Benjamin et al v. Gusar LLC et al
| Kalman Michael Benjamin and Rivka Benjamin |
| Gusar LLC, Vaxxen Labs Incorporated, MedLab International, Inc., Amazon.Com Services, LLC f/k/a Amazon.Com LLC and Amazon.Com, Inc. |
| 1:2022cv07127 |
| December 19, 2022 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Defendant |
Docket Report
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This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 51 CERTIFICATE of Service by Emily Craven on behalf of Amazon.Com Services, LLC f/k/a Amazon.Com LLC, Amazon.Com, Inc. (Craven, Emily) |
| Filing 50 Affirmative Defenses and ANSWER to Crossclaim by Gusar LLC(McGrath, Alastar) |
| Filing 49 CERTIFICATE of Service by Alastar Sean McGrath on behalf of Gusar LLC (McGrath, Alastar) |
| Filing 48 CERTIFICATE of Service by Jason C Novak on behalf of MedLab International, Inc., Vaxxen Labs Incorporated (Novak, Jason) |
| Filing 47 CERTIFICATE of Service of Plaintiffs' Initial Rule 26(a)(1) Disclosures by Thomas G. Siracusa on behalf of Kalman Michael Benjamin, Rivka Benjamin (Siracusa, Thomas) |
| Filing 46 AGREED CONFIDENTIALITY ORDER. Signed by the Honorable Andrea R. Wood on 2/13/2023. Mailed notice (lma, ) |
| Filing 45 MINUTE entry before the Honorable Andrea R. Wood: The parties' agreed motion for entry of agreed confidentiality order #42 is granted. Enter Order. Telephonic motion hearing set for 2/14/2023 is stricken; parties need not appear. Mailed notice (lma, ) |
| Filing 44 MINUTE entry before the Honorable Andrea R. Wood: The parties' agreed motion for entry of agreed confidentiality order #42 is set for a telephonic hearing on 2/14/2023 at 9:30 AM. If the Court determines that a ruling can be made on the motion without the hearing, an order will be entered prior to the date striking the hearing. 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) 5578511 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 43 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing held on 2/1/2023. For the reasons stated on the record, Defendant/Crossclaim Defendant Gusar, LLC shall answer or otherwise respond to Defendants/Crossclaim Plaintiffs Vaxxen Labs Incorporated, MedLab International, Inc.'s Crossclaim Complaint by 2/21/2023. The Court enters the following case schedule. The parties shall serve Fed. R. Civ. P. 26(a)(1) initial disclosures by 2/14/2023. Written discovery to be issued 4/1/2023. Fact discovery shall be completed by 4/6/2024. Plaintiff's expert disclosures shall be made by 5/20/2024. Defendants' expert disclosures shall be made by 7/19/2024. All discovery, including expert discovery, shall be completed by 9/30/2024. Dispositive motions shall be filed by 10/25/2024. By 5/1/2023, the parties shall file a joint status report setting forth: (1) the current status of discovery, including what progress has been made, whether the parties are aware of any discovery disputes that will require the Court's involvement, and whether the parties are aware of any reason why they will not be able to complete fact discovery by the 4/6/2024 deadline; (2) the parties' views regarding prospects for settlement and whether the parties request a referral to the magistrate judge for a settlement conference; and (3) whether the parties require a telephonic status hearing and, if so, what matters the parties feel it would be helpful to discuss with the Court. Mailed notice (lma, ) |
| Filing 42 MOTION by Defendants Amazon.Com Services, LLC f/k/a Amazon.Com LLC, Amazon.Com, Inc. for protective order Agreed Confidentiality Order (Attachments: #1 Exhibit 1)(Craven, Emily) |
| Filing 41 CROSSCLAIM by Vaxxen Labs Incorporated, MedLab International, Inc. against Gusar LLC .(McGrath, Daniel) |
| Filing 40 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MedLab International, Inc., Vaxxen Labs Incorporated (McGrath, Daniel) |
| Filing 39 ANSWER to Complaint and Affirmative Defenses by MedLab International, Inc.(McGrath, Daniel) |
| Filing 38 ANSWER to Complaint and Affirmative Defenses by Vaxxen Labs Incorporated(McGrath, Daniel) |
| Filing 37 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status hearing set for 2/1/2023 is stricken and reset for 2/1/2023 at 9:00 AM. (TIME CHANGE ONLY) 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 36 STATUS Report Initial by Amazon.Com Services, LLC f/k/a Amazon.Com LLC, Amazon.Com, Inc. (Craven, Emily) |
| Filing 35 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Gusar LLC (McGrath, Alastar) |
| Filing 34 MINUTE entry before the Honorable Andrea R. Wood: Defendants MedLab International, Inc., Vaxxen Labs Incorporated's agreed and unopposed motion for extension of time to answer or otherwise plead to Plaintiffs' complaint #33 is granted. Defendants MedLab International, Inc., Vaxxen Labs Incorporated shall answer or otherwise respond by 1/31/2023. Mailed notice (lma, ) |
| Filing 33 MOTION by Defendants MedLab International, Inc., Vaxxen Labs Incorporated for extension of time to file answer (Novak, Jason) |
| Filing 32 AMENDED ANSWER to Complaint by Gusar LLC(McGrath, Alastar) |
| Filing 31 Affirmative Defenses and ANSWER to Complaint by Gusar LLC(McGrath, Alastar) |
| Filing 30 ATTORNEY Appearance for Defendants Amazon.Com Services, LLC f/k/a Amazon.Com LLC, Amazon.Com, Inc. by Emily Craven (Craven, Emily) |
| Filing 29 ATTORNEY Appearance for Defendants MedLab International, Inc., Vaxxen Labs Incorporated by Olivia O Paxinos (Paxinos, Olivia) |
| Filing 28 ATTORNEY Appearance for Defendants MedLab International, Inc., Vaxxen Labs Incorporated by Jason C Novak (Novak, Jason) |
| Filing 27 ATTORNEY Appearance for Defendants MedLab International, Inc., Vaxxen Labs Incorporated by Daniel William McGrath (McGrath, Daniel) |
| Filing 26 MINUTE entry before the Honorable Andrea R. Wood: Joint motion for leave to substitute counsel under Local Rule 83.17 for Defendant Vaxxen Labs Incorporated and Medlab International, Inc. #24 is granted. The Clerk shall terminate the appearance of Attorneys Sarah Kathleen Dunkley and Rashimi Dilip Shivnan. Attorneys Daniel W. McGrath, Jason Novak, and Olivia Paxinos are substituted as counsel for Defendant Vaxxen Labs Incorporated and Medlab International, Inc. Mailed notice (lma, ) |
| Filing 25 Joint NOTICE of Motion by Daniel William McGrath for presentment of motion to substitute attorney #24 before Honorable Andrea R. Wood on 1/17/2023 at 09:00 AM. (McGrath, Daniel) |
| Filing 24 MOTION by Defendants MedLab International, Inc., Vaxxen Labs Incorporated to substitute attorney Joint (McGrath, Daniel) |
| Filing 23 ATTORNEY Appearance for Defendants MedLab International, Inc., Vaxxen Labs Incorporated by Rashmi Dilip Shivnani (Shivnani, Rashmi) |
| Filing 22 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 21 ATTORNEY Appearance for Defendant Gusar LLC by Mary T Yong (Yong, Mary) |
| Filing 20 Consent to Removal to Federal Court by MedLab International, Inc. (Dunkley, Sarah) |
| Filing 19 Consent to Removal to Federal Court by Vaxxen Labs Incorporated (Dunkley, Sarah) |
| Filing 18 ATTORNEY Appearance for Defendants MedLab International, Inc., Vaxxen Labs Incorporated by Sarah Kathleen Dunkley (Dunkley, Sarah) |
| Filing 17 ATTORNEY Appearance for Plaintiffs Kalman Michael Benjamin, Rivka Benjamin by Joseph A. Power, Jr (Power, Joseph) |
| Filing 16 MINUTE entry before the Honorable Andrea R. Wood: Defendant Gusar LLC's motion for an extension of time to answer or otherwise plead pursuant to Federal Rule of Civil Procedure 6(b)(1)(A) #13 is granted. Defendant Gusar LLC shall have until 1/16/2023 to answer or otherwise plead. Mailed notice (aw,) |
| Filing 15 Consent to Removal by Gusar LLC (McGrath, Alastar) |
| Filing 14 MOTION by Defendant Gusar LLC to approve consent judgment (McGrath, Alastar) Modified on 12/28/2022 (jn, ). |
| Filing 13 MOTION by Defendant Gusar LLC for extension of time , MOTION by Defendant Gusar LLC for extension of time to file answer (McGrath, Alastar) |
| Filing 12 ATTORNEY Appearance for Plaintiffs Kalman Michael Benjamin, Rivka Benjamin by Joseph A. Power, Jr (Power, Joseph) |
| Filing 11 ANSWER to Complaint and Additional Defenses by Amazon.Com Services, LLC f/k/a Amazon.Com LLC, Amazon.Com, Inc.(Sommers, Jillian) |
| Filing 10 MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 2/1/2023 at 9:45 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. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (lma, ) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Kalman Michael Benjamin, Rivka Benjamin by Thomas G. Siracusa (Siracusa, Thomas) |
| Filing 8 ATTORNEY Appearance for Defendant Gusar LLC by Alastar Sean McGrath (McGrath, Alastar) |
| Filing 7 ATTORNEY Appearance for Defendant Gusar LLC by Alastar Sean McGrath (McGrath, Alastar) |
| Filing 6 MAILED Notice of Removal letter to counsel of record. (kl, ) |
| Filing 5 ATTORNEY Appearance for Defendants Amazon.Com Services, LLC f/k/a Amazon.Com LLC, Amazon.Com, Inc. by Kathryn Ann Campbell (Campbell, Kathryn) |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Amazon.Com Services, LLC f/k/a Amazon.Com LLC, Amazon.Com, Inc. (Sommers, Jillian) |
| Filing 3 CIVIL Cover Sheet (Sommers, Jillian) |
| Filing 2 ATTORNEY Appearance for Defendants Amazon.Com Services, LLC f/k/a Amazon.Com LLC, Amazon.Com, Inc. by Jillian Brett Sommers (Sommers, Jillian) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (22L010364) filed by Amazon.Com Services, LLC f/k/a Amazon.Com LLC, Amazon.Com, Inc. Filing fee $ 402, receipt number AILNDC-20152272. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Sommers, Jillian) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Sunil R Harjani. Case assignment: Random assignment. (jb, ) |
| 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. (jb, ) |
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