Stauffer v. Innovative Heights Fairview Heights, LLC et al
| Madisyn Stauffer |
| Innovative Heights Fairview Heights, LLC, Pathfinder Software LLC d/b/a Centeredge Software, LLC, Pathfinder Software LLC, Pathfinder Software LLC doing business as Centeredge Software, LLC and Sky Zone Franchise Group, LLC |
| 3:2020cv00046 |
| January 10, 2020 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Labor: Other |
| 28 U.S.C. § 1446 Petition for Removal |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 5, 2023. A more recent docket listing may be available from PACER.
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Filing 187
ORDER GRANTING in part and DENYING in part #159 Sky Zone's Motion to Dismiss Plaintiff's Third Amended Complaint. Sky Zone's Motion to Dismiss is GRANTED with respect to Plaintiff's Section 15(a) claim, which is DISMISSED with prejudice. It is DENIED with respect to Plaintiff's Section 15(b) claim. Signed by Magistrate Judge Mark A. Beatty on 7/5/2023. (scm)
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Filing 186
ORDER GRANTING #173 and #177 Motions for Leave to File Supplemental Authority. The Court reviewed the district court cases and considered the parties' arguments in authoring the forthcoming order on #159 Motion to Dismiss Third Amended Complaint. Signed by Magistrate Judge Mark A. Beatty on 7/5/2023. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 185
Sealed Document Exhibit 4 to the Settlement Agreement attached to Plaintiff's Motion for Preliminary Approval as Exhibit 1 by Madisyn Stauffer. (Green, Kevin)
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Filing 184
Sealed Document Exhibit 3 to the Settlement Agreement attached to Plaintiff's Motion for Preliminary Approval as Exhibit 1 by Madisyn Stauffer. (Green, Kevin)
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Filing 183
MOTION for Settlement (for Preliminary Approval of Class Action Settlement and Memorandum in Support) by Madisyn Stauffer. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Green, Kevin)
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Filing 182
ORDER GRANTING #180 Plaintiff's Motion for Leave to File Motion for Preliminary Approval of Settlement Agreements in Excess of Page Limit and #181 Plaintiff's Motion for Leave to File Under Seal. Plaintiff is granted leave to file a 32-page motion to approve settlement and to file exhibits 3 and 4 to the proposed settlement agreement under seal. Signed by Magistrate Judge Mark A. Beatty on 6/21/2023. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 181
MOTION for Leave to File Under Seal by Madisyn Stauffer. (Green, Kevin)
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Filing 180
MOTION for Leave to File Motion for Preliminary Approval of Settlement Agreements and Memorandum of Law in Support in Excess of Page Limit by Madisyn Stauffer. (Green, Kevin)
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Filing 179
Joint MOTION to Amend/Correct the Court's Scheduling Order by Madisyn Stauffer. (Green, Kevin)
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Filing 178
RESPONSE to Motion re #177 MOTION for Leave to File Supplemental Authority in Support of Plaintiff's Response to Defendant Sky Zone Franchise Group, LLC's Motion to Dismiss Third Amended Complaint filed by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 177
MOTION for Leave to File Supplemental Authority in Support of Plaintiff's Response to Defendant Sky Zone Franchise Group, LLC's Motion to Dismiss Third Amended Complaint by Madisyn Stauffer. (Green, Kevin)
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Filing 176
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #175 Motion for Leave to File filed by Madisyn Stauffer. Login and signature do not match. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 175
STRICKEN MOTION for Leave to File Supplemental Authority in Support of Plaintiff's Response to Defendant Sky Zone Franchise Group, LLC's Motion to Dismiss Third Amended Complaint by Madisyn Stauffer. (Cornfeld, Richard) Modified on 4/4/2023 (jlh).
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Filing 174
RESPONSE to Motion re #173 MOTION for Leave to File Supplemental Authority in Support of Plaintiff's Response to Defendant Sky Zone Franchise Group, LLC's Motion to Dismiss Third Amended Complaint filed by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 173
MOTION for Leave to File Supplemental Authority in Support of Plaintiff's Response to Defendant Sky Zone Franchise Group, LLC's Motion to Dismiss Third Amended Complaint by Madisyn Stauffer. (Green, Kevin)
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Filing 172
ORDER granting #170 Motion to Withdraw as Attorney. Attorney Kendall J. Mossman-Canfield terminated. Signed by Magistrate Judge Mark A. Beatty on 2/14/2023. THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 171
ORDER: A Notice of Settlement was filed indicating that Plaintiff Madisyn Stauffer and Defendant Pathfinder Software, LLC d/b/a CenterEdge Software, LLC have reached a settlement but additional time is needed to finalize the settlement documents and seek court approval of the class action settlement (Doc. #168 ). In light of the settlement, the Court DENIES AS MOOT any pending motions and VACATES all deadlines and hearings as to Defendant Pathfinder Software. Signed by Magistrate Judge Mark A. Beatty on 2/7/2023. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 170
MOTION to Withdraw as Attorney by Pathfinder Software LLC. (Mossman-Canfield, Kendall)
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Filing 169
NOTICE OF CANCELLATION of Hearing: Due to the current posture of this case, the status conference set for 2/16/2023 at 10:00 AM is CANCELED and will be reset by separate notice. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 168
NOTICE of Settlement with Defendant Pathfinder Software, LLC by Madisyn Stauffer (Green, Kevin)
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Filing 167
CANCELLED NOTICE RESETTING HEARING: In light of the Court's Order granting a new scheduling order in this case, the status conference set for 12/1/2022 at 9:00 AM is CONTINUED and RESET for 2/16/2023 at 10:00 AM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive an updated ZOOM invitation via email from the Court.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 2/3/2023 (jlh).
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Filing 166
ORDER GRANTING #165 Joint Motion to Enter Proposed Scheduling Order submitted per Judge Beatty's docket text order dated 9-2-2022. The parties jointly filed a motion detailing that the parties now agree to Plaintiff's proposed modified class certification briefing schedule. Therefore, the Court hereby ADOPTS the parties' proposed schedule. The motion for class certification is now due on or before September 21, 2023. The memorandum in opposition is due on or before October 26, 2023 and the reply brief is due on or before November 16, 2023. Accordingly, the Joint MOTION to Amend/Correct the Court's Scheduling Order #161 in which the parties submitted competing proposed schedules is DENIED AS MOOT. Signed by Magistrate Judge Mark A. Beatty on 11/28/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 165
MOTION Joint Motion to Enter Proposed Scheduling Order submitted per Judge Beatty's docket text order dated 9-2-2022 by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 164
REPLY to Response to Motion re #159 MOTION to Dismiss Third Amended Complaint Reply In Support of Defendant's Motion to Dismiss filed by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 163
NOTICE of Hearing: Due to a conflict in the Court's schedule, the Status Conference set for 11/3/2022 at 10:00 AM is CANCELLED and RESET for 12/1/2022 at 9:00 AM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive an updated ZOOM invitation via email from the Court. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 162
RESPONSE to Motion re #159 MOTION to Dismiss Third Amended Complaint filed by Madisyn Stauffer. (Green, Kevin)
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Filing 161
Joint MOTION to Amend/Correct the Court's Scheduling Order by Madisyn Stauffer. (Green, Kevin)
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Filing 160
MEMORANDUM in Support re #159 MOTION to Dismiss Third Amended Complaint filed by Sky Zone Franchise Group, LLC. (Attachments: #1 Affidavit Declaration of Kenneth L. Schmetterer, #2 Exhibit A - Order, #3 Exhibit B - Second Amended Complaint, #4 Exhibit C - Memo in Support, #5 Exhibit D - Motion, #6 Exhibit E - Order on MTD)(Maloney, Jennifer)
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Filing 159
MOTION to Dismiss Third Amended Complaint by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 158
Answer and Affirmative Defenses to Plaintiff's Third Amended Class Action Complaint ANSWER to Complaint by Pathfinder Software LLC.(Wolf, Thomas)
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Filing 157
ORDER GRANTING #154 Motion for Extension of Time to Answer ; GRANTING #156 Motion for Extension of Time to File Response/Reply. Defendants Sky Zone and Pathfinder request additional time to respond to Plaintiff's Third Amended Complaint. Plaintiff does not oppose the motions. Accordingly, the motions are GRANTED. Defendants Pathfinder and Sky Zone's responsive pleadings are due on or before September 9, 2022. Responses due by 9/9/2022. Signed by Magistrate Judge Mark A. Beatty on 9/6/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 156
MOTION for Extension of Time to File Response/Reply Unopposed Motion for an Extension of Time to File its Responsive Pleading to Plaintiffs Third Amended Complaint by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 155
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #144 Amended Complaint filed by Madisyn Stauffer. Document stricken as ordered by the Court. (Doc 150) (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Parties to file motion with specific deadlines by 9/15/2022. (jlh)
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Filing 154
MOTION for Extension of Time to File Answer Unopposed Motion for Extension of Time to File its Responsive Pleading to the Third Amended Complaint by Pathfinder Software LLC. (Wolf, Thomas)
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Filing 153
AMENDED COMPLAINT (Third) against Innovative Heights Fairview Heights, LLC, Pathfinder Software LLC, Sky Zone Franchise Group, LLC, filed by Madisyn Stauffer.(Green, Kevin)
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Filing 152
ORDER DENYING WITHOUT PREJUDICE #135 Joint Motion to Amend/Correct the Court's Scheduling Order with leave to refile. The parties jointly request to modify the scheduling order based on the potential addition of a third Defendant, Sky Zone. In their motion, the parties outline estimated deadlines based on when the Court entered its August 5, 2022 Order granting the motion to dismiss. The Court agrees that a modified schedule is necessary. The responsive pleadings to Plaintiff's complaint are due on or before September 2, 2022, which may impact the proposed deadlines as outlined in the parties' motion. Fed. R. Civ. P. 15. Therefore, the Court DENIES without prejudice the joint motion to amend/correct the Court's Scheduling Order and hereby DIRECTS the parties to meet and confer, and then refile their motion with specific deadlines on or before September 15, 2022. Signed by Magistrate Judge Mark A. Beatty on 9/1/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 151
ORDER DENYING AS MOOT #145 Plaintiff's Motion for Leave to File. Along with filing the amended complaint, Plaintiff filed a motion for leave, requesting leave of the Court to amend the entire complaint (and not just the claims against Defendant Sky Zone) to account for information learned in ongoing discovery. The motion is DENIED AS MOOT because the undersigned has already given Plaintiff leave to amend the complaint (Doc. 142). However, to the extent Plaintiff is asking to assert new allegations consistent with the discovery, the Court GRANTS that request. Defendants have not objected to this request. In fact, one Defendant, Innovative Heights, has already filed an answer in response (Doc. 149). Plaintiff does not seek to add additional claims and is simply conforming the complaint to the evidence. Signed by Magistrate Judge Mark A. Beatty on 9/1/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 150
ORDER DENYING #146 Plaintiff's Motion for Leave to File to File Under Seal. Plaintiff filed a redacted Third Amended Complaint (Doc. 144) and a motion for leave to file the unredacted version of the complaint under seal (Doc. 146) on August 19, 2022. Plaintiff indicated that filing a sealed version may not be necessary, and the Court previously determined that a sealed version of the complaint was not necessary (Docs. 139, 147). Now, Defendant Sky Zone has filed a response and indicated that it does not object to Plaintiff filing an unsealed and unredacted version of the complaint on the docket. Accordingly, the motion for leave to file under seal is DENIED. Plaintiff is instructed to file a third unredacted amended complaint on the docket instanter and title the complaint "Third Amended Complaint." For purposes of clarity on the docket, the Clerk of Court is DIRECTED to STRIKE Plaintiff's third amended complaint (redacted) (Doc. 144) from the docket. Signed by Magistrate Judge Mark A. Beatty on 9/1/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 149
ANSWER to #144 Amended Complaint DEFENDANT INNOVATIVE HEIGHTS FAIRVIEW HEIGHTS, LLCS ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS THIRD AMENDED CLASS ACTION COMPLAINT by Innovative Heights Fairview Heights, LLC.(Insler, Charles)
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Filing 148
RESPONSE to #146 Motion for Leave to File Brief Regarding August 22, 2022 Docket Order filed by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Set/Reset Deadlines as to #146 MOTION for Leave to File Under Seal. Sky Zone Response due by 8/29/2022 (jlh)
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Filing 147
ORDER. On August 19, 2022, Plaintiff filed her amended complaint, as well as a motion for leave to file an unredacted version of the amended complaint under seal. In her motion for leave, Plaintiff outlines that she questions whether the information contained in the amended complaint should be sealed (Doc. 146, p. 1). The Court has reviewed the relevant materials and shares the same concerns, particularly in light of the Seventh Circuit's preference for open judicial proceedings. See Doc. 136, quoting "Secrecy in judicial proceedings is disfavored." GEA Grp. AG v. Flex-N-Gate Corp., 740 F.3d 411, 419 (7th Cir. 2014). In fact, a review of the relevant material shows that this issue seems to have already been addressed by the Court in its July 21 and 29 Orders, and the Court is inclined to instruct Plaintiff to file an unredacted version of the amended complaint on the docket (Docs. 136, 139). But before doing so, the undersigned wishes to give Defendant Sky Zone the opportunity to weigh in, in case some of the material included in this amended complaint should remain sealed. Accordingly, Defendant Sky Zone is ORDERED to file a response to Plaintiff's motion for leave (Doc. 146), on or before August 29, 2022, to explain to the Court why the information at issue should remain sealed. Sky Zone must provide a detailed analysis with specific reasons why secrecy should be maintained as well as legal citations that support their position. If Sky Zone does not believe that secrecy is warranted, it may simply file a brief indicating as much to the Court and the information at issue will be unsealed, as it did previously (Doc. 138). Signed by Magistrate Judge Mark A. Beatty on 8/22/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 146
MOTION for Leave to File Under Seal by Madisyn Stauffer. (Green, Kevin)
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Filing 145
MOTION for Leave to File Third Amended Complaint by Madisyn Stauffer. (Green, Kevin)
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Filing 144
STRICKEN AMENDED COMPLAINT (Third) (Redacted) against All Defendants, filed by Madisyn Stauffer.(Green, Kevin) Modified on 9/2/2022 (jlh).
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Set/Reset Deadlines: Plaintiff's amended complaint due on or before 8/19/22. (Amended Pleadings due by 8/19/2022) (lmb)
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Filing 143
ORDER DENYING AS MOOT #140 Motion for Leave to File. Defendant Sky Zone filed a motion for leave to file supplemental authority for the Court to consider in its decision on Sky Zone's motion to dismiss. In light of the Court's August 5, 2022 Order granting Sky Zone's motion to dismiss, Sky Zone's motion for leave to file supplemental authority is DENIED AS MOOT. Signed by Magistrate Judge Mark A. Beatty on 8/5/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 142
ORDER GRANTING #119 Motion to Dismiss consistent with the attached Memorandum and Order. Defendant Sky Zone's motion to dismiss is GRANTED. Defendant Sky Zone is DISMISSED without prejudice. Plaintiff is granted leave to refile an amended complaint on or before August 19, 2022. Signed by Magistrate Judge Mark A. Beatty on 8/5/2022. (spl)
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Filing 141
RESPONSE to Motion re #140 MOTION for Leave to File Supplemental Authority and Motion for Leave to File Response filed by Madisyn Stauffer. (Attachments: #1 Exhibit 1)(Green, Kevin)
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Filing 140
MOTION for Leave to File Supplemental Authority by Sky Zone Franchise Group, LLC. (Attachments: #1 Exhibit 1 Order)(Maloney, Jennifer)
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Filing 139
ORDER. On July 21, 2022, the Court Ordered Defendant Sky Zone to file a response indicating whether Sky Zone objected to unsealing the sealed version of the Second Amended Complaint (Docs. 99; 136). Sky Zone has now responded and indicated that it has no objections. Accordingly, the Clerk of Court is DIRECTED to unseal the Second Amended Class Action Complaint filed on September 17, 2021 (Doc. 99). For the sake of clarity on the docket, the Clerk of Court is also DIRECTED to add "redacted" to the filing at Doc. 98 so that it reads as follows: AMENDED COMPLAINT Second Amended Class Action Complaint (redacted). Additionally, the Clerk of Court is DIRECTED to add a note to the filing at Doc. 99 so that it reads as follows: Second Amended Class Action Complaint (unsealed by the Court Order entered on July 29, 2022) (Doc. 139). Signed by Magistrate Judge Mark A. Beatty on 7/29/2022. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 138
RESPONSE to 136 Order,,,,,,,,,, Defendant Sky Zone Franchise Group, LLCs Brief Regarding July 21, 2022 Docket Order filed by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 137
NOTICE of Change of Address by Charles Noah Insler (Insler, Charles)
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Filing 136
ORDER: In reviewing the amended complaint and the parties' briefing on the pending motion to dismiss, some of the arguments made by the parties hinge on information that is under seal. See Docs. 98, 99, 120, 132. Plaintiff originally sought leave of the Court to file certain information in the amended complaint under seal, which the Court granted (Docs. 94, 95, 97). "Secrecy in judicial proceedings is disfavored." GEA Grp. AG v. Flex-N-Gate Corp., 740 F.3d 411, 419 (7th Cir. 2014). "Documents that affect the disposition of federal litigation are presumptively open to public view, even if the litigants strongly prefer secrecy, unless a statute, rule, or privilege justifies confidentiality." In re Specht., 622 F.3d 697, 701 (7th Cir. 2010). See also Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 546 (7th Cir. 2002) ("In civil litigation only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of a sexual assault), is entitled to be kept secret...."). Plaintiff noted in her motion for leave to amend that the redacted/sealed information was marked as confidential in discovery, which thus prompted Plaintiff to seek leave to file it under seal (See Doc. 95). However, a designation of "confidential" in the discovery process is different than sealing a document that is critical to the disposition of a motion. Accordingly, the Court must make an independent assessment whether information that makes its way onto the Court's docket is allowed to remain under seal. Indeed, it appears Plaintiff relays and relies on information from the sealed documents in her response to the pending motion to dismiss (Docs. 99, 122). Her response is not under seal and there has been no objection. Accordingly, Sky Zone is ORDERED to file a brief, on or before July 28, 2022, to explain to the Court why the information at issue should remain sealed. Sky Zone must provide a detailed analysis with specific reasons why secrecy should be maintained as well as legal citations that support their position. If Sky Zone does not believe that secrecy is warranted, it may simply file a brief indicating as much to the Court and the information at issue will be unsealed. Signed by Magistrate Judge Mark A. Beatty on 7/21/2022. THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 135
Joint MOTION to Amend/Correct the Court's Scheduling Order by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 134
CANCELLED NOTICE of Hearing: Status Conference set for 11/3/2022 at 10:00 AM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive a ZOOM invitation via email from the Court. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/21/2022 (jlh).
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Filing 133
ORDER: This matter is before the Court sua sponte for case management purposes. The Final Pretrial Conference is set for July 21, 2022 at 9:00 a.m. and the presumptive trial month in this case is August 2022 (Doc. 46); however, it is apparent that setting is no longer feasible due to the pending deadline for the motion for class certification. Consequently, the Final Pretrial Conference set for July 21, 2022 is CANCELED and will be RESET closer in time to trial. The presumptive trial month is hereby CANCELED and will be reset by separate order. Signed by Magistrate Judge Mark A. Beatty on 5/6/2022. (jmj)
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Filing 132
RESPONSE to #130 Motion for Leave to File (to Defendant's Supplemental Authority) filed by Madisyn Stauffer. (Attachments: #1 Exhibit 1)(Green, Kevin)
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Set/Reset Deadlines: Plaintiff's supplemental response due by 5/11/2022. (jlh)
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Filing 131
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 5/4/2022. Attorneys Kevin P. Green, Rick Cornfeld and Daniel Levy appear on behalf of Plaintiff. Attorney Charles Insler appears on behalf of Innovative Heights Fairview Heights, LLC. Attorney Thomas M. Wolf appears on behalf of Pathfinder Software LLC. Attorneys Jennifer Maloney and Kenneth Schmetterer appear on behalf of Sky Zone Franchise Group. The parties discuss the progress of discovery and indicate the discovery is progressing on schedule. The Court GRANTS #130 Motion for Leave to File Supplemental Authority. Plaintiff's counsel requests the opportunity to submit a supplement response, outlining Plaintiff's position on the supplemental authority. The Court grants this request. The Plaintiff may file a supplemental response, not exceeding 350 words and directed only at the statements made by Defendant in their filing by May 11, 2022. A status conference will be set by separate notice. (Court Reporter Stephanie Rennegarbe.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 130
MOTION for Leave to File Supplemental Authority by Sky Zone Franchise Group, LLC. (Attachments: #1 Exhibit 1)(Maloney, Jennifer)
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Filing 129
NOTICE of Appearance by Thomas C. Horscroft on behalf of Madisyn Stauffer (Horscroft, Thomas)
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Filing 128
NOTICE: The telephonic Status Conference set for 5/4/2022 at 10:00 AM before Magistrate Judge Mark A. Beatty is CONVERTED to a ZOOM status conference. The parties will receive a ZOOM invitation via email from the Court. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 127
NOTICE of Hearing: Telephonic Status Conference set for 5/4/2022 at 10:00 AM before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0046.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 126
AMENDED SCHEDULING ORDER. The scheduling order modifies the scheduling order at Doc. #87 . Plaintiff's motion for class certification is due on or before December 16, 2022. Defendant's memorandum in opposition is due on January 20, 2023. Plaintiff's reply brief is due on or before February 10, 2023. The scheduling and discovery order previously adopted by the Court (Doc. #87 ) remains in effect except as modified by this order. Signed by Magistrate Judge Mark A. Beatty on 2/9/2022. (jmj)
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Filing 125
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 2/8/2022. Attorneys Kevin P. Green and Rick Cornfeld appear on behalf of Plaintiff. Attorney Charles Insler appears on behalf of Innovative Heights Fairview Heights, LLC. Attorney Thomas M. Wolf appears on behalf of Pathfinder Software LLC. Attorneys Jennifer Maloney and Eric Roberts appear on behalf of Sky Zone Franchise Group. The parties discuss the progress of discovery. The parties indicate they are currently working on fact discovery. The parties submitted an amended proposed scheduling order and requests an additional 5 month extension to complete discovery. The Court GRANTS this request. Amended scheduling order to issue. A status conference will be set by separate notice. (Court Reporter Liberty Recording.) (jmj)
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Filing 124
MEMORANDUM in Support re #119 MOTION to Dismiss Reply In Support of Defendant's Motion to Dismiss filed by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 123
NOTICE of Appearance by Kenneth L Schmetterer on behalf of Sky Zone Franchise Group, LLC (Schmetterer, Kenneth)
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Filing 122
RESPONSE to Motion re #119 MOTION to Dismiss filed by Madisyn Stauffer. (Cornfeld, Richard)
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Filing 121
NOTICE RESETTING HEARING: Due to a conflict in the Court's schedule, the telephonic status conference set for 1/6/2022 at 10:30 AM is CANCELED and RESET for 2/8/2022 at 1:00 PM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive a ZOOM invitation via email from the Court. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 120
MEMORANDUM in Support re #119 MOTION to Dismiss filed by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 119
MOTION to Dismiss by Sky Zone Franchise Group, LLC. (Maloney, Jennifer)
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Filing 118
NOTICE of Appearance by Jennifer L. Maloney on behalf of Sky Zone Franchise Group, LLC (Maloney, Jennifer)
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Filing 117
ORDER GRANTING #111 Motion to Withdraw as Attorney. Attorney Charles Noah Insler terminated as counsel for Defendant SkyZone; GRANTING #112 Motion for Extension of Time to File Response. Defendant SkyZone requests an additional 30-days (through December 22, 2021) to file its responsive pleading to Plaintiff's complaint because SkyZone has retained new counsel and counsel is familiarizing itself with the case file. Plaintiff filed a response essentially arguing that Plaintiff is unsure why SkyZone waited until the day the response was due to request an extension, but Plaintiff consents to the extension, but will object to or resist any effort to modify the operative scheduling order and response deadlines for outstanding discovery. Casting more light on this issue, SkyZone attached emails between counsel, which reveal the parties' negotiations about both the extension of time and the discovery schedule. The Court supposes that the purpose of all of this is to alert it to a potential dispute regarding the scheduling order. But at this point, there is no dispute; therefore, the only question before the Court is whether an extension of time should be given to SkyZone for its responsive pleading. The Court GRANTS the motion #112 and SkyZone's responsive pleading is due on or before December 22, 2021. The Court reminds all parties that scheduling matters are routinely resolved without Court intervention, but if one is necessary again here, it will require the parties to follow the same protocols it has previously employed on this topic (See Doc. 80). In other words, the parties will be expected to have actually spoken to one another before turning to the Court for help. And finally, the parties are reminded to consult Fed. R. Civ. P. 29, which allows the parties to modify internal discovery deadlines by way of stipulation so long as it does not affect the overall discovery cutoff. The motion to withdraw #111 and the request for extension of time #112 are GRANTED.Signed by Magistrate Judge Mark A. Beatty on 11/30/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 116
NOTICE OF ACTION re #115 Notice of Appearance filed by Attorney Eric Roberts. Attorney Roberts will need to update his address through PACER. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 115
NOTICE of Appearance by Eric M. Roberts on behalf of Sky Zone Franchise Group, LLC (Roberts, Eric)
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Filing 114
NOTICE of Appearance by Raj N. Shah on behalf of Sky Zone Franchise Group, LLC (Shah, Raj)
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Filing 113
RESPONSE to Motion re #112 MOTION for Extension of Time to File Response/Reply as to #98 Amended Complaint filed by Madisyn Stauffer. (Cornfeld, Richard)
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Filing 112
MOTION for Extension of Time to File Response/Reply as to #98 Amended Complaint by Sky Zone Franchise Group, LLC. (Attachments: #1 Errata A - emails)(Insler, Charles)
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Filing 111
MOTION to Withdraw as Attorney by Sky Zone Franchise Group, LLC. (Insler, Charles)
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Filing 110
NOTICE of Hearing: Telephonic Status Conference set for 1/6/2022 at 10:30 AM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0046.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 109
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 11/2/2021. Attorneys Kevin P. Green and Daniel Levy appear on behalf of Plaintiff. Attorney Charles Insler appears on behalf of Innovative Heights Fairview Heights, LLC and Sky Zone Franchise Group. Attorney Thomas M. Wolf appears on behalf of Pathfinder Software LLC. The parties discuss the progress of discovery. The parties are progressing with 3rd party subpoenas and written discovery. The parties anticipate scheduling parties depositions by January 2022 and are still on track for the class certification deadline. A status conference will be set in 60 days. (Court Reporter n/a.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 108
Corporate Disclosure Statement by Sky Zone Franchise Group, LLC identifying Corporate Parent CircusTrix Holdings LLC for Sky Zone Franchise Group, LLC. (Insler, Charles)
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Filing 107
NOTICE of Appearance by Charles Noah Insler on behalf of Sky Zone Franchise Group, LLC (Insler, Charles)
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Filing 106
ORDER GRANTING #105 Motion for Extension of Time. Defendant SkyZone Franchise Group requests additional time to file its answer or other responsive pleading to Plaintiff's second amended complaint. Plaintiff does not oppose the motion. Accordingly, the motion is GRANTED. Defendant SkyZone Franchise Group's responsive pleading is now due on or before November 22, 2021. Signed by Magistrate Judge Mark A. Beatty on 10/25/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 105
MOTION for Extension of Time SKY ZONE FRANCHISE GROUP, LLCS UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFFS SECOND AMNEDED COMPLAINT by Sky Zone Franchise Group, LLC. (Insler, Charles)
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Filing 104
SUMMONS Returned Executed by Madisyn Stauffer. Sky Zone Franchise Group, LLC served on 9/21/2021, answer due 10/12/2021. (Green, Kevin)
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Filing 103
ANSWER to #98 Amended Complaint by Pathfinder Software LLC.(Wolf, Thomas)
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Filing 102
Summons Issued as to Sky Zone Franchise Group, LLC. Original mailed to requesting party. (clt)
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Filing 101
Summons Requested. (Green, Kevin)
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Filing 100
ANSWER to #98 Amended Complaint DEFENDANT INNOVATIVE HEIGHTS FAIRVIEW HEIGHTS, LLCS ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS SECOND AMENDED CLASS ACTION COMPLAINT by Innovative Heights Fairview Heights, LLC.(Insler, Charles)
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Filing 99
Sealed Document Second Amended Class Action Complaint (Unsealed by the Court Order entered on July 29, 2022) (Doc. 139) by Madisyn Stauffer. (Green, Kevin) Modified on 8/1/2022 (kdw).
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Filing 98
AMENDED COMPLAINT Second Amended Class Action Complaint (redacted) against Innovative Heights Fairview Heights, LLC, Pathfinder Software LLC, Sky Zone Franchise Group, LLC, filed by Madisyn Stauffer.(Green, Kevin) Modified on 8/1/2022 (kdw).
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Filing 97
ORDER GRANTING #94 Plaintiff's motion for leave to file a second amended complaint; GRANTING #95 Plaintiff's motion for leave to file under seal. Plaintiff is DIRECTED to file the public redacted complaint and the sealed complaint instanter. Plaintiff's motion for leave to file under seal notes that the redactions are made pursuant to a protective order and concern information designated as "confidential" pursuant to the protective order. Once Defendant, SkyZone Franchise Group, LLC, enters the case, the Court will set the matter for status to discuss the redactions and whether the information at issue may be sealed from the public domain. The Seventh Circuit Court of Appeals has made clear that while confidentiality may be appropriate to facilitate the exchange of discovery, information that influences or underpins a judicial decision is presumptively open to public inspection. Baxter Int'l, Inc. v. Abbott Lab'ys, 297 F.3d 544, 545 (7th Cir. 2002). There are, of course, exceptions to this rule. Examples include trade secrets (or something comparable, with which its economic value depends on secrecy), information covered by a recognized privilege, and information required by a statute to be kept secret. Id. See also City of Greenville, Ill. v. Syngenta Crop Prot., LLC, 764 F.3d 695, 697 (7th Cir. 2014); Bond v. Utreras, 585 F.3d 1061, 1074 (7th Cir. 2009); Union Oil Co. of California v. Leavell, 220 F.3d 562 (7th Cir. 2000); Citizens First Nat. Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943 (7th Cir. 1999). Accordingly, the Court will set the case for a status conference at the appropriate time to discuss this issue further and how best to ensure that it is resolved consistent with the guidance provided by the Seventh Circuit.Signed by Magistrate Judge Mark A. Beatty on 9/17/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 96
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #92 Summons Issued. Stricken per the Order at Doc 93. (tba)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 95
MOTION for Leave to File Under Seal by Madisyn Stauffer. (Green, Kevin)
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Filing 94
MOTION for Leave to File Second Amended Complaint by Madisyn Stauffer. (Green, Kevin)
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Filing 93
ORDER STRIKING #88 Amended Complaint. Plaintiff filed a Second Amended Complaint on the docket without first seeking leave or submitting the proposed amended complaint to the undersigned's proposed documents email folder in accordance with Local Rule 15. See SDIL-LR 15; Fed. R. Civ. P. 15. As such, the Clerk of Court is DIRECTED to strike #88 Amended Complaint from the docket. Additionally, as the amended complaint is no longer on the docket, the Court DENIES without prejudice #89 Motion for leave to file under seal. The Clerk of Court is DIRECTED to strike #90 Defendant's answer to the complaint. Should Plaintiff wish to file an amended complaint, she should first file a motion on the docket and indicate whether Defendants have been consulted and/or oppose the motion, and submit the proposed amended complaint to the undersigned's proposed documents folder. At that time, Plaintiff may also refile her motion for leave to file under seal, if necessary. Signed by Magistrate Judge Mark A. Beatty on 9/8/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 92
STRICKEN per Order at Doc 93 Summons Issued as to Sky Zone Franchise Group, LLC. Original mailed to Attorney Kevin Green. (tba) Modified on 9/8/2021 (tba).
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Filing 91
Summons Requested. (Green, Kevin)
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Filing 90
Defendant Innovative heights Fairview Heights LLC's Answer and Affirmative Defenses to Pltf's Second Amended Class Action Complaint ANSWER to #88 Amended Complaint by Innovative Heights Fairview Heights, LLC.(Insler, Charles)
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Filing 89
MOTION for Leave to File Under Seal by Madisyn Stauffer. (Green, Kevin)
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Filing 88
STRICKEN AMENDED COMPLAINT (Second - Redacted) against All Defendants, filed by Madisyn Stauffer.(Green, Kevin)
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Filing 87
AMENDED SCHEDULING ORDER. Pursuant to the Court's July 30, 2021 Order, the Court enters the attached amended scheduling order, which modifies the scheduling order at Doc. 55. Plaintiff's motion for class certification is due on or before July 13, 2022. Defendant's memorandum in opposition is due on August 12, 2022. Plaintiff's reply brief is due on or before September 2, 2022.Signed by Magistrate Judge Mark A. Beatty on 8/3/2021. (spl)
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Filing 86
NOTICE of Hearing: Telephonic Status Conference set for 11/2/2021 at 10:00 AM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0046.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 85
ORDER: The Court has carefully considered the arguments advanced by Plaintiff and Defendant Pathfinder in connection with the scheduling dispute that the Court considered on July 29, 2021. The Court's standard scheduling order for class actions does not contemplate deadlines for third party discovery. Here, the Court is not convinced that it is necessary to deviate from the Court's form scheduling order, which is routinely entered by the judges of this district in putative class actions. The deadlines that are built into the form scheduling order, including the discovery cutoff and deadline to file a motion for class certification are sufficient. The Court intends to have periodic status conferences with the parties in this case to keep tabs on the progress of discovery. Accordingly, Pathfinder's request to include deadlines for third party discovery is denied. The parties are DIRECTED to take the proposed deadlines from their submission to the Court and put them into the Court's form scheduling order for class actions and submit it to the undersigned's proposed documents inbox by close of business on August 2, 2021, at which time the Court will enter it as the operative scheduling order. Signed by Magistrate Judge Mark A. Beatty on 7/30/2021. (jmj)
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Filing 84
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 7/29/2021. Attorneys Kevin P. Green and Daniel Levy appear on behalf of Plaintiff. Attorney Charles Insler appears on behalf of Innovative Heights Fairview Heights, LLC. Attorney Thomas M. Wolf appears on behalf of Pathfinder Software LLC. The parties discuss the scheduling dispute submitted in the joint statement. The Court considers oral argument from Plaintiff and Pathfinder. The Court advises the parties as to the initial thoughts on the issue and will take the issue under advisement. A new scheduling order to issue. A status conference will be set by separate notice to follow up on the progress of discovery. (Court Reporter Hannah Jagler.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 83
NOTICE of Hearing: Status Conference set for 7/29/2021 at 11:00 AM before Magistrate Judge Mark A. Beatty via ZOOM. The parties will receive ZOOM invitations via email from the Court. The parties should be prepared to discuss the scheduling dispute submitted in their joint statement. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 82
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #81 Notice (Other), Staff Notes. Documents forwarded by USCA had incorrect case number.Refiled in correct case.(kls3)
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Filing 81
STRICKEN. NOTICE from USCA-7: Short Record of Petition for Permission to Appeal from Remand Order filed by Defendant Pathfinder Software, LLC directly with the appellate court. Appellate Court Appeal No. 21-8020. (kls3) Modified on 7/9/2021 (kls3).
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Filing 80
ORDER. The parties were directed during the May 27, 2021 status conference to submit an amended joint proposed scheduling order by June 7, 2021 (Doc. 74). In the submitted scheduling order, the parties disagree as to the inclusion of third-party discovery deadlines. The parties appear to ask the Court to determine whether this third-party discovery should be included at this time, but do not detail what efforts were made to resolve this scheduling dispute without the Court's intervention. These types of scheduling issues are the type the Court normally expects the parties to resolve informally. Although not precisely a discovery dispute in nature, the undersigned's case management procedures require a good faith effort before involving the Court. A good faith effort means more than simply an exchange of letter or emails; it means the parties have attempted to resolve the dispute through a telephone call, videoconference, or an in-person meeting. Accordingly, the undersigned encourages the parties to attempt to resolve this matter informally through a telephone conference or videoconference. If, after meeting and conferring, the parties are unable to reach an agreement, they may then turn to the Court for help. Accordingly, the parties are DIRECTED to resubmit their amended joint proposed scheduling order on or before July 7, 2021. If, after meeting and conferring, the parties still disagree about certain provisions of the order, they should provide the Court with an explanation of their attempts to resolve the issue prior to submitting the proposed schedule to the Court. Signed by Magistrate Judge Mark A. Beatty on 6/24/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 79
ORDER granting #76 Motion to Withdraw. Attorney Glenn E. Davis terminated as counsel for Defendant Pathfinder. Signed by Magistrate Judge Mark A. Beatty on 6/11/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 78
ORDER granting #77 Motion to Withdraw as Attorney. Attorney Charles Noah Insler terminated as counsel for Defendant Pathfinder. Signed by Magistrate Judge Mark A. Beatty on 6/11/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 77
MOTION to Withdraw as Attorney by Pathfinder Software LLC. (Insler, Charles)
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Filing 76
MOTION to Withdraw by Pathfinder Software LLC. (Davis, Glenn)
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Filing 75
ORDER DENYING #51 Defendant Pathfinder's motion to strike the Centeredge class allegations consistent with the attached Memorandum and Order. This motion, and the Court's reasoning, was also discussed on the record during the May 27, 2021 status conference (Doc. 74). The parties are reminded that they are to submit a joint amended proposed scheduling order on or before June 7, 2021. Signed by Magistrate Judge Mark A. Beatty on 6/3/2021. (spl)
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Filing 74
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 5/27/2021. Attorneys Kevin P. Green, Richard S. Cornfeld, and Daniel Scott Levy appear on behalf of Plaintiff. Charles Noah Insler appears on behalf of Innovative Heights Fairview Heights, LLC. Thomas M. Wolf appears on behalf of Pathfinder Software LLC. The parties discuss the pending #51 Motion to Strike the Centeredge Class Allegations and the joint motion to amend the scheduling order (Doc. 32), filed on April 29, 2021 in their related case (3:20-cv-01332-MAB). The Court hears oral arguments relating to the Motion to Strike from both parties. The Court DENIES #51 Motion to Strike the Centeredge Class Allegations. Order to Issue. The joint motion to amend the scheduling order is GRANTED. The parties are DIRECTED to submit a joint amended proposed scheduling order by June 7, 2021. (Court Reporter Stephanie Rennegarbe.) (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 73
NOTICE of Hearing: Telephonic Status Conference set for 5/27/2021 at 10:00 AM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0046.(jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 72
ORDER GRANTING #71 Motion for Status. The parties jointly request a status conference to discuss discovery and scheduling issues in this matter. The motion is GRANTED and a status conference will be set by separate Order. Additionally, the parties should be prepared to discuss their joint motion to amend the scheduling order (Doc. 32), filed on April 29, 2021 in their related case (3:20-cv-01332-MAB), as it appears to be related to some of the documents listed in this matter and may have been filed in the incorrect case. Signed by Magistrate Judge Mark A. Beatty on 5/19/2021. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 71
Joint MOTION for status Conference by Madisyn Stauffer. (Green, Kevin)
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Filing 70
PROTECTIVE ORDER GRANTING #68 Motion for Protective Order. Signed by Magistrate Judge Mark A. Beatty on 3/17/2021. (spl)
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Filing 69
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 3/17/2021. Kevin Green, Richard Cornfeld and Daniel Levy appear on behalf of Plaintiffs. Charles Insler and Thomas Wolf appear on behalf of Defendants. Counsel provides status as to progress of case. The Court will enter the confidentiality order submitted by defendants. The pending motions in the case remain under review by the Court. Status hearing set for Tuesday - August 10th at 10:00 a.m. to discuss case progress. Instructions to join the call are as follows: Call toll free 877-336-1829; when prompted, enter Access Code 4442281; followed by Security Code 4471. (lmt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 68
MOTION for Protective Order Agreed Motion for Entry of Confidentiality Order by Pathfinder Software LLC. (Wolf, Thomas)
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Filing 67
ORDER: Due to a conflict in the Court's schedule, the telephonic status conference set for March 8, 2021 is CANCELLED and RESET for 3/17/2021 at 10:00 AM before Magistrate Judge Mark A. Beatty. Instructions for joining the conference call are as follows: (1) call toll-free, 1-877-336-1829; (2) when prompted, enter the Access Code: 4442281; (3) followed by the Security Code: 0046. Signed by Magistrate Judge Mark A. Beatty on 2/12/2021. (jmj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 66
ANSWER to #65 Counterclaim by Innovative Heights Fairview Heights, LLC.(Insler, Charles)
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Filing 65
COUNTERCLAIM for Contribution and Indemnity against Innovative Heights Fairview Heights, LLC, filed by Pathfinder Software LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kantrow, Josh)
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Filing 64
ORDER GRANTING #62 Pathfinder Software LLC's Motion for Leave to File Its Counterclaim. Defendant Pathfinder Software requests leave to file its counterclaim for contribution and indemnity against Defendant Innovative Heights Fairview Heights, LLC. Defendant Innovative Heights does not oppose this motion (see Doc. 63). Accordingly, Defendant Pathfinder Software's motion is GRANTED. Pathfinder Software should file its counterclaim instanter. Signed by Magistrate Judge Mark A. Beatty on 11/23/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 63
RESPONSE to Motion re #62 MOTION for Leave to File its Counterclaim for Contribution and Indemnity filed by Innovative Heights Fairview Heights, LLC. (Insler, Charles)
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Filing 62
MOTION for Leave to File its Counterclaim for Contribution and Indemnity by Pathfinder Software LLC. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit A-3)(Kantrow, Josh)
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Filing 61
ORDER DENYING #60 Motion to Strike Reply. Plaintiff has moved to strike the reply brief filed by Defendant Pathfinder in support of its motion to strike certain class allegations (Doc. 59). Plaintiff contends that Defendant has not sufficiently demonstrated exceptional circumstances under Local Rule 7.1(c) to justify a reply brief. More specifically, Plaintiff argues that Defendant's reply is simply a reiteration of their previous arguments in the Motion to Strike Class Allegations (Doc. 51). While it is true that reply briefs are disfavored, looked at broadly, a motion to strike a reply is disfavored just as much, if not more, than the reply brief itself. The Court is cognizant of Local Rule 7.1(c) and is fully capable of recognizing and disregarding an unwarranted reply brief (and will do so here, if appropriate, when it issues an order on the motion) without additional briefing by the parties. Plaintiff's motion to strike a reply brief merely generates another round of briefing that the Court must read and address. Accordingly, the Court DENIES #60 Plaintiff's motion to strike Defendant's reply brief.Signed by Magistrate Judge Mark A. Beatty on 11/5/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 60
MOTION to Strike #59 Reply to Response to Motion, by Madisyn Stauffer. (Cornfeld, Richard)
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Filing 59
REPLY to Response to Motion re #52 Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION to Strike the Centeredge Class Allegations Pathfinder Software, LLC's Reply Brief in Support of it Motion to Strike the Centeredge Class Allegations filed by Pathfinder Software LLC. (Kantrow, Josh)
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Filing 58
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #57 Notice (Other) filed by Pathfinder Software LLC. See Rule 26.1(b) Filing of Disclosure and Discovery. Interrogatories under Federal Rule of Civil Procedure 33 and the answers thereto, requests for production or inspection under Federal Rule of Civil Procedure 34, and depositions under Federal Rules of Civil Procedure 30 and 31 shall be served upon other counsel or parties but shall not be filedwith the court. This includes notice of service of discovery documents. The party responsible for service of the discovery material shall retain the original and become the custodian thereof. (ack)
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Filing 57
STRICKEN NOTICE by Pathfinder Software LLC Certificate of Service (Kantrow, Josh) Modified on 10/28/2020 (ack).
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Filing 56
RESPONSE to Motion re #51 MOTION to Strike the Centeredge Class Allegations filed by Madisyn Stauffer. (Cornfeld, Richard)
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Filing 55
SCHEDULING ORDER (Class Action): Signed by Magistrate Judge Mark A. Beatty on 10/5/2020. (Attachments: #1 Joint Report of Parties)(lmt)
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Filing 54
Minute Entry for proceedings held before Magistrate Judge Mark A. Beatty: Status Conference held on 10/5/2020. Attorneys Kevin P. Green, Richard S. Cornfeld, Daniel Scott Levy appear on behalf of Plaintiff. Charles Noah Insler appears on behalf of Innovative Heights Fairview Heights, LLC. Thomas M. Wolf appears on behalf of Pathfinder Software LLC.. The Court has reviewed the Joint Report of Parties and finds it conforms with the Local Rules established by the district court for the Southern District of Illinois. The report is accepted and will be made part of the docket. The Court discusses its settlement conference procedures and advises counsel of the process. The Court also discusses discovery dispute procedures with the parties and counsel is directed to consult the undersigned case management procedures regarding discovery disputes. Status conference is set for Monday, March 8, 2021 at 10:30 a.m. to discuss the progress of discovery. Instructions to join the call are as follows: Call toll free 877-336-1829; when prompted, enter Access Code 4442281; followed by Security Code 4471. (Court Reporter N/A.) (lmt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 53
ORDER GRANTING #52 Plaintiff's Unopposed Motion for Extension of Time to File Response/Reply. Plaintiff's response to Defendant Pathfinder's motion to strike is now due on or before October 15, 2020. Signed by Magistrate Judge Mark A. Beatty on 9/24/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Set/Reset Deadlines as to #51 MOTION to Strike the Centeredge Class Allegations. Responses due by 10/15/2020 (ack)
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Filing 52
Consent MOTION for Extension of Time to File Response/Reply as to #51 MOTION to Strike the Centeredge Class Allegations by Madisyn Stauffer. (Cornfeld, Richard)
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Filing 51
MOTION to Strike the Centeredge Class Allegations by Pathfinder Software LLC. (Attachments: #1 Exhibit A)(Wolf, Thomas)
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Filing 50
PathFinder Software, LLC's Answer and Affirmative Defenses to Plaintiff's First Amended Class Action Complaint ANSWER to Complaint by Pathfinder Software LLC.(Wolf, Thomas)
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Filing 49
ORDER granting #48 Uncontested Motion for Extension of Time to Answer. Defendant Pathfinder's Answer is now due on or before September 17, 2020. Signed by Magistrate Judge Mark A. Beatty on 9/4/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 48
MOTION for Extension of Time to File Answer Defendant Pathfind Software, LLC's Uncontested Motion for an Extension of Time and to Vacate Any Technical Defaults by Pathfinder Software LLC. (Wolf, Thomas)
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Filing 47
ORDER SETTING SCHEDULING CONFERENCE: Telephonic Scheduling Conference set for 10/5/2020 at 11:30 AM before Magistrate Judge Mark A. Beatty. Joint Report of the Parties is due seven days before the conference. The parties are reminded that the proposed discovery and dispositive motions deadlines must be in compliance with the requirements set forth in this Court's form order. See also SDIL-LR 7.1(f) and Timetable. Instructions for joining the conference call are as follows: Call toll free 877-336-1829; when prompted, enter Access Code 4442281; followed by Security Code 0046.(rah)
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Filing 46
CJRA TRACK D assigned: Final Pretrial Conference set for 7/21/2022 at 9:00 AM in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. Jury Trial Month set for August 2022 in East St. Louis Courthouse before Magistrate Judge Mark A. Beatty. (rah)
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Filing 45
Acknowledgement from Twentieth Judicial Circuit, St. Clair County (ack)
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Filing 44
Letter to Twentieth Judicial Circuit, St. Clair County, Regarding Remand of Plaintiffs BIPA Section 15(a). (ack)
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Filing 43
ORDER DENYING #21 Defendant Pathfinder's Motion to Dismiss; GRANTING in part and DENYING in part #27 Plaintiff Stauffer's Motion to Remand to State Court. The Court retains jurisdiction over Plaintiff's BIPA Section 15(b) claims as they pertain to both Defendants Innovative Heights and Pathfinder. The Court remands Plaintiff's BIPA Section 15(a) claims to the Twentieth Judicial Circuit, St. Clair County, Illinois, consistent with the attached Memorandum and Order. Signed by Magistrate Judge Mark A. Beatty on 8/19/2020. (spl)
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Filing 42
Order DENYING #41 Defendant Pathfinder's Motion for Leave to File a Reply. The parties have already fully briefed this issue to the Court and additional arguments are unnecessary at this time. If the Court determines that additional information is needed, this matter will be set for oral argument. Accordingly, Defendant Pathfinder's motion is DENIED. Signed by Magistrate Judge Mark A. Beatty on 7/1/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 41
MOTION for Leave to File Reply in Support of its Supplemental Brief by Pathfinder Software LLC. (Attachments: #1 Exhibit 1)(Kantrow, Josh)
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Filing 40
RESPONSE to #39 Response in Opposition to Motion for Remand filed by Madisyn Stauffer. (Cornfeld, Richard)
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Filing 39
RESPONSE in Opposition re #27 MOTION to Remand to State Court filed by Pathfinder Software LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mossman-Canfield, Kendall)
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Filing 38
Order GRANTING #34 Defendant Pathfinder's Motion for Leave to File a Supplemental Brief in Opposition to Plaintiff's Motion for Remand. Defendant Pathfinder has until June 15, 2020 to file its supplemental brief. Plaintiff will then have seven days until June 22, 2020 to respond to Defendant Pathfinder's supplemental brief. Plaintiff's response should be no more than three pages in length. Signed by Magistrate Judge Mark A. Beatty on 6/12/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 37
RESPONSE to Motion re #34 MOTION for Leave to File a Supplemental Brief in Opposition to Plaintiff's Motion for Remand filed by Madisyn Stauffer. (Cornfeld, Richard)
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Filing 36
ORDER granting #35 Motion to Appear Pro Hac Vice by Attorney Thomas M. Wolf on behalf of Pathfinder Software LLC. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 35
MOTION to Appear Pro Hac Vice by Attorney Thomas M. Wolf $200 fee paid,receipt number 0754-4183557 by on behalf of Pathfinder Software LLC. (Wolf, Thomas)
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Filing 34
MOTION for Leave to File a Supplemental Brief in Opposition to Plaintiff's Motion for Remand by Pathfinder Software LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kantrow, Josh)
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Filing 33
REPLY to Response to Motion re #27 MOTION to Remand to State Court filed by Madisyn Stauffer. (Cornfeld, Richard)
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Filing 32
RESPONSE in Opposition re #27 MOTION to Remand to State Court filed by Pathfinder Software LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kantrow, Josh)
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Filing 31
REPLY to Response to Motion re #21 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint Defendant's Reply in Support of its Motion to Dismiss Plaintiff's First Amended Class Action Complaint filed by Pathfinder Software LLC. (Attachments: #1 Exhibit A)(Kantrow, Josh)
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Filing 30
MEMORANDUM in Opposition re #22 MOTION for Leave to File Defendant Pathfinder Software, LLC's Motion for Leave to File A Supplemental Brief in Support of its Motion to Dismiss filed by Madisyn Stauffer. (Cornfeld, Richard)
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Filing 29
ORDER GRANTING #28 Motion for Reconsideration. The Court inadvertently miscalculated Plaintiff's deadline to respond to #22 Motion to Supplement. Consequently, the Order entered on March 11, 2020 at Doc. 26 is VACATED. Plaintiff is directed to file her response to #22 Motion to Supplement on or before March 17, 2020. Signed by Magistrate Judge Mark A. Beatty on 3/13/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 28
MOTION for Reconsideration re 26 Order on Motion for Leave to File,,, by Madisyn Stauffer. (Attachments: #1 Exhibit A)(Cornfeld, Richard)
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Filing 27
MOTION to Remand to State Court by Madisyn Stauffer. Responses due by 4/16/2020 (Cornfeld, Richard)
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Filing 26
ORDER granting #22 Motion for Leave to File. Defendant Pathfinder Software, LLC d/b/a CenterEdge Software ("CenterEdge") has through March 20 to file its supplemental brief in support of its Motion to Dismiss. If CenterEdge plans to file a reply brief to Plaintiff's Response to the Motion to Dismiss (Doc. 23), both the supplemental brief and reply brief should be filed at the same time as separate docket entries. Additionally, the supplemental brief should be included in CenterEdge's notice to the Illinois Attorney General (Doc. 24). Plaintiff has 30 days after Defendant's supplemental brief is filed to file a response to the supplemental brief (not to exceed 350 words). Defendant CenterEdge will not be permitted to file a reply to Plaintiff's response to the supplemental brief. Signed by Magistrate Judge Mark A. Beatty on 3/11/2020. (spl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 25
NOTICE by Pathfinder Software LLC Notice of Constitutional Challenge to State Statute (Kantrow, Josh)
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Filing 24
ORDER: The motion to dismiss filed by Defendant Pathfinder Software LLC d/b/a CenterEdge Software LLC includes an argument that the Illinois Biometric Information Privacy Act, 740 ILCS 14/5 et seq., is unconstitutional (Doc. 21). Neither the State of Illinois, nor one of its agencies, officers, or employees is a party to this case. Under these circumstances, Federal Rule of Civil Procedure 5.1 requires Defendant to file and serve a notice, along with its motion to dismiss, on the Illinois Attorney General. Defendant did not file such a notice at the time it filed its motion to dismiss. Consequently, Defendant is ORDERED to file and serve a notice and its motion to dismiss on the Illinois Attorney General in accordance with Rule 5.1 by March 24, 2020. Signed by Magistrate Judge Mark A. Beatty on 3/10/20. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 23
RESPONSE to Motion re #21 MOTION to Dismiss Plaintiff's First Amended Class Action Complaint filed by Madisyn Stauffer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Cornfeld, Richard)
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Filing 22
MOTION for Leave to File Defendant Pathfinder Software, LLC's Motion for Leave to File A Supplemental Brief in Support of its Motion to Dismiss by Pathfinder Software LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kantrow, Josh)
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Filing 21
MOTION to Dismiss Plaintiff's First Amended Class Action Complaint by Pathfinder Software LLC. Responses due by 3/9/2020 (Attachments: #1 Exhibit 1)(Kantrow, Josh)
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Filing 20
NOTICE of Appearance by Kevin P. Green on behalf of Madisyn Stauffer (Green, Kevin)
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Filing 19
NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Mark A. Beatty is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 20-46-MAB. Any District Judge previously assigned will no longer be assigned to this case. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Cornfeld, Richard) Modified on 1/31/2020 (ack).
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Filing 17
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Insler, Charles)
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Filing 16
NOTICE of Appearance by Daniel Scott Levy on behalf of Madisyn Stauffer (Levy, Daniel)
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Filing 15
ORDER granting #14 Motion to Appear Pro Hac Vice as to Attorney Josh M. Kantrow on behalf of Pathfinder Software LLC (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
MOTION to Appear Pro Hac Vice by Attorney Josh M. Kantrow $200 fee paid,receipt number 0754-4095530 by on behalf of Pathfinder Software LLC. (Kantrow, Josh)
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Filing 13
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Insler, Charles)
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Filing 12
NOTICE by All Defendants Not of Filing NOR w/state court accepted (Insler, Charles)
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Filing 11
ORDER GRANTING #10 Motion for Extension of Time. For good cause shown, the deadline for Defendant to file its answer or other responsive pleading is EXTENDED to February 5, 2020. Signed by Magistrate Judge Mark A. Beatty on 1/15/2019. (klh2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
MOTION for Extension of Time Unopposed Mot for Extension of Time to Answer, Plead, or Otherwise Move in Response to the First Amended Complaint by Pathfinder Software LLC. (Insler, Charles)
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Filing 9
NOTICE of Appearance by Kendall J. Mossman-Canfield on behalf of Pathfinder Software LLC (Mossman-Canfield, Kendall)
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Filing 8
NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Mark A. Beatty pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Innovative Heights Fairview Heights, LLC, Pathfinder Software LLC, Madisyn Stauffer. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 20-46-MAB. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 2/3/2020 (Attachments: #1 Consent Brochure)(ack)
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Filing 7
NOTICE of Appearance by Glenn E. Davis on behalf of Pathfinder Software LLC d/b/a Centeredge Software, LLC (Davis, Glenn)
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Filing 6
NOTICE of Appearance by Glenn E. Davis on behalf of Innovative Heights Fairview Heights, LLC (Davis, Glenn)
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Filing 5
Corporate Disclosure Statement by Pathfinder Software LLC d/b/a Centeredge Software, LLC. (Insler, Charles)
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Filing 4
Corporate Disclosure Statement by Innovative Heights Fairview Heights, LLC. (Insler, Charles)
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Filing 3
NOTICE of Appearance by Charles Noah Insler on behalf of Pathfinder Software LLC d/b/a Centeredge Software, LLC (Insler, Charles)
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Filing 2
NOTICE of Appearance by Charles Noah Insler on behalf of Innovative Heights Fairview Heights, LLC (Insler, Charles)
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Filing 1
NOTICE OF REMOVAL from St. Clair County, case number 19L0311 ( Filing fee $ 400 receipt number 0754-4084088), filed by All Defendants. (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B - Burnett Declaration, #3 Civil Cover Sheet)(Insler, Charles)
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