Duff et al v. Rosenberg et al
| Kevin B. Duff, Receiver for the Estate of EquityBuild, Inc., EquityBuild Finance LLC, 1700 Junway LLC, 4533-37 S Calumet LLC, 5450 S Indiana LLC, 6217-27 S Dorchester LLC, 6437 S Kenwood LLC, 7026 Cornell, Inc., 7109 S Calumet LLC, 7749-59 S Yates LLC, 7933 S Kingston Ave LLC, 8100 S Essex LLC, 8104 S Kingston Associates, 8529 S Rhodes Ave LLC, Chicago Capital Fund I LLC, Chicago Capital Fund II LLC, EB South Chicago 1 LLC, EB South Chicago 2 LLC, EB South Chicago 3 LLC, EB South Chicago 4 LLC, Hybrid Capital Fund LLC, South Side Development Fund 1 LLC, South Side Development Fund 2 LLC, South Side Development Fund 3 LLC, South Side Development Fund 4 LLC, South Side Development Fund 5 LLC, South Side Development Fund 6 LLC, South Side Development Fund 7 LLC, South Side Development Fund 8 LLC, SSDF1 4520 S Drexel LLC, SSDF1 4611 S Drexel, SSDF1 6751 S Merrill LLCC, SSDF1 7110 S Cornell LLC, SSDF2 1139 E 79TH LLC, SSDF4 638 N Avers LLC, SSDF4 6217 S Dorchester LLC, SSDF4 6250 S Mozart LLC, SSDF4 7024 S Paxton LLC, SSDF4 7255 S Euclid LLC, SSDF5 Portfolio 1 LLC, SSDF6 6160 S MLK LLC, SSDF7 Portfolio 1 LLC, SSPH 6951 S Merrill LLC, SSPH 7927-49 S Essex LLC, SSPH 11117 S Longwood LLC, SSPH Portfolio 1 LLC and Hard Money Company LLC |
| Mark L Rosenberg and Law Offices of Mark L. Rosenberg |
| 1:2021cv06756 |
| December 20, 2021 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Defendant |
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| Filing 19 ATTORNEY Appearance for Plaintiffs 1700 Junway LLC, 4533-37 S Calumet LLC, 5450 S Indiana LLC, 6217-27 S Dorchester LLC, 6437 S Kenwood LLC, 7026 Cornell, Inc., 7109 S Calumet LLC, 7749-59 S Yates LLC, 7933 S Kingston Ave LLC, 8100 S Essex LLC, 8104 S Kingston Associates, 8529 S Rhodes Ave LLC, Chicago Capital Fund I LLC, Chicago Capital Fund II LLC, Kevin B. Duff, EB South Chicago 1 LLC, EB South Chicago 2 LLC, EB South Chicago 3 LLC, EB South Chicago 4 LLC, EquityBuild Finance LLC, Hybrid Capital Fund LLC, Receiver for the Estate of EquityBuild, Inc., SSDF1 4520 S Drexel LLC, SSDF1 4611 S Drexel, SSDF1 6751 S Merrill LLCC, SSDF1 7110 S Cornell LLC, SSDF2 1139 E 79TH LLC, SSDF4 6217 S Dorchester LLC, SSDF4 6250 S Mozart LLC, SSDF4 638 N Avers LLC, SSDF4 7024 S Paxton LLC, SSDF4 7255 S Euclid LLC, SSDF5 Portfolio 1 LLC, SSDF6 6160 S MLK LLC, SSDF7 Portfolio 1 LLC, SSPH 11117 S Longwood LLC, SSPH 6951 S Merrill LLC, SSPH 7927-49 S Essex LLC, SSPH Portfolio 1 LLC, South Side Development Fund 1 LLC, South Side Development Fund 2 LLC, South Side Development Fund 3 LLC, South Side Development Fund 4 LLC, South Side Development Fund 5 LLC, South Side Development Fund 6 LLC, South Side Development Fund 7 LLC, South Side Development Fund 8 LLC by Michael Rachlis (Rachlis, Michael) |
| Filing 18 MINUTE entry before the Honorable Jeffrey Cole: At the request of parties, a Settlement Conference is set for 4/4/22 at 1:00pm and will be by video. Instructions for the video conference will be sent closer to the settlement date. The parties' counsel must review and comply with this court's Standing Order for Settlement Conference, which appears on the court's website. The requirement of attendance by someone with FULL AUTHORITY is not satisfied by attendance of the general counsel or someone from his/her office, although that person is certainly entitled to attend and welcome to participate in the conference. Nor is it satisfied by attendance of a person who must make a phone call to get permission to settle the case in excess of some predetermined amount. Also each side should include in their settlement documents the results in comparable cases. Plaintiff should serve defendant with their settlement letter no later than 2/21/22. The plaintiff must include the basis for and how he arrived at the damages being claimed. A demand of 100 cents on the dollar is not a good faith demand. Similarly, an offer of zero is not a good faith offer. See my Standing Order online. Defendant will respond to plaintiff's demand by 3/21/22. Each party shall transmit copies of their respective memorandum by email to my courtroom deputy, at Yulonda_Thomas@ilnd.uscourts.gov, on or before 3/24/22. The submissions are NOT to be filed on the docket. Noncompliance will result in the submission being rejected. Any change in the settlement conference date must be approved by the court, pursuant to an appropriate WRITTEN MOTION, based upon a showing of good cause. Emailed notice (yt) |
| Filing 17 MINUTE entry before the Honorable Jeffrey Cole: Judge Feinerman has referred this case here for a settlement conference. #14 , #15 and #16 . The settlement conference will be by video. Counsel are requested to select three mutually convenient dates, which my courtroom deputy will provide for a settlement conference, and to email my courtroom deputy, Yulonda Thomas at Yulonda_Thomas@ilnd.uscourts.gov, to discuss one of those dates, not later than 1/31/22. After a date is selected, instructions on proceeding further will be entered on the docket. Emailed notice (yt) |
| Filing 16 MINUTE entry before the Honorable Gary Feinerman:The ordered entered 1/24/2022 #13 is amended. Rule 26(a)(1) disclosures shall be served by 2/23/2022. The court will decide whether to set the rest of the schedule after it reviews Defendants' summary judgment motion, which it assumes will be filed by 2/25/2022. If Defendants file a summary judgment motion regarding the statute of limitations and the motion is denied, Defendants will not be foreclosed from moving for summary judgment on the merits later in the litigation. By agreement #11 , this case is referred to Magistrate Judge Cole for a settlement conference. The status hearing set for 1/28/2022 #9 is stricken and re-set for 3/2/2022 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 15 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: settlement conference.Mailed notice.(jlj, ) |
| Filing 14 MINUTE entry before the Honorable Gary Feinerman:This case is referred to Magistrate Judge Cole for a settlement conference.Mailed notice. (jlj, ) |
| Filing 13 MINUTE entry before the Honorable Gary Feinerman: Rule 26(a)(1) disclosures shall be served by 2/23/2022. The court will decide whether to set the rest of the schedule after it reviews Defendants' summary judgment motion, which it assumes will be filed by 2/25/2022. If Defendants file a summary judgment motion regarding the statute of limitations and the motion is denied, Defendants will not be foreclosed from moving for summary judgment on the merits later in the litigation. By agreement #11 , the status hearing set for 1/28/2022 #9 is stricken and re-set for 3/2/2022 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 12 ATTORNEY Appearance for Plaintiffs 1700 Junway LLC, 4533-37 S Calumet LLC, 5450 S Indiana LLC, 6217-27 S Dorchester LLC, 6437 S Kenwood LLC, 7026 Cornell, Inc., 7109 S Calumet LLC, 7749-59 S Yates LLC, 7933 S Kingston Ave LLC, 8100 S Essex LLC, 8104 S Kingston Associates, 8529 S Rhodes Ave LLC, Chicago Capital Fund I LLC, Chicago Capital Fund II LLC, Kevin B. Duff, EB South Chicago 1 LLC, EB South Chicago 2 LLC, EB South Chicago 3 LLC, EB South Chicago 4 LLC, EquityBuild Finance LLC, Hybrid Capital Fund LLC, Receiver for the Estate of EquityBuild, Inc., SSDF1 4520 S Drexel LLC, SSDF1 4611 S Drexel, SSDF1 6751 S Merrill LLCC, SSDF1 7110 S Cornell LLC, SSDF2 1139 E 79TH LLC, SSDF4 6217 S Dorchester LLC, SSDF4 6250 S Mozart LLC, SSDF4 638 N Avers LLC, SSDF4 7024 S Paxton LLC, SSDF4 7255 S Euclid LLC, SSDF5 Portfolio 1 LLC, SSDF6 6160 S MLK LLC, SSDF7 Portfolio 1 LLC, SSPH 11117 S Longwood LLC, SSPH 6951 S Merrill LLC, SSPH 7927-49 S Essex LLC, SSPH Portfolio 1 LLC, South Side Development Fund 1 LLC, South Side Development Fund 2 LLC, South Side Development Fund 3 LLC, South Side Development Fund 4 LLC, South Side Development Fund 5 LLC, South Side Development Fund 6 LLC, South Side Development Fund 7 LLC, South Side Development Fund 8 LLC by Michael Cleary Bruck (Bruck, Michael) |
| Filing 11 STATUS Report by Law Offices of Mark L. Rosenberg, Mark L Rosenberg (Gamboa, Paul) |
| Filing 10 ATTORNEY Appearance for Defendants Law Offices of Mark L. Rosenberg, Mark L Rosenberg by Basile P Souferis (Attachments: #1 Certificate of Service)(Souferis, Basile) |
| Filing 9 MINUTE entry before the Honorable Gary Feinerman:Initial status hearing set for 1/28/2022 at 9:15 a.m. Initial Status Report shall be filed by 1/21/2022. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov) for details on the Initial Status Hearing and Initial Status Report. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 8 MAILED Notice of Removal letter to counsel of record. (jn, ) |
| Filing 7 ATTORNEY Appearance for Plaintiff Kevin B. Duff by Timothy John Mcinerney (Mcinerney, Timothy) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jn, ) |
| Filing 6 ANSWER to Complaint with Jury Demand by Law Offices of Mark L. Rosenberg, Mark L Rosenberg(Brown, Ryan) |
| Filing 5 ATTORNEY Appearance for Defendants Law Offices of Mark L. Rosenberg, Mark L Rosenberg by Paul Gamboa (Attachments: #1 Certificate of Service)(Gamboa, Paul) |
| Filing 4 ATTORNEY Appearance for Defendants Law Offices of Mark L. Rosenberg, Mark L Rosenberg by Ryan Thomas Brown (Attachments: #1 Certificate of Service)(Brown, Ryan) |
| Filing 3 AMENDED civil cover sheet #2 (Attachments: #1 Exhibit Plaintiffs Attorneys)(Brown, Ryan) |
| Filing 2 CIVIL Cover Sheet (Brown, Ryan) |
| Filing 1 NOTICE of Removal from Cook County Illinois Circuit Court, case number (2021-L-009608) filed by Law Offices of Mark L. Rosenberg, Mark L Rosenberg Filing fee $ 402, receipt number 0752-18985278. (Attachments: #1 Exhibit A)(Brown, Ryan) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (dxb, ) |
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