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Filed: 6/6/2017, Entered: 6/6/2017 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/6/2017. Pursuant to the Notices of Dismissal 75 , 76 and Rule 41(a) of the Federal Rules of Civil Procedure, this matter is hereby terminated. All pending motions are denied as moot and all scheduled deadlines and court settings are vacated.(JMB, ilcd)
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Filed: 6/6/2017, Entered: None |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/6/2017. Pursuant to the Notices of Dismissal 75, 76 and Rule 41(a) of the Federal Rules of Civil Procedure, this matter is hereby terminated. All pending motions are denied as moot and all scheduled deadlines and court settings are vacated.(JMB, ilcd)
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 Request |
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| 76 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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NOTICE of Voluntary Dismissal by D'kids Partners L.P., Donald W Kirlin. (Farkas, Alan) (Entered: 06/02/2017)
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Request |
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| 75 |
Filed: 6/2/2017, Entered: 6/2/2017 |
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NOTICE of Voluntary Dismissal by D'kids Partners L.P., Donald W Kirlin. (Farkas, Alan) (Entered: 06/02/2017)
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Request |
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Filed: 5/12/2017, Entered: 5/12/2017 |
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TEXT ORDER: At the hearing on April 24, 2017, the parties informed the Court that Witness 5AC6DB4 would not be called to testify by stipulation. Defendants' Motion to Quash the Subpoena of 5AC6DB4 (d/e 49 ) is accordingly moot. The Clerk of the Court is directed to terminate the motion. Entered by Judge Sue E. Myerscough on 5/12/2017. (MJC, ilcd)
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Filed: 5/12/2017, Entered: None |
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TEXT ORDER: At the hearing on April 24, 2017, the parties informed the Court that Witness Chris Schuering would not be called to testify by stipulation. Defendants' Motion to Quash the Subpoena of Chris Schuering (d/e 49 ) is accordingly moot. The Clerk of the Court is directed to terminate the motion. Entered by Judge Sue E. Myerscough on 5/12/2017. (MJC, ilcd)
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Request |
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Filed: 5/12/2017, Entered: 5/12/2017 |
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TEXT ORDER: The motions to dismiss at d/e 37 and d/e 39 have been mooted by Plaintiffs' Amended Complaint (d/e 56 ), as Defendants did not reinstate the original motions to dismiss within 14 days of the filing of the Amended Complaint. See Local Rule 7.1(E). The Clerk of the Court is accordingly directed to terminate the motions at d/e 37 and d/e 39 . Entered by Judge Sue E. Myerscough on 5/12/2017. (MJC, ilcd)
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Filed: 5/9/2017, Entered: 5/9/2017 |
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TEXT ORDER Entered by Judge Sue E. Myerscough on 5/9/17. Plaintiffs Motion for Extension of Time to File Responses to Motions to Dismiss (Unopposed) 72 is GRANTED. Plaintiffs are directed to file their responses to Defendants motions to dismiss and accompanying memoranda [60, 67, 68, and 69] on or before June 5, 2017. (DK, ilcd)
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Filed: 5/8/2017, Entered: 5/8/2017 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/8/2017. Pursuant to order 74 entered 5/5/2017, Motion 61 is DENIED. (KE, ilcd)
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| 74 |
Filed: 5/5/2017, Entered: 5/5/2017 |
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ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 5/5/2017. Rule 16 Scheduling Conference set for 6/7/2017 at 10:45 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written order. (KE, ilcd) (Entered: 05/05/2017)
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Request |
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| 73 |
Filed: 5/1/2017, Entered: 5/1/2017 |
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CERTIFICATE of Service/Counsel re 72 MOTION for Extension of Time to File Response/Reply as to 68 Memorandum, 69 Memorandum, 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 67 Second MOTION to Dismiss Pursua (Unopposed) by Michael Sweeney McGrory on behalf of D'kids Partners L.P., Donald W Kirlin (McGrory, Michael) (Entered: 05/01/2017)
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Request |
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| 72 |
Filed: 5/1/2017, Entered: 5/1/2017 |
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MOTION for Extension of Time to File Response/Reply as to 68 Memorandum, 69 Memorandum, 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 67 Second MOTION to Dismiss Pursuant to Rule 12(b)(6) (Unopposed) by Plaintiffs D'kids Partners L.P., Donald W Kirlin. Responses due by 5/15/2017 (McGrory, Michael) (Entered: 05/01/2017)
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Request |
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| 71 |
Filed: 4/26/2017, Entered: 4/26/2017 |
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OPINION AND ORDER entered by Sue E. Myerscough, U.S. District Judge. See Written Opinion. Entered on 4/26/2017. (MJC, ilcd) (Entered: 04/26/2017)
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Request |
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Filed: 4/25/2017, Entered: 4/25/2017 |
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TEXT ORDER: Plaintiffs' Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 41 ), which the Court has treated as also requesting a preliminary injunction (see text order March 14, 2017), is DENIED. As to the request for a preliminary injunction, Plaintiffs have failed to carry their burden to demonstrate: 1) a probability of success on the merits; 2) inadequacy of legal remedies; and 3) a risk of irreparable harm. Plaintiffs' request for a preliminary injunction is accordingly DENIED. Plaintiffs' request for appointment of an interim receiver is similarly lacking support in the record and is DENIED. Written order to follow. Entered by Judge Sue E. Myerscough on 04/25/2017. (DM, ilcd)
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| 70 |
Filed: 4/25/2017, Entered: 4/25/2017 |
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Exhibit and Witness Lists marked by Court at Motion Hearings held on 4-24-2017 and 4-25-2017. (DM, ilcd) (Entered: 04/25/2017)
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Request |
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Filed: 4/25/2017, Entered: 4/25/2017 |
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Minute Entry for proceedings held before Judge Sue E. Myerscough: CONTINUED MOTION HEARING held on 4/25/2017. Plaintiff Donald W. 98FFB1B or 62D6D37 present with counsel of record, Alan L. Farkas. Defendants 62D6D37. and 98FFB1B present with counsel of record, Joseph R. Marconi. Attorney Steven Ward present on behalf of Defendants 6B8C93B, Hutmacher & 6B8C93B PC, and Schmeideskamp, Robertson, Neu & Mitchell LLP. Plaintiff rested. Defense called witnesses and presented evidence. At the conclusion of evidence, Court reiterated offer made during testimony of Defendant 62D6D37. By concurrence of Defendants, offer made to Plaintiff. Offer rejected by Plaintiff with justification given. Marking and collection of exhibits. Decision of Court to be docketed on this date at 8:00 PM. Court adjourned. (Court Reporter KS.) (DM, ilcd)
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Filed: 4/25/2017, Entered: None |
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Minute Entry for proceedings held before Judge Sue E. Myerscough: CONTINUED MOTION HEARING held on 4/25/2017. Plaintiff Donald W. Kirlin present with counsel of record, Alan L. Farkas. Defendants Dale T. Kirlin, Jr. and Gary F. Kirlin present with counsel of record, Joseph R. Marconi. Attorney Steven Ward present on behalf of Defendants James A. Rapp, Hutmacher & Rapp PC, and Schmeideskamp, Robertson, Neu & Mitchell LLP. Plaintiff rested. Defense called witnesses and presented evidence. At the conclusion of evidence, Court reiterated offer made during testimony of Defendant Dale Kirlin. By concurrence of Defendants, offer made to Plaintiff. Offer rejected by Plaintiff with justification given. Marking and collection of exhibits. Decision of Court to be docketed on this date at 8:00 PM. Court adjourned. (Court Reporter KS.) (DM, ilcd)
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Filed: 4/24/2017, Entered: 4/24/2017 |
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Minute Entry for proceedings held before Judge Sue E. Myerscough: MOTION HEARING held on 4/24/2017. Plaintiff Donald W. 98FFB1B or 62D6D37 present with counsel of record, Alan L. Farkas. Defendants 62D6D37. and 98FFB1B present with counsel of record, Joseph R. Marconi and Victor J. Pioli. Attorney Steven Ward present on behalf of Defendants 6B8C93B, Hutmacher & 6B8C93B PC, and Schmeideskamp, Robertson, Neu & Mitchell LLP. Defense counsel informed Court that Witness 5AC6DB4 had been excused by entry of stipulation. No assertion of attorney client privilege as to this witness. Positions of parties stated. Witnesses called, sworn and questioned. Evidence entered. Hearing continued to April 25, 2017 at 9:30 AM before Judge Sue E. Myerscough, Courtroom 1, Springfield, Illinois. Court adjourned. (Court Reporter KS.) (DM, ilcd)
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Filed: 4/24/2017, Entered: None |
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Minute Entry for proceedings held before Judge Sue E. Myerscough: MOTION HEARING held on 4/24/2017. Plaintiff Donald W. Kirlin present with counsel of record, Alan L. Farkas. Defendants Dale T. Kirlin, Jr. and Gary F. Kirlin present with counsel of record, Joseph R. Marconi and Victor J. Pioli. Attorney Steven Ward present on behalf of Defendants James A. Rapp, Hutmacher & Rapp PC, and Schmeideskamp, Robertson, Neu & Mitchell LLP. Defense counsel informed Court that Witness Chris Schuering had been excused by entry of stipulation. No assertion of attorney client privilege as to this witness. Positions of parties stated. Witnesses called, sworn and questioned. Evidence entered. Hearing continued to April 25, 2017 at 9:30 AM before Judge Sue E. Myerscough, Courtroom 1, Springfield, Illinois. Court adjourned. (Court Reporter KS.) (DM, ilcd)
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Request |
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| 69 |
Filed: 4/24/2017, Entered: 4/24/2017 |
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MEMORANDUM of Law in Support of 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Dale T Kirlin, Jr, Gary F Kirlin. (MJC, ilcd) (Entered: 04/24/2017)
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Request |
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Filed: 4/24/2017, Entered: 4/24/2017 |
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TEXT ORDER: Defendants' Unopposed Motion for Leave to File Memorandum in Excess of Page Limits, Instanter (d/e 63 ) is GRANTED. The Clerk of the Court is directed to file Defendants' exhibit (d/e 64 ) to their Motion for Leave to File Memorandum in Excess of Page Limits as their Memorandum of Law in Support of Their Motion to Dismiss Plaintiffs' First Amended Complaint Pursuant to Rules 9(b), 12(b)(6), and 12(b)(1). Entered by Judge Sue E. Myerscough on 4/24/2017. (MJC, ilcd)
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| 68 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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MEMORANDUM in Support of Second Motion to Dismiss re 67 Second MOTION to Dismiss Pursuant to Rule 12(b)(6) by James A Rapp. (Ward, Steven) (Entered: 04/21/2017)
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Request |
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| 67 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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Second MOTION to Dismiss Pursuant to Rule 12(b)(6) by Defendant James A Rapp. Responses due by 5/5/2017 (Ward, Steven) (Entered: 04/21/2017)
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Request |
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| 66 |
Filed: 4/21/2017, Entered: 4/21/2017 |
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MEMORANDUM (Supplemental) in Opposition to Motion for TRO and Appointment of Receiver re 42 Memorandum, 46 Memorandum in Opposition to Motion/Petition, 58 Brief, 41 MOTION for Temporary Restraining Order and Appointment of Interim Receiver by Dale T Kirlin, Jr, Gary F Kirlin. (Attachments: # 1 Affidavit Affidavit of D Kirlin)(Langs, Brian) (Entered: 04/21/2017)
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Request |
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| 65 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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NOTICE of Motion re 61 MOTION to Stay Discovery until Disposition of MTD, 60 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 63 MOTION for Leave to File Memorandum in support of MTD in Excess of LR Character Limit, instanter [UNOPPOSED] (Langs, Brian) (Entered: 04/19/2017)
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Request |
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| 64 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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Exhibit re 63 MOTION for Leave to File Memorandum in support of MTD in Excess of LR Character Limit, instanter [UNOPPOSED] by Dale T Kirlin, Jr, Gary F Kirlin. (Langs, Brian) (Entered: 04/19/2017)
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Request |
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| 63 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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MOTION for Leave to File Memorandum in support of MTD in Excess of LR Character Limit, instanter [UNOPPOSED] by Defendants Dale T Kirlin, Jr, Gary F Kirlin. Responses due by 5/3/2017 (Langs, Brian) (Entered: 04/19/2017)
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Request |
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| 62 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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MEMORANDUM in Support re 61 MOTION to Stay Discovery until Disposition of MTD by Dale T Kirlin, Jr, Gary F Kirlin. (Langs, Brian) (Entered: 04/19/2017)
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Request |
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| 61 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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MOTION to Stay Discovery until Disposition of MTD by Defendants Dale T Kirlin, Jr, Gary F Kirlin. Responses due by 5/3/2017 (Langs, Brian) (Entered: 04/19/2017)
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Request |
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| 60 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Defendants Dale T Kirlin, Jr, Gary F Kirlin. Responses due by 5/3/2017 (Langs, Brian) (Entered: 04/19/2017)
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Request |
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| 59 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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NOTICE of Filing re: Plaintiffs' Supplement re 58 Brief, (Farkas, Alan) (Entered: 04/19/2017)
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Request |
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| 58 |
Filed: 4/19/2017, Entered: 4/19/2017 |
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BRIEF Plaintiffs' Supplement re 42 Memorandum, 41 MOTION for Temporary Restraining Order and Appointment of Interim Receiver by D'kids Partners L.P., Donald W Kirlin. (Attachments: # 1 Exhibit 27, # 2 Exhibit 28, # 3 Exhibit 29, # 4 Exhibit 30)(Farkas, Alan) (Entered: 04/19/2017)
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Request |
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| 57 |
Filed: 4/7/2017, Entered: 4/7/2017 |
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CERTIFICATE of Service/Counsel re 56 Amended Complaint by Alan L Farkas on behalf of D'kids Partners L.P., Donald W Kirlin (Farkas, Alan) (Entered: 04/07/2017)
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Request |
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| 56 |
Filed: 4/7/2017, Entered: 4/7/2017 |
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AMENDED COMPLAINT (First) against All Defendants, filed by Donald W Kirlin, D'kids Partners L.P..(Farkas, Alan) (Entered: 04/07/2017)
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Request |
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Filed: 4/6/2017, Entered: 4/6/2017 |
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TEXT ORDER: Plaintiffs have filed a Withdrawal of Notice of Hearing on Preliminary Injunction and Appointment of Interim Receiver (d/e 55 ). Plaintiffs' request a continuance of the hearing on their motion for preliminary injunction and interim receiver because Plaintiffs have not yet received the proposed receiver's expert report. The motion (d/e 55 ) is GRANTED. The hearing on Plaintiffs' request for preliminary injunction and interim receiver scheduled for Friday, April 7, 2017, is CONTINUED to Monday, April 24, 2017, at 1:30 P.M. before Judge Sue E. Myerscough in Courtroom I in Springfield, Illinois. Entered by Judge Sue E. Myerscough on 4/6/2017. (GL, ilcd)
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| 55 |
Filed: 4/5/2017, Entered: 4/5/2017 |
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NOTICE Plaintiff Withdrawal of Notice of Hearing on Preliminary Injunction and Appointment of Interim Receiver (Farkas, Alan) (Entered: 04/05/2017)
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Request |
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Filed: 4/5/2017, Entered: 4/5/2017 |
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TEXT ORDER: The parties are DIRECTED to inform the Court by Wednesday, April 5, 2017, as to whether they intend to proceed with the hearing scheduled for Friday, April 7, 2017, at 1:30 P.M. Entered by Judge Sue E. Myerscough on 4/5/2017. (MJC, ilcd)
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Filed: 3/31/2017, Entered: 3/31/2017 |
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Reset Deadlines: First Amended Complaint due by 4/7/2017. (JMB, ilcd)
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Filed: 3/31/2017, Entered: 3/31/2017 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/31/2017. Plaintiffs' Motion for Extension of Time to File First Amended Complaint 54 is GRANTED. Plaintiffs' deadline to file their First Amended Complaint is extended to April 7, 2017. (JMB, ilcd)
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| 54 |
Filed: 3/30/2017, Entered: 3/30/2017 |
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MOTION for Extension of Time to File Amended Complaint by Plaintiffs D'kids Partners L.P., Donald W Kirlin. Responses due by 4/13/2017 (Farkas, Alan) (Entered: 03/30/2017)
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Filed: 3/24/2017, Entered: 3/24/2017 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/24/2017. The parties' Joint Motion to Continue Rule 16 Scheduling Conference 45 is GRANTED. The Rule 16 Scheduling Conference set for April 6, 2017, is RESCHEDULED to May 12, 2017, at 10:00 AM. If an agreed discovery plan pursuant to FED. R. CIV. P. 26(f)(3) is filed seven days before the hearing, the conference will be AUTOMATICALLY converted to a telephone conference, and the Court will initiate the call. (JMB, ilcd)
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Filed: 3/24/2017, Entered: 3/24/2017 |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/24/2017. Plaintiffs' Motion for Leave to File First Amended Complaint (Unopposed) 52 is GRANTED. Pursuant to Rule 15, Plaintiffs' deadline to file their first amended complaint is March 31, 2017.(JMB, ilcd)
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| 53 |
Filed: 3/23/2017, Entered: 3/23/2017 |
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CERTIFICATE of Service/Counsel re 52 MOTION for Leave to File First Amended Complaint (Unopposed) by Alan L Farkas on behalf of D'kids Partners L.P., Donald W Kirlin (Farkas, Alan) (Entered: 03/23/2017)
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Request |
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| 52 |
Filed: 3/23/2017, Entered: 3/23/2017 |
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MOTION for Leave to File First Amended Complaint (Unopposed) by Plaintiffs D'kids Partners L.P., Donald W Kirlin. Responses due by 4/6/2017 (Farkas, Alan) (Entered: 03/23/2017)
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Request |
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Filed: 3/22/2017, Entered: 3/22/2017 |
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TEXT ORDER: As discussed during the hearing on March 21, 2017, the hearing on Plaintiffs' motion for preliminary injunction and appointment of interim receiver (d/e 41 ) is hereby CONTINUED to Friday, April 7, 2017, at 1:30 PM. Entered by Judge Sue E. Myerscough on 3/22/2017. (MJC, ilcd)
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Filed: 3/21/2017, Entered: 3/21/2017 |
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Minute Entry for proceedings held before Judge Sue E. Myerscough: MOTION HEARING held on 3/21/2017. Plaintiff Donald W. 98FFB1B or 62D6D37 present with counsel of record, Alan L. Farkas and Michael McGrory. Defendants 62D6D37. and 98FFB1B present with counsel of record, Joseph R. Marconi and Victor J. Pioli. Attorney Steven Ward present on behalf of his clients 6B8C93B, Hutmacher & 6B8C93B PC, and Schmeideskamp, Robertson, Neu & Mitchell LLP. Interested Party, 5AC6DB4 present with counsel of record, David A. Sorensen. Judge administered the oath to Attorney Victor J. Pioli to be admitted to practice in the Central District of Illinois. Attorney Sorensen addressed the court regarding the Motion to Quash Subpoena. Discussion was held. Court recommended parties meet with magistrate judge for a settlement conference. After conferring with Magistrate Judge Tom Schanzle-Haskins, the parties adjourned to Courtroom 3 at 11:00 AM to begin settlement discussions. Hearing adjourned. (Court Reporter K.S.) (GL, ilcd)
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Filed: 3/21/2017, Entered: None |
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Minute Entry for proceedings held before Judge Sue E. Myerscough: MOTION HEARING held on 3/21/2017. Plaintiff Donald W. Kirlin present with counsel of record, Alan L. Farkas and Michael McGrory. Defendants Dale T. Kirlin, Jr. and Gary F. Kirlin present with counsel of record, Joseph R. Marconi and Victor J. Pioli. Attorney Steven Ward present on behalf of his clients James A. Rapp, Hutmacher & Rapp PC, and Schmeideskamp, Robertson, Neu & Mitchell LLP. Interested Party, Chris Schuering present with counsel of record, David A. Sorensen. Judge administered the oath to Attorney Victor J. Pioli to be admitted to practice in the Central District of Illinois. Attorney Sorensen addressed the court regarding the Motion to Quash Subpoena. Discussion was held. Court recommended parties meet with magistrate judge for a settlement conference. After conferring with Magistrate Judge Tom Schanzle-Haskins, the parties adjourned to Courtroom 3 at 11:00 AM to begin settlement discussions. Hearing adjourned. (Court Reporter K.S.) (GL, ilcd)
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Request |
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Filed: 3/21/2017, Entered: 3/21/2017 |
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MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Present Plaintiff Donald W. 62D6D37 or 98FFB1B, with counsel, Alan Farkas and Michael McGrory; present Defendants, 62D6D37 and 98FFB1B, with counsel, Joseph Marconi and Victor Pioli. Settlement conference conducted among the parties. Parties agree to continue hearing on preliminary injunction so the parties may retain an expert to evaluate claims and facilitate settlement negotiations. Specific terms of agreement put on record. Parties to get continued date for hearing on preliminary injunction from U.S. District Judge Sue Myerscough. (LB, ilcd)
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Filed: 3/21/2017, Entered: None |
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MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Present Plaintiff Donald W. Kirlin, with counsel, Alan Farkas and Michael McGrory; present Defendants, Dale T. Kirlin and Gary F. Kirlin, with counsel, Joseph Marconi and Victor Pioli. Settlement conference conducted among the parties. Parties agree to continue hearing on preliminary injunction so the parties may retain an expert to evaluate claims and facilitate settlement negotiations. Specific terms of agreement put on record. Parties to get continued date for hearing on preliminary injunction from U.S. District Judge Sue Myerscough. (LB, ilcd)
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Request |
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| 51 |
Filed: 3/21/2017, Entered: 3/21/2017 |
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RESPONSE to Motion re 49 MOTION to Quash Subpoena filed by Plaintiffs D'kids Partners L.P., Donald W Kirlin. (Farkas, Alan) (Entered: 03/21/2017)
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Request |
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| 50 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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MEMORANDUM in Support of Motion to Quash Subpoena re 49 MOTION to Quash Subpoena by Chris Schuering. (Sorensen, David) (Entered: 03/20/2017)
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Request |
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| 49 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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MOTION to Quash Subpoena by Interested Party Chris Schuering. Responses due by 4/3/2017 (Sorensen, David) (Entered: 03/20/2017)
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Request |
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| 48 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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NOTICE of Appearance of Attorney by David A Sorensen on behalf of Chris Schuering (Sorensen, David) (Entered: 03/20/2017)
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Request |
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| 47 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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CERTIFICATE of Compliance Pursuant to Local Rule 7.1(B) of Dale and Gary Kirlin's Memorandum Opposing Plaintiffs' Motion for Temporary Restraining Order and Appointment of Receiver. (Marconi, Joseph) (Entered: 03/20/2017)
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Request |
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| 46 |
Filed: 3/20/2017, Entered: 3/20/2017 |
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MEMORANDUM in Opposition re 44 MOTION for Hearing re 42 Memorandum, 43 Certificate of Service/Counsel, 41 MOTION for Temporary Restraining Order and Appointment of Interim Receiver (Motion for Expedited Evidentiary Hearing) filed by Defendants Dale T Kirlin, Jr, Gary F Kirlin. (Attachments: # 1 Exhibit A)(Marconi, Joseph) (Entered: 03/20/2017)
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Request |
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| 45 |
Filed: 3/17/2017, Entered: 3/17/2017 |
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Joint MOTION to Continue Rule 16 Scheduling Conference by Plaintiffs D'kids Partners L.P., Donald W Kirlin. Responses due by 3/31/2017 (Farkas, Alan) (Entered: 03/17/2017)
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Request |
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Filed: 3/16/2017, Entered: 3/16/2017 |
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TEXT ORDER: Counsel for Defendants 62D6D37. and 98FFB1B has informed the Court that he has a scheduling conflict with the hearing on preliminary injunction and appointment of interim receiver set for March 22, 2017. Plaintiffs' counsel has informed the Court that he does not object to a reschedule of the hearing to March 21, 2017. The hearing on preliminary injunction and appointment of interim receiver is hereby RESCHEDULED for Tuesday, March 21, 2017, at 10:00 am. Entered by Judge Sue E. Myerscough on 3/16/2017. (MJC, ilcd)
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Filed: 3/16/2017, Entered: None |
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TEXT ORDER: Counsel for Defendants Dale Kirlin, Jr. and Gary Kirlin has informed the Court that he has a scheduling conflict with the hearing on preliminary injunction and appointment of interim receiver set for March 22, 2017. Plaintiffs' counsel has informed the Court that he does not object to a reschedule of the hearing to March 21, 2017. The hearing on preliminary injunction and appointment of interim receiver is hereby RESCHEDULED for Tuesday, March 21, 2017, at 10:00 am. Entered by Judge Sue E. Myerscough on 3/16/2017. (MJC, ilcd)
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Request |
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Filed: 3/14/2017, Entered: 3/14/2017 |
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TEXT ORDER: Plaintiffs have filed a Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 41 ). Plaintiffs seek a Temporary Restraining Order (TRO): 1) barring Defendants from calling a vote on the proposed resolutions of Kirlins, Inc., the Company, for 14 days or until further Court order; 2) barring Defendants or the Company from selling any of its assets for 14 days or until further Court order; and 3) prohibiting Defendants 62D6D37. and 98FFB1B from transacting any business on behalf of the Company until further Court order. Plaintiffs do not allege that they are likely to suffer any harm before Defendants can be heard in opposition. See Fed. R. Civ. P. 65(b). Plaintiff Donald 98FFB1B or 62D6D37 Affidavit in Support of Plaintiffs' Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e [42-1]) alleges no facts suggesting likelihood of a vote on the proposed resolutions or of a sale of the Company's stores or assets other than a Special Meeting of the Shareholders to be held on March 24, 2017. Nor does Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 42 ) allege any such facts. Rather, the Memorandum of Law states that "[i]t is this notice [the third 'Notice of Special Meeting,' which is to be held on March 24, 2017] that is the subject of the present TRO action." See Plaintiffs' Memorandum of Law (d/e 42 ) at 7. Because ten days remain before the March 24, 2017, meeting, the Defendants can be heard in opposition to Plaintiffs' request for injunctive relief prior to the risk of injury. Plaintiffs' request for a TRO (d/e 41 ) and Plaintiffs' Motion for Expedited Hearing on their Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 44 ) are accordingly DENIED. Plaintiffs' request for a hearing on preliminary injunction is GRANTED. A hearing on preliminary injunction and appointment of interim receiver is hereby SET for Wednesday, March 22, 2017, at 10:00 am. Although Plaintiffs' Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 41 ) requests a hearing on preliminary injunction, it does not request a preliminary injunction. Given that the standards for granting a TRO and a preliminary injunction are the same, the Court hereby notifies Plaintiffs of its intent to treat their Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 41 ) as also seeking a preliminary injunction. Defendants are DIRECTED to respond to Plaintiffs' motion on or before March 20, 2017. Plaintiffs are DIRECTED to inform the Court if they do not wish their motion to be considered as also seeking a preliminary injunction on or before March 20, 2017. Entered by Judge Sue E. Myerscough on 3/14/2017. (MJC, ilcd)
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Filed: 3/14/2017, Entered: None |
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TEXT ORDER: Plaintiffs have filed a Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 41 ). Plaintiffs seek a Temporary Restraining Order (TRO): 1) barring Defendants from calling a vote on the proposed resolutions of Kirlins, Inc., the Company, for 14 days or until further Court order; 2) barring Defendants or the Company from selling any of its assets for 14 days or until further Court order; and 3) prohibiting Defendants Dale Kirlin, Jr. and Gary Kirlin from transacting any business on behalf of the Company until further Court order. Plaintiffs do not allege that they are likely to suffer any harm before Defendants can be heard in opposition. See Fed. R. Civ. P. 65(b). Plaintiff Donald Kirlin's Affidavit in Support of Plaintiffs' Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e [42-1]) alleges no facts suggesting likelihood of a vote on the proposed resolutions or of a sale of the Company's stores or assets other than a Special Meeting of the Shareholders to be held on March 24, 2017. Nor does Plaintiffs' Memorandum of Law in Support of Plaintiffs' Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 42 ) allege any such facts. Rather, the Memorandum of Law states that "[i]t is this notice [the third 'Notice of Special Meeting,' which is to be held on March 24, 2017] that is the subject of the present TRO action." See Plaintiffs' Memorandum of Law (d/e 42 ) at 7. Because ten days remain before the March 24, 2017, meeting, the Defendants can be heard in opposition to Plaintiffs' request for injunctive relief prior to the risk of injury. Plaintiffs' request for a TRO (d/e 41 ) and Plaintiffs' Motion for Expedited Hearing on their Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 44 ) are accordingly DENIED. Plaintiffs' request for a hearing on preliminary injunction is GRANTED. A hearing on preliminary injunction and appointment of interim receiver is hereby SET for Wednesday, March 22, 2017, at 10:00 am. Although Plaintiffs' Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 41 ) requests a hearing on preliminary injunction, it does not request a preliminary injunction. Given that the standards for granting a TRO and a preliminary injunction are the same, the Court hereby notifies Plaintiffs of its intent to treat their Motion for Temporary Restraining Order and Appointment of Interim Receiver (d/e 41 ) as also seeking a preliminary injunction. Defendants are DIRECTED to respond to Plaintiffs' motion on or before March 20, 2017. Plaintiffs are DIRECTED to inform the Court if they do not wish their motion to be considered as also seeking a preliminary injunction on or before March 20, 2017. Entered by Judge Sue E. Myerscough on 3/14/2017. (MJC, ilcd)
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Request |
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| 44 |
Filed: 3/14/2017, Entered: 3/14/2017 |
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MOTION for Hearing re 42 Memorandum, 43 Certificate of Service/Counsel, 41 MOTION for Temporary Restraining Order and Appointment of Interim Receiver (Motion for Expedited Evidentiary Hearing) by Plaintiffs D'kids Partners L.P., Donald W Kirlin. Responses due by 3/28/2017 (Farkas, Alan) (Entered: 03/14/2017)
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Request |
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| 43 |
Filed: 3/13/2017, Entered: 3/13/2017 |
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CERTIFICATE of Service/Counsel re 42 Memorandum, 41 MOTION for Temporary Restraining Order and Appointment of Interim Receiver by Alan L Farkas on behalf of D'kids Partners L.P., Donald W Kirlin (Farkas, Alan) (Entered: 03/13/2017)
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Request |
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| 42 |
Filed: 3/13/2017, Entered: 3/13/2017 |
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MEMORANDUM of Law in Support re 41 MOTION for Temporary Restraining Order and Appointment of Interim Receiver by D'kids Partners L.P., Donald W Kirlin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11)(Farkas, Alan) (Entered: 03/13/2017)
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Request |
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| 41 |
Filed: 3/13/2017, Entered: 3/13/2017 |
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MOTION for Temporary Restraining Order and Appointment of Interim Receiver by Plaintiffs D'kids Partners L.P., Donald W Kirlin. Responses due by 3/27/2017 (Farkas, Alan) (Entered: 03/13/2017)
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Request |
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| 40 |
Filed: 3/10/2017, Entered: 3/10/2017 |
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MEMORANDUM in Support re 39 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by Respondents Dale T Kirlin, Jr, Gary F Kirlin. (Marconi, Joseph) (Entered: 03/10/2017)
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Request |
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| 39 |
Filed: 3/10/2017, Entered: 3/10/2017 |
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MOTION to Dismiss Pursuant to Rule 12(b)(6) by Respondents Dale T Kirlin, Jr, Gary F Kirlin. Responses due by 3/24/2017 (Marconi, Joseph) (Entered: 03/10/2017)
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Request |
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| 38 |
Filed: 3/10/2017, Entered: 3/10/2017 |
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MEMORANDUM in Support of Motion to Dismiss by James A Rapp. (Ward, Steven) (Entered: 03/10/2017)
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Request |
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| 37 |
Filed: 3/10/2017, Entered: 3/10/2017 |
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MOTION to Dismiss by Respondent James A Rapp. Responses due by 3/24/2017 (Ward, Steven) (Entered: 03/10/2017)
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Request |
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| 36 |
Filed: 3/8/2017, Entered: 3/8/2017 |
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ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 3/8/2017. Rule 16 Scheduling Conference set for 4/6/2017 at 10:15 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. (JMB, ilcd) (Entered: 03/08/2017)
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Request |
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Filed: 3/7/2017, Entered: 3/7/2017 |
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TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins: Judge Schanzle-Haskins disqualifies himself and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(b)(1). Pursuant to instructions from Chief Judge James E. Shadid, this matter is reassigned to U.S. Magistrate Judge Eric Long. Entered on 3/7/2017. (ME, ilcd)
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Filed: 3/2/2017, Entered: 3/2/2017 |
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TEXT ORDER by RICHARD MILLS, United States District Judge:The undersigned judge recuses from all further proceedings in this case. Pursuant to the internal procedures of the Clerk's Office, this matter is hereby transferred to United States District Judge Sue E. Myerscough for all further proceedings. Entered on 3/2/2017. (ME, ilcd)
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| 35 |
Filed: 3/1/2017, Entered: 3/1/2017 |
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Case transferred in from Northern District of Illinois; Case Number 1:16-cv-10472. (Entered: 03/01/2017)
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Request |
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| 34 |
Filed: 3/1/2017, Entered: 3/1/2017 |
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TRANSFERRED to the Central District of Illinois, the electronic record. (eaa, ) (Entered: 03/01/2017)
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Request |
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| 33 |
Filed: 3/1/2017, Entered: 3/1/2017 |
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MINUTE entry before the Honorable Sharon Johnson Coleman: The court's order entered on 2/24/2017 (#28) is amended in part as follows: This Court hereby orders that this case be transferred forthwith to the United States District Court for the Central District of Illinois. The remainder of the order shall stand.Mailed notice (rth, ) (Entered: 03/01/2017)
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Request |
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| 32 |
Filed: 2/28/2017, Entered: 2/28/2017 |
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MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiffs' motion for more specific order 29 is granted. The Clerk of the District Court shall remove Exhibit E to Plaintiffs' Emergency Motion for Expedited ruling, located at docket entry no. 24-1, from the Court's ECF system, including this case's online and physical case file. No appearance necessary on 3/1/2017.Mailed notice (rth, ) (Entered: 02/28/2017)
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Request |
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| 31 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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Proposed Order by D'kids Partners L.P., Donald W Kirlin Regarding Motion for More Specific Order (Farkas, Alan) (Entered: 02/24/2017)
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Request |
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| 30 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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NOTICE of Motion by Alan L. Farkas for presentment of motion for miscellaneous relief 29 before Honorable Sharon Johnson Coleman on 3/1/2017 at 08:45 AM. (Farkas, Alan) (Entered: 02/24/2017)
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Request |
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| 29 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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MOTION by Plaintiffs D'kids Partners L.P., Donald W Kirlin for More Specific Order Regarding Granting of Plaintiffs' Emergency Motion for Expedited Ruling (Farkas, Alan) (Entered: 02/24/2017)
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Request |
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| 28 |
Filed: 2/24/2017, Entered: 2/24/2017 |
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ORDER; For the foregoing reasons, defendants' motion to dismiss 14 is denied. This Court hereby orders that this case be transferred to the United States District Court for the Central District of Illinois. Civil case terminated. Signed by the Honorable Sharon Johnson Coleman on 2/24/2017:Mailed notice(rth, ) (Entered: 02/24/2017)
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Request |
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| 27 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 2/21/2017. Plaintiffs' emergency motion for Expedited Ruling on Defendants' Joint Motion to Dismiss for Improper Venue 24 is granted. By agreement, oral request to withdraw all exhibits to document #24 is granted. Defendants' motion to dismiss 14 is taken under advisement.Mailed notice (rth, ) (Entered: 02/21/2017)
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Request |
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| 26 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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Emergency NOTICE of Motion by Alan L. Farkas for presentment of motion to expedite 24 before Honorable Sharon Johnson Coleman on 2/21/2017 at 02:30 PM. (Farkas, Alan) (Entered: 02/21/2017)
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Request |
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| 25 |
Filed: 2/20/2017, Entered: 2/20/2017 |
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NOTICE by D'kids Partners L.P., Donald W Kirlin re MOTION by Plaintiffs D'kids Partners L.P., Donald W Kirlin to expedite (Emergency Motion for Expedited Ruling on Defendants' Joint Motion to Dismiss for Improper Venue) 24 (Farkas, Alan) (Entered: 02/20/2017)
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Request |
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| 24 |
Filed: 2/20/2017, Entered: 2/20/2017 |
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MOTION by Plaintiffs D'kids Partners L.P., Donald W Kirlin to expedite (Emergency Motion for Expedited Ruling on Defendants' Joint Motion to Dismiss for Improper Venue) (Farkas, Alan) (Removed per court order dated 2/28/2017 - Exhibit E # 1 attachment)(Attachment 1 replaced on 2/28/2017) (eaa, ). (Entered: 02/20/2017)
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Request |
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| 23 |
Filed: 2/20/2017, Entered: 2/20/2017 |
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NOTICE by D'kids Partners L.P., Donald W Kirlin re response in opposition to motion, 22 (Farkas, Alan) (Entered: 02/20/2017)
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Request |
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| 22 |
Filed: 2/20/2017, Entered: 2/20/2017 |
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RESPONSE by D'kids Partners L.P., Donald W Kirlinin Opposition to MOTION by Defendants Gary F Kirlin, Dale T Kirlin, Jr, Schmeideskamp, Robertson, Neu & Mitchell, LLP, James A Rapp to dismiss For Improper Venue 14 (Corrected to include exhibit inadvertently omitted) (Attachments: # 1 Exhibit 1)(Farkas, Alan) (Entered: 02/20/2017)
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Request |
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| 21 |
Filed: 1/25/2017, Entered: 1/25/2017 |
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ATTORNEY Appearance for Defendants Hutmacher & Rapp, P.C., James A Rapp, Schmeideskamp, Robertson, Neu & Mitchell, LLP by Amir R. Tahmassebi (Tahmassebi, Amir) (Entered: 01/25/2017)
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Request |
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| 20 |
Filed: 12/27/2016, Entered: 12/27/2016 |
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REPLY by Hutmacher & Rapp, P.C., Dale T Kirlin, Jr, Gary F Kirlin, James A Rapp, Schmeideskamp, Robertson, Neu & Mitchell, LLP to response in opposition to motion, 18 in support of Defendants' Motion to Dismiss 14 (Attachments: # 1 Affidavit Second Declaration of James Rapp, # 2 Exhibit Gorman Website Bio, # 3 Notice of Filing NOF)(Marconi, Joseph) (Entered: 12/27/2016)
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Request |
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| 19 |
Filed: 12/13/2016, Entered: 12/13/2016 |
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MINUTE entry before the Honorable Sharon Johnson Coleman: Defendants filed their motion to dismiss 14 on 12/7/2016. Plaintiffs filed their response 18 on 12/12/2016. Defendants are to file their reply, if any, by 12/27/2016. The Court will then take the matter under advisement. No appearance necessary on 12/14/2016. Mailed notice (rth, ) (Entered: 12/13/2016)
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Request |
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| 18 |
Filed: 12/12/2016, Entered: 12/12/2016 |
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RESPONSE by D'kids Partners L.P., Donald W Kirlinin Opposition to MOTION by Defendants Gary F Kirlin, Dale T Kirlin, Jr, Schmeideskamp, Robertson, Neu & Mitchell, LLP, James A Rapp to dismiss For Improper Venue 14 Plainitffs' Response In Opposition To Defendants' Joint Motion to Dismiss for Improper Venue (Farkas, Alan) (Entered: 12/12/2016)
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Request |
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| 17 |
Filed: 12/9/2016, Entered: 12/9/2016 |
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ATTORNEY Appearance for Defendants Hutmacher & Rapp, P.C., James A Rapp, Schmeideskamp, Robertson, Neu & Mitchell, LLP by Thomas James Long (Attachments: # 1 Appearance, # 2 Appearance)(Long, Thomas) (Entered: 12/09/2016)
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Request |
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| 16 |
Filed: 12/9/2016, Entered: 12/9/2016 |
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ATTORNEY Appearance for Defendants Hutmacher & Rapp, P.C., James A Rapp, Schmeideskamp, Robertson, Neu & Mitchell, LLP by Daniel Francis Konicek (Attachments: # 1 Appearance, # 2 Appearance)(Konicek, Daniel) (Entered: 12/09/2016)
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Request |
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| 15 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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NOTICE of Motion by Brian C. Langs for presentment of motion to dismiss, 14 before Honorable Sharon Johnson Coleman on 12/14/2016 at 08:45 AM. (Langs, Brian) (Entered: 12/07/2016)
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Request |
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| 14 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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MOTION by Defendants Gary F Kirlin, Dale T Kirlin, Jr, Schmeideskamp, Robertson, Neu & Mitchell, LLP, James A Rapp to dismiss For Improper Venue (Attachments: # 1 Exhibit Declaration of Dale T.Kirlin, # 2 Exhibit Affidavit of James A. Rapp, # 3 Exhibit File Detail Reports)(Langs, Brian) (Entered: 12/07/2016)
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Request |
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| 13 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ATTORNEY Appearance for Defendant Schmeideskamp, Robertson, Neu & Mitchell, LLP by Steven Carl Ward (Ward, Steven) (Entered: 12/07/2016)
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Request |
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| 12 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ATTORNEY Appearance for Defendant James A Rapp by Steven Carl Ward (Ward, Steven) (Entered: 12/07/2016)
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Request |
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| 11 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ATTORNEY Appearance for Defendant Hutmacher & Rapp, P.C. by Steven Carl Ward (Ward, Steven) (Entered: 12/07/2016)
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Request |
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| 10 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ATTORNEY Appearance for Defendants Dale T Kirlin, Jr, Gary F Kirlin by Brian C. Langs (Langs, Brian) (Entered: 12/07/2016)
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Request |
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| 9 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ATTORNEY Appearance for Defendants Dale T Kirlin, Jr, Gary F Kirlin by Victor J. Pioli (Pioli, Victor) (Entered: 12/07/2016)
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Request |
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| 8 |
Filed: 12/7/2016, Entered: 12/7/2016 |
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ATTORNEY Appearance for Defendants Dale T Kirlin, Jr, Gary F Kirlin by Joseph R. Marconi (Marconi, Joseph) (Entered: 12/07/2016)
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Request |
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| 7 |
Filed: 11/16/2016, Entered: 11/16/2016 |
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SUMMONS returned executed as to Dale T Kirlin, Jr on 11/15/2016 answer due 12/6/2016, Gary F Kirlin on 11/15/2016 answer due 12/6/2016, James A Rapp on 11/15/2016 answer due 12/6/2016,Hutmacher & Rapp, P.C. on 11/15/2016 answer due 12/6/2016 and Schmeideskamp, Robertson, Neu & Mitchell, LLP on 11/15/2016 answer due 12/6/2016 (Farkas, Alan) (Docket text modified by the Clerk's office) Modified on 11/17/2016 (mc, ). (Entered: 11/16/2016)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 6 |
Filed: 11/11/2016, Entered: 11/11/2016 |
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ATTORNEY Appearance for Plaintiffs D'kids Partners L.P., Donald W Kirlin by Eric Martin Fogel (Fogel, Eric) (Entered: 11/11/2016)
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Request |
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| 5 |
Filed: 11/10/2016, Entered: 11/10/2016 |
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ATTORNEY Appearance for Plaintiffs D'kids Partners L.P., Donald W Kirlin by Michael Sweeney McGrory (McGrory, Michael) (Entered: 11/10/2016)
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Request |
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| |
Filed: 11/10/2016, Entered: 11/10/2016 |
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SUMMONS Issued as to Defendants Hutmacher & 6B8C93B, P.C., 62D6D37, 98FFB1B, 6B8C93B, Schmeideskamp, Robertson, Neu & Mitchell, LLP (pg, )
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Filed: 11/10/2016, Entered: None |
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SUMMONS Issued as to Defendants Hutmacher & Rapp, P.C., Dale T Kirlin, Jr, Gary F Kirlin, James A Rapp, Schmeideskamp, Robertson, Neu & Mitchell, LLP (pg, )
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Request |
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| |
Filed: 11/9/2016, Entered: 11/9/2016 |
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CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable M. David Weisman. (Taylor, Marcus)
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| 4 |
Filed: 11/9/2016, Entered: 11/9/2016 |
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by D'kids Partners L.P., Donald W Kirlin (Farkas, Alan) (Entered: 11/09/2016)
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Request |
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| 3 |
Filed: 11/9/2016, Entered: 11/9/2016 |
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ATTORNEY Appearance for Plaintiffs D'kids Partners L.P., Donald W Kirlin by Alan L. Farkas (Farkas, Alan) (Entered: 11/09/2016)
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Request |
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| 2 |
Filed: 11/9/2016, Entered: 11/9/2016 |
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CIVIL Cover Sheet (Farkas, Alan) (Entered: 11/09/2016)
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Request |
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| 1 |
Filed: 11/9/2016, Entered: 11/9/2016 |
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COMPLAINT filed by D'kids Partners L.P., Donald W Kirlin; Jury Demand. Filing fee $ 400, receipt number 0752-12553723.(Farkas, Alan) (Entered: 11/09/2016)
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Request |
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Update
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