Dale et al v. NFP Corp. et al
| Joel Sjostrom, Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Jose Zamarripa, Michael Leopardo, Jamie Lawson, Kevin Dale, Frank Hovar, Chris Wood, Glen Turpoff, Brad Long and Fortunato Salamone |
| NFP Corp., Stephen Curry, Jerry Korchak, Kestra Advisory Services, LLC, Kestra Financial, Inc., Benefit Planning Services, Inc. and Kestra Investment Services, LLC |
| 1:2020cv02942 |
| May 18, 2020 |
| US District Court for the Northern District of Illinois |
| Jeffrey T Gilbert |
| John F Kness |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 E.R.I.S.A.: Employee Retirement |
| None |
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Filing 135
MINUTE entry before the Honorable Jeffrey T. Gilbert: The parties were to file an updated discovery status report on 2/9/23 #129 but no report was filed. The parties shall file that report by 3/16/23. A telephone status hearing is set for 3/23/23 at 10:30 a.m. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. 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. Mailed notice (ber, )
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Filing 134
MEMORANDUM Opinion and Order signed by the Honorable John F. Kness on 3/1/2023. Mailed notice(ef, )
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Filing 133
MINUTE entry before the Honorable John F. Kness: For the reasons provided in the accompanying Memorandum Opinion and Order, which is being entered separately, Defendants' motion to dismiss #83 is granted in part and denied in part. Defendants' earlier motion to dismiss #23 is dismissed as moot. In view of the resolution of these motions, the hearing set for 3/2/2023 before Judge Kness is stricken and will be reset as needed by separate order. Mailed notice (ef, )
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Filing 132
MINUTE entry before the Honorable John F. Kness: The Court is aware that Defendants' motion to dismiss #83 has been fully briefed for months and that the parties have been patiently awaiting a decision. An opinion resolving the motion is forthcoming. Due, however, to the length of the complaint, the number of claims, and the complexity of the issues presented in the motion to dismiss, the Court regrettably will not be able to issue an opinion by 2/9/2023. Accordingly, the status hearing set for 2/9/2023 is stricken and reset to 3/2/2023 at 9:30 A.M. The Court anticipates that it will provide a ruling on or before the next status hearing. In the meantime, the parties should continue with fact discovery according to the schedule set by Magistrate Judge Gilbert. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice(smm)
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Filing 131
MINUTE entry before the Honorable John F. Kness: Status hearing set for 2/9/2023 at 9:00 AM is reset for 2/9/2023 at 09:30 AM. TIME CHANGE ONLY. Mailed notice (ef, )
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Filing 130
MINUTE entry before the Honorable John F. Kness: The Court acknowledges that Defendants' motion to dismiss #83 is fully briefed and remains pending. With regret for the delay, the Court sets an in-person hearing to address the motion to dismiss for 2/9/2023 at 09:00 AM. Mailed notice (ef, )
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Filing 129
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 1/12/23. The Court reviewed the parties' Updated Joint Discovery Status Report #128 . For good cause shown, the discovery schedule is modified as follows: Fact discovery shall be completed by 11/17/23. Plaintiffs' Rule 26(a)(2) expert report shall be disclosed by 12/28/23. Plaintiffs' expert(s) shall be deposed by 1/31/24. Defendants' Rule 26(a)(2) expert report shall be disclosed by 3/1/24. Defendants' expert shall be deposed by 4/5/24. Dispositive motions shall be filed by 5/17/24. The parties shall take the depositions of Foley, Testin, and Sherwood on the dates scheduled as mentioned in the parties' Status Report of 1/5/23 #126 . The parties shall file an updated status report by 2/9/23. Mailed notice (ber, )
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Filing 128
STATUS Report Updated Joint Discovery Status Report by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan (Levy, Joshua)
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Filing 127
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report #126 . The depositions referenced in the parties' status report shall proceed on the dates set forth in that report absent agreement of all parties and the witnesses to reschedule those depositions to a date before the fact discovery close date or a court order. Telephone status hearing set for 1/12/23 at 9:30 a.m. to discuss (1) the extent, if any, to which Plaintiffs' ability to conduct the depositions identified as confirmed for specific dates in the status report, or any future depositions, is dependent upon Plaintiffs receiving additional documents from Defendants before those depositions can occur, and (2) the impact upon deposition or document discovery of Defendants' intent to raise counterclaims if or when they are required to answer Plaintiffs' operative complaint. The toll-free call-in number and access code for the status hearing is as follows: Dial: 877-336-1829, Access Code: 1022195. Persons granted remote access to the telephonic proceeding are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice (ber, )
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Filing 126
STATUS Report Updated Joint Discovery Status Report by Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Levy, Joshua)
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Filing 125
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Joint Status Report #124 . The depositions referenced in the parties' status report shall proceed on the dates set forth in that report absent agreement of all parties to reschedule those depositions or a court order. Per the Court's prior order #123 , the parties shall file an additional status report on 1/5/23. Mailed notice (ber, )
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Filing 124
STATUS Report Updated Joint Discovery Status Report by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Levy, Joshua)
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Filing 123
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 12/1/22. For the reasons discussed on the record, the parties shall file a joint status report by 12/16/22 confirming dates for as many depositions that they can confirm at that time for January, February, and March 2023, subject to any supplemental production of documents by Defendants being made sufficiently in advance of those depositions to allow them to occur. The parties shall file an additional status report on 1/5/23 reporting on the parties' discussions regarding Plaintiffs' request for a supplemental production of documents from Defendants. The parties' 1/5/23 report should also identify fact witnesses that either side still intends to depose based on then-available information, contains an update on confirmed deposition dates, and contains the parties' view(s) on the whether the 4/28/23 fact discovery close date remains realistic. Mailed notice (ber, )
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Filing 122
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Updated Joint Status Report #121 . A telephone status hearing is set for 12/1/22 at 11:00 a.m. The call-in number for the telephonic status hearing is 877-336-1829, access code 1022195, press #. 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. Mailed notice (ber, )
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Filing 121
STATUS Report Updated Joint Status Report by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Levy, Joshua)
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Filing 120
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Updated Joint Discovery Status Report #119 . The parties shall file an updated joint status report by 11/15/22 with proposed and/or confirmed dates for depositions to be taken through 12/31/22. Mailed notice (ber, )
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Filing 119
STATUS Report Updated Joint Discovery Status Report by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Levy, Joshua)
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Filing 118
Brief by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa Plaintiffs' Supplemental Brief in Opposition to Defendants' Motion to Dismiss Counts I through XIII in First Claim for Relief in Amended Complaint Regarding the Seventh Circuit's Ruling in Albert v. Oshkosh Corp. (Levy, Joshua)
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Filing 117
MINUTE entry before the Honorable John F. Kness: Plaintiffs' Motion for leave to file supplemental briefing #116 is granted. Mailed notice (ef, )
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Filing 116
MOTION by Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa for leave to file Motion for Leave to File Supplemental Briefing Limited to Three Pages to Address Defendants' September 2, 2022 Letter (Levy, Joshua)
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Filing 115
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Updated Joint Discovery Status Report #113 . The parties shall file an updated status report by 10/20/22. Mailed notice (ber, )
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Filing 114
Letter to the Court by Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. (Bozeman, Melissa)
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Filing 113
STATUS Report Updated Joint Discovery Status Report by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan (Levy, Joshua)
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Filing 112
STATUS Report Updated Joint Discovery Status Report by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Levy, Joshua)
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Filing 111
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Updated Joint Discovery Status Report #110 and notes it does not contain confirmed dates for depositions to be taken in September 2022 as required by the Court's prior order #107 . That may be because Plaintiffs did not provide potential dates for the Rule 30(b)(6) depositions they wanted to conduct in September and October 2022 until Thursday, 7/28/22, with a status report due on Monday, 8/1/22, and it may take defense counsel more than one or two business days to confirm the availability of one or more Rule 30(b)(6) deponents. The parties shall incorporate into their status report due on 9/1/22 #107 confirmed dates for depositions to be taken in September 2022. Mailed notice (ber, )
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Filing 110
STATUS Report - Updated Joint Discovery Status Report by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar (Levy, Joshua)
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Filing 109
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Updated Joint discovery Status Report #108 . Per the parties' suggestion in that report, they shall file an updated status report on their progress with privilege log issues by 8/15/22. If the parties agree to a different date, then they shall send an email to the Court's courtroom deputy, Benda Rinozzi. Mailed notice (ber, )
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Filing 108
STATUS Report on Discovery Issues related to Defendants' Privilege Log [JOINT] by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Levy, Joshua)
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Filing 107
MINUTE entry before the Honorable Jeffrey T. Gilbert: Continued Rule 16 Conference held on 6/10/22 via telephone. The Court reviewed the parties' Updated Joint Discovery Status Report #105 . By 8/1/22, the parties file a joint report with confirmed dates for depositions to be taken in September 2022. By 9/1/22, the parties shall file a joint report with confirmed dates for depositions to be taken in October 2022. The parties' reports shall also contain a list of depositions each side then intends to take, even if the parties do not have dates for those depositions. The parties shall file an updated status report on privilege log issues by 7/12/22. Mailed notice (ber, )
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Filing 106
MINUTE entry before the Honorable Jeffrey T. Gilbert: The continued Rule 16 Conference set for 6/10/22 at 10:45 am will be held via telephone instead of video. The toll-free call-in number and access code for the hearing is as follows: Dial: 877-336-1829, Access Code: 1022195. Persons granted remote access to the telephonic proceeding are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice (ber, )
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Filing 105
Report by Kevin Dale Updated Joint Discovery Status Report (Levy, Joshua)
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Filing 104
MINUTE entry before the Honorable Jeffrey T. Gilbert: Rule 16 Conference held on 5/4/22 and continued to 6/10/22 at 10:45am CST via Cisco Webex. The Court sets the following agreed discovery schedule outlined in the parties' Updated Joint Discovery Status Report #103 . Fact discovery shall be completed by 4/28/23. Plaintiffs' Rule 26(a)(2) expert(s) report(s) shall be disclosed by 5/31/23. Plaintiffs' expert(s) shall be deposed by 6/30/23. Defendants' Rule 26(a)(2) expert report(s) shall be disclosed by 7/14/23. Defendants' expert(s) shall be deposed by 8/18/23. Dispositive motions shall be filed by 9/30/23. By 6/6/22, the parties shall meet and confer and file a discovery plan that includes at least the following information: (1) a list of people that either side intends to depose during fact discovery as of that date; (2) a list of any depositions that already have been taken; (3) a schedule of confirmed or proposed dates for any depositions to be taken within 60 days of the filing of the report; (4) a summary of where the parties are on privilege issues, and joint or separate proposals on how the Court and the parties should proceed to resolve any remaining privilege issues; and (5) any other information the parties would like to include in their report. Mailed notice (ber, )
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Filing 103
STATUS Report Updated Joint Discovery Status Report by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Levy, Joshua)
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Filing 102
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Court's instance, the Rule 16 conference scheduled for 5/3/22 at 11:00 a.m. is stricken and reset to 5/4/22 at 11:00 a.m. via Cisco Webex. The call-in number is 650-479-3207 and the Access code: 180 946 2499. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. If this resetting presents an irreconcilable conflict for any party or counsel, then counsel shall notify the Court's courtroom deputy. Mailed notice (ber, )
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Filing 101
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Updated Joint Discovery Status Report #98 filed on 3/30/22. In that report, the parties say they have agreed to discuss the privilege log issues being raised by Plaintiffs within the next 30 days. Plaintiffs also request that the Court set a scheduling conference. Plaintiffs say "this case should meaningfully advance to discovery including deposition discovery, without any constraints," #98 at 1, apparently in spite of the parties' Agreed Motion to Stay Discovery and for Other Relief #71 filed on 11/8/21 #71 and the Court's order granting the requested stay on 12/16/21 #79 . See also Updated Joint Discovery Status Report #77 ("Plaintiff [sic] submits that it would be most efficient and economical to stay all further discovery until after the initial pleadings are complete and any motions, if any, are ruled upon, and that any privilege log disputes that cannot be resolved by the parties without further discovery or judicial intervention be addressed when the stay is lifted."). A Rule 16 conference is scheduled for 5/3/22 at 11:00 a.m. via Cisco Webex. The call-in number is 650-479-3207 and the Access code: 180 946 2499. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. The purpose of the conference is to set, if appropriate, a discovery schedule in this case and to establish a procedure by which the Court can address the privilege log issues that Plaintiffs have been raising for some time. By noon on 4/13/22, Defendants shall deliver to Judge Gilbert's chambers a hard copy of their privilege log and also send to his courtroom deputy, Brenda Rinozzi, via email an electronic version of that privilege log. By 4/28/22, the parties shall file a joint report that contains the following information: (1) Plaintiffs' proposed discovery schedule and Defendants' response to that schedule; (2) Defendants' position with respect to a discovery schedule to be entered in this case and Plaintiffs' response thereto; and (3) the identity and affiliation/title of witnesses Plaintiffs contend they need to depose regarding Defendants' privilege log, why Plaintiffs believe these depositions are necessary before the Court can resolve issues relating to Defendants' privilege log, and Defendants' objections, if any, to any or all of those depositions being taken together with the basis for such objections. Mailed notice (ber, )
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Filing 100
MINUTE entry before the Honorable John F. Kness: Motion by counsel to withdraw as attorney #99 is granted. Attorney Karen L. Tidwall is withdrawn as counsel of record. Mailed notice (ef, )
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Filing 99
MOTION by Attorney Karen L. Tidwall to withdraw as attorney for Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa. No party information provided (Tidwall, Karen)
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Filing 98
STATUS Report [UPDATED JOINT] Regarding Discovery by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Levy, Joshua)
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Filing 97
ATTORNEY Appearance for Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. by Paul Sullivan Gerding, Jr (Gerding, Paul)
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Filing 96
WITHDRAWING Charles F. MacKelvie as counsel for Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. and substituting Paul Sullivan Gerding, Jr as counsel of record (Gerding, Paul)
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Filing 95
REPLY by Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. to memorandum in opposition to motion, #92 and in support of Defendants motion [82-83] (Westerhaus, John)
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Filing 94
Proposed Consent Order Granting Substitution of Attorney by NFP Corp. (Gerding, Paul)
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Filing 93
MINUTE entry before the Honorable John F. Kness: Plaintiffs' Unopposed Motion for leave to file excess pages #91 is granted. Mailed notice (ef, )
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Filing 92
MEMORANDUM by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan in Opposition to Motion to Dismiss for Failure to State a Claim, #83 Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Counts I through XIII in First Claim for Relief in Amended Complaint (Levy, Joshua)
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Filing 91
MOTION by Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa for leave to file excess pages (Juedes, Dieter)
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Filing 90
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 2/15/22. The parties shall file a status report concerning their respective positions on discovery while Defendants' motion to dismiss #83 is pending, including with respect to the privilege log issues, by 3/30/22. Mailed notice (ber, )
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Filing 89
ATTORNEY Appearance for Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa by Dieter Juedes (Juedes, Dieter)
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Filing 88
Letter to the Court by Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC Amending Brief (Bozeman, Melissa)
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Filing 87
MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule on Defendants' motion to dismiss #83 : Plaintiffs must respond on or before 2/23/2022 and Defendants must reply on or before 3/9/2022. Within one week of filing, each side must provide two paper courtesy copies of their respective briefs to chambers via U.S. Mail or reliable commercial delivery service. Mailed notice (ef, )
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Filing 86
MINUTE entry before the Honorable John F. Kness: Defendants' Motion for extension of time to answer #82 is dismissed as moot. Mailed notice (ef, )
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Filing 85
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Court's instance, the telephone status hearing set for 1/27/22 is stricken and reset to 2/15/22 at 10:00 a.m. The Court will defer a report on the parties' discussions about privilege log issues until the next status hearing. The toll-free call-in number and access code for the status hearing is as follows: Dial: 877-336-1829, Access Code: 1022195. Persons granted remote access to the telephonic proceeding are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Mailed notice (ber, )
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Filing 84
MEMORANDUM by Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, NFP Corp. in support of Motion to Dismiss for Failure to State a Claim, #83 (Bozeman, Melissa)
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Filing 83
First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. (Bozeman, Melissa)
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Filing 82
MOTION by Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Investment Services, LLC, Jerry Korchak for extension of time to file answer to Plaintiff's Amended Complaint (ECF No. 78) (Westerhaus, John)
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Filing 81
MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice #80 is granted. Mailed notice (ef, )
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Filing 80
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19030037. (Marcott, Ruth)
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Filing 79
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 12/16/21 and continued to 1/27/22 at 10:00 a.m. The Court reviewed the parties' Updated Joint Discovery Status Report #77 . The parties' joint request for a stay of discovery #71 is granted for the reasons stated on the record. The existing discovery deadlines are stricken and will be reset in a further order after consultation with the parties. The call-in number for the continued telephonic hearing is 877-336-1829, access code 1022195, press #. 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. Mailed notice (ber, )
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SUMMONS Issued as to Defendant NFP Corporate Services (IL), Inc. (dxb, )
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Filing 78
AMENDED complaint by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan against Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. (Attachments: #1 Exhibit Summons)(Levy, Joshua)
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Filing 77
STATUS Report [UPDATED JOINT] Regarding Discovery by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Tidwall, Karen)
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Filing 76
MINUTE entry before the Honorable Jeffrey T. Gilbert: Plaintiffs filed an Updated Discovery Status Report #75 on 11/22/21. The Report does not contain Defendant's position on the matters discussed in that Report for reasons discussed in that Report. The status report due on 11/22/21 was supposed to be a joint status report [70, 72, 73]. The parties shall file on or before 12/6/21 a joint status report that contains Defendant's position on the matters set forth in Plaintiffs' Status Report #75 and any other discovery matters Defendant wants to address. This should provide sufficient time for the parties to confer about the contents of the report to be filed on or before 12/6/21. Among other things, the Court is interested in Defendant's position on Plaintiff's proposal that the privilege log dispute should not be addressed in any way until an answer has been field, and in the rationale for Plaintiff's proposal in that regard. Telephone status hearing set for 12/16/21 at 10:00 a.m., which is after the amended complaint should be on file #74 . A hearing on the parties' joint request for a stay of discovery #71 also is set for that date and time. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. 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. Mailed notice (ber, )
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Filing 75
STATUS Report [UPDATED] regarding Discovery by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Tidwall, Karen)
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Filing 74
MINUTE entry before the Honorable John F. Kness: The parties' agreed motion to stay discovery and for other relief #71 is granted in part. Plaintiff is given leave to file an amended complaint on or before December 10, 2021, and Defendants shall answer or otherwise plead in response to the amended complaint on or before January 21, 2022. Upon the filing of an amended complaint, Defendants' pending partial Motion to Dismiss and Motion for More Definite Statement #23 will be rendered moot. The request for a stay is referred to Magistrate Judge Gilbert, who shall have full authority to set or amend all discovery deadlines. Mailed notice (ef, )
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Filing 73
MINUTE entry before the Honorable Jeffrey T. Gilbert: Agreed Motion for Extension of Time to File Joint Discovery Status Report #72 is granted. The parties shall file their joint discovery status report by 11/22/21. Mailed notice (ber, )
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Filing 72
MOTION by Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa for extension of time to file Joint Discovery Status Report [AGREED] (Tidwall, Karen)
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Filing 71
MOTION by Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa to stay Agreed Motion to Stay Discovery and for Other Relief (Tidwall, Karen)
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Filing 70
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 10/14/21. The parties shall meet and confer about discovery disputes and file an updated status report concerning any remaining discovery issues with bullet point descriptions of those disputes by 11/15/21. Mailed notice (ber, )
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Filing 69
STATUS Report [JOINT] by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Tidwall, Karen)
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Filing 68
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Updated Joint Status Report #67 . At the parties' joint request and agreement, and for good cause shown given the parties' continued Local Rule 37.1 process as outlined in their Updated Joint Status Report, the fact and expert discovery deadlines previously set #61 are extended for 5 months as follows: The fact discovery deadline is extended to 2/28/22. The expert discovery dates are extended as follows: Affirmative expert reports shall be disclosed by 3/31/22. Rebuttal expert reports shall be disclosed by 5/2/22. Depositions of all experts shall be completed by 6/2/22. The parties shall file an updated status report by 10/7/21. If the parties conclude their meet and confer process sooner and disputes remain concerning responses to written discovery, then a motion to compel or for a protective order can be filed before that date. The parties should agree on a briefing schedule for any such motion and email the schedule to the Court's courtroom deputy. Telephone status hearing set for 10/14/21 at 9:30 a.m. The call-in number for the telephonic status hearing is 877-336-1829, access code 1022195, press #. 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. Mailed notice (ber, )
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Filing 67
STATUS Report [UPDATED JOINT] Regarding Discovery by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Tidwall, Karen)
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Filing 66
NOTICE by Kayla Elizabeth Foley of Change of Address (Foley, Kayla)
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Filing 65
WITHDRAWING Kimberly M. Hare as counsel for Defendant NFP Corp. and substituting Charles G.F. MacKelvie as counsel of record (MacKelvie, Charles)
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Filing 64
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 6/24/21. The parties reported on their ongoing discussions concerning responses to written discovery. If motion practice becomes necessary after compliance with Local Rule 37.2, the parties should email the Court's courtroom deputy with a proposed briefing schedule. The Court suggests the parties consider filing a joint motion to resolve discovery dispute(s) that sets out each party's respective position on the issues, as discussed on the record, in lieu of responsive briefing on a discovery motion. This is a suggestion and not a requirement. If more traditional motion practice is necessary, then the Court will rule on any such motion that is filed. The parties shall file an updated status report by 9/8/21. Mailed notice (ber, )
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Filing 63
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Updated Joint Status Report #62 . A telephone status hearing is set for 6/24/21 at 9:30 a.m. The call-in number for the telephonic status hearing is 877-336-1829, access code 1022195, press #. 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. Mailed notice (ber, )
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Filing 62
STATUS Report [JOINT, UPDATED] by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Tidwall, Karen)
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Filing 61
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 5/4/21. The parties will supplement their respective responses to discovery requests by 5/28/21. At the parties' agreement, the fact discovery deadline is extended for 60 days, to 9/30/21. The expert discovery dates are extended as follows: Affirmative expert reports shall be disclosed by 11/1/21. Rebuttal expert reports shall be disclosed by 12/1/21. Depositions of all experts shall be completed by 1/3/22. By 6/7/21, the parties shall file an updated status report with respect to discovery responses and dates for next steps in the case. Mailed notice (ber, )
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Filing 60
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Updated Joint Status Report #59 . The status hearing set for 5/4/21 #58 will proceed as scheduled. The Court would like to set dates at that time for the responses and follow-up described in the numbered paragraphs of the Joint Status Report if possible. Therefore, the Court requests that the parties confer about setting as many of those dates as possible before the status hearing. Mailed notice (ber, )
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Filing 59
STATUS Report [UPDATED JOINT REPORT] by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Tidwall, Karen)
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Filing 58
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Updated Joint Status Report on Discovery #57 . Status hearing set for 5/4/21 at 10:15 a.m. If motion practice will be necessary for any discovery disputes that survive the Local Rule 37.2 meet and confer process, then the Court encourages the parties to agree on a briefing schedule and provide that schedule via email to the Court's courtroom deputy. If the parties cannot agree, then the Court will set a schedule after a motion is filed. The parties shall file an updated status report concerning their progress with discovery by 4/28/21. The call-in number for the telephonic status hearing is 877-336-1829, access code 1022195, press #. When you are connected to the conference system, please keep your phone on mute until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. 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. Mailed notice (ber, )
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Filing 57
STATUS Report [JOINT UPDATED] by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Tidwall, Karen)
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Filing 56
MINUTE entry before the Honorable Jeffrey T. Gilbert: At Plaintiffs' request, and without opposition from Defendants, the status report due to be filed 3/24/21 #54 shall be filed by 3/25/21. Mailed notice (ber, )
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Filing 55
AGREED CONFIDENTIALITY Order. Signed by the Honorable Jeffrey T. Gilbert on 3/2/2021. Mailed notice(ber, )
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Filing 54
MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report #53 . The parties shall file an updated status report by 3/24/21. That report should cover the following topics: (1) whether there are any disputes about the parties' respective responses to written discovery that are ripe for and require the Court's assistance and, if so, a proposed schedule for presenting those issues to the Court; (2) roughly how many depositions each side anticipates taking in this case before the close of fact discovery and a preliminary list of people each side then anticipates deposing whether parties or non-parties; (3) whether any depositions have been taken or are scheduled to be taken on or before 4/30/21; and (4) anything else the parties believe the Court needs to know about discovery or the prospect of settlement. The status hearing set for 3/10/21 #52 is stricken in light of this order. Mailed notice (ber, )
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Filing 53
STATUS Report Joint on Discovery by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Tidwall, Karen)
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Filing 52
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephonic status hearing held on 1/15/21 and continued to 3/10/21 at 10:00 a.m. The Court reviewed the parties' Joint Status Report on Discovery #51 . The parties shall file an updated status report on the progress of discovery by 2/17/21. By 3/4/21, the parties shall file a report concerning depositions both sides anticipate taking and any confirmed dates the parties have agreed to within the next 45 days. Counsel reported they will need a protective order entered. The parties shall agree on language for such an order based on the Court's model confidentiality order and, if their proposed order is agreed, submit a red-line version and clean copy to the Court's proposed order email address, Proposed_Order_Gilbert@ilnd.uscourts.gov. If the parties do not agree, then a formal motion for entry of a confidentiality order should be filed that sets forth each side's position on disputed provisions. The toll-free call-in number and access code for the continued status hearing is 877-336-1829, access code 1022195, press #. When you are connected to the conference system, please keep your phone on mute until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. 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. Mailed notice (ber, )
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Filing 51
STATUS Report on Discovery [Joint] by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa (Tidwall, Karen)
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Filing 50
MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 10/29/20 and continued to 1/15/21 at 10:00 a.m. At the parties' agreement, the Court sets the following discovery schedule. Plaintiffs will serve their initial round of written discovery requests by 11/10/20. Defendants will serve their initial round of written discovery requests by 11/30/20. Additional written discovery may be served if and/or when Defendants file any answer or counterclaim. Fact discovery shall be completed by 7/30/21. Affirmative expert reports shall be disclosed by 8/30/21. Rebuttal expert reports shall be disclosed by 10/15/21. Depositions of all experts shall be completed by 11/29/21. Dispositive motions, if any, shall be filed by 12/31/21. The parties shall file an updated status report on discovery on 1/12/21. The call-in number for the telephonic status hearing on 1/15/21 is 877-336-1829, access code 1022195, press #. When you are connected to the conference system, please keep your phone on mute until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. 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. Mailed notice (ber, )
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Filing 49
MINUTE entry before the Honorable Jeffrey T. Gilbert: At the Court' s instance, due to a scheduling conflict, the telephonic status hearing set for 10/29/20 is reset from 10:30 a.m. to 2:00 p.m. This is a change in time only. If this change in time presents an irreconcilable conflict for any party or counsel, then counsel jointly shall email the Court's courtroom deputy to reschedule the matter. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. When you are connected to the conference system, please keep your phone on mute until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. 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. Mailed notice (ber, )
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Filing 48
MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been referred to Magistrate Judge Gilbert for the purposes of discovery supervision. Initial telephonic status hearing scheduled for 10/29/20 at 10:30 a.m. If written discovery has not yet been served, the parties should be prepared to set a date by which it will be served at the status hearing. The parties also should be prepared to set other discovery deadlines on dates certain and not built off the answer date as they did in their Rule 26(f) report #25 filed before the assigned District Judge denied Defendants' motion to stay discovery #30 #46 . If discovery dates need to be adjusted down the road, that can be done but the Court is unwilling to set dates in the manner the parties propose, at least based upon what the Court knows about the case from the docket. The call-in number for the telephone hearing on 10/29/20 is 877-336-1829, access code 1022195, press #. When you are connected to the conference system, please keep your phone on mute until your case is called. There may be other people in other cases speaking in the conference when you join the conference and before your case is called. When your case is called, please unmute your phone and remember to say your name each and every time you speak. 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. Mailed notice (ber, )
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Filing 47
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey T. Gilbert for the purpose of holding proceedings related to: discovery supervision. (ags) Mailed notice.
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Filing 46
MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held. For the reasons stated on the record, Defendants' motion to stay discovery #30 is denied. Defendants' motion to dismiss or for a more definite statement #23 is now fully briefed and is taken under advisement. The Court will enter a case management order separately. The case is referred to the magistrate judge for discovery supervision with full authority to amend deadlines. Mailed notice (ags)
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Filing 45
MINUTE entry before the Honorable John F. Kness: Motion by counsel for leave to appear pro hac vice e #44 is granted. Mailed notice (ef, )
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Filing 44
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17518477. (Schembari, John)
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Filing 43
MINUTE entry before the Honorable John F. Kness: Telephonic Status Hearing held. Only counsel for Plaintiffs appeared. Pursuant to the discussions held in open court and for the reasons stated on the record, the status hearing is continued to October 15, 2020 at 10:45 AM. NOTE TIME CHANGE. Counsel for Defendants is directed to appear. The parties shall use the same call-in information #37 . Mailed notice (ef, )
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Filing 42
ATTORNEY Appearance for Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa by Kayla Elizabeth Foley (Foley, Kayla)
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Filing 41
CERTIFICATE of Service of Plaintiffs' Mandatory Initial Disclosures by Karen L. Tidwall on behalf of All Plaintiffs (Tidwall, Karen)
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Filing 40
CERTIFICATE of Service of Mandatory Initial Discovery Disclosures by Melissa Ann Bozeman on behalf of Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. (Bozeman, Melissa)
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Filing 39
MINUTE entry before the Honorable John F. Kness: Attorney John Westerhaus' motion to appear pro hac vice #38 on behalf of the defendants is granted. Mailed notice (mjc, )
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Filing 38
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17460112. (Westerhaus, John)
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Filing 37
MINUTE entry before the Honorable John F. Kness: The telephonic status hearing set for 9/17/20 is stricken and reset to 10/6/20 at 9:30 a.m. Counsel are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking.Mailed notice (mjc, )
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Filing 36
RESPONSE by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripain Opposition to MOTION by Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. to stay Discovery #30 (Tidwall, Karen)
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Filing 35
REPLY by Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. Opposed and Opposed Motion #23 (Bozeman, Melissa)
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Filing 34
RESPONSE by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripain Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. Opposed and Opposed Motion #23 (Tidwall, Karen)
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Filing 33
MINUTE entry before the Honorable John F. Kness: Plaintiffs' motion #32 for leave to file a 17-page response to Defendants' motion to dismiss #23 is granted. Plaintiffs' response must be filed on or before August 27, 2020. Defendants' reply, if any, must be filed on or before September 11, 2020. Mailed notice (ags)
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Filing 32
MOTION by Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa for leave to file excess pages [RENEWED] and Plaintiffs' Unopposed Motion to File Brief Out of Time (Tidwall, Karen)
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Filing 31
MINUTE entry before the Honorable John F. Kness: Plaintiff's response to the motion to stay #30 is due by 9/14/2020; reply by 9/21/2020. Mailed notice (ags)
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Filing 30
MOTION by Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. to stay Discovery (Bozeman, Melissa)
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Filing 29
MINUTE entry before the Honorable John F. Kness: Plaintiffs' unopposed motion for leave to file an oversized response brief in opposition to Defendants' motion to dismiss #27 is denied. There are two reasons for this ruling: (1) Plaintiff's motion was filed on the day that their response brief was due; and (2) the motion does not specify how many excess pages Plaintiffs seek. As to the first reason, the deadline of August 18, 2020 was the date the response brief itself was due; it was not a deadline to file an ancillary motion regarding the brief. Defendants presumably knew earlier than August 18 that they would seek to file an oversized brief, so it is unclear why the motion for leave to file an oversized brief was not submitted early enough to allow a ruling such that the brief itself could then be filed on time. As to the second reason, it is up to Plaintiffs to state how many excess pages they seek; it is not the Court's province to estimate what might be the necessary and appropriate number. Accordingly, the motion #27 is denied. Plaintiff has leave to submit, on or before 5:00 p.m. CDT on Monday, August 24, 2020, a renewed motion for leave to file excess pages that identifies the number of pages sought and provides sufficient justification for extra pages. And given that the filing deadline for the response to the motion to dismiss has passed, Plaintiff must also seek leave to file its response out of time. Plaintiff should note that the Court will likely be inclined to grant this aspect of the motion. Mailed notice (ags)
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Filing 28
RESPONSE by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripain Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. Opposed and Opposed Motion #23 (Tidwall, Karen)
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Filing 27
MOTION by Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa for leave to file excess pages (Tidwall, Karen)
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Filing 26
MINUTE entry before the Honorable John F. Kness: Telephone status hearing held. Mandatory initial disclosures are due by 9/28/2020. Any motion to stay discovery is due by 8/21/2020; response by 8/28/2020; reply (if any) by 9/4/2020. Telephone status hearing is set for 9/17/2020 at 9:30 a.m. Mailed notice (ags)
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Filing 25
Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) (Joint), filed by Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa. (Tidwall, Karen)
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Filing 24
MINUTE entry before the Honorable John F. Kness: The Court sets the following briefing schedule regarding Defendants' opposed motion to dismiss and opposed motion for a more definite statement #23 : plaintiffs' response is to be filed by 8/18/20, and defendants' reply is to be filed by 9/01/20. Mailed notice. (jj, )
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Filing 23
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. Opposed and Opposed Motion for a More Definite Statement (Bozeman, Melissa)
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Filing 22
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 21
MINUTE entry before the Honorable John F. Kness: For the telephonic initial status hearing on August 6, 2020, counsel are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, )
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Filing 20
ORDER signed by the Honorable John F. Kness on 7/2/2020: Telephonic initial status hearing set for August 6, 2020 at 9:30 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than three business days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. Mailed notice(ef, )
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Filing 19
WAIVER OF SERVICE returned executed by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Joel Sjostrom, Frank Hovar, Kevin Dale, Fortunato Salamone, Jamie Lawson, Chris Wood, Glen Turpoff, Michael Leopardo, Jose Zamarripa, Brad Long. Stephen Curry waiver sent on 5/19/2020, answer due 7/20/2020. (Levy, Joshua)
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Filing 18
WAIVER OF SERVICE returned executed by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Joel Sjostrom, Frank Hovar, Kevin Dale, Fortunato Salamone, Jamie Lawson, Chris Wood, Glen Turpoff, Michael Leopardo, Jose Zamarripa, Brad Long. NFP Corp. waiver sent on 5/19/2020, answer due 7/20/2020. (Levy, Joshua)
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Filing 17
WAIVER OF SERVICE returned executed by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Joel Sjostrom, Frank Hovar, Kevin Dale, Fortunato Salamone, Jamie Lawson, Chris Wood, Glen Turpoff, Michael Leopardo, Jose Zamarripa, Brad Long. Kestra Investment Services, LLC waiver sent on 5/19/2020, answer due 7/20/2020. (Levy, Joshua)
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Filing 16
WAIVER OF SERVICE returned executed by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Joel Sjostrom, Frank Hovar, Kevin Dale, Fortunato Salamone, Jamie Lawson, Chris Wood, Glen Turpoff, Michael Leopardo, Jose Zamarripa, Brad Long. Kestra Financial, Inc. waiver sent on 5/19/2020, answer due 7/20/2020. (Levy, Joshua)
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Filing 15
WAIVER OF SERVICE returned executed by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Joel Sjostrom, Frank Hovar, Kevin Dale, Fortunato Salamone, Jamie Lawson, Chris Wood, Glen Turpoff, Michael Leopardo, Jose Zamarripa, Brad Long. Kestra Advisory Services, LLC waiver sent on 5/19/2020, answer due 7/20/2020. (Levy, Joshua)
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Filing 14
WAIVER OF SERVICE returned executed by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Joel Sjostrom, Frank Hovar, Kevin Dale, Fortunato Salamone, Jamie Lawson, Chris Wood, Glen Turpoff, Michael Leopardo, Jose Zamarripa, Brad Long. Jerry Korchak waiver sent on 5/19/2020, answer due 7/20/2020. (Levy, Joshua)
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Filing 13
WAIVER OF SERVICE returned executed by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Joel Sjostrom, Frank Hovar, Kevin Dale, Fortunato Salamone, Jamie Lawson, Chris Wood, Glen Turpoff, Michael Leopardo, Jose Zamarripa, Brad Long. Benefit Planning Services, Inc. waiver sent on 5/19/2020, answer due 7/20/2020. (Levy, Joshua)
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Filing 12
MINUTE entry before the Honorable John F. Kness: Motions by counsel to appear pro hac vice #10 and #11 are granted. Mailed notice (ef, )
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Filing 11
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17092347. (Bozeman, Melissa)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17092134. (Griffin, Oliver)
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Filing 9
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 8
ATTORNEY Appearance for Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. by Kimberly Michelle Hare (Hare, Kimberly)
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Filing 7
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ec, )
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Filing 6
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Plaintiffs re complaint, #1 (Tidwall, Karen)
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Filing 4
ATTORNEY Appearance for Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa by Karen L. Tidwall (Tidwall, Karen)
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Filing 3
ATTORNEY Appearance for Plaintiffs Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Kevin Dale, Frank Hovar, Jamie Lawson, Michael Leopardo, Brad Long, Fortunato Salamone, Joel Sjostrom, Glen Turpoff, Chris Wood, Jose Zamarripa by Joshua B. Levy (Levy, Joshua)
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Filing 2
CIVIL Cover Sheet (Levy, Joshua)
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Filing 1
COMPLAINT filed by Board of Trustees of the NORTHERN ILLINOIS ANNUITY FUND AND PLAN, on behalf of the Participants of the Northern Illinois Annuity Fund and Plan, Joel Sjostrom, Frank Hovar, Kevin Dale, Fortunato Salamone, Jamie Lawson, Chris Wood, Glen Turpoff, Michael Leopardo, Jose Zamarripa, Brad Long; Filing fee $ 400, receipt number 0752-17022653.(Levy, Joshua)
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SUMMONS Issued as to Defendants Benefit Planning Services, Inc., Stephen Curry, Kestra Advisory Services, LLC, Kestra Financial, Inc., Kestra Investment Services, LLC, Jerry Korchak, NFP Corp. (ng, )
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CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (acm, )
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Filing 5
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice (ec, )
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