CDL 1000, INC., an Illinois corporation v. Robertson
| CDL 1000, INC., an Illinois corporation |
| Scott Robertson |
| 1:2022cv00415 |
| January 25, 2022 |
| US District Court for the Northern District of Illinois |
| Gabriel A Fuentes |
| Joan B Gottschall |
| Other Statutory Actions |
| 18 U.S.C. § 2518 Interception of Wire/Oral/Electronic Communication |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 47 MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic status hearing held. The parties advised the Court as to the current status of discovery and settlement. The Court ordered the parties to confer under Rule 26(f) and file a joint Rule 26(f) report by noon on 4/1/22, setting forth their agreed or contested views on discovery phasing and scheduling, including any discovery either party sees as urgent or necessary to place the parties in a position to consider a settlement conference. The parties did not express a desire for a settlement conference (or a pause in discovery) at this time, so discovery will proceed, and the Court will enter an appropriate order after review of the Rule 26(f) report. A further joint status report on the progress of discovery is due by noon on 4/29/22. Mailed notice (lp, ) |
| Filing 46 MINUTE entry before the Honorable Gabriel A. Fuentes: This matter coming before the magistrate judge on referral for discovery supervision and settlement (doc. #44 ), the Court schedules a telephonic status hearing for 9:30 a.m. on 3/16/22, when the parties should be prepared to discuss (1) the scope and timing (or schedule) of any remaining expedited discovery and/or general discovery now that an agreed preliminary injunction has been entered; and (2) whether the parties wish to engage in a separate pre-settlement telephonic conference, off the record, to discuss whether a settlement conference with the magistrate judge would be productive. Before the status hearing, the parties are further directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, the Top Ten Ways to Defeat Settlement, and Standing Order for Settlement Conferences, all available on the Court's website. The call-in number for the pretrial conference hearing is (888) 684-8852 and the access code is 2006804. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (cn). |
| Filing 45 AGREED ORDER Signed by the Honorable Joan B. Gottschall on 3/11/2022.Mailed notice(mjc, ) |
| Filing 44 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: discovery supervision and any settlement conference he deems appropriate. (mjc, )Mailed notice |
| Filing 43 MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held by teleconferencing. For the reasons stated on the record, defendant is granted leave to file his amended answers to plaintiff's first set of interrogatories by 4:30 p.m. on Monday, March 14, 2022, including providing the information called for by interrogatory no. 3. Counsel are directed to confer and submit proposed language regarding commencing discovery concerning T-Mobile to Proposed_Order_Gottschall@ilnd.uscourts.gov. If the parties are unable to agree after a meet and confer session, each side must send its proposed language to Proposed_Order_Gottschall@ilnd.uscourts.gov and advise the courtroom deputy that they are at issue. This case is referred to Judge Fuentes for discovery supervision and for any settlement conference he deems appropriate. Judge Fuentes has full authority to set and adjust discovery deadlines. Mailed notice (mjc, ) |
| Filing 42 CERTIFICATE of Service answers to interrogatories by Stephen L. Richards on behalf of Scott Robertson (Richards, Stephen) |
| Filing 41 MINUTE entry before the Honorable Joan B. Gottschall: The hearing set for 3/11/22 at 10:30 a.m. Central Time will be held by teleconference. The call-in number is (888) 684-8852, and the access code is 6692394. Counsel of record will receive an email 30 minutes prior to the start of the teleconference hearing. Please click on the hyperlink that will be provided to take you to Judge Gottschall's telephone conference login. From there, join conference as "Guest;" enter your name; type the digits in the picture; click on the "Call Me" option; and fill in your phone number (no hyphens) and name. If you do not have access to a computer, dial (888) 684-8852. As stated above, the access code is 6692394. Mailed notice (mjc, ) |
| Filing 40 CERTIFICATE of Service of Plaintiff's First Set of Interrogatories to Defendant, Scott Robertson by Ramses Jalalpour on behalf of CDL 1000, INC., an Illinois corporation (Jalalpour, Ramses) |
| Filing 39 MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held by telephone on March 4, 2022. By agreement of the parties, an agreed preliminary injunction order #38 has been entered regarding plaintiff's motion #7 for preliminary injunction. Based on the telephonic hearing, it is hereby ordered: (1) Plaintiff is permitted to serve an interrogatory on defendant on this date to ascertain defendant's current place or manner of employment, including what plaintiff calls 'working affiliates' (the meaning of which is not at this point clear to the district court); (2) Defendant is ordered to provide plaintiff with his mobile telephone passcode by 2:00 p.m. on this date, March 4, 2022; (3) The parties agree that plaintiff may replace the screen on defendant's mobile telephone for the cost of $303.50, with defendant to bear the cost; (4) Both parties are in agreement to the scheduling of a settlement conference. The court will refer this matter to Judge Fuentes for a settlement conference and discovery supervision sometime after the conclusion of the current week and the resolution of various matters discussed at the March 4, 2022, hearing; (5) The matter is set for status on March 11, 2022, at 10:30 a.m. The status hearing will be held by teleconference unless the parties inform the courtroom deputy by 4:00 p.m. on Wednesday, March 9, 2022, that either or both desire(s) a videoconference; and (6) The pending motion #32 for sanctions is continued generally, awaiting plaintiff's presentment of a proposed rule to show cause, after which defendant will have an opportunity to respond. Mailed notice (mjc, ) |
| Filing 38 AGREED Preliminary Injunction Order Signed by the Honorable Joan B. Gottschall on 3/4/2022. Mailed notice(mjc, ) |
| Filing 37 MINUTE entry before the Honorable Joan B. Gottschall: By plaintiff's status report #35 filed 3/2/2022, the hearing set for 3/4/22 at 10:45 a.m. Central Time will be by teleconference. The call-in number is (888) 684-8852, and the access code is 6692394. Counsel of record will receive an email 30 minutes prior to the start of the teleconference hearing. Please click on the hyperlink that will be provided to take you to Judge Gottschall's telephone conference login. From there, join conference as "Guest;" enter your name; type the digits in the picture; click on the "Call Me" option; and fill in your phone number (no hyphens) and name. If you do not have access to a computer, dial (888) 684-8852. As stated above, the access code is 6692394. Mailed notice (mjc, ) |
| Filing 36 MINUTE entry before the Honorable Joan B. Gottschall: Please note that the court is awaiting the notification required by last week's order: In accordance with the order, a preliminary injunction hearing is set for 3/4/2022 at 10:45 a.m. Central Time. By 4:00 p.m. Central Time on 3/2/2022, plaintiff must file a status report indicating whether it is requesting an evidentiary hearing to be held by video conference or a teleconference at which no witnesses will be called and no exhibits will be presented. If defendant wishes to call witnesses, including himself, or present documentary evidence at the 3/4/2022 hearing, he must advise the court by 4:00 p.m. Central Time on 3/2/2022 that he is requesting a hearing to be held by video conferencing. See the order #27 for details. Mailed notice (mjc, ) |
| Filing 35 STATUS Report of Plaintiff by CDL 1000, INC., an Illinois corporation (Attachments: #1 Exhibit A)(Jalalpour, Ramses) |
| Filing 34 MINUTE entry before the Honorable Joan B. Gottschall: The court was informed by counsel for plaintiff, earlier on this date, that the UPS tracking number (1Z42002W0393554771) provided by Mr. Richards, counsel for defendant, did not exist. The court did its own check when it received the notification from plaintiff's counsel and confirmed that the tracking number at that point did not exist. However, as of 4:40 p.m., the court ran the tracking number again at UPS.com, and at that point, the tracking number appears to exist (indicating a mailing on February 28) with a delivery date to be "provided as soon as possible." Mailed notice (mjc, ) |
| Filing 33 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff has filed a motion #32 for sanctions and petition for a rule to show cause against defendant for his failure to comply with multiple court orders, but plaintiff has not indicated when it would like the motion to be heard or submitted a proposed rule to show cause. In accordance with Judge Gottschall's civil procedures, which are available from the court's official website (www.ilnd.uscourts.gov), a proposed order must be submitted to Proposed_Order_Gottschall@ilnd.uscourts.gov, with a copy to opposing counsel, in Word and PDF formats. The proposed rule to show cause must comply with this court's Local Rule 37.1(a) governing the commencement of civil contempt proceedings, as well as Supreme Court and Seventh Circuit law on the due process requirements for such proceedings. See generally S.E.C. v. Hyatt, 621 F.3d 687, 69495 (7th Cir. 2010); Autotech Techs. LP v. Integral Rsch. & Dev. Corp., 499 F.3d 737, 74649 (7th Cir. 2007). The parties are further advised that any contested civil contempt hearing will be held by video conferencing. See this court's second amended general order No. 21-0027, 2. Before submitting a proposed order, plaintiff is urged to see the minute order being entered essentially simultaneously with this order, indicating that UPS.com indicates that defendant mailed a package (hopefully containing the required computer equipment) earlier on today's date.Mailed notice (mjc, ) |
| Filing 32 MOTION by Plaintiff CDL 1000, INC., an Illinois corporation for sanctions and Petition for Rule to Show Cause Against Defendant for his Failure to Comply with Multiple Court Orders (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Marconi, Joseph) |
| Filing 31 CERTIFICATE of Service mailing of cellphone and computer by Stephen L. Richards on behalf of Scott Robertson regarding text entry,,,,,,,,, #29 (Attachments: #1 Exhibit A -- Receipt, #2 Exhibit B - UPS tracking number)(Richards, Stephen) |
| Filing 30 ATTORNEY Appearance for Defendant Scott Robertson by Stephen L. Richards (Richards, Stephen) |
| Filing 29 MINUTE entry before the Honorable Joan B. Gottschall: Four (4:00) p.m. CST (alternatively, 5:00 p.m. EST) has now passed, and Mr. Robertson has not informed the court that the time set in this morning's order for him to make his specified computer equipment available for imaging is inconvenient for him. Therefore, the court reiterates that on February 28, 2022, between 10:00 a.m. and noon, EST, Mr. Robertson must present his devices to Lee Neubecker of Enigma Forensics, Inc. However, Mr. Robertson has additionally failed, in violation of this court's order this morning, to provide the court with his address, with the result that Mr. Neubecker has no place at which to pick up the computer equipment. In failing to comply with this order, Mr. Robertson has placed himself in contempt of this court's order (and made this order impossible to execute), for which he could face coercive sanctions ranging from monetary fines to imprisonment. The only way he could comply is to ship his equipment to Enigma Forensics, Inc., before 10:00 a.m. on Monday morning. The court was attempting to save him this difficulty and expense, but his failure to provide his address has frustrated the court's ability to help him. The court notes, in addition, that Mr. Robertson has failed to follow the court's instructions for filing an appearance. Whether to do so or not is up to Mr. Robertson, but if he wishes to have notice of court proceedings, including proceedings against him for violation of the court's orders, he must file an appearance. Until such time as he does so, the court will endeavor to send him notice to the email address (getfr8@gmail.com) he provided to the court's staff. At this point, Mr. Robertson should note that he is in violation of court orders and has placed himself in significant legal jeopardy. He informed the court last week that he wishes to hire his own counsel (and has the means to do so), and he is urged to obtain a lawyer to defend him against these violations of court orders, as well as to defend him in this case. Mr. Robertson has further been informed of the court's pro se help desk, and if he needs this information to be repeated to him, he should inquire of the court's staff or refer to the court's website, www.ilnd.uscourts.gov. Mailed notice (mjc, ) |
| Filing 28 MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held by telephone on 2/25/2022. Counsel for plaintiff appeared. Defendant did not appear. Court staff contacted defendant by phone and added him to the teleconference, but defendant dropped from the call. Plaintiff's counsel reported that defendant had not complied with the order #21 dated 2/16/2022. For the reasons given on the record, plaintiff's request for an order requiring defendant to comply with the 2/16/2022 order was granted. Order entered #27 . In accordance with the order, a preliminary injunction hearing is set for 3/4/2022 at 10:45 a.m. Central Time. By 4:00 p.m. Central Time on 3/2/2022, plaintiff must file a status report indicating whether it is requesting an evidentiary hearing to be held by video conference or a teleconference at which no witnesses will be called and no exhibits will be presented. If defendant wishes to call witnesses, including himself, or present documentary evidence at the 3/4/2022 hearing, he must advise the court by 4:00 p.m. Central Time on 3/2/2022 that he is requesting a hearing to be held by video conferencing. See the order #27 for details. Mailed notice (mjc, ) |
Filing 27
ORDER Signed by the Honorable Joan B. Gottschall on 2/25/2022. Mailed notice(mjc, )
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| Filing 26 MINUTE entry before the Honorable Joan B. Gottschall: If defendant, Mr. Robertson, wishes to have notice of court proceedings going forward (although he was given on the record notice of this morning's hearing, he stated that he did not receive notice), he must file an appearance with the court, meaning, he must file his mailing address, telephone number, and email address which the court will use to give him notice. If Mr. Robertson wishes the court to file this information for him, he can put the information in an email and send it today to marlan_cowan@ilnd.uscourts.gov. Because of the delay in Mr. Robertson's compliance with the terms of the court's February 16, 2022, order, the order which is being entered today will require him to comply on February 28, 2022, between 10 a.m. and noon, Eastern Standard Time. If, for some reason, Mr. Robertson finds this time inconvenient, he must notify the court in writing (email is permissible) of an alternative time before 5 pm Eastern Standard Time today, February 25, 2022. Compliance MUST occur no later than 4 p.m. Eastern Standard Time on March 2, 2022. Mailed notice (mjc, ) |
| Filing 25 MEMORANDUM by CDL 1000, INC., an Illinois corporation in support of motion for temporary restraining order, motion for preliminary injunction #7 (Attachments: #1 Exhibit Exhibit A)(Jalalpour, Ramses) |
| Filing 24 AMENDED complaint by CDL 1000, INC., an Illinois corporation against All Defendants (Jalalpour, Ramses) |
| Filing 23 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion for expedited discovery is granted to the extent that plaintiff may begin immediately issuing document subpoenas, as well as providing for the imaging of defendant's Android phone (SMG991U) and desktop computer. Depositions should be delayed until after the hearing on February 25, 2022, to allow Mr. Robertson time to obtain counsel, barring further order of court. In case of any unforeseen emergency prior to the next court hearing, parties may contact Marlan Cowan, Judge Gottschall's courtroom deputy (312-435-5641). Mailed notice (mjc, ) |
| Filing 22 MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff is granted leave to file corrected copies of its Memorandum in Support of its Motion for a Temporary Restraining Order #8 and Complaint #1 within 7 days (by and including February 23, 2022). This permission is to correct typographical errors and not otherwise to amend the complaint. Mailed notice (mjc, ) |
| Filing 21 AGREED ORDER Signed by the Honorable Joan B. Gottschall on 2/16/2022. Mailed notice(mjc, ) |
| Filing 20 MINUTE entry before the Honorable Joan B. Gottschall: By agreement of the parties as stated in open court on 2/16/2022, enter agreed order. Mailed notice (mjc, ) |
| Filing 19 MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held. By agreement of the parties, the telephonic motion hearing is set for 2/25/22 at 10:00 a.m. Central Time. The call-in number is (888) 684-8852, and the access code is 6692394. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing. Please click on the hyperlink that will be provided to take you to Judge Gottschall's telephone conference login. From there, join conference as "Guest;" enter your name; type the digits in the picture; click on the "Call Me" option; and fill in your phone number (no hyphens) and name. If you do not have access to a computer, dial (888) 684-8852. As stated above, the access code is 6692394. Mailed notice (mjc, ) |
| Filing 18 MINUTE entry before the Honorable Joan B. Gottschall: The court construes Mr. Robertson's email message #17 dated 2/15/2022 as a motion for a continuance and will docket it accordingly. Mr. Robertson is advised that, absent agreement of the plaintiff, a continuance of a temporary restraining order hearing is extremely unlikely, although the court will hear the parties on the issue tomorrow. Mailed notice (mjc, ) |
| Filing 17 EMAIL CORRESPONDENCE by defendant Scott Robertson. (mjc, ) |
| Filing 16 MINUTE entry before the Honorable Joan B. Gottschall: At defendant's request, a hearing is set for 10:30 a.m. Central Time on Wednesday, February 16, 2022, on the motion for a temporary restraining order #7 . Video conference instructions will be sent out on Tuesday, February 15, 2022. Mailed notice (mjc, ) |
| Filing 15 CERTIFICATE of Service by Plaintiff CDL 1000, INC., an Illinois corporation regarding memorandum in support of motion #8 , order #14 , MOTION by Plaintiff CDL 1000, INC., an Illinois corporation for temporary restraining order MOTION by Plaintiff CDL 1000, INC., an Illinois corporation for preliminary injunction #7 and Proposed Temporary Restraining Order (Marconi, Joseph) |
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Filing 14
ORDER Signed by the Honorable Joan B. Gottschall on 2/8/2022 Mailed notice(mjc, )
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| Filing 13 MINUTE entry before the Honorable Joan B. Gottschall: Enter order. In accordance with the order, defendant has until noon Central Time on 2/14/2022 to file a written response to plaintiff's motion (No. #7 ) for temporary restraining order or to request a hearing. Consistent with the order, plaintiff must file a certificate of service on or before 2/10/2022. Mailed notice (mjc, ) |
| Filing 12 SUMMONS Returned Executed by CDL 1000, INC., an Illinois corporation as to Scott Robertson on 2/2/2022, answer due 2/23/2022. (Marconi, Joseph) |
| 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. (dxb, ) |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CDL 1000, INC., an Illinois corporation Amended (Marconi, Joseph) |
| Filing 10 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CDL 1000, INC., an Illinois corporation (Marconi, Joseph) |
| Filing 9 MINUTE entry before the Honorable Joan B. Gottschall: Pursuant to Local Rule 3.2(b), plaintiff was required to file a notification as to affiliates along with its complaint. Plaintiff's notification of affiliates must be filed on or before 2/1/2022. The court understands from plaintiff's motion and memorandum of law (Nos. #7 and #8 ) that it intends to serve defendant with the summons, complaint, and motion papers before proceeding. Presentment hearings have been suspended temporarily due to the COVID-19 pandemic. Accordingly, the parties are directed to contact the courtroom deputy once defendant has been served and advise whether they would like to set a briefing schedule or a telephonic status hearing. The phone number for Judge Gottschall's courtroom deputy is (312) 435-5641. Plaintiff is directed to serve defendant with a copy of this order in accordance with Fed. R. Civ. P. 5. Mailed notice (mjc, ) |
| Filing 8 MEMORANDUM by CDL 1000, INC., an Illinois corporation in support of motion for temporary restraining order, motion for preliminary injunction #7 (Attachments: #1 Exhibit A)(Marconi, Joseph) |
| Filing 7 MOTION by Plaintiff CDL 1000, INC., an Illinois corporation for temporary restraining order , MOTION by Plaintiff CDL 1000, INC., an Illinois corporation for preliminary injunction (Marconi, Joseph) |
| Filing 6 ATTORNEY Appearance for Plaintiff CDL 1000, INC., an Illinois corporation by Genevieve Marie LeFevour (LeFevour, Genevieve) |
| Filing 5 ATTORNEY Appearance for Plaintiff CDL 1000, INC., an Illinois corporation by Victor J. Pioli (Pioli, Victor) |
| Filing 4 ATTORNEY Appearance for Plaintiff CDL 1000, INC., an Illinois corporation by Ramses Jalalpour (Jalalpour, Ramses) |
| Filing 3 ATTORNEY Appearance for Plaintiff CDL 1000, INC., an Illinois corporation by Joseph R. Marconi (Marconi, Joseph) |
| Filing 2 CIVIL Cover Sheet (Marconi, Joseph) |
| Filing 1 COMPLAINT For Injunctive and Other Relief filed by CDL 1000, INC., an Illinois corporation; JURY DEMAND. Filing fee $ 402, receipt number 0752-19087889.(Marconi, Joseph) |
| SUMMONS Issued as to Defendant Scott Robertson (ak, ) |
| CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Gabriel Fuentes. Case assignment: Random assignment. (dxb, ) |
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