QBE Insurance Corporation v. Tryko Holdings, LLC et al
| QBE Insurance Corporation |
| Tryko Holdings, LLC, Tryko Partners, LLC, Real Tax Acquisitions, LLC, Eliza Garzon and First National Assets Management, LLC |
| 1:2017cv02826 |
| April 14, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Edmond E Chang |
| Contract: Insurance |
| 28 U.S.C. § 2201 Declaratory Judgement (Insurance) |
| Both |
Docket Report
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| Filing 47 MAIL RETURNED, for document #43 sent to David A. Wilford returned as undeliverable, return to sender. No new contact information received; therefore future mailings will not be sent until a new address is provided to the Clerk's Office using a Notification of Change of Address or Pro Se Appearance form. (ph, ) |
| Filing 46 MINUTE entry before the Honorable Edmond E. Chang: Pursuant to the stipulated dismissal, under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the case is dismissed with prejudice, including all claims and counterclaims, but without prejudice as to any claims or interests or defenses as to necessary party First National Assets Management LLC. Each party shall bear their own attorney's fees and costs. Status hearing of 09/28/2017 is vacated. Civil case terminated. Emailed notice (slb, ) |
| Filing 45 STIPULATION of Dismissal (Conrad, Christopher) |
| Filing 44 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's attorney, Christopher Conrad, called the courtroom deputy with the agreement of Defendants' attorneys to report that the parties have reached a settlement. The parties seek a vacatur or stay of the briefing schedule, and ask for a three-week continuance of the status hearing to finalize the written agreement. In light of the directive in R. 43, the agreement is binding, so the briefing schedule is vacated. The status hearing of 09/05/2017 is reset to 09/28/2017 at 10:15 a.m., with the expectation that the stipulated dismissal will be filed before that date. Emailed notice (slb, ) |
| Filing 43 MINUTE entry before the Honorable Edmond E. Chang: QBE's extension motion #40 to file affirmative defenses and opening brief is granted. Plaintiff's affirmative defenses and opening motion for judgment on the pleadings due 08/31/2017. Tryko Defendants' cross-motion and response due 10/03/2017. Plaintiff's reply on its own motion and response to Tryko Defendants' motion due 10/16/2017. Tryko Defendants' reply on their own motion due 10/30/2017. The Court strongly encourages the parties to finish their settlement negotiations; only a binding agreement (even if not fully reduced to writing) will warrant an alteration to the briefing schedule. Status hearing of 08/31/2017 is reset to 09/05/2017 at 9:30 a.m.Emailed notice (slb, ) |
| Filing 42 MINUTE entry before the Honorable Edmond E. Chang: Motion by Attorney Anthony D. Ingraffia to withdraw as attorney for QBE Insurance Corporation #39 is granted. Emailed notice (slb, ) |
| Filing 41 NOTICE of Motion by Christopher T. Conrad for presentment of extension of time #40 before Honorable Edmond E. Chang on 8/31/2017 at 09:00 AM. (Conrad, Christopher) |
| Filing 40 MOTION by Counter Defendant QBE Insurance Corporation, Plaintiff QBE Insurance Corporation for extension of time to file Answer and Motion for Judgment on Pleadings UNOPPOSED (Conrad, Christopher) |
| Filing 39 MOTION by Attorney Anthony D. Ingraffia to withdraw as attorney for QBE Insurance Corporation. No party information provided (Ingraffia, Anthony) |
| Filing 38 Insured's Answer and Amended Affirmative Defenses to QBE's First Amended Complaint and Amended Counterclaim Against QBE ANSWER to Complaint with Jury Demand by Eliza Garzon, Real Tax Acquisitions, LLC, Tryko Holdings, LLC, Tryko Partners, LLC(Horwitch, Mark) |
| Filing 37 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Settlement negotiations are ongoing, but the litigation track must go forward in the meantime. The insurer and insured will be filing cross motions for judgment on the pleadings. To avoid repetitive briefs, the briefing schedule will comprise of four briefs instead of six: Plaintiff's opening motion for judgment on the pleadings due 08/25/2017. Tryko Defendants' cross-motion and response due 09/25/2017. Plaintiff's reply on its own motion and response to Tryko Defendants' motion due 10/09/2017. Tryko Defendants' reply on their own motion due 10/23/2017. Defendant First National Assets Management, LLC will not be participating in the briefing. Discovery is stayed for now, subject to re-evaluation at the next status hearing. The Court strongly encourages the parties to promptly engage in good-faith settlement negotiations to avoid unnecessary attorney's fees Status hearing set for 08/31/2017 at 9:00 a.m.Emailed notice (slb, ) |
| Filing 36 Insureds' ANSWER to amended complaint , Affirmative Defenses and COUNTERCLAIM filed by Real Tax Acquisitions, LLC, Tryko Partners, LLC, Tryko Holdings, LLC, Eliza Garzon against QBE Insurance Corporation . by Real Tax Acquisitions, LLC, Tryko Partners, LLC, Tryko Holdings, LLC, Eliza Garzon(Horwitch, Mark) |
| Filing 35 ANSWER to amended complaint by First National Assets Management, LLC(Spangler, Patrick) |
| Filing 34 AMENDED complaint by QBE Insurance Corporation against All Defendants (Attachments: #1 Exhibit A: Policy, #2 Exhibit B: Original Underlying Complaint, #3 Exhibit C: Third Amended Complaint)(Ingraffia, Anthony) |
| Filing 33 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. The subject matter jurisdiction inquiry has been satisfied. With regard to Count 3 (cost allocation), the parties reported that Rule 26(a)(1) disclosures were made and the first-round of written discovery was issued. Fact discovery to be completed by 11/03/2017 (the Court will continue to monitor discovery to determine whether acceleration is appropriate). Plaintiff's verbal request to file an amended complaint is granted, in view of the relatively early posture of the case. Plaintiff will be asserting a new purported exclusion. Plaintiff's amended complaint to be filed by 07/07/2017. Defendants' answers due 07/21/2017. Status hearing set for 07/24/2017 at 10:30 a.m.Emailed notice (slb, ) |
| Filing 32 SEALED DOCUMENT by Defendant First National Assets Management, LLC (Jurisdictional Statement) (Spangler, Patrick) |
| Filing 31 Jurisdictional STATEMENT by First National Assets Management, LLC (Redacted) (Spangler, Patrick) |
| Filing 30 MINUTE entry before the Honorable Edmond E. Chang: Defendant First National Assets Management LLC's motion motion to seal and for protective order #28 is granted as modified. In light of the interests set forth in the motion, First National Assets may file an under-seal complete version of the Jurisdictional Statement, and a publicly available redacted version with the individual and corporate entity redacted. No person shall disseminate the under-seal version nor its redacted contents. Having said that, First National Assets must file an Amended Jurisdictional Statement, because the Jurisdictional Statement refers to the members as "residents" of certain States, versus *citizenship* (which is what counts for diversity purposes). First National Assets shall filed the Amended Jurisdictional Statement (both under seal and public version) by 06/16/2017. Emailed notice (Chang, Edmond) |
| Filing 29 NOTICE of Motion by Patrick Williamson Spangler for presentment of motion to seal, motion for protective order #28 before Honorable Edmond E. Chang on 6/20/2017 at 08:30 AM. (Spangler, Patrick) |
| Filing 28 MOTION by Defendant First National Assets Management, LLC to seal , MOTION by Defendant First National Assets Management, LLC for protective order (Spangler, Patrick) |
| Filing 27 JURISDICTIONAL STATEMENT by First National Assets Management, LLC (redacted) (Spangler, Patrick) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Without objection, Plaintiff's renewed motion to remove the originally complaint #14 is granted insofar as it will be effectuated by the Clerk's Office placing the complaint #1 under seal in CM/ECF. The Court directs the Clerk to seal R. 1 as promptly as practicable. On diversity of citizenship, by 06/08/2017, Defendant First National Assets shall file a Jurisdictional Statement that sets forth the citizenship of Second City I, LLC, and traces its membership and citizenship all the way through. If necessary, First National Assets may file the statement under seal, but accompanied by a motion to seal that details why the sealing is justified in light of the strict requirements of Seventh Circuit case law. The Court discussed Count 3 with the parties, and the concern over the ripeness of go-forward allocation of defense costs. And discovery is almost surely needed to decide the already-incurred allocation. Even though the count is asserted in the alternative, the Court wants to avoid a long lag between deciding the anticipated cross-motions for judgment on the pleadings and Count 3, if the count needs to be decided. So, on balance, discovery will start on that count. Rule 26(a)(1) disclosures due 06/12/2017. The first-round of written discovery requests must be issued no later than 06/19/2017. The parties shall file a motion for entry of a confidentiality order as needed; if First National Assets tries to poke its nose into the discovery tent (which does not seem proper), the disclosures may be made only to Plaintiff in the first instance. On Counts 1 and 2, First National Assets will be filing an amended complaint in the underlying state court case on 05/31/2017. Plaintiff and the Tryko Defendants shall discuss the most efficient way to proceed with the pleadings here after the filing of the state-court amended complaint. And the parties should continuously think about settlement and continuously evaluate their respective litigation positions, especially if there is truly a non-trade-secrets claim, and then the Plaintiff's position hinges on an interpretation of "unfair trade practices" that is arguably divorced from the usual meaning of an "antitrust" exclusion (perhaps case law says otherwise, but that is the Court's initial impression). Status hearing set for 06/29/2017 at 10:30 a.m. Emailed notice (slb, ) |
| Filing 25 ATTORNEY Appearance for Defendant First National Assets Management, LLC by Patrick Williamson Spangler (Spangler, Patrick) |
| Filing 24 STATUS Report by QBE Insurance Corporation (Conrad, Christopher) |
| Filing 23 ATTORNEY Appearance for Defendants Eliza Garzon, Real Tax Acquisitions, LLC, Tryko Holdings, LLC, Tryko Partners, LLC by Daniel I. Konieczny (Konieczny, Daniel) |
| Filing 22 ATTORNEY Appearance for Defendants Eliza Garzon, Real Tax Acquisitions, LLC, Tryko Holdings, LLC, Tryko Partners, LLC by Mark H Horwitch (Horwitch, Mark) |
| Filing 21 WAIVER OF SERVICE returned executed by QBE Insurance Corporation. Eliza Garzon waiver sent on 5/1/2017, answer due 6/30/2017. (Ingraffia, Anthony) |
| Filing 20 WAIVER OF SERVICE returned executed by QBE Insurance Corporation. Real Tax Acquisitions, LLC waiver sent on 5/1/2017, answer due 6/30/2017. (Ingraffia, Anthony) |
| Filing 19 WAIVER OF SERVICE returned executed by QBE Insurance Corporation. Tryko Partners, LLC waiver sent on 5/1/2017, answer due 6/30/2017. (Ingraffia, Anthony) |
| Filing 18 WAIVER OF SERVICE returned executed by QBE Insurance Corporation. Tryko Holdings, LLC waiver sent on 5/1/2017, answer due 6/30/2017. (Ingraffia, Anthony) |
| Filing 17 WAIVER OF SERVICE returned executed by QBE Insurance Corporation. First National Assets Management, LLC waiver sent on 5/1/2017, answer due 6/30/2017. (Ingraffia, Anthony) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: The motion #14 to remove complaint is entered and continued to the initial status hearing of 05/25/2017.Emailed notice (slb, ) |
| Filing 15 NOTICE of Motion by Anthony Diego Ingraffia for presentment of motion for miscellaneous relief #14 before Honorable Edmond E. Chang on 5/8/2017 at 08:30 AM. (Ingraffia, Anthony) |
| Filing 14 MOTION by Plaintiff QBE Insurance Corporation Renewed Motion to Remove Inadvertently Filed Document From Docket (Ingraffia, Anthony) |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the status hearing of 06/02/2017 is reset to 05/25/2017 at 9:00 a.m.Emailed notice (slb, ) |
| Filing 12 Complaint for Declaratory Judgment by QBE Insurance Corporation (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ingraffia, Anthony) |
| Filing 11 Complaint for Declaratory Judgment by QBE Insurance Corporation (Ingraffia, Anthony) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion #6 on replacement complaint if granted in part. Plaintiff may file the proposed complaint on the docket as a separate entry, and it will be treated as the operative complaint. But there is no explanation for why removing R. 1 from CM/ECF is necessary. In any event, Plaintiff shall promptly effectuate service (or send waivers, if it had not already done so), and the parties shall work cooperatively on identifying the LLC's members and their citizenship. Emailed notice (slb, ) |
| Filing 9 NOTICE of Motion by Anthony Diego Ingraffia for presentment of motion for miscellaneous relief, #6 before Honorable Edmond E. Chang on 4/27/2017 at 08:30 AM. (Ingraffia, Anthony) |
| Filing 8 ATTORNEY Appearance for Plaintiff QBE Insurance Corporation by Christopher T. Conrad (Conrad, Christopher) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang:Initial status hearing set for 06/02/2017 at 2:15 p.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (slb, ) |
| Filing 6 MOTION by Plaintiff QBE Insurance Corporation Motion To Remove Inadvertently Filed Document From Docket and for Leave to File Intended Document (Attachments: #1 Exhibit A - intended Complaint for Declaratory Judgment)(Ingraffia, Anthony) |
| Filing 5 ATTORNEY Appearance for Plaintiff QBE Insurance Corporation by David A. Wilford (Wilford, David) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by QBE Insurance Corporation (Ingraffia, Anthony) |
| Filing 3 ATTORNEY Appearance for Plaintiff QBE Insurance Corporation by Anthony Diego Ingraffia (Ingraffia, Anthony) |
| Filing 2 CIVIL Cover Sheet (Ingraffia, Anthony) |
| Filing 1 COMPLAINT filed by QBE Insurance Corporation; Jury Demand. Filing fee $ 400, receipt number 0752-13071471.(Ingraffia, Anthony) (Sealed per Order dated 5/25/17) Modified on 5/26/2017 (aee, ). |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. (nsf, ) |
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