Duron v. Loews COH Operating Company, LLC et al
| Joseph Duron |
| Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc., Unifocus, LLC and Unifocus (Texas), L.P. |
| 1:2018cv06479 |
| September 24, 2018 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Martha M Pacold |
| Maria Valdez |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| Both |
Docket Report
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This docket was last retrieved on August 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 193 REPLY by Defendant Unifocus (Texas), L.P. to motion for miscellaneous relief #180 (Doran, Brett) |
| Filing 192 RESPONSE by Defendant Unifocus (Texas), L.P. to Rule 56 statement,, #189 (Attachments: #1 Exhibit 1)(Doran, Brett) |
| Filing 191 REPLY by Defendant Unifocus (Texas), L.P. to motion for summary judgment #181 (Doran, Brett) |
| Filing 190 RESPONSE by Joseph Duronin Opposition to MOTION by Defendant Unifocus (Texas), L.P. for summary judgment #181 (Marrese, John) |
| Filing 189 RULE 56 56(a)/LR 56.1(b) Statement by Joseph Duron regarding motion for summary judgment #181 Response to Defendant's Statement of Facts and Plaintiff's Statement of Additional Material Facts (Attachments: #1 Exhibit 1 - Answer to Interrogatories, #2 Exhibit 2 - Sullivan 30b6 Dep, #3 Exhibit 3 - Caruso Report, #4 Exhibit 4 - Sullivan 30b1 Dep, #5 Exhibit 5 - Email, #6 Exhibit 6 - SDK, #7 Exhibit 7 - UareU Reader, #8 Exhibit 8 - Understanding the biometric reader, #9 Exhibit 9 - Registration Steps, #10 Exhibit 10 - Enrolling, #11 Exhibit 11 - Caruso Dep, #12 Exhibit 12 - Duron Dep, #13 Exhibit 13 - Privacy Policy)(Marrese, John) |
| Filing 188 RESPONSE by Joseph Duronin Opposition to MOTION by Defendant Unifocus (Texas), L.P. to Exclude Testimony the Opinions and Testimony of Plaintiff's Profferered Expert Joseph Caruso #180 (Attachments: #1 Exhibit 1 - Caruso Report, #2 Exhibit 2 - Caruso Trial Testimony, #3 Exhibit 3 - Caruso Deposition, #4 Exhibit 4 - SDK, #5 Exhibit 5 - Sullivan 30b1 Dep)(Marrese, John) |
| Filing 187 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's motion for an extension of time #186 is granted. Plaintiff's responses to Defendants' Daubert motion #180 , and motion for summary judgment #181 are due by 7/7/2023. Defendants' replies are due by 8/4/2023. (rao, ) |
| Filing 186 MOTION by Plaintiff Joseph Duron for extension of time to respond to motion for summary judgment and Daubert brief (Marrese, John) |
| Filing 185 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff's response to Defendant Unifocus (Texas), L.P.'s Daubert motion to exclude the opinions and testimony of Plaintiff's expert #180 is due by 6/2/2023. Defendant's reply is due by 6/23/2023. Plaintiff is granted leave to file an oversized brief of up to 21 pages in response to Defendant's motion for summary judgment, #181 . The briefing schedule on defendant's motion for summary judgment previously set by the court stands. See #171 . (rao, ) |
| Filing 184 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to submit by 5/11/2023 an agreed briefing schedule on the motion to exclude expert opinions and testimony #180 to Proposed_Order_Pacold@ilnd.uscourts.gov. (rao, ) |
| Filing 183 MEMORANDUM by Unifocus (Texas), L.P. in support of motion for summary judgment #181 (Doran, Brett) |
| Filing 182 STATEMENT by Defendant Unifocus (Texas), L.P.in Support of MOTION by Defendant Unifocus (Texas), L.P. for summary judgment #181 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Doran, Brett) |
| Filing 181 MOTION by Defendant Unifocus (Texas), L.P. for summary judgment (Doran, Brett) |
| Filing 180 MOTION by Defendant Unifocus (Texas), L.P. to Exclude Testimony the Opinions and Testimony of Plaintiff's Profferered Expert Joseph Caruso (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Doran, Brett) |
| Filing 179 MINUTE entry before the Honorable Martha M. Pacold: Defendant's unopposed motion for leave to file an oversized brief #178 is granted. If either party intends to request leave to file excess pages for the response or reply to Defendant's motion for summary judgment, the parties are directed to meet and confer and submit an agreed proposal regarding the page limits the parties seek by 5/11/2023. (rao, ) |
| Filing 178 MOTION by Defendant Unifocus (Texas), L.P. for leave to file Memorandum of Law In Support of Motion for Summary Judgment in Excess of Fifteen Pages (Unopposed) (Doran, Brett) |
| Filing 177 MINUTE entry before the Honorable Martha M. Pacold: Defendant's motion regarding scheduling #171 is granted. Deadline for dispositive motions on individual claims is 5/5/2023. Response brief to any individual dispositive motions will be due 28 days after the motion is filed. Reply brief in support of dispositive motions on individual claims will be due 21 days after the response is filed. The deadline for dispositive motions on class claims will be 45 days after the Court rules on the motion to certify a class, #141 , if a class is certified. Response brief to any dispositive motions on class claims will be due 28 days after the motion is filed. Reply brief in support of dispositive motions on class claims will be due 21 days after the response is filed. (rao, ) |
| Filing 176 REPLY by Unifocus (Texas), L.P. to MOTION by Defendant Unifocus (Texas), L.P. Regarding Scheduling #171 (Doran, Brett) |
| Filing 175 RESPONSE by Joseph Duronin Opposition to MOTION by Defendant Unifocus (Texas), L.P. Regarding Scheduling #171 (Marrese, John) |
| Filing 174 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the parties' joint status report. Plaintiff's response to defendants' motion regarding scheduling deadlines, #171 , is due by 4/10/2023. Defendants' reply is due by 4/14/2023. Emailed notice. (cdh, ) |
| Filing 173 STATUS Report Joint Status Report by Joseph Duron (Marrese, John) |
| Filing 172 MINUTE entry before the Honorable Martha M. Pacold: The court has received defendants' opposed motion regarding scheduling deadlines. #171 . Plaintiff's response is due by 4/6/2023. Defendants' reply is due by 4/11/2023. (rao, ) |
| Filing 171 MOTION by Defendant Unifocus (Texas), L.P. Regarding Scheduling (Doran, Brett) |
| Filing 170 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file a joint status report by 4/5/2023. (rao, ) |
| Filing 169 MINUTE entry before the Honorable Maria Valdez: The Court has reviewed the parties' joint status report #168 . The parties advise that expert discovery has been completed. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Mailed notice (lp, ) |
| Filing 168 STATUS Report (Joint) by Unifocus (Texas), L.P. (Doran, Brett) |
| Filing 167 MINUTE entry before the Honorable Maria Valdez: The Court has reviewed the parties' joint status report #166 . Per the parties' request, the deadline for filing dispositive motions is extended to 5/5/23. The parties are to file a further joint status report on discovery by 3/23/23. Mailed notice (lp, ) |
| Filing 166 STATUS Report (Joint) by Unifocus (Texas), L.P. (Doran, Brett) |
| Filing 165 NOTICE by Steven Alan Hart of Change of Address (Hart, Steven) |
| Filing 164 NOTICE by John Shannon Marrese of Change of Address (Marrese, John) |
| Filing 163 MINUTE entry before the Honorable Martha M. Pacold: Defendant's motion to file surreply instanter #162 is granted. (rao, ) |
| Filing 162 MOTION by Defendant Unifocus (Texas), L.P. to file instanter a Surreply in Further Opposition to Plaintiff 's Motion for Class Certification (Attachments: #1 Exhibit 1)(Doran, Brett) |
| Filing 161 MINUTE entry before the Honorable Maria Valdez: The Court has reviewed the parties' joint status report #160 . The parties are to file a further joint status report on discovery by 2/21/23. Mailed notice (lp, ) |
| Filing 160 STATUS Report JOINT STATUS REPORT by Joseph Duron (Marrese, John) |
| Filing 159 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 158 REPLY by Joseph Duron to MOTION by Plaintiff Joseph Duron to certify class #141 , response in opposition to motion,, #153 Plaintiff's Reply in Support of Motion for Class Certification (Attachments: #1 Exhibit 1 - Defendant's Rule 26 Disclosures)(Marrese, John) |
| Filing 157 MINUTE entry before the Honorable Maria Valdez: Plaintiff's Motion for Three-Day Extension #156 is granted. Plaintiff's reply in support of his motion for class certification is now due 12/26/22. Additionally, the parties did not file a joint status report by 12/21/22 as ordered #151 . The parties shall file a joint status report on discovery by 12/29/22. Mailed notice (lxs, ) |
| Filing 156 MOTION by Plaintiff Joseph Duron for extension of time Three-Day Extension to File Reply Brief (from December 23, 2022, to December 26, 2022) (Marrese, John) |
| Filing 155 MINUTE entry before the Honorable Maria Valdez: Plaintiff's Joint/Agreed Motion for One-Week Extension of Deadlines #154 is granted. The Court enters the following amended schedule: Plaintiff's reply in support of his motion for class certification is due by 12/23/22; Plaintiff's experts shall be deposed by 1/20/23; Defendant's expert disclosures are due by 2/20/23; and Defendant's experts shall be deposed by 3/20/23. Mailed notice (lp, ) |
| Filing 154 MOTION by Plaintiff Joseph Duron for extension of time AGREED/JOINT Motion for 7-Day Extension of Reply Brief and Other Case Deadlines (Marrese, John) |
| Filing 153 RESPONSE by Unifocus (Texas), L.P.in Opposition to MOTION by Plaintiff Joseph Duron to certify class #141 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Doran, Brett) |
| Filing 152 MINUTE entry before the Honorable Martha M. Pacold: Defendants' unopposed motion for leave to file a response in excess of fifteen pages #149 is granted. (rao, ) |
| Filing 151 MINUTE entry before the Honorable Maria Valdez: The Court has reviewed the parties' joint status report #150 . The parties are to file a further joint status report on discovery by 12/21/22. Mailed notice (lp, ) |
| Filing 150 STATUS Report Joint Status Report by Joseph Duron (Hart, Steven) |
| Filing 149 MOTION by Defendant Unifocus (Texas), L.P. for leave to file - Defendant's Unopposed Motion for Leave to File a Response in Excess of Fifteen Pages (Doran, Brett) |
| Filing 148 MINUTE entry before the Honorable Maria Valdez: The Court has reviewed the parties' joint status report #147 . Per the parties' request, the Court enters the following amended schedule: Defendant's response to Plaintiff's motion for class certification is due by 11/16/22; Plaintiff's reply in support of his motion for class certification is due by 12/16/22; Plaintiff's expert disclosures are due by 12/12/22; Plaintiff's experts shall be deposed by 1/13/23; Defendant's expert disclosures are due by 2/13/23; and Defendant's experts shall be deposed by 3/13/23. The parties are to file a further joint status report on discovery by 11/9/22. Mailed notice (lp, ) |
| Filing 147 STATUS Report /Joint Status Report by Unifocus (Texas), L.P. (Doran, Brett) |
| Filing 146 MINUTE entry before the Honorable Maria Valdez: Plaintiff's Motion for Extension of Time #145 is granted. Fact discovery is hereby extended until 11/7/22 for the sole purpose of Plaintiff obtaining compliance with its third-party subpoenas. All other discovery deadlines are to stand. Mailed notice (lp, ) |
| Filing 145 MOTION by Plaintiff Joseph Duron for extension of time to complete fact discovery (third-party subpoena compliance) (Marrese, John) |
| Filing 144 MINUTE entry before the Honorable Martha M. Pacold: Defendants Loews COH Operating Company, LLC and Loews Chicago Hotel's motion to withdraw the appearance of David M. Friebus #134 is granted. Attorney David Michael Friebus terminated. (rao, ) |
| Filing 143 MINUTE entry before the Honorable Maria Valdez: The Court has reviewed the parties' joint status report #142 . Per the parties' suggestion, the Court enters a shortened briefing schedule on Plaintiff's Motion for Class Certification #141 . Specifically, Defendant's response is now due by 10/24/22 and Plaintiff's reply is due by 11/21/22. Mailed notice (lp, ) |
| Filing 142 STATUS Report - Joint by Unifocus (Texas), L.P. (Doran, Brett) |
| Filing 141 MOTION by Plaintiff Joseph Duron to certify class Responses due by 11/16/2022 (Attachments: #1 Exhibit 1 - Transcript of Unifocus 30(b)(6) Deposition, #2 Exhibit 2 - Transcript of Joseph Sullivan Deposition, #3 Exhibit 3 - U.are.U Reader Usage and Care Guidelines, #4 Exhibit 4 - Understanding the Biometric Reader (Document), #5 Exhibit 5 - Enrolling Employees in the Unifocus Time Clock (Touch Screen), #6 Exhibit 6 - Enrolling Employees in the Time Clock (Document), #7 Exhibit 7 - Transcript of Deposition of Mark Heymann, #8 Exhibit 8 - Transcript of Deposition of Plaintiff Joseph Duron, #9 Exhibit 9 - Declaration of John Shannon Marrese, #10 Exhibit 10 - Declaration of Steven Alan Hart, #11 Exhibit 11 - Unifocus Privacy Policy (as of 2019))(Marrese, John) |
| Filing 140 MINUTE entry before the Honorable Maria Valdez: The Court has reviewed the parties' joint status report #139 . The parties are to file a further joint status report on discovery by 10/7/22. Mailed notice (lp, ) |
| Filing 139 STATUS Report Joint Status Report by Joseph Duron (Marrese, John) |
| Filing 138 MINUTE entry before the Honorable Maria Valdez: Hearing held on Plaintiff's Motion to Compel Written Discovery from Unifocus #126 . For the reasons stated by the Court at the hearing, Plaintiff's motion to compel is denied. Plaintiff's motion involves a previous class action settlement in another case in this District, Bryant v. Loews Chicago Hotel, Inc., et al., No. 1:19-cv-03195 (Hon. Charles Norgle). That case involved BIPA class action claims against Plaintiff's former employer, Loews Hotel in Chicago, which utilized a biometric timekeeping system provided by the Defendant here, Unifocus. A class action settlement was reached and approved in Bryant, and Unifocus was included in a release in the settlement agreement. In this case, Unifocus has asserted an affirmative defense that Plaintiff's claims are barred in whole or in part based on the settlement agreement and release in Bryant. Plaintiff maintains that Unifocus obtained its release in Bryant surreptitiously, and has requested that Unifocus identify (Interrogatory No. 12) and produce (Request for Production No. 23) any communications between Unifocus and Loews concerning the settlement agreement in Bryant. In his motion, Plaintiff states that he intends to challenge Unifocus' affirmative defense on the grounds that the notice provided in Bryant was inadequate, Unifocus is estopped from using the Bryant settlement to bar Plaintiff's claims here, and the Bryant release does not shield Unifocus as it was not specifically included in the settlement agreement. Crucially, though Plaintiff broadly contends that he is entitled to discovery regarding the circumstances of the Bryant settlement agreement, Plaintiff has not cogently explained why he would need to discover the sought-after communications to raise any of the challenges to the affirmative defense that he identifies. As such, the Court finds that Plaintiff's disputed discovery requests amount to an unwarranted fishing expedition. Plaintiff's Motion for Extension of Time #136 is granted in part and denied in part. The deadline for the completion of fact discovery is extended four weeks to 10/6/22. The deadline for Plaintiff to move for class certification is extended four weeks to 9/7/22. Defendant's response to Plaintiff's motion for certification is due by 11/16/22 and Plaintiff's reply is due by 12/16/22. As discussed at the hearing, if defense counsel's trial settles, the parties are to file a joint status report setting forth a proposed shortened schedule for the class certification briefing. The parties are to file a joint status report on discovery no later than 9/1/22. Mailed notice. (jj, ) |
| Filing 137 RESPONSE by Unifocus (Texas), L.P.in Opposition to MOTION by Plaintiff Joseph Duron for extension of time of class certification and fact discovery deadlines #136 (Doran, Brett) |
| Filing 136 MOTION by Plaintiff Joseph Duron for extension of time of class certification and fact discovery deadlines (Marrese, John) |
| Filing 135 MINUTE entry before the Honorable Maria Valdez: The remote hearing on Plaintiff's Motion to Compel Written Discovery from Unifocus #126 which was set for 8/9/22 at 2:00 p.m. is stricken. The remote hearing is reset to 8/11/22 at 1:00 p.m. The Webex link will be sent directly to participating counsel. Emailed notice (yt) |
| Filing 134 MOTION by Attorney David M. Friebus to withdraw as attorney for Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc.. No party information provided (Friebus, David) |
| Filing 133 Agreed Request for Different Hearing Date by Joseph Duron (Marrese, John) |
| Filing 132 MINUTE entry before the Honorable Maria Valdez: Remote hearing on Plaintiff's Motion to Compel Written Discovery from Unifocus #126 is set for 8/9/22 at 2:00 p.m. The Webex link will be sent directly to participating counsel, and they are to advise chambers as soon as possible if their contact information changes before the hearing. Emailed notice (yt) |
| Filing 131 REPLY by Joseph Duron to MOTION by Plaintiff Joseph Duron to compel responses to written discovery from Unifocus #126 , response in opposition to motion, #130 (Marrese, John) |
| Filing 130 RESPONSE by Unifocus (Texas), L.P.in Opposition to MOTION by Plaintiff Joseph Duron to compel responses to written discovery from Unifocus #126 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Doran, Brett) |
| Filing 129 STATUS Report Joint Status Report by Joseph Duron (Marrese, John) |
| Filing 128 MINUTE entry before the Honorable Maria Valdez: The parties did not file a joint status report by 7/18/22 as ordered #124 . The parties are to file a joint status report by 7/20/22. Mailed notice (ber, ) |
| Filing 127 MINUTE entry before the Honorable Maria Valdez: Defendant's response to Plaintiff's Motion to Compel Written Discovery From Unifocus #126 is due by 7/26/22 and Plaintiff's reply is due by 8/2/22. Mailed notice (lp, ) |
| Filing 126 MOTION by Plaintiff Joseph Duron to compel responses to written discovery from Unifocus (Attachments: #1 Exhibit 1 - Bryant Settlement Agreement, #2 Exhibit 2 - Bryant Preliminary Approval Filing, #3 Exhibit 3 - Bryant Final Approval Filing, #4 Exhibit 4 - Bryant Class Notice, #5 Exhibit 5 - Unifocus Answers to Plaintiff's Interrogatories, #6 Exhibit 6 - Unifocus Responses to Plaintiff's RFPs)(Marrese, John) |
| Filing 125 TRANSCRIPT OF PROCEEDINGS held on 9/27/21 before the Honorable Martha M. Pacold. Order Number: 43446. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. 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 7/7/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/14/2022. (Fennell, Kathleen) |
| Filing 124 MINUTE entry before the Honorable Maria Valdez: The Court is in receipt of the parties Joint Status Report #123 . Per the parties' request, the Court extends the deadline for Plaintiff's motion for class certification and sets the following briefing schedule: Plaintiff's motion for class certification is due by 8/10/22, Defendant's response is due by 9/23/22, and Plaintiff's reply is due by 10/18/22. The parties are to file a joint status report by 7/18/22 detailing their discovery progress and the prospects of settlement. Mailed notice (lp, ) |
| Filing 123 STATUS Report Joint Status Report pursuant to Dkt. #122 by Joseph Duron (Marrese, John) |
| Filing 122 MINUTE entry before the Honorable Maria Valdez: The parties are ordered to file a joint status report no later than 5/27/22 advising discovery progress and the prospects of settlement. Mailed notice (lp, ) |
| Filing 121 ATTORNEY Appearance for Defendant Unifocus (Texas), L.P. by Scott Dorsett (Dorsett, Scott) |
| Filing 120 AGREED Confidentiality Order. Signed by the Honorable Maria Valdez on 5/9/2022: Mailed notice (lp, ) |
| Filing 119 MINUTE entry before the Honorable Maria Valdez: The parties' Joint Motion for Entry of Agreed Confidentiality Order #118 is granted. Mailed notice (lp, ) |
| Filing 118 MOTION by Defendant Unifocus (Texas), L.P. for protective order [JOINT (Doran, Brett) |
| Filing 117 STATUS Report Joint Status Report by Joseph Duron (Marrese, John) |
| Filing 116 MINUTE entry before the Honorable Maria Valdez: The parties are to file a further status report no later than 4/22/22. If they wish to begin the process of scheduling a settlement conference at any time prior to that date, they may advise the Court. Mailed notice (lp, ) |
| Filing 115 STATUS Report Joint Status Report by Joseph Duron (Marrese, John) |
| Filing 114 MINUTE entry before the Honorable Maria Valdez: The Court is in receipt of the parties' Joint Status Report #113 . The parties are to file a joint status report by 3/16/22 detailing their discovery progress and the prospects of settlement. Mailed notice (lp, ) |
| Filing 113 STATUS Report Joint Status Report Pursuant to Dkt. #111 by Joseph Duron (Marrese, John) |
| Filing 112 ANSWER to amended complaint by Unifocus (Texas), L.P.(Doran, Brett) |
| Filing 111 MINUTE entry before the Honorable Maria Valdez: The Court adopts the schedule proposed by the parties. Defendant's answer to the operative complaint is due 11/5/21; the deadline for Rule 26(a)(1) disclosures is 11/19/21; the deadline for amendment to the pleadings without leave of Court is 12/13/21; the deadline for Plaintiff's motion for class certification is 6/2/22; fact discovery is to be completed by 9/8/22; Plaintiff must disclose his expert report(s) by 10/12/22; depositions of Plaintiff's experts must be completed by 11/14/22; Defendant must disclose its expert report(s) by 12/16/22; depositions of Defendant's experts must be completed by 1/27/23; and dispositive motions are due by 2/28/23. The parties are to file a joint status report no later than 12/16/21 detailing their discovery progress and the prospects of settlement. Mailed notice (lp, ) |
| Filing 110 STATUS Report & Joint Proposed Discovery Schedule by Joseph Duron (Marrese, John) |
| Filing 109 MINUTE entry before the Honorable Martha M. Pacold: Telephonic motion hearing held on 9/27/2021. Defendant Unifocus (Texas), L.P.'s motion to dismiss the second amended complaint #64 is denied for the reasons stated on the record. The parties are directed to confer and file a joint status report by 10/8/2021. The status report should include a date for the defendant to answer and a proposed schedule for the case going forward. (rao, ) |
| Filing 108 MINUTE entry before the Honorable Martha M. Pacold: Parties' request to reset the motion hearing is granted. Motion hearing on Defendants' motion to dismiss #64 set for 9/21/201 is stricken and reset to 9/27/2021 at 9:30 a.m. Dial toll-free call-in number (888) 684-8852; followed by the conference access code: 9482028#. (rao, ) |
| Filing 107 MINUTE entry before the Honorable Martha M. Pacold: Motion hearing on Defendant's motion to dismiss #64 set for 9/21/2021 at 10:00 a.m. Dial toll-free call-in number (888) 684-8852; followed by the conference access code: 9482028#. (rao, ) |
| Filing 106 MINUTE entry before the Honorable Martha M. Pacold:The court has received the Local Rule 78.5 Request for Status of Ruling on Motion #105 . The court has the motion to dismiss for failure to state a claim #64 under advisement and will rule by mail. (rao, ) |
| Filing 105 Local Rule 78.5 Request for Status of Ruling on Motion by Joseph Duron (Marrese, John) |
Filing 104
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket)
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Filing 103
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket5, )
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Filing 102
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket3, )
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| Filing 101 MINUTE entry before the Honorable Maria Valdez: Pursuant to the Northern District of Illinois' Second Amended General Order 20-0012, the status hearing set for 4/23/20 is hereby stricken and will be reset at a later date. Mailed notice (lp, ) |
| Filing 100 MINUTE entry before the Honorable Martha M. Pacold:The status hearing set for 4/16/2020 is stricken. The Court will rule by mail on Defendants' motion to dismiss #64 . (rao, ) |
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Filing 99
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket2, )
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Filing 98
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (td, )
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| Filing 97 MINUTE entry before the Honorable Maria Valdez: In order to reduce the number of in-court appearances, the status hearing set for 3/26/20 is reset to 4/23/20 at 10:00 a.m. on the Court's own motion. If the parties feel an earlier hearing is necessary, they may file a motion for status. The Court expects the parties to be mindful of the scheduling orders in place and to proceed with discovery in a timely manner. Mailed notice (lp, ) |
| Filing 96 ATTORNEY Appearance for Defendant Unifocus (Texas), L.P. by Thomas Sotos (Sotos, Thomas) |
| Filing 95 ATTORNEY Appearance for Defendant Unifocus (Texas), L.P. by Brett Michael Doran (Doran, Brett) |
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Filing 94
ORDER: Unopposed motion for leave to withdraw and substitute appearances for defendant Unifocus (Texas), L.P. #92 is granted. Charles R. Franklin, Craig Michael Capilla, and Allie K. Haling of the law firm Franklin Law Group and Matthew K. Davis and Scott R. Meyer of the law firm Jones, Davis & Jackson, P.C. are granted leave to withdraw their appearances. Brett M. Doran and Thomas J. Sotos of the law firm Greenberg Traurig, LLP are granted leave to file their appearances on behalf of Unifocus (Texas), L.P. The motion hearing set for 3/17/2020 is stricken. Signed by the Honorable Martha M. Pacold on 3/11/2020. Mailed notice (mc, )
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| Filing 93 NOTICE of Motion by Craig Michael Capilla for presentment of motion to withdraw as attorney #92 before Honorable Martha M. Pacold on 3/17/2020 at 09:30 AM. (Capilla, Craig) |
| Filing 92 MOTION by Attorney Capilla to withdraw as attorney for Unifocus (Texas), L.P.. No party information provided (Capilla, Craig) |
| Filing 91 MINUTE entry before the Honorable Maria Valdez: Defendant's Motion to Amend and Correct Its In-Court Misstatements #89 is granted. Presentment date of 2/4/20 is stricken. The Court further finds that even in light of the clarification, there is no reason to lift the stay of discovery entered by the District Judge pending resolution of the motion to dismiss. Mailed notice (lp, ) |
| Filing 90 NOTICE of Motion by Allie K Haling for presentment of (Haling, Allie) |
| Filing 89 MOTION by Defendant Unifocus (Texas), L.P. to amend/correct Its In-Court Misstatements (Haling, Allie) |
| Filing 88 MINUTE entry before the Honorable Maria Valdez: Magistrate Judge status hearing held on 1/28/20 and continued to 3/26/20 at 10:00 a.m. Parties are encouraged to engage in meaningful settlement discussions. Mailed notice (lp, ) |
| Filing 87 SUPPLEMENT to response in opposition to motion #75 NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit 1 - Neals Opinion, #2 Exhibit 2 - Campos Opinion, #3 Exhibit 3 - Thome Ruling)(Marrese, John) |
| Filing 86 STATUS Report Second Amended Joint Status Report in Response to Judge Valdez's January 15, 2020 Order by Joseph Duron (Hart, Steven) |
| Filing 85 MINUTE entry before the Honorable Maria Valdez: Initial status hearing is set before Magistrate Judge Maria Valdez on 1/28/20 at 10:00 a.m., in Courtroom 1041. Parties shall deliver a copy of an initial status report, to Judge Valdez's Courtroom Deputy, Lisa Provine, Room 1036, four business days before the initial status hearing. The parties must follow the format for an Initial Status Report found on the Judge's website available at www.ilnd.uscourts.gov, or the parties can contact courtroom deputy, Lisa Provine, at (312)408-5135 for a copy. If the parties have recently prepared and filed an initial status report, the submission of the previously filed initial status report is sufficient. Mailed notice (lp, ) |
| Filing 84 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Maria Valdez for the purpose of holding proceedings related to: discovery supervision and settlement.(rao, ) |
| Filing 83 MINUTE entry before the Honorable Martha M. Pacold:Status hearing held on 1/15/2020 and continued to 4/16/2020 at 10:15 a.m. Defendants' motion to dismiss #64 is taken under advisement. (rao, ) |
| Filing 82 STATUS Report AMENDED JOINT STATUS REPORT by Joseph Duron (Hart, Steven) |
| Filing 81 MINUTE entry before the Honorable Martha M. Pacold:Status hearing held on 11/25/2019 and continued to 1/15/2020 at 9:45 a.m. Parties to file a jurisdictional statement by 12/6/2019. Discovery is stayed until the Court rules on the motion to dismiss #64 . Plaintiff to submit a written settlement demand to defendant by 12/18/2019. Defendant's response to the demand is due by 1/10/2020. (rao, ) |
| Filing 80 MINUTE entry before the Honorable Martha M. Pacold:The status hearing set for 11/19/2019 is stricken and reset to 11/25/2019 at 9:30 a.m. (rao, ) |
| Filing 79 STATUS Report Joint Status Report Pursuant to ECF No. 78 by Joseph Duron (Hart, Steven) |
| Filing 78 MINUTE entry before the Honorable Martha M. Pacold:The parties are directed to file a joint status report by 11/8/2019. The Court will hold a status hearing in open court on 11/19/2019 at 9:45 a.m. (Attachments: #1 Reassignment Status Report) (rao, ) |
| Filing 77 SUPPLEMENT to response in opposition to motion #75 NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit 1 - Bolds Order, #2 Exhibit 2 - Bolds Complaint)(Hart, Steven) |
| Filing 76 REPLY by Unifocus (Texas), L.P. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Unifocus (Texas), L.P. MOTION by Defendant Unifocus (Texas), L.P. to dismiss for lack of jurisdiction #64 (Attachments: #1 Exhibit A)(Capilla, Craig) |
| Filing 75 RESPONSE by Joseph Duronin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Unifocus (Texas), L.P. MOTION by Defendant Unifocus (Texas), L.P. to dismiss for lack of jurisdiction #64 (Hart, Steven) |
| Filing 74 MINUTE entry before the Honorable Martha M. Pacold:Plaintiff's agreed Motion for extension of time to file a response #72 regarding motion to dismiss #64 is granted. Response due by 9/19/2019 Reply due by 9/26/2019. Motion hearing set for 9/5/2019 is stricken. Status hearing set for 10/31/2019 is stricken. Mailed notice (dl, ) |
| Filing 73 NOTICE OF AGREED (EMERGENCY) MOTION NOTICE of Motion by John Shannon Marrese for presentment of motion for extension of time to file response/reply #72 before Honorable Martha M. Pacold on 9/5/2019 at 11:30 AM. (Marrese, John) |
| Filing 72 MOTION by Plaintiff Joseph Duron for extension of time to file response/reply AGREED (EMERGENCY) MOTION FOR EXTENSION (Marrese, John) |
| Filing 71 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 19-0025 Pursuant that to the Executive Committee Order entered on August 9, 2019 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Martha M. Pacold; therefore IT IS HEREBY ORDERED that the attached list of 342 cases be reassigned to the Honorable Martha M. Pacold; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Martha M. Pacolds webpage on the Courts website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Martha M. Pacold to the Courts criminal case assignment system thirty days from the entry of this Order so that she shall receive a full share of such cases. Case reassigned to the Honorable Martha M. Pacold for all further proceedings. Honorable Virginia M. Kendall no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 8/23/2019.(gcy, ) |
| Filing 70 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Unopposed Motion for extension of time to file response #68 regarding Motion to Dismiss #64 is granted. Response shall be filed by 9/5/2019. Reply due by 9/12/2019. Status hearing reset for 10/31/2019 at 9:00 AM. Motion hearing set for 8/13/2019 is stricken. Mailed notice (lk, ) |
| Filing 69 NOTICE of Motion by John Shannon Marrese for presentment of motion for extension of time to file response/reply #68 before Honorable Virginia M. Kendall on 8/13/2019 at 09:00 AM. (Marrese, John) |
| Filing 68 MOTION by Plaintiff Joseph Duron for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction #64 (Marrese, John) |
| Filing 67 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set for Defendants' Motion to Dismiss #64 . Response due by 8/13/2019. Reply due by 8/20/2019. Status hearing reset for 10/1/2019 at 9:00 AM. By request of Defendant, Motion for extension of time #61 is withdrawn. Motion hearing set for 8/1/2019 and Status hearing set for 8/6/2019 are stricken. Mailed notice (lk, ) |
| Filing 66 Amended NOTICE of Motion by Allie K Haling for presentment of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction #64 before Honorable Virginia M. Kendall on 8/6/2019 at 09:00 AM. (Haling, Allie) |
| Filing 65 NOTICE of Motion by Allie K Haling for presentment of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction #64 before Honorable Virginia M. Kendall on 7/29/2019 at 09:00 AM. (Haling, Allie) |
| Filing 64 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Unifocus (Texas), L.P. , MOTION by Defendant Unifocus (Texas), L.P. to dismiss for lack of jurisdiction (Haling, Allie) |
| Filing 63 Amendment to Motion for Extension of Time STATEMENT by Unifocus (Texas), L.P. (Haling, Allie) |
| Filing 62 NOTICE of Motion by Allie K Haling for presentment of extension of time #61 before Honorable Virginia M. Kendall on 8/1/2019 at 09:00 AM. (Haling, Allie) |
| Filing 61 MOTION by Defendant Unifocus (Texas), L.P. for extension of time (Haling, Allie) |
| Filing 60 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 7/17/2019 is stricken and reset for 8/6/2019 at 9:00 AM. Mailed notice (lk, ) |
| Filing 59 SECOND AMENDED complaint by Joseph Duron against Unifocus (Texas), L.P. (Hart, Steven) |
| Filing 58 MINUTE entry before the Honorable Virginia M. Kendall. The parties timely complied with the Court's order of an evidentiary hearing #56 . In their "Stipulation of Facts," #57 the parties represented that Unifocus (Texas), L.P. should be the named defendant in this lawsuit, not Unifocus, LLC. Because this agreement seems to straighten out the jurisdictional issue and streamline the litigation, the Court adopts it in full. Specifically, the Court accepts the parties stipulation that: (1) Duron shall dismiss his claims against Unifocus, LLC; (2) Duron shall file a second amended complaint naming Unifocus (Texas), L.P. as the defendant within seven days of the entry of this order; and (3) defense counsel will accept service of the amended complaint and answer or otherwise plead within 28 days of service. The Court therefore strikes the pending motion to dismiss the first amended complaint #44 in anticipation of Duron filing his second amended complaint. Accordingly, an evidentiary hearing on personal jurisdiction is unnecessary at this time. The Court notes as a final matter that--because Duron secured the opposing party's written consent to amend his pleading--obtaining the Court's leave to do so is unnecessary. See Fed. R. Civ. P. 15(a)(2). Mailed notice (lk, ) |
| Filing 57 STIPULATION relating to ECF No. 56 (Hart, Steven) |
| Filing 56 MINUTE entry before the Honorable Virginia M. Kendall. On 04/29/19, Unifocus, LLC moved to dismiss Joseph Duron's first amendment complaint in part for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2). #44 In so moving, Unifocus plainly disputed Duron's allegations that Unifocus transacts business in Illinois. The parties fully briefed this issue, among others, and Unifocus's motion remains pending. But because "material facts about personal jurisdiction are in dispute, the [C]ourt 'must hold an evidentiary hearing to resolve them.'" Philos Techs., Inc. v. Philos & D, Inc., 802 F.3d 905, 912 (7th Cir. 2015) (quoting Hyatt Int'l Corp. v. Coco, 302 F.3d 707, 713 (7th Cir. 2002)). Although Duron's burden thus far has only been to make out a prima facie case of personal jurisdiction, at the hearing he "'must establish jurisdiction by a preponderance of the evidence.'" Advanced Tactical Ordnance Sys., LLC v. Real Action Paintball, Inc., 751 F.3d 796, 799800 (7th Cir. 2014), as corrected (May 12, 2014) (quoting Purdue Research Found. v. Sanofi-Synthelabo, S.A., 338 F.3d 773, 782 (7th Cir. 2003)). The Court therefore enters and continues Unifcous's motion to dismiss #44 up and until the Court presides over an evidentiary hearing concerning personal jurisdiction. The Court directs the parties to meet and confer regarding the format of the evidentiary hearing (e.g. who is going to call who as witnesses) and encourages them to stipulate to the admission of as much of the documentary evidence as possible. The parties shall contact the courtroom deputy with proposed dates and advise her how long the hearing should take by 06/21/19. The Court will set the hearing by separate order. Mailed notice (lk, ) |
| Filing 55 REPLY by Unifocus, LLC to MOTION by Defendant Unifocus, LLC to dismiss First Amended Complaint #44 , response in opposition to motion, #54 (Haling, Allie) |
| Filing 54 RESPONSE by Joseph Duronin Opposition to MOTION by Defendant Unifocus, LLC to dismiss First Amended Complaint #44 (Attachments: #1 Exhibit 1 - Declaration of Joseph Duron & Ex. A, #2 Exhibit 2 - Declaration of John Marrese & Exs. A-B)(Hart, Steven) |
| Filing 53 MINUTE entry before the Honorable Virginia M. Kendall. Attorney Kiley C Keefe's Motion to withdraw #49 is granted. Motion hearing set for 5/16/2019 is stricken. Mailed notice (lk, ) |
| Filing 52 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for stay or in the alternative, an extension of time to respond/reply #47 to Motion to Dismiss #44 is granted in part. Response shall be due by 5/22/2019. Reply due by 5/29/2019. Motion hearing set for 5/16/2019 is stricken. Mailed notice (lk, ) |
| Filing 51 MINUTE entry before the Honorable Virginia M. Kendall. On the Court's own Motion, Motion hearing set for 5/15/2019 is reset for 5/16/2019 at 9:00 AM. Mailed notice (lk, ) |
| Filing 50 NOTICE of Motion by Kiley C Keefe for presentment of motion to withdraw #49 before Honorable Virginia M. Kendall on 5/15/2019 at 09:00 AM. (Keefe, Kiley) |
| Filing 49 MOTION by Defendants Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc. to withdraw appearance (Keefe, Kiley) |
| Filing 48 Notice of Emergency Motion NOTICE of Motion by John Shannon Marrese for presentment of motion to stay #47 before Honorable Virginia M. Kendall on 5/16/2019 at 09:00 AM. (Marrese, John) |
| Filing 47 MOTION by Plaintiff Joseph Duron to stay pending appeal in Johnson v. United Airlines or, in the alternative, for an extension of time (Marrese, John) |
| Filing 46 MINUTE entry before the Honorable Virginia M. Kendall. Briefing schedule set as to Defendant's Motion to Dismiss first amended Complaint #44 . Response due by 5/15/2019. Reply due by 5/22/2019. Status hearing reset for 7/17/2019 at 9:00 AM. Motion hearing set for 5/8/2019 is stricken. Mailed notice (lk, ) |
| Filing 45 NOTICE of Motion by Allie K Haling for presentment of motion to dismiss #44 before Honorable Virginia M. Kendall on 5/8/2019 at 09:00 AM. (Haling, Allie) |
| Filing 44 MOTION by Defendant Unifocus, LLC to dismiss First Amended Complaint (Haling, Allie) |
| Filing 43 MINUTE entry before the Honorable Virginia M. Kendall. Attorney Melissa Anne Siebert's Motion to withdraw as attorney #41 is granted. Motion hearing set for 5/2/2019 is stricken. Mailed notice (lk, ) |
| Filing 42 NOTICE of Motion by Melissa Anne Siebert for presentment of motion to withdraw as attorney #41 before Honorable Virginia M. Kendall on 5/2/2019 at 09:00 AM. (Siebert, Melissa) |
| Filing 41 MOTION by Attorney Melissa A. Siebert to withdraw as attorney for Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc.. No party information provided (Siebert, Melissa) |
| Filing 40 MINUTE entry before the Honorable Virginia M. Kendall. Attorneys Matthew Davis and Scott Meyer's Motions to appear pro hac vice #38 and #39 are granted. Mailed notice (lk, ) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15737538. Matthew Davis (Haling, Allie) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15737415. Scott Meyer (Haling, Allie) |
| Filing 37 ATTORNEY Appearance for Defendant Unifocus, LLC by Charles R. Franklin (Franklin, Charles) |
| Filing 36 ATTORNEY Appearance for Defendant Unifocus, LLC by Craig Michael Capilla (Capilla, Craig) |
| Filing 35 ATTORNEY Appearance for Defendant Unifocus, LLC by Allie K Haling (Haling, Allie) |
| Filing 34 WAIVER OF SERVICE returned executed by Joseph Duron. Unifocus, LLC waiver sent on 2/26/2019, answer due 4/29/2019. (Marrese, John) |
| Filing 33 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing held on 3/11/2019 and continued for 5/14/2019 at 9:00 AM. Mailed notice (lk, ) |
| Filing 32 MINUTE entry before the Honorable Virginia M. Kendall. Status hearing set for 3/11/2019 at 9:00 AM. Mailed notice (lk, ) |
| Filing 31 Due to clerical error, case was closed on 2/22/2019. Case is reopened. Mailed notice. (lk, ) |
| Filing 30 ENTERED IN ERROR (lk, ). |
| Filing 29 STIPULATION of Dismissal Without Prejudice (Hart, Steven) |
| Filing 28 AMENDED complaint by Joseph Duron against Unifocus, LLC (Hart, Steven) |
| Filing 27 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Uncontested Motion for leave to file amended Complaint #25 is granted. Motion hearing set for 2/21/2019 is stricken. Mailed notice (lk, ) |
| Filing 26 NOTICE of Motion by John Shannon Marrese for presentment of motion for leave to file #25 before Honorable Virginia M. Kendall on 2/21/2019 at 09:00 AM. (Marrese, John) |
| Filing 25 MOTION by Plaintiff Joseph Duron for leave to file UNCONTESTED MOTION FOR LEAVE TO FILE AMENDED COMPLAINT (Attachments: #1 Exhibit 1)(Marrese, John) |
| Filing 24 STATUS Report Parties' Joint Status Report by Joseph Duron (Hart, Steven) |
| Filing 23 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing set for 12/20/2018 is stricken. Mailed notice (lk, ) |
| Filing 22 MINUTE entry before the Honorable Virginia M. Kendall. By agreement of the parties and in the interests of justice, the Court grants the parties' agreed motion #20 and stays this case pending the Illinois Supreme Court's decision in Rosenbach v. Six Flags Entertainment Corp. (No. 123186). The parties shall file a joint status report no later than 14 days after the Illinois Supreme Court enters its opinion stating whether the stay should be lifted and raising any other issues that need to be resolved at that time. Mailed notice (lk, ) |
| Filing 21 NOTICE of Motion by Steven Alan Hart for presentment of motion to stay #20 before Honorable Virginia M. Kendall on 12/20/2018 at 10:00 AM. (Hart, Steven) |
| Filing 20 MOTION by Plaintiff Joseph Duron to stay Agreed Motion to Stay Pending Rosenbach Decision (Hart, Steven) |
| Filing 19 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiffs' Unopposed Motion for extension of time to respond #17 to Motion to Stay #14 is granted. Response due by 12/13/2018. Reply due by 12/20/2018. Status hearing reset for 2/22/2019 at 9:00 AM. Motion hearing set for 12/20/2018 is stricken. Mailed notice (lk, ) |
| Filing 18 NOTICE of Motion by Steven Alan Hart for presentment of extension of time #17 before Honorable Virginia M. Kendall on 12/20/2018 at 10:00 AM. (Hart, Steven) |
| Filing 17 MOTION by Plaintiff Joseph Duron for extension of time Unopposed Motion for Extension of Time (Hart, Steven) |
| Filing 16 MINUTE entry before the Honorable Virginia M. Kendall. Motion hearing held on 11/1/2018. Briefing schedule set as to Defendants' Motion to Stay #14 . Response due by 11/29/2018. Reply due by 12/20/2018. Status hearing set for 2/7/2019 at 9:00 AM. Defendants' Motion to defer Initial Discovery Response Deadline pending disposition of Motion to Stay #13 is granted. Discovery is stayed pending disposition of Motion to Stay #13 . Mailed notice (lk, ) |
| Filing 15 NOTICE of Motion by Melissa Anne Siebert for presentment of Motion to Defer Initial Discovery Response Deadline #13 , motion to stay #14 before Honorable Virginia M. Kendall on 11/1/2018 at 09:00 AM. (Siebert, Melissa) |
| Filing 14 MOTION by Defendants Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc. to stay (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Siebert, Melissa) |
| Filing 13 MOTION to Defer Initial Discovery Response Deadline (MIDP) , filed by Defendants Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc.. (Siebert, Melissa) |
| Filing 12 ATTORNEY Appearance for Defendants Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc. by Kiley C Keefe (Keefe, Kiley) |
| Filing 11 ATTORNEY Appearance for Defendants Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc. by David Michael Friebus (Friebus, David) |
| Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc. (Siebert, Melissa) |
| Filing 9 ATTORNEY Appearance for Defendants Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc. by Melissa Anne Siebert (Siebert, Melissa) |
| Filing 8 AFFIDAVIT of Service filed by Plaintiff Joseph Duron regarding Complaint served on Loews Chicago Hotel, Inc. on October 2, 2018 (Marrese, John) |
| Filing 7 AFFIDAVIT of Service filed by Plaintiff Joseph Duron regarding Complaint served on Loews COH Operating Company on October 2, 2018 (Marrese, John) |
| Filing 6 MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 1/17/2019 at 9:00 a.m. Joint Status Report due by 1/14/2019. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, ) |
| 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, ) |
| SUMMONS Issued as to Defendants Loews COH Operating Company, LLC, Loews Chicago Hotel, Inc. (jjr, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Joseph Duron by John Shannon Marrese (Marrese, John) |
| Filing 3 ATTORNEY Appearance for Plaintiff Joseph Duron by Steven Alan Hart (Hart, Steven) |
| Filing 2 CIVIL Cover Sheet (Hart, Steven) |
| Filing 1 COMPLAINT CLASS ACTION COMPLAINT filed by Joseph Duron; Jury Demand. Filing fee $ 400, receipt number 0752-14981922.(Hart, Steven) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Maria Valdez. (lma, ) |
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