Hensiek et al v. Board of Directors of Casino Queen Holding Company, Inc. et al
Plaintiff: Jason Gill, Tom Hensiek and Lillian Wrobel
Defendant: Robert Barrows, Charles W Bidwill, III, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson, James G Koman, Timothy J Rand, John & Jane Does 1-20, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Casino Queen Board of Directors, Charles Bidwell, III, Charles Bidwill, III, Co-Trustees of the Casino Queen Employee Stock Ownership Plan, Mary C. Bidwill, Brian R. Bidwill, Patricia M. Bidwill, Shauna Bidwill Valenzuela, The Bidwill Succession Trust, its Trustee, and any beneficiaries of said Trust, Bidwill Kasino Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust, William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust, Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust and James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust
3Rd Party Defendant: Casino Queen, Inc., CQ Holding Company, Inc., Franklin Toti, Joan Kenny Rose, Philip B. Kenny, James C. Kenny, Michael Gaughan, Mary Ann Kenny Smith, Patrick B. Kenny, John E. Kenny, Jr. and GreatBanc Trust
Case Number: 3:2020cv00377
Filed: April 27, 2020
Court: U.S. District Court for the Southern District of Illinois
Presiding Judge: David W Dugan
Referring Judge: Staci M Yandle
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
Jury Demanded By: Defendant
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Docket Report

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Date Filed Document Text
May 10, 2023 Opinion or Order Filing 478 REPLY to Response to Motion re #451 MOTION to Dismiss Third Party Complaint filed by GreatBanc Trust. (Callahan, Nicholas)
May 9, 2023 Opinion or Order Filing 477 REPLY to Response to Motion re #461 Second MOTION for Entry of Default Against Mary C. Bidwill and Memorandum in Opposition to Mary C. Bidwill's Motion to Quash (ECF 460) filed by All Plaintiffs. (Attachments: #1 Declaration of Ryan A. Wheeler, #2 Exhibit A - Waiver of Service and Proof of Delivery)(Wheeler, Ryan)
May 3, 2023 Opinion or Order Filing 476 RESPONSE to Motion re #461 Second MOTION for Entry of Default Against Mary C. Bidwill and Memorandum in Opposition to Mary C. Bidwill's Motion to Quash (ECF 460) filed by Mary C. Bidwill. (Eisenberg, Ardyth)
May 2, 2023 Opinion or Order Filing 475 ORDER granting #462 Motion to Supplement, #474 Motion for Extension of Time. Now before the Court are two motions filed by Third-Party Defendants James C. Kenny, John E. Kenny, Jr., Patrick B. Kenny, Philip B. Kenny, and Joan Kenny Rose (hereinafter, the "Third-Party Defendants"). By Motion dated April 21, 2023, the Third-Party Defendants seek leave to file a supplemental brief in support of their pending Motion to Dismiss the Complaint filed by Third-Party Plaintiffs, The Board of Directors of CQ Holding Company, Inc., The Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson, and Robert Barrows (hereinafter, the "Third-Party Plaintiffs") (Doc. 462). This Supplement (Doc. 462-1) seeks to add an additional ground for dismissal omitted from the Third-Party Defendants' original motion at Doc. 430. Specifically, the Third-Party Defendants seek to argue that the Third-Party Plaintiffs' Complaint is not appropriate under Fed. R. Civ. P. 14. The Motion to Supplement (Doc. 462) did not indicate the position of the Third-Party Plaintiffs, although the Third-Party Defendants stated they would not oppose the Court granting the Third-Party Plaintiffs additional time to respond to this new argument. Further, on April 27, 2023, the Third-Party Plaintiffs filed their Response in Opposition to the Third-Party Defendants' Motion to Dismiss (Doc. 473). In this Response (Doc. 473), the Third-Party Plaintiffs did not indicate their position as to the Motion to Supplement, but instead asked for additional time to respond to this Supplement if the Court chose to grant the Motion. Now, by their Agreed Motion dated May 2, 2023 (Doc. 474), the Third-Party Defendants seek an extension of their reply deadline to accommodate additional briefing on the arguments raised in their Motion to Supplement. Although the response deadline to the Third-Party Defendants' Motion to Supplement has not yet passed, see SDIL-LR 7.1, the Court construes the representations made by the parties in the Third-Party Plaintiffs' Response (Doc. 473) and the Agreed Motion (Doc. 474) as raising no objections to the Motion to Supplement. Accordingly, the Court GRANTS the Motion to Supplement (Doc. 462) and Motion for Extension of Time (Doc. 474). The Supplement at Doc. 462-1 is deemed filed, and no further action is necessary. The Third-Party Plaintiffs may file a response to the Supplement by June 1, 2023. Reply briefs may be filed, if appropriate under SDIL-LR 7.1(c) by June 15, 2023. Absent extraordinary circumstances, no extensions of these deadlines will be permitted. Signed by Judge David W. Dugan on 5/2/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 2, 2023 Opinion or Order Filing 474 MOTION for Extension of Time to File Response/Reply Agreed by James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose. (Schriver, John)
April 27, 2023 Opinion or Order Filing 473 RESPONSE in Opposition re #430 MOTION to Dismiss Third-Party Complaint filed by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson. (Rice, Joel)
April 27, 2023 Opinion or Order Filing 472 RESPONSE in Opposition re #449 MOTION to Dismiss for Failure to State a Claim (Third-Party Defendants Michael Gaughan's and Franklin Toti's Partial Motion to Dismiss Third-Party Complaints (ECF Nos. 153 and 154)) filed by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson. (Rice, Joel)
April 26, 2023 Opinion or Order Filing 471 RESPONSE in Opposition re #451 MOTION to Dismiss Third Party Complaint filed by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
April 26, 2023 Opinion or Order Filing 470 REPLY to Response to Motion re #432 MOTION to Dismiss Third-Party Complaint filed by Philip B. Kenny. (Schriver, John)
April 24, 2023 Opinion or Order Filing 469 ANSWER to #157 Answer to Amended Complaint,,,, Crossclaim,,, by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson.(Rice, Joel)
April 24, 2023 Opinion or Order Filing 468 ANSWER to #154 Answer to Amended Complaint,,,, Third Party Complaint,,,, Crossclaim,,,, Counterclaim,,, by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Casino Queen, Inc., Jeffrey Watson.(Rice, Joel)
April 21, 2023 Opinion or Order Filing 467 ANSWER to #144 Amended Complaint,,,, by Brian R. Bidwill.(Croghan, Michael)
April 21, 2023 Opinion or Order Filing 466 ANSWER to #144 Amended Complaint,,,, by Patricia M. Bidwill.(Croghan, Michael)
April 21, 2023 Opinion or Order Filing 465 Defendant Shauna Valenzuela's ANSWER to #144 Amended Complaint,,,, and Affirmative Defenses to Plaintiffs' First Amended Complaint - Jury Trial Demanded on all Claims and Causes of Action Subject to Trial by Jury by Shauna Bidwill Valenzuela.(Barron, Ann)
April 21, 2023 Opinion or Order Filing 464 RESPONSE in Opposition re #432 MOTION to Dismiss Third-Party Complaint filed by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
April 21, 2023 Opinion or Order Filing 463 RESPONSE in Opposition re #449 MOTION to Dismiss for Failure to State a Claim (Third-Party Defendants Michael Gaughan's and Franklin Toti's Partial Motion to Dismiss Third-Party Complaints (ECF Nos. 153 and 154)) filed by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
April 21, 2023 Opinion or Order Filing 462 MOTION to Supplement Brief by James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose. (Attachments: #1 Exhibit A)(Schriver, John)
April 11, 2023 Opinion or Order Filing 461 Second MOTION for Entry of Default Against Mary C. Bidwill and Memorandum in Opposition to Mary C. Bidwill's Motion to Quash (ECF 460) by All Plaintiffs. (Wheeler, Ryan)
March 30, 2023 Opinion or Order Filing 460 MOTION to Quash by Mary C. Bidwill. (Eisenberg, Ardyth)
March 30, 2023 Opinion or Order Filing 459 Order Granting #458 MOTION to Appear Pro Hac Vice by Attorney Ardyth J Eisenberg on behalf of Mary C. Bidwill.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 30, 2023 Opinion or Order Filing 458 MOTION to Appear Pro Hac Vice by Attorney Ardyth J Eisenberg by on behalf of Mary C. Bidwill. (Eisenberg, Ardyth)
March 29, 2023 Opinion or Order Filing 457 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #456 Motion to Appear Pro Hac Vice filed by Mary C. Bidwill. Signature omitted. See Section 2.0: page 2.1 of Users Manual. E-filer is instructed to re-file documents. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 29, 2023 Opinion or Order Filing 456 STRICKEN MOTION to Appear Pro Hac Vice by Attorney Ardyth J Eisenberg $200 fee paid,receipt number AILSDC-5037474 by on behalf of Mary C. Bidwill. (Eisenberg, Ardyth)
March 28, 2023 Opinion or Order Filing 455 ORDER denying #446 Motion for Entry of Default. On March 24, 2023, Plaintiffs filed their Motion for Entry of Default requesting the entry of a default against Defendant Mary C. Bidwill (Doc. 446). Plaintiffs allege that Defendant Mary C. Bidwill was served on July 21, 2022. Plaintiffs filed an affidavit of service on July 26, 2022 (Doc. 277). According to the affidavit, on July 21, 2022, the process server: "delivered a copy of the Summons and First Amended Class Action Complaint directed to Mary C. Bidwill at 770 Skokie Boulevard, Northbrook, Illinois 60062 by leaving the documents at the usual place of abode of Mary C. Bidwill with Frank Doe, who is a Leasing Consultant for 770 Skokie Boulevard, Northbrook, Illinois 60062" (Doc. 277). Fed. R. Civ. P. 4(e) provides that an individual may be served in accordance with state law or by: (A) delivering a copy of the summons of the complaint to the individual personally, (B) leaving a copy of the documents "at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there", or (C) by delivering a copy of each to an agent authorized by appointment or by law to receive service of process. See Fed. R. Civ. P. 4(e)(1)-(2); see also 735 ILCS 5/2203(a) ("[S]ervice of summons upon an individual shall be made by leaving a copy at the defendant's usual place of abode, with some person of the family or a person residing there, of the age of 13 years or upwards, and informing that person of the contents of the summons, provided the officer or other person making service shall also send a copy of the summons in a sealed envelope with postage fully prepaid, addressed to the defendant at his or her usual place of abode."). Here, Plaintiffs appear to invoke one of the provisions for substitute service, however, it is unclear based on the affidavit whether all requirements for substitute service have been accomplished. It is also unclear whether the individual leasing consultant resides in Defendant's dwelling or is otherwise authorized to accept process on Defendant's behalf. Therefore, Plaintiffs' Motion for Entry of Default (Doc. 446) is DENIED, without prejudice. Plaintiffs are granted leave to refile their Motion by April 11, 2023. Plaintiffs are DIRECTED to provide additional support or an Affidavit to the Court identifying the position of the individual served and detailing how the individual served is one whom service can be properly effected on behalf of Defendant Mary C. Bidwill. (Action due by 4/11/2023). Signed by Judge David W. Dugan on 3/28/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 28, 2023 Opinion or Order Filing 454 ORDER granting #445 Motion for Extension of Time. By Motion dated March 24, 2023, Third-Party and Contingent Crossclaim Defendants, Casino Queen, Inc., CQ Holding Company, Inc., the Board of Directors of CQ Holding Company, Inc., the Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson, and Robert Barrows ("Defendants"), request an additional 28-days to respond to the pending crossclaims and third-party claims filed by Third-Party and Crossclaim Plaintiffs Charles Bidwill and Timothy Rand (Doc. 154), and James Koman (Doc. 157). Bidwill, Rand, and Koman do not oppose this request. For good cause shown, the Motion (Doc. 445) is GRANTED. Defendants' response deadline to the claims at Docs. 154 and 157 is extended to April 24, 2023. Signed by Judge David W. Dugan on 3/28/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 27, 2023 Opinion or Order Filing 453 RESPONSE TO ORDER TO SHOW CAUSE by All Plaintiffs filed by All Plaintiffs. (Attachments: #1 Declaration of Ryan A. Wheeler, #2 Exhibit A (Deposition Transcript Excerpts of Charles Bidwill III))(Wheeler, Ryan)
March 27, 2023 Opinion or Order Filing 452 MEMORANDUM in Support re #451 MOTION to Dismiss Third Party Complaint filed by GreatBanc Trust. (Stetson, Roger)
March 27, 2023 Opinion or Order Filing 451 MOTION to Dismiss Third Party Complaint by GreatBanc Trust. (Stetson, Roger)
March 27, 2023 Opinion or Order Filing 450 MEMORANDUM in Support re #449 MOTION to Dismiss for Failure to State a Claim (Third-Party Defendants Michael Gaughan's and Franklin Toti's Partial Motion to Dismiss Third-Party Complaints (ECF Nos. 153 and 154)) filed by Michael Gaughan, Franklin Toti. (Rovak, Stephen)
March 27, 2023 Opinion or Order Filing 449 MOTION to Dismiss for Failure to State a Claim (Third-Party Defendants Michael Gaughan's and Franklin Toti's Partial Motion to Dismiss Third-Party Complaints (ECF Nos. 153 and 154)) by Michael Gaughan, Franklin Toti. (Rovak, Stephen)
March 27, 2023 Opinion or Order Filing 448 ANSWER to #154 Answer to Amended Complaint,,,, Third Party Complaint,,,, Crossclaim,,,, Counterclaim,,, by James G Koman.(Golumbic, Lars)
March 27, 2023 Opinion or Order Filing 447 ANSWER to #153 Answer to Amended Complaint,,, Third Party Complaint,,, Crossclaim,, by James G Koman.(Golumbic, Lars)
March 24, 2023 Opinion or Order Filing 446 MOTION for Entry of Default Against Defendant Mary Bidwill by All Plaintiffs. (Attachments: #1 Declaration of Michelle C. Yau)(Yau, Michelle)
March 24, 2023 Opinion or Order Filing 445 MOTION for Extension of Time to File Answer re #154 Answer to Amended Complaint,,,, Third Party Complaint,,,, Crossclaim,,,, Counterclaim,,, #157 Answer to Amended Complaint,,,, Crossclaim,,, by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., CQ Holding Company, Inc., Casino Queen, Inc., Jeffrey Watson. (Rice, Joel)
March 24, 2023 Opinion or Order Filing 444 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #443 Motion for Extension of Time to File Answer, filed by Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Casino Queen, Inc., Jeffrey Watson, Board of Directors of Casino Queen Holding Company, Inc.. Login used and signature do not match. Filer will re-file documents. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 24, 2023 Opinion or Order Filing 443 STRICKEN MOTION for Extension of Time to File Answer re #154 Answer to Amended Complaint,,,, Third Party Complaint,,,, Crossclaim,,,, Counterclaim,,, #157 Answer to Amended Complaint,,,, Crossclaim,,, by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Casino Queen, Inc., Jeffrey Watson. (Lanciloti, Daniel)
March 23, 2023 Opinion or Order Filing 442 ANSWER to #153 Answer to Amended Complaint,,, Third Party Complaint,,, Crossclaim,, by Charles Bidwill, III, Timothy J Rand.(Norwood, Ronald)
March 23, 2023 Opinion or Order Filing 441 ANSWER to #157 Answer to Amended Complaint,,,, Crossclaim,,, by Charles Bidwill, III, Timothy J Rand.(Norwood, Ronald)
March 23, 2023 Opinion or Order Filing 440 MEMORANDUM in Support re #402 MOTION to Dismiss for Lack of Jurisdiction filed by Charles Bidwill, III, Timothy J Rand. (Attachments: #1 Exhibit A - Norwood Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Norwood, Ronald)
March 22, 2023 Opinion or Order Filing 439 ANSWER to #144 Amended Complaint,,,, by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust.(Golumbic, Lars)
March 22, 2023 Opinion or Order Filing 438 ANSWER to #144 Amended Complaint,,,, The William J. Koman Sr. Trust Defendants' Answer to Plaintiffs' First Amended Complaint by William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust.(Russell, Jeffrey)
March 22, 2023 Opinion or Order Filing 437 ANSWER to #144 Amended Complaint,,,, The William J. Koman Jr. Trust Defendants' Answer to Plaintiffs' First Amended Complaint by William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust.(Russell, Jeffrey)
March 22, 2023 Opinion or Order Filing 436 ANSWER to #144 Amended Complaint,,,, The Karen L. Hamilton Trust Defendants' Answer to Plaintiffs' First Amended Complaint by Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust.(Russell, Jeffrey)
March 22, 2023 Opinion or Order Filing 435 ANSWER to #144 Amended Complaint,,,, The Janis A. Koman Trust Defendants' Answer to Plaintiffs' First Amended Complaint by Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust.(Russell, Jeffrey)
March 22, 2023 Opinion or Order Filing 434 ANSWER to #144 Amended Complaint,,,, The Elizabeth S. Koman Trust Defendants' Answer to Plaintiffs' First Amended Complaint by Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust.(Russell, Jeffrey)
March 22, 2023 Opinion or Order Filing 433 MEMORANDUM in Support re #432 MOTION to Dismiss Third-Party Complaint filed by Philip B. Kenny. (Schriver, John)
March 22, 2023 Opinion or Order Filing 432 MOTION to Dismiss Third-Party Complaint by Philip B. Kenny. (Schriver, John)
March 22, 2023 Opinion or Order Filing 431 MEMORANDUM in Support re #430 MOTION to Dismiss Third-Party Complaint filed by James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose. (Schriver, John)
March 22, 2023 Opinion or Order Filing 430 MOTION to Dismiss Third-Party Complaint by James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose. (Schriver, John)
March 21, 2023 Opinion or Order Filing 429 ORDER granting #428 Consent Motion for Extension of Time. By Motion dated March 21, 2023, Defendants Brian R. Bidwill, Patricia M. Bidwill, and Shauna Bidwill Valenzuela ("Defendants") request an additional 30-days to file their answers to Plaintiffs' Amended Complaint. Plaintiffs do not oppose this request. For good cause shown, the Motion is GRANTED. Defendants' answer deadline is extended to April 21, 2023. Signed by Judge David W. Dugan on 3/21/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 21, 2023 Opinion or Order Filing 428 Consent MOTION for Extension of Time to File Answer re #144 Amended Complaint,,,, by Brian R. Bidwill, Patricia M. Bidwill, Shauna Bidwill Valenzuela. (Barron, Ann)
March 8, 2023 Opinion or Order Filing 427 ORDER. For the reasons stated in the attached Memorandum and Order, the Motions to Dismiss filed by the "Selling Shareholder" Defendants at Docs. #231 , #234 , #252 , #267 , #319 , #327 , and #362 are DENIED. Plaintiffs' Motion to Withdraw at Doc. #395 is GRANTED. Defendants, the Bidwill Kasino Trust, its Trustee, and any beneficiaries of the Trust, along with Defendants the Beneficiaries of the Bidwill Succession Trust are DISMISSED, without prejudice. The Clerk of Court is DIRECTED to terminate those Defendants from the docket sheet. Finally, Plaintiffs are DIRECTED to SHOW CAUSE by March 27, 2023 for why Defendant Mary C. Bidwill should not be dismissed for a failure to prosecute pursuant to Fed. R. Civ. P. 41. (Show Cause Response due by 3/27/2023). Signed by Judge David W. Dugan on 3/8/2023. (arm)
March 6, 2023 Opinion or Order Filing 426 ORDER. For the reasons stated in the attached Memorandum and Order, Defendant Bidwill and Rand's Motion to Dismiss #155 and Motion to Supplement #393 , Defendant Koman's Motion for Judgment on the Pleadings #159 , and Plaintiffs' Motion to Defer Briefing #217 are DENIED. Now that the Motions at Doc. 155 and Doc. 159 are resolved, the Court LIFTS all previously imposed stays on briefing. Nevertheless, the Motions to Dismiss filed by Third-Party Defendants Phillip B. Kenny, Joan Kenny Rose, James C. Kenny, John E. Kenny, Jr., Patrick B. Kenny, Michael Gaughan, and Franklin Toti (Docs. 307, 310, 354) are DENIED, without prejudice, and with leave to refile by March 27, 2023. Responses to those motions are due April 27, 2023. Any outstanding answers or responses are due by March 27, 2023. Signed by Judge David W. Dugan on 3/6/2023. (arm)
March 3, 2023 Opinion or Order Filing 425 MEMORANDUM in Opposition re #402 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: #1 Declaration of Michelle C. Yau, #2 Exhibit A (Chartwell Valuation), #3 Exhibit B (Form 5500), #4 Exhibit C (Press Release), #5 Exhibit D (March 2017 email chain), #6 Exhibit E (March 2017 letter to IL Gaming Board), #7 Exhibit F (June 2017 email chain), #8 Exhibit G (June 2017 email chain), #9 Exhibit H (August 2020 letter from DOL), #10 Exhibit I (ESOP Plan Document), #11 Exhibit J (Bidwill Transcript Excerpts), #12 Exhibit K (Rand Transcript Excerpts), #13 Exhibit L (May 2012 Board Meeting Minutes), #14 Exhibit M (July 2012 Board Meeting Minutes), #15 Exhibit N (Nov 2012 Board Meeting Minutes), #16 Exhibit O (GreatBanc Engagement Agreement), #17 Exhibit P (CQH Certificates of Incorporation), #18 Exhibit Q (Board of Directors Presentation), #19 Exhibit R (August 2012 memo from Watson to Board), #20 Exhibit S (March 2013 Meeting Minutes), #21 Exhibit T (June 2013 Board Meeting Minutes), #22 Exhibit U (May 2013 email chain), #23 Exhibit V (October 2013 email), #24 Exhibit W (Koman Transcript Excerpts), #25 Exhibit X (Barrows Transcript Excerpts))(Wheeler, Ryan)
March 1, 2023 Opinion or Order Filing 424 ORDER granting #423 Motion to Withdraw. By Motion dated February 28, 2023, Attorney Mary J. Bortscheller seeks to withdraw as counsel of record for Plaintiffs Tom Hensiek, Jason Gill, and Lillian Wrobel. The Motion to Withdraw is GRANTED and Attorney Bortscheller is TERMINATED as counsel for all Plaintiffs. Attorneys Yau, Wheeler, Pathak, OConnell, Stokes, and Smith will continue to represent Plaintiffs. Signed by Judge David W. Dugan on 3/1/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 28, 2023 Opinion or Order Filing 423 MOTION to Withdraw as Attorney Mary J. Bortscheller by All Plaintiffs. (Bortscheller, Mary)
February 28, 2023 Opinion or Order Filing 422 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #421 Motion to Withdraw as Attorney filed by Lillian Wrobel, Jason Gill, Tom Hensiek. Login used and signature do not match. Filer will re-file documents.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 27, 2023 Opinion or Order Filing 421 STRICKEN MOTION to Withdraw as Attorney by Mary Bortscheller by All Plaintiffs. (Wheeler, Ryan)
February 17, 2023 Opinion or Order Filing 420 REPLY to Response to Motion re #414 MOTION to Strike Plaintiff Lillian Wrobel's Deposition Errata Sheet filed by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G Koman. (Attachments: #1 Declaration of Andrew D. Salek-Raham, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Golumbic, Lars)
February 10, 2023 Opinion or Order Filing 419 RESPONSE in Opposition re #414 MOTION to Strike Plaintiff Lillian Wrobel's Deposition Errata Sheet filed by All Plaintiffs. (Attachments: #1 Declaration of Michelle C. Yau, #2 Exhibit A)(Smith, Colleen)
January 31, 2023 Opinion or Order Filing 418 ORDER granting #417 Consent Motion for Extension of Time. On January 13, 2023, Defendants Charles Bidwill, III and Timothy J. Rand moved to dismiss Plaintiffs' claims against them for a lack of standing (Doc. 402). By Motion dated January 31, 2023, Plaintiffs, along with Defendants Bidwill and Rand, move to extend their briefing deadlines for this motion to dismiss. The Movants represent that all relevant parties to the Motion to Dismiss consent to this request. Accordingly, the Motion (Doc. 417) is GRANTED. Plaintiffs may file their response to the Motion to Dismiss at Doc. 402 by March 3, 2023. Defendants Bidwill and Rand may file a reply, if appropriate circumstances exist to do so, by March 24, 2023. (Responses due by 3/3/2023, Replies due by 3/24/2023). Signed by Judge David W. Dugan on 1/31/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 31, 2023 Opinion or Order Filing 417 Consent MOTION for Extension of Time to Respond to Bidwill and Rand's Motion to Dismiss for Lack of Standing by All Plaintiffs. (Smith, Colleen)
January 27, 2023 Opinion or Order Filing 416 REPLY to Response to Motion re #391 MOTION to Certify Class Reply to Defendants Bidwill and Rand's Memorandum in Opposition #409 filed by All Plaintiffs. (Smith, Colleen)
January 27, 2023 Opinion or Order Filing 415 REPLY to Response to Motion re #391 MOTION to Certify Class filed by All Plaintiffs. (Attachments: #1 Yau Reply Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Hensiek Declaration, #17 Gill Declaration)(Smith, Colleen)
January 27, 2023 Opinion or Order Filing 414 MOTION to Strike Plaintiff Lillian Wrobel's Deposition Errata Sheet by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G Koman. (Attachments: #1 Declaration of Andrew Salek-Raham, #2 Exhibit 1)(Golumbic, Lars)
January 25, 2023 Opinion or Order Filing 413 MEMORANDUM in Support re #389 MOTION to Certify a Class of Counterclaim Defendants as to Bidwill and Rand's Counts I-IV filed by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
January 24, 2023 Opinion or Order Filing 412 MEMORANDUM in Support re #408 MOTION to Seal Exhibits, #405 MOTION to Seal re Opposition to Plaintiffs' Motion for Class Certification and Supporting Documents filed by Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Timothy J Rand. (Rice, Joel)
January 18, 2023 Opinion or Order Filing 411 Sealed Document re #407 Affidavit,,, by Charles Bidwill, III, Timothy J Rand. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 14, #7 Exhibit 16, #8 Exhibit 17, #9 Exhibit 18, #10 Exhibit 19, #11 Exhibit 21, #12 Exhibit 24)(Norwood, Ronald)
January 18, 2023 Opinion or Order Filing 410 ORDER re #405 , #408 Motions to Seal Exhibits. On January 13, 2023, Defendants James C. Koman, the James G. Koman Irrevocable Trust, its Trustee, and its Beneficiaries (the "James Koman Defendants") filed their Memorandum in Opposition to Plaintiffs' Motion to Certify Class (Doc. 397), along with three Affidavits (Doc. 398, 399, 400). Defendants Charles Bidwill, III and Timothy Rand ("Bidwill and Rand") also filed a Motion to Dismiss for Lack of Jurisdiction (Doc. 402), Memorandum in Support (Doc. 403), and two Affidavits (Doc. 404, 407). By Motions dated January 13, 2023, the James Koman Defendants, and Bidwill and Rand seek to seal several exhibits attached to their filings. Specifically, the James Koman Defendants seek to seal (1) portions of their Memorandum that quote or summarize confidential exhibits (Doc. 397), (2) Exhibit 11 attached to the Declaration of Andrew D. Alek-Raham (Doc. 398-11), and (3) Exhibits B, C, and D attached to the Declaration of Bill Vandersand (Docs. 399-2, 399-3, 399-4). The James Koman Defendants filed complete copies of these documents under seal at Doc. 401. Bidwill and Rand seek to seal Exhibits 2, 3, 4, 5, 6, 14, 16, 17, 18, 19, 21, and 24 of the Declaration of William Vanderand submitted as Doc. 407 in support of Bidwill and Rand's Motion to Dismiss for Lack of Standing (Docs. 407-2, 407-3, 407-4, 407-5, 407-6, 407-14, 407-16, 407-17, 407-18, 407-19, 407-21, and 407-24). Bidwill and Rand have not submitted these documents to the Court. Thus, by January 19, 2023, Bidwill and Rand are DIRECTED to file copies of the documents they are requesting to seal as one Sealed Document in the record for the Court's review. The documents should be filed in a single filing, with each separate document designated as an attachment or exhibit. Defendants further indicate that the documents they seek to seal have been designated as Confidential under Section 10.3 of the parties' Stipulated Protective Order (See Doc. 386). This Section of the Stipulated Protective Order permits the designating party to "file an affidavit and/or memorandum which demonstrates why the information marked shall be sealed... within seven (7) business days" (Doc. 386, pp. 11-12). The James Koman Defendants represent that the designating party, Casino Queen, intends to file an affidavit (See Doc. 405). Accordingly, the required affidavit shall be filed by January 24, 2023. Any objections to sealing the proposed documents shall be filed by January 31, 2023. Signed by Judge David W. Dugan on 1/18/2023. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 13, 2023 Opinion or Order Filing 409 MEMORANDUM in Opposition re #391 MOTION to Certify Class filed by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
January 13, 2023 Opinion or Order Filing 408 MOTION to Seal Exhibits by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
January 13, 2023 Opinion or Order Filing 407 AFFIDAVIT re #403 Memorandum in Support of Motion to Dismiss by Charles Bidwill, III, Timothy J Rand. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24, #24 Exhibit 25, #25 Exhibit 26, #26 Exhibit 27, #27 Exhibit 28, #28 Exhibit 29, #29 Exhibit 30, #30 Exhibit 31, #31 Exhibit 32, #32 Exhibit 33, #33 Exhibit 34, #34 Exhibit 35, #35 Exhibit 36, #36 Exhibit 37, #37 Exhibit 38)(Norwood, Ronald)
January 13, 2023 Opinion or Order Filing 406 MEMORANDUM in Opposition re #389 MOTION to Certify a Class of Counterclaim Defendants as to Bidwill and Rand's Counts I-IV filed by All Plaintiffs. (Smith, Colleen)
January 13, 2023 Opinion or Order Filing 405 MOTION to Seal re Opposition to Plaintiffs' Motion for Class Certification and Supporting Documents by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G Koman. (Golumbic, Lars)
January 13, 2023 Opinion or Order Filing 404 AFFIDAVIT re #403 Memorandum in Support of Motion to Dismiss by Charles Bidwill, III, Timothy J Rand. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Norwood, Ronald)
January 13, 2023 Opinion or Order Filing 403 MEMORANDUM in Support re #402 MOTION to Dismiss for Lack of Jurisdiction filed by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
January 13, 2023 Opinion or Order Filing 402 MOTION to Dismiss for Lack of Jurisdiction by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
January 13, 2023 Opinion or Order Filing 401 Sealed Document (Memorandum in Opposition to Class Cert.) re #399 Affidavit, #397 Memorandum in Opposition to Motion, #398 Affidavit, by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G Koman. (Attachments: #1 Exhibit 11 to Salek-Raham Declaration, #2 Exhibit B to Vandersand Declaration, #3 Exhibit C to Vandersand Declaration, #4 Exhibit D to Vandersand Declaration)(Golumbic, Lars)
January 13, 2023 Opinion or Order Filing 400 AFFIDAVIT re #397 Memorandum in Opposition to Motion of Jeffrey Watson by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G Koman. (Golumbic, Lars)
January 13, 2023 Opinion or Order Filing 399 AFFIDAVIT re #397 Memorandum in Opposition to Motion of Bill Vandersand by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G Koman. (Attachments: #1 Exhibit A, #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal))(Golumbic, Lars)
January 13, 2023 Opinion or Order Filing 398 AFFIDAVIT re #397 Memorandum in Opposition to Motion of Andrew D. Salek-Raham by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G Koman. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11 (Filed Under Seal), #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Golumbic, Lars)
January 13, 2023 Opinion or Order Filing 397 MEMORANDUM in Opposition re #391 MOTION to Certify Class filed by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G Koman. (Golumbic, Lars)
January 4, 2023 Opinion or Order Filing 396 MEMORANDUM in Opposition re #393 MOTION for Leave to File Supplement filed by All Plaintiffs. (Smith, Colleen)
December 30, 2022 Opinion or Order Filing 395 MOTION to Withdraw Defendants Bidwill Kasino Trust, Its Trustee, and Any Beneficiaries of Said Trust, and the Beneficiaries of The Bidwill Succession Trust by All Plaintiffs. (Smith, Colleen)
December 22, 2022 Opinion or Order Filing 394 NOTICE REGARDING FILING re #393 Motion for Leave to File filed by Timothy J Rand, Charles Bidwill, III. Attachments contain proposed documents. For future reference, proposed documents are not to be filed, rather should be submitted by email to the assigned Judge. This Notice is sent for informational purposes only. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 21, 2022 Opinion or Order Filing 393 MOTION for Leave to File Supplement by Charles Bidwill, III, Timothy J Rand. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Norwood, Ronald)
December 16, 2022 Opinion or Order Filing 392 MEMORANDUM in Support re #391 MOTION to Certify Class filed by All Plaintiffs. (Smith, Colleen)
December 16, 2022 Opinion or Order Filing 391 MOTION to Certify Class by All Plaintiffs. (Attachments: #1 Declaration of Colleen R. Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Declaration of Michelle C. Yau, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Declaration of Peter K. Stris)(Smith, Colleen)
December 16, 2022 Opinion or Order Filing 390 MEMORANDUM in Support re #389 MOTION to Certify a Class of Counterclaim Defendants as to Bidwill and Rand's Counts I-IV filed by Charles Bidwill, III, Timothy J Rand. (Attachments: #1 Exhibit A)(Norwood, Ronald)
December 16, 2022 Opinion or Order Filing 389 MOTION to Certify a Class of Counterclaim Defendants as to Bidwill and Rand's Counts I-IV by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
December 7, 2022 Opinion or Order Filing 388 MEMORANDUM in Support re #362 MOTION to Dismiss Defendants Elizabeth S. Koman Irrevocable Trust, The Janis A. Koman Irrevocable Trust, The Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in His Capacity as Trustee of The Trusts' Motion to Dismiss The Amended Compl Reply Brief in Support of the Motion to Dismiss filed by The Elizabeth S. Koman Irrevocable Trust, The Janis A. Koman Irrevocable Trust, The Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in his Capacity as Trustee of the Trusts filed by Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
December 2, 2022 Opinion or Order Filing 387 ORDER granting #385 Consent Motion to Extend Reply Deadline. By Motion dated November 30, 2022, Defendant Peter Hamilton, Trustee to the Karen L. Hamilton Irrevocable Trust, the Janis A. Koman Irrevocable Trust, and the Elizabeth S. Koman Irrevocable Trust, seeks an extension of time to file a reply brief in support of his pending motion to dismiss at Doc. 362. Plaintiffs do not oppose his request, but do not agree that Defendant Hamilton is entitled to a reply under Local Rule 7.1. Nevertheless, Defendant's Motion is GRANTED. Defendant Hamilton is granted leave to file a reply by December 7, 2022 in the event the exceptional circumstances under Local Rule 7.1 exist. Signed by Judge David W. Dugan on 12/2/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 30, 2022 Opinion or Order Filing 386 STIPULATED AMENDED PROTECTIVE ORDER. Signed by Judge David W. Dugan on 11/30/2022. (arm)
November 30, 2022 Opinion or Order Filing 385 Consent MOTION for Extension of Time to File Response/Reply as to #384 Memorandum in Opposition to Motion,, #362 MOTION to Dismiss Defendants Elizabeth S. Koman Irrevocable Trust, The Janis A. Koman Irrevocable Trust, The Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in His Capacity as Trustee of The Trusts' Motion to Dismiss The Amended Compl Consent Motion to Reset Deadlines for Reply Brief of Defendant Peter Hamilton, Trustee to the Karen L. Hamilton Irrevocable Trust, the Janis A. Koman Irrevocable Trust, and the Elizabeth S. Koman Irrevocable Trust by Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
November 23, 2022 Opinion or Order Filing 384 MEMORANDUM in Opposition re #362 MOTION to Dismiss Defendants Elizabeth S. Koman Irrevocable Trust, The Janis A. Koman Irrevocable Trust, The Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in His Capacity as Trustee of The Trusts' Motion to Dismiss The Amended Compl filed by All Plaintiffs. (Attachments: #1 Declaration of Ryan A. Wheeler, #2 Exhibit 1 - Table of Ownership, Organization, and Control, #3 Exhibit 2 - Signature Pages, #4 Exhibit 3 - Due Diligence Letter)(Wheeler, Ryan)
November 14, 2022 Opinion or Order Filing 383 NOTICE of Appearance by Nicholas H. Callahan on behalf of GreatBanc Trust (Callahan, Nicholas)
November 4, 2022 Opinion or Order Filing 382 NOTICE by Charles Bidwill, III, Timothy J Rand (Attachments: #1 Exhibit A - WF Securities Subpoena)(Norwood, Ronald)
November 4, 2022 Opinion or Order Filing 381 NOTICE by Charles Bidwill, III, Timothy J Rand (Attachments: #1 Exhibit A - WFB, NA Subpoena)(Norwood, Ronald)
November 4, 2022 Opinion or Order Filing 380 NOTICE by Charles Bidwill, III, Timothy J Rand (Attachments: #1 Exhibit A - IGB Subpoena)(Norwood, Ronald)
November 3, 2022 Opinion or Order Filing 379 ORDER granting #378 Motion for Leave to File Supplemental Authority. Defendants Charles Bidwill, III and Timothy J. Rand seek leave to submit supplemental authority in support of their pending Motion to Dismiss. The supplemental authority (Doc. 378-1) attached to Defendants' Motion for Leave is deemed filed. No further action is necessary. Signed by Judge David W. Dugan on 11/3/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 2, 2022 Opinion or Order Filing 378 MOTION for Leave to File Supplemental Authority by Charles Bidwill, III, Timothy J Rand. (Attachments: #1 Exhibit Exhibit A)(Norwood, Ronald)
November 2, 2022 Opinion or Order Filing 377 ORDER re #369 Class Certification Deadlines. Upon review of the Order at Doc. 369, Court hereby corrects the following deadlines for class certification briefing: Class certification briefs are due December 16, 2022; Memorandum in opposition to class certification shall be filed by January 13, 2023; and Reply Memorandum, if any, must be filed by January 27, 2023. Signed by Judge David W. Dugan on 11/2/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 1, 2022 Opinion or Order Filing 376 REPLY to Response to Motion re #354 Third Party MOTION to Dismiss (Third-Party Defendants Michael Gaughan's and Franklin Toti's Consolidated Motion to Dismiss Third-Party Complaints (ECF No's 153 and 154) (Third-Party Defendants Michael Gaughan's and Franklin Toti's Reply in Support of their Consolidated Motion to Dismiss Third-Party Complaints ECF No's 153 and 154) filed by Michael Gaughan, Franklin Toti. (O'Brien, Stephen)
October 31, 2022 Opinion or Order Filing 375 RESPONSE to #370 Motion for Leave to File Supplemental Authority filed by All Plaintiffs. (Smith, Colleen)
October 31, 2022 Opinion or Order Filing 374 ORDER granting #373 Motion for Extension of Time. On October 7, 2022, Defendants, the Elizabeth S. Koman Irrevocable Trust, the Janis A. Koman Irrevocable Trust, the Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in his capacity as Trustee of the Elizabeth S. Koman Irrevocable Trust, the Trustee of the Janis A. Koman Irrevocable Trust, and the Trustee of the Karen L. Hamilton Irrevocable Trust (Defendants) filed a motion to dismiss Plaintiffs First Amended Complaint (See Doc. 362). By Motion dated October 31, 2022, Plaintiffs Tom Hensiek, Jason Gill, and Lillian Wrobel seek additional time to respond to the Motion to Dismiss. Plaintiffs report that Defendants have consented to this request. Accordingly, the Motion (Doc. 373) is GRANTED. Plaintiffs shall file their response to Defendants pending Motion to Dismiss at Doc. 362 by November 23, 2022. (Responses due by 11/23/2022). Signed by Judge David W. Dugan on 10/31/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 31, 2022 Opinion or Order Filing 373 Consent MOTION for Extension of Time to File Response/Reply as to #362 MOTION to Dismiss Defendants Elizabeth S. Koman Irrevocable Trust, The Janis A. Koman Irrevocable Trust, The Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in His Capacity as Trustee of The Trusts' Motion to Dismiss The Amended Compl by All Plaintiffs. (Smith, Colleen)
October 31, 2022 Opinion or Order Filing 372 NOTICE of Appearance by Nathan Puckett on behalf of Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust, William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust (Puckett, Nathan)
October 28, 2022 Opinion or Order Filing 371 ORDER granting #370 Motion for Leave to File Supplemental Authority. Defendant James G. Koman seeks leave to submit supplemental authority in support of his pending Motion for Judgment on the Pleadings. The supplemental authority (Doc. 370-1) attached to Defendant's Motion for Leave is deemed filed. No further action is necessary. Signed by Judge David W. Dugan on 10/28/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 27, 2022 Opinion or Order Filing 370 MOTION for Leave to File Supplemental Authority by James G Koman. (Attachments: #1 Exhibit A - Burke v. Boeing Co. Opinion)(Golumbic, Lars)
October 20, 2022 Opinion or Order Filing 369 ORDER granting #361 Motion for Extension of Time, #366 Joint Motion for Extension of Time, #367 Consent Motion to Extend Class Certification Deadlines. For the reasons stated in the attached Order, Plaintiffs' Motion for Extension of Time (Doc. 361) is GRANTED. Plaintiffs' deadline to serve Defendants the Beneficiaries of the Bidwill Succession Trust is extended to December 31, 2022. If Plaintiffs intend to pursue filing a second amended complaint, they must do so by separate motion. The Motion for Extension of Time (Doc. 366) filed by Defendants and Third-Party Plaintiffs Rand, Bidwill, the Board of Directors of CQ Holding Company, Inc., the Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Watson, and Barrows (the "Third-Party Plaintiffs") is GRANTED. The Third-Party Plaintiffs' response deadline to Third-Party Defendants Gaughan and Toti's Motion to Dismiss at Doc. 354 is due 30-days after the entry of an Order disposing of Defendant Rand and Bidwill's Motion to Dismiss at Doc. 155. The Motion to Extend Class Certification Deadlines (Doc. 367) is GRANTED. Class certification briefs are due December 16, 2022; Memorandum in opposition to class certification shall be filed by January 27, 2023; and Reply Memorandum, if any, must be filed by January 27, 2023. Signed by Judge David W. Dugan on 10/20/2022. (arm)
October 19, 2022 Opinion or Order Filing 368 RESPONSE in Opposition re #354 Third Party MOTION to Dismiss (Third-Party Defendants Michael Gaughan's and Franklin Toti's Consolidated Motion to Dismiss Third-Party Complaints (ECF No's 153 and 154) filed by Charles Bidwill, III, Timothy J Rand. (Norwood, Ronald)
October 19, 2022 Opinion or Order Filing 367 Consent MOTION to Amend/Correct #321 Order,,,,,,,,,, Terminate Motions,,,,,,,,,, Set Motion and R&R Deadlines/Hearings,,,,,,,,,, Set Deadlines,,,,,,,,,, Set Scheduling Order Deadlines,,,,,,,,, to Extend Class Certification Briefing Deadlines by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Charles Bidwill, III, Board of Directors of Casino Queen Holding Company, Inc., Jason Gill, Tom Hensiek, James G Koman, Timothy J Rand, Jeffrey Watson, Lillian Wrobel. (Smith, Colleen)
October 13, 2022 Opinion or Order Filing 366 Joint MOTION for Extension of Time to respond to Third-Party Gaughan and Toti's Consolidated Motion to Dismiss Third-Party Complaints by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson. (Lanciloti, Daniel)
October 11, 2022 Opinion or Order Filing 365 RESPONSE/ANSWER TO REQUEST FOR ADMISSIONS by Casino Queen, Inc.. Related document: #344 Request for Admissions filed by Philip B. Kenny.(Lanciloti, Daniel)
October 7, 2022 Opinion or Order Filing 364 REPLY to Response to Motion re #327 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust. (Golumbic, Lars)
October 7, 2022 Opinion or Order Filing 363 MEMORANDUM in Support re #362 MOTION to Dismiss Defendants Elizabeth S. Koman Irrevocable Trust, The Janis A. Koman Irrevocable Trust, The Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in His Capacity as Trustee of The Trusts' Motion to Dismiss The Amended Compl Memorandum of Law of The Elizabeth S. Koman Irrevocable Trust, The Janis A. Koman Irrevocable Trust, The Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in His Capacity as Trustee of The Trusts, in Support of Their Motion to Dismiss The Amended Complaint filed by Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust. (Attachments: #1 Affidavit Declaration of Jeffrey S. Russell in Support of Defendants Elizabeth S. Koman Irrevocable Trust, The Janis A. Koman Irrevocable Trust, The Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in His Capacity as Trustee of The Trusts' Motion to Dismiss The Amended Complaint)(Russell, Jeffrey)
October 7, 2022 Opinion or Order Filing 362 MOTION to Dismiss Defendants Elizabeth S. Koman Irrevocable Trust, The Janis A. Koman Irrevocable Trust, The Karen L. Hamilton Irrevocable Trust, and Peter Hamilton, in His Capacity as Trustee of The Trusts' Motion to Dismiss The Amended Complaint by Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
September 29, 2022 Opinion or Order Filing 361 MOTION for Extension of Time to Serve the First Amended Complaint and Summons on the Beneficiaries of the Bidwill Succession Trust and Memorandum in Support Thereof by All Plaintiffs. (Attachments: #1 Declaration of Colleen R. Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Smith, Colleen)
September 29, 2022 Opinion or Order Filing 360 MEMORANDUM in Support re #319 MOTION to Dismiss the Amended Complaint Reply Brief in Support of Motion to Dismiss by Defendants Janis Forsen, Karen Koman, and Elizabeth Koman filed by Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
September 29, 2022 Opinion or Order Filing 359 MEMORANDUM in Support re #234 MOTION to Dismiss Defendants William J. Koman, Jr. Irrevocable Trust's and William J. Koman, Sr. Living Trust's Motion to Dismiss the Amended Complaint Defendant William J. Koman Jr. Irrevocable Trust's Reply Brief in Support of Motion to Dismiss filed by William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust. (Attachments: #1 Affidavit Declaration of Jeffrey S. Russell in Support of Defendant William J. Koman, Jr. Irrevocable Trust's Reply Brief in Support of Motion to Dismiss)(Russell, Jeffrey)
September 29, 2022 Opinion or Order Filing 358 MEMORANDUM in Support re #234 MOTION to Dismiss Defendants William J. Koman, Jr. Irrevocable Trust's and William J. Koman, Sr. Living Trust's Motion to Dismiss the Amended Complaint Defendant William J. Koman Sr. Living Trust's Reply Brief in Support of Motion to Dismiss filed by William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust. (Attachments: #1 Affidavit Declaration of Jeffrey S. Russell in Support of Defendant William J. Koman, Sr. Living Trust's Reply Brief in Support of Motion to Dismiss)(Russell, Jeffrey)
September 27, 2022 Opinion or Order Filing 357 MEMORANDUM in Support re #231 MOTION to Dismiss for Failure to State a Claim and for Failure to Join an Indispensable Party filed by The Bidwill Succession Trust, its Trustee, and any beneficiaries of said Trust. (Norwood, Ronald)
September 23, 2022 Opinion or Order Filing 356 MEMORANDUM in Opposition re #327 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by All Plaintiffs. (Wheeler, Ryan)
September 19, 2022 Opinion or Order Filing 355 MEMORANDUM in Support re #354 Third Party MOTION to Dismiss (Third-Party Defendants Michael Gaughan's and Franklin Toti's Consolidated Motion to Dismiss Third-Party Complaints (ECF No's 153 and 154) (Third-Party Defendants Michael Gaughan's and Franklin Toti's Memorandum In Support of their Consolidated Motion to Dismiss Third-Party Complaints (ECF No's 153 and 154) filed by Michael Gaughan, Franklin Toti. (Rovak, Stephen)
September 19, 2022 Opinion or Order Filing 354 Third Party MOTION to Dismiss (Third-Party Defendants Michael Gaughan's and Franklin Toti's Consolidated Motion to Dismiss Third-Party Complaints (ECF No's 153 and 154) by Michael Gaughan, Franklin Toti. (Rovak, Stephen)
September 15, 2022 Opinion or Order Filing 353 MEMORANDUM in Opposition re #267 MOTION to Dismiss Plaintiff's First Amended Complaint filed by All Plaintiffs. (Smith, Colleen)
September 15, 2022 Opinion or Order Filing 352 MEMORANDUM in Opposition re #252 MOTION to Dismiss The Amended Complaint filed by All Plaintiffs. (Smith, Colleen)
September 15, 2022 Opinion or Order Filing 351 MEMORANDUM in Opposition re #319 MOTION to Dismiss the Amended Complaint filed by All Plaintiffs. (Attachments: #1 Declaration of Colleen R. Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Smith, Colleen)
September 15, 2022 Opinion or Order Filing 350 MEMORANDUM in Opposition re #231 MOTION to Dismiss for Failure to State a Claim and for Failure to Join an Indispensable Party filed by All Plaintiffs. (Attachments: #1 Declaration of Colleen R. Smith, #2 Exhibit 1)(Smith, Colleen)
September 15, 2022 Opinion or Order Filing 349 MEMORANDUM in Opposition re #234 MOTION to Dismiss Defendants William J. Koman, Jr. Irrevocable Trust's and William J. Koman, Sr. Living Trust's Motion to Dismiss the Amended Complaint filed by All Plaintiffs. (Attachments: #1 Declaration of Colleen R. Smith, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Smith, Colleen)
September 14, 2022 Opinion or Order Filing 348 ORDER granting, in part #347 Consent Motion for Extension of Time. By Motion dated September 13, 2022, Defendant Peter Hamilton, as Trustee of the Karen L. Hamilton Irrevocable Trust, the Janis A. Koman Irrevocable Trust, and the Elizabeth S. Koman Irrevocable Trust, moves for additional time to file a response to Plaintiffs' Amended Complaint. Trustee Hamilton represents that Plaintiffs consent to his request. Accordingly, Trustee Hamilton's request for additional time to file a response to the Amended Complaint is GRANTED. Trustee Hamilton may file his response to the Amended Complaint at Doc. 144 by October 7, 2022. Trustee Hamilton also requests that Plaintiffs be granted additional time to file a response to any forthcoming Motion he may file pursuant to Fed. R. Civ. P. 12. Under the present circumstances, the Court finds this requested extension to be premature. Accordingly, this requested extension is DENIED, without prejudice. Plaintiffs may renew their request for an extension should Defendant Hamilton file a Rule 12 Motion and if appropriate circumstances arise that may support an extension. (Answer due 10/7/2022). Signed by Judge David W. Dugan on 9/14/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 13, 2022 Opinion or Order Filing 347 Consent MOTION for Extension of Time to File Answer re #144 Amended Complaint,,,, Consent Motion to Reset Deadlines for Response of Defendant Peter Hamilton, Trustee to the Karen L. Hamilton Irrevocable Trust, the Janis A. Koman Irrevocable Trust, and the Elizabeth S. Koman Irrevocable Trust by Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
September 13, 2022 Opinion or Order Filing 346 ORDER granting #341 Joint Motion for Extension of Time. For the reasons stated in the attached Order, the Joint Motion for Extension of Time (Doc. 341) is GRANTED. The Third-Party Plaintiffs, the Board of Directors of Casino Queen Holding Company, Inc., the Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson, Robert Barrows, Charles Bidwill, and Timothy J. Rand shall file their responses to the motions to dismiss filed by Third-Party Defendants' Phillip B. Kenny, James C. Kenny, John E. Kenny, Patrick B. Kenny, and Joan Kenny Rose (Doc. 307, Doc. 310) 30-days after the entry of an Order disposing of Rand and Bidwill's Motion to Dismiss at Doc. 155. Signed by Judge David W. Dugan on 9/13/2022. (arm)
September 13, 2022 Opinion or Order Filing 345 NOTICE of Appearance by Jacob B. Simon on behalf of Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust (Simon, Jacob)
September 13, 2022 Opinion or Order Filing 344 First REQUEST for Admissions Directed to Casino Queen, Inc. by Philip B. Kenny. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Schriver, John)
September 13, 2022 Opinion or Order Filing 343 NOTICE of Appearance by Jeffrey S. Russell on behalf of Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust (Russell, Jeffrey)
September 13, 2022 Opinion or Order Filing 342 Second REQUEST for Admissions Directed to Charles Bidwill by Philip B. Kenny.(Schriver, John)
September 8, 2022 Opinion or Order Filing 341 Joint MOTION for Extension of Time to File Response/Reply as to #307 MOTION to Dismiss Third-Party Complaint, #310 MOTION to Dismiss Third-Party Complaint by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Charles Bidwill, III, Board of Directors of Casino Queen Holding Company, Inc., Timothy J Rand, Jeffrey Watson. (Norwood, Ronald)
September 7, 2022 Opinion or Order Filing 340 SUMMONS Returned Executed by All Plaintiffs. Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust served on 9/7/2022, answer due 9/28/2022; Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust served on 9/7/2022, answer due 9/28/2022; Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust served on 9/7/2022, answer due 9/28/2022. (Wheeler, Ryan)
September 1, 2022 Opinion or Order Filing 339 ORDER re #331 Status Report, #332 Status Report. On August 29, 2022 and August 30, 2022, Plaintiffs and Defendants James Koman, Charles Bidwill III, Timothy Rand, the Board of Directors of Casino Queen Holding Company, Inc., the Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson, and Robert Barrows (the "Parties") filed joint status reports concerning the discovery disputes raised in Plaintiffs' Motion to Compel at Doc. 151. The Parties report that all discovery disputes related to that Motion have been resolved. The Court previously denied the Motion to Compel, without prejudice, and directed the Parties to engage in further discovery conferences (Doc. 266). As the discovery issues have now been resolved, the Parties are relieved of any further reporting obligations imposed by the Court's Order at Doc. 266. Signed by Judge David W. Dugan on 9/1/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 1, 2022 Opinion or Order Filing 338 ORDER granting #336 Motion to Withdraw. By Motion dated August 31, 2022, Attorney Diane Kee seeks to withdraw as counsel of record for Plaintiffs Tom Hensiek, Jason Gill, and Lillian Wrobel. The Motion to Withdraw is GRANTED and Attorney Kee is TERMINATED as counsel for all Plaintiffs. Attorneys Yau, Bortscheller, Wheeler, Pathak, OConnell, Stokes, Stris, Martin, and Smith will continue to represent Plaintiffs. Signed by Judge David W. Dugan on 9/1/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
September 1, 2022 Opinion or Order Filing 337 Summons Issued as to Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust. Originals mailed to Michelle Yau. (adh)
August 31, 2022 Opinion or Order Filing 336 First MOTION to Withdraw as Attorney DIANE KEE by All Plaintiffs. (Kee, Diane)
August 31, 2022 Opinion or Order Filing 335 Summons Requested. (Yau, Michelle)
August 31, 2022 Opinion or Order Filing 334 Summons Requested. (Yau, Michelle)
August 31, 2022 Opinion or Order Filing 333 Summons Requested. (Yau, Michelle)
August 30, 2022 Opinion or Order Filing 332 STATUS REPORT Update by All Plaintiffs. (Wheeler, Ryan)
August 29, 2022 Opinion or Order Filing 331 STATUS REPORT on Behalf of Plaintiffs, James Koman, Charles Bidwill, III, Timothy Rand and the Casino Queen Defendants by All Plaintiffs. (Smith, Colleen)
August 25, 2022 Opinion or Order Filing 330 Corporate Disclosure Statement by CQ Holding Company, Inc. identifying Corporate Parent SG CQ Gaming LLC for CQ Holding Company, Inc.. (Rice, Joel)
August 25, 2022 Opinion or Order Filing 329 Corporate Disclosure Statement by Casino Queen, Inc. identifying Corporate Parent CQ Holding Company, Inc. for Casino Queen, Inc.. (Rice, Joel)
August 24, 2022 Opinion or Order Filing 328 MEMORANDUM in Support re #327 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust. (Attachments: #1 Declaration of B. Vandersand, #2 Exhibit A)(Golumbic, Lars)
August 24, 2022 Opinion or Order Filing 327 MOTION to Dismiss Plaintiffs' First Amended Complaint by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust. (Golumbic, Lars)
August 24, 2022 Opinion or Order Filing 326 NOTICE of Appearance by Andrew D. Salek-Raham on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Salek-Raham, Andrew)
August 24, 2022 Opinion or Order Filing 325 NOTICE of Appearance by Hannah Stephens on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Stephens, Hannah)
August 24, 2022 Opinion or Order Filing 324 NOTICE of Appearance by Larry M. Blocho, Jr on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Blocho, Larry)
August 24, 2022 Opinion or Order Filing 323 NOTICE of Appearance by Sarah M. Adams on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Adams, Sarah)
August 24, 2022 Opinion or Order Filing 322 NOTICE of Appearance by Lars C. Golumbic on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Golumbic, Lars)
August 24, 2022 Opinion or Order Filing 321 ORDER re #298 Motion for Extension of Time and to Consolidate Briefing, #299 Motion to Amend Scheduling Order, #302 Motion for Extension of Time. For the reasons stated in the attached Order, the Motion for Extension of Time and to Consolidate Briefing (Doc. #298 ) is GRANTED, in part, and DENIED, in part. Plaintiffs' responses to the Motions to Dismiss at Docs. 231, 234, 252, 267, and 319 shall be due by September 15, 2022. The responses shall be set forth in separate filings directed at the appropriate motion. Any reply briefs shall be filed by September 29, 2022. The Motion to Amend Scheduling Order (Doc. #299 ) is GRANTED, in part, and the Scheduling and Discovery Order (Doc. 133) is amended as follows: Class certification briefs are due November 1, 2022; Memorandum in opposition to class certification shall be filed by December 1, 2022; and Reply Memorandum, if any, must be filed by December 22, 2022. Crossclaim and Third-Party Defendants' Motion for Extension of Time (Doc. #302 ) is GRANTED. The following answer deadlines are hereby extended to 30-days after the later of the entry of an Order disposing of Defendants Charles Bidwill and Rand's Motion to Dismiss at Doc. 155 or an Order disposing of Defendant James Koman's Motion for Judgment on the Pleadings at Doc. 159: (1) Crossclaim Defendants Rand, Bidwill, and Koman's answer deadline to the Crossclaim filed at Doc. 153; (2) Crossclaim Defendants the Board of Directors, the Administrative Committee, Watson, Barrows, and Koman's answer deadline to the Crossclaim filed at Doc. 154; (3) Third-Party Defendants Casino Queen, Inc. and Casino Queen Holding Company, Inc.'s answer deadline to the Third-Party Complaint at Doc. 154; (4) Crossclaim Defendants the Board of Directors, the Administrative Committee, Watson, Barrows, Bidwill, and Rand's answer deadline to the Crossclaim filed at Doc. 157. Third-Party Defendants Casino Queen, Inc., and Casino Queen Holding Company, Inc. shall filed their corporate disclosure statements by August 29, 2022. The parties should review the attached Order carefully for further directives. Signed by Judge David W. Dugan on 8/23/2022. (arm)
August 22, 2022 Opinion or Order Filing 320 MEMORANDUM in Support re #319 MOTION to Dismiss the Amended Complaint filed by Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
August 22, 2022 Opinion or Order Filing 319 MOTION to Dismiss the Amended Complaint by Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
August 22, 2022 Opinion or Order Filing 318 NOTICE of Appearance by Jacob B. Simon on behalf of Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust (Simon, Jacob)
August 22, 2022 Opinion or Order Filing 317 NOTICE of Appearance by Jeffrey S. Russell on behalf of Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust (Russell, Jeffrey)
August 22, 2022 Opinion or Order Filing 316 SUMMONS Returned Executed by All Plaintiffs. James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust served on 8/3/2022, answer due 8/24/2022. (Yau, Michelle)
August 17, 2022 Opinion or Order Filing 315 ORDER Granting #314 MOTION to Appear Pro Hac Vice by Attorney Jonathan Andrew Lippner on behalf of Patricia M. Bidwill and Brian R. Bidwill.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 17, 2022 Opinion or Order Filing 314 MOTION to Appear Pro Hac Vice by Attorney Jonathan Andrew Lippner $200 fee paid,receipt number CILSDC-4860390 by on behalf of Brian R. Bidwill, Patricia M. Bidwill. (Lippner, Jonathan)
August 16, 2022 Opinion or Order Filing 313 NOTICE OF ACTION re #303 Notice of Appearance filed by CQ Holding Company, Inc. Attorney Scott Fanning is not admitted to practice in the Southern District of Illinois. Counsel shall file a Motion for Pro Hac Vice or move for general admission. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 15, 2022 Opinion or Order Filing 312 STATUS REPORT in Response to the Court's Order (ECF 266) by All Plaintiffs. (Wheeler, Ryan)
August 15, 2022 Opinion or Order Filing 311 MEMORANDUM in Support re #310 MOTION to Dismiss Third-Party Complaint filed by James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose. (Schriver, John)
August 15, 2022 Opinion or Order Filing 310 MOTION to Dismiss Third-Party Complaint by James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose. (Schriver, John)
August 15, 2022 Opinion or Order Filing 309 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #305 Motion to Dismiss filed by James C. Kenny, Philip B. Kenny, Joan Kenny Rose, Patrick B. Kenny, John E. Kenny, Jr., #306 Memorandum in Support of Motion filed by James C. Kenny, Philip B. Kenny, Joan Kenny Rose, Patrick B. Kenny, John E. Kenny, Jr. at the request of filer. Filer will refile the documents. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 15, 2022 Opinion or Order Filing 308 MEMORANDUM in Support re #307 MOTION to Dismiss Third-Party Complaint filed by Philip B. Kenny. (Schriver, John)
August 15, 2022 Opinion or Order Filing 307 MOTION to Dismiss Third-Party Complaint by Philip B. Kenny. (Schriver, John)
August 15, 2022 Opinion or Order Filing 306 STRICKEN MEMORANDUM in Support re #305 MOTION to Dismiss filed by James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose. (Schriver, John)
August 15, 2022 Opinion or Order Filing 305 STRICKEN MOTION to Dismiss by James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose. (Schriver, John)
August 15, 2022 Opinion or Order Filing 304 NOTICE of Appearance by Daniel F. Lanciloti on behalf of CQ Holding Company, Inc., Casino Queen, Inc. (Lanciloti, Daniel)
August 15, 2022 Opinion or Order Filing 303 NOTICE of Appearance by Scott C. Fanning on behalf of CQ Holding Company, Inc., Casino Queen, Inc. (Fanning, Scott)
August 15, 2022 Opinion or Order Filing 302 Joint MOTION for Extension of Time to File Answer (Joint Motion to Extend Deadlines to Respond to the Pending Crossclaims and Third-Party Complaint) by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., CQ Holding Company, Inc., Casino Queen, Inc., Jeffrey Watson. (Rice, Joel)
August 15, 2022 Opinion or Order Filing 301 NOTICE of Appearance by Joel W. Rice on behalf of Casino Queen, Inc., CQ Holding Company, Inc. (Rice, Joel)
August 11, 2022 Opinion or Order Filing 300 SUMMONS Returned Executed by All Plaintiffs. Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust served on 8/4/2022, answer due 8/25/2022. (Yau, Michelle)
August 9, 2022 Opinion or Order Filing 299 Joint MOTION to Amend/Correct #131 Scheduling Order by All Plaintiffs. (Wheeler, Ryan)
August 9, 2022 Opinion or Order Filing 298 Consent MOTION for Extension of Time and to Consolidate Briefing on Motions to Dismiss by All Plaintiffs. (Wheeler, Ryan)
August 4, 2022 Opinion or Order Filing 297 NOTICE of Appearance by Stephen H. Rovak on behalf of Michael Gaughan, Franklin Toti (Rovak, Stephen)
August 4, 2022 Opinion or Order Filing 296 NOTICE of Appearance by Stephen J. O'Brien on behalf of Michael Gaughan, Franklin Toti (O'Brien, Stephen)
August 4, 2022 Opinion or Order Filing 295 NOTICE of Appearance by Alice M. Aten on behalf of Michael Gaughan, Franklin Toti (Aten, Alice)
August 4, 2022 Opinion or Order Filing 294 ORDER granting #291 Motion to Withdraw. By Motion dated August 3, 2022, Attorney Meredith F. Kimelblatt seeks to withdraw as counsel of record for Defendant James G. Koman. Attorneys Golumbic, Adams, Salek-Raham, Stephens, and Blocho have also entered appearances on behalf of Defendant Koman, individually, and in his capacity as Beneficiary of the James G. Koman Irrevocable Trust, and will continue to represent him (See Docs. 28, 29, 30, 280, 281, 282, 283, 284). The Motion to Withdraw (Doc. 291) is GRANTED and Attorney Kimelblatt is TERMINATED as counsel for Defendant James G. Koman. Signed by Judge David W. Dugan on 8/4/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 4, 2022 Opinion or Order Filing 293 ORDER granting #292 Motion for Extension of Time. On May 19, 2022, Defendants/Third-Party Plaintiffs Charles Bidwill, III and Timothy Rand filed a Third-Party Complaint naming Michael Gaughan as Third-Party Defendant (Doc. 154) (the "Bidwill and Rand Complaint"). By Motion dated August 4, 2022, Third-Party Defendant Michael Gaughan requests additional time to answer or otherwise respond to the Bidwill and Rand Complaint. Counsel for Gaughan represents that Bidwill and Rand have no objection to this request. For good cause shown, Gaughan's Motion (Doc. 292) is GRANTED. Third-Party Defendant Gaughan's answer deadline to Bidwill and Rand's Third-Party Complaint at Doc. 154 is extended to September 19, 2022. (Michael Gaughan answer due 9/19/2022). Signed by Judge David W. Dugan on 8/4/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 4, 2022 Opinion or Order Filing 292 MOTION for Extension of Time to File Answer re #154 Answer to Amended Complaint,,,, Third Party Complaint,,,, Crossclaim,,,, Counterclaim,,, (Unopposed) by Michael Gaughan. (Aten, Alice)
August 3, 2022 Opinion or Order Filing 291 MOTION to Withdraw Meredith F. Kimelblatt as Counsel for James G. Koman by James G Koman. (Golumbic, Lars)
August 3, 2022 Opinion or Order Filing 290 ANSWER to #144 Amended Complaint,,,, by James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust. (Attachments: #1 Declaration of Andrew D. Salek-Raham, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z)(Golumbic, Lars)
August 1, 2022 Opinion or Order Filing 289 Corporate Disclosure Statement by GreatBanc Trust identifying Corporate Parent U.S. Fiduciary Services, Inc. for GreatBanc Trust. (Lurie, David)
July 29, 2022 Opinion or Order Filing 288 WAIVER OF SERVICE Returned Executed by Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson. Michael Gaughan waiver sent on 7/29/2022, answer due 9/27/2022. (Lanciloti, Daniel)
July 29, 2022 Opinion or Order Filing 287 First REQUEST for Admissions to Timothy Rand by Philip B. Kenny.(Schriver, John)
July 29, 2022 Opinion or Order Filing 286 First REQUEST for Admissions to Charles Bidwill, III by Philip B. Kenny.(Schriver, John)
July 28, 2022 Opinion or Order Filing 285 ORDER Granting #284 MOTION to Appear Pro Hac Vice by Attorney Larry M. Blocho, Jr. on behalf of James G Koman, James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 28, 2022 Opinion or Order Filing 284 MOTION to Appear Pro Hac Vice by Attorney Larry M. Blocho, Jr $200 fee paid,receipt number AILSDC-4844924 by on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G Koman. (Blocho, Larry)
July 28, 2022 Opinion or Order Filing 283 NOTICE of Appearance by Hannah Stephens on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Stephens, Hannah)
July 28, 2022 Opinion or Order Filing 282 NOTICE of Appearance by Andrew D. Salek-Raham on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Salek-Raham, Andrew)
July 28, 2022 Opinion or Order Filing 281 NOTICE of Appearance by Sarah M. Adams on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Adams, Sarah)
July 28, 2022 Opinion or Order Filing 280 NOTICE of Appearance by Lars C. Golumbic on behalf of James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Golumbic, Lars)
July 27, 2022 Opinion or Order Filing 279 ORDER granting #276 Motion for Extension of Time. On May 19, 2022, Defendants/Third-Party Plaintiffs Charles Bidwill, III and Timothy Rand ("Bidwill and Rand") filed a Third-Party Complaint naming GreatBanc Trust Company as a Third-Party Defendant (Doc. 154). In addition to filing their Third-Party Complaint, Bidwill and Rand filed a joint motion to dismiss Plaintiffs' claims against them in the First Amended Complaint (Doc. 155). This motion to dismiss is still pending. By Motion dated July 25, 2022, Third-Party Defendant GreatBanc seeks to extend its answer deadline until after Bidwill and Rand's motion to dismiss is resolved. GreatBanc argues that if Bidwill and Rand's motion to dismiss is granted, and Plaintiffs' claims against Bidwill and Rand are dismissed, then the sole basis for GreatBanc's inclusion as a third-party in this lawsuit will likewise be resolved. Indeed, no other parties in this matter have asserted claims against GreatBanc. GreatBanc represents that Bidwill and Rand do not oppose the extension, and further states that it will "still participate in the discovery process and not use an extension as grounds to refuse or delay responding to any discovery." For good cause shown, GreatBanc's Motion (Doc. 276) is GRANTED. Third-Party Defendant GreatBanc's answer deadline to Bidwill and Rand's Third-Party Complaint at Doc. 154 is extended to 30-days after the entry of an Order disposing of Bidwill and Rand's pending Motion to Dismiss at Doc. 155. Further, a review of the docket indicates that GreatBanc has not filed the required disclosures under Federal Rule of Civil Procedure 7.1. GreatBanc shall therefore file its corporate disclosure statement by August 3, 2022. (Action due by 8/3/2022). Signed by Judge David W. Dugan on 7/27/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 27, 2022 Opinion or Order Filing 278 ORDER granting #273 Motion for Extension of Time. On June 29, 2022, Defendant Charles Bidwill, IIII as Trustee of the Bidwill Succession Trust (the "Trustee") moved to dismiss Plaintiffs' Amended Complaint (Doc. 231). By Motion dated July 25, 2022, Plaintiffs seek additional time to file a response to this motion to dismiss. Plaintiffs represent that counsel for the Trustee does not oppose Plaintiffs' request. Accordingly, Plaintiffs' Motion (Doc. 273) is GRANTED. Plaintiffs may file a response to the Trustee's motion to dismiss at Doc. 231 by August 22, 2022. (Responses due by 8/22/2022). Signed by Judge David W. Dugan on 7/27/2022. (arm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 26, 2022 Opinion or Order Filing 277 SUMMONS Returned Executed by All Plaintiffs. Mary C. Bidwill served on 7/21/2022, answer due 8/11/2022. (Wheeler, Ryan)
July 25, 2022 Opinion or Order Filing 276 MOTION for Extension of Time to File Answer re #154 Answer to Amended Complaint,,,, Third Party Complaint,,,, Crossclaim,,,, Counterclaim,,, Third-Party Defendant GreatBanc Trust Company's Motion to Extend its Deadline to Respond to Third-Party Complaint by GreatBanc Trust. (Stetson, Roger)
July 25, 2022 Opinion or Order Filing 275 NOTICE of Appearance by David Brian Lurie on behalf of GreatBanc Trust (Lurie, David)
July 25, 2022 Opinion or Order Filing 274 NOTICE of Appearance by Roger Hudson Stetson on behalf of GreatBanc Trust (Stetson, Roger)
July 25, 2022 Opinion or Order Filing 273 MOTION for Extension of Time to Oppose Defendant Bidwill Succession Trust's Motion to Dismiss by All Plaintiffs. (Wheeler, Ryan)
July 21, 2022 Opinion or Order Filing 272 WAIVER OF SERVICE Returned Executed by Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson. Franklin Toti waiver sent on 7/21/2022, answer due 9/19/2022. (Lanciloti, Daniel)
July 19, 2022 Opinion or Order Filing 271 WAIVER OF SERVICE Returned Executed by All Plaintiffs. Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust waiver sent on 6/16/2022, answer due 8/15/2022. (Yau, Michelle)
July 19, 2022 Opinion or Order Filing 270 WAIVER OF SERVICE Returned Executed by All Plaintiffs. Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust waiver sent on 6/16/2022, answer due 8/15/2022. (Yau, Michelle)
July 18, 2022 Opinion or Order Filing 269 NOTICE of Appearance by Edward J. Keating on behalf of James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose (Keating, Edward)
July 15, 2022 Opinion or Order Filing 268 MEMORANDUM in Support re #267 MOTION to Dismiss Plaintiff's First Amended Complaint filed by Shauna Bidwill Valenzuela. (Barron, Ann)
July 15, 2022 Opinion or Order Filing 267 MOTION to Dismiss Plaintiff's First Amended Complaint by Shauna Bidwill Valenzuela. (Barron, Ann)
July 15, 2022 Opinion or Order Filing 266 ORDER. For the reasons stated in the attached Memorandum and Order, Defendants' Motions to Amend Scheduling Order (Doc. #164 , Doc. #258 ), Plaintiffs' Motion to Compel (Doc. #151 ), and Defendants' Joint Motion to Extend Discovery Deadlines and for a Protective Order (Doc. #261 ) are DENIED, without prejudice. The parties are DIRECTED to Meet, Confer, and Report as detailed in the attached Order. The parties shall conduct a discovery conference on or before August 15, 2022 and submit a joint written discovery report to the Court at [email protected] by August 29, 2022. The Court further VACATES the following deadlines in the Court's Scheduling Order (Doc. 131): Close of Fact Discovery: 11/1/2022, and Dispositive Motions due by 6/30/2023. These deadlines will be reset after class certification is decided. Plaintiffs' Motion for Extension of Service Deadline (Doc. #250 ) is GRANTED. Plaintiffs' are further DIRECTED to file a status report by August 15, 2022 clarifying the identity of the named party defendant Co-Trustees of the Casino Queen Employee Stock Ownership Plan in the First Amended Complaint. The parties are further DIRECTED to use the abbreviated case caption provided in this Order for all future filings. The parties should also review the details of this Order carefully for further instructions. Finally, the Clerk of Court is DIRECTED to update Defendant Charles Bidwell, III's name on the docket sheet to Charles Bidwill, III, and to TERMINATE Defendants John & Jane Does 1-20 from the docket sheet as these defendants do not appear in the First Amended Complaint. (Joint Discovery Report due by 8/29/2022, Plaintiff Status Report due by 8/15/2022). Signed by Judge David W. Dugan on 7/15/2022. (arm)
July 14, 2022 Opinion or Order Filing 265 Minute Entry for proceedings held before Judge David W. Dugan: Motion Hearing held on 7/14/2022. Attorneys Michelle Yau, Diane Kee, Ryan Wheeler and Colleen Smith present on behalf of Plaintiffs. Attorney Joe Rice present on behalf of Defendants Casino Queen, Watson and Barrows. Attorneys Ronald Norwood and Apollo Carey present on behalf of Defendants Charles Bidwill, III, Rand and Bidwill Succession Trust. Attorneys Lars Golumbic, Andrew Salek-Raham and Hannah Stephens present on behalf of Defendant Koman. Attorneys Michael Croghan and Nicole Prefontaine present on behalf of Defendants Brian and Patricia Bidwill. Attorney Patrick Cloud present on behalf of Defendant Valenzuela. Attorney Jacob Simon present on behalf of William Koman, Jr. Trust. Attorney Stephen Rovak present on behalf of Third Party Defendant Gaughan. Attorney Jack Schriver present on behalf of Third Party Defendants Phillip, James, John, Patrick and Joan Kenny. The Court DENIES without prejudice Plaintiff's Motion to Compel (Doc. 151) and DENIES without prejudice Defendant Koman's Motion to Amend Scheduling Order (Doc. 164). Order to issue. (Court Reporter Hannah Jagler.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 14, 2022 Opinion or Order Filing 264 NOTICE of Appearance by Stephen J. O'Brien on behalf of Michael Gaughan (O'Brien, Stephen)
July 14, 2022 Opinion or Order Filing 263 NOTICE of Appearance by Alice M. Aten on behalf of Michael Gaughan (Aten, Alice)
July 14, 2022 Opinion or Order Filing 262 NOTICE of Appearance by Stephen H. Rovak on behalf of Michael Gaughan (Rovak, Stephen)
July 13, 2022 Opinion or Order Filing 261 MOTION to Amend/Correct #131 Scheduling Order to Extend Discovery Deadlines, For a Protective Order, to Shorten the Time to Respond, and For an Expedited Hearing by James G Koman. (Attachments: #1 Attachment A, #2 Declaration of Andrew D. Salek-Raham, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Golumbic, Lars)
July 13, 2022 Opinion or Order Filing 260 SUMMONS Returned Executed by All Plaintiffs. James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust served on 7/13/2022, answer due 8/3/2022. (Wheeler, Ryan)
July 13, 2022 Opinion or Order Filing 259 SUMMONS Returned Executed by Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson. Franklin Toti served on 6/28/2022, answer due 7/19/2022. (Lanciloti, Daniel)
July 12, 2022 Opinion or Order Filing 258 MOTION to Amend/Correct 131,164 by Brian R. Bidwill, Patricia M. Bidwill. (Croghan, Michael)
July 12, 2022 Opinion or Order Filing 257 ORDER Granting #255 MOTION to Appear Pro Hac Vice by Attorney Kevin A. Fanning on behalf of Patricia M. Bidwill, Brian R. Bidwill.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 12, 2022 Opinion or Order Filing 256 ORDER Granting #254 MOTION to Appear Pro Hac Vice by Attorney Raymond J. Koenig, III on behalf of Patricia M. Bidwill, Brian R. Bidwill.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 12, 2022 Opinion or Order Filing 255 MOTION to Appear Pro Hac Vice by Attorney Kevin A. Fanning $200 fee paid,receipt number AILSDC-4829187 by on behalf of Brian R. Bidwill, Patricia M. Bidwill. (Fanning, Kevin)
July 11, 2022 Opinion or Order Filing 254 MOTION to Appear Pro Hac Vice by Attorney Raymond J. Koenig, III $200 fee paid,receipt number AILSDC-4828899 by on behalf of Brian R. Bidwill, Patricia M. Bidwill. (Koenig, Raymond)
July 11, 2022 Opinion or Order Filing 253 MEMORANDUM in Support re #252 MOTION to Dismiss The Amended Complaint filed by Brian R. Bidwill, Patricia M. Bidwill. (Croghan, Michael)
July 11, 2022 Opinion or Order Filing 252 MOTION to Dismiss The Amended Complaint by Brian R. Bidwill, Patricia M. Bidwill. (Croghan, Michael)
July 11, 2022 Opinion or Order Filing 251 NOTICE OF MODIFICATION re 249 Order, Granting 247 MOTION to Appear Pro Hac Vice by Attorney Nicole M Prefontaine on behalf of Brian R. Bidwill and Patricia M. Bidwell. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 8, 2022 Opinion or Order Filing 250 First MOTION for Extension of Time to Serve First Amended Complaint by All Plaintiffs. (Attachments: #1 Declaration of Ryan A. Wheeler, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Wheeler, Ryan)
July 8, 2022 Opinion or Order Filing 249 ORDER Granting #247 MOTION to Appear Pro Hac Vice by Attorney Nicole M Prefontaine on behalf of Brian R. Bidwill and Patricia M. Bidwell.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 8, 2022 Opinion or Order Filing 248 MOTION to Appear Pro Hac Vice by Attorney Nicole M Prefontaine by on behalf of Patricia M. Bidwill. (Prefontaine, Nicole)
July 8, 2022 Opinion or Order Filing 247 MOTION to Appear Pro Hac Vice by Attorney Nicole M Prefontaine $200 fee paid,receipt number AILSDC-4827396 by on behalf of Brian R. Bidwill. (Prefontaine, Nicole)
July 8, 2022 Opinion or Order Filing 246 NOTICE of Appearance by Michael P. Croghan, Jr on behalf of Brian R. Bidwill (Croghan, Michael)
July 7, 2022 Opinion or Order Filing 245 NOTICE of Appearance by Diane Kee on behalf of All Plaintiffs (Kee, Diane)
July 7, 2022 Opinion or Order Filing 244 ORDER Granting #243 MOTION to Appear Pro Hac Vice by Attorney Diane Kee on behalf of Lillian Wrobel, Jason Gill, Tom Hensiek.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 7, 2022 Opinion or Order Filing 243 MOTION to Appear Pro Hac Vice by Attorney Diane Kee $200 fee paid,receipt number AILSDC-4826353 by on behalf of All Plaintiffs. (Kee, Diane)
July 7, 2022 Opinion or Order Filing 242 Summons Issued as to James G Koman. Original mailed to Michelle Yau. (adh)
July 6, 2022 Opinion or Order Filing 241 Summons Requested. (Attachments: #1 Summons)(Wheeler, Ryan)
July 5, 2022 Opinion or Order Filing 240 REPLY to Response to Motion re #159 MOTION for Judgment on the Pleadings filed by James G Koman. (Attachments: #1 Exhibit 1 - B. Vandersand Declaration)(Golumbic, Lars)
July 5, 2022 Opinion or Order Filing 239 RESPONSE in Opposition re #217 MOTION to Defer Briefing and Consideration of Defendant Koman's Motion for Summary Judgment filed by James G Koman. (Golumbic, Lars)
July 5, 2022 Opinion or Order Filing 238 SUMMONS Returned Executed by Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson. Philip B. Kenny served on 6/12/2022, answer due 7/5/2022. (Lanciloti, Daniel)
July 1, 2022 Opinion or Order Filing 237 NOTICE of Appearance by Daniel F. Lanciloti on behalf of Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson (Lanciloti, Daniel)
June 30, 2022 Opinion or Order Filing 236 ORDER granting #222 motion for extension of time. On May 19, 2022, Defendants Board of Directors of Casino Queen Holding Company, Inc., the Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson, and Robert Barrows filed an #153 answer that included third-party claims against Philip B. Kenny, James C. Kenny, John E. Kenny, Patrick B. Kenny, and Joan Kenny Rose (the third-party Kenny defendants), among others. On the same day, Defendants Charles Bidwill, III, and Timothy J. Rand filed an #154 answer that included third-party claims against Philip B. Kenny, among others. Most of the third-party Kenny defendants have been served with the third-party complaints, and counsel has appeared on behalf of all of them. The third-party Kenny defendants have now filed an #222 unopposed motion for extension of time to file their answers. For good cause shown, the #222 motion is GRANTED, and the third-party Kenny defendants shall file their answers or otherwise respond to the third-party complaints (Docs. 153 & 154) on or before August 15, 2022. Signed by Judge David W. Dugan on 6/30/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 30, 2022 Opinion or Order Filing 235 MEMORANDUM in Support re #234 MOTION to Dismiss Defendants William J. Koman, Jr. Irrevocable Trust's and William J. Koman, Sr. Living Trust's Motion to Dismiss the Amended Complaint Defendants William J. Koman, Jr. Irrevocable Trust's and William J. Koman, Sr. Living Trust's Memorandum in Support of their Motion to Dismiss the Amended Complaint filed by William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
June 30, 2022 Opinion or Order Filing 234 MOTION to Dismiss Defendants William J. Koman, Jr. Irrevocable Trust's and William J. Koman, Sr. Living Trust's Motion to Dismiss the Amended Complaint by William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
June 30, 2022 Opinion or Order Filing 233 ORDER granting #230 MOTION To Hold July 14 Hearing Remotely filed by Lillian Wrobel, Jason Gill, Tom Hensiek. The Motion Hearing set for 7/14/2022 at 1:00 p.m. (Central Standard Time) is converted to a Zoom video conference. The parties will receive the appropriate Zoom invitation via email from the Court. Signed by Judge David W. Dugan on 6/30/2022. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 29, 2022 Opinion or Order Filing 232 MEMORANDUM in Support re #231 MOTION to Dismiss for Failure to State a Claim and for Failure to Join an Indispensable Party filed by The Bidwill Succession Trust, its Trustee, and any beneficiaries of said Trust. (Norwood, Ronald)
June 29, 2022 Opinion or Order Filing 231 MOTION to Dismiss for Failure to State a Claim and for Failure to Join an Indispensable Party by The Bidwill Succession Trust, its Trustee, and any beneficiaries of said Trust. (Attachments: #1 Exhibit, #2 Exhibit)(Norwood, Ronald)
June 29, 2022 Opinion or Order Filing 230 MOTION To Hold July 14 Hearing Remotely by All Plaintiffs. (Wheeler, Ryan)
June 28, 2022 Opinion or Order Filing 229 NOTICE of Appearance by Aarnarian D. Carey on behalf of The Bidwill Succession Trust, its Trustee, and any beneficiaries of said Trust (Carey, Aarnarian)
June 28, 2022 Opinion or Order Filing 228 AMENDED SUMMONS Returned Executed by All Plaintiffs. Answer due 7/13/22 (Yau, Michelle) Modified on 6/28/2022 (jlh).
June 28, 2022 Opinion or Order Filing 227 NOTICE of Appearance by Ronald A. Norwood on behalf of The Bidwill Succession Trust, its Trustee, and any beneficiaries of said Trust (Norwood, Ronald)
June 27, 2022 Opinion or Order Filing 226 SUMMONS Returned Executed by Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson. Joan Kenny Rose served on 6/24/2022, answer due 7/15/2022. (Rice, Joel)
June 27, 2022 Opinion or Order Filing 225 SUMMONS Returned Executed by All Plaintiffs. Charles Bidwell, III served on 6/22/2022, answer due 7/13/2022. (Yau, Michelle)
June 24, 2022 Opinion or Order Filing 224 SUMMONS Returned Executed by Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson. Patrick B. Kenny served on 6/21/2022, answer due 7/12/2022. (Rice, Joel)
June 24, 2022 Opinion or Order Filing 223 SUMMONS Returned Executed by Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson. James C. Kenny served on 6/14/2022, answer due 7/5/2022. (Rice, Joel)
June 23, 2022 Opinion or Order Filing 222 MOTION for Extension of Time to File Answer re #154 Answer to Amended Complaint,,,, Third Party Complaint,,,, Crossclaim,,,, Counterclaim,,, #153 Answer to Amended Complaint,,, Third Party Complaint,,, Crossclaim,, Kenny Defendants Joint, Unopposed by James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose. (Schriver, John)
June 23, 2022 Opinion or Order Filing 221 NOTICE of Appearance by John Thomas Schriver, III on behalf of James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose (Schriver, John)
June 23, 2022 Opinion or Order Filing 220 ORDER Granting #219 MOTION to Appear Pro Hac Vice by Attorney Hannah Stephens on behalf of James G Koman.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 23, 2022 Opinion or Order Filing 219 MOTION to Appear Pro Hac Vice by Attorney Hannah Stephens $200 fee paid,receipt number AILSDC-4814977 by on behalf of James G Koman. (Stephens, Hannah)
June 22, 2022 Opinion or Order Filing 218 Summons Issued as to The Bidwill Succession Trust, its Trustee, and any beneficiaries of said Trust. Original mailed to Michelle Yau. (adh)
June 21, 2022 Opinion or Order Filing 217 MOTION to Defer Briefing and Consideration of Defendant Koman's Motion for Summary Judgment by All Plaintiffs. (Attachments: #1 Memorandum in support of motion, #2 Affidavit Yau Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M)(Yau, Michelle)
June 21, 2022 Opinion or Order Filing 216 MEMORANDUM in Opposition re #159 MOTION for Judgment on the Pleadings filed by All Plaintiffs. (Smith, Colleen)
June 21, 2022 Opinion or Order Filing 215 ORDER Setting Hearing on Motion #151 MOTION to Compel Production of Documents, #164 Joint MOTION to Amend/Correct #131 Scheduling Order (Joint Motion to Amend Scheduling and Discovery Order): Motion Hearing set for 7/14/2022 at 1:00 PM in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 6/21/2022. (dmw2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 17, 2022 Opinion or Order Filing 214 REPLY to Response to Motion re #151 MOTION to Compel Production of Documents filed by All Plaintiffs. (Attachments: #1 Yau Declaration, #2 Exhibit, #3 Exhibit)(Yau, Michelle)
June 14, 2022 Opinion or Order Filing 213 REPLY to Response to Motion re #164 Joint MOTION to Amend/Correct #131 Scheduling Order (Joint Motion to Amend Scheduling and Discovery Order) filed by James G Koman. (Attachments: #1 Declaration of Andrew D. Salek-Raham, #2 Exhibit H)(Golumbic, Lars)
June 14, 2022 Opinion or Order Filing 212 NOTICE of Appearance by Shaun Martin on behalf of All Plaintiffs (Martin, Shaun)
June 14, 2022 Opinion or Order Filing 211 ORDER Granting #210 MOTION to Appear Pro Hac Vice by Attorney Shaun Martin on behalf of Lillian Wrobel, Jason Gill, Tom Hensiek.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 14, 2022 Opinion or Order Filing 210 MOTION to Appear Pro Hac Vice by Attorney Shaun Martin $200 fee paid,receipt number AILSDC-4808792 by on behalf of All Plaintiffs. (Martin, Shaun)
June 14, 2022 Opinion or Order Filing 209 NOTICE of Appearance by Peter K. Stris on behalf of All Plaintiffs (Stris, Peter)
June 14, 2022 Opinion or Order Filing 208 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 206 Notice of Action,,. Entered in error. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 14, 2022 Opinion or Order Filing 207 ORDER Granting #205 MOTION to Appear Pro Hac Vice by Attorney Peter K. Stris on behalf of Lillian Wrobel, Jason Gill, Tom Hensiek.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 14, 2022 Opinion or Order Filing 206 STRICKEN NOTICE OF ACTION re #200 Notice of Appearance filed by Lillian Wrobel, Jason Gill, Tom Hensiek. Court records indicate that Attorney Michelle Yau is not admitted to practice in the Southern District of Illinois. Attorney Yau needs to file a Motion to Appear Pro Hac Vice to enter her appearance. Documentation and instructions for filing a Motion to Appear Pro Hac Vice can be found at the court's website at www.ilsd.uscourts.gov under Rules & Forms. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 13, 2022 Opinion or Order Filing 205 MOTION to Appear Pro Hac Vice by Attorney Peter K. Stris $200 fee paid,receipt number AILSDC-4808071 by on behalf of All Plaintiffs. (Stris, Peter)
June 13, 2022 Opinion or Order Filing 204 NOTICE of Appearance by Colleen R. Smith on behalf of All Plaintiffs (Smith, Colleen)
June 13, 2022 Opinion or Order Filing 203 NOTICE of Appearance by John Stokes on behalf of All Plaintiffs (Stokes, John)
June 13, 2022 Opinion or Order Filing 202 NOTICE of Appearance by Victor O'Connell on behalf of All Plaintiffs (O'Connell, Victor)
June 13, 2022 Opinion or Order Filing 201 NOTICE of Appearance by Mary Joanne Bortscheller on behalf of All Plaintiffs (Bortscheller, Mary)
June 13, 2022 Opinion or Order Filing 200 NOTICE of Appearance by Michelle C. Yau on behalf of All Plaintiffs (Yau, Michelle)
June 13, 2022 Opinion or Order Filing 199 Summons Requested. (Attachments: #1 Summons)(Wheeler, Ryan)
June 13, 2022 Opinion or Order Filing 198 SUMMONS Returned Executed by Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson. John E. Kenny, Jr served on 6/9/2022, answer due 6/30/2022. (Rice, Joel)
June 13, 2022 Opinion or Order Filing 197 NOTICE of Appearance by Ryan Wheeler on behalf of All Plaintiffs (Wheeler, Ryan)
June 13, 2022 Opinion or Order Filing 196 SUMMONS Returned Executed by All Plaintiffs. Shauna Bidwill Valenzuela served on 5/7/2022, answer due 7/15/2022. (Wheeler, Ryan)
June 13, 2022 Opinion or Order Filing 195 AFFIDAVIT of Service by Charles Bidwell, III, Timothy J Rand. (Norwood, Ronald)
June 13, 2022 Opinion or Order Filing 194 NOTICE OF ACTION re #193 Answer to Crossclaim filed by Lillian Wrobel, Jason Gill, Tom Hensiek. NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Yau does not have a Notice of Appearance on file in this case. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 10, 2022 Opinion or Order Filing 193 ANSWER to #154 Answer to Amended Complaint,,,, Third Party Complaint,,,, Crossclaim,,,, Counterclaim,,, by All Plaintiffs.(Yau, Michelle)
June 10, 2022 Opinion or Order Filing 192 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #190 Answer to Counterclaim filed by Lillian Wrobel, Jason Gill, Tom Hensiek. Login used and signature do not match. Filer will re-file documents.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 9, 2022 Opinion or Order Filing 191 ORDER granting #189 joint motion for extension of time. Plaintiffs filed their #144 first amended complaint against Defendants the Board of Directors of CQ Holding Company, Inc., the Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Jeffrey Watson, Charles Bidwill, III, Timothy J. Rand, and James G. Koman (collectively, the "cross-claim defendants"), among others. The cross-claim defendants filed their answers on May 19, 2022. (Docs. 153, 154 & 157). Their answers included cross-claims against each other. These Defendants have now filed a #189 joint motion for extension of time to answer each other's cross-claims. For good cause shown, the #189 joint motion for extension of time is GRANTED, and the cross-claim defendants shall file their answers to the cross-claims (Docs. 153, 154 & 157) on or before August 15, 2022. Signed by Judge David W. Dugan on 6/9/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 9, 2022 Opinion or Order Filing 190 STRICKEN ANSWER to #154 Answer to Amended Complaint,,,, Third Party Complaint,,,, Crossclaim,,,, Counterclaim,,, by All Plaintiffs.(Wheeler, Ryan) Modified on 6/10/2022 (adh).
June 9, 2022 Opinion or Order Filing 189 Joint MOTION for Extension of Time to File Answer (Cross-Claim Defendants' Joint Motion for Enlargement of Time to File Answer or Otherwise Respond to Cross-Claims) by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson. (Rice, Joel)
June 7, 2022 Opinion or Order Filing 188 MEMORANDUM in Opposition re #164 Joint MOTION to Amend/Correct #131 Scheduling Order (Joint Motion to Amend Scheduling and Discovery Order) filed by All Plaintiffs. (Attachments: #1 Declaration of Michelle C. Yau, #2 Exhibit, #3 Exhibit)(Wheeler, Ryan)
June 7, 2022 Opinion or Order Filing 187 ORDER granting #184 motion for extension. Defendant Patricia M. Bidwill was served with the #144 first amended complaint on April 21, 2022, and her answer was due by May 12, 2022. On June 6, 2022, counsel for Bidwill appeared for the first time and filed an #184 unopposed motion for a 60-day extension of time to respond to the first amended complaint. Counsel represents that Bidwill worked diligently to secure counsel and that counsel appeared and filed the motion as soon as he had been formally engaged and admitted to practice in this Court. The Court finds that Bidwill failed to timely answer the complaint due to excusable neglect pursuant to Federal Rule of Civil Procedure 6(b)(1)(B). Accordingly, for good cause shown, Bidwill's #184 unopposed motion for extension of time is GRANTED. Bidwill shall answer or otherwise respond to the #144 first amended complaint on or before July 11, 2022. Signed by Judge David W. Dugan on 6/7/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 7, 2022 Opinion or Order Filing 186 Summons Issued as to Michael Gaughan, James C. Kenny, John E. Kenny, Jr, Patrick B. Kenny, Philip B. Kenny, Joan Kenny Rose, Mary Ann Kenny Smith, Franklin Toti. Originals mailed to Joel W. Rice. (adh)
June 6, 2022 Opinion or Order Filing 185 Summons Requested. (Attachments: #1 Summons to James Kenny, #2 Summons to Joan Kenny Rose, #3 Summons to John Kenny Jr., #4 Summons to Mary Ann Kenny Smith, #5 Summons to Michael Gaughan, #6 Summons to Patrick Kenny, #7 Summons to Philip Kenny)(Rice, Joel)
June 6, 2022 Opinion or Order Filing 184 MOTION for Extension of Time to File Response/Reply as to #144 Amended Complaint,,,, by Patricia M. Bidwill. (Croghan, Michael)
June 6, 2022 Opinion or Order Filing 183 NOTICE of Appearance by Michael P. Croghan, Jr on behalf of Patricia M. Bidwill (Croghan, Michael)
June 6, 2022 Opinion or Order Filing 182 ORDER granting #180 motion for extension. Defendant William J. Koman, Jr. Irrevocable Trust's response to Plaintiffs' #144 amended complaint is due June 30, 2022. Defendant William J. Koman, Sr. Living Trust was recently served with the amended complaint and its response is due June 14, 2022. The same counsel has appeared for both defendants and has filed a #180 consent motion to set the following deadlines: June 30, 2022, for both defendants' responses to the amended complaint; August 22, 2022, for Plaintiffs' opposition to any Rule 12 motion filed by these defendants; and September 13, 2022, for these defendants' reply in support of any Rule 12 motion, should a reply be justified under SDIL-LR 7.1(c). For good cause shown, the #180 consent motion is GRANTED, and the deadlines are SET as requested by these defendants. Signed by Judge David W. Dugan on 6/6/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 3, 2022 Opinion or Order Filing 181 MEMORANDUM in Opposition re #151 MOTION to Compel Production of Documents from Defendants filed by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Charles Bidwell, III, Board of Directors of Casino Queen Holding Company, Inc., James G Koman, Timothy J Rand, Jeffrey Watson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Norwood, Ronald)
June 3, 2022 Opinion or Order Filing 180 Consent MOTION re #177 Summons Returned Executed, 175 Order on Motion for Extension of Time to Answer,,,, to Reset Deadlines for Responses by William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
June 3, 2022 Opinion or Order Filing 179 NOTICE of Appearance by Jacob B. Simon on behalf of William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust (Simon, Jacob)
June 3, 2022 Opinion or Order Filing 178 NOTICE of Appearance by Jeffrey S. Russell on behalf of William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust (Russell, Jeffrey)
June 2, 2022 Opinion or Order Filing 177 SUMMONS Returned Executed by All Plaintiffs. William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust served on 5/24/2022, answer due 6/14/2022. (Attachments: #1 Proof of Service)(Wheeler, Ryan)
June 1, 2022 Opinion or Order Filing 176 ORDER granting #173 motion for extension. Now before the Court is Defendant Shauna Bidwill Valenzuela's #173 motion for extension of time to answer Plaintiffs' #144 amended complaint. Valenzuela indicates that she was served on May 7, 2022, making her responsive pleading due May 31, 2022, the day she filed her #173 motion for extension. Valenzuela seeks an extension of time until July 15, 2022, to file her responsive pleading. Plaintiffs do not oppose her request. For good cause shown, the #173 motion is GRANTED. Valenzuela shall file her responsive pleading on or before July 15, 2022. Signed by Judge David W. Dugan on 6/1/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 31, 2022 Opinion or Order Filing 175 ORDER granting #168 motion for extension. Plaintiffs served their #144 amended complaint on Defendant William J. Koman, Jr. Irrevocable Trust on April 25, 2022. Defendant's answer was due on May 16, 2022. On May 25, 2022, counsel for Defendant appeared for the first time and filed a #168 motion for extension of time to answer the #144 amended complaint. Counsel represents that Defendant worked diligently to secure representation and engaged counsel on May 25. Counsel for Defendant filed the #168 motion for extension the same day, seeking excusal of Defendant's delay and an additional 60 days to file its answer. The Court finds that Defendant failed to timely answer the complaint due to excusable neglect pursuant to Federal Rule of Civil Procedure 6(b)(1)(B). Accordingly, for good cause shown, Defendant's #168 motion is GRANTED in part and DENIED in part. Defendant shall answer or otherwise respond to the #144 amended complaint on or before June 30, 2022. Signed by Judge David W. Dugan on 5/31/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 31, 2022 Opinion or Order Filing 174 REPLY to Response to Motion re #155 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Charles Bidwell, III, Timothy J Rand. (Norwood, Ronald)
May 31, 2022 Opinion or Order Filing 173 MOTION for Extension of Time to File Answer re #144 Amended Complaint,,,, by Shauna Bidwill Valenzuela. (Barron, Ann)
May 31, 2022 Opinion or Order Filing 172 NOTICE of Appearance by Patrick D. Cloud on behalf of Shauna Bidwill Valenzuela (Cloud, Patrick)
May 31, 2022 Opinion or Order Filing 171 NOTICE of Appearance by Ann C. Barron on behalf of Shauna Bidwill Valenzuela (Barron, Ann)
May 26, 2022 Opinion or Order Filing 170 Summons Issued as to Philip B. Kenny. Original mailed to Ronald Norwood. (adh)
May 26, 2022 Opinion or Order Filing 169 Summons Requested. (Norwood, Ronald)
May 25, 2022 Opinion or Order Filing 168 MOTION for Extension of Time to File Answer re #144 Amended Complaint,,,, Defendant William J. Koman, Jr. Irrevocable Trust's Motion for an Extension of Time to Respond to the First Amended Class Action Complaint by William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust. (Russell, Jeffrey)
May 25, 2022 Opinion or Order Filing 167 NOTICE of Appearance by Jacob B. Simon on behalf of William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Simon, Jacob)
May 25, 2022 Opinion or Order Filing 166 NOTICE of Appearance by Jeffrey S. Russell on behalf of William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust (Russell, Jeffrey)
May 25, 2022 Opinion or Order Filing 165 ORDER granting #162 motion for extension of time. On May 12, 2022, Plaintiffs filed a #151 motion to compel. The parties now seek an extension of the briefing deadline on the #151 motion to compel. For good cause shown, the parties' #162 joint motion is GRANTED. Defendants shall file their response to the #151 motion to compel on or before June 3, 2022, and Plaintiffs may file a reply brief on or before June 17, 2022. Signed by Judge David W. Dugan on 5/25/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 25, 2022 Opinion or Order Set/Reset Deadlines as to #151 MOTION to Compel Production of Documents. Responses due by 6/3/2022 (adh)
May 24, 2022 Opinion or Order Filing 164 Joint MOTION to Amend/Correct #131 Scheduling Order (Joint Motion to Amend Scheduling and Discovery Order) by James G Koman. (Attachments: #1 Exhibit Andrew D. Salek-Raham Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Golumbic, Lars)
May 24, 2022 Opinion or Order Filing 163 NOTICE REGARDING FILING re #162 Motion for Extension of Time,, Motion for Extension of Time to File Response/Reply, filed by Timothy J Rand, Robert Barrows, James G Koman, Charles Bidwell, III, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson, Board of Directors of Casino Queen Holding Company, Inc.. Filer did not include a certificate of service as the last page of the document. This Notice is sent for informational purposes, no action is required. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 24, 2022 Opinion or Order Filing 162 Joint MOTION for Extension of Time to Respond and Reply to Motion to Compel, Joint MOTION for Extension of Time to File Response/Reply to Motion to Compel by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Charles Bidwell, III, Board of Directors of Casino Queen Holding Company, Inc., James G Koman, Timothy J Rand, Jeffrey Watson. (Attachments: #1 Exhibit Proposed Order)(Norwood, Ronald)
May 24, 2022 Opinion or Order Filing 161 NOTICE REGARDING FILING re #158 Response in Opposition to Motion filed by Lillian Wrobel, Jason Gill, Tom Hensiek, #160 Memorandum in Support of Motion filed by James G Koman, #159 Motion for Judgment on the Pleadings filed by James G Koman. Filer did not include a certificate of service. This Notice is sent for informational purposes only, therefore no action is required. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 23, 2022 Opinion or Order Filing 160 MEMORANDUM in Support re #159 MOTION for Judgment on the Pleadings filed by James G Koman. (Golumbic, Lars)
May 23, 2022 Opinion or Order Filing 159 MOTION for Judgment on the Pleadings by James G Koman. (Golumbic, Lars)
May 23, 2022 Opinion or Order Filing 158 RESPONSE in Opposition re #155 MOTION to Dismiss Plaintiffs' Amended Complaint filed by All Plaintiffs. (O'Connell, Victor)
May 19, 2022 Opinion or Order Filing 157 Defendant James G. Koman's ANSWER to #144 Amended Complaint,,,, , including Affirmative Defenses, CROSSCLAIM against Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Charles Bidwell, III, Board of Directors of Casino Queen Holding Company, Inc., Timothy J Rand, Jeffrey Watson by James G Koman. (Attachments: #1 Exhibit Andrew D. Salek-Raham Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z)(Golumbic, Lars)
May 19, 2022 Opinion or Order Filing 156 MEMORANDUM in Support re #155 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Charles Bidwell, III, Timothy J Rand. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Norwood, Ronald)
May 19, 2022 Opinion or Order Filing 155 MOTION to Dismiss Plaintiffs' Amended Complaint by Charles Bidwell, III, Timothy J Rand. (Norwood, Ronald)
May 19, 2022 Opinion or Order Filing 154 Defendants' ANSWER to #144 Amended Complaint,,,, , THIRD PARTY COMPLAINT against Philip B. Kenny, GreatBanc Trust, Michael Gaughan, CROSSCLAIM against Administrative Committee of the Casino Queen Employee Stock Ownership Plan, James G Koman, Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Jeffrey Watson, COUNTERCLAIM against Jason Gill, Tom Hensiek, Lillian Wrobel by Timothy J Rand, Charles Bidwell, III. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)(Norwood, Ronald)
May 19, 2022 Opinion or Order Filing 153 ANSWER to #144 Amended Complaint,,,, and Affirmative Defenses, THIRD PARTY COMPLAINT against Franklin Toti, Joan Kenny Rose, Philip B. Kenny, James C. Kenny, Michael Gaughan, Mary Ann Kenny Smith, Patrick B. Kenny, John E. Kenny, Jr., CROSSCLAIM against Charles Bidwell, III, James G Koman, Timothy J Rand by Board of Directors of Casino Queen Holding Company, Inc., Robert Barrows, Jeffrey Watson, Administrative Committee of the Casino Queen Employee Stock Ownership Plan.(Rice, Joel)
May 17, 2022 Opinion or Order Filing 152 NOTICE OF CANCELLATION of Hearing: Due to a conflict in the Court's calendar, the Status Conference set for 5/26/2022 is CANCELLED and will be reset at a later date, if necessary. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 12, 2022 Opinion or Order Filing 151 MOTION to Compel Production of Documents by All Plaintiffs. (Attachments: #1 Declaration of Michelle C. Yau, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Wheeler, Ryan)
May 9, 2022 Opinion or Order Filing 150 SUMMONS Returned Executed by All Plaintiffs. William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust served on 4/25/2022, answer due 5/16/2022. (Yau, Michelle)
May 9, 2022 Opinion or Order Filing 149 SUMMONS Returned Executed by All Plaintiffs. Patricia M. Bidwill served on 4/21/2022, answer due 5/12/2022. (Yau, Michelle)
April 27, 2022 Opinion or Order Filing 148 ORDER granting #147 motion for extension of time. For good cause shown, Defendants' unopposed #147 motion for extension of time to file answer is GRANTED. Defendants Board of Directors of CQ Holding Company, Inc., the Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Jeffrey Watson, Charles Bidwill, III, James G. Koman, and Timothy J. Rand shall file their answer to Plaintiffs' #144 amended complaint on or before May 19, 2022. Signed by Judge David W. Dugan on 4/27/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 26, 2022 Opinion or Order Filing 147 MOTION for Extension of Time to File Answer (Defendants' Unopposed Motion to Extend Deadline to Respond to Plaintiffs' First Amended Complaint) by James G Koman. (Golumbic, Lars)
April 19, 2022 Opinion or Order Filing 146 Summons Issued as to Brian R. Bidwill, Mary C. Bidwill, Patricia M. Bidwill, Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust, Shauna Bidwill Valenzuela, William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust. Originals mailed to Michelle C. Yau. (adh)
April 18, 2022 Opinion or Order Filing 145 Summons Requested. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)(Wheeler, Ryan)
April 14, 2022 Opinion or Order Filing 144 AMENDED COMPLAINT against Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Charles Bidwell, III, Board of Directors of Casino Queen Holding Company, Inc., James G Koman, Timothy J Rand, Jeffrey Watson, Co-Trustees of the Casino Queen Employee Stock Ownership Plan, Mary C. Bidwill, Brian R. Bidwill, Patricia M. Bidwill, Shauna Bidwill Valenzuela, The Bidwill Succession Trust, its Trustee, and any beneficiaries of said Trust, Bidwill Kasino Trust, its Trustee, and any beneficiaries of said Trust, The Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust, The William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, The William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust, The Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, The Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, The James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust, filed by All Plaintiffs.(Wheeler, Ryan)
March 29, 2022 Opinion or Order Filing 143 ORDER. On March 24, 2022, the parties submitted a joint stipulation extending Plaintiffs' deadline to amend their complaint to April 14, 2022. The Court finds that the parties have complied with the Court's February 10, 2022, Scheduling and Discovery Order and EXTENDS Plaintiffs' deadline to amend their complaint to April 14, 2022. Signed by Judge David W. Dugan on 3/29/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 29, 2022 Opinion or Order Set/Reset Deadlines: Plaintiff's Amended Complaint due by 4/14/2022. (adh)
March 28, 2022 Opinion or Order Filing 142 ORDER Granting #141 MOTION to Appear Pro Hac Vice by Attorney Colleen R. Smith on behalf of Jason Gill, Tom Hensiek.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 25, 2022 Opinion or Order Filing 141 MOTION to Appear Pro Hac Vice by Attorney Colleen R. Smith $200 fee paid,receipt number AILSDC-4743846 by on behalf of Jason Gill, Tom Hensiek. (Smith, Colleen)
March 16, 2022 Opinion or Order Filing 140 AMENDED ORDER CONCERNING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Signed by Judge David W. Dugan on 3/16/2022. (sth)
March 16, 2022 Opinion or Order Filing 139 Minute Entry for proceedings held before Judge David W. Dugan: Discovery Dispute Conference held on 3/16/2022. Attorneys Ryan Wheeler, Michelle Yau and Victor O'Connell present on behalf of Plaintiffs. Attorney Joel Rice present on behalf of Defendants Casino Queen, Watson and Barrows. Attorneys Andrew Salek-Raham and Sarah Adams present on behalf of Defendant Koman. Attorney Ron Norwood present on behalf of Defendants Bidwell and Rand. The Court hears from the parties with regard to the disputed discovery materials. Order to issue. Status Conference set for 5/26/2022 at 2:00 PM via Zoom video conference before Judge David W. Dugan. (Court Reporter Stacey Bleyer.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 2, 2022 Opinion or Order Filing 138 ORDER CONCERNING DISCOVERY OF ELECTRONICALLY STORED INFORMATION. Discovery Dispute Conference set for 3/16/2022 at 10:00 AM via Zoom video conference before Judge David W. Dugan. Signed by Judge David W. Dugan on 3/2/2022. (dmw2)
March 2, 2022 Opinion or Order Filing 137 STIPULATED PROTECTIVE ORDER. Signed by Judge David W. Dugan on 3/2/2022. (dmw2)
February 25, 2022 Opinion or Order Filing 136 ANSWER to #1 Complaint and Affirmative Defenses by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson.(Rice, Joel)
February 25, 2022 Opinion or Order Filing 135 ANSWER to #1 Complaint , including Affirmative Defenses by James G Koman.(Golumbic, Lars)
February 25, 2022 Opinion or Order Filing 134 ANSWER to #1 Complaint , including Affirmative and Additional Defenses, by Charles Bidwell, III, Timothy J Rand.(Norwood, Ronald)
February 23, 2022 Opinion or Order Reset Deadlines: Action due by 2/25/2022. (amv)
February 22, 2022 Opinion or Order Filing 133 ORDER granting #132 Motion for Extension of Time. For good cause shown, the parties' #132 joint motion for extension of time to submit a joint proposed ESI protocol is GRANTED. The parties shall submit their joint proposed ESI protocol by February 25, 2022. Signed by Judge David W. Dugan on 2/22/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 18, 2022 Opinion or Order Filing 132 Joint MOTION for Extension of Time to Submit a Joint Proposed ESI Protocol by James G Koman. (Golumbic, Lars)
February 10, 2022 Opinion or Order Filing 131 SCHEDULING AND DISCOVERY ORDER: Discovery due by 11/1/2022. Dispositive Motions due by 6/30/2023. Motion for Class Certification due by 9/30/2022. Signed by Judge David W. Dugan on 2/10/2022. (Attachments: #1 JROP)(dmw2)
February 10, 2022 Opinion or Order Filing 130 ORDER granting #128 motion for extension. For good cause shown, Defendants' unopposed #128 motion for extension of time to file their answers to Plaintiffs' complaint is GRANTED. Defendants shall file their answers by February 25, 2022. Signed by Judge David W. Dugan on 2/10/2022. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 10, 2022 Opinion or Order Filing 129 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #127 Notice (Other) filed by Jason Gill, Tom Hensiek. As indicated in the Minute entry at Doc. 126, the JROP shall be submitted via email to [email protected] for review. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 9, 2022 Opinion or Order Filing 128 MOTION for Extension of Time to File Answer to Plaintiffs' Complaint by James G Koman. (Golumbic, Lars)
February 9, 2022 Opinion or Order Filing 127 STRICKEN - NOTICE by All Plaintiffs Joint Report of the Parties and Proposed Scheduling and Discovery Order (Wheeler, Ryan) Modified on 2/10/2022 (dmw2).
February 8, 2022 Opinion or Order Filing 126 Minute Entry for proceedings held before Judge David W. Dugan: Status Conference held on 2/8/2022. Attorneys Ryan Wheeler, Michelle Yau and Victor O'Connell present on behalf of Plaintiffs. Attorney Joel Rice present on behalf of Defendants Casino Queen, Watson and Barrows. Attorneys Andrew Salek-Raham and Lars Golumbic present on behalf of Defendant Koman. Attorney Ron Norwood present on behalf of Defendants Bidwell and Rand. The Parties are instructed to submit a new Joint Report, within 7 days, using the dates outlined by the Court during the hearing today. The JROP shall be submitted via email to [email protected]. Bench Trial is set for 10/23/2023 at 9:00 AM and Final Pretrial Conference is set for 10/12/2023 at 10:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. (Court Reporter N/A.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 2, 2022 Opinion or Order Filing 125 ORDER granting #123 Motion to Appear Pro Hac Vice by Attorney John Stokes and granting #124 Motion to Appear Pro Hac Vice by Attorney Rachana Pathak on behalf of Jason Gill, Tom Hensiek. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 2, 2022 Opinion or Order Filing 124 MOTION to Appear Pro Hac Vice by Attorney Rachana Pathak $200 fee paid,receipt number AILSDC-4697543 by on behalf of Jason Gill, Tom Hensiek. (Pathak, Rachana)
February 2, 2022 Opinion or Order Filing 123 MOTION to Appear Pro Hac Vice by Attorney John Stokes $200 fee paid,receipt number AILSDC-4697533 by on behalf of Jason Gill, Tom Hensiek. (Stokes, John)
February 2, 2022 Opinion or Order Filing 122 ORDER Granting #120 MOTION to Appear Pro Hac Vice by Attorney Victor O'Connell on behalf of Jason Gill, Tom Hensiek.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 2, 2022 Opinion or Order Filing 121 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #119 Motion to Appear Pro Hac Vice filed by Jason Gill, Tom Hensiek. Fee not received. Please pay the $200 fee via pay.gov and refile Motion.(adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 1, 2022 Opinion or Order Filing 120 MOTION to Appear Pro Hac Vice by Attorney Victor O'Connell $200 fee paid,receipt number AILSDC-4696718 by on behalf of Jason Gill, Tom Hensiek. (O'Connell, Victor)
February 1, 2022 Opinion or Order Filing 119 STRICKEN MOTION to Appear Pro Hac Vice by Attorney John Stokes by on behalf of Jason Gill, Tom Hensiek. (Stokes, John) Modified on 2/2/2022 (adh).
January 28, 2022 Opinion or Order Filing 118 ORDER denying #48 Motion to Dismiss for Failure to State a Claim. All Defendants shall file an answer to the complaint within 14 days of the entry of this order. Signed by Judge David W. Dugan on 1/28/2022. (sth)
January 4, 2022 Opinion or Order Filing 117 NOTICE RESETTING Hearing: Due to a conflict in the Court's calendar, the Status Conference set for 1/5/2022 is RESET to 2/8/2022 at 2:00 PM via Zoom video conference before Judge David W. Dugan. The Parties will receive an updated Zoom invitation via email. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 29, 2021 Opinion or Order Filing 116 NOTICE of Hearing: Status Conference set for 1/5/2022 at 3:00 PM via Zoom video conference before Judge David W. Dugan. The Parties should be prepared to discuss the proposed Joint Report of Parties that was submitted to the Court. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 18, 2021 Opinion or Order Filing 115 Minute Entry for proceedings held before Judge David W. Dugan: Status Conference held on 11/18/2021. Attorneys Michelle Yau and Ryan Wheeler present on behalf of Plaintiffs. Attorney Joel Rice present on behalf of Defendants Casino Queen, Watson and Barrows. Attorneys Andrew Salek-Raham and Lars Golumbic present on behalf of Defendant Koman. Attorney Ron Norwood present on behalf of Defendants Bidwell and Rand. The Court orders the parties to submit a Joint Report of the Parties within the next 30 days. The JROP shall be submitted via email to [email protected]. The parties are instructed to use the correct form for the Joint Report which can be found on the Court's website. The previously imposed stay on this case is lifted. (Court Reporter N/A.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 25, 2021 Opinion or Order Filing 114 ORDER granting #113 MOTION to Continue Status Conference filed by Jason Gill, Tom Hensiek. Status Conference RESET to 11/18/2021 at 1:00 PM via Zoom video conference before Judge David W. Dugan. Signed by Judge David W. Dugan on 10/25/2021. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 22, 2021 Opinion or Order Filing 113 MOTION to Continue Status Conference by Jason Gill, Tom Hensiek. (Wheeler, Ryan)
October 21, 2021 Opinion or Order Filing 112 ORDER granting #111 Motion to Appear Pro Hac Vice by Attorney Ryan Wheeler on behalf of Tom Hensiek. (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 21, 2021 Opinion or Order Filing 111 MOTION to Appear Pro Hac Vice by Attorney Ryan Wheeler $200 fee paid,receipt number AILSDC-4612815 by on behalf of Tom Hensiek. (Wheeler, Ryan)
October 20, 2021 Opinion or Order Filing 110 NOTICE of Hearing: Status Conference set for 11/10/2021 at 11:30 AM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 15, 2021 Opinion or Order Filing 109 MANDATE of USCA as to #86 Notice of Appeal filed by James G Koman, #87 Notice of Appeal, filed by Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson, Board of Directors of Casino Queen Holding Company, Inc., #85 Notice of Appeal filed by Timothy J Rand, Charles Bidwell, III. IT IS ORDERED that the motion is GRANTED, and these appeals are DISMISSED voluntarily pursuant to Fed. R. App. P. 42(b). (Attachments: #1 Order)(amv)
August 23, 2021 Opinion or Order Filing 108 ORDER granting #105 #106 Motions to Withdraw as Attorney. For good cause, Plaintiffs' #105 #106 motions for Sarah D. Holz and Jamie L. Bowers to withdraw as counsel for Plaintiffs is GRANTED. Other counsel from Cohen Milstein Sellers & Toll, PLLC will continue to represent Plaintiffs. Signed by Judge David W. Dugan on 8/23/2021. (sth)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 23, 2021 Opinion or Order Filing 107 NOTICE OF MODIFICATION re #106 Motion to Withdraw as Attorney filed by Jason Gill, Tom Hensiek. Document contains a proposed order. Proposed orders are not to be filed, rather should be submitted via email to the assigned Judge. Proposed order has been removed from the docket and should be sent via email accordingly. (kek)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 20, 2021 Opinion or Order Filing 106 MOTION to Withdraw as Attorney by Jason Gill, Tom Hensiek. (Attachments: # 1 Proposed Order)(Bowers, Jamie)
April 27, 2021 Opinion or Order Filing 105 MOTION to Withdraw as Attorney by Jason Gill, Tom Hensiek. (Holz, Sarah)
February 12, 2021 Opinion or Order Filing 104 ORDER granting #88 Motion to Stay. Before the Court is Defendants' Motion to Stay Pending Appeal (Doc. #88 ). Over plaintiffs' objection, this case is STAYED in its entirety pending resolution of Defendants' joint motion to stay proceedings pending appeal, which is currently pending in the Seventh Circuit Court of Appeals. All hearings and deadlines herein are CANCELED and will be reset after the stay is lifted, if appropriate. Signed by Judge David W. Dugan on 2/12/2021. (jjmc) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 11, 2021 Opinion or Order Filing 103 RESPONSE in Opposition re #88 MOTION to Stay re #86 Notice of Appeal, #87 Notice of Appeal, #85 Notice of Appeal Pending Appeal filed by Jason Gill, Tom Hensiek. (Yau, Michelle)
February 8, 2021 Opinion or Order Filing 102 TRANSCRIPT INFORMATION SHEET by Court Reporter (kewa)
February 8, 2021 Opinion or Order Filing 101 TRANSCRIPT INFORMATION SHEET by Court Reporter (kewa)
February 5, 2021 Opinion or Order Filing 100 TRANSCRIPT INFORMATION SHEET by Attorney/Pro Se Party (Rice, Joel)
February 5, 2021 Opinion or Order Filing 99 TRANSCRIPT INFORMATION SHEET by Attorney/Pro Se Party (Golumbic, Lars)
February 5, 2021 Opinion or Order Filing 98 ORDER. Before the Court is Defendants' Motion to Stay (Doc. #88 ). The Defendants' Motion to Stay references the Plaintiffs' lack of consent to the Stay. The Court DIRECTS the Plaintiffs to respond to the Motion to Stay on or before February 11, 2021. Signed by Judge David W. Dugan on 2/5/2021. (jjmc) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 4, 2021 Opinion or Order Filing 97 TRANSCRIPT INFORMATION SHEET by Court Reporter (kewa)
February 3, 2021 Opinion or Order Filing 96 TRANSCRIPT INFORMATION SHEET by Attorney/Pro Se Party (Norwood, Ronald)
January 29, 2021 Opinion or Order Filing 95 USCA Case Number 21-1177 for #87 Notice of Appeal, filed by Robert Barrows, Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeffrey Watson, Board of Directors of Casino Queen Holding Company, Inc.. (Attachments: #1 Notice of Case Opening)(ack)
January 29, 2021 Opinion or Order Filing 94 USCA Case Number 21-1176 for #86 Notice of Appeal filed by James G Koman. (Attachments: #1 Notice of Case Opening)(ack)
January 29, 2021 Opinion or Order Filing 93 USCA Case Number 21-1175 for #85 Notice of Appeal filed by Timothy J Rand, Charles Bidwell, III. (Attachments: #1 Notice of Case Opening)(ack)
January 29, 2021 Opinion or Order Filing 92 Rule 10 Letter (amv)
January 29, 2021 Opinion or Order Filing 91 Transmission of Short Record to US Court of Appeals re #87 Notice of Appeal, (amv)
January 29, 2021 Opinion or Order Filing 90 Transmission of Short Record to US Court of Appeals re #86 Notice of Appeal (amv)
January 29, 2021 Opinion or Order Filing 89 Transmission of Short Record to US Court of Appeals re #85 Notice of Appeal (amv)
January 28, 2021 Opinion or Order Filing 88 MOTION to Stay re #86 Notice of Appeal, #87 Notice of Appeal, #85 Notice of Appeal Pending Appeal by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Charles Bidwell, III, Board of Directors of Casino Queen Holding Company, Inc., James G Koman, Timothy J Rand, Jeffrey Watson. (Norwood, Ronald)
January 28, 2021 Opinion or Order Filing 87 NOTICE OF APPEAL by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson. Filing fee $ 505, receipt number 0754-4389775. (Rice, Joel)
January 28, 2021 Opinion or Order Filing 86 NOTICE OF APPEAL as to #84 Order,, Terminate Motions, by James G Koman. Filing fee $ 505, receipt number 0754-4389742. (Golumbic, Lars)
January 28, 2021 Opinion or Order Filing 85 NOTICE OF APPEAL as to #84 Order,, Terminate Motions, by Charles Bidwell, III, Timothy J Rand. Filing fee $ 505, receipt number 0754-4389738. (Norwood, Ronald)
January 25, 2021 Opinion or Order Filing 84 ORDER. The Motion to Compel Arbitration (Doc. #45 ) filed by Defendants Rand, Koman and Bidwill, joined by Defendants (Doc. #47 ) Board of Directors of CQ Holding Company, Inc., Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Jeff Watson, and Robert Barrows is hereby DENIED. See attached Order for details. Signed by Judge David W. Dugan on 1/25/2021. (dmw2)
January 20, 2021 Opinion or Order Filing 83 Minute Entry for proceedings held before Judge David W. Dugan: Scheduling Conference held on 1/20/2021. Attorneys Sarah Holz, Jamie Bowers and Michelle Yau present on behalf of Plaintiffs. Attorney Joel Rice present on behalf of Defendants Casino Queen, Watson and Barrows. Attorneys Andrew Salek-Raham and Lars Golumbic present on behalf of Defendant Koman. Attorney Ron Norwood present on behalf of Defendants Bidwell and Rand. The Court DIRECTS the Parties to meet and confer to resolve the issues in the Joint Report and submit a new Joint Report to the Court via email at [email protected] by 2/19/2021. The Scheduling Conference is RESET to 2/23/2021 at 10:30 AM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. (Court Reporter N/A.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 8, 2021 Opinion or Order Filing 82 ORDER granting #81 Motion to Appear Pro Hac Vice by Attorney Jamie Bowers. (ack)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
January 7, 2021 Opinion or Order Filing 81 MOTION to Appear Pro Hac Vice by Attorney Jamie Leigh Bowers $200 fee paid,receipt number 0754-4372675 by on behalf of All Plaintiffs. (Bowers, Jamie)
January 6, 2021 Opinion or Order Filing 80 ORDER. Before the Court is the Defendants' Motion to Strike Plaintiffs' Supplement (Doc. #70 ). After review of the pleadings, Defendants' Motion to Strike Plaintiffs' Supplement is DENIED. Signed by Judge David W. Dugan on 1/6/2021. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 29, 2020 Opinion or Order Filing 79 Transcript of Motion Hearing held on 12-17-2020, before Judge David W. Dugan. Court Reporter/Transcriber Karen E. Waugh, Telephone number 618-482-9176. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at #http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/19/2021. Redacted Transcript Deadline set for 1/29/2021. Release of Transcript Restriction set for 3/29/2021. (kewa)
December 17, 2020 Opinion or Order Filing 78 Minute Entry for proceedings held before Judge David W. Dugan: Motion Hearing held on 12/17/2020. Attorneys Mary Bortscheller, Michelle Yau and Sarah Holz present on behalf of Plaintiffs. Attorney Joel Rice present on behalf of Defendants Casino Queen, Watson & Barrows. Attorneys Ronald Norwood and Apollo Carey present on behalf of Defendants Bidwell & Rand. Attorney Lars Golumbic present on behalf of Defendant Koman. The Court hears arguments on the pending motions at Doc. 45, 47, 48 and 70 and takes the matter under submission. Order to issue. (Court Reporter Karen Waugh.) (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 17, 2020 Opinion or Order Filing 77 ORDER. Scheduling Conference set for 1/20/2021 at 10:00 AM via Zoom video conference before Judge David W. Dugan. The Parties will receive the appropriate Zoom invitation via email from the Court. The Joint Report of the Parties is due on or before 1/13/2021 and shall be submitted via email to [email protected]. Signed by Judge David W. Dugan on 12/17/2020. (dmw2)
December 17, 2020 Opinion or Order Filing 76 CJRA TRACK D assigned: Final Pretrial Conference set for 10/13/2022 at 10:00 AM and Jury Trial set for 10/24/2022 at 9:00 AM both in the East St. Louis Courthouse before Judge David W. Dugan. Signed by Judge David W. Dugan on 12/17/2020. (dmw2)
December 15, 2020 Opinion or Order Filing 75 NOTICE: For access to the Zoom motion hearing set for 12/17/2020 at 10:00 a.m. by the public, please call toll-free 877-336-1831; when prompted, enter the seven-digit Access Code: 1410181. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 23, 2020 Opinion or Order Filing 74 ORDER GRANTING #73 Consent MOTION to Continue Hearing. The Motion Hearing is RESET to 12/17/2020 at 10:00 AM via Zoom video conference before Judge David W. Dugan. The Parties will receive a new Zoom invitation via email from the Court. Signed by Judge David W. Dugan on 11/23/2020. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 20, 2020 Opinion or Order Filing 73 Consent MOTION to Continue Hearing for Motion to Compel Arbitration, Joinder in Motion to Compel Arbitration, and Alternative Motion to Dismiss by Jason Gill, Tom Hensiek. (Bortscheller, Mary)
November 18, 2020 Opinion or Order Filing 72 RESPONSE in Opposition re #70 MOTION to Strike #69 Supplement filed by Jason Gill, Tom Hensiek. (Yau, Michelle)
November 17, 2020 Opinion or Order Filing 71 NOTICE REGARDING FILING re #70 Motion to Strike filed by James G Koman. When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required.This Notice is sent for informational purposes only. (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 16, 2020 Opinion or Order Filing 70 MOTION to Strike #69 Supplement by James G Koman. (Golumbic, Lars)
November 13, 2020 Opinion or Order Filing 69 SUPPLEMENT by Jason Gill, Tom Hensiek. Supplement to #58 Response in Opposition to Motion to Dismiss. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Yau, Michelle)
November 13, 2020 Opinion or Order Filing 68 ORDER. Motion to Supplement Plaintiffs' Response to the Motion to Dismiss filed by Defendants Bidwill, Rand, and Koman by Jason Gill, Tom Hensiek (Doc. #67 ) is GRANTED. Plaintiffs shall file supplement to their response by November 20, 2020. Signed by Judge David W. Dugan on 11/13/2020. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 12, 2020 Opinion or Order Filing 67 MOTION to Supplement Plaintiffs' Response to the Motion to Dismiss filed by Defendants Bidwill, Rand, and Koman by Jason Gill, Tom Hensiek. (Yau, Michelle)
October 29, 2020 Opinion or Order Filing 66 ORDER. For good cause shown, the Consent Motion to Continue Hearing (Doc. #65 ) is GRANTED. The Motion Hearing is RESET to 11/24/2020 at 10:00 a.m. via Zoom video conference before Judge David W. Dugan. The Parties will receive an updated Zoom invitation via email from the Court reflecting the new date and time. Signed by Judge David W. Dugan on 10/29/2020. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 26, 2020 Opinion or Order Filing 65 Consent MOTION to Continue Hearing for Motion to Compel Arbitration, Joinder in Motion to Compel Arbitration, and Alternative Motion to Dismiss by James G Koman. (Golumbic, Lars)
October 23, 2020 Opinion or Order Filing 64 NOTICE: For access by the public to the Zoom Motion Hearing set for 11/12/2020 at 10:00 a.m., please call toll-free 877-336-1831; when prompted, enter the seven-digit Access Code: 1410181. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 22, 2020 Opinion or Order Filing 63 REPLY to Response to Motion re #47 MOTION to Compel Arbitration and Joinder in Defendant Koman, Rand, and Bidwills Motion to Compel Arbitration, Order for Arbitration on an Individual Basis, and Order Dismissal of Plaintiffs' Complaint filed by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson. (Rice, Joel)
October 22, 2020 Opinion or Order Filing 62 REPLY to Response to Motion re #45 MOTION to Compel Arbitration, Order Arbitration on an Individual Basis, and Order Dismissal of Plaintiffs' Complaint filed by Charles Bidwell, III, James G Koman, Timothy J Rand. (Norwood, Ronald)
October 22, 2020 Opinion or Order Filing 61 REPLY to Response to Motion re #48 MOTION to Dismiss for Failure to State a Claim (Defendants Rand, Koman, and Bidwill's Alternative Motion to Dismiss) filed by James G Koman. (Attachments: #1 Affidavit Declaration of Lars C. Golumbic, #2 Exhibit 1 - Trust Agreement, #3 Exhibit 2 - GreatBanc Engagement, #4 Exhibit 3 - GreatBanc Direction)(Golumbic, Lars)
October 21, 2020 Opinion or Order Filing 60 ORDER: Plaintiff's Consent MOTION for Leave to File a Consolidated Response to Defendants' Responsive Pleadings filed by Jason Gill, Tom Hensiek (Doc. #51 ) is DENIED as MOOT. A Motion Hearing is set for 11/12/2020 at 10:00 a.m. via Zoom video conference before Judge David W. Dugan on the following motions: #45 MOTION to Compel Arbitration, Order Arbitration on an Individual Basis, and Order Dismissal of Plaintiffs' Complaint, #47 MOTION to Compel Arbitration and Joinder in Defendant Koman, Rand, and Bidwills Motion to Compel Arbitration, Order for Arbitration on an Individual Basis, and Order Dismissal of Plaintiffs' Complaint, and #48 MOTION to Dismiss for Failure to State a Claim (Defendants Rand, Koman, and Bidwill's Alternative Motion to Dismiss). The Parties will receive the appropriate Zoom invitation via email from the Court. Signed by Judge David W. Dugan on 10/21/2020. (dmw2)
October 21, 2020 Opinion or Order Filing 59 ORDER granting #52 Motion for Leave to File Excess Pages. Signed by Judge David W. Dugan on 10/21/2020. (jjmc)
October 8, 2020 Opinion or Order Filing 58 RESPONSE in Opposition re #48 MOTION to Dismiss for Failure to State a Claim (Defendants Rand, Koman, and Bidwill's Alternative Motion to Dismiss) filed by Jason Gill, Tom Hensiek. (Yau, Michelle)
October 8, 2020 Opinion or Order Filing 57 RESPONSE in Opposition re #47 MOTION to Compel Arbitration and Joinder in Defendant Koman, Rand, and Bidwills Motion to Compel Arbitration, Order for Arbitration on an Individual Basis, and Order Dismissal of Plaintiffs' Complaint filed by Jason Gill, Tom Hensiek. (Yau, Michelle)
October 8, 2020 Opinion or Order Filing 56 RESPONSE in Opposition re #45 MOTION to Compel Arbitration, Order Arbitration on an Individual Basis, and Order Dismissal of Plaintiffs' Complaint filed by Jason Gill, Tom Hensiek. (Yau, Michelle)
October 8, 2020 Opinion or Order Filing 55 NOTICE OF MODIFICATION re #54 Order of Recusal. Document was inadvertently not attached to Order. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 8, 2020 Opinion or Order Filing 54 ORDER OF RECUSAL. Judge Stephen P. McGlynn recused. Case reassigned to Judge David W. Dugan for all further proceedings. Signed by Judge Stephen P. McGlynn on 10/8/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (jsm2).
October 6, 2020 Opinion or Order Filing 53 Pursuant to Administrative Order No. 277, this case is transferred from Judge Staci M. Yandle and reassigned to Judge Stephen P. McGlynn. Unless the newly assigned judge directs otherwise, all deadlines and hearing dates shall remain in effect. All future pleadings shall bear the case number 20-377-SPM. (jaj)
September 29, 2020 Opinion or Order Filing 52 MOTION for Leave to File Excess Pages by Jason Gill, Tom Hensiek. (Holz, Sarah)
September 16, 2020 Opinion or Order Filing 51 Consent MOTION for Leave to File a Consolidated Response to Defendants' Responsive Pleadings by Jason Gill, Tom Hensiek. (Holz, Sarah)
August 25, 2020 Opinion or Order Filing 50 NOTICE REGARDING FILING re #46 Memorandum in Support of Motion, filed by Timothy J Rand, James G Koman, Charles Bidwell, III, #45 Motion to Compel,, filed by Timothy J Rand, James G Koman, Charles Bidwell, III, #48 Motion to Dismiss for Failure to State a Claim, filed by James G Koman, #49 Memorandum in Support of Motion filed by James G Koman. The documents contain multiple /s/signatures without the statement that the non filing attorney "consents" to the pleadings. This Notice is sent for informational purposes only. NO FURTHER ACTION IS REQUIRED. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 24, 2020 Opinion or Order Filing 49 MEMORANDUM in Support re #48 MOTION to Dismiss for Failure to State a Claim (Defendants Rand, Koman, and Bidwill's Alternative Motion to Dismiss) filed by James G Koman. (Golumbic, Lars)
August 24, 2020 Opinion or Order Filing 48 MOTION to Dismiss for Failure to State a Claim (Defendants Rand, Koman, and Bidwill's Alternative Motion to Dismiss) by James G Koman. Responses due by 9/28/2020 (Attachments: #1 Affidavit Declaration of Lars C. Golumbic, #2 Exhibit A, #3 Exhibit B)(Golumbic, Lars)
August 24, 2020 Opinion or Order Filing 47 MOTION to Compel Arbitration and Joinder in Defendant Koman, Rand, and Bidwills Motion to Compel Arbitration, Order for Arbitration on an Individual Basis, and Order Dismissal of Plaintiffs' Complaint by Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson. (Attachments: #1 Exhibit 1 - Declaration of Joel Rice with Tab 1)(Rice, Joel)
August 24, 2020 Opinion or Order Filing 46 MEMORANDUM in Support re #45 MOTION to Compel Arbitration, Order Arbitration on an Individual Basis, and Order Dismissal of Plaintiffs' Complaint filed by Charles Bidwell, III, James G Koman, Timothy J Rand. (Norwood, Ronald)
August 24, 2020 Opinion or Order Filing 45 MOTION to Compel Arbitration, Order Arbitration on an Individual Basis, and Order Dismissal of Plaintiffs' Complaint by Charles Bidwell, III, James G Koman, Timothy J Rand. (Attachments: #1 Exhibit Vandersand Declaration with Tab 1, #2 Exhibit Tab 2a of Vandersand Declaration, #3 Exhibit Tab 2b of Vandersand Declaration, #4 Exhibit Tab 3 of Vandersand Declaration, #5 Exhibit Tab 4 of Vandersand Declaration, #6 Exhibit Norwood Declaration with Tab 1)(Norwood, Ronald)
August 24, 2020 Opinion or Order Filing 44 NOTICE of Appearance by Joel W. Rice on behalf of Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Board of Directors of Casino Queen Holding Company, Inc., Jeffrey Watson (Rice, Joel)
August 19, 2020 Opinion or Order Filing 43 ORDER GRANTING Motion for Leave to File Excess Pages (Doc. #42 ). Signed by Judge Staci M. Yandle on 8/19/2020. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 19, 2020 Opinion or Order Filing 42 MOTION for Leave to File Excess Pages (Unopposed Motion) by James G Koman. (Golumbic, Lars)
July 14, 2020 Opinion or Order Filing 41 ORDER GRANTING Motion for Extension of Time to Answer (Doc. #40 ). Defendant Bidwill's Answer Due by August 24, 2020. Signed by Judge Staci M. Yandle on 7/14/2020. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 14, 2020 Opinion or Order Filing 40 MOTION for Extension of Time to File Answer and to be Bound by Briefing Order (unopposed motion) by Charles Bidwell, III. (Norwood, Ronald)
July 14, 2020 Opinion or Order Filing 39 NOTICE of Appearance by Aarnarian D. Carey on behalf of Charles Bidwell, III (Carey, Aarnarian)
July 14, 2020 Opinion or Order Filing 38 NOTICE of Appearance by Ronald A. Norwood on behalf of Charles Bidwell, III (Norwood, Ronald)
July 9, 2020 Opinion or Order Filing 37 NOTICE of Appearance by Aarnarian D. Carey on behalf of Timothy J Rand (Carey, Aarnarian)
July 9, 2020 Opinion or Order Filing 36 NOTICE of Appearance by Ronald A. Norwood on behalf of Timothy J Rand (Norwood, Ronald)
July 8, 2020 Opinion or Order Filing 35 ORDER. The Joint Motion to Extend Time to File Responsive Pleadings and to Set Briefing Schedule (Doc. #33 ) is GRANTED IN PART. Defendants shall file an Answer or otherwise plead to the Complaint on or before August 24, 2020; Plaintiffs response in opposition shall be filed on or before October 8, 2020. The filing of reply briefs remains subject to the undersigneds Case Management Procedures (i.e., motions for leave, timeframe/deadlines, page limitations). Signed by Judge Staci M. Yandle on 7/8/2020. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 8, 2020 Opinion or Order Filing 34 NOTICE REGARDING FILING re #33 Motion for Extension of Time to File Response/Reply filed by James G Koman. The document contains multiple /s/signatures without the statement that the non filing party "consents" to the filing. This Notice is sent for informational purposes only. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 7, 2020 Opinion or Order Filing 33 Joint MOTION for Extension of Time to File Response/Reply and to set Briefing Schedule by James G Koman. (Salek-Raham, Andrew)
July 2, 2020 Opinion or Order Filing 32 ORDER granting #28 Motion to Appear Pro Hac Vice; granting #29 Motion to Appear Pro Hac Vice; granting #30 Motion to Appear Pro Hac Vice; granting #31 Motion to Appear Pro Hac Vice on 7/2/2020. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 1, 2020 Opinion or Order Filing 31 MOTION to Appear Pro Hac Vice by Attorney Meredith F. Kimelblatt $200 fee paid,receipt number 0754-4218295 by on behalf of James G Koman. (Kimelblatt, Meredith)
July 1, 2020 Opinion or Order Filing 30 MOTION to Appear Pro Hac Vice by Attorney Andrew D. Salek-Raham $200 fee paid,receipt number 0754-4218294 by on behalf of James G Koman. (Salek-Raham, Andrew)
July 1, 2020 Opinion or Order Filing 29 MOTION to Appear Pro Hac Vice by Attorney Sarah M. Adams $200 fee paid,receipt number 0754-4218293 by on behalf of James G Koman. (Adams, Sarah)
July 1, 2020 Opinion or Order Filing 28 MOTION to Appear Pro Hac Vice by Attorney Lars C. Golumbic $200 fee paid,receipt number 0754-4218292 by on behalf of James G Koman. (Golumbic, Lars)
June 29, 2020 Opinion or Order Filing 27 SUMMONS Returned Executed by Jason Gill, Tom Hensiek. Charles Bidwell, III served on 6/24/2020, answer due 7/15/2020. (Holz, Sarah)
June 24, 2020 Opinion or Order Filing 26 WAIVER OF SERVICE Returned Executed by Jason Gill, Tom Hensiek. Timothy J Rand waiver sent on 6/23/2020, answer due 8/24/2020. (Holz, Sarah)
June 15, 2020 Opinion or Order Filing 25 WAIVER OF SERVICE Returned Executed by All Plaintiffs. Jeffrey Watson waiver sent on 5/14/2020, answer due 7/13/2020. (Holz, Sarah)
June 15, 2020 Opinion or Order Filing 24 WAIVER OF SERVICE Returned Executed by All Plaintiffs. James G Koman waiver sent on 5/14/2020, answer due 7/13/2020. (Holz, Sarah)
June 15, 2020 Opinion or Order Filing 23 WAIVER OF SERVICE Returned Executed by All Plaintiffs. Board of Directors of Casino Queen Holding Company, Inc. waiver sent on 5/14/2020, answer due 7/13/2020. (Holz, Sarah)
June 15, 2020 Opinion or Order Filing 22 WAIVER OF SERVICE Returned Executed by All Plaintiffs. Administrative Committee of the Casino Queen Employee Stock Ownership Plan waiver sent on 5/14/2020, answer due 7/13/2020. (Holz, Sarah)
June 15, 2020 Opinion or Order Filing 21 WAIVER OF SERVICE Returned Executed by All Plaintiffs. Robert Barrows waiver sent on 5/14/2020, answer due 7/13/2020. (Holz, Sarah)
June 9, 2020 Opinion or Order Filing 20 ORDER GRANTING Motion to Withdraw as Attorney (Doc. #19 ). Attorneys Kai Heinrich Richter, Grace Irene Chanin and Paul Joseph Lukas terminated. Signed by Judge Staci M. Yandle on 6/9/2020. (sgp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 5, 2020 Opinion or Order Filing 19 MOTION to Withdraw as Attorney Paul J. Lukas, Kai H. Richter and Grace I. Chanin by Jason Gill, Tom Hensiek. (Richter, Kai)
May 8, 2020 Opinion or Order Filing 18 ORDER granting #15 Motion to Appear Pro Hac Vice; granting #16 Motion to Appear Pro Hac Vice; granting #17 Motion to Appear Pro Hac Vice on 5/8/2020. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 7, 2020 Opinion or Order Filing 17 MOTION to Appear Pro Hac Vice by Attorney Grace Irene Chanin $200 fee paid,receipt number 0754-4174849 by on behalf of Jason Gill, Tom Hensiek. (Chanin, Grace)
May 7, 2020 Opinion or Order Filing 16 MOTION to Appear Pro Hac Vice by Attorney Kai Heinrich Richter $200 fee paid,receipt number 0754-4174832 by on behalf of Jason Gill, Tom Hensiek. (Richter, Kai)
May 7, 2020 Opinion or Order Filing 15 MOTION to Appear Pro Hac Vice by Attorney Paul Joseph Lukas $200 fee paid,receipt number 0754-4174820 by on behalf of Jason Gill, Tom Hensiek. (Lukas, Paul)
May 5, 2020 Opinion or Order Filing 14 Summons Issued as to Board of Directors of Casino Queen Holding Company, Inc. Original sent to Attorney Bortscheller. (ack)
April 30, 2020 Opinion or Order Filing 13 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge Staci M. Yandle for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 3:20-cv-377-SMY. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 30, 2020 Opinion or Order Filing 12 Summons Issued as to Administrative Committee of the Casino Queen Employee Stock Ownership Plan, Robert Barrows, Charles Bidwell, III, James G Koman, Timothy J Rand, Jeffrey Watson. Original documents sent to Attorney for Plaintiff for service. (rah)
April 29, 2020 Opinion or Order Filing 11 EXHIBIT by Jason Gill, Tom Hensiek. Exhibit to #1 Complaint (Amended Civil Cover Sheet). (Holz, Sarah)
April 29, 2020 Opinion or Order Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Yau, Michelle)
April 29, 2020 Opinion or Order Filing 9 ORDER granting #7 Motion to Appear Pro Hac Vice as to Attorney Sarah D. Holz on 4/29/2020. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 29, 2020 Opinion or Order Filing 8 ORDER granting #5 Motion to Appear Pro Hac Vice as to Attorney Michelle C. Yau on 4/29/2020. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 28, 2020 Opinion or Order Filing 7 MOTION to Appear Pro Hac Vice by Attorney Sarah D. Holz $200 fee paid,receipt number 0754-4168729 by on behalf of Jason Gill, Tom Hensiek. (Holz, Sarah)
April 28, 2020 Opinion or Order Filing 6 Summons Requested. (Attachments: #1 Summons for Administrative Committee of Casino Queen ESOP, #2 Summons for Charles Bidwill, III, #3 Summons for Timothy J. Rand, #4 Summons for James G. Koman, #5 Summons for Jeffrey Watson, #6 Summons for Robert Barrows)(Bortscheller, Mary)
April 28, 2020 Opinion or Order Filing 5 MOTION to Appear Pro Hac Vice by Attorney Michelle C. Yau $200 fee paid,receipt number 0754-4168669 by on behalf of Jason Gill, Tom Hensiek. (Yau, Michelle)
April 28, 2020 Opinion or Order Filing 4 NOTICE of Appearance by Mary Joanne Bortscheller on behalf of Jason Gill, Tom Hensiek (Bortscheller, Mary)
April 28, 2020 Opinion or Order Filing 3 NOTICE OF ACTION. See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Bortscheller does not have a Notice of Appearance on file in this case. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
April 28, 2020 Opinion or Order Filing 2 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly 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:. 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-cv-377-RJD. Consent due by 5/19/2020 (cds)
April 27, 2020 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0754-4167878.), filed by Jason Gill, Tom Hensiek. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Bortscheller, Mary)

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Search for this case: Hensiek et al v. Board of Directors of Casino Queen Holding Company, Inc. et al
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Defendant: Robert Barrows
Represented By: Joel W. Rice
Represented By: Daniel F. Lanciloti
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Defendant: Charles W Bidwill, III
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Defendant: Board of Directors of Casino Queen Holding Company, Inc.
Represented By: Joel W. Rice
Represented By: Daniel F. Lanciloti
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Defendant: Jeffrey Watson
Represented By: Joel W. Rice
Represented By: Daniel F. Lanciloti
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Defendant: James G Koman
Represented By: Hannah Stephens
Represented By: Larry M. Blocho, Jr.
Represented By: Lars C. Golumbic
Represented By: Andrew D. Salek-Raham
Represented By: Meredith F. Kimelblatt
Represented By: Sarah M. Adams
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Defendant: Timothy J Rand
Represented By: Ronald A. Norwood
Represented By: Aarnarian D. Carey
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Defendant: John & Jane Does 1-20
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Defendant: Administrative Committee of the Casino Queen Employee Stock Ownership Plan
Represented By: Joel W. Rice
Represented By: Daniel F. Lanciloti
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Defendant: Casino Queen Board of Directors
Represented By: Joel W. Rice
Represented By: Daniel F. Lanciloti
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Defendant: Charles Bidwell, III
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Defendant: Charles Bidwill, III
Represented By: Ronald A. Norwood
Represented By: Aarnarian D. Carey
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Defendant: Co-Trustees of the Casino Queen Employee Stock Ownership Plan
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Defendant: Mary C. Bidwill
Represented By: Ardyth J Eisenberg
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Defendant: Brian R. Bidwill
Represented By: Jonathan Andrew Lippner
Represented By: Kevin A. Fanning
Represented By: Michael P. Croghan, Jr.
Represented By: Nicole M Prefontaine
Represented By: Raymond J Koenig, III
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Defendant: Patricia M. Bidwill
Represented By: Michael P. Croghan, Jr.
Represented By: Jonathan Andrew Lippner
Represented By: Kevin A. Fanning
Represented By: Nicole M Prefontaine
Represented By: Raymond J Koenig, III
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Defendant: Shauna Bidwill Valenzuela
Represented By: Ann C. Barron
Represented By: Patrick D. Cloud
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Defendant: The Bidwill Succession Trust, its Trustee, and any beneficiaries of said Trust
Represented By: Aarnarian D. Carey
Represented By: Ronald A. Norwood
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Defendant: Bidwill Kasino Trust, its Trustee, and any beneficiaries of said Trust
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Defendant: Karen L. Hamilton Irrevocable Trust, Its Trustee, and any beneficiaries of said Trust
Represented By: Jacob B. Simon
Represented By: Jeffrey S. Russell
Represented By: Nathan Puckett
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Defendant: William J. Koman, Jr. Irrevocable Trust, its Trustee, and any beneficiaries of said Trust
Represented By: Jacob B. Simon
Represented By: Jeffrey S. Russell
Represented By: Nathan Puckett
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Defendant: William J. Koman, Sr. Living Trust, its Trustee, and any beneficiaries of said Trust
Represented By: Jeffrey S. Russell
Represented By: Jacob B. Simon
Represented By: Nathan Puckett
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Defendant: Elizabeth S. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust
Represented By: Jacob B. Simon
Represented By: Jeffrey S. Russell
Represented By: Nathan Puckett
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Defendant: Janis A. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust
Represented By: Jacob B. Simon
Represented By: Jeffrey S. Russell
Represented By: Nathan Puckett
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Defendant: James G. Koman Irrevocable Trust, its Trustee, and any beneficiaries of said Trust
Represented By: Andrew D. Salek-Raham
Represented By: Hannah Stephens
Represented By: Larry M. Blocho, Jr.
Represented By: Lars C. Golumbic
Represented By: Sarah M. Adams
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Plaintiff: Jason Gill
Represented By: Mary Joanne Bortscheller
Represented By: Colleen R. Smith
Represented By: Diane Kee
Represented By: Grace Irene Chanin
Represented By: Jamie Leigh Bowers
Represented By: John Stokes
Represented By: Kai Heinrich Richter
Represented By: Michelle C. Yau
Represented By: Paul Joseph Lukas
Represented By: Peter K. Stris
Represented By: Rachana Pathak
Represented By: Ryan Wheeler
Represented By: Sarah D. Holz
Represented By: Shaun Martin
Represented By: Victor O'Connell
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Plaintiff: Tom Hensiek
Represented By: Mary Joanne Bortscheller
Represented By: Michelle C. Yau
Represented By: Sarah D. Holz
Represented By: Colleen R. Smith
Represented By: Diane Kee
Represented By: Grace Irene Chanin
Represented By: Jamie Leigh Bowers
Represented By: John Stokes
Represented By: Kai Heinrich Richter
Represented By: Paul Joseph Lukas
Represented By: Peter K. Stris
Represented By: Rachana Pathak
Represented By: Ryan Wheeler
Represented By: Shaun Martin
Represented By: Victor O'Connell
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Plaintiff: Lillian Wrobel
Represented By: Colleen R. Smith
Represented By: Diane Kee
Represented By: John Stokes
Represented By: Mary Joanne Bortscheller
Represented By: Michelle C. Yau
Represented By: Peter K. Stris
Represented By: Shaun Martin
Represented By: Victor O'Connell
Represented By: Ryan Wheeler
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3rd party defendant: Casino Queen, Inc.
Represented By: Joel W. Rice
Represented By: Daniel F. Lanciloti
Represented By: Scott C. Fanning
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3rd party defendant: CQ Holding Company, Inc.
Represented By: Joel W. Rice
Represented By: Daniel F. Lanciloti
Represented By: Scott C. Fanning
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3rd party defendant: Franklin Toti
Represented By: Alice M. Aten
Represented By: Stephen J. O'Brien
Represented By: Stephen H. Rovak
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3rd party defendant: Joan Kenny Rose
Represented By: John Thomas Schriver, III
Represented By: Edward J. Keating
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3rd party defendant: Philip B. Kenny
Represented By: John Thomas Schriver, III
Represented By: Edward J. Keating
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3rd party defendant: James C. Kenny
Represented By: John Thomas Schriver, III
Represented By: Edward J. Keating
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3rd party defendant: Michael Gaughan
Represented By: Stephen H. Rovak
Represented By: Stephen J. O'Brien
Represented By: Alice M. Aten
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3rd party defendant: Mary Ann Kenny Smith
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3rd party defendant: Patrick B. Kenny
Represented By: John Thomas Schriver, III
Represented By: Edward J. Keating
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3rd party defendant: John E. Kenny, Jr.
Represented By: John Thomas Schriver, III
Represented By: Edward J. Keating
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3rd party defendant: GreatBanc Trust
Represented By: Nicholas H. Callahan
Represented By: Roger Hudson Stetson
Represented By: David Brian Lurie
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