IPOX Schuster, LLC v. Lazard Asset Management, LLC et al
| IPOX Schuster, LLC |
| Lazard Asset Management, LLC, Nikko Asset Management Co., Ltd. and Lazard Japan Asset Management K.K. |
| 1:2015cv09955 |
| November 4, 2015 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Matthew F Kennelly |
| Other Fraud |
| 28 U.S.C. § 1331 Fed. Question: Trademark |
| Both |
Docket Report
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This docket was last retrieved on March 21, 2018. A more recent docket listing may be available from PACER.
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Filing 272
MAILED Trademark report and certified closing order to Patent Trademark Office, Alexandria VA (Attachments: #1 Closing Order) (mc, )
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Filing 271
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the parties' stipulation, all claims in this case are dismissed with prejudice and without costs. All pending motions are terminated #216 #218 #221 #242 #246 #247 . The final pretrial conference date of 3/22/2018 and the trial date of 3/26/2018 are vacated. Civil case terminated. Mailed notice. (pjg, )
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Filing 270
STIPULATION of dismissal with prejudice (Arger, Harry). (Docket text modified by the Clerk's Office) Modified on 3/21/2018 (mc, ).
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Filing 269
MINUTE entry before the Honorable Matthew F. Kennelly: As previously ordered, the final pretrial conference isi set for 3/22/2018 at 3:30 PM. (mk)
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Filing 268
MINUTE entry before the Honorable Matthew F. Kennelly: The parties' agreed motion to seal document #266 is granted in part. Exhibits G, H, I, R, and S to the final pretrial order may be filed under seal. The Court declines to permit the final pretrial order in its entirety to be filed under seal. A revised redacted version is to be filed by 3/21/2018. (mk)
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Filing 267
NOTICE of Motion by Melanie Jeanne Chico for presentment of motion to seal document #266 before Honorable Matthew F. Kennelly on 3/20/2018 at 09:30 AM. (Chico, Melanie)
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Filing 266
MOTION by Plaintiff IPOX Schuster, LLC to seal document sealed document,,,, #263 Proposed Pretrial Order (Chico, Melanie)
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Filing 265
PROPOSED Pretrial Order (Redacted) (Attachments: #1 Exhibit A - Plaintiff's Witness List, #2 Exhibit B - Lazard Defendants' Witness List, #3 Exhibit C - Nikko's Witness List, #4 Exhibit D - Plaintiff's Deposition Designations, #5 Exhibit E - Defendants' Joint Deposition Designations, #6 Exhibit F - Nikko's Deposition Designations, #7 Exhibit G - Plaintiff's Exhibit List (Under Seal), #8 Exhibit H - Lazard Defendants' Exhibit List (Under Seal), #9 Exhibit I - Nikko's Exhibit List (Under Seal), #10 Exhibit J - Agreed Voir Dire Questions, #11 Exhibit K - Plaintiff's Voir Dire Questions, #12 Exhibit L - Defendants' Voir Dire Questions, #13 Exhibit M - Agreed Jury Instructions, #14 Exhibit N - Plaintiff's Jury Instructions, #15 Exhibit O - Defendants' Jury Instructions, #16 Exhibit P - Plaintiff's Verdict Form, #17 Exhibit Q - Defendants' Verdict Form, #18 Exhibit R - Lazard Defendants' Rule 56(g) Request (Redacted), #19 Exhibit S - Nikko's Rule 56(g) Request (Redacted))(Chico, Melanie)
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Filing 264
SEALED DOCUMENT by Plaintiff IPOX Schuster, LLC Exhibit D to Proposed Pretrial Order (Plaintiff's Deposition Designations) (Chico, Melanie)
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Filing 263
SEALED DOCUMENT by Plaintiff IPOX Schuster, LLC Proposed Pretrial Order (Attachments: #1 Exhibit A - Plaintiff's Witness List, #2 Exhibit B - Lazard Defendants' Witness List, #3 Exhibit C - Nikko's Witness List, #4 Exhibit E - Defendants' Joint Deposition Designations, #5 Exhibit F - Nikko's Deposition Designations, #6 Exhibit G - Plaintiff's Exhibit List, #7 Exhibit H - Lazard Defendants' Exhibit List, #8 Exhibit I - Nikko's Exhibit List, #9 Exhibit J - Agreed Voir Dire Questions, #10 Exhibit K - Plaintiff's Voir Dire Questions, #11 Exhibit L - Defendants' Voir Dire Questions, #12 Exhibit M - Agreed Jury Instructions, #13 Exhibit N - Plaintiff's Jury Instructions, #14 Exhibit O - Defendants' Jury Instructions, #15 Exhibit P - Plaintiff's Verdict Form, #16 Exhibit Q - Defendants' Verdict Form, #17 Exhibit R - Lazard Defendants' Rule 56(g) Request, #18 Exhibit Nikko's Rule 56(g) Request)(Chico, Melanie)
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Filing 262
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone conference set for 3/9/2018 at 1:00 p.m. Counsel are to jointly contact chambers at (312) 435-5618. (pjg, )
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Filing 261
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' joint motion to seal documents filed in opposition to plaintiff's motions in limine is granted. A redacted version of defendants' submission is to be filed in the public record. The required chambers copy is to be a complete copy of the under-seal version. (mk)
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Filing 260
SEALED DOCUMENT by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. Defendants' Joint Memorandum of Law in Opposition to Plaintiff's Motions in Limine (Attachments: #1 Declaration of David J Ranzenhofer in Opposition to Plaintiffs Motions in Limine, #2 Exhibit 1 - 22, #3 Exhibit 23 - 26, #4 Exhibit 27 - 33, #5 Exhibit 34 - 51)(Beaumont, Anne)
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Filing 259
JOINT NOTICE of Motion by Anne E. Beaumont for presentment of motion to seal #258 before Honorable Matthew F. Kennelly on 3/7/2018 at 09:30 AM. (Beaumont, Anne)
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Filing 258
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. to seal Documents Filed in Opposition to Plaintiff's Motions in Limine (By All Defendants) (Beaumont, Anne)
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Filing 257
MEMORANDUM by Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. in Opposition to motion in limine, #246 by all defendants (Attachments: #1 Declaration of David J Ranzenhofer in Opposition to Plaintiffs Motions in Limine, #2 Exhibit 1 - 8, #3 Exhibit 9 - 13 [Redacted], #4 Exhibit 14 - 17, #5 Exhibit 18 [Redacted], #6 Exhibit 19 - 20, #7 Exhibit 21 [Redacted], #8 Exhibit 22, #9 Exhibit 23 - 51 [Redacted])(Beaumont, Anne)
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Filing 256
SEALED RESPONSE by IPOX Schuster, LLC to MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd.in limine Defendants' Joint Motions In Limine #242 (Attachments: #1 Exhibit A)(Chico, Melanie)
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Filing 255
RESPONSE by IPOX Schuster, LLCin Opposition to MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd.in limine Defendants' Joint Motions In Limine #242 (Redacted) (Attachments: #1 Exhibit A)(Chico, Melanie)
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Filing 254
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's unopposed motion for leave to file response brief in excess of 15 pages is granted. (mk)
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Filing 253
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 2/28/2018 with attorneys for all parties. The Court will set a further status hearing, if necessary, once it rules on the pending personal jurisdiction motions. Mailed notice. (pjg, )
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Filing 252
NOTICE of Motion by Melanie Jeanne Chico for presentment of Sealed motion #251 , motion for leave to file excess pages #250 before Honorable Matthew F. Kennelly on 3/7/2018 at 09:30 AM. (Chico, Melanie)
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Filing 251
SEALED MOTION by Plaintiff IPOX Schuster, LLC for leave to file excess pages (Attachments: #1 Exhibit A (Response to Defendants' Motion to Exclude Experts and Exhibits 1-5))(Chico, Melanie)
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Filing 250
MOTION by Plaintiff IPOX Schuster, LLC for leave to file excess pages (Attachments: #1 Exhibit A (Redacted Response to Defendants' Motion to Exclude Experts and Exhibits 1-5))(Chico, Melanie)
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Filing 249
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion to seal documents filed in support of their joint motions in limine is granted. A redacted version is to be filed in the public record. The required chambers copy must be a complete and intact copy of the sealed version. (mk)
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Filing 248
Statement of Conference Re: Joint Motions in Limine STATEMENT by Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. (Beaumont, Anne)
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Filing 247
SEALED MOTION by Plaintiff IPOX Schuster, LLC In Limine (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Chico, Melanie)
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Filing 246
MOTION by Plaintiff IPOX Schuster, LLCin limine (Redacted) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Chico, Melanie) (Additional attachment(s) added on 2/26/2018: #6 Exhibit Exhibit F) (pjg, ).
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Filing 245
SEALED DOCUMENT by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. Defendants' Joint Motions In Limine (Attachments: #1 Memorandum of Law in Support of Defendants' Joint Motions In Limine, #2 Declaration of David J. Ranzenhofer in Support of Defendants' Joint Motions In Limine, #3 Exhibits A- K-7, #4 Exhibits K-8 - K-30, #5 Exhibits K-31 - L-8, #6 Exhibits M-N, #7 Exhibits O-P, #8 Exhibits Q-U, #9 Exhibits V-1 - W)(Beaumont, Anne)
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Filing 244
NOTICE of Motion by Anne E. Beaumont for presentment of motion to seal document, #243 before Honorable Matthew F. Kennelly on 2/28/2018 at 09:30 AM. (Beaumont, Anne)
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Filing 243
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. to seal document MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd.in limine Defendants' Joint Motions In Limine #242 (Beaumont, Anne)
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Filing 242
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd.in limine Defendants' Joint Motions In Limine (Attachments: #1 Memorandum of Law in Support of Defendants' Joint Motions In Limine [REDACTED], #2 Declaration of David J. Ranzenhofer in Support of Defendants' Joint Motions In Limine, #3 Exhibit A [REDACTED], #4 Exhibits B-D, #5 Exhibits E-G [REDACTED], #6 Exhibits H-J, #7 Exhibits K-W [REDACTED])(Beaumont, Anne)
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Filing 241
MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 2/22/2018 with attorneys for all parties. The trial date of 3/19/2018 is reset to 3/26/2018 at 9:45 a.m. The final pretrial conference date of 3/9/2018 is vacated and reset to 3/22/2018 at 3:30 p.m. The final pretrial order due date is reset to 3/9/2018. Motions in limine and responses remain on the previous schedule. Each side's motions in limine and Daubert motions may total 30 pages. Mailed notice. (pjg, )
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Filing 240
MINUTE entry before the Honorable Matthew F. Kennelly: The Lazard defendants' unopposed motion for leave to file to file #235 is granted. The reply is to be filed under seal, and a complete and intact copy is to be delivered to Judge Kennelly's chambers (Room 2188), by 2:00 pm today. (mk)
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Filing 239
REPLY by Nikko Asset Management Co., Ltd. to MOTION by Defendant Nikko Asset Management Co., Ltd. for reconsideration regarding order on motion for reconsideration,,,,,,,,,,,,,,,,,,,,, order on motion to seal document,,,,,,, terminate motions,,,,,,, terminate hearings,,,,,, #205 , memorandum o #216 (Filardo, Vincent)
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Filing 238
CERTIFICATE of Service by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. regarding notice of motion #236 , MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for leave to file Reply in Further Support of Motion for Judgment on the Pleadings Instanter and to Seal Such Filings #235 , sealed document, #237 (Ranzenhofer, David)
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Filing 237
SEALED DOCUMENT by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. Lazard's Unopposed Motion for Leave to File Reply in Further Support of Motion for Judgment on the Pleadings Instanter and to Seal Such Filings (Attachments: #1 Lazard's Reply Memorandum of Law in Further Support of Motion for Judgment on the Pleadings, #2 Declaration of Anne E. Beaumont, #3 Exhibit A)(Beaumont, Anne)
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Filing 236
NOTICE of Motion by Anne E. Beaumont for presentment of motion for leave to file, #235 before Honorable Matthew F. Kennelly on 2/27/2018 at 09:30 AM. (Beaumont, Anne)
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Filing 235
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for leave to file Reply in Further Support of Motion for Judgment on the Pleadings Instanter and to Seal Such Filings (Attachments: #1 Lazard's Reply Memorandum of Law in Further Support of Motion for Judgment on the Pleadings [REDACTED], #2 Declaration of Anne E. Beaumont, #3 Exhibit A [REDACTED])(Beaumont, Anne)
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Filing 234
MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion for leave to file combined response memorandum in excess of 15 pages is granted. (mk)
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Filing 233
NOTICE of Motion by Melanie Jeanne Chico for presentment of motion for leave to file excess pages #231 , Sealed motion #232 before Honorable Matthew F. Kennelly on 2/22/2018 at 09:30 AM. (Chico, Melanie)
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Filing 232
SEALED MOTION by Plaintiff IPOX Schuster, LLC to file brief in excess of fifteen pages in response to Defendants' personal jurisdiction motions (Attachments: #1 Exhibit A)(Chico, Melanie)
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Filing 231
MOTION by Plaintiff IPOX Schuster, LLC for leave to file excess pages in response to Defendants' personal jurisdiction motions (Attachments: #1 Exhibit A)(Chico, Melanie)
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Filing 230
TRANSCRIPT OF PROCEEDINGS held on February 8, 2018 before the Honorable Matthew F. Kennelly. Order Number: 29894. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@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 3/6/2018. Redacted Transcript Deadline set for 3/16/2018. Release of Transcript Restriction set for 5/14/2018. (Cox, Carolyn)
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Filing 229
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing set for 2/22/2018 at 8:15 AM. (mk)
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Filing 228
MINUTE entry before the Honorable Matthew F. Kennelly: The Lazard defendants' show cause submission is taken under advisement. Plaintiff is directed to respond to the Larard defendants' motion for judgment on the pleadings together with its response to Nikko's motion for reconsideration. The due date is extended to 2/16/2018. The case is set for a status hearing on 2/22/2018 at 8:15 AM. (mk)
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Filing 227
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion to seal #223 is granted. A redacted version of defendants' motion to exclude experts is to be filed in the public record unless defendants have already done so. The required chambers copy of defendants' motion to exclude and supporting materials must be a complete and intact copy of the under-seal version. The hearing date of 2/14/2018 is vacated. As the Court indicated to counsel during the 12/21/2018 status hearing, the Court is deferring consideration of defendants' motion to exclude to and will deal with it at the same time and manner as the parties' other motions in limine. Plaintiff is directed to respond to the motion to exclude by 2/27/2018. (mk)
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Filing 226
RESPONSE to Order to Show Cause to motion hearing, terminate deadlines and hearings, set deadlines/hearings, set motion and R&R deadlines/hearings,,,, #220 (Beaumont, Anne)
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Filing 225
SEALED DOCUMENT by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. Defendants' Joint Motion to Exclude Plaintiff's Proposed Experts (Attachments: #1 Memorandum of Law in Support of Defendants' Joint Motion to Exclude Plaintiff's Proposed Experts, #2 Declaration of David J. Ranzenhofer in Support of Defendants' Joint Motion to Exclude Plaintiff's Proposed Experts, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibits 3-7, #6 Exhibit 8, #7 Exhibits 9-11, #8 Exhibits 12-13, #9 Exhibits 14-16, #10 Exhibit 17, #11 Exhibits 18-36)(Beaumont, Anne)
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Filing 224
NOTICE of Motion by Anne E. Beaumont for presentment of motion to seal document, #223 before Honorable Matthew F. Kennelly on 2/14/2018 at 09:30 AM. (Beaumont, Anne)
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Filing 223
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. to seal document MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. Defendants' Joint Motion to Exclude Plaintiff's Proposed Experts [REDACTED] #221 (Beaumont, Anne)
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Filing 222
NOTICE of Motion by Anne E. Beaumont for presentment of motion for miscellaneous relief,, #221 before Honorable Matthew F. Kennelly on 2/14/2018 at 09:30 AM. (Beaumont, Anne)
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Filing 221
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K., Nikko Asset Management Co., Ltd. Defendants' Joint Motion to Exclude Plaintiff's Proposed Experts [REDACTED] (Attachments: #1 Memorandum of Law in Support of Defendants' Joint Motion to Exclude Plaintiff's Proposed Experts [REDACTED], #2 Declaration of David J. Ranzenhofer in Support of Defendants' Joint Motion to Exclude Plaintiff's Proposed Experts [REDACTED], #3 Exhibits 1-4 [REDACTED], #4 Exhibit 5, #5 Exhibits 6-19 [REDACTED], #6 Exhibit 20, #7 Exhibits 21-36 [REDACTED])(Beaumont, Anne)
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Filing 220
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 2/8/2018. Response to motion for reconsideration #216 due by 2/15/2018; reply by 2/20/2018. Defendant Lazard is ordered to show cause in writing by 2/12/2018 why their motion for judgment on the pleadings #218 should not be denied. Mailed notice. (pjg, )
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Filing 219
NOTICE of Motion by Anne E. Beaumont for presentment of motion for judgment on the pleadings #218 before Honorable Matthew F. Kennelly on 2/8/2018 at 09:30 AM. (Beaumont, Anne)
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Filing 218
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for judgment on the pleadings (Beaumont, Anne)
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Filing 217
NOTICE of Motion by Vincent Filardo, Junio for presentment of motion for reconsideration, #216 before Honorable Matthew F. Kennelly on 2/8/2018 at 09:30 AM. (Filardo, Vincent)
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Filing 216
MOTION by Defendant Nikko Asset Management Co., Ltd. for reconsideration regarding order on motion for reconsideration,,,,,,,,,,,,,,,,,,,,, order on motion to seal document,,,,,,, terminate motions,,,,,,, terminate hearings,,,,,, #205 , memorandum opinion and order,,,, #206 (Filardo, Vincent)
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Filing 215
MINUTE entry before the Honorable Matthew F. Kennelly: Application of Eric Seiler to appear pro hac vice is granted. (mk)
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Filing 214
MINUTE entry before the Honorable Matthew F. Kennelly: Application of Eric Seiler to appear pro hac vice #212 is granted. (mk)
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Filing 213
NOTICE of Motion by Brendan J. Healey for presentment of motion to appear pro hac vice #212 before Honorable Matthew F. Kennelly on 2/6/2018 at 09:30 AM. (Healey, Brendan)
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Filing 212
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14063422. (Seiler, Eric)
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Filing 211
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 1/24/2018 with attorneys for all parties. The Court advised that it will allocate 6 days for the trial in this case. Telephone status hearing, to be initiated by the parties, is set for 2/28/2018 at 8:30 a.m. Mailed notice. (pjg, )
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Filing 210
MINUTE entry before the Honorable Matthew F. Kennelly: Docket entry 197-1 is being placed under seal and the motion to remove or replace it #207 is terminated as moot. Mailed notice. (pjg, )
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Filing 209
MINUTE entry before the Honorable Matthew F. Kennelly: The Clerk is directed to place document no. 197-1 under seal. Mailed notice. (pjg, )
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Filing 208
NOTICE of Motion by Nicholas Sean Graber for presentment of motion to amend/correct #207 before Honorable Matthew F. Kennelly on 1/24/2018 at 09:30 AM. (Graber, Nicholas)
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Filing 207
MOTION by Defendant Nikko Asset Management Co., Ltd. to amend/correct remove/replace Docket Entry Number 197, Ex. A (Graber, Nicholas)
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Filing 206
REVISED MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 1/20/2018: The Court's previously issued memorandum opinion and order, reported at 2017 WL 6625987 (Dec. 28, 2017), is vacated. For the reasons stated above, the Court grants defendants' motions for summary judgment in part and denies them in part [dkt. nos. 141, 143]. Summary judgment is granted in favor of both defendants on Counts 1, 5, 6, 8, 9, 10, 11, 13, and 14 of plaintiff's amended complaint. With regard to Count 2, the Court grants summary judgment to the defendants to the extent the claim is based on information IPOX has publicly released as identified in this decision, but otherwise denies the motion. With regard to Count 3, the Court holds that both defendants are entitled to summary judgment on this claim to the extent it involves marketing activities that occurred in Japan regarding Nikko's website, but not otherwise. The Court otherwise denies the defendants' motions. The Court also denies IPOX's motion for summary judgment regarding the defendants' affirmative defenses [dkt. no. 147]. (mk)
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Filing 205
MINUTE entry before the Honorable Matthew F. Kennelly: The Nikko defendants' motion to file under seal is granted. In addition, each party has filed a motion challenging or seeking clarification of aspects of the Court's summary judgment ruling. Defendant Nikko Asset Management Co.'s has moved to renew and consider its motion for summary judgment for lack of personal jurisdiction. The Court has considered the request for summary judgment based on alleged lack of personal jurisdiction and denies it. Defendants Lazard Management LLC and Lazard Japan Asset Management K.K. have moved for reconsideration or clarification of the Court's ruling denying summary judgment on plaintiff's fraud claim. The Court denies the Lazard defendants' request for reconsideration, which concerns a point relating to damages, but agrees that the ruling on the fraud claim requires clarification and therefore grants that aspect of the Lazard defendants' motion. Plaintiff IPOX Schuster LLC has moved for clarification of the Court's ruling on IPOX's trademark infringement claims. The Court agrees that the ruling requires clarification and therefore grants plaintiff's motion. The Court is issuing, in conjunction with this order, a revised memorandum opinion and order that addresses the points raised by the parties in their motions and also makes other corrections. The previously issued memorandum opinion and order, issued on 12/28/2017, is vacated [dkt. no. 182]. (mk)
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Filing 204
SEALED RESPONSE by IPOX Schuster, LLC to MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for reconsideration [REDACTED] #189 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Chico, Melanie)
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Filing 203
SEALED RESPONSE by IPOX Schuster, LLC to MOTION by Defendant Nikko Asset Management Co., Ltd. for reconsideration #192 (Chico, Melanie)
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Filing 202
RESPONSE by IPOX Schuster, LLCin Opposition to MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for reconsideration [REDACTED] #189 (Redacted) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Chico, Melanie)
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Filing 201
RESPONSE by IPOX Schuster, LLCin Opposition to MOTION by Defendant Nikko Asset Management Co., Ltd. for reconsideration #192 (Redacted) (Chico, Melanie)
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Filing 200
ATTORNEY Appearance for Plaintiff IPOX Schuster, LLC by Matthew T Hays (Hays, Matthew)
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Filing 199
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephone status hearing set for 1/24/2018 is moved to 9:15 AM on that date. (mk)
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Filing 198
NOTICE of Motion by Vincent Filardo, Junio for presentment of motion to seal document #197 before Honorable Matthew F. Kennelly on 1/24/2018 at 09:30 AM. (Filardo, Vincent)
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Filing 197
MOTION by Defendant Nikko Asset Management Co., Ltd. to seal document response in opposition to motion, #194 (Attachments: #1 Exhibit A)(Filardo, Vincent)
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Filing 196
WITNESS List by IPOX Schuster, LLC (Chico, Melanie)
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Filing 195
RESPONSE by Lazard Asset Management, LLC, Lazard Japan Asset Management K.K.in Opposition to MOTION by Plaintiff IPOX Schuster, LLC for reconsideration regarding order on motion for summary judgment,,, memorandum opinion and order, terminate motions, set/reset hearings, terminate hearings,,,,,,,,,,,,,,,,,,,,, #182 Motion to Clarify an #185 (Beaumont, Anne)
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Filing 194
RESPONSE by Nikko Asset Management Co., Ltd.in Opposition to MOTION by Plaintiff IPOX Schuster, LLC for reconsideration regarding order on motion for summary judgment,,, memorandum opinion and order, terminate motions, set/reset hearings, terminate hearings,,,,,,,,,,,,,,,,,,,,, #182 Motion to Clarify an #185 (Filardo, Vincent)
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Filing 193
NOTICE of Motion by Vincent Filardo, Junio for presentment of motion for reconsideration #192 before Honorable Matthew F. Kennelly on 1/24/2018 at 09:30 AM. (Filardo, Vincent)
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Filing 192
MOTION by Defendant Nikko Asset Management Co., Ltd. for reconsideration (Filardo, Vincent)
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Filing 191
NOTICE of Motion by Anne E. Beaumont for presentment of motion for reconsideration #189 before Honorable Matthew F. Kennelly on 1/24/2018 at 09:30 AM. (Beaumont, Anne)
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Filing 190
SEALED DOCUMENT by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. (Beaumont, Anne)
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Filing 189
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for reconsideration [REDACTED] (Beaumont, Anne)
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Filing 188
SEALED DOCUMENT by Plaintiff IPOX Schuster, LLC Memorandum in Support of its Motion to Clarify and Amend the Summary Judgment Order (Chico, Melanie)
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Filing 187
MEMORANDUM by IPOX Schuster, LLC in support of motion for reconsideration, #185 (REDACTED) Memorandum In Support of Its Motion to Clarify and Amend (Chico, Melanie)
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Filing 186
NOTICE of Motion by Melanie Jeanne Chico for presentment of motion for reconsideration, #185 before Honorable Matthew F. Kennelly on 1/24/2018 at 09:30 AM. (Chico, Melanie)
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Filing 185
MOTION by Plaintiff IPOX Schuster, LLC for reconsideration regarding order on motion for summary judgment,,, memorandum opinion and order, terminate motions, set/reset hearings, terminate hearings,,,,,,,,,,,,,,,,,,,,, #182 Motion to Clarify and Amend (Chico, Melanie)
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Filing 184
MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 1/4/2018 with attorneys for all parties. The Court discussed the advisability of settlement with each side separately. Telephone status hearing, to be initiated by the parties, is set for 1/24/2018 at 8:30 a.m. List of trial witnesses and a trial length estimate is to be filed by 1/18/2018. Mailed notice. (pjg, )
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Filing 183
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 1/4/2018 is advanced to 8:15 AM. It will be held in chambers (Room 2188). (mk)
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Filing 182
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 12/28/2017: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants defendants' motions for summary judgment in part and denies them in part [dkt. nos. 141, 143]. Summary judgment is granted in favor of both defendants on counts 1, 5, 6, 8, 9, 10, 11, 13, and 14 of plaintiff's amended complaint. With regard to count 3, the Courts grants summary judgment in favor of Nikko but declines to enter summary judgment in favor of Lazard. The Court otherwise denies the defendants' motions. The Court also denies IPOX's motion for summary judgment regarding the defendants' affirmative defenses [dkt. no. 147]. The case is set for a status hearing on January 4, 2018 at 9:30 a.m. to discuss the possibility of settlement. (mk))
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Filing 181
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 12/21/2017 with attorneys for all parties. The trial date of 2/20/2018 is vacated and reset to 3/19/2018 at 9:45 a.m. The trial may end up starting later during the week of 3/19/2018. Status hearing is continued to 1/31/2018 at 9:00 a.m. This will be an in-person status hearing. The final pretrial order is to be filed by 3/5/2018. The final pretrial conference set for 3/9/2018 at 3:00 p.m. Mailed notice. (pjg, )
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Filing 180
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for a telephone status conference #177 is granted. The Court cannot accommodate a status conference on 12/19/2017 or 12/20/2017 but sets the case for a telephone status conference on 12/21/2017 at 8:30 AM. Counsel are directed to set a call-in number and are to provide it to Judge Kennelly's chambers by noon on 12/20/2017. (mk)
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Filing 179
RESPONSE by IPOX Schuster, LLC to MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for a Telephonic Status Conference #177 (Chico, Melanie)
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Filing 178
NOTICE of Motion by Anne E. Beaumont for presentment of motion for miscellaneous relief #177 before Honorable Matthew F. Kennelly on 12/20/2017 at 09:30 AM. (Beaumont, Anne)
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Filing 177
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for a Telephonic Status Conference (Beaumont, Anne)
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Filing 176
ATTORNEY Appearance for Plaintiff IPOX Schuster, LLC by Melanie Jeanne Chico (Chico, Melanie)
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Filing 175
REPLY by IPOX Schuster, LLC to MOTION by Plaintiff IPOX Schuster, LLC for summary judgment (Plaintiff IPOX's Cross Motion for Summary Judgment) #147 (Weil, Edward)
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Filing 174
SEALED REPLY by IPOX Schuster, LLC to MOTION by Plaintiff IPOX Schuster, LLC for summary judgment (Plaintiff IPOX's Cross Motion for Summary Judgment) #147 (Weil, Edward)
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Filing 173
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to withdraw the appearance of Aaron D. Charfoos as attorney #170 is granted. (mk)
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Filing 172
ATTORNEY Appearance for Plaintiff IPOX Schuster, LLC by Harry N. Arger (Arger, Harry)
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Filing 171
NOTICE of Motion by Aaron Daniel Charfoos for presentment of motion to withdraw as attorney #170 before Honorable Matthew F. Kennelly on 11/28/2017 at 09:30 AM. (Charfoos, Aaron)
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Filing 170
MOTION by Attorney Aaron D. Charfoos to withdraw as attorney for IPOX Schuster, LLC. No party information provided (Charfoos, Aaron)
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Filing 169
REPLY by Defendant Nikko Asset Management Co., Ltd. to motion for summary judgment #141 REDACTED NIKKO'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT (Attachments: #1 REDACTED Nikko Reply Statement Pursuant to Local Rule 56.1(a),, #2 Declaration Declaration of Lana Milojevic, #3 Exhibit A-B REDACTED)(Filardo, Vincent)
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Filing 168
REPLY by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. to motion for summary judgment #143 Reply Memorandum of Law in Further Support of Lazard's Motion for Summary Judgment and in Opposition to IPOX's Cross-Motion for Summary Judgment (Redacted) (Attachments: #1 Lazard's Reply Statement Pursuant to Local Rule 56.1(a) (Redacted), #2 Declaration of Anne E. Beaumont (Redacted), #3 Exhibits 144-160 to Beaumont Declaration (Redacted), #4 Declaration of Adam Lew, #5 Exhibit A to Lew Declaration (Redacted), #6 Declaration of Daniel H. Barnaby, #7 Exhibit A to Barnaby Declaration (Redacted), #8 Declaration of Gerald B. Mazzari, #9 Declaration of Kyle Waldhauer (Redacted), #10 Exhibits A-J to Waldhauer Declaration (Redacted), #11 Declaration of Dr. Charles D. Cowan (Redacted))(Beaumont, Anne)
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Filing 167
SEALED REPLY by Nikko Asset Management Co., Ltd. to MOTION by Defendant Nikko Asset Management Co., Ltd. for summary judgment #141 NIKKO'S REPLY MEMORANDUM OF LAW IN FURTHER SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT (Attachments: #1 Nikko Reply Statement Pursuant to Local Rule 56.1(a), #2 Declaration of Lana Milojevic, #3 Exhibit A, #4 Exhibit B)(Filardo, Vincent)
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Filing 166
SEALED DOCUMENT by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. Reply Memorandum of Law in Further Support of Lazard's Motion for Summary Judgment and in Opposition to IPOX's Cross-Motion for Summary Judgment (Attachments: #1 Lazard's Reply Statement Pursuant to Local Rule 56.1(a), #2 Declaration of Anne E. Beaumont, #3 Exhibit 144-160, #4 Declaration of Adam Lew, #5 Exhibit A, #6 Declaration of Daniel H. Barnaby, #7 Exhibit A, #8 Declaration of Gerald B. Mazzari, #9 Declaration of Kyle Waldhauer, #10 Exhibit A-J, #11 Declaration of Dr. Charles D. Cowan)(Beaumont, Anne)
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Filing 165
REQUEST for Clerk of Court to refund filing fee in the amount of $50.00, receipt no. 0752-13691557, (Huber, Michael)
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Filing 164
ATTORNEY Appearance for Defendant Nikko Asset Management Co., Ltd. by Nicholas Sean Graber (Graber, Nicholas)
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Filing 163
NOTICE of Correction #162 (mc, )
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Filing 162
INCORRECT PDF DOCUMENT WAS LINKED. (Huber, Michael) Modified on 10/25/2017 (mc, ). (Docket text modified by the Clerk's Office),
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Filing 161
MINUTE entry before the Honorable Matthew F. Kennelly: The application of Lana Milojevic to appear pro hac vice is granted. (mk)
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Filing 160
NOTICE of Motion by Lana Milojevic for presentment of motion to appear pro hac vice #159 before Honorable Matthew F. Kennelly on 10/31/2017 at 09:30 AM. (Milojevic, Lana)
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Filing 159
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13710422. (Milojevic, Lana)
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Filing 158
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Nikko Asset Management's motion to withdraw the appearance of Kelly Milam as attorney #156 is granted. (mk)
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Filing 157
NOTICE of Motion by Kelly Virginia Milam for presentment of motion to withdraw as attorney #156 before Honorable Matthew F. Kennelly on 10/24/2017 at 09:30 AM. (Milam, Kelly)
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Filing 156
MOTION by Attorney Kelly V. Milam to withdraw as attorney for Nikko Asset Management Co., Ltd.. No party information provided (Milam, Kelly)
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Filing 155
Notice of Motion for Leave to Appear Pro Hac Vice of Lana Milojevic NOTICE of Motion by Michael Denny Huber for presentment of (Huber, Michael)
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Filing 154
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13691557. (Huber, Michael)
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Filing 153
MEMORANDUM by IPOX Schuster, LLC in Opposition to motion for summary judgment #147 Plaintiff's Memorandum of Law in Opposition to Defendants' Motions for Summary Judgment and Cross Motion for Summary Judgment (Agreed Redactions) (Attachments: #1 Plaintiff's Responses to Defendants' Local Rule 56.1 Statements (Agreed Redactions))(Charfoos, Aaron)
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Filing 152
MINUTE entry before the Honorable Matthew F. Kennelly: Agreed motion to amend #150 is granted. Document 149 will be maintained under seal. Plaintiff is to file the agreed upon redacted version in the public record. (mk)
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Filing 151
NOTICE of Motion by Aaron Daniel Charfoos for presentment of motion to amend/correct #150 before Honorable Matthew F. Kennelly on 10/10/2017 at 09:30 AM. (Charfoos, Aaron)
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Filing 150
MOTION by Plaintiff IPOX Schuster, LLC to amend/correct Dkt. #149 (Agreed) (Charfoos, Aaron)
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Filing 149
MEMORANDUM by IPOX Schuster, LLC in Opposition to motion for summary judgment #147 Plaintiff's Memorandum of Law in Opposition to Defendants' Motions for Summary Judgment and Cross Motion for Summary Judgment (REDACTED) (Attachments: #1 Plaintiff's Responses to Defendant's Local Rule 56.1 Statements (REDACTED), #2 Declaration of Aaron Charfoos in Support of Plaintiff's Memorandum in Opposition to Defendant's Motion forf Summary Judgment and i Support of Plaintiff's Cross-Motion for Summary Judgment, #3 Exhibit 1-254 to Charfoos Declaration (REDACTED), #4 Declaration of Dr. Josef Schuster in Support of Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment (REDACTED), #5 Declaration of Dr. Mary Lee in Support of Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment (REDACTED), #6 Declaration of Dr. Keith Black in Support of Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment (REDACTED), #7 Declaration of David Duski in Support of Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment (REDACTED))(Charfoos, Aaron)
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Filing 148
SEALED RESPONSE by IPOX Schuster, LLC to sealed document,,,,,,,,,,,, #142 , sealed document,,,,,, #144 Plaintiff's Memorandum of Law in Opposition to Defendants' Motions for Summary Judgment and Cross Motion for Summary Judgment (Attachments: #1 Plaintiff's Responses to Defendants' Local Rule 56.1 Statements, #2 Declaration of Aaron Charfoos in Support of Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motioon for Summary Judgment, #3 Exhibit 1-25 to Charfoos Declaration, #4 Exhibit 26-50 to Charfoos Declaration, #5 Exhibit 51-75 to Charfoos Declaration, #6 Exhibit 76-100 to Charfoos Declaration, #7 Exhibit 101-118 to Charfoos Declaration, #8 Exhibit 119-139 to Charfoos Declaration, #9 Exhibit 140-149 to Charfoos Declaration, #10 Exhibit 150-165 to Charfoos Declaration, #11 Exhibit 166-188 to Charfoos Declaration, #12 Exhibit 189-229 to Charfoos Declaration, #13 Exhibit 230-238 to Charfoos Declaration, #14 Exhibit 239-254 to Charfoos Declaration, #15 Declaration of Dr. Josef Schuster in Support of Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment, #16 Declaration of Dr. Mary Lee in Support of Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment, #17 Declaration of Dr. Keith Black in Support of Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment, #18 Declaration of David Duski in Support of Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment)(Charfoos, Aaron)
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Filing 147
MOTION by Plaintiff IPOX Schuster, LLC for summary judgment (Plaintiff IPOX's Cross Motion for Summary Judgment) (Charfoos, Aaron)
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Filing 146
MEMORANDUM by Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. in support of motion for summary judgment #143 (REDACTED) (Attachments: #1 Lazard's Statement Pursuant to Local Rule 56.1(a)(3) (REDACTED), #2 Declaration of Anne E. Beaumont in Support of Lazard's Motion for Summary Judgment (REDACTED), #3 Exhibit 1-143 to Beaumont Declaration (REDACTED), #4 Declaration of Gerald B. Mazzari in Support of Lazard's Motion for Summary Judgment, #5 Exhibit A-P to Mazzari Declaration (REDACTED), #6 Declaration of Guy Fiumarelli in Support of Lazard's Motion for Summary Judgment (REDACTED), #7 Exhibit Q-S to Fiumarelli Declaration (REDACTED), #8 Declaration of Autumn Mahoney in Support of Lazard's Motion for Summary Judgment (REDACTED), #9 Exhibit T to Mahoney Declaration (REDACTED))(Beaumont, Anne)
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Filing 145
MEMORANDUM by Nikko Asset Management Co., Ltd. in support of motion for summary judgment #141 REDACTED (Attachments: #1 REDACTED Nikko's L.R. 56.1(a)(3) statement of undisputed facts in support of its motion for summary judgment, #2 Declaration of Arshad Karim in support of Nikko's motion for summary judgment, #3 Exhibit A-B to Decl. of Arshad Karim in support of Nikko's motion for summary judgment (REDACTED), #4 Declaration of Vincent Filardo in support of Nikko's motion for summary judgment, #5 Exhibit A-AV to Decl. of Vincent Filardo in support of Nikko's motion for summary judgment (REDACTED))(Filardo, Vincent)
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Filing 144
SEALED DOCUMENT by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. Memorandum of Law in Support of Lazard's Motion for Summary Judgment (Attachments: #1 Rule 56.1 Statement, #2 Declaration of Anne E. Beaumont in Support of Lazard's Motion for Summary Judgment, #3 Exhibit 1-14 to Beaumont Declaration, #4 Exhibit 15-40 to Beaumont Declaration, #5 Exhibit 41-53 to Beaumont Declaration, #6 Exhibit 54-63 to Beaumont Declaration, #7 Exhibit 64-75 to Beaumont Declaration, #8 Exhibit 76-81 to Beaumont Declaration, #9 Exhibit 82 (part 1) to Beaumont Declaration, #10 Exhibit 82 (part 2) to Beaumont Declaration, #11 Exhibit 82 (part 3) to Beaumont Declaration, #12 Exhibit 83-103 to Beaumont Declaration, #13 Exhibit 104 (part 1) to Beaumont Declaration, #14 Exhibit 104 (part 2) to Beaumont Declaration, #15 Exhibit 105-123 to Beaumont Declaration, #16 Exhibit 124 to Beaumont Declaration, #17 Exhibit 125 to Beaumont Declaration, #18 Exhibit 126-143 to Beaumont Declaration, #19 Declaration of Gerald B. Mazzari in Support of Lazard's Motion for Summary Judgment, #20 Exhibit A-E to Mazzari Declaration, #21 Exhibit F-J to Mazzari Declaration, #22 Exhibit K-P to Mazzari Declaration, #23 Declaration of Guy Fiumarelli in Support of Lazard's Motion for Summary Judgment, #24 Exhibit Q-S to Fiumarelli Declaration, #25 Declaration of Autumn Mahoney in Support of Lazard's Motion for Summary Judgment, #26 Exhibit T to Mahoney Declaration)(Beaumont, Anne)
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Filing 143
MOTION by Defendants Lazard Japan Asset Management K.K., Lazard Asset Management, LLC for summary judgment (Beaumont, Anne)
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Filing 142
SEALED DOCUMENT by Defendant Nikko Asset Management Co., Ltd. Nikko's Memorandum of Law in Support of Its Motion for Summary Judgment and supporting materials (Attachments: #1 Nikko's L.R. 56.1(a)(3) statement of undisputed facts in support of its motion for summary judgment, #2 Declaration of Arshad Karim in support of Nikko's motion for summary judgment, #3 Declaration of Vincent Filardo in support of Nikko's motion for summary judgment, #4 Exhibit A to Declaration of Vincent Filardo, #5 Exhibit B to Declaration of Vincent Filardo, #6 Exhibit C to Declaration of Vincent Filardo, #7 Exhibit D to Declaration of Vincent Filardo, #8 Exhibit E to Declaration of Vincent Filardo, #9 Exhibit F to Declaration of Vincent Filardo, #10 Exhibit G to Declaration of Vincent Filardo, #11 Exhibit H to Declaration of Vincent Filardo, #12 Exhibit I to Declaration of Vincent Filardo, #13 Exhibit J to Declaration of Vincent Filardo, #14 Exhibit K to Declaration of Vincent Filardo, #15 Exhibit L to Declaration of Vincent Filardo, #16 Exhibit M to Declaration of Vincent Filardo, #17 Exhibit N to Declaration of Vincent Filardo, #18 Exhibit O to Declaration of Vincent Filardo, #19 Exhibit P to Declaration of Vincent Filardo, #20 Exhibit Q to Declaration of Vincent Filardo, #21 Exhibit R to Declaration of Vincent Filardo, #22 Exhibit S to Declaration of Vincent Filardo, #23 Exhibit T to Declaration of Vincent Filardo, #24 Exhibit U to Declaration of Vincent Filardo, #25 Exhibit V to Declaration of Vincent Filardo, #26 Exhibit W to Declaration of Vincent Filardo, #27 Exhibit X to Declaration of Vincent Filardo, #28 Exhibit Y to Declaration of Vincent Filardo, #29 Exhibit Z to Declaration of Vincent Filardo, #30 Exhibit AA to Declaration of Vincent Filardo, #31 Exhibit AB to Declaration of Vincent Filardo, #32 Exhibit AC to Declaration of Vincent Filardo, #33 Exhibit AD to Declaration of Vincent Filardo, #34 Exhibit AE to Declaration of Vincent Filardo, #35 Exhibit AF to Declaration of Vincent Filardo, #36 Exhibit AG to Declaration of Vincent Filardo, #37 Exhibit AH to Declaration of Vincent Filardo, #38 Exhibit AI to Declaration of Vincent Filardo, #39 Exhibit AJ to Declaration of Vincent Filardo, #40 Exhibit AK to Declaration of Vincent Filardo, #41 Exhibit AL to Declaration of Vincent Filardo, #42 Exhibit AM to Declaration of Vincent Filardo, #43 Exhibit AN to Declaration of Vincent Filardo, #44 Exhibit AO to Declaration of Vincent Filardo, #45 Exhibit AP to Declaration of Vincent Filardo, #46 Exhibit AQ to Declaration of Vincent Filardo, #47 Exhibit AR to Declaration of Vincent Filardo, #48 Exhibit AS to Declaration of Vincent Filardo, #49 Exhibit AT to Declaration of Vincent Filardo, #50 Exhibit AU to Declaration of Vincent Filardo, #51 Exhibit AV to Declaration of Vincent Filardo)(Filardo, Vincent)
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Filing 141
MOTION by Defendant Nikko Asset Management Co., Ltd. for summary judgment (Filardo, Vincent)
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Filing 140
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 8/1/2017 with attorneys for all parties. Defendants' summary judgment motions are due 8/14/2017; plaintiff's responses and cross motions are due 9/29/2017; defendants' response/reply briefs are due 11/1/2017; plaintiff's reply on the cross motion is due 11/29/2017. Defendants' opening briefs may be 45 pages collectively; plaintiff's response brief may be 45 pages; defendants' replies may be 15 pages collectively; plaintiff's reply may be 15 pages. Complete, unredacted versions are to be filed under seal, and the required chambers copy must be a complete and intact copy of the under-seal version. Redacted versions are to be field in the public record. Mailed notice. (pjg, )
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Filing 139
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 8/1/2017 is moved to 9:15 AM on that date. (mk)
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Filing 138
STIPULATION AND AGREED ORDER REGARDING PLAINTIFFS PRODUCTION OF WEBSITE MATERIALS, signed by the Honorable Matthew F. Kennelly on 6/21/2017. (mk)
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Filing 137
STIPULATION AND AGREED ORDER REGARDING PLAINTIFFS ALLEGED DAMAGESORDER, signed by the Honorable Matthew F. Kennelly on 6/21/2017. (mk)
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Filing 136
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' agreed motion for entry of stipulations is granted. The stipulations regarding damages and production of website materials attached to defendants' motion as exhibits A and B are entered. The Court notes that although defendants' motion states that the stipulations have been "simultaneously submitted in Word format through the Court's email address for proposed orders," no such submissions have been made. (mk)
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Filing 135
NOTICE of Motion by Anne E. Beaumont for presentment of motion for miscellaneous relief #134 before Honorable Matthew F. Kennelly on 6/21/2017 at 09:30 AM. (Beaumont, Anne)
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Filing 134
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for Entry of Stipulations Agreed Motion (Attachments: #1 Exhibit A, #2 Exhibit B)(Beaumont, Anne)
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Filing 133
MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 6/7/2017 with attorneys for all parties. Telephone status hearing, to be initiated by the parties, is set for 8/1/2017 at 8:45 a.m. The case is set for jury trial on 2/20/2018 at 9:45 a.m. Motion to compel #130 has been addressed and is terminated. Mailed notice. (pjg, )
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Filing 132
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, due to the number of cases set for 9:00 AM status hearings on 6/7/2017, the telephone status hearing in this case on that date is advanced to 8:15 AM. (mk)
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Filing 131
TRANSCRIPT OF PROCEEDINGS held on April 5, 2017 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/16/2017. Redacted Transcript Deadline set for 5/26/2017. Release of Transcript Restriction set for 7/24/2017. (Cox, Carolyn)
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Filing 130
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. to compel (Redacted) (Attachments: #1 Exhibit 1 - Lazard Defendants Second Requests for Admission, #2 Exhibit 2 - Answers to Second Requests for Admission)regarding to #124 (Beaumont, Anne) (Docket Text Modified by the Clerk's office on 4/6/2017) (rm, ).
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Filing 129
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 4/5/2017. Motion to redact #127 is granted. The Clerk is directed to place document #124 under seal. Lazard defendants are to file a redacted version in the public record that does not include the portion at issue. Motion to compel #124 is denied without prejudice as partly moot and partly premature based on the discussion in open court. Telephone status hearing, to be initiated by the parties, is set for 6/7/2017 at 9:00 a.m. Mailed notice. (pjg, )
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Filing 128
NOTICE of Motion by Michael Frederik Derksen for presentment of motion to amend/correct, motion for relief #127 before Honorable Matthew F. Kennelly on 4/11/2017 at 09:30 AM. (Derksen, Michael)
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Filing 127
MOTION by Plaintiff IPOX Schuster, LLC to amend/correct MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. to compel Discovery from Plaintiff #124 Redact (Derksen, Michael)
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Filing 126
MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants have noticed a motion to compel discovery for presentment at 9:30 AM on 4/5/2017. At the Court's instance, the status hearing set for 9:00 AM on that date is moved to 9:30 AM to avoid duplicative hearings. (mk)
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Filing 125
NOTICE of Motion by Anne E. Beaumont for presentment of motion to compel #124 before Honorable Matthew F. Kennelly on 4/5/2017 at 09:30 AM. (Beaumont, Anne)
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Filing 124
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. to compel Discovery from Plaintiff (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Beaumont, Anne)
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Filing 123
MINUTE entry before the Honorable Matthew F. Kennelly: Agreed motion to extend fact discovery deadline for a limited purpose #121 is granted. The fact discovery cutoff date is extended to 4/21/2017 for the sole purpose of taking the deposition referenced in the motion, and based on the express representation that this will not impact any other deadline set by the Court. (mk)
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Filing 122
NOTICE of Motion by Anne E. Beaumont for presentment of motion for extension of time to complete discovery #121 before Honorable Matthew F. Kennelly on 3/23/2017 at 09:30 AM. (Beaumont, Anne)
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Filing 121
MOTION by Defendant Lazard Asset Management, LLC for extension of time to complete discovery Agreed Motion of Defendant Lazard Asset Management LLC to Extend the Fact Discovery Deadline for a Limited Purpose (Beaumont, Anne)
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Filing 120
ATTORNEY Appearance for Plaintiff IPOX Schuster, LLC by Michael Frederik Derksen (Derksen, Michael)
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Filing 119
ATTORNEY Appearance for Plaintiff IPOX Schuster, LLC by Edward Sidney Weil (Weil, Edward)
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Filing 118
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 2/2/2017 with attorneys for all parties. Telephone status hearing, to be initiated by the parties, is set for 4/5/2017 at 9:00 a.m. Mailed notice. (pjg, )
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Filing 117
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 2/1/2017 is reset to 2/2/2017 at 8:45 AM, due to the Court's unavailability on the morning of 2/1/2017. (mk)
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Filing 116
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 1/5/2017. Motion to dismiss Count 4 of the first amended complaint #105 is granted. Mailed notice. (pjg, )
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Filing 115
AGREED ORDER REGARDING PRODUCTION OF DOCUMENTS BY THE LAZARD DEFENDANTS, signed by the Honorable Matthew F. Kennelly on 1/5/2017. (mk)
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Filing 114
MINUTE entry before the Honorable Matthew F. Kennelly: The Lazard defendants' uncontested motion for entry of an order under Federal Rule of Evidence 502(d) is granted. Defendants' counsel is directed to provide a Word version of the proposed order for signature, following the instructions on Judge Kennelly's web page. (mk)
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Filing 113
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to withdraw the appearance of attorney Patrick Stanton is granted. (mk)
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Filing 112
NOTICE of Motion by Patrick Thomas Stanton for presentment of motion to withdraw as attorney #111 before Honorable Matthew F. Kennelly on 12/29/2016 at 09:30 AM. (Stanton, Patrick)
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Filing 111
MOTION by Attorney Patrick T. Stanton to withdraw as attorney for IPOX Schuster, LLC. No party information provided (Stanton, Patrick)
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Filing 110
ATTORNEY Appearance for Defendant Lazard Japan Asset Management K.K. by Steven L Baron (Baron, Steven)
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Filing 109
ATTORNEY Appearance for Defendant Lazard Japan Asset Management K.K. by Brendan J. Healey (Healey, Brendan)
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Filing 108
MOTION by Defendants Lazard Asset Management, LLC, Lazard Japan Asset Management K.K. for order Uncontested Motion for Entry of Order (Attachments: #1 Exhibit A (Proposed Order))(Beaumont, Anne)
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Filing 107
NOTICE of Motion by Anne E. Beaumont for presentment of before Honorable Matthew F. Kennelly on 1/5/2017 at 09:30 AM. (Beaumont, Anne)
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Filing 106
ANSWER to amended complaint by Lazard Asset Management, LLC, Lazard Japan Asset Management K.K.(Beaumont, Anne)
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Filing 105
MOTION by Defendants Lazard Japan Asset Management K.K., Lazard Asset Management, LLC to dismiss Count 4 of the First Amended Complaint (Beaumont, Anne)
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Filing 104
NOTICE of Motion by Anne E. Beaumont for presentment of before Honorable Matthew F. Kennelly on 1/5/2017 at 09:30 AM. (Beaumont, Anne)
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Filing 103
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lazard Japan Asset Management K.K. Fed. R. Civ. P. 7.1 and Local Rule 3.2 Disclosure Statement (Beaumont, Anne)
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Filing 102
ATTORNEY Appearance for Defendant Lazard Japan Asset Management K.K. by David Joseph Ranzenhofer (Ranzenhofer, David)
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Filing 101
ATTORNEY Appearance for Defendant Lazard Japan Asset Management K.K. by Katherine L. Pringle (Pringle, Katherine)
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Filing 100
Nikko Asset Management Co., Ltd ANSWER to amended complaint (First) by Nikko Asset Management Co., Ltd.(Filardo, Vincent)
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Filing 99
ATTORNEY Appearance for Defendant Lazard Japan Asset Management K.K. by Anne E. Beaumont (Beaumont, Anne)
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Filing 98
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 12/19/2016 with attorneys for all parties. Telephone status hearing, to be initiated by the parties, is set for 2/1/2017 at 9:00 a.m. Fact discovery ordered closed 3/31/2017. Rule 26(a)(2) disclosures are due by 5/1/2017 for plaintiff and 6/1/2017 for defendants. Expert discovery ordered closed 7/14/2017. The deadline for filing dispositive motions is 8/14/2017. Mailed notice. (pjg, )
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Filing 97
NOTICE by Vincent Filardo, Junio of Change of Address Mishcon deReya New York LLP 156 Fifth Avenue, Suite 904 New York, NY 10010 (Filardo, Vincent)
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Filing 96
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Lazard Asset Management LLC's motion for leave to withdraw the appearance of John Oster as attorney #93 is granted. (mk)
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Filing 95
AGREED ORDER, signed by the Honorable Matthew F. Kennelly on 12/9/2016. If the parties need a sealed version of this order, they should contact the Clerk. (mk)
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Filing 94
NOTICE of Motion by Brendan J. Healey for presentment of motion to withdraw as attorney #93 before Honorable Matthew F. Kennelly on 12/13/2016 at 09:30 AM. (Healey, Brendan)
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Filing 93
MOTION by Attorney John Oster to withdraw as attorney for Lazard Asset Management, LLC. No party information provided (Healey, Brendan)
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Filing 92
MINUTE entry before the Honorable Matthew F. Kennelly: The application of David Ranzenhofer to appear pro hac vice #90 is granted. Counsel is directed to contact the Clerk of Court to establish an e-filing account in this district. (mk)
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Filing 91
NOTICE of Motion by Brendan J. Healey for presentment of motion to appear pro hac vice #90 before Honorable Matthew F. Kennelly on 11/23/2016 at 09:30 AM. (Healey, Brendan)
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Filing 90
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12584841. (Ranzenhofer, David)
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Filing 89
First AMENDED complaint by IPOX Schuster, LLC against All Defendants (Charfoos, Aaron)
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Filing 88
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 11/8/2016. Motion for leave to file #84 is granted. Defendants have until 12/23/2016 to respond to the amended complaint. The 12/9/2016 fact discovery deadline is vacated and will be reset at the telephone status hearing previously set for 12/19/2016 at 9:00 a.m. Order requested by the Japanese Embassy to be submitted to Judge Kennelly's proposed order email address. Mailed notice. (pjg, )
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Filing 87
TRANSCRIPT OF PROCEEDINGS held on November 3, 2016 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@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 11/28/2016. Redacted Transcript Deadline set for 12/5/2016. Release of Transcript Restriction set for 2/2/2017. (Cox, Carolyn)
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Filing 86
MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 11/3/2016. Motion for leave to file #84 is entered and continued to 11/8/2016 at 9:30 a.m. Mailed notice. (pjg, )
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Filing 85
NOTICE of Motion by Aaron Daniel Charfoos for presentment of motion for leave to file #84 before Honorable Matthew F. Kennelly on 11/3/2016 at 09:30 AM. (Charfoos, Aaron)
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Filing 84
MOTION by Plaintiff IPOX Schuster, LLC for leave to file First Amended Complaint (Attachments: #1 Declaration of Aaron Charfoos, #2 Exhibit A)(Charfoos, Aaron)
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Filing 83
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 10/20/2016 with attorneys for all parties. Telephone status hearing, to be initiated by the parties, is set for 12/19/2016 at 9:00 AM. Mailed notice. (pjg, )
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Filing 82
ATTORNEY Appearance for Plaintiff IPOX Schuster, LLC by Jordan Summers Huttenlocker (Huttenlocker, Jordan)
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Filing 81
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 8/17/2016 with attorneys for all parties. Telephone status hearing, to be initiated by the parties, is set for 10/20/2016 at 9:00 a.m. Mailed notice. (pjg, )
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Filing 80
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to withdraw the appearance of Kara Murphy as attorney #78 is granted. (mk)
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Filing 79
NOTICE of Motion by Kara Bledsoe Murphy for presentment of motion to withdraw as attorney #78 before Honorable Matthew F. Kennelly on 8/11/2016 at 09:30 AM. (Murphy, Kara)
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Filing 78
MOTION by Attorney Kara B. Murphy to withdraw as attorney for IPOX Schuster, LLC. No party information provided (Murphy, Kara)
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Filing 77
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nikko Asset Management Co., Ltd. Fed. R. Civ. P. 7.1 and L.R. 3.2 Disclosure Statement (Filardo, Vincent)
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Filing 76
ANSWER to Complaint by Nikko Asset Management Co., Ltd.(Filardo, Vincent)
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Filing 75
MINUTE entry before the Honorable Matthew F. Kennelly: Nikko Asset Management Co., Ltd. has moved to certify for interlocutory appeal the Court's decision denying its motion to dismiss for lack of personal jurisdiction. Before certifying a matter for interlocutory appeal, a court must find that "[its] order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation." 28 U.S.C. 1292(b). Nikko's motion founders, if nowhere else, on the question of whether there is substantial ground for difference of opinion. Nikko does not contend that the Court's ruling contravenes any Seventh Circuit decision; indeed it acknowledges that the Seventh Circuit has not ruled on the point at issue here. See Motion at 6. Nikko's argument essentially is that the law on the topic at issue is unsettled. This is insufficient to warrant putting the litigation on hold for an extended period for an interlocutory appeal. The Court therefore denies the motion for certification under 28 U.S.C. 1292(b) and the accompanying request to stay filing of its answer to the complaint.
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Filing 74
MEMORANDUM by Nikko Asset Management Co., Ltd. in support of motion for leave to appeal #72 Pursuant to 28 U.S.C. 1292(b) D.I. 69 Memorandum Opinion and Order (Filardo, Vincent)
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Filing 73
NOTICE of Motion by Vincent Filardo, Junio for presentment of motion for leave to appeal #72 before Honorable Matthew F. Kennelly on 6/28/2016 at 09:30 AM. (Filardo, Vincent)
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Filing 72
MOTION by Defendant Nikko Asset Management Co., Ltd. for leave to appeal Pursuant to 28 U.S.C. 1292(b) D.I. 69 Memorandum Opinion and Order (Filardo, Vincent)
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Filing 71
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held with attorneys for all parties. Any motion by Nikko under 28 USC 1292(b) must be filed by 6/22/2016. Telephone status hearing, to be initiated by the parties, is set for 8/17/2016 at 9:00 a.m. Deadline for amending pleadings and adding parties is 10/31/2016. Fact discovery ordered closed 12/9/2016. Rule 26(a)(2) disclosures are due by 1/9/2017 for plaintiff and 2/9/2017 for defendants. Expert discovery ordered closed 3/15/2017. The deadline for filing dispositive motions is 4/21/2017. Mailed notice. (pjg, )
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Filing 70
STATUS Report Joint by IPOX Schuster, LLC (Murphy, Kara)
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Filing 69
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 6/9/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court dismisses count 4 for failure to state a claim but otherwise denies Nikko's motion to dismiss [dkt. no. 30]. The Court directs Nikko to answer the complaint by no later than July 1, 2016. The case is set for a telephone status hearing on June 16, 2016 at 8:45 a.m., for the purpose of setting a discovery and pretrial schedule. Counsel are directed to discuss and attempt to agree upon a schedule to propose to the Court and are to file a joint status report in this regard by no later than June 15, 2016. Counsel are also directed to set up a call-in number for the status hearing and are to advise Judge Kennelly's chambers of the details by 12:00 p.m. on June 15, 2016. (mk)
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Filing 68
MOTION by Defendant Lazard Asset Management, LLC for disclosure FED. R. CIV. P. 7.1 AND LOCAL RULE 3.2 DISCLOSURE STATEMENT (Healey, Brendan)
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Filing 67
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing and ruling date of 6/2/2016 is vacated and reset to 6/23/2016 at 9:30 AM. (mk)
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Filing 66
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by IPOX Schuster, LLC Disclosure Statement (Murphy, Kara)
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Filing 65
DECLARATION of Vincent Filardo, Jr. Esq. regarding reply,, #60 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted, #6 Exhibit F - Redacted)(Devincenzo, Michael)
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Filing 64
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to file Exhibits D-F to the declaration of Vincent Filardo, Jr. under seal is granted. A redacted version of the declaration and exhibits is to be filed in the public record. The required chambers copy must be a complete and intact version of the full filing. (mk)
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Filing 63
SEALED DOCUMENT by Defendant Nikko Asset Management Co., Ltd. Exhibits D-F of Vincent Filardo Declaration (Devincenzo, Michael)
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Filing 62
NOTICE of Motion by Michael Salvatore Devincenzo for presentment of motion to seal document, motion for relief #61 before Honorable Matthew F. Kennelly on 5/19/2016 at 09:30 AM. (Devincenzo, Michael)
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Filing 61
MOTION by Defendant Nikko Asset Management Co., Ltd. to seal document reply,, #60 Exhibits D-F of Vincent Filardo Declaration (Devincenzo, Michael)
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Filing 60
REPLY by Defendant Nikko Asset Management Co., Ltd. to motion to dismiss #30 (Attachments: #1 Declaration of Vincent Filardo, #2 Exhibit A in support of Vincent Filardo declaration, #3 Exhibit B in support of Vincent Filardo declaration, #4 Exhibit C in support of Vincent Filardo declaration, #5 Exhibit D in support of Vincent Filardo declaration, #6 Exhibit E in support of Vincent Filardo declaration, #7 Exhibit F in support of Vincent Filardo declaration)(Devincenzo, Michael)
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Filing 59
RESPONSE by IPOX Schuster, LLCin Opposition to MOTION by Defendant Nikko Asset Management Co., Ltd. to dismiss #30 (Public Version with Redactions) (Charfoos, Aaron)
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Filing 58
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file under seal its memorandum in opposition to motion to dismiss, exhibits A-F of the Gentner declaration, and exhibit J of the Schuster affidavit is granted. However, plaintiff is directed to file in the public record redacted versions of each of these filings, omitting the sealed material. In addition, the required chambers copy of plaintiff's filing is to be a single document consisting of the full under-seal filing, without redactions. (mk)
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Filing 57
SEALED EXHIBIT by Plaintiff IPOX Schuster, LLC A-F of Marsha Gentner Affidavit regarding MOTION by Plaintiff IPOX Schuster, LLC to seal document response in opposition to motion, #52 Response Brief; Exhibits A-F of Gentner Declaration; Exhibit J of Schuster Affidavit #53 (Charfoos, Aaron)
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Filing 56
SEALED EXHIBIT by Plaintiff IPOX Schuster, LLC J of Josef Schuster Affidavit regarding MOTION by Plaintiff IPOX Schuster, LLC to seal document response in opposition to motion, #52 Response Brief; Exhibits A-F of Gentner Declaration; Exhibit J of Schuster Affidavit #53 (Charfoos, Aaron)
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Filing 55
SEALED RESPONSE by IPOX Schuster, LLC to MOTION by Plaintiff IPOX Schuster, LLC to seal document response in opposition to motion, #52 Response Brief; Exhibits A-F of Gentner Declaration; Exhibit J of Schuster Affidavit #53 (Charfoos, Aaron)
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Filing 54
NOTICE of Motion by Aaron Daniel Charfoos for presentment of motion to seal document, motion for relief #53 before Honorable Matthew F. Kennelly on 5/5/2016 at 09:30 AM. (Charfoos, Aaron)
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Filing 53
MOTION by Plaintiff IPOX Schuster, LLC to seal document response in opposition to motion, #52 Response Brief; Exhibits A-F of Gentner Declaration; Exhibit J of Schuster Affidavit (Charfoos, Aaron)
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Filing 52
RESPONSE by IPOX Schuster, LLCin Opposition to MOTION by Defendant Nikko Asset Management Co., Ltd. to dismiss #30 (Attachments: #1 Declaration of Marsha Gentner, #2 Exhibit A-L in Support of Marsha Gentner Declaration, #3 Affidavit of Josef Schuster, #4 Exhibit A-V in Support of Josef Schuster Affidavit, #5 Certificate of Service)(Charfoos, Aaron)
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Filing 51
MINUTE entry before the Honorable Matthew F. Kennelly: The application of John Oster to appear pro hac vice #48 is granted. Counsel is directed to promptly contact the Clerk of Court to establish an e-filing account in this district if he has not already done so. (mk)
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Filing 50
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 3/24/2016 with attorneys for all parties. Response to motion to dismiss #30 is to be filed by 4/29/2016; reply is due by 5/13/2016. Ruling set for 6/2/2016 at 9:30 a.m. Status hearing is set for 6/2/2016 at 9:30 a.m. Mailed notice. (pjg, )
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Filing 49
NOTICE of Motion by Brendan J. Healey for presentment of motion to appear pro hac vice #48 before Honorable Matthew F. Kennelly on 3/29/2016 at 09:30 AM. (Healey, Brendan)
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Filing 48
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11723420. (Oster, John)
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Filing 47
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 3/15/2016 with attorneys for all parties. Telephone status hearing, to be initiated by the parties, is set for 3/24/2016 at 8:45 a.m. Nikko's counsel are to promptly ascertain when affiant Andrew Long will be in the U.S. and are then to communicate with plaintiff's counsel to present him for a time-limited deposition during that period. Mailed notice. (pjg, )
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Filing 46
AGREED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION signed by the Honorable Matthew F. Kennelly on 3/8/2016. (mk)
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Filing 45
MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion for entry of an agreed protective order #43 is granted. Counsel are directed to submit a Word version of the proposed order for signature, following the instructions on Judge Kennelly's web page. (mk)
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Filing 44
NOTICE of Motion by Kara Bledsoe Murphy for presentment of motion for protective order #43 before Honorable Matthew F. Kennelly on 3/9/2016 at 09:30 AM. (Murphy, Kara)
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Filing 43
MOTION by Plaintiff IPOX Schuster, LLC for protective order Joint Motion for Entry of Agreed Protective Order Governing Confidential Information (Attachments: #1 Exhibit A)(Murphy, Kara)
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Filing 42
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 3/3/2016. Telephone status hearing, to be initiated by the parties, is set for 3/15/2016 at 8:45 a.m. Mailed notice. (pjg, )
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Filing 41
MINUTE entry before the Honorable Matthew F. Kennelly: The applications of Vincent Filardo Jr. and Mark Raskin to appear pro hac vice are both granted; these attorneys are directed to contact the Clerk of Court to establish e-filing accounts in this district if they have not already done so. (mk)
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Filing 40
NOTICE of Motion by Kelly Virginia McHale for presentment of motion to appear pro hac vice #39 before Honorable Matthew F. Kennelly on 3/1/2016 at 09:30 AM. (McHale, Kelly)
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Filing 39
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11635598. (McHale, Kelly)
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Filing 38
NOTICE of Motion by Kelly Virginia McHale for presentment of motion to appear pro hac vice #37 before Honorable Matthew F. Kennelly on 3/1/2016 at 09:30 AM. (McHale, Kelly)
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Filing 37
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11635442. (McHale, Kelly)
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Filing 36
ATTORNEY Appearance for Defendant Nikko Asset Management Co., Ltd. by Michael Salvatore Devincenzo (Devincenzo, Michael)
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Filing 35
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held on 2/16/2016 with attorneys for all parties. On defendant, Nikko Asset Management's motion to dismiss #30 , plaintiff's response due by 3/16/2016; repliy due by 4/6/2016. Status hearing set for 3/3/2016 at 9:30 AM. Mailed notice (am)
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Filing 34
ANSWER to Complaint by Lazard Asset Management, LLC(Healey, Brendan)
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Filing 33
MINUTE entry before the Honorable Matthew F. Kennelly: The case remains set for a status hearing on 2/16/2016 at 8:45 am as previously ordered. Defendant Nikko's motion to dismiss is taken under advisement. The Court rules as follows on certain aspects of Nikko's Rule 12(b)(6) motion. Count 2 sufficiently alleges a claim under the Illinois Trade Secrets Act; the allegations describing the trade secret are sufficient under Fed. R. Civ. P. 8(a). Count 7 appears to be directed only at defendant Lazard, not defendant Nikko. Count 9 sufficiently alleges a meeting of the minds on all material contract terms and thus sufficiently alleges the existence of a contract. Finally, Count 10 sufficiently alleges the elements of a contract implied in fact. Plaintiff need not respond to the Rule 12(b)(6) motion regarding these claims. The Court will set a date for plaintiff's response and Nikko's reply on the remainder of the motion at the 2/16/2016 status hearing. (mk)
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Filing 32
MEMORANDUM by Nikko Asset Management Co., Ltd. in support of motion to dismiss #30 (McHale, Kelly)
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Filing 31
NOTICE of Motion by Kelly Virginia McHale for presentment of motion to dismiss #30 before Honorable Matthew F. Kennelly on 2/16/2016 at 09:30 AM. (McHale, Kelly)
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Filing 30
MOTION by Defendant Nikko Asset Management Co., Ltd. to dismiss (McHale, Kelly)
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Filing 29
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Nikko Asset Management's motion for leave to file a brief in excess of 15 pages #27 is granted in part. Defendant's brief may be as long as 30 pages, which is twice the normal limit. (mk)
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Filing 28
NOTICE of Motion by Kelly Virginia McHale for presentment of motion for leave to file #27 before Honorable Matthew F. Kennelly on 2/2/2016 at 09:30 AM. (McHale, Kelly)
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Filing 27
MOTION by Defendant Nikko Asset Management Co., Ltd. for leave to file Brief in Excess of 15 Pages (McHale, Kelly)
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Filing 26
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Nikko Asset Managemetn Co.'s motion for an extension of time to respond to the complaint #24 is denied; the ground stated in the motion is conclusory and unsupported. (mk)
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Filing 25
NOTICE of Motion by Kelly Virginia McHale for presentment of motion for extension of time to file response/reply #24 before Honorable Matthew F. Kennelly on 1/27/2016 at 09:30 AM. (McHale, Kelly)
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Filing 24
MOTION by Defendant Nikko Asset Management Co., Ltd. for extension of time to file response/reply to Plaintiff's Complaint (McHale, Kelly)
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Filing 23
ATTORNEY Appearance for Defendant Nikko Asset Management Co., Ltd. by Kelly Virginia McHale (McHale, Kelly)
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Filing 22
ATTORNEY Appearance for Defendant Nikko Asset Management Co., Ltd. by Michael Denny Huber (Huber, Michael)
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Filing 21
WAIVER OF SERVICE returned executed by IPOX Schuster, LLC. Nikko Asset Management Co., Ltd. waiver sent on 11/12/2015, answer due 2/10/2016. (Murphy, Kara)
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Filing 20
MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 1/7/2016 with attorneys for all parties. Rule 26(a)(1) disclosures are to be made by 1/21/2016. Telephone status hearing, to be initiated by the parties, is set for 2/16/2016 at 8:45 a.m. for the purpose of setting a schedule for further proceedings. Mailed notice. (pjg, )
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Filing 19
MINUTE entry before the Honorable Matthew F. Kennelly: The applications of Marsha Gentner, Anne Beaumont, and Katherine Pringle to appear pro hac vice #7 are granted. The motion to extend time is granted. Defendant Lazard is given to 2/11/16 to respond to the complaint. No further extensions of that date will be granted. The initial status hearing is reset to 1/7/2016 at 9:00 AM. (mk)
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Filing 18
MINUTE entry before the Honorable Matthew F. Kennelly: The order just entered in this case was entered erroneously and is therefore vacated. (mk)
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Filing 17
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff is directed to file by no later than 12/18/2015 an amended complaint setting forth the citizenship of the members of defendant Lazard Asset Management LLC, including the complete citizenship of any corporate or "LLC" members. See Mutual Assignment & Indemnification Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). If plaintiff fails to do so, the Court will dismiss the case for lack of subject matter jurisdiction. (mk)
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Filing 16
NOTICE of Motion by Brendan J. Healey for presentment of motion to appear pro hac vice #12 , motion to appear pro hac vice #13 before Honorable Matthew F. Kennelly on 12/8/2015 at 09:30 AM. (Healey, Brendan)
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Filing 15
NOTICE of Motion by Brendan J. Healey for presentment of motion for extension of time to file answer, #14 before Honorable Matthew F. Kennelly on 12/8/2015 at 09:30 AM. (Healey, Brendan)
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Filing 14
MOTION by Defendant Lazard Asset Management, LLC for extension of time to file answer Agreed Motion of Defendant Lazard Asset Management LLC for Extension of Time to Answer or Otherwise Plead and to Adjourn Initial Status Conference (Healey, Brendan)
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Filing 13
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11347714. (Pringle, Katherine)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11347657. (Beaumont, Anne)
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Filing 11
ATTORNEY appearance (Healey, Brendan) Modified on 11/30/2015 (ks, ). Modified on 11/30/2015 (ks, ).
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Filing 10
ATTORNEY appearance Steven L. Baron (Baron, Steven) Modified on 11/30/2015 (ks, ). Modified on 11/30/2015 (ks, ).
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Filing 9
MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 12/23/2015 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/home/JUDGES/KENNELLY/INIT-ORD.htm. Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that summons has been or is being served on each defendant. (mk)
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Filing 8
SUMMONS Returned Executed by IPOX Schuster, LLC as to Lazard Asset Management, LLC on 11/11/2015, answer due 12/2/2015. (Murphy, Kara)
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SUMMONS Issued as to Defendant Lazard Asset Management, LLC (pg, )
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SUMMONS Issued as to Defendant Lazard Asset Management, LLC (pg, )
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Filing 7
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11267893. (Gentner, Marsha)
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Filing 6
ATTORNEY Appearance for Plaintiff IPOX Schuster, LLC by Aaron Daniel Charfoos (Charfoos, Aaron)
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Filing 5
ATTORNEY Appearance for Plaintiff IPOX Schuster, LLC by Kara Bledsoe Murphy (Murphy, Kara)
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Filing 4
MAILED Trademark report to Patent Trademark Office, Alexandria VA. (lk, )
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Michael T. Mason. (jn, )
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Filing 3
ATTORNEY Appearance for Plaintiff IPOX Schuster, LLC by Patrick Thomas Stanton (Stanton, Patrick)
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Filing 2
CIVIL Cover Sheet (Stanton, Patrick)
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Filing 1
COMPLAINT filed by IPOX Schuster, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-11265323.(Stanton, Patrick)
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