Tekway Inc. v. AT&T Services, Inc.
Plaintiff: Tekway Inc.
Defendant: AT&T Services, Inc.
Case Number: 1:2020cv04095
Filed: July 10, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: Thomas M Durkin
Referring Judge: Gabriel A Fuentes
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2023 Opinion or Order Filing 107 MINUTE entry before the Honorable Thomas M. Durkin: The stay is continued. A written status report is due by 10/16/2023, or when there is any resolution of the Texas appeal, whichever is sooner. Mailed notice. (ecw, )
June 16, 2023 Opinion or Order Filing 106 STATUS Report Joint by AT&T Services, Inc. (Clarke, Ariel)
March 7, 2023 Opinion or Order Filing 105 MINUTE entry before the Honorable Thomas M. Durkin: The motion for summary judgment #87 is denied without prejudice in light of the stay pending appeal in the Texas state appeal. Mailed notice. (ecw, )
February 24, 2023 Opinion or Order Filing 104 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 3/3/2023 is vacated. A joint status report is due by 6/26/2023, or 30 days after Tekway files its appellate brief, whichever occurs first. Mailed notice. (ecw, )
February 24, 2023 Opinion or Order Filing 103 STATUS Report [Joint] by AT&T Services, Inc. (Clarke, Ariel)
November 29, 2022 Opinion or Order Filing 102 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion to stay summary judgment #95 is granted. The parties should file a joint status report regarding the Texas state appeal on 2/24/2023 or within 30 days of Tekway filing its brief in the Texas appeal, whichever comes first. A telephone status hearing is set for 3/3/2023 at 9:15 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
October 24, 2022 Opinion or Order Filing 101 RESPONSE by AT&T Services, Inc. to MOTION by Plaintiff Tekway Inc. to stay regarding MOTION by Defendant AT&T Services, Inc. for summary judgment #87 #95 (Clarke, Ariel)
October 19, 2022 Opinion or Order Filing 100 MINUTE entry before the Honorable Thomas M. Durkin: Motion to withdraw as attorney #99 is granted. Attorneys Casey M. Kaiser and Kathryn E. Siegel terminated. Mailed notice. (ecw, )
October 19, 2022 Opinion or Order Filing 99 MOTION by Attorney Kathryn Siegel and Casey Kaiser to withdraw as attorney for AT&T Services, Inc.. No party information provided (Clarke, Ariel)
October 14, 2022 Opinion or Order Filing 98 MINUTE entry before the Honorable Thomas M. Durkin: The parties have agreed to the following briefing schedule as to the motion to stay #95 : AT&T's response is due by 10/26/2022; Tekway's reply is due by 11/2/2022. Mailed notice. (ecw, )
October 12, 2022 Opinion or Order Filing 97 MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time to file reply #96 is granted. AT&T Services, Inc.'s deadline for it to file its Reply is stayed until after a ruling on Tekway, Inc.'s Motion to Stay. The parties are to send Judge Durkin's courtroom deputy an agreed briefing schedule on the Motion to Stay, or if no agreement is reached, each side's proposed briefing schedule, by 10/14/2022. Mailed notice. (ecw, )
October 10, 2022 Opinion or Order Filing 96 MOTION by Defendant AT&T Services, Inc. for extension of time to file response/reply as to motion for summary judgment #87 [In Support Of] (Clarke, Ariel)
September 28, 2022 Opinion or Order Filing 95 MOTION by Plaintiff Tekway Inc. to stay regarding MOTION by Defendant AT&T Services, Inc. for summary judgment #87 (Mathias, Damon)
September 28, 2022 Opinion or Order Filing 94 RULE 56.1(a)(2) & (3) Statement by Tekway Inc. regarding motion for summary judgment #87 (Attachments: #1 Exhibit Exhibit 1A-3, #2 Exhibit Exhibit 4-8, #3 Appendix Appendix)(Mathias, Damon)
September 28, 2022 Opinion or Order Filing 93 RESPONSE by Tekway Inc.in Opposition to MOTION by Defendant AT&T Services, Inc. for summary judgment #87 (Mathias, Damon)
September 17, 2022 Opinion or Order Filing 92 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's unopposed motion for an extension of time to file its response to defendant's motion for judgment on the pleadings or, in the alternative, for summary judgment #91 is granted. The briefing schedule is extended on the motion for summary judgment #87 as follows: Plaintiff's response due by 9/28/2022; defendant's reply is due by 10/12/2022. Mailed notice (mjc, )
September 15, 2022 Opinion or Order Filing 91 MOTION by Plaintiff Tekway Inc. for extension of time to file response/reply TO DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS OR, IN THE ALTERNATIVE, FOR SUMMARY JUDGMENT (Mathias, Damon)
August 19, 2022 Opinion or Order Filing 90 APPENDIX memorandum in support of motion #88 , Rule 56 statement #89 (Attachments: #1 Exhibit 1-5, #2 Exhibit 6-10, #3 Exhibit 11-13)(Clarke, Ariel)
August 19, 2022 Opinion or Order Filing 89 RULE 56 (a)(3) Statement by AT&T Services, Inc. regarding motion for summary judgment #87 (Clarke, Ariel)
August 19, 2022 Opinion or Order Filing 88 MEMORANDUM by AT&T Services, Inc. in support of motion for summary judgment #87 (Clarke, Ariel)
August 19, 2022 Opinion or Order Filing 87 MOTION by Defendant AT&T Services, Inc. for summary judgment (Clarke, Ariel)
August 17, 2022 Opinion or Order Filing 86 MINUTE entry before the Honorable Thomas M. Durkin:Motion for extension of time #85 is granted. Defendant is to file its motion by 8/19/2022. Response is due by 9/19/2022. Reply is due by 10/3/2022. Mailed notice. (ecw, )
August 16, 2022 Opinion or Order Filing 85 MOTION by Defendant AT&T Services, Inc. for extension of time [Second] to File Its Motion for Judgment on the Pleadings, or in the Alternative, Summary Judgment (Clarke, Ariel)
August 11, 2022 Opinion or Order Filing 84 MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time and motion to exceed the page limit #83 is granted. Defendant is to file its motion by 8/17/2022. Response is due by 9/16/2022. Reply is due by 9/30/2022. Defendant's brief in support and plaintiff's response brief may each have up to three additional pages. Mailed notice. (ecw, )
August 11, 2022 Opinion or Order Filing 83 MOTION by Defendant AT&T Services, Inc. for extension of time [Unopposed] to file its Motion for Judgement on the Pleadings, or in the alternative, Summary Judgment, and to request an additional three pages for its brief in support (Clarke, Ariel)
July 25, 2022 Opinion or Order Filing 82 MINUTE entry before the Honorable Thomas M. Durkin: The Court enters the following briefing schedule for the summary judgment motion. Motion for summary judgment is due by 8/12/2022. Response is due by 9/12/2022. Reply is due by 9/26/2022. Mailed notice. (ecw, )
July 22, 2022 Opinion or Order Filing 81 STATUS Report by AT&T Services, Inc. (Clarke, Ariel)
June 28, 2022 Opinion or Order Filing 80 MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 6/28/2022. Defendant will be filing a motion for summary judgment. The parties are to send an agreed proposed briefing schedule to the courtroom deputy. Mailed notice. (ecw, )
May 12, 2022 Opinion or Order Filing 79 MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 5/12/2022. A telephone status hearing is set for 6/28/2022 at 9:00 a.m., but parties may contact the courtroom deputy to reset the hearing for an earlier date if a ruling is made on the case pending in Texas before that time. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
March 24, 2022 Opinion or Order Filing 78 MINUTE entry before the Honorable Thomas M. Durkin: Off the record summary judgment conference held on 3/24/2022. A telephone status hearing is set for 5/12/2022 at 9:00 a.m., but parties may contact the courtroom deputy to advance or delay the hearing if necessary. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
March 10, 2022 Opinion or Order Filing 77 MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 3/10/2022. Parties are to contact the courtroom deputy to schedule a summary judgment conference. More information on summary judgment conferences can be found on Judge Durkin's webpage. Mailed notice. (ecw, )
March 3, 2022 Opinion or Order Filing 76 MINUTE entry before the Honorable Thomas M. Durkin: A telephone status hearing is set for 3/10/2022 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
March 3, 2022 Opinion or Order Filing 75 MINUTE entry before the Honorable Gabriel A. Fuentes: Upon being advised by email from counsel that plaintiff is withdrawing its motion to compel (doc. #70 ), that motion is terminated. Going forward, counsel are kindly requested to use the CM-ECF filing system, and not email, to advise the Court and the public of such developments as to filed, pending motions. With the motion to compel terminated, and no other discovery issues called to the Court's attention after the discovery cutoff date of 3/1/22, discovery is therefore closed, and the referral is terminated. Mailed notice. (jj, )
February 25, 2022 Opinion or Order Filing 74 STATUS Report [Joint] by AT&T Services, Inc. (Clarke, Ariel)
February 24, 2022 Opinion or Order Filing 73 MINUTE entry before the Honorable Gabriel A. Fuentes: Upon being advised by email today of plaintiff's counsel's unavailability for the whole of the scheduled 2/28/22 hearing on his client's motion to compel (doc. #70 ), the Court strikes the motion hearing and will decide the motion on the written submissions. A briefing schedule on this motion is entered as follows: Plaintiff may file a memorandum in support by no later than 5:00 p.m. on 3/2/22, and defendant is ordered to file its response by no later than 5:00 p.m. on 3/9/22 (the response previously having been optional). If the Court determines that a reply is necessary, the Court will order one. Mailed notice. (jj, )
February 22, 2022 Opinion or Order Filing 72 MINUTE entry before the Honorable Gabriel A. Fuentes: The motion hearing date on the motion to compel (doc. #70 ) is corrected to 1:00 p.m. on 2/28/22. Further, the Court intends to consider the proportionality of the deposition under Rule 26(b)(1) and has reviewed City of Rockford v. Mallinckrodt ARD, Inc., Nos. 17 C 50107, 20 C 50056, 2020 WL 1675593 (N.D. Ill. Apr. 6, 2020), and the cases cited within that opinion. Defendants may file a response by 5:00 p.m. (Central time) on 2/25/22 addressing whether plaintiff has met its burden of making "the strong showing required for an outright denial of the right to depose" Mr. Blase. Id. at *4. The Court is particularly interested in the multifactorial question of whether Tekway may establish that Mr. Blase has "unique personal knowledge of the matter in dispute," whether the information can or could have been garnered from other witnesses or other discovery methods, and whether the witness's sitting for a deposition would impose a hardship in light of his current duties. See id. at *2. The call-in number for the hearing remains unchanged: (888) 684-8852 and the access code is 2006804. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Participants are further directed to keep their devices muted when they are not speaking. Mailed notice. (jj, )
February 18, 2022 Opinion or Order Filing 71 MINUTE entry before the Honorable Gabriel A. Fuentes: On Tekway's motion to compel the defendant of witness Blase (doc. #70), a telephonic hearing on the motion is set for 1 p.m. on 3/28/22. The parties should be prepared to argue the motion at that time, and no further briefing is permitted at this time. The call-in number for the hearing is (888) 684-8852 and the access code is 2006804. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (sxw)
February 18, 2022 Opinion or Order Filing 70 MOTION by Plaintiff Tekway Inc. to compel Deposition of William Blase (Mathias, Damon)
February 17, 2022 Opinion or Order Filing 69 MINUTE entry before the Honorable Thomas M. Durkin: Defendant's motion to stay #28 is denied in accordance with the Court's opinion and order of 6/8/2021 #34 and oral ruling on 6/24/2021 #42 . Mailed notice. (ecw, )
February 7, 2022 Opinion or Order Filing 68 MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' joint status report (doc. #67 ), the 3/1/22 fact discovery cutoff stands and will be the cutoff for all discovery, given the parties' representation that they do not anticipate expert discovery. The report disclosed two possible motions to compel. Any motions to compel discovery are to be filed by no later than noon on 2/18/22 after compliance with Local Rule 37.2, if the disputes are not resolved. A further joint status report on the anticipated closure of discovery is due and to be filed by noon on 2/25/22. Mailed notice. (jj, )
February 7, 2022 Opinion or Order Filing 67 STATUS Report [Joint] by AT&T Services, Inc. (Clarke, Ariel)
December 14, 2021 Opinion or Order Filing 66 MINUTE entry before the Honorable Gabriel A. Fuentes: The parties' joint motion to extend the fact discovery cutoff in this matter to 3/1/22 (doc. #65 ) is granted in view of the parties' report of their efforts to resolve discovery disputes without court intervention. The Court appreciates those efforts. The Court previously described the 12/31/21 fact discovery cutoff date as firm (doc. #57 ), and the extended date of 3/1/22 now should be considered firm. Also, the 1/7/22 status report date is vacated and reset to noon 2/7/22 on anticipated fact discovery schedule and a proposed expert discovery schedule, if expert discovery is anticipated. Mailed notice (yt)
December 13, 2021 Opinion or Order Filing 65 MOTION by Defendant AT&T Services, Inc. for extension of time to complete discovery [Joint] (Siegel, Kathryn)
December 10, 2021 Opinion or Order Filing 64 Corporate Disclosure STATEMENT by AT&T Services, Inc. (Siegel, Kathryn)
December 10, 2021 Opinion or Order Filing 63 Defendant's ANSWER to Complaint and Affirmative Defenses by AT&T Services, Inc.(Siegel, Kathryn)
December 9, 2021 Opinion or Order Filing 62 MINUTE entry before the Honorable Thomas M. Durkin: Motion to appear pro hac vice #61 is granted. Attorney Jaclyn Rose Therese Giffen for AT&T Services, Inc. added. Mailed notice. (ecw, )
December 9, 2021 Opinion or Order Filing 61 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18951163. (Giffen, Jaclyn)
November 10, 2021 Opinion or Order Filing 60 AGREED CONFIDENTIALITY AND FRE 502(D) AND (E) CLAWBACK ORDER. Signed by the Honorable Gabriel A. Fuentes on 11/10/2021. (Exhibits). Mailed notice.(jj, )
November 10, 2021 Opinion or Order Filing 59 MINUTE entry before the Honorable Gabriel A. Fuentes: Plaintiff's motion to compel (doc. #57 ) is denied without prejudice for failure to comply with Local Rule 37.2. This marks the second time in this case (doc. #47 ) that an issue has arisen with respect to the filing of a discovery motion without a full and fair Rule 37.2 conference or a proper Local Rule 37.2 certification. The parties' are kindly requested to comply more vigorously with Local Rule 37.2, not just by properly certifying compliance, but by making an honest effort during the in-person or telephonic conference (as Local Rule 37.2 requires an effort to conduct such a conference, as opposed to relying merely on email) to talk the dispute through and consider how reaching an agreement might be preferable to spending the resource necessary to obtain court intervention and resolution. Separately, the parties' joint motion for entry of confidentiality order (doc. #58 ) is granted. Enter Order (submitted to the Court as Exhibit A to the protective order motion). In addition, the parties are directed that discovery documents may not be filed with the Court under seal unless by motion, and unless the motion complies with the common law of this Circuit. See Bond v. Utreras, 585 F.3d 1061, 1073 (7th Cir. 2009) (noting that public "has a presumptive right to access discovery materials that are filed with the court"); Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 545-46 (7th Cir. 2002) (stating that filed discovery documents "that influence or underpin the judicial decision are open to public inspection unless they meet the definition of trade secrets or other categories of bona fide long-term confidentiality... In civil litigation only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of sexual assault) is entitled to be kept secret"); Union Oil Co. of Cal. v. Leavell, 220 F.3d 562, 567-68 (7th Cir. 2000) ("Many a litigant would prefer that the subject matter of a case... be kept from the curious (including its business rivals and customers), but the tradition that litigation is open to the public is of very long standing."); Citizens First Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945-46 (7th Cir. 1999) (warning courts not to allow parties "to seal whatever they want" and urging them to apply "a neutral balancing of the relevant interests" in connection with any good-cause determination presented by a motion to seal). Parties moving to seal are directed to review the foregoing case law, and any motion to seal will be taken by the Court as a certification that the movant has read the applicable case law and has ensured that it is making a good-faith argument that the document in question qualifies for sealing under the Seventh Circuit's stringent standards. Mailed notice. (jj, )
November 9, 2021 Opinion or Order Filing 58 MOTION by Defendant AT&T Services, Inc. for protective order [Joint] (Siegel, Kathryn)
November 8, 2021 Opinion or Order Filing 57 MOTION by Plaintiff Tekway Inc. to compel (Attachments: #1 Exhibit 1, #2 Exhibit 1A, #3 Exhibit 1B, #4 Exhibit 1C, #5 Exhibit 1D, #6 Exhibit 1E, #7 Exhibit 1F, #8 Exhibit 1G, #9 Exhibit 1H, #10 Exhibit 1I, #11 Exhibit 1J, #12 Exhibit 2)(Mathias, Damon)
November 8, 2021 Opinion or Order Filing 56 MINUTE entry before the Honorable Gabriel A. Fuentes: The Court's proposed order email box has received a proposed agreed confidentiality order but no motion for the entry of such order. The parties are kindly requested once again (doc. #45 ) to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, including the passage in that order about protective orders, and submit their motion (and any revised proposed order) with particular attention to Paragraph 7 of the proposed order. The Court will then act on such motion in the ordinary course. Mailed notice. (jj, )
October 6, 2021 Opinion or Order Filing 55 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 10/22/2021 at 9:00 a.m. is vacated. Mailed notice. (ecw, )
September 30, 2021 Opinion or Order Filing 54 MINUTE entry before the Honorable Thomas M. Durkin: Motion for Withdrawal and Substitution of Counsel #53 is granted. Attorney Kendell Coates terminated. Attorneys Casey Kaiser and Ariel Clarke are granted leave to substitute in as counsel of record for AT&T. Mailed notice. (ecw, )
September 30, 2021 Opinion or Order Filing 53 MOTION by Defendant AT&T Services, Inc. to withdraw Kendell R. Coates, MOTION by Defendant AT&T Services, Inc. to substitute attorney Casey Kaiser and Ariel Clarke (Clarke, Ariel)
September 29, 2021 Opinion or Order Filing 52 MINUTE entry before the Honorable Gabriel A. Fuentes: The Court received notice from one of the parties that defendant will not renew its protective order as a result of further Local Rule 37.2 consultations with plaintiff. The Court commends the parties on their diligence in resolving discovery disagreements without judicial intervention. The Court vacates the briefing schedule entered (doc. #51 ) on 9/22/21. In addition, the parties previously having jointly requested a 60-day extension of the 10/22/21 fact discovery cutoff (doc. #48 ), and the Court having deferred that issue pending resolution of the dispute over the protective order motion (doc. #49 ), the Court now sua sponte extends fact discovery to 12/31/21 to accommodate the parties in the completion of discovery. The parties should consider the date to be firm. A joint status report is due and to be filed by noon on 1/7/22 on the anticipated closure of discovery and whether any expert discovery is proposed; if so, the parties should confer under Rule 26(f) and submit a proposed agreed or contested schedule. If not, all discovery will have closed on 12/31/21, a date that now should be considered firm. Mailed notice. (jj, )
September 22, 2021 Opinion or Order Filing 51 MINUTE entry before the Honorable Gabriel A. Fuentes: The Court apologizes for having added to any confusion over what is supposed to happen on renewal of the defendant AT&T Services's motion for protective order regarding plaintiff's requests for admissions (doc. #43 ). In an effort to conserve public resources, the Court initially noted that a full and fair Rule 37.2 conference had not occurred, and the Court set a schedule for the parties to confer and for defendant to file a renewed motion in the event a proper Rule 37.2 conference did not resolve the dispute (doc. #47 ). The Court also directed that if the renewed motion were to become necessary, "defendant shall share it in a draft form with plaintiff's counsel by noon on 9/14/21, so that plaintiff's counsel may transmit to defense counsel plaintiff's opposition to any such motion for inclusion into the renewed motion to compel." (Id.) Defendant then filed a motion for additional time to renew its motion, to allow time over the important religious holidays for the Rule 37.2 conference (doc. #48 ). The Court readily granted this motion, stating that the renewed motion could be filed by 9/29/21, and directing that "plaintiff" was to supply "defense counsel" with "its response to that motion" by noon on 9/24/21 (doc. #49 ). This order was confusing, in that it did not specify when defendant should supply its draft motion to plaintiff, and the Court compounded the confusion today, when, in an attempt to provide a prompt response to a telephonic request for clarification to chambers, the Court entered an order (doc. #50 ) stating erroneously that the plaintiff was to provide the draft to the defense on 9/24/21, when clearly the intention was to have the defendant give plaintiff the draft so that plaintiff could respond in time for the response to be included in the renewed motion. So, three orders after the Court sought to inject efficiency into the process, the Court hopes to put an end to the confusion by just entering a standard briefing schedule. Renewed motion to compel due and to be filed by noon on 9/29/21, with the required and fully compliant Local Rule 37.2 certification. Response due and to be filed by noon on 10/6/21. No reply is permitted without leave of court. The Court will rule by CM-ECF. The Court again expresses its regret for any confusion. Mailed notice. (jj, )
September 22, 2021 Opinion or Order Filing 50 MINUTE entry before the Honorable Gabriel A. Fuentes: To reiterate, after a telephonic inquiry was received in chambers today: The plaintiff having indicated that the discovery dispute is not resolved and that additional time is needed for filing of the motion to compel, the Court in its last order (doc. #49 ) granted that request and allowed the motion to be filed by 9/29/21. The Court has further directed plaintiff to send a draft of its motion to defense counsel by noon on 9/24/21 so that defense counsel can formulate its response and send that response to plaintiff for inclusion in the motion to compel to be filed on 9/29/21, all with a view toward allowing the Court to decide the question more efficiently. Mailed notice. (jj, )
September 15, 2021 Opinion or Order Filing 49 MINUTE entry before the Honorable Gabriel A. Fuentes: On defendant's motion for extension of time (doc. #48 ), the motion is partially granted and partially denied without prejudice. The extension to 9/29/21 to file the motion for protective order based on requests for admission is granted, with plaintiff to supply defense counsel with its response to that motion by noon on 9/24/21. The request for a 60-day extension of the discovery cutoff of 10/22/21 is denied without prejudice and will be taken up again once the Court resolves any dispute over requests to admit or is advised that such dispute has been resolved without judicial intervention. Mailed notice. (jj, )
September 15, 2021 Opinion or Order Filing 48 MOTION by Defendant AT&T Services, Inc. for extension of time Joint Status Report and Motion for Extension of Discovery and Dates Set Re: Defendant's Motion for Protective Order (Coates, Kendell)
September 7, 2021 Opinion or Order Filing 47 MINUTE entry before the Honorable Gabriel A. Fuentes: On defendant's motion for protective order concerning plaintiff's request for admission (doc. #43), it is plain from plaintiff's response (doc. #46) that although defendant included the required certification of compliance with Local Rule 37.2, a full and fair opportunity to confer in person or by telephone on the disputed requests for admission, or on any attempt to narrow the dispute, did not occur, and plaintiff is open to it occurring. Consequently, the motion is denied without prejudice, and the parties are directed to confer under Local Rule 37.2 and to make themselves available in good faith for such a conference before the close of business on 9/10/21. A renewed motion may be filed (advancing requests for judicial relief only as to the specifically identified Rule 36 requests still in dispute) by noon on 9/17/21, or, alternatively, a status report stating that the conference has rendered the motion unnecessary, by noon on 9/13/21. If a renewed motion is necessary, defendant shall share it in draft form with plaintiff's counsel by noon on 9/14/21, so that plaintiff's counsel may transmit to defense counsel plaintiff's opposition to any such motion for inclusion into the renewed motion to compel for filing on 9/17/21. The parties are encouraged to work reasonably with each other to resolve their disputes as best they can. Mailed notice (lxs, )
September 3, 2021 Opinion or Order Filing 46 RESPONSE by Tekway Inc. to MOTION by Defendant AT&T Services, Inc. for protective order Defendant's Motion for Protective Order Regarding Plaintiff's Request for Admission #43 (Mathias, Damon)
August 27, 2021 Opinion or Order Filing 45 MINUTE entry before the Honorable Gabriel A. Fuentes: This matter coming before the Court on referral for discovery supervision (doc. #44 ) including defendant's motion for protective order (doc. #43 ), with the district court previously having set a discovery cutoff of 10/22/21, the magistrate judge makes no adjustments to the discovery schedule and orders that plaintiff file a written response to the protective order motion by noon on 9/3/21. The Court will then either rule, set a hearing, or seek additional briefing. Further, the parties are directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, available on the Court's website. Mailed notice. (jj, )
August 26, 2021 Opinion or Order Filing 44 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: discovery supervision, including full authority to move deadlines already set if deemed appropriate. Mailed notice. (ecw, )
August 26, 2021 Opinion or Order Filing 43 MOTION by Defendant AT&T Services, Inc. for protective order Defendant's Motion for Protective Order Regarding Plaintiff's Request for Admission (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Coates, Kendell)
June 24, 2021 Opinion or Order Filing 42 MINUTE entry before the Honorable Thomas M. Durkin: Telephone status hearing held on 6/24/2021. The Court has reviewed the parties' status reports, and at this time will allow a discovery deadline to be set and briefing on summary judgment motions. Discovery is to be completed by 10/22/2021. A telephone status hearing is set for 10/22/2021 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
June 23, 2021 Opinion or Order Filing 41 MINUTE entry before the Honorable Thomas M. Durkin: The telephone status hearing set for 6/24/2021 at 8:45 a.m. is reset for 9:00 a.m. Time change only. Mailed notice. (ecw, )
June 21, 2021 Opinion or Order Filing 40 STATUS Report Defendant AT&T Services, Inc.'s Joint Status Report by AT&T Services, Inc. (Coates, Kendell)
June 21, 2021 Opinion or Order Filing 39 STATUS Report by Tekway Inc. (Mathias, Damon)
June 15, 2021 Opinion or Order Filing 38 MINUTE entry before the Honorable Thomas M. Durkin: Unopposed motion for extension of time #37 is granted. The 6/15/2021 status report deadline is extended to 6/21/2021. The telephone status hearing set for 6/22/2021 is reset for 6/24/2021 at 8:45 a.m. The same dial-in information shall apply. Mailed notice. (ecw, )
June 14, 2021 Opinion or Order Filing 37 MOTION by Defendant AT&T Services, Inc. for extension of time Defendant AT&T Services, Inc.'s Motion for Extension of Time of Time to File Status Report (Coates, Kendell)
June 9, 2021 Opinion or Order Filing 36 ATTORNEY Appearance for Defendant AT&T Services, Inc. by Kendell Raphael Coates Appearance of Kendell R. Coates (Coates, Kendell)
June 8, 2021 Opinion or Order Filing 35 MINUTE entry before the Honorable Thomas M. Durkin: A telephone status hearing is set for 6/22/2021 at 9:00 a.m. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
June 8, 2021 Opinion or Order Filing 34 MEMORANDUM Opinion and Order: AT&T's motion to stay #28 is continued. The status reports described in the attached order are due June 15, 2021. Signed by the Honorable Thomas M. Durkin on 6/8/2021. Mailed notice. (ecw, )
June 7, 2021 Opinion or Order Filing 33 MINUTE entry before the Honorable Thomas M. Durkin: Motion to withdraw as attorney #32 is granted. Attorney Jenna Kim terminated. Mailed notice. (ecw, )
June 4, 2021 Opinion or Order Filing 32 MOTION by Attorney Jenna Kim to withdraw as attorney for AT&T Services, Inc.. No party information provided (Kim, Jenna)
April 29, 2021 Opinion or Order Filing 31 REPLY by Defendant AT&T Services, Inc. to motion to stay #28 (Defendant AT&T Services, Inc.'s Reply in Support of Its Motion to Stay Proceedings) (Siegel, Kathryn)
April 16, 2021 Opinion or Order Filing 30 RESPONSE by Tekway Inc. to MOTION by Defendant AT&T Services, Inc. to stay (Defendant AT&T Services, Inc.'s Motion to Stay Proceedings) #28 (Mathias, Damon)
March 26, 2021 Opinion or Order Filing 29 MINUTE entry before the Honorable Thomas M. Durkin: The parties have agreed to the following briefing schedule as to the motion to stay #28 : Plaintiff's response is due by 4/16/2021, Defendant's reply is due by 4/30/2021. The status hearing set for 4/1/2021 is vacated. Mailed notice. (ecw, )
March 23, 2021 Opinion or Order Filing 28 MOTION by Defendant AT&T Services, Inc. to stay (Defendant AT&T Services, Inc.'s Motion to Stay Proceedings) (Attachments: #1 Exhibit A - Supplier Subcontracting Agreement)(Siegel, Kathryn)
March 18, 2021 Opinion or Order Filing 27 STATUS Report PLAINTIFF by Tekway Inc. (Mathias, Damon)
March 18, 2021 Opinion or Order Filing 26 MINUTE entry before the Honorable Thomas M. Durkin: A telephone status hearing is set for 4/1/2021 at 9:00 a.m. If a motion to stay is filed before then, the Court will set an earlier date to hear the motion. To join the telephone conference, dial 877-402-9757, Access Code 4410831. Members of the public and media will be able to call in to listen to this hearing. Please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (ecw, )
March 18, 2021 Opinion or Order Filing 25 STATUS Report by AT&T Services, Inc. (Siegel, Kathryn)
March 18, 2021 Opinion or Order Filing 24 MINUTE entry before the Honorable Thomas M. Durkin: Motion for extension of time to answer #8 is denied as moot. Mailed notice. (ecw, )
March 10, 2021 Opinion or Order Filing 23 MEMORANDUM Opinion and Order: AT&T's motion to dismiss #12 is denied in part and granted in part. The motion is denied in all respects except that any claim for tortious interference with contract based on the non-compete provisions is dismissed without prejudice. If Tekway believes it can cure the deficiencies outlined above with respect to these claims, Tekway may file a motion for leave to amend of no more than five pages attaching the amended complaint as an exhibit. The parties should submit a status report proposing a discovery schedule by March 18, 2021. Signed by the Honorable Thomas M. Durkin on 3/10/2021. Mailed notice. (ecw, )
February 8, 2021 Opinion or Order Filing 22 RESPONSE by Defendant AT&T Services, Inc. to order on motion to strike,, text entry, #21 (Defendant's Response to Plaintiff Tekway's Motion to Strike) (Siegel, Kathryn)
February 2, 2021 Opinion or Order Filing 21 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's motion to strike #20 is denied without prejudice in that the Court will not strike any exhibits at this time. Instead, the Court construes the motion to be a request for leave to file a sur-reply and will consider Plaintiff's brief along with the briefs already filed on the motion to dismiss #12 . Defendant may file a further response brief of no more than five pages by 2/8/2021. Mailed notice. (ecw, )
February 1, 2021 Opinion or Order Filing 20 MOTION by Plaintiff Tekway Inc. to strike reply, #19 Exhibits (Mathias, Damon)
December 21, 2020 Opinion or Order Filing 19 REPLY by Defendant AT&T Services, Inc. to motion to dismiss/lack of jurisdiction #12 (Defendant's Reply in Support of Its Motion to Dismiss Plaintiff's Complaint) (Attachments: #1 Exhibit Exhibit 1 - Kumar Affidavit Chart, #2 Exhibit Exhibit 2 - Denise Perez Declaration, #3 Exhibit Exhibit 3 - Rebecca Abraham Declaration, #4 Exhibit Exhibit 4 - Erin Stewart Declaration)(Siegel, Kathryn)
November 16, 2020 Opinion or Order Filing 18 MEMORANDUM by Tekway Inc. in Opposition to motion to dismiss/lack of jurisdiction #12 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Mathias, Damon)
November 2, 2020 Opinion or Order Filing 17 MINUTE entry before the Honorable Thomas M. Durkin: Unopposed Motion for Additional Time to File Response to Defendant's Motion to Dismiss #15 is granted. Plaintiff's response to Defendant's Motion to Dismiss is due by 11/16/2020. Defendant's reply is due by 12/21/2020. Mailed notice. (ecw, )
November 2, 2020 Opinion or Order Filing 16 MOTION by Plaintiff Tekway Inc. for order proposed Order on P's Motion for Extension of Time (Mathias, Damon)
November 2, 2020 Opinion or Order Filing 15 MOTION by Plaintiff Tekway Inc. for extension of time to file response/reply to Defendant's Motion to Dismiss (Mathias, Damon)
September 29, 2020 Opinion or Order Filing 14 MINUTE entry before the Honorable Thomas M. Durkin: The court adopts the parties' agreed proposed briefing schedule on Defendant's Motion to Dismiss #12 . Response is due by 11/2/2020. Reply is due by 12/7/2020. The telephone conference set for 9/30/2020 is vacated. Mailed notice. (ecw, )
September 28, 2020 Opinion or Order Filing 13 MEMORANDUM by AT&T Services, Inc. in support of motion to dismiss/lack of jurisdiction #12 (Defendant's Memorandum of Law in Support of Its Motion to Dismiss Plaintiff's Complaint) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Siegel, Kathryn)
September 28, 2020 Opinion or Order Filing 12 MOTION by Defendant AT&T Services, Inc. to dismiss for lack of jurisdiction (Defendant's Motion to Dismiss Plaintiff's Complaint) (Siegel, Kathryn)
September 11, 2020 Opinion or Order Filing 11 MINUTE entry before the Honorable Thomas M. Durkin: Telephone conference held on 9/11/2020. Motion for extension of time to answer #9 is granted. Defendants have until 9/28/2020 to answer or otherwise plead to the complaint. Telephone hearing continued to 9/30/2020 at 9:00 a.m. if the parties are unable to submit an agreed briefing schedule on Defendant's Motion to dismiss. Please call (877)402-9757, access code 4410831 to participate in the hearing. Mailed notice (ecw, )
September 9, 2020 Opinion or Order Filing 10 MINUTE entry before the Honorable Thomas M. Durkin: Telephonic motion hearing set for 9/11/2020 at 09:30 AM as to motion for extension of time to file answer #9 . Please call (877)402-9757, access code 4410831 to participate in the hearing. Mailed notice. (ecw, )
September 9, 2020 Opinion or Order Filing 9 MOTION by Defendant AT&T Services, Inc. for extension of time to file answer regarding complaint #1 (Defendant's Second Opposed Motion for Additional Time to Answer or Otherwise Plead in Response to Plaintiff's Complaint) (Attachments: #1 Exhibit A -Correspondence between Ms. Kim and Mr. Mathias)(Siegel, Kathryn)
August 10, 2020 Opinion or Order Filing 8 MOTION by Defendant AT&T Services, Inc. for extension of time to file answer regarding complaint #1 (Defendant's Opposed Motion for Additional Time to Answer or Otherwise Plead in Response to Plaintiff's Complaint) (Siegel, Kathryn)
August 10, 2020 Opinion or Order Filing 7 ATTORNEY Appearance for Defendant AT&T Services, Inc. by Jenna Kim (Kim, Jenna)
August 10, 2020 Opinion or Order Filing 6 ATTORNEY Appearance for Defendant AT&T Services, Inc. by Kathryn E. Siegel (Siegel, Kathryn)
August 10, 2020 Opinion or Order Filing 5 ATTORNEY Appearance for Defendant AT&T Services, Inc. by Shanthi V. Gaur (Gaur, Shanthi)
July 31, 2020 Opinion or Order Filing 4 SUMMONS Returned Executed by Tekway Inc. as to AT&T Services, Inc. on 7/24/2020, answer due 8/14/2020. (Mathias, Damon)
July 17, 2020 Opinion or Order SUMMONS Issued as to Defendant AT&T Services, Inc. (ng, )
July 14, 2020 Opinion or Order Filing 3 CIVIL Cover Sheet (Mathias, Damon)
July 14, 2020 Opinion or Order CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (sxh, )
July 10, 2020 Opinion or Order Filing 2 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.(aee, )
July 10, 2020 Opinion or Order Filing 1 COMPLAINT filed by Tekway Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-17206781.(Mathias, Damon)

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Plaintiff: Tekway Inc.
Represented By: Damon E. Mathias
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Defendant: AT&T Services, Inc.
Represented By: Jenna Kim
Represented By: Kathryn E. Siegel
Represented By: Shanthi V. Gaur
Represented By: Kendell Raphael Coates
Represented By: Ariel Clarke
Represented By: Casey M. Kaiser
Represented By: Jaclyn Rose Therese Giffen
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