Master's Touch Interiors, LLC v. Superior Automotive interiors, LLC et al
| Master's Touch Interiors, LLC |
| SUPERIOR AUTOMOTIVE INTERIORS, LLC and Thomas G Meyer |
| 1:2020cv04996 |
| August 25, 2020 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 36
ORDER Signed by the Honorable Joan B. Gottschall on 10/23/2020.Mailed notice(mjc, )
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| Filing 35 MINUTE entry before the Honorable Joan B. Gottschall: Enter order denying plaintiff's emergency motion for temporary restraining order #14 . In accordance with the order, a status report is due on or before 10/28/2020. See order for details. Mailed notice (mjc, ) |
| Filing 34 ANSWER to amended complaint by Thomas G Meyer, Superior Automotive Interiors, LLC(Olson, Alan) |
| Filing 33 DECLARATION of Thomas Meyer regarding response in opposition to motion #32 (Olson, Alan) |
| Filing 32 RESPONSE by Thomas G Meyer, Superior Automotive Interiors, LLCin Opposition to MOTION by Plaintiff Master's Touch Interiors, LLC for temporary restraining order and preliminary injunction #14 (Olson, Alan) |
| Filing 31 MINUTE entry before the Honorable Joan B. Gottschall: Defendants have filed a motion #28 to dismiss the verified amended complaint for failure to state a claim and an accompanying memorandum of law #29 . In the latter document, defendants rely heavily (e.g., pages 4-5, 7) on the declaration of defendant Thomas G. Meyer dated September 23, 2020, to either dispute facts alleged in the verified amended complaint or introduce facts not alleged in the verified amended complaint. Rule 12(d) of the Federal Rules of Civil Procedure forbids court from considering "matters outside the pleadings" when deciding a Rule 12(b)(6) motion without converting the motion to a motion for summary judgment; "[a]ll parties must be given a reasonable opportunity to respond." Fed. R. Civ. P. 12(d); Rutherford v. Judge & Dolph Ltd., 707 F.3d 710, 713-14 (7th Cir. 2013). Whether to convert a Rule 12(b)6) motion to a motion for summary judgment is a discretionary decision. Levenstein v. Salafsky, 164 F.3d 345, 347 (7th Cir. 1998). Here, the court declines to convert defendants' motion to dismiss because the facts defendants seek to introduce into the motion to dismiss (and thus potential summary judgment) briefing are very much at issue in plaintiff's emergency motion for a temporary restraining order #14 , and that motion has not been fully briefed. Rather than attempt to separate summary judgment-type arguments from Rule 12(b)(6)-type arguments, defendants' motion to dismiss #28 is denied without prejudice. Defendants are free to refile their motion or any other motion they deem appropriate on or before October 14, 2020. However, if defendants refile their motion to dismiss, they may not rely on matters outside the pleadings unless they first obtain leave of court. Mailed notice (mjc, ) |
| Filing 30 MINUTE entry before the Honorable Joan B. Gottschall: On September 23, 2020, the court held an initial hearing on plaintiff's emergency motion #14 for a temporary restraining order and preliminary injunction. In the minute entry memorializing the hearing #23 , the court set deadlines for filing response and reply briefs. The minute entry further stated: "If further briefing from defendants is necessary (and the court must grant leave for any further briefing), any such brief must be filed by close of business on October 5, 2020. " Having reviewed plaintiff's reply #27 and the accompanying exhibits, the court grants defendants leave to file a surreply by close of business (5:00 p.m.) on October 5, 2020. Mailed notice (mjc, ) |
| Filing 29 MEMORANDUM Motion to Dismiss for Failure to State a Claim #28 by Thomas G Meyer, Superior Automotive Interiors, LLC (Olson, Alan) |
| Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Thomas G Meyer, Superior Automotive Interiors, LLC (Olson, Alan) |
| Filing 27 REPLY by Master's Touch Interiors, LLC to MOTION by Plaintiff Master's Touch Interiors, LLC for temporary restraining order and preliminary injunction #14 (Attachments: #1 Exhibit Exhibits A-E, #2 Affidavit Affidavit of Benjamin Wanda)(Kreisman, Robert) |
| Filing 26 EXHIBIT by Defendants Thomas G Meyer, Superior Automotive Interiors, LLC regarding declaration #25 (Olson, Alan) |
| Filing 25 DECLARATION of Thomas G. Meyer regarding memorandum in opposition to motion #24 (Olson, Alan) |
| Filing 24 MEMORANDUM by Thomas G Meyer, Superior Automotive Interiors, LLC in Opposition to motion for temporary restraining order, #14 (Olson, Alan) |
| Filing 23 MINUTE entry before the Honorable Joan B. Gottschall: Teleconference hearing held on plaintiff's motion for a temporary restraining order [#14 ]. Plaintiff did not wish to present evidence and objected to defendants' request to call a witness. The parties ultimately agreed to present the case on the papers. Defendants will file a response to plaintiff's motion by close of business, September 23, 2020. Plaintiff will file a reply by close of business on September 29, 2020. If further briefing from defendants is necessary (and the court must grant leave for any further briefing), any such brief must be filed by close of business on October 5, 2020. Mailed notice (mjc, ) |
| Filing 22 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Alan Olson's motion to appear pro hac vice #20 on behalf of the defendants is granted. Mailed notice (mjc, ) |
| Filing 21 MINUTE entry before the Honorable Joan B. Gottschall: The teleconference hearing on plaintiff's emergency motion for a temporary restraining order and preliminary injunction #14 is set for 9/23/20 at 11:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 6692394. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing, please click on the hyper link that will be provided to take you to Judge Gottschall's telephone conference login. From there, join conference As Guest, Enter your name, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hyphens) and name. If you do not have access to a computer Dial (888) 684-8852, the access code is 6692394. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to say your name each and every time before you speak. Mailed notice (mjc, ) |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17462871. (Olson, Alan) |
| Filing 19 DECLARATION of Thomas G. Meyer (Attachments: #1 Exhibit Exhibit A)(Olson, Alan) |
| Filing 18 ATTORNEY Appearance for Defendants Thomas G Meyer, Superior Automotive Interiors, LLC by Patrick Doyle Austermuehle (Austermuehle, Patrick) |
| Filing 17 ATTORNEY Appearance for Defendants Thomas G Meyer, Superior Automotive Interiors, LLC by Peter Scott Lubin (Lubin, Peter) |
| Filing 16 ATTORNEY Appearance for Defendants Thomas G Meyer, Superior Automotive Interiors, LLC by Alan C. Olson (Olson, Alan) |
| Filing 15 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed an emergency motion for a TRO without notice and for a preliminary injunction [No. #14 ]. The motion is problematic for a number of reasons. As the court was attempting to draft an order describing these problems, it received an email from counsel for plaintiff clarifying that it did not want a TRO without notice but a TRO with notice, despite what its motion plainly says. The court is also troubled by the fact that the email indicates that service was made by mail on the individual defendants, although the Amended Verified Complaint states that plaintiff's counsel was in touch with defense counsel, meaning defense counsel should have been served. In addition, plaintiff has noticed its motion for Wednesday, September 23, 2020, at 9:30 a.m., but this notice fails to comply with Sixth Amended General Order No. 20-12 and the instructions on this judge's website which explain that no in-person hearings are being held (and such notice is therefore inappropriate) unless counsel first files a specific request for an in-person hearing explaining why one is needed. Having just received counsel's email, the court hopes counsel's questions are now answered. In any event, the hearing noticed for September 23 is stricken until counsel clarifies what it is seeking as described above and complies with the current requirements for requesting a hearing.Mailed notice (mjc, ) |
| Filing 14 MOTION by Plaintiff Master's Touch Interiors, LLC for temporary restraining order and preliminary injunction (Attachments: #1 Supplement Memorandum, #2 Text of Proposed Order, #3 Notice of Filing Notice of Motion)(Kreisman, Robert) |
| Filing 13 SUMMONS Returned Executed by Master's Touch Interiors, LLC as to All Defendants. (Kreisman, Robert) |
| Filing 12 AFFIDAVIT of Service filed by Plaintiff Master's Touch Interiors, LLC regarding Summons and Amended Complaint served on Thomas G. Meyer on 09/08/2020 (Kreisman, Robert) |
| Filing 11 AFFIDAVIT of Service filed by Plaintiff Master's Touch Interiors, LLC regarding Summons and Amended Complaint served on Superior Automotive Interiors, LLC on 09/08/2020 (Kreisman, Robert) |
| Filing 10 AFFIDAVIT of Service filed by Plaintiff Master's Touch Interiors, LLC regarding Summons and Affidavit of Service served on Thomas G. Meyer on 09/08/2020 (Kreisman, Robert) |
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Filing 9
ORDER: An initial status report and, if appropriate, case management plan is due on or before October 21, 2020. The parties are directed to consult Judge Gottschall's website for specific requirements for all written status reports and for the discovery plans. In conformity with Fifth Amended General Order 20-12 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 8/31/2020. Mailed notice(mjc, )
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| Filing 8 AMENDED complaint by Master's Touch Interiors, LLC against All Defendants (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3)(Kreisman, Robert) |
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Filing 6
ORDER Signed by the Honorable Joan B. Gottschall on 8/27/2020.Mailed notice(mjc, )
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| Filing 5 MINUTE entry before the Honorable Joan B. Gottschall: Enter order regarding plaintiff's complaint 1 . In accordance with the order, an amended complaint is due on or before 9/3/2020. Failure to allege adequately the basis for jurisdiction under 28 U.S.C. 1332(a) will result in the entry of judgment dismissing this action for lack of subject matter jurisdiction. Mailed notice (mjc, ) |
| Filing 4 COMPLAINT (Verified) filed by Master's Touch Interiors, LLC; Jury Demand. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3)(Kreisman, Robert) |
| Filing 3 ATTORNEY Appearance for Plaintiff Master's Touch Interiors, LLC by Robert D. Kreisman (Kreisman, Robert) |
| Filing 2 CIVIL Cover Sheet (Kreisman, Robert) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (dxb, ) |
| SUMMONS Issued as to Defendants Thomas G Meyer, Superior Automotive interiors, LLC (kl, ) |
| Filing 1 PAYMENT of Filing fee $ 400, receipt number 0752-17360440. (Kreisman, Robert) |
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