Aliano v. WhistlePig LLC

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:14-cv-10148
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Last Updated January 13, 2019 at 7:58 PM EST (7.2 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Due Fratelli, Inc., Plaintiff
No Logo Mario Aliano, Plaintiff

Represented by figjaminc.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Frank James Stretz +1 312 440 0020 fjstretz@gmail.com

Represented by Zimmerman Law Office, PC

Name Phone Fax E-Mail
Space Adam M. Tamburelli +1 312 440 0020 +1 312 440 4180 adam@attorneyzim.com
Space Thomas A. Zimmerman, Jr. +1 312 440 0020 +1 312 440 4180 tom@attorneyzim.com
v.
No Logo GoAmericaGo LLC, Defendant

Represented by Baker Botts, LLP

Name Phone Fax E-Mail
Space Mike Barta +1 202 639 7703
No Logo Whistlepig LLC, Defendant

Represented by Baker Botts, LLP

Name Phone Fax E-Mail
Space Michael Joseph Barta +1 202 639 7700 +1 202 639 7890 michael.barta@dechert.com
Space Vern Cassin +1 202 639 1139 +1 202 508 9321 vernon.cassin@bakerbotts.com

Represented by Husch Blackwell LLP

Name Phone Fax E-Mail
Space Michael D Hayes +1 312 655 1500 +5693 569 569 3000 michael.hayes@huschblackwell.com
Attributes
Citation Section 28 U.S.C. § 1446
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (57) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 52 Filed: 1/11/2016, Entered: 1/11/2016 Unknown Document Type
MINUTE entry before the Honorable Sheila M. Finnegan: Telephonic status hearing set for 1/13/2016 is cancelled. Pursuant to the parties' stipulation of dismissal 51, this case is dismissed with prejudice against Defendants Whistlepig,LLC and Goamericago Beverages, LLC. This dismissal, as to the claims of Plaintiff Mario Aliano, is with prejudice. This dismissal, as to the claims of the putative class members, is without prejudice. Civil case terminated. Mailed notice. (is, )
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Legal Document (Payment Possibly Required) 51 Filed: 1/11/2016, Entered: None
STIPULATION of Dismissal (De Re, Matthew) (Entered: 01/11/2016)
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Legal Document (Payment Possibly Required) 50 Filed: 1/6/2016, Entered: None
RESPONSE by Defendants Goamericago Beverages, LLC, WhistlePig LLC to order on motion to certify class,, status hearing,, set/reset hearings, 46 (Defendant's Response Concerning Plaintiff's Failure to File Court-Ordered Discovery Plan) (Attachments: # 1 Declaration (Declaration of Michael D. Hayes))(Hayes, Michael) (Entered: 01/06/2016)
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Legal Document (Payment Possibly Required) 49 Filed: 11/17/2015, Entered: None Order on Motion to Withdraw as Attorney
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Legal Document (Payment Possibly Required) 49 Filed: 11/16/2015, Entered: None
ORDER: Michael J. Barta's motion to withdraw as counsel for defendants 48 is granted. Michael J. Barta from the law firm of Baker Botts L.L.P. is withdrawn as counsel for defendants. Signed by the Honorable Sheila M. Finnegan on 11/16/2015. Mailed notice (aee, ) (Entered: 11/17/2015)
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Legal Document (Payment Possibly Required) 48 Filed: 11/13/2015, Entered: 11/13/2015 Unknown Document Type
MOTION by Attorney Michael J. Barta to withdraw as attorney for Goamericago Beverages, LLC, WhistlePig LLC. No party information provided (Cassin, Vernon)
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Legal Document (Payment Possibly Required) 47 Filed: 11/13/2015, Entered: None
ATTORNEY Appearance for Plaintiff Mario Aliano by Amelia Susan Newton (Newton, Amelia) (Entered: 11/13/2015)
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Legal Document (Payment Possibly Required) 46 Filed: 11/13/2015, Entered: None Order on Motion to Certify Class
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Legal Document (Payment Possibly Required) 46 Filed: 11/12/2015, Entered: None
MINUTE entry before the Honorable Sheila M. Finnegan: Status hearing held on 11/12/2015 and continued to 1/13/2016 at 10:30 a.m. Plaintiff's motion for class certification 26 is entered and continued. For the reasons stated on the record, the Court is likely to allow certain targeted discovery. Plaintiff's proposed discovery plan due by 12/14/2015. Defendants' response due by 1/6/2016. Mailed notice. (is, ) (Entered: 11/13/2015)
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Legal Document (Payment Possibly Required) 45 Filed: 11/4/2015, Entered: None
MINUTE entry before the Honorable Sheila M. Finnegan: Status hearing set for 11/12/2015 at 2:00 p.m. Mailed notice. (is, ) (Entered: 11/04/2015)
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Legal Document (Payment Possibly Required) 44 Filed: 9/16/2015, Entered: None
NOTICE by Michael D Hayes of Change of Address (Hayes, Michael) (Entered: 09/16/2015)
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Legal Document (Payment Possibly Required) 43 Filed: 9/3/2015, Entered: None
Plaintiff's First Set of Written Discovery Requests to Defendants by Mario Aliano (Zimmerman, Thomas) (Entered: 09/03/2015)
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Legal Document (Payment Possibly Required) 42 Filed: 8/19/2015, Entered: None
SUR-REPLY by Defendants Goamericago Beverages, LLC, WhistlePig LLC to reply to response to motion 40 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cassin, Vernon) (Entered: 08/19/2015)
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Legal Document (Payment Possibly Required) 41 Filed: 8/6/2015, Entered: None Order on Motion to Certify Class
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Legal Document (Payment Possibly Required) 41 Filed: 8/5/2015, Entered: None
MINUTE entry before the Honorable Sheila M. Finnegan: Telephone status hearing held on 8/5/2015. Plaintiff's amended motion for class certification 26 is taken under advisement. Oral argument set for 8/10/2015 is cancelled. Parties are to serve and file their discovery related to class certification issues by 8/19/2015. Defendant is given leave to file a supplemental brief in opposition to class certification by 8/19/2015. Mailed notice. (is, ) (Entered: 08/06/2015)
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Legal Document (Payment Possibly Required) 40 Filed: 8/3/2015, Entered: None
REPLY by Mario Aliano to response in opposition to motion 29 , MOTION by Plaintiffs Mario Aliano, Due Fratelli, Inc. to certify class 26 (De Re, Matthew) (Entered: 08/03/2015)
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Legal Document (Payment Possibly Required) 39 Filed: 7/29/2015, Entered: None
MINUTE entry before the Honorable Sheila M. Finnegan: By agreement, Plaintiffs' time to file their reply brief to their motion for class certification 26 is extended to 8/3/2015. Mailed notice. (is, ) (Entered: 07/29/2015)
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Legal Document (Payment Possibly Required) 38 Filed: 7/9/2015, Entered: None Order
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Legal Document (Payment Possibly Required) 38 Filed: 7/8/2015, Entered: None
ORDER: Frank James Stretzs motion to withdraw as counsel for plaintiff 36 is granted. Motion Hearing set for 7/30/2015 is cancelled. Signed by the Honorable Sheila M. Finnegan on 7/8/2015. Mailed notice. (as, ) (Entered: 07/09/2015)
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Legal Document (Payment Possibly Required) 37 Filed: 7/8/2015, Entered: None
NOTICE of Motion by Frank James Stretz for presentment of motion to withdraw as attorney 36 before Honorable Sheila M. Finnegan on 7/30/2015 at 09:15 AM. (Stretz, Frank) (Entered: 07/08/2015)
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Legal Document (Payment Possibly Required) 36 Filed: 7/8/2015, Entered: 7/8/2015 Unknown Document Type
MOTION by Attorney Frank James Stretz to withdraw as attorney for Mario Aliano, Due Fratelli, Inc.. No party information provided (Stretz, Frank)
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Legal Document (Payment Possibly Required) 35 Filed: 7/2/2015, Entered: None
ATTORNEY Appearance for Plaintiff Mario Aliano by Matthew C. De Re (De Re, Matthew) (Entered: 07/02/2015)
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Legal Document (Payment Possibly Required) 34 Filed: 6/29/2015, Entered: 6/29/2015 Unknown Document Type
ORDER: Adam M. Tamburellis motion to withdraw as counsel for plaintiff 32 is granted. Motion Hearing set for 7/2/2015 is cancelled. Signed by the Honorable Sheila M. Finnegan on 6/29/2015. Mailed notice. (as, )
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Legal Document (Payment Possibly Required) 33 Filed: 6/29/2015, Entered: None
NOTICE of Motion by Adam M. Tamburelli for presentment of motion to withdraw as attorney 32 before Honorable Sheila M. Finnegan on 7/2/2015 at 09:15 AM. (Tamburelli, Adam) (Entered: 06/29/2015)
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Legal Document (Payment Possibly Required) 32 Filed: 6/29/2015, Entered: 6/29/2015 Unknown Document Type
MOTION by Attorney Adam M. Tamburelli to withdraw as attorney for Mario Aliano. No party information provided (Tamburelli, Adam)
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Legal Document (Payment Possibly Required) 31 Filed: 6/26/2015, Entered: None
MINUTE entry before the Honorable Sheila Finnegan: Status hearing held on 6/26/2015 and continued to 8/10/2015 at 11:00 a.m. as to Plaintiff's motion for class certification 26 . Plaintiff has not served written discovery. Plaintiff requests the opportunity to take limited discovery before responding to the motion. Defendant argues that discovery will not change the outcome of the motion. Plaintiff's reply brief to be filed by 7/31/2015. Plaintiff may describe in the reply brief in relation to specific arguments any discovery that he feels is necessary and its relevance. Telephone status hearing set for 8/5/2015 at 11:00 a.m. for the Court to inform the parties as to whether it desires oral argument at the hearing on 8/10/2015 or will cancel that hearing. To join the telephone status hearing, dial (877) 336-1831. Access code is 5995354. Mailed notice. (is, ) (Entered: 06/26/2015)
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Legal Document (Payment Possibly Required) 30 Filed: 6/22/2015, Entered: None
ANSWER to amended complaint (Defendants' Answer and Defenses to First Amended Class Action Complaint) by GoAmericaGo LLC, WhistlePig LLC(Hayes, Michael) (Entered: 06/22/2015)
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Legal Document (Payment Possibly Required) 29 Filed: 6/19/2015, Entered: None
RESPONSE by GoAmericaGo LLC, WhistlePig LLCin Opposition to MOTION by Plaintiffs Mario Aliano, Due Fratelli, Inc. to certify class 26 (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit)(Cassin, Vernon) (Entered: 06/19/2015)
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Legal Document (Payment Possibly Required) 28 Filed: 6/8/2015, Entered: None
MINUTE entry before the Honorable Sheila Finnegan: Telephonic status hearing held on 6/8/2015. Parties may issue written discovery. Plaintiff intends to issue written discovery by 6/15/2015. Defendants intend to file a brief in opposition to Plaintiff's motion for class certification 26 by 6/19/2015. Motion Hearing set for 6/9/2015 is cancelled. Status hearing set for 6/26/2015 at 10:00 a.m. The parties may file a written status report by 6/25/2015 if they think this would be helpful or if they are in agreement that the status hearing is unnecessary. Mailed notice. (is, ) (Entered: 06/08/2015)
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Legal Document (Payment Possibly Required) 27 Filed: 6/2/2015, Entered: None
NOTICE of Motion by Adam M. Tamburelli for presentment of motion to certify class 26 before Honorable Sheila M. Finnegan on 6/9/2015 at 09:15 AM. (Tamburelli, Adam) (Entered: 06/02/2015)
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Legal Document (Payment Possibly Required) 26 Filed: 6/1/2015, Entered: 6/1/2015 Unknown Document Type
MOTION by Plaintiffs Mario Aliano, Due Fratelli, Inc. to certify class (Zimmerman, Thomas)
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Legal Document (Payment Possibly Required) 25 Filed: 6/1/2015, Entered: 6/1/2015 Unknown Document Type
FIRST AMENDED complaint by Due Fratelli, Inc., Mario Aliano against All Defendants (Zimmerman, Thomas)
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Legal Document (Payment Possibly Required) 24 Filed: 5/18/2015, Entered: 5/18/2015 Unknown Document Type
MEMORANDUM Opinion and Order Signed by the Honorable Sheila Finnegan on 5/18/2015: Defendants' Motion to Dismiss Under Federal Rule of Civil Procedure 12(b)(6) 15 is granted in part and denied in part. Counts II and IV may stand, but only to the extent the alleged fraud is based on statements made on Defendants' website and product labels. Counts I and III are dismissed. Plaintiffs have until June 1, 2015 to file an amended complaint. [For further details see memorandum opinion and order.] Mailed notice. (is, )
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Legal Document (Payment Possibly Required) 23 Filed: 4/23/2015, Entered: 4/23/2015 Unknown Document Type
MINUTE entry before the Honorable Sheila Finnegan: Status hearing held on 4/23/2015. Defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) 15 is taken under advisement. Telephonic status hearing is set for 6/8/2015 at 9:00 a.m. To join the telephonic status hearing, dial (877) 336-1831. Access code is 5995354. Mailed notice. (is, )
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Legal Document (Payment Possibly Required) 22 Filed: 4/3/2015, Entered: None
REPLY by GoAmericaGo LLC, WhistlePig LLC to response in opposition to motion 21 (Barta, Mike) (Entered: 04/03/2015)
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Legal Document (Payment Possibly Required) 21 Filed: 3/20/2015, Entered: None
RESPONSE by Mario Aliano, Due Fratelli, Inc.in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 15 (Tamburelli, Adam) (Entered: 03/20/2015)
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Legal Document (Payment Possibly Required) 20 Filed: 3/3/2015, Entered: None
MINUTE entry before the Honorable Sheila Finnegan: Status hearing set for 4/7/2015 is reset to 4/23/2015 at 11:00 a.m. at the request of the parties. Mailed notice. (is, ) (Entered: 03/03/2015)
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Legal Document (Payment Possibly Required) 19 Filed: 3/2/2015, Entered: None
MINUTE entry before the Honorable Sheila Finnegan: Status hearing set for 3/5/2015 is reset to 4/7/2015 at 11:00 a.m. Mailed notice. (is, ) (Entered: 03/02/2015)
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Legal Document (Payment Possibly Required) 18 Filed: 2/18/2015, Entered: None
MINUTE entry before the Honorable Sheila Finnegan: Plaintiffs' response to Defendants' motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) 15 due by 3/20/2015. Defendants' reply due by 4/3/2015. Motion Hearing set for 3/5/2015 is cancelled. Mailed notice. (is, ) (Entered: 02/18/2015)
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Legal Document (Payment Possibly Required) 17 Filed: 2/17/2015, Entered: None
NOTICE of Motion by Vernon A Cassin, Iii for presentment of Motion to Dismiss for Failure to State a Claim 15 before Honorable Sheila M. Finnegan on 3/5/2015 at 11:00 AM. (Cassin, Vernon) (Entered: 02/17/2015)
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Legal Document (Payment Possibly Required) 16 Filed: 2/17/2015, Entered: None
MEMORANDUM by GoAmericaGo LLC, WhistlePig LLC in support of Motion to Dismiss for Failure to State a Claim 15 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Cassin, Vernon) (Entered: 02/17/2015)
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Legal Document (Payment Possibly Required) 15 Filed: 2/17/2015, Entered: 2/17/2015 Unknown Document Type
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Cassin, Vernon)
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Legal Document (Payment Possibly Required) 14 Filed: 2/9/2015, Entered: None
MINUTE entry before the Honorable Sheila Finnegan: Status hearing set for 2/12/2015 is reset to 3/5/2015 at 11:00 a.m. at the request of the parties. Mailed notice. (is, ) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 13 Filed: 2/6/2015, Entered: None
MINUTE entry before the Honorable Sheila Finnegan: Status hearing is set for 2/12/2015 at 2:00 p.m. unless the parties contact the courtroom deputy to request an alternative date/time. Out-of-town counsel may participate by telephone. Mailed notice. (is, ) (Entered: 02/06/2015)
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Legal Document (Payment Possibly Required) 12 Filed: 1/30/2015, Entered: None
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Sheila M. Finnegan for all further proceedings pursuant to Local Rule 73.1(B). Signed by Honorable Milton I. Shadur on 01/30/2015. (sxw) (Entered: 02/03/2015)
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Legal Document (Payment Possibly Required) 11 Filed: 1/30/2015, Entered: None
MINUTE entry before the Honorable Milton I. Shadur:Status hearing set for 2/9/2015 is stricken.Mailed notice (clw, ) (Entered: 01/30/2015)
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Legal Document (Payment Possibly Required) 10 Filed: 1/27/2015, Entered: None Court Filing
JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Cassin, Vernon) (Entered: 01/27/2015)
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Legal Document (Payment Possibly Required) 9 Filed: 1/27/2015, Entered: None
ATTORNEY Appearance for Defendants GoAmericaGo LLC, WhistlePig LLC by Mike Barta (Barta, Mike) (Entered: 01/27/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 1/27/2015, Entered: None
ATTORNEY Appearance for Defendants GoAmericaGo LLC, WhistlePig LLC by Vernon A Cassin, Iii (Cassin, Vernon) (Entered: 01/27/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 1/22/2015, Entered: None Order
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Legal Document (Payment Possibly Required) 7 Filed: 1/21/2015, Entered: None
ORDER: Motion of Vernon A. Cassin III for leave to appear pro hac vice on behalf of defendant WhistlePig LLC 5 is granted. Motion of Mike Barta for leave to appear pro hac vice on behalf of defendant WhistlePig LLC 6 is granted. Signed by the Honorable Milton I. Shadur on 1/21/2015. Mailed notice (sxw) (Entered: 01/22/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 1/16/2015, Entered: 1/16/2015 Unknown Document Type
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10244788. Mike Barta (Cassin, Vernon)
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Legal Document (Payment Possibly Required) 5 Filed: 1/16/2015, Entered: 1/16/2015 Unknown Document Type
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10244741. (Cassin, Vernon)
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Legal Document (Payment Possibly Required) 4 Filed: 12/23/2014, Entered: None
MINUTE entry before the Honorable Milton I. Shadur:This order is being entered shortly after the filing of the Complaint. Counsel for plaintiffs are ordered to cause a copy of this order to be delivered forthwith to each defendant in the same manner that process has been or is being served on such defendant. There will be a status hearing--a "scheduling conference", as that term is used in attached Fed. R. Civ. P. ("Rule") 16(b), at 9:00 a.m. on February 9, 2015, 2014. Counsel for plaintiffs and for each defendant that has been served with process or has appeared at least 28 days before that Status Hearing Date are ordered to meet not later than 14 days before the Status Hearing Date to comply with the provisions of Rules 26(f) and 26(a) (c) and this District Courts LR 26.1 Counsel for the parties are urged to undertake serious settlement efforts before the scheduled Status Hearing when no major investment in counsel's time (and clients' money) has yet taken place. If such efforts are unsuccessful, counsel should be prepared to attend the scheduled Status Hearing to discuss briefly their proposed discovery plan and other subjects appropriate for inclusion in the scheduling order as referred to in Rule 16(b). No written status report is to be filed. Although this Court will not set a close-of-discovery scheduling order until both sides have a good sense of the time needed for that purpose, the parties are urged to join in setting their own target dates in that respect at their initial Rule 26(f) conference and to review those target dates regularly during the discovery process. If any party is unrepresented by counsel, that party must comply with this order personally. Mailed notice (Attachments: # 1 FRCP16(b)) (tlp, ) (Entered: 12/23/2014)
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Legal Document (Payment Possibly Required) 3 Filed: 12/18/2014, Entered: None
ATTORNEY Appearance for Defendants GoAmericaGo LLC, WhistlePig LLC by Michael D Hayes (Hayes, Michael) (Entered: 12/18/2014)
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Legal Document (Payment Possibly Required) 2 Filed: 12/18/2014, Entered: None
CIVIL Cover Sheet (Hayes, Michael) (Entered: 12/18/2014)
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Legal Document (Payment Possibly Required) 1 Filed: 12/18/2014, Entered: None
NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2014 CH 18519) filed by GoAmericaGo LLC, WhistlePig LLC Filing fee $ 400, receipt number 0752-10168387. Exhibits attached include state court Complaint and Motion for Class Certification. (Attachments: # 1 Exhibit 1 (Class Action Complaint), # 2 Exhibit 2 (Motion for Class Certification))(Hayes, Michael) (Entered: 12/18/2014)
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