EMA Construction Services, Inc. et al v. NOW Account Network Corporation
| EMA Construction Services, Inc. and MA Rebar Services, Inc. |
| NOW Account Network Corporation and NowAccount Network Corporation |
| 1:2019cv05714 |
| August 26, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on October 22, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 41 Plaintiffs' Statement Regarding Bond Posted for Temporary Restraining Order STATEMENT by EMA Construction Services, Inc., MA Rebar Services, Inc. (Brown, Stephen) |
| Filing 43 MINUTE entry before the Honorable Edmond E. Chang: Preliminary injunction hearing held. As discussed earlier, R. 22, the TRO remains in place until a decision on the preliminary injunction. Plaintiffs shall renew the bond through 11/05/2019. Status hearing set for 11/05/2019 at 10:30 a.m. Emailed notice (slb, ) |
| Filing 42 MINUTE entry before the Honorable Edmond E. Chang:The motion #38 to reassign 19 C 6904 to the calendar of Judge Chang is granted under Local Rule 40.4. Plaintiffs in this case (who comprise two of the Defendants in 19 C 6904) did not object to the reassignment. The reassignment will be processed with the Executive Committee. Emailed notice (slb, ) |
| Filing 40 SEALED DOCUMENT by Defendant NowAccount Network Corporation Unredacted Pre-Hearing Brief and Opposition to Plaintiffs' Motion in Limine (Gensburg, Matthew) |
| Filing 39 NOTICE of Motion by Matthew Thomas Gensburg for presentment of motion to reassign case #38 before Honorable Edmond E. Chang on 10/21/2019 at 10:00 AM. (Gensburg, Matthew) |
| Filing 38 MOTION by Defendant NowAccount Network Corporation to reassign case (Gensburg, Matthew) |
| Filing 37 SEALED DOCUMENT by Defendant NowAccount Network Corporation (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit G, #4 Exhibit H, #5 Exhibit J, #6 Exhibit K, #7 Exhibit L, #8 Exhibit M)(Gensburg, Matthew) |
| Filing 36 RESPONSE by NowAccount Network Corporation in Opposition to MOTION by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc.in limine for Evidentiary Hearing on Motion for Preliminary Injunction #34 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Gensburg, Matthew) |
| Filing 35 TRIAL Brief (Pre-Trial Brief) for Evidentiary Hearing on Motion for Preliminary Injunction by EMA Construction Services, Inc., MA Rebar Services, Inc. (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, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Brown, Stephen) |
| Filing 34 MOTION by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc.in limine for Evidentiary Hearing on Motion for Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brown, Stephen) |
| Filing 33 MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' motions to seal #25 #29 parts of their filings are provisionally granted. The Court will evaluate the propriety of sealing when considering the underlying motion. On Plaintiffs' motion #31 in limine, rather than hold a hearing on it before the 10/21/2019 hearing (as proposed in an email from the parties to the courtroom deputy), the defense may use 10 extra pages (so 34 total) to incorporate a written response to the motions in limine into the defense's pre-hearing response brief. Emailed notice (eec) |
| Filing 32 NOTICE of Motion by Stephen Joseph Brown for presentment of Sealed motion #31 before Honorable Edmond E. Chang on 10/21/2019 at 10:00 AM. (Brown, Stephen) |
| Filing 31 SEALED MOTION by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Brown, Stephen) |
| Filing 30 NOTICE of Motion by Stephen Joseph Brown for presentment of motion to seal #29 before Honorable Edmond E. Chang on 10/21/2019 at 10:00 AM. (Brown, Stephen) |
| Filing 29 MOTION by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. to seal in Part Their Motions in Limine For Evidentiary Hearing on Motion For Preliminary Injunction (Attachments: #1 Exhibit A)(Brown, Stephen) |
| Filing 28 MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' opposed motion #25 for extra pages is granted. The brief is accepted. Defendant may use 24 pages as well. The motion #25 to seal is provisionally granted, but the parties must work towards reducing the sealed portions as much as possible. The Court will again review the propriety of sealing when evaluating the underlying merits. Emailed notice (slb, ) |
| MOTION by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. to file pre-trial brief and exhibits thereto under seal in part. (Omitted relief from motion #25 ) (pk, ) |
| Filing 27 SEALED DOCUMENT by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. Pre-Hearing Brief (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, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Brown, Stephen) |
| Filing 26 NOTICE of Motion by Stephen Joseph Brown for presentment of motion for leave to file, #25 before Honorable Edmond E. Chang on 10/17/2019 at 08:30 AM. (Brown, Stephen) |
| Filing 25 MOTION by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. for leave to file Pre-Hearing Brief in Excess of Page Limit and to File Pre-Trial Brief and Exhibits Thereto Under Seal in Part (Attachments: #1 Exhibit A)(Brown, Stephen) |
| Filing 24 TRO BOND in the amount of $600,000 posted by EMA Construction Services, Inc., MA Rebar Services, Inc. (Document not scanned). (pk, ) |
| Filing 23 CONFIDENTIALITY Order Signed by the Honorable Edmond E. Chang on 9/23/2019:Emailed notice(slb, ) |
| Filing 22 MINUTE entry before the Honorable Edmond E. Chang:The parties reported to the courtroom deputy that they tried to agree on security for the TRO but were unable to arrive at an agreement. The parties did agree on the alternative schedule, R. 20, so the TRO remains intact by agreement until a decision on the preliminary injunction motion. The schedule is: the three interrogatories and three document requests shall be issued by 09/11/2019; responses due 09/25/2019; depositions taken from 09/30/2019 to 10/04/2019; Plaintiffs' pre-hearing brief due by 10/11/2019; defense response brief due 10/18/2019; preliminary injunction hearing on 10/21/2019 at 10 a.m. The 2.5 hours per side limit on exam time for the preliminary injunction hearing remains in place. The hearing of 09/20/2019 is vacated. On bond, the Court orders as follows: in light of the risk posed by the erroneous entry of the TRO for the four-week period (the time beyond the four-week period is for the benefit of both sides in more deliberatively preparing for the preliminary injunction hearing), the Plaintiffs shall post a $600,000 bond by 09/25/2019. The Court offers the following alternative, if *both* sides agree: attached to this entry are security terms and agreed-on relief that the Court believes should satisfy both sides on interim measures and, indeed, make substantial progress in resolving the case because it provides for an independent audit of Defendant's and Plaintiffs' financial transactions with one another. This is a way to avoid the litigation risks and costs arising from the preliminary injunction hearing. The parties shall confer and, on or before 09/23/2019, shall email the courtroom deputy via the Proposed_Order account to report on whether the parties have agreed to the proposed order (or attach a modified version if the parties make modest agreed-on modifications to the proposal). Emailed notice (slb, ) (Additional attachment(s) added on 9/17/2019: #1 Exhibit) (slb, ). |
| Filing 21 MINUTE entry before the Honorable Edmond E. Chang: Application by Anita W. Thomas to appear pro hac vice #19 on behalf of Defendant NOW Account Network Corporation is granted.Emailed notice (slb, ) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16205756. (Wallace Thomas, Anita) |
| Filing 20 MINUTE entry before the Honorable Edmond E. Chang: Hearing held. As discussed during the hearing, the TRO is renewed for another 14 days from its 09/10/2019 expiration. So the TRO shall remain in place until 09/24/2019. Substantially the same merits and irreparable injury analysis applies as they did when the first TRO was issued. The defense submission does call into question the merits analysis, but as explained during the hearing, the Hayes Declaration did not provide supporting exhibits for the one-page transaction summary. The Court takes the bond amount into advisement, as well as the form of security measure proposed by the defense. In preparation for the preliminary injunction hearing, by 09/06/2019, each side shall issue three interrogatories and three document requests, without subparts. Responses are due by 09/13/2019. The depositions of Kern, Leisner, Hayes, and possibly a Rule 30(b)(6) defense witness for the transaction summary shall be taken between 09/16/2019 and 09/18/2019. The preliminary injunction hearing is set for 09/20/2019 at 9 a.m., each side limited to 2.5 hours of examination time (whether direct or cross). In the alternative, if the parties agree to extend the current TRO until a decision on the preliminary injunction motion, then the alternative schedule is as follows: the three interrogatories and three document requests shall be issued by 09/11/2019; responses due 09/25/2019; depositions taken from 09/30/2019 to 10/04/2019; Plaintiffs' pre-hearing brief due by 10/11/2019; defense response brief due 10/18/2019; preliminary injunction hearing on 10/21/2019 at 10 a.m. The parties shall notify the courtroom deputy on or before 09/10/2019 at 4:30 p.m. whether they have chosen the alternative schedule or not.Emailed notice (slb, ) |
| Filing 18 SEALED DOCUMENT by Defendant NowAccount Network Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Gensburg, Matthew) |
| Filing 17 RESPONSE by NowAccount Network Corporation in Opposition to MOTION by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. for temporary restraining order and Preliminary Injunction #6 (Gensburg, Matthew) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang:Application by Lee Hart to appear pro hac vice #15 is granted. Emailed notice (slb, ) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16186500. (Hart, Lee) |
| Filing 14 SEALED DOCUMENT by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. Supplemental Affidavit of Theresa Kern (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Certificate of Service Certificate of Service)(Brennan, Bevin) |
Filing 13
ORDER Signed by the Honorable Edmond E. Chang on 8/27/2019:Emailed notice(slb, )
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| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiffs' motion for temporary restraining order #6 . As discussed during the hearing, by 5 p.m. on 08/28/2019, Plaintiffs shall file under seal (but not ex parte) if needed a supplemental affidavit and accompanying exhibits to the Kerns affidavit #7 addressing concretely the cash-flow and balance-sheet status of Plaintiffs. Defendant's response to the TRO motion and the supplement due 08/30/2019. For now, Defendant shall not send out any additional Section 406 notices during the motion's pendency, and the parties will be conferring further on a possible agreed solution as discussed during the hearing. The motion for Temporary Restraining Order #6 is continued to 09/04/2019 at 1:30 p.m.Emailed notice (slb, ) |
| Filing 11 ATTORNEY Appearance for Defendant NowAccount Network Corporation by Matthew Thomas Gensburg (Gensburg, Matthew) |
| Filing 10 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. (jh, ) |
| Filing 9 (Emergency) NOTICE of Motion by Stephen Joseph Brown for presentment of motion for temporary restraining order #6 before Honorable Edmond E. Chang on 8/27/2019 at 10:30 AM. (Attachments: #1 Certificate of Service)(Brown, Stephen) |
| Filing 8 CERTIFICATE of Service by Stephen Joseph Brown on behalf of All Plaintiffs (Brown, Stephen) |
| Filing 7 AFFIDAVIT of Theresa Kern regarding motion for temporary restraining order #6 (Brown, Stephen) |
| Filing 6 MOTION by Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. for temporary restraining order and Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Brown, Stephen) |
| Filing 5 ATTORNEY Appearance for Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. by Matthew J. Schmidt (Schmidt, Matthew) |
| Filing 4 ATTORNEY Appearance for Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. by Stephen Joseph Brown (Brown, Stephen) |
| Filing 3 ATTORNEY Appearance for Plaintiffs EMA Construction Services, Inc., MA Rebar Services, Inc. by Bevin Megan Brennan (Brennan, Bevin) |
| Filing 2 CIVIL Cover Sheet (Brown, Stephen) |
| Filing 1 COMPLAINT filed by EMA Construction Services, Inc., MA Rebar Services, Inc.; Filing fee $ 400, receipt number 0752-16174253. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Brown, Stephen) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (td, ) |
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