Budicak Inc. v. Lansing Trade Group, LLC et al
| Blue Marlin Arbitrage, LLC, Prime Trading, LLC and Budicak Inc. |
| John Does, Lansing Trade Group, LLC. and Cascade Commodity Consulting, LLC |
| 2:2019cv02449 |
| August 7, 2019 |
| US District Court for the District of Kansas |
| Kansas City Office |
| Angel D Mitchell |
| Julie A Robinson |
| Securities/Commodities |
| 7 U.S.C. § 6 (b) Federal Commodity Exchange Regulation |
| Both |
Docket Report
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This docket was last retrieved on March 25, 2020. A more recent docket listing may be available from PACER.
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Filing 136
ORDER granting #133 Motion to Appear Pro Hac Vice of Jennifer W. Sprengel for Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 10/4/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 135
ORDER granting #132 Motion to Appear Pro Hac Vice of Anthony F. Fata for Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 10/4/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 134
ORDER granting #131 Motion to Appear Pro Hac Vice of Brian P. O'Connell for Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 10/4/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 133 MOTION for attorney Jennifer W. Sprengel to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4938741.) by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Jennifer W. Sprengel, #2 ECF Registration Form Jennifer W. Sprengel)(McCallister, Gary) |
| Filing 132 MOTION for attorney Anthony F. Fata to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4938734.) by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Anthony F. Fata, #2 ECF Registration Form Anthony F. Fata)(McCallister, Gary) |
| Filing 131 MOTION for attorney Brian P. O'Connell to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4938723.) by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Brian P. O'Connell, #2 ECF Registration Form Brian P. O'Connell)(McCallister, Gary) |
| Filing 130 ENTRY OF APPEARANCE by Eric I. Unrein on behalf of All Plaintiffs. (Unrein, Eric) |
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Filing 129
ORDER granting #126 Motion to Appear Pro Hac Vice of Vincent Briganti for Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 10/3/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 128
ORDER granting #125 Motion to Appear Pro Hac Vice of Raymond P. Girnys for Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 10/3/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 127
ORDER granting #124 Motion to Appear Pro Hac Vice of Geoffrey M. Horn for Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 10/3/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 126 MOTION for attorney Vincent Briganti to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4937448.) by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Affidavit of Vincent Briganti, #2 ECF Registration Form ECF Registration Form V. Briganti)(McCallister, Gary) |
| Filing 125 MOTION for attorney Raymond P. Girnys to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4937442.) by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Affidavit of Raymond P. Girnys, #2 ECF Registration Form ECF Registration Form - R.P. Girnys)(McCallister, Gary) |
| Filing 124 MOTION for attorney Geoffrey M. Horn to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4937436.) by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit, #2 ECF Registration Form)(McCallister, Gary) |
| Filing 123 ENTRY OF APPEARANCE by Gary D. McCallister on behalf of All Plaintiffs (McCallister, Gary) |
| Filing 122 MOTION to Dismiss or Strike by Defendant Lansing Trade Group, LLC. (May, Kirk) |
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Filing 121
ORDER granting #120 Motion to Appear Pro Hac Vice of Nicole A. Allen for Lansing Trade Group, LLC. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 8/15/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 120 MOTION for attorney Nicole A. Allen to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4892182.) by Defendant Lansing Trade Group, LLC. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Affidavit, #2 ECF Registration Form Efile Registration)(May, Kirk) |
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Filing 119
ORDER granting #117 Motion to Appear Pro Hac Vice of Thomas E. Quinn for Lansing Trade Group, LLC. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 8/14/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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Filing 118
ORDER granting #116 Motion to Appear Pro Hac Vice of J. Kevin McCall for Lansing Trade Group, LLC. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Unless already registered, pro hac vice counsel should register for electronic notification pursuant to the court's Administrative Procedures by completing a CM/ECF Electronic Filing Registration Form at http://www.ksd.uscourts.gov/. Signed by Magistrate Judge Angel D. Mitchell on 8/14/19. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (hw)
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| Filing 117 MOTION for attorney Thomas E. Quinn to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4890988.) by Defendant Lansing Trade Group, LLC. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Affidavit, #2 ECF Registration Form Efile Registration)(May, Kirk) |
| Filing 116 MOTION for attorney J. Kevin McCall to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-4890986.) by Defendant Lansing Trade Group, LLC. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Affidavit Affidavit, #2 ECF Registration Form Efile Registration Form)(May, Kirk) |
| Filing 115 ENTRY OF APPEARANCE by Kirk T. May on behalf of Lansing Trade Group, LLC. (May, Kirk) |
| Filing 114 Letter from the clerk to counsel regarding pro hac vice requirements. (hw) |
| Filing 113 CASE TRANSFERRED IN from District of Illinois Northern; Case Number 1:18-cv-04966. Electronic file certified copy of transfer order and docket sheet received. (hw) |
| Filing 112 TRANSFERRED to the District of Kansas the electronic record. (kp, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 111 ENTERED JUDGMENT. (kp, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 110 MEMORANDUM Opinion and Order signed by the Honorable Edmond E. Chang. For the reasons stated in the Opinion, Defendant Lansing's motion #26 to transfer the case to the District of Kansas is granted. The case is transferred forthwith to the District of Kansas. The other defense motions #52 #59 are terminated without prejudice to refiling when litigation deadlines are set in the District of Kansas. The status hearing of 09/26/2019 is vacated.Emailed notice(slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 109 MINUTE entry before the Honorable Edmond E. Chang:In light of the fully briefed dismissal and transfer motions, the status hearing of 06/18/2019 is reset to 09/26/2019 at 9:30 AM.Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 108 MINUTE entry before the Honorable Edmond E. Chang:Motion by Attorney Lee J. Lefkowitz to withdraw as attorney for Budicak Inc. #106 is granted. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 107 NOTICE of Motion by Raymond P Girnys for presentment of motion to withdraw as attorney #106 before Honorable Edmond E. Chang on 5/21/2019 at 08:30 AM. (Girnys, Raymond) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 106 MOTION by Attorney Lee J. Lefkowitz to withdraw as attorney for Budicak Inc.. No party information provided (Girnys, Raymond) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 105 SUR-REPLY by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC Plaintiffs' Memorandum of Law in Further Opposition to Cascade's Motion to Dismiss for Lack of Personal Jurisdiction (Briganti, Vincent) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 104 SEALED RESPONSE by Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC to response in opposition to motion, #103 , MOTION by Defendant Lansing Trade Group, LLC to strike MOTION by Defendant Lansing Trade Group, LLC to dismiss / Defendant Lansing Trade Group's Motion to Strike and Motion to Dismiss the Amended Complaint #59 CORRECTED (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 103 RESPONSE by Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLCin Opposition to MOTION by Defendant Lansing Trade Group, LLC to strike MOTION by Defendant Lansing Trade Group, LLC to dismiss / Defendant Lansing Trade Group's Motion to Strike and Motion to Dismiss the Amended Complaint #59 CORRECTED (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 102 MINUTE entry before the Honorable Edmond E. Chang:Plaintiffs' motion #94 to file sur-reply to Cascade's motion to dismiss is granted, but in light of the filing of the sur-reply and Cascade's original dismissal motion, the venue argument is deemed neither forfeited nor waived. Plaintiffs shall file the sur-reply as a separate document on the docket. Cascade's motion #99 to file response to the sur-reply is denied as unnecessary. There is no need for any more briefs on the issue. Plaintiffs' motion #96 to filed amended memorandum in response to Lansing Trade's motion #59 to dismiss is granted. Plaintiffs shall promptly file the amended memorandum as a separate document on the docket. Lansing Trade may file a supplemental reply of no more than three pages to address the per-contract price information in the amended memorandum. The per-contract price appears to be simply a 5000-multiple of the per-bushel price, but Lansing Trade's opposition to the filing of an amended memorandum suggests that there are substantive arguments that Lansing Trade might want to advance. That will end the briefing on Lansing Trade's motion to dismiss. In light of the pendency of the motions and the supplemental filings, the status hearing of 03/21/2019 is reset to 06/18/2019 at 9:30 AM.Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 101 SEALED DOCUMENT by Defendant Cascade Commodity Consulting, LLC Further Reply in Support of Motion to Dismiss (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 100 NOTICE of Motion by Emily Cohen Rossi Vermylen for presentment of motion for leave to file #99 before Honorable Edmond E. Chang on 3/21/2019 at 09:00 AM. (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 99 MOTION by Defendant Cascade Commodity Consulting, LLC for leave to file Sur-Reply (Attachments: #1 Exhibit Further Reply in Support of Motion to Dismiss)(Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 98 RESPONSE by Lansing Trade Group, LLCin Opposition to MOTION by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC to amend/correct notice of motion #86 85.1 PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT LANSING TRADE GROUP, LLCS MOTIONS TO STRIKE AND DISMISS #96 (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 97 NOTICE of Motion by Anthony F. Fata for presentment of motion to amend/correct, #96 before Honorable Edmond E. Chang on 3/21/2019 at 09:00 AM. (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 96 MOTION by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC to amend/correct notice of motion #86 85.1 PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANT LANSING TRADE GROUP, LLCS MOTIONS TO STRIKE AND DISMISS (Attachments: #1 Exhibit, #2 Exhibit)(Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 95 NOTICE of Motion by Vincent Briganti for presentment of motion for leave to file, #94 before Honorable Edmond E. Chang on 3/21/2019 at 09:00 AM. (Briganti, Vincent) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 94 MOTION by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC for leave to file Sur-Reply (Attachments: #1 Exhibit Memorandum of Law in Further opposition to Cascade's Motion to Dismiss for Lack of Personal Jurisdiction)(Briganti, Vincent) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 93 MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' motion #85 to file oversized response brief is granted. In light of the pending motions #26 #52 #59 , the status hearing of 01/24/2019 is reset to 03/21/2019 at 9:00 AM.Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 92 REPLY by Cascade Commodity Consulting, LLC to response in opposition to motion #89 (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 91 SEALED DOCUMENT by Defendant Cascade Commodity Consulting, LLC Reply in Support of Motion to Dismiss for Lack of Personal Jurisdiction (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 90 REPLY by Lansing Trade Group, LLC to sealed response, 87 / Defendant Lansing Trade Group's Reply In Support of Its Motion to Strike and Motion to Dismiss the Amended Complaint (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 89 RESPONSE by Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLCin Opposition to MOTION by Defendant Cascade Commodity Consulting, LLC to dismiss for lack of jurisdiction #52 REDACTED (Briganti, Vincent) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 88 SEALED RESPONSE by Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC to MOTION by Defendant Cascade Commodity Consulting, LLC to dismiss for lack of jurisdiction #52 (Briganti, Vincent) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 87 SEALED RESPONSE by Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC to MOTION by Defendant Lansing Trade Group, LLC to strike MOTION by Defendant Lansing Trade Group, LLC to dismiss / Defendant Lansing Trade Group's Motion to Strike and Motion to Dismiss the Amended Complaint #59 Plaintiffs' Sealed Memorandum in Opposition to Lansing's Motions to Strike and Dismiss (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 86 NOTICE of Motion by Anthony F. Fata for presentment of motion for leave to file excess pages #85 before Honorable Edmond E. Chang on 1/24/2019 at 10:00 AM. (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 85 MOTION by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC for leave to file excess pages (Attachments: #1 Exhibit Redacted Memo in Opp. to Lansing's MTD)(Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 84 MINUTE entry before the Honorable Edmond E. Chang: Daniel T. Fenske's motion to withdraw as attorney for Defendant Lansing Trade Group #82 is granted. Mailed notice (mw, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 83 NOTICE of Motion by J. Kevin McCall for presentment of motion to withdraw as attorney #82 before Honorable Edmond E. Chang on 12/20/2018 at 08:30 AM. (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 82 MOTION by Attorney Daniel T. Fenske to withdraw as attorney for Lansing Trade Group, LLC. No party information provided (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 81 MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' motion #76 to strike Lansing's affirmative defenses is terminated without prejudice. The motion states that there has been no conferral due to scheduling difficulties, and conferral should take place before refiling the motion. When the parties confer on the motion, they should bear in mind the following principles. First, both sides should avoid unnecessary make-work, and that applies both to asserting baseless defenses or affirmative defenses and to moving to strike defenses or affirmative defenses that really will not impact discovery or otherwise play a role in the case after simply conferring on the issues or serving a simple discovery request on them (when discovery even begins). Second, there is a split in authority over whether defenses and affirmative defenses are held to the same pleading standard as claims, particularly in light of the textual differences between, on the one hand, Rule 8(a) (requiring a statement of the claim "showing... entitle[ment] to relief"), and on the other hand Rules 8(b) ("state in short and plain terms its defenses to each claim") and 8(c) ("affirmatively state" affirmative defenses). See Leon v. Jacobson Transp. Co., 2010 WL 4810600, at *1 (N.D. Ill. Nov. 19, 2010); Wells Fargo & Co. V. United States, 750 F. Supp.2d 1049, 1051-52 (D. Minn. 2010). Third, in most cases, parties refrain from moving to strike affirmative defenses because, in most cases, the affirmative defenses do not make any appearance in the case and no dispute arises from them. To be sure, there might be occasions where it is appropriate to make the motion because doing so will concretely prevent unwarranted discovery or otherwise expedite the case. But in most cases the motion hinders rather than helps. Lastly, to the extent that Plaintiffs are concerned about a deadline to respond to an answer, the Court suspends any deadline for moving to dismiss affirmative defenses until 21 days after a decision on the transfer motion. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 80 MINUTE entry before the Honorable Edmond E. Chang: Plaintiffs' unopposed extension motion #72 to respond to the dismissal motions is granted to 12/21/2018. Defendants' reply due by 01/18/2019. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 79 MINUTE entry before the Honorable Edmond E. Chang: Application by Craig Maider to appear pro hac vice #71 on behalf of Plaintiff is granted. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 78 NOTICE of Motion by Brian P O'Connell for presentment of motion to strike #76 before Honorable Edmond E. Chang on 1/24/2019 at 10:00 AM. (O'Connell, Brian) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 77 MEMORANDUM by Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC in support of motion to strike #76 Memorandum in Support of Plaintiffs' Motion to Strike Lansing's Affirmative Defenses (O'Connell, Brian) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 76 MOTION by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC to strike exhibit 62 Plaintiffs' Motion to Strike Lansing's Affirmative Defenses (O'Connell, Brian) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 75 TRANSCRIPT OF PROCEEDINGS held on 10-4-18 before the Honorable Edmond E. Chang. Order Number: 31753. Court Reporter Contact Information: Krista Flynn Burgeson, Krista_Burgeson@ilnd.uscourts.gov, 312-435-5567. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/27/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/6/2019. (Burgeson, Krista) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 74 TRANSCRIPT OF PROCEEDINGS held on 8-7-18 before the Honorable Edmond E. Chang. Order Number: 32678. Court Reporter Contact Information: Krista Flynn Burgeson, Krista_Burgeson@ilnd.uscourts.gov, 312-435-5567. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/27/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/6/2019. (Burgeson, Krista) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 73 NOTICE of Motion by Vincent Briganti for presentment of extension of time #72 before Honorable Edmond E. Chang on 12/11/2018 at 08:30 AM. (Briganti, Vincent) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 72 MOTION by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC for extension of time (unopposed) for the current motion to dismiss briefing schedule (Briganti, Vincent) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 71 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15225704. (Maider, Craig) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 70 MINUTE entry before the Honorable Edmond E. Chang:R. 68 is corrected so that Plaintiff's responses to the dismissal motions are due by 12/17/2018. Emailed notice (eec) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 69 PROTECTIVE Order. Signed by the Honorable Edmond E. Chang on 11/20/2018. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 68 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held. Defendant Lansing's motion to file oversized brief #60 , motion to file sealed version of answer #61 , and unopposed motion for entry of protective order #63 are granted. On Defendant Cascade's motion to dismiss #52 , Plaintiffs' response is due by 12/10/2018, and Cascade's reply is due by 01/11/2019. Right now, Plaintiffs do not think that they need jurisdictional discovery. In light of the transfer motion and the dismissal motions, MID disclosures are suspended for now. Status hearing set for 01/24/2019 at 10:00 a.m. Mailed notice. (jjr, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 67 ANSWER to amended complaint (Redacted) by Lansing Trade Group, LLC(McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 66 AFFIDAVIT of Al Conway regarding motion to dismiss/lack of jurisdiction #52 (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 65 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Lansing Trade Group, LLC (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 64 NOTICE of Motion by J. Kevin McCall for presentment of motion for leave to file #60 , motion to strike, motion to dismiss #59 , motion for protective order #63 , motion for leave to file #61 before Honorable Edmond E. Chang on 11/20/2018 at 09:30 AM. (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 63 MOTION by Defendant Lansing Trade Group, LLC for protective order (Unopposed) (Attachments: #1 Exhibit A - Proposed Protective Order)(McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 62 SEALED EXHIBIT by Defendant Lansing Trade Group, LLC - Exhibit A regarding MOTION by Defendant Lansing Trade Group, LLC for leave to file Answer Under Seal #61 (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 61 MOTION by Defendant Lansing Trade Group, LLC for leave to file Answer Under Seal (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 60 MOTION by Defendant Lansing Trade Group, LLC for leave to file Oversized Brief (Unopposed) (Attachments: #1 Exhibit A - Memorandum of Law in Support of Motion to Strike and Motion to Dismiss the Amended Complaint)(McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 59 MOTION by Defendant Lansing Trade Group, LLC to strike , MOTION by Defendant Lansing Trade Group, LLC to dismiss / Defendant Lansing Trade Group's Motion to Strike and Motion to Dismiss the Amended Complaint (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 58 MINUTE entry before the Honorable Edmond E. Chang: Cascade's motion #54 to file a sealed version of the motion to dismiss is granted. On the dismissal motion #52 for lack of personal jurisdiction, the time is reset to 9:30 a.m., to coincide with the previously set status hearing on the same date, 11/20/2018. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 57 MEMORANDUM in Support of Motion to Dismiss the Amended Complaint for Lack of Personal Jurisdiction (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 56 SEALED DOCUMENT by Defendant Cascade Commodity Consulting, LLC Memorandum of Law in Support of Motion to Dismiss for Lack of Personal Jurisdiction (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 55 NOTICE of Motion by Emily Cohen Rossi Vermylen for presentment of motion for leave to file #54 before Honorable Edmond E. Chang on 11/20/2018 at 08:30 AM. (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 54 MOTION by Defendant Cascade Commodity Consulting, LLC for leave to file Under Seal Its Memorandum of Law in Support of Motion to Dismiss for Lack of Personal Jurisdiction (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 53 NOTICE of Motion by Emily Cohen Rossi Vermylen for presentment of motion to dismiss/lack of jurisdiction #52 before Honorable Edmond E. Chang on 11/20/2018 at 08:30 AM. (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 52 MOTION by Defendant Cascade Commodity Consulting, LLC to dismiss for lack of jurisdiction (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 51 MINUTE entry before the Honorable Edmond E. Chang: Defendants Lansing and Cascade's extension motion to answer and move to dismiss is granted to 11/16/2018. Plaintiffs' responses are due by 12/17/2018. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 50 NOTICE of Motion by J. Kevin McCall for presentment of motion for extension of time to file response/reply #49 before Honorable Edmond E. Chang on 11/15/2018 at 08:30 AM. (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 49 MOTION by Defendant Lansing Trade Group, LLC for extension of time to file response/reply / Defendant Lansing Trade Group's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 48 MINUTE entry before the Honorable Edmond E. Chang: Defendant Cascade Community's unopposed extension motion #47 to answer is granted to 11/09/2018. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 47 MOTION by Defendant Cascade Commodity Consulting, LLC for extension of time to file answer (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 46 NOTICE of Motion by Emily Cohen Rossi Vermylen for presentment of before Honorable Edmond E. Chang on 10/30/2018 at 08:30 AM. (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 45 ATTORNEY Appearance for Defendant Cascade Commodity Consulting, LLC by Emily Cohen Rossi Vermylen (Vermylen, Emily) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 44 ATTORNEY Appearance for Defendant Cascade Commodity Consulting, LLC by Matthew S Ryan (Ryan, Matthew) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 42 ATTORNEY Appearance for Plaintiff Blue Marlin Arbitrage, LLC by Michael Scott Davis (Davis, Michael) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 43 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held. Defendant Lansing Trade Group's unopposed motion to vacate deadline for Defendant's motion to dismiss #29 is granted. Plaintiff's unopposed motion to file a sealed version of its response to the transfer motion #33 is granted. Plaintiff's motion for leave to file a sealed version of the Amended Complaint #39 is granted. Defendant's answer to the Amended Complaint due 11/09/2018. Defendant's motion to dismiss due 11/09/2018. Plaintiff's response due 12/10/2018. Defendant's reply due 01/11/2019. Plaintiff might re-raise the MID initiation, depending on the dismissal motion's content, and might seek to expand the early discovery to include other Doe Defendants. Status hearing set for 11/20/2018 at 9:30 a.m.Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 41 ATTORNEY Appearance for Defendant Lansing Trade Group, LLC by Daniel Thomas Fenske (Fenske, Daniel) [Transferred from Illinois Northern on 8/7/2019.] |
| SUMMONS Issued as to Defendant Cascade Commodity Consulting, LLC. (lw, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 40 NOTICE of Motion by Anthony F. Fata for presentment of motion for leave to file #39 before Honorable Edmond E. Chang on 10/4/2018 at 10:30 AM. (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 39 MOTION by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC for leave to file Amended Complaint Under Seal (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 38 SEALED DOCUMENT by Plaintiffs Blue Marlin Arbitrage, LLC, Budicak Inc., Prime Trading, LLC Amended Class Action Complaint (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 37 AMENDED complaint by Budicak Inc., Blue Marlin Arbitrage, LLC, Prime Trading, LLC against All Defendants (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 36 REPLY by Lansing Trade Group, LLC to MOTION by Defendant Lansing Trade Group, LLC to transfer case #26 / Defendant Lansing Trade Group's Reply in Support of its Motion to Transfer (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 35 Amended NOTICE of Motion by J. Kevin McCall for presentment of motion to vacate #29 before Honorable Edmond E. Chang on 10/4/2018 at 10:30 AM. (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 34 NOTICE of Motion by Brian P O'Connell for presentment of motion for leave to file #33 before Honorable Edmond E. Chang on 10/4/2018 at 10:30 AM. (O'Connell, Brian) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 33 MOTION by Plaintiff Budicak Inc. for leave to file response to transfer motion under seal (O'Connell, Brian) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 32 SEALED RESPONSE by Budicak Inc. to MOTION by Defendant Lansing Trade Group, LLC to transfer case #26 (O'Connell, Brian) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 31 RESPONSE by Budicak Inc.in Opposition to MOTION by Defendant Lansing Trade Group, LLC to transfer case #26 (O'Connell, Brian) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 30 NOTICE of Motion by J. Kevin McCall for presentment of motion to vacate #29 before Honorable Edmond E. Chang on 9/27/2018 at 08:30 AM. (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 29 MOTION by Defendant Lansing Trade Group, LLC to vacate Deadline for Defendant's Motion to Dismiss (Unopposed) (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 28 ATTORNEY Appearance for Defendant Lansing Trade Group, LLC by Kevin John Murphy (Murphy, Kevin) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 27 NOTICE by Lansing Trade Group, LLC re MOTION by Defendant Lansing Trade Group, LLC to transfer case #26 (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 26 MOTION by Defendant Lansing Trade Group, LLC to transfer case (Attachments: #1 Declaration of Mike Lemke)(McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 25 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Defendant Lansing Trade Group's motion #19 for extension of time to respond to Plaintiff's Complaint and to defer MIDP deadlines. As discussed during the hearing, the motion #19 is granted for now, on the following conditions. The answer deadline is suspended (thus suspending MID disclosures) and the dismissal motion (in part relying on an Article III standing argument) is due by 09/21/2018. But Plaintiff may issue limited discovery on Defendant Lansing to determine the identity of the Doe Defendants and for the communications quoted in the CFTC Order. Plaintiff shall serve those written discovery requests by 08/10/2018. Lansing shall respond to the limited discovery by 09/07/2018 (which should give enough time to incorporate that information into the 28 U.S.C. 1404 dispute). Lansing's motion to transfer 09/07/2018. Plaintiff's response due 09/21/2018. Defense reply due 09/28/2018. Status hearing set for 10/04/2018 at 10:30 a.m., at which time the Court will set the response deadline on the dismissal motion and consider whether to continue the suspension of the answer deadline. To head off the argument on injury in fact, Plaintiff is authorized to amend the complaint before the dismissal motion's filing. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 24 RESPONSE by Budicak Inc.in Opposition to MOTION to Defer Responsive Pleading Deadline (MIDP) / Defendant Lansing Trade Group's Motion for Extension of Time to Respond to Plaintiff's Complaint and to Defer MIDP Deadlines, filed by Defendant Lansing Trade Group, LLC. #19 (Sprengel, Jennifer) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: There is a mistake in R. 22. The hearing date should be 08/07/2018, not 08/08/2018. That means the dial-in information is required on 08/06/2018. R. 21 and the status hearing date in it are vacated.Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 22 MINUTE entry before the Honorable Edmond E. Chang: On Defendant's extension motion #19 , the hearing time is reset to 10 a.m. on the same date, 08/08/2018. Any counsel may appear via phone by providing a contact number no later than 2 p.m. on 08/07/2018 to the courtroom deputy, Ms. Sandra Brooks (312.408.5121), with a contact phone number. At the very least, an answer/Rule 12 extension will be granted into 09/2018 (the length and whether an answer will be required along with a Rule 12 motion will be discussed at the hearing), so Defendant need not continue to scramble to prepare an answer or Rule 12 motion as if they will be due by 08/14/2018.Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 21 MINUTE entry before the Honorable Edmond E. Chang: Initial status hearing set for 09/04/2018 at 9:00 a.m. The initial status report due 08/29/2018 (R.10).Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 20 NOTICE of Motion by J. Kevin McCall for presentment of Motion to Defer Responsive Pleading Deadline, #19 before Honorable Edmond E. Chang on 8/7/2018 at 08:30 AM. (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 19 MOTION to Defer Responsive Pleading Deadline (MIDP) / Defendant Lansing Trade Group's Motion for Extension of Time to Respond to Plaintiff's Complaint and to Defer MIDP Deadlines, filed by Defendant Lansing Trade Group, LLC. (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 18 ATTORNEY Appearance for Defendant Lansing Trade Group, LLC by J. Kevin McCall (McCall, J.) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 17 ATTORNEY Appearance for Defendant Lansing Trade Group, LLC by Nicole Amie Allen (Allen, Nicole) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 16 ATTORNEY Appearance for Defendant Lansing Trade Group, LLC by Thomas Edward Quinn (Quinn, Thomas) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 15 SUMMONS Returned Executed by Budicak Inc. as to Lansing Trade Group, LLC on 7/24/2018, answer due 8/14/2018. (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 14 MINUTE entry before the Honorable Edmond E. Chang:Application by Lee Lefkowitz to appear pro hac vice #9 is granted.Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 13 MINUTE entry before the Honorable Edmond E. Chang:Application by Raymond Girnys to appear pro hac vice #8 is granted. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 12 MINUTE entry before the Honorable Edmond E. Chang: Application by Vincent Briganti to appear pro hac vice #7 is granted.Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang:Application by Geoffrey Horn appear pro hac vice #6 is granted on behalf of Plaintiff is granted. Emailed notice (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 10 MINUTE entry before the Honorable Edmond E. Chang: The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (slb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14730345. (Lefkowitz, Lee) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14730328. (Girnys, Raymond) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14730296. (Briganti, Vincent) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14730226. (Horn, Geoffrey) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ph, ) [Transferred from Illinois Northern on 8/7/2019.] |
| SUMMONS Issued as to Defendant Lansing Trade Group, LLC. (kb, ) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Budicak Inc. by Brian P O'Connell (O'Connell, Brian) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Budicak Inc. by Jennifer Winter Sprengel (Sprengel, Jennifer) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 2 CIVIL Cover Sheet (Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| Filing 1 COMPLAINT filed by Budicak Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-14724917.(Fata, Anthony) [Transferred from Illinois Northern on 8/7/2019.] |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila Finnegan. (rc, ) [Transferred from Illinois Northern on 8/7/2019.] |
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