LKQ Corporation et al v. Shipman
| LKQ Corporation and Keystone Automotive Industries, Inc. |
| Christopher Shipman |
| 1:2022cv03691 |
| July 15, 2022 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Andrea R Wood |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 27, 2023. A more recent docket listing may be available from PACER.
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| Filing 30 REPLY by Defendant Christopher Shipman to response in opposition to motion #29 to dismiss Complaint (McGurk, James) |
| Filing 29 RESPONSE by Keystone Automotive Industries, Inc., LKQ Corporationin Opposition to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Christopher Shipman #26 (Annunziata, Craig) |
| Filing 28 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 27 MINUTE entry before the Honorable Nancy L. Maldonado:The Court approves the parties briefing schedule. Plaintiff's response to Defendant's motion to dismiss #26 is due on January 6, 2023 and Defendant's Reply is due January 27, 2023. (ca, ) |
| Filing 26 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Christopher Shipman (Attachments: #1 Exhibit Second Supplemental Declaration of Christopher Shipman)(McGurk, James) |
| Filing 25 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Defendant Shipman's emergency motion for extension of time for leave to file his motion to dismiss and for leave to file a supplemental declaration in support of his motion to change venue #24 . The Court notes that such last minute requests for extensions are generally disfavored, and the request to file a supplemental declaration in particular comes more than a week after Defendant's deadline to file a reply. However, given Defense counsel's cited medical reasons for the delay in filing the motion, and the communication delays with Defendant, the Court finds good cause to allow the extension and filing of the supplemental affidavit. The motion is granted, and Defendant shall have a final extension until 12/05/2022 to file his motion to dismiss or otherwise respond to the complaint. The Court will also consider Defendant's supplemental declaration in ruling on the motion to transfer venue. Finally, as Defendant explains, the document filed at docket #22 is the correct copy of his pending motion to transfer venue, to which Plaintiffs have already responded, and the motion at docket #16 is an incorrect duplicate of his motion for leave to file. The Court therefore terminates the motion for leave to file at docket #16 as moot. |
| Filing 24 MOTION by Defendant Christopher Shipman for extension of time to file motion to dismiss complaint (Attachments: #1 Exhibit Supplemental Declaration of Christopher Shipman)(McGurk, James) |
| Filing 23 MINUTE entry before the Honorable Nancy L. Maldonado: Defendant Shipman has re-filed a copy of his motion for change of venue under 28 U.S.C 1404(a) #22 . The motion appears to be a duplicate of the earlier motion to change venue #16 , which Defendant Shipman failed to reply to by 11/21/2022 #15 , a deadline which was confirmed by this Court on 11/8/2022 #21 . The Court therefore considers briefing on the motion to change venue complete and will rule in short order. Separately, the Court reminds Defendant Shipman that he has a deadline of today, 11/30/2022, to answer or otherwise respond to the complaint, and the Court will not extend that deadline absent extraordinary circumstances. (ca, ) |
| Filing 22 MOTION by Defendant Christopher Shipman to change venue (Attachments: #1 Exhibit Declaration of Christopher Shipman)(McGurk, James) |
| Filing 21 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Plaintiffs' Renewed Motion for Default Judgment #20 . As Plaintiffs note in the motion, Judge Wood previously ordered the Defendant to file his anticipated motion to dismiss by 10/13/2022 #15 , which he failed to do. This Court's standing order on the Court's webpage indicates that all briefing schedules set by the prior District Court Judge remain in effect. Given, however, that Defendant has appeared, the parties are engaged in briefing on a motion to transfer venue, and that the reassignment of the case to the undersigned may have caused some uncertainty as to the previously-set schedule, the Court is inclined to allow some flexibility and excuse Defendant's failure. The Court therefore denies Plaintiffs' motion #20 without prejudice; Defendant must answer or otherwise respond to the complaint by 11/30/2022. The Court reminds Defendant that, regardless of the disposition of his motion to transfer venue, he is still required to respond to the complaint, and no further extensions of this deadline will be granted absent extraordinary circumstances. The Court will endeavor to promptly rule on the motion to transfer venue once briefing is complete later this month. (ca, ) |
| Filing 20 MOTION by Plaintiffs Keystone Automotive Industries, Inc., LKQ Corporation for default judgment as to Christopher Shipman (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Affidavit of Service)(Annunziata, Craig) |
| Filing 19 RESPONSE by Keystone Automotive Industries, Inc., LKQ Corporationin Opposition to MOTION by Defendant Christopher Shipman to change venue #16 (Attachments: #1 Exhibit A)(Annunziata, Craig) |
| Filing 18 MINUTE entry before the Honorable Andrea R. Wood: In light of the reassignment of this case to Judge Maldonado, the telephonic status hearing before Judge Wood set for 11/30/2022 is stricken. Mailed notice (lma, ) |
| Filing 17 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 22-0018: Pursuant that to the Executive Committee Order entered on September 9, 2022, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Nancy L. Maldonado; therefore IT IS HEREBY ORDERED that the attached list of 287 cases be reassigned to the Honorable Nancy L. Maldonado; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Nancy L. Maldonado's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such case; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Nancy L. Maldonado to the Court's criminal case assignment system ninety (90) days so that Judge Maldonado shall thereafter receive a full share of such cases. Case reassigned to the Honorable Nancy L. Maldonado for all further proceedings. Honorable Andrea R. Wood no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/03/2022.(sm, ) |
| Filing 16 MOTION by Defendant Christopher Shipman to change venue (Attachments: #1 Exhibit Declaration of Christopher Shipman)(McGurk, James) |
| Filing 15 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 9/22/2022. For the reasons stated on the record, Plaintiff's motion for default judgment #11 is denied. Defendant's motion for leave to file his motion for change of venue under 28 U.S.C. Section 1404 (a) instanter #13 is granted. Defendant shall file the motion separately on the docket. The Court sets the following briefing schedule on Defendant's anticipated motion to dismiss: Defendant shall file their motion to dismiss by 10/13/2022; Plaintiff shall respond to the motion to dismiss and motion for change of venue by 11/3/2022; Defendant shall reply in support of the motion to dismiss and motion for change of venue by 11/21/2022. Telephonic status hearing set for 11/30/2022 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 (lma, ) |
| Filing 14 MINUTE entry before the Honorable Andrea R. Wood: Defendant's motion for leave to file his motion for change of venue under 28 U.S.C. Section 1404(a) instanter #13 will be considered at the previously set telephonic hearing on 9/22/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 (lma, ) |
| Filing 13 MOTION by Defendant Christopher Shipman to file instanter Defendant's Motion for Change of Venue (Attachments: #1 Exhibit Defendant Shipman's Motion for Change of Venue, #2 Exhibit Declaration of Christopher Shipman)(McGurk, James) |
| Filing 12 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's motion for default judgment #11 will be heard at the telephonic hearing set for 9/22/2022 at 9:15 AM. Any party wishing to be heard on the motion shall contact the courtroom deputy (laritza_arcos@ilnd.uscourts.gov) for instructions on how to join the call. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 (lma, ) |
| Filing 11 MOTION by Plaintiff LKQ Corporation for default judgment as to Defendant Christopher Shipman (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Affidavit of Service)(Hux, James) |
| Filing 10 MINUTE entry before the Honorable Andrea R. Wood: Defendant's motion for an extension of time to answer or otherwise plead #9 is granted. Defendant shall answer or otherwise plead to Plaintiff's complaint by 9/2/2022. Mailed notice (lma, ) |
| Filing 9 MOTION by Defendant Christopher Shipman for extension of time to file answer (Linked document has the incorrect case number) (McGurk, James) Modified on 8/22/2022 (cxr, ). |
| Filing 8 ATTORNEY Appearance for Defendant Christopher Shipman by James Arthur McGurk (McGurk, James) |
| Filing 7 SUMMONS Returned Executed by LKQ Corporation, Keystone Automotive Industries, Inc. as to Christopher Shipman on 7/20/2022, answer due 8/10/2022. (Hux, James) |
| Filing 6 MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 9/22/2022 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. 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 (dal, ) |
| 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. (jk2, ) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (jk2, ) |
| SUMMONS Issued as to Defendant Christopher Shipman (jxj, ) |
| Filing 5 ATTORNEY Appearance for Plaintiffs Keystone Automotive Industries, Inc., LKQ Corporation by James M Hux, Jr (Hux, James) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Keystone Automotive Industries, Inc., LKQ Corporation by Daniel Frank Lanciloti (Lanciloti, Daniel) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Keystone Automotive Industries, Inc., LKQ Corporation by Craig Robert Annunziata (Annunziata, Craig) |
| Filing 2 CIVIL Cover Sheet (Annunziata, Craig) |
| Filing 1 COMPLAINT for Injunctive Relief and Damages filed by LKQ Corporation, Keystone Automotive Industries, Inc.; Filing fee $ 402, receipt number AILNDC-19656846. (Attachments: #1 Exhibit A - 5.17.19 Confidentiality Agreement, #2 Exhibit B - 2.4.20 Restrictive Covenant Agreement, #3 Exhibit C - 2019 RSU Agreement-Shipman, #4 Exhibit D - 2020 RSU Agreement-Shipman, #5 Exhibit E - 2021 RSU Agreement-Shipman, #6 Exhibit F - 2019 Non-Compete-Shipman, #7 Exhibit G - 2020 Non-Compete-Shipman, #8 Exhibit H - 2021 Non-Compete-Shipman)(Annunziata, Craig) |
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