Li Gear, Inc. v. Kerr Machine Co.
| Li Gear, Inc. |
| Kerr Machine Co. |
| 1:2016cv04657 |
| April 26, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Will |
| John Robert Blakey |
| Mary M Rowland |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 51 MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the parties' stipulation to dismiss #50 , this action is dismissed without prejudice pursuant to a settlement agreement, with each party bearing its own costs and fees. The dismissal will automatically convert to a dismissal with prejudice if no motion to reinstate is filed on or before October 14, 2017. Until the dismissal is converted to a dismissal with prejudice, the Court retains jurisdiction to enforce the terms of the settlement agreement. Lynch, Inc. v. SamataMason Inc., 279 F.3d 487, 489 (7th Cir. 2002); Natkin v. Winfrey, No. 99-5367, 2015 WL 8484511 (N.D. Ill. Dec. 8, 2015). The status hearing set for June 15, 2017 is stricken. Civil case terminated. Mailed notice. (dm, ) |
| Filing 50 STIPULATION of Dismissal Pursuant to Rule 41(a)(1) (Underhill, Edward) |
| Filing 49 MINUTE entry before the Honorable Mary M. Rowland: In the parties' Stipulation to Dismiss #48 , they request that the Court retain jurisdiction to enforce the parties' settlement agreement. However, pursuant to Seventh Circuit precedent, the district court retains jurisdiction to enforce a settlement agreement only if: 1) the action is dismissed without prejudice; or 2) the court enters an order incorporating the terms of the settlement agreement. See Natkin v. Winfrey, No. 99-5367, 2015 WL 8484511 (N.D. Ill. Dec. 8, 2015) (Castillo, C.J.); see also Lynch, Inc. v. SamataMason Inc., 279 F.3d 487, 489 (7th Cir. 2002) ("A settlement agreement, unless it is embodied in a consent decree or some other judicial order or unless jurisdiction to enforce the agreement is retained (meaning that the suit has not been dismissed with prejudice), is enforced just like any other contract."). Thus the parties should file a new stipulation either 1) dismissing the case without prejudice and specifying a date by which dismissal will automatically convert to a dismissal with prejudice if no motion to reinstate is filed or 2) dismissing with prejudice and specifically incorporating the terms of the settlement agreement, which should be attached to the stipulation. The status hearing set for 6/15/17 stands. The status hearing will be stricken if a new stipulation to dismiss is filed prior to that date. Mailed notice. (dm, ) |
| Filing 48 STIPULATION of Dismissal Pursuant to Rule 41(a)(1) (Underhill, Edward) |
| Filing 47 MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Parties report a settlement agreement has been reached. Status hearing set for 6/15/17 at 9:30 a.m. Status will be stricken if a stipulation to dismiss is filed prior to that date. Mailed notice. (dm, ) |
| Filing 46 MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Defendant reports the parties are close to reaching an agreement. Discovery is stayed. Status hearing set for 4/27/17 at 9:30 a.m. Status will be stricken if a stipulation to dismiss is filed prior to that date. Mailed notice. (dm, ) |
| Filing 45 MINUTE entry before the Honorable Mary M. Rowland: On the Court's own motion, status hearing set for 3/22/17 at 9:30 a.m. is reset to 9:00 a.m. (Please Note Time Change Only.) Mailed notice. (dm, ) |
| Filing 44 MINUTE entry before the Honorable Mary M. Rowland: The stay of discovery #24 is lifted. Fact discovery shall be completed by 4/28/2017. Status hearing set for 3/22/2017 at 9:30 a.m., at which time the parties shall be prepared to discuss whether a settlement conference would be productive. Mailed notice. (dm, ) |
| Filing 43 MEMORANDUM Opinion and Order Signed by the Honorable Mary M. Rowland on 2/1/2017. Mailed notice. (dm, ) |
| Filing 42 MINUTE entry before the Honorable Mary M. Rowland: For the reasons stated in the Memorandum Opinion and Order, Defendant's Motion for Summary Judgment Based on Lack of Personal Jurisdiction #17 , which the Court has construed as a motion to dismiss pursuant to Rule 12(b)(2), is DENIED. Plaintiff's Motion for Leave to File Nunc Pro Tunc a Statement of Additional Uncontested Facts Pursuant to Local Rule 56.1 Containing Fifty-Seven Statements #39 is DENIED AS MOOT. Enter Memorandum Opinion and Order. Mailed notice. (dm, ) |
| Filing 41 MINUTE entry before the Honorable Mary M. Rowland: Motion hearing held. Plaintiff's Motion for Leave to file Additional Uncontested Facts #39 is taken under advisement. The court will rule on it in connection with the ruling on the Defendant's Motion for Summary Judgment. If the defendant wishes to file a response to any of the additional 17 facts that it has not already responded to substantively, it may do so by 12/22/16. Mailed notice. (dm, ) |
| Filing 40 NOTICE of Motion by Edward Joseph Underhill for presentment of motion for leave to file #39 before Honorable Mary M. Rowland on 12/13/2016 at 09:15 AM. (Underhill, Edward) |
| Filing 39 MOTION by Plaintiff Li Gear, Inc. for leave to file Nunc Pro Tunc a Statement of Additional Uncontested Facts Pursuant to Local Rule 56.1 Containing Fifty-Seven Statements (Underhill, Edward) |
| Filing 38 RULE 56 56.1(b)(C) Statement by Kerr Machine Co. regarding motion for summary judgment #17 (Adducci, James) |
| Filing 37 REPLY by Defendant Kerr Machine Co. to motion for summary judgment #17 (Adducci, James) |
| Filing 36 MINUTE entry before the Honorable Mary M. Rowland: Defendant's unopposed motion for extension of time #33 is granted. Defendant's reply is due 11/21/16. No appearance necessary on 11/17/16. The parties are reminded that pursuant to Judge Rowland's standing orders, agreed motions should not be filed or noticed for hearing; instead, they should be submitted to the Judge's agreed orders mailbox for consideration, modification and electronic entry. See Judge Rowland's webpage on the Northern District's web site. Mailed notice. (dm, ) |
| Filing 35 NOTICE of Motion by Marshall Lee Blankenship for presentment of motion for extension of time to file response/reply, motion for relief #33 before Honorable Mary M. Rowland on 11/17/2016 at 09:15 AM. (Blankenship, Marshall) |
| Filing 34 NOTICE of Motion by Marshall Lee Blankenship for presentment of (Blankenship, Marshall) |
| Filing 33 MOTION by Defendant Kerr Machine Co. for extension of time to file response/reply as to Response #31 (agreed) (Blankenship, Marshall) |
| Filing 32 RULE 56.1(b)(C) Statement of Additional Uncontested Facts in Opposition to Defendant's Motion for Summary Judgment (Attachments: #1 Declaration of Will Li)(Underhill, Edward) |
| Filing 31 RESPONSE by Plaintiff Li Gear, Inc. to Rule 56 statement #19 (Underhill, Edward) |
| Filing 30 MEMORANDUM by Li Gear, Inc. in Opposition to motion for summary judgment #17 (Underhill, Edward) |
| Filing 29 MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's motion for extension of time #27 is granted. Plaintiff's response is due 10/24/16. Defendant's reply is due 11/14/16. No appearance necessary on 10/26/16. Mailed notice (ber, ) |
| Filing 28 NOTICE of Motion by Edward Joseph Underhill for presentment of extension of time #27 , motion for summary judgment #17 before Honorable Mary M. Rowland on 10/26/2016 at 09:15 AM. (Underhill, Edward) |
| Filing 27 MOTION by Plaintiff Li Gear, Inc. for extension of time of Filing Date for Brief in Opposition to Defendant's Motion for Summary Judgment (Underhill, Edward) |
| Filing 26 MINUTE entry before the Honorable Mary M. Rowland: Parties' agreed verbal motion to extend briefing schedule for Defendant's Motion for Summary Judgment is granted. The dates in this Court's September 6, 2016 order are modified as follows: Defendant shall produce the discovery requested by Plaintiff on or before 10/10/16; Plaintiff shall file its response to the Motion for Summary Judgment on or before 10/21/16; and Defendant shall file its Reply brief on or before 11/4/16. The Court will set the next status hearing after ruling on the pending motion for summary judgment. Mailed notice. (dm, ) |
| AGREED VERBAL MOTION by parties to extend briefing schedule for Defendant's Motion for Summary Judgment. (dm, ) |
| Filing 25 MINUTE entry before the Honorable Mary M. Rowland: The status hearing set for 9/20/16 is stricken. The Court will set the next status hearing after ruling on the pending motion for summary judgment. Mailed notice. (dm, ) |
| Filing 24 MINUTE entry before the Honorable Mary M. Rowland: Motion hearing held on 9/6/16. Defendant's motion for summary judgment #17 is taken under consideration. Plaintiff's response is due by 10/3/16. Defendant's reply is due 10/17/16. The Court will rule by mail. Defendant's motion to stay discovery #21 is granted in part. Other than discovery needed to respond to Defendant's motion for summary judgment, which defendant shall promptly produce, discovery is stayed pending the Court's ruling on the summary judgment motion. Mailed notice. (dm, ) |
| Filing 23 MINUTE entry before the Honorable Mary M. Rowland: The 9/1/16 hearings on Defendant's motion for summary judgment #17 and motion to stay discovery #21 are stricken for failure to give the requisite 3 business days notice and reset for 9/6/16 at 9:45 AM. Mailed notice. (dm, ) |
| Filing 22 NOTICE of Motion by James Dominick Adducci for presentment of motion to stay #21 before Honorable Mary M. Rowland on 9/1/2016 at 09:15 AM. (Adducci, James) |
| Filing 21 MOTION by Defendant Kerr Machine Co. to stay Discovery (Adducci, James) |
| Filing 20 MEMORANDUM by Kerr Machine Co. in support of motion for summary judgment #17 (Adducci, James) |
| Filing 19 RULE 56 56.1(a)(3) Statement by Kerr Machine Co. regarding motion for summary judgment #17 (Attachments: #1 Exhibit 1-3)(Adducci, James) |
| Filing 18 NOTICE of Motion by James Dominick Adducci for presentment of motion for summary judgment #17 before Honorable Mary M. Rowland on 9/1/2016 at 09:15 AM. (Adducci, James) |
| Filing 17 MOTION by Defendant Kerr Machine Co. for summary judgment (Adducci, James) |
| Filing 16 MINUTE entry before the Honorable Mary M. Rowland: William Speed's Motion for Leave to Appear Pro Hac Vice #15 is granted. Mailed notice. (dm, ) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12196479. (Speed, William) |
| Filing 14 MINUTE entry before the Honorable Mary M. Rowland: Discovery dates set by Judge Blakey to stand. Fact discovery set to close on 12/30/16. Status set for 9/20/16 at 9:00 AM. Mailed notice. (dm, ) |
Filing 13
ORDER REASSIGNING Case to the Honorable Mary M. Rowland, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Signed by Honorable John Robert Blakey on 06/29/16. (aee, )
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| Filing 12 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Adducci, James) |
| Filing 11 MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 6/29/2016. Rule 26(a)(1) disclosures shall be completed on or before 7/29/2016. Written discovery shall issue on or before 7/29/2016. Fact discovery shall be completed on or before 12/30/2016. Based on the representation of the Parties, this case will be transferred to the Magistrate Judge for all purposes after filing the appropriate consent form. Mailed notice (gel, ) |
| Filing 10 ANSWER to Complaint with Jury Demand by Kerr Machine Co.(Adducci, James) |
| Filing 9 STATUS Report (Amended Joint Initial) by Li Gear, Inc. (Underhill, Edward) |
| Filing 8 STATUS Report (Joint Initial) by Li Gear, Inc. (Underhill, Edward) |
| Filing 7 ATTORNEY Appearance for Defendant Kerr Machine Co. by Marshall Lee Blankenship (Blankenship, Marshall) |
| Filing 6 ATTORNEY Appearance for Defendant Kerr Machine Co. by James Dominick Adducci (Adducci, James) |
| Filing 5 SUMMONS Returned Executed by Li Gear, Inc. as to Kerr Machine Co. on 5/6/2016, answer due 5/27/2016. (Underhill, Edward) |
| Filing 4 MINUTE entry before the Honorable John Robert Blakey:This case has been assigned to the calendar of the Honorable John Robert Blakey. An initial status conference is set for 6/29/2016 at 9:45 a.m. in Courtroom 1725. The parties are advised to review and strictly comply with the Court's standing order concerning initial status conferences and the filing of the initial status report (which, in this case, will be due no later than 6/20/2016). The standing order and the template for the initial status report are available on the Court's homepage at www.ilnd.uscourts.gov. By way of preliminary information, the Court expects attorneys to appear at all set dates. If an attorney has a conflict with a set date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a conflict is not a substitute for communicating with the Court. Attorneys who fail to appear and fail to notify the Courtroom Deputy of any conflict may be subject to sanctions. Additionally, the parties are strongly encouraged to consider consenting to proceed before the assigned United States Magistrate Judge. Should the parties elect to do so, they should notify Mrs. Lewis, and the case will be reassigned upon receipt of the signed consent form. Mailed notice (gel, ) |
| SUMMONS Issued as to Defendant Kerr Machine Co. (jn, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Li Gear, Inc. by Edward Joseph Underhill (Underhill, Edward) |
| Filing 2 CIVIL Cover Sheet (Underhill, Edward) |
| Filing 1 COMPLAINT filed by Li Gear, Inc.; Filing fee $ 400, receipt number 0752-11865671.(Underhill, Edward) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Mary M. Rowland. (ew, ) |
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| Plaintiff: Li Gear, Inc. | |
| Represented By: | Edward Joseph Underhill |
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| Defendant: Kerr Machine Co. | |
| Represented By: | William W. Speed |
| Represented By: | Marshall Lee Blankenship |
| Represented By: | James Dominick Adducci |
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