Atkore International et al v. Fay et al
| Atkore International, Atkore International Group and Allied Tube & Conduit Corporation |
| Linear Solutions, Inc. and Patrick Fay |
| 1:2018cv06308 |
| September 14, 2018 |
| US District Court for the Northern District of Illinois |
| Elaine E Bucklo |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 34 MINUTE entry before the Honorable Young B. Kim: Motion hearing held. For the reasons stated in open court, Plaintiffs' motion to compel #23 is further granted in part. As such, and in response to Defendants' request for additional time to supplement their answers, Defendants are ordered to supplement their answers to Fay Interrogatory Nos. 7 and 11, and Linear Solutions Interrogatory No. 10 by no later than November 15, 2018. As to Interrogatory No. 10, both Fay and Linear Solutions must respond to this in full. Defendants' answer to Interrogatory No. 10 must be treated as highly confidential and for attorneys' eyes only until further order of the court. In addition, this highly confidential information may not be used for purposes of third-party discovery until the assigned District Judge denies the pending motion to dismiss. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned District Judge. Mailed notice (ma,) |
| Filing 33 Supplement to Exhibit B to Motion to Compel (ECF 23-2) by Allied Tube & Conduit Corporation, Atkore International, Atkore International Group (Gordon, Kelley) |
| Filing 32 MINUTE entry before the Honorable Young B. Kim: Plaintiffs' motion to compel #23 is granted in part, denied in part, and entered and continued in part. The motion is denied as to Interrogatory Nos. 1 and 6 and Document Demand No. 7 served on Defendant Patrick Fay and Interrogatory No. 1 and Document Demand No. 10 served on Defendant Linear Solutions. The court understands Plaintiffs' concerns but the court cannot force Fay or Linear Solutions to give a different response solely because Plaintiffs do not agree with their responses. There is no indication that Defendants withheld any information based on any of their objections. The court finds that Defendants' responses to these requests are complete. However, the motion is granted as to Interrogatory Nos. 7 and 11 served on Fay. The court agrees with Plaintiffs that Fay unilaterally limited the scope of these interrogatories. Fay is ordered to supplement his answers to these two interrogatories by no later than November 13, 2018. The motion is entered and continued to the extent that the parties will be expected to focus their discussion at tomorrow's motion hearing on Document Demand No. 4 served on Fay and Interrogatory No. 10 served on Linear Solutions. Plaintiffs should be prepared to explain the relevance of these requests given that Defendants are not in the business of manufacturing electronic raceway products or conduits. Mailed notice (ma,) |
| Filing 31 NOTICE of Motion by Joseph L Kish for presentment of motion for leave to file #29 before Honorable Elaine E. Bucklo on 11/16/2018 at 09:30 AM. (Kish, Joseph) |
| Filing 30 SEALED EXHIBIT by Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group regarding MOTION by Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group for leave to file Under Seal #29 (Kish, Joseph) |
| Filing 29 MOTION by Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group for leave to file Under Seal (Kish, Joseph) |
| Filing 28 RESPONSE by Atkore International, Atkore International Group to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Patrick Fay #13 (Attachments: #1 Exhibit Exhibit A)(Kish, Joseph) Modified by the Clerk's Office on 11/8/2018 (gcy, ). |
| Filing 27 RE- NOTICE of Motion by Joseph L Kish for presentment of motion to compel, #23 before Honorable Young B. Kim on 11/9/2018 at 11:00 AM. (Kish, Joseph) |
| Filing 26 EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Young B. Kim Discovery Motion #23 .. Signed by Executive Committee on 11/6/18. (ek, ) |
| Filing 25 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's motion to compel defendants' responses to expedited discovery #23 is referred to the magistrate judge. Because Magistrate Judge Schenkier is on sabbatical, this case is referred to the Executive Committee for reassignment by lot to a newly-designated magistrate judge. Hearing previously set for 11/7/2018 is stricken, and is to be re-noticed before the assigned magistrate judge. Mailed notice. (mgh, ) |
| Filing 24 NOTICE of Motion by Joseph L Kish for presentment of motion to compel, #23 before Honorable Elaine E. Bucklo on 11/7/2018 at 09:30 AM. (Kish, Joseph) |
| Filing 23 MOTION by Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group to compel Defendants' Responses to Expedited Discovery (Attachments: #1 Exhibit to Motion to Compel, #2 Exhibit to Motion to Compel, #3 Exhibit to Motion to Compel)(Kish, Joseph) |
| Filing 22 MINUTE entry before the Honorable Elaine E. Bucklo: Agreed motion for extension of time to respond to defendants' motion to dismiss is granted. The Court extends the briefing schedule on defendants' motion to dismiss #13 as follows: Plaintiff to respond by 11/7/2018. Defendant to reply by 11/14/2018. Ruling before Honorable Elaine E. Bucklo on 11/21/2018 at 9:30 a.m. Mailed notice. (mgh, ) |
| Filing 21 Agreed NOTICE of Motion by Joseph L Kish for presentment of motion for extension of time to file response/reply, #20 , motion for extension of time to file response/reply #16 , motion for extension of time to file response/reply, #18 before Honorable Elaine E. Bucklo on 10/29/2018 at 09:30 AM. (Kish, Joseph) |
| Filing 20 MOTION by Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group for extension of time to file response/reply as to motion for extension of time to file response/reply, #18 Agreed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss (Kish, Joseph) |
| Filing 19 Agreed NOTICE of Motion by Joseph L Kish for presentment of (Kish, Joseph) |
| Filing 18 MOTION by Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group for extension of time to file response/reply Agreed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss (Kish, Joseph) |
| Filing 17 NOTICE of Motion by Joseph L Kish for presentment of motion for extension of time to file response/reply #16 before Honorable Elaine E. Bucklo on 10/29/2018 at 09:30 AM. (Kish, Joseph) |
| Filing 16 MOTION by Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group for extension of time to file response/reply to Defendant's Motion to Dismiss (Kish, Joseph) |
| Filing 15 APPENDIX in support of motion to dismiss by Defendant Patrick Fay (with Attachments A - J) (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C, #4 Exhibit Attachment D, #5 Exhibit Attachment E, #6 Exhibit Attachment F, #7 Exhibit Attachment G, #8 Exhibit Attachment H, #9 Exhibit Attachment I, #10 Exhibit Attachment J)(Porter, David) Modified on 10/18/2018 (ek, ). |
| Filing 14 MEMORANDUM of Law in Support of Motion to Dismiss by Defendant Patrick Fay (Porter, David) Modified on 10/18/2018 (ek, ). |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Patrick Fay (Attachments: #1 Notice of Filing with certificate of service)(Porter, David) |
| Filing 12 TRANSCRIPT OF PROCEEDINGS held on 9-26-18 before the Honorable Elaine E. Bucklo. Order Number: 32321, 32332. Court Reporter Contact Information: Sandra M. Mullin, Sandra_Mullin@ilnd.uscourts.gov, 312-554-8244. 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 10/30/2018. Redacted Transcript Deadline set for 11/9/2018. Release of Transcript Restriction set for 1/7/2019. (Mullin, Sandra) |
| Filing 11 MINUTE entry before the Honorable Elaine E. Bucklo: Temporary restraining order hearing held on 9/26/2018. Plaintiff's motion for entry of temporary restraining order and preliminary injunction #7 is entered and continued. Defendant's motion to dismiss is due 10/17/2018. Plaintiff's response is due 10/24/2018. Ruling before 10/31/2018 at 9:30 a.m. Mailed notice. (mgh, ) |
| Filing 10 CERTIFICATE of Service by Joseph L Kish on behalf of All Plaintiffs (Kish, Joseph) |
| Filing 9 ATTORNEY Appearance for Defendants Patrick Fay, Linear Solutions, Inc. by David Porter (Porter, David) |
| Filing 8 NOTICE of Motion by Joseph L Kish for presentment of motion for temporary restraining order, #7 before Honorable Elaine E. Bucklo on 9/26/2018 at 10:00 AM. (Kish, Joseph) |
| Filing 7 MOTION by Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group for temporary restraining order and Preliminary Injunction (Attachments: #1 Exhibit Exhibit A to Motion, #2 Exhibit Exhibit B to Motion)(Kish, Joseph) |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs (Kish, Joseph) |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and 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 following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (yap, ) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group by Kelley Stebbins Gordon (Gordon, Kelley) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Allied Tube & Conduit Corporation, Atkore International, Atkore International Group by Joseph L Kish (Kish, Joseph) |
| SUMMONS Issued as to Defendants Patrick Fay, Linear Solutions, Inc. (yt) |
| CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (acm) |
| Filing 2 CIVIL Cover Sheet (Kish, Joseph) |
| Filing 1 COMPLAINT filed by Atkore International, Allied Tube & Conduit Corporation, Atkore International Group; Filing fee $ 400, receipt number 0752-14950936. (Attachments: #1 Exhibit Exhibit A to Complaint, #2 Exhibit Exhibit B to Complaint, #3 Exhibit Exhibit C to Complaint, #4 Exhibit Exhibit D to Complaint)(Kish, Joseph) |
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