Ingredion Incorporated v. SweeGen, Inc.
Plaintiff: Ingredion Incorporated
Defendant: SweeGen, Inc.
Case Number: 1:2019cv03879
Filed: June 10, 2019
Court: US District Court for the Northern District of Illinois
Presiding Judge: Edmond E Chang
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 12, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2019 Filing 46 MINUTE entry before the Honorable Edmond E. Chang: At the parties' request and in light of the status report #45 , the status hearing of 07/12/2019 is reset to 09/05/2019 at 10:30 a.m. Emailed notice (slb, )
July 11, 2019 Filing 45 STATUS Report [Joint] by Ingredion Incorporated (Solotorovsky, Alec)
June 27, 2019 Filing 44 TRANSCRIPT OF PROCEEDINGS held on June 20, 2019 before the Honorable Edmond E. Chang. Motion. Court Reporter Contact Information: Blanca I. Lara, 219 South Dearborn, Room 1714, Chicago, Illinois 60604, blanca_lara@ilnd.uscourts.gov.

< Redaction Request due 7/18/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/25/2019. (Lara, Blanca)
June 27, 2019 Filing 43 TRANSCRIPT OF PROCEEDINGS held on June 11, 2019 before the Honorable Edmond E. Chang. Motion,. Order Number: 35016. Court Reporter Contact Information: Blanca I. Lara, 219 South Dearborn, Room 1714, Chicago, Illinois 60604, blanca_lara@ilnd.uscourts.gov.

< Redaction Request due 7/18/2019. Redacted Transcript Deadline set for 7/29/2019. Release of Transcript Restriction set for 9/25/2019. (Lara, Blanca)
June 20, 2019 Filing 42 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion #6 for temporary restraining order. For the reasons detailed during the hearing, the motion is denied. In sum, the availability of AAA Rule 38 (emergency relief) undermines, in these specific circumstances, the showing of inadequate remedy at law. The denial is without prejudice to a later showing that AAA is not moving with sufficient speed, thus rendering the contractual remedy inadequate. For the sake of the docket, the motions #7 #36 to file sealed versions are granted. Status hearing is set for 07/12/2019 at 12 p.m. Emailed notice (slb, )
June 19, 2019 Filing 41 SUMMONS Returned Executed by Ingredion Incorporated as to SweeGen, Inc. on 6/12/2019, answer due 7/3/2019. (Eimer, Nathan)
June 19, 2019 Filing 40 AFFIDAVIT of Nathan Yates regarding reply, #38 [Redacted, Second Affidavit] (Solotorovsky, Alec)
June 19, 2019 Filing 39 AFFIDAVIT of Kurt Callaghan regarding reply, #38 [Redacted] (Solotorovsky, Alec)
June 19, 2019 Filing 38 REPLY by Plaintiff Ingredion Incorporated to motion for temporary restraining order #6 [Redacted] (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (Redacted), #3 Exhibit C, #4 Exhibit E (Redacted), #5 Exhibit F (Redacted), #6 Exhibit G (Redacted), #7 Exhibit H (Redacted), #8 Exhibit I (Redacted), #9 Exhibit J (Redacted), #10 Exhibit K, #11 Exhibit L (Filed Under Seal))(Solotorovsky, Alec)
June 19, 2019 Filing 37 NOTICE of Motion by Alec Solotorovsky for presentment of motion to seal #36 before Honorable Edmond E. Chang on 6/20/2019 at 02:30 PM. (Solotorovsky, Alec)
June 19, 2019 Filing 36 MOTION by Plaintiff Ingredion Incorporated to seal Reply Brief, Exhibits, and Affidavits (Solotorovsky, Alec)
June 19, 2019 Filing 35 SEALED DOCUMENT by Plaintiff Ingredion Incorporated [Unredacted Second Affidavit of Nathan Yates] (Solotorovsky, Alec)
June 19, 2019 Filing 34 SEALED DOCUMENT by Plaintiff Ingredion Incorporated [Unredacted Affidavit of Kurt Callaghan] (Solotorovsky, Alec)
June 19, 2019 Filing 33 SEALED DOCUMENT by Plaintiff Ingredion Incorporated [Unredacted Reply in support of Plaintiff's Motion ECF No. 9] (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L)(Solotorovsky, Alec)
June 19, 2019 Filing 32 SEALED RESPONSE by SweeGen, Inc. to memorandum in opposition to motion #27 (Attachments: #1 Exhibit A-E)(Prendergast, Richard)
June 19, 2019 Filing 31 MINUTE entry before the Honorable Edmond E. Chang: Defendant's excess-pages motion #26 is granted. Defendant's motion #28 to file sealed version is granted provisionally; the Court will review the propriety of sealing again when considering the underlying substantive motion. DEFENDANT SHALL IMMEDIATELY file the sealed versions. Local Rule 26.2(c) requires that the sealed version is to be provisionally filed along with the motion to seal, and *not* await the granting of the motion. Emailed notice (slb, )
June 17, 2019 Filing 30 NOTICE of Motion by Richard J. Prendergast for presentment of motion for leave to file excess pages #26 before Honorable Edmond E. Chang on 6/20/2019 at 08:30 AM. (Prendergast, Richard)
June 17, 2019 Filing 29 NOTICE of Motion by Richard J. Prendergast for presentment of motion to seal document #28 before Honorable Edmond E. Chang on 6/20/2019 at 08:30 AM. (Prendergast, Richard)
June 17, 2019 Filing 28 MOTION by Defendant SweeGen, Inc. to seal document memorandum in opposition to motion #27 (Prendergast, Richard)
June 17, 2019 Filing 27 MEMORANDUM by SweeGen, Inc. in Opposition to motion for temporary restraining order #6 (Attachments: #1 Exhibit A, #2 Affidavit B, #3 Exhibit A-K, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Prendergast, Richard)
June 17, 2019 Filing 26 MOTION by Defendant SweeGen, Inc. for leave to file excess pages (Prendergast, Richard)
June 17, 2019 Filing 25 ATTORNEY Appearance for Defendant SweeGen, Inc. by Collin Matthew Bruck (Bruck, Collin)
June 17, 2019 Filing 24 ATTORNEY Appearance for Defendant SweeGen, Inc. by Michael Thomas Layden (Layden, Michael)
June 17, 2019 Filing 23 ATTORNEY Appearance for Defendant SweeGen, Inc. by Richard J. Prendergast (Prendergast, Richard)
June 14, 2019 Filing 22 MINUTE entry before the Honorable Edmond E. Chang: Defendant's motion to substitute counsel #21 is granted. Leave of court is given to Attorneys Andrew G. Klevorn and John K. Whitaker to withdraw their appearances on behalf of Defendant. Leave of court is given to Attorneys Richard J. Prendergast and Michael T. Layden to file their appearances on behalf of Defendant. Emailed notice (slb, )
June 14, 2019 Filing 21 MOTION by Defendant SweeGen, Inc. to substitute attorney (EMERGENCY MOTION to Substitute Counsel) (Klevorn, Andrew)
June 13, 2019 Filing 20 MINUTE entry before the Honorable Edmond E. Chang: The agreed extension motion #19 is granted as follows: Defendant's response to the TRO motion due by 06/17/2019 at 5 p.m. Plaintiff's reply by 06/19/2019 at 5 p.m. 3. The hearing is reset from 06/18/2019 to 06/20/2019 at 2:30 p.m.Emailed notice (slb, )
June 13, 2019 Filing 19 MOTION by Plaintiff Ingredion Incorporated to Reset Schedule [Agreed Motion] (Solotorovsky, Alec)
June 11, 2019 Filing 18 ATTORNEY Appearance for Defendant SweeGen, Inc. by John Kelley Whitaker (Whitaker, John)
June 11, 2019 Filing 17 MINUTE entry before the Honorable Edmond E. Chang: Hearing held on Plaintiff's for temporary restraining order #6 . On the threshold issue of subject matter jurisdiction, Plaintiff and Defendant confirmed that "headquartered" was used as synonym for principal place of business. So diversity of citizenship is confirmed. The Court set a response deadline of 06/14/2019 for Defendant to respond to the TRO motion, including affidavits and exhibits as needed to compile a record. Plaintiff may reply by 12 p.m. on 06/17/2019. Hearing on the motion for TRO continued to 06/18/2019 at 2:30 p.m. As detailed during the hearing, one of Plaintiff's five arguments on irreparable harm and inadequate remedy at law appears to be substantial, specifically the difficulty in proving lost continued sales to Plaintiff-developed accounts and in proving lost sales to new potential customers. On likelihood of success, Winter v. Natural Resources Defense Council, 555 U.S. 7, 20 (2008) ("A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits..."), Defendant's letter of 04/03/2019 does appear to qualify as written notice under Agreement Section 12(b), starting the 30-day clock for cure. That cast a very different light on the 05/31/2019 letter, which did not expressly refer to the termination section. Having said that, if Defendant intended the 05/31/2019 letter to represent an invocation of a Section 12(b) with-cause termination, then it did so in an odd way, referring to "rescission" and arguing that the failure to agree on the Minimum Binding Commitment had the effect of "rendering illusory the bi-lateral exchange of consideration." See Norton v. Poplos, 443 A.2d 1, 4 (Del. 1982) (rescission is an equitable remedy most often applicable after findings of fraud, misrepresentation, and mistake -- none of which appear applicable here). Also, if Plaintiff's filing paints a complete picture of the negotiations on the Minimum Binding Commitment, Defendant should re-think whether it has taken into account the Section 6(d) factors in good faith. The Court does strongly encourage both sides to reconsider their legal and business positions now that they have the benefit of outside counsel who can provide a realistic assessment of the situation. Emailed notice (slb, )
June 11, 2019 Filing 16 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. (rp, )
June 11, 2019 Filing 15 ATTORNEY Appearance for Defendant SweeGen, Inc. by Andrew George Klevorn (Klevorn, Andrew)
June 11, 2019 SUMMONS Issued as to Defendant SweeGen, Inc. (kb, )
June 10, 2019 Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Ingredion Incorporated (Eimer, Nathan)
June 10, 2019 Filing 13 NOTICE of Motion by Nathan P. Eimer for presentment of motion to seal #7 before Honorable Edmond E. Chang on 6/11/2019 at 10:30 AM. (Eimer, Nathan)
June 10, 2019 Filing 12 NOTICE of Motion by Nathan P. Eimer for presentment of motion for temporary restraining order #6 before Honorable Edmond E. Chang on 6/11/2019 at 10:30 AM. (Eimer, Nathan)
June 10, 2019 Filing 11 SEALED DOCUMENT by Plaintiff Ingredion Incorporated [Unredacted Version of Affidavit of Nathan Yates] (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Eimer, Nathan)
June 10, 2019 Filing 10 AFFIDAVIT of Nathan Yates [Redacted] (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B, #3 Exhibit C)(Eimer, Nathan)
June 10, 2019 Filing 9 SEALED DOCUMENT by Plaintiff Ingredion Incorporated [Unredacted Version of Plaintiff's Motion ECF No. 6] ] (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Proposed Order)(Eimer, Nathan)
June 10, 2019 Filing 8 SEALED DOCUMENT by Plaintiff Ingredion Incorporated [Unredacted Version of Complaint for Injunctive Relief Pending Arbitration] (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Eimer, Nathan)
June 10, 2019 Filing 7 MOTION by Plaintiff Ingredion Incorporated to seal (Eimer, Nathan)
June 10, 2019 Filing 6 MOTION by Plaintiff Ingredion Incorporated for temporary restraining order (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D - Proposed Order)(Eimer, Nathan)
June 10, 2019 Filing 5 ATTORNEY Appearance for Plaintiff Ingredion Incorporated by Eric Mackie (Mackie, Eric)
June 10, 2019 Filing 4 ATTORNEY Appearance for Plaintiff Ingredion Incorporated by Alec Jason Solotorovsky (Solotorovsky, Alec)
June 10, 2019 Filing 3 ATTORNEY Appearance for Plaintiff Ingredion Incorporated by Nathan P. Eimer (Eimer, Nathan)
June 10, 2019 CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (pj, )
June 10, 2019 Filing 2 CIVIL Cover Sheet (Eimer, Nathan)
June 10, 2019 Filing 1 COMPLAINT filed by Ingredion Incorporated; Filing fee $ 400, receipt number 0752-15913477. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B, #3 Exhibit C)(Eimer, Nathan)

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Plaintiff: Ingredion Incorporated
Represented By: Alec Jason Solotorovsky
Represented By: Nathan P. Eimer
Represented By: Eric Mackie
Represented By: Alec Solotorovsky
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Defendant: SweeGen, Inc.
Represented By: Andrew George Klevorn
Represented By: Michael Thomas Layden
Represented By: John Kelley Whitaker
Represented By: Collin Matthew Bruck
Represented By: Richard J. Prendergast
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