Potbelly Sandwich Works, LLC v. Montalto et al
| Potbelly Sandwich Works, LLC |
| James Hessmer, Techule, LLC, Michael Montalto, Anthony Buglio, High Mountain Consulting, Inc., Ronald Grason, Paul Rios, Network Innovations, Inc. d/b/a Nitel, Inc. and Network Innovations, Inc. an Illinois Corporation doing business as Nitel, Inc. |
| 1:2019cv04613 |
| July 9, 2019 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Gary _Feinerman |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Both |
Docket Report
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This docket was last retrieved on October 16, 2020. A more recent docket listing may be available from PACER.
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Filing 102
MINUTE entry before the Honorable Gary Feinerman:The remaining parties have filed a stipulation of dismissal #101 , the terms of which are set forth therein. The status hearing set for 12/15/2020 #100 is stricken. Civil case closed.Mailed notice. (jlj, )
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Filing 101
STIPULATION of Dismissal (Tanner, Matthew)
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Filing 100
MINUTE entry before the Honorable Gary Feinerman:Rule 26(a)(1) disclosures shall be served by 10/27/2020. Initial written discovery requests shall be served by 11/10/2020. Motions to amend the pleadings or add new parties shall be filed by 12/29/2020. Fact discovery shall close 4/27/2021. Rule 26(a)(2) disclosures shall be served by 5/27/2021. Rebuttal Rule 26(a)(2) disclosures shall be served by 6/28/2021. Dispositive motions shall be filed by 7/29/2021. The status hearing set for 10/1/2020 #96 is stricken and re-set for 12/15/2020 at 9:30 a.m. By 12/8/2020, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 12/15/2020 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 99
STATUS Report Joint Initial Status Report by Potbelly Sandwich Works, LLC (Tanner, Matthew)
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Filing 98
Defendant Michael Montalto's ANSWER to amended complaint and Affirmative Defenses to Plaintiff's First Amended Complaint, COUNTERCLAIM filed by Michael Montalto against Potbelly Sandwich Works, LLC . by Michael Montalto (Attachments: #1 Exhibit A)(Sharpe, Brian)
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Filing 97
ANSWER to amended complaint by Anthony Buglio (Attachments: #1 Notice of Filing)(Metnick, Jason)
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Filing 96
MINUTE entry before the Honorable Gary Feinerman:Plaintiff did not file a second amended complaint by 9/8/2020. Accordingly, pursuant to the 8/17/2020 order #95 , the amended complaint's RICO claim is dismissed with prejudice, the amended complaint's state law claims are severed from its CFAA claim, and the court relinquishes its supplemental jurisdiction over the state law claims. The Clerk is directed to terminate Ronald Grason, James Hessmer, High Mountain Consulting, Inc., Techule, LLC, and Network Innovations, Inc. as party defendants. The Clerk is directed to amend the case caption to make Michael Montalto the lead defendant. Defendants Montalto and Buglio shall answer the surviving portions of the amended complaint #49 (those pertaining to the CFAA claim) by 9/22/2020. The status hearing set for 9/17/2020 #95 is stricken. Initial status hearing set for 10/1/2020 at 9:15 a.m. The parties shall file an initial joint status report by 9/24/2020. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 95
MINUTE entry before the Honorable Gary Feinerman:Order entered 8/17/2020 #93 is amended. For the reasons set forth in the accompanying Memorandum Opinion and Order, Nitel Defendants' motion to dismiss #52 is granted, and High Mountain Defendants' motion to dismiss #57 and Defendant Buglio's motion to dismiss #61 are granted in part and denied in part. The RICO claim is dismissed without prejudice. Plaintiff has until 9/8/2020 to amend the operative complaint. If Plaintiff does not amend, the dismissal of the RICO claim will convert automatically to a dismissal with prejudice, the court will relinquish its supplemental jurisdiction over the state law claims, and this case will proceed on the CFAA claim, which Defendants Montalto and Buglio shall answer by 9/22/2020. If Plaintiff amends, Defendants shall file their responsive pleadings by 9/29/2020. The status hearing set for 8/9/2020 #92 is stricken and re-set for 9/17/2020 at 9:15 a.m. Once the scope of this case is set, the court will set a discovery and dispositive motion schedule. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 94
MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 8/17/2020.Mailed notice.(jlj, )
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Filing 93
MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Nitel Defendants' motion to dismiss #52 is granted, and High Mountain Defendants' motion to dismiss #57 and Defendant Buglio's motion to dismiss #61 are granted in part and denied in part. The RICO claim is dismissed without prejudice. Plaintiff has until 9/8/2020 to amend the operative complaint. If Plaintiff does not amend, the dismissal of the RICO claim will convert automatically to a dismissal with prejudice, the court will relinquish its supplemental jurisdiction over the state law claims, and this case will proceed on the CFAA claim, which Defendants Montalto and Buglio shall answer by 9/22/2020. If Plaintiff amends, Defendants shall file their responsive pleadings by 9/29/2020.Mailed notice. (jlj, )
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Filing 92
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 7/23/2020 #89 is stricken and re-set for 8/19/2020 at 9:30 a.m. Attorneys should appear by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 91
MINUTE entry before the Honorable Gary Feinerman:Status hearing set for 7/23/2020 #89 at 9:30 a.m. Attorneys/Parties should appear by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 90
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. (Clerk5, Docket)
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Filing 89
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 6/30/2020 #86 is stricken and re-set for 7/23/2020 at 9:30 a.m. Attorneys should appear by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 88
MINUTE entry before the Honorable Gary Feinerman:Telephonic hearing scheduled for 6/30/2020 at 9:15 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 877-336-1828 and the access code is 4082461. Counsel of record will receive an email prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 87
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. (docket6, )
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Filing 86
MINUTE entry before the Honorable Gary Feinerman:Pursuant to Paragraph 3 of Third Amended General Order 20-0012, the 5/20/2020 status hearing #84 is stricken and re-set to 6/30/2020 at 9:15 a.m. In the meantime, if any party wishes to present a procedural matter to the court, the party should send an email to the Courtroom Deputy (Jackie_Deanes@ilnd.uscourts.gov) and the proposed order email box (Proposed_Order_Feinerman@ilnd.uscourts.gov), with a copy to all counsel and pro se parties, and the court will respond as soon as practicable. If any party wishes to extend, shorten, or revoke in a particular case an extension granted by Paragraph 2 of the Third Amended General Order or any prior iteration of General Order 20-0012, the party should file a motion on the case docket pursuant to Paragraph 2.c of the Third Amended General Order, and shall indicate therein whether the motion is agreed or opposed. If any party believes that a telephonic hearing is necessary before 6/1/2020, the party should file a motion under Paragraph 3 of the Third Amended General Order. Parties may file non-emergency motions on the case docket as they see fit. Emergency relief in any case, or emergency relief from the Third Amended General Order, should be sought in the manner set forth in Paragraphs 7-8 of the Third Amended General Order.Mailed notice. (jlj, )
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Filing 85
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. (docket5, )
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Filing 84
MINUTE entry before the Honorable Gary Feinerman:Pursuant to Second Amended General Order 20-0012, the 4/21/2020 status hearing #82 is stricken and re-set for 5/20/2020 at 9:00 a.m. In the meantime, if any party wishes to present a scheduling or other issue or question to the court, that party should send an email to the Courtroom Deputy (Jackie_Deanes@ilnd.uscourts.gov) and the proposed order email box (Proposed_Order_Feinerman@ilnd.uscourts.gov), with a copy to all other counsel, and the court will respond as soon as practicable. If any party wishes to extend, shorten, or revoke in a particular case the filing extensions granted by Paragraph 2 of Second Amended General Order 20-0012, that party shall file a motion on the case docket and shall indicate in the motion whether the relief sought is agreed or opposed. Parties may file other non-emergency motions on the case docket as they see fit. Emergency relief in any case, or emergency relief from Second Amended General Order 20-0012, shall be sought in the manner set forth in Paragraphs 5-6 of Second Amended General Order 20-0012.Mailed notice. (jlj, )
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Filing 83
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. (docket12, )
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Filing 82
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 4/1/2020 #80 is stricken and re-set for 4/21/2020 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 81
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 80
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 2/24/2020 #79 is stricken and re-set for 4/1/2020 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 79
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 1/22/2020 #78 is stricken and re-set for 2/24/2020 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 78
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 1/22/2020 at 9:00 a.m. Argument held on the pending motions to dismiss.Mailed notice. (jlj, )
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Filing 77
NOTICE by Anthony Buglio re reply #76 (Metnick, Jason)
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Filing 76
REPLY by Defendant Anthony Buglio to motion to dismiss #61 in Support of His Rule 12(b)(6) Motion to Dismiss Counts I, III, IV, V and VI (Metnick, Jason)
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Filing 75
MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file oversized reply brief #72 is granted. Motion hearing set for 12/23/2019 #73 is stricken.Mailed notice. (jlj, )
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Filing 74
MEMORANDUM by High Mountain Consulting, Inc., Michael Montalto in support of motion to dismiss #57 (Sharpe, Brian)
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Filing 73
NOTICE of Motion by Basileios Katris for presentment of motion for leave to file #72 before Honorable Gary Feinerman on 12/23/2019 at 09:00 AM. (Katris, Basileios)
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Filing 72
MOTION by Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. for leave to file Oversized Reply Memorandum in Support (Katris, Basileios)
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Filing 71
MEMORANDUM by Ronald Grason, James Hessmer, Network Innovations, Inc. in support of motion to dismiss/lack of jurisdiction #52 Reply (Katris, Basileios)
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Filing 70
MINUTE entry before the Honorable Gary Feinerman: Plaintiff's motion for leave to file oversize brief #68 is granted. Motion hearing #69 date of 12/3/2019 is stricken. Mailed notice (ags, )
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Filing 69
Potbelly's Motion to File Oversize Brief Instanter NOTICE of Motion by Matthew David Tanner for presentment of motion for leave to file excess pages #68 before Honorable Gary Feinerman on 12/3/2019 at 09:00 AM. (Tanner, Matthew)
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Filing 68
MOTION by Plaintiff Potbelly Sandwich Works, LLC for leave to file excess pages Potbelly's Motion to File Oversize Brief Instanter (Tanner, Matthew)
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Filing 67
RESPONSE by Potbelly Sandwich Works, LLCin Opposition to MOTION by Defendants High Mountain Consulting, Inc., Michael Montalto to dismiss First Amended Complaint #57 , MOTION by Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. to dismiss for lack of jurisdiction Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6) #52 , MOTION by Defendant Anthony Buglio to dismiss #61 Potbelly's Consolidated Opposition to Motions to Dismiss and Memoranda of Defendants Nitel, Grason and Hessmer #56 , Montalto and High Mountain Consulting #58 and Buglio #62 (Tanner, Matthew)
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Filing 66
MINUTE entry before the Honorable Gary Feinerman:Agreed motion to set a briefing schedule #64 is granted. The briefing schedule #63 is amended as follows. Plaintiff shall respond to the motions to dismiss #52 #57 #61 by 11/26/2019; Defendants shall reply by 12/18/2019. The status hearing set for 12/4/2019 #63 is stricken and re-set for 12/20/2019 at 10:15 a.m. The motion hearing set for 11/6/2019 #65 is stricken.Mailed notice. (jlj, )
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Filing 65
Notice of Motion Agreed Motion to Modify Briefing Schedule NOTICE of Motion by Peter S. Roeser for presentment of motion by filer to set a briefing schedule #64 , motion to dismiss #61 , motion to dismiss #57 , motion to dismiss/lack of jurisdiction #52 before Honorable Gary Feinerman on 11/6/2019 at 09:00 AM. (Roeser, Peter)
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Filing 64
MOTION by Plaintiff Potbelly Sandwich Works, LLC to set a briefing schedule Agreed Motion to Modify Briefing Schedule (Roeser, Peter)
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Filing 63
MINUTE entry before the Honorable Gary Feinerman: Defendants' motion for leave to file oversized brief #54 is granted. Motion hearing set for 10/24/2019 #55 is stricken. Motions to dismiss #52 , #57 , and #61 are entered and continued. Plaintiff shall respond to the motions by 11/12/2019; Defendants shall reply by 11/26/2019. Motion hearings set for 10/24/2019 #53 , #59 , and #60 are stricken. The status hearing set for 10/24/2019 #51 is stricken and re-set for 12/4/2019 at 9:00 a.m. Given the Rule 12(b)(1) motion #52 , MIDP disclosures need not be served at this time; the court will revisit that issue at the next hearing.Mailed notice. (jlj, )
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Filing 62
MEMORANDUM by Anthony Buglio in support of motion to dismiss #61 (Metnick, Jason)
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Filing 61
MOTION by Defendant Anthony Buglio to dismiss (Metnick, Jason)
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Filing 60
NOTICE of Motion by Jason Michael Metnick for presentment of before Honorable Gary Feinerman on 10/24/2019 at 09:00 AM. (Metnick, Jason)
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Filing 59
NOTICE of Motion by Brian Joseph Sharpe for presentment of motion to dismiss #57 before Honorable Gary Feinerman on 10/24/2019 at 09:00 AM. (Sharpe, Brian)
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Filing 58
MEMORANDUM by High Mountain Consulting, Inc., Michael Montalto in support of motion to dismiss #57 First Amended Complaint (Sharpe, Brian)
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Filing 57
MOTION by Defendants High Mountain Consulting, Inc., Michael Montalto to dismiss First Amended Complaint (Sharpe, Brian)
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Filing 56
MEMORANDUM by Ronald Grason, James Hessmer, Network Innovations, Inc. in support of motion to dismiss/lack of jurisdiction #52 Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6) (Katris, Basileios)
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Filing 55
NOTICE of Motion by Basileios Katris for presentment of motion for leave to file #54 before Honorable Gary Feinerman on 10/24/2019 at 09:00 AM. (Katris, Basileios)
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Filing 54
MOTION by Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. for leave to file Oversized Memorandum of Law (Katris, Basileios)
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Filing 53
NOTICE of Motion by Basileios Katris for presentment of motion to dismiss/lack of jurisdiction #52 before Honorable Gary Feinerman on 10/24/2019 at 09:00 AM. (Katris, Basileios)
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Filing 52
MOTION by Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. to dismiss for lack of jurisdiction Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6) (Katris, Basileios)
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Filing 51
MINUTE entry before the Honorable Gary Feinerman:Due to the Court's schedule, the status hearing set for 10/21/2019 #50 is stricken and re-set for 10/24/2019 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 50
MINUTE entry before the Honorable Gary Feinerman: Plaintiff's amended complaint #49 is its one amendment of right under Civil Rule 15(a)(1). Motions to dismiss #21 , #25 and #37 are denied as moot. Defendants shall respond to the amended complaint #49 by 10/16/2019. Status hearing set for 10/7/2019 is stricken and reset to 10/21/2019 at 9:00 a.m. Mailed Notice. (ags, )
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Filing 49
First Amended Complaint AMENDED complaint by Potbelly Sandwich Works, LLC against Anthony Buglio, Ronald Grason, James Hessmer, High Mountain Consulting, Inc., Michael Montalto, Network Innovations, Inc. d/b/a Nitel, Inc., Techule, LLC and terminating Paul Rios (Tanner, Matthew)
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Filing 48
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #45 is granted.. The time for Defendant Buglio to respond to the operative pleading is extended to 21 days after Plaintiff files an amended complaint. Motion hearing set for 9/17/2019 #46 is stricken. Given Plaintiff's forthcoming amendment and the matters reported in the status report #47 , the status hearing set for 9/18/2019 #34 is stricken and re-set for 10/7/2019 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 47
STATUS Report Plaintiff's Status Report by Potbelly Sandwich Works, LLC (Tanner, Matthew)
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Filing 46
Agreed NOTICE of Motion by Jason Michael Metnick for presentment of motion for extension of time to file answer #45 before Honorable Gary Feinerman on 9/17/2019 at 09:00 AM. (Metnick, Jason)
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Filing 45
MOTION by Defendant Anthony Buglio for extension of time to file answer or Otherwise Plead to Amended Complaint (Metnick, Jason)
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| Filing 44 Corporate Disclosure Statement by Network Innovations, Inc. d/b/a Nitel, Inc. (Katris, Basileios) |
| Filing 43 MINUTE entry before the Honorable Gary Feinerman:Defendants' motion to dismiss Plaintiff's complaint #37 is entered and continued. Plaintiff shall respond by 9/25/2019; Defendants shall reply by 10/9/2019. Motion hearing set for 9/9/2019 #41 is stricken.Mailed notice. (jlj, ) |
| Filing 42 AFFIDAVIT of Service filed by Plaintiff Potbelly Sandwich Works, LLC regarding Summons in a Civil Case and Complaint with Exhibits served on Montalto,Michael on 7/13/19 (Tanner, Matthew) |
| Filing 41 NOTICE of Motion by Brian Joseph Sharpe for presentment of Motion to Dismiss for Failure to State a Claim #37 before Honorable Gary Feinerman on 9/9/2019 at 09:00 AM. (Sharpe, Brian) |
| Filing 40 AFFIDAVIT of Service filed by Plaintiff Potbelly Sandwich Works, LLC regarding Summons in a Civil Case and Complaint with Exhibits served on High Mountain Consulting, Inc. on 7/13/19 (Tanner, Matthew) |
| Filing 39 MEMORANDUM by High Mountain Consulting, Inc., Michael Montalto in support of Motion to Dismiss for Failure to State a Claim #37 Motion to Dismiss Plaintiff's Complaint (Sharpe, Brian) |
| Filing 38 AFFIDAVIT of Service filed by Plaintiff Potbelly Sandwich Works, LLC regarding Summons in a civil case and Complaint with Exhibits served on Anthony Buglio on 8/1/19 (Tanner, Matthew) |
| Filing 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants High Mountain Consulting, Inc., Michael Montalto Motion to Dismiss Plaintiff's Complaint (Sharpe, Brian) |
| Filing 36 AFFIDAVIT of Service filed by Plaintiff Potbelly Sandwich Works, LLC regarding Summons in a Civil Case and Complaint with Exhibits served on Techcule, LLC on 8/1/19 (Tanner, Matthew) |
| Filing 35 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by High Mountain Consulting, Inc., Michael Montalto (Sharpe, Brian) |
| Filing 34 MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. The 9/9/2019 status hearing #6 is stricken and re-set for 9/18/2019 at 9:00 a.m. Agreed motion for enlargement of time #32 is granted. Defendant Buglio shall respond to the complaint 9/12/2019. The 8/28/2019 motion hearing #33 is stricken. Defendants' motions to dismiss #21 #25 are entered and continued. Plaintiff shall respond to the motions by 9/25/2019; replies due by 10/9/2019.Mailed notice. (jlj, ) |
| Filing 33 NOTICE of Motion by Jason Michael Metnick for presentment of motion for extension of time to file answer #32 before Honorable Gary Feinerman on 8/28/2019 at 09:00 AM. (Metnick, Jason) |
| Filing 32 MOTION by Defendant Anthony Buglio for extension of time to file answer regarding complaint #1 (Metnick, Jason) |
| Filing 31 ATTORNEY Appearance for Defendant Anthony Buglio by Monica Jean Paine (Paine, Monica) |
| Filing 30 ATTORNEY Appearance for Defendant Anthony Buglio by Jason Michael Metnick (Metnick, Jason) |
| Filing 29 MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file over sized brief #23 is granted.Mailed notice. (jlj, ) |
| Filing 28 MEMORANDUM Motion to Dismiss for Failure to State a Claim #21 by Ronald Grason, James Hessmer, Network Innovations, Inc. d/b/a Nitel, Inc. In Support of (Katris, Basileios) |
| Filing 27 NOTICE of Motion by Patrick Daley Dolan for presentment of Motion to Dismiss for Failure to State a Claim #25 before Honorable Gary Feinerman on 8/21/2019 at 09:00 AM. (Dolan, Patrick) |
| Filing 26 MEMORANDUM by Paul Rios in support of Motion to Dismiss for Failure to State a Claim #25 (Dolan, Patrick) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Paul Rios (Dolan, Patrick) |
| Filing 24 NOTICE of Motion by Basileios Katris for presentment of motion for leave to file #23 before Honorable Gary Feinerman on 8/21/2019 at 09:00 AM. (Katris, Basileios) |
| Filing 23 MOTION by Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. d/b/a Nitel, Inc. for leave to file Oversized Memorandum of Law (Attachments: #1 Exhibit Exhibit A)(Katris, Basileios) |
| Filing 22 NOTICE of Motion by Basileios Katris for presentment of Motion to Dismiss for Failure to State a Claim #21 before Honorable Gary Feinerman on 8/21/2019 at 09:00 AM. (Katris, Basileios) |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. d/b/a Nitel, Inc. (Katris, Basileios) |
| Filing 20 MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #18 is granted. The time for Defendants Network Innovations, Grason, Rios, and Hessmer to respond to the complaint is extended to 8/16/2019. Unless excused by the MIDP Standing Order, MIDP disclosures shall be served by 10/4/2019. Motion hearing set for 8/7/2019 #19 is stricken.Mailed notice. (jlj, ) |
| Filing 19 Joint NOTICE of Motion by Karl Edward Analo for presentment of motion for extension of time to file answer #18 before Honorable Gary Feinerman on 8/7/2019 at 09:00 AM. (Analo, Karl) |
| Filing 18 MOTION by Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. d/b/a Nitel, Inc., Paul Rios for extension of time to file answer regarding complaint #1 or Otherwise Plead (Analo, Karl) |
| Filing 17 ATTORNEY Appearance for Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. d/b/a Nitel, Inc. by Karl Edward Analo (Analo, Karl) |
| Filing 16 ATTORNEY Appearance for Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. d/b/a Nitel, Inc. by Basileios Katris (Katris, Basileios) |
| Filing 15 ATTORNEY Appearance for Defendants Ronald Grason, James Hessmer, Network Innovations, Inc. d/b/a Nitel, Inc. by Katherine H. Oblak (Oblak, Katherine) |
| Filing 14 MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #9 is granted. The time for Defendants High Mountain Consulting and Michael Montalto to respond to the complaint is extended to 9/4/2019. Motion hearing set for 8/5/2019 #10 is stricken.Mailed notice. (jlj, ) |
| Filing 13 ATTORNEY Appearance for Defendant Paul Rios by James D Rogers (Rogers, James) |
| Filing 12 ATTORNEY Appearance for Defendant Paul Rios by Bradley S Manewith (Manewith, Bradley) |
| Filing 11 ATTORNEY Appearance for Defendant Paul Rios by Patrick Daley Dolan (Dolan, Patrick) |
| Filing 10 NOTICE of Motion by Brian Joseph Sharpe for presentment of motion for extension of time to file answer #9 before Honorable Gary Feinerman on 8/5/2019 at 09:00 AM. (Sharpe, Brian) |
| Filing 9 MOTION by Defendants High Mountain Consulting, Inc., Michael Montalto for extension of time to file answer (Agreed Motion) (Sharpe, Brian) |
| Filing 8 ATTORNEY Appearance for Defendants High Mountain Consulting, Inc., Michael Montalto by Brian Joseph Sharpe (Sharpe, Brian) |
| Filing 7 ATTORNEY Appearance for Defendants High Mountain Consulting, Inc., Michael Montalto by Martin K. LaPointe (LaPointe, Martin) |
| Filing 6 MINUTE entry before the Honorable Gary Feinerman: Status hearing set for 9/9/2019 at 9:00 a.m.Mailed notice. (jlj, ) |
| SUMMONS Issued as to Defendants Ronald Grason, James Hessmer, Paul Rios (pj, ) |
| SUMMONS Issued as to Defendants Anthony Buglio, Techcule, LLC (pj, ) |
| 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. (ph, ) |
| SUMMONS Issued as to Defendants High Mountain Consulting, Inc., Michael Montalto. (kb, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Potbelly Sandwich Works, LLC by Peter S. Roeser (Roeser, Peter) |
| Filing 3 ATTORNEY Appearance for Plaintiff Potbelly Sandwich Works, LLC by Matthew David Tanner (Tanner, Matthew) |
| Filing 2 CIVIL Cover Sheet (Tanner, Matthew) |
| Filing 1 COMPLAINT filed by Potbelly Sandwich Works, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-16008573. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Tanner, Matthew) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (acm, ) |
| SUMMONS Issued as to Defendant Network Innovations, Inc. d/b/a Nitel, Inc. (jn, ) |
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