Nasserallah et al v Trojan
| Ilhab Nasserallah and Ahmad M. Alkhatib |
| Richard Trojan |
| 1:2023cv13848 |
| September 18, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Contract: Insurance |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| None |
Docket Report
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This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 21 MINUTE entry before the Honorable Nancy L. Maldonado: Motion hearing held on 11/15/2023 via WebEx. Plaintiff's motion for remand #11 is entered and continued. Defendant has obtained new defense counsel and attorneys Matthew Wood and David Radkin's motion to withdraw #15 is granted. As discussed on the record, the parties have reached an agreement to remand this case back to state court. The parties, however, requested additional time to discuss the issue of attorneys' fees and costs associated with the remand motion. The parties should meet and confer about fees and costs associated with the remand motion and file a joint status report by 11/22/23 updating the Court on whether the parties were able to come to an agreement regarding this issue or whether briefing is necessary. (ca, ) |
| Filing 20 ATTORNEY Appearance for Defendant Richard Trojan by John Henry Wickert (Wickert, John) |
| Filing 19 ATTORNEY Appearance for Defendant Richard Trojan by Anthony DiVincenzo (DiVincenzo, Anthony) |
| Filing 18 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of Defendant's motion for an extension of time to file an answer #17 . Though opposed, the Court finds an extension is warranted so that incoming counsel for Defendant Trojan, whose appearance is due tomorrow, 11/7/23, may respond to this complaint. Defendant's answer is now due 11/21/23. (ca, ) |
| Filing 17 MOTION by Defendant Richard Trojan for extension of time to file answer regarding notice of removal #1 (Wood, Matthew) |
| Filing 16 MINUTE entry before the Honorable Nancy L. Maldonado: Motion to Withdraw as Attorney hearing held on 10/24/2023 via Webex. For the reasons stated on the record, defense counsel's motion to withdraw as attorney #15 is entered and continued. The Court notes that defense counsel represented that he and his client are at an "impasse" on their approach to this litigation, which typically would be grounds for withdrawal. Before the Court considers granting any withdrawal, Defendant Richard Trojan should retain new counsel who should file an appearance by 11/07/23. Additionally, Plaintiff's Counsel expressed his intent to file a motion for sanctions pursuant to Fed. R. Civ. P. 11. The parties are directed to meet and confer and review Rule 11's requirements before proceeding with any motion for sanctions. In particular, the Court directs the parties' attention to the safe harbor provisions of Rule 11(c)(2), which require the movant to make any motion for sanctions separately and to give the non-movant the opportunity to withdraw or correct the challenged action. If Plaintiffs proceed with a Rule 11 motion for sanctions, the Court will allow Defendant Trojan and his defense counsel an opportunity to respond at that time. With respect to Plaintiffs' Motion for Remand, Plaintiffs may issue limited, written discovery on the citizenship of Defendant Trojan by 11/07/23. However, the Court directs the parties to discuss the possibility of reaching an agreement about a possible remand of this case before the next hearing, which would be in line with the spirit of Rule 11's safe harbor provision. Plaintiffs' Motion for Remand is reset for hearing on 11/15/23 at 10:00 a.m. via WebEx video conference and current and future counsel for Defendant Trojan are ordered to appear. The dial in number for the public is: 650-479-3207; Access code: 2305 306 9358. (ca, ) |
| Filing 15 MOTION by Attorney Matthew Wood; David Radkin to withdraw as attorney for Richard Trojan. New address information: Richard Trojan 5013 S Louise Ave #100, Sioux Falls, SD, 57108 (Attachments: #1 Exhibit Information Form, #2 Certificate of Service Certificate of Service)(Radkin, David) |
| Filing 14 MINUTE entry before the Honorable Nancy L. Maldonado: Defendant's unopposed motion for extension of time to answer or plead #13 is granted. Defendant shall file a responsive pleading by 11/3/23. (ca, ) |
| Filing 13 MOTION by Defendant Richard Trojan for extension of time to file answer (Wood, Matthew) |
| Filing 12 MINUTE entry before the Honorable Nancy L. Maldonado:Plaintiff's motion to remand #11 is set for hearing on 10/24/23 at 10:00 a.m. via WebEx video conference. The dial-in number for the public is 650-479-3207; the access code is 23031244654. The parties will receive a WebEx invitation by email. (ca, ) |
| Filing 11 MOTION by Plaintiffs Ahmad M. Alkhatib, Ilhab Nasserallah to remand (Partelow, John) |
| Filing 10 ATTORNEY Appearance for Defendant Richard Trojan by David Kleinrodick Radkin (Radkin, David) |
| Filing 9 ATTORNEY Appearance for Plaintiffs Ahmad M. Alkhatib, Ilhab Nasserallah by John Edwin Partelow (Partelow, John) |
| 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. (nsf, ) |
| Filing 8 MINUTE entry before the Honorable Nancy L. Maldonado: The Court grants Defendant's motion for an extension of time to answer the Complaint #5 . While Defendant represents that counsel for Plaintiffs in an underlying state court action objects to the extension, there is no appearance by counsel for Plaintiffs in this suit. Defendant requests an extension to file his answer by 10/20/23, which the Court grants given the claimed complexity of this case and counsel's representation that he was only recently retained to represent Defendants in this matter. (ca, ) |
| Filing 7 MAILED notice of removal letter to plaintiff's counsel. (nsf, ) |
| Filing 6 MINUTE entry before the Honorable Nancy L. Maldonado: A Rule 16 initial status hearing is set for 11/29/23 at 10:00 a.m. in Courtroom 1925. By 11/20/23, the parties shall file a joint Initial Status Report that complies with the Court's standing order, which can be found on the Court's website. Notices mailed. (psm, ) |
| Filing 5 MOTION by Defendant Richard Trojan for extension of time to file answer Complaint (removed) (Wood, Matthew) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (axk, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Richard Trojan by Matthew Adam Wood David K. Radkin (Wood, Matthew) |
| Filing 3 ATTORNEY Appearance for Plaintiff Richard Trojan by Matthew Adam Wood (Wood, Matthew) |
| Filing 2 CIVIL Cover Sheet (Wood, Matthew) |
| Filing 1 NOTICE of Removal from Will County, case number (2023CH000141) filed by Richard Trojan Filing fee $ 402, receipt number AILNDC-21101623. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit)(Wood, Matthew) |
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