NEXTRAQ, LLC v. OMNITRACS, LLC
| NEXTRAQ, LLC |
| OMNITRACS, LLC |
| 1:2022cv06720 |
| December 1, 2022 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on January 28, 2023. A more recent docket listing may be available from PACER.
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Filing 29
MINUTE entry before the Honorable Matthew F. Kennelly: Count 2 of plaintiff's complaint is voluntarily dismissed without prejudice; defendant's motion to dismiss Count 2 is terminated as moot. The motion hearing set for 1/30/2023 at 9:10 AM is vacated but is converted to a telephonic status hearing at that same time and date for the purpose of setting a discovery and pretrial schedule, using call-in number 888-684-8852, access code 746-1053. (mk)
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Filing 28
NOTICE of Voluntary Dismissal by NEXTRAQ, LLC Notice of Voluntary Dismissal of Count II without Prejudic (Herzog, Peter)
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Filing 27
MINUTE entry before the Honorable Matthew F. Kennelly: The case is set for a telephonic hearing on defendant's motion to dismiss count 2 on 1/30/2023 at 9:10 AM, using call-in number 888-684-8852, access code 746-1053. The Court notes that defendant is likely correct that count 2, which simply seeks injunctive relief based on the claim asserted in count 1, likely is not a separate claim for relief. Plaintiff should consider voluntarily dismissing count 2 without prejudice. (mk)
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Filing 26
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant OMNITRACS, LLC (Partial) (Wieber, Sean)
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Filing 25
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 1/3/2023. Defendant is given until 1/25/2023 to file the response to the complaint. Rule 26(a)(1) disclosures are to be made by 2/8/2023. The parties are directed to file a joint status report that shall include a proposed discovery and pretrial schedule by 2/17/2023. A telephonic status hearing is set for 2/22/2023 at 9:10 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. (mma, )
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Filing 24
STATUS Report (Joint) by OMNITRACS, LLC (Wieber, Sean)
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Filing 23
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, )
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Filing 22
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 12/22/2022: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants in part NexTraq LLC's motion for a preliminary injunction against Omnitracs LLC. The Court enjoins Omnitracs LLC, and anyone affiliated or acting in concert with it, through February 15, 2023, from ceasing to perform its contract with NexTraq LLC. The case is set for a telephonic status hearing on January 3, 2023 at 8:40 a.m., using call-in number 888-684-8852, conference code 746-1053. A joint status report is to be filed on December 30, 2022. (mk)
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Filing 21
MINUTE entry before the Honorable Matthew F. Kennelly: In person motion hearing held on 12/15/2022. Oral argument heard on the plaintiff's motion for preliminary injunction. Plaintiff's motion for preliminary injunction is taken under advisement. Defendant's oral motion for an extension of time is granted. Defendant is given an extension of 21 days to respond to the complaint. Mailed notice. (mma, )
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Filing 20
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 12/8/2022. Plaintiff's motion for expedited discovery #16 is denied as to the reasons stated more fully on the record. In person oral argument hearing on the motion for preliminary injunction is set for 12/15/2022 at 1:45 p.m. The hearing will be held in Courtroom 2103. Mailed notice. (mma, )
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Filing 19
MEMORANDUM Plaintiff's Reply Memorandum in Support of its Motion for Temporary Restraining Order and Preliminary Injunction (Attachments: #1 Declaration Declaration of Anderson Abernathy in Support of NexTraq, LLC's Motion for a Temporary Restraining Order and Preliminary Injunction)(Herzog, Peter)
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Filing 18
Response in Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by OMNITRACS, LLC (Attachments: #1 Declaration of Matt Smith)(Wieber, Sean)
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Filing 17
MINUTE entry before the Honorable Matthew F. Kennelly: This case is set for a telephonic status hearing on 12/8/2022 at 8:50 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. 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. (mma, )
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Filing 16
MOTION by Plaintiff NEXTRAQ, LLC for discovery Motion for Leave to Conduct Expedited Discovery (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Herzog, Peter)
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Filing 15
ATTORNEY Appearance for Defendant OMNITRACS, LLC by Patrick Robert O'meara (O'meara, Patrick)
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Filing 14
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by NEXTRAQ, LLC (Herzog, Peter)
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Filing 13
MAILED Notice of Removal letter to counsel of record. (aee, )
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Filing 12
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by OMNITRACS, LLC (Wieber, Sean)
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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. (aee, )
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Filing 11
MINUTE entry before the Honorable Mary M. Rowland: The Court has reviewed the filings in this case. This a putative class action, removed from state court, alleging breach of contract by Omnitracs. Both parties' filings show that Omnitracs is delaying the date on which it intends to terminate Electronic Logging Device (ELD) services until December 31, 2022. Therefore an emergency hearing tomorrow is not necessary and Plaintiff's motion for an emergency hearing on 12/2/22 #7 is denied. The Court strikes the hearing set for 12/2/22. Instead, this Court orders expedited briefing as follows: Defendant's response brief to Plaintiff's motion for TRO is due 12/5/22. Plaintiff's reply brief is due 12/7/22. Parties should contact the chambers of the assigned judge after 12/8/22 to determine whether a hearing will be set. Mailed notice. (dm, )
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Filing 10
RESPONSE by OMNITRACS, LLCin Opposition to MOTION by Plaintiff NEXTRAQ, LLC for hearing Motion for Emergency Hearing #7 (Wieber, Sean)
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Filing 9
NOTICE of Motion by Peter W. Herzog, III for presentment of motion for hearing #7 before Honorable Mary M. Rowland on 12/2/2022 at 01:00 PM. (Herzog, Peter)
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Filing 8
ATTORNEY Appearance for Plaintiff NEXTRAQ, LLC by Joseph P. Carlasare (Carlasare, Joseph)
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Filing 7
MOTION by Plaintiff NEXTRAQ, LLC for hearing Motion for Emergency Hearing (Herzog, Peter)
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Filing 6
NOTICE by NEXTRAQ, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Herzog, Peter)
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Filing 5
ATTORNEY Appearance for Plaintiff NEXTRAQ, LLC by Peter W. Herzog, III (Herzog, Peter)
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Filing 4
ATTORNEY Appearance for Defendant OMNITRACS, LLC by Kevin Paul Simpson (Simpson, Kevin)
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Filing 3
ATTORNEY Appearance for Defendant OMNITRACS, LLC by Sean Gerald Wieber (Wieber, Sean)
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Filing 2
CIVIL Cover Sheet (Wieber, Sean)
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Filing 1
NOTICE of Removal from Circuit Court of DuPage County, case number (2022CH000232) filed by OMNITRACS, LLC Filing fee $ 402, receipt number AILNDC-20095266. (Attachments: #1 Exhibit A)(Wieber, Sean)
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (khg, )
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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. (khg, )
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| Plaintiff: NEXTRAQ, LLC | |
| Represented By: | Peter W. Herzog, III |
| Represented By: | Joseph P. Carlasare |
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| Defendant: OMNITRACS, LLC | |
| Represented By: | Sean Gerald Wieber |
| Represented By: | Kevin Paul Simpson |
| Represented By: | Patrick Robert O'meara |
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