Garfield Aurora I, LLC et al v. Greater New York Mutual Insurance Company
| Garfield Aurora I, LLC and Garfield Aurora II, LLC |
| GREATER NEW YORK MUTUAL INSURANCE COMPANY |
| St. Charles Bank & Trust Co. |
| 1:2021cv05582 |
| October 20, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Jeffrey T Gilbert |
| Contract: Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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| Filing 49 MINUTE entry before the Honorable Jeffrey T. Gilbert: The parties' Unopposed Motion to Extend the Discovery Deadlines #47 is granted. Record custodian depositions shall be completed by 11/10/22. Fact discovery shall be completed by 1/11/23. The parties shall file any necessary motions to compel by 1/11/23. Mailed notice (ber, ) Modified on 9/30/2022 (ber, ). (Main Document 49 replaced on 9/30/2022) (ber, ). |
| Filing 48 NOTICE by Garfield Aurora I, LLC, Garfield Aurora II, LLC re MOTION by Plaintiffs Garfield Aurora I, LLC, Garfield Aurora II, LLC for extension of time Unopposed - Extend Discovery Deadlines #47 (Tahmassebi, Amir) |
| Filing 47 MOTION by Plaintiffs Garfield Aurora I, LLC, Garfield Aurora II, LLC for extension of time Unopposed - Extend Discovery Deadlines (Tahmassebi, Amir) |
| Filing 46 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report and Agreed Proposed Brief Scheduling #45 . Per the parties' agreed proposed schedule: (1) Daniel Olswang shall be deposed by 9/28/2022; (2) GNY's counsel shall confer with Plaintiffs' counsel to schedule and notice the record depositions of PM Adjusting, LLC and Ron Basara by 9/16/2022, with such record depositions to be conducted by 10/14/2022; (3) The parties shall file an updated joint status report by 10/19/22 and, if the parties want the Court to extend the fact discovery close date currently set for 11/28/22 #41 , then they shall file a motion seeking such relief supported by good cause within the meaning of Federal Rule of Civil Procedure 16(b)(4); (4) If the parties are unable to resolve their discovery disputes following full compliance with Local Rule 37.2 (which the parties should note, by its terms, requires consultation in person or by telephone, not by email), then GNY shall file any necessary motion(s) to compel by 10/26/22, with response(s) due 11/16/22, and reply(ies) due 11/30/22. Mailed notice (ber, ) |
| Filing 45 STATUS Report Joint Status Report and Agreed Proposed Brief Scheduling by Garfield Aurora I, LLC, Greater New York Mutual Insurance Company, St. Charles Bank & Trust Co. (Bialk, Alexander) |
| Filing 44 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report and Motion to Extend Time to Exhaust All Meet and Confer Efforts Regarding Plaintiffs' Supplemental Production and Interrogatory Responses #43 . The Motion to Extend Time is granted. By 9/7/22, the parties shall file an updated status report concerning the discovery issues referenced in their last status report #43 and, if they are at impasse on any issues, then the parties shall suggest an agreed briefing schedule to present any issues that need to be presented to the Court. The briefing schedule set in the Court's order of 7/21/22 #41 is stricken in light of the ruling on the parties' Motion to Extend #43 . Mailed notice (ber, ) |
| Filing 43 STATUS Report Joint by Garfield Aurora I, LLC, Garfield Aurora II, LLC (Tahmassebi, Amir) |
| Filing 42 CERTIFICATE of Service Plaintiffs' Amended Answers to Interrogatories and Amended Rule 26(a)(1) Initial Disclosures (Tahmassebi, Amir) |
| Filing 41 MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 7/20/22. The Court reviewed the parties' Joint Status Report and Motion to Extend the Discovery Deadlines #40 . Motion to Extend the Discovery Deadlines #40 is granted. Fact discovery shall be completed by 11/28/22. Plaintiff shall produce amended discovery answers and additional documents by 7/29/22. Defendant GNY to file any discovery motion by 8/19/22. Responses to Defendant GNY's discovery motion due by 9/2/22. Reply brief due by 9/16/22. The parties shall file a status report concerning their progress with discovery on 8/19/22. Mailed notice (ber, ) |
| Filing 40 STATUS Report Joint Status Report and Motion to Extend the Discovery Deadlines by Garfield Aurora I, LLC, Greater New York Mutual Insurance Company, St. Charles Bank & Trust Co. (Bialk, Alexander) Modified on 7/21/2022 (ber, ). |
| Filing 39 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report and Motion to Extend the Discovery Deadlines #38 . Telephone status hearing set for 7/20/22 at 10:00 a.m. The parties shall file an updated status report by noon on 7/18/22 that addresses the following matters: (A) the parties' progress in resolving the matters discussed in numbered clauses (1) through (4) in the first full paragraph on page 2 of their last status report #38 ; (B) whether motion practice is necessary with respect to any of those issues and, if so, a proposed briefing schedule; (C) identifies all witnesses any party then intends to depose prior to the close of fact discovery; (D) identifies any witnesses deposed to date; and (E) contains proposed or confirmed dates for as many witnesses as possible as of the filing of the status report. The Court will address the parties' request to extend the case management schedule previously set #30 at the next status hearing which will proceed before the current fact discovery close date, previously proposed by the parties, of 7/29/22 #30 . The Court is reluctant to just extend all dates by 120 days, as the parties propose in their last status report #38 , without more information about a reasonable plan that will allow the parties to complete fact and expert discovery in accordance with their newly-proposed schedule. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. 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. Mailed notice (ber, ) Modified on 7/19/2022 (ber, ). |
| Filing 38 STATUS Report Joint Status Report and Motion to Extend the Discovery Deadline by Greater New York Mutual Insurance Company (Bialk, Alexander) |
| Filing 37 CERTIFICATE of Service (Harrod, Samuel) |
| Filing 36 CERTIFICATE of Service by Amir R. Tahmassebi on behalf of Garfield Aurora I, LLC (Tahmassebi, Amir) |
| Filing 35 CERTIFICATE of Service by Amir R. Tahmassebi on behalf of Garfield Aurora I, LLC (Tahmassebi, Amir) |
| Filing 34 MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 6/2/22. The parties shall file a joint status report by 6/21/22 that includes a schedule of confirmed depositions that all parties intend to take before the close of fact discovery. Mailed notice (ber, ) |
| Filing 33 STATUS Report Joint by Garfield Aurora I, LLC, Garfield Aurora II, LLC (Tahmassebi, Amir) |
| Filing 32 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report #31 . The parties shall file an updated status report by noon on 6/1/22 concerning their progress with written discovery and with proposed or confirmed dates for depositions to be taken through the close of fact discovery. A telephonic status hearing is set for 6/2/22 at 10:15 a.m. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. 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. Mailed notice (ber, ) |
| Filing 31 STATUS Report Joint by Garfield Aurora I, LLC, Garfield Aurora II, LLC (Tahmassebi, Amir) |
| Filing 30 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Joint Status Report #29 . At the parties' joint request, the fact discovery close date is extended to 7/29/22. Plaintiffs' to disclose their Rule 26 experts by 8/26/22. GNY and Bank to disclose any Rule 26 experts by 9/30/22. All expert depositions shall be completed by 11/4/22. The parties shall file an updated status report by 5/2/22 that addresses the parties' progress with written and any oral discovery. Mailed notice (ber, ) |
| Filing 29 STATUS Report Joint Status Report by Garfield Aurora I, LLC (Tahmassebi, Amir) |
| Filing 28 Answers to Affirmative Defenses by St. Charles Bank & Trust Co. (Harrod, Samuel) |
| Filing 27 Third-Party Defendants ANSWER to Complaint by Garfield Aurora I, LLC (Attachments: #1 Notice of Filing)(Tahmassebi, Amir) |
| Filing 26 ANSWER to Third Party Complaint Greater New York Mutual Insurance Company's Answer to St. Charles Bank & Trust Company's Third-Party Complaint by Greater New York Mutual Insurance Company(Bialk, Alexander) |
| Filing 25 CERTIFICATE of Service by Amir R. Tahmassebi on behalf of Garfield Aurora I, LLC (Tahmassebi, Amir) |
| Filing 24 THIRD party complaint by St. Charles Bank & Trust Co. against Garfield Aurora I, LLC, Greater New York Mutual Insurance Company . (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Harrod, Samuel) |
| Filing 23 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Harrod, Samuel) |
| Filing 22 MINUTE entry before the Honorable Jeffrey T. Gilbert: Proposed intervenor St. Charles Bank & Trust Company filed a Motion to Intervene in this case as a Third Party Plaintiff on 1/13/22 #19 . On 1/14/22, the Court ordered that any response to the Petition #19 be filed by 1/28/22. No response or opposition to the Petition #19 was filed. Accordingly, the Petition #19 is granted and St. Charles Bank & Trust Company is given leave to intervene in this case as a Third Party Plaintiff pursuant to 28 U.S.C. 13679(a) and to file its Third Party Complaint [19-1] separately on the CM/ECF docket subject to its filing a Consent to Exercise of Jurisdiction by a United States Magistrate Judge. Third Party Defendants shall answer or otherwise plead to the Third Party Complaint 14 days after the filing of the Third Party Complaint and the Consent to Exercise of Jurisdiction by a United States Magistrate Judge whichever is the last to be filed. Third Party Plaintiff St. Charles shall join in the filing of the updated status report that is due on 3/15/22 #16 . Mailed notice (ber, ) |
| Filing 21 MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court sets the following briefing schedule on the Petition of St. Charles Bank & Trust Company for Leave to Intervene as of Right #19 : Response due by 1/28/22. Reply due by 2/7/22. The motion hearing noticed for 1/25/22 is stricken. Mailed notice (ber, ) |
| Filing 20 NOTICE of Motion by Samuel Glenn Harrod, IV for presentment of before Honorable Jeffrey T. Gilbert on 1/25/2022 at 09:15 AM. (Harrod, Samuel) |
| Filing 19 PETITION for Leave to Intervene (Attachments: #1 Exhibit Exhibit 1)(Harrod, Samuel) Modified on 1/18/2022 (jh, ). |
| Filing 18 ATTORNEY Appearance for Intervenor St. Charles Bank & Trust Co. by Samuel Glenn Harrod, IV (Harrod, Samuel) |
| Filing 17 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Tahmassebi, Amir) |
| Filing 16 MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 12/7/21. If both parties consent to Magistrate Judge Gilbert presiding over this case through judgment in accordance with 28 U.S.C. 636, then the Court requests that the parties file on or before 12/14/21 a Consent to Exercise of Jurisdiction by a United States Magistrate Judge (available on the Court's website) now that the case has been reassigned to Magistrate Judge Gilbert from Magistrate Judge Kim #13 . The parties shall serve Rule 26(a)(1) disclosures by 1/21/22. Written discovery to be served by 2/4/22. All fact discovery shall be completed by 6/1/22. Plaintiffs' Rule 26(a)(2) experts shall be disclosed by 7/1/22. Defendant's Rule 26(a)(2) disclosures shall be made by 8/1/22. All expert depositions shall be concluded by 9/1/22. The parties shall file an updated status report by 3/15/22 that includes their progress with written discovery, and, if possible, proposed and/or confirmed dates for depositions. Mailed notice (ber, ) |
| Filing 15 MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been reassigned to Magistrate Judge Gilbert. Telephone status hearing set for 12/7/21 at 10:30 a.m. The parties are advised that the Court is not inclined, absent exceptional circumstances not evident in the parties' Initial Joint Status Report #11 , to set the parties' proposed dates for Rule 26(a)(1) disclosures or for discovery milestones. Rather, the Court is inclined to require the parties to serve Rule 26(a)(1) disclosures by the end of this year, to serve written discovery, including third party subpoenas, by the second week of January 2022, and to close fact discovery on 6/1/22. The parties should be prepared to discuss these matters at the status hearing. The toll-free call-in number and access code for the telephone conference is as follows: Dial: 877-336-1829 Access Code: 1022195. 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. Mailed notice (ber, ) |
| Filing 14 MINUTE entry before the Honorable Edmond E. Chang: In light of the consent to the magistrate judge's jurisdiction, the tracking status hearing of 11/19/2021 for Judge Chang is vacated. Emailed notice (mw, ) |
| Filing 13 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Jeffrey T. Gilbert for all further proceedings. Honorable Young B. Kim no longer assigned to the case pursuant to IOP 14. Signed by Executive Committee on 11/16/2021. (pj, ) |
Filing 12
ORDER REASSIGNING Case to the Honorable Young B. Kim for all further proceedings, pursuant to Local Rule 73.1 (C), parties having consented to the reassignment. Honorable Edmond E. Chang no longer assigned to the case. Signed by Honorable Edmond E. Chang on 11/15/2021. (cp, )
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| Filing 11 STATUS Report Joint Initial by Garfield Aurora I, LLC, Garfield Aurora II, LLC (Tahmassebi, Amir) |
| Filing 10 Defendant's ANSWER to Complaint and Affirmative Defenses by Greater New York Mutual Insurance Company(Bialk, Alexander) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Garfield Aurora I, LLC, Garfield Aurora II, LLC by Daniel Francis Konicek (Konicek, Daniel) |
| Filing 8 ATTORNEY Appearance for Plaintiffs Garfield Aurora I, LLC, Garfield Aurora II, LLC by Amir R. Tahmassebi (Tahmassebi, Amir) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 11/19/2021 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 11/10/2021. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If Defendant has not been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 6 MAILED Notice of Removal letter to counsel of record. (cp, ) |
| Filing 5 ATTORNEY Appearance for Defendant GREATER NEW YORK MUTUAL INSURANCE COMPANY by Matthew S. Ponzi (Ponzi, Matthew) |
| Filing 4 7.1 and 3.2 Corporate Disclosure Statement by GREATER NEW YORK MUTUAL INSURANCE COMPANY (Bialk, Alexander) |
| Filing 3 ATTORNEY Appearance for Defendant GREATER NEW YORK MUTUAL INSURANCE COMPANY by Alexander J. Bialk (Bialk, Alexander) |
| Filing 2 CIVIL Cover Sheet (Bialk, Alexander) |
| Filing 1 NOTICE of Removal from Circuit Court of Kane County, Illinois, case number (2021-MR-001331) filed by GREATER NEW YORK MUTUAL INSURANCE COMPANY Filing fee $ 402, receipt number 0752-18789348. (Attachments: #1 Exhibit A - Complaint)(Bialk, Alexander) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (jf, ) |
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