Phamatech Incorporated v. Walgreen, Co. et al
| Does 1-10 |
| Phamatech Incorporated |
| Walgreen Co |
| 1:2021cv06886 |
| December 28, 2021 |
| US District Court for the Northern District of Illinois |
| Heather K McShain |
| Martha M Pacold |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 27
ORDER: Dwayne H. Stein's motion for leave to appear pro hac vice on behalf of plaintiff Phamatech Incorporated #26 is granted. Signed by the Honorable Martha M. Pacold on 2/18/2022: Mailed notice(daj, )
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| Filing 26 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19172792. (Stein, Dwayne) |
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Filing 25
ORDER: Jeffrey N. Williams's motion for leave to appear pro hac vice on behalf of Walgreen Co. #24 is granted. Signed by the Honorable Martha M. Pacold on 2/1/2022: Mailed notice(daj, )
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| Filing 24 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19110531. (Williams, Jeffrey) |
| Filing 23 ATTORNEY Appearance for Plaintiff Phamatech Incorporated, Counter Defendant Phamatech Incorporated by Dennis F. Esford (Esford, Dennis) |
| Filing 22 MINUTE entry before the Honorable Heather K. McShain: This case has been referred to Magistrate Judge McShain 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 #21 . The Court has reviewed the parties' joint status report #20 and adopts the parties' proposed discovery schedule as follows: Rule 26(a) disclosures by 01/21/2022; fact discovery to be completed by 08/31/2022; expert disclosures (to include expert reports) by 10/29/2022; rebuttal expert reports by 11/23/2022; and expert discovery to be completed by 12/23/2022. Joint status report due on 03/25/2022 to update the Court on: (a) the progress of fact discovery; (b) the status of settlement discussions, if any; and (c) any other matters the parties wish to raise with the Court. The parties should be mindful that, notwithstanding any preference to take depositions in person, they cannot expect this in the current environment, nor can they reasonably expect the case to be put on hold until that changes. To be more specific, the parties are to assume that all depositions will have to be taken by remote means (unless both sides and the witness consent to an in-person deposition) and are to plan accordingly. Delay due to a desire to take in-person depositions at a later date will not be a basis for extending any discovery deadline beyond the current deadline. The parties may contact chambers at any time (by email to Chambers_McShain@ilnd.uscourts.gov) if they would like the Court's assistance with settlement. Mailed notice. (pk, ) |
| Filing 21 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Heather K. McShain 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. (rao, ) |
| Filing 20 STATUS Report (Joint Initial) by Walgreen Co (Carmichael, Christopher) |
| Filing 19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Walgreen Co (Carmichael, Christopher) |
| Filing 18 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 1/18/2022. (rao, ) |
| Filing 17 ATTORNEY Appearance for Defendant Walgreen Co by Christopher W Carmichael (Attachments: #1 Supplement Notice of Affiliates)(Carmichael, Christopher) |
| Filing 16 MAILED Rule 83.15 to all counsel of record. (gcy, ) |
| Filing 15 RECEIVED from California Southern; Case Number 3:21-cv-01234 (gcy) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (gcy, ) |
| 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. (gcy, ) |
| Filing 14 Case transferred to District of Northern District of Illinois. Files transferred electronically to: *District of Northern District of Illinois*.*219 S. Dearborn Street**Chicago, IL 60604*. Signed by Judge Anthony J. Battaglia on 12/21/2021. (Attachments: #1 Transfer Order) (sjt) [Transferred from California Southern on 12/28/2021.] |
| Filing 13 Joint MOTION Transfer Venue Pursuant to 28 U.S.C. 1404(a) by Walgreen, Co.. (Attachments: #1 Exhibit A - General Trade Agreement, #2 Proposed Order)(Williams, Jeffrey) **QC mailer re: wrong event (event corrected to motion to change venue) and reminder not to file proposed orders on docket (jmo). [Transferred from California Southern on 12/28/2021.] |
| Filing 12 Minute Entry for proceedings held before Magistrate Judge Ruben B. Brooks: Telephonic attorneys-only settlement conference held on 12/16/2021. (Plaintiff Attorney Dwayne H. Stein). (Defendant Attorney Jeffrey N. Williams). (no document attached) (cdc) [Transferred from California Southern on 12/28/2021.] |
| Filing 11 Minute Entry for proceedings held before Magistrate Judge Ruben B. Brooks: An Early Neutral Evaluation Conference and Case Management Conference were held on December 7, 2021. (Plaintiff Attorney Dwayne H. Stein). (Defendant Attorneys Jeffrey N. Williams, Taylor E. Pernini). A telephonic attorneys-only settlement conference is set for December 16, 2021, at 8:00 a.m. Counsel shall participate in the conference by dialing in to the Court's teleconference line (877-336-1829, access code 1944316). The parties' stipulation to transfer this matter to the United States District Court, Northern District of Illinois is to be filed by December 21, 2021. The deadline for initial disclosures pursuant to Rule 26(a)(1)(A-E) is continued from December 21, 2021, to January 21, 2022. (no document attached) (cdc) [Transferred from California Southern on 12/28/2021.] |
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Filing 10
ORDER Following Early Neutral Evaluation Conference and Setting Rule 26 Compliance. Joint Discovery Plan due 11/12/2021. Signed by Magistrate Judge Ruben B. Brooks on 10/6/2021.(jrm) [Transferred from California Southern on 12/28/2021.]
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| Filing 9 Minute Entry for proceedings held before Magistrate Judge Ruben B. Brooks: An Early Neutral Evaluation Conference and Case Management Conference were held by Zoom. (Plaintiff Attorney Dwayne H. Stein). (Defendant Attorneys Jeffrey N. Williams, Taylor E. Pernini). As discussed, the parties are to exchange documents substantiating their respective sales numbers (including the production of Form 852s by Plaintiff and electronic item level data by Defendant) on or before 11/5/2021. A continued Early Neutral Evaluation Conference and Case Management Conference is set for 12/7/2021 8:30 AM and will be held via Zoom. All parties, counsel, and client representatives shall participate in the conference using the same Zoom meeting information used for the 10/6/2021 conference. Updated settlement conference briefs shall be submitted to efile_brooks@casd.uscourts.gov on or before 11/30/2021. The parties may exchange their briefs or may submit them confidentially. (no document attached) (cxc) [Transferred from California Southern on 12/28/2021.] |
| Filing 8 ANSWER to #6 Answer to Complaint, Counterclaim by Phamatech Incorporated.(Stein, Dwayne)(jrm). [Transferred from California Southern on 12/28/2021.] |
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Filing 7
NOTICE AND ORDER Setting Early Neutral Evaluation Conference and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 10/6/2021 08:30 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 9/2/2021.(jrm) [Transferred from California Southern on 12/28/2021.]
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| Filing 6 ANSWER to #1 Complaint, , COUNTERCLAIM against Phamatech Incorporated by Walgreen, Co..(Williams, Jeffrey) (jrm). [Transferred from California Southern on 12/28/2021.] |
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Filing 5
ORDER Granting Joint Motion to Extend Time to Respond to Complaint. Walgreen, Co. answer due 9/1/2021. Signed by Judge Anthony J. Battaglia on 8/3/2021. (jrm) [Transferred from California Southern on 12/28/2021.]
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| Filing 4 Joint MOTION for Extension of Time to File Answer by Walgreen, Co.. (Attachments: #1 Declaration of Jeffrey N. Williams)(Williams, Jeffrey)Attorney Jeffrey N. Williams added to party Walgreen, Co.(pty:dft)(jrm). [Transferred from California Southern on 12/28/2021.] |
| Filing 3 SUMMONS Returned Executed by Phamatech Incorporated. Walgreen, Co. served. (Stein, Dwayne) (jrm). [Transferred from California Southern on 12/28/2021.] |
| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (ekb) (jms). [Transferred from California Southern on 12/28/2021.] |
| Filing 1 COMPLAINT with Jury Demand against Does 1-10, Walgreen, Co. ( Filing fee $ 402 receipt number ACASDC-15905233.), filed by Phamatech Incorporated. (Attachments: #1 Civil Cover Sheet)The new case number is 3:21-cv-1234-AJB-RBB. Judge Anthony J. Battaglia and Magistrate Judge Ruben B. Brooks are assigned to the case. (Stein, Dwayne)(ekb) (jms). [Transferred from California Southern on 12/28/2021.] |
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