Jerlib Investers, LLC v. Cohn & Cohn et al
| JERLIB INVESTORS, LLC a Florida limited liability company and Jerlib Investers, LLC |
| CHARLES A. COHN, JPMORGAN CHASE BANK, N.A. d/b/a CHASE BANK, ERWIN COHN, COHN & COHN, an Illinois partnership, Lee S. Rose, Charles A Cohn, Cohn & Cohn and JPMorgan Chase Bank, N.A. |
| 1:2019cv06203 |
| September 17, 2019 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Contract: Other |
| 26:7402 |
| Both |
Docket Report
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| Filing 34 FIRST AMENDED complaint by Jerlib Investers, LLC against Charles A Cohn, Erwin Cohn, Cohn & Cohn, Lee S. Rose (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Pioli, Victor) |
| Filing 33 MINUTE entry before the Honorable Andrea R. Wood: Preliminary Injunction and Show Cause hearing held. Plaintiff's oral motion for leave to file an amended complaint is granted. Plaintiff shall file its amended complaint by 11/15/2019 and proceed with service. Plaintiff is directed to provide courtesy copies of all previously-served expedited discovery by email to Erwin Cohn at cceclaw@aol.com, by the close of business on 11/13/2019; Defendants shall serve responses to all such outstanding expedited discovery by 11/18/2019. As stated on the record, Plaintiff's request for preliminary injunctive relief is granted. The expedited discovery provisions of the previously entered temporary restraining order #20 , #21 remain in effect for all previously-served discovery. For new discovery going forward, the usual provisions of the Federal Rules of Civil Procedure shall apply. The Court will issue a detailed Preliminary Injunction Order separately. Plaintiff shall provide the Court with a draft Preliminary Injunction Order by e-mail to the Court's proposed order e-mailbox. Request for sanctions against Defendants for failure to provide an accounting as required by the temporary restraining order is taken under advisement. Status hearing is set for 12/13/2019 at 9:30 a.m. Mr. Rose is required to appear in person or by counsel. Mailed notice (vcf, ) |
| Filing 32 SEALED EXHIBIT by Plaintiff Jerlib Investers, LLC Exhibit B of Affidavit of Victor J. Pioli (Pioli, Victor) |
| Filing 31 SEALED EXHIBIT by Plaintiff Jerlib Investers, LLC Exhibit A of Affidavit of Victor J. Pioli (Pioli, Victor) |
| Filing 30 SEALED EXHIBIT by Plaintiff Jerlib Investers, LLC Affidavit of Victor J. Pioli (Pioli, Victor) |
| Filing 29 TRANSCRIPT OF PROCEEDINGS held on 10/16/2019 before the Honorable Andrea R. Wood. Order Number: 36434. Court Reporter Contact Information: Colette M. Kuemmeth (312) 554-8931 colette_kuemmeth@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/22/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/30/2020. (Kuemmeth, Colette) |
| Filing 28 TRANSCRIPT OF PROCEEDINGS held on 09/20/2019 before the Honorable Andrea R. Wood. Order Number: 36434. Court Reporter Contact Information: Colette M. Kuemmeth (312) 554-8931 colette_kuemmeth@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 11/22/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/30/2020. (Kuemmeth, Colette) |
| Filing 27 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff having filed a Rule 41 notice of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) #25 , as to Defendant JPMorgan Chase Bank, N.A. only. Accordingly, JPMorgan Chase Bank, N.A. is voluntarily dismissed without prejudice as Defendant. Mailed notice (ef, ) |
Filing 26
ORDER signed by the Honorable Andrea R. Wood on 10/30/2019: Status hearing held. Counsel for Plaintiff and Defendant JPMorgan Chase Bank, N.A. appeared. Third-Party Subpoena Respondent Lee Rose appeared pro se. Defendant Charles A Cohn and counsel for Defendants Cohn & Cohn and Erwin Cohn failed to appear. As stated on the record, Lee Rose's deposition shall take place on 11/15/2019 at 1:00 PM, unless the parties mutually agree otherwise. Show Cause hearing set for 11/13/2019 at 9:30 AM. Defendants Cohn & Cohn, Charles A Cohn and Erwin Cohn shall appear before this Honorable Court on 11/13/2019 at 9:30 a.m. in Courtroom 1925 at the Dirksen Federal Building, 219 South Dearborn Street, Chicago, Illinois 60604 to show cause as to why they should not be held in civil contempt for failure to comply with this Court's Order #20 . The Court finds that good cause exists to extend the temporary restraining order entered 10/16/2019 #20 #21 for an additional 14 days. The temporary restraining order shall expire on 11/13/2019. By 11/8/2019, Plaintiff shall make a supplemental filing in support of its motion for preliminary injunction regarding the results of the discovery obtained on the bank accounts discussed on the record. Preliminary Injunction hearing set for 11/13/2019 at 9:30 AM. Mailed notice(ef, )
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| Filing 25 NOTICE of Voluntary Dismissal by Jerlib Investers, LLC Pursuant to Rule 41 of JPMORGAN CHASE BANK, N.A. d/b/a CHASE BANK only (Pioli, Victor) |
| Filing 24 AFFIDAVIT of Service filed by Plaintiff Jerlib Investers, LLC regarding Summons & Complaint served on Charles A. Cohn on 10/25/2019 (Pioli, Victor) |
| ALIAS Summons Issued as to Defendant Charles A Cohn. (mc, ) |
| SUMMONS Issued as to Defendant JPMorgan Chase Bank, N.A. (ng, ) |
| Filing 23 ATTORNEY Appearance for Defendant Erwin Cohn by Erwin Cohn (Cohn, Erwin) |
| Filing 22 ATTORNEY Appearance for Defendant Cohn & Cohn by Erwin Cohn (Cohn, Erwin) |
| Filing 21 TEMPORARY RESTRAINING ORDER *SEALED* signed by the Honorable Andrea R. Wood on 10/16/2019. Mailed notice(ef, ) |
| Filing 20 TEMPORARY RESTRAINING ORDER (Public Version) signed by the Honorable Andrea R. Wood on 10/16/2019. Mailed notice(ef, ) |
| Filing 19 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Plaintiff appeared through counsel. JP Morgan Chase appeared through counsel. Defendant Erwin Cohn appeared and acknowledged that he and Defendant Cohn & Cohn have been served with process in this matter. Defendant Erwin Cohn stated that he was appearing on behalf of himself and Cohn & Cohn but could not make any representations regarding Defendant Charles A. Cohn. Defendant Erwin Cohn further (1) did not contest that he and Cohn & Cohn have not filed an answer or otherwise responded to the complaint and there are technically in default, and (2) did not state any general or specific objection to the entry of an order restraining transactions in the escrow account until a proper accounting can be made. Accordingly, for the reasons stated on the record, the Court finds that Plaintiff has satisfied the requirements for temporary injunctive relief in the form of a Temporary Restraining Order as provided by Fed. R. Civ. P. 65(b). Enter Temporary Restraining Order (Sealed and Public Versions) as of 10:30 AM on 10/16/2019. The Temporary Restraining Order will expire in 14 days unless extended by the Court for good cause shown. Plaintiff is directed to file proof of service as soon as practicable so that the Court may determine whether to enter default pursuant to Fed. R. Civ. P. 55(a) as to Defendants. Plaintiff's motion for a preliminary injunction is entered and continued to the next status hearing. Status hearing set for 10/30/2019 at 9:30 AM. Mailed notice (ef, ) |
| Filing 18 CERTIFICATE of Service of Plaintiff's First Set of Interrogatories and First Request for Production to All Defendants by Victor J. Pioli on behalf of Jerlib Investers, LLC (Pioli, Victor) |
| Filing 17 NOTICE of Motion by Victor J. Pioli for presentment of motion for preliminary injunction #15 before Honorable Andrea R. Wood on 10/16/2019 at 09:00 AM. (Pioli, Victor) |
| Filing 16 NOTICE of Motion by Victor J. Pioli for presentment of (Pioli, Victor) |
| Filing 15 MOTION by Plaintiff Jerlib Investers, LLC for preliminary injunction (Pioli, Victor) |
| Filing 14 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 11/19/2019 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) |
| Filing 13 ATTORNEY Appearance for Plaintiff Jerlib Investers, LLC by Joseph R. Marconi (Corrected) (Marconi, Joseph) |
| Filing 12 ATTORNEY Appearance for Plaintiff Jerlib Investers, LLC by Joseph R. Marconi (Marconi, Joseph) |
| Filing 11 MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held. Pursuant to the discussion held in open court and for the reasons stated on the record, Plaintiff's motion for temporary restraining order and preliminary injunction #4 is taken under advisement. As stated on the record, Plaintiff shall submit a Word version of its revised proposed order to the Court's Proposed Order e-mailbox at Proposed_Order_Wood@ilnd.uscourts.gov within 48 hours. Mailed notice (ef, ) |
| Filing 10 MINUTE entry before the Honorable Andrea R. Wood: Due to the Court's trial schedule, the motion Hearing set for 9/19/2019 is stricken and reset for 9/20/2019 at 02:30 PM. Mailed notice (ef, ) |
| Filing 9 MINUTE entry before the Honorable Andrea R. Wood: Due to the Court's trial schedule, the motion Hearing set for 9/19/2019 at 2:00 p.m. is stricken and reset for 9/19/2019 at 03:00 PM. Mailed notice (ef, ) |
| SUMMONS Issued as to Defendant JPMorgan Chase Bank, N.A. d/b/a Chase Bank. (td, ) |
| SUMMONS Issued as to Defendant Erwin Cohn. (td, ) |
| SUMMONS Issued as to Defendant Charles A. Cohn. (td, ) |
| SUMMONS Issued as to Defendant Cohn & Cohn, an Illinois partnership. (td, ) |
| 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. (ph, ) |
| Filing 7 NOTICE of Motion by Victor J. Pioli for presentment of motion for temporary restraining order #4 before Honorable Andrea R. Wood on 9/19/2019 at 02:00 PM. (Pioli, Victor) |
| Filing 6 MINUTE entry before the Honorable Andrea R. Wood: Motion Hearing set for 9/19/2019 at 02:00 PM. Mailed notice (ef, ) |
| Filing 5 MEMORANDUM by JERLIB INVESTORS, LLC a Florida limited liability company in support of motion for temporary restraining order #4 (Pioli, Victor) |
| Filing 4 MOTION by Plaintiff JERLIB INVESTORS, LLC a Florida limited liability company for temporary restraining order (Attachments: #1 Exhibit A)(Pioli, Victor) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (ng, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff JERLIB INVESTORS, LLC a Florida limited liability company by Victor J. Pioli (Pioli, Victor) |
| Filing 2 CIVIL Cover Sheet (Pioli, Victor) |
| Filing 1 COMPLAINT filed by JERLIB INVESTORS, LLC a Florida limited liability company; JURY DEMAND. Filing fee $ 400, receipt number 0752-16245535. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Pioli, Victor) |
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