Wilk v. Brainshark, Inc.
| Lori Wilk |
| Brainshark, Inc. |
| 1:2021cv04794 |
| September 9, 2021 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| None |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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Filing 58
ENTERED JUDGMENT Mailed notice(gel, )
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Filing 57
MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the stipulation of dismissal #56 , this case is dismissed with prejudice. Any pending deadlines are stricken. Civil case terminated. Mailed notice (gel, )
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Filing 56
STIPULATION of Dismissal With Prejudice (Griswold, Joel)
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Filing 55
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to withdraw the appearance of Michael M. Tresnowski #53 , and strikes the 5/10/2023 notice of motion date. Mailed notice (mjc, )
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Filing 54
NOTICE of Motion by Douglas M. Werman for presentment of motion to withdraw #53 before Honorable John Robert Blakey on 5/10/2023 at 11:00 AM. (Werman, Douglas)
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Filing 53
MOTION by Plaintiff Lori Wilk to withdraw Appearance of Attorney Michael M. Tresnowski (Werman, Douglas)
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Filing 52
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 51
MINUTE entry before the Honorable John Robert Blakey: Having reviewed the parties' 11/7/22 status report #50 , the Court sets initial case management dates as follows: the parties shall exchange Rule 26(a)(1) disclosures by 12/1/22, issue written discovery by 12/30/22, amend their pleadings (to add claims, parties, etc.) by 5/31/23, and complete fact discovery by 9/29/23. The parties shall file an updated status report by 9/1/23 confirming that they are on track to complete fact discovery on schedule, confirming that they require expert discovery (and proposing a reasonable schedule for same), and indicating whether either party will seek summary judgment. Additionally, if it has not already done so, Defendant shall respond to Plaintiff's demand by 11/30/22. If at any time the parties agree that a settlement conference with the assigned Magistrate Judge could be productive, they should call chambers to so advise, and the Court will enter an appropriate referral order. Mailed notice (gel, )
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Filing 50
STATUS Report (Joint & Initial) by Lori Wilk (Werman, Douglas)
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Filing 49
ANSWER to Complaint by Brainshark, Inc.(Lenz, Amy)
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Filing 48
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's motion to withdraw the appearance of Attorney Bernard K. Schott #46 , directs the Clerk to remove Attorney Schott from the docket in this case, and strikes the 10/11/22 Notice of Motion date. The 10/24/22 answer and 11/7/22 status report deadlines stand. Mailed notice (gel, )
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Filing 47
NOTICE of Motion by Douglas M. Werman for presentment of motion to withdraw #46 before Honorable John Robert Blakey on 10/11/2022 at 11:00 AM. (Werman, Douglas)
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Filing 46
MOTION by Plaintiff Lori Wilk to withdraw Appearance of Attorney Bernard K. Schott (Werman, Douglas)
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Filing 45
MEMORANDUM Opinion and Order Signed by the Honorable John Robert Blakey on 9/27/2022. Mailed notice(gel, )
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Filing 44
MINUTE entry before the Honorable John Robert Blakey: For the reasons explained in the accompanying Memorandum Opinion and Order, the Court denies Defendant's motion to dismiss #21 . Defendant shall file an answer to the Complaint on or before 10/24/22 and the parties shall file a joint status report by 11/7/22 proposing reasonable case management dates, including fact discovery and (if needed) expert discovery deadlines. Although, to date, the parties have not indicated an interest in settlement, they should call chambers if they jointly believe that a settlement conference with the assigned Magistrate Judge could be helpful, and the Court will enter an appropriate referral order. Mailed notice (gel, )
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Filing 43
ATTORNEY Appearance for Plaintiff Lori Wilk by Sarah Jean Arendt (Arendt, Sarah)
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Filing 42
ATTORNEY Appearance for Plaintiff Lori Wilk by Michael Mark Tresnowski (Tresnowski, Michael)
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Filing 41
ATTORNEY Appearance for Plaintiff Lori Wilk by Maureen Ann Salas (Salas, Maureen)
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Filing 40
PLAINTIFF'S THIRD NOTICE OF SUPPLEMENTAL AUTHORITY CONCERNING THE DEFENDANT'S MOTION TO DISMISS by Lori Wilk (Fish, David)
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Filing 39
RESPONSE by Defendant Brainshark, Inc. to other #38 in Opposition to Plaintiff's Second Notice of Supplemental Authority (Lenz, Amy)
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Filing 38
PLAINTIFF'S SECOND NOTICE OF SUPPLEMENTAL AUTHORITY CONCERNING THE DEFENDANT'S MOTION TO DISMISS by Lori Wilk (Fish, David)
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Filing 37
ATTORNEY Appearance for Defendant Brainshark, Inc. by Bonnie Keane DelGobbo (DelGobbo, Bonnie)
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Filing 36
PLAINTIFF'S NOTICE OF SUPPLEMENTAL AUTHORITY CONCERNING THE DEFENDANT'S MOTION TO DISMISS PLAINTIFF'S CLASS ACTION COMPLAINT by Lori Wilk #21 (Attachments: #1 Exhibit)(Fish, David)
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Filing 35
MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's motion to strike #33 unrelated pleadings erroneously filed on the docket in this case and directs the Clerk to remove #31 , [31-1], [31-2], and #32 from the docket in this case. Mailed notice (gel, )
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Filing 34
REPLY by Brainshark, Inc. to MOTION by Defendant Brainshark, Inc. to dismiss Plaintiff's Class Action Complaint #21 (Lenz, Amy)
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Filing 33
MOTION by Defendant Brainshark, Inc. to strike First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Brainshark, Inc. #31 , notice of filing #32 (Lenz, Amy)
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Filing 32
NOTICE by Brainshark, Inc. of Constitutional Challenge Pursuant to Rule 5.1 (Lenz, Amy)
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Filing 31
First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Brainshark, Inc. (Attachments: #1 Declaration Declaration in Support of Motion to Dismiss, #2 Exhibit Exhibit 1 to Declaration)(Lenz, Amy)
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Filing 30
RESPONSE by Lori Wilkin Opposition to MOTION by Defendant Brainshark, Inc. to dismiss Plaintiff's Class Action Complaint #21 (Schott, Bernard)
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Filing 29
MINUTE entry before the Honorable John Robert Blakey: The Court grants Plaintiff's unopposed motion for leave to file an oversized brief #27 and strikes the 1/13/22 Notice of Motion date. Mailed notice (gel, )
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Filing 28
NOTICE of Motion by Bernard Schott for presentment of motion for leave to file #27 before Honorable John Robert Blakey on 1/13/2022 at 11:00 AM. (Schott, Bernard)
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Filing 27
MOTION by Plaintiff Lori Wilk for leave to file Opposition to Defendant's Motion to Dismiss not to Exceed 21 Pages (Unopposed) (Schott, Bernard)
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Filing 26
MINUTE entry before the Honorable John Robert Blakey: Zachary C. Flowerree's motion to withdraw #24 is granted. Motion hearing set for 1/4/2022 is stricken. Mailed notice (gel, )
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Filing 25
NOTICE of Motion by Douglas M. Werman for presentment of motion to withdraw #24 before Honorable John Robert Blakey on 1/4/2022 at 11:00 AM. (Werman, Douglas)
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Filing 24
MOTION by Plaintiff Lori Wilk to withdraw Appearance of Attorney Zachary C. Flowerree (Werman, Douglas)
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Filing 23
MINUTE entry before the Honorable John Robert Blakey: Defendant has moved to dismiss Plaintiff's complaint, see #21 . Plaintiff shall review the Court's Standing Order on Motions to Dismiss, which is available on the Court's homepage at www.ilnd.uscourts.gov. Consistent with the purpose of the Federal Rules "to secure the just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, this Court's Standing Order requires Plaintiff to make an election as to whether Plaintiff will amend the complaint under Rule 15(a)(1), or stand on the current complaint and proceed with briefing on the motion to dismiss. To this end, Plaintiff shall file either an amended complaint or a response to the motion to dismiss by 1/7/22. If Plaintiff files a response, Defendant shall file a reply by 1/14/22. If Plaintiff elects to amend her complaint in response to the motion to dismiss, then Defendant shall file within 21 days of the amended pleading either: (1) an answer; or (2) a revised motion to dismiss. Mailed notice (gel, )
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Filing 22
Notice of Withdrawal of Leah Bruno as Lead Counsel by Brainshark, Inc. (Bruno, Leah)
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Filing 21
MOTION by Defendant Brainshark, Inc. to dismiss Plaintiff's Class Action Complaint (Lenz, Amy)
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Filing 20
STATUS Report Joint by Lori Wilk (Pacheco-De Loera, Thalia)
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Filing 19
ATTORNEY Appearance for Plaintiff Lori Wilk by Bernard Schott (Schott, Bernard)
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Filing 18
MINUTE entry before the Honorable John Robert Blakey: Defendant's unopposed motion for extension of time #16 is granted and any answer shall be filed on or before 12/17/2021. Mailed notice (gel, )
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Filing 17
ATTORNEY Appearance for Defendant Brainshark, Inc. by Joel Griswold (Griswold, Joel)
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Filing 16
MOTION by Defendant Brainshark, Inc. for extension of time to file answer regarding complaint #1 Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Plead (Lenz, Amy)
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Filing 15
ATTORNEY Appearance for Defendant Brainshark, Inc. by Amy Lynn Lenz Appearance of Amy Lenz on behalf of Defendant Brainshark, Inc. (Lenz, Amy)
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Filing 14
ATTORNEY Appearance for Defendant Brainshark, Inc. by Amy Lynn Lenz Appearance of Joel Griswold on behalf of Defendant Brainshark, Inc. (Lenz, Amy)
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Filing 13
ATTORNEY Appearance for Plaintiff Lori Wilk by David J. Fish (Fish, David)
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Filing 12
ATTORNEY Appearance for Plaintiff Lori Wilk by Mara Ann Baltabols (Baltabols, Mara)
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Filing 11
MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's second unopposed motion for an extension of time #10 . Defendant shall file its answer or other responsive pleading by 12/6/21, and the parties shall file their joint status report by 12/10/21. Mailed notice (gel, )
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Filing 10
MOTION by Defendant Brainshark, Inc. for extension of time to file answer (Defendant Brainshark Inc's Unopposed Motion for Extension to File Response to Complaint) (Bruno, Leah)
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Filing 9
MINUTE entry before the Honorable John Robert Blakey: The Court grants Defendant's Unopposed Motion for Extension of Time. #8 . Defendant shall file its answer or responsive pleading by 11/4/21. The Court also strikes the prior 10/25/21 Status Report deadline #5 . The parties shall file a status report on or before 11/18/21 using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Mailed notice (gel, )
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Filing 8
MOTION by Defendant Brainshark, Inc. for extension of time to file answer regarding complaint #1 Unopposed Motion for Extension of Time (Bruno, Leah)
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Filing 7
ATTORNEY Appearance for Defendant Brainshark, Inc. by Leah Rachel Bruno (Bruno, Leah)
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Filing 6
SUMMONS Returned Executed by Lori Wilk as to Brainshark, Inc. on 9/14/2021, answer due 10/5/2021. (Werman, Douglas)
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Filing 5
MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The litigants are ordered to review and fully comply with all of this Court's standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. In addition, the parties must file a status report no later than 10/25/2021, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. During the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. Mailed notice (gel, )
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SUMMONS Issued as to Defendant Brainshark, Inc. (ak, )
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Filing 4
ATTORNEY Appearance for Plaintiff Lori Wilk by Douglas M. Werman (Werman, Douglas)
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Filing 3
ATTORNEY Appearance for Plaintiff Lori Wilk by Zachary Cole Flowerree (Flowerree, Zachary)
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Filing 2
CIVIL Cover Sheet (Flowerree, Zachary)
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Filing 1
COMPLAINT ( Class Action Complaint) filed by Lori Wilk; Filing fee $ 402, receipt number 0752-18651524.(Flowerree, Zachary)
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CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jg, )
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