Nails and Staples, Inc. v. Travelers Casualty & Surety Co. of America et al
| Nails and Staples, Inc. The United States of America for the Use and Benefit of Nails and Staples, Inc. doing business as Express Interiors |
| Direct Steel, LLC and Travelers Casualty & Surety Co. of America |
| Direct Steel, LLC |
| Nails and Staples, Inc. |
| 1:2024cv07665 |
| August 26, 2024 |
| US District Court for the Northern District of Illinois |
| Jeannice W Appenteng |
| Joan B Gottschall |
| Contract: Miller Act |
| Miller Act |
| None |
Docket Report
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This docket was last retrieved on October 22, 2024. A more recent docket listing may be available from PACER.
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| Filing 59 MINUTE entry before the Honorable Jeannice W. Appenteng: The Court has reviewed the parties' pre-conference settlement letters. Off-the-record telephone conference is set for 10/28/2024 at 10:00 a.m. The dial-in information will be provided to the parties prior to the call. The 10/7/2024 tracking status hearing is stricken. Mailed notice. (kl, ) |
| Filing 58 MINUTE entry before the Honorable Joan B. Gottschall: The motion #56 of defendant Travelers Casualty & Surety Co. of America for leave to withdraw the appearances of attorneys Jason Kipness and Paul Murphy on its behalf is granted. Mailed notice (mjc, ) |
| Filing 57 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Ieshia J. Dunmore's motion to appear pro hac vice #55 on behalf of the plaintiff is granted. Mailed notice (mjc, ) |
| Filing 56 MOTION by Attorney Jason Kipness, Paul Murphy to withdraw as attorney for Travelers Casualty & Surety Co. of America. No party information provided Presented before District Judge (Donnelly, Patrick) |
| Filing 55 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22487550. Presented before District Judge (Dunmore, Ieshia) |
| Filing 54 Original ANSWER to Complaint Direct Steel's Amended Counterclaim by Nails and Staples, Inc.(Kudisch, Elliot) |
| Filing 53 MINUTE entry before the Honorable Jeannice W. Appenteng: This case has been referred to Magistrate Judge Appenteng for discovery supervision and a settlement conference #52 . The Court has reviewed the parties' joint status report #46 and sets the following schedule: (1) written discovery shall be issued by 10/11/2024; and (2) responses to initial written discovery shall be served by 11/12/2024. The Court will set the close of fact discovery and any expert discovery schedule at a later date. Further, this case has been referred for discovery supervision and settlement; any deadlines to file an answer or amend the pleadings must be set by the District Judge. The parties also expressed interest in a settlement conference. Prior to scheduling a settlement conference, the parties shall exchange pre-conference settlement letters. The required content of these letters can be found in the Court's Standing Order on Settlement Conferences, which is located on Judge Appenteng's webpage. Plaintiff's letter is due to defendant by 9/23/2024. Defendant's letter is due to plaintiff by 10/3/2024. Each party shall email a copy of its letter to the Court at Settlement_Correspondence_Appenteng@ilnd.uscourts.gov on the same day that it is provided to the opposing party. After considering the parties' settlement positions, Chambers staff will contact the parties with available dates for a full settlement conference or a preliminary attorneys-only conference. Tracking status hearing set for 10/7/2024 at 8:30 a.m. for tracking purposes only (no appearance is required; the case will not be called). Mailed notice. (kl, ) |
| Filing 52 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeannice W. Appenteng for the purpose of holding proceedings related to: discovery supervision and settlement conference.(mjc, )Mailed notice. |
| Filing 51 MINUTE entry before the Honorable Joan B. Gottschall: The parties report #46 that they have exchanged initial disclosures, Fed. R. Civ. P. 26(a)(1)(A), and propose a discovery schedule for the next 60 days. They also represent that they are agreeable to a settlement conference with the magistrate judge. Consistent with its standard practice, the court refers this case to the designated magistrate judge for discovery supervision and a settlement conference. The court leaves the parties' proposed discovery schedule #46 to the magistrate judge for a ruling, and the magistrate judge has full authority to set and adjust discovery deadlines. A further date or deadline will be set before the district judge upon termination of the referral. Mailed notice (mjc, ) |
| Filing 50 MINUTE entry before the Honorable Joan B. Gottschall: On page four of their most recent status report #46 , the parties represent that "There are no pending motions." The docket sheet reflects that no ruling has issued on defendants' joint motion #28 to dismiss the first amended complaint. However, on 7/29/2024, plaintiff filed a second amended complaint #33 in lieu of responding to defendants' motion to dismiss the first amended complaint, and defendants subsequently answered (Doc. Nos. #36 , #37 ) the second amended complaint. In view of this procedural history and the parties' representation that no motions are pending, defendants' motion #28 to dismiss the first amended complaint is denied as moot.Mailed notice (mjc, ) |
| Filing 49 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Elliot J Kudisch's motion to appear pro hac vice #48 on behalf of the plaintiff is granted. Mailed notice (mjc, ) |
| Filing 48 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-22463033. (Kudisch, Elliot) |
| Filing 47 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Direct Steel, LLC (Woods, Kendall) |
| Filing 46 STATUS Report Joint Status Report by Direct Steel, LLC (Woods, Kendall) |
| Filing 45 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Nails and Staples, Inc. (Kozlowski, Michael) |
| Filing 44 ATTORNEY Appearance for Defendant Travelers Casualty & Surety Co. of America by Patrick G Donnelly (Donnelly, Patrick) |
| Filing 43 ATTORNEY Appearance for Plaintiff Nails and Staples, Inc. by Michael Stephan Kozlowski, Jr (Kozlowski, Michael) |
| Filing 42 MINUTE entry before the Honorable Joan B. Gottschall: This case has been transferred #41 to this court from the Western District of Texas. On or before 9/10/2024, the parties are instructed to file (1) a joint status report and (2) all notices of affiliates required by this court's Local Rule 3.2. The joint status report should concisely describe the pending claims and defenses as well as the key legal and factual issues, report on the progress of discovery, and list any pending motions. The status report should also propose a schedule for the next 45 days.Counsel are further instructed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirements of status reports in part II of the packet. Mailed notice (mjc, ) |
| Filing 41 RECEIVED from Texas Western; Case Number 6:24-cv-00255. (ph, ) |
Filing 40
ORDER GRANTING #11 Motion to Transfer Case. This action is TRANSFERRED to the United States District Court for the Northern District of Illinois. Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 8/26/2024.]
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| Filing 39 Minute Entry for proceedings held before Judge Derek T. Gilliland: Motion Hearing held on 8/20/2024 re #11 MOTION to Transfer Case. Case called for Motions Hearing via Zoom. Parties announced ready. Statements and arguments of counsel heard. Plaintiff informed the Court that they withdraw their opposition to Defendants' Joint Motion To Transfer Venue To The Northern District of Illinois (ECF 11) and will be submitting a proposed order for case to be transferred. Order to follow. Hearing concluded (Minute entry documents are not available electronically.). (Court Reporter FTR.)(lad) [Transferred from Texas Western on 8/26/2024.] |
| Filing 38 REPLY to Response to Motion, filed by Direct Steel, LLC, re #11 MOTION to Transfer Case to Northern District of Illinois and Brief in Support Thereof filed by Defendant Direct Steel, LLC, Defendant Travelers Casualty & Surety Co. of America Joint Reply (Woods, Kendall) [Transferred from Texas Western on 8/26/2024.] |
| Filing 37 Original ANSWER to #33 Amended Complaint Filed by Travelers Casualty & Surety Co. of America.(Kipness, Jason) [Transferred from Texas Western on 8/26/2024.] |
| Filing 36 ANSWER to #33 Amended Complaint , COUNTERCLAIM against Nails and Staples, Inc. by Direct Steel, LLC.(Woods, Kendall) [Transferred from Texas Western on 8/26/2024.] |
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Filing 35
ORDER SETTING MOTIONS HEARING VIA ZOOM re #11 MOTION to Transfer Case filed by Defendants for 8/20/2024 09:30 AM before Judge Derek T. Gilliland. Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 8/26/2024.]
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| Filing 34 RESPONSE to Motion, filed by Nails and Staples, Inc., re #11 MOTION to Transfer Case to Northern District of Illinois and Brief in Support Thereof filed by Defendant Direct Steel, LLC, Defendant Travelers Casualty & Surety Co. of America (lad) [Transferred from Texas Western on 8/26/2024.] |
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Text Order GRANTING #26 Motion for Leave to File entered by Judge Derek T. Gilliland. While the Court is not persuaded by Plaintiff's reason for delay, the Court prefers to have full briefing on Defendants' motion to transfer venue before issuing its ruling. The Clerk of Court is DIRECTED to accept ECF No. 26-1 for filing as "Plaintiff's Response to Defendants' Joint Motion to Transfer Venue." Defendants may file a reply not later than seven (7) days after entry of Plaintiff's response. (This is a text-only entry generated by the court. There is no document associated with this entry.) (zelc) [Transferred from Texas Western on 8/26/2024.]
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| Filing 33 SECOND AMENDED COMPLAINT against All Defendants amending, filed by Nails and Staples, Inc..(Kudisch, Elliot) Modified on 7/30/2024 to add second language (bw). [Transferred from Texas Western on 8/26/2024.] |
| Filing 32 Plaintiff's Answer to #15 Defendant's Counterclaim(lad) [Transferred from Texas Western on 8/26/2024.] |
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Text Order GRANTING #27 Unopposed Motion for Leave to File Late Answer to Counterclaim. The clerk's office is DIRECTED to file into the record with the Court: ECF No. 27-1, Ex. A as "Plaintiff's Answer to Defendant's Counterclaim". Entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jplc) [Transferred from Texas Western on 8/26/2024.]
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Text Order GRANTING #30 Unopposed Motion for Extension of Time to File a Response to Defendants' Joint Motion to Dismiss. IT IS HEREBY ORDERED that Plaintiff's deadline to file their response to Defendants' Joint Motion to Dismiss is extended to July 29, 2024. Entered by Judge Derek T. Gilliland. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jplc) [Transferred from Texas Western on 8/26/2024.]
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| Filing 31 Response in Opposition to Motion, filed by Direct Steel, LLC, re #26 Opposed MOTION for Leave to File Late Response Pleadings to Defendants Motion to Transfer Venue filed by Plaintiff Nails and Staples, Inc. (Woods, Kendall)[Transferred from Texas Western on 8/26/2024.] |
| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #28 Joint Motion to Dismiss for Failure to State a Claim Joint MOTION for More Definite Statement by Nails and Staples, Inc.. (Attachments: #1 Proposed Order). Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot) [Transferred from Texas Western on 8/26/2024.] |
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Filing 29
SCHEDULING ORDER: Amended Pleadings/Joinder of Parties due by 9/15/2024, Consent to Trial by Magistrate due by 4/25/2025, Dispositive/Daubert Motions due by 4/25/2025, Pretrial Conference set for 9/7/2025 before Judge Alan D Albright, Jury Trial set for 9/15/2025 before Judge Alan D Albright,. Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 8/26/2024.]
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| Filing 28 Joint Motion to Dismiss for Failure to State a Claim , Joint MOTION for More Definite Statement by Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Attachments: #1 Exhibit 1). Motions referred to Judge Derek T. Gilliland. (Woods, Kendall) [Transferred from Texas Western on 8/26/2024.] |
| Filing 27 Unopposed MOTION for Leave to File Late Answer to Defendants Counterclaim by Nails and Staples, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order Order). Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot) [Transferred from Texas Western on 8/26/2024.] |
| Filing 26 Opposed MOTION for Leave to File Late Response Pleadings to Defendants Motion to Transfer Venue by Nails and Staples, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order Order). Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot) [Transferred from Texas Western on 8/26/2024.] |
| Filing 25 DEFICIENCY NOTICE: re #24 Opposed MOTION for Leave to File Late Response Pleadings to Defendants Motion to Transfer Venue (lad) [Transferred from Texas Western on 8/26/2024.] |
| Filing 24 Opposed MOTION for Leave to File Late Response Pleadings to Defendants Motion to Transfer Venue by Nails and Staples, Inc.. (Attachments: #1 Affidavit EX. 1). Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot) [Transferred from Texas Western on 8/26/2024.] |
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Filing 23
ORDER REGARDING DISCOVERY DISPUTES. Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 8/26/2024.]
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| Filing 22 Minute Entry for proceedings held before Judge Derek T. Gilliland: Initial Pretrial Conference held on 6/27/2024. Case called for an Initial Pretrial Conference held via Zoom. Parties announced ready. Statements andarguments of counsel heard. The Court outlined docket management and discovery dispute procedures.Parties are to meet and confer and file a proposed scheduling order in the proper format and email aword version to the Court's Law Clerk at txwdml_nojudge_chambers_wa_judgegilliland@txwd.uscourts.govby COB Friday, July 5, 2024. Written Order re Discovery Disputes and Scheduling Order to follow.Hearing concluded. (Minute entry documents are not available electronically.). (Court Reporter FTR.)(lad) [Transferred from Texas Western on 8/26/2024.] |
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Filing 21
ORDER GRANTING #20 Motion to Appear Pro Hac Vice for Attorney Kendall E. Woods. Attorney added for Direct Steel, LLC. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Derek T. Gilliland. (bot2) [Transferred from Texas Western on 8/26/2024.]
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| Filing 20 MOTION to Appear Pro Hac Vice by Kendall E. Woods ( Filing fee $ 100 receipt number ATXWDC-18920099) by Jason Eric Kipness on behalf of Direct Steel, LLC.. Motions referred to Judge Derek T. Gilliland. (Kipness, Jason) Modified on 6/26/2024 (lad). [Transferred from Texas Western on 8/26/2024.] |
| Filing 19 Rule 26(f) Discovery Report/Case Management Plan First Amended Joint Discovery-Case Management Plan by Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Kipness, Jason) [Transferred from Texas Western on 8/26/2024.] |
| Filing 18 AMENDED COMPLAINT against Direct Steel, LLC amending, filed by Nails and Staples, Inc..(Kudisch, Elliot) [Transferred from Texas Western on 8/26/2024.] |
| Filing 17 Rule 26(f) Discovery Report/Case Management Plan by Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Kipness, Jason) [Transferred from Texas Western on 8/26/2024.] |
| Filing 16 NOTICE Certificate of Conference for #11 Joint Motion To Transfer This Matter to the Northern District of Illinois by Direct Steel, LLC, Travelers Casualty & Surety Co. of America (Murphy, Paul) Plaintiff is opposed to transfer (lad). [Transferred from Texas Western on 8/26/2024.] |
| Filing 15 Direct Steel's Original ANSWER to #1 Complaint Plaintiff. Attorney Paul Wayne Murphy added to party Direct Steel, LLC(pty:dft), COUNTERCLAIM against Nails and Staples, Inc. by Direct Steel, LLC.(Murphy, Paul) [Transferred from Texas Western on 8/26/2024.] |
| Filing 14 NOTICE of Attorney Appearance by Jason Eric Kipness on behalf of Direct Steel, LLC, Travelers Casualty & Surety Co. of America (Kipness, Jason) [Transferred from Texas Western on 8/26/2024.] |
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Filing 13
ORDER SETTING INITIAL PRETRIAL CONFERENCE VIA ZOOM for 6/27/2024 02:00 PM before Judge Derek T. Gilliland.. Signed by Judge Derek T. Gilliland. (lad) [Transferred from Texas Western on 8/26/2024.]
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| Filing 12 Original ANSWER to #1 Complaint by Travelers Casualty & Surety Co. of America.(Kipness, Jason) [Transferred from Texas Western on 8/26/2024.] |
| Filing 11 MOTION to Transfer Case to Northern District of Illinois and Brief in Support Thereof by Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Attachments: #1 Exhibit 1). Motions referred to Judge Derek T. Gilliland. (Kipness, Jason) Opposed (per #16 ) (lad). [Transferred from Texas Western on 8/26/2024.] |
| Filing 10 NOTICE of Attorney Appearance by Jason Eric Kipness on behalf of Direct Steel, LLC, Travelers Casualty & Surety Co. of America. Attorney Jason Eric Kipness added to party Direct Steel, LLC(pty:dft), Attorney Jason Eric Kipness added to party Travelers Casualty & Surety Co. of America(pty:dft) (Kipness, Jason) [Transferred from Texas Western on 8/26/2024.] |
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Filing 9
ORDER GRANTING #3 Motion to Appear Pro Hac Vice for Attorney Ieshia J. Dunmore. Attorney added for Nails and Staples, Inc. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order, if he/she has not previously done so for a prior case in this District. Registration is managed by the PACER Service Center. Signed by Judge Derek T. Gilliland. (bot1) [Transferred from Texas Western on 8/26/2024.]
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| Filing 8 ATTACHMENT Corrected to #3 MOTION to Appear Pro Hac Vice by Elliot Joshua Kudisch ( Filing fee $ 100 receipt number ATXWDC-18760216) by Nails and Staples, Inc.. (Kudisch, Elliot) [Transferred from Texas Western on 8/26/2024.] |
| Filing 7 DEFICIENCY NOTICE: re #6 MOTION to Amend/Correct MOTION to Appear Pro Hac Vice by Ieshia J. Dunmore (lad) [Transferred from Texas Western on 8/26/2024.] |
| Filing 6 MOTION to Amend/Correct MOTION to Appear Pro Hac Vice by Ieshia J. Dunmore by Nails and Staples, Inc... Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot) [Transferred from Texas Western on 8/26/2024.] |
| Filing 5 DEFICIENCY NOTICE: re #3 MOTION to Appear Pro Hac Vice by Ieshia J. Dunmore ( Filing fee $ 100 receipt number ATXWDC-18760216) TO AVOID ANOTHER FEE, please follow the enclosed instructions closely. (lad) [Transferred from Texas Western on 8/26/2024.] |
| Filing 4 Summons Issued as to Direct Steel, LLC, Travelers Casualty & Surety Co. of America. (Attachments: #1 Summons for TCSCA)(lad) [Transferred from Texas Western on 8/26/2024.] |
| Filing 3 MOTION to Appear Pro Hac Vice by Ieshia J. Dunmore ( Filing fee $ 100 receipt number ATXWDC-18760216) on behalf of Nails and Staples, Inc. Motions referred to Judge Derek T. Gilliland. (Kudisch, Elliot) (Main Document 3 replaced on 5/14/2024) (lad). [Transferred from Texas Western on 8/26/2024.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS by Nails and Staples, Inc.. (Attachments: #1 Summons)(Kudisch, Elliot) (Main Document 2 replaced on 5/14/2024) (lad). (Attachment 1 replaced on 5/14/2024) (lad). [Transferred from Texas Western on 8/26/2024.] |
| Filing 1 COMPLAINT ( Filing fee $ 405 receipt number ATXWDC-18756337). No Summons requested at this time, filed by Nails and Staples, Inc. d/b/a Express Interiors. (Attachments: #1 Civil Cover Sheet)(Kudisch, Elliot) [Transferred from Texas Western on 8/26/2024.] |
| Case assigned to Judge Alan D Albright and REFERRED to Magistrate Judge Derek T. Gilliland. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE (lad) [Transferred from Texas Western on 8/26/2024.] |
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