Kapp v. Culligan International Company et al
| Aaron Kapp |
| Culligan International Company, Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. and Culligan Soft Water Service Co. |
| 1:2019cv00355 |
| January 17, 2019 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on February 21, 2020. A more recent docket listing may be available from PACER.
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| ELECTRONIC Acknowledgement of case transferred to the Eastern District of Wisconsin as case 2:20-cv-00286, filed 02/21/2020. (bg, ) |
| Filing 91 TRANSFERRED to the Eastern District of Wisconsin the electronic record. (aee, ) |
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Filing 90
TRANSCRIPT OF PROCEEDINGS held on November 4, 2019 before the Honorable Matthew F. Kennelly. Order Number: 36644. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
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Filing 89
TRANSCRIPT OF PROCEEDINGS held on June 26, 2019 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
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Filing 88
TRANSCRIPT OF PROCEEDINGS held on May 23, 2019 before the Honorable Matthew F. Kennelly. Order Number: 34839. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
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Filing 87
TRANSCRIPT OF PROCEEDINGS held on May 8, 2019 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
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Filing 86
TRANSCRIPT OF PROCEEDINGS held on June 6, 2019 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
| Filing 85 MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the parties' stipulation, plaintiff's claims against defendants Culligan International Co. and Culligan Soft Water Service Co. are dismissed without prejudice. Also pursuant to stipulation, the Clerk is directed to transfer the remainder of the case, specifically plaintiff's claims against the remaining defendants, Eastern Wisconsin Water Conditioning Co. and Unco Data Systems, Inc., to the Eastern District of Wisconsin pursuant to 28 USC 1404(a). The status hearing set for 1/9/2020 is vacated. Civil case terminated. Mailed notice. (mma, ) |
| Filing 84 STIPULATION regarding order on motion to dismiss/lack of jurisdiction,,,, ruling on motion hearing,,,, set/reset hearings,,, #75 to transfer action to the Eastern District of Wisconsin (Oppenheim, David) |
| Filing 83 STIPULATION of Dismissal Without Prejudice of Culligan International Company and Culligan Soft Water Service Co. (Oppenheim, David) |
| Filing 82 MINUTE entry before the Honorable Matthew F. Kennelly: The parties' motion to continue the 12/19/2019 status hearing #80 is granted in part. The status hearing is reset to 1/9/2020 at 9:30 AM. This will be an in-person status hearing. The Court declines to set a later date as requested. The Court will not be available on 1/16/2020, and more importantly the parties have had plenty of time since 11/4/2019 to negotiate and conclude an appropriate agreement. The Court will not entertain further requests to continue the hearing. If the parties have not concluded an agreement by that time, the Court will make a ruling on that date regarding whether and where to transfer the case. (mk) |
| Filing 81 NOTICE of Motion by Matthew J Caccamo for presentment of motion to continue #80 before Honorable Matthew F. Kennelly on 12/19/2019 at 09:30 AM. (Caccamo, Matthew) |
| Filing 80 MOTION by Defendant Culligan International Company to continue Joint Unopposed Motion to Continue Status Hearing (Caccamo, Matthew) |
| Filing 79 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to withdraw the appearance of attorney Mara Ann Baltabols is granted. (mk) |
| Filing 78 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 11/18/2019 and continued to 12/19/2019 at 9:00 a.m. Mailed notice. (mma, ) |
| Filing 77 NOTICE of Motion by Mara Ann Baltabols for presentment of motion to withdraw as attorney #76 before Honorable Matthew F. Kennelly on 11/20/2019 at 09:30 AM. (Baltabols, Mara) |
| Filing 76 MOTION by Attorney Mara A. Baltabols to withdraw as attorney for Aaron Kapp. No party information provided (Baltabols, Mara) |
| Filing 75 MINUTE entry before the Honorable Matthew F. Kennelly: Ruling on a motion hearing held on 11/4/2019. Defendants' motion to dismiss for lack of personal jurisdiction, improper venue, or in the alternative, to transfer venue #35 is granted in part. The Court finds that personal jurisdiction is lacking over plaintiff's claims against defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., and Unco Data Systems. The court takes under advisement the request to transfer venue rather than to dismiss these defendants. Parties are directed to discuss the options, including an appropriate venue to which to transfer the case, before the next hearing. Status hearing is set for 11/18/2019 at 9:30 a.m. Mailed notice. (mma, ) |
| Filing 74 MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that it has questions regarding certain matters pertaining to the pending motion to dismiss for lack of personal jurisdiction (etc.), intends to ask those questions at tomorrow's status hearing, and may or may not rule on the motion to dismiss tomorrow. (mk) |
| Filing 73 REPLY by Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. to memorandum in support of motion, #36 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Schultz, David) |
| Filing 72 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file an 18-page response brief #70 and his motion for leave to file exhibit A under seal #68 are both granted. The required chambers copy of the reply brief must include all of the exhibits as part of the same bound document. (mk) |
| Filing 71 NOTICE of Motion by David Max Oppenheim for presentment of motion for miscellaneous relief #70 before Honorable Matthew F. Kennelly on 10/8/2019 at 09:30 AM. (Oppenheim, David) |
| Filing 70 MOTION by Plaintiff Aaron Kapp to Increase Page Limit (Oppenheim, David) |
| Filing 69 NOTICE of Motion by David Max Oppenheim for presentment of motion to seal document #68 before Honorable Matthew F. Kennelly on 10/8/2019 at 09:30 AM. (Oppenheim, David) |
| Filing 68 MOTION by Plaintiff Aaron Kapp to seal document response in opposition to motion, #66 (Oppenheim, David) |
| Filing 67 SEALED RESPONSE by Aaron Kapp to MOTION by Defendant Eastern Wisconsin Water Conditioning Co. to dismiss for lack of jurisdiction , Improper Venue #35 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Oppenheim, David) |
| Filing 66 RESPONSE by Aaron Kappin Opposition to MOTION by Defendant Eastern Wisconsin Water Conditioning Co. to dismiss for lack of jurisdiction , Improper Venue #35 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Oppenheim, David) |
| Filing 65 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's unopposed motion for extension of time #63 is granted. Due date for response to motion to dismiss is extended to 9/30/2019. Due date for reply to response is extended to 10/21/2019. (mk) |
| Filing 64 NOTICE of Motion by Mara Ann Baltabols for presentment of motion for extension of time #63 before Honorable Matthew F. Kennelly on 9/19/2019 at 09:30 AM. (Baltabols, Mara) Modified on 9/16/2019 (pjg, ). |
| Filing 63 MOTION by Plaintiff Aaron Kapp for extension of time (Baltabols, Mara) |
| Filing 62 MINUTE entry before the Honorable Matthew F. Kennelly: The entry dated 8/12/2019 (dkt. no. 61) contained a scrivener's error and is corrected to read as follows. Telephone status hearing held with attorneys for all parties. The Court concludes that no deposition of Mr. Packard is appropriate at this time. If further affidavits are filed with defendants' reply brief, plaintiff will be permitted to depose the affiants. Response to the motion to dismiss #35 is to be filed by 9/20/2019; reply is due by 10/11/2019. Ruling on motion is set for 11/4/2019 at 9:30 a.m. (mk) |
| Filing 61 MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held with attorneys for all parties. The Court concludes that no deposition of Mr. Packard is appropriate at this time. If further affidavits are filed with defendants' reply brief, plaintiff will be permitted to depose the affidavits. Response to the motion to dismiss #35 is to be filed by 9/20/2019; reply is due by 10/11/2019. Ruling on motion is set for 11/4/2019 at 9:30 a.m. Mailed notice (ags, ) |
| Filing 60 MINUTE entry before the Honorable Matthew F. Kennelly: At the parties' request, the 8/12/2019 status hearing is converted to a telephone status hearing, to be initiated by the parties and the time is advanced to 9:15 a.m. Once all parties are on the phone, they are to jointly contact chambers at (312) 435-5618 at 9:15 a.m. Mailed notice. (pjg, ) |
| Filing 59 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 6/26/2019. Deadline for 30(b)(6) deposition of Culligan International is 7/24/2019. Status hearing set for 8/12/2019 at 9:30 a.m. Mailed notice. (pjg, ) |
| Filing 58 STATUS Report Regarding Plaintiff's Requests for the Production of Documents by Aaron Kapp (Oppenheim, David) |
| Filing 57 AGREED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 6/18/2019: Defendants' unopposed motion for entry of agreed confidentiality order is granted. (mk) |
| Filing 56 NOTICE of Motion by Brandon S. Stein for presentment of motion for protective order #55 before Honorable Matthew F. Kennelly on 6/18/2019 at 09:30 AM. (Stein, Brandon) |
| Filing 55 MOTION by Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. for protective order (UNOPPOSED - AGREED) (Stein, Brandon) |
| Filing 54 NOTICE by John Sheldon Letchinger of Change of Address (Letchinger, John) |
| Filing 53 NOTICE by Matthew J Caccamo of Change of Address (Caccamo, Matthew) |
| Filing 52 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 6/6/2019. Defendants have until 6/20/2019 to provide discovery. Joint status report to be filed by 6/24/2019. Status hearing set for 6/26/2019 at 9:30 a.m. Mailed notice. (pjg, ) |
| Filing 51 MINUTE entry before the Honorable Matthew F. Kennelly: Motion to extend time for service is withdrawn; status hearing remains set for 6/6/2019 at 9:30 AM. (mk) |
| Filing 50 STATUS Report Regarding Plaintiff's Requests for the Production of Documents by Aaron Kapp (Attachments: #1 Exhibit A - Hearing Transcript, #2 Exhibit B - Defendants' Responses to Plaintiff's Document Requests)(Oppenheim, David) |
| Filing 49 SUMMONS Returned Executed by Aaron Kapp as to Unco Data Systems, Inc. on 6/4/2019, answer due 6/25/2019. (Baltabols, Mara) |
| Filing 48 CERTIFICATE of Service by Defendant Culligan Soft Water Service Co. , SUMMONS Returned Executed by Aaron Kapp as to Culligan Soft Water Service Co. on 6/4/2019, answer due 6/25/2019. (Baltabols, Mara) |
| Filing 47 SUMMONS Returned Executed by Aaron Kapp as to Eastern Wisconsin Water Conditioning Co. on 6/4/2019, answer due 6/25/2019. (Baltabols, Mara) |
| Filing 46 NOTICE of Motion by Mara Ann Baltabols for presentment of before Honorable Matthew F. Kennelly on 6/6/2019 at 09:30 AM. (Baltabols, Mara) |
| Filing 45 MOTION by Plaintiff Aaron Kapp to Withdraw Motion to Extend Time for Service (Baltabols, Mara) |
| Filing 44 NOTICE of Motion by Mara Ann Baltabols for presentment of extension of time #43 before Honorable Matthew F. Kennelly on 6/6/2019 at 09:30 AM. (Baltabols, Mara) |
| Filing 43 MOTION by Plaintiff Aaron Kapp for extension of time for service (Baltabols, Mara) |
| Filing 42 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 5/23/2019. Documents requests are to be served by 5/24/2019; objections are due by 5/31/2019. Joint status report regarding discovery issues as stated in open court to be filed by 6/4/2019. Status hearing is set for 6/6/2019 at 9:30 a.m. Mailed notice. (pjg, ) |
| Filing 41 STATUS Report regarding jurisdictional discovery by Aaron Kapp (Attachments: #1 Ex A - Hearing Transcript)(Baltabols, Mara) |
| Filing 40 MINUTE entry before the Honorable Matthew F. Kennelly: Defendants Culligan Soft Water, Eastern Wisconsin Water Conditioning, and Unco Data's request to continue status and motion hearing is granted without objection. Motion to dismiss/lack of jurisdiction #35 and status hearing reset to 5/23/2019 at 9:30 a.m. Hearing date of 5/21/2019 is stricken. Mailed notice (mw, ) |
| ALIAS Summons Issued as to Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc.. (mc, ) |
| Filing 39 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 5/8/2019. Motion to dismiss/lack of jurisdiction #35 and status hearing continued to 5/21/2019 at 9:30 a.m. Joint status report regarding discovery on personal jurisdiction issue as stated in open court to be filed by 5/17/2019. The Clerk is directed to issue alias summons. Mailed notice. (pjg, ) |
| Filing 38 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 5/8/2019 at 9:00 AM is moved to 9:30 AM on that date. (mk) |
| Filing 37 NOTICE of Motion by David M Schultz for presentment of motion to dismiss/lack of jurisdiction #35 before Honorable Matthew F. Kennelly on 5/8/2019 at 09:30 AM. (Schultz, David) |
| Filing 36 MEMORANDUM by Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. in support of motion to dismiss/lack of jurisdiction #35 (Attachments: #1 Exhibit, #2 Declaration, #3 Declaration, #4 Declaration)(Schultz, David) (Docket Text Modified by Clerk's Office on 5/1/2019) (sxb, ). |
| Filing 35 MOTION by Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. to dismiss for lack of personal jurisdiction, improper venue, or in the alternative, to transfer venue. (Schultz, David) Docket Text Modified by Clerk's Office on 5/1/2019 (jjr, )(sxb, ). |
| Filing 34 MINUTE entry before the Honorable Matthew F. Kennelly: At plaintiff's request, by agreement with the defendants, the 5/2/2019 status hearing is vacated and reset for 5/8/2019 at 9:00 a.m. Mailed notice. (pjg, ) |
| Filing 33 MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for enlargement of time is granted; response to amended complaint is to be filed by 5/1/2019. Defendants' should not expect a further extension. The status hearing set for 4/18/2019 is vacated and reset to 5/2/2019 at 9:00 AM. (mk) |
| Filing 32 ATTORNEY Appearance for Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. by John Paul Ryan (Ryan, John) |
| Filing 31 ATTORNEY Appearance for Defendants Culligan International Company, Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. by David M Schultz (Schultz, David) |
| Filing 30 NOTICE of Motion by Brandon S. Stein for presentment of motion for extension of time to file answer #29 before Honorable Matthew F. Kennelly on 4/10/2019 at 09:30 AM. (Stein, Brandon) |
| Filing 29 MOTION by Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. for extension of time to file answer regarding amended complaint #18 (Stein, Brandon) |
| Filing 28 ATTORNEY Appearance for Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. by Brandon S. Stein (Stein, Brandon) |
| Filing 27 ATTORNEY Appearance for Plaintiff Aaron Kapp by Adam E. Urbanczyk (Urbanczyk, Adam) |
| Filing 26 SUMMONS Returned Executed by Aaron Kapp as to Unco Data Systems, Inc. on 3/20/2019, answer due 4/10/2019. (Baltabols, Mara) |
| Filing 25 SUMMONS Returned Executed by Aaron Kapp as to Culligan Soft Water Service Co. on 3/20/2019, answer due 4/10/2019. (Baltabols, Mara) |
| Filing 24 SUMMONS Returned Executed by Aaron Kapp as to Eastern Wisconsin Water Conditioning Co. on 3/20/2019, answer due 4/10/2019. (Baltabols, Mara) |
| Filing 23 MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 3/20/2019. Status hearing is continued to 4/18/2019 at 9:00 AM. Mailed notice. (pjg, ) |
| Filing 22 ANSWER to amended complaint by Culligan International Company(Caccamo, Matthew) |
| SUMMONS Issued as to Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. (pk, ) |
| Filing 21 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to amend the complaint and add defendants and to deem his amended complaint timely filed #19 is granted, but the latter aspect of this order is conditioned upon plaintiff serving the new defendants with summons, not a waiver. The Clerk is directed to add Eastern Wisconsin Water Conditioning Co., Culligan Soft Water Service Co., and Unco Data Systems, Inc. as defendants and is directed to issue summons to those defendants. The case remains set for a status hearing on 3/20/2019 as previously ordered. (mk) |
| Filing 20 NOTICE of Motion by Phillip A. Bock for presentment of motion to amend/correct #19 before Honorable Matthew F. Kennelly on 3/20/2019 at 09:30 AM. (Bock, Phillip) |
| Filing 19 MOTION by Plaintiff Aaron Kapp to amend/correct amended complaint #18 (Attachments: #1 Exhibit A)(Bock, Phillip) |
| Filing 18 AMENDED complaint by Aaron Kapp against Culligan International Company (Bock, Phillip) |
| Filing 17 MINUTE entry before the Honorable Matthew F. Kennelly: At plaintiff's request, and by agreement of the parties, the 3/13/2019 status hearing is vacated and reset for 3/20/2019 at 9:00 a.m. Mailed notice. (pjg, ) |
| Filing 16 Defendant's ANSWER to Complaint by Culligan International Company(Caccamo, Matthew) |
| Filing 15 MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 3/13/2019 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. (mk) |
| Filing 14 MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' unopposed motion for extension of time #12 is granted; response to complaint is to be filed by 2/14/2019. (mk) |
| Filing 13 Defendant's NOTICE of Motion by Matthew J Caccamo for presentment of motion for extension of time to file answer #12 before Honorable Matthew F. Kennelly on 2/5/2019 at 09:30 AM. (Caccamo, Matthew) |
| Filing 12 MOTION by Defendant Culligan International Company for extension of time to file answer (Caccamo, Matthew) |
| Filing 11 ATTORNEY Appearance for Plaintiff Aaron Kapp by Mark Anthony Bulgarelli (Bulgarelli, Mark) |
| Filing 10 ATTORNEY Appearance for Plaintiff Aaron Kapp by Mara Ann Baltabols (Baltabols, Mara) |
| Filing 9 ATTORNEY Appearance for Plaintiff Aaron Kapp by David Max Oppenheim (Oppenheim, David) |
| Filing 8 ATTORNEY Appearance for Plaintiff Aaron Kapp by Tod Allen Lewis (Lewis, Tod) |
| Filing 7 ATTORNEY Appearance for Plaintiff Aaron Kapp by Phillip A. Bock (Bock, Phillip) |
| Filing 6 ATTORNEY Appearance for Plaintiff Aaron Kapp by Ilan Chorowsky (Chorowsky, Ilan) |
| Filing 5 MAILED Notice of Removal Letter to all counsel of record. (smm, ) |
| Filing 4 CIVIL Cover Sheet (Letchinger, John) |
| Filing 3 ATTORNEY Appearance for Defendant Culligan International Company by John Sheldon Letchinger (Letchinger, John) |
| Filing 2 ATTORNEY Appearance for Defendant Culligan International Company by Matthew J Caccamo (Caccamo, Matthew) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2018-CH-15540) filed by Culligan International Company Filing fee $ 400, receipt number 0752-15389448. (Caccamo, Matthew) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jjr, ) |
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