Wells Fargo Bank, N.A. v. Smith & Company, Inc.
| WELLS FARGO BANK, N. A. and Wells Fargo Bank, N.A. |
| Smith & Company, Inc. |
| 1:2022cv00474 |
| January 27, 2022 |
| US District Court for the Northern District of Illinois |
| Robert M Dow |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 31
MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the parties' amended joint status report #30 , the Court adopts the parties' proposed case management plan as follows: Rule 26(a)(1) disclosures to be exchanged by 6/10/2022; written discovery to be completed by 8/1/2022; party depositions to be completed by 10/3/2022; third party depositions and close of fact discovery by 11/18/2022. The Court will defer the setting of a schedule for expert discovery and dispositive motions until the completion of fact discovery. An updated joint status report is due no later than 11/4/2022. In view of the forgoing, the telephonic status hearing set for 6/3/2022 is stricken and no appearances are necessary on that date. If at any time the parties would like a referral to the Magistrate Judge for a settlement conference, they may contact the Courtroom Deputy. Emailed notice (cdh, )
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Filing 30
STATUS Report Amended by Wells Fargo Bank, N.A. (Attachments: #1 Notice of Filing Notice of Filing/Certificate of Service for Amended Joint Status Report)(Babu, Debra)
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Filing 29
Defendants Answer and Affirmative Defenses ANSWER to Complaint by Smith & Company, Inc.(Berg, Dennis)
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Filing 28
ATTORNEY Appearance for Defendant Smith & Company, Inc. by Dennis Andrew Berg (Berg, Dennis)
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Filing 27
MINUTE entry before the Honorable Robert M. Dow, Jr: In view of the substitution of counsel and setting of status hearing for 6/3/2022 [see 26], the status hearing set for 4/25/2022 is stricken. Emailed notice (cdh, )
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Filing 26
ORDER: Motion hearing held. Peter S. Lubin, Patrick Austermuehle, and Terrence Buehler's motion to withdraw #21 is granted. New date for the responsive pleading is 4/29/2022. A further status hearing is set for 6/3/2022 at 9:00 a.m. Mailed notice. (rc, )
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Filing 25
ATTORNEY Appearance for Defendant Smith & Company, Inc. by Faustin A. Pipal, Jr (Pipal, Faustin)
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Filing 24
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion to withdraw as counsel for Defendant #21 will be heard telephonically on 4/13/2022 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Counsel is directed to notify Defendant of this motion hearing and provide information for Defendant to participate. Emailed notice (cdh, )
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Filing 23
ATTORNEY Appearance for Plaintiff Wells Fargo Bank, N.A. by Taryn Holland Hill (Hill, Taryn)
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Filing 22
NOTICE of Motion by PETER S. LUBIN for presentment of motion to withdraw as attorney, #21 before Honorable Robert M. Dow Jr. on 4/13/2022 at 09:15 AM. (LUBIN, PETER)
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Filing 21
MOTION by Attorney Peter Lubin, Patrick Austermuehle, Terrence Buehler to withdraw as attorney for Smith & Company, Inc.. New address information: Smith & Company, Inc., 1940 S. E. Port St. Lucie Blvd., Port St. Lucie, FL 34952 (Attachments: #1 Exhibit A-B)(LUBIN, PETER)
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Filing 20
MINUTE entry before the Honorable Robert M. Dow, Jr: In view of the motion hearing and schedule set on 3/22/2022 [see 18], the status hearing set for 3/25/2022 is stricken. This case remains set for a telephonic status hearing on 4/25/2022 at 9:00 a.m. Emailed notice (cdh, )
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Filing 19
MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference set for 3/25/2022 is stricken. Emailed notice (cdh, )
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Filing 18
MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held telephonically. Contested motion by Defendant to vacate order of default #13 is granted. Defendant to answer or otherwise plead to the Plaintiff's complaint by no later than 4/19/2022. A further telephone conference is set for 4/25/2022 at 9:00 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Joint status report is due by 4/21/2022. Emailed notice (cdh, )
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Filing 17
MINUTE entry before the Honorable Robert M. Dow, Jr: Defendant's motion to vacate order of default #13 will be heard telephonically on 3/22/2022 at 9:15 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice (cdh, )
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Filing 16
ATTORNEY Appearance for Defendant Smith & Company, Inc. by Patrick Doyle Austermuehle (Austermuehle, Patrick)
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Filing 15
ATTORNEY Appearance for Defendant Smith & Company, Inc. by Terrence Buehler (Buehler, Terrence)
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Filing 14
NOTICE of Motion by PETER S. LUBIN for presentment of motion to vacate #13 before Honorable Robert M. Dow Jr. on 3/22/2022 at 09:15 AM. (LUBIN, PETER)
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Filing 13
MOTION by Defendant Smith & Company, Inc. to vacate Order of Default (LUBIN, PETER)
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Filing 12
ATTORNEY Appearance for Defendant Smith & Company, Inc. by PETER S. LUBIN (LUBIN, PETER)
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Filing 11
CERTIFICATE of Service by Debra Devassy Babu on behalf of Wells Fargo Bank, N.A. regarding telephone conference,, set/reset hearings, #10 (Babu, Debra)
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Filing 10
MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Defendant failed to appear. Order of Default is entered as to Defendant Smith & Company, Inc. for failure to answer or otherwise plead to the Plaintiff's complaint by 2/23/2022. Prove-up hearing for default judgment is set for 3/25/2022 at 9:00 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Emailed notice (cdh, )
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Filing 9
STATUS Report by Wells Fargo Bank, N.A. (Attachments: #1 Notice of Filing, #2 Certificate of Service)(Babu, Debra)
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Filing 8
ATTORNEY Appearance for Plaintiff Wells Fargo Bank, N.A. by Sarah Gene La Pearl (La Pearl, Sarah)
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Filing 7
SUMMONS Returned Executed by Wells Fargo Bank, N.A. as to Smith & Company, Inc. on 2/2/2022, answer due 2/23/2022. (Babu, Debra)
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Filing 6
CERTIFICATE of Service by Plaintiff Wells Fargo Bank, N.A. regarding set/reset hearings,,, #5 (Babu, Debra)
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Filing 5
MINUTE entry before the Honorable Robert M. Dow, Jr: Joint status report due by 2/28/2022. Initial telephone conference is set for 3/4/2022 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial; (3) The report should include a proposed case management schedule reflecting any disputes between the parties as to the proposed schedule. Plaintiff is to advise all other parties of the Courts action herein. The parties are requested to file a joint status report at least three business days prior to the initial status and all further status hearings. For further details see the Court's website available at www.ilnd.uscourts.gov. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Emailed notice (cdh, )
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Filing 4
ATTORNEY Appearance for Plaintiff WELLS FARGO BANK, N. A. by Debra Devassy Babu (Babu, Debra)
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Filing 3
CIVIL Cover Sheet (Babu, Debra)
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Filing 2
EXHIBIT by Plaintiff WELLS FARGO BANK, N. A. regarding complaint #1 (Babu, Debra)
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Filing 1
COMPLAINT filed by WELLS FARGO BANK, N. A.; Filing fee $ 402, receipt number 0752-19096787.(Babu, Debra)
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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. (sxh, )
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SUMMONS Issued as to Defendant Smith & Company, Inc. (lxk, )
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CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (sxh, )
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