3 Squares, LLC et al v. The Cincinnati Insurance Company
| Yusho LLC, 3 Squares, LLC, 3 Squares, LLC doing business as 3 Squares Diner and Yusho LLC doing business as Jam Restaurant |
| The Cincinnati Insurance Company |
| 1:2020cv02690 |
| May 4, 2020 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Contract: Insurance |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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| Filing 72 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #69 ; USCA Case No. 21-2880 (bg, ) |
| Filing 71 TRANSMITTED to the 7th Circuit the short record on notice of appeal #69 . Notified counsel (bg, ) |
| Filing 70 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #69 (bg, ) |
| Filing 69 NOTICE of appeal by 3 Squares, LLC, Yusho LLC regarding orders #67 Filing fee $ 505, receipt number 0752-18767084. Receipt number: n (Neiman, David) |
| Filing 68 ENTERED JUDGMENT. (mjc, ) |
Filing 67
ORDER Signed by the Honorable Joan B. Gottschall on 9/23/2021. Mailed notice(mjc, )
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| Filing 66 MINUTE entry before the Honorable Joan B. Gottschall: Enter order granting defendant's motion (No. #23 ) to dismiss the complaint. In light of the court's ruling, the parties should inform the court whether they still wish to have a status hearing. Civil case terminated. Mailed notice (mjc, ) |
| Filing 65 MOTION by Plaintiffs 3 Squares, LLC, Yusho LLC for hearing on status (Neiman, David) |
| Filing 64 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's eighth motion (No. #63 ) for leave to supplement pleading with additional authority is granted. Plaintiffs oppose the motion for the reasons given in their prior legal memoranda (Nos. #43 , #48 , and #56 ). The additional authority cited by defendants (No. #63 ) will be considered along with the arguments made in plaintiffs' memoranda. Mailed notice (mjc, ) |
| Filing 63 MOTION by Defendant The Cincinnati Insurance Company to supplement pleading with additional authority (Opposed) (Eighth) (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, #14 Exhibit N)(Baniak, Michael) |
| Filing 62 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's seventh opposed motion (No. #61 ) for leave to file supplemental authority is granted. Plaintiffs may file a concise memorandum of law regarding the cases cited in defendant's motion on or before July 19, 2021. Mailed notice (mjc, ) |
| Filing 61 MOTION by Defendant The Cincinnati Insurance Company to supplement pleading with additional authority (Opposed) (Seventh) (Attachments: #1 Exhibit A - Oral Surgeons v Cincinnati, #2 Exhibit B - Riverside Dental v Cincinnati, #3 Exhibit C - Chelsea Ventures v Cincinnati, #4 Exhibit D - Dino Drop v Cincinnati, #5 Exhibit E - Image Dental v Citizens (ND Ill), #6 Exhibit F - Estes v Cincinnati, #7 Exhibit G - Brown Jug v Cincinnati, #8 Exhibit H - MMMMM DP v Cincinnati, #9 Exhibit I - Assoc. in Periodontics v Cincinnati, #10 Exhibit J - Georgetown Dental v Cincinnati, #11 Exhibit K - Seoul Taco v Cincinnati, #12 Exhibit L - Source One (Cook Cty), #13 Exhibit M - Fran Napleton (Cook Cty))(Reid, Brian) |
| Filing 60 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' third unopposed motion (No. #59 ) for leave to file supplemental authority is granted. Mailed notice (mjc, ) |
| Filing 59 MOTION by Plaintiffs 3 Squares, LLC, Yusho LLC to supplement Pleadings with Additional Authority (Unopposed) (Third) (Attachments: #1 Exhibit A)(Neiman, David) |
| Filing 58 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's sixth unopposed motion (No. #57 ) for leave to file supplemental authority is granted. Mailed notice (mjc, ) |
| Filing 57 MOTION by Defendant The Cincinnati Insurance Company to supplement pleading with additional authority (Unopposed) (Sixth) (Attachments: #1 Exhibit A - Dukes Clothing v Cincinnati, #2 Exhibit B - L&J Mattson's v Cincinnati, #3 Exhibit C - Rye Ridge v Cincinnati, #4 Exhibit D - Woolworth v Cincinnati, #5 Exhibit E - Ilios Production v Cincinnati)(Reid, Brian) |
| Filing 56 RESPONSE by Plaintiffs 3 Squares, LLC, Yusho LLC to Defendant's Fifth Motion to Supplement Pleading with Additional Authority (Neiman, David) |
| Filing 55 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's fifth opposed motion (No. #54 ) for leave to file supplemental authority is granted. Plaintiffs may file a concise memorandum of law regarding the cases cited in defendant's motion on or before April 13, 2021. Mailed notice (mjc, ) |
| Filing 54 MOTION by Defendant The Cincinnati Insurance Company to supplement pleading with additional authority (Opposed) (Fifth) (Attachments: #1 Exhibit A, #2 Exhibit B)(Baniak, Michael) |
| Filing 53 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' second unopposed motion (No. #51 ) for leave to file supplemental authority and defendant's fourth unopposed motion (No. #52 ) for leave to file supplemental authority are granted. Mailed notice (mjc, ) |
| Filing 52 MOTION by Defendant The Cincinnati Insurance Company to supplement Pleading with Additional Authority #23 (Fourth)(Unopposed) (Attachments: #1 Exhibit A - Steve Foley Cadillac, #2 Exhibit B - Crescent Plaza Hotel, #3 Exhibit C - Family Tacos, #4 Exhibit D - Cajun Conti trial order, #5 Exhibit E - Vandelay Hospitality)(Reid, Brian) |
| Filing 51 MOTION by Plaintiffs 3 Squares, LLC, Yusho LLC to supplement Pleadings with Additional Authority (Unopposed) (Attachments: #1 Exhibit A, #2 Exhibit B)(Neiman, David) |
| Filing 50 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Sarah E. King's motion (No. #49 ) to withdraw her appearance for plaintiffs is granted. Mailed notice (mjc, ) |
| Filing 49 MOTION by Attorney Sarah E. King to withdraw as attorney for 3 Squares, LLC, Yusho LLC. No party information provided (King, Sarah) |
| Filing 48 RESPONSE by Plaintiffs 3 Squares, LLC, Yusho LLC to defendant's third motion to supplement pleading with additional authority (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Neiman, David) |
| Filing 47 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's third opposed motion (No. #46 ) for leave to file supplemental authority is granted. Plaintiffs may file a concise memorandum of law regarding the cases cited in defendant's motion on or before February 5, 2021, after which the court intends to rule promptly.Mailed notice (mjc, ) |
| Filing 46 MOTION by Defendant The Cincinnati Insurance Company to supplement Pleading with Additional Authority #23 (Third)(Opposed) (Attachments: #1 Exhibit A - Bend Hotel (ND Ill), #2 Exhibit B - TJBC (SD Ill), #3 Exhibit C - Riverside Dental (ND Ill), #4 Exhibit D - Webb Dental (ND Fla), #5 Exhibit E - Mena Catering (SD Fla), #6 Exhibit F - Sandy Point (ND Ill), #7 Exhibit G - K D Unlimited (ND Ga), #8 Exhibit H - Bluegrass LLC (SD WVa), #9 Exhibit I - Steiner Steakhouse (WD Tex), #10 Exhibit J - Drama Camp (SD Ala), #11 Exhibit K - Tappo of Buffalo (WD NY), #12 Exhibit L - Santo's Cafe (ND Ohio), #13 Exhibit M - NewChops Rest. (ED PA), #14 Exhibit N - Kirsch DDS (ED Mich), #15 Exhibit O - Terry Black's (WD Tex), #16 Exhibit P - Michael Cetta (SD NY))(Reid, Brian) |
| Filing 45 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's second unopposed motion (No. #44 ) for leave to file supplemental authority is granted.Mailed notice (mjc, ) |
| Filing 44 MOTION by Defendant The Cincinnati Insurance Company to supplement Pleading with Additional Authority #23 (Attachments: #1 Exhibit A - Promotional Headware v Cincinnati, #2 Exhibit B - 4431, Inc. v Cincinnati, #3 Exhibit C - Zwillo v Lexington, #4 Exhibit D - Whiskey River v Illinois Cas, #5 Exhibit E - Toppers v Travelers)(Reid, Brian) |
| Filing 43 RESPONSE by Plaintiffs 3 Squares, LLC, Yusho LLC to defendant's notice of supplemental authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Neiman, David) |
| Filing 42 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs' motion (No. #41 ) for leave to file a supplemental memorandum of law in response to defendant's notice (No. #37 ) of supplemental authority is granted. Plaintiffs are directed to file their memorandum of law as a separate docket entry. Counsel are reminded that the first page of every motion must state clearly whether the motion is opposed. See Judge Gottschall's web page on the court's official website for procedures in effect during the COVID-19 pandemic.Mailed notice (mjc, ) |
| Filing 41 MOTION by Plaintiffs 3 Squares, LLC, Yusho LLC for leave to file memorandum in response to defendant's notice of supplemental authority (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Neiman, David) |
| Filing 40 SUPPLEMENT to reply #34 Table of Authorities (Baniak, Michael) |
| Filing 39 SUPPLEMENT to reply #34 Table of Contents (Baniak, Michael) |
| Filing 38 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's motion (No. #35 ) for leave to file supplemental authority is granted. Mailed notice (mjc, ) |
| Filing 37 NOTICE of Correction regarding #36 . (mjc, ) |
| Filing 36 DOCUMENT ENTERED IN ERROR. (mjc, ) |
| Filing 35 MOTION by Defendant The Cincinnati Insurance Company to supplement pleading with additional authority (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Baniak, Michael) |
| Filing 34 REPLY by Defendant The Cincinnati Insurance Company to Motion to Dismiss for Failure to State a Claim #23 (Attachments: #1 Exhibit G, #2 Exhibit H, #3 Exhibit Corrected Exhibit D)(Baniak, Michael) |
| Filing 33 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Cincinnati Insurance Company (Reid, Brian) |
| Filing 32 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's unopposed motion (No. #31 ) for extension of briefing schedule and for leave to file reply brief in excess of the Local Rule 7.1 15-page limit is granted. Defendant's deadline to file a reply, consisting of no more than 20 pages, in support of its motion (No. #23 ) to dismiss is extended to and including 11/10/2020. Mailed notice (mjc, ) |
| Filing 31 MOTION by Defendant The Cincinnati Insurance Company(UNOPPOSED) MOTION TO EXTEND BRIEFING SCHEDULE AND LEAVE TO FILE REPLY BRIEF IN EXCESS OF PAGE REQUIREMENTS (Baniak, Michael) |
| Filing 30 MINUTE entry before the Honorable Joan B. Gottschall: On October 13, 2020, plaintiffs filed a 29-page (exclusive of table of contents and table of authorities) memorandum in response to defendant's motion to dismiss the complaint and a separate motion for leave to exceed the 15-page limit set by Local Rule 7.1 of this court. Defendant filed a written response to the motion for leave (No. #29 ) in which it asks the court to order plaintiffs to file an amended memorandum consisting of no more than 20 pages, as one of defendant's lawyers proposed to plaintiffs' counsel. Defendant offers no reason for imposing what appears to be an arbitrary 20-page limit, and it points to nothing specific in plaintiffs' memorandum that could be shortened nor does defendant identify any specific prejudice it will suffer beyond having to respond to plaintiffs' arguments. In this court's experience, concision in legal briefs is a virtue; counsel should make every effort to keep memoranda short and to the point. Counsel also should not assume that motions for leave to exceed the page limit will be granted. See, e.g., McCurry v. Kenco Logistics Servs., LLC, 942 F.3d 783, 787 (7th Cir. 2019). When possible, a motion for leave to file an oversized brief should be filed long enough in advance of a deadline to allow time for revisions if the motion is denied. See United States v. Devine, 768 F.2d 210, 211 (7th Cir. 1985). All that said, the court has reviewed plaintiffs' memorandum (No. #28 ), and as plaintiffs argue, the complexity of the issues raised by defendant's motion to dismiss justifies the memorandum's length. Plaintiffs' motion (No. #27 ) for leave to exceed the Local Rule 7.1 page limit is granted and plaintiffs' memorandum (No. #28 ) is deemed filed with leave of court. Mailed notice (mjc, ) |
| Filing 29 RESPONSE by The Cincinnati Insurance Companyin Opposition to MOTION by Plaintiffs 3 Squares, LLC, Yusho LLC for leave to file excess pages #27 (Reid, Brian) |
| Filing 28 RESPONSE by 3 Squares, LLC, Yusho LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The Cincinnati Insurance Company #23 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Neiman, David) |
| Filing 27 MOTION by Plaintiffs 3 Squares, LLC, Yusho LLC for leave to file excess pages (Attachments: #1 Notice of Filing)(Neiman, David) |
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Filing 26
ORDER Denying Transfer from the MDL Panel (bg, )
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| Filing 25 MINUTE entry before the Honorable Joan B. Gottschall: Defendant's motion to dismiss #23 is briefed as follows: response due 10/13/20; reply due 10/27/20. The status report deadline of 9/21/20 is stricken. Mailed notice (mjc, ) |
| Filing 24 MEMORANDUM by The Cincinnati Insurance Company in support of Motion to Dismiss for Failure to State a Claim #23 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Baniak, Michael) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant The Cincinnati Insurance Company (Baniak, Michael) |
| Filing 22 Notice of Hearing Session by Multidistrict Litigation Panel (bg, ) |
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Filing 21
ORDER Denying Transfer and directing issuance of show cause orders from the MDL Panel. (nsf, )
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| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: In their joint status report #19 filed 8/7/2020, the parties report that the deadline to answer or otherwise respond to the complaint is 9/14/2020, and defendants are considering filing a Fed. R. Civ. P. 12(b)(6) motion. If no such motion has been filed by 9/21/2020, a status report proposing a discovery plan is due on that date. In this regard, the parties are reminded that the court must make a class certification decision "at an early practicable time." Fed. R. Civ. P. 23(c)(1)(A). As a result, discovery relevant to class certification ordinarily precedes merits discovery. Mailed notice (mjc, ) |
| Filing 19 STATUS Report by 3 Squares, LLC (Neiman, David) |
| Filing 18 ATTORNEY Appearance for Defendant The Cincinnati Insurance Company by Michael Paul Baniak (Baniak, Michael) |
| Filing 17 ATTORNEY Appearance for Defendant The Cincinnati Insurance Company by Brian M Reid (Reid, Brian) |
| Filing 16 ATTORNEY Appearance for Plaintiffs 3 Squares, LLC, Yusho LLC by Gina A. DeBoni (DeBoni, Gina) |
| Filing 15 WAIVER OF SERVICE returned executed by 3 Squares, LLC, Yusho LLC. All Defendants. (King, Sarah) |
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Filing 14
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. (Clerk9, Docket)
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| Filing 13 MINUTE entry before the Honorable Joan B. Gottschall: In their initial status report #12 , plaintiffs represent that the summons and complaint were served on May 19, 2020, but no attorney has filed a notice of appearance for defendant. Plaintiffs tell the court nothing else about the case, and they do not propose any next steps. Either a status report or a motion for entry of default must be filed on or before 8/7/2020. If plaintiffs intend to move for entry of default, they are reminded that service must be established by affidavit or declaration. See Fed. R. Civ. P. 4(l(1). Also, prior to filing any motion for entry of default, counsel must contact the courtroom deputy at (312) 435-5641 to arrange a date for a hearing to be conducted by teleconference. If a status report is filed, it must propose a plan for moving this case forward in the ensuing 45-60 days. Mailed notice (mjc, ) |
| Filing 12 STATUS Report by 3 Squares, LLC, Yusho LLC (Neiman, David) |
| Filing 11 ATTORNEY Appearance for Plaintiffs 3 Squares, LLC, Yusho LLC by Sarah Erica King (King, Sarah) |
| Filing 10 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Jeremy Tor's motion to appear pro hac vice #6 on behalf of the plaintiffs is granted. Attorney Dennis Lansdowne's motion to appear pro hac vice #7 on behalf of the plaintiffs is granted. Attorney Nicholas DiCello's motion to appear pro hac vice #8 on behalf of the plaintiffs is granted. Attorney Stuart Scott's motion to appear pro hac vice #9 on behalf of the plaintiffs is granted. Mailed notice (mjc, ) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17110284. (Scott, Stuart) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17109323. (DiCello, Nicholas) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17109239. (Lansdowne, Dennis) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17109165. (Tor, Jeremy) |
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Filing 5
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. (docket11, )
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Filing 4
ORDER: An initial status report and, if appropriate, case management plan is due on or before July 6, 2020. The parties are directed to consult Judge Gottschall's website for specific requirements for all written status reports and for the discovery plans. In conformity with Third Amended General Order 20-12 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 5/6/2020. Mailed notice(mjc, )
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| SUMMONS Issued as to Defendant The Cincinnati Insurance Company. (ng, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs 3 Squares, LLC, Yusho LLC by Antonio Maurizio Romanucci (Romanucci, Antonio) |
| Filing 1 COMPLAINT filed by 3 Squares, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-16985668. (Attachments: #1 Exhibit Insurance Policy 1, #2 Exhibit Insurance Policy 2, #3 Exhibit Attorney Appearance, #4 Civil Cover Sheet Civil Cover Sheet)(Neiman, David) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (acm, ) |
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