Sauganash Reserve LLC v. First American Title Insurance Company
| Sauganash Reserve LLC |
| First American Title Insurance Company |
| 1:2023cv00071 |
| January 5, 2023 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Contract: Insurance |
| 28 U.S.C. ยง 1441 Petition for Removal- Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 13 MINUTE entry before the Honorable Edmond E. Chang: On the extension motion, the Court did misapprehend the basis for the parties' prior request for a stay. Given the settlement efforts, the schedule is adjusted as follows: first, rather than extend the response brief deadline to four months after the dismissal motion's filing, the motion #6 to dismiss is terminated without prejudice to refiling the motion if the encroachment is not resolved and settlement efforts are unsuccessful. Second, the parties shall file a status report on 04/28/2023, reporting on the progress of the settlement efforts. If settlement efforts appear to be unsuccessful as of the filing of the report, then the parties shall propose whether an amended complaint is required (given whatever facts might have changed or been mooted in the interim), and if so, the filing deadlines for the amended complaint and response; or, if not, the proposed briefing schedule on the to-be-refiled dismissal motion. The tracking status hearing of 04/21/2023 is reset to 05/05/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 12 MOTION by Plaintiff Sauganash Reserve LLC for extension of time to file response/reply as to status report #9 , terminate hearings,,, set motion and R&R deadlines/hearings,, #8 , Motion to Dismiss for Failure to State a Claim #6 , terminate hearings,, set/reset hearings, #10 (Schwartz, Robert) |
| Filing 11 ATTORNEY Appearance for Plaintiff Sauganash Reserve LLC by Robert S. Schwartz (Schwartz, Robert) |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: On review of the status report, R. 9, the parties jointly ask to stay discovery during the pendency of the dismissal motion. The request is granted, and the briefing will continue. The tracking status hearing of 02/03/2023 is reset to 04/21/2023 at 8:30 a.m., but to track the case only (no appearance is required, the case will not be called). Emailed notice (mw, ) |
| Filing 9 STATUS Report by First American Title Insurance Company (Lettiere, Melissa) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang: On the Defendant's motion to dismiss #6 , the Plaintiff's response is due on 02/06/2023. The defense reply is due on 02/21/2023. The status-report deadline and tracking status remain in place. In the status report, the parties shall state and explain their positions on whether discovery should start during the pendency of the dismissal motion. The Court notes that, under the operative Sixth Amended General Order 21-0027, Local Rule 5.3(b) is suspended, so motions should not be noticed for presentment. Noticed motion date of 01/19/2023 is terminated. Emailed notice (mw, ) |
| Filing 7 NOTICE of Motion by Melissa J. Lettiere for presentment of Motion to Dismiss for Failure to State a Claim #6 before Honorable Edmond E. Chang on 1/19/2023 at 08:30 AM. (Lettiere, Melissa) |
| Filing 6 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant First American Title Insurance Company (Lettiere, Melissa) |
| Filing 5 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 02/03/2023 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 01/26/2023. Plaintiff must still file the report even if Defendant has not responded to requests to craft a joint report. If Defendant has not been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel ( must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) |
| Filing 4 ATTORNEY Appearance for Defendant First American Title Insurance Company by Melissa J. Lettiere (Lettiere, Melissa) |
| 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. (daj, ) |
| MAILED Notice of Removal letter to counsel of record. (daj, ) |
| Filing 3 ATTORNEY Appearance for Defendant First American Title Insurance Company by John F. Sullivan (Sullivan, John) |
| Filing 2 CIVIL Cover Sheet (Sullivan, John) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2022L004887) filed by First American Title Insurance Company Filing fee $ 402, receipt number AILNDC-20206278. (Attachments: #1 Exhibit EX 1 - State Court Files, #2 Exhibit EX 2 Agreement, #3 Exhibit EX 3 Certificate of Good Standing)(Sullivan, John) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (mbh, ) |
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| Plaintiff: Sauganash Reserve LLC | |
| Represented By: | Ira Irving Piltz |
| Represented By: | Robert S. Schwartz |
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| Defendant: First American Title Insurance Company | |
| Represented By: | John F. Sullivan |
| Represented By: | Melissa J. Lettiere |
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