BookXchange FL, LLC v. Book Runners, LLC et al
| BOOKXCHANGE FL, LLC, and BookXchange FL, LLC |
| Andrew McCotter, Tobias Kaplan and BOOK RUNNERS, LLC |
| 1:2019cv00506 |
| January 24, 2019 |
| US District Court for the Northern District of Illinois |
| Sheila M Finnegan |
| Robert W Gettleman |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 55 REPLY by Book Runners, LLC, Tobias Kaplan, Andrew McCotter to memorandum in opposition to motion #39 to Dismiss Counts I, II, IV and V for Failure to State a Claim (Wilson, Mark) |
| Filing 54 REPLY by Book Runners, LLC, Tobias Kaplan, Andrew McCotter to MOTION by Defendants Andrew McCotter, Tobias Kaplan, Book Runners, LLC to dismiss for lack of jurisdiction (corrected filing for ECF9) #17 , memorandum in opposition to motion #37 (redacted) (Attachments: #1 Exhibit 1 (Plaintiff's interrogatory responses), #2 Exhibit 2 (Defendants' redacted interrogatory responses), #3 Exhibit 3 (settlement agreement redacted excerpts), #4 Exhibit 4 (Plaintiff's Notice of Dismissal), #5 Exhibit 5 (Order of Dismissal), #6 Certificate of Service)(Wilson, Mark) |
| Filing 53 SEALED REPLY by Book Runners, LLC, Tobias Kaplan, Andrew McCotter to sealed response #49 in further support of motion to dismiss for lack of subject-matter jurisdiction (Attachments: #1 Exhibit 1 (Plaintiff's interrogatory responses), #2 Exhibit 2 (Defendants' interrogatory responses), #3 Exhibit 3 (settlement agreement excerpt), #4 Exhibit 4 (Plaintiff's Notice of Dismissal), #5 Exhibit 5 (Order of Dismissal), #6 Certificate of Service)(Wilson, Mark) |
| Filing 52 MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 3/13/2019. Plaintiff's motion for leave to amend complaint and memorandum of law in support #35 is granted. Defendants' motion to strike plaintiff's opposition to defendants' motion to dismiss for lack of subject-matter jurisdiction #40 is withdrawn without prejudice. Plaintiff's consented motion for leave to file under seal and to amend briefing schedule #46 is granted. Defendants' replies in support of the motions to dismiss due by 3/20/2019. Defendants' oral motion to file reply briefs under seal is granted. The court will treat defendants' motions to dismiss as being directed toward the plaintiff's first amended complaint. Mailed notice (cn). |
| Filing 51 AMENDED complaint by BookXchange FL, LLC against Book Runners, LLC, Tobias Kaplan, Andrew McCotter (Attachments: #1 Exhibit A-C)(Nelson, Cameron) |
| Filing 50 MINUTE entry before the Honorable Sheila M. Finnegan: Status hearing held 3/13/2019. Having reviewed the parties' 3/5/2019 Joint Status Report #43 and heard oral argument regarding the discovery disputes addressed therein, the Court rules as follows: (1) Defendants' proposed Request No. 2 in the subpoena it will serve on non-party Amazon is stricken for the reasons stated during the hearing, without prejudice to Defendants proposing to Plaintiff's counsel alternative narrowed request(s) seeking specific documents (as opposed to "documents concerning any combination in restraint of trade"). (2) By agreement, all documents produced in response to any subpoena served on Amazon by any party will be treated Attorneys' Eyes Only unless designated otherwise after review. (3) All requests in Plaintiff's Amazon subpoena will be limited to the time period 9/1/2018 to 1/24/2019 (the complaint filing date). (4) All documents produced in response to Request Nos. 7-8 in Plaintiff's Amazon subpoena shall be produced in the first instance to counsel for Defendants for their review of whether extraneous information needs to be redacted, after which the parties shall meet and confer regarding any such redactions before raising any dispute with the Court. Also for these requests, Plaintiff shall provide Amazon with a list of email addresses and user names already disclosed in discovery, so that Amazon need only produce information sufficient to identify any additional email addresses and/or user names in its possession. (5) All documents produced in response to Request No. 9 in Plaintiff's Amazon subpoena also shall be served on Defendants' counsel in the first instance for review and potential redaction, followed by a meet and confer regarding any such redactions if needed; but Plaintiff is also free to attempt to narrow the request sufficiently to obtain Defendants' agreement to the documents being produced directly to Plaintiff's counsel. (6) Plaintiff may include Request Nos. 13-14 in its Amazon subpoena but shall advise Amazon in a cover letter that those requests are being deferred until after the parties have received and reviewed the information produced in response to Plaintiff's other requests to determine whether any need for Request Nos. 13-14 remains. (7) Defendants' objections to the foregoing requests and to Request Nos. 10-12 in Plaintiff's Amazon subpoena are otherwise overruled. (8) A telephone status hearing is set for April 10, 2019, at 10:00 a.m., but the parties' may contact the Courtroom Deputy to reschedule that hearing to a more convenient date by agreement. To join the telephone status hearing, dial 1-877-336-1831, use Access Code 5995354, and press #.Mailed notice (sxw, ) |
| Filing 49 SEALED RESPONSE by BookXchange FL, LLC to MOTION by Defendants Andrew McCotter, Tobias Kaplan, Book Runners, LLC to dismiss for lack of jurisdiction #9 (Nelson, Cameron) |
| Filing 48 Unopposed, Amended NOTICE of Motion by Mark Edward Wilson for presentment of motion to strike #40 before Honorable Robert W. Gettleman on 3/13/2019 at 09:15 AM. (Wilson, Mark) |
| Filing 47 NOTICE of Motion by Cameron Matthew Nelson for presentment of motion to seal document, #46 before Honorable Robert W. Gettleman on 3/13/2019 at 09:15 AM. (Nelson, Cameron) |
| Filing 46 MOTION by Plaintiff BookXchange FL, LLC to seal document sealed document #38 , MOTION by Defendants Andrew McCotter, Tobias Kaplan, Book Runners, LLC to dismiss for lack of jurisdiction #9 , memorandum in opposition to motion #37 - Consented Motion for Leave to File Under Seal and to Amend Briefing Schedule (Nelson, Cameron) |
| Filing 45 Unopposed Revised NOTICE of Motion by Cameron Matthew Nelson for presentment of motion to amend/correct #35 before Honorable Robert W. Gettleman on 3/13/2019 at 09:15 AM. (Nelson, Cameron) |
| Filing 44 MINUTE entry before the Honorable Sheila M. Finnegan: By agreement, the Magistrate Judge status hearing set on 3/7/2019 is cancelled and reset to 3/13/2019 at 10:00 a.m.Mailed notice (sxw, ) |
| Filing 43 STATUS Report - Joint by BookXchange FL, LLC (Nelson, Cameron) |
| Filing 42 ATTORNEY Appearance for Plaintiff BookXchange FL, LLC by Robert P. Greenspoon (Greenspoon, Robert) |
| Filing 41 NOTICE of Motion by Mark Edward Wilson for presentment of motion to strike #40 before Honorable Robert W. Gettleman on 3/7/2019 at 09:15 AM. (Wilson, Mark) |
| Filing 40 MOTION by Defendants Book Runners, LLC, Tobias Kaplan, Andrew McCotter to strike sealed document #38 , memorandum in opposition to motion #37 (Wilson, Mark) |
| Filing 39 MEMORANDUM by BookXchange FL, LLC in Opposition to Motion to Dismiss for Failure to State a Claim #12 (Nelson, Cameron) |
| Filing 38 SEALED DOCUMENT by Plaintiff BookXchange FL, LLC - PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1) (Nelson, Cameron) |
| Filing 37 MEMORANDUM by BookXchange FL, LLC in Opposition to motion to dismiss/lack of jurisdiction #9 (Nelson, Cameron) |
| Filing 36 NOTICE of Motion by Cameron Matthew Nelson for presentment of motion to amend/correct #35 before Honorable Robert W. Gettleman on 2/7/2019 at 09:15 AM. (Nelson, Cameron) |
| Filing 35 MOTION by Plaintiff BookXchange FL, LLC to amend/correct complaint #1 (Attachments: #1 Exhibit A, #2 Exhibit B)(Nelson, Cameron) |
| Filing 34 MINUTE entry before the Honorable Robert W. Gettleman: Plaintiff's unopposed motion for extension of time #29 is terminated as moot. Plaintiff's amended unopposed motion for extension of time #30 to file response in opposition to defendants' motions to dismiss #29 is granted. Plaintiff's response to defendants' motions to dismiss #9 #12 due by 2/27/2019, defendants' replies due 3/13/2019. Status hearing remains set for 4/18/2019 at 9:00 a.m. Motion presentment hearing set for 3/7/2019 is stricken. Mailed notice (cn). |
| Filing 33 MINUTE entry before the Honorable Robert W. Gettleman: Due to a clerical error, the Order entered at #32 is to be removed from the docket. Mailed notice (cn). |
| Filing 32 Entered in Error. |
| Filing 31 NOTICE of Motion by Cameron Matthew Nelson for presentment of motion to amend/correct, #30 , motion for extension of time to file response/reply, #29 before Honorable Robert W. Gettleman on 3/7/2019 at 09:15 AM. (Nelson, Cameron) |
| Filing 30 MOTION by Plaintiff BookXchange FL, LLC to amend/correct MOTION by Plaintiff BookXchange FL, LLC for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim #12 - UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS #29 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Book Runners, LLC, Tobias Kaplan, Andrew McCotter (Counts I, II, IV and V) #12 (Nelson, Cameron) |
| Filing 29 MOTION by Plaintiff BookXchange FL, LLC for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim #12 - UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS COMPLAINT FOR LACK OF SUBJECT MATTER JURISDICTION AND MOTION TO DISMISS COUNTS I, II, IV, AND V OF PLAINTIFFS COMPLAINT PURSUANT TO FED. R. CIV. P. 12(B)(6) (Nelson, Cameron) |
| Filing 28 TRANSCRIPT OF PROCEEDINGS held on 2/12/19 before the Honorable Sheila M. Finnegan. Order Number: 33688. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@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 3/14/2019. Redacted Transcript Deadline set for 3/25/2019. Release of Transcript Restriction set for 5/22/2019. (Mullen, Patrick) |
| Filing 27 JOINT PROTECTIVE Order signed by the Honorable Sheila M. Finnegan on 2/19/2019.Mailed notice(sxw, ) |
| Filing 26 MINUTE entry before the Honorable Sheila M. Finnegan: The parties' Joint Motion for Entry of Protective Order #24 is granted with amendments. To be consistent with LR 26.2, paragraphs 7 and 11 have both been modified to clarify that the Court must determine whether there is good cause for allowing documents that were designated as confidential when produced in discovery to be filed under seal, and whether such documents may be used at a trial/hearing or in a substantive motion. Motion hearing set on 2/21/2019 is cancelled.Mailed notice (sxw, ) |
| Filing 25 NOTICE of Motion by Cameron Matthew Nelson for presentment of motion for protective order #24 before Honorable Sheila M. Finnegan on 2/21/2019 at 09:15 AM. (Nelson, Cameron) |
| Filing 24 MOTION by Plaintiff BookXchange FL, LLC for protective order - Joint (Attachments: #1 Exhibit A, #2 Exhibit B)(Nelson, Cameron) |
| Filing 23 MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge status hearing held on 2/12/2019 and continued to 3/7/2019 at 10:45 a.m. After hearing argument from the parties on various discovery issues and their proposed schedules, the Court ruled as follows. Discovery shall proceed in phases with the first phase focusing on the period after execution of releases pursuant to the prior settlement (9/2018). The Court will then hear from the parties as to the necessity for (and scope of) additional discovery in light of what was learned during the first phase. By 2/15/2019, the parties are to file a proposed protective order (if it is an agreed order, they shall also send it to the Court at Proposed_Order_Finnegan@ilnd.uscourts.gov. By 2/18/2019, parties shall exchange Rule 26(a)(1) disclosures. By 2/22/2019, parties shall issue written discovery and serve opposing parties with drafts of any non-party subpoenas they intend to serve based on currently known information. Absent objections, the subpoenas shall be served by 3/1/2019. Responses to written discovery shall be served within 21 days. Fact discovery shall close on 4/15/2019 but the Court will consider extending this after hearing from the parties at a future status. Finally, if the parties intend to argue any issues at the next status hearing, they shall file a Joint Status Report 2 days beforehand that identifies the disputed issues and provides a brief statement of each side's position. Mailed notice (sxw, ) |
| Filing 22 STATUS Report /Joint Status Report by BookXchange FL, LLC (Nelson, Cameron) |
| Filing 21 TRANSCRIPT OF PROCEEDINGS held on February 5, 2019 before the Honorable Robert W. Gettleman. Order Number: 33610. Court Reporter Contact Information: Nancy L. Bistany - nancy_bistany@ilnd.uscourts.gov - https://www.ilnd.uscourts.gov/transcript-order-form.aspx. 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 3/1/2019. Redacted Transcript Deadline set for 3/11/2019. Release of Transcript Restriction set for 5/9/2019. (Bistany, Nancy) |
| Filing 20 MINUTE entry before the Honorable Sheila M. Finnegan: Parties shall file a joint status report on 2/11/2019 setting forth their proposed discovery plan and schedule and identifying any agreements or disagreements on these topics. Status hearing is set on 2/12/2019 at 10:00 a.m. in Courtroom 2214.Mailed notice (sxw, ) |
| Filing 19 MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 2/5/2019. For the reasons stated on the record, Plaintiff BookXchange FL, LLC's motion for temporary restraining order, order for expedited discovery, and disclosure of comprehensive lists of defendants' computers and/or mobile devices and disclosure of all of defendants' transactions with Amazon for the past 18 months #2 is denied in part, granted in part and referred in part. Plaintiff's request for temporary restraining order is denied. Plaintiff's request for order for expedited discovery is granted. Plaintiff's request for expedited discovery, and disclosure of comprehensive lists of defendants' computers and/or mobile devices and disclosure of all of defendants' transactions with Amazon for the past 18 months #2 is referred to Magistrate Judge Finnegan to set a schedule. Plaintiff's response to defendants' motion to dismiss for lack of subject matter jurisdiction #9 #17 and Defendants' motion to dismiss Counts I, II, IV, and V of Plaintiff's Complaint pursuant to Fed. R. Civ. P. 12(b)(6) #12 is due by 2/26/2019, defendants' reply due by 3/12/2019. Motion presentment hearing set for 2/7/2019 is stricken. Status hearing set for 4/18/2019 at 9:00 a.m. Mailed notice (cn). |
| Filing 18 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to: discovery supervision and settlement. (cn) Mailed notice. |
| Filing 17 MOTION by Defendants Andrew McCotter, Tobias Kaplan, Book Runners, LLC to dismiss for lack of jurisdiction (corrected filing for ECF9) (Wilson, Mark) |
| Filing 16 DECLARATION of Andrew McCotter regarding motion to dismiss/lack of jurisdiction #9 , response in opposition to motion, #8 , memorandum in support of motion #10 (Wilson, Mark) |
| Filing 15 DECLARATION of Tobias Kaplan regarding memorandum in support of motion #10 , motion to dismiss/lack of jurisdiction #9 , response in opposition to motion, #8 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Wilson, Mark) |
| Filing 14 NOTICE of Motion by Mark Edward Wilson for presentment of Motion to Dismiss for Failure to State a Claim #12 before Honorable Robert W. Gettleman on 2/7/2019 at 09:15 AM. (Wilson, Mark) |
| Filing 13 MEMORANDUM by Book Runners, LLC, Tobias Kaplan, Andrew McCotter in support of Motion to Dismiss for Failure to State a Claim #12 (Counts I, II, IV and V) (Wilson, Mark) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Book Runners, LLC, Tobias Kaplan, Andrew McCotter (Counts I, II, IV and V) (Wilson, Mark) |
| Filing 11 NOTICE of Motion by Mark Edward Wilson for presentment of motion to dismiss/lack of jurisdiction #9 before Honorable Robert W. Gettleman on 2/7/2019 at 09:15 AM. (Wilson, Mark) |
| Filing 10 MEMORANDUM by Book Runners, LLC, Tobias Kaplan, Andrew McCotter in support of motion to dismiss/lack of jurisdiction #9 (Wilson, Mark) |
| Filing 9 MOTION by Defendants Andrew McCotter, Tobias Kaplan, Book Runners, LLC to dismiss for lack of jurisdiction (Wilson, Mark) |
| Filing 8 RESPONSE by Book Runners, LLC, Tobias Kaplan, Andrew McCotterin Opposition to MOTION by Plaintiff BOOKXCHANGE FL, LLC, for temporary restraining order MOTION by Plaintiff BOOKXCHANGE FL, LLC, to expedite Discovery #2 (Wilson, Mark) |
| Filing 7 ATTORNEY Appearance for Defendants Book Runners, LLC, Tobias Kaplan, Andrew McCotter by Mark Edward Wilson (Wilson, Mark) |
| Filing 6 Amended NOTICE of Motion by Cameron Matthew Nelson for presentment of motion for temporary restraining order, motion to expedite #2 before Honorable Robert W. Gettleman on 2/5/2019 at 09:15 AM. (Nelson, Cameron) |
| Filing 5 NOTICE of Motion by Cameron Matthew Nelson for presentment of motion for temporary restraining order, motion to expedite #2 before Honorable Robert W. Gettleman on 1/29/2019 at 09:15 AM. (Nelson, Cameron) |
| Filing 4 ATTORNEY Appearance for Plaintiff BookXchange FL, LLC by Michael R. Friedman (Friedman, Michael) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Sheila Finnegan. Case assignment: Random assignment. (rc, ) |
| Filing 3 MEMORANDUM by BOOKXCHANGE FL, LLC, in support of motion for temporary restraining order, motion to expedite #2 (Attachments: #1 Exhibit A, #2 Exhibit B)(Nelson, Cameron) |
| Filing 2 MOTION by Plaintiff BOOKXCHANGE FL, LLC, for temporary restraining order , MOTION by Plaintiff BOOKXCHANGE FL, LLC, to expedite Discovery (Attachments: #1 Text of Proposed Order)(Nelson, Cameron) |
| Filing 1 COMPLAINT filed by BOOKXCHANGE FL, LLC,; Jury Demand. Filing fee $ 400, receipt number 0752-15412822. (Attachments: #1 Civil Cover Sheet)(Nelson, Cameron) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
