Superior Graphite Co. v. Campos et al
| Superior Graphite Co. |
| Raul Campos and American Energy Technologies Co. |
| 1:2019cv05830 |
| August 29, 2019 |
| US District Court for the Northern District of Illinois |
| Jorge L Alonso |
| Jeffrey Cole |
| Other Statutory Actions |
| Both |
Docket Report
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| Filing 31 MINUTE entry before the Honorable Jeffrey Cole: This will correct the minute entry of 10/16/2019 [#30]. The order incorrectly stated that defendant Campos had not answered the complaint. In fact, defendant Campos has filed an answer to the complaint, it was filed on 9/27/2019 [#22].Mailed notice (jms, ) |
Filing 30
MINUTE entry before the Honorable Jeffrey Cole: Status hearing held and continued to 10/28/2019 at 8:30 am. Motion hearing held on plaintiff's Motion to Compel Compliance with Rule 34(a)(2). #27 . Defendant, Raul Campos, who has not answered the complaint, fails to appear today. He has not filed either a personal appearance or an appearance through counsel, although he apparently has had some informal contact with Mr. Murphy and Mr. Hellerman, counsel for Superior Graphite Co. and American Energy Technologies Co. Counsel for the plaintiff, Superior Graphite Co. and counsel for the defendant, American Energy Technologies, report that they have had periodic communications with defendant Raul Campos. At this juncture, Mr. Campos is not represented by counsel. Although he has claimed to the other parties in the case that he has what he has described as a "consultant attorney," titles do not count, Kay v. Board of Educ. of City of Chicago, 547 F.3d 736, 738 (7th Cir. 2008); Curry v. United States, 507 F.3d 603, 604 (7th Cir. 2007), and they certainly do not determine whether there is an actual attorney/client relationship which is essential to any claim or recognition of privilege. The reality is that for now, Mr. Campos is not represented in this case by counsel. And despite being notified of proceedings in this court, Mr. Campos has chosen not to appear or to participate in any way. Mr. Campos obviously cannot have it both ways. Mr. Campos is advised that the present course of avoidance and non-participation that is apparently being pursued by him will not prevent those parties presently in the case from taking action that may well have a conclusive and unwanted effect on Mr. Campos' rights and responsibilities. I have been informed by counsel today that they have notified Mr. Campos of events as they have occurred and of the pendency of court proceedings which he has nonetheless chosen to ignore. That continued avoidance may have serious consequences for Mr. Campos in this case. Plaintiff's motion to compel compliance with Rule 34(a)(2) request for inspection and imaging of defendant Campos' personal computer(s) and cell phone(s) [#27], a copy of which counsel for the plaintiff said he sent to Mr. Campos, is granted. Defendant Campos shall turn over his computers and cell phones no later than 4:30 pm on 10/24/2019. Defendant American Energy's oral motion for an extension of time to 10/16/2019 to submit its MIDP disclosures is granted. The case is continued for further status and a report on compliance to 10/28/19 at 8:30 a.m. Counsel for plaintiff shall provide a copy of this Order to Mr. Campos. Mr. Campos is cautioned that his continued non-participation in this case might result in the entry by Judge Alonso of a Default Judgment against him. Status hearing date of 10/25/2019 set in open court is reset for 10/28/2019 at 08:30 AM.Mailed notice (jms, )
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| Filing 29 CERTIFICATE of Service for Plaintiff's Disclosure Under the Mandatory Initial Discovery Pilot Project by Matthew G. Allison on behalf of Superior Graphite Co. (Allison, Matthew) |
| Filing 28 NOTICE of Motion by John Michael Murphy for presentment of motion to compel, #27 before Honorable Jeffrey Cole on 10/16/2019 at 08:30 AM. (Murphy, John) |
| Filing 27 MOTION by Plaintiff Superior Graphite Co. to compel Compliance With Rule 34(a)(2) Request for Inspection and Imaging of Defendant's Personal Computer(s) and Cell Phone(s) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Murphy, John) |
| Filing 25 ANSWER to Complaint by American Energy Technologies Co.(Hellerman, Richard) |
| Filing 24 MINUTE entry before the Honorable Jeffrey Cole:The joint motion for entry of a protective order #19 is granted.Mailed notice (jms, ) |
| Filing 26 AGREED CONFIDENTIALITY Order. Signed by the Honorable Jeffrey Cole on 9/27/2019. Mailed notice (aee, ) |
| Filing 23 RESPONSE by Defendant Raul Campos to defendant's request for production (Exhibits). (aee, ) |
| Filing 22 ANSWER to Complaint with Jury Demand by Raul Campos. (aee, ) |
| Filing 21 NOTICE of Motion by Matthew G. Allison for presentment of motion for protective order #19 before Honorable Jeffrey Cole on 10/1/2019 at 08:30 AM. (Allison, Matthew) |
| Filing 20 NOTICE of Motion by John Michael Murphy for presentment of motion for protective order #19 before Honorable Jorge L. Alonso on 10/1/2019 at 09:30 AM. (Murphy, John) |
| Filing 19 MOTION by Plaintiff Superior Graphite Co. for protective order (Joint / Agreed Confidentiality) (Attachments: #1 Exhibit A - Redlined-Agreed Confidentiality Order)(Murphy, John) |
| Filing 18 MINUTE entry before the Honorable Jeffrey Cole: Status hearing set for 10/16/19 at 8:30 a.m. in courtroom 1003 at which time the parties' progress in discovery will be discussed. Mailed notice. (jjr, ) |
| Filing 17 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery supervision; settlement conference. (lf, )Notice mailed by judge's staff. |
| Filing 16 MINUTE entry before the Honorable Jorge L. Alonso: Motion hearing held. For the reasons stated on the record, Plaintiff's Rule 65 motion for a preliminary injunction #7 is entered and continued. Preliminary Injunction hearing set for 12/16/19 at 2:00 p.m. Plaintiff's motion for expedited discovery in advance of mandatory initial discovery and Rule 26(f) conference #5 is granted. Plaintiff and Defendants are granted leave to serve discovery requests. All expedited fact discovery shall be served in time to be completed by 11/15/19. Parties are directed to continue to meet and confer regarding reasonable alterations to the requests. This case is referred to the magistrate judge for discovery supervision, with authority to extend deadlines, and a settlement conference. Notice mailed by judge's staff (lf, ) |
| Filing 15 ATTORNEY Appearance for Defendant American Energy Technologies Co. by Richard Keith Hellerman (Hellerman, Richard) |
| Filing 14 NOTICE by Superior Graphite Co. re notification of affiliates pursuant to local rule 3.2 #13 (Murphy, John) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Superior Graphite Co. and FRCP 7.1 Corporate Disclosure Statement (Murphy, John) |
| Filing 12 ATTORNEY Appearance for Plaintiff Superior Graphite Co. by Donna Jordan Williams (Williams, Donna) |
| Filing 11 ATTORNEY Appearance for Plaintiff Superior Graphite Co. by Matthew G. Allison (Allison, Matthew) |
| Filing 10 NOTICE by Superior Graphite Co. re memorandum in support of motion #9 (Murphy, John) |
| Filing 9 MEMORANDUM by Superior Graphite Co. in support of motion for preliminary injunction #7 (Murphy, John) |
| Filing 8 NOTICE of Motion by John Michael Murphy for presentment of motion for preliminary injunction #7 before Honorable Jorge L. Alonso on 9/10/2019 at 09:30 AM. (Murphy, John) |
| Filing 7 MOTION by Plaintiff Superior Graphite Co. for preliminary injunction (Rule 65) (Attachments: #1 Exhibit A - Declaration of Edward O. Carney)(Murphy, John) |
| Filing 6 NOTICE of Motion by John Michael Murphy for presentment of motion to expedite, #5 before Honorable Jorge L. Alonso on 9/10/2019 at 09:30 AM. (Murphy, John) |
| Filing 5 MOTION by Plaintiff Superior Graphite Co. to expedite Discovery in Advance of Mandatory Initial Discovery and R 26(f) Conference (Attachments: #1 Exhibit A - Declaration of Edward O. Carney, #2 Exhibit B - First Document Requests to Campos, #3 Exhibit C - First Interrogatories to Campos, #4 Exhibit D - First Document Requests to American Energy Technologies, #5 Exhibit E - First Interrogatories to American Energy Technologie)(Murphy, John) |
| Filing 4 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. (bg, ) |
| SUMMONS Issued as to Defendants American Energy Technologies Co., Raul Campos (rc, ) |
| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (rc, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Superior Graphite Co. by John Michael Murphy (Murphy, John) |
| Filing 2 CIVIL Cover Sheet (Murphy, John) |
| Filing 1 COMPLAINT filed by Superior Graphite Co.; Jury Demand. Filing fee $ 400, receipt number 0752-16190045.(Murphy, John) |
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