Savis, Inc. v. Cardenas
| Savis, Inc. |
| Neftali Cardenas |
| 1:2018cv06521 |
| September 25, 2018 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ANSWER to Complaint with Jury Demand by Neftali Cardenas(Michelau, Amy)
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Filing 43
MINUTE entry before the Honorable Joan B. Gottschall: Motion and status hearings held on 10/26/2018. Plaintiff will file a separate motion for preliminary injunction. No deadline for filing such a motion was set, though plaintiff's counsel intends to file the motion within 21 days. If the parties agree on a briefing schedule and hearing date, they should so advise the courtroom deputy in writing. As discussed in open court, plaintiff's motion to reconsider order on defendant's motion for attorney representation #37 and plaintiff's amended motion to seal Exhibit F to the complaint #23 are entered and continued to 11/30/18 at 9:30 a.m. Regarding the motion to reconsider, plaintiff is authorized to propound very focused interrogatories limited to the matters discussed in open court, and defendant will respond within one week after being served with the interrogatories. If the parties believe an earlier hearing date would be helpful or wish to set a briefing schedule after limited discovery, they should so advise the courtroom deputy. Regarding the amended motion to seal, as explained in open court, redactions must be very limited, as explained in the order dated 10/3/18 #21 . Counsel are directed to confer regarding Exhibit F to the complaint and, on or before 11/2/18, file a status report regarding redactions and, if appropriate, a redacted exhibit. Discussion held regarding citing and filing papers already filed in the case. Defendant's counsel will write a letter to the court and opposing counsel describing defendant's concerns in detail. Mailed notice (mjc, )
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Filing 42
MEMORANDUM Opinion: For the reasons stated, plaintiff's motions for a temporary restraining order, ECF Nos. #8 & #10 , and defendant's motion to dismiss for lack of personal jurisdiction, ECF No. #30 , are denied. Signed by the Honorable Joan B. Gottschall on 10/24/2018. Mailed notice(mjc, )
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Filing 41
MINUTE entry before the Honorable Joan B. Gottschall: Based on the record made at the evidentiary hearing held on 10/10/18, the parties exhibits and after considering defendant's reply in support of his motion to dismiss #40 , the court has determined that oral argument is unnecessary. Plaintiff's motion for a temporary restraining order #10 and defendant's motion to dismiss for lack of personal jurisdiction #30 are denied. A written decision explaining the court's reasoning will be issued promptly, hopefully by 10/24/18. The oral argument set for 10/24/18 at 9:45 a.m. is stricken; no appearance required. At the hearing set for 10/26/18 at 9:30 a.m., the parties should be prepared to set a date for preliminary injunction hearing. Mailed notice (mjc, )
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Filing 40
REPLY by Neftali Cardenas to response in opposition to motion, #32 for Temporary Restraining Order and Cardenas's Rule 12(b) Motion to Dismiss for Personal Jurisdiction Grounds (Attachments: #1 Notice of Filing Notice of Filing and Cert. of Service)(Pauley, Erin)
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Filing 39
NOTICE of Motion by Kenneth Young Hurst for presentment of motion for reconsideration, #37 before Honorable Joan B. Gottschall on 10/26/2018 at 09:30 AM. (Hurst, Kenneth)
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Filing 38
NOTICE by Savis, Inc. re MOTION by Plaintiff Savis, Inc. for reconsideration regarding order on motion for attorney representation,,,,,, text entry,,,,, #20 #37 (Hurst, Kenneth)
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Filing 37
MOTION by Plaintiff Savis, Inc. for reconsideration regarding order on motion for attorney representation,,,,,, text entry,,,,, #20 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hurst, Kenneth)
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Filing 36
MINUTE entry before the Honorable Joan B. Gottschall: The court is in receipt of plaintiff's response to defendant's motion to dismiss #34 and has determined that a reply may be helpful. Any reply in support of defendant's motion to dismiss for lack of personal jurisdiction #30 must be filed on or before 10/22/18.Mailed notice (mjc, )
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Filing 35
REPLY by Savis, Inc. to response in opposition to motion, #32 for temporary restraining order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, #20 Exhibit 17, #21 Exhibit 18, #22 Exhibit 19, #23 Exhibit 20, #24 Notice of Filing)(Hurst, Kenneth)
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Filing 34
RESPONSE by Savis, Inc.in Opposition to MOTION by Defendant Neftali Cardenas to dismiss for lack of jurisdiction #30 (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Notice of Filing)(Hurst, Kenneth)
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Filing 33
MINUTE entry before the Honorable Joan B. Gottschall: In court hearing held on plaintiff's motion for temporary restraining order. For good cause shown in open court, the court ordered portions of the hearing sealed. Counsel is responsible for identifying, in the first instance, the specific portions of the record to be sealed. Counsel did not present plaintiff's amended motion to seal #23 . Based on the representations made in open court justifying partially sealing the hearing, the court orders Exhibit F to the complaint #1 sealed until the amended motion is presented on 10/24/18. The amended motion to seal #23 is entered and continued to 10/24/18 at 9:45 a.m. Argument heard and evidence received on plaintiff's motion for temporary restraining order #10 and Defendant's emergency motion to dismiss #30 . Plaintiff and defendant each called one witness. Witnesses cross examined. As discussed in open court, plaintiff's response to defendant's emergency motion to dismiss #30 and plaintiff's reply in support of its motion for temporary restraining order #10 are due 10/17/18. Oral argument on both motions (ECF Nos. #10 and #30 ) is set for 10/24/18 at 9:45 a.m. Plaintiff and defendant will have 15 minutes each. However, the court reserves the right to rule without oral argument once plaintiff's response and reply have been filed by 10/17/18. Mailed notice (mjc, )
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Filing 32
RESPONSE by Neftali Cardenasin Opposition to MOTION by Plaintiff Savis, Inc. for temporary restraining order #10 , MOTION by Plaintiff Savis, Inc. for temporary restraining order Motion, Memorandum of Law, and Exhibits to Follow #8 CORRECTED (signed) (Pauley, Erin)
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Filing 31
AFFIDAVIT of Neftali Cardenas (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Notice of Filing Notice of Filing Affidavit)(Pauley, Erin)
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Filing 30
MOTION by Defendant Neftali Cardenas to dismiss for lack of jurisdiction (Attachments: #1 Notice of Filing Notice of Emergency Motion)(Pauley, Erin)
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Filing 29
RESPONSE by Neftali Cardenasin Opposition to MOTION by Plaintiff Savis, Inc. for temporary restraining order #10 , MOTION by Plaintiff Savis, Inc. for temporary restraining order Motion, Memorandum of Law, and Exhibits to Follow #8 (Pauley, Erin)
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Filing 28
ATTORNEY Appearance for Defendant Neftali Cardenas by Erin Marie Pauley Jury Demand Requested (Pauley, Erin)
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Filing 27
ATTORNEY Appearance for Defendant Neftali Cardenas by Amy Michelau (Michelau, Amy)
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Filing 26
ATTORNEY Appearance for Defendant Neftali Cardenas by Denise A. Lazar (Lazar, Denise)
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Filing 25
MINUTE entry before the Honorable Joan B. Gottschall: In court hearing held on 10/3/18. Plaintiff appeared through its counsel, Mr. Hurst. Mr. Cardenas, the defendant, appeared and represented himself. Plaintiff's counsel briefly summarized the motion for temporary restraining order. Discussion held regarding defendant's proceeding without counsel. As discussed in open court, defendant submitted a motion for recruitment of counsel after the hearing, which the court has granted. Plaintiff represented that he intends to call at least one witness at the hearing on its motion for temporary restraining order #10 . As discussed in open court, the evidentiary hearing on plaintiff's motion for temporary restraining order remains set for 10/10/18 at 9:30 a.m. Mailed notice (mjc, )
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Filing 24
Amended NOTICE of Motion by Kenneth Young Hurst for presentment of motion to seal, motion to seal document #23 before Honorable Joan B. Gottschall on 10/10/2018 at 09:30 AM. (Hurst, Kenneth)
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Filing 23
MOTION by Plaintiff Savis, Inc. to seal Exhibit F of the Complaint, MOTION by Plaintiff Savis, Inc. to seal document Exhibit F (Attachments: #1 Exhibit A)(Hurst, Kenneth)
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Filing 22
MINUTE entry before the Honorable Joan B. Gottschall: The court recruits Denise A. Lazar, Barnes & Thornburg LLP, One North Wacker Drive, Suite 4400, Chicago, IL, 60606, denise.lazar@btlaw.com, (312) 214-4816, to represent defendant in accordance with counsel's trial bar obligation under N.D. Ill. Local Rule 83.11(g). A temporary restraining order hearing is set for 10/10/18 at 9:30 a.m. Mailed notice (mjc, ) Mailed notice (mjc, )
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Filing 21
ORDER: For these reasons, plaintiff's motion to seal Exhibit F to the complaint, ECF No. #4 , is denied without prejudice. The motion hearing set for 10/5/18 is stricken. No appearance is necessary on 10/5/18. The clerk shall maintain Exhibit F to the complaint, ECF No. 1-6, under seal until 10/10/18 to allow plaintiff an opportunity to show good cause for sealing. Any renewed motion to seal must be filed on or before 10/5/18 and must be noticed for presentment on 10/10/18. Signed by the Honorable Joan B. Gottschall on 10/3/2018. Mailed notice(mjc, )
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Filing 20
MINUTE entry before the Honorable Joan B. Gottschall: Defendant's motion to recruit counsel #19 is granted. The record makes clear that defendant had a substantial income until recently. But he also recently accepted a position with a new employer, and the purpose of plaintiff's motion for a temporary restraining order and preliminary injunction is to prevent defendant from working for his new employer. Defendant is currently between jobs. Furthermore, defendant works in Kansas, and plaintiff has told the court that it intends to present the testimony of a live witness at the temporary restraining order hearing set for 10/10/18. Defendant will likely need to be present for that hearing, and the cost of last minute airfare further exacerbates defendant's financial hardship. Defendant has already appeared in Chicago on short notice at substantial personal cost. For all of these reasons, the court finds that defendant is effectively indigent for purposes of proceedings on plaintiff's motion for a temporary restraining order and for preliminary injunction. See 28 U.S.C. 1915(a). The court therefore recruits counsel to represent defendant for the duration of proceedings on plaintiff's motion for temporary restraining order and any motion for preliminary injunction. Thereafter, depending on whether defendant is permitted to work, the court may revisit the order. Mailed notice (mjc, )
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Filing 19
MOTION by Defendant Neftali Cardenas for attorney representation (Exhibits) (rp, )
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Filing 18
PRO SE Appearance by Defendant Neftali Cardenas (rp, )
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Filing 17
MINUTE entry before the Honorable Joan B. Gottschall: The motion hearing for temporary restraining order set for 10/3/18 is stricken and reset to 10/10/18 at 9:30 a.m. No appearance is required on 10/3/18.Mailed notice (mjc, )
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Filing 16
Second Amended NOTICE of Motion by Kenneth Young Hurst for presentment of motion for temporary restraining order #10 before Honorable Joan B. Gottschall on 10/10/2018 at 09:30 AM. (Hurst, Kenneth)
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Filing 15
SUMMONS Returned Executed by Savis, Inc. as to Neftali Cardenas on 9/30/2018, answer due 10/22/2018. (Attachments: #1 Notice of Filing)(Hurst, Kenneth) (Docket Text Modified by Clerks Office) (ew, ).
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Filing 14
MINUTE entry before the Honorable Joan B. Gottschall: Hearing on motion for temporary restraining order held and continued to 10/3/18 at 9:45 a.m. Only counsel for plaintiff appeared. Argument heard on proceeding without notice. For the reasons stated in open court, the court finds that the requirements of Federal Rule of Civil Procedure 65(b)(1) have not been satisfied and the permitting plaintiff to proceed without notice would not be equitable. Plaintiff must therefore serve its motion for temporary restraining order #10 in compliance with Fed. R. Civ. P. 5 and serve its notice of motion in compliance with Local Rule 5.3(a). Plaintiff is directed to file an updated certificate of service on or before 10/2/18. Mailed notice (mjc, )
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Filing 13
Amended NOTICE of Motion by Kenneth Young Hurst for presentment of motion for temporary restraining order #10 before Honorable Joan B. Gottschall on 10/3/2018 at 10:15 AM. (Hurst, Kenneth)
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Filing 12
DECLARATION of Ken Hurst under FRCP 65(B) (Attachments: #1 Notice of Filing)(Hurst, Kenneth)
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Filing 11
MEMORANDUM by Savis, Inc. in support of motion for temporary restraining order #10 (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Hurst, Kenneth)
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Filing 10
MOTION by Plaintiff Savis, Inc. for temporary restraining order (Hurst, Kenneth)
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Filing 9
NOTICE of Motion by Kenneth Young Hurst for presentment of motion for temporary restraining order #8 before Honorable Joan B. Gottschall on 9/28/2018 at 09:30 AM. (Hurst, Kenneth)
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Filing 8
MOTION by Plaintiff Savis, Inc. for temporary restraining order Motion, Memorandum of Law, and Exhibits to Follow (Hurst, Kenneth)
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Filing 7
MINUTE entry before the Honorable Joan B. Gottschall: Document No. #6 is entered in error. No action required.Mailed notice (mjc, )
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Filing 6
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff is directed to notice its ex parte motion to file "Exhibit F" to the complaint under seal #4 for presentment. See N.D. Ill. L.R. 5.3. Mailed notice (mjc, )
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SUMMONS Issued as to Defendant Neftali Cardenas (lma, )
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Filing 5
NOTICE of Motion by Kenneth Young Hurst for presentment of motion to seal #4 before Honorable Joan B. Gottschall on 10/5/2018 at 09:30 AM. (Hurst, Kenneth)
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Filing 4
MOTION by Plaintiff Savis, Inc. to seal Exhibit F of the Complaint (Attachments: #1 Exhibit A, #2 Exhibit 1)(Hurst, Kenneth)
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Filing 3
ATTORNEY Appearance for Plaintiff Savis, Inc. by Kenneth Young Hurst (Hurst, Kenneth)
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Filing 2
CIVIL Cover Sheet (Hurst, Kenneth)
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Filing 1
COMPLAINT filed by Savis, Inc.; Filing fee $ 400, receipt number 0752-14989641. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hurst, Kenneth)
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CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cole. (lma, )
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| Defendant: Neftali Cardenas | |
| Represented By: | Erin Marie Pauley |
| Represented By: | Denise A. Lazar |
| Represented By: | Amy Michelau |
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| Plaintiff: Savis, Inc. | |
| Represented By: | Kenneth Young Hurst |
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