The Centre PC et al v. Gwin et al
| The Centre PC and The Centre LLC |
| John Gwin and The Auctus Group |
| 1:2022cv00959 |
| February 23, 2022 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on September 10, 2023. A more recent docket listing may be available from PACER.
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Filing 41
ATTORNEY Appearance for Defendant The Auctus Group by Erin Anne House (House, Erin)
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Filing 40
ATTORNEY Appearance for Defendant The Auctus Group by James H. Ryan (Ryan, James)
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Filing 39
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to substitute attorneys #38 is granted. Paul W. Daugherity and Matthew R. Bloom are given leave to withdraw, and J. Hayes Ryan and Erin Murphy are given leave to file their appearances. (mk)
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Filing 38
MOTION by Defendant The Auctus Group to substitute attorney (Attachments: #1 Text of Proposed Order Proposed Order)(House, Erin)
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Filing 37
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The telephonic status hearing set for set for 1/19/2023 us vacated and reset to 4/4/2023 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 3/28/2023. (mk)
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Filing 36
STATUS Report Joint by The Auctus Group (Daugherity, Paul)
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Filing 35
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 34
ATTORNEY Appearance for Plaintiff The Centre LLC by Donald R. McGarrah (McGarrah, Donald)
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Filing 33
ATTORNEY Appearance for Plaintiff The Centre PC by Donald R. McGarrah (McGarrah, Donald)
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Filing 32
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 11/15/2022. Written discovery including document production is to be completed by 8/1/2023. The deadline for amending the pleadings and adding parties is 9/30/2023. The deadline for completing fact discovery is 11/3/2023. The telephonic status hearing set for set for 11/8/2022 is vacated and reset to 1/19/2023 at 9:10 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. A joint status report regarding the progress of discovery and any settlement discussions is to be filed on 1/12/2023. (mk)
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Filing 31
STATUS Report by The Centre LLC (Nitsch, Timothy)
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Filing 30
ANSWER to amended complaint and Affirmative Defenses by The Auctus Group(Daugherity, Paul)
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Filing 29
ATTORNEY Appearance for Defendant The Auctus Group by Matthew R Bloom (Bloom, Matthew)
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Filing 28
MINUTE entry before the Honorable Matthew F. Kennelly: Defendant The Auctus Group has moved to vacate the order of default entered on 10/6/2022. The Court first notes that the minute order entered on that date contained a scrivener's error in that it incorrectly states that the defendant "is held in contempt for failure to respond to the summons." At the hearing on that date, the Court held the defendant in default, not contempt, so the erroneous reference to contempt is hereby vacated. The Court also grants the motion to vacate the entry of default #27 due to the service-of-summons and other issues noted in the motion. Defendant's answer to the complaint is to be filed by 10/20/2022 as proposed. The case remains set for a telephonic status hearing 11/8/2022 at 9:10 AM as previously ordered. The parties are directed to confer regarding a discovery and pretrial schedule, and regarding the possibility of settlement, and they are to file on 11/1/2022 a joint status report that includes a proposed schedule and a report on any settlement discussions. (mk)
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Filing 27
MOTION by Defendant The Auctus Group to vacate Default (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Daugherity, Paul)
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Filing 26
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 10/6/2022. The defendant, The Auctus Group, is held in contempt for failure to respond to the summons. The Court noticed that an attorney filed an appearance on behalf of the defendant, but no answer has been filed for The Auctus Group. Defendant's counsel also failed to appear for today's hearing. A telephonic prove up and entry of judgment hearings are set for 11/8/2022 at 9:10 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Any materials that the plaintiff is submitting in support of the request for entry of judgment is to be filed by 11/4/2022. 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. (mma, )
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Filing 25
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Auctus Group (Daugherity, Paul)
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Filing 24
ATTORNEY Appearance for Defendant The Auctus Group by Paul Wilson Daugherity (Daugherity, Paul)
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Filing 23
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 9:00 AM on 10/6/2022 is advanced to 8:40 AM on that same date. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk)
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Filing 22
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/31/2022 and continued to 10/6/2022 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. (mma, )
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Filing 21
AFFIDAVIT of Affidavit of Compliance for Service on Secretary of State (Nitsch, Timothy)
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Filing 20
STATUS Report by The Centre LLC, The Centre PC (Attachments: #1 Exhibit Exhibit A)(Nitsch, Timothy)
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SUMMONS Issued as to Defendant The Auctus Group (mbh, ) Modified on 8/10/2022 (sxh, ).
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Filing 19
Second AMENDED complaint by The Centre PC, The Centre LLC against The Auctus Group (Attachments: #1 Exhibit Exhibit A - Agreements)(Nitsch, Timothy)
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SUMMONS Issued as to Defendants John Gwin, The Auctus Group, Plaintiffs The Centre LLC, The Centre PC (smb, )
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Filing 18
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file a second amended complaint #17 is granted. Plaintiffs should now file the second amended complaint as a separate docket entry. Defendant John Gwin has been dropped from the second amended complaint and is terminated. Plaintiffs' motion for extension of time for service of summons #16 is granted; the time for service on the remaining defendants is extended to 8/19/2022. The telephonic status hearing set for 8/2/2022 is vacated and reset to 8/31/2022 at 8:55 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. Plaintiffs are directed to file a status report on 8/24/2022. (mk)
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Filing 17
MOTION by Plaintiffs The Centre LLC, The Centre PC for leave to file second amended complaint (Attachments: #1 Exhibit Exhibit A to Motion)(Nitsch, Timothy)
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Filing 16
MOTION by Plaintiffs The Centre LLC, The Centre PC for extension of time to serve process (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Nitsch, Timothy)
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Filing 15
STATUS Report by The Centre LLC, The Centre PC (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Nitsch, Timothy)
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Filing 14
MINUTE entry before the Honorable Matthew F. Kennelly: This case has been on file for approximately 4 months. The Court previously extended the time for service by 1 month. Plaintiffs have moved to extend it again. They have shown good cause, but just barely. More particularly, plaintiffs have offered next to nothing about exactly what they have done, and what they are doing now, to try to locate the defendants. The Court therefore extends the time for service, but only until 7/29/2022. The telephonic status hearing set for 6/30/2022 is vacated and reset to 8/2/2022 at 8:55 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. (mk)
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Filing 13
MOTION by Plaintiffs The Centre LLC, The Centre PC for extension of time to serve process (Nitsch, Timothy)
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Filing 12
STATUS Report by The Centre LLC, The Centre PC (Nitsch, Timothy)
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SUMMONS Issued as to Defendant The Auctus Group (khg, )
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Filing 11
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 5/24/2022. The deadline for service of summons under Rule 4m is extended to 6/24/2022. Plaintiff is to file a status report regarding service of summons by 6/24/2022. A telephonic status hearing is set for 6/30/2022 at 9:00 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. Mailed notice. (mma, )
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SUMMONS Issued as to Defendants John Gwin, The Auctus Group (sxh, )
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Filing 10
STATUS Report Initial by The Centre LLC, The Centre PC (Nitsch, Timothy)
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Filing 9
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/12/2022. Plaintiff's counsel did not appear for the hearing. Plaintiff's attorney also failed to file a status report as recorded by the Court on 3/15/2022. The case is set for a further status hearing on 5/24/2022 at 8:50 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. Plaintiff is ordered to file a status report in conformity with the order filed on 3/15/2022. If plaintiff fails to comply with this order, a sanction will be imposed which may include a dismissal of the case. Mailed notice. (mma, )
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Filing 8
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Centre LLC, The Centre PC (Nitsch, Timothy)
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Filing 7
First AMENDED complaint by The Centre PC, The Centre LLC against John Gwin, The Auctus Group (Attachments: #1 Exhibit Exhibit A - Agreement)(Nitsch, Timothy)
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Filing 6
MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 4/5/2022, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 on 4/12/2022 at 8:55 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk)
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Filing 5
MINUTE entry before the Honorable Matthew F. Kennelly: The complaint in this case, which was filed in federal court based on claimed diversity jurisdiction, does not adequately set out the basis for the Court's jurisdiction. One of the plaintiffs is a limited liability company, and nothing is alleged in the complaint about its citizenship. The citizenship of an LLC is that of each and every one of its members, and if any member is an entity, citizenship must be traced all the way down. See Mutual Assignment & Indemnification Co. v. Lind-Waldock & Co., LLC, 364 F.3d 858, 861 (7th Cir. 2004); Cosgrove v. Bartolotta, 150 F.3d 729, 731 (7th Cir. 1998). In addition, the complaint alleges only the state of residence of the individual defendant, not his state of citizenship (domicile); the two are not necessarily the same. Unless plaintiff files within 7 days of the date of this order an amended complaint that adequately sets forth a basis for federal jurisdiction, the Court will dismiss the case. (mk)
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Filing 4
CIVIL Cover Sheet (Nitsch, Timothy)
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Filing 3
ATTORNEY Appearance for Plaintiffs The Centre LLC, The Centre PC by Timothy Michael Nitsch (Nitsch, Timothy)
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Filing 2
COMPLAINT filed by The Centre PC, The Centre LLC; Jury Demand. Filing fee $ 402, receipt number 0752-19184560. (Attachments: #1 Exhibit Exhibit A - Agreements)(Nitsch, Timothy)
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Filing 1
PAYMENT of Filing fee $ 402, receipt number 0752-19184503. (Nitsch, Timothy)
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (ak, )
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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. (ak, )
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