Guaranteed Rate, Inc. v. Marquis et al
| Guaranteed Rate, Inc. |
| Andrew Marquis, Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti and Nick Marlin |
| 1:2021cv05080 |
| September 24, 2021 |
| US District Court for the Northern District of Illinois |
| Beth W Jantz |
| Martha M Pacold |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 125 MINUTE entry before the Honorable Beth W. Jantz: In light of minute entry #124 , all matters relating to the referral being completed, the referral is closed and Magistrate Judge Beth W. Jantz is no longer on the case. Mailed notice. (as, ) |
| Filing 124 MINUTE entry before the Honorable Martha M. Pacold: Pursuant to the Stipulation of Voluntary Dismissal #123 , this case is hereby dismissed with prejudice and each party shall bear their own attorneys' fees and costs. The pending motions #6 , #32 , #44 , #50 , #52 , #53 , #55 , #58 , #61 , #62 , #80 , #82 , #83 , #95 , #98 , #107 are denied as moot. Civil case terminated. (rao, ) |
| Filing 123 STIPULATION of Dismissal / Stipulation of Voluntary Dismissal With Prejudice Pursuant to Federal Rule 41(a)(1)(A)(ii) (Schar, Reid) |
| Filing 122 MINUTE entry before the Honorable Beth W. Jantz: The Court has reviewed the parties' joint status report #121 . The parties report that it appears they have reached agreement on a resolution and are in the process of finalizing settlement papers and obtaining necessary signatures. As suggested by the parties, another joint status report is due by 4/4/22. Mailed notice. (as, ) |
| Filing 121 STATUS Report (Joint) by Guaranteed Rate, Inc. (Schar, Reid) |
| Filing 120 MINUTE entry before the Honorable Beth W. Jantz: The Court has reviewed the parties' joint status report #119 . The parties report that they are making progress toward a settlement agreement, have exchanged comments to multiple drafts of a proposed settlement agreement, and have agreed upon certain issues. As suggested by the parties, another joint status report is due by 3/28/22. Mailed notice. (as, ) |
| Filing 119 STATUS Report (Joint) by Guaranteed Rate, Inc. (Schar, Reid) |
| Filing 118 MINUTE entry before the Honorable Beth W. Jantz: The Court has reviewed the parties' joint status report #117 . The parties report that they are making progress toward a settlement agreement and have exchanged comments to multiple drafts of a proposed settlement agreement. As suggested by the parties, another joint status report is due by 3/21/22. Mailed notice. (as, ) |
| Filing 117 STATUS Report (Joint) by Guaranteed Rate, Inc. (Schar, Reid) |
| Filing 116 MINUTE entry before the Honorable Beth W. Jantz: The Court has reviewed the parties' joint status report #115 . The parties report that they are making progress toward a settlement agreement and have exchanged comments to a draft agreement. As suggested by the parties, another joint status report is due by 3/14/22. Mailed notice. (as, ) |
| Filing 115 STATUS Report (Joint) by Guaranteed Rate, Inc. (Schar, Reid) |
| Filing 114 MINUTE entry before the Honorable Beth W. Jantz: The Court has reviewed the parties' joint status report #113 . The parties report that they are making progress toward a settlement agreement and have exchanged a draft agreement. As suggested by the parties, another joint status report is due by 2/28/22. Mailed notice. (as, ) |
| Filing 113 STATUS Report (Joint) by Guaranteed Rate, Inc. (Schar, Reid) |
| Filing 112 MINUTE entry before the Honorable Beth W. Jantz: The Court has reviewed the parties' joint status report #111 . The parties report that they are making progress toward a settlement agreement. As suggested by the parties, another joint status report is due by 2/14/22. Mailed notice. (as, ) |
| Filing 111 STATUS Report (Joint) by Guaranteed Rate, Inc. (Schar, Reid) |
| Filing 110 MINUTE entry before the Honorable Beth W. Jantz: The Court has reviewed the parties' joint status report. The parties report that they are engaged in settlement discussions and do not anticipate a need at this time to reschedule a hearing on plaintiff's preliminary injunction motion. As suggested by the parties, an other joint status report is due by 1/31/22. Mailed notice. (as, ) |
| Filing 109 STATUS Report (Joint) by Guaranteed Rate, Inc. (Schar, Reid) |
| Filing 108 REPLY by Guaranteed Rate, Inc. to sealed response, #96 , sealed response, #97 / Guaranteed Rate Inc,'s Reply in Support of its Pre-Hearing Proposed Findings of Fact and Conclusions of Law in Support of its Motion for Preliminary Injunction (Attachments: #1 Index of Exhibits, #2 Exhibit 1 - Filed Under Seal, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6 - Filed Under Seal, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11 - Filed Under Seal, #13 Exhibit 12 - Filed Under Seal, #14 Exhibit 13 - Filed Under Seal, #15 Exhibit 14 - Filed Under Seal, #16 Exhibit 15 - Filed Under Seal, #17 Exhibit 16 - Filed Under Seal, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30)(Schar, Reid) |
| Filing 107 MOTION by Plaintiff Guaranteed Rate, Inc. to seal portions of GRI's Reply in Support of Its Motion for Preliminary Injunction (Schar, Reid) |
| Filing 106 MINUTE entry before the Honorable Beth W. Jantz: Guaranteed Rate Inc.'s Motion For Leave To File Reply Brief In Excess Of 25 Pages #104 is denied. Mailed notice. (as, ) |
| Filing 105 RESPONSE by Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquisin Opposition to MOTION by Plaintiff Guaranteed Rate, Inc. for leave to file Reply Brief in Excess of 25 Pages #104 (Attachments: #1 Exhibit A)(Widman, Jeffrey) |
| Filing 104 MOTION by Plaintiff Guaranteed Rate, Inc. for leave to file Reply Brief in Excess of 25 Pages (Schar, Reid) |
| Filing 103 REPLY by Guaranteed Rate, Inc. to response in opposition to motion #81 / Guaranteed Rate, Inc.'s Reply in Support of Its Motion to Strike Affirmative Defenses (Schar, Reid) |
| Filing 102 REPLY by Guaranteed Rate, Inc. to response to motion #78 Guaranteed Rate, Inc.'s Reply in Support of Its Motion to Compel Arbitration as to Defendant Andrew Marquis's Counterclaims (Attachments: #1 Exhibit A, #2 Exhibit B)(Schar, Reid) |
| Filing 101 MINUTE entry before the Honorable Beth W. Jantz: The relief requested in the parties' joint stipulation is granted, as follows. #100 The status hearing currently scheduled for 1/6/22 with Magistrate Judge Jantz is stricken, and the Parties are to file a Joint Status Report by 1/18/22 updating the Court on (a) the status of the meet and confer process on Defendants' previous Motion for Sanctions; (b) the status of any settlement talks, and (c) any other matters related to the pending motion for a preliminary injunction. The deadline for Defendants to file any new motion to compel/for sanctions is stricken pending the Parties' meet and confer process and this JSR. The deadline for Plaintiff to file its pre-hearing reply brief is extended from 12/29/21 to 1/6/22. If necessary, the preliminary injunction hearing will be rescheduled for a date in the future following the parties' meet and confer process and based on the Court's availability. Accordingly, the deadline for the Parties to exchange witness lists and exhibit lists and to file a stipulated statement of facts and conclusions of law, including the Parties' proposed witness lists for the preliminary injunction hearing as well as estimated length of exams, is suspended and will be reset as necessary. Mailed notice (lp, ) |
| Filing 100 STIPULATION / Joint Stipulation to Modify Preliminary Injunction Hearing Schedule (Merrick, Andrew) |
| Filing 99 REPLY by Guaranteed Rate, Inc. to response to motion, #79 / Guaranteed Rate, Inc.'s Reply in Support of its Motion to Dismiss Defendant Andrew Marquis's Counterclaim Count V of Breach of Contract (Schar, Reid) |
| Filing 98 MOTION by Plaintiff Guaranteed Rate, Inc. to seal (unopposed) (Schar, Reid) |
| Filing 97 SEALED RESPONSE by Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis to MOTION by Plaintiff Guaranteed Rate, Inc. for preliminary injunction / Guaranteed Rate, Inc.'s Motion for Preliminary Injunctive Relief #6 /Defendants' Omnibus Proposed Findings of Fact and Conclusions of Law in Opposition to GRI's Motion for Preliminary Injunction/ (Attachments: #1 Exhibit A-O)(Widman, Jeffrey) |
| Filing 96 SEALED RESPONSE by Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis to MOTION by Plaintiff Guaranteed Rate, Inc. for preliminary injunction / Guaranteed Rate, Inc.'s Motion for Preliminary Injunctive Relief #6 (Attachments: #1 Exhibit A-L)(Widman, Jeffrey) |
| Filing 95 MOTION by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis to seal Defendants' Opposition to GRI's Motion for Preliminary Injunction and its exhibits and Defendants' Omnibus Proposed Findings of Fact and Conclusions of Law in Opposition to GRI's Motion for Preliminary Injunction and its exhibits (Widman, Jeffrey) |
| Filing 94 MINUTE entry before the Honorable Beth W. Jantz: Defendants' motion to seal their motion for sanctions #92 is granted. The motion for sanctions #93 is denied without prejudice for failure to comply with Local Rule 37.2's meet and confer requirements. The motion contains no indication that defendants met and conferred with plaintiff with respect to the discovery or relief sought. Defendants are directed to meet and confer with plaintiff regarding the issues identified in the motion for sanctions by 12/29/21. If the parties are unable to resolve their dispute, defendants may file a new motion to compel/for sanctions by close of business on 1/5/22. The parties are directed to review Judge Jantz' standing order re motions to compel on the Court's website. Status hearing currently scheduled 1/4/22 now reset to 1/6/22 at 8:45am. To join the status conference by phone, dial 888-273-3658 and enter access code 2217918. Members of the public and media will be able to call in to listen to this hearing as well. Mailed notice (ber, ) |
| Filing 93 SEALED MOTION by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis (Widman, Jeffrey) |
| Filing 92 MOTION by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis to seal (Widman, Jeffrey) |
| Filing 91 MINUTE entry before the Honorable Beth W. Jantz: In addition to submitting to the Court their stipulated facts and conclusions of law, now due by 12/29/2021, the parties should also include in their submission to the Court their proposed witness lists for the preliminary injunction hearing, as well as estimated length of exams. The parties are also directed to meet and confer ahead of time and so advise the Court in their submission whether the parties agree to "chess clock" limitations on examinations during the hearing, in order to efficiently manage the amount of time needed for the hearing. Mailed notice (ber, ) |
| Filing 90 MINUTE entry before the Honorable Beth W. Jantz: The parties' joint motion to modify the preliminary injunction hearing schedule #89 is granted. The deadline for the parties to exchange witness and exhibit lists and to submit stipulated facts and conclusions of law is extended until 12/29/2021. Mailed notice (ber, ) |
| Filing 89 MOTION by Counter Defendant Guaranteed Rate, Inc., Plaintiff Guaranteed Rate, Inc. Joint Motion by Plaintiff Guaranteed Rate, Inc. and Defendants Andrew Marquis et al. to Modify the Court's November 23, 2021 Preliminary Injunction Hearing Schedule (Merrick, Andrew) |
| Filing 88 MINUTE entry before the Honorable Beth W. Jantz: Plaintiff's motion for an extension of time to comply with the Court's discovery order and for a modification of the pre-hearing briefing schedule #87 is granted. Plaintiff's deadline to produce documents compelled in this Court's December 8 order #77 is extended until 12/17/21. Defendants' pre-hearing brief is due by 12/22/21. Plaintiff's reply brief is due by 12/29/21. Mailed notice. (as, ) |
| Filing 87 MOTION by Plaintiff Guaranteed Rate, Inc. for extension of time / Guaranteed Rate, Inc.'s Unopposed Motion to Extend the Court's December 8, 2021 Production Deadline and Modify the Court's November 23, 2021 Pre-Hearing Briefing Schedule (Merrick, Andrew) |
| Filing 86 Letter by Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis (Widman, Jeffrey) |
| Filing 85 EXHIBIT by Plaintiff Guaranteed Rate, Inc. Exhibit 7 (Redacted) regarding other,,,, #84 (Schar, Reid) |
| Filing 84 Guaranteed Rate, Inc.'s Initial Pre-Hearing Proposed Findings of Fact and Conclusions of Law in Support of its Motion for Preliminary Injunction by Guaranteed Rate, Inc. #6 (Attachments: #1 Index of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3 - Filed Under Seal, #5 Exhibit 4 - Filed Under Seal, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9 - Redacted, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12 - Redacted, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15 - Filed Under Seal, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18 - Filed Under Seal, #20 Exhibit 19, #21 Exhibit 20 - Filed Under Seal, #22 Exhibit 21 - Redacted, #23 Exhibit 22 - Filed Under Seal, #24 Exhibit 23 - Redacted, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29 - Filed Under Seal, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33 - Filed Under Seal, #35 Exhibit 34 - Filed Under Seal)(Schar, Reid) |
| Filing 83 MOTION by Plaintiff Guaranteed Rate, Inc. to seal / Plaintiff's Unopposed Motion to Seal (Schar, Reid) |
| Filing 82 MOTION by Defendant Andrew Marquis to seal Marquis Opposition to GRI's Motion to Strike (dkt 81) (Attachments: #1 Text of Proposed Order)(Widman, Jeffrey) |
| Filing 81 RESPONSE by Andrew Marquisin Opposition to MOTION by Plaintiff Guaranteed Rate, Inc. to strike / Guaranteed Rate, Inc.'s Motion to Strike Defendant Andrew Marquis's Affirmative Defenses #55 (Widman, Jeffrey) |
| Filing 80 MOTION by Defendant Andrew Marquis to seal Marquis Response to Motion to Dismiss Count V of Counterclaim (Dkt 79) (Attachments: #1 Text of Proposed Order)(Widman, Jeffrey) |
| Filing 79 RESPONSE by Andrew Marquis to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Guaranteed Rate, Inc. / Guaranteed Rate, Inc.'s Motion to Dismiss Defendant Andrew Marquis's Counterclaim Count V for Breach of Contract #53 (Widman, Jeffrey) |
| Filing 78 RESPONSE by Andrew Marquis to MOTION by Plaintiff Guaranteed Rate, Inc. to compel / Guaranteed Rate, Inc.'s Motion to Compel Arbitration of Defendant Andrew Marquis's Counterclaims Counts I-IV #50 (Widman, Jeffrey) |
Filing 77
ORDER signed by the Honorable Beth W. Jantz on 12/8/2021: For the reasons discussed in the accompanying statement, defendants' motion to compel #70 is granted in part and denied in part. The motion is granted with respect to RFP 11 and with respect to mobile device searches for RFPs 7, 9, 10, 11 and 20. The motion is denied with respect to RFP 9 and the depositions of Victor Ciardelli and John Elias. Plaintiff is directed to produce the compelled documents by 12/13/21. Defendants are to account for the non-production of Exhibit E to their motion by 12/13/21. Status hearing set for 1/4/22 at 9:30 a.m. To join the hearing, dial 888-273-3658 and enter access code 2217918. If the parties are interested in a settlement conference at any time with this Court, the parties may jointly advise this Court's chambers account (Chambers_Jantz@ilnd.uscourts.gov), and the Court would be able to accommodate a settlement conference either via video on relatively short notice during the second half of December 2021 or early January 2022. Mailed notice. (as, )
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| Filing 76 MINUTE entry before the Honorable Beth W. Jantz: Plaintiff's Unopposed Motion to seal #72 is granted. Mailed notice. (as, ) |
| Filing 75 SEALED DOCUMENT by Plaintiff Guaranteed Rate, Inc. / Memorandum of Law in Support of Guaranteed Rate, Inc.'s Opposition to Defendants' Motion to Compel (Unredacted Version) (Schar, Reid) |
| Filing 74 SEALED EXHIBIT by Plaintiff Guaranteed Rate, Inc. / Exhibit C regarding MOTION by Plaintiff Guaranteed Rate, Inc. to seal (Unopposed) #72 , memorandum #73 (Schar, Reid) |
| Filing 73 MEMORANDUM by Guaranteed Rate, Inc. / Memorandum of Law in Support of Guaranteed Rate, Inc.'s Opposition to Defendants' Motion to Compel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schar, Reid) |
| Filing 72 MOTION by Plaintiff Guaranteed Rate, Inc. to seal (Unopposed) (Schar, Reid) |
| Filing 71 ATTORNEY Appearance for Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis, Counter Claimant Andrew Marquis by Laura Elizabeth Caplin (Caplin, Laura) |
| Filing 70 SEALED MOTION by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis Defendants' Motion to Compel Sealed with Exhibits (Widman, Jeffrey) |
| Filing 69 MINUTE entry before the Honorable Beth W. Jantz: Defendants' motion for leave to file their motion to compel under seal #67 is granted. Defendants are directed to file a sealed, unredacted version of the motion to compel by today at 4:00 p.m. CT. Mailed notice. (as, ) |
| Filing 68 MOTION by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis to compel Defendants' Motion to Compel (Widman, Jeffrey) |
| Filing 67 MOTION by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis to seal Defendants' Motion to Seal (Widman, Jeffrey) |
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Filing 66
TRANSCRIPT OF PROCEEDINGS held on 11/23/21 before the Honorable Beth W. Jantz. Order Number: 42121. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
| Filing 65 RESPONSE by Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquisin Opposition to MOTION by Plaintiff Guaranteed Rate, Inc. for leave to file / Plaintiff's Motion for Leave to File Sur-Reply #62 (Widman, Jeffrey) |
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Filing 64
ORDER Signed by the Honorable Beth W. Jantz on 11/23/2021: Status hearing held on 11/23/21. The preliminary injunction hearing will be rescheduled from December 1-2, 2021, to some day(s) during the first two weeks of January 2022. The parties are directed to jointly email by 11/30/21 Judge Pacold's courtroom deputy with any discrete day(s) during those weeks on which no counsel for either plaintiff or defendant are available, and how many day(s) the parties are requesting for the hearing. The parties should also meet and confer ahead of time and so advise the Court whether the parties agree to "chess clock" limitations on examinations during the hearing, in order to efficiently manage the amount of time needed for the hearing. If the movant, the Plaintiff, requests a later date(s) for this hearing, it can so advise this Court and rescheduling can be discussed with the parties. As discussed in open court, if the parties are interested in a settlement conference at any time with this Court, the parties may jointly advise this Court's chambers account Chambers_Jantz@ilnd.uscourts.gov, and the Court would be able to accommodate a settlement conference either via video or in person on relatively short notice during the second half of December 2021. See accompanying order for details. Mailed notice. (as, )
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| Filing 63 STATUS Report Joint by Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis (Widman, Jeffrey) |
| Filing 62 MOTION by Plaintiff Guaranteed Rate, Inc. for leave to file / Plaintiff's Motion for Leave to File Sur-Reply (Attachments: #1 Exhibit A Plaintiff's Sur-Reply)(Schar, Reid) |
| Filing 61 MOTION by Plaintiff Guaranteed Rate, Inc. to seal / Plaintiff's Unopposed Motion to Seal (Schar, Reid) |
| Filing 60 JOINT SUBMISSION Regarding Briefing Schedule by Guaranteed Rate, Inc. (Merrick, Andrew) (Docket Text Modified by Clerk's Office on 11/18/2021) (jg, ). |
| Filing 59 REPLY by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis to motion to dismiss #32 (redacted) (Attachments: #1 Exhibit A, #2 Exhibit B)(Widman, Jeffrey) |
| Filing 58 MOTION by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis to seal Defendants' Reply in Support of Motion to Dismiss (Attachments: #1 Text of Proposed Order)(Widman, Jeffrey) |
| Filing 57 MINUTE entry before the Honorable Beth W. Jantz: Status hearing held on 11/10/21 and continued until 11/23/21 at 9:00 a.m. As discussed on the oral record, defendants are ordered to identify to plaintiff, by 11/12/21: (1) whether their Google Drive accounts have been searched and produced; (2) whether messages from WhatsApp and Signal have been collected, searched, and produced; and (3) an expedited time frame (no later than 11/17/21) for production of responsive Google Drive documents, messaging app communications (WhatsApp and Signal), and social media content (LinkedIn and Facebook/Instagram Messenger). Among other topics, Defendants should specifically discuss with their ESI vendor its presumed ability to produce messaging and social media content in a format other than just screenshots. Defendants are further ordered to produce the call records identified on page 8 of the parties' 11/8/21 status report by 11/12/21. Defendants are further ordered to identify to plaintiff by 11/12/21 the hit count(s) referenced on page 9 of the 11/8/21 status report, and make the corresponding production by 11/16/21. The parties are directed to meet and confer (by phone or video; emails or letters will not suffice) with respect to any outstanding discovery disputes by 11/17/21. During their discussions, the parties should keep in mind that this is expedited discovery and should only pursue information necessary to conduct the preliminary injunction hearing. The Court instructs the parties that some discovery related to defendants' affirmative defenses is appropriate in advance of the preliminary injunction hearing, subject to the limitations inherent to expedited discovery. The Court further instructs plaintiff that, absent a specific and compelling explanation and justification, it expects plaintiff to search its custodians' mobile devices for responsive data. A joint status report is due by 11/19/21 at NOON identifying the parties' meet and confer efforts, any outstanding discovery disputes, and the status of and proposed scheduling for expedited depositions (which can commence when either party is ready to proceed on those). The 11/24/21 deadline to exchange prehearing briefs, stipulate to uncontested facts, and exchange witness and exhibit lists is stayed. If the parties are unable to resolve their discovery disputes by or during the next status hearing, any motions to compel will be due by 11/29/21. At the next status hearing, the parties should be prepared to discuss alternative dates for the preliminary injunction hearing. Mailed notice. (as, ) |
| Filing 56 MEMORANDUM by Guaranteed Rate, Inc. in support of motion to strike #55 / Memorandum in Support of Guaranteed Rate, Inc.'s Motion to Strike Defendant Andrew Marquis's Affirmative Defenses (Attachments: #1 Exhibit A, #2 Exhibit B)(Schar, Reid) |
| Filing 55 MOTION by Plaintiff Guaranteed Rate, Inc. to strike / Guaranteed Rate, Inc.'s Motion to Strike Defendant Andrew Marquis's Affirmative Defenses (Schar, Reid) |
| Filing 54 MEMORANDUM by Guaranteed Rate, Inc. in support of Motion to Dismiss for Failure to State a Claim #53 / Guaranteed Ratee, Inc.'s Memorandum of Law in Support of its Motion to Dismiss Defendant Andrew Marquis's Counterclaim Count V of Breach of Contract (Attachments: #1 Exhibit A)(Schar, Reid) |
| Filing 53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Guaranteed Rate, Inc. / Guaranteed Rate, Inc.'s Motion to Dismiss Defendant Andrew Marquis's Counterclaim Count V for Breach of Contract (Schar, Reid) |
| Filing 52 MOTION by Plaintiff Guaranteed Rate, Inc. to seal / Plaintiff's Unopposed Motion to Seal (Schar, Reid) |
| Filing 51 MEMORANDUM by Guaranteed Rate, Inc. in support of motion to compel #50 / Memorandum in Support of Guaranteed Rate, Inc.'s Motion to Compel Arbitration as to Defendant Andrew Marquis's Counterclaims (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Schar, Reid) |
| Filing 50 MOTION by Plaintiff Guaranteed Rate, Inc. to compel / Guaranteed Rate, Inc.'s Motion to Compel Arbitration of Defendant Andrew Marquis's Counterclaims Counts I-IV (Schar, Reid) |
| Filing 49 STATUS Report (Joint) by Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis (Widman, Jeffrey) |
| Filing 48 MINUTE entry before the Honorable Beth W. Jantz: The Court has reviewed the parties' joint status report #42 . The Court appreciates the parties' noted and ongoing efforts to meet and confer on outstanding discovery issues. In order to allow the parties more time for those meet and confer efforts, the status hearing set for 11/3/21 is reset for 11/10/21 at 9:00 a.m. The parties are directed to, by 11/5/21, meet and confer in an effort to resolve their outstanding discovery disputes, including but not limited to the parties' disputes over: (1) defendants' disclosure of the custodians and devices searched, the search terms or predictive coding used to search ESI, and the mechanisms through which call records and text messages were searched; (2) the formatting of the text messages defendants produced; (3) the adequacy of defendants' searches for Google Drive and other cloud database documents; and (4) the scope of discovery of documents in plaintiff's possession related to defendants' affirmative defenses. Efforts to meet and confer must be conducted in good faith to reach an accord on at least some issues, and must occur by phone or video; emails or letters alone will not suffice. The parties are directed to file a joint status report by NOON on 11/8/21, addressing the parties' remaining discovery disputes, if any, following their meet and confer efforts. To the extent the parties have any remaining disputes, the joint status report should include a proposed briefing schedule for any motions to compel the parties intend to file. Any motions to compel must be supported with reference to the specific discovery request and response at issue (i.e., not just "categories" of discovery), support for each, a recitation of the parties' meet and confer efforts, and copies of the actual discovery requests/responses at issue. The JSR should also include the parties' positions regarding whether they will be ready to proceed with the preliminary injunction hearing on December 1-2, and if not, their requested timeframe for rescheduled hearing date(s), subject to the Court's schedule. The 11/5/21 deadline for completion of document production and the 11/19/21 deadline for completion of depositions are stayed and will be reset at the next status hearing on 11/10/21. To join the call, counsel shall dial 888-273-3658 and enter access code 2217918. Mailed notice. (as, ) |
| Filing 47 STIPULATED ORDER RE: DISCOVERY AND PRODUCTION OF ELECTRONICALLYSTORED INFORMATION. Signed by the Honorable Beth W. Jantz on 11/2/2021. Mailed notice. (as, ) |
| Filing 46 MINUTE entry before the Honorable Beth W. Jantz: The parties' joint motion for entry of a stipulated ESI protocol #43 is granted, subject to the Court's minor modifications to the proposed order. Enter order. Mailed notice. (as, ) |
| Filing 45 RESPONSE by Guaranteed Rate, Inc.in Opposition to MOTION by Defendants Tom Giusti, Patrick Collins, Kevin Coccoluto, Nick Marlin, Andrew Marquis, James Ellis to dismiss #32 / Guaranteed Rate, Inc.'s Opposition to Defendants' Motion to Dismiss (Schar, Reid) |
| Filing 44 MOTION by Plaintiff Guaranteed Rate, Inc. to seal / Plaintiff's Unopposed Motion to Seal (Schar, Reid) |
| Filing 43 MOTION by Plaintiff Guaranteed Rate, Inc./ Joint Motion for ESI Order (Attachments: #1 Proposed Stipulated ESI Order)(Merrick, Andrew) |
| Filing 42 STATUS Report (Joint) by Guaranteed Rate, Inc. (Attachments: #1 Exhibit A - 10/28/2021 Letter from GRI)(Merrick, Andrew) |
| Filing 41 SEALED EXHIBIT by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis, Counter Claimant Andrew Marquis (Exhibit C) regarding MOTION by Defendants Tom Giusti, Patrick Collins, Kevin Coccoluto, Nick Marlin, Andrew Marquis, James Ellis to dismiss #32 (Widman, Jeffrey) |
| Filing 40 SEALED EXHIBIT by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis, Counter Claimant Andrew Marquis (Exhibit B) regarding MOTION by Defendants Tom Giusti, Patrick Collins, Kevin Coccoluto, Nick Marlin, Andrew Marquis, James Ellis to dismiss #32 (Widman, Jeffrey) |
| Filing 39 STIPULATED PROTECTIVE ORDER. Signed by the Honorable Beth W. Jantz on 10/26/2021. Mailed notice. (as, ) |
| Filing 38 MINUTE entry before the Honorable Beth W. Jantz: The parties' Stipulated Protective Order #37 is granted. Enter Protective Order. Mailed notice. (as, ) |
| Filing 37 MOTION by Plaintiff Guaranteed Rate, Inc. for protective order / Joint Motion for Entry of Stipulated Protective Order (Attachments: #1 Proposed Stipulated Protective Order)(Merrick, Andrew) |
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Filing 36
ORDER Granting Defendants' Motion to Seal Signed by the Honorable Martha M. Pacold on 10/22/2021:(rao, )
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| Filing 35 MINUTE entry before the Honorable Martha M. Pacold: Defendants' motion to seal #34 is granted. (rao, ) |
| Filing 34 MOTION by Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis, Counter Claimant Andrew Marquis to seal (Widman, Jeffrey) |
| Filing 33 ANSWER to Complaint (Count II), Affirmative Defenses and COUNTERCLAIM filed by Andrew Marquis against Guaranteed Rate, Inc. . by Andrew Marquis(Widman, Jeffrey) |
| Filing 32 MOTION by Defendants Tom Giusti, Patrick Collins, Kevin Coccoluto, Nick Marlin, Andrew Marquis, James Ellis to dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Widman, Jeffrey) |
| Filing 31 MINUTE entry before the Honorable Beth W. Jantz: This matter has been referred to the Magistrate Judge for discovery supervision and scheduling, including setting and modifying deadlines, to set a deadline for amended pleadings, to set a dispositive motions schedule, and for settlement matters #30 . The parties are directed to review Judge Jantz's standing orders on initial status conferences and reports, and on settlement conferences. A telephonic initial status conference is scheduled for 11/3/21 at 10am. An initial status report is due by NOON on 11/1/21, and should address (a) the current status of expedited discovery, (b) any current disagreements thereon, (c) efforts to meet and confer on those disagreements, (d) a discussion of ongoing efforts to be prepared for the December 1-2 preliminary injunction hearing, and (e) any interest in an early settlement conference. To join the status conference by phone, counsel shall dial 888-273-3658 and enter access code 2217918. Members of the public and media will be able to call in to listen to this hearing as well. 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. (as, ) |
| Filing 30 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Beth W. Jantz for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. The referral includes the authority to modify any deadlines already set.(rao, ) |
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Filing 29
SCHEDULING ORDER Signed by the Honorable Martha M. Pacold on 10/14/2021:(rao, )
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| Filing 28 MINUTE entry before the Honorable Martha M. Pacold: The court has received the joint status report #27 and enters the parties' proposed scheduling order in preparation for the December 1-2, 2021 preliminary injunction hearing. (rao, ) |
| Filing 27 STATUS Report / Joint Status Report by Guaranteed Rate, Inc. (Schar, Reid) |
| Filing 26 ATTORNEY Appearance for Plaintiff Guaranteed Rate, Inc. by Margaret Mary Hlousek (Hlousek, Margaret) |
| Filing 25 SUMMONS Returned Executed by Guaranteed Rate, Inc. as to James Ellis on 9/28/2021, answer due 10/19/2021. (Schar, Reid) |
| Filing 24 SUMMONS Returned Executed by Guaranteed Rate, Inc. as to Nick Marlin on 9/28/2021, answer due 10/19/2021. (Schar, Reid) |
| Filing 23 SUMMONS Returned Executed by Guaranteed Rate, Inc. as to Patrick Collins on 9/30/2021, answer due 10/21/2021. (Schar, Reid) |
| Filing 22 SUMMONS Returned Executed by Guaranteed Rate, Inc. as to Andrew Marquis on 9/27/2021, answer due 10/18/2021. (Schar, Reid) |
| Filing 21 SUMMONS Returned Executed by Guaranteed Rate, Inc. as to Tom Giusti on 9/27/2021, answer due 10/18/2021. (Schar, Reid) |
| Filing 20 SUMMONS Returned Executed by Guaranteed Rate, Inc. as to Kevin Coccoluto on 9/28/2021, answer due 10/19/2021. (Schar, Reid) |
| Filing 19 SEALED TRANSCRIPT OF PROCEEDINGS held on 10/5/21 before the Honorable Martha M. Pacold. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. (Fennell, Kathleen) |
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Filing 18
TRANSCRIPT OF PROCEEDINGS held on 10/4/21 before the Honorable Martha M. Pacold. Order Number: 41796. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
| Filing 17 MINUTE entry before the Honorable Martha M. Pacold: Telephonic hearing held on 10/5/2021 regarding Plaintiff's motion for preliminary injunction #6 and motion for expedited discovery #11 . The portion of the hearing concerning the confidential settlement agreement is sealed. Plaintiff's motion for limited expedited discovery #11 is granted. Document production responsive to the limited expedited discovery is to be completed by 10/26/2021. Preliminary Injunction hearing set for 12/1/2021 and 12/2/2021 at 9:30 a.m. The parties should meet and confer regarding the schedule in preparation for the preliminary injunction hearing, including any additional discovery or briefing deadlines, and submit a joint status report by 10/12/2021 with a proposed schedule. (rao, ) |
| Filing 16 ATTORNEY Appearance for Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis by Gabrielle Winslow (Winslow, Gabrielle) |
| Filing 15 ATTORNEY Appearance for Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis by Martin R. Martos, II (Martos, Martin) |
| Filing 14 MINUTE entry before the Honorable Martha M. Pacold: Telephonic motion hearing held on 10/4/2021 regarding Plaintiff's motion for preliminary injunctive relief #6 and motion for expedited discovery #11 . Defense counsel will submit a copy of the settlement agreement to this court's proposed order inbox: Proposed_Order_Pacold@ilnd.uscourts.gov. Telephonic motion hearing continued to 10/5/2021 at 10:00 a.m. Dial toll-free call-in number (888) 684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against recording or rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the court. (rao, ) |
| Filing 13 EXECUTIVE COMMITTEE ORDER: It appearing that 21 CV 5080, Guaranteed Rate, Inc v. Marquis et al., is currently assigned to the Hon. Martha M. Pacold and designated to Magistrate Judge Gabriel A. Fuentes; and It further appearing that Magistrate Judge Fuentes has recused himself from being the designated Magistrate Judge in case 21 CV 5080, Guaranteed Rate, Inc v. Marquis et al., pursuant to Internal Operating Procedure 13(f)(2)(B); therefore It is hereby ordered that 21 CV 5080, Guaranteed Rate, Inc v. Marquis et al., be reassigned to another magistrate judge of this Court.. Signed by Executive Committee on 10/4/2021. (bg, ) |
| Filing 12 MEMORANDUM by Guaranteed Rate, Inc. in support of motion for discovery #11 (Schar, Reid) |
| Filing 11 MOTION by Plaintiff Guaranteed Rate, Inc. for discovery / Guaranteed Rate, Inc.'s Motion for Expedited Discovery (Schar, Reid) |
| Filing 10 ATTORNEY Appearance for Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis by Jeffrey L. Widman (Widman, Jeffrey) |
| Filing 9 MINUTE entry before the Honorable Martha M. Pacold: The status hearing set for 10/1/2021 is stricken and reset to 10/4/2021 at 2:30 p.m. Dial toll-free call-in number (888) 684-8852; followed by the conference access code: 9482028#. Persons granted remote access to proceedings are reminded of the general prohibition against recording or rebroadcasting of court proceedings. Violations of these prohibitions may result in sanctions deemed necessary by the court. (rao, ) |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: Telephonic status hearing set for 10/1/2021 at 1:00 p.m. Dial toll-free call-in number (888) 684-8852; followed by the conference access code: 9482028#. Plaintiff's counsel should notify defendants of the status hearing. (rao, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff Guaranteed Rate, Inc. by Benjamin T Halbig (Halbig, Benjamin) |
| Filing 6 MOTION by Plaintiff Guaranteed Rate, Inc. for preliminary injunction / Guaranteed Rate, Inc.'s Motion for Preliminary Injunctive Relief (Attachments: #1 Memorandum in Support of Guaranteed Rate, Inc.'s Motion for Preliminary Injunctive Relief)(Schar, Reid) |
| SUMMONS Issued as to Defendants Kevin Coccoluto, Patrick Collins, James Ellis, Tom Giusti, Nick Marlin, Andrew Marquis (ak, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jf, ) |
| Filing 5 CORPORATE DISCLOSURE Statement and Notification as to Affiliates pursuant to Local Rule 3.2 by Guaranteed Rate, Inc. (Schar, Reid) Docket Text Modified by Clerk's Office on 9/27/2021 (cp, ). |
| Filing 4 ATTORNEY Appearance for Plaintiff Guaranteed Rate, Inc. by Andrew Francis Merrick (Merrick, Andrew) |
| Filing 3 ATTORNEY Appearance for Plaintiff Guaranteed Rate, Inc. by Reid J Schar (Schar, Reid) |
| Filing 2 CIVIL Cover Sheet (Schar, Reid) |
| Filing 1 COMPLAINT / Complaint for Injunctive Relief, Damages, and Demand for Jury Trial filed by Guaranteed Rate, Inc.; Jury Demand. Filing fee $ 402, receipt number 0752-18705933. (Attachments: #1 Exhibit A - Marquis Agreement, #2 Exhibit B - Marquis Option Award, #3 Exhibit C - Marquis Equity Incentive Plan, #4 Exhibit D - Coccoluto Agreement, #5 Exhibit E - Collins Agreement, #6 Exhibit F - Ellis Agreement, #7 Exhibit G - Giusti Agreement, #8 Exhibit H - Marlin Agreement, #9 Exhibit I - Marquis Email Chain, #10 Exhibit J - Marquis Google Share Request Email, #11 Exhibit K - Private and Shared Email Addresses Policy, #12 Exhibit L - Coccoluto Email)(Schar, Reid) |
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