Canyon Z, LLC et al v. PNW Healthcare Management, LLC et al
| CANYON NH, LLC and CANYON Z, LLC |
| PNW HEALTHCARE MANAGEMENT, LLC and Dov Jacobs |
| 1:2019cv08111 |
| December 11, 2019 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 62 MINUTE entry before the Honorable Matthew F. Kennelly: All claims are dismissed with prejudice pursuant to the parties' stipulation. (mk) |
| Filing 61 STIPULATION of Dismissal (Finger, Kevin) |
| Filing 60 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/12/2021. The parties reported on the status of the settlement. Pursuant to the parties' statement on the record, the case is dismissed without prejudice and a stipulation of dismissal will be filed shortly. Civil case terminated. Mailed notice. (mma, ) |
| Filing 59 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, based on the parties' joint status report, the telephonic status hearing set for 4/22/2021 is vacated and reset to 5/12/2021 at 8:45 AM. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk) |
| Filing 58 STATUS Report (Joint) by Canyon NH, LLC, Canyon Z, LLC (Finger, Kevin) |
| Filing 57 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 4/19/2021 is vacated and reset to 4/22/2021 at 9:10 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. A joint status report is to be filed on 4/19/2021. (mk) |
| Filing 56 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for summary judgment #38 is terminated without prejudice to renewal if the anticipated resolution of the case does not receive approval. (mk) |
| Filing 55 MINUTE entry before the Honorable Matthew F. Kennelly: At the request of the parties, the telephonic status hearing set for 3/8/2021 is vacated and reset to 4/19/2021 at 9:20 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, ) |
| Filing 54 STATUS Report (Joint) by Canyon NH, LLC, Canyon Z, LLC (Finger, Kevin) |
| Filing 53 MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the telephone status hearing set for 1/12/2021 is vacated and reset to for 3/8/2021 at 9:15 AM. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. The parties are directed to file a joint status report regarding the bankruptcy plan of reorganization on 3/1/2021. (mk) |
| Filing 52 STATUS Report (Joint) by Canyon NH, LLC, Canyon Z, LLC (Finger, Kevin) |
| Filing 51 MINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the telephone status hearing set for 12/8/2020 is vacated and reset to for 1/12/2021 at 8:55 AM. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. The parties are directed to file a joint status report regarding the proposed sale in the bankruptcy case on 1/5/2021. (mk) |
| Filing 50 STATUS Report (Joint) by Canyon NH, LLC, Canyon Z, LLC (Finger, Kevin) |
| Filing 49 MINUTE entry before the Honorable Matthew F. Kennelly: Consent (joint) motion to stay for 60 days #48 is granted in light of the representations made in the motion. Briefing on summary judgment is stayed. The telephone status hearing set for 12/8/2020 will proceed as scheduled. The 11/18/2021 deadline for filing a joint status report is extended to 12/1/2020. The joint status report must describe in detail the status of settlement negotiations. (mk) |
| Filing 48 MOTION by Defendants Dov Jacobs, PNW Healthcare Management, LLC to stay regarding order on motion to stay,,,,,, telephone conference,,, set motion and R&R deadlines/hearings,,, set deadlines/hearings,, #47 , MOTION by Plaintiffs Canyon Z, LLC, Canyon NH, LLC for summary judgment #38 with consent of Plaintiffs (Klein, Mayer) |
| Filing 47 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/29/2020. Oral ruling made on the defendant's motions to stay. Defendant's motions to stay #43 #46 are denied for the reasons stated on the record. Defendant's response to the plaintiff's motion for summary judgment #38 is due by 11/19/2020; plaintiff's reply is due by 12/3/2020. A telephonic status hearing is set for 12/8/2020 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. The parties are directed to file a joint status report regarding the proposed sale in the bankruptcy case by 11/18/2020. Mailed notice. (mma, ) |
| Filing 46 MOTION by Defendants Dov Jacobs, PNW Healthcare Management, LLC to stay regarding MOTION by Defendants Dov Jacobs, PNW Healthcare Management, LLC to stay regarding MOTION by Plaintiffs Canyon Z, LLC, Canyon NH, LLC for summary judgment #38 #43 , response in opposition to motion, #45 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Klein, Mayer) |
| Filing 45 RESPONSE by Canyon NH, LLC, Canyon Z, LLCin Opposition to MOTION by Defendants Dov Jacobs, PNW Healthcare Management, LLC to stay regarding MOTION by Plaintiffs Canyon Z, LLC, Canyon NH, LLC for summary judgment #38 #43 (Finger, Kevin) |
| Filing 44 MEMORANDUM by Dov Jacobs, PNW Healthcare Management, LLC in support of motion to stay, #43 , motion for summary judgment #38 (Klein, Mayer) |
| Filing 43 MOTION by Defendants Dov Jacobs, PNW Healthcare Management, LLC to stay regarding MOTION by Plaintiffs Canyon Z, LLC, Canyon NH, LLC for summary judgment #38 (Attachments: #1 Affidavit Affidavit of Mayer S. Klein, #2 Supplement Memorandum of Law in Support of Motion to Stay)(Klein, Mayer) |
| Filing 42 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephone status hearing set for 10/1/2020 is vacated. Defendants are directed to file a response by plaintiffs' motion for summary judgment by 11/5/2020. Plaintiffs are directed to file a reply to the response by 11/25/2020. If defendants contend that they require further discovery in order to respond to the summary judgment motion, any statement under Fed. R. Civ. P. 56(d) must be filed by no later than 10/15/2020 and responded to by 10/22/2020. Telephone status hearing is set for 10/29/2020 at 8:55 AM, using call-in number 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk) |
| Filing 41 MINUTE entry before the Honorable Matthew F. Kennelly: The Court denies defendants' motion to stay #34 . Plaintiffs are not required to await the conclusion of bankruptcy litigation involving the primary obligor to attempt to enforce the defendants' guaranty of the primary obligor's debt. The Colorado River doctrine does not apply because the bankruptcy case is in federal court, not state court, and the bankruptcy litigation is not duplicative of this case because defendants are not party to it. See generally Chrysler Credit Corp. v. Marino, 63 F.3d 574, 578-79 (7th Cir. 1995). Defendants have offered no legally viable basis to stay this case. Their motion is therefore denied. (mk) |
| Filing 40 STATUS Report (Joint) by Canyon NH, LLC, Canyon Z, LLC (Finger, Kevin) |
| Filing 39 REPLY by Dov Jacobs, PNW Healthcare Management, LLC to MOTION by Defendants Dov Jacobs, PNW Healthcare Management, LLC to stay #34 , memorandum in opposition to motion #37 (Klein, Mayer) |
| Filing 38 MOTION by Plaintiffs Canyon Z, LLC, Canyon NH, LLC for summary judgment (Attachments: #1 L.R. 56.1 Statement of Facts, #2 Exhibit, #3 Memorandum of Law ISO Motion for Summary Judgment)(Finger, Kevin) |
| Filing 37 MEMORANDUM by Canyon NH, LLC, Canyon Z, LLC in Opposition to motion to stay #34 (Finger, Kevin) |
| Filing 36 MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to stay #34 is to be filed by 9/11/2020. Reply to response is to be filed by 9/18/2020. (mk) |
| Filing 35 MEMORANDUM by Dov Jacobs, PNW Healthcare Management, LLC in support of motion to stay #34 (Attachments: #1 Exhibit Ex A)(Klein, Mayer) |
| Filing 34 MOTION by Defendants Dov Jacobs, PNW Healthcare Management, LLC to stay (Attachments: #1 Exhibit 1)(Klein, Mayer) |
| Filing 33 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/21/2020. Defendant has until 8/31/2020 to serve written discovery requests to the plaintiff. A telephonic status hearing is set for 10/1/2020 at 9:00 a.m. The following call-in number will be used: 888-684-8852, access code 746-1053. By no later than 9/24/2020, the parties are to file a joint status report detailing the status of discovery, including the dates for all depositions. Mailed notice. (mma, ) |
| Filing 32 STATUS Report - Joint by Canyon NH, LLC, Canyon Z, LLC (Finger, Kevin) |
| Filing 31 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephone status hearing set for 10:30 AM on 8/21/2020 is advanced to 10:25 AM on that date, using call-in number 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. The Court notes that the parties failed to file a status report by 8/14/2020, as ordered by the Court on 7/16/2020 (dkt. no 30). The parties are to immediately confer and get a status report on file in conformity with that order by no later than the close of business on 8/19/2020. (mk) |
| Filing 30 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 7/16/2020 and continued to 8/21/2020 at 10:30 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. By no later than 8/14/2020, the parties are to file a joint status report stating the names of the individuals that will be deposed and a schedule for the depositions. Mailed notice. (mma, ) |
Filing 29
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. (Clerk7, Docket)
|
| Filing 28 STATUS Report - Joint by Canyon NH, LLC, Canyon Z, LLC (Finger, Kevin) |
| Filing 27 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 6/18/2020 is vacated and reset to 7/16/2020 at 9:50 AM and will be conducted by telephone using the following call-in number: 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. A joint status report is to be filed by 7/8/2020, including the identity of all persons whose depositions the parties anticipate taking, as well as agreed upon dates or date ranges for each. The parties should assume that depositions will be to be taken by remote means and should plan accordingly. (mk) |
| Filing 26 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion to extend the deadline to respond to written discovery to 6/27/2020 is granted #23 . (mk) |
| Filing 25 STATUS Report (Joint) by Canyon NH, LLC, Canyon Z, LLC (Finger, Kevin) |
| Filing 24 RESPONSE by Canyon NH, LLC, Canyon Z, LLC to MOTION to Defer Initial Discovery Response Deadline (MIDP) , filed by Defendants Dov Jacobs, PNW Healthcare Management, LLC. #23 (Finger, Kevin) |
| Filing 23 MOTION to Defer Initial Discovery Response Deadline (MIDP) , filed by Defendants Dov Jacobs, PNW Healthcare Management, LLC. (Hamburg, Steven) |
|
Filing 22
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. (docket8, )
|
|
Filing 21
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. (docket7, )
|
| Filing 20 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. At the Court's instance, and pursuant to Second Amended General Order 20-0012, the status hearing set for 4/28/2020 is vacated and reset to 6/18/2020 at 9:30 AM. By 5/28/2020, the parties are to file a further joint status report regarding the progress of discovery, as well as any other matter that any party wishes to bring to the Court's attention. Court expects them to make substantial progress with discovery prior to that time. This filing deadline is not affected by Second Amended General Order 20-0012, and it will not be affected by any similar general order entered hereafter. (mk) |
| Filing 19 STATUS Report - Joint by Canyon NH, LLC, Canyon Z, LLC (Finger, Kevin) |
| Filing 18 MINUTE entry before the Honorable Matthew F. Kennelly: The parties failed to file a joint status report by 4/21/2020, as ordered by the Court on 3/24/2020 (dkt. no. 16). They are directed to comply with the Court's 3/24/2020 order by no later than the close of business on 4/23/2020. (mk) |
|
Filing 17
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. (docket13, )
|
| Filing 16 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, and pursuant to General Order 20-0012, as amended, the status hearing set for 3/31/2020 is vacated and reset to 4/28/2020 at 9:15 AM. By no later than 4/21/2020, the parties are to file a joint status report describing in detail: (1) the status of discovery, including what has been done to date and what remains to be done; (2) the status of any discussions regarding settlement; and (3) any other matters the parties wish to bring to the Court's attention. This deadline will not be affected by General Order 20-0012 or any other similar general order hereafter entered. (mk) |
|
Filing 15
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, )
|
| Filing 14 ATTORNEY Appearance for Plaintiffs Canyon NH, LLC, Canyon Z, LLC by Danny Duerdoth (Duerdoth, Danny) |
| Filing 13 ANSWER to amended complaint AND AFFIRMATIVE DEFENSES by Dov Jacobs, PNW Healthcare Management, LLC(Klein, Mayer) |
| Filing 12 MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 1/29/2020. Attorney Mayer Klein's motion to appear pro hac vice #11 is granted. Defendant's answer to the amended complaint is due 2/10/2020. Rule 26(a)(1) disclosures are due 2/10/2020. Written discovery is to be completed by 6/30/2020. Deadline for filing an amended complaint and adding parties is 8/31/2020. Fact discovery is due 10/31/2020. Telephone status hearing, to be initiated by the parties, is set for 3/31/2020 at 9:00 a.m. Mailed notice. (mma, ) |
| Filing 11 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16662557. (Klein, Mayer) |
| Filing 10 MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 1/29/2020 is converted to a telephone status hearing at the time previously set. Counsel are to use the following call-in number: 888-684-8852, conference code 746-1053. Counsel should be on the line at the time their status hearing is set to begin but should wait for their case to be called before identifying themselves, because attorneys in other cases will be calling into the same call-in number for statuses in their cases. Mailed notice. (mma, ) |
| Filing 9 AMENDED complaint by Canyon Z, LLC, Canyon NH, LLC against Dov Jacobs, PNW Healthcare Management, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Certificate of Service)(Finger, Kevin) |
| Filing 8 ATTORNEY Appearance for Defendants Dov Jacobs, PNW Healthcare Management, LLC by Steven M. Hamburg (Hamburg, Steven) |
| Filing 7 ANSWER to Complaint by Dov Jacobs, PNW Healthcare Management, LLC(Hamburg, Steven) |
| Filing 6 Entry of Appearance regarding ANSWER to Complaint by Dov Jacobs, PNW Healthcare Management, LLC(Hamburg, Steven) |
| Filing 5 MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 1/29/2020 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant who has not yet appeared by counsel in the same manner that summons has been or is being served on each defendant. (mk) |
| Filing 4 MINUTE entry before the Honorable Matthew F. Kennelly: The complaint in this case, which hwsa filed in federal court based on alleged diversity of citizenship, does not adequately allege the citizenship of any of the parties. The citizenship of an LLC (both plaintiffs and one of the defendants) is that of each of its members and must be traced all the way through any members that are themselves entities. See Mutual Assignment & Indemnification Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). And with respect to the individual defendant, the complaint alleges only his state of residence, not his state of citizenship; the two are not necessarily the same. Plaintiff is given to 1/21/2020 to file an amended complaint that cures these defects. If plaintiff fails to do so, the Court will dismiss the case for lack of subject matter jurisdiction. (mk) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Canyon NH, LLC, Canyon Z, LLC by Kevin D. Finger (Finger, Kevin) |
| SUMMONS Issued as to Defendants Dov Jacobs(two separate addresses), PNW Healthcare Management, LLC (pj, ) |
| Filing 2 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CANYON NH, LLC, CANYON Z, LLC (Finger, Kevin) |
| Filing 1 COMPLAINT filed by CANYON Z, LLC, CANYON NH, LLC; Yes. Filing fee $ 400, receipt number 0752-16522477. (Attachments: #1 Civil Cover Sheet)(Finger, Kevin) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (daj, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
