Brosnan Risk Consultants, Ltd. et al v. Murauskas et al
| Brosnan Risk Consultants, Ltd. |
| Aaron Murauskas, Quienten Boston and Controlled F.O.R.C.E., Inc. |
| 1:2022cv02995 |
| June 8, 2022 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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Filing 73
ORDER REGARDING DISBURSEMENT OF FUNDS. Signed by the Honorable Manish S. Shah on 7/10/2023: The motion for disbursement of funds #72 is granted. Notices mailed. (psm, )
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| Filing 72 MOTION by Plaintiff Brosnan Risk Consultants, Ltd. for disbursement of funds Unopposed (Attachments: #1 Exhibit A)(Church, Todd) |
| Filing 71 MINUTE entry before the Honorable Manish S. Shah: All of plaintiff's claims having been resolved, this case is dismissed. Civil case terminated. Notices mailed. (psm, ) |
| Filing 70 STIPULATION of Dismissal (Church, Todd) |
| Filing 69 AGREED CONSENT INJUNCTION. Signed by the Honorable Manish S. Shah on 3/22/2023: The motion for entry of consent injunction #67 is granted. Plaintiffs shall file a status report with respect to the claims against defendant Boston and stating whether those claims are resolved by settlement by 3/27/23. Notices mailed. (psm, ) |
| Filing 68 MINUTE entry before the Honorable Sunil R. Harjani: In light of the pending Agreed Motion for Consent Injunction #67 pursuant to the parties' settlement agreement, the tracking status set for 3/24/2023 is stricken. All matters related to the referral having been concluded, the referral is closed. Mailed notice (lxs, ) |
| Filing 67 MOTION by Plaintiff Brosnan Risk Consultants, Ltd.Entry of Consent Injunction (Church, Todd) |
| Filing 66 MINUTE entry before the Honorable Sunil R. Harjani: Settlement conference held. The parties have reached a settlement in this case that was memorialized on the record. Plaintiff's draft of the settlement agreement and consent injunction is due by 3/1/23 to the Defendants; any edits from the Defendants are due by 3/8/23; consent injunction shall be filed, and settlement agreement shall be executed by 3/15/23. Tracking status set for 3/24/23 at 9:15 a.m. but will be stricken once the consent injunction has been filed. Mailed notice (lxs, ) |
| Filing 65 MINUTE entry before the Honorable Sunil R. Harjani: Docket entry no. #64 is enhanced to include the following: Parties must wear masks the entire time they are in the courthouse and follow the Dirksen Courthouse Covid-19 precautions and procedures which can be found at https://www.ilnd.uscourts.gov/Pages.aspx?page=chicagocovid19. Mailed notice (lxs, ) |
| Filing 64 MINUTE entry before the Honorable Sunil R. Harjani: In-person settlement conference is set for 2/22/2023 at 9:30 a.m. in Courtroom 1858. Mailed notice (lxs, ) |
| Filing 63 MINUTE entry before the Honorable Sunil R. Harjani: Minute entry #62 is expanded as follows: In the email dated 1/23/23, the Court would also like a list of individuals attending the conference. To be clear, it must be individuals with full settlement authority, and they should not be calling others by phone during the conference. For Controlled Force, it should be all three individuals mentioned during the private call with the Court. Mailed notice (lxs, ) |
| Filing 62 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held with all counsel, and also privately with certain counsel. After the significant discussions held with the Court, the Court believes that this matter is ready for an in-person conference. Counsel shall jointly provide as many dates as possible for an in-person conference by 1/23/23 to the settlement correspondence email box. Details shall follow from the Courtroom Deputy. Mailed notice (lxs, ) |
| Filing 61 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held with Controlled Force only. Preliminary settlement discussion with all counsel set for 1/13/23 is stricken and reset to 1/18/23 at 2:00 p.m. by telephone. Lead counsel are instructed to promptly call into the Court's call-in number at (855) 244-8681, and use Access Code 978 352 73. Mailed notice (lxs, ) |
| Filing 60 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion with lead counsel for Controlled Force and his clients is set for 1/9/2023 at 2 p.m. by videoconference. Details to follow from the Courtroom Deputy. Mailed notice (lxs, ) |
| Filing 59 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, ) |
| Filing 58 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held and continued to 1/13/23 at 10:30 a.m. by telephone. The Court talked to the parties about some issues with moving forward with the settlement conference, and offered some possible solutions. Counsel for Controlled Force shall provide a few dates for a private call with his clients via the settlement correspondence email box as soon as possible. Lead counsel are instructed to promptly call into the Court's call-in number at (855) 244-8681, and use Access Code 978 352 73. Mailed notice (lxs, ) |
| Filing 57 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement conference with lead counsel only is set for 12/16/2022 at 2 p.m. by telephone. Lead counsel are instructed to promptly call into the Court's call-in number at (855) 244-8681, and use Access Code 978 352 73. Mailed notice (lxs, ) |
| Filing 56 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held with each set of counsel. The Court had a productive conference with each set of attorneys. Defendant Controlled shall submit a supplemental settlement letter by 12/19/22. The parties shall confer and propose three dates jointly that work for the parties and email them to the Court's settlement correspondence email box by 12/9/22 for an in-person settlement conference in January 2023. The Court will select one of those dates for a conference. Mailed notice (lxs, ) |
| Filing 55 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held. The Court needs to have private sessions with each set of attorneys. Preliminary settlement discussion set for 12/2/22 by telephone as follows: Defendant Murauskas at 9:00 a.m.; Defendant Controlled Force at 10:00 a.m. and Plaintiff at 1:15pm. Lead counsel are instructed to promptly call into the Court's call-in number at (855) 244-8681, and use Access Code 978 352 73. Mailed notice (lxs, ) |
| Filing 54 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #53 is granted. The deadline to complete expedited discovery is extended to 12/9/22. The court extends the TRO by agreement until the parties exhaust settlement efforts. Notices mailed. (psm, ) |
| Filing 53 MOTION by Plaintiff Brosnan Risk Consultants, Ltd. for extension of time Agreed Motion for Extension of Time to Complete Expedited Discovery, Extension of Temporary Restraining Order and Status Report (Church, Todd) |
| Filing 52 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #51 is granted. The TRO is extended to 12/2/22, and the parties may continue to conduct discovery as needed until 12/2/22. The parties shall file a status report on discovery and settlement progress on 11/30/22. Notices mailed. (psm, ) |
| Filing 51 MOTION by Plaintiff Brosnan Risk Consultants, Ltd. for extension of time to complete discovery Agreed Motion for Extension of Time to Complete Expedited Discovery, Extension of Temporary Restraining Order and Status Report (Church, Todd) |
| Filing 50 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held and continued to 12/1/22 at 10:00 a.m. by telephone. Plaintiff's settlement letter is due by 11/8/22 and Defendant's letter due by 11/23/22. Parties are reminded that Magistrate Judge Harjani requires compliance with his Standing Order for Settlement Conference, which is available on the Court's website at www.ilnd.uscourts.gov. Lead counsel are instructed to promptly call into the Court's call-in number at (855) 244-8681, and use Access Code 978 352 73. Mailed notice (lxs, ) |
| Filing 49 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion with lead counsel set for 10/24/2022 at 9:30 a.m. by telephone #48 stands. Preliminary settlement discussion previously set for 10/28/2022 #46 is stricken. Mailed notice (lxs, ) |
| Filing 48 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion with lead counsel only is set for 10/24/2022 at 9:30 a.m. by telephone. Lead counsel are instructed to promptly call into the Court's call-in number at (855) 244-8681, and use Access Code 978 352 73. Mailed notice (lxs, ) |
| Filing 47 MINUTE entry before the Honorable Manish S. Shah: Minute Entry #44 is amended to add the following: The TRO is extended by agreement to 11/2/22. The case is referred to the magistrate judge for settlement. The parties shall file a status report on settlement and with any requests for agreed extensions of the TRO by 11/1/22. Notices mailed. (psm, ) |
| Filing 46 MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion with lead counsel only set for 10/28/2022 at 10:00 a.m. by telephone. Lead counsel are instructed to promptly call into the Court's call-in number at (855) 244-8681, and use Access Code 978 352 73. Mailed notice (lxs, ) |
| Filing 45 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: settlement conference. (psm, )Notices mailed. |
| Filing 44 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time to complete discovery #43 is granted. Notices mailed. (psm, ) |
| Filing 43 MOTION by Plaintiff Brosnan Risk Consultants, Ltd. for extension of time to complete discovery Agreed Motion for Extension of Time to Complete Expedited Discovery, Extension of Temporary Restraining Order, and For Settlement Conference Referral (Church, Todd) |
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Filing 42
ORDER. Signed by the Honorable Manish S. Shah on 10/11/2022: Defendants' motions to dismiss and to dissolve the temporary restraining order, #24 - #26 , are denied. The parties shall file a status report on 10/12/2022 with a proposed schedule for a preliminary injunction hearing. [For further detail see attached order.] Notices mailed. (psm, )
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| Filing 41 CONFIDENTIALITY Order. Signed by the Honorable Manish S. Shah on 9/26/2022: The motion for entry of confidentiality order #40 is granted. Notices mailed. (psm, ) |
| Filing 40 MOTION by Plaintiff Brosnan Risk Consultants, Ltd.Joint Motion for Entry of Agreed Confidentiality Order (Church, Todd) |
| Filing 39 MINUTE entry before the Honorable Manish S. Shah: The motion for extension of time #38 is granted. By agreement the TRO is extended through 10/12/22 and the parties shall complete the expedited discovery by 10/12/22. Notices mailed. (psm, ) |
| Filing 38 MOTION by Plaintiff Brosnan Risk Consultants, Ltd. for extension of time (Agreed Motion) (Church, Todd) |
| Filing 37 REPLY by Defendant Aaron Murauskas In Support of Motion to Dismiss (Vogt, David) |
| Filing 36 REPLY by Defendant Controlled F.O.R.C.E., Inc. to motion to dismiss #25 (McLaughlin, Kenneth) |
| Filing 35 REPLY by Defendant Controlled F.O.R.C.E., Inc. to motion to dismiss #24 (Attachments: #1 Exhibit 1)(McLaughlin, Kenneth) |
| Filing 34 MINUTE entry before the Honorable Manish S. Shah: The motion for leave to appear pro hac vice #33 is granted. Notices mailed. (psm, ) |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19749908. (Sims, Tyler) |
| Filing 32 ATTORNEY Appearance for Defendant Aaron Murauskas by David John Vogt Appearance (Vogt, David) |
| Filing 31 MEMORANDUM by Brosnan Risk Consultants, Ltd. in Opposition to motion to dismiss #25 (Church, Todd) |
| Filing 30 MEMORANDUM by Brosnan Risk Consultants, Ltd. in Opposition to motion for joinder #26 , motion to dismiss #24 (Church, Todd) |
| Filing 29 TRANSCRIPT OF PROCEEDINGS held on 06/13/2022 before the Honorable Manish S. Shah. Motion for TRO hearing. Order Number: 43773. Court Reporter Contact Information: Colleen_Conway@ilnd.uscourts.gov or 312.435.5594. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/30/2022. Redacted Transcript Deadline set for 9/9/2022. Release of Transcript Restriction set for 11/7/2022. (Conway, Colleen) |
| Filing 28 MINUTE entry before the Honorable Manish S. Shah: The court extends the TRO to 9/13/22, pending a hearing on plaintiff's request for a preliminary injunction. Notwithstanding Controlled FORCE's objections, the court's reasons for entering the TRO remain persuasive and justifying keeping the status quo in place while the parties brief the arguments raised by defendants in opposition to the complaint and the request for a preliminary injunction. Plaintiff shall respond to the motions #24 #25 and #26 by 8/10/22 and defendants Controlled FORCE and Murauskas may reply by 8/24/22. Notices mailed. (psm, ) |
| Filing 27 STATUS Report on Discovery Progress (Per Dkt. 12) by Brosnan Risk Consultants, Ltd. (Witz, James) |
| Filing 26 MOTION by Defendant Aaron Murauskas for joinder in Controlled Force's Motion to Dismiss Complaint and Motion to Dismiss Petition for TRO and for Permanent Injunctive Relief (Zeeck, Brian) |
| Filing 25 MOTION by Defendant Controlled F.O.R.C.E., Inc. to dismiss Motion to Dismiss TRO (McLaughlin, Kenneth) |
| Filing 24 MOTION by Defendant Controlled F.O.R.C.E., Inc. to dismiss Motion to Dismiss Complaint (Attachments: #1 Exhibit DX1)(McLaughlin, Kenneth) |
| Filing 23 ATTORNEY Appearance for Defendant Aaron Murauskas by Brian Richard Zeeck (Zeeck, Brian) |
| Filing 22 AFFIDAVIT of Service filed by Plaintiff Brosnan Risk Consultants, Ltd. regarding Summons in Civil Case, Verified Complaint, Plaintiff's Motion for Temporary Restraining Order, Plaintiff's Memorandum of Law in Support of Motion for Temporary Restraining Order served on Controlled F.O.R.C.E., Inc. on June 15, 2022 (Church, Todd) |
| Filing 21 AFFIDAVIT of Service filed by Plaintiff Brosnan Risk Consultants, Ltd. regarding Summons in Civil Case, Verified Complaint, Exhibits, Plaintiff's Motion for Temporary Restraining Order, Plaintiff's Memorandum of Law in Support of Motion for Temporary Restraining Order served on Quienten Boston on June 20, 2022 (Church, Todd) |
| Filing 20 AFFIDAVIT of Service filed by Plaintiff Brosnan Risk Consultants, Ltd. regarding Summons in Civil Case, Verified Complaint, Plaintiff's Motion for Temporary Restraining Order, Plaintiff's Memorandum of Law in Support of Motion for Temporary Restraining Order served on Aaron Murauskas on June 18, 2022 (Church, Todd) |
| Filing 19 ATTORNEY Appearance for Defendant Controlled F.O.R.C.E., Inc. by Kenneth Stephen McLaughlin, Jr (McLaughlin, Kenneth) |
| Filing 18 REGISTRY DEPOSIT INFORMATION FORM by Brosnan Risk Consultants, Ltd. (jmk, ) |
| BOND in the amount of $ 20,000 check, Receipt No. 4624273608, posted by Brosnan Risk Consultants, Ltd. (jk2, ) |
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Filing 17
ORDER REGARDING FORM OF SECURITY. Signed by the Honorable Manish S. Shah on 6/28/2022. Notices mailed. (psm, )
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| Filing 16 MINUTE entry before the Honorable Manish S. Shah: Minute Entry #15 is stricken and having been entered in error. The correct order is as follows: The motion for extension of time #14 is granted. Plaintiff has until 6/28/22 to post the security for the TRO. Notices mailed. (psm, ) |
| Filing 15 Entered in error. Modified on 6/24/2022 (psm, ). |
| Filing 14 MOTION by Plaintiff Brosnan Risk Consultants, Ltd. for extension of time to post security (Church, Todd) |
| SUMMONS Issued as to Defendant Quienten Boston (khg, ) |
| Filing 13 TEMPORARY Restraining Order. Signed by the Honorable Manish S. Shah on 6/13/2022. Notices mailed. (psm, ) |
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Filing 12
ORDER. Signed by the Honorable Manish S. Shah on 6/13/2022: Plaintiff's motion for a temporary restraining order #6 is granted in part. Enter Temporary Restraining Order. Plaintiff shall post the required security by 6/21/22. Plaintiff's motion for expedited discovery is granted in part #9 . In order to prepare for a preliminary injunction hearing, both sides have good cause to conduct discovery before a Rule 26(f) planning conference. Plaintiff may serve no more than 10 document requests, 10 requests for admission, and 10 interrogatories on each defendant; defendants collectively may serve no more than 10 document requests, 10 requests for admission, and 10 interrogatories on plaintiff. Responses to written discovery requests are due within 14 days from service and documents must be produced within 30 days of service of the requests. Parties may serve subpoenas on third parties with no more than 5 document requests. Plaintiff may notice no more than 5 depositions, and defendants may collectively notice no more than 5 depositions. All expedited discovery must be completed by 9/14/22. The court declines to order a specific forensic examination of electronic devices or accounts, but expects that plaintiff's document requests to defendants will cover electronically stored information, and the parties must meet and confer to discuss protocols for the review and retrieval of electronic information. Plaintiff shall file a status report on discovery progress on 7/20/21. The court will set a schedule for a preliminary injunction hearing (if one is necessary) and other case deadlines after plaintiff files the discovery progress report. [For further detail see attached order.] Notices mailed. (psm, )
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| Filing 11 MINUTE entry before the Honorable Manish S. Shah: Telephone hearing held on plaintiffs' motion for temporary restraining order #6 . The court will issue a ruling on the motion #6 as well as the motion for expedited discovery #9 via cm/ecf. Defendants are advised not to delete, destroy, or alter any existing documents, emails, text messages, or other electronic information that may be related to this dispute. Notices mailed. (psm, ) |
| Filing 10 MEMORANDUM by Brosnan Risk Consultants, Ltd. in support of motion for temporary restraining order #6 CORRECTED Plaintiff's Memorandum of Law in Support of Motion for Temporary Restraining Order (Witz, James) |
| Filing 9 MOTION by Plaintiff Brosnan Risk Consultants, Ltd. to expedite discovery (Church, Todd) |
| Filing 8 MINUTE entry before the Honorable Manish S. Shah: Hearing on plaintiffs' motion for temporary restraining order #6 is set for 6/13/22 at 10:30 a.m. Parties to the case, members of the public, and the media, may participate in/listen to these proceedings by dialing 1-888-204-5984 and using access code 9146677. 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. Notices mailed. (psm, ) |
| Filing 7 MEMORANDUM by Brosnan Risk Consultants, Ltd. in support of motion for temporary restraining order #6 (Church, Todd) |
| Filing 6 MOTION by Plaintiff Brosnan Risk Consultants, Ltd. for temporary restraining order (Church, Todd) |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Brosnan Risk Consultants, Ltd. (Church, Todd) |
| Filing 4 ATTORNEY Appearance for Plaintiff Brosnan Risk Consultants, Ltd. by Todd M. Church (Church, Todd) |
| Filing 3 ATTORNEY Appearance for Plaintiff Brosnan Risk Consultants, Ltd. by James M. Witz (Witz, James) |
| Filing 2 CIVIL Cover Sheet (Witz, James) |
| Filing 1 COMPLAINT Verified Complaint filed by Brosnan Risk Consultants, Ltd.; Filing fee $ 402, receipt number AILNDC-19543406.(Witz, James) |
| CASE ASSIGNED to the Honorable Manish S. Shah. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (emc, ) |
| 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. (emc, ) |
| SUMMONS Issued as to Defendants Quienten Boston, Controlled F.O.R.C.E., Inc., Aaron Murauskas (emc, ) |
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