Kapp v. Eastern Wisconsin Water Conditioning Co et al
| Aaron Kapp |
| Culligan Soft Water Service, Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc and Culligan International Company |
| 2:2020cv00286 |
| February 21, 2020 |
| US District Court for the Eastern District of Wisconsin |
| William E Duffin |
| J P Stadtmueller |
| Other Statutory Actions |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
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Filing 145
JUDGMENT (Class Action) signed by Deputy Clerk and approved by Magistrate Judge William E Duffin on 12/21/2022 in favor of Plaintiff Aaron Kapp and against Defendants Eastern Wisconsin Water Conditioning Co and Unco Data Systems Inc in the amount of $525.000. This action is DISMISSED WITH PREJUDICE and without costs to any Party. (cc: all counsel)(lz)
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Filing 144
FINAL APPROVAL ORDER (Class Action) signed by Magistrate Judge William E Duffin on 12/21/2022 GRANTING #11 Motion for Final Approval of Class Action Settlement and Award of Attorneys' Fees, Costs, Expenses and Incentive Award. The settlement of this action, as embodied in the terms of the Settlement Agreement, is finally approved as a fair, reasonable, and adequate settlement of this case in the best interests of the Settlement Class considering the factual, legal, practical and procedural considerations raised by this case. The Court retains jurisdiction over this action, Plaintiff and the Settlement Class, and Defendants, to determine all matters relating in any way to this Final Judgment and Order, the Preliminary Approval Order, or the Settlement Agreement, including but not limited to, their administration, implementation, interpretation or enforcement. The Court further retains jurisdiction to enforce this Order. The Court finds that there is no just reason to delay the enforcement of this Final Approval Order. This action is DISMISSED WITH PREJUDICE without taxable costs to any Party. See Order for further details. (cc: all counsel)(lz)
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Filing 143
Minute Entry for Fairness Hearing held on 12/20/2022 before Magistrate Judge William E Duffin. Court has reviewed everything and believe it to be fair and reasonable and will issue the final approval order. (Tape #9:03-9:08) (mlm)
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Filing 142
BRIEF filed by Aaron Kapp re #141 Order on Motion for Settlement,,,,, . (Attachments: #1 Exhibit A - Proposed Final Approval Order, #2 Exhibit B - Merryman Declaration, #3 Exhibit C - Administrator Quote)(Oppenheim, David)
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Filing 141
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT signed by Magistrate Judge William E Duffin on 8/23/2022 GRANTING #140 Unopposed Motion for Preliminary Approval of Class Action Settlement. The court finds the settlement agreement to be fair, reasonable, adequate and in the best interests of the Settlement Class. The class is certified (see Order for details). Aaron Kapp is appointed Class Representative. His attorneys Phillip A Bock and David M Oppenheim of Bock Hatch & Oppenheim LLC are appointed Class Counsel. The parties are to provide notice to the Class by US Mail and/or e-mail by 9/7/2022 (see Order for additional details). Objections and motions to intervene shall be filed by 11/7/2022. Memoranda regarding objections or motions to intervene must be filed by 11/7/2022. Requests by any Class member to opt out must be submitted by 11/7/2022. Claim forms by any Class member must be submitted by 12/6/2022. Fairness Hearing set for 12/20/2022 at 09:00 AM (CT) in Courtroom 242, 517 E Wisconsin Ave., Milwaukee, WI 53202 before Magistrate Judge William E Duffin. Any party wishing to appear by Zoom video conference shall contact the court's deputy clerk no later than 12/13/2022. (cc: all counsel)(lz)
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NOTICE of Cancellation of Hearing. Due to the filing of #140 Plaintiff's Unopposed Motion for Preliminary Approval of Class Action Settlement, the August 9, 2022 Telephonic Scheduling Conference is CANCELED. (cc: all counsel) (lz)
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Filing 140
Consent MOTION for Settlement Preliminary Approval of Class Settlement by Aaron Kapp. (Attachments: #1 Exhibit A - Settlement Agreement, #2 Exhibit B - Firm Resume, #3 Exhibit C - Statement of Expenses)(Oppenheim, David)
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NOTICE of Hearing: Telephonic Scheduling Conference set for 8/9/2022 at 10:00 AM before Magistrate Judge William E Duffin to discuss further scheduling. Participants shall call the court's conference line at 888-278-0296 and enter access code 8322317# to join the call. (cc: all counsel)(lz)
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Filing 139
NOTICE by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc of Withdrawal of Counsel (Johnson, Alyssa)
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Filing 138
SCHEDULING ORDER signed by Magistrate Judge William E Duffin on 3/24/2021. Rule 26(a) Initial Disclosures to be exchanged by 4/6/2021. Amended Pleadings/Add Parties by 4/13/2021. Fact Discovery due by 12/23/2021. Plaintiffs Expert Witness List due by 2/23/2022. Defendants Expert Witness List due by 4/22/2022. Expert Discovery due by 6/22/2022. Plaintiff's Motion for Class Certification due by 7/22/2022. The court will schedule a telephonic scheduling conference to discuss further scheduling of summary judgment and Daubert motion deadlines after its ruling on the motion for class certification. (cc: all counsel)(lz)
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Filing 137
Minute Entry for proceedings held before Magistrate Judge William E Duffin: Rule 16 Telephonic Scheduling Conference held on 3/23/2021. Deadlines set. Scheduling order to issue. (Tape #ATT Conference 10:31-10:39 AM) (lz)
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Filing 136
Joint REPORT of Rule 26(f) Plan by Aaron Kapp. (Oppenheim, David)
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Filing 135
NOTICE of Hearing: Rule 16 Scheduling Conference set for 3/23/2021 at 10:30 AM by Telephone before Magistrate Judge William E Duffin. A Rule 26(f) report shall be filed by 3/17/2021. Participants shall call the court's conference line at 888-278-0296 and enter access code 8322317# to join the call. (cc: all counsel)(lz)
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Filing 134
DECISION AND ORDER signed by Magistrate Judge William E Duffin on 3/1/2021 DENYING #125 Motion to Strike Class. (cc: all counsel)(lz)
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Filing 133
Defendants' ANSWER to #115 Amended Complaint to Plaintiff's Third Amended Class Action Complaint by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc.(Johnson, Alyssa)
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Filing 132
DECISION AND ORDER signed by Magistrate Judge William E Duffin on 1/13/2021 DENYING #117 Defendants' Motion for Partial Dismissal; GRANTING #117 Defendant's Motion to Strike Certain Paragraphs of the Third Amended Complaint. Paragraphs 27, 44, 50, 65c, 65d, 78, 81, 85, and 86 of the Third Amended Complaint (ECF No #115 ) are STRICKEN. (cc: all counsel)(lz)
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Filing 131
BRIEF in Support filed by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc re #117 MOTION to Dismiss or in the Alternative, MOTION to Strike Certain Paragraphs of the Third Amended Complaint . (Johnson, Alyssa)
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Filing 130
REPLY BRIEF in Support filed by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc re #125 MOTION to Strike Notice of Motion and Motion to Strike Class . (Johnson, Alyssa)
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Filing 129
RESPONSE to Motion filed by Aaron Kapp re #117 MOTION to Dismiss or in the Alternative, MOTION to Strike Certain Paragraphs of the Third Amended Complaint . (Bock, Phillip)
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Filing 128
RESPONSE to Motion filed by Aaron Kapp re #125 MOTION to Strike Notice of Motion and Motion to Strike Class . (Bock, Phillip)
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Filing 127
APPENDIX by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc Index of Unpublished Authorities. (Attachments: #1 Appendix Unpublished Cases)(Johnson, Alyssa)
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Filing 126
BRIEF in Support filed by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc re #125 MOTION to Strike Notice of Motion and Motion to Strike Class . (Johnson, Alyssa)
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Filing 125
MOTION to Strike Notice of Motion and Motion to Strike Class by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc. (Johnson, Alyssa)
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Filing 124
ORDER signed by Magistrate Judge William E Duffin on 9/2/2020 DISMISSING AS MOOT #111 Defendants' Motion to Strike the class in the second amended complaint. The motion having become moot, the defendants' Reply Brief (ECF No 120) was improper. Therefore, Plaintiff's motion (ECF No #122 ) to strike defendants' Reply Brief is GRANTED. (ECF No 120 is struck from the record.) The court, however, will grant the defendants leave to file a motion to strike the class allegations in the third amended complaint. Any such motion shall be filed no later than September 16, 2020. Briefing on both that motion and the defendants' pending motion to dismiss (ECF No #117 ) shall proceed as follows: Plaintiff shall respond no later than October 7, 2020. The defendants may reply no later than October 21, 2020. (cc: all counsel) (lz)
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Filing 123
RESPONSE to Motion filed by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc re #122 Expedited MOTION to Expedite Non-Dispositive Motion to Strike Defendants Reply [ECF No. 118] as Moot or to Set Briefing Schedule . (Attachments: #1 Appendix Index of Unpublished Authorities)(Johnson, Alyssa)
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Filing 122
7(h) EXPEDITED MOTION Non-Dispositive Motion to Strike Defendants Reply [ECF No. 120 118] as Moot or to Set Briefing Schedule by Aaron Kapp. (Attachments: #1 Exhibit Email)(Lewis, Tod) Modified on 9/1/2020 (lz). Added MOTION for Order for briefing schedule on 9/1/2020 (lz). Modified on 9/2/2020 (lz).
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Filing 121
APPENDIX by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc of Unpublished Authorities. (Attachments: #1 Appendix Unpublished Cases)(Johnson, Alyssa)
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Filing 120
IMPROPER DOCUMENT - Struck from the record; See Order ECF No 124 REPLY BRIEF in Support filed by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc re #111 MOTION to Strike and Notice of Motion . (Johnson, Alyssa) Modified on 9/2/2020 (lz).
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Filing 119
APPENDIX by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc Index of Unpublished Authorities. (Attachments: #1 Appendix Unpublished Cases)(Johnson, Alyssa)
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Filing 118
BRIEF in Support filed by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc re #117 MOTION to Dismiss or in the Alternative, MOTION to Strike Certain Paragraphs of the Third Amended Complaint . (Attachments: #1 Exhibit Attachment to Motion to Dismiss or Strike - Third Amended Complaint with Track Changes)(Johnson, Alyssa)
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Filing 117
MOTION to Dismiss or in the Alternative,, MOTION to Strike Certain Paragraphs of the Third Amended Complaint by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc. (Johnson, Alyssa)
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Filing 116
NOTICE by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc Notice of Motion and Motion for Partial Dismissal (Johnson, Alyssa)
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Filing 115
THIRD AMENDED CLASS ACTION COMPLAINT with Jury Demand against Eastern Wisconsin Water Conditioning Co and Unco Data Systems Inc filed by Aaron Kapp.(Bock, Phillip) Modified on 8/13/2020 (lz).
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Filing 114
ORDER signed by Magistrate Judge William E Duffin on 7/16/2020 re #111 MOTION to Strike Class filed by Eastern Wisconsin Water Conditioning Co and Unco Data Systems Inc. The plaintiff's response shall be filed no later than August 14, 2020. The defendants' reply shall be filed no later than August 28, 2020. (cc: all counsel)(lz)
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Filing 113
Minute Entry for proceedings held before Magistrate Judge William E Duffin: Telephonic Scheduling Conference held on 7/16/2020. Briefing on defendants' motion to strike plaintiff's class (ECF No #111 ): Plaintiff's response due 8/14/2020; Defendants' reply due 8/28/2020. After an order is issued on the motion, a Rule 16 scheduling conference will be set. (Tape #ATT Conference 2:32 - 2:40 pm) (lz)
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Filing 112
BRIEF in Support filed by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc re #111 MOTION to Strike and Notice of Motion . (Attachments: #1 Appendix Index of Unpublished Authorities)(Johnson, Alyssa)
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Filing 111
MOTION to Strike and Notice of Motion by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc. (Johnson, Alyssa)
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NOTICE of Hearing: Scheduling Conference set for 7/16/2020 at 02:30 PM By Telephone before Magistrate Judge William E Duffin. Participants shall call the court's conference line at 888-278-0296 and use access code 8322317# to join the call. (cc: all counsel)(lz)
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Filing 110
ORDER signed by Magistrate Judge William E Duffin on 5/8/2020 GRANTING #106 Defendants' Motion to Stay. All proceedings in this matter are stayed until the Supreme Court issues its decision in Barr v. American Association of Political Consultants, Case No. 19-631. Following the Court's decision in Barr (and depending on the circumstances in light of the current pandemic) the court will hold a telephonic conference to discuss further scheduling. (cc: all counsel) (lz)
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Filing 109
NOTICE by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc of Supplemental Authority (Attachments: #1 Appendix Unpublished Cases)(Johnson, Alyssa)
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Filing 108
APPENDIX by Aaron Kapp Index of Unpublished Cases. (Lewis, Tod)
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Filing 107
RESPONSE filed by Aaron Kapp Plaintiff's response to #106 Defendants' civil L.R. 7(h) mtn to stay proceeding (Lewis, Tod) Modified on 4/29/2020 (lz).
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Filing 106
Rule 7(h) Expedited Non-Dispositive MOTION to Stay Proceeding Pending Supreme Court's Decision in Barr v. Amer. Assoc. by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc. (Attachments: #1 Appendix Index of Unpublished Cases)(Johnson, Alyssa)
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Filing 105
ANSWER to #104 Amended Complaint Defendants' Answer to Plaintiff's Second Amended Class Action Complaint by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc.(Johnson, Alyssa)
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Filing 104
SECOND AMENDED COMPLAINT Plaintiff's Second Amended Class Action Complaint with Jury Demand against Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc filed by Aaron Kapp.(Bock, Phillip) Modified on 4/8/2020 (lz).
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Filing 103
Minute Entry for proceedings held before Magistrate Judge William E Duffin: Telephonic Status Conference held on 4/7/2020. Second amended complaint to be filed today via stipulation. Answer to be filed 4/21/2020. Motion to stay pending a Supreme Court case may also be filed if counsel elects to. (Tape #ATT Conf 9:30 - 9:36 am) (lz)
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NOTICE of Hearing: Telephonic Status Conference set for 4/7/2020 at 09:30 AM before Magistrate Judge William E Duffin. Participants shall call the courts conference line at 888-278-0296 and use access code 8322317# to join the call. (cc: all counsel)(lz)
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Filing 102
DISCLOSURE Statement by Eastern Wisconsin Water Conditioning Co. (Johnson, Alyssa)
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Filing 101
DISCLOSURE Statement by Unco Data Systems Inc. (Johnson, Alyssa)
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SECOND NOTICE to DEFENDANTS - Pursuant to Civil Local Rule 7.1 a disclosure statement should have been filed with your first pleading. Please file your disclosure statement within 7 days. (lz)
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Filing 100
ORDER REASSIGNING CASE ON CONSENT signed by Judge J P Stadtmueller on 3/10/2020. Case reassigned to Magistrate Judge William E Duffin for all further proceedings. Judge J P Stadtmueller no longer assigned to case. (cc: all counsel)(jm)
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NOTICE of Cancellation of Hearing: 3/13/2020 scheduling conference is canceled and the 3/10/2020 deadline to file a joint Rule 26 Plan is canceled. (cc: all counsel) (lz)
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Filing 99
Magistrate Judge Jurisdiction Form filed by Aaron Kapp. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) This document and/or certain attachments are SEALED and only viewable by permission of the court(Oppenheim, David)
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Filing 98
Magistrate Judge Jurisdiction Form filed by Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc. (NOTICE: Pursuant to Fed.R.Civ.P. 73 this document is not viewable by the judge.) (Johnson, Alyssa)
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Filing 97
NOTICE of Appearance by Alyssa A Johnson on behalf of Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc. Attorney(s) appearing: Alyssa A. Johnson (Johnson, Alyssa)
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Filing 96
NOTICE of Hearing: Scheduling Conference set for 3/13/2020 at 11:30 AM in Courtroom 425, 517 E. Wisconsin Ave., Milwaukee, WI before Judge J P Stadtmueller. Joint Rule 26 Plan due by 3/10/2020. (cc: all counsel)(jm)
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Filing 95
NOTICE of Withdrawal MOTION to Withdraw as Attorney by Culligan Soft Water Service, Eastern Wisconsin Water Conditioning Co, Unco Data Systems Inc. (Stein, Brandon) Modified on 2/25/2020 (asc).
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Filing 94
LETTER to John Letchinger regarding Admission and ECF registration (sent via USPS) (jcl)
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Filing 93
LETTER to Adam E Urbanczyk, Ilan Chorowsky and Mark Anthony Bulgarelli regarding Admission and ECF registration. (sent via USPS) (jcl)
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Filing 92
Case transferred in from District of Illinois Northern; Case Number 1:19-cv-00355. Original file certified copy of transfer order and docket sheet received.
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NOTICE Regarding assignment of this matter to Judge J P Stadtmueller ;Consent/refusal forms for Magistrate Judge Duffin to be filed within 21 days;the consent/refusal form is available on our website ;pursuant to Civil Local Rule 7.1 a disclosure statement is to be filed upon the first filing of any paper and should be filed now if not already filed (jcl)
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Filing 91
TRANSFERRED to the Eastern District of Wisconsin the electronic record. (aee, ) [Transferred from ilnd on 2/21/2020.]
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Filing 90
TRANSCRIPT OF PROCEEDINGS held on November 4, 2019 before the Honorable Matthew F. Kennelly. Order Number: 36644. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
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Filing 89
TRANSCRIPT OF PROCEEDINGS held on June 26, 2019 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
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Filing 88
TRANSCRIPT OF PROCEEDINGS held on May 23, 2019 before the Honorable Matthew F. Kennelly. Order Number: 34839. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
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Filing 87
TRANSCRIPT OF PROCEEDINGS held on May 8, 2019 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
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Filing 86
TRANSCRIPT OF PROCEEDINGS held on June 6, 2019 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. |
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Filing 85
MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the parties' stipulation, plaintiff's claims against defendants Culligan International Co. and Culligan Soft Water Service Co. are dismissed without prejudice. Also pursuant to stipulation, the Clerk is directed to transfer the remainder of the case, specifically plaintiff's claims against the remaining defendants, Eastern Wisconsin Water Conditioning Co. and Unco Data Systems, Inc., to the Eastern District of Wisconsin pursuant to 28 USC 1404(a). The status hearing set for 1/9/2020 is vacated. Civil case terminated. Mailed notice. (mma, ) [Transferred from ilnd on 2/21/2020.]
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Filing 84
STIPULATION regarding order on motion to dismiss/lack of jurisdiction,,,, ruling on motion hearing,,,, set/reset hearings,,, #75 to transfer action to the Eastern District of Wisconsin (Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 83
STIPULATION of Dismissal Without Prejudice of Culligan International Company and Culligan Soft Water Service Co. (Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 82
MINUTE entry before the Honorable Matthew F. Kennelly: The parties' motion to continue the 12/19/2019 status hearing #80 is granted in part. The status hearing is reset to 1/9/2020 at 9:30 AM. This will be an in-person status hearing. The Court declines to set a later date as requested. The Court will not be available on 1/16/2020, and more importantly the parties have had plenty of time since 11/4/2019 to negotiate and conclude an appropriate agreement. The Court will not entertain further requests to continue the hearing. If the parties have not concluded an agreement by that time, the Court will make a ruling on that date regarding whether and where to transfer the case. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 81
NOTICE of Motion by Matthew J Caccamo for presentment of motion to continue #80 before Honorable Matthew F. Kennelly on 12/19/2019 at 09:30 AM. (Caccamo, Matthew) [Transferred from ilnd on 2/21/2020.]
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Filing 80
MOTION by Defendant Culligan International Company to continue Joint Unopposed Motion to Continue Status Hearing (Caccamo, Matthew) [Transferred from ilnd on 2/21/2020.]
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Filing 79
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to withdraw the appearance of attorney Mara Ann Baltabols is granted. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 78
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 11/18/2019 and continued to 12/19/2019 at 9:00 a.m. Mailed notice. (mma, ) [Transferred from ilnd on 2/21/2020.]
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Filing 77
NOTICE of Motion by Mara Ann Baltabols for presentment of motion to withdraw as attorney #76 before Honorable Matthew F. Kennelly on 11/20/2019 at 09:30 AM. (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 76
MOTION by Attorney Mara A. Baltabols to withdraw as attorney for Aaron Kapp. No party information provided (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 75
MINUTE entry before the Honorable Matthew F. Kennelly: Ruling on a motion hearing held on 11/4/2019. Defendants' motion to dismiss for lack of personal jurisdiction, improper venue, or in the alternative, to transfer venue #35 is granted in part. The Court finds that personal jurisdiction is lacking over plaintiff's claims against defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., and Unco Data Systems. The court takes under advisement the request to transfer venue rather than to dismiss these defendants. Parties are directed to discuss the options, including an appropriate venue to which to transfer the case, before the next hearing. Status hearing is set for 11/18/2019 at 9:30 a.m. Mailed notice. (mma, ) [Transferred from ilnd on 2/21/2020.]
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Filing 74
MINUTE entry before the Honorable Matthew F. Kennelly: The Court advises that it has questions regarding certain matters pertaining to the pending motion to dismiss for lack of personal jurisdiction (etc.), intends to ask those questions at tomorrow's status hearing, and may or may not rule on the motion to dismiss tomorrow. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 73
REPLY by Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. to memorandum in support of motion, #36 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Schultz, David) [Transferred from ilnd on 2/21/2020.]
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Filing 72
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file an 18-page response brief #70 and his motion for leave to file exhibit A under seal #68 are both granted. The required chambers copy of the reply brief must include all of the exhibits as part of the same bound document. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 71
NOTICE of Motion by David Max Oppenheim for presentment of motion for miscellaneous relief #70 before Honorable Matthew F. Kennelly on 10/8/2019 at 09:30 AM. (Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 70
MOTION by Plaintiff Aaron Kapp to Increase Page Limit (Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 69
NOTICE of Motion by David Max Oppenheim for presentment of motion to seal document #68 before Honorable Matthew F. Kennelly on 10/8/2019 at 09:30 AM. (Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 68
MOTION by Plaintiff Aaron Kapp to seal document response in opposition to motion, #66 (Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 67
SEALED RESPONSE by Aaron Kapp to MOTION by Defendant Eastern Wisconsin Water Conditioning Co. to dismiss for lack of jurisdiction , Improper Venue #35 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 66
RESPONSE by Aaron Kappin Opposition to MOTION by Defendant Eastern Wisconsin Water Conditioning Co. to dismiss for lack of jurisdiction , Improper Venue #35 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 65
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's unopposed motion for extension of time #63 is granted. Due date for response to motion to dismiss is extended to 9/30/2019. Due date for reply to response is extended to 10/21/2019. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 64
NOTICE of Motion by Mara Ann Baltabols for presentment of motion for extension of time #63 before Honorable Matthew F. Kennelly on 9/19/2019 at 09:30 AM. (Baltabols, Mara) Modified on 9/16/2019 (pjg, ). [Transferred from ilnd on 2/21/2020.]
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Filing 63
MOTION by Plaintiff Aaron Kapp for extension of time (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 62
MINUTE entry before the Honorable Matthew F. Kennelly: The entry dated 8/12/2019 (dkt. no. 61) contained a scrivener's error and is corrected to read as follows. Telephone status hearing held with attorneys for all parties. The Court concludes that no deposition of Mr. Packard is appropriate at this time. If further affidavits are filed with defendants' reply brief, plaintiff will be permitted to depose the affiants. Response to the motion to dismiss #35 is to be filed by 9/20/2019; reply is due by 10/11/2019. Ruling on motion is set for 11/4/2019 at 9:30 a.m. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 61
MINUTE entry before the Honorable Matthew F. Kennelly: Telephone status hearing held with attorneys for all parties. The Court concludes that no deposition of Mr. Packard is appropriate at this time. If further affidavits are filed with defendants' reply brief, plaintiff will be permitted to depose the affidavits. Response to the motion to dismiss #35 is to be filed by 9/20/2019; reply is due by 10/11/2019. Ruling on motion is set for 11/4/2019 at 9:30 a.m. Mailed notice (ags, ) [Transferred from ilnd on 2/21/2020.]
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Filing 60
MINUTE entry before the Honorable Matthew F. Kennelly: At the parties' request, the 8/12/2019 status hearing is converted to a telephone status hearing, to be initiated by the parties and the time is advanced to 9:15 a.m. Once all parties are on the phone, they are to jointly contact chambers at (312) 435-5618 at 9:15 a.m. Mailed notice. (pjg, ) [Transferred from ilnd on 2/21/2020.]
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Filing 59
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 6/26/2019. Deadline for 30(b)(6) deposition of Culligan International is 7/24/2019. Status hearing set for 8/12/2019 at 9:30 a.m. Mailed notice. (pjg, ) [Transferred from ilnd on 2/21/2020.]
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Filing 58
STATUS Report Regarding Plaintiff's Requests for the Production of Documents by Aaron Kapp (Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 57
AGREED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 6/18/2019: Defendants' unopposed motion for entry of agreed confidentiality order is granted. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 56
NOTICE of Motion by Brandon S. Stein for presentment of motion for protective order #55 before Honorable Matthew F. Kennelly on 6/18/2019 at 09:30 AM. (Stein, Brandon) [Transferred from ilnd on 2/21/2020.]
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Filing 55
MOTION by Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. for protective order (UNOPPOSED - AGREED) (Stein, Brandon) [Transferred from ilnd on 2/21/2020.]
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Filing 54
NOTICE by John Sheldon Letchinger of Change of Address (Letchinger, John) [Transferred from ilnd on 2/21/2020.]
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Filing 53
NOTICE by Matthew J Caccamo of Change of Address (Caccamo, Matthew) [Transferred from ilnd on 2/21/2020.]
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Filing 52
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 6/6/2019. Defendants have until 6/20/2019 to provide discovery. Joint status report to be filed by 6/24/2019. Status hearing set for 6/26/2019 at 9:30 a.m. Mailed notice. (pjg, ) [Transferred from ilnd on 2/21/2020.]
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Filing 51
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to extend time for service is withdrawn; status hearing remains set for 6/6/2019 at 9:30 AM. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 50
STATUS Report Regarding Plaintiff's Requests for the Production of Documents by Aaron Kapp (Attachments: #1 Exhibit A - Hearing Transcript, #2 Exhibit B - Defendants' Responses to Plaintiff's Document Requests)(Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 49
SUMMONS Returned Executed by Aaron Kapp as to Unco Data Systems, Inc. on 6/4/2019, answer due 6/25/2019. (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 48
CERTIFICATE of Service by Defendant Culligan Soft Water Service Co. , SUMMONS Returned Executed by Aaron Kapp as to Culligan Soft Water Service Co. on 6/4/2019, answer due 6/25/2019. (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 47
SUMMONS Returned Executed by Aaron Kapp as to Eastern Wisconsin Water Conditioning Co. on 6/4/2019, answer due 6/25/2019. (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 46
NOTICE of Motion by Mara Ann Baltabols for presentment of before Honorable Matthew F. Kennelly on 6/6/2019 at 09:30 AM. (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 45
MOTION by Plaintiff Aaron Kapp to Withdraw Motion to Extend Time for Service (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 44
NOTICE of Motion by Mara Ann Baltabols for presentment of extension of time #43 before Honorable Matthew F. Kennelly on 6/6/2019 at 09:30 AM. (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 43
MOTION by Plaintiff Aaron Kapp for extension of time for service (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 42
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 5/23/2019. Documents requests are to be served by 5/24/2019; objections are due by 5/31/2019. Joint status report regarding discovery issues as stated in open court to be filed by 6/4/2019. Status hearing is set for 6/6/2019 at 9:30 a.m. Mailed notice. (pjg, ) [Transferred from ilnd on 2/21/2020.]
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Filing 41
STATUS Report regarding jurisdictional discovery by Aaron Kapp (Attachments: #1 Ex A - Hearing Transcript)(Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 40
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants Culligan Soft Water, Eastern Wisconsin Water Conditioning, and Unco Data's request to continue status and motion hearing is granted without objection. Motion to dismiss/lack of jurisdiction #35 and status hearing reset to 5/23/2019 at 9:30 a.m. Hearing date of 5/21/2019 is stricken. Mailed notice (mw, ) [Transferred from ilnd on 2/21/2020.]
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ALIAS Summons Issued as to Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc.. (mc, ) [Transferred from ilnd on 2/21/2020.]
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Filing 39
MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 5/8/2019. Motion to dismiss/lack of jurisdiction #35 and status hearing continued to 5/21/2019 at 9:30 a.m. Joint status report regarding discovery on personal jurisdiction issue as stated in open court to be filed by 5/17/2019. The Clerk is directed to issue alias summons. Mailed notice. (pjg, ) [Transferred from ilnd on 2/21/2020.]
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Filing 38
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 5/8/2019 at 9:00 AM is moved to 9:30 AM on that date. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 37
NOTICE of Motion by David M Schultz for presentment of motion to dismiss/lack of jurisdiction #35 before Honorable Matthew F. Kennelly on 5/8/2019 at 09:30 AM. (Schultz, David) [Transferred from ilnd on 2/21/2020.]
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Filing 36
MEMORANDUM by Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. in support of motion to dismiss/lack of jurisdiction #35 (Attachments: #1 Exhibit, #2 Declaration, #3 Declaration, #4 Declaration)(Schultz, David) (Docket Text Modified by Clerk's Office on 5/1/2019) (sxb, ). [Transferred from ilnd on 2/21/2020.]
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Filing 35
MOTION by Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. to dismiss for lack of personal jurisdiction, improper venue, or in the alternative, to transfer venue. (Schultz, David) Docket Text Modified by Clerk's Office on 5/1/2019 (jjr, )(sxb, ). [Transferred from ilnd on 2/21/2020.]
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Filing 34
MINUTE entry before the Honorable Matthew F. Kennelly: At plaintiff's request, by agreement with the defendants, the 5/2/2019 status hearing is vacated and reset for 5/8/2019 at 9:00 a.m. Mailed notice. (pjg, ) [Transferred from ilnd on 2/21/2020.]
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Filing 33
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for enlargement of time is granted; response to amended complaint is to be filed by 5/1/2019. Defendants' should not expect a further extension. The status hearing set for 4/18/2019 is vacated and reset to 5/2/2019 at 9:00 AM. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 32
ATTORNEY Appearance for Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. by John Paul Ryan (Ryan, John) [Transferred from ilnd on 2/21/2020.]
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Filing 31
ATTORNEY Appearance for Defendants Culligan International Company, Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. by David M Schultz (Schultz, David) [Transferred from ilnd on 2/21/2020.]
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Filing 30
NOTICE of Motion by Brandon S. Stein for presentment of motion for extension of time to file answer #29 before Honorable Matthew F. Kennelly on 4/10/2019 at 09:30 AM. (Stein, Brandon) [Transferred from ilnd on 2/21/2020.]
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Filing 29
MOTION by Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. for extension of time to file answer regarding amended complaint #18 (Stein, Brandon) [Transferred from ilnd on 2/21/2020.]
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Filing 28
ATTORNEY Appearance for Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. by Brandon S. Stein (Stein, Brandon) [Transferred from ilnd on 2/21/2020.]
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Filing 27
ATTORNEY Appearance for Plaintiff Aaron Kapp by Adam E. Urbanczyk (Urbanczyk, Adam) [Transferred from ilnd on 2/21/2020.]
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Filing 26
SUMMONS Returned Executed by Aaron Kapp as to Unco Data Systems, Inc. on 3/20/2019, answer due 4/10/2019. (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 25
SUMMONS Returned Executed by Aaron Kapp as to Culligan Soft Water Service Co. on 3/20/2019, answer due 4/10/2019. (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 24
SUMMONS Returned Executed by Aaron Kapp as to Eastern Wisconsin Water Conditioning Co. on 3/20/2019, answer due 4/10/2019. (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 23
MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 3/20/2019. Status hearing is continued to 4/18/2019 at 9:00 AM. Mailed notice. (pjg, ) [Transferred from ilnd on 2/21/2020.]
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Filing 22
ANSWER to amended complaint by Culligan International Company(Caccamo, Matthew) [Transferred from ilnd on 2/21/2020.]
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SUMMONS Issued as to Defendants Culligan Soft Water Service Co., Eastern Wisconsin Water Conditioning Co., Unco Data Systems, Inc. (pk, ) [Transferred from ilnd on 2/21/2020.]
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Filing 21
MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to amend the complaint and add defendants and to deem his amended complaint timely filed #19 is granted, but the latter aspect of this order is conditioned upon plaintiff serving the new defendants with summons, not a waiver. The Clerk is directed to add Eastern Wisconsin Water Conditioning Co., Culligan Soft Water Service Co., and Unco Data Systems, Inc. as defendants and is directed to issue summons to those defendants. The case remains set for a status hearing on 3/20/2019 as previously ordered. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 20
NOTICE of Motion by Phillip A. Bock for presentment of motion to amend/correct #19 before Honorable Matthew F. Kennelly on 3/20/2019 at 09:30 AM. (Bock, Phillip) [Transferred from ilnd on 2/21/2020.]
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Filing 19
MOTION by Plaintiff Aaron Kapp to amend/correct amended complaint #18 (Attachments: #1 Exhibit A)(Bock, Phillip) [Transferred from ilnd on 2/21/2020.]
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Filing 18
AMENDED complaint by Aaron Kapp against Culligan International Company (Bock, Phillip) [Transferred from ilnd on 2/21/2020.]
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Filing 17
MINUTE entry before the Honorable Matthew F. Kennelly: At plaintiff's request, and by agreement of the parties, the 3/13/2019 status hearing is vacated and reset for 3/20/2019 at 9:00 a.m. Mailed notice. (pjg, ) [Transferred from ilnd on 2/21/2020.]
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Filing 16
Defendant's ANSWER to Complaint by Culligan International Company(Caccamo, Matthew) [Transferred from ilnd on 2/21/2020.]
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Filing 15
MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 3/13/2019 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 14
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' unopposed motion for extension of time #12 is granted; response to complaint is to be filed by 2/14/2019. (mk) [Transferred from ilnd on 2/21/2020.]
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Filing 13
Defendant's NOTICE of Motion by Matthew J Caccamo for presentment of motion for extension of time to file answer #12 before Honorable Matthew F. Kennelly on 2/5/2019 at 09:30 AM. (Caccamo, Matthew) [Transferred from ilnd on 2/21/2020.]
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Filing 12
MOTION by Defendant Culligan International Company for extension of time to file answer (Caccamo, Matthew) [Transferred from ilnd on 2/21/2020.]
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Filing 11
ATTORNEY Appearance for Plaintiff Aaron Kapp by Mark Anthony Bulgarelli (Bulgarelli, Mark) [Transferred from ilnd on 2/21/2020.]
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Filing 10
ATTORNEY Appearance for Plaintiff Aaron Kapp by Mara Ann Baltabols (Baltabols, Mara) [Transferred from ilnd on 2/21/2020.]
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Filing 9
ATTORNEY Appearance for Plaintiff Aaron Kapp by David Max Oppenheim (Oppenheim, David) [Transferred from ilnd on 2/21/2020.]
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Filing 8
ATTORNEY Appearance for Plaintiff Aaron Kapp by Tod Allen Lewis (Lewis, Tod) [Transferred from ilnd on 2/21/2020.]
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Filing 7
ATTORNEY Appearance for Plaintiff Aaron Kapp by Phillip A. Bock (Bock, Phillip) [Transferred from ilnd on 2/21/2020.]
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Filing 6
ATTORNEY Appearance for Plaintiff Aaron Kapp by Ilan Chorowsky (Chorowsky, Ilan) [Transferred from ilnd on 2/21/2020.]
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Filing 5
MAILED Notice of Removal Letter to all counsel of record. (smm, ) [Transferred from ilnd on 2/21/2020.]
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Filing 4
CIVIL Cover Sheet (Letchinger, John) [Transferred from ilnd on 2/21/2020.]
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Filing 3
ATTORNEY Appearance for Defendant Culligan International Company by John Sheldon Letchinger (Letchinger, John) [Transferred from ilnd on 2/21/2020.]
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Filing 2
ATTORNEY Appearance for Defendant Culligan International Company by Matthew J Caccamo (Caccamo, Matthew) [Transferred from ilnd on 2/21/2020.]
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Filing 1
NOTICE of Removal from Circuit Court of Cook County, case number (2018-CH-15540) filed by Culligan International Company Filing fee $ 400, receipt number 0752-15389448. (Caccamo, Matthew) [Transferred from ilnd on 2/21/2020.]
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (jjr, ) [Transferred from ilnd on 2/21/2020.]
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