail. Pursuant to the discussion held in open court, the stay on deposition discovery is lifted. The parties shall meet and confer regarding a discovery plan and file a proposed schedule with the Court by 9/16/2014. Mailed notice (ac, ) |
Filing 40 MINUTE entry before the Honorable Andrea R. Wood: The parties' agreed motion to continue status hearing #38 is granted. The status hearing on 8/14/2014 is stricken and reset for 9/2/2014 at 9:00 a.m. The motion presentment hearing on 8/12/2014 is stricken. Parties need not appear. Mailed notice (ac, ) |
Filing 39 NOTICE of Motion by Jacqueline A. Criswell for presentment of motion to continue #38 before Honorable Andrea R. Wood on 8/12/2014 at 09:00 AM. (Criswell, Jacqueline) |
Filing 38 MOTION by Defendant SpeedyPC Software to continue Status Hearing (Criswell, Jacqueline) |
Filing 37 MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the status hearing previously set for 7/31/2014 is stricken and reset for 8/14/2014 at 9:00 a.m. Mailed notice (ac, ) |
Filing 36 MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the status hearing set for 7/8/2014 is stricken and reset for 7/31/2014 at 9:00 a.m. Mailed notice (ac, ) |
Filing 35 STIPULATED PROTECTIVE Order Signed by the Honorable Andrea R. Wood on 5/12/2014. Mailed notice (ac, ) |
Filing 34 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held; continued to 7/8/2014 at 9:00 a.m. The parties' agreed motion for entry of a stipulated protective order is granted #30 #32 . Defendant's motion to dismiss #16 has been taken under advisement. Enter Stipulated Protective Order. Mailed notice (ac, ) |
Filing 33 NOTICE of Motion by Kevin Krikor Kearney for presentment of motion for leave to file #32 before Honorable Andrea R. Wood on 5/8/2014 at 09:00 AM. (Kearney, Kevin) |
Filing 32 MOTION by Defendant SpeedyPC Software for leave to file Stipulated Protective Order (Attachments: #1 Exhibit Exhibit A)(Kearney, Kevin) |
Filing 31 NOTICE of Motion by Kevin Krikor Kearney for presentment of motion for leave to file #30 before Honorable Andrea R. Wood on 5/8/2014 at 09:00 AM. (Kearney, Kevin) |
Filing 30 MOTION by Defendant SpeedyPC Software for leave to file Stipulated Protective Order (Attachments: #1 Exhibit Exhibit A)(Kearney, Kevin) |
Filing 29 MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the status hearing set for 4/16/2014 is stricken and reset for 5/8/2014 at 9:00 a.m. Mailed notice (ac, ) |
Filing 28 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held on Defendants motion to stay discovery #26 . The motion is denied for the reasons stated on the record. Pursuant to the Court's 2/18/2014 Order, the parties shall proceed with written discovery. Deposition discovery continues to be stayed. Status hearing set for 4/16/2014 remains firm. Mailed notice (ac, ) |
Filing 27 NOTICE of Motion by James Kenneth Borcia for presentment of motion to stay #26 before Honorable Andrea R. Wood on 3/25/2014 at 09:00 AM. (Borcia, James) |
Filing 26 MOTION by Defendant SpeedyPC Software to stay Discovery (Borcia, James) |
Filing 25 REPLY by SpeedyPC Softwarein Support of MOTION by Defendant SpeedyPC Software to dismiss #16 (Attachments: #1 Exhibit Group A, #2 Exhibit Group B)(Criswell, Jacqueline) Modified on 3/20/2014 (ea, ). |
Filing 24 ATTORNEY Appearance for Defendant SpeedyPC Software by James Kenneth Borcia (Borcia, James) |
Filing 23 RESPONSE by Archie Beatonin Opposition to MOTION by Defendant SpeedyPC Software to dismiss #16 (Attachments: #1 Robichaud v. SpeedyPC Software - Order Denying Motion to Dismiss)(Richman, Benjamin) |
Filing 22 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's unopposed motion for an extension of time to respond to Defendant's motion to dismiss #20 is granted. Plaintiff shall respond to Defendant's motion by 3/12/2014. Defendant shall reply by 3/19/2014. The motion presentment date of 3/13/2014 is stricken. Parties need not appear. Mailed notice (ac, ) |
Filing 21 NOTICE of Motion by Courtney Christine Booth for presentment of motion for extension of time to file response/reply #20 before Honorable Andrea R. Wood on 3/13/2014 at 09:00 AM. (Booth, Courtney) |
Filing 20 MOTION by Plaintiff Archie Beaton for extension of time to file response/reply (Unopposed) (Booth, Courtney) |
Filing 19 MINUTE entry before the Honorable Andrea R. Wood: Having reviewed the parties' agreed motion to extend the time for Defendant to respond to the complaint #15 and stipulation to extend the briefing schedule on Defendant's motion to dismiss #18 , the Court grants the parties' request to modify the briefing schedule. Plaintiff shall have until 3/10/2014 to respond to Defendant's motion to dismiss and Defendant shall have until 3/17/2014 to reply in support of its motion. In addition, the parties are reminded that, under the Court's case management procedures, parties must file a motion asking the Court to enter any proposed order, including any proposed order based on a stipulation by the parties. Furthermore, all motions, including joint, agreed, and uncontested motions, must be noticed for presentment. Mailed notice (ac, ) |
Filing 18 STIPULATION to Extend Briefing Schedule on Defendant SpeedyPC Software's Motion to Dismiss (Booth, Courtney) |
Filing 17 MEMORANDUM by SpeedyPC Software in support of motion to dismiss #16 (Criswell, Jacqueline) |
Filing 16 MOTION by Defendant SpeedyPC Software to dismiss (Criswell, Jacqueline) |
Filing 15 MOTION by Defendant SpeedyPC Software for extension of time , MOTION by Defendant SpeedyPC Software for extension of time to file response/reply as to complaint #1 (Kearney, Kevin) |
Filing 14 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held; continued to 4/16/2014 at 9:00 a.m. Defendants shall file their motion to dismiss on 2/21/2014. Plaintiff's response shall be filed on 3/7/2014. Plaintiffs reply shall be filed by 3/14/2014. The Court will rule by mail. Plaintiffs motion for class certification #2 is denied without prejudice for the reason stated on the record. The parties shall proceed with initial disclosures and written discovery. Deposition discovery is stayed. Mailed notice (ac, ) |
Filing 13 REPORT of Rule 26(f) Planning Meeting (Kearney, Kevin) |
Filing 12 ATTORNEY Appearance for Plaintiff Archie Beaton by Courtney Christine Booth (Booth, Courtney) |
Filing 11 ATTORNEY Appearance for Defendant SpeedyPC Software by Kevin Krikor Kearney (Kearney, Kevin) |
Filing 10 MINUTE entry before the Honorable Andrea R. Wood: Pursuant to the joint request of the parties, status hearing set for 2/4/2014 is stricken. The parties need not appear. Status hearing set for 2/18/2014 at 09:00 AM. Mailed notice (ac, ) |
Filing 9 ATTORNEY Appearance for Defendant SpeedyPC Software by Jacqueline A. Criswell (Criswell, Jacqueline) |
Filing 8 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for for 2/4/2014 at 09:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. (ac, ) |
Filing 7 WAIVER OF SERVICE returned executed by Archie Beaton. SpeedyPC Software waiver sent on 11/21/2013, answer due 2/19/2014. (Richman, Benjamin) Docket Text Modified By Clerk's Office. |
Filing 6 ATTORNEY Appearance for Plaintiff Archie Beaton by David Ira Mindell (Mindell, David) |
Filing 5 ATTORNEY Appearance for Plaintiff Archie Beaton by Chandler Randolph Givens (Givens, Chandler) |
Filing 4 ATTORNEY Appearance for Plaintiff Archie Beaton by Benjamin Harris Richman (Richman, Benjamin) |
Filing 3 ATTORNEY Appearance for Plaintiff Archie Beaton by Rafey S. Balabanian (Balabanian, Rafey) |
CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Geraldine Soat Brown. (nsf, ) |
Filing 2 MOTION by Plaintiff Archie Beaton to certify class (Attachments: #1 Exhibit Firm Resume)(Richman, Benjamin) |
Filing 1 COMPLAINT filed by Archie Beaton; Jury Demand. Filing fee $ 400, receipt number 0752-8954686. (Attachments: #1 Civil Cover Sheet)(Richman, Benjamin) |
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