Johnston-Legg, et al., v. Cook, et al.
| CJK Holdings LLC, Bottled City Holdings LLC, Jeff Johnston-Legg, Integra Capital LLC and MSCI Investments, Inc. |
| TEMSCO, Inc., Mitchell Cook, MSCI Investments, Inc., CJK Holdings, LLC, Bottled City Holdings, LLC, LaSalle Integra I, LLC, Integra Capital, LLC and Jeff Johnston-Legg |
| 4:2024cv00874 |
| September 30, 2024 |
| U.S. District Court for the Eastern District of Texas |
| Sean D Jordan |
| Negotiable Instrument |
| 28 U.S.C. § 1441 Petition for Removal- Negotiable Instrumen |
| Both |
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Filing 50
ORDER OF CONSOLIDATION. The above-captioned cases are hereby ORDERED to be CONSOLIDATED for all purposes under Federal Rule of Civil Procedure 42, with Cause No. 4:24-CV-874 serving as the LEAD CASE. All parties are instructed to file any future filings in the Lead Case. The Court will enter one scheduling order that will govern the consolidated cases. It is further ORDERED that the parties confer and submit a proposed scheduling order for these consolidated cases on or before December 16, 2024. Signed by District Judge Sean D. Jordan on 11/26/2024. (jmb) (Main Document 50 replaced on 11/26/2024) (jmb).
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| CONSOLIDATED DEFENDANTS ADDED: Bottled City Holdings, LLC (4:23cv427); Integra Capital, LLC (4:23cv427); CJK Holdings, LLC (4:23cv427); Jeff Johnston-Legg (4:23cv427); LaSalle Integra I, LLC (4:23cv427). (jmb) |
| Note: Pursuant to Local Rule CV 7(j), any motions pending in another federal or state court made by any party will be considered moot at the time of transfer or removal unless they are re-urged in this court. (jmb) |
| Notified Attorneys, James Leo Oakley and Jillian Stacey Cole, Per GO 04-12, this court no longer accepts pleadings in paper form. The Clerk will no longer mail or fax notices or orders to parties. All notices and orders generated by this court shall be sent electronically. ***ATTORNEY NOT ADMITTED TO PRACTICE IN OUR COURT ATTORNEY ADMISSION LETTER SENT VIA EMAIL*** (jmb) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (jmb) |
| Case assigned to District Judge Sean D. Jordan. (jmb) |
| Filing 49 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-00686. Original file certified copy of transfer order and docket sheet received. |
| Filing 48 TRANSFERRED to the Eastern District of Texas, Sherman Division, the electronic record. (jj, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 47 MEMORANDUM Opinion and Order Signed by the Honorable Jeffrey I Cummings on 9/27/2024. Mailed notice (cc, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 46 MINUTE entry before the Honorable Jeffrey I Cummings: For the reasons stated in the accompanying Memorandum Opinion and Order, defendants' motion to dismiss plaintiffs' complaint for forum non conveniens, or in the alternative, transfer pursuant to 28 U.S.C. 1404(a) or dismiss certain parties and claims under Rule 12(b)(6), #16 , is granted in part and denied in part. Defendants' motion to dismiss for forum non conveniens is denied and this case is to be transferred forthwith to the United States District Court for the Eastern District of Texas, Sherman Division. Mailed notice (cc, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 45 MINUTE entry before the Honorable Jeffrey I Cummings: The previously set 9/23/24 tracking status hearing is stricken and re-set to 11/11/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 44 MINUTE entry before the Honorable Jeffrey I Cummings: The 7/29/24 tracking status hearing is stricken and re-set to 9/23/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 43 MEMORANDUM by Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. in support of motion to dismiss, #16 Defendants' Supplemental Brief in Support of Their Motion to Dismiss or Transfer (Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 42 MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed defendants' motion for leave to file a supplemental brief in support of their motion to dismiss or transfer #30 and plaintiffs' response #32 . Defendants' motion #30 is granted and defendants shall file the supplemental brief as a separate docket entry. The Court will consider the issues raised in that brief and plaintiffs' arguments in their response only to the extent appropriate to resolve the pending motion to dismiss or transfer. Mailed notice (cc, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 41 MINUTE entry before the Honorable Jeffrey I Cummings: The 5/31/24 tracking status hearing is stricken and re-set to 7/29/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 40 MINUTE entry before the Honorable Jeffrey I Cummings: The 4/12/24 tracking status hearing is stricken and re-set to 5/31/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (mjc, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 39 MINUTE entry before the Honorable Jeffrey I Cummings: Defendants' motion to dismiss remains under advisement. The 2/23/24 tracking status hearing is stricken and re-set to 4/12/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (cc, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 38 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 37 MINUTE entry before the Honorable Jeffrey I Cummings: The Court has reviewed the parties' joint reassignment status report #36 , which indicates that defendant's motion to dismiss and motion to supplement are fully briefed and pending before the Court. The Court will review the parties' submissions and will either issue a ruling by mail or set a hearing if appropriate. Status hearing is set for 2/23/24 at 9:00 a.m. (to track the case only, no appearance is required). Mailed notice (ao, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 36 STATUS Report by Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. (Rechtoris, Matthew) [Transferred from Illinois Northern on 9/30/2024.] |
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Filing 35
ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This case has been re-assigned to the initial calendar of Judge Jeffrey I. Cummings. All previously set status and motion hearing dates are stricken. All previously set discovery deadlines and briefing schedules remain intact. Signed by the Honorable Jeffrey I Cummings on 10/30/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 9/30/2024.]
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Filing 34
GENERAL ORDER 23-0040: EXECUTIVE COMMITTEE ORDER: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeffrey I. Cummings; therefore IT IS HEREBY ORDERED that the attached list of 290 cases be reassigned to the Honorable Jeffrey I. Cummings; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeffrey I. Cummings' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeffrey I. Cummings to the Court's criminal case assignment system ninety (90) days so that Judge Cummings shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeffrey I Cummings for all further proceedings. Honorable Charles P. Kocoras no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 10/26/2023. (axk, ) [Transferred from Illinois Northern on 9/30/2024.]
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| Filing 33 NOTICE by All Plaintiffs to Court of Eastern District of Texas Court's Order Staying Second-Filed Texas Case Pending This Court's Ruling (Attachments: #1 Exhibit A)(Oakley, James) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 32 RESPONSE by Bottled City Holdings LLC, CJK Holdings LLC, Integra Capital LLC, Jeff Johnston-Leggin Opposition to MOTION by Defendants Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. for leave to file a Supplemental Brief in Support of Their Motion to Dismiss or Transfer #30 Plaintiffs' Response in Opposition to Defendants' Motion for Leave to File a Supplemental Brief In Support of Their Motion to Dismiss or Transfer (Oakley, James) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 31 MINUTE entry before the Honorable Charles P. Kocoras: Motion for leave to file a supplemental brief #30 is entered and briefed as follows: Response is due by 5/30/2023. Court will rule by mail. Mailed notice (vcf, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 30 MOTION by Defendants Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. for leave to file a Supplemental Brief in Support of Their Motion to Dismiss or Transfer (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 29 REPLY by Defendants Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. to motion to dismiss, #16 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 28 ATTORNEY Appearance for Defendants Mitchell Cook, MSCI Investments, Inc. by Katherine Hoke (Attachments: #1 Certificate of Service)(Hoke, Katherine) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 27 MINUTE entry before the Honorable Charles P. Kocoras: Motion to appear pro hac vice #25 is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 26 ATTORNEY Appearance for Defendants Mitchell Cook, MSCI Investments, Inc. by David Shields (Attachments: #1 Certificate of Service)(Shields, David) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20526980. (Hoke, Katherine) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 24 MINUTE entry before the Honorable Charles P. Kocoras: Motion to appear pro hac vice #23 is granted; Attorney David Shields for Defendants Mitchell Cook and MSCI Investments, Inc. added. Mailed notice (smm) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20517799. (Shields, David) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 22 RESPONSE by Jeff Johnston-Leggin Opposition to MOTION by Defendants MSCI Investments, Inc., TEMSCO, Inc., Mitchell Cook to dismiss PLAINTIFFS' COMPLAINT FOR FORUM NON CONVENIENS, OR IN THE ALTERNATIVE, TRANSFER PURSUANT TO 28 U.S.C. 1404(a) OR DISMISS CERTAIN PARTIES AND CLAIMS UNDER #16 Plaintiff's Response in Opposition to Defendants' Motion to Dismiss for Forum Non Conveniens, etc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Oakley, James) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 21 MINUTE entry before the Honorable Charles P. Kocoras: Plaintiffs' motion for leave to file brief in excess of fifteen pages #20 is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 20 MOTION by Plaintiffs Bottled City Holdings LLC, Integra Capital LLC, Jeff Johnston-Legg for leave to file excess pages Plaintiffs' Motion for Leave to File Brief in Excess of Fifteen Pages (Oakley, James) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 19 ATTORNEY Appearance for Plaintiffs Bottled City Holdings LLC, CJK Holdings LLC, Integra Capital LLC, Jeff Johnston-Legg by Jillian Stacey Cole (Cole, Jillian) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 18 MINUTE entry before the Honorable Charles P. Kocoras: Motion to dismiss Plaintiffs' Complaint for forum non conveniens, or in the alternative, transfer pursuant to 28 U.S.C. section 1404(a) or dismiss certain parties and claims under rule 12(b)(6) #16 is entered and briefed as follows: Response is due by 3/31/2023; Reply is due by 4/14/2023. Court will rule by mail. In light of said briefing schedule, status hearing set for 3/14/2023 is stricken. Mailed notice (vcf, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 17 DECLARATION of Mitchell A. Cook regarding motion to dismiss, #16 (Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 16 MOTION by Defendants MSCI Investments, Inc., TEMSCO, Inc., Mitchell Cook to dismiss PLAINTIFFS' COMPLAINT FOR FORUM NON CONVENIENS, OR IN THE ALTERNATIVE, TRANSFER PURSUANT TO 28 U.S.C. 1404(a) OR DISMISS CERTAIN PARTIES AND CLAIMS UNDER RULE 12(b)(6) (Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 15 MEMORANDUM by Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. in support of motion to dismiss, #16 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Jones, Stephanie) Modified on 3/9/2023 (kl, ). [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 14 Entered in Error (Incorrect Document Linked) (Jones, Stephanie) Modified on 3/9/2023 (kl, ). [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 13 MINUTE entry before the Honorable Charles P. Kocoras: Defendants' motion for leave to file additional pages #12 is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 12 MOTION by Defendants Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. for leave to file Additional Pages (Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 11 MINUTE entry before the Honorable Charles P. Kocoras: Motion for extension of time to answer or otherwise plead to the complaint by 3/9/2023 #10 is granted. Mailed notice (vcf, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 10 MOTION by Defendants Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. for extension of time to file answer or Otherwise Plead to the Complaint (Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (kl, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 9 MINUTE entry before the Honorable Charles P. Kocoras: Telephonic status hearing set for 3/14/2023 at 10:20 a.m. For the telephonic status hearing, parties are to use the following call-in number: (888) 684 8852, conference code 8819984. Counsel of record will receive an email the morning of the telephonic hearing with instructions to join the call. COUNSEL MUST TYPE IN THEIR NAME WHEN JOINING THE CALL. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Thank you for your cooperation. Mailed notice (vcf, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 8 ATTORNEY Appearance for Defendants Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. by Matthew Edward Rechtoris (Attachments: #1 Certificate of Service)(Rechtoris, Matthew) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 7 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by MSCI Investments, Inc. (Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TEMSCO, Inc. (Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 5 MAILED Notice of Removal letter to counsel of record (kl, ) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 4 ATTORNEY Appearance for Defendants Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. by Stephanie F. Jones (Attachments: #1 Certificate of Service)(Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 3 ATTORNEY Appearance for Defendants Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. by Stephanie F. Jones (Attachments: #1 Certificate of Service)(Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 2 CIVIL Cover Sheet (Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2022L011397) filed by Mitchell Cook, MSCI Investments, Inc., TEMSCO, Inc. Filing fee $ 402, receipt number AILNDC-20316027. (Attachments: #1 Exhibit A)(Jones, Stephanie) [Transferred from Illinois Northern on 9/30/2024.] |
| CASE ASSIGNED to the Honorable Charles P. Kocoras. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (emc, ) [Transferred from Illinois Northern on 9/30/2024.] |
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