Small Business Finance Association v. Clothilde Hewlett
| SMALL BUSINESS FINAN SMALL BUSINESS FINANCE ASSOCIATION and Small Business Finance Association |
| CLOTHILDE HEWLETT, solely in her official capacity as Commissioner of the California Department of Financial Protection and Innovation and Clothilde Hewlett |
| 1:2023cv05469 |
| August 14, 2023 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Constitutional - State Statute |
| None |
Docket Report
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| Filing 12 MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the joint stipulation of dismissal #11 , this Court dismisses this action with prejudice. Civil case terminated. Mailed notice (ags) |
| Filing 11 STIPULATION of Dismissal Joint (Yoo, Rachel) |
| Filing 10 MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' joint status report (doc. #9 ), and with the parties now in agreement that the obligations under the subpoena that gave rise to this miscellaneous action have been satisfied so that the case should be dismissed, the magistrate judge terminates the referral and kindly directs the parties to file a joint stipulation of dismissal to give the district court a mechanism for dismissal. The magistrate judge commends the parties and their counsel on their collaboration in coming to a prompt resolution of this matter on a timetable consistent with the schedule in the underlying Central District of California action. Judge Honorable Gabriel A. Fuentes no longer referred to the case. Mailed notice. (lxk, ) |
| Filing 9 STATUS Report Joint by Clothilde Hewlett Presented before Magistrate Judge (Yoo, Rachel) |
| Filing 8 MINUTE entry before the Honorable Gabriel A. Fuentes: On review of the parties' status report of this date (doc. #7 ), the Court commends the parties on their apparently successful efforts to reach an agreed resolution to the Rewards subpoena that gave rise to this miscellaneous Rule 45 enforcement action. The parties are kindly requested to provide the presiding judge in the underlying action in the Central District of California with a brief written progress report consistent with today's status report. As for the motion to compel in this district (doc. #1 ), the motion remains entered and continued pending confirmation of compliance and of the resolution of the subpoena in full. The parties are directed to file a further joint status report on that issue no later than 5 p.m. Chicago time on 9/12/23. If the parties agree at that time that this miscellaneous action should be dismissed at that time, they include an appropriate stipulation to that effect in their report. Mailed notice. (lxk, ) |
| Filing 7 STATUS Report Joint by Clothilde Hewlett Presented before Magistrate Judge (Yoo, Rachel) |
| Filing 6 MINUTE entry before the Honorable Gabriel A. Fuentes: Telephonic and in-person status hearing held concerning the defendant's motion to compel in the miscellaneous action (doc. #1 ) before the magistrate judge on referral (doc. #3 ). The parties reported on their ongoing but inchoate discussions under Local Rule 37.2 to resolve this discovery dispute, and the substantial progress they have made. The parties also reported on the underlying case in the Central District of California, including the recent judicial rulings on the motions to compel and to continue the trial continuance rulings (docket entries 48 and 50 in that case, respectively). The magistrate judge took note of the 12/12/23 trial date and 9/13/23 fact discovery cutoff date in the underlying case and noted that the situation calls for the undersigned magistrate judge to exercise his broad discretion over discovery management to achieve a prompt resolution of the discovery dispute in this miscellaneous action as to third-party Rewards Network. See Fed. R. Civ. P. 1; Jones v. City of Elkhart, Ind., 737 F.3d 1107, 1115 (7th Cir. 2013). With that goal in mind, the Court stated on the record that it would set a continued telephonic hearing for 9 a.m. Chicago time on 9/1/23 to allow completion of further Local Rule 37.2 discussions and for ruling. Since today's hearing, however, the 9/1/23 hearing time has become unavailable, and counsel for the parties indicated their lack of availability later that day. Accordingly, and with high expectations for an agreed resolution, the Court orders a joint written status report to be filed by the defendant Department (Commissioner) and Rewards by noon on 9/1/23, setting forth either a report on the parties' agreement as to the motion to compel Rewards to produce documents, and/or the points on which any disagreement remains, in which event the Court will set a prompt hearing for oral argument during the week of 9/5/23. Mailed notice. (lxk, ) |
| Filing 5 ATTORNEY Appearance for Objector Rewards Network Establishment, Inc. by John C. Ellis (Ellis, John) |
| Filing 4 MINUTE entry before the Honorable Gabriel A. Fuentes: This matter having been referred to the magistrate judge for discovery supervision (doc. #3 ), which includes management of the litigation of the motion to compel that is at the core of this miscellaneous action (doc. #1 ), the Court schedules an initial status hearing with all parties who have appeared in this matter (Hewitt, at this point) and all parties or non-parties who seek to appear in this matter (likely SBFA and Rewards, at this point), for 10 a.m. Chicago time on 8/30/23 in Courtroom 1838 of the Dirksen U.S. Courthouse. Leave is granted, upon notice to the courtroom deputy, for any party or nonparty to appear telephonically. Any parties or nonparties appearing at this hearing should be prepared to argue orally for or against the motion. The Court will then determine whether further briefing or argument is necessary. To the extent any parties or nonparties wish to file their appearances and pro hac vice motions in advance of the status hearing (including SBFA and Rewards), they are granted leave to do so. The parties are further directed to review the Court's Standing Order for Civil Cases Before Magistrate Judge Fuentes, available on the Court's website. The dial-in number is 1-888-684-8852, using access code 2006804. 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. Counsel for Hewitt are ordered to serve this order immediately upon counsel of record for SBFA in the California federal action, and upon in-house counsel and litigation counsel for Rewards as identified in the exhibit(s) filed with the motion to compel. Mailed notice. (lxk, ) |
| Filing 3 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Gabriel A. Fuentes for the purpose of holding proceedings related to: discovery supervision. (dm, )Mailed notice. |
| Filing 2 CERTIFICATE of Service by Defendant Clothilde Hewlett to Rewards Network (Yoo, Rachel) |
| Filing 1 MISCELLANEOUS CASE by CLOTHILDE HEWLETT, solely in her official capacity as Commissioner of the California Department of Financial Protection and Innovation Defendants Motion to Compel Third Party Rewards Network to Comply wit the Subpoena to Produce Documents Filing fee $ 49, receipt number AILNDC-20926674. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Rachel Yoo in Support of Defendant's Motion to Compel Compliance with Third Party Subpoena)(Lam, Caroline) (Docket Text modified by Clerk's Office) Modified on 8/15/2023 (rc, ). |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. Case assignment: Random assignment. (jcm) |
| 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. (jcm) |
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| Plaintiff: SMALL BUSINESS FINAN SMALL BUSINESS FINANCE ASSOCIATION | |
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| Plaintiff: Small Business Finance Association | |
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| Defendant: CLOTHILDE HEWLETT, solely in her official capacity as Commissioner of the California Department of Financial Protection and Innovation | |
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| Defendant: Clothilde Hewlett | |
| Represented By: | Caroline C. Lam |
| Represented By: | Rachel Yoo |
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