Ken Heritage, LLC v. Lake Plaza Property Holding, LLC et al
Plaintiff: Ken Heritage, LLC
Defendant: Lake Plaza Property Holding, LLC
3Rd Party Plaintiff: Novare National Settlement Service, LLC
3Rd Party Defendant: Elmhurst LLC
Case Number: 1:2018cv00211
Filed: January 11, 2018
Court: US District Court for the Northern District of Illinois
Office: Chicago Office
County: Cook
Presiding Judge: Robert M Dow
Nature of Suit: Real Property: Other
Cause of Action: 28:1332
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on February 26, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2020 Opinion or Order Filing 83 ORDER FOR RELEASE OF FUNDS. Signed by the Honorable Robert M. Dow, Jr. on 2/26/2020. Mailed notice(cdh, )
February 21, 2020 Filing 82 AGREED ORDER. Signed by the Honorable Robert M. Dow, Jr. on 2/21/2020. Mailed notice(cdh, )
February 19, 2020 Filing 80 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. As discussed on the record, counsel to submit two proposed orders to the Court regarding 1) release of deposit held by the Clerk's Office and 2) dismissal of the case. Signed orders to follow. Mailed notice (cdh, )
February 3, 2020 Filing 79 MEMORANDUM OPINION AND ORDER. Signed by the Honorable Robert M. Dow, Jr. on 2/3/2020. Mailed notice(cdh, )
January 28, 2020 Filing 78 MINUTE entry before the Honorable Robert M. Dow, Jr: Counsel is reminded that pursuant to Local Rule 5.3(b), a notice of motion must accompany every motion, even if a motion is an agreed motion, so that it may be heard in open court in a timely manner if necessary. Attorney Ryan Moore's motion to withdraw as attorney for Novare National Settlement Service, LLC. #77 is granted. Attorney Ryan Frederick Moore terminated. Mailed notice (cdh, )
October 30, 2019 Filing 77 MOTION by Attorney Ryan Moore to withdraw as attorney for Novare National Settlement Service, LLC, Novare National Settlement Service, LLC. No party information provided (Moore, Ryan)
September 13, 2019 Filing 76 RULE 56 (A) Statement by Ken Heritage, LLC regarding motion for summary judgment #57 Amended Rule 56.1 Statement of Material Facts (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G Part 1, #7 Exhibit G Part 2, #8 Exhibit G Part 3, #9 Exhibit G Part 4, #10 Exhibit H, #11 Notice of Filing)(Sweis, David)
September 10, 2019 Filing 75 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held on motion to amend/correct #72 is granted without objection.Mailed notice (cdh, )
August 30, 2019 Filing 74 NOTICE of Correction re #72 (bg, )
August 29, 2019 Filing 73 RE-Notice of Motion NOTICE of Motion by David R. Sweis for presentment of motion for summary judgment #59 before Honorable Robert M. Dow Jr. on 9/10/2019 at 09:15 AM. (Sweis, David)
August 29, 2019 Filing 72 MOTION to amend Rule 56.1 Statement of Material Facts (Attachments: #1 NOM)(Sweis, David) (Docket text modified by Clerk's Office) Modified on 8/30/2019 (bg, ).
August 28, 2019 Filing 71 REPLY by Counter Claimant Lake Plaza Property Holding, LLC, Third Party Defendant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC to motion for summary judgment #59 (Mintzer, Rebekah)
August 28, 2019 Filing 70 REPLY by Ken Heritage, LLC to response to motion, #66 , MOTION by Third Party Defendants Ken Heritage, LLC, Elmhurst LLC, Plaintiff Ken Heritage, LLC, Interpleader Elmhurst LLC, Counter Defendant Ken Heritage, LLC for summary judgment #57 Reply in Support of Ken Heritage LLC's Motion For SJ (Attachments: #1 Notice of Filing)(Sweis, David)
August 2, 2019 Filing 69 RESPONSE by Interpleader Elmhurst LLC, Third Party Defendants Elmhurst LLC, Ken Heritage, LLC, Plaintiff Ken Heritage, LLC, Counter Defendant Ken Heritage, LLC to Rule 56 statement,, #61 of Lake Plaza Holding LLC (Sweis, David)
August 2, 2019 Filing 68 RESPONSE by Ken Heritage, LLC in Opposition to MOTION by Counter Claimant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC for summary judgment (CROSS) #59 (Attachments: #1 Exhibit Exhibit 1 to Response)(Sweis, David)
August 2, 2019 Filing 67 RESPONSE by Counter Claimant Lake Plaza Property Holding, LLC, Third Party Defendant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC to Rule 56 statement,, #60 (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B)(Mintzer, Rebekah)
August 2, 2019 Filing 66 RESPONSE by Lake Plaza Property Holding, LLC to MOTION by Third Party Defendants Ken Heritage, LLC, Elmhurst LLC, Plaintiff Ken Heritage, LLC, Interpleader Elmhurst LLC, Counter Defendant Ken Heritage, LLC for summary judgment #57 (Mintzer, Rebekah)
July 10, 2019 Filing 65 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion by Counter Claimant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC for leave to file excess pages instanter #62 is granted. Notice of motion date of 7/11/2019 is stricken. Mailed notice (cdh, )
July 2, 2019 Filing 64 NOTICE of Motion by Rebekah Susan Mintzer for presentment of motion for leave to file excess pages #62 before Honorable Robert M. Dow Jr. on 7/11/2019 at 09:15 AM. (Mintzer, Rebekah)
July 2, 2019 Filing 63 MINUTE entry before the Honorable Robert M. Dow, Jr: On July 1,2019, motion for leave to file excess pages instanter was not accompanied by a notice of presentment. Counsel is advised that a notice of of presentment must be filed within 14 days, as required by Local Rule 5.3. Mailed notice (cdh, )
July 1, 2019 Filing 62 MOTION by Counter Claimant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC for leave to file excess pages instanter (Mintzer, Rebekah)
July 1, 2019 Filing 61 RULE 56.1 Statement of Facts (Attachments: #1 Exhibit Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I Part 1, #11 Exhibit I Part 2, #12 Exhibit I Part 3, #13 Exhibit I Part 4, #14 Exhibit I Part 5, #15 Exhibit J, #16 Exhibit K, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O, #21 Exhibit P, #22 Exhibit Q, #23 Exhibit R, #24 Exhibit S, #25 Exhibit T, #26 Exhibit U, #27 Exhibit V)(Mintzer, Rebekah)
July 1, 2019 Filing 60 RULE 56 (c) and L.R. 56.1 Statement by Elmhurst LLC, Ken Heritage, LLC regarding motion for summary judgment #57 (Attachments: #1 Exhibit A - Dep Trans lake plaza, #2 Declaration B - Declaration Andrew Hallas, #3 Declaration C - Marshall Weisman, #4 Exhibit D - Dep Trans Ron Weisenhoffer, #5 Exhibit E - Answer to First Amended Complaint, #6 Exhibit F - lake plaza follow up questions, #7 Exhibit G - Leases 1 of 3, #8 Exhibit G - Leases 2 of 3, #9 Exhibit G - Leases 3 of 3, #10 Exhibit H - Email correspondence)(Sweis, David)
July 1, 2019 Filing 59 MOTION by Counter Claimant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC for summary judgment (CROSS) (Mintzer, Rebekah)
July 1, 2019 Filing 58 MEMORANDUM by Elmhurst LLC, Ken Heritage, LLC in support of motion for summary judgment #57 (Sweis, David)
July 1, 2019 Filing 57 MOTION by Third Party Defendants Ken Heritage, LLC, Elmhurst LLC, Plaintiff Ken Heritage, LLC, Interpleader Elmhurst LLC, Counter Defendant Ken Heritage, LLC for summary judgment (Sweis, David)
May 22, 2019 Filing 56 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Dispositive motion due 6/26/2019; response due 7/31/2019; reply due 8/28/2019; the Court will issue a ruling by mail. Mailed notice (cdh, )
May 21, 2019 Filing 55 ANSWER to amended complaint by Lake Plaza Property Holding, LLC(Mintzer, Rebekah)
April 16, 2019 Filing 54 NOTICE by All Plaintiffs re amended complaint, #53 (Sweis, David)
April 16, 2019 Filing 53 FIRST AMENDED complaint by Ken Heritage, LLC against Lake Plaza Property Holding, LLC, Novare National Settlement Service, LLC (Attachments: #1 Exhibit A - Purchase Contract, #2 Exhibit B - Assignment of Contract)(Sweis, David)
April 16, 2019 Filing 52 MINUTE entry before the Honorable Robert M. Dow, Jr: At he request of the parties, the status hearing set for 4/18/2019 is cancelled and reset to 5/22/2019 at 9:00 a.m. Motion for leave to file #48 is terminated as moot as it is superseded by motion to amend/correct #50 which is granted. Notice of motion date of 4/17/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )
April 12, 2019 Filing 51 RE- NOTICE of Motion by David R. Sweis for presentment of motion to amend/correct #50 before Honorable Robert M. Dow Jr. on 4/18/2019 at 09:00 AM. (Sweis, David)
April 12, 2019 Filing 50 MOTION by Plaintiff Ken Heritage, LLC to amend/correct Motion for Leave to file Amended Complaint (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Exhibit A)(Sweis, David)
April 5, 2019 Filing 49 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Counsel to re-notice the motion for leave to file an amended compliant and attach the document as an exhibit or attachment. Notice of motion date of 4/11 is stricken. Status hearing is set for 4/18/2019 at 9:00 a.m. Mailed notice (cdh, )
April 4, 2019 Filing 48 MOTION by Plaintiff Ken Heritage, LLC for leave to file Amended Complaint (Sweis, David)
April 4, 2019 Filing 47 NOTICE of Motion by David R. Sweis for presentment of before Honorable Robert M. Dow Jr. on 4/11/2019 at 09:15 AM. (Attachments: #1 Exhibit Motion for Leave to Amend Complaint)(Sweis, David)
March 26, 2019 Filing 46 MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the parties' joint status report, this case is set for further status hearing on 4/5/2019 at 9:00 a.m. Mailed notice (cdh, )
March 11, 2019 Filing 45 STATUS Report (Agreed Joint) by Lake Plaza Property Holding, LLC (Mintzer, Rebekah)
February 19, 2019 Filing 44 MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the agreed joint status report #43 , the Court accepts the parties' request for additional time to discuss settlement and directs counsel to file a revised joint status report by 3/11/2019. Mailed notice (cdh, )
February 13, 2019 Filing 43 STATUS Report (Agreed Joint) by Lake Plaza Property Holding, LLC (Mintzer, Rebekah)
January 24, 2019 Filing 42 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Counsel for third-party defendant was the only one who appeared.Joint status report is due by 2/13/2019. Mailed notice (cdh, )
December 3, 2018 Filing 41 MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiff's unopposed motion to extend discovery cutoff date #39 is granted. Fact discovery shall now close on 1/29/2019. Status hearing date of 12/4/2018 and notice of motion date of 12/6/2018 are stricken and no appearances are necessary on those dates; status hearing is reset to 1/24/2019 at 9:00 a.m. Mailed notice (cdh, )
November 29, 2018 Filing 40 NOTICE of Motion by David R. Sweis for presentment of extension of time #39 before Honorable Robert M. Dow Jr. on 12/6/2018 at 09:15 AM. (Sweis, David)
November 29, 2018 Filing 39 MOTION by Plaintiff Ken Heritage, LLC for extension of time (Sweis, David)
November 27, 2018 Filing 38 CERTIFICATE of Service by Plaintiff Ken Heritage, LLC Second Amended Notice of Deposition (Sweis, David)
November 5, 2018 Filing 37 CERTIFICATE of Service Subpoena Sent to Ronald Weissenhofer by David R. Sweis on behalf of Ken Heritage, LLC (Sweis, David)
October 3, 2018 Filing 36 MINUTE entry before the Honorable Robert M. Dow, Jr: Unopposed motion to extend discovery close deadline (60 days) #33 is granted. Status hearing is reset to 12/4/2018 at 9:00 a.m. Notice of motion date of 10/4/2018 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )
September 26, 2018 Filing 35 REGISTRY Deposit Information Form filed by Rebecca MacLaren for Defendant/Interpleader Cross-Complainant Novare National Settlement Service, LLC. (jh, )
September 26, 2018 BOND in the amount of $ 157,500.00, Receipt no. 4624210945 posted by Novare National Settlement Service, LLC (jn, )
September 24, 2018 Filing 34 Notice of Motion NOTICE of Motion by Marcus Hurlbert for presentment of extension of time #33 before Honorable Robert M. Dow Jr. on 10/4/2018 at 09:15 AM. (Hurlbert, Marcus)
September 24, 2018 Filing 33 MOTION by Plaintiff Ken Heritage, LLC for extension of time UNOPPOSED MOTION TO EXTEND THE DISCOVERY CLOSE DEADLINE (Hurlbert, Marcus)
August 28, 2018 Opinion or Order Filing 32 ORDER Signed by the Honorable Robert M. Dow, Jr. on 8/28/2018. Mailed notice(cdh, )
August 11, 2018 Filing 31 STIPULATION regarding status hearing,,, set/reset hearings,, #19 Stipulation for Deposit of Interpleader Funds (Loftus, Alexander)
July 17, 2018 Filing 30 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 10/4/2018 at 9:00 a.m. Oral motion to extend the discovery close date to and including 10/1/2018 is granted. Mailed notice (cdh, )
July 16, 2018 Filing 29 MINUTE entry before the Honorable Robert M. Dow, Jr: Motion of Rebecca MacLaren for leave to appear pro hac vice #24 is granted. Mailed notice (cdh, )
June 18, 2018 Filing 28 RESPONSE by Counter Claimant Lake Plaza Property Holding, LLC, Third Party Defendant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC to Plaintiff/Counter-Defendant's First Set of Requests to Admit Fact (Mintzer, Rebekah)
June 2, 2018 Filing 27 ATTORNEY Appearance for Defendant Novare National Settlement Service, LLC, ThirdParty Plaintiff Novare National Settlement Service, LLC by Ryan Frederick Moore (Moore, Ryan)
May 17, 2018 Filing 26 NOTICE by Ken Heritage, LLC re attorney appearance #25 (Hurlbert, Marcus)
May 17, 2018 Filing 25 ATTORNEY Appearance for Plaintiff Ken Heritage, LLC by Marcus Hurlbert (Hurlbert, Marcus)
May 17, 2018 Filing 24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14481731. (Loftus, Alexander)
May 16, 2018 Filing 23 ANSWER to Complaint with Jury Demand , THIRD party complaint by Novare National Settlement Service, LLC against Ken Heritage, LLC, Lake Plaza Property Holding, LLC, Elmhurst LLC . by Novare National Settlement Service, LLC (Loftus, Alexander)
May 16, 2018 Filing 22 ATTORNEY Appearance for Defendant Novare National Settlement Service, LLC by Alexander Nicholas Loftus (Loftus, Alexander)
May 1, 2018 Filing 21 NOTICE by Ken Heritage, LLC (Sweis, David)
April 30, 2018 Filing 20 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Counter Claimant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC. (Mintzer, Rebekah)
March 30, 2018 Filing 18 NOTICE by Ken Heritage, LLC (Sweis, David)
March 30, 2018 Filing 17 RESPONSE by Plaintiff Ken Heritage, LLC to counterclaim, #9 (Sweis, David)
March 28, 2018 Filing 19 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Mr. Sweis participates by telephone. Mandatory Rule 26(a)(1) disclosures due 4/30/2018. Fact discovery to be completed by 7/31/2018. A further status hearing is set for 7/17/2018 at 9:00 a.m. Parties anticipate an interpleader motion prior to the next hearing. If the parties reach agreement on the interpleader order, they may submit an agreed proposed order to Judge Dow's Proposed Order Box in Word format. Mailed notice (cdh, )
March 27, 2018 Filing 16 ATTORNEY Appearance for Counter Claimant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC by Rebekah Susan Mintzer (Mintzer, Rebekah)
March 27, 2018 Filing 15 ATTORNEY Appearance for Counter Claimant Lake Plaza Property Holding, LLC, Defendant Lake Plaza Property Holding, LLC by Barbara L. Yong (Yong, Barbara)
March 27, 2018 Filing 14 STATUS Report Joint by Ken Heritage, LLC (Sweis, David)
March 21, 2018 Filing 13 MINUTE entry before the Honorable Robert M. Dow, Jr:Motion for extension of time to answer #11 is granted. Notice of motion date of 3/22/2018 is stricken and no appearances are necessary on that date. Mailed notice (cdh, )
March 15, 2018 Filing 12 Notice of Motion NOTICE of Motion by David R. Sweis for presentment of motion for extension of time to file answer #11 before Honorable Robert M. Dow Jr. on 3/22/2018 at 09:15 AM. (Sweis, David)
March 15, 2018 Filing 11 MOTION by Plaintiff Ken Heritage, LLC for extension of time to file answer regarding counterclaim, #9 UNCONTESTEDMOTION FOR EXTENSION OF TIME (Sweis, David)
February 22, 2018 Filing 10 MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 3/28/2018 at 9:00 a.m. Mailed notice (cdh, )
February 21, 2018 Filing 9 COUNTERCLAIM filed by Lake Plaza Property Holding, LLC against Ken Heritage, LLC . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Rosemeyer, Mary)
February 21, 2018 Filing 8 ANSWER to Complaint by Lake Plaza Property Holding, LLC(Rosemeyer, Mary)
February 21, 2018 Filing 7 ATTORNEY Appearance for Defendant Lake Plaza Property Holding, LLC by Mary Ellen Rosemeyer (Rosemeyer, Mary)
January 18, 2018 SUMMONS Issued as to Defendant Novare National Settlement Service, LLC (jp, )
January 15, 2018 Filing 6 MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 2/22/2018 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. The parties are requested to file a joint status report at least two days prior to the initial status. For further details see the Court's website available at www.ilnd.uscourts.gov. Mailed notice (cdh, )
January 15, 2018 Filing 5 MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 2/21/2018 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. The parties are requested to file a joint status report at least two days prior to the initial status. For further details see the Court's website available at www.ilnd.uscourts.gov. Mailed notice (cdh, )
January 12, 2018 Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (cc, )
January 11, 2018 Filing 3 ATTORNEY Appearance for Plaintiff Ken Heritage, LLC by David R. Sweis Attorney Appearance (Sweis, David)
January 11, 2018 CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Young B. Kim. (daj, )
January 11, 2018 Filing 2 ATTORNEY Appearance for Plaintiff Ken Heritage, LLC by David R. Sweis (Sweis, David)
January 11, 2018 Filing 1 COMPLAINT filed by Ken Heritage, LLC ; Filing fee $ 400, receipt number 0752-13994197. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Civil Cover Sheet Civil Cover Sheet)(Sweis, David)

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Plaintiff: Ken Heritage, LLC
Represented By: David R. Sweis
Represented By: Marcus Hurlbert
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3rd party plaintiff: Novare National Settlement Service, LLC
Represented By: Ryan Frederick Moore
Represented By: Alexander Nicholas Loftus
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Defendant: Lake Plaza Property Holding, LLC
Represented By: Mary Ellen Rosemeyer
Represented By: Barbara L. Yong
Represented By: Rebekah Susan Mintzer
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3rd party defendant: Elmhurst LLC
Represented By: David R. Sweis
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