Citadel Securities Americas Services LLC v. Prieur
| Citadel Securities Americas Services LLC |
| Vincent Prieur |
| 1:2022cv05185 |
| September 23, 2022 |
| US District Court for the Northern District of Illinois |
| Susan E Cox |
| John F Kness |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 33 MINUTE entry before the Honorable John F. Kness: Plaintiff has filed a notice of voluntary dismissal #32 explaining that the case has been voluntarily dismissed. Because the notice of dismissal was filed before the opposing party served either an answer or a motion for summary judgment, the case is dismissed without prejudice by operation of Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (Rule 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Each party is to bear its own fees and costs. Civil case terminated. Mailed notice (ef, ) |
| Filing 32 Notice of Dismissal by Citadel Securities Americas Services LLC (Hoeflich, Adam) |
| Filing 31 MINUTE entry before the Honorable Susan E. Cox: Joint Motion to Stay Rule 26(f) Discovery Report #30 is granted. The parties have indicated that they plan to pursue mediation with the American Arbitration Association and seek to file their Rule 26(f) report on 10/26/22. The Court advises the parties that it is not the Court's practice to stay discovery during the pendency of private mediation proceedings and the Rule 26(f) report should include firm discovery deadlines and also indicate the date for the outside mediation. (rbf, ) |
| Filing 30 MOTION by Plaintiff Citadel Securities Americas Services LLC to stay regarding text entry, #29 (Joint Motion to Stay Rule 26(f) Discovery Report) (Hoeflich, Adam) |
| Filing 29 MINUTE entry before the Honorable Susan E. Cox: This case has been referred to Judge Cox for discovery supervision. The parties are ordered to file a Rule 26(f) report on or before 10/17/22. A sample form can be found on Judge Cox's website. (rbf, ) |
| Filing 28 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: discovery supervision. (ef, )Mailed notice. |
| Filing 27 MINUTE entry before the Honorable John F. Kness: Plaintiff's motion #23 for an extension of the existing Temporary Restraining Order is granted, and the TRO is extended to 5 p.m. CDT on October 26, 2022. In their most recent motion papers (Dkt. #23 , #24 , and #25 ), the parties highlight several disputes that must be briefly addressed. To begin, Defendant asserts that the language of the TRO stating that it "can be extended" to October 26 was inserted by Plaintiff (without Defendant's foreknowledge) into the draft order provided to the Court. (Dkt. #24 at 2.) Plaintiff responds that the Court never explicitly "ask[ed]" Plaintiff to provide Defendant with a "draft for review" and that it was the Court's prerogative to change the language as it saw fit. (Dkt. #25 at 3.) Plaintiff's responses are true as far as they go. But for future reference, the Court expects counsel in every case, as a matter of professional courtesy, to provide opposing counsel with the opportunity to review, in advance, language to be proposed to the Court. If the parties disagree about the language, they should alert the Court to the disagreement and ask the umpire to make a call. In this instance, though, the issue is not material, as the disputed language is a truism: any TRO "can be extended" by rule provided that the proponent of the extension shows "good cause" and the "reasons for an extension [are] entered in the record." FRCP 65. Both sides are assured that the Court will not feel bound to extend the TRO solely because of the presence of the "can be extended" phrase in the TRO itself. Turning to the merits, Plaintiff has the better argument and has shown good cause for a 14-day extension of the TRO. Defendant raises several points concerning the timing of Plaintiff's efforts in the parallel, nascent proceedings before the American Arbitration Association, but the Court is satisfied, at this early stage, that Plaintiff is moving with sufficient urgency to justify an extension of the TRO. As for Defendant's argument concerning its unrequited discovery requests, the pendency of discovery requests is not sufficient to outweigh Plaintiff's preliminary showing that a preservation of the status quo is paramount. Defendant will of course be entitled to discovery, and to aid that process, the Court concurrently asks the Executive Committee to refer this matter on an expedited basis to Magistrate Judge Cox for the supervision of discovery. If discovery delays become untenable, the Court will surely provide a remedy. But at this stage, the evidence provided thus far by Plaintiff, as discussed on the record (Dkt. #21 ) in connection with the Court's entry of the TRO, was sufficient to show that Plaintiff needed immediate protection from threatened irreparable harm even without a fuller evidentiary record. That factual landscape might change decisively, but virtually every emergency proceeding starts off with an incomplete factual record that is subject to development as the case progresses. As for the governing standard, good cause for an extension is demonstrated by the fact that Defendant's employment with a competitor would be just as potentially harmful now as it was two weeks ago. In other words, nothing about the factual landscape has changed such that Plaintiff would now no longer be harmed by Plaintiff's planned conduct. Plaintiff's statement that it is moving expeditiously to begin an arbitration proceeding and seeks in this action only to preserve the status quo ante is informative, as is Defendant's counter narrative regarding the AAA proceedings, but in the end, the question for this Court is simply whether Plaintiff remains entitled to preliminary injunctive relief on the present record. For the foregoing reasons, and in view of the Court's comments at the September 30 hearing, Plaintiff has shown good cause for a continuation of the TRO. Mailed notice (ef, ) |
| Filing 25 REPLY by Citadel Securities Americas Services LLC to MOTION by Plaintiff Citadel Securities Americas Services LLC for extension of time of the Temporary Restraining Order against Defendant Vincent Prieur #23 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hoeflich, Adam) |
| Filing 24 RESPONSE by Vincent Prieurin Opposition to MOTION by Plaintiff Citadel Securities Americas Services LLC for extension of time of the Temporary Restraining Order against Defendant Vincent Prieur #23 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Tarnow, William) |
| Filing 23 MOTION by Plaintiff Citadel Securities Americas Services LLC for extension of time of the Temporary Restraining Order against Defendant Vincent Prieur (Hoeflich, Adam) |
| Filing 26 MINUTE entry before the Honorable John F. Kness: In-person status hearing held on 10/6/2022. Mailed notice (ef, ) |
| Filing 22 ATTORNEY Appearance for Plaintiff Citadel Securities Americas Services LLC by Daniel D Rubinstein (Rubinstein, Daniel) |
| Filing 21 TRANSCRIPT OF PROCEEDINGS held on 9/30/22 before the Honorable John F. Kness. Order Number: 44256, 44257. Court Reporter Contact Information: Nancy LaBella, nlabella.ilnd@gmail.com, 312-435-6890. 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 10/27/2022. Redacted Transcript Deadline set for 11/7/2022. Release of Transcript Restriction set for 1/4/2023. (Labella, Nancy) |
| Filing 20 Temporary Restraining Order Bond by Citadel Securities Americas Services LLC (Attachments: #1 Exhibit 1)(Lee, Christopher) |
| Filing 19 TEMPORARY Restraining Order Signed by the Honorable John F. Kness on 9/30/2022.Mailed notice(mjc, ) |
| Filing 18 MINUTE entry before the Honorable John F. Kness: Telephone hearing held on 9/30/2022. The Court addressed the language of the proposed TRO, as well as the bond amount. For the reasons stated on the record, Plaintiff shall submit a clean copy of the proposed TRO edits that was made on the record, along with the redline copy to the Court's proposed order mailbox, Proposed_Order_Kness@ilnd.uscourts.gov by the close of business on today, 9/30/2022. An in-person hearing is set for 10/6/2022 at 10:00 AM. Mailed notice (mjc, ) |
| Filing 17 TRANSCRIPT OF PROCEEDINGS held on 9-28-22 before the Honorable John F. Kness. Motion Hearing. Court Reporter Contact Information: Sandra M. Tennis 312-554-8244, Sandra_Tennis@ilnd.uscourts.gov. 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 10/20/2022. Redacted Transcript Deadline set for 10/31/2022. Release of Transcript Restriction set for 12/28/2022. (Mullin, Sandra) |
| Filing 16 MINUTE entry before the Honorable John F. Kness: In-person motion hearing held on 9/28/2022. Oral argument heard and additional evidence taken in open court. For the reasons stated on the record, the Court grants Plaintiff's motion for temporary restraining order #10 . Counsel for both sides must confer on the language of a proposed TRO, as well whether a bond is required and, if so, the amount of that bond. A continued hearing is set for 9/30/2022 at 09:30 AM. In advance of the 9/30 hearing, counsel for Plaintiff must submit a MS Word version of the proposed Temporary Restraining Order to the Court's proposed order mailbox, Proposed_Order_Kness@ilnd.uscourts.gov. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Filing 15 MINUTE entry before the Honorable John F. Kness: Defendant has filed a response to Plaintiff's motion seeking a temporary restraining order. Neither party may file any further written submissions either in support of or opposition to the motion for a TRO. Counsel should be prepared to offer substantive argument at the hearing set for 9/28/2022. Mailed notice (jk) |
| Filing 14 RESPONSE by Vincent Prieurin Opposition to MOTION by Plaintiff Citadel Securities Americas Services LLC for temporary restraining order #10 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tarnow, William) |
| Filing 13 MINUTE entry before the Honorable John F. Kness: An in-person motion hearing on Plaintiff's motion for temporary restraining order #10 is set for 9/28/2022 at 03:00 PM. Mailed notice (ef, ) |
| Filing 12 MAILED Notice of Removal letter to counsel of record. (cxr, ) |
| 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. (cxr, ) |
| Filing 11 MINUTE entry before Judge John F. Kness: Plaintiff has filed a motion #10 for entry of a temporary restraining order (TRO) in this action that was removed yesterday from the Circuit Court of Cook County. Plaintiff filed the TRO motion on an emergency basis after normal business hours yesterday (9/23/2022) but nonetheless seeks a hearing on Monday 9/26/2022. An order setting a hearing on the TRO motion will be entered on Monday 9/26/2022, once the Court has had the opportunity to assess its calendar availability with Court staff. The TRO hearing will not be held on Monday 9/26/2022, but likely on Tuesday 9/27/2022 or Wednesday 9/28/2022. Any written response to the TRO motion must be filed on or before 6 p.m. on Monday 9/26/2022. Mailed notice (jk) |
| Filing 10 MOTION by Plaintiff Citadel Securities Americas Services LLC for temporary restraining order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hoeflich, Adam) |
| Filing 9 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Citadel Securities Americas Services LLC (Hoeflich, Adam) |
| Filing 8 ATTORNEY Appearance for Plaintiff Citadel Securities Americas Services LLC by Christopher Yeager Lee (Lee, Christopher) |
| Filing 7 ATTORNEY Appearance for Plaintiff Citadel Securities Americas Services LLC by Adam L. Hoeflich (Hoeflich, Adam) |
| Filing 6 ATTORNEY Appearance for Defendant Vincent Prieur by Kathleen Elise Okon (Linked document has the incorrect case number) (Okon, Kathleen) Modified on 9/26/2022 (cxr, ). |
| Filing 5 ATTORNEY Appearance for Defendant Vincent Prieur by Alissa Jean Griffin (Linked document has the incorrect case number) (Griffin, Alissa) Modified on 9/26/2022 (cxr, ). |
| Filing 4 ATTORNEY Appearance for Defendant Vincent Prieur by Chad W. Moeller (Linked document has the incorrect case number) (Moeller, Chad) Modified on 9/26/2022 (cxr, ). |
| Filing 3 ATTORNEY Appearance for Defendant Vincent Prieur by William John Tarnow (Linked document has the incorrect case number) (Tarnow, William) Modified on 9/26/2022 (cxr, ). |
| Filing 2 CIVIL Cover Sheet (Tarnow, William) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2022CH09197) filed by Vincent Prieur Filing fee $ 402, receipt number AILNDC-19870362. (Attachments: #1 Exhibit A, #2 Exhibit B)(Moeller, Chad) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (ey, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
