Greene et al v. Sears Protection Company et al
| Gerald Greene and Nina Greene |
| Sears Holdings Corporation, Sears Protection Company and Sears Roebuck And Co. |
| 1:2015cv02546 |
| March 25, 2015 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Jorge L Alonso |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Filing 232 NOTICE by Craig M. White of Change of Address (White, Craig) |
| Filing 231 MINUTE entry before the Honorable Jorge L. Alonso: Defendants' motion to withdraw as attorney #229 is granted. Attorney Erin Bolan Hines is given leave to withdraw as counsel for Defendants. Motion hearing date of 3/5/19 is stricken. Notice mailed by judge's staff (ntf, ) |
| Filing 230 NOTICE of Motion by Erin Bolan Hines for presentment of motion to withdraw as attorney #229 before Honorable Jorge L. Alonso on 3/5/2019 at 09:30 AM. (Hines, Erin) |
| Filing 229 MOTION by Attorney Erin Bolan Hines to withdraw as attorney for Sears Protection Company, Sears Roebuck And Co.. No party information provided (Hines, Erin) |
| Filing 228 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' unopposed motion to withdraw as counsel #226 is granted. Attorney David M DeVito is given leave to withdraw as counsel for Plaintiffs. Motion hearing date of 12/19/18 is stricken. Notices mailed by judge's staff (ntf, ) |
| Filing 227 Unopposed Motion with Certificate of Service NOTICE of Motion by Deborah R Gross for presentment of motion to withdraw as attorney #226 before Honorable Jorge L. Alonso on 12/19/2018 at 09:30 AM. (Gross, Deborah) |
| Filing 226 MOTION by Attorney David M. DeVito (Unopposed) with Certificate of Service to withdraw as attorney for Gerald Greene, Nina Greene. No party information provided (Gross, Deborah) |
| Filing 225 TRANSCRIPT OF PROCEEDINGS held on 10/10/18 before the Honorable Jorge L. Alonso. Order Number: 32473. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, NLaBella.ilnd@gmail.com. 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 12/19/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/26/2019. (Labella, Nancy) |
| Filing 224 MINUTE entry before the Honorable Jorge L. Alonso: Pursuant to Defendants' notice of bankruptcy filing and imposition of automatic stay #223 , this case is stayed. The Clerk is directed to place this case on the Court's inactive docket pending completion of the bankruptcy court proceeding. Accordingly, Defendants' motion for summary judgment #218 is denied without prejudice. Status hearing previously set for 11/1/18 is stricken. Notices mailed by judge's staff (ntf, ) |
| Filing 223 Notice of Bankruptcy Filing and Imposition of Automatic Stay by Sears Protection Company, Sears Roebuck And Co. (Attachments: #1 Exhibit A)(Hines, Erin) |
| Filing 222 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held and continued to 11/1/18 at 9:30 a.m. Motion hearing held. Defendants' motion for summary judgment #218 is taken under advisement. Plaintiffs' response shall be filed by 10/23/18. Defendants' reply in support shall be filed by 11/6/18. Parties shall submit their proposed class notice by 10/19/18. Notices mailed by judge's staff (ntf, ) |
| Filing 221 STATEMENT by Defendants Sears Protection Company, Sears Roebuck And Co.in Support of MOTION by Defendants Sears Roebuck And Co., Sears Protection Company for summary judgment on Counts I and II of Plaintiffs' First Amended Class Action Complaint #218 (Statement of Undisputed Material Facts) (Attachments: #1 Exhibit A-E)(Hines, Erin) |
| Filing 220 MEMORANDUM by Sears Protection Company, Sears Roebuck And Co. in support of motion for summary judgment #218 on Counts I and II of Plaintiffs' First Amended Class Action Complaint (Hines, Erin) |
| Filing 219 NOTICE of Motion by Erin Bolan Hines for presentment of motion for summary judgment #218 before Honorable Jorge L. Alonso on 10/10/2018 at 09:30 AM. (Hines, Erin) |
| Filing 218 MOTION by Defendants Sears Roebuck And Co., Sears Protection Company for summary judgment on Counts I and II of Plaintiffs' First Amended Class Action Complaint (Hines, Erin) |
| Filing 217 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held and continued to 10/10/18 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 216 TRANSCRIPT OF PROCEEDINGS held on 8/29/18 before the Honorable Jorge L. Alonso. Order Number: 32007. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, NLaBella.ilnd@gmail.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/27/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/5/2018. (Labella, Nancy) |
| Filing 215 MINUTE entry before the Honorable Michael T. Mason: The parties reported to this Court following their status hearing before the District Court. Based on the representations of counsel, all matters relating to the referral of this case have been resolved. The referral is closed and the matter is returned to the assigned Judge. Magistrate Judge Mason no longer assigned to this case. (rbf, ) |
Filing 214
MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held and continued to 9/20/18 at 9:30 a.m. Motion hearing held. For the reasons stated on the record, Defendants' motion to correct the June 25, 2018 memorandum opinion and order certifying the fourteen-year UTPCPL class #203 is denied. The UTPCPL class definition is amended as follows: All residents of Pennsylvania who paid for aftermarket MPAs on March 25, 2009 to the present (including post-point-of-sale purchases of coverage, purchases of coverage for products bought from a retailer other than Sears, and/or subsequent renewals of coverage) for products which were not covered by nor eligible for coverage under the MPA, and did not receive a full refund. Defendants' motion for leave to withdraw as counsel #212 is granted. Attorney Josephine Tung is given leave to withdraw as counsel for Defendants. Notice mailed by judge's staff (ntf, )
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| Filing 213 NOTICE of Motion by Josephine Tung for presentment of motion to withdraw as attorney #212 before Honorable Jorge L. Alonso on 8/29/2018 at 09:30 PM. (Tung, Josephine) |
| Filing 212 MOTION by Attorney Josephine Tung to withdraw as attorney for Sears Protection Company, Sears Roebuck And Co.. No party information provided (Tung, Josephine) |
| Filing 211 CERTIFIED copy of order dated 8/21/2018 from the 7th Circuit; Appellate case no. : 18-8014; The following are before the court: 1. SEARS PROTECTION COMPANY'S AND SEARS ROEBUCK AND CO.'S PETITION FOR PERMISSION TO APPEAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23(f), filed on July 9, 2018, by counsel for the petitioners. 2. PLAINTIFFS-RESPONDENTS' RESPONSE TO DEFENDANTS PETITIONERS' PETITION FOR PERMISSION TO APPEAL PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 23(f), filed on July 27, 2018, by counsel for the respondents. IT IS ORDERED that the petition for permission to appeal pursuant to Federal Rule of Civil Procedure 23(f) is DENIED. (ph, ) |
| Filing 210 REPLY by Defendants Sears Protection Company, Sears Roebuck And Co. to motion to amend/correct, #203 (Reply In Support of Motion) (Hines, Erin) |
| Filing 209 TRANSCRIPT OF PROCEEDINGS held on 7/25/18 before the Honorable Jorge L. Alonso. Order Number: 31656. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, NLaBella.ilnd@gmail.com. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/13/2018. Release of Transcript Restriction set for 11/13/2018. (Labella, Nancy) |
| Filing 208 RESPONSE by Gerald Greene, Nina Greenein Opposition to MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. to amend/correct order on motion to certify class,,, order on motion for miscellaneous relief,,,,,, order on report and recommendation,,,,,, terminate deadlines and hearings,,, memor #203 Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Correct the June 25, 2018 Memorandum Opinion and Order Certifying the Fourteen-Year UTPCPL Class (Boychuck, Kathleen) |
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Filing 207
MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. Defendants' motion to correct the June 25, 2018 memorandum opinion and order certifying the fourteen-year UtPCPL class #203 is taken under advisement. Plaintiffs' response shall be filed by 8/6/18. Defendants' reply in support shall be filed by 8/17/18. Status hearing remains set for 8/29/18 at 9:30 a.m. Notices mailed by judge's staff (ntf, )
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| Filing 206 MEMORANDUM by Sears Protection Company, Sears Roebuck And Co. in support of motion to amend/correct, #203 (Correct the June 25, 2018 Memorandum Opinion and Order Certifying the Fourteen-Year UTPCPL Class) (Hines, Erin) |
| Filing 205 MINUTE entry before the Honorable Michael T. Mason: The Court has reviewed the parties' joint status report #202 . The 7/25/18 status hearing is stricken. Parties shall report to this Court's chambers, room 2270, following the 8/29/18 status hearing before the District Court. Mailed notice (ber, ) |
| Filing 204 NOTICE of Motion by Erin Bolan Hines for presentment of motion to amend/correct, #203 before Honorable Jorge L. Alonso on 7/25/2018 at 09:30 AM. (Hines, Erin) |
| Filing 203 MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. to amend/correct order on motion to certify class,,, order on motion for miscellaneous relief,,,,,, order on report and recommendation,,,,,, terminate deadlines and hearings,,, memorandum opinion and order,,, set deadlines/hearings,,, class action certified,, #200 (Correct the June 25, 2018 Memorandum Opinion and Order Certifying the Fourteen-Year UTPCPL Class) (Hines, Erin) |
| Filing 202 STATUS Report Joint Status Report by Gerald Greene, Nina Greene (Fanning, Lori) |
| Filing 201 MINUTE entry before the Honorable Michael T. Mason:Status hearing set for 7/25/18 at 10:00 a.m. By 7/20/18, parties shall file a joint status forth indicating what discovery remains and, if necessary, an agreed proposed schedule. Mailed notice. (rbf, ) |
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Filing 200
MEMORANDUM Opinion and Order. Defendants' Objections to the Report and Recommendation of the Magistrate Judge #189 on Defendants' motion to exclude the purported expert opinions of Christopher Jackman #156 are overruled, and Defendants' Objections to the Report and Recommendation #191 on Plaintiffs' class certification motion #141 are sustained in part and overruled in part. The Reports and Recommendations are adopted as discussed herein. Status hearing previously set for August 8, 2018 is stricken and reset to August 29, 2018 at 9:30 a.m. Signed by the Honorable Jorge L. Alonso on 6/25/2018. Notices mailed by judge's staff(ntf, )
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| Filing 199 REPLY by Defendants Sears Protection Company, Sears Roebuck And Co. to objections #192 to the Magistrate Judge's Order on Plaintiffs' Renewed Motion for Class Certification (Tung, Josephine) |
| Filing 198 REPLY by Defendants Sears Protection Company, Sears Roebuck And Co. to objections #193 to the Magistrate Judge's Report and Recommendation on Defendants' Motion to Exclude the Purported Expert Opinions of Christopher Jackman (Hines, Erin) |
| Filing 197 RESPONSE by Plaintiffs Gerald Greene, Nina Greene to objections #193 Plaintiffs' Memorandum of Law in Opposition to Defendants' Objections to the Magistrate Judge's Report and Recommendation on Defendants' Motion to Exclude the Purported Expert Opinions of Christopher Jackman (Boychuck, Kathleen) |
| Filing 196 RESPONSE by Plaintiffs Gerald Greene, Nina Greene to objections #192 Plaintiffs' Memorandum of Law in Opposition to Defendants' Objections to the Magistrate Judge's Order on Plaintiffs' Renewed Motion for Class Certification (Boychuck, Kathleen) |
| Filing 195 MINUTE entry before the Honorable Jorge L. Alonso: Parties' responses to objections to Magistrate Judge Mason's reports and recommendations #192 and #193 shall be filed by 4/23/18. Parties' replies shall be filed by 4/30/18. Motion hearing date of 4/3/18 is stricken. Status hearing set for 8/8/18 at 9:30 a.m. Notices mailed by judge's staff (ntf, ) |
| Filing 194 NOTICE OF OBJECTIONS NOTICE of Motion by Erin Bolan Hines for presentment of report and recommendations #191 , report and recommendations #189 before Honorable Jorge L. Alonso on 4/3/2018 at 09:30 AM. (Hines, Erin) |
| Filing 193 OBJECTIONS by Sears Protection Company, Sears Roebuck And Co. to REPORT AND RECOMMENDATIONS #189 on Defendants Motion to Exclude the Purported Expert Opinions of Christopher Jackman (Hines, Erin) |
| Filing 192 OBJECTIONS by Sears Protection Company, Sears Roebuck And Co. to REPORT AND RECOMMENDATIONS #191 on Plaintiffs Renewed Motion for Class Certification (Attachments: #1 Exhibit A-B)(Tung, Josephine) |
| Filing 191 REPORT AND RECOMMENDATIONS Signed by the Honorable Michael T. Mason on 3/8/2018. Objections to R&R due by 3/22/2018 (rbf, ) |
| Filing 190 MINUTE entry before the Honorable Michael T. Mason:The following is the Court's recommendation for a ruling on plaintiffs' renewed motion for class certification #141 . The parties are to contact this Court's chambers following a ruling by the District Court on the renewed motion for class certification. (rbf, ) |
| Filing 189 REPORT AND RECOMMENDATIONS Signed by the Honorable Michael T. Mason on 3/8/2018. Objections to R&R due by 3/22/2018. (rbf, ) |
| Filing 188 MINUTE entry before the Honorable Michael T. Mason:The following is the Courts recommendation for rulings on defendants motion to exclude the purported expert opinions of Christopher Jackman #156 and plaintiffs motion to exclude the purported expert opinions of Mark J. Hosfield #177 . (rbf, ) |
| Filing 187 TRANSCRIPT OF PROCEEDINGS held on 5/18/17 before the Honorable Jorge L. Alonso. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, NLaBella.ilnd@gmail.com. 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 2/28/2018. Redacted Transcript Deadline set for 3/12/2018. Release of Transcript Restriction set for 5/8/2018. (Labella, Nancy) |
| Filing 186 TRANSCRIPT OF PROCEEDINGS held on 5/4/17 before the Honorable Jorge L. Alonso. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, NLaBella.ilnd@gmail.com. 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 2/28/2018. Redacted Transcript Deadline set for 3/12/2018. Release of Transcript Restriction set for 5/8/2018. (Labella, Nancy) |
| Filing 185 REPLY by Plaintiffs Gerald Greene, Nina Greene to motion for miscellaneous relief #177 Plaintiffs' Reply Memorandum of Law in Further Support of Plaintiffs' Motion to Exclude the Purported Expert Opinions of Mark J. Hosfield (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Boychuck, Kathleen) |
| Filing 184 RESPONSE by Sears Protection Company, Sears Roebuck And Co.in Opposition to MOTION by Plaintiffs Gerald Greene, Nina Greene Plaintiffs' Motion to Exclude the Purported Expert Opinions of Mark J. Hosfield #177 (Attachments: #1 Exhibit 1-3)(Hines, Erin) |
| Filing 183 REPLY by Plaintiffs Gerald Greene, Nina Greene to motion to certify class #141 Plaintiffs' Reply Memorandum of Law in Further Support of Plaintiffs' Renewed Motion for Class Certification (Attachments: #1 Exhibit, #2 Exhibit)(Boychuck, Kathleen) |
| Filing 182 MINUTE entry before the Honorable Michael T. Mason:Defendants' response to plaintiffs' motion to exclude the purported expert opinions of Mark J. Hosfield #177 is to be filed by 1/19/18. Plaintiffs' reply is due 1/26/18. The 1/3/18 motion hearing and 1/23/18 status hearings are stricken; no appearances are necessary on those dates. Mailed notice. (rbf, ) |
| Filing 181 NOTICE of Motion by Kathleen Ellen Boychuck for presentment of motion for miscellaneous relief #177 before Honorable Michael T. Mason on 1/3/2018 at 10:00 AM. (Boychuck, Kathleen) |
| Filing 180 MINUTE entry before the Honorable Jorge L. Alonso: The referral of this case to Judge Mason is expanded to include Plaintiffs' Motion to Exclude the Purported Expert Opinions of Mark J. Hosfield #177 . Motion hearing date of 12/21/17 before this court is stricken. Notice mailed by judge's staff (ntf, ) |
| Filing 179 NOTICE of Motion by Kathleen Ellen Boychuck for presentment of motion for miscellaneous relief #177 before Honorable Jorge L. Alonso on 12/21/2017 at 09:30 AM. (Boychuck, Kathleen) |
| Filing 178 by Gerald Greene, Nina Greene Plaintiffs' Memorandum of Law in Support of Its Motion to Exclude the Purported Expert Opinions of Mark J. Hosfield (Attachments: #1 Exhibit 1)(Boychuck, Kathleen) |
| Filing 177 MOTION by Plaintiffs Gerald Greene, Nina Greene Plaintiffs' Motion to Exclude the Purported Expert Opinions of Mark J. Hosfield (Boychuck, Kathleen) |
| Filing 176 REPLY by Defendants Sears Protection Company, Sears Roebuck And Co. to motion for miscellaneous relief #156 to exclude the purported expert opinions of Christopher Jackman (Hines, Erin) |
| Filing 175 RESPONSE by Gerald Greene, Nina Greenein Opposition to MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. To Exclude The Purported Expert Opinions Of Christopher Jackman #156 (Boychuck, Kathleen) |
| Filing 174 MINUTE entry before the Honorable Michael T. Mason:The Court is in receipt of plaintiffs' motion for clarification #171 , which is granted in part and denied in part. As noted in the motion, plaintiffs do not seek additional time to file their response to the motion to exclude Christopher Jackman's expert opinions. Accordingly, the Court need not rehash the procedural history of the matter to address where potential confusion over the briefing schedule arose. Plaintiffs' response to defendants' motion to exclude remains due by noon on 12/8/17. Defendants' reply is due 12/15/17. Further, as acknowledged by plaintiffs, they have yet not filed a motion to exclude defendants' expert's testimony, nor has any such motion been referred to this Court. Accordingly, at this time the Court may only consider the renewed motion for class certification (dkt. 141) and defendants' motion to exclude (dkt. 166.) The Court intends to consider the class certification motion and motion to exclude pursuant to the standards set forth by this Circuit. At this stage, the Court does not find it necessary to set oral arguments on either the motion for class certification or the motion to exclude. Should the Court determine that oral arguments are necessary once we are in receipt of the full briefings on each matter, we will set oral arguments at that time. The motion hearing scheduled for 12/12/17 is stricken; no appearance is necessary on that date. Mailed notice. (rbf, ) |
| Filing 173 AMENDED NOTICE of Motion by Lori Ann Fanning for presentment of motion to clarify, #171 before Honorable Michael T. Mason on 12/12/2017 at 10:00 AM. (Fanning, Lori) |
| Filing 172 NOTICE of Motion by Lori Ann Fanning for presentment of motion to clarify, #171 before Honorable Jorge L. Alonso on 12/12/2017 at 10:00 AM. (Fanning, Lori) |
| Filing 171 MOTION by Plaintiffs Gerald Greene, Nina Greene to clarify Plaintiffs' Motion for Clarification on the Latest Schedule Applicable to Plaintiffs' Motion for Class Certification and Related Daubert Motions and Request Oral Argument on Class Certification and Cross-Motions to Exclude Experts (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fanning, Lori) |
| Filing 170 MINUTE entry before the Honorable Michael T. Mason:The Court notes that plaintiffs have not filed a response to defendants' motion to exclude the purported expert opinions of Christopher Jackman #156 . On 10/31/17, this Court ordered plaintiffs' response to be filed by 11/20/17. On 11/1/17, plaintiffs filed a motion for reconsideration of the class certification briefing schedule and asked the Court to adopt the briefing schedule entered by the District Court. In the alternative, plaintiffs proposed alternative deadlines and also addressed alternative deadlines for responding to the motion to exclude the expert opinions of Christopher Jackman. This Court granted plaintiffs' motion and adopted the original schedule entered by the District Court. This Court's order did not comment upon or alter the dates for the motion to exclude the expert opinion. Notably, no response has been filed by either the initial date provided by this Court (11/20/17) or the proposed date included in plaintiffs' motion (11/30/17). Plaintiffs' response to defendants' motion to exclude the purported expert opinions of Christopher Jackman is to be filed by noon on 12/8/17. Defendants' reply is due 12/15/17. (rbf, ) |
| Filing 169 MINUTE entry before the Honorable Michael T. Mason:Plaintiffs' motion for reconsideration #167 is granted. The Court adopts the original District Court's schedule prior to the referral to this Court. Accordingly, the deposition of defendants' expert shall be completed by 11/27/17. Plaintiffs' reply in support of their motion for class certification shall be filed by 12/27/17. The 11/7/17 motion hearing is stricken; no appearance is necessary on that date. The court will rule electronically and set further dates in the ruling. Mailed notice. (rbf, ) |
| Filing 168 NOTICE of Motion by Lori Ann Fanning for presentment of motion for reconsideration,, #167 before Honorable Michael T. Mason on 11/7/2017 at 10:00 AM. (Fanning, Lori) |
| Filing 167 MOTION by Plaintiffs Gerald Greene, Nina Greene for reconsideration regarding order on motion to stay,,,,, order on motion for reconsideration,,,,, order on motion for leave to file,,,,, order on motion to file instanter,,,,, terminate hearings,,,,, terminate motion and R&R deadlines/hearings,,,, #166 Motion to Reconsider the Condensed Scheduling Order (ECF No. 166) or, in the Alternative, Motion for Extension for Plaintiffs' Reply in Support of Motion for Class Certification (Attachments: #1 Exhibit A)(Fanning, Lori) |
| Filing 166 MINUTE entry before the Honorable Michael T. Mason:Defendants' motion for leave to file materials under seal instanter #154 is granted. The docket reflects that the necessary redacted versions as well as the documents sought to be filed under seal have been filed as such. Additionally, the District Court has referred both the renewed motion for class certification #141 as well as the defendants' motion for reconsideration to file materials in plaintiffs' renewed motion for class certification under seal #147 . Based on the record before this Court, defendants' motion for reconsideration #147 is granted. Plaintiffs are to file the documents under seal instanter. Plaintiffs' reply to its renewed motion to certify class #141 is to be filed by 11/7/17. Plaintiffs' response to defendants' motion to exclude the purported expert opinions of Christopher Jackman #156 is to be filed by 11/20/17. Defendants' reply is due 11/28/17. Mailed notice. (rbf, ) |
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Filing 165
MINUTE entry before the Honorable Jorge L. Alonso: The referral of this case to Judge Mason is expanded to include the following motions: Plaintiff's renewed motion for class certification #141 , Defendants' motion to stay and/or reconsider order denying Plaintiffs' unopposed renewed motion to file materials under seal #147 , Defendants' motion for leave to file materials under seal instanter #154 , and Defendants' motion to exclude the purported expert opinions of Christopher Jackman #156 . Motion hearing date of 11/1/17 is stricken. Notices mailed by judge's staff (ntf, )
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| Filing 164 NOTICE of Motion by Erin Bolan Hines for presentment of motion for miscellaneous relief #156 before Honorable Jorge L. Alonso on 11/1/2017 at 09:30 AM. (Hines, Erin) |
| Filing 163 SEALED EXHIBIT by Defendants Sears Protection Company, Sears Roebuck And Co. (Exhibit E) regarding response in opposition to motion #161 (Tung, Josephine) |
| Filing 162 SEALED EXHIBIT by Defendants Sears Protection Company, Sears Roebuck And Co. (Exhibit B) regarding response in opposition to motion #161 (Tung, Josephine) |
| Filing 161 RESPONSE by Sears Protection Company, Sears Roebuck And Co.in Opposition to MOTION by Plaintiffs Gerald Greene, Nina Greene to certify class (renewed) #141 (Attachments: #1 Exhibit A-E)(Tung, Josephine) |
| Filing 160 SEALED EXHIBIT by Defendants Sears Protection Company, Sears Roebuck And Co. (Exhibit 5) regarding memorandum in support of motion #157 (Hines, Erin) |
| Filing 159 SEALED EXHIBIT by Defendants Sears Protection Company, Sears Roebuck And Co. (Exhibit 3) regarding memorandum in support of motion #157 (Hines, Erin) |
| Filing 158 SEALED EXHIBIT by Defendants Sears Protection Company, Sears Roebuck And Co. (Exhibit 2) regarding memorandum in support of motion #157 (Hines, Erin) |
| Filing 157 MEMORANDUM by Sears Protection Company, Sears Roebuck And Co. in support of motion for miscellaneous relief #156 (to exclude the purported expert opinions of Christopher Jackman) (Attachments: #1 Exhibit 1-5)(Hines, Erin) |
| Filing 156 MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. To Exclude The Purported Expert Opinions Of Christopher Jackman (Hines, Erin) |
| Filing 155 NOTICE of Motion by Erin Bolan Hines for presentment of motion for leave to file, motion to file instanter #154 before Honorable Jorge L. Alonso on 11/1/2017 at 09:30 AM. (Hines, Erin) |
| Filing 154 MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. for leave to file materials under seal, MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. to file instanter (Hines, Erin) |
| Filing 153 MINUTE entry before the Honorable Michael T. Mason:Magistrate Judge Status hearing held on 9/7/17 and continued to 1/23/2018 at 10:00 a.m. Mailed notice. (rbf, ) |
| Filing 152 STATUS Report Joint Status Report by Gerald Greene, Nina Greene (Boychuck, Kathleen) |
| Filing 151 EXHIBIT by Plaintiffs Gerald Greene, Nina Greene Expert Report of Christopher Jackman (PUBLIC-REDACTED VERSION) - Related to Doc. 142-20 regarding memorandum in support of motion, #142 (Boychuck, Kathleen) |
| Filing 150 AFFIDAVIT by Defendants Sears Protection Company, Sears Roebuck And Co. in Support of MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. to stay regarding order on motion to seal, motion hearing #146 MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. for reconsideration regarding order on motion to seal, motion hearing #146 #147 (Tung, Josephine) |
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Filing 149
ORDER. Defendants' motion to stay and/or reconsider the Court's 8/10/17 order #147 is taken under advisement. Motion hearing date of 8/16/17 is stricken. [For further details see order.] Signed by the Honorable Jorge L. Alonso on 8/11/2017. Notice mailed by judge's staff (ntf, )
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| Filing 148 NOTICE of Motion by Josephine Tung for presentment of motion to stay,, motion for reconsideration, #147 before Honorable Jorge L. Alonso on 8/16/2017 at 09:30 AM. (Tung, Josephine) |
| Filing 147 MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. to stay regarding order on motion to seal, motion hearing #146 , MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. for reconsideration regarding order on motion to seal, motion hearing #146 (Tung, Josephine) |
| Filing 146 MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. For the reasons stated on the record, Plaintiff's renewed motion to file materials under seal #144 is denied. Notice mailed by judge's staff (ntf, ) |
| Filing 145 Notice of Unopposed Renewed Motion to File Materials Under Seal NOTICE of Motion by Lori Ann Fanning for presentment of motion to seal #144 before Honorable Jorge L. Alonso on 8/10/2017 at 09:30 AM. (Fanning, Lori) |
| Filing 144 MOTION by Plaintiffs Gerald Greene, Nina Greene to seal Plaintiffs' Unopposed Renewed Motion to File Materials Under Seal (Fanning, Lori) |
| Filing 143 MINUTE entry before the Honorable Jorge L. Alonso: Case called on Plaintiff's motion to file materials under seal, parties failed to appear. Plaintiff's motion to file materials under seal #139 is denied. There is no substantive argument as to why the materials should be sealed. Plaintiff's renewed motion for class certification #141 is taken under advisement. The court will rule electronically and set further dates in the ruling. Notice mailed by judge's staff (ntf, ) |
| Filing 142 MEMORANDUM by Gerald Greene, Nina Greene in support of motion to certify class #141 (renewed) (Attachments: #1 Certificate of Service, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Supplement Expert Report of C. Jackman)(Gross, Deborah) |
| Filing 141 MOTION by Plaintiffs Gerald Greene, Nina Greene to certify class (renewed) (Attachments: #1 Certificate of Service)(Gross, Deborah) |
| Filing 140 Amended with Certificate of Service NOTICE of Motion by Deborah R Gross for presentment of motion to file instanter #139 before Honorable Jorge L. Alonso on 8/3/2017 at 09:30 AM. (Gross, Deborah) |
| Filing 139 MOTION by Plaintiffs Gerald Greene, Nina Greene to file instanter Materials Under Seal with Certificate of Service (Gross, Deborah) |
| Filing 138 NOTICE of Motion by Deborah R Gross for presentment of before Honorable Jorge L. Alonso on 8/3/2017 at 09:00 AM. (Gross, Deborah) |
| Filing 137 PLAINTIFFS' RULE 26(a)(2)(A) EXPERT DISCLOSURES by Gerald Greene, Nina Greene (Attachments: #1 Exhibit A, #2 Certificate of Service)(Gross, Deborah) |
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Filing 136
MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' motion to clarify or reconsider order regarding expert report in support of class certification #133 is granted as follows: Plaintiffs' Rule 26(a)(2) disclosure shall be filed by 6/28/17. Plaintiffs' motion for class certification and expert report shall be filed by 7/28/17. Motion hearing date of 6/22/17 is stricken. Notice mailed by judge's staff (ntf, )
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| Filing 135 AMENDED NOTICE of Motion by Lori Ann Fanning for presentment of motion to clarify #133 before Honorable Jorge L. Alonso on 6/22/2017 at 09:30 AM. (Fanning, Lori) |
| Filing 134 NOTICE of Motion by Lori Ann Fanning for presentment of motion to clarify #133 before Honorable Jorge L. Alonso on 6/22/2017 at 09:00 AM. (Fanning, Lori) |
| Filing 133 MOTION by Plaintiffs Gerald Greene, Nina Greene to clarify or Reconsider Order Regarding Expert Report in Support of Class Certification (Fanning, Lori) |
| Filing 132 MINUTE entry before the Honorable Michael T. Mason:The parties reported to this Court's chambers following their status hearing before the District Court. Status hearing scheduled for 9/7/17 at 10:00 a.m.Mailed notice (rbf, ) |
| Filing 131 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held. Motion hearing held. For the reasons stated on the record, Defendants' motion for leave to file motion for summary judgment #128 is denied. Plaintiffs' Rule 26(a)(2) disclosure and reports shall be filed by 6/28/17. Plaintiffs' motion for class certification shall be filed by 7/28/17. Deposition of Plaintiffs' expert shall be completed by 8/28/17. Defendants' opposition to Plaintiffs' motion for class certification shall be filed by 10/27/17. Defendants' Rule 26(a)(2) disclosures and reports shall be served by 10/27/17. Deposition of Defendants' expert shall be completed by 11/27/17. Plaintiffs' reply in support of their motion for class certification shall be filed by 12/27/17. The court will rule electronically and set further dates in the ruling. Notice mailed by judge's staff (ntf, ) |
| Filing 130 STATUS Report Parties' Proposed Schedules by Gerald Greene, Nina Greene (Miller, Marvin) |
| Filing 129 NOTICE of Motion by Erin Bolan Hines for presentment of motion for leave to file #128 before Honorable Jorge L. Alonso on 5/18/2017 at 09:30 AM. (Hines, Erin) |
| Filing 128 MOTION by Defendants Sears Protection Company, Sears Roebuck And Co. for leave to file Motion for Summary Judgment (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Hines, Erin) |
| Filing 127 MINUTE entry before the Honorable Michael T. Mason:Status hearing held. The parties are to send this Court a copy of their proposed schedule for class certification briefing. The parties should also report to this Court's chambers following their 5/18/17 status hearing before the District Court. The Court will set an expert discovery schedule at a later date. Mailed notice. (rbf, ) |
| Filing 126 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held and continued to 5/18/17 at 9:30 a.m. Parties shall file a joint status report by 5/15/17. Notice mailed by judge's staff (ntf, ) |
| Filing 125 ANSWER to amended complaint by Sears Protection Company, Sears Roebuck And Co.(Hines, Erin) |
| Filing 124 MINUTE entry before the Honorable Michael T. Mason:By agreement of the parties, the 4/18/17 status hearing is stricken and reset for 5/4/2017 at 10:00 a.m. No appearance is necessary on 4/18/17.Mailed notice (rbf, ) |
| Filing 123 MINUTE entry before the Honorable Jorge L. Alonso: By agreement of the parties, status hearing previously set for 4/19/17 is stricken and reset to 5/4/17 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 122 MINUTE entry before the Honorable Michael T. Mason: The docket reflects that the District Court has overruled plaintiffs' objections to this Court's 10/28/16 order. Status hearing set for 4/18/17 at 10:00 a.m., at which time parties are to report on the completion of the deadlines contained in the 10/28/16 order. An amended expert discovery schedule will be set at the status hearing. Mailed notice (ber, ) |
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Filing 121
MEMORANDUM Opinion and Order. Defendants' motion to dismiss in part the First Amended Class Action Complaint #54 is granted as to defendant Sears Holdings Corporation, which is dismissed with prejudice as a defendant in this suit, and Count III, plaintiffs' ICFA claim, which is dismissed with prejudice. Defendants' motion is denied as to Count IV, plaintiffs' PCPL claim. The remaining defendants shall answer the remaining claims by April 17, 2017. The Court overrules plaintiffs' objections #116 to Magistrate Judge Mason's order of October 28, 2016. A status hearing is set for April 19, 2017 at 9:30 a.m. Signed by the Honorable Jorge L. Alonso on 3/27/2017. Notice mailed by judge's staff (ntf, )
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| Filing 120 RESPONSE by Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. to objections,, #116 To The Magistrate Judge's Order Regarding Their Motions To Compel And Extend Discovery Deadlines (Tung, Josephine) |
| Filing 119 MINUTE entry before the Honorable Michael T. Mason:The status hearing scheduled for 11/30/16 is stricken and will be reset at a later date; no appearance is necessary on that date. (rbf, ) |
| Filing 118 MINUTE entry before the Honorable Jorge L. Alonso: The 11/22/16 hearing on plaintiffs' objections to the magistrate judge's rulings is stricken. Pursuant to Federal Rule of Civil Procedure 72, defendants have an opportunity to reply in writing. The Court will rule electronically. Notice mailed by judge's staff (ntf, ) |
| Filing 117 Notice of Objections #116 to Magistrate Judge's Order NOTICE of Motion by Andrew Joseph Belli for presentment of before Honorable Jorge L. Alonso on 11/22/2016 at 09:30 AM. (Belli, Andrew) |
| Filing 116 OBJECTIONS by Gerald Greene, Nina Greene to order on motion for extension of time to complete discovery, order on motion to compel, terminate hearings, terminate motion and R&R deadlines/hearings, set/reset hearings,,,,, #115 (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14, #15 Exhibit Ex. 15, #16 Exhibit Ex. 16)(Belli, Andrew) |
| Filing 115 WRITTEN opinion entered by the Honorable Michael T. Mason: For the reasons set forth below, plaintiffs' motion to extend discovery deadlines #109 is granted in part and denied in part. Plaintiffs' motion to compel #110 is granted in part and denied in part. Status hearing scheduled for November 30, 2016 at 10:00 a.m. (rbf, ) |
| Filing 114 RESPONSE by Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co.in Opposition to MOTION by Plaintiffs Gerald Greene, Nina Greene for extension of time to complete discovery #109 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hines, Erin) |
| Filing 113 RESPONSE by Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co.in Opposition to MOTION by Plaintiffs Gerald Greene, Nina Greene to compel further discovery #110 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hines, Erin) |
| Filing 112 TRANSCRIPT OF PROCEEDINGS held on 8/24/16 before the Honorable Jorge L. Alonso. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, Nancy_LaBella@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 10/19/2016. Redacted Transcript Deadline set for 10/31/2016. Release of Transcript Restriction set for 12/27/2016. (Labella, Nancy) |
| Filing 111 TRANSCRIPT OF PROCEEDINGS held on 4/13/16 before the Honorable Jorge L. Alonso. Court Reporter Contact Information: Nancy LaBella, 312-435-6890, Nancy_LaBella@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 10/19/2016. Redacted Transcript Deadline set for 10/31/2016. Release of Transcript Restriction set for 12/27/2016. (Labella, Nancy) |
| Filing 110 MOTION by Plaintiffs Gerald Greene, Nina Greene to compel further discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Belli, Andrew) |
| Filing 109 MOTION by Plaintiffs Gerald Greene, Nina Greene for extension of time to complete discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Belli, Andrew) |
| Filing 108 MINUTE entry before the Honorable Michael T. Mason:Plaintiffs' motion instanter for leave to file a brief in excess of 15 pages #103 is denied. At the 9/14/16 status hearing, plaintiffs' counsel stated that a motion to compel would be filed later the same day and sought leave of Court to file certain documents under seal. Plaintiffs' counsel, however, made no mention of the additional motion to reopen discovery, motion to extend the deadline for expert discovery, or the need to file excess pages even though the motions were included in the motion to compel filed later that same afternoon. Further, during the 9/14/16 status hearing, the deadlines were listed and no objections were raised when parties were asked if there were other matters to discuss. Accordingly, plaintiffs' motion to compel and to extend discovery deadlines #105 is terminated. Plaintiffs are to file the motion to compel, not to exceed 15 pages, by the end of the day today, 9/16/16. Plaintiffs are to separately file their motion to reopen discovery and extend the expert discovery deadline, not to exceed 10 pages, by the end of the day today, 9/16/16. Defendants' responses to the two motions are to be filed by 9/30/16. The 9/20/16 motion hearing is stricken; no appearance is necessary on that date. (rbf, ) |
| Filing 107 MINUTE entry before the Honorable Jorge L. Alonso: The referral to Magistrate Judge Mason is expanded to include: Plaintiffs' motion for extension of time to complete discovery and to compel production #105 and all discovery motions with authority to extend deadlines, if necessary. Notice mailed by judge's staff (ntf, ) |
| Filing 106 RESPONSE by Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co.in Opposition to MOTION by Plaintiffs Gerald Greene, Nina Greene for leave to file excess pages Instanter #103 (Hines, Erin) |
| Filing 105 MOTION by Plaintiffs Gerald Greene, Nina Greene for extension of time to complete discovery and to compel production (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Belli, Andrew) |
| Filing 104 NOTICE of Motion by Andrew Joseph Belli for presentment of motion for leave to file excess pages #103 before Honorable Michael T. Mason on 9/20/2016 at 09:00 AM. (Belli, Andrew) |
| Filing 103 MOTION by Plaintiffs Gerald Greene, Nina Greene for leave to file excess pages Instanter (Belli, Andrew) |
| Filing 102 MINUTE entry before the Honorable Michael T. Mason:Status hearing held. As discussed on the record, plaintiff will be filing a motion to compel today, 9/14/16. Defendant has until 9/22/16 to file its response. Plaintiff's oral request for leave to file certain exhibits under seal is granted. (rbf, ) |
| Filing 101 ATTORNEY Appearance for Plaintiffs Gerald Greene, Nina Greene by Andrew Joseph Belli (Belli, Andrew) |
| Filing 100 ATTORNEY Appearance for Plaintiffs Gerald Greene, Nina Greene by Benjamin Michael Mather (Mather, Benjamin) |
| Filing 99 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held. Plaintiffs' applications to appear pro hac vice #95 and #96 are granted. Attorneys Benjamin Mather and Andrew Belli are given leave to file appearance forms on behalf of Plaintiffs. Notice mailed by judge's staff (ntf, ) |
| Filing 98 MINUTE entry before the Honorable Michael T. Mason:Parties reported to this Court's chambers following their appearance before the District Court. Status hearing scheduled for 9/14/16 at 9:00 a.m., at which time parties are to report on the completion of discovery. (rbf, ) |
| Filing 97 TRANSCRIPT OF PROCEEDINGS held on 7/26/2016 before the Honorable Michael T. Mason. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/14/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/22/2016. (Roth, Alexandra) |
| Filing 96 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12279225. (Belli, Andrew) |
| Filing 95 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12279223. (Mather, Benjamin) |
| Filing 94 STATUS Report by Gerald Greene, Nina Greene (Fanning, Lori) |
| Filing 93 MINUTE entry before the Honorable Michael T. Mason: By agreement of the parties, the 8/25/16 status hearing date is stricken. Counsel shall jointly report to Magistrate Judge Mason's chambers, room 2270 immediately following their 8/24/16 status hearing with the District Court. (rbf, ) |
| Filing 92 MINUTE entry before the Honorable Michael T. Mason:Status hearing held. Defendant has until the close of business Friday to produce the initiative list discussed on the record and to address whether there is additional MMI implementation discovery to be produced. Defendant shall also notify the Court whether there remains MMI implementation discovery by the close of business Friday. Parties are directed to meet and confer pursuant to Rule 37.2 regarding any remaining discovery issues. Status hearing scheduled for 8/25/16 at 9:00 a.m.Mailed notice (lxs, ) |
| Filing 91 MINUTE entry before the Honorable Michael T. Mason:This Court has received and reviewed the parties' proposed discovery schedule. Parties appear to be working together to obtain all remaining outstanding discovery. Accordingly, the Court does not find it necessary to re-open fact discovery. Plaintiffs' request for additional time to review all outstanding discovery prior to submitting expert reports, however, is well taken. Therefore, the Court sets the following discovery deadlines: plaintiffs are to serve expert reports by October 31, 2016; defendants serve rebuttal reports by January 2, 2017; expert discovery to close 30 days after the completion of briefing on class certification motion. Setting the schedule for class certification motions and dispositive motions is outside the referral to this Court and should be properly raised with the District Court. Status hearing remains scheduled for July 26, 2016, at 9:00 a.m. (rbf, ) |
| Filing 90 MINUTE entry before the Honorable Michael T. Mason:The parties should submit a proposed discovery schedule (see Dkt. #88 ) to this Court's proposed order inbox by 7/7/2016. (rbf, ) |
| Filing 89 WRITTEN OPINION entered by the Honorable Michael T. Mason: For the reasons set forth below, plaintiffs' renewed motion to compel #73 is granted in part and denied in part. The plaintiffs' motion for leave to file under seal #83 is denied as moot. Status hearing is set for 7/26/2016 at 9:00 a.m. (rbf, ) |
| Filing 88 MINUTE entry before the Honorable Michael T. Mason:The parties reported to this Court's chambers following their 6/16/16 status with the District Court. The parties should discuss deadlines to include in the proposed discovery schedule (see Dkt. 76) which the Court will ask the parties to submit before the next status date. The next status date before this Court will be set when the Court issues its ruling on the pending motion to compel (Dkt. 73). (rbf, ) |
| Filing 87 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held and continued to 8/24/16 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 86 MINUTE entry before the Honorable Michael T. Mason:As the Court did not order a reply brief in support of the plaintiff's motion to compel #73 , the plaintiff's motion to seal #83 and reply in support of renewed motion to compel #82 are taken under advisement. The 6/21/16 motion hearing date is stricken; no appearance is required on that date. (rbf, ) |
| Filing 85 MINUTE entry before the Honorable Michael T. Mason:The plaintiff's motion to compel #80 is stricken for failure to conduct a meet-and-confer in compliance with Local Rule 37.2. The parties are directed to conduct a meet-and-confer prior to any future discovery motion practice. The plaintiff's motion to file materials under seal #79 is stricken as moot. The 6/16/16 motion hearing dates are stricken; no appearance is required on that date. (rbf, ) |
| Filing 84 NOTICE of Motion by Lori Ann Fanning for presentment of motion to seal, motion to seal document, motion for relief #83 before Honorable Michael T. Mason on 6/21/2016 at 09:00 AM. (Fanning, Lori) |
| Filing 83 MOTION by Plaintiffs Gerald Greene, Nina Greene to seal EXHIBITS B and C to reply in further support of renewed motion to compel, MOTION by Plaintiffs Gerald Greene, Nina Greene to seal document reply #82 (Fanning, Lori) |
| Filing 82 REPLY by Plaintiffs Gerald Greene, Nina Greene to motion to compel #73 REPLY IN FURTHER SUPPORT OF RENEWED MOTION TO COMPEL (Attachments: #1 Exhibit A)(Fanning, Lori) |
| Filing 81 Plaintiffs' NOTICE of Motion by Lori Ann Fanning for presentment of motion to compel #80 before Honorable Michael T. Mason on 6/16/2016 at 09:00 AM. (Fanning, Lori) |
| Filing 80 MOTION by Plaintiffs Gerald Greene, Nina Greene to compel Plaintiffs Motion to Compel Compliance with Order (Fanning, Lori) |
| Filing 79 Plaintiffs' NOTICE of Motion by Lori Ann Fanning for presentment of motion to seal document #78 before Honorable Michael T. Mason on 6/16/2016 at 09:00 AM. (Fanning, Lori) |
| Filing 78 MOTION by Plaintiffs Gerald Greene, Nina Greene to seal document Plaintiffs' Motion for Leave To File Under Seal (Fanning, Lori) |
| Filing 77 RESPONSE by Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co.in Opposition to MOTION by Plaintiffs Gerald Greene, Nina Greene to compel Production of Documents and Memorandum in Support of Same #73 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(White, Craig) |
| Filing 76 MINUTE entry before the Honorable Michael T. Mason:Status hearing held. The parties reported on the status of remaining discovery, including production of documents by the defendants and the status of remaining depositions. The parties submitted a proposed discovery schedule that the Court is taking under advisement. The parties are directed to report to this Court's chambers following their 6/16/2016 status hearing before the District Court. (rbf, ) |
| Filing 75 MINUTE entry before the Honorable Michael T. Mason:Defendants' response to plaintiff's renewed motion to compel #73 is due 6/10/16. The 6/2/16 motion hearing date is stricken; no appearance is required on that date. The 6/8/16 status hearing stands. At the status hearing, the parties should advise the Court of the result of the meet and confer regarding the discovery schedule that the District Court referred to on April 13, 2016 (see Dkt No. 64). (rbf, ) |
| Filing 74 NOTICE of Motion by Marvin Alan Miller for presentment of motion to compel #73 before Honorable Michael T. Mason on 6/2/2016 at 09:00 AM. (Miller, Marvin) |
| Filing 73 MOTION by Plaintiffs Gerald Greene, Nina Greene to compel Production of Documents and Memorandum in Support of Same (Miller, Marvin) |
| Filing 72 WRITTEN OPINION entered by the Honorable Michael T. Mason: For the reasons set forth below, plaintiffs' motion to compel #66 is granted in part and denied in part. Status hearing is set for 6/8/16 at 9:00 a.m. (rbf, ) |
| Filing 71 RESPONSE by Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co.in Opposition to MOTION by Plaintiffs Gerald Greene, Nina Greene to compel Plaintiffs' Motion to Compel Production of Documents and Memorandum in Support of Same #66 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(White, Craig) |
| Filing 70 REPLY by Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #54 (White, Craig) |
| Filing 69 ATTORNEY Appearance for Defendants Sears Protection Company, Sears Roebuck And Co. by Josephine Tung (Tung, Josephine) |
| Filing 68 MINUTE entry before the Honorable Michael T. Mason:Defendant's response to Plaintiffs' motion to compel #66 is due 5/12/16. Motion hearing date of 5/3/16 is stricken; no appearance is required on that date. Status hearing set for 5/10/16 is stricken. A future status date will be set at a later date. (rbf, ) |
| Filing 67 NOTICE of Motion by Lori Ann Fanning for presentment of motion to compel, #66 before Honorable Michael T. Mason on 5/3/2016 at 09:00 AM. (Fanning, Lori) |
| Filing 66 MOTION by Plaintiffs Gerald Greene, Nina Greene to compel Plaintiffs' Motion to Compel Production of Documents and Memorandum in Support of Same (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Fanning, Lori) |
| Filing 65 MEMORANDUM by Gerald Greene, Nina Greene in Opposition to Motion to Dismiss for Failure to State a Claim #54 (Attachments: #1 Certificate of Service)(Gross, Deborah) |
| Filing 64 MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. Plaintiffs' motion for extension of discovery schedule #62 is granted in part to 6/10/16. Parties are directed to meet and confer regarding a discovery schedule to present to Judge Mason. Status hearing set for 6/16/16 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 63 Notice of Motion for Plaintiffs' Motion for Extension of Discovey Schedule NOTICE of Motion by Lori Ann Fanning for presentment of extension of time #62 before Honorable Jorge L. Alonso on 4/13/2016 at 09:30 AM. (Fanning, Lori) |
| Filing 62 MOTION by Plaintiffs Gerald Greene, Nina Greene for extension of time Plaintiffs' Motion for Extension of Discovery Schedule (Fanning, Lori) |
| Filing 61 MINUTE entry before the Honorable Jorge L. Alonso: Defendants' motion to withdraw counsel #59 is granted. Attorneys Natalie J. Spears, Leah Rachel Bruno and Christopher Qualley King are given leave to withdraw as counsel for Defendants. Motion hearing date of 4/7/16 is stricken. Notice mailed by judge's staff (ntf, ) |
| Filing 60 NOTICE of Motion by Leah Rachel Bruno for presentment of motion to withdraw #59 before Honorable Jorge L. Alonso on 4/7/2016 at 09:30 AM. (Bruno, Leah) |
| Filing 59 MOTION by Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. to withdraw Counsel (Bruno, Leah) |
| Filing 58 MINUTE entry before the Honorable Jorge L. Alonso: Defendants' motion to dismiss #54 is taken under advisement. Plaintiffs' response shall be filed by 4/21/16. Defendants' reply in support shall be filed by 5/12/16. The court will rule electronically and set further dates in the ruling. Motion hearing date of 4/6/16 is stricken. Status hearing previously set for 4/27/16 is stricken. Notice mailed by judge's staff (ntf, ) |
| Filing 57 MINUTE entry before the Honorable Michael T. Mason: Status hearing held and continued to 5/10/16 at 09:00 a.m. (rbf, ) |
| Filing 56 MEMORANDUM by Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. in support of Motion to Dismiss for Failure to State a Claim #54 (Hines, Erin) |
| Filing 55 NOTICE of Motion by Erin Bolan Hines for presentment of Motion to Dismiss for Failure to State a Claim #54 before Honorable Jorge L. Alonso on 4/6/2016 at 09:30 AM. (Hines, Erin) |
| Filing 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Hines, Erin) |
| Filing 53 ATTORNEY Appearance for Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. by Erin Bolan Hines (Hines, Erin) |
| Filing 52 ATTORNEY Appearance for Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. by Craig M. White (White, Craig) |
| Filing 51 AMENDED complaint by Nina Greene, Gerald Greene against Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. (Attachments: #1 Exhibit A)(Miller, Marvin) |
| Filing 50 MINUTE entry before the Honorable Jorge L. Alonso: In the interest of judicial economy, plaintiffs' motion for class certification #6 is denied without prejudice to the filing of a renewed motion at the appropriate time in this case. Notice mailed by judge's staff (ntf, ) |
| Filing 49 MINUTE entry before the Honorable Michael T. Mason:Status hearing held and continued to 3/29/16 at 9:00 a.m. (rbf, ) |
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Filing 48
MEMORANDUM Opinion and Order. The Court grants in part and denies in part defendants' motion to dismiss #21 . The motion is granted as to the claims against Sears Holding Corp., which is dismissed as a defendant from this suit, and the unjust enrichment and ICFA claims asserted against Sears Protection and Sears, Roebuck, which are dismissed without prejudice. The motion is denied as to the contract claims asserted against Sears Protection and Sears, Roebuck. Signed by the Honorable Jorge L. Alonso on 2/2/2016. Notice mailed by judge's staff (ntf, )
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| Filing 47 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing previously set for 2/2/16 is stricken and reset to 4/27/16 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 46 MINUTE entry before the Honorable Michael T. Mason:Status hearing held and continued to 2/24/16 at 9:00 a.m. The parties are to contact the courtroom deputy, (312) 435-6051, if they decide they would like to schedule a settlement conference. (rbf, ) |
| Filing 45 MINUTE entry before the Honorable Michael T. Mason:Parties' joint motion for an extension of the discovery schedule #41 is granted. Fact discovery will close on 4/26/16. The 1/7/16 status hearing remains scheduled for 9:00 a.m. Mailed notice (lxs, ) |
| Filing 44 EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Michael T. Mason for parties joint motion for extension of discovery schedule #41 . Signed by Executive Committee on 12/18/2015. (sxw, ) |
| Filing 43 MINUTE entry before the Honorable Jorge L. Alonso: Parties' joint motion for extension of discovery schedule #41 is referred to Magistrate Judge Mason. Motion hearing date of 12/22/15 before this court is stricken. Notice mailed by judge's staff (ntf, ) |
| Filing 42 Joint Notice of Motion to Joint Motion for Extension of Discovery Schedule NOTICE of Motion by Lori Ann Fanning for presentment of extension of time #41 before Honorable Jorge L. Alonso on 12/22/2015 at 09:30 AM. (Fanning, Lori) |
| Filing 41 MOTION by Plaintiffs Gerald Greene, Nina Greene for extension of time Joint Motion for Extension of Discovery Schedule (Fanning, Lori) |
| Filing 40 MINUTE entry before the Honorable Michael T. Mason:On the Court's own motion, the 12/16/15 status hearing is stricken and reset for 1/7/2016 at 09:00 a.m. No appearance is necessary on 12/16/15. (rbf, ) |
| Filing 39 ATTORNEY Appearance for Plaintiffs Gerald Greene, Nina Greene by David M DeVito (DeVito, David) |
| Filing 38 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiffs' application to appear pro hac vice #37 is granted. Attorney David M DeVito is given leave to appear as counsel for Plaintiffs. Notice mailed by judge's staff (ntf, ) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11360343. (Devito, David) |
| Filing 36 MINUTE entry before the Honorable Michael T. Mason:Status hearing held and continued to 12/16/15 at 9:00 a.m. (rbf, ) |
| Filing 35 CONFIDENTIALITY Order Signed by the Honorable Michael T. Mason on 7/29/2015.(rbf, ) |
| Filing 34 MINUTE entry before the Honorable Michael T. Mason:Defendants' unopposed motion for entry of confidentiality order #30 is granted. Enter Agreed Confidentiality Order. The 7/30/15 motion and status hearing is stricken and rescheduled to 8/27/15 at 9:00 a.m. (rbf, ) |
| Filing 33 REPLY by Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. to Motion to Dismiss for Failure to State a Claim #21 (Bruno, Leah) |
| Filing 32 Re- NOTICE of Motion by Leah Rachel Bruno for presentment of motion for protective order #30 before Honorable Michael T. Mason on 7/30/2015 at 09:00 AM. (Bruno, Leah) |
| Filing 31 NOTICE of Motion by Leah Rachel Bruno for presentment of motion for protective order #30 before Honorable Jorge L. Alonso on 7/30/2015 at 09:00 AM. (Bruno, Leah) |
| Filing 30 MOTION by Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. for protective order (Unopposed Motion For Entry Of Confidentiality Order) (Attachments: #1 Exhibit A, #2 Exhibit B)(Bruno, Leah) |
| Filing 29 MEMORANDUM by Gerald Greene, Nina Greene in Opposition to Motion to Dismiss for Failure to State a Claim #21 Memorandum of Law In Opposition to Defendants' Motion To Dismiss Pursuant To Federal Rules of Civil Procedure 12(b)(6) and 9(b) (Fanning, Lori) |
| Filing 28 MINUTE entry before the Honorable Michael T. Mason:Status hearing held and continued to 7/30/15 at 9:00 a.m. (rbf, ) |
| Filing 27 STATUS Report (Joint Report in Connection with June 30, 2015 Initial Status Hearing before Judge Mason) by Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. (Attachments: #1 Exhibit A)(Bruno, Leah) |
| Filing 26 MINUTE entry before the Honorable Michael T. Mason:This case has been referred to Magistrate Judge Mason. An initial status hearing is set for 6/30/15 at 09:00 a.m. Parties are directed to file a Joint Status Report in accordance with this Court's Standing Order by 6/25/15. (rbf, ) |
| Filing 25 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Michael T. Mason for the purpose of holding proceedings related to: discovery supervision. (ntf, ) Notice mailed by judge's staff |
| Filing 24 MINUTE entry before the Honorable Jorge L. Alonso: Status hearing held and continued to 2/2/16 at 9:30 a.m. Motion hearing held. Defendants' motion to dismiss #21 is taken under advisement. Plaintiffs' response shall be filed by 6/30/15. Defendants' reply in support shall be filed by 7/21/15. The court will rule electronically. Parties' Rule 26(a)(1) disclosures shall be served by 6/15/15. All fact discovery shall be noticed in time to be completed by 1/26/16. Discovery will not be bifurcated or stayed. This case is referred to the Magistrate Judge for discovery supervision. Notice mailed by judge's staff (ntf, ) |
| Filing 23 STATUS Report Joint Rule 16 Report by Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. (King, Christopher) |
| Filing 22 NOTICE of Motion by Leah Rachel Bruno for presentment of Motion to Dismiss for Failure to State a Claim #21 before Honorable Jorge L. Alonso on 5/26/2015 at 09:30 AM. (Bruno, Leah) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Bruno, Leah) |
| Filing 20 MEMORANDUM in support of motion to dismiss (Bruno, Leah) |
| Filing 19 MINUTE entry before the Honorable Jorge L. Alonso: By agreement of the parties, status hearing previously set for 5/19/15 is stricken and reset to 5/26/15 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) |
| Filing 18 ATTORNEY Appearance for Plaintiffs Gerald Greene, Nina Greene by Deborah R Gross (Gross, Deborah) |
| Filing 17 MINUTE entry before the Honorable Jorge L. Alonso: Defendants' unopposed motion for an extension of time to answer or otherwise plead to the complaint #15 is granted to 5/18/15. Motion hearing date of 4/22/15 is stricken. An initial status hearing is set for 5/19/15 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) Modified on 5/26/2015 (ntf, ). |
| Filing 16 NOTICE of Motion by Leah Rachel Bruno for presentment of motion for extension of time to file answer #15 before Honorable Jorge L. Alonso on 4/22/2015 at 09:30 AM. (Bruno, Leah) |
| Filing 15 MOTION by Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. for extension of time to file answer (Bruno, Leah) |
| Filing 14 ATTORNEY Appearance for Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. by Leah Rachel Bruno (Bruno, Leah) |
| Filing 13 ATTORNEY Appearance for Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. by Christopher Qualley King (King, Christopher) |
| Filing 12 ATTORNEY Appearance for Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck And Co. by Natalie J. Spears (Spears, Natalie) |
| Filing 11 SUMMONS Returned Executed by Nina Greene, Gerald Greene as to Sears Roebuck And Co. on 3/26/2015, answer due 4/16/2015. (Miller, Marvin) |
| Filing 10 SUMMONS Returned Executed by Nina Greene, Gerald Greene as to Sears Protection Company on 3/26/2015, answer due 4/16/2015. (Miller, Marvin) |
| Filing 9 SUMMONS Returned Executed by Nina Greene, Gerald Greene as to Sears Holdings Corporation on 3/26/2015, answer due 4/16/2015. (Miller, Marvin) |
| Filing 8 MINUTE entry before the Honorable Jorge L. Alonso: Plaintiff's motion for class certification #6 is entered and continued generally. Plaintiff's request to stay briefing and ruling on class certification is granted. No appearance is necessary on 4/7/15. Notice mailed by judge's staff (ntf, ) |
| Filing 7 NOTICE of Motion by Marvin Alan Miller for presentment of motion to certify class #6 before Honorable Jorge L. Alonso on 4/7/2015 at 09:30 AM. (Miller, Marvin) |
| Filing 6 MOTION by Plaintiffs Gerald Greene, Nina Greene to certify class and stay of briefing (Miller, Marvin) |
| SUMMONS Issued as to Defendants Sears Holdings Corporation, Sears Protection Company, Sears Roebuck and Company (pg, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Gerald Greene, Nina Greene by Kathleen Ellen Boychuck (Boychuck, Kathleen) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Gerald Greene, Nina Greene by Lori Ann Fanning (Fanning, Lori) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Gerald Greene, Nina Greene by Marvin Alan Miller (Miller, Marvin) |
| Filing 2 CIVIL Cover Sheet (Miller, Marvin) |
| Filing 1 COMPLAINT filed by Nina Greene, Gerald Greene; Jury Demand. Filing fee $ 400, receipt number 0752-10476470. (Attachments: #1 Exhibit A)(Miller, Marvin) |
| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Michael T. Mason. (sg, ) |
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