Portage Theater LLC v. General Star Indemnity Company
| Portage Theater LLC |
| General Star Indemnity Company |
| 1:2022cv04844 |
| September 8, 2022 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Mary M Rowland |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Insurance Contract |
| Defendant |
Docket Report
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This docket was last retrieved on March 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 MINUTE entry before the Honorable Mary M. Rowland: The court has been notified that the parties have potentially resolved Defendant's motion for relief for discovery violations #26 . The parties are mutually requesting an extension of fact discovery until 5/16/23. That request is granted. By 4/21/23 parties are to file a joint status report and indicate that the defendant's motion #26 can be denied as moot and that fact discovery will be completed by May 16 and that the expert discovery set at docket entry 22 will work or needs to be slightly modified. The parties should also indicate whether a settlement conference would be productive prior to engaging in the expense of expert discovery. The telephonic status set for 8/8/23 remains set. Mailed notice. (dm, ) |
| Filing 26 MOTION by Defendant General Star Indemnity Company for Relief for Plaintiff's Failure to Comply with Discovery Order (Bracke, Michelle) |
| Filing 25 MINUTE entry before the Honorable Mary M. Rowland: Hearing held on Defendant's motion to compel #23 . Plaintiff reported on the status of discovery. Plaintiff anticipates expert discovery. Expert discovery schedule set forth in Dkt #22 to stand. For the reasons stated on the record, Defendant's motion to compel discovery is granted in part and denied in part. The motion to compel documents responsive to discovery requests nos. 4, 9, 10, 12, and 14 are granted as modified on the record. The motion to compel is denied as to Requests numbered 6-8. The parties do not need to file a status report on 4/18/23 #22 . Telephonic status hearing set for 8/8/23 at 9:30am. Parties shall call 866-434-5269; access code 3751971. If parties believe a settlement conference would be productive prior to engaging in expert discovery they should contact chambers. Mailed notice. (dm, ) |
| Filing 24 MINUTE entry before the Honorable Mary M. Rowland: Defendant's motion to compel #23 is set for 3/1/23 at 9:30am. Parties shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) |
| Filing 23 MOTION by Defendant General Star Indemnity Company to compel Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bracke, Michelle) |
| Filing 22 MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report. The court will extend discovery deadlines as requested. Fact discovery to close on 4/14/23; any motion to amend pleadings or add new parties due 5/1/23; expert disclosures per FRCP 26(a)(2) for expert opinion on issue for which party bears burden due 5/15/23; rebuttal expert reports due 6/30/23; expert depositions to be done by 8/15/23. Parties may need to file motions regarding discovery disputes. Those are due 2/21/23. The court does not generally allow briefing on those. If any motion to compel is filed, the court will set it for hearing the following week and we can discuss the dispute and whether briefing would be helpful. It is too early to set dispositive motion schedule. Status report due 4/18/23 to report that fact discovery is complete and whether parties think it would be productive to discuss settlement prior to engaging in the expense of expert discovery. Telephonic status set for 2/16/23 is stricken. Mailed notice. (dm, ) |
| Filing 21 STATUS Report JOINT by Portage Theater LLC (Prendergast, Brian) |
| Filing 20 ATTORNEY Appearance for Plaintiff Portage Theater LLC by Brian Collins Prendergast (Prendergast, Brian) |
| Filing 19 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Portage Theater LLC (Danos, Pantelis) |
| Filing 18 MINUTE entry before the Honorable Mary M. Rowland: The case has been reassigned to Judge Rowland. All dates remain set and binding. Status report remains due 2/9/23 and telephonic status hearing set for 2/16/23 at 9:30 AM. NOTE TIME CHANGE. Parties shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) |
| Filing 17 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 16
ORDER OF THE EXECUTIVE COMMITTEE. The Honorable Gary S. Feinerman will resign his Commission as a United States District Judge effective December 31, 2022. IT IS HEREBY ORDERED That the civil cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any civil case that was assigned to the Honorable Gary S. Feinerman and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable Mary M. Rowland for all further proceedings. Honorable Gary Feinerman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 12/28/2022.(tg, )
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| Filing 15 MINUTE entry before the Honorable Gary Feinerman:By agreement #14 , the deadline for serving written discovery requests is extended to 1/19/2023. By agreement #14 , the status hearing 12/13/2022 #13 is stricken and re-set for 2/16/2023 at 9:00 a.m. By 2/9/2023, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 10/17/2022 order #13 ; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 2/16/2023 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 14 STATUS Report Joint Status Report by Portage Theater LLC (Wolkoff, Robin) |
| Filing 13 MINUTE entry before the Honorable Gary Feinerman: Initial written discovery requests shall be served by 11/7/2022. Deadline for serving written discovery requests is 12/19/2022. Motions to amend the pleadings and add new parties shall be filed by 3/15/2023. Fact discovery shall be completed by 2/28/2023. Rule 26(a)(2) disclosures for experts opining on issues for which a party bears the burden of proof shall be served by 4/15/2023. Rebuttal Rule 26(a)(2) disclosures shall be served by 6/30/2023. Experts shall be deposed by 8/15/2023. Dispositive motions shall be filed by 9/30/2023. The status hearing set for 10/18/2022 #8 is stricken and re-set for 12/13/2022 at 9:00 a.m. By 12/6/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 12/13/2022 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 12 STATUS Report Joint Initial Status Report by Portage Theater LLC (Wolkoff, Robin) |
| Filing 11 ATTORNEY Appearance for Plaintiff Portage Theater LLC by Pantelis George Danos (Danos, Pantelis) |
| Filing 10 ANSWER to counterclaim by Portage Theater LLC(Danos, Pantelis) |
| Filing 9 NOTICE by Robin Lyn Wolkoff of Change of Address / Name Change from Robin Wolkoff to Robin Letchinger and Law Firm Name Change from Croke Fairchild Morgan & Beres to Croke Fairchild Duarte & Beres (Wolkoff, Robin) |
| Filing 8 MINUTE entry before the Honorable Gary Feinerman:The jurisdictional addendum #5 establishing, at least for pleading purposes, that the parties are completely diverse, the order to show cause #4 is discharged. The status hearing set for 10/7/2022 #4 is stricken. Initial status hearing set for 10/18/2022 at 9:00 a.m. By 10/11/2022, the parties shall file a joint initial status report using the form on Judge Feinerman's web page on this District's website. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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. (jlj, ) |
| Filing 7 ANSWER to Complaint and, COUNTERCLAIM filed by General Star Indemnity Company against Portage Theater LLC . by General Star Indemnity Company (Attachments: #1 Exhibit A, #2 Exhibit B)(Bracke, Michelle) |
| Filing 6 ATTORNEY Appearance for Plaintiff Portage Theater LLC by Robin Lyn Wolkoff Appearance (Wolkoff, Robin) |
| Filing 5 JURISDICTIONAL ADDENDUM by General Star Indemnity Company (Bracke, Michelle) |
| Filing 4 MINUTE entry before the Honorable Gary Feinerman:On the court's own motion, Defendant is ordered to show cause in writing by 9/26/2022 why this case should not be remanded for want of subject matter jurisdiction. The notice of removal premises jurisdiction under the diversity statute, 28 U.S.C. 1332(a), but it does not properly allege Plaintiff's citizenship. (To properly allege the citizenship of an LLC, the party invoking federal jurisdiction must identify all members of the LLC and the citizenship of each member. See West v. Louisville Gas & Elec. Co., 951 F.3d 827, 829-30 (7th Cir. 2020); Thomas v. Guardsmark, LLC, 487 F.3d 531, 534 (7th Cir. 2007).) Defendant may discharge this order by filing a Jurisdictional Addendum that properly alleges Plaintiff's citizenship. If Defendant fails to do by 9/26/2022, this case will be remanded for want of subject matter jurisdiction. Status hearing set for 10/7/2022 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. 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 (jlj, ) |
| Filing 3 MAILED Notice of Removal letter to counsel of record. (gw, ) |
| 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. (gw, ) |
| Filing 2 ATTORNEY Appearance for Defendant General Star Indemnity Company by Michelle Marie Bracke (Bracke, Michelle) |
| Filing 1 NOTICE of Removal from Cook County Law Division, case number (2022L007162) filed by General Star Indemnity Company Filing fee $ 402, receipt number AILNDC-19820116. Notice of Removal (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Civil Cover Sheet civil cover sheet)(Bracke, Michelle) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (smb, ) |
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| Plaintiff: Portage Theater LLC | |
| Represented By: | Robin Lyn Wolkoff |
| Represented By: | Pantelis G. Danos |
| Represented By: | Brian Collins Prendergast |
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| Defendant: General Star Indemnity Company | |
| Represented By: | Michelle Marie Bracke |
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