Daly v. Fitlife Brands, Inc.
| John Daly |
| FitLife Brands, Inc. and FitLife Brands, Inc. doing business as Nutrology |
| 1:2022cv00762 |
| February 11, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Other Fraud |
| 28 U.S.C. § 1446 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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Filing 21
MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 20, the parties agree to stay discovery until a decision on the dismissal motion. Given that agreement, the proposed modification of the discovery schedule need not be filed. The tracking status hearing of 04/15/2022 is reset to 06/10/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 20
STATUS Report JOINT by John Daly (Perry, Steven)
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Filing 19
MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 16, the Court orders as follows: **if** discovery starts now (more on the **if** below), then discovery shall start on (1) the merits of the individual Plaintiff's claim and (2) the propriety of class certification. That is the most efficient way to proceed in this case. With that in place, the parties shall confer again and file a status report addressing (1) should discovery start now or await the result of the motion to dismiss (with the understanding that the litigation hold must be comprehensive); and (2) assuming that discovery will start during the pendency of the dismissal motion, a proposed discovery schedule based on the parameters set forth above. The status report is due on 04/06/2022. The tracking status hearing of 04/01/2022 is reset to 04/15/2022 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, )
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Filing 18
MINUTE entry before the Honorable Edmond E. Chang: Michael E. Harriss' motion to appear pro hac vice for Defendant #17 is granted. Emailed notice (mw, )
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Filing 17
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19281297. (Harriss, Michael)
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Filing 16
STATUS Report Joint- Initial by John Daly (Perry, Steven)
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Filing 15
MINUTE entry before the Honorable Edmond E. Chang: Motions to appear pro hac vice #11 , #12 are granted. Attorneys Michael Duvall and Grant Akrom are added as counsel for defendants. On the Defendant's motion #13 to dismiss, the Plaintiff's response is due by 04/18/2022. The defense reply is due on 05/02/2022. The joint initial status report remains due on 03/24/2022 (today). The tracking status hearing of 04/01/2022 remains in place for now. Mailed notice (ags)
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Filing 14
MEMORANDUM by FitLife Brands, Inc. in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss/lack of jurisdiction #13 (Attachments: #1 Exhibit 1)(Weyhing, Kelsey)
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Filing 13
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant FitLife Brands, Inc. , MOTION by Defendant FitLife Brands, Inc. to dismiss for lack of jurisdiction (Weyhing, Kelsey)
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Filing 12
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19204284. (Ankrom, Grant)
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Filing 11
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-19194004. (Duvall, Michael)
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Filing 10
ATTORNEY Appearance for Plaintiff John Daly by David B. Levin (Levin, David)
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Filing 9
ATTORNEY Appearance for Plaintiff John Daly by Steven Gene Perry (Perry, Steven)
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Filing 8
ATTORNEY Appearance for Plaintiff John Daly by Todd M Friedman (Friedman, Todd)
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Filing 7
MINUTE entry before the Honorable Edmond E. Chang: Defendant's unopposed motion for extension of time to respond to Plaintiff's complaint #5 is granted from 02/18/2022 to 03/21/2022. Initial tracking status hearing set for 04/01/2022 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 03/24/2022. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. 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, )
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Filing 6
MAILED Notice of Removal Letter to Plaintiff's Counsel, Steven Gene Perry. (jh, )
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Filing 5
MOTION by Defendant FitLife Brands, Inc. for extension of time (Unopposed Motion for Extension of Time for Defendant Fitlife Brands, Inc. to Respond to Complaint) (Weyhing, Kelsey)
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Filing 4
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fitlife Brands, Inc. Rule 7.1 Corporate Disclosure Statement and Rule 3.2 Notification of Affiliates (Weyhing, Kelsey)
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Filing 3
ATTORNEY Appearance for Defendant Fitlife Brands, Inc. by Kelsey Nicole Weyhing (Weyhing, Kelsey)
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Filing 2
CIVIL Cover Sheet (Weyhing, Kelsey)
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Filing 1
NOTICE of Removal from The Circuit Court of Cook County, Illinois, case number (2022-CH-00106) filed by Fitlife Brands, Inc. Filing fee $ 402, receipt number 0752-19147720. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weyhing, Kelsey)
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CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (lw, )
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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. (lw, )
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