LKQ Corporation et al v. General Motors Company et al
| KEYSTONE AUTOMOTIVE INDUSTRIES INC. |
| General Motors Company |
| LKQ Corporation |
| GM Global Technology Operations, LLC and General Motors LLC |
| 1:2020cv02753 |
| May 6, 2020 |
| US District Court for the Northern District of Illinois |
| Jeffrey Cole |
| Thomas M Durkin |
| Patent |
| 28 U.S.C. § 2201 |
| Both |
Docket Report
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This docket was last retrieved on October 25, 2022. A more recent docket listing may be available from PACER.
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Filing 195
MINUTE entry before the Honorable Jeffrey Cole: As LKQ Coporation has withdrawn its motion to compel, the motion Dkt. #187 is stricken. Mailed notice (yt)
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Filing 194
Notice of Withdrawal of its Motion to Compel by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Bregenzer, Michael)
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Filing 193
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to seal #191 Declaration of Michael P. Bregenzer in support of #187 , #188 (Unopposed) (Irwin, Barry)
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Filing 192
DECLARATION of Michael P. Bregenzer regarding motion to compel #187 , memorandum in support of motion #188 (Public Redacted) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (redacted), #4 Exhibit D (redacted), #5 Exhibit E, #6 Exhibit F (redacted), #7 Exhibit G (redacted), #8 Exhibit H (redacted), #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L (redacted))(Irwin, Barry)
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Filing 191
SEALED DOCUMENT by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation Declaration of Michael P. Bregenzer in support of #187 , #188 (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)(Irwin, Barry)
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Filing 190
MEMORANDUM OPINION AND ORDER: Signed by the Honorable Jeffrey Cole on 11/19/21. Mailed notice (yt)
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Filing 189
MINUTE entry before the Honorable Jeffrey Cole: For the reasons set forth in the accompanying Memorandum Opinion and Order, the plaintiff's motion to compel GM to prepare and provide a witness for an additional Rule 30(b)(6) deposition [Dkt. #171] is granted in part and denied in part. ENTER MEMORANDUM OPINION AND ORDER. Mailed notice (yt)
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Filing 188
MEMORANDUM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in support of motion to compel #187 Responses to LKQ's Requests for Production And For GM to Produce a Properly Prepared Rule 30(b)(6) Designee (Irwin, Barry)
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Filing 187
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to compel Responses to LKQ's Requests for Production And For GM to Produce a Properly Prepared Rule 30(B)(6) Designee (Irwin, Barry)
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Filing 186
MINUTE entry before the Honorable Jeffrey Cole: Plaintiff's Unopposed Motion To Seal #185 , to which GM has consented [185 at 2] is granted. Mailed notice (yt)
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Filing 185
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to seal (Irwin, Barry)
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Filing 184
DECLARATION of Michael P. Bregenzer regarding reply #182 in Support of LKQ's Motion for Leave to Take An Additional 30(b)(6) Deposition (Public, Exhibits Redacted) (Attachments: #1 Exhibit A (Redacted), #2 Exhibit B (Redacted), #3 Exhibit C, #4 Exhibit D (Redacted), #5 Exhibit E (Redacted), #6 Exhibit F, #7 Exhibit G (Redacted), #8 Exhibit H (Redacted), #9 Exhibit I)(Irwin, Barry)
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Filing 183
SEALED DOCUMENT by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation Declaration of Michael P. Bregenzer in Support of #182 LKQ's Reply in Support of its Motion for Leave to Take an Additional 30(b)(6) Deposition (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)(Irwin, Barry)
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Filing 182
REPLY by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to motion to take deposition #171 of GM (30(b)(6)) (Irwin, Barry)
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Filing 181
REPLY by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to motion for leave to file #160 (Irwin, Barry)
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Filing 180
MINUTE entry before the Honorable Jeffrey Cole: Defendants have filed a Motion To Seal Document Exhibits #179 . Plaintiffs have emailed my courtroom deputy, Yulonda Thomas, stating that they have no objections. Accordingly, Defendants Motion To Seal #179 is granted. Mailed notice (yt)
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Filing 179
MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to seal document exhibit, #175 Exhibits C, K, S and T to the Declaration of Conrad A. Gosen (Gosen, Conrad)
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Filing 178
DECLARATION of Angela Caligiuri regarding response in opposition to motion, #176 (Gosen, Conrad)
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Filing 177
DECLARATION of Conrad A. Gosen regarding response in opposition to motion, #176 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - REDACTED, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K - REDACTED, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S - REDACTED, #20 Exhibit T - REDACTED, #21 Exhibit U)(Gosen, Conrad)
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Filing 176
RESPONSE by GM Global Technology Operations, LLC, General Motors Company, General Motors LLCin Opposition to MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to take deposition of Additional 30(b)(6) of GM #171 (Gosen, Conrad)
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Filing 175
SEALED EXHIBIT by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC Exhibits C, K, S and T to the Declaration of Conrad A. Gosen regarding MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to take deposition of Additional 30(b)(6) of GM #171 (Attachments: #1 Exhibit K, #2 Exhibit S, #3 Exhibit T)(Gosen, Conrad)
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Filing 174
MINUTE entry before the Honorable Jeffrey Cole:GM's response to plaintiff's motion to take one additional 30(b)(6) deposition is due 11/8/21. Reply brief due 11/10/21. Mailed notice (yt)
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Filing 173
DECLARATION of Michael P. Bregenzer regarding motion to take deposition #171 of GM (30(b)(6)) (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)(Irwin, Barry)
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Filing 172
MEMORANDUM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in support of motion to take deposition #171 of GM (30(b)(6)) (Irwin, Barry)
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Filing 171
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to take deposition of Additional 30(b)(6) of GM (Irwin, Barry)
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Filing 170
DECLARATION of Brianna L. Chamberlin regarding response in opposition to motion, #169 (Attachments: #1 Exhibit A)(Chamberlin, Brianna)
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Filing 169
RESPONSE by GM Global Technology Operations, LLC, General Motors Company, General Motors LLCin Opposition to MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for leave to file Supplemented Invalidity Contentions #160 (Chamberlin, Brianna)
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Filing 168
ATTORNEY Appearance for Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation by Nicholas Karttunen Wheeler (Wheeler, Nicholas)
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Filing 167
MINUTE entry before the Honorable Jeffrey Cole: On the Court's initiative, the telephone status conference set for 12/2/21, is RESCHEDULED to 12/6/21 at 10:00am CST. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Counsel should contact the Court should any difficulties arise during depositions. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 166
ORDER: Signed by the Honorable Jeffrey Cole on 10/21/21. Mailed notice (yt)
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Filing 165
MINUTE entry before the Honorable Jeffrey Cole: Unopposed Motion To Amend The Court's Protective Order #163 is granted. ENTER ORDER. Mailed notice (yt)
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Filing 164
MINUTE entry before the Honorable Jeffrey Cole: The telephone status conference set for 12/2/21 at 9:00am, is RESCHEDULED to 9:30am CST, (THIS IS A TIME CHANGE ONLY). Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (yt)
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Filing 163
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to amend/correct protective order #63 (unopposed/joint) (Attachments: #1 Exhibit A)(Irwin, Barry)
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Filing 162
DECLARATION of Robyn M. Bowland regarding motion for leave to file #160 Supplemented Invalidity Contentions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Irwin, Barry)
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Filing 161
MEMORANDUM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in support of motion for leave to file #160 Supplemented Invalidity Contentions (Irwin, Barry)
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Filing 160
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for leave to file Supplemented Invalidity Contentions (Irwin, Barry)
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Filing 159
MINUTE entry before the Honorable Jeffrey Cole: In light of the Amended Joint Motion To Extend Certain Case Deadlines #158 , the previous Joint Motion To Extend Certain Case Deadlines #156 is stricken as unnecessary and is superseded by #158 . The Amended Joint Motion To Extend Certain Case Deadlines #158 is granted. The schedule is as follows: Service of opening expert reports by 2/2/22; Service of rebuttal expert reports by 3/9/22; Completion of expert discovery by 4/20/22; Dispositive motions for issues other than damages & willfulness by 5/18/22; Deadline for a party to determine if it will rely on an advice of counsel defense to a charge of willful infringement, and if so, to produce any discovery previously withheld as privileged that is related to any such defense by One week after issuance of a dispositive motion order; Service of opening expert reports on damages and willfulness by 8/18/22*; Service of rebuttal expert reports by 9/29/22; Close of expert discovery by 10/27/22. THIS IS THE FINAL EXTENSION.Mailed notice (yt)
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Filing 158
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to amend/correct MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for extension of time on certain case deadlines (JOINT) #156 (Irwin, Barry)
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Filing 157
LKQ's ANSWER to counterclaim from GM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation(Irwin, Barry)
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Filing 156
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for extension of time on certain case deadlines (JOINT) (Irwin, Barry)
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Filing 155
DECLARATION of Joseph A. Herriges regarding memorandum opinion and order #146 (Attachments: #1 Exhibit A)(Herriges, Joseph)
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Filing 154
MINUTE entry before the Honorable Jeffrey Cole: Nothing in the Order of 9/23/21 #153 should be taken as suggesting that either party does not have to comply with prior discovery orders in accord with the timetable set in those Orders namely October 1st. Mailed notice (yt)
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Filing 153
MINUTE entry before the Honorable Jeffrey Cole: Plaintiff has filed a "renewed" motion to extend the October 1st discovery deadline another two months to December 1, 2021. [Dkt. #150]. The motion renews the plaintiff's request for a two-month extension made on August 6, 2021 [Dkt. #114, at 2], along with several other requests for discovery rulings and associated filings made that same day, [Dkt. #111, 112, 113, 114, 115, 116], which were denied on September 9, 2021. [Dkt. #142]. To the extent the plaintiff is hinting that the timing of the Order with three weeks remaining for fact discovery is in some way attributable to the court it is mistaken. The plaintiff is reminded that it, along with GM, had hoped for a far more leisurely briefing schedule than the court set one which would have given the court no chance to rule before the October 1st deadline. [Dkt. #114]. In any event, plaintiff now claims that the court should revisit its two-week old ruling because circumstances have changed. But, in fact, they remain much the same as they were when plaintiff filed its motions. Plaintiff still needlessly delayed the beginning of discovery [Dkt. #142, at 9-10]; discovery still is not completed; and GM is seemingly and needlessly delaying the end of discovery, as it has not yet fully complied with the court's Orders, which, obviously, it has to do by the discovery deadline of October 1, 2021. Discovery schedules count. "We live in a world of deadlines.... The practice of law is no exception." Raymond v. Ameritech Corp., 442 F.3d 600 (7th Cir.2006). "Lawyers and litigants who decide to play by rules of their own invention will find that the game cannot be won." United States v. Golden Elevator, Inc., 27 F.3d 301, 302 (7th Cir.1994). The parties' seeming failure to efficiently supervise their own efforts in discovery is dismaying. Judge Durkin, of course, did not intend that this (or any other referral for discovery supervision) entail, what in effect, is in-person supervision by the court. That is neither desirable nor possible. He quite properly expected supervision by the court and compliance with court Orders and schedules. Indeed, judges' failures to properly monitor discovery is a source of constant criticism. It is deemed to be the source of increased costs of litigation and accounts for much of the abuses by plaintiffs' and defendants' lawyers, alike. See, e.g., Malautea v. Suzuki Motor Co. Ltd., 987 F.2d 1536 (11th Cir. 1993)(Roney, J., concurring); Miller UK Ltd v. Caterpillar, Inc., 17 F.Supp.3d 711, 721-22 (N.D.Ill. 2014). See also Victor Marrero, The Costs of Rules, The Rule of Costs, 37 Cardozo L.Rev. 1599 (2016); Frank H. Easterbrook, Discovery as Abuse, 69 B.U.L.Rev. 635, 639 (1989). Cf. Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007); Swanson v. Citibank, N.A., 614 F.3d 400, 411412 (7th Cir.2010); Continental Insurance. Co. v. Chase Manhattan Mortgage Corp., 59 Fed.Appx. 830, 840 (7th Cir.2003). Having said this, the plaintiff's renewed motion for a two-month extension to December 1, 2021 [Dkt. #150] is granted. However, the parties should be under no illusions: This Date is FINAL, and THERE WILL BE NO FURTHER EXTENSIONS. A telephonic status is set for December 2, 2021 at 9:00 a.m. The telephonic call in number is 888-684-8852 and the access code is 5618926. Mailed notice (ma,)
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Filing 152
DECLARATION of Michael P. Bregenzer regarding motion for extension of time to complete discovery #150 , memorandum in support of motion #151 (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)(Irwin, Barry)
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Filing 151
MEMORANDUM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in support of motion for extension of time to complete discovery #150 (Irwin, Barry)
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Filing 150
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for extension of time to complete discovery (Irwin, Barry)
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Filing 149
MINUTE entry before the Honorable Thomas M. Durkin: In a first for this Court, the parties spend 21 pages arguing about whether plaintiff can withdraw a motion it filed to dismiss counterclaims filed by the defendant without prejudice. Since that motion to dismiss has not yet been decided by the Court, the motion to withdraw #136 is granted without prejudice and plaintiff should file its answer to the counterclaims by 10/4/2021. If the answer or affirmative defenses interferes with the discovery schedule already set, the matter should be taken up with the Magistrate Judge supervising discovery. Mailed notice. (ecw, )
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Filing 148
ENTERED in Error (ecw, ) Modified on 9/20/2021 (ecw, ).
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Filing 147
DECLARATION of Timothy Gorbatoff regarding memorandum opinion and order #146 (Herriges, Joseph)
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Filing 146
MEMORANDUM OPINION AND ORDER: Signed by the Honorable Jeffrey Cole on 9/10/21. Mailed notice (yt)
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Filing 145
MINUTE entry before the Honorable Jeffrey Cole: For the reasons set forth in the accompanying Memorandum Opinion and Order, the plaintiff's Motion to Compel #111 is granted in part and denied in part. ENTER MEMORANDUM OPINION AND ORDER. Mailed notice (yt)
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Filing 144
MEMORANDUM OPINION AND ORDER: Signed by the Honorable Jeffrey Cole on 9/9/21. Mailed notice (yt)
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Filing 143
MINUTE entry before the Honorable Jeffrey Cole: For the reasons set forth in the accompanying Memorandum Opinion and Order, General Motors' Motion to Compel [Dkt. #106, 107] is denied. ENTER MEMORANDUM OPINION AND ORDER. Mailed notice (yt)
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Filing 142
MEMORANDUM OPINION AND ORDER: Signed by the Honorable Jeffrey Cole on 9/9/21. Mailed notice (yt)
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Filing 141
MINUTE entry before the Honorable Jeffrey Cole: Telephone status conference held on 9/9/21. In response to the Court's questions, counsel said a number of depositions had been scheduled, but there were a number of problems that the parties had not resolved and that may require further consideration by the Court. I promised counsel that their pending motions would be decided quite soon. The next telephone status conference is set for 9/30/21 at 10:00am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 140
REPLY by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to motion to withdraw #136 , response in opposition to motion, #138 in Support of LKQ's Motion to Withdraw its Motion to Dismiss (Irwin, Barry)
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Filing 139
DECLARATION of Joseph A. Herriges regarding response in opposition to motion, #138 (Attachments: #1 Exhibit A)(Herriges, Joseph)
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Filing 138
RESPONSE by GM Global Technology Operations, LLC, General Motors Company, General Motors LLCin Opposition to MOTION by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to withdraw memorandum in support of motion, #38 , Motion to Dismiss for Failure to State a Claim, #37 #136 (Herriges, Joseph)
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Filing 137
MINUTE entry before the Honorable Jeffrey Cole: That portion of the plaintiff's motion #114 to compel live depositions and that the deposition be conducted in person is denied. An opinion regarding this aspect of the motion and other aspects of the motion will follow. Mailed notice (yt)
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Filing 136
MOTION by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to withdraw memorandum in support of motion, #38 , Motion to Dismiss for Failure to State a Claim, #37 (Irwin, Barry)
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Filing 135
MINUTE entry before the Honorable Jeffrey Cole: The next telephone status conference set for 9/2/21 is RESCHEDULED to 9/9/21 at 11:30am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 134
AMENDED memorandum in support of motion #112 to Compel Responses (Amended Signature Block Only) (Irwin, Barry)
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Filing 133
DECLARATION of Michael P. Bregenzer regarding reply to response to motion #132 to Compel Responses to LKQ's Requests for Production and Interrogatories (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Irwin, Barry)
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Filing 132
REPLY by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to response in opposition to motion, #130 to Compel Responses to LKQ's Requests for Production and Interrogatories (Irwin, Barry)
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Filing 131
MINUTE entry before the Honorable Jeffrey Cole: Defendant's motion to file documents under seal #129 is granted. Mailed notice (yt)
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Filing 130
RESPONSE by GM Global Technology Operations, LLC, General Motors Company, General Motors LLCin Opposition to MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to compel Responses to LKQ's Requests for Production and Interrogatories #111 (Attachments: #1 Declaration of Conrad A. Gosen, #2 Exhibit A)(Gosen, Conrad)
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Filing 129
MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to seal document reply, #126 Reply in Support of Motion to Compel Regarding GM's Interrogatory No. 15 and Requests for Production Nos. 52 and 60, and Exhibit A to Declaration of Conrad A. Gosen (Gosen, Conrad)
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Filing 128
DECLARATION of Conrad A. Gosen regarding reply to response to motion, #127 to Compel Regarding GM's Interrogatory No. 15 and Requests for Production Nos. 52 and 60 (Attachments: #1 Exhibit A)(Gosen, Conrad)
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Filing 127
REPLY by GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to memorandum in opposition to motion #120 to Compel Regarding GM's Interrogatory No. 15 and Requests for Production Nos. 52 and 60 (Gosen, Conrad)
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Filing 126
SEALED REPLY by GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to compel regarding GM's Interrogatory No. 15 and Requests for Production Nos. 52 and 60 #107 (Attachments: #1 Exhibit A to Declaration of Conrad A. Gosen)(Gosen, Conrad)
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Filing 125
DECLARATION of Robyn M. Bowland regarding response in support of motion, #124 (Attachments: #1 Exhibit A)(Irwin, Barry)
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Filing 124
RESPONSE by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporationin Support of MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to compel GM to Comply with its Deposition Discovery Obligations #114 (Irwin, Barry)
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Filing 123
DECLARATION of Michael P. Bregenzer regarding memorandum in opposition to motion #120 to Compel Regarding GM's Rogs and RFPs (Attachments: #1 Exhibit A, #2 Exhibit B)(Irwin, Barry)
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Filing 122
DECLARATION of Christopher D. Eggert regarding memorandum in opposition to motion #120 to Compel Regarding GM's Rogs and RFPs (Irwin, Barry)
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Filing 121
DECLARATION of Daniel Wishart regarding memorandum in opposition to motion #120 to Compel Regarding GM's Rogs and RFPs (Irwin, Barry)
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Filing 120
MEMORANDUM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in Opposition to motion to compel #107 Regarding GM's Rogs and RFPs (Irwin, Barry)
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Filing 119
DECLARATION of Conrad A. Gosen regarding response in opposition to motion, #118 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Gosen, Conrad)
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Filing 118
RESPONSE by GM Global Technology Operations, LLC, General Motors Company, General Motors LLCin Opposition to MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to compel GM to Comply with its Deposition Discovery Obligations #114 (Gosen, Conrad)
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Filing 117
MINUTE entry before the Honorable Jeffrey Cole: Defendant's motion to seal #109 is granted. Briefing schedules for the parties' multiple discovery motions are as follows: (1) Plaintiff's response to defendants' motion to compel [Dkt. #106, 107] is due 8/18/21. Reply brief due 8/23/21. (2) Defendant's response to plaintiff's motion to compel depositions [Dkt. #114] is due 8/16/21. Reply brief due 8/20/21. (3) Defendant's response to plaintiff's motion to compel discovery responses [Dkt. #111] is due 8/24/21. Reply brief due 8/31/21. Mailed notice (yt)
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Filing 116
DECLARATION of Michael P. Bregenzer regarding motion to compel #114 , memorandum in support of motion #115 to compel GM to Comply with its Deposition Discovery Obligations (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Irwin, Barry)
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Filing 115
MEMORANDUM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in support of motion to compel #114 GM to Comply with its Deposition Discovery Obligations (Irwin, Barry)
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Filing 114
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to compel GM to Comply with its Deposition Discovery Obligations (Irwin, Barry)
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Filing 113
DECLARATION regarding motion to compel #111 , memorandum in support of motion #112 (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)(Irwin, Barry)
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Filing 112
MEMORANDUM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in support of motion to compel #111 (Irwin, Barry)
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Filing 111
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to compel Responses to LKQ's Requests for Production and Interrogatories (Irwin, Barry)
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Filing 110
Proposed Briefing Schedule by GM Global Technology Operations, LLC, General Motors Company, General Motors LLC with respect to the Defendants' Motion to Compel (Gosen, Conrad)
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Filing 109
MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to seal document SEALED MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to Compel Regarding GM's Interrogatory No. 15 and Requests for Production Nos. 52 and 60 #106 (Gosen, Conrad)
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Filing 108
DECLARATION of Conrad A. Gosen regarding motion to compel #107 (Attachments: #1 Exhibit A (REDACTED), #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)(Gosen, Conrad)
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Filing 107
MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to compel regarding GM's Interrogatory No. 15 and Requests for Production Nos. 52 and 60 (Gosen, Conrad)
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Filing 106
SEALED MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to Compel Regarding GM's Interrogatory No. 15 and Requests for Production Nos. 52 and 60 (Attachments: #1 Exhibit A to Declaration of Conrad A. Gosen)(Gosen, Conrad)
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Filing 105
ATTORNEY Appearance for Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation by Robyn M Bowland (Bowland, Robyn)
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Filing 104
LETTERS OF REQUEST by LKQ Corporation et al: (Attachments: #1 Letters of Request w/Spanish translation #2 Letters of Request w/German Translation)(yt)
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Filing 103
MINUTE entry before the Honorable Jeffrey Cole: I have today issued the appropriate executed copies of Letters of Request for International Judicial Assistance, to entities specified by the plaintiffs and agreed to by the defendants. The form of the Letters of Request were also agreed to by the defendants. ENTER LETTERS OF REQUEST. Mailed notice (yt)
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Filing 102
MINUTE entry before the Honorable Jeffrey Cole: Telephone status conference held on 6/2/21. Fact discovery (including depositions) is set to close by 10/1/21. Expert discovery (including depositions) is set to close by 2/28/22. The plaintiff has asked the court to issue Letters of Request to Central Authorities of Spain, China, and Hessen, Germany, requesting judicial assistance from signatories of the Hague Evidence Convention concerning production of documents and evidence from foreign nonparties, SEAT SA, BYD Auto. Co., and Opel Auto, GmbH. #99 . I have considered the factors itemized in the plaintiff's Memorandum in Support of LKQ's Unopposed Motion for Issuance of Letters of Request. [100 at 2]. See Societe Nationale Industrielle Aerospatiale et al. v. United States District Court for the Southern District of Iowa, 482 U.S. 522, 546 (1987); In re Baycol Products Litigation, 348 F. Supp. 2d 1058, 1059 (D. Minn. 2004). While the defendant does not object to the granting of the motion, some observations are in order. The items are car hoods and grill covers which do not appear very complex in reality. It should be recalled that the applicants for the present requests which, in reality, would appear to involve a good deal of effort are the same parties that previously said they would not or should not have to be involved in ESI because things were not that complicated. The case is about GM allegedly breaching a licensing agreement with LKQ. However, instead of filing a breach of contract claim, LKQ filed a declaration action that GM's patent was invalid. It is contended that plaintiffs need the discovery for invalidity contentions. While number of authorities make uncertain whether there will be any kind of positive response from the nations to whom the requests will be issued, Estate of Thomson ex rel. Estate of Rakestraw v. Toyota Motor Corp., 545 F.3d 357, 366 (6th Cir.2008); Boreri v. Fiat S.p.A., 763 F.2d 17, 19 (1st Cir. 1985); Hefferan v. Ethicon Endo-Surgery, Inc., 2015 WL 2169689, at *5 (S.D. Ohio 2015).; Zamperla, Inc. v. I.E. Park SrL, 2014 WL 12614505, at *5 (M.D. Fla. 2014); Wultz v. Bank of China Ltd., 910 F. Supp. 2d 548, 554 (S.D.N.Y. 2012), the defendant has not objected, and the Motion #99 is granted. Discovery is set to close 10/1/21, and that schedule is not extended by virtue of this Order. The issuing authority will, however, be this court and not Judge Durkin. Accordingly, the Requests should be rewritten for my review and signature and sent to my Proposed Order box. The next telephone status conference is set for 9/2/21 at 9:00am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 101
DECLARATION of Michael P. Bregenzer regarding other #100 , motion for discovery #99 in Support of Plaintiffs' Unopposed Issuance of Letters of Request (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)(Irwin, Barry)
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Filing 100
Memorandum in Support of LKQ's Unopposed Motion for Issuance of Letters of Request by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 99
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for discovery via Unopposed Issuance of Letters of Request (Irwin, Barry)
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Filing 98
DECLARATION of Michael P. Bregenzer (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Irwin, Barry)
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Filing 97
REPLY by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in Support of LKQ's Motion for Leave to Supplement its Initial Invalidity Contentions (Irwin, Barry)
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Filing 96
REPLY by GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to response in opposition to motion, #93 to Amend Infringement Contentions (Attachments: #1 Declaration of Chad Ogden, #2 Declaration of Conrad A. Gosen, #3 Exhibit 1 to Declaration of Conrad A. Gosen, #4 Exhibit 2 to Declaration of Conrad A. Gosen)(Gosen, Conrad)
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Filing 95
DECLARATION of Kent Fyfe in Support of Plaintiffs' Opposition to Defendants' Motion to Amend Infringement Contentions (Irwin, Barry)
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Filing 94
DECLARATION of Michael P. Bregenzer in Support of Plaintiffs' Opposition to Defendants' Motion to Amend Infringement Contentions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Irwin, Barry)
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Filing 93
RESPONSE by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporationin Opposition to MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to Amend Infringement Contentions #88 (Irwin, Barry)
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Filing 92
DECLARATION of Conrad A. Gosen regarding response in opposition to motion, #91 in Support of Defendants' Response to LKQ's Opposed Motion for Leave to Supplement its Initial Invalidity Contentions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gosen, Conrad)
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Filing 91
RESPONSE by GM Global Technology Operations, LLC, General Motors Company, General Motors LLCin Opposition to MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for leave to file Supplemented Invalidity Contentions #84 (Gosen, Conrad)
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Filing 90
MINUTE entry before the Honorable Thomas M. Durkin: The following briefing schedule is entered regarding LKQ's motion for leave to supplement its initial invalidity contentions #84 and GM's motion to amend infringement contentions #88 . GM and LKQ are to file responses to the other side's motion by 5/5/2021. GM and LKQ are to file replies in support of their respective motions by 5/13/2021. Mailed notice. (ecw, )
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Filing 89
DECLARATION of Conrad A. Gosen regarding motion for miscellaneous relief #88 in support of Defendants' Motion to Amend Infringement Contentions (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Gosen, Conrad)
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Filing 88
MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to Amend Infringement Contentions (Gosen, Conrad)
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Filing 87
RESPONSE by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to GM's Proposed Briefing Schedule [Dkt. No. 86] (Irwin, Barry)
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Filing 86
RESPONSE by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to other #85 LKQ's Proposed Briefing Schedule with Respect to its Opposed Motion for Leave to Supplement its Initial Invalidity Contentions (Gosen, Conrad)
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Filing 85
LKQ's Proposed Briefing Schedule (No Agreement) by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 84
MOTION by Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for leave to file Supplemented Invalidity Contentions (Attachments: #1 Exhibit A - Redlined Amended Invalidity Contentions, #2 Exhibit B - LKQ's Initial Invalidity Contentions)(Irwin, Barry)
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Filing 83
MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion to dismiss counts I-II #82 is granted. Counts I-II of LKQ's Amended Complaint for Declaratory Judgment are dismissed. Mailed notice. (ecw, )
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Filing 82
MOTION by Defendants General Motors Company, GM Global Technology Operations, LLC, General Motors LLC to dismiss Counts I-II (Chamberlin, Brianna)
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Filing 81
MINUTE entry before the Honorable Jeffrey Cole: Telephone status conference held on 2/26/21. Counsel reported that they have agreed on search terms and that there have been no disagreements regarding those terms. Under their agreement, the parties have until the end of April to complete ESI production. Counsel report that they are encountering no difficulties in connection with discovery thus far. Fact and Expert discovery are to end on the dates in the Order signed by Judge Durkin #60 . Fact discovery is to be completed by 10/1/21. Expert discovery is to be completed by 2/28/22. The telephone status conference set for 3/22/21 at 9:00am is cancelled and RESCHEDULED for 6/2/21 at 9:00am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 80
RESPONSE by Defendants GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to Plaintiffs' Motion for Leave to File Supplemental Authority in Support of their Motion to Dismiss (Chamberlin, Brianna)
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Filing 79
MINUTE entry before the Honorable Thomas M. Durkin: Plaintiffs' motion for leave to file supplemental authority in support of Plaintiffs' motion to dismiss #77 is granted. Defendants may file their own response, of 5 pages or less. Mailed notice. (ecw, )
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Filing 78
NOTICE of Motion by Barry F. Irwin for presentment of motion to supplement, #77 before Honorable Thomas M. Durkin on 2/25/2021 at 09:00 AM. (Irwin, Barry)
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Filing 77
MOTION by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation, LKQ Corporation, Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to supplement authority (Attachments: #1 Exhibit Exhibit A)(Irwin, Barry)
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Filing 76
MINUTE entry before the Honorable Jeffrey Cole: The following authority should also be considered by the parties in connection with the Orders at Dkt. #74 and #75 : "Mr. Crowley, his coauthors, and many others have argued persuasively that the traditional ways lawyers have culled the universe of potentially responsive documents for production -- manual human review... [is an] ineffective tool [ ] to cull responsive ESI in discovery." Progressive Cas. Ins. Co. v. Delaney, 2014 WL 3563467, 8-9 (D.Nev. 2014). Mailed notice (yt)
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Filing 75
MINUTE entry before the Honorable Jeffrey Cole: This morning, the case was called in connection with the plaintiff's Motion to Resolve ESI Dispute. #68 . While counsel for defendant appeared, counsel for the plaintiff did not. Perhaps counsel thought there was no need to appear since an Order had been entered on the Motion earlier this morning. #74 . But the hearing on the Motion was not canceled by the court and purposely not. There were obvious issues that remained for discussion, especially regarding compliance with the Order. In any event, in discussion with GM's counsel, and in response to my questions, I was informed that while the plaintiff did not deny having ESI capabilities, it would not agree on terms for the proposed ESI search and refused to provide GM with any terms, since in its view, an ESI search was not "necessary." I again specifically reject that tendentious conclusion by the plaintiff. Further questioning revealed that General Motors has already provided search terms to the plaintiff. In light of the above, the plaintiff is ordered within one week to provide reasonable and relevant search terms for the required ESI search to General Motors, and the parties shall have 10 days thereafter to conduct one or more ESI searches consistent with the terms that have been or will be provided. The materials obtained through the ESI searches are then to be mutually exchanged with opposing counsel. Finally, counsel are instructed that they must appear at all future hearings and status conferences unless excused by the court. The next telephone status conference is set for 2/26/21 at 9:00am. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. Mailed notice (yt)
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Filing 74
MINUTE entry before the Honorable Jeffrey Cole: On February 5, 2021, the plaintiffs filed a "Motion to Resolve ESI Dispute." #68 . The motion indicates that, on December 3, 2020, the parties submitted a joint ESI discovery plan to Judge Durkin. #61 . The plan required the parties to exchange proposed search terms and document custodians by December 24, 2020. Plaintiffs refused to do so, however, explaining that "it did not need to do electronic searching to identify the relevant, requested documents" and would only perform a manual search. [Dkt. #68, at Par. 3]. This stance resulted in defendant, not unexpectedly, also refusing to comply with the parties' agreement. The parties then sent a letter to Judge Durkin summarizing their dispute on January 7, 2021. [Dkt. #68, Par. 4]. Judge Durkin then referred the case to me for discovery supervision on January 8, 2021, and plaintiffs finally filed this motion regarding the parties' dispute about a month later. After review of the plaintiff's motion and the parties' letter to Judge Durkin, simply put, it is inherently unbelievable that today, and in a case the plaintiffs filed in 2020, involving several automobile parts patents, purported licensing agreements, and one of the largest corporations in the world, the plaintiffs have no ESI. Plaintiffs complain that requiring them to do an ESI search after they already performed a manual search would be "duplicative... unfair, slow, and expensive." But it was plaintiffs' choice to refuse to perform an ESI in the first place, so whatever burdens might now be visited upon them were self-inflicted. As such I exercise the broad discretion courts have in resolving discovery disputes, see Crawford El v. Britton, 523 U.S. 574, 598 (1998); Fields v. City of Chicago, 981 F.3d 534, 550 (7th Cir. 2020), and order the plaintiffs to comply with the ESI discovery plan that they ought to have complied with six weeks ago. Once the parties exchange search terms and custodians, any remaining issues and there should be few or none #72 may be addressed in a properly filed and supported motion. The parties are reminded of their obligation to meet and confer in good faith under local Rule 37.2. Good faith is not evidenced by taking an untenable stance such as refusing to perform any electronic document search and simply digging in and refusing to budge. See, e.g., Infowhyse GmbH v. Fleetwood Grp., 2016 WL 4063168, at *1 (N.D. Ill. 2016)("Good faith" has meaning; it is not evidenced by parties "adamantly clinging to the positions with which they began."); see also Chicago Reg'l Council of Carpenters Pension Fund v. Celtic Floor Covering, Inc., 316 F.Supp.3d 1044, 1046 (N.D. Ill. 2018)("An ultimatum on one side, met with steadfast defiance on the other, is not a good faith discussion."); W. Bend Mut. Ins. Co. v. Zurich Am. Ins. Co., 308 F. Supp. 3d 954, 95859 (N.D. Ill. 2018)("Chatting for a bit about a dispute and maintaining an untenable position at worst or a tenuous position at best, is not engaging in a good faith meet and confer."). Accordingly, the plaintiffs' motion #68 is denied without prejudice. Mailed notice (yt)
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Filing 73
MINUTE entry before the Honorable Jeffrey Cole:In light of the Motion Hearing set for 2/11/2021 at 8:30 am, counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. Mailed notice (yt)
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Filing 72
RESPONSE by GM Global Technology Operations, LLC, General Motors Company, General Motors LLC to MOTION by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation, LKQ Corporation, Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for discovery to Resolve ESI Dispute #68 (Gosen, Conrad)
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Filing 71
Corrected NOTICE of Motion by Barry F. Irwin for presentment of motion for discovery, #68 before Honorable Jeffrey Cole on 2/11/2021 at 08:30 AM. (Irwin, Barry)
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Filing 70
STATUS Report on Claim Construction by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 69
NOTICE of Motion by Barry F. Irwin for presentment of motion for discovery, #68 before Honorable Jeffrey Cole on 2/11/2021 at 08:30 AM. (Irwin, Barry)
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Filing 68
MOTION by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation, LKQ Corporation, Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation for discovery to Resolve ESI Dispute (Attachments: #1 Exhibit Exhibit A)(Irwin, Barry)
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Filing 67
MINUTE entry before the Honorable Jeffrey Cole: Judge Durkin has referred the case here for discovery supervision, including full authority to modify any discovery schedule already set. #66 . Telephone Status Conference is set for 3/22/21 at 9:00am to discuss the progress of discovery. Counsel should call (888) 684-8852, access code 5618926.#. Members of the public and media will be able to call in to listen to this hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Should any difficulties arise during depositions, counsel should contact the Court. I can be reached by a call to my courtroom deputy, Yulonda Thomas, at 312-408-5178, and she will arrange for me to participate in the phone call. Mailed notice (yt)
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Filing 66
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: discovery supervision, including full authority to modify any discovery schedule already set. Mailed notice.(ecw, )
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Filing 65
STATUS Report Regarding ESI and Discovery by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 64
MINUTE entry before the Honorable Thomas M. Durkin: By request of the parties, the 1/22/2021 status report deadline is extended to 2/5/2021. Mailed notice. (ecw, )
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Filing 63
CONFIDENTIALITY Order. Signed by the Honorable Thomas M. Durkin on 12/8/2020. Mailed notice. (ecw, )
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Filing 62
MINUTE entry before the Honorable Thomas M. Durkin: The parties shall promptly submit a proposed order to the Court's proposed order inbox reflecting that, absent agreement by the parties or a specific request for disclosure of particular documents outside of these proceedings, confidential information disclosed in this case can only be used in this case, and any specific request for disclosure will be considered by the Court on a case by case basis. Mailed notice. (ecw, )
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Filing 61
DISCOVERY Plan for Electronically Stored Information. Signed by the Honorable Thomas M. Durkin on 12/3/2020. Mailed notice. (ecw, )
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Filing 60
ORDER. Signed by the Honorable Thomas M. Durkin on 11/30/2020. Mailed notice. (ecw, )
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Filing 59
MINUTE entry before the Honorable Thomas M. Durkin: Oral argument on the motion to dismiss #37 and motion to stay discovery #43 held on 11/23/2020. For the reasons stated on the record, the motion to stay #43 is denied. The court will issue its ruling on the motion to dismiss at a later time. The parties are to submit an agreed proposed discovery schedule. The court will set the next status hearing when it enters the discovery schedule. Mailed notice. (ecw, )
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Filing 58
AMENDED report of rule 26(f) planning meeting #42 (Irwin, Barry)
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Filing 57
ATTORNEY Appearance for Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation by Michael P. Bregenzer (Bregenzer, Michael)
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Filing 56
MINUTE entry before the Honorable Thomas M. Durkin: Oral argument on the motion to dismiss #37 and motion to stay discovery #43 is set for 11/23/2020 at 2:00 p.m., and will be held by video conference. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (571) 353-2300 and the call-in ID is 605592347. Counsel of record will receive an email invitation prior to the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
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Filing 55
REPLY by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to response in opposition to motion, #48 , memorandum in support of motion, #38 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation, LKQ Corporation, Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation #37 (Irwin, Barry)
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Filing 54
MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference held on 11/13/2020. The Court defers ruling on the motion to dismiss #37 and motion to stay discovery #43 until oral argument is heard on the motions. The parties are to contact the courtroom deputy to schedule the oral argument by video or by telephone, within the next three weeks. Parties are also to submit a proposed amended scheduling order by 11/20/2020. Any disputed issues in the proposed scheduling order will be addressed during the oral argument. Mailed notice. (ecw, )
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Filing 53
REPLY by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to MOTION by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation, LKQ Corporation, Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to stay discovery #43 , response in opposition to motion, #52 , memorandum in support of motion #44 (Irwin, Barry)
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Filing 52
RESPONSE by GM Global Technology Operations, LLC, General Motors Company, General Motors LLCin Opposition to MOTION by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation, LKQ Corporation, Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to stay discovery #43 (Chamberlin, Brianna)
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Filing 51
MINUTE entry before the Honorable Thomas M. Durkin: A telephone status conference is set for 11/13/2020 at 9:00 a.m. To join the telephone status conference, dial 877-402-9757, Access Code 4410831. Mailed notice. (ecw, )
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Filing 50
Agreed Confidentiality Order by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 49
Joint Proposed Discovery Plan for Electronically Stored Information by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 48
RESPONSE by GM Global Technology Operations, LLC, General Motors Company, General Motors LLCin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation, LKQ Corporation, Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation #37 (Attachments: #1 Declaration of Conrad A. Gosen, #2 Exhibit A)(Gosen, Conrad)
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Filing 47
MINUTE entry before the Honorable Thomas M. Durkin: Hearing for presentment of motion to stay #43 is vacated. Defendant's response is due by 10/30/2020. Plaintiff's reply is due by 11/6/2020. Mailed notice. (ecw, )
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Filing 46
NOTICE of Motion by Barry F. Irwin for presentment of motion to stay #43 before Honorable Thomas M. Durkin on 10/29/2020 at 09:00 AM. (Irwin, Barry)
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Filing 45
DECLARATION of Justin Jude regarding motion to stay #43 , memorandum in support of motion #44 in support of Plaintiffs' motion to stay discovery (Irwin, Barry)
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Filing 44
MEMORANDUM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in support of motion to stay #43 discovery (Irwin, Barry)
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Filing 43
MOTION by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation, LKQ Corporation, Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation to stay discovery (Irwin, Barry)
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Filing 42
REPORT of Rule 26(f) Planning Meeting by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 41
MINUTE entry before the Honorable Thomas M. Durkin: Motion hearing held on 10/8/2020 regarding Motion to Dismiss for Failure to State a Claim #37 . The following briefing schedule is set as to the motion to dismiss #37 . Response is due by 10/23/2020. Reply is due by 11/13/2020. Motion to dismiss #27 is denied as moot. Parties are to submit a proposed discovery plan by 10/14/2020, after which the Court will set the next status hearing. If a motion to stay is filed, parties should email a proposed briefing schedule to the courtroom deputy. Mailed notice. (ecw, )
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Filing 40
MINUTE entry before the Honorable Thomas M. Durkin: Hearing for presentment of Motion to Dismiss for Failure to State a Claim #37 set for 10/8/2020 at 09:00 AM to be held telephonically. To join the hearing, dial 877-402-9757, Access Code 4410831. Mailed notice. (ecw, )
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Filing 39
NOTICE of Motion by Barry F. Irwin for presentment of Motion to Dismiss for Failure to State a Claim, #37 before Honorable Thomas M. Durkin on 10/8/2020 at 09:00 AM. (Irwin, Barry)
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Filing 38
MEMORANDUM by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation in support of Motion to Dismiss for Failure to State a Claim, #37 (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Irwin, Barry)
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Filing 37
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Counter Defendants KEYSTONE AUTOMOTIVE INDUSTRIES INC., KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation, LKQ Corporation, Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 36
ANSWER to amended complaint , COUNTERCLAIM filed by General Motors Company, GM Global Technology Operations, LLC, General Motors LLC against All Plaintiffs . by General Motors Company, GM Global Technology Operations, LLC, General Motors LLC(Gosen, Conrad)
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Filing 35
SUMMONS Returned Executed by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation as to General Motors LLC on 8/28/2020, answer due 9/18/2020. (Irwin, Barry)
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Filing 34
AMENDED complaint by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation against All Defendants (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z)(Irwin, Barry)
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Filing 33
Plaintiffs' ANSWER to counterclaim by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation(Irwin, Barry)
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SUMMONS Issued as to Defendant General Motors LLC. (ng, )
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Filing 32
Corporate Disclosure STATEMENT by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 31
Corporate Disclosure STATEMENT by GM Global Technology Operations, LLC, General Motors Company (Gosen, Conrad)
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Filing 30
Defendants' ANSWER to Complaint with Jury Demand for Declaratory Judgment of Patent Non-Infringement and Invalidity, and COUNTERCLAIM filed by GM Global Technology Operations, LLC, General Motors Company against KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation . by GM Global Technology Operations, LLC, General Motors Company(Gosen, Conrad)
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Filing 29
DECLARATION of Conrad A. Gosen regarding memorandum in support of motion #28 , motion to dismiss #27 Counts V-VII under Rule 12(b)(1) and Counts IV-VII under Rule 12(b)(6) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Gosen, Conrad)
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Filing 28
MEMORANDUM by GM Global Technology Operations, LLC, General Motors Company in support of motion to dismiss #27 Counts V-VII under Rule 12(b)(1) and Counts IV-VII under Rule 12(b)(6) (Gosen, Conrad)
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Filing 27
MOTION by Defendants GM Global Technology Operations, LLC, General Motors Company to dismiss Counts V-VII under Rule 12(b)(1) and Counts IV-VII under Rule 12(b)(6) (Gosen, Conrad)
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Filing 26
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 25
MINUTE entry before the Honorable Thomas M. Durkin:Defendants are to answer or otherwise plead by 8/7/2020.Mailed notice (srn, )
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Filing 24
STATUS Report by KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation (Irwin, Barry)
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Filing 23
MINUTE entry before the Honorable Thomas M. Durkin:Patent conference held on 6/4/2020. The parties are directed to file a joint written status report by 7/6/2020 indicating whether there is unanimous agreement to resume discussions to resolve the issues giving rise to this case, and if so, whether they intend to enlist the help of a mediator or other third party neutral, and a proposed timetable for the selection of any such mediator or other neutral. Defendants are not required to answer Plaintiffs' complaint until further order of the Court. Mailed notice (srn, )
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Filing 22
MINUTE entry before the Honorable Thomas M. Durkin:Motion to appear pro hac vice #18 is granted; Attorney Brianna Chamberlin for GM Global Technology Operations, LLC and for General Motors Company added. Mailed notice (srn, )
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Filing 21
MINUTE entry before the Honorable Thomas M. Durkin:Motion to appear pro hac vice #16 is granted; Attorney John Adkisson for GM Global Technology Operations, LLC and General Motors Company added. Mailed notice (srn, )
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Filing 20
MINUTE entry before the Honorable Thomas M. Durkin:Motion to appear pro hac vice #17 is granted; Attorney Conrad Gosen for GM Global Technology Operations, LLC and General Motors Company added. Mailed notice (srn, )
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Filing 19
MINUTE entry before the Honorable Thomas M. Durkin:Motion to appear pro hac vice #15 is granted; Attorney Joseph A. Herriges, Jr for GM Global Technology Operations, LLC and General Motors Company added. Mailed notice (srn, )
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Filing 18
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17064147. (Chamberlin, Brianna)
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Filing 17
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17064122. (Gosen, Conrad)
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Filing 16
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17064074. (Adkisson, John)
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Filing 15
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17064008. (Herriges, Joseph)
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Filing 14
MINUTE entry before the Honorable Thomas M. Durkin:Patent conference is set for 6/4/2020 at 03:00 PM. The parties are to call 877-402-9757, access code 4410831.Mailed notice (srn, )
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Filing 13
ATTORNEY Appearance for Defendants GM Global Technology Operations, LLC, General Motors Company by Steven McMahon Zeller (Zeller, Steven)
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Filing 12
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 11
MINUTE entry before the Honorable Thomas M. Durkin:The Local Rules of course apply to all patent cases filed in this District. It is Judge Durkin's practice, however, to hold an informal, off the record meeting with the attorneys for the parties as soon as possible after all parties have counsel who have filed appearances. All discussions at the meeting will be inadmissible in any later proceeding under Federal Rule of Evidence 408.The purpose of the meeting is to see whether an early resolution of the case, or a narrowing or prioritizing of the contested issues can occur before any scheduling order is prepared by the parties. No position papers or other briefs should be filed in advance of the meeting, which will last an hour or less. Counsel shall collaborate in selecting a prompt date and call Judge Durkin's courtroom deputy, Sandy Newland at 312-435-6870 to schedule. No answer to the complaint is required until after this meeting, which is intended to minimize the costs of this uniquely expensive kind of litigation. The filing of a joint status report is vacated.Mailed notice (srn, )
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Filing 10
MINUTE entry before the Honorable Thomas M. Durkin:The parties are to file a joint status report by 7/23/2020. See Judge Durkin's website (http://www.ilnd.uscourts.gov/home/JudgeInfo.aspx) for status report content. Mailed notice (srn, )
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Filing 9
SUMMONS Returned Executed by LKQ Corporation, KEYSTONE AUTOMOTIVE INDUSTRIES INC. as to General Motors Company on 5/7/2020, answer due 5/28/2020. (Irwin, Barry)
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Filing 8
SUMMONS Returned Executed by LKQ Corporation, KEYSTONE AUTOMOTIVE INDUSTRIES INC. as to GM Global Technology Operations, LLC on 5/7/2020, answer due 5/28/2020. (Irwin, Barry)
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Filing 7
ATTORNEY Appearance for Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation by Reid P. Huefner (Huefner, Reid)
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Filing 6
ATTORNEY Appearance for Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation by Christopher D Eggert (Eggert, Christopher)
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Filing 4
ATTORNEY Appearance for Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation by Manon Burns (Burns, Manon)
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SUMMONS Issued as to Defendants GM Global Technology Operations, LLC, General Motors Company. (ng, )
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CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (txl, )
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Filing 3
ATTORNEY Appearance for Plaintiffs KEYSTONE AUTOMOTIVE INDUSTRIES INC., LKQ Corporation by Barry F. Irwin (Irwin, Barry)
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Filing 2
CIVIL Cover Sheet (Irwin, Barry)
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Filing 1
COMPLAINT filed by LKQ Corporation, KEYSTONE AUTOMOTIVE INDUSTRIES INC.; Jury Demand. Filing fee $ 400, receipt number 0752-16993041. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U)(Irwin, Barry)
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