United States of America v. Post et al

Defendant: Kenneth Merlau, Gwen Post, Erik S. Post, Siegel & Dolan Ltd. and Gwen M Post
Cross Claimant: Metropolitan Capital Bank & Trust
Cross Defendant: Navigant Consulting, Inc., Pederson & Houpt, P.C. and Kenneth A Merlau
Counter Defendant: United States of America
Case Number: 1:2019cv06227
Filed: September 18, 2019
Court: US District Court for the Northern District of Illinois
Presiding Judge: Robert W Gettleman
Nature of Suit: Tax Suit: Taxes
Cause of Action: 26 U.S.C. § 7403
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 14, 2021 Filing 75 ISSUED ABSTRACT of Judgment per the request of United States of America against Erik S. Post and Gwen M. Post in the amount of $455,195.18. (daj, )
September 28, 2021 Filing 74 ENTERED JUDGMENT on 9/28/2021. Mailed notice (cn).
September 28, 2021 Filing 73 STIPULATION FOR ENTRY OF JUDGMENT signed by the Honorable Robert W. Gettleman on 9/28/2021: Telephonic hearing set for 9/28/2021 is stricken. Civil case terminated. Mailed notice (cn).
July 28, 2021 Filing 72 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic status hearing held on 7/28/2021. Telephonic status hearing set for 9/28/2021 at 9:00 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn).
May 11, 2021 Filing 71 STIPULATION regarding Judgment between the United States and Erik S. and Gwen M. Post (Jones, Samuel)
May 5, 2021 Filing 70 MINUTE entry before the Honorable Robert W. Gettleman: Telephonic status hearing held on 5/5/2021. Telephonic status hearing set for 7/28/2021 at 9:15 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn).
February 22, 2021 Filing 69 MINUTE entry before the Honorable Robert W. Gettleman: At the parties' request #68 this case is stayed through 4/23/2021. Telephonic status hearing set for 2/25/2021 is stricken and reset to 5/5/2021 at 9:15 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn).
February 22, 2021 Filing 68 STATUS Report by United States of America (Jones, Samuel)
February 18, 2021 Filing 67 ATTORNEY Appearance for Defendants Erik S. Post, Gwen M Post by Paul Matthew King (King, Paul)
December 23, 2020 Filing 66 MINUTE entry before the Honorable Robert W. Gettleman: The parties are directed to file a Joint Status Report by 2/22/2021. Telephonic status hearing set for 2/25/2021 at 9:15 a.m. The call-in number is (888) 684-8852 and the access code is 1503395. Mailed notice (cn).
December 21, 2020 Filing 65 STATUS Report by United States of America (Jones, Samuel)
October 1, 2020 Filing 64 MINUTE entry before the Honorable Robert W. Gettleman: The parties are directed to file a Status Report on or before 12/21/2020. Mailed notice (cn).
September 30, 2020 Filing 63 STATUS Report by United States of America (Jones, Samuel)
September 16, 2020 Filing 62 MINUTE entry before the Honorable Robert W. Gettleman: The remaining parties are directed to file a Joint Status Report due by 9/30/2020. Mailed notice (Attachments: #1 Joint Status Report) (cn).
September 16, 2020 Filing 61 AGREED ORDER Signed by the Honorable Robert W. Gettleman on 9/16/2020. Mailed notice (cn, )
September 15, 2020 Filing 60 STIPULATION of Partial Dismissal (Joint) (Sneeringer, Stanley)
August 12, 2020 Filing 59 NOTICE by Darren Mason Mungerson of Change of Address (SUITE NUMBER) (Mungerson, Darren)
July 10, 2020 Filing 57 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. (Clerk6, Docket)
July 9, 2020 Filing 58 MINUTE entry before the Honorable Jeffrey Cummings: Remote video settlement conference held on 7/9/20. The parties were able to reach an agreement to settle the case. The parties will file a Joint Stipulation of Dismissal with the District Court. All matters relating to the referral having been completed, the referral is closed and the case is returned to the assigned judge. Judge Jeffrey Cummings no longer referred to the case. Mailed notice (cc, )
July 6, 2020 Filing 56 MINUTE entry before the Honorable Jeffrey Cummings: Plaintiff United States of America has requested that the person who holds its ultimate settlement authority (Section Chief David Katinsky) be allowed to attend the parties' upcoming 7/9/20 settlement conference on an as-needed basis given the breath of his supervisory responsibilities. None of the other parties object to plaintiff's request. Plaintiff's request is granted on the condition that Section Chief Katinsky remain available by telephone during the duration of the parties' settlement conference. Mailed notice (cc, )
July 2, 2020 Filing 55 MINUTE entry before the Honorable Robert W. Gettleman: Attorney W. Damon Dennis' Motion to withdraw as counsel for United States #54 is granted. Mailed notice (cn).
July 1, 2020 Filing 54 MOTION by Attorney W. Damon Dennis to withdraw as attorney for United States of America, United States of America, United States of America. No party information provided (Dennis, W.)
June 10, 2020 Filing 53 MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' 6/1/20 joint status report on settlement and schedules a remote video settlement conference for 7/9/20 at 1:00 p.m. In advance of the settlement conference, counsel for the parties will receive the instructions for participation in the remote settlement conference and for participation in a brief pre-settlement conference practice session with the Court's staff. Mailed notice (cc, )
May 26, 2020 Filing 52 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. (docket7, )
May 5, 2020 Filing 51 MINUTE entry before the Honorable Jeffrey Cummings: The parties in this matter have exchanged their settlement correspondence in accordance with the Court's Standing Order for Settlement Conferences. As soon as practicable, but in no event later than 6/1/20, the parties shall submit a joint status report on settlement negotiations to the Court's settlement correspondence e-mail address. The parties should not file this status report on the Court's electronic docketing system. The report shall include any updated settlement demand or offer and the parties' tentative availability in June and July for a settlement conference. The parties should also indicate whether they would be available for an in-person settlement conference. To the extent possible, the parties are encouraged to continue engaging in settlement negotiations amongst themselves, by telephone or video conference only. In addition, the parties shall promptly notify the Court if they reach a settlement agreement. The Court will set a telephonic status hearing in due course after receiving the parties' joint status report on settlement negotiations to discuss re-scheduling the settlement conference. This order does not exempt the parties from filing the status report otherwise required under the Northern District of Illinois' Third Amended General Order 20-0012. Mailed notice (cc, )
May 1, 2020 Filing 50 MINUTE entry before the Honorable Robert W. Gettleman: Pursuant to the Third Amended General Order 20-0012 the status hearing previously set for 5/20/2020 is vacated. Mailed notice (cn).
April 24, 2020 Filing 49 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. (docket6, )
April 8, 2020 Filing 48 MINUTE entry before the Honorable Robert W. Gettleman: Pursuant to Second Amended General Order 20-0012, status hearing set for set for 4/22/2020 is stricken and re-set to 5/20/2020 at 9:10 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 (Claire_Newman@ilnd.uscourts.gov) and the proposed order email box (Proposed_Order_Gettleman@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 4.k 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. Note that any motion for emergency relief must be filed on the docket in this case and the General Emergency Docket 20 cv 1792. Mailed notice (cn).
March 30, 2020 Filing 47 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. (docket2, )
March 18, 2020 Filing 46 MINUTE entry before the Honorable Robert W. Gettleman: Due to the COVID-19 Emergency and Amended General Order 20-0012, status hearing set for 3/31/2020 is stricken and reset to 4/22/2020 at 9:10 a.m. Mailed notice (cn).
March 16, 2020 Filing 45 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. (ecw, )
March 16, 2020 Filing 44 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. (ecw, )
March 16, 2020 Filing 43 MINUTE entry before the Honorable Jeffrey Cummings: In light of Amended General Order 20-0012, dated 3/16/20, the currently set status and/or motion hearing in this matter is postponed and will be set by further order of the Court. Mailed notice (cc, )
March 13, 2020 Filing 42 MINUTE entry before the Honorable Jeffrey Cummings: In light of General Order 20-112, the 3/20/20 in-person settlement conference is stricken. Telephonic status hearing on settlement set for 10:00 a.m. on 3/20/20 for counsel only. Counsel for each party shall dial the Court's conference call-in number (888-684-8852, access code 3997645) to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. The Court strongly prefers that individuals appearing by phone use a land line rather than a mobile phone. Mailed notice (cc, )
February 18, 2020 Filing 41 MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 2/18/2020. Kenneth Merlau did not appear. Metropolitan Capital Bank & Trust's motion for entry of default against Kenneth Merlau #36 is granted. Mailed notice (cn).
February 6, 2020 Filing 40 ATTORNEY Appearance for Cross Defendant Pederson & Houpt, P.C., Cross Claimant Pederson & Houpt, P.C., Counter Claimant Pederson & Houpt, P.C., Defendant Pederson & Houpt, P.C. by Matthew D Wilson (Wilson, Matthew)
February 6, 2020 Filing 39 ATTORNEY Appearance for Defendant Gwen M Post by Matthew D Wilson (Wilson, Matthew)
February 6, 2020 Filing 38 ATTORNEY Appearance for Defendant Erik S. Post by Matthew D Wilson (Wilson, Matthew)
January 24, 2020 Filing 37 Metropolitan Capital Bank & Trust's NOTICE of Motion by R. Timothy Novel for presentment of motion for default judgment #36 before Honorable Robert W. Gettleman on 2/18/2020 at 09:15 AM. (Novel, R. Timothy)
January 24, 2020 Filing 36 MOTION by Defendant Metropolitan Capital Bank & Trust for default judgment as to Kenneth Merlau (Novel, R. Timothy)
January 7, 2020 Filing 35 ORDER: This matter coming to be heard on Defendant, Pedersen & Houpt, P.C.'s, Motion For Entry of Default Against Kenneth Merlau. IT IS HEREBY ORDERED: (1) Defendant's Motion is granted and default is entered against defendant, Kenneth Merlau on Counts III, IV and V of defendant, Pedersen & Houpt, P.C.'s Cross-Claims; and (2) The previously scheduled status conference for March 5, 2020 is hereby stricken and the parties are to reconvene on March 31, 2020 at 9:00 a.m. for status on settlement discussions. Signed by the Honorable Robert W. Gettleman on 1/7/2020. Mailed notice (cn).
January 7, 2020 Filing 34 MINUTE entry before the Honorable Robert W. Gettleman: Motion hearing held on 1/7/2020. Defendant/Cross-Defendant Kenneth Merlau did not appear. Pedersen & Houpt, P.C.'s motion for entry of default judgment against Kenneth Merlau on Counts III, IV and V of Pedersen & Houpt's Cross-Claims #32 is granted. Pedersen & Houpt to submit a draft order to the court's proposed order email box. Status hearing set for 3/5/2020 is stricken and reset to 3/31/2020 at 9:00 a.m. Mailed notice (cn).
December 13, 2019 Filing 33 NOTICE of Motion by Stanley Carlylle Sneeringer for presentment of motion for default judgment #32 before Honorable Robert W. Gettleman on 1/7/2020 at 09:15 AM. (Sneeringer, Stanley)
December 13, 2019 Filing 32 MOTION by Cross Claimant Pederson & Houpt, P.C. for default judgment as to Kenneth Merlau (Attachments: #1 Exhibit Exhibit A - Affidavit of Stan C. Sneeringer)(Sneeringer, Stanley)
December 12, 2019 Filing 31 MINUTE entry before the Honorable Jeffrey Cummings:Status hearing held. Settlement conference set for 3/20/20 at 10:00 a.m. in courtroom 1350. The parties are directed to review and comply with Judge Cummings' Standing Order for Settlement Conferences. All parties are to provide a settlement proposal 2/7/20. Defendants Metropolitan Capital Bank & Trust and Pederson & Houpt, P.C. are to provide responses to the settlement proposals by 2/21/20. Any other parties that wish to provide responses to the settlement proposals may also submit them by that date. The parties may not change these dates for exchange unless authorized by the Court. The parties are reminded that someone with full settlement authority for each party must be present in-person at the settlement conference. Each party shall email a copy of its letter to Judge Cummings' chambers on the same day that it is provided to opposing counsel. The email address for submission of settlement letters to the Court is: Settlement_Correspondence_Cummings@ilnd.uscourts.gov. Parties are reminded that this is a firm settlement conference date and no continuance will be allowed absent exigent circumstances. (rbf, )
December 11, 2019 Filing 30 WAIVER OF SERVICE returned executed by United States of America. Kenneth A Merlau waiver sent on 9/18/2019, answer due 11/18/2019. (Dennis, W.)
December 5, 2019 Filing 29 STATUS Report Pursuant to Mag. Judge Cummings Order, doc. no. 28, by United States of America (Attachments: #1 Exhibit Referral)(Dennis, W.)
November 26, 2019 Filing 28 MINUTE entry before the Honorable Jeffrey Cummings:This case has been referred to Magistrate Judge Cummings to conduct a settlement conference. Status hearing set for 12/12/2019 at 10:15 a.m. in courtroom 1350. Parties are directed to file a joint status report in accordance with Judge Cummings' Standing Order for Initial Status Report by 12/5/19. Additionally, counsel shall consult with their respective clients before the status hearing to determine available dates for a settlement conference that may be set with the next five to seven months. Because of the volume of settlement conferences conducted by Judge Cummings, once a settlement conference has been agreed upon, no continuance will be granted absent a motion demonstrating exigent circumstances. (rbf, )
November 20, 2019 Filing 27 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: settlement. (cn) Mailed notice.
November 20, 2019 Filing 26 MINUTE entry before the Honorable Robert W. Gettleman: Status hearing held on 11/20/2019. The parties are directed to file a Joint Status Report and deliver a courtesy copy to chambers by 2/26/2020. Status hearing set for 3/5/2020 at 9:00 a.m. The time period for responsive pleadings to the cross and counterclaims is stayed until further order of court. Mailed notice (cn).
November 19, 2019 Filing 25 ATTORNEY Appearance for Defendant Siegel & Dolan Ltd. by James D Rogers (Rogers, James)
November 19, 2019 Filing 24 ATTORNEY Appearance for Defendant Siegel & Dolan Ltd. by Marc J. Siegel (Siegel, Marc)
November 19, 2019 Filing 23 ATTORNEY Appearance for Plaintiff United States of America, Counter Defendants United States of America, United States of America by Samuel Patrick Jones (Jones, Samuel)
November 18, 2019 Filing 22 ANSWER to Complaint by Navigant Consulting, Inc.(Mungerson, Darren)
November 15, 2019 Filing 21 ANSWER to Crossclaim by Metropolitan Capital Bank & Trust(Haskin, Benjamin)
November 15, 2019 Filing 20 ANSWER to Complaint , CROSSCLAIM by Metropolitan Capital Bank & Trust against Kenneth A Merlau, Navigant Consulting, Inc., Pederson & Houpt, P.C. ., COUNTERCLAIM filed by Metropolitan Capital Bank & Trust against United States of America . by Metropolitan Capital Bank & Trust(Haskin, Benjamin)
November 13, 2019 Filing 19 REPORT of Rule 26(f) Planning Meeting by United States of America (Dennis, W.)
October 17, 2019 Filing 18 WAIVER OF SERVICE returned executed by United States of America. Navigant Consulting, Inc. waiver sent on 9/18/2019, answer due 11/18/2019. (Dennis, W.)
October 17, 2019 Filing 17 WAIVER OF SERVICE returned executed by United States of America. Metropolitan Capital Bank & Trust waiver sent on 9/18/2019, answer due 11/18/2019. (Dennis, W.)
October 17, 2019 Filing 16 ANSWER to Complaint of the United States of America by Erik S. Post, Gwen M Post(Sneeringer, Stanley)
October 16, 2019 Filing 15 ATTORNEY Appearance for Cross Defendant Navigant Consulting, Inc., Defendant Navigant Consulting, Inc. by Darren Mason Mungerson (Mungerson, Darren)
October 15, 2019 Filing 14 MINUTE entry before the Honorable Robert W. Gettleman: Defendant Pederson & Houpt, P.C.'s motion for leave to file Exhibit B to its answer, counterclaims and cross-claims under seal #8 is granted. Motion presentment hearing set for 10/16/2019 is stricken. Mailed notice (cn).
October 11, 2019 Filing 13 MINUTE entry before the Honorable Robert W. Gettleman: At plaintiff's request the schedule set forth in docket #12 is modified as follows: Joint Status Report due by 11/13/2019, and status hearing set for 10/30/2019 is stricken and reset to 11/20/2019 at 9:10 a.m. Mailed notice (Attachments: #1 Joint Status Report) (cn).
October 11, 2019 Filing 12 MINUTE entry before the Honorable Robert W. Gettleman: The parties are directed to file a Joint Status Report on this court's form and deliver a courtesy copy to chambers by 10/23/2019. Status hearing set for 10/30/2019 at 9:10 a.m. Mailed notice (cn).
October 9, 2019 Filing 11 SEALED EXHIBIT by Cross Claimant Pederson & Houpt, P.C., Counter Claimant Pederson & Houpt, P.C., Defendant Pederson & Houpt, P.C. regarding answer to complaint,, crossclaim,, counterclaim, #10 (Sneeringer, Stanley)
October 9, 2019 Filing 10 Pedersen & Houpt, P.C.'s ANSWER to Complaint , CROSSCLAIM by Pederson & Houpt, P.C. against Metropolitan Capital Bank & Trust, Kenneth A Merlau, Navigant Consulting, Inc. ., COUNTERCLAIM filed by Pederson & Houpt, P.C. against United States of America . by Pederson & Houpt, P.C. (Sneeringer, Stanley)
October 9, 2019 Filing 9 Pedersen & Houpt, P.C.'s NOTICE of Motion by Stanley Carlylle Sneeringer for presentment of motion for leave to file #8 before Honorable Robert W. Gettleman on 10/16/2019 at 09:15 AM. (Sneeringer, Stanley)
October 9, 2019 Filing 8 MOTION by Defendant Pederson & Houpt, P.C. for leave to file Exhibit B to Its Answer, Counterclaims and Cross-Claims Under Seal (Sneeringer, Stanley)
October 8, 2019 Filing 7 ATTORNEY Appearance for Defendant Metropolitan Capital Bank & Trust by R. Timothy Novel (Novel, R. Timothy)
October 8, 2019 Filing 6 ATTORNEY Appearance for Defendant Metropolitan Capital Bank & Trust by Benjamin Eli Haskin (Haskin, Benjamin)
October 3, 2019 Filing 5 ATTORNEY Appearance for Defendant Gwen M Post by Stanley Carlylle Sneeringer (Sneeringer, Stanley)
September 19, 2019 Filing 4 ATTORNEY Appearance for Defendant Pederson & Houpt, P.C. by Stanley Carlylle Sneeringer (Sneeringer, Stanley)
September 19, 2019 Filing 3 ATTORNEY Appearance for Defendant Erik S. Post by Stanley Carlylle Sneeringer (Sneeringer, Stanley)
September 19, 2019 Filing 2 ATTORNEY Appearance for Plaintiff United States of America by W. Damon Dennis (Dennis, W.)
September 18, 2019 Filing 1 COMPLAINT filed by United States of America; (Attachments: #1 Civil Cover Sheet)(Dennis, W.)
September 18, 2019 CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (ng, ) Modified on 9/18/2019 (ng, ).

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Search for this case: United States of America v. Post et al
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Cross claimant: Metropolitan Capital Bank & Trust
Represented By: R. Timothy Novel
Represented By: Benjamin Eli Haskin
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Defendant: Kenneth Merlau
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Defendant: Gwen Post
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Defendant: Erik S. Post
Represented By: Stanley Carlylle Sneeringer
Represented By: Matthew D Wilson
Represented By: Paul Matthew King
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Defendant: Siegel & Dolan Ltd.
Represented By: James D Rogers
Represented By: Marc J. Siegel
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Defendant: Gwen M Post
Represented By: Stanley Carlylle Sneeringer
Represented By: Matthew D Wilson
Represented By: Paul Matthew King
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Cross defendant: Navigant Consulting, Inc.
Represented By: Darren Mason Mungerson
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Cross defendant: Pederson & Houpt, P.C.
Represented By: Stanley Carlylle Sneeringer
Represented By: Matthew D Wilson
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Cross defendant: Kenneth A Merlau
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Counter defendant: United States of America
Represented By: W. Damon Dennis
Represented By: AUSA - Chicago
Represented By: Samuel Patrick Jones
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