Freehan et al v. Berg et al
| Timothy Freehan, Joseph Grody, Full Pull Wines, LLC and Austin Marcum |
| Cynthia Berg, Thomas Gibbons, Patricia Pulido Sanchez, Melody Spann Cooper, Julieta Lamalfa, Donald G. O'Connell and Steven Powell |
| Wine and Spirits Distributors of Illinois |
| 1:2022cv04956 |
| September 13, 2022 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Constitutional - State Statute |
| 28 U.S.C. § 1983 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 31, 2022. A more recent docket listing may be available from PACER.
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| Filing 43 ANSWER to Complaint by Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G. O'Connell, Steven Powell, Patricia Pulido Sanchez(Dierkes, Michael) |
| Filing 42 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint status report. (Dckt. No. #40 ) The parties do not seek a stay. The parties must file a notice of supplemental authority within one week of the Seventh Circuit's decision in Chicago Wine. (This Court's last order referred to the B-21 Wine case. But looking back at the docket, that case involved a North Carolina law with a pending cert. petition. It is not the case pending before the Seventh Circuit.) Basically, the parties must keep the Court informed of any legal developments. In the meantime, this case will roll forward. Mailed notice (jjr, ) |
| Filing 41 ATTORNEY Appearance for Defendant Wine and Spirits Distributors of Illinois by Richard J. Prendergast (Prendergast, Richard) |
| Filing 40 Joint Statement to the Court by Wine and Spirits Distributors of Illinois , Plaintiffs and Defendants (Prendergast, Richard) |
| Filing 39 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed the joint initial status report (Dckt. No. #37 ). By October 17, Plaintiffs must file a statement, supported by pertinent authority, addressing whether the Twenty-First Amendment bars their claim. As this Court understands it, the Twenty-First Amendment gives states abundant powers to regulate alcohol. This Court notes that a challenge to a similar Indiana law is pending before the Seventh Circuit. See B-21 Wines, Inc. v. Bauer. The parties must file a notice when the Seventh Circuit resolves that case. By October 7, 2022, the parties must file a statement addressing whether this case should be stayed pending a decision by the Seventh Circuit in that case. In the meantime, fact discovery will close on April 7, 2023. This Court does not set interim dates for written and oral discovery. The parties must file a status report by January 13, 2023. Mailed notice. (jjr, ) |
| Filing 38 ATTORNEY APPEARANCE for Plaintiffs (Epstein, Robert) (Docket Text Modified on 10/3/2022) (jjr, ). |
| Filing 37 JOINT INITIAL STATUS REPORT by Wine and Spirits Distributors of Illinois , Plaintiffs and Defendants (Prendergast, Richard) |
| Filing 36 MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to appear pro hac vice (Dckt. No. #35 ) is granted. Attorney Robert D. Epstein is added as counsel of record. Mailed notice. (jjr, ) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19894674. (Epstein, Robert) |
| Filing 34 NOTICE by All Plaintiffs of Designation of Local Counsel (Tanford, James) |
| Filing 33 ATTORNEY Appearance for Plaintiffs Timothy Freehan, Full Pull Wines, LLC, Joseph Grody, Austin Marcum by James Alex Tanford (Tanford, James) |
| Filing 32 MINUTE entry before the Honorable Steven C. Seeger: The motion for leave to appear pro hac vice (Dckt. No. #31 ) is granted. Attorney James A. Tanford is added as counsel of record. Mailed notice. (jjr, ) |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-19888505. (Tanford, James) |
| Filing 30 ATTORNEY Appearance for Plaintiffs Timothy Freehan, Full Pull Wines, LLC, Joseph Grody, Austin Marcum by Edward Roy Moor (Local Counsel) (Moor, Edward) |
| Filing 29 ATTORNEY Appearance for Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G. O'Connell, Steven Powell, Patricia Pulido Sanchez by Mary Alice Johnston (Johnston, Mary) |
| Filing 28 ATTORNEY Appearance for Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G. O'Connell, Steven Powell, Patricia Pulido Sanchez by Michael T. Dierkes (Dierkes, Michael) |
| Filing 27 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by September 30, 2022. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, ) |
| Filing 26 MAILED Rule 83.15 Letter to all counsel of record. (ph, ) |
| Filing 25 RECEIVED from Illinois Central; Case Number 3:21-cv-03212. (ph, ) |
| 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. (ph, ) |
| CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (ph, ) |
| Filing 24 OPINION: Based on the foregoing, venue is improper under 28 U.S.C. 1391(b)(1) because none of the Defendants are residents of the Central District of Illinois. Pursuant to 28 U.S.C. 1406(a), the Court finds it is in the interest of justice to transfer this case to the Northern District of Illinois. For the reasons stated herein, the Motion to Dismiss or, Alternatively, to Transfer Venue, [d/e 14] is GRANTED. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 9/9/2022. (ME) [Transferred from Illinois Central on 9/13/2022.] |
TEXT ORDER: Before the Court is Wine & Spirits Distributors of Illinois' (WSDI) Unopposed Motion for Leave to Intervene #17 . WSDI is a non-profit association of state-licensed distributors of alcoholic beverages in Illinois who conduct their business in accordance with the Illinois Liquor Control Act of 1934, which governs the licensing, taxing, importation and distribution of alcohol in Illinois. The Illinois legislature has adopted a three-tier system which regulates the sale of alcohol from producers to distributors to retailers. In their Amended Complaint #12 , the Plaintiffs challenge the constitutionality of the existing statutory framework governing Illinois' three-tier system. Specifically, Plaintiff Full Pull Wines LLC, an out-of-state liquor retailer, seeks to sell alcohol directly to end customers in Illinois, despite the fact that it is not licensed under Illinois law to do so, does not obtain its products from a licensed in-state distributor and, therefore, is not operating within the framework of Illinois' three-tier system. WSDI alleges Plaintiffs seek to eliminate the role of alcohol distributors by allowing out-of-state retailers to sell alcoholic liquor directly to consumers without first passing through the controls of the Illinois regulatory scheme. WSDI seeks to intervene in this matter in order to defend the constitutionality of Illinois' longstanding three-tier system and prevent what it claims will be direct and significant harm WSDI and its members will suffer if Plaintiffs are permitted to obtain judicial repeal of Illinois laws. The Plaintiffs do not object to WSDI's intervention as a Defendant in this litigation. The Court concludes that WSDI is entitled to intervene as a matter of right under Federal Rule of Civil of Procedure 24(a)(2) based on its interest in this action. Intervention of right under Rule 24(a) shall be granted if: the motion to intervene is timely; (2) the proposed intervenor has an interest related to the subject matter of the action; (3) disposition of the action threatens to impair that interest; and (4) the named parties inadequately represent the interest. See Wisc. Educ. Association Council v. Walker, 705 F.3d 640, 657-58 (7th Cir. 2013). Because WSDI is able to meet each element, its unopposed Motion for Leave to Intervene #17 is GRANTED. The Clerk is Directed to add Wine & Spirits Distributors of Illinois as a Defendant in this action. Entered by Judge Sue E. Myerscough on 7/5/2022. (GL) [Transferred from Illinois Central on 9/13/2022.]
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| TEXT ORDER by US Magistrate Judge Karen McNaught: defendant's motion to substitute #23 is ALLOWED. Xinyi Wei is terminated as counsel for defendants and Lisa Cook is allowed to substitute. Entered on 6/6/2022. (ME) [Transferred from Illinois Central on 9/13/2022.] |
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 5/4/2022. This case is reassigned to Judge Sue E. Myerscough for further proceedings. (LN) [Transferred from Illinois Central on 9/13/2022.]
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 4/29/2022. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow pending reassignment.(MC) [Transferred from Illinois Central on 9/13/2022.]
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| Filing 23 MOTION to Substitute Attorney, Xinyi Wei to be replaced by Lisa Cook, by Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez. Responses due by 4/28/2022 (Cook, Lisa) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 22 NOTICE of Appearance of Attorney by Lisa A Cook on behalf of Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez (Cook, Lisa) [Transferred from Illinois Central on 9/13/2022.] |
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on April 11, 2022. Due to Magistrate Judge Tom Schanzle-Haskins's retirement, this case is reassigned to Magistrate Judge Karen L. McNaught for further proceedings.(LN) [Transferred from Illinois Central on 9/13/2022.]
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| Filing 21 Defendants' REPLY in Support of Their Motion re #14 MOTION to Dismiss for Lack of Jurisdiction or alternatively to transfer venue filed by Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez. (Attachments: #1 Exhibits to Reply)(GL) [Transferred from Illinois Central on 9/13/2022.] |
| TEXT ORDER: The Defendants' Motion for leave to file a Reply in support of their Motion to Dismiss or, alternatively, to transfer venue #20 is GRANTED. The Clerk will docket and file the Reply [20-1] and exhibit [20-2] thereto. Entered by Senior District Judge Richard Mills on 3/11/2022. (GL) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 20 MOTION for Leave to File Reply in Support of Defendants' Motion to Dismiss, or alternatively, to Transfer Venue by Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez. Responses due by 3/24/2022 (Attachments: #1 Exhibit Ex A - proposed Reply, #2 Exhibit Ex A-1 - exhibit to proposed Reply)(Wei, Xinyi) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 19 MEMORANDUM in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction or alternatively to transfer venue filed by Plaintiffs Timothy Freehan, Full Pull Wines, LLC, Joseph Grody, Austin Marcum. (Attachments: #1 Exhibit A- O'Leary Declaration, #2 Exhibit B- Tanford Declaration, #3 Exhibit C- Witness list from Lebamoff v. Rauner, #4 Exhibit D- Conference List, #5 Exhibit E- Caseloads 2019-20, #6 Exhibit F- Caseloads 2017-18, #7 Exhibit G- Caseloads 2015-16)(Tanford, James) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 18 MEMORANDUM in Support re #17 Second MOTION to Intervene (Unopposed) filed by Intervenor Defendant Wine and Spirits Distributors of Illinois. (Layden, Michael) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 17 Second MOTION to Intervene by Intervenor Defendant Wine and Spirits Distributors of Illinois. Responses due by 3/9/2022 (Layden, Michael) [Transferred from Illinois Central on 9/13/2022.] |
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Filing 16
ORDER CONCERNING CONSENT TO MAGISTRATE JUDGE IN CASES INVOLVING INITIAL DISPOSITIVE MOTION entered by U.S. Magistrate Judge Tom Schanzle-Haskins on 2/23/2022. (Attachment: #1 Form) (LB) [Transferred from Illinois Central on 9/13/2022.]
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| Filing 15 MEMORANDUM in Support re #14 MOTION to Dismiss for Lack of Jurisdiction or alternatively to transfer venue filed by Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wei, Xinyi) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction or alternatively to transfer venue by Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez. Responses due by 3/8/2022 (Wei, Xinyi) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 13 MEMORANDUM in Opposition re #8 MOTION to Dismiss for improper venue, or alternatively, to Transfer Venue MOTION to Transfer Case filed by Plaintiffs Timothy Freehan, Full Pull Wines, LLC, Joseph Grody, Austin Marcum. (Attachments: #1 Exhibit A- O'Leary Declaration, #2 Exhibit B- Tanford Declaration, #3 Exhibit C- Witness list from Lebamoff v. Rauner)(Tanford, James) [Transferred from Illinois Central on 9/13/2022.] |
| TEXT ORDER: On January 21, 2022, the Defendants filed a motion to dismiss for improper venue or, alternatively, to transfer venue #8 . The motion was directed at the original Complaint #1 . On February 8, 2022, the Plaintiffs filed their First Amended Complaint #12 . Accordingly, the Defendants' motion to dismiss is now moot under Local Rule 7.1(E). The Clerk will terminate the motion to dismiss #8 . The Defendants may file another motion in accordance with the Federal Rule of Civil Procedure. The Court presumes that Wine and Spirits Distributors of Illinois continues to seek leave to intervene in the action pursuant to Rule 24 of the Federal Rules of Civil Procedure. Because the motion was based on the allegations of the original Complaint which is no longer before the Court, however, the Clerk will terminate the motion for leave to intervene #10 . Wine and Spirits Distributors of Illinois is granted leave to file a motion for leave to intervene that is based on the allegations of the amended complaint. Entered by Senior District Judge Richard Mills on 2/11/2022. (GL) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 12 AMENDED COMPLAINT against All Plaintiffs, filed by Full Pull Wines, LLC, Joseph Grody, Timothy Freehan.(Epstein, Robert) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 11 MEMORANDUM in Support re #10 First MOTION to Intervene (Unopposed) filed by Intervenor Defendant Wine and Spirits Distributors of Illinois. (Layden, Michael) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 10 First MOTION to Intervene (Unopposed) by Intervenor Defendant Wine and Spirits Distributors of Illinois. Responses due by 2/8/2022 (Layden, Michael) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss for improper venue, or alternatively, to Transfer Venue MOTION to Transfer Case filed by Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez. (Attachments: #1 Exhibit 1)(Wei, Xinyi) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 8 MOTION to Dismiss for improper venue, or alternatively, to Transfer Venue, MOTION to Transfer Case by Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez. Responses due by 2/4/2022 (Wei, Xinyi) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 7 NOTICE of Appearance of Attorney by James A Tanford on behalf of All Plaintiffs (Tanford, James) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 6 MOTION for Extension of Time to File Answer re #1 Complaint, by Defendants Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez. Responses due by 1/4/2022 (Wei, Xinyi) [Transferred from Illinois Central on 9/13/2022.] |
| TEXT ORDER BY RICHARD MILLS, United States District Judge: The Defendants' unopposed motion under Federal Rule of Civil Procedure 6(b)(1)(A) for an extension of time in which to answer or otherwise plead #6 is GRANTED. The deadline for the Defendants to answer or otherwise plead is extended to January 21, 2022. Entered on 12/21/2021. (MJC) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 5 NOTICE of Appearance of Attorney by Xinyi Wei on behalf of Cynthia Berg, Melody Spann Cooper, Thomas Gibbons, Julieta Lamalfa, Donald G O'Connell, Steven Powell, Patricia Pulido Sanchez (Wei, Xinyi) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 4 SUMMONS Returned Executed by Full Pull Wines, LLC, Joseph Grody, Timothy Freehan. All Defendants. (Epstein, Robert) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 3 Summons Issued as to Cynthia Berg. Original mailed to attorney for service. (MJC) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 2 NOTICE of Appearance of Attorney by Robert Epstein on behalf of All Plaintiffs (Epstein, Robert) [Transferred from Illinois Central on 9/13/2022.] |
| Filing 1 COMPLAINT all plaintiffs against All Defendants ( Filing fee $ 402 receipt number AILCDC-3772707.), filed by Full Pull Wines, LLC, Timothy Freehan, Joseph Grody. (Attachments: #1 Civil Cover Sheet)(Stocks, Jerrold) Modified on 11/1/2021 to include Plaintiff Grody as a filer (MJC). [Transferred from Illinois Central on 9/13/2022.] |
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