ATC Healthcare Services, Inc. v. The Board of Education of the City of Chicago et al
| ATC Healthcare Services, Inc. |
| The Board of Education of the City of Chicago and RCM Technologies, Inc. |
| 1:2015cv08020 |
| September 11, 2015 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E Chang |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on August 5, 2019. A more recent docket listing may be available from PACER.
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Filing 171
ENTERED JUDGMENT on 08/05/2019:Emailed notice(slb, )
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Filing 170
MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. For the reasons stated in the Opinion, Defendant RCM's motion #140 for summary judgment is granted. Case dismissed with prejudice. A separate AO-450 judgment shall be entered. The status hearing of 10/17/2019 is vacated. Civil case terminated. Emailed notice(slb, )
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Filing 169
MINUTE entry before the Honorable Edmond E. Chang:The Court takes Defendant RCM's summary judgment motion #140 under advisement. Status hearing of 06/26/2019 is reset to 10/17/2019 at 9:30 AM.Emailed notice (slb, )
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Filing 168
MINUTE entry before the Honorable Edmond E. Chang: In light of the fully briefed summary judgment motion #140 (now filed only on behalf of Defendant RCM), the status hearing of 03/19/2019 is reset to 06/26/2019 at 9:30 AM.Emailed notice (slb, )
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Filing 167
MINUTE entry before the Honorable Edmond E. Chang: Defendant's unopposed extension motion to file reply #162 on 02/11/2019 is granted; the reply is now on the docket.Emailed notice (slb, )
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Filing 166
REPLY by Defendant RCM Technologies, Inc. REPLY TO ATC'S 56.1(b) STATEMENT OF ADDITIONAL FACTS (Saper, Adam)
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Filing 165
REPLY by Defendant RCM Technologies, Inc. REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT ON THE ISSUE OF LIABILITY ON COUNT III OF PLAINTIFFS FIRST AMENDED COMPLAINT (Saper, Adam)
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Filing 164
Defendant RCM Technologies, Inc.'s Unopposed Motion for Extension of Time of Three Court Days to File Reply in Support of Motion for Summary Judgment, NOTICE of Motion by Adam L. Saper for presentment of motion for extension of time to file, #162 before Honorable Edmond E. Chang on 2/14/2019 at 08:30 AM. (Saper, Adam)
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Filing 163
(Re-Notice) NOTICE of Motion by Adam L. Saper for presentment of motion for partial summary judgment #140 before Honorable Edmond E. Chang on 2/14/2019 at 08:30 AM. (Saper, Adam)
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Filing 162
DEFENDANT RCM TECHNOLOGIES, INC.'S UNOPPOSED MOTION FOR EXTENSION OF TIME OF THREE COURT DAYS TO FILE REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT . (Attachments: #1 Notice of Filing)(Saper, Adam) (Docket Text Modified by Clerk's Office) Modified on 2/7/2019 (aee, ).
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Filing 161
MINUTE entry before the Honorable Edmond E. Chang: Defendant RCM's unopposed extension motion #158 to file reply is granted to 02/06/2019. The status hearing of 02/28/2019 is reset to 03/19/2019 at 10:00 a.m.Emailed notice (slb, )
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Filing 160
MINUTE entry before the Honorable Edmond E. Chang: Due to the unavailability of the court, hearing on Defendants' motion for extension of time #158 is reset to 02/05/2019 at 12:15 p.m. Emailed notice (slb,)
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Filing 159
NOTICE of Motion by Adam L. Saper for presentment of motion for extension of time to file response/reply, #158 before Honorable Edmond E. Chang on 1/30/2019 at 08:30 AM. (Saper, Adam)
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Filing 158
MOTION by Defendants RCM Technologies, Inc., The Board of Education of the City of Chicago for extension of time to file response/reply as to order on motion for extension of time to file response/reply,,, terminate hearings,,, text entry,,, set motion and R&R deadlines/hearings,,, order on motion for relief,, #152 Unopposed Motion for extension of tIme of fourteen days to file reply in supportof Motion for Summary Judgement. (Saper, Adam)
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Filing 157
EXHIBIT by Plaintiff ATC Healthcare Services, Inc. regarding Rule 56 statement,, #154 (Attachments: #1 Exhibit)(Northcutt, Lance)
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Filing 156
NOTICE by ATC Healthcare Services, Inc. Notice of Filing Plaintiff's Response to Summary Judgment (Northcutt, Lance)
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Filing 155
RULE 56 56.1(b)(3)(C) Statement by ATC Healthcare Services, Inc. regarding motion for partial summary judgment #140 Response to Defendant's Statement of Facts (Northcutt, Lance)
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Filing 154
RULE 56 56.1(b)(C)(3) Statement by ATC Healthcare Services, Inc. regarding motion for partial summary judgment #140 (Attachments: #1 Exhibit LIST OF EXHIBITS, #2 Exhibit A, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit F1, #7 Exhibit F2, #8 Exhibit F3, #9 Exhibit F4, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P)(Northcutt, Lance)
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Filing 153
MEMORANDUM by ATC Healthcare Services, Inc. in Opposition to motion for partial summary judgment #140 (Northcutt, Lance)
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Filing 152
MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's extension motion #147 to file response to summary judgment is granted to 12/26/2018. Defendant RCM's reply is due by 01/23/2019. In light of the stipulated dismissal with Defendant Chicago Board of Education, under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the case against the Board is dismissed with prejudice, each side to bear its own fees and costs. The Clerk's Office shall terminate the Board as a defendant. The Court strongly encourages ATC and RCM to make every effort to resolve this case and stop draining resources on litigation. Mailed notice (mw, )
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Filing 151
NOTICE by ATC Healthcare Services, Inc. re stipulation of dismissal #150 of Defendant Board of Education (Northcutt, Lance)
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Filing 150
STIPULATION of Dismissal of Defendant Board of Education (Northcutt, Lance)
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Filing 149
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #146 sent to Attorney Regan Cook Hildebrand returned as: : Unknown address error. Mailed to attorney Regan Cook Hildebrand a letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at Docketing_ILND@ilnd.uscourts.gov when a Notification of Change of Address has been filed to ensure electronic notification is reset. (mc, )
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Filing 148
NOTICE of Motion by Lance D. Northcutt for presentment of motion for extension of time to file response/reply #147 before Honorable Edmond E. Chang on 12/20/2018 at 08:30 AM. (Northcutt, Lance)
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Filing 147
MOTION by Plaintiff ATC Healthcare Services, Inc. for extension of time to file response/reply as to motion for partial summary judgment #140 (Northcutt, Lance)
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Filing 146
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by J Ernest Mincy, III (Mincy, J)
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Filing 145
MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's unopposed extension motion #143 to file summary judgment response is granted to 12/17/2018. The defense reply is due by 01/14/2019. The status hearing of 01/24/2019 is reset to 02/28/2019 at 9:00 a.m.Emailed notice (slb, )
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Filing 144
NOTICE OF MOTION AND CERT OF SERVICE NOTICE of Motion by Lance D. Northcutt for presentment of motion for extension of time to file response/reply, #143 before Honorable Edmond E. Chang on 11/20/2018 at 08:30 AM. (Northcutt, Lance)
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Filing 143
MOTION by Plaintiff ATC Healthcare Services, Inc. for extension of time to file response/reply PLAINTIFF'S UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE ITS RESPONSE TO DEFENDANT'S JOINT MOTION FOR SUMMARY JUDGMENT (Northcutt, Lance)
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Filing 142
MINUTE entry before the Honorable Edmond E. Chang: Defendant Board's unopposed extension motion #137 of one business day to file opening brief in support of summary judgment is granted to 10/15/2018; the brief is accepted. Emailed notice (slb, )
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Filing 141
RULE 56.1(a)(3) Statement of Material Facts as to Which There is No Genuine Issue (JOINT) (Attachments: #1 Table of Contents - Exhbits A to L, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Notice of Filing)(Ryan, Daniel)
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Filing 140
MOTION by Defendants RCM Technologies, Inc., The Board of Education of the City of Chicago for partial summary judgment on the Issue of Liability Under Count III of Plaintiff's First Amended Complaint (Ryan, Daniel)
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Filing 139
MEMORANDUM in Support of their Joint Motion for Summary Judgment on the Issue of Liability Under Count III of Plaintiff's First Amended Complaint (Attachments: #1 Notice of Filing)(Ryan, Daniel)
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Filing 138
NOTICE of Motion by Regan Cook Hildebrand for presentment of motion for extension of time to file #137 before Honorable Edmond E. Chang on 10/18/2018 at 08:30 AM. (Hildebrand, Regan)
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Filing 137
MOTION by Defendant The Board of Education of the City of Chicago for extension of time to file summary judgment on October 15, 2018 (Hildebrand, Regan)
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Filing 136
MINUTE entry before the Honorable Edmond E. Chang: Defendants' unopposed extension motion #134 to file summary judgment motion is granted to 10/12/2018, in light of the circumstances cited in the motion. Plaintiff's response is due by 11/26/2018. Defendants' reply due by 12/17/2018. The status hearing of 10/10/2018 is reset to 01/24/2019 at 9:30 AM.Emailed notice (slb, )
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Filing 135
NOTICE of Motion by Regan Cook Hildebrand for presentment of motion for extension of time to file #134 before Honorable Edmond E. Chang on 9/6/2018 at 10:00 AM. (Hildebrand, Regan)
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Filing 134
MOTION by Defendant The Board of Education of the City of Chicago for extension of time to file (Hildebrand, Regan)
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Filing 133
MINUTE entry before the Honorable Edmond E. Chang: Status hearing held and continued to 10/10/18 at 9:30 a.m. Without a written motion, the parties granted themselves an extension to finish a deposition on 07/18/2018. There will be no further extensions absent the most extraordinary of circumstances. The parties reported that no one will be retaining an expert on the issue of liability, but that Plaintiff would retain a damages expert. In light of that, to possibly avoid unnecessary expense, the summary judgment briefing may be limited to liability only and expert discovery (and briefing) on damages is suspended. Defendants' joint motion for summary judgment on liability to be filed by 9/10/2018. That is a long time from now, so an extension is very unlikely. Defendants' may use 30 pages. If Defendants believe that they need additional Local Rule 56.1 paragraphs, they shall monitor that issue as they prepare their filings and then file an appropriate motion. Plaintiff's response shall be filed by 10/22/2018 and also may use 30 pages, with the same possibility of extra 56.1 paragraphs. Defendants' joint reply brief to be filed by 11/19/2018. Mailed notice (mw, )
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Filing 132
CONFIDENTIALITY PROTECTIVE ORDER Signed by the Honorable Edmond E. Chang on 6/19/2018. Mailed notice (mw, )
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Filing 131
MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for leave for additional discovery #121 . For the reasons discussed during the hearing, the motion #121 is denied without prejudice. The motion argued that Andrew Hay's unreasonable and surprising answers during his deposition justifies the additional deposition (of Marc Chafetz), yet the motion did not attach a copy of the deposition transcript. Also, a Rule 30(b)(6) notice would have ensured the coverage of the topics that Plaintiff wanted to cover, but none was issued by Plaintiff during discovery. It is worth noting too that Chafetz was one of only 4 witnesses identified in Defendant's Rule 26(a)(1) disclosures (so it was plain that he would have relevant knowledge), and he resides in the Philadelphia, PA area (so counsel for all 3 parties would have to travel again for the deposition). At the least, if Plaintiff renews the motion, it is very likely that Plaintiff will have to pay airfare for the second trip. On Defendant RCM's motion to compel #125 , Plaintiff agreed to produce the responsive records, so the motion is granted. The two stages are: first, by 05/16/2018, records relating to all staffing requests that Plaintiff contends were not filled due to RCM hiring nurses who were employed by Plaintiff, and the state and federal tax returns of Mikgia, LLC, for tax years 2013 to the present. This will allow RCM to finish Weiner's deposition by 06/14/2018. Second stage: all remaining records by 05/30/2018. The parties' joint motion for entry of agreed confidentiality order #129 is granted. The order will be entered in a separate docket entry after the parties email the MS Word version. The status hearing of 05/30/2018 is reset to 06/20/2018 at 9:00 a.m., when all parties shall be ready to discuss the next step of the litigation. The Court strongly encourages the parties to at least take a shot at a settlement conference.Emailed notice (slb, )
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Filing 130
NOTICE of Motion by Lance D. Northcutt for presentment of Motion for Entry Agreed Confidentiality #129 before Honorable Edmond E. Chang on 5/2/2018 at 08:30 AM. (Northcutt, Lance) Modified on 4/26/2018 (kp, ). (Docekt Text Modified by Clerk's Office)
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Filing 129
JOINT MOTION for Entry of Agreed Confidentiality Order by ATC Healthcare Services, Inc. (Attachments: #1 Exhibit)(Northcutt, Lance) Modified on 4/26/2018 (kp, ). (Docket Text Modified by Clerk's Office)
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Filing 128
RESPONSE by The Board of Education of the City of Chicagoin Opposition to MOTION to Defer Initial Discovery Response Deadline (MIDP) Motion for Leave for Additional Discovery, filed by Plaintiff ATC Healthcare Services, Inc.. #121 (Hildebrand, Regan)
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Filing 127
RESPONSE by RCM Technologies, Inc.in Opposition to MOTION to Defer Initial Discovery Response Deadline (MIDP) Motion for Leave for Additional Discovery, filed by Plaintiff ATC Healthcare Services, Inc.. #121 (Ryan, Daniel)
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Filing 126
NOTICE of Motion by Adam L. Saper for presentment of motion to compel #125 before Honorable Edmond E. Chang on 4/30/2018 at 08:30 AM. (Saper, Adam)
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Filing 125
MOTION by Defendant RCM Technologies, Inc. to compel Plaintiff's Compliance with Written Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Saper, Adam)
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Filing 124
MINUTE entry before the Honorable Edmond E. Chang: On Plaintiff's motion #121 to take additional deposition and issue requests to admit, Defendants' responses are due by 2 p.m. on 04/25/2018. The motion hearing is reset to 04/26/2018 at 08:30 a.m.Emailed notice (eec)
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Filing 123
MINUTE entry before the Honorable Edmond E. Chang: Plaintiff ATC's motion #112 to authorize deposition of Barbara Byrd-Bennett is denied, without prejudice for now. The sole remaining claim is premised on the alleged interference with ATC's employment relationship with the nurses stationed at CPS. ATC asserts that Byrd-Bennett has personal knowledge of the alleged interference, but ATC provides no support for that assertion. It would be one thing if ATC could cite an email, record, interview statement, or deposition testimony to back up that assertion, but there is nothing. If ATC develops that kind of evidence, and it is sufficient to justify the burden of taking the deposition of a federal prisoner (which not only burdens the parties, but also the Bureau of Prisons), then ATC may refile the motion. The tracking status of 04/20/2018 is vacated. Emailed notice (slb, )
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Filing 122
NOTICE of Motion by Lance D. Northcutt for presentment of Motion to Defer Initial Discovery Response Deadline #121 before Honorable Edmond E. Chang on 4/24/2018 at 08:30 AM. (Northcutt, Lance)
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Filing 121
MOTION to Defer Initial Discovery Response Deadline (MIDP) Motion for Leave for Additional Discovery, filed by Plaintiff ATC Healthcare Services, Inc.. (Northcutt, Lance)
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Filing 120
MINUTE entry before the Honorable Edmond E. Chang: The agreed extension motion #118 is granted to 05/15/2018, on the following conditions. First, the extension is for the limited purpose of taking the five specified depositions and the subset of non-party deponents that are referred to in the motion. Second, at the next status hearing, the parties should be prepared to discuss the next step with specificity, whether it is expert discovery, a settlement referral, dispositive motion practice, or trial. The status hearing of 04/10/2018 is reset to 05/30/2018 at 9:00 a.m. As a separate tracking status for the motion #112 to authorize Barbara Byrd-Bennett's deposition only (no appearance is required), a second status hearing is set for 04/20/2018 at 8:30 a.m., Emailed notice (slb, )
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Filing 119
NOTICE of Motion by Regan Cook Hildebrand for presentment of motion for miscellaneous relief #118 before Honorable Edmond E. Chang on 4/10/2018 at 10:00 AM. (Hildebrand, Regan)
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Filing 118
MOTION by Defendant The Board of Education of the City of ChicagoTo Take Certain Depositions in May 2018 Joint (Hildebrand, Regan)
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Filing 117
STATUS Report Regarding Depositions Status by The Board of Education of the City of Chicago (Hildebrand, Regan)
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Filing 116
MINUTE entry before the Honorable Edmond E. Chang:The Court has the motion #112 to compel deposition under advisement and will post a decision on the docket in due course. The tracking status hearing of 03/23/2018 is vacated. Emailed notice (slb, )
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Filing 115
REPLY by Plaintiff ATC Healthcare Services, Inc. Plaintiff's Reply to MOTION to compel the Deposition of Barbara Byrd-Bennett (Keiser, Timothy)
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Filing 114
RESPONSE by RCM Technologies, Inc., The Board of Education of the City of Chicagoin Opposition to MOTION by Plaintiff ATC Healthcare Services, Inc. to compel The Deposition of Barbara Byrd-Bennett #112 (Attachments: #1 Errata)(Hildebrand, Regan)
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Filing 113
NOTICE of Motion by Lance D. Northcutt for presentment of motion to compel #112 before Honorable Edmond E. Chang on 3/23/2018 at 08:30 AM. (Northcutt, Lance)
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Filing 112
MOTION by Plaintiff ATC Healthcare Services, Inc. to compel The Deposition of Barbara Byrd-Bennett (Northcutt, Lance)
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Filing 111
MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on the parties' motions for extension of time [103, 104 and 108]. For some reason, Defendant RCM Technologies' counsel did not appear. The motions are granted, but none of the parties have paid sufficient attention to the deadlines. The deadline to serve written discovery requests was 11/20/2017, R. 96, but it turns out that the Board's and RCM's were not served until 12/01/2017 (Plaintiff was unsure when it served Plaintiff's requests). The parties granted extensions to one another to the point that production still has not been made, and yet the Deposition Status Report was due on 02/20/2018. These extension motions were filed on 02/19/2018 and 02/20/2018, with presentment dates after the deadline. If the parties had treated the deadline seriously, then an earlier extension motion could have been filed and the Court actually could have managed discovery -- for example, inquire into the possibility of a rolling production of documents, sequencing key custodians earlier. Instead, Plaintiff is going to disclose 10,000 - 20,000 pages tomorrow, and the Board also has a voluminous production to make, presumably all at one time. To move forward, Plaintiff must complete its production by 02/23/2018. The Board shall complete its production by 03/07/2018. The Deposition Status Report is due by 04/04/2018 (same conditions apply: it must list confirmed deposition dates, not just proposals, and anyone not on that list shall not be deposed absent good cause). Plaintiff reported that they will be filing a motion to compel the disposition of Barbara Byrd-Bennett. That should have been filed by 02/05/2018, per R. 99. Plaintiff's motion to authorize the deposition is due 03/08/2018. Defense response to the motion due 03/15/2018 (if both Defendants object, they shall file a combined response). Plaintiff's reply due 03/20/2018. To track the motion to authorize the deposition of Barbara Byrd-Bennett, a status hearing (no appearance required) is set for 03/23/2018 at 8:30 a.m. (If the deposition overcomes the Board's objection, Byrd-Bennett herself will have a chance to pose objections after service of process.) The status hearing of 03/07/2018 is reset to 04/10/2018 at 10:00 a.m. Emailed notice (slb, )
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Filing 110
REPORT of Rule 26(f) Planning Meeting by ATC Healthcare Services, Inc. (Keiser, Timothy)
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Filing 109
NOTICE of Motion by Regan Cook Hildebrand for presentment of extension of time #108 before Honorable Edmond E. Chang on 2/26/2018 at 08:30 AM. (Hildebrand, Regan)
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Filing 108
MOTION by Defendant The Board of Education of the City of Chicago for extension of time to identify confirmed depositions (Hildebrand, Regan)
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Filing 107
Amended NOTICE of Motion by Adam L. Saper for presentment of extension of time #104 before Honorable Edmond E. Chang on 2/26/2018 at 08:30 AM. (Saper, Adam)
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Filing 106
MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the extension motions [103, 104] to file Deposition Status Report is reset to 9:15 a.m. on the same date, 02/22/2018. Emailed notice (slb, )
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Filing 105
NOTICE of Motion by Adam L. Saper for presentment of extension of time #104 before Honorable Edmond E. Chang on 2/22/2018 at 08:30 AM. (Saper, Adam)
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Filing 104
MOTION by Defendant RCM Technologies, Inc. for extension of time to identify confirmed depositions (Saper, Adam)
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Filing 103
MOTION by Plaintiff ATC Healthcare Services, Inc. for extension of time (Northcutt, Lance)
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Filing 102
MINUTE entry before the Honorable Edmond E. Chang: Defendant's motion to withdraw the appearance of Attorney Lisa Dresihmire #100 is granted.Emailed notice (slb, )
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Filing 101
NOTICE of Motion by Regan Cook Hildebrand for presentment of motion to withdraw #100 before Honorable Edmond E. Chang on 2/7/2018 at 08:30 AM. (Hildebrand, Regan)
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Filing 100
MOTION by Defendant The Board of Education of the City of Chicago to withdraw Attorney Lisa Dreishmire (Hildebrand, Regan)
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Filing 99
MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Both sides made their Rule 26(a)(1) disclosures and issued their first-round of written discovery requests. The parties continue to work on securing the deposition of the former head of procurement, who now lives in France. If there is a dispute as of 02/05/2018 on whether a particular deposition should take place, then the parties shall file a motion to compel or quash on that date. By 02/20/2018, the parties shall file a joint status report with the confirmed dates of the remaining depositions; any person not on that status report will presumptively not be deposed unless there is good cause shown (e.g., genuine surprise). Status hearing set for 03/07/2018 at 10:00 a.m.Emailed notice (slb, )
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Filing 98
Board of Education's ANSWER to Complaint with Jury Demand To Plaintiff's First Amended Complaint by The Board of Education of the City of Chicago(Hildebrand, Regan)
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Filing 97
ANSWER to Complaint Answer to Plaintiff's First Amended Complaint by RCM Technologies, Inc.(Saper, Adam)
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Filing 96
MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Plaintiff's oral, unopposed motion to extend the initial disclosures and written discovery requests is granted: Rule 26(a)(1) disclosures and the first round of written discovery requests shall issue by 11/20/2017. Fact discovery shall close by 04/23/2018. The expert discovery deadlines will be set later. Rule 16(b) deadline to add parties or amend pleadings is set for 02/13/2018. The Board reported that one of its relevant ex-employee witnesses now lives in France; there might be other non-party witnesses. The deadline to serve non-party subpoenas is 01/22/2018, and if Hague process might be needed, then the parties should begin conferring as soon as possible. Defense's oral, unopposed motion to extend the answer deadline is granted as to both Defendants until 10/30/2017. Status hearing is set for 12/20/2017 at 9:00 a.m. Mailed notice (ags, )
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Filing 95
REPORT of Rule 26(f) Planning Meeting by ATC Healthcare Services, Inc. (Northcutt, Lance)
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Filing 94
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by Lisa A. Dreishmire (Dreishmire, Lisa)
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Filing 93
MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang on 9/30/2017: For the reasons stated in the Opinion, Defendants' motion to dismiss #71 is granted in part and denied in part. The motion to dismiss the Deceptive Trade Practices Act and the Consumer Fraud Act claims is granted, and this time the dismissals are with prejudice, because ATC has already amended the complaint. But the claim for tortious interference with economic advantage remains intact. The status hearing of 10/12/2017 remains as scheduled. The parties shall confer on a discovery schedule and file a joint Rule 26(f) report by 10/10/2017. At the least, Rule 26(a)(1) disclosures will be due by 10/23/2017, and the first round of written discovery requests shall be issued no later than that date. Emailed notice(Chang, Edmond)
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Filing 92
MINUTE entry before the Honorable Edmond E. Chang: The Court has the motion to dismiss #71 under advisement, so the status hearing of 08/30/2017 is reset to 10/12/2017 at 9:00 AM.Emailed notice (slb, )
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Filing 91
MINUTE entry before the Honorable Edmond E. Chang:In light of the pendency of the motion to dismiss #71 , the status hearing of 07/25/2017 is reset to 08/30/2017 at 09:00 AM.Emailed notice (slb, )
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Filing 90
MINUTE entry before the Honorable Edmond E. Chang:Defendant Board's motion to substitute Regan Hildebrand as lead counsel and trial attorney #88 is granted. Emailed notice (slb, )
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Filing 89
NOTICE of Motion by Regan Cook Hildebrand for presentment of motion to substitute attorney #88 before Honorable Edmond E. Chang on 7/13/2017 at 08:30 AM. (Hildebrand, Regan)
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Filing 88
MOTION by Defendant The Board of Education of the City of Chicago to substitute attorney Regan Hildebrand (Hildebrand, Regan)
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Filing 87
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by Regan Cook Hildebrand (Hildebrand, Regan)
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Filing 86
MINUTE entry before the Honorable Edmond E. Chang:The motion to dismiss #71 the amended complaint remains under advisement. Status hearing of 04/24/2017 is reset to 07/25/2017 at 9:00 AM.Emailed notice (slb, )
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Filing 85
WITHDRAWING Susan M. O'Keefe and Lisa A. Dreishmire as counsel for Defendant The Board of Education of the City of Chicago and substituting John S LaMantia as counsel of record (LaMantia, John)
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Filing 84
MINUTE entry before the Honorable Edmond E. Chang: The Court has the motion to dismiss #71 the amended complaint under advisement. Status hearing of 02/22/2017 is reset to 04/24/2017 at 9:00 AM.Emailed notice (slb, )
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Filing 83
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by John S LaMantia (LaMantia, John)
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Filing 82
MINUTE entry before the Honorable Edmond E. Chang: Defendant Board's motion to withdraw the appearance of attorney Cynthia Barnes Harris #80 is granted. Emailed notice (slb, )
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Filing 81
NOTICE of Motion by Cynthia Barnes Harris for presentment of motion to withdraw as attorney #80 before Honorable Edmond E. Chang on 1/24/2017 at 08:30 AM. (Harris, Cynthia)
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Filing 80
MOTION by Attorney Cynthia B. Harris to withdraw as attorney for The Board of Education of the City of Chicago. No party information provided (Harris, Cynthia)
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Filing 79
MINUTE entry before the Honorable Edmond E. Chang: In light of the fully briefed motion to dismiss #71 the amended complaint, the status hearing of 12/20/2016 is reset to 02/22/2017 at 9:30 AM.Emailed notice (slb, )
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Filing 78
REPLY by RCM Technologies, Inc., The Board of Education of the City of Chicago to MOTION by Defendants RCM Technologies, Inc., The Board of Education of the City of Chicago to dismiss (Defendants' Joint 12(b)(6) Motion to Dismiss) #71 (Nayani, Arsalan)
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Filing 77
MEMORANDUM by ATC Healthcare Services, Inc. in Opposition to motion to dismiss #71 (Northcutt, Lance)
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Filing 76
MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's extension motion #74 is granted, but further extensions will require extraordinary circumstances. Plaintiff's response is due by 11/01/2016 (the brief may be 25 pages). Defendants' joint reply is due by 11/22/2016.Emailed notice (slb, )
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Filing 75
NOTICE of Motion by Lance D. Northcutt for presentment of motion for extension of time to file response/reply, motion for relief #74 before Honorable Edmond E. Chang on 10/27/2016 at 08:30 AM. (Northcutt, Lance)
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Filing 74
MOTION by Plaintiff ATC Healthcare Services, Inc. for extension of time to file response/reply as to motion to dismiss #71 (Northcutt, Lance)
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Filing 73
MINUTE entry before the Honorable Edmond E. Chang: Defendants did file a motion to dismiss targeting all of the claims in the amended complaint. The briefing schedule is already in place, R. 69, so the status hearing of 09/22/2016 is reset to 12/20/2016 at 9:00 AM.Emailed notice (slb, )
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Filing 72
MEMORANDUM by RCM Technologies, Inc., The Board of Education of the City of Chicago in support of motion to dismiss #71 (Attachments: #1 Exhibit A, #2 Exhibit B)(Nayani, Arsalan)
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Filing 71
MOTION by Defendants RCM Technologies, Inc., The Board of Education of the City of Chicago to dismiss (Defendants' Joint 12(b)(6) Motion to Dismiss) (Nayani, Arsalan)
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Filing 70
ATTORNEY Appearance for Defendant RCM Technologies, Inc. by Arsalan Ali Nayani (Nayani, Arsalan)
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Filing 69
MINUTE entry before the Honorable Edmond E. Chang: Defendants' extension motion #66 to file the joint motion to dismiss is granted to 09/19/2016. Plaintiff's response is due by 10/18/2016 (the brief may be 25 pages). Defendants' joint reply is due by 11/01/2016 (this is shorter than requested, but should be enough because this is the second time around; the defense may file an extension motion if truly necessary). For now, the 09/22/2016 status hearing remains in place to track the filing of the dismissal motion; if it is filed on time, and if it targets all the counts in the amended complaint, then the status will be continued. Emailed notice (slb, )
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Filing 68
MINUTE entry before the Honorable Edmond E. Chang: Motion by Defendant The Board of Education of the City of Chicago to withdraw the appearance of Attorney Charles T. Little #64 is granted. Emailed notice (slb, )
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Filing 67
NOTICE of Motion by Cynthia Barnes Harris for presentment of motion for extension of time to file answer #66 before Honorable Edmond E. Chang on 9/22/2016 at 10:00 AM. (Harris, Cynthia)
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Filing 66
MOTION by Defendant The Board of Education of the City of Chicago for extension of time to file answer Defendants' Joint Motion for Enlargement of Time to file Rule 12(b)(6) Joint Motion to Dismiss (Harris, Cynthia)
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Filing 65
NOTICE of Motion by Charles Thomas Little for presentment of motion to withdraw #64 before Honorable Edmond E. Chang on 9/22/2016 at 10:00 AM. (Little, Charles)
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Filing 64
MOTION by Defendant The Board of Education of the City of Chicago to withdraw Appearance of Attorney Charles T. Little (Little, Charles)
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Filing 63
MINUTE entry before the Honorable Edmond E. Chang: The defense extension motions [58, 59, 61] are granted, but with an adjustment to the extent the Defendants file a motion to dismiss and a little more time in light of the adjustment. If answers are filed, they are due by 09/12/2016. If the Defendants file a motion to dismiss, or a partial motion to dismiss, then the motion is also due 09/12/2016, but the Defendants shall file one motion with one supporting joint brief. Common issues and arguments shall be presented together, and of course the brief may include individual arguments that pertain just to one of the Defendants. The brief may use 25 pages (the Defendants may file an expansion motion if needed, and when the Court sets the briefing schedule, the Plaintiff will get more pages for the combined response). Status hearing of 08/10/2016 is reset to 09/22/2016 at 10:00 AM.Emailed notice (slb, )
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Filing 62
MINUTE entry before the Honorable Edmond E. Chang: Motion by Attorney Sunil Kumar to withdraw as attorney for The Board of Education of the City of Chicago #54 is granted. Emailed notice (slb, )
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Filing 61
MOTION by Defendant The Board of Education of the City of Chicago for extension of time to file answer regarding motion for extension of time to file answer #58 Notice of Motion for extension of time to file answer (uncontested) (Harris, Cynthia)
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Filing 60
NOTICE of Motion by Richard B. Polony for presentment of motion for extension of time to file answer #59 before Honorable Edmond E. Chang on 8/10/2016 at 09:45 AM. (Polony, Richard)
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Filing 59
MOTION by Defendant RCM Technologies, Inc. for extension of time to file answer (Uncontested) (Polony, Richard)
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Filing 58
MOTION by Defendant The Board of Education of the City of Chicago for extension of time to file answer to reset date of status hearing - uncontested (Little, Charles)
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Filing 57
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by Charles Thomas Little AMENDED (Little, Charles)
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Filing 56
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by Susan Margaret O'Keefe (O'Keefe, Susan)
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Filing 55
NOTICE of Motion by Lisa A. Dreishmire for presentment of motion to withdraw as attorney #54 before Honorable Edmond E. Chang on 8/10/2016 at 09:45 AM. (Dreishmire, Lisa)
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Filing 54
MOTION by Attorney Sunil Kumar to withdraw as attorney for The Board of Education of the City of Chicago. No party information provided (Dreishmire, Lisa)
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Filing 53
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by Lisa A. Dreishmire (Dreishmire, Lisa)
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Filing 52
MINUTE entry before the Honorable Edmond E. Chang: Defendants' answer or response to the First Amended Complaint is due by 08/08/2016. The status hearing of 07/20/2016 is reset to 08/10/2016 at 9:45 AM.Emailed notice (slb, )
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Filing 51
FIRST AMENDED complaint by ATC Healthcare Services, Inc. against ATC Healthcare Services, Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Northcutt, Lance)
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Filing 49
MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's extension motion #48 was filed on the date that the amended complaint was due. Although the motion should have been filed earlier, in view of the short extension request, it is granted to 07/18/2016. The status hearing of 07/13/2016 is reset to 07/20/2016 at 9:15 a.m.Emailed notice (slb, )
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Filing 50
NOTICE OF EMAIL NOTIFICATION FAILURE, for document #48 sent to Attorney Sunil Kumar returned as: Unknown Address Error. Mailed to attorney Sunil Kumar a Letter re: bounce back email and a Notification of Change of Address form. Notices have been set to No. Counsel must email the Clerk's Office at Docketing_ILND@uscourts.gov when a Notification of Change of Address has been filed to ensure electronic notification is reset. (ek, )
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Filing 48
MOTION by Plaintiff ATC Healthcare Services, Inc. for extension of time to amend complaint, #1 (Northcutt, Lance)
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Filing 47
MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. For the reasons stated in the Opinion, the defense motions to dismiss [19, 23] are granted, for now without prejudice. If ATC wishes to file an amended complaint, then it may -- and must -- do so by 07/11/2016. The Court resets the 06/30/2016 status hearing to 07/13/2016, at 9:45 a.m. The Court also encourages the parties to engage in settlement negotiations to save further delay and expense in resolving this litigation. Emailed notice(slb, )
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Filing 46
MINUTE entry before the Honorable Edmond E. Chang:The dismissal motions [19, 23] are still under advisement. The status hearing of 05/25/2016 is reset to 06/30/2016 at 9:30 AM.Emailed notice (slb, )
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Filing 45
MINUTE entry before the Honorable Edmond E. Chang: The respective dismissal motions [19, 23] are under advisement. The status hearing of 04/13/2016 is reset to 05/25/2016 at 9:30 AM. Emailed notice (slb, )
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Filing 44
MINUTE entry before the Honorable Edmond E. Chang: In view of the fully briefed dismissal motions [19, 23], the status hearing of 02/09/2016 is reset to 04/13/2016 at 9:00 a.m. The Second Joint Jurisdictional Statement #43 satisfies the jurisdictional inquiry on the franchisee issue, R. 29. Emailed notice (slb, )
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Filing 43
Second Joint Jurisdictional Statement STATEMENT by ATC Healthcare Services, Inc. (Attachments: #1 Exhibit Ex. A, part 1, #2 Exhibit Ex. A, part 2, #3 Exhibit Ex. B)(Northcutt, Lance)
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Filing 42
MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's unopposed extension motion to file #40 the Second Jurisdictional Statement is granted to 12/30/2015.Emailed notice (Chang, Edmond)
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Filing 41
NOTICE of Motion by Lance D. Northcutt for presentment of motion for extension of time to file #40 before Honorable Edmond E. Chang on 12/28/2015 at 08:30 AM. (Northcutt, Lance)
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Filing 40
MOTION by Plaintiff ATC Healthcare Services, Inc. for extension of time to file Second Joint Jurisdictional Statement (Northcutt, Lance)
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Filing 39
REPLY by The Board of Education of the City of Chicago to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #19 (Harris, Cynthia)
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Filing 38
REPLY by Defendant RCM Technologies, Inc. to motion to dismiss #23 (Reply In Support of its Rule 12(b)(6) Motion to Dismiss Plaintiff's Complaint) (Ryan, Daniel)
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Filing 37
MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's unopposed extension motion #35 to file Second Jurisdictional Statement is granted to 12/22/2015.Emailed notice (slb, )
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Filing 36
NOTICE of Motion by Lance D. Northcutt for presentment of motion for extension of time to file #35 before Honorable Edmond E. Chang on 12/21/2015 at 08:30 AM. (Northcutt, Lance)
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Filing 35
MOTION by Plaintiff ATC Healthcare Services, Inc. for extension of time to file Second Joint Jurisdictional Statement (Northcutt, Lance)
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Filing 34
MINUTE entry before the Honorable Edmond E. Chang: The unopposed extension motions [30, 32] of both Defendants to reply is granted to 12/21/2015. The status hearing of 01/12/2016 is reset to 02/09/2016 at 9:30 AM.Emailed notice (slb, )
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Filing 33
NOTICE of Motion by Adam L. Saper for presentment of motion for extension of time to file response/reply, motion for relief #32 before Honorable Edmond E. Chang on 12/21/2015 at 08:30 AM. (Saper, Adam)
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Filing 32
MOTION by Defendant RCM Technologies, Inc. for extension of time to file response/reply as to motion to dismiss #23 (Saper, Adam)
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Filing 31
NOTICE of Motion by Cynthia Barnes Harris for presentment of motion for extension of time to file response/reply #30 before Honorable Edmond E. Chang on 12/17/2015 at 08:30 AM. (Harris, Cynthia)
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Filing 30
MOTION by Defendant The Board of Education of the City of Chicago for extension of time to file response/reply (Harris, Cynthia)
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Filing 29
MINUTE entry before the Honorable Edmond E. Chang: In view of the jurisdictional statement, R. 26, the current jurisdictional inquiry is satisfied. The status hearing of 12/03/2015 to track that inquiry is vacated. But in the statement, the defense raises another potential jurisdictional issue, this time concerning the real party in interest. The complaint refers to Plaintiff ATC as having a "nationwide franchise network that includes offices in Illinois." R. 1, para. 2. The complaint later mentions that some of the services on the contract at issue was performed by "ATC and Cindy Weiner -- the franchise owner and manager of ATC's local office based in Palos Heights, Illinois...." R. 1, para. 30. It appears plausible, though perhaps short of likely based just on the allegations, that the real party in interest is a separate corporate entity that is either incorporated in Illinois or has its principal place of business in Illinois, which would undermine diversity. During the time that the dismissal motions are being briefed, the parties should undertake to resolve this issue, because the absence of subject matter jurisdiction would render inoperative any decisions issued by the Court (including on the dismissal motions). So, even though the chances of a jurisdictional defect on this ground is not great, the issue should be resolved sooner rather than later. Accordingly, the parties shall confer on the issue by 12/09/2015, including on whether Plaintiff should disclose documents or a declaration that can resolve the issue. If the parties cannot informally agree on the production of documents or a declaration to resolve the issue, then the defense shall issue written discovery requests by 12/10/2015, answerable by 01/06/2016. In any event, the parties shall file a Second Jurisdictional Statement by 12/15/2015. If, by that date, Plaintiff ATC has produced documents or a declaration that the parties agree does resolve the issue, then the documents or declaration should be attached to the Statement, along with an explanation.Emailed notice (slb, )
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Filing 28
RESPONSE by ATC Healthcare Services, Inc.in Opposition to MOTION by Defendant RCM Technologies, Inc. to dismiss Complaint Under Rule 12(b)(6) #23 (Northcutt, Lance)
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Filing 27
RESPONSE by ATC Healthcare Services, Inc.in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #19 (Northcutt, Lance)
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Filing 26
Joint Jursdictional Statement STATEMENT by ATC Healthcare Services, Inc. (Northcutt, Lance)
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Filing 25
MINUTE entry before the Honorable Edmond E. Chang: Subject matter jurisdiction in this case is premised on diversity of citizenship. Corporate citizenship is determined by principal place of business and state of incorporation. Illinois Bell Tel. Co. v. Global NAPs Ill., Inc., 551 F.3d 587, 589-90 (7th Cir. 2008). The complaint alleges that Plaintiff's "principal place of business" is in New York, R. 1, para. 2, but also alleges that Plaintiff is "headquartered" in Georgia. The complaint alleges that Defendant RCM Technologies, Inc., is "headquartered" in New Jersey, R. 1, para. 4, but makes no further statement as to principal place of business. Perhaps Plaintiff is using "headquartered" as a synonym for principal place of business, but perhaps not, because Plaintiff alleges that its principal place of business and headquarters are in different states. And there are no allegations as to state of incorporation. The parties shall file a joint Jurisdictional Statement addressing these issues (and using the definition in the cited case, 551 F.3d at 589-90, for principal place of business) by 11/23/2015. To track the Jurisdictional Statement's filing, a second status hearing is set for 12/03/2015 at 1:00 PM.Emailed notice (slb, )
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Filing 24
MEMORANDUM by RCM Technologies, Inc. in support of motion to dismiss #23 to Dismiss Plaintiff's Complaint (Attachments: #1 Notice of Filing Memorandum In Support of Rule 12(b)(6) Motion to Dismiss Plaintiff's Complaint)(Saper, Adam)
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Filing 23
MOTION by Defendant RCM Technologies, Inc. to dismiss Complaint Under Rule 12(b)(6) (Attachments: #1 Notice of Filing Defendant RCM's Motion to Dismiss Complaint Under Rule 12(b)(6))(Saper, Adam)
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Filing 22
MINUTE entry before the Honorable Edmond E. Chang: Defendant RCM's motion to file #17 oversized brief is granted. RCM shall promptly file the dismissal motion and the brief on the docket. On the anticipated RCM dismissal motion and the Board's motion to dismiss #19 , Plaintiff's responses are due by 11/30/2015. Defense replies are due by 12/14/2015. Status hearing of 11/12/2015 is reset to 01/12/2016 at 9:30 AM.Emailed notice (slb, )
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Filing 21
STATUS Report by ATC Healthcare Services, Inc. (Northcutt, Lance)
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Filing 20
NOTICE of Motion by Charles Thomas Little for presentment of Motion to Dismiss for Failure to State a Claim #19 before Honorable Edmond E. Chang on 11/12/2015 at 08:30 AM. (Little, Charles)
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Filing 19
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit A)(Little, Charles)
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Filing 18
UNOPPOSED NOTICE of Motion by Adam L. Saper for presentment of motion for leave to file #17 before Honorable Edmond E. Chang on 11/12/2015 at 08:30 AM. (Saper, Adam)
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Filing 17
MOTION by Defendant RCM Technologies, Inc. for leave to file Brief In Excess of Fifteen Pages (Unopposed) (Attachments: #1 Exhibit A, #2 Exhibit B)(Saper, Adam)
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Filing 16
ATTORNEY Appearance for Plaintiff ATC Healthcare Services, Inc. by Brian W. Coffman (Coffman, Brian)
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Filing 15
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by Cynthia Barnes Harris (Harris, Cynthia)
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Filing 14
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by Charles Thomas Little (Little, Charles)
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Filing 13
MINUTE entry before the Honorable Edmond E. Chang: Defendant Board's extension motion #5 to answer or respond to the complaint is granted to 11/06/2015. Defendant RCM's extension motion #7 is also granted, though it might as well be granted to 11/06/2015 too. The status hearing of 10/26/2015 is reset to 11/12/2015 at 9:45 a.m., with the initial status report, R. 3, due on 11/06/2015.Emailed notice (slb, )
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Filing 12
ATTORNEY Appearance for Defendant RCM Technologies, Inc. by Richard B. Polony (Polony, Richard)
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Filing 11
ATTORNEY Appearance for Defendant RCM Technologies, Inc. by Daniel Keenan Ryan (Ryan, Daniel)
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Filing 10
ATTORNEY Appearance for Defendant RCM Technologies, Inc. by Adam L. Saper (Saper, Adam)
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Filing 9
JURY Demand (Saper, Adam)
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Filing 8
NOTICE of Motion by Adam L. Saper for presentment of motion for extension of time to file answer #7 before Honorable Edmond E. Chang on 10/13/2015 at 08:30 AM. (Saper, Adam)
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Filing 7
MOTION by Defendant RCM Technologies, Inc. for extension of time to file answer (Unopposed) (Saper, Adam)
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Filing 6
NOTICE of Motion by Sunil Kumar for presentment of before Honorable Edmond E. Chang on 10/13/2015 at 08:30 AM. (Kumar, Sunil)
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Filing 5
MOTION by Defendant The Board of Education of the City of Chicago for extension of time to file answer regarding complaint, #1 or Other Responsive Pleadings and to Re-set Status Hearing (Attachments: #1 Exhibit 1 - 5)(Kumar, Sunil)
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Filing 4
ATTORNEY Appearance for Defendant The Board of Education of the City of Chicago by Sunil Kumar (Kumar, Sunil)
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Filing 3
MINUTE entry before the Honorable Edmond E. Chang: Status hearing set for 10/26/2015 at 9:15 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Additionally, the parties must read Judge Chang's Case Management Procedures on the Court's website; those Procedures are considered standing orders in this case. Judge Chang's Case Management Procedures were revised in December 2014. Emailed notice(slb, )
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SUMMONS Issued as to Defendants RCM Technologies, Inc., The Board of Education of the City of Chicago (pg, )
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Filing 2
CIVIL Cover Sheet (Northcutt, Lance)
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Mary M. Rowland. (daj, )
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Filing 1
COMPLAINT filed by ATC Healthcare Services, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-11076045. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5)(Northcutt, Lance)
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