RSC Insurance Brokerage, Inc. v. Largay
| RSC INSURANCE BROKERAGE, INC. |
| ROBERT LARGAY |
| 1:2020cv03939 |
| July 6, 2020 |
| US District Court for the Northern District of Illinois |
| Harry D Leinenweber |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.
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| Filing 81 MINUTE entry before the Honorable Harry D. Leinenweber: Motion to withdraw Gabriel Shechter as attorney #80 is granted. Mailed notice(maf) |
| Filing 80 MOTION by Attorney Gabriel Shechter to withdraw as attorney for Robert Largay. No party information provided (Shechter, Gabriel) |
| Filing 79 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic status hearing held. Plaintiff cited 9 U.S.C. 3, arguing the provision mandates a stay because the issue involved here is referable to arbitration under the parties' agreement. The Court disagrees. The issue here concerns injunctive relief whereas the arbitration will address claims for monetary damages, and the parties' agreement expressly excludes claims for injunctive relief as non-arbitrable. (Agreement 9 [68-1].) The Court also reviewed the case cited by Plaintiff, Knorr Brake Corp. v. Harbil, Inc., et al., 556 F. Supp. 489 (N.D. Ill. 1983), and finds it materially distinguishable. Specifically, the Court notes the party requesting a stay in that case was the enjoined party. That is not the case here. Thus, the Court denies RSC's Motion to Stay #68 . The Court adopts Defendant's proposed discovery schedule. #74 . The schedule is set as follows: 1) Rule 26(a)(1) initial disclosures 8/25/20; 2) Deadline to amend the pleadings 9/11/20; 3) Deadline for Plaintiff to serve supplemental expert reports 12/11/20; 4) Deadline for Defendant to serve supplemental expert reports 1/15/20; 5) Close of all discovery 2/8/21; 6) Dispositive motions 3/19/21; and 7) Trial date to be set following ruling on dispositive motions. The Court also denies Plaintiff's Motion to Redact the July 21, 2020 Hearing Transcript #70 . The transcript has been on the public docket for several weeks and was disclosed at a public hearing. Any additional motions to seal or redact transcripts should be made at the hearing in question. Mailed notice (maf) |
| Filing 78 SUPPLEMENT to response in opposition to motion #73 to stay proceedings pending arbitration #68 (Duffey, Patrick) |
| Filing 77 ATTORNEY Appearance for Defendant Robert Largay by Patrick R Duffey (Duffey, Patrick) |
| Filing 76 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic status hearing set for 8/18/20 at 9:00 a.m. is re-set to 8/18/20 at 10:15 a.m. Mailed notice (maf) |
| Filing 75 Plaintiff's Proposed Discovery Schedule by RSC Insurance Brokerage, Inc. (Grant, Michael) |
| Filing 74 Defendant's Proposed Discovery Schedule by Robert Largay (Shechter, Gabriel) |
| Filing 73 RESPONSE by Robert Largayin Opposition to MOTION by Plaintiff RSC Insurance Brokerage, Inc. to stay proceedings pending arbitration #68 (Shechter, Gabriel) |
| Filing 72 ATTORNEY Appearance for Defendant Robert Largay by Patrick R Duffey (Duffey, Patrick) |
| Filing 71 Plaintiff's Motion to Redact the July 21, 2020 Hearing Transcript NOTICE of Motion by John Matthew Fitzgerald for presentment of (Fitzgerald, John) |
| Filing 70 MOTION to Redact transcript #44 July 21, 2020 Hearing Transcript (Fitzgerald, John) |
| Filing 69 NOTICE of Motion by John Matthew Fitzgerald for presentment of motion to stay #68 before Honorable Harry D. Leinenweber on 8/18/2020 at 09:00 AM. (Fitzgerald, John) |
| Filing 68 MOTION by Plaintiff RSC Insurance Brokerage, Inc. to stay proceedings pending arbitration (Attachments: #1 Exhibit A)(Fitzgerald, John) |
| Filing 67 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic status hearing held and continued to 8/18/20 at 9:00 a.m. Mailed notice (maf) |
| Filing 66 INJUNCTION BOND BOND in the amount of $ 1,000.00 posted by RSC Insurance Brokerage, Inc. (Document not scanned) (ec, ) |
| Filing 65 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 8/4/2020 at 1:30 p.m. Mailed notice(maf) |
Filing 64
ORDER: Motion in limine #32 is moot. For the reasons stated herein, Plaintiff RSC Insurance Brokerage, Inc.'s ("RSC") Motion for Preliminary Injunction (Dkt. No. 33) against Defendant Robert Largay ("Largay") is granted in part and denied in part. See order attached. Signed by the Honorable Harry D. Leinenweber on 7/30/2020:Mailed notice(maf)
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| Filing 63 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic hearing held on 7/29/2020. All pending matters are taken under advisement. The Court will rule by mail. Mailed notice (maf) |
| Filing 62 SEALED DOCUMENT by Defendant Robert Largay Defendant's Exhibits in Support of Brief in Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Giannone Dep. Ex. 08, #5 Giannone Dep. Ex. 11, #6 Giannone Dep. Ex. 13, #7 Giannone Dep. Ex. 18, #8 Giannone Dep. Ex. 22, #9 Giannone Dep. Ex. 23, #10 Giannone Dep. Ex. 28, #11 Giannone Dep. Ex. 29, #12 Giannone Dep. Ex. 30, #13 Giannone Dep. Ex. 31, #14 Giannone Dep. Ex. 32, #15 Giannone Dep. Ex. 33, #16 Giannone Dep. Ex. 34, #17 Giannone Dep. Ex. 35, #18 Giannone Dep. Ex. 36, #19 Gilbert Dep. Ex. 09, #20 Gilbert Dep. Ex. 10, #21 Largay Dep. Ex. 02, #22 Largay Dep. Ex. 23, #23 Largay Dep. Ex. 24, #24 Largay Dep. Ex. 25, #25 Largay Dep. Ex. 26)(Shechter, Gabriel) |
| Filing 61 SEALED DOCUMENT by Plaintiff RSC Insurance Brokerage, Inc. Second Supplemental Declaration of Steven Giannone (Fitzgerald, John) |
| Filing 60 SEALED DOCUMENT by Defendant Robert Largay Deposition Designations of Robert Largay (Shechter, Gabriel) |
| Filing 59 SEALED DOCUMENT by Defendant Robert Largay Deposition Designations of Jonathan Gilbert (Shechter, Gabriel) |
| Filing 58 SEALED DOCUMENT by Defendant Robert Largay Deposition Designations of Steven Giannone (Shechter, Gabriel) |
| Filing 57 SEALED DOCUMENT by Defendant Robert Largay Declaration of James D. Vaughn (Shechter, Gabriel) |
| Filing 56 SEALED DOCUMENT by Defendant Robert Largay Declaration of George G. Strong, Jr. (Shechter, Gabriel) |
| Filing 55 MINUTE entry before the Honorable Harry D. Leinenweber: Motion to seal #51 is granted. All parties are granted leave to file any future documents under seal. Mailed notice(maf) |
| Filing 54 Notice of Motion for Leave to File Supplemental Declarations Under Seal NOTICE of Motion by Gabriel Shechter for presentment of motion to seal #51 before Honorable Harry D. Leinenweber on 7/29/2020 at 02:00 PM. (Shechter, Gabriel) |
| Filing 53 SEALED DOCUMENT by Defendant Robert Largay Declaration of John Gilbert (Shechter, Gabriel) |
| Filing 52 SEALED DOCUMENT by Defendant Robert Largay Supplemental Declaration of Robert Largay (Shechter, Gabriel) |
| Filing 51 MOTION by Defendant Robert Largay to seal Motion to File Supplemental Declarations Under Seal (Shechter, Gabriel) |
| Filing 50 MINUTE entry before the Honorable Harry D. Leinenweber: Plaintiff's motion to seal Second Supplemental Declaration of Steven Giannone #46 is granted. Mailed notice(maf) |
| Filing 49 ANSWER to Complaint by Robert Largay(Shechter, Gabriel) |
| Filing 48 NOTICE of Motion by John Matthew Fitzgerald for presentment of motion to seal #46 before Honorable Harry D. Leinenweber on 7/29/2020 at 2:00 PM. (Fitzgerald, John) Modified on 7/28/2020 (smm, ). |
| Filing 47 SEALED DOCUMENT by Plaintiff RSC Insurance Brokerage, Inc. Second Supplemental Declaration of Steven Giannone (Fitzgerald, John) |
| Filing 46 MOTION by Plaintiff RSC Insurance Brokerage, Inc. to seal Second Supplemental Declaration of Steven Giannone (Fitzgerald, John) |
| Filing 45 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic hearing set for 7/29/20 at 10:00 a.m. is re-set to 7/29/20 at 2:00 p.m. All motions are entered and continued to 7/29/20 at 2:00 p.m. Mailed notice (maf) |
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Filing 44
TRANSCRIPT OF PROCEEDINGS held on 7/21/20 before the Honorable Harry D. Leinenweber. Court Reporter Contact Information: Jennifer Costales, CRR, RMR, jenny.uscra@yahoo.com, (312)435-5895. |
| Filing 43 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic hearing held and continued to 7/29/20 at 10:00 a.m. All motions are entered and continued to 7/29/20 at 10:00 a.m. Mailed notice (maf) |
| Filing 42 SEALED DOCUMENT by Plaintiff RSC Insurance Brokerage, Inc. Memorandum in Support of Motion for Preliminary Injunction with Exhibits 1-59 (Attachments: #1 Exhibit 1-22, #2 Exhibit 23 (Part 1), #3 Exhibit 23 (Part 2), #4 Exhibit 24-48, #5 Exhibit 49-59)(Fitzgerald, John) |
| Filing 41 MINUTE entry before the Honorable Harry D. Leinenweber: Motions to seal, to file in excess pages and leave to file an oversized brief are granted [26, 27, 30, 34, 36]. Mailed notice(maf) |
| Filing 40 ATTORNEY Appearance for Plaintiff RSC Insurance Brokerage, Inc. by Jacob Bradley Berger (Berger, Jacob) |
| Filing 39 NOTICE of Motion by John Matthew Fitzgerald for presentment of motion for preliminary injunction #33 before Honorable Harry D. Leinenweber on 7/21/2020 at 09:30 AM. (Fitzgerald, John) |
| Filing 38 NOTICE of Motion by John Matthew Fitzgerald for presentment of motion for leave to file #36 before Honorable Harry D. Leinenweber on 7/21/2020 at 09:30 AM. (Fitzgerald, John) |
| Filing 37 NOTICE of Motion by John Matthew Fitzgerald for presentment of motion to seal #34 before Honorable Harry D. Leinenweber on 7/21/2020 at 09:30 AM. (Fitzgerald, John) |
| Filing 36 MOTION by Plaintiff RSC Insurance Brokerage, Inc. for leave to file an Oversized Brief (Attachments: #1 Exhibit Exhibit A)(Fitzgerald, John) |
| Filing 35 SEALED EXHIBIT by Plaintiff RSC Insurance Brokerage, Inc. Memorandum In Support of Motion for Preliminary Injunction regarding MOTION by Plaintiff RSC Insurance Brokerage, Inc. to seal Memorandum in Support of Motion for Preliminary Injunction #34 (Fitzgerald, John) |
| Filing 34 MOTION by Plaintiff RSC Insurance Brokerage, Inc. to seal Memorandum in Support of Motion for Preliminary Injunction (Fitzgerald, John) |
| Filing 33 MOTION by Plaintiff RSC Insurance Brokerage, Inc. for preliminary injunction (Fitzgerald, John) |
| Filing 32 MOTION by Defendant Robert Largayin limine (Redacted) (Attachments: #1 Declaration Exhibit A to Defendant's Motion in Limine)(Shechter, Gabriel) |
| Filing 31 SEALED DOCUMENT by Defendant Robert Largay Motion in Limine (Attachments: #1 Declaration Exhibit A to Defendant's Motion in Limine)(Shechter, Gabriel) |
| Filing 30 MOTION by Defendant Robert Largay for leave to file Motion in Limine and Exhibits Thereto Under Seal (Shechter, Gabriel) |
| Filing 29 SUPPLEMENT to Defendant's Brief in Opposition to Plaintiff's Motion for Preliminary Injunction (Redacted) (Shechter, Gabriel) |
| Filing 28 SEALED DOCUMENT by Defendant Robert Largay Supplemental Brief In Opposition to Plaintiff's Motion for Preliminary Injunction (Shechter, Gabriel) |
| Filing 27 MOTION by Defendant Robert Largay for leave to file Brief and Certain Exhibits Under Seal (Shechter, Gabriel) |
| Filing 26 MOTION by Defendant Robert Largay for leave to file excess pages (Shechter, Gabriel) |
| Filing 25 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic status hearing set for 7/21/20 at 10:00 a.m. is re-set to 7/21/20 at 9:30 a.m. Dial in information will be provied. Mailed notice (maf) |
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Filing 24
ORDER: Unopposed Motion for Entry of an Agreed Protective Order #23 is granted. See attached order. Signed by the Honorable Harry D. Leinenweber on 7/15/2020: Mailed notice (maf)
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| Filing 23 MOTION by Plaintiff RSC Insurance Brokerage, Inc. for protective order Unopposed Motion for Entry of an Agreed Protective Order (Attachments: #1 Exhibit Exhibit 1 - Proposed Agreed Confidentiality Order, #2 Exhibit Exhibit 2 - Redline of Proposed Agreed Protective Order)(Fitzgerald, John) |
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Filing 22
ORDER: Pro hac vice motions are granted [19, 21]. Signed by the Honorable Harry D. Leinenweber on 7/14/2020. Mailed notice (rp, )
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| Filing 21 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17211809. Lorraine M. Casto (Shechter, Gabriel) |
| Filing 20 TRANSCRIPT OF PROCEEDINGS held on July 7, 2020 before the Honorable Harry D. Leinenweber. Order Number: 38761, 38774. Court Reporter Contact Information: Nancy L. Bistany - nancy_bistany@ilnd.uscourts.gov - 312.435.7626. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/3/2020. Redacted Transcript Deadline set for 8/13/2020. Release of Transcript Restriction set for 10/13/2020. (Bistany, Nancy) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17210286. (Fischer, Debra) |
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Filing 18
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. (Clerk10, Docket)
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Filing 17
ORDER Pro hac vice motion is granted #15 . Signed by the Honorable Harry D. Leinenweber on 7/7/2020: Mailed notice (ec, )
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Filing 16
ORDER: Motion hearing held. For the reasons stated on the record, Plaintiff RSC's Motion for Temporary Restraining Order #4 is granted as detailed in the accompanying Order. Further, RSC's Motion for Leave to Conduct Expedited Discovery #6 is granted as follows: the parties shall meet and confer in good faith to discuss and agree upon an expedited discovery schedule and the reasonable scope of discovery. The parties shall make a reasonable effort to accommodate one another and discuss possible resolution of this matter. Defendant's motion for leave to file in excess pages #11 is granted. Telephonic status hearing is set for 7/21/20 at 10:00 a.m. Signed by the Honorable Harry D. Leinenweber on 7/7/2020: Mailed notice (maf)
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| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17178020. Motion for Seth Gerber to Appear Pro Hac Vice (Shechter, Gabriel) |
| Filing 14 ATTORNEY Appearance for Defendant ROBERT LARGAY by Gabriel Shechter (Shechter, Gabriel) |
| Filing 13 RESPONSE by ROBERT LARGAYin Opposition to MOTION by Plaintiff RSC INSURANCE BROKERAGE, INC. to expedite discovery #6 (Shechter, Gabriel) |
| Filing 12 RESPONSE by ROBERT LARGAYin Opposition to MOTION by Plaintiff RSC INSURANCE BROKERAGE, INC. for temporary restraining order #4 (Attachments: #1 Declaration, #2 Declaration, #3 Declaration)(Shechter, Gabriel) |
| Filing 11 MOTION by Defendant ROBERT LARGAY for leave to file excess pages (Shechter, Gabriel) |
| Filing 10 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic motion hearing is set for 7/7/2020 at 10:00 a.m. re: plaintiff's motion for temporary restraining order #4 . Dial in information will be emailed. Mailed notice(maf) |
| Filing 9 ATTORNEY Appearance for Plaintiff RSC INSURANCE BROKERAGE, INC. by Jordan E. Wilkow (Wilkow, Jordan) |
| Filing 8 ATTORNEY Appearance for Plaintiff RSC INSURANCE BROKERAGE, INC. by Michael J Grant (Grant, Michael) |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by RSC INSURANCE BROKERAGE, INC. (Fitzgerald, John) |
| Filing 6 MOTION by Plaintiff RSC INSURANCE BROKERAGE, INC. to expedite discovery (Attachments: #1 Exhibit Group Exhibit 1)(Fitzgerald, John) |
| Filing 5 DECLARATION of Steven Giannone regarding motion for temporary restraining order #4 (Fitzgerald, John) |
| Filing 4 MOTION by Plaintiff RSC INSURANCE BROKERAGE, INC. for temporary restraining order (Fitzgerald, John) |
| Filing 3 ATTORNEY Appearance for Plaintiff RSC INSURANCE BROKERAGE, INC. by John Matthew Fitzgerald (Fitzgerald, John) |
| Filing 2 COMPLAINT filed by RSC INSURANCE BROKERAGE, INC.; Filing fee $ 400, receipt number 0752-17176197. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fitzgerald, John) |
| Filing 1 CIVIL Cover Sheet (Fitzgerald, John) |
| CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (exr, ) |
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