Moore v. Healthcare Solutions Inc. et al
| George Moore |
| Healthcare Solutions Inc. and Prosperity Life Insurance Group LLC |
| 1:2021cv04919 |
| September 16, 2021 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 Restrictions of Use of Telephone Equipment |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2022. A more recent docket listing may be available from PACER.
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Filing 41
MEMORANDUM Opinion and Order Signed by the Honorable Steven C. Seeger on 12/7/2022. For the foregoing reasons, the motion to dismiss the complaint (Dckt. No. #39 ) is denied. Mailed notice. (jjr, )
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Filing 40
RESPONSE by George Moorein Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Healthcare Solutions Inc. #39 (Paronich, Anthony)
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Filing 39
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Healthcare Solutions Inc. (Hunter, Jason)
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Filing 38
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Defendant Healthcare Solutions's motion to vacate default. (Dckt. No. #37 ) On March 14, 2022, this Court denied the two motions to dismiss filed by the two Defendants, and gave them leave to refile any motions to dismiss after a few months of jurisdictional discovery. This Court did so even though only one of the two motions address jurisdictional issues. "In light of the jurisdictional discovery, the motions to dismiss [plural] are hereby denied without prejudice. Motions to dismiss are due by May 20, 2022." (Dckt. No. #26 ) The deadline came and went, and Defendant Healthcare Solutions did not respond to the complaint, meaning that it did not file an answer or a motion to dismiss. So, this Court sua sponte entered default. Defendant Healthcare Solutions has now moved to vacate that entry of default (Dckt. No. #37 ), explaining that defense counsel was under the mistaken impression that its motion to dismiss was still pending, even though this Court had already ruled upon it. The motion to vacate (Dckt. No. #37 ) is hereby granted. The Court accepts the explanation. The response to the complaint is due by June 3, 2022. Separately, the Court reviewed the stipulation of dismissal, which is self-effectuating under Rule 41(a)(1)(A)(ii). (Dckt. No. #36 ) Defendant Prosperity Life Insurance Group LLC is dismissed. Mailed notice. (jjr, )
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Filing 37
MOTION by Defendant Healthcare Solutions Inc. to vacate Default Pursuant to 60(b)(1) (Hunter, Jason)
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Filing 36
STIPULATION of Dismissal as to Prosperity Life Insurance Group LLC only (Paronich, Anthony)
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Filing 35
MINUTE entry before the Honorable Steven C. Seeger: On March 14, 2022, this Court entered an Order denying the pending motions to dismiss in light of the apparent need for jurisdictional discovery. (Dckt. No. #26 ) This Court allowed a few months of discovery, and set a deadline of May 20, 2022 for any renewed motions to dismiss. One month later, on April 25, 2022, this Court reaffirmed the May 20 deadline. (Dckt. No. #30 ) And on May 23, 2022, this Court reiterated that May 20 was the deadline for a motion to dismiss. (Dckt. No. #27 ) That deadline has now come and gone. Defendant Healthcare Solutions has not filed a motion to dismiss, and has not filed an answer, either. A defendant must file one or the other, but here, Defendant filed nothing. The response to the complaint is overdue. The Court enters default under Rule 55(a) against Defendant Healthcare Solutions. Healthcare Solutions has a track record of late filings in this case, and it has now led to the entry of default. If Defendant Healthcare Solutions intends to seek vacatur of the entry of default, it must explain the failure to the respond to the complaint and the recurring failure to meet deadlines. Mailed notice (jjr, )
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Filing 34
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the status report. (Dckt. No. #33 ) Plaintiff and Defendant Healthcare Solutions Inc. have discussed settlement, and are at an impasse. Mailed notice. (jjr, )
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Filing 33
STATUS Report by George Moore (Paronich, Anthony)
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Filing 32
MINUTE entry before the Honorable Steven C. Seeger: On April 25, 2022, this Court directed Plaintiff Moore and Defendant Healthcare Solutions to file a status report by May 16, 2022. (Dckt. No. #30 ) Plaintiff's counsel filed a status report on May 19, three days late, without asking for leave to file a late report. (Dckt. No. #31 ) Plaintiff was late, and Defendant Healthcare Solutions disregarded the obligation altogether. Plaintiff Moore and Defendant Healthcare Solutions must file the status report as previously directed by May 25, 2022. A failure to comply may lead to appropriate relief. The deadline of May 20 for motions to dismiss (Dckt. No. #26 ) remains in place. Mailed notice (jjr, )
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Filing 31
STATUS Report Pursuant to the Court's April 25, 2022 Order by George Moore (Paronich, Anthony)
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Filing 30
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the notice (Dckt. No. #29 ), which stated that Plaintiff Moore has reached a tentative settlement with Defendant Prosperity Life Insurance Group (only). The Court vacates all deadlines as to Prosperity Life Insurance Group. The parties must file a status report by May 31, 2022. The proposed settlement does not apply to Defendant Healthcare Solutions. The Court directs Plaintiff Moore and Defendant Healthcare Solutions to engage in settlement discussions, and file a status report by May 16, 2022. If settlement discussions are productive, the Court may allow a short extension of the deadline for motions to dismiss. Otherwise, the deadline of May 20 remains in place. Mailed notice (jjr, )
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Filing 29
Notice of Resolution by George Moore as to Prosperity Life Insurance Group LLC Only (Paronich, Anthony)
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Filing 28
Supplemental Statement Per Court's March 7, 2022 Minute Order STATEMENT by Healthcare Solutions Inc. (Attachments: #1 Exhibit A)(Hunter, Jason)
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Filing 27
RESPONSE by Plaintiff George Moore to text entry,,,,,,, #24 (Attachments: #1 Exhibit 1 -- Transcript of Illegal Telemarketing Call to Mr. Moore)(Paronich, Anthony)
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Filing 26
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's response to the Court's March 7, 2022 Order about jurisdictional discovery. (Dckt. No. #25 ) The filing is essentially a motion for jurisdictional discovery, even though it was not designated as such. The Court hereby allows jurisdictional discovery through May 13, 2022. The Court directs the parties to respond to any document requests and interrogatories in expedited fashion, meaning within 21 days. (And for any pending requests, the responses are due 21 days from entry of this Order, or on the original due date, whichever is sooner). The Court is not ruling upon the merits of any particular requests, including requests attached to the filing (Dckt. No. #25 -1). The parties must work together cooperatively to resolve any discovery issues. All discovery requests must be tailored to jurisdictional issues and must be proportionate to the needs of the case. In light of the jurisdictional discovery, the motions to dismiss (Dckt. Nos. #11 , #18 ) are hereby denied without prejudice. Motions to dismiss are due by May 20, 2022. Mailed notice. (jjr, )
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Filing 25
RESPONSE by Plaintiff George Moore to text entry,,,,,,, #24 (Attachments: #1 Exhibit 1 -- First Set of Jurisdictional Discovery to Prosperity Life Insurance Group LLC)(Paronich, Anthony)
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Filing 24
MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint status report. (Dckt. No. #23 ) The Court previously directed the parties to address whether they need jurisdictional discovery before this Court rules on the pending motion to dismiss. Plaintiff responded that he doesn't need jurisdictional discovery if he is going to prevail on the motion to dismiss without jurisdictional discovery. That's not much of a response. A statement that "I don't need it if I'm going to win without it" defeats the whole purpose of this Court's request. This Court wanted to know if the parties believe that they need discovery before this Court issues its ruling. A statement that "it depends on the ruling" is not a response. So this Court finds that Plaintiff has waived the opportunity to seek jurisdictional discovery. This Court will give Plaintiff until March 9 to file a motion to revisit that decision. If Plaintiff believes that there is any particular discovery that he needs, the time is now. This Court will not do multiple rounds of rulings on a motion to dismiss for lack of jurisdiction. It's a one-shot affair. Any such motion must specify, with particularity, the information that Plaintiff believes that he needs. The parties do not seek a settlement conference. Defendants contend that Plaintiff consented to the calls in question, and they recently produced a recording of a call in which Plaintiff allegedly consented to the calls. By March 18, Plaintiff must prepare and file a transcript of that phone call. By March 18, Plaintiff must file a brief addressing why, in his view, he did not consent within the meaning of the TCPA to further calls during that recorded phone call. By March 18, Defendants must file any other information they have about whether Plaintiff consented to additional calls (e.g., a written consent, if one exists). Mailed notice. (jjr, )
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Filing 23
STATUS Report (Joint) by Prosperity Life Insurance Group LLC (Heeringa, Aaron)
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Filing 22
MINUTE entry before the Honorable Steven C. Seeger: The Court took another look at the joint initial status report (Dckt. No. #20 ), which was 11 pages long (not a good sign) with two dueling proposals for the schedule (same). Discovery is stayed pending a ruling on the motions to dismiss (but no one should read anything into the stay). The Court will enter a scheduling order at a later time if need be. The only exception is jurisdictional discovery. By March 4, 2022, the parties must meet and confer, and must file a joint statement addressing whether any party needs jurisdictional discovery (and if so, what it is, specifically). If any party needs or opposes jurisdictional discovery, that party must give specific reasons to support its position. The parties also must meet and confer about settlement, and must file an update in the joint status report on March 4, 2022. The parties must reveal whether there is a joint request for a settlement conference. Finally, the joint request must address two issues. Plaintiff must identify with particularity how many phone calls he personally received that are the subject of this case. Based on this Court's review of the complaint, it appears that there were two calls, and that they both took place on August 13, 2021. On the flipside, Defendants must address whether they deny that those calls took place. If Defendants contend that Plaintiff consented to those calls, Defendants must explain why. Mailed notice (jjr, ) (Docket Text Modified on 3/3/2022) (jjr, ).
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Filing 21
REPLY by Prosperity Life Insurance Group LLC to response in opposition to motion #19 (Heeringa, Aaron)
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Filing 20
STATUS Report Joint Initial Status Report Under Rule 26(f) by Prosperity Life Insurance Group LLC (Attachments: #1 Text of Proposed Order (Plaintiff's Proposed Schedule), #2 Text of Proposed Order (Defendants' Proposed Schedule))(Heeringa, Aaron)
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Filing 19
RESPONSE by George Moorein Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Healthcare Solutions Inc. #18 (Paronich, Anthony)
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Filing 18
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Healthcare Solutions Inc. (Hunter, Jason)
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Filing 17
MINUTE entry before the Honorable Steven C. Seeger: Defendant's reply in support of the motion to dismiss (Dckt. No. #11 ) is due by November 30, 2021. Mailed notice. (jjr, )
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Filing 16
RESPONSE by George Moore to Defendant Prosperity Life Insurance Group LLC's Motion to Dismiss #11 (Attachments: #1 Exhibit 1 -- Order on Motion to Dismiss in Ekwuazi v. Protect My Car)(Paronich, Anthony) Docket Text Modified by Clerk's Office on 11/17/2021 (cp, ).
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Filing 15
ATTORNEY Appearance for Defendant Healthcare Solutions Inc. by Bryan Eliot Curry (Curry, Bryan)
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Filing 14
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Prosperity Life Insurance Group LLC (Heeringa, Aaron)
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Filing 13
DECLARATION of Kathleen Kronau regarding motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim #11 , memorandum #12 (Heeringa, Aaron)
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Filing 12
MEMORANDUM motion to dismiss/lack of jurisdiction, Motion to Dismiss for Failure to State a Claim #11 by Prosperity Life Insurance Group LLC (Heeringa, Aaron)
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Filing 11
MOTION by Defendant Prosperity Life Insurance Group LLC to dismiss for lack of jurisdiction and, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Prosperity Life Insurance Group LLC (Heeringa, Aaron)
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Filing 10
MINUTE entry before the Honorable Steven C. Seeger: Defendant Healthcare Solutions's motion to vacate technical defaults and extend time to answer (Dckt. No. #9 ) is hereby granted in part. Defendant's response to the complaint was due on October 14, 2021, but is late. Technically, there is no "technical default" to vacate. The Court enters a default under Rule 55(a), but here, the Court has not done so. So there is nothing to vacate. But Defendant can have more time. Defendant Healthcare Solutions must respond to the complaint by November 26, 2021. Mailed notice. (jjr, )
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Filing 9
MOTION by Defendant Healthcare Solutions Inc. for extension of time and to vacate technical defaults (Hunter, Jason)
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Filing 8
ATTORNEY Appearance for Defendant Healthcare Solutions Inc. by Jason Edward Hunter (Hunter, Jason)
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Filing 7
MINUTE entry before the Honorable Steven C. Seeger: Defendant's unopposed motion for an extension of time to answer, move or otherwise respond to complaint (Dckt. No. #6 ) is granted. Defendant Prosperity Life Insurance Group LLC shall respond to the complaint by November 10, 2021. Mailed notice. (jjr, )
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Filing 6
MOTION by Defendant Prosperity Life Insurance Group LLC for extension of time to file answer regarding complaint #1 UNOPPOSED MOTION (Heeringa, Aaron)
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Filing 5
ATTORNEY Appearance for Defendant Prosperity Life Insurance Group LLC by Aaron Paul Heeringa (Heeringa, Aaron)
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Filing 4
SUMMONS Returned Executed by George Moore as to Healthcare Solutions Inc. on 9/23/2021, answer due 10/14/2021. (Paronich, Anthony)
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Filing 3
SUMMONS Returned Executed by George Moore as to Prosperity Life Insurance Group LLC on 9/20/2021, answer due 10/11/2021. (Paronich, Anthony)
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Filing 2
MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by November 30, 2021. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, )
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Filing 1
COMPLAINT filed by George Moore; Jury Demand. Filing fee $ 402, receipt number 0752-18674995. (Attachments: #1 Civil Cover Sheet)(Paronich, Anthony)
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CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (jj, )
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SUMMONS Issued as to Defendants Healthcare Solutions Inc., Prosperity Life Insurance Group LLC (jj, )
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