Symbria, Inc. et al v. Callen et al

Symbria, Inc. et al v. Callen et al

Case Number:	1:2020cv04084
Filed:	January 6, 2022
Court:	US District Court for the Northern District of Illinois
Office:	Chicago Office
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1331 Federal Question

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Date Filed	Document Text
November 14, 2022	Filing 603 MEMORANDUM Opinion and Order: This Court grants Plaintiffs' motion for leave to file a fourth amended complaint 542 , grants Plaintiffs' motion to strike Dilmas' and Chicago Rehab's counterclaims 493 , and grants Plaintiffs 9; motion to dismiss UMHS' counterclaims 491 . In light of the foregoing, this Court denies with prejudice Plaintiffs' motions to strike the Defendants' affirmative defenses 495 ; 497 ; 499 ; 501 . Plaintiffs are directed to file the fourth amended complaint as a separate docket entry by November 17, 2022. Defendants shall answer by December 15, 2022. UMHS may file an amended counterclaim by December 15, 2022. Signed by the Honorable Mary M. Rowland on 11/14/2022. (See attached Order for further detail.) Mailed notice. (dm, )
January 6, 2022	Filing 402 MEMORANDUM Opinion and Order: This Court grants in part and denies in part Defendants' motions to dismiss the TAC 164 . See 210 ; 212 ; 214 ; 215 . As a result of this Court rulings, Plaintiffs' request for statutory damages and att orney's fees in Count XII (copyright infringement) are hereby stricken. The Court also dismisses Counts V, VIII and XVI with prejudice. Counts XIII and XV are dismissed based on settlement. The motions to dismiss are otherwise denied. This Cou rt additionally denies Callen and the corporate Defendants' motion to strike 253 . Although they argue discovery has irrefutably established that certain allegations in the TAC are inaccurate, the fact "that an allegation may later end up being irrelevant, inadmissible, or even untruthful does not mean that it must be stricken from the pleadings." Conner v. Bd. of Trustees for Univ. of Ill., No. 19 CV 846, 2019 WL 5179625, at *10 (N.D. Ill. Oct. 15, 2019). This Court declines to strike any of the TAC's allegations. To the extent Defendants wish to attack the truthfulness of Plaintiffs' allegations, summary judgment remains the appropriate vehicle to do so. Defendants are ordered to answer the TAC by February 2, 2022. Signed by the Honorable Mary M. Rowland on 1/6/2022. (See attached Order for further detail.) Mailed notice. (dm, )

Date Filed

Document Text

November 14, 2022

Filing 603 MEMORANDUM Opinion and Order: This Court grants Plaintiffs' motion for leave to file a fourth amended complaint 542 , grants Plaintiffs' motion to strike Dilmas' and Chicago Rehab's counterclaims 493 , and grants Plaintiffs 9; motion to dismiss UMHS' counterclaims 491 . In light of the foregoing, this Court denies with prejudice Plaintiffs' motions to strike the Defendants' affirmative defenses 495 ; 497 ; 499 ; 501 . Plaintiffs are directed to file the fourth amended complaint as a separate docket entry by November 17, 2022. Defendants shall answer by December 15, 2022. UMHS may file an amended counterclaim by December 15, 2022. Signed by the Honorable Mary M. Rowland on 11/14/2022. (See attached Order for further detail.) Mailed notice. (dm, )

January 6, 2022

Filing 402 MEMORANDUM Opinion and Order: This Court grants in part and denies in part Defendants' motions to dismiss the TAC 164 . See 210 ; 212 ; 214 ; 215 . As a result of this Court rulings, Plaintiffs' request for statutory damages and att orney's fees in Count XII (copyright infringement) are hereby stricken. The Court also dismisses Counts V, VIII and XVI with prejudice. Counts XIII and XV are dismissed based on settlement. The motions to dismiss are otherwise denied. This Cou rt additionally denies Callen and the corporate Defendants' motion to strike 253 . Although they argue discovery has irrefutably established that certain allegations in the TAC are inaccurate, the fact "that an allegation may later end up being irrelevant, inadmissible, or even untruthful does not mean that it must be stricken from the pleadings." Conner v. Bd. of Trustees for Univ. of Ill., No. 19 CV 846, 2019 WL 5179625, at *10 (N.D. Ill. Oct. 15, 2019). This Court declines to strike any of the TAC's allegations. To the extent Defendants wish to attack the truthfulness of Plaintiffs' allegations, summary judgment remains the appropriate vehicle to do so. Defendants are ordered to answer the TAC by February 2, 2022. Signed by the Honorable Mary M. Rowland on 1/6/2022. (See attached Order for further detail.) Mailed notice. (dm, )

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