KCK Industrial, LLC v. Hilco Redevelopment, LLC et al
| KCK Industrial, LLC |
| Sims Metal Management, MCM Management Corp., Robert Mardigian, Jenkins Environmental, Inc., Clarence Lamora, Metal Management Midwest, Inc., Marine Technology Solutions LLC, Michael Cirri, Hilco Redevelopment, LLC and Ferrous Processing and Trading Co. |
| #1 Polymer Source, Inc., Kenneth Ulm, Keith Ulm and Chad Elam |
| 1:2019cv05173 |
| July 31, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on September 1, 2020. A more recent docket listing may be available from PACER.
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| Filing 66 CONFIDENTIALITY ORDER. Signed by the Honorable Edmond E. Chang on 9/27/2019. Mailed notice(pk, ) |
| Filing 65 MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Attorney James Best appeared by telephone on behalf of Defendants Jenkins Environmental, Inc., Marine Technology Solutions, Clarence Lamora, and Michael Cirri (the docket does not reflect Best's representation of Cirri, so Best shall file an attorney appearance form for him by 10/03/2019). The answer deadline for the amended complaint for all served Defendants is 10/18/2019 (including new Defendant FPTC). The answer deadline for the counterclaims is also 10/18/2019. Mandatory Initial Discovery Pilot Project disclosures due 11/18/2019. The first-round of written discovery requests to fill gaps in MID disclosures due 12/06/2019. Fact discovery, (Rule 26(a)(2)(C) summaries of any partys employee (or former employee) are due no later than 90 days before the close of fact discovery), shall close by 07/06/2020. Non-party subpoenas must be served by 03/09/2020. Good cause (e.g., genuine surprise) would be required to serve non-party subpoenas after that deadline. The parties agreed to provide 7 calendar days' advance notice of service of subpoenas. Any other Rule 26(a)(2) expert disclosures (whether retained or not) are due 30 days after the close of fact discovery, and the 30-day deadline is adjusted automatically if the close of fact discovery is adjusted. No summary judgment motions may be filed before the close of discovery without leave of Court. MCM Management Corporation's motion for protective order #63 is granted. Status hearing set for 12/05/2019 at 9 a.m.Emailed notice (slb, ) |
| Filing 64 NOTICE of Motion by Isaac J. Colunga for presentment of motion for protective order #63 before Honorable Edmond E. Chang on 9/25/2019 at 09:00 AM. (Colunga, Isaac) |
| Filing 63 MOTION by Counter Claimant MCM Management Corp., Defendant MCM Management Corp. for protective order (Attachments: #1 Exhibit 1)(Colunga, Isaac) |
| Filing 62 STATUS Report by KCK Industrial, LLC (Goldberg, Joshua) |
| Filing 61 Proof of Service by KCK Industrial, LLC (Goldberg, Joshua) |
| Filing 60 AFFIDAVIT of Service filed by Counter Claimant MCM Management Corp. regarding Counterclaims against Plaintiff KCK Industrial, LLC, #1 Polymer Source, Inc., Chad Elam, Keith Ulm and Kenneth Ulm served on Keith Ulm on September 4, 2019 (Colunga, Isaac) |
| Filing 59 AFFIDAVIT of Service filed by Counter Claimant MCM Management Corp. regarding Counterclaims against Plaintiff KCK Industrial, LLC, #1 Polymer Source, Inc., Chad Elam, Keith Ulm and Kenneth Ulm served on Chad Elam on September 7, 2019 (Colunga, Isaac) |
| Filing 58 AFFIDAVIT of Service filed by Counter Claimant MCM Management Corp. regarding Counterclaims against Plaintiff KCK Industrial, LLC, #1 Polymer Source, Inc., Chad Elam, Keith Ulm and Kenneth Ulm served on #1 Polymer Source, Inc. on September 4, 2019 (Colunga, Isaac) |
| Filing 57 MINUTE entry before the Honorable Edmond E. Chang: In light of the status report and the need for a short continuance to digest the First Amended Complaint, the status hearing of 09/12/2019 is reset to 09/25/2019 at 9 a.m., with an updated status report due by 09/19/2019. Emailed notice (slb, ) |
| SUMMONS Issued as to Defendant Ferrous Processing and Trading Co. (lw, ) |
| Filing 56 First AMENDED complaint by KCK Industrial, LLC against Michael Cirri, Jenkins Environmental, Inc., Clarence Lamora, MCM Management Corp., Robert Mardigian, Marine Technology Solutions LLC, Metal Management Midwest, Inc., Ferrous Processing and Trading Co. and terminating Hilco Redevelopment, LLC (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)(Goldberg, Joshua) |
| Filing 55 STATUS Report by KCK Industrial, LLC (Goldberg, Joshua) |
| SUMMONS Issued as to Counter Defendants #1 Polymer Source, Inc., Chad Elam, Keith Ulm, Kenneth Ulm (jn, ) |
| Filing 54 COUNTERCLAIM filed by MCM Management Corp. against KCK Industrial, LLC, #1 Polymer Source, Inc., Chad Elam, Keith Ulm, Kenneth Ulm . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Colunga, Isaac) |
| Filing 53 REPLY by Plaintiff KCK Industrial, LLC to reply, #41 REDACTED (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)(Goldberg, Joshua) |
| Filing 52 NOTICE by Hilco Redevelopment, LLC of filing Executed Guaranty of Collection (Attachments: #1 Exhibit 1)(Prezant, Eric) |
| Filing 51 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for temporary restraining order #5 . Attorney James Best appeared by telephone on behalf of Defendants Marine Technology Solutions and Clarence Lamora. As discussed during the hearing, the motion for temporary restraining order #5 is denied in light of the Guaranty. An executed copy of the Guaranty was presented in court, and will be uploaded to the docket. Plaintiff shall file the amended complaint by 09/06/2019. All Defendants' answer deadlines are suspended. Status hearing set for 09/12/2019 at 3 p.m. Joint status report due 09/09/2019.Emailed notice (Attachments: #1 Status Report Requirements) (slb, ) |
| Filing 50 MINUTE entry before the Honorable Edmond E. Chang: On review of the filings, MCM shall bring a copy of the executed guaranty, R. 46-4, from Hilco Redevelopment Holdings, LLC. With that guaranty in place, it is likely that the Court would deny the TRO. If it has not already, KCK shall confer with MCM and Hilco again with any lingering questions. If KCK agrees to withdraw the motion, then the parties shall promptly inform the courtroom deputy and also both sides may relieve their respective witness of the need to appear at the hearing. The hearing will be converted to a status hearing at which the litigation schedule in the usual course shall be set. Emailed notice (Chang, Edmond) |
| Filing 49 AMENDED sealed response, #46 Amended Exhibit 4 to MCM Management Corp. and Robert Mardigian's Supplemental Response in Opposition to Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunctive Relief (Colunga, Isaac) |
| Filing 48 Corrected Supplemental Jurisdictional Statement of Hilco Redevelopment, LLC by Hilco Redevelopment, LLC [Redacted] (Prezant, Eric) |
| Filing 47 SEALED DOCUMENT by Defendant Hilco Redevelopment, LLC [Corrected Supplemental Jurisdictional Statement of Hilco Redevelopment, LLC] (Prezant, Eric) |
| Filing 46 SEALED RESPONSE by MCM Management Corp., Robert Mardigian to response in opposition to motion, #18 Supplemental Response in Opposition to Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunctive Relief (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Colunga, Isaac) |
| Filing 45 MINUTE entry before the Honorable Edmond E. Chang: The MCM Defendants' motion to file #32 sealed version is granted, but it must be filed on the docket under seal by 1 p.m. today (that will give the Court enough time to review it given the change in the hearing date from 08/12/2019 to 08/13/2019). Hilco Redevelopment's motion to seal Jurisdictional Statement #39 is granted in light of the confidentiality of the corporate entity (members are not required to be identified by the Delaware corporate code). The extension #39 to file the Supplemental Jurisdictional Statement of HRP Exchange is granted to 09/15/2019, rather than indefinitely. It might very well be that the deadline will be vacated (or postponed) if it is determined that HRP Exchange is not a necessary party (even if KCK does not amend the complaint to name HRP Exchange, if it is a necessary party under Rule 19, it is not KCK's choice). This issue will be discussed further at tomorrow's hearing, but it is best to have some deadline in place. KCK's motion to seal the reply #42 is granted, with the public redacted version due by 08/16/2019. Emailed notice (eec) |
| Filing 44 RESPONSE by MCM Management Corp., Robert Mardigianin Opposition to MOTION by Plaintiff KCK Industrial, LLC for temporary restraining order and preliminary injunctive relief #5 Supplemental Response (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Colunga, Isaac) |
| Filing 43 NOTICE of Motion by Joshua Goldberg for presentment of motion to seal document #42 before Honorable Edmond E. Chang on 8/13/2019 at 01:00 PM. (Goldberg, Joshua) |
| Filing 42 MOTION by Plaintiff KCK Industrial, LLC to seal document reply, #41 and for extension of time to file public redacted version of document (Goldberg, Joshua) |
| Filing 41 SEALED REPLY by KCK Industrial, LLC to MOTION by Plaintiff KCK Industrial, LLC for temporary restraining order and preliminary injunctive relief #5 (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)(Goldberg, Joshua) |
| Filing 40 NOTICE of Motion by Eric S. Prezant for presentment of motion to seal document,, motion for extension of time to file, #39 before Honorable Edmond E. Chang on 8/13/2019 at 01:00 PM. (Prezant, Eric) |
| Filing 39 MOTION by Defendant Hilco Redevelopment, LLC to seal document sealed document #37 , MOTION by Defendant Hilco Redevelopment, LLC for extension of time to file Supplemental Jurisdictional Statement of Owner of Property (Attachments: #1 Exhibit A)(Prezant, Eric) |
| Filing 38 Supplemental Jurisdictional Statement of Hilco Redevelopment, LLC by Hilco Redevelopment, LLC [Redacted] (Prezant, Eric) |
| Filing 37 SEALED DOCUMENT by Defendant Hilco Redevelopment, LLC [Supplemental Jurisdictional Statement of Hilco Redevelopment, LLC] (Prezant, Eric) |
| Filing 36 RESPONSE by Hilco Redevelopment, LLC to MOTION by Plaintiff KCK Industrial, LLC for temporary restraining order and preliminary injunctive relief #5 (Attachments: #1 Exhibit 1 - Supplemental Declaration of Jeremy Grey)(Prezant, Eric) |
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Filing 35
TRANSCRIPT OF PROCEEDINGS held on 08/05/2019 before the Honorable Edmond E. Chang. Order Number: 35712. Court Reporter Contact Information: Judith A. Walsh, CSR, RDR, F/CRR. Official Court Reporter. judith_walsh@ilnd.uscourts.gov. |
| Filing 34 MEMORANDUM by Metal Management Midwest, Inc. in Opposition to motion for leave to file #32 , motion for temporary restraining order #5 (Attachments: #1 Exhibit 1 - 3)(LaRose, Mark) |
| Filing 33 NOTICE of Motion by Isaac J. Colunga for presentment of motion for leave to file #32 before Honorable Edmond E. Chang on 8/13/2019 at 01:00 PM. (Colunga, Isaac) |
| Filing 32 MOTION by Defendants MCM Management Corp., Robert Mardigian for leave to file Redacted Exhibits and to Deliver Unredacted Copies to the Court (Colunga, Isaac) |
| Filing 31 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Metal Management Midwest, Inc. & F.R.C.P. 7.1 Corporate Disclosure (LaRose, Mark) |
| Filing 30 ATTORNEY Appearance for Defendant Metal Management Midwest, Inc. by Costandinos J Diamond (Diamond, Costandinos) |
| Filing 29 ATTORNEY Appearance for Defendant Metal Management Midwest, Inc. by Marissa Renee Alaska (Alaska, Marissa) |
| Filing 28 ATTORNEY Appearance for Defendant Metal Management Midwest, Inc. by Joseph A. Bosco (Bosco, Joseph) |
| Filing 27 ATTORNEY Appearance for Defendant Metal Management Midwest, Inc. by Mark Anthony LaRose (LaRose, Mark) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang:Application by Jame Best to appear pro hac vice #25 is granted.Emailed notice (slb, ) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16112867. (Best, James) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: At the request of Defendant Mardigian, without objection from Plaintiff, the hearing on 08/12/2019 is reset to 08/13/2019 at 1 p.m. All other deadlines remain in place. Emailed notice (slb, ) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for temporary restraining order and preliminary injunction #5 . Attorney James Best appeared by telephone on behalf of Defendants Marine Technology Solutions and Clarence Lamora. No one appeared for JEI and Cirri, although Mr. Best is in discussions for possible representation. The Court discussed with the parties the issue of subject matter jurisdiction: diversity of citizenship was verbally confirmed. As a follow-up, Defendant Hilco Redevelopment LLC shall file a Supplemental Jurisdictional Statement that sets forth (1) Defendant's members and their citizenship; and (2) the members and citizenship of the Hilco entity that defense counsel believes is actually the correct defendant. On the TRO, the Court posed questions and discussed in detail its preliminary views. By 9 a.m. on 08/06/2019, the parties shall serve limited discovery on three topics: (1) MCM's solvency to satisfy a judgment; (2) how much of the Metals Contracts' advances KCK has recouped to date; and (3) MCM's potential damages arising from a TRO as relevant for setting a bond under Federal Rule of Civil Procedure 65(c). By 12 p.m. on 08/08/2019, the parties shall respond to each other's discovery requests with fulsome answers and records as appropriate. With that information in hand, Plaintiff's supplement to the TRO motion and MCM's supplemental response are due by 11:59 p.m. on 08/10/2019. Hearing on the motion for TRO reset to 08/12/2019 at 11 a.m., with at least Chad Elam and Robert Mardigian present and available for live testimony. The Court also strongly encouraged the parties to discuss a business resolution instead of a winner-take-all (and maybe both sides really lose) legal decision. Emailed notice (slb, ) |
| Filing 22 REPLY by Plaintiff KCK Industrial, LLC to motion for temporary restraining order #5 , response in opposition to motion, #18 (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3-Part 1, #5 Exhibit 3-Part 2, #6 Exhibit 3-Part 3, #7 Exhibit 4, #8 Exhibit 5)(Goldberg, Josh) |
| Filing 21 ATTORNEY Appearance for Defendant Hilco Redevelopment, LLC by Steven Gordon Trubac (Trubac, Steven) |
| Filing 20 ATTORNEY Appearance for Defendant Hilco Redevelopment, LLC by Eric S. Prezant (Prezant, Eric) |
| Filing 19 DECLARATION of Jeremy Grey regarding response in opposition to motion, #18 (Colunga, Isaac) |
| Filing 18 RESPONSE by MCM Management Corp., Robert Mardigianin Opposition to MOTION by Plaintiff KCK Industrial, LLC for temporary restraining order and preliminary injunctive relief #5 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Colunga, Isaac) |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang: Upon review of the complaint, the Court orders the following jurisdictional inquiry. Plaintiff relies on diversity jurisdiction, 28 U.S.C. 1332, for subject matter jurisdiction. Compl. at para. 5. But there are two problems. First, the complaint alleges that Plaintiff, Hilco, and MTS are LLCs, but the complaint does not identify all of their members individually. Id. at paras. 7, 8, 11. Plaintiff is required to name each member and its citizenship. Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007). If Plaintiff does not know the members of Hilco and MTS, then it might be appropriate to compel that information or to permit limited early discovery on the members' identities and citizenships. Second, the complaint alleges the citizenship of Hilco, MTS, Mardigian, LaMora, and Cirri only "on information and belief." Compl. at paras. 8, 11, 13-16. Citizenship must be proven by underlying facts, not just alleged on information and belief. See America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). The Complaint supplies some facts that might support the citizenship allegations, but the parties' counsel (including Defendants counsel) must be prepared to confirm the allegations as quickly as possible, especially in light of the pending TRO motion.Emailed notice (Chang, Edmond) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: Defendant MCM and Mardigian's motion to file oversized response brief #14 is granted. The defense shall file the response on the docket as a separate entry. Emailed notice (Chang, Edmond) |
| Filing 15 NOTICE of Motion by Isaac J. Colunga for presentment of motion for leave to file excess pages #14 before Honorable Edmond E. Chang on 8/5/2019 at 02:30 PM. (Colunga, Isaac) |
| Filing 14 MOTION by Defendants MCM Management Corp., Robert Mardigian for leave to file excess pages Instanter (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Colunga, Isaac) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MCM Management Corp. (Colunga, Isaac) |
| Filing 12 ATTORNEY Appearance for Defendants MCM Management Corp., Robert Mardigian by Kelsey Nicole Weyhing (Weyhing, Kelsey) |
| Filing 11 ATTORNEY Appearance for Defendants MCM Management Corp., Robert Mardigian by Nicholas Alan Casto (Casto, Nicholas) |
| Filing 10 ATTORNEY Appearance for Defendants MCM Management Corp., Robert Mardigian by Eric Louis Singer (Singer, Eric) |
| Filing 9 ATTORNEY Appearance for Defendants MCM Management Corp., Robert Mardigian by Isaac J. Colunga (Colunga, Isaac) |
| Filing 8 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. (pk, ) |
| Filing 7 NOTICE of Motion by Josh Goldberg for presentment of motion for temporary restraining order #5 before Honorable Edmond E. Chang on 8/5/2019 at 02:30 PM. (Goldberg, Josh) |
| Filing 6 MEMORANDUM by KCK Industrial, LLC in support of motion for temporary restraining order #5 and preliminary injunctive relief (Attachments: #1 Exhibit Ex. A, #2 Exhibit Ex. B)(Goldberg, Josh) |
| Filing 5 MOTION by Plaintiff KCK Industrial, LLC for temporary restraining order and preliminary injunctive relief (Goldberg, Josh) |
| Filing 4 Corporate Disclosure STATEMENT by KCK Industrial, LLC (Goldberg, Josh) |
| Filing 3 ATTORNEY Appearance for Plaintiff KCK Industrial, LLC by Steven Christopher Moeller (Moeller, Steven) |
| Filing 2 ATTORNEY Appearance for Plaintiff KCK Industrial, LLC by Josh Goldberg (Goldberg, Josh) |
| Filing 1 COMPLAINT filed by KCK Industrial, LLC; Filing fee $ 400, receipt number 0752-16090503. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11)(Goldberg, Josh) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (td, ) |
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