Small Business Credit Cooperative, Inc. v. EMA Construction Services, Inc. et al
| Small Business Credit Cooperative, Inc. and Joanne Ferneau |
| MA Rebar Services, Inc., Theresa Kern and EMA Construction Services, Inc. |
| 1:2019cv06904 |
| October 18, 2019 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Andrea R Wood |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 17 NOTICE of Voluntary Dismissal by Small Business Credit Cooperative, Inc. (Gensburg, Matthew) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang:Status hearing in 19 C 5714 and 19 C 6904 were held together, and this entry will be posted on both dockets. Attorneys Lee Hart and Anita Thomas appeared by telephone on behalf of SBCC and NOW. By agreement of the parties, SBCC is permitted to intervene as a Third-Party Plaintiff in 19 C 5714, and will file a Third-Party Complaint on 11/15/2019 to pursue the claims in 19 C 6904. Contemporaneously, SBCC will voluntarily dismissed without prejudice 19 C 6904. Because that will render 19 C 6904 unnecessary, that case is administratively terminated without prejudice to the filing of the Third-Party Complaint in 19 C 5714. The MA Rebar parties shall file answer or respond to the Third-Party complaint by 12/12/2019. MID disclosures due 12/04/2019. The first-round of written discovery requests to fill gaps in the MID disclosures shall issue no later than 12/18/2019. Written discovery must be issued in order to be complete written discovery by 02/18/2020. Depositions to be completed by 03/20/2020. By 01/21/2020, the parties shall file a Deposition Scheduling Report listing the depositions that have been taken and the *confirmed* dates of the remaining depositions. Any person not on that status report will presumptively not be deposed unless there is good cause shown (e.g., genuine surprise). Rule 26(a)(2)(B) reports for retained experts due 03/27/2020. If the parties cannot agree on an auditor, then they shall file a motion to appoint an auditor on or before 11/25/2019. The auditor shall submit the report on or before 01/03/2020, subject to an extension for good cause. The auditor is authorized to set deadlines for proposed analyses and conferrals on the scope of the analyses. The auditor will be deposed by 02/28/2020, with one deposition per side. The parties shall evenly split the auditor's fees and costs. Status hearing set for 01/09/2020 at 10:15 a.m.Emailed notice (slb, ) |
| Filing 15 STATUS Report (Joint) by EMA Construction Services, Inc., Joanne Ferneau, Theresa Kern, MA Rebar Services, Inc. (Brown, Stephen) |
Filing 14
ORDER signed by the Honorable Edmond E. Chang. This Order is being posted in both Case No. 19 C 5714 and Case No. 19 C 6904. For the reasons stated in the Order, Plaintiffs' motion for preliminary injunction is denied in large part and granted in limited part. NOW shall rescind the previously issued UCC Section 406 notices sent to the Plaintiffs' clients and shall not issue further UCC Section 406 notices to the Plaintiffs' clients. But NOW is permitted to reissue Section 607 notices, and issue additional 607 notices as appropriate. In 19 C 6904, SBCC's motion #4 for TRO and preliminary injunction is denied. To allow the parties some time to review this Order, the status hearing of 11/05/2019 is reset to 11/13/2019, at 9:30 a.m. The parties shall confer as directed in the Order and shall file a joint status report (applicable to both cases), and file the report on both dockets on or before 11/12/2019. Also, the motions 31 34 in limine were denied at the evidentiary hearing, so the docket shall reflect the termination of those motions. The motion 46 to strike is denied as unnecessary; the Court did not consider what was basically an unauthorized post-hearing brief. But the motion 46 for sanctions is denied as overwrought and out of proportion to NOW's filing.Emailed notice(slb, )
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| Filing 13 MINUTE entry before the Honorable Edmond E. Chang:Applications #11 #12 by Lee Hart and Anita Thomas to appear pro hac vice on behalf of Plaintiff are granted. (slb, ) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16397760. Anita Thomas (Gensburg, Matthew) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16397746. Lee Hart (Gensburg, Matthew) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: Status hearing set for 11/05/2019 at 10:30 a.m.Emailed notice (slb, ) |
| Filing 9 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Honorable Andrea R. Wood no longer assigned to the case. Signed by Executive Committee on 10/23/2019.(pk, ) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang:In 19 C 5714, the lower-numbered case, the Court has granted a motion to reassign this case to Judge Chang's calendar under Local Rule 40.4. Status hearing set with Judge Chang for 11/05/2019 at 10:30 a.m. Emailed notice (slb, ) |
| Filing 7 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 12/19/2019 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 6 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 5 SEALED DOCUMENT by Plaintiff Small Business Credit Cooperative, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Gensburg, Matthew) |
| Filing 4 MOTION by Plaintiff Small Business Credit Cooperative, Inc. for preliminary injunction , MOTION by Plaintiff Small Business Credit Cooperative, Inc. for temporary restraining order (Attachments: #1 Exhibit A, #2 Exhibit B)(Gensburg, Matthew) |
| Filing 3 SEALED DOCUMENT by Plaintiff Small Business Credit Cooperative, Inc. Exhibit J to Complaint (Gensburg, Matthew) |
| Filing 2 CIVIL Cover Sheet (Gensburg, Matthew) |
| Filing 1 COMPLAINT filed by Small Business Credit Cooperative, Inc.; Filing fee $ 400, receipt number 0752-16353617. (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)(Gensburg, Matthew) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (axc, ) |
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