Morgan Stanley Smith Barney LLC v. Ouwenga et al
| Morgan Stanley Smith Barney LLC |
| Myron Hendrix, Michael Bruner, Ronald Ouwenga, Brian Thomas, Zachary Birkey and Jeff Schimmelpfennig |
| 1:2018cv06373 |
| September 19, 2018 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.
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| Filing 47 MINUTE entry before the Honorable Joan B. Gottschall: By request and agreement of the parties, the status hearing set for 11/16/18 is stricken and reset to 11/30/18 at 9:30 a.m. Mailed notice (mjc, ) |
| Filing 46 AGREED Protective Order Signed by the Honorable Joan B. Gottschall on 11/8/2018.Mailed notice(mjc, ) |
| Filing 45 MINUTE entry before the Honorable Joan B. Gottschall: Parties' joint motion for entry of agreed protective order #43 is granted. Enter order. Mailed notice (mjc, ) |
| Filing 44 AGREED Order Entered. Docket Entry No. #34 is modified as follows: Plaintiff shall have until November 28, 2018 to file its Response to Defendants' Motion to Dismiss and Defendants shall have until December 10, 2018 to file their Reply in Support of Motion to Dismiss. Defendants' Motion for Leave to File a Brief in Excess of 15 Pages (Dkt. No. #41 ) is granted. Plaintiff shall also be entitled to 18 pages in its Response to Defendants' Motion to Dismiss. Defendants are directed to file their brief instantor as a separate entry on the docket. Motion hearing set for 11/9/18 is stricken; no appearance required. Signed by the Honorable Joan B. Gottschall on 11/8/2018.Mailed notice(mjc, ) |
| Filing 43 MOTION by Plaintiff Morgan Stanley Smith Barney LLC for protective order Joint Motion (Momjian, Thomas) |
| Filing 42 NOTICE of Motion by Jason Brett Hirsh for presentment of motion for leave to file excess pages #41 before Honorable Joan B. Gottschall on 11/9/2018 at 09:30 AM. (Hirsh, Jason) |
| Filing 41 MOTION by Defendants Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas for leave to file excess pages (Hirsh, Jason) |
| Filing 40 MEMORANDUM by Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas in support of Motion to Dismiss for Failure to State a Claim #39 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hirsh, Jason) |
| Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas (Hirsh, Jason) |
| Filing 38 MINUTE entry before the Honorable Joan B. Gottschall: By request and agreement of the parties, the status hearing set for 11/2/18 is stricken and reset to 11/16/18 at 9:30 a.m.Mailed notice (mjc, ) |
| Filing 37 MINUTE entry before the Honorable Joan B. Gottschall: By request and agreement of the parties, the status hearing set for 10/26/18 is stricken and reset to 11/2/18 at 9:30 a.m.Mailed notice (mjc, ) |
| Filing 36 MAIL RETURNED, for document #31 sent to Christopher Coss returned as undeliverable, return to sender. Re-mailed to Coss & Momjian, LLP, 111 Presidential Boulevard, Suite 214, Bala Cynwyd, PA 19004. (ew, ) |
| Filing 35 AMENDED complaint by Morgan Stanley Smith Barney LLC against All Defendants (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Momjian, Thomas) |
| Filing 34 MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held on 10/12/2018. The parties reported on the progress of discovery. They will work to resolve or narrow outstanding issues before the next status conference. Counsel for the plaintiff stated that it intends to exercise its right to amend its complaint as a matter of course. Plaintiff shall file its amended complaint by 10/15/18. Defendants' motion to dismiss the original complaint #33 is denied as moot due to the anticipated amendment of the complaint. If an amended complaint is not filed, the motion to dismiss will be reinstated. Counsel for defendants informed the court that they intend to file a motion to dismiss the amended complaint. The motion to dismiss will be briefed as follows: motion due: 11/5/18; response due: 11/19/18; and reply due 12/3/18. Counsel need not notice a timely motion to dismiss for presentment. Status hearing set for 10/26/18 at 9:30 a.m. Mailed notice (mjc, ) |
| Filing 33 MOTION by Defendants Jeff Schimmelpfennig, Myron Hendrix, Brian Thomas, Zachary Birkey, Ronald Ouwenga, Michael Bruner to dismiss (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Hirsh, Jason) |
| Filing 32 TRANSCRIPT OF PROCEEDINGS held on September 28, 2018 before the Honorable Joan B. Gottschall. Order Number: 32356. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. 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 10/23/2018. Redacted Transcript Deadline set for 11/2/2018. Release of Transcript Restriction set for 12/31/2018. (Hanhardt, Joene) |
| Filing 31 MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held on 9/28/2018. Discussion held regarding a schedule for expedited initial discovery in anticipation of a preliminary injunction hearing. Defendant intends to file a motion to dismiss the complaint. If the motion is filed on or before 10/3/18, counsel need not notice it for presentment. The anticipated motion to dismiss will be briefed as follows: response due 10/15/18; reply due 10/22/18. The parties will propound an initial round of written discovery by 10/3/18. Responses to initial discovery requests due 10/10/18. As represented in open court, by 10/1/18, plaintiff will produce to defendants a complete copy of the code of conduct plaintiff seeks to enforce (Compl. Ex. E, ECF No. [1-5]). Status hearing set for 10/12/18 at 9:30 a.m. Mailed notice (mjc, ) |
| Filing 30 TRANSCRIPT OF PROCEEDINGS held on September 26, 2018 before the Honorable Joan B. Gottschall. Order Number: 32315, 32319. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. 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 10/19/2018. Redacted Transcript Deadline set for 10/29/2018. Release of Transcript Restriction set for 12/27/2018. (Hanhardt, Joene) |
| Filing 29 MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held on 9/26/2018. Argument on plaintiffs' motion for temporary restraining order. For the reasons stated in open court, plaintiff's motion for a temporary restraining order #4 is denied insofar as it seeks a temporary restraining order, and defendant's motion to strike reply or alternatively for leave to file a surreply #25 is granted in part and denied in part. Defendants shall file their proposed surreply instanter as separate entry on the docket. Plaintiff's oral motion for leave to conduct limited discovery for a preliminary injunction hearing is granted. The parties will confer on an agreed schedule for conducting expedited discovery and holding a preliminary injunction hearing. A status conference is set for 9/28/18 at 9:30 a.m. Mailed notice (mjc, ) |
| Filing 28 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Christopher Coss's application to appear pro hac vice #27 on behalf of the plaintiff is granted. Mailed notice (mjc, ) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14988993. (Coss, Christopher) |
| Filing 26 NOTICE of Motion by Gary Irwin Blackman for presentment of motion to strike #25 before Honorable Joan B. Gottschall on 9/26/2018 at 10:00 AM. (Blackman, Gary) |
| Filing 25 MOTION by Defendants Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas to strike reply, #22 (Blackman, Gary) |
| Filing 24 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Thomas J. Momjian's application to appear pro hac vice #23 on behalf of the plaintiff is granted. Mailed notice (mjc, ) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14984872. (Momjian, Thomas) |
| Filing 22 REPLY by Plaintiff Morgan Stanley Smith Barney LLC Memorandum of Law in Support of Morgan Stanley's Motion for a Temporary Restraining Order (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Santangelo, Jerry) |
| Filing 21 SUPPLEMENT to supplement #7 Second Supplemental Affidavit of Octoberr Walter (Santangelo, Jerry) |
| Filing 19 MINUTE entry before the Honorable Joan B. Gottschall: Defendants' motion for leave to exceed the page limit in their 9/21/18 memorandum and dispense with a table of contents and table of cases #17 is granted. Defendants' memorandum filed 9/21/18 #16 is deemed filed with leave of court. Mailed notice (mjc, ) |
| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held. Temporary Restraining Order hearing held and continued. Initial arguments heard from counsel for plaintiff and counsel for defendants on plaintiff's motion for a temporary restraining order and preliminary injunction #4 . As discussed in open court, defendant's motion to strike or continue plaintiff's emergency motion for TRO hearing scheduled for September 21, 2018 #12 is granted in part and denied in part. The parties intend to proceed on the papers on the motion for TRO. A hearing for oral argument on the motion for temporary restraining order #4 is set for 9/26/18 at 10:00 a.m. Plaintiff's reply brief is due on 9/24/18 by the close of business. Mailed notice (mjc, ) |
| Filing 18 NOTICE of Motion by Jason Brett Hirsh for presentment of motion for leave to file excess pages #17 before Honorable Joan B. Gottschall on 9/26/2018 at 10:00 AM. (Hirsh, Jason) |
| Filing 17 MOTION by Defendants Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas for leave to file excess pages (Hirsh, Jason) |
| Filing 16 MEMORANDUM by Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas in Opposition to motion for temporary restraining order #4 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hirsh, Jason) |
| Filing 15 MINUTE entry before the Honorable Joan B. Gottschall: Defendants' motion to continue #13 will be heard at 10:00 a.m. on 9/21/18 along with plaintiff's motion for temporary restraining order. Mailed notice (mjc, ) |
| Filing 14 AFFIDAVIT of Frank Dorcak (Santangelo, Jerry) |
| Filing 13 NOTICE of Motion by Gary Irwin Blackman for presentment of motion to continue #12 before Honorable Joan B. Gottschall on 9/21/2018 at 10:00 AM. (Blackman, Gary) |
| Filing 12 MOTION by Defendants Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas to continue or Strike Plaintiff's Emergency Motion for TRO Hearing (Blackman, Gary) |
| Filing 11 ATTORNEY Appearance for Defendants Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas by Jamie Lynn Burns (Burns, Jamie) |
| Filing 10 ATTORNEY Appearance for Defendants Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas by Jason Brett Hirsh (Hirsh, Jason) |
| Filing 9 ATTORNEY Appearance for Defendants Zachary Birkey, Michael Bruner, Myron Hendrix, Ronald Ouwenga, Jeff Schimmelpfennig, Brian Thomas by Gary Irwin Blackman (Blackman, Gary) |
| Filing 8 MINUTE entry before the Honorable Joan B. Gottschall: The TRO hearing is set for 9/21/18 at 10:00 a.m. Mailed notice (mjc, ) |
| Filing 7 SUPPLEMENT to affidavit #3 of Octoberr Walter (Santangelo, Jerry) |
| Filing 6 CIVIL Cover Sheet (Santangelo, Jerry) |
| Filing 5 RULE 7.1 Disclosure Statement by Plaintiff Morgan Stanley Smith Barney LLC for disclosure Rule 7.1 Disclosure Statement (Santangelo, Jerry) |
| Filing 4 MOTION by Plaintiff Morgan Stanley Smith Barney LLC for temporary restraining order and Preliminary Injunction (Santangelo, Jerry) |
| Filing 3 AFFIDAVIT of Octoberr Walter (Santangelo, Jerry) |
| Filing 2 AFFIDAVIT of June Buzan (Santangelo, Jerry) |
| Filing 1 COMPLAINT filed by Morgan Stanley Smith Barney LLC; Filing fee $ 400, receipt number 0752-14964053. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Santangelo, Jerry) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (lma, ) |
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