Name: Cienkus v. Material Handling Systems Inc. et al :: Illinois Northern District Court :: Federal Civil Lawsuit No. 1:17-cv-09264, Judge Rebecca R. Pallmeyer presiding
Creator: Illinois Northern District Court
Published: 2017-12-26
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Illinois Northern District Court

Save 25% on a pre-paid one year subscription.

55	Filed: 8/29/2018, Entered: 9/7/2018
	SEALED DOCUMENT. (jjr, )


54	Filed: 8/29/2018, Entered: 8/29/2018
	AGREED ORDER OF DISMISSAL : By agreement, the above cause is dismissed, in its entirety, with prejudice, with each side to pay its own fees and costs. This Court retains jurisdiction to enforce the terms of this settlement. Status hearing set for 9/10/2018 is stricken. Civil case terminated. Signed by the Honorable Rebecca R. Pallmeyer on 8/29/2018. Mailed notice. (etv, )
	Request

53	Filed: 8/2/2018, Entered: 8/2/2018
	MINUTE entry before the Honorable Rebecca R. Pallmeyer: By agreement, status hearing set for 8/7/2018 is stricken and re-set to 9/10/2018 at 9:00 AM. Mailed notice. (etv, )
	Request

52	Filed: 7/25/2018, Entered: 7/26/2018
	MINUTE entry before the Honorable Jeffrey Cole:Settlement conference held. Due to the patience and the significant efforts of everyone attending the settlement conference, the case had a favorable outcome, and the parties amicably resolved their differences. While the material terms of the settlement agreement were placed on the record, counsel were of the view that the terms of the settlement would also be expressed in a written settlement agreement, the initial draft of which would be prepared by defendants' counsel and sent to the plaintiff's counsel for review and signature. The court wishes to express its appreciation to William Burke and Rick Murphy of Costello McMahon Burke & Murphy, Ltd, counsel for the plaintiff; Michael Denbow and Reggie Bentley of Stites & Harbison PLLC and Timothy Palumbo of Kopka Pinkus Dolin PC, counsel for Material Handling Systems, Inc.; Daniel Sarther of Wolf Law, Ltd and Michael Haggerty of Lewis Brisbois Bisgaard & Smith, LLP, counsel for UPS; and Joseph Vallort of Chilton Yambert Porter LLP, counsel for MHS Technical Services, Inc. Their conduct proves that lawyers can act appropriately in their dealings with opposing counsel without sacrificing in the slightest their effectiveness and the obligations they owe to their clients. Judge Honorable Jeffrey Cole no longer referred to the case.Mailed notice (jms, )
	Request

51	Filed: 7/18/2018, Entered: 7/18/2018
	MINUTE entry before the Honorable Jeffrey Cole: While the parties have apparently asked the court to send the matter here for a settlement conference 44 , a review of the parties' settlement submissions in this case reveals that the plaintiff's demand and the defendant's response to that demand are so drastically far apart. Indeed, the demand is 54 times greater than the offer. That is a difference that is seldom seen at the threshold of a settlement conference. Of course, parties cannot, and should not, be forced to settle cases, Goss Graphics Sys., Inc. v. Dev Indus., Inc., 267 F.3d 624, 627 (7th Cir. 2001); Strandell v. Jackson County, Illinois, 838 F.2d 884, 887 (7th Cir. 1988), but if a settlement conference is to serve its salutary function, it ought not to begin in the way this one is about to. This is not to indicate any judgment regarding who has the better of the argument. But a settlement conference that is to begin as this one will seems unlikely to have any reasonable chance of success. Accordingly counsel shall immediately have a conference to ascertain whether the conference can begin without the gap between the demand and offer being as significant as they are here. Lawyers' time is valuable as is the Court's; neither should be expended needlessly. Chicago Observer v. City of Chicago, 929 F.2d 325, 329 (7th Cir. 1991). Cf. Chapman v. First Index, Inc., 796 F.3d 783, 787 (7th Cir. 2015). Accordingly, the parties' counsel are to have an immediate face to face or telephonic conference and report to the Court by phone by Noon on 7/23/18 at 312-408-5178 the results of their conference. Mailed notice (jms, )
	Request

50	Filed: 7/3/2018, Entered: 7/3/2018
	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing set for 7/12/2018 is stricken and re-set to 8/7/2018 at 9:00 AM. Mailed notice. (etv, )
	Request

49	Filed: 5/30/2018, Entered: 5/30/2018
	MINUTE entry before the Honorable Jeffrey Cole:The parties have agreed that the settlement conference will be held on 7/25/2018 at 12:00 PM pm in Courtroom 1003. The parties' counsel must review and comply with this court's Standing Order for Settlement Conference, which appears on the court's website. The requirement of attendance by someone with FULL AUTHORITY is not generally satisfied by attendance of the general counsel or someone from his/her office, although that person is certainly entitled to attend and welcome to participate in the conference. Nor is it satisfied by attendance of a person who must make a phone call to get permission to settle the case in excess of some predetermined amount. Also mandatory, if possible, is the inclusion by both sides in their settlement documents of comparable results. Each party shall deliver copies of their memorandum to chambers (Room 1088) or to my courtroom deputy's office (Room 1010) on or before 7/18/2018. The parties are reminded that compliance with Local Rule 5.2 (d) which requires protruding tabs for exhibits is mandatory. Noncompliance will result in the submission being rejected. Any change in the settlement conference date must be approved by the court, pursuant to an appropriate WRITTEN MOTION, based upon a showing of good cause. Plaintiff must serve defendant with their settlement letter no later than 7/11/2018. The plaintiff must include the basis for and how they arrived at the damages being claimed.Mailed notice (jms, )
	Request

48	Filed: 5/24/2018, Entered: 5/24/2018
	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing set for 7/10/2018 is stricken and re-set to 7/12/2018 at 9:00 AM. Mailed notice. (etv, )
	Request

47	Filed: 5/24/2018, Entered: 5/24/2018
	MINUTE entry before the Honorable Jeffrey Cole: The parties are directed to conference call the courtroom deputy at 312-408-5178 by 5/30/2018 to set a settlement conference date. The parties are directed to contact their respective clients in advance of the conference call to procure 3 or 4 dates that they and the principals are available for a settlement conference between 6/12/2018 and 7/25/2018.Mailed notice (jms, )
	Request

46	Filed: 5/23/2018, Entered: 5/23/2018
	EXECUTIVE COMMITTEE ORDER: It appearing that cases previously assigned to the Honorable Amy J. St. Eve requires reassignment; therefore It is hereby ordered that the cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f) within the guidelines of IOP 16. Case reassigned to the Honorable Rebecca R. Pallmeyer for all further proceedings. Honorable Amy J. St. Eve no longer assigned to the case. Signed by Executive Committee on 5/23/2018. (bg, )
	Request

45	Filed: 5/18/2018, Entered: 5/18/2018
	Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cole for the purpose of holding proceedings related to: settlement conference.(kef, )Mailed notice.
	Request

44	Filed: 5/9/2018, Entered: 5/9/2018
	MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 5/9/2018 and continued to 7/10/2018 at 08:30 AM. Parties are directed to contact the courtroom deputy by 5/18/18 to inform the court whether or not they are interested in participating in a settlement conference. Mailed notice (kef, )
	Request

43	Filed: 5/7/2018, Entered: 5/7/2018
	AGREED CONFIDENTIALITY ORDER Signed by the Honorable Amy J. St. Eve on 5/7/2018:Mailed notice(kef, )
	Request

42	Filed: 5/3/2018, Entered: 5/3/2018
	ANSWER to Complaint with Jury Demand UPS Third Party Complaint 20 by MHS Technical Services, Inc(Vallort, Joseph)
	Request

41	Filed: 5/3/2018, Entered: 5/3/2018
	ATTORNEY Appearance for Third Party Defendant MHS Technical Services, Inc by Larry J. Chilton (Chilton, Larry)
	Request

40	Filed: 5/3/2018, Entered: 5/3/2018
	ATTORNEY Appearance for Third Party Defendant MHS Technical Services, Inc by Joseph R. Vallort (Vallort, Joseph)
	Request

39	Filed: 4/16/2018, Entered: 4/16/2018
	CERTIFICATE of Service by ThirdParty Plaintiff United Parcel Service Inc. regarding summons returned executed 38 , summons returned executed 37 Joseph M. Mitchell (Mitchell, Joseph)
	Request

38	Filed: 4/16/2018, Entered: 4/16/2018
	SUMMONS Returned Executed by United Parcel Service Inc. (Mitchell, Joseph)
	Request

37	Filed: 4/16/2018, Entered: 4/16/2018
	SUMMONS Returned Executed by United Parcel Service Inc. as to MHS Technical Services, Inc on 4/13/2018, answer due 5/4/2018. (Mitchell, Joseph)
	Request

36	Filed: 4/16/2018, Entered: 4/16/2018
	Incorrect document attached. SUMMONS Returned Executed by United Parcel Service Inc. as to Material Handling Systems Inc. on 4/13/2018, answer due 5/4/2018. (Mitchell, Joseph) (Docket Text Modified by Clerk's Office) Modified on 4/17/2018 (pk, ).
	Request

	Filed: 4/12/2018, Entered: 4/12/2018
	ALIAS Summons Issued as to Third Party Defendant MHS Technical Services, Inc. (jp, )


35	Filed: 3/26/2018, Entered: 3/26/2018
	MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 3/26/2018 and continued to 5/9/2018 at 08:30 AM.Mailed notice (kef, )
	Request

34	Filed: 3/15/2018, Entered: 3/15/2018
	ATTORNEY Appearance for Defendant United Parcel Service Inc. by Steven Carl Wolf (Attachments: # 1 Notice of Filing)(Wolf, Steven)
	Request

33	Filed: 3/13/2018, Entered: 3/13/2018
	ATTORNEY Appearance for Cross Claimant United Parcel Service Inc., Defendant United Parcel Service Inc., ThirdParty Plaintiff United Parcel Service Inc. by Daniel Robert Sarther (Sarther, Daniel)
	Request

	Filed: 2/23/2018, Entered: 2/23/2018
	SUMMONS Issued as to Third Party Defendant MHS Technical Services, Inc (pg, )


32	Filed: 2/15/2018, Entered: 2/15/2018
	Notice of Withdrawal of Counsel by Material Handling Systems Inc. (S., Gilliam)
	Request

31	Filed: 2/2/2018, Entered: 2/2/2018
	CERTIFICATE of Service by Joseph Michael Mitchell on behalf of United Parcel Service Inc. (Mitchell, Joseph)
	Request

30	Filed: 2/2/2018, Entered: 2/2/2018
	NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff Mary Cienkus. (Attachments: # 1 Service List) (Burke, William)
	Request

29	Filed: 2/2/2018, Entered: 2/2/2018
	CERTIFICATE of Service Notice of Service by Gilliam Kelly S. on behalf of Material Handling Systems Inc. (S., Gilliam)
	Request

28	Filed: 1/31/2018, Entered: 1/31/2018
	AGREED CONFIDENTIALITY ORDER Signed by the Honorable Amy J. St. Eve on 1/31/2018:Mailed notice(kef, )
	Request

27	Filed: 1/31/2018, Entered: 1/31/2018
	QUALIFIED PROTECTIVE ORDER Signed by the Honorable Amy J. St. Eve on 1/31/2018:Mailed notice(kef, )
	Request

26	Filed: 1/25/2018, Entered: 1/25/2018
	NOTICE by Mary Cienkus re Response 25 to Material Handling Systems, Inc.'s Affirmative Defenses (Burke, William)
	Request

25	Filed: 1/25/2018, Entered: 1/25/2018
	RESPONSE by Plaintiff Mary Cienkus to answer to complaint 12 (Burke, William)
	Request

24	Filed: 1/25/2018, Entered: 1/25/2018
	NOTICE by Mary Cienkus re Response 23 to United Parcel Service Inc.'s Affirmative Defenses (Burke, William)
	Request

23	Filed: 1/25/2018, Entered: 1/25/2018
	RESPONSE by Plaintiff Mary Cienkus to answer to complaint, crossclaim,, 14 (Burke, William)
	Request

22	Filed: 1/23/2018, Entered: 1/23/2018
	ANSWER to Crossclaim by Material Handling Systems Inc.(Palumbo, Timothy)
	Request

21	Filed: 1/23/2018, Entered: 1/23/2018
	ANSWER to Third Party Complaint by Material Handling Systems Inc.(Palumbo, Timothy)
	Request

20	Filed: 1/16/2018, Entered: 1/16/2018
	THIRD party complaint by United Parcel Service Inc. against MHS Technical Services Inc. . (Attachments: # 1 Notice of Filing)(Mitchell, Joseph) Text Modified on 1/17/2018 by the Clerk's office at the request of counsel for Third Party. (ks, ).
	Request

19	Filed: 1/11/2018, Entered: 1/11/2018
	MINUTE entry before the Honorable Amy J. St. Eve:Status hearing held on 1/11/2018 and continued to 3/26/2018 at 08:30 AM. Parties shall submit (not file) an agreed protective order by 1/31/18 and an agreed HIPAA order by 2/16/18. Mandatory initial discovery disclosures shall be exchanged by 2/2/18. Written discovery shall be issued by 2/28/18. Fact discovery shall be completed by 10/26/18. Plaintiff's expert disclosures by 12/5/18. Defendants' expert disclosures by 1/11/19. All expert discovery shall be completed by 2/28/19. Supplemental mandatory initial discovery disclosures shall be made by 3/29/19. Mailed notice (kef, )
	Request

18	Filed: 1/8/2018, Entered: 1/8/2018
	Joint Initial Status Report by United Parcel Service Inc. (Mitchell, Joseph)
	Request

17	Filed: 1/5/2018, Entered: 1/5/2018
	ORDER: Motions for leave to appear pro hac vice on behalf of Material Handling Systems, Inc. by S. Kelly Gilliam and Michael Denbow 15 16 are granted. Signed by the Honorable Amy J. St. Eve on 1/5/2018. Mailed notice (lf, )
	Request

16	Filed: 1/3/2018, Entered: 1/3/2018
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-13959713. (Denbow, Michael)
	Request

15	Filed: 1/3/2018, Entered: 1/3/2018
	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-13959622. (S., Gilliam)
	Request

14	Filed: 1/2/2018, Entered: 1/2/2018
	Defendant, United Parcel Service's ANSWER to Complaint with Jury Demand and Affirmative Defenses, CROSSCLAIM by United Parcel Service Inc. against Material Handling Systems Inc. . by United Parcel Service Inc. (Attachments: # 1 Notice of Filing)(Haggerty, Michael)
	Request

13	Filed: 1/2/2018, Entered: 1/2/2018
	Corporate Disclosure STATEMENT by Material Handling Systems Inc. (Palumbo, Timothy)
	Request

12	Filed: 1/2/2018, Entered: 1/2/2018
	ANSWER to Complaint by Material Handling Systems Inc.(Palumbo, Timothy)
	Request

11	Filed: 12/29/2017, Entered: 12/29/2017
	MINUTE entry before the Honorable Amy J. St. Eve: Initial status hearing set for 1/11/18 at 8:30 a.m. in courtroom 1241. Parties shall refer to Judge St. Eve's web page at www.ilnd.uscourts.gov and file a Rule 26(f) Initial Status Report by 1/8/18 as set forth in the Rule 26(f) Report procedure. Mailed notice (kef, )
	Request

10	Filed: 12/28/2017, Entered: 12/28/2017
	ATTORNEY Appearance for Plaintiff Mary Cienkus by William J. Burke (Burke, William)
	Request

9	Filed: 12/27/2017, Entered: 12/27/2017
	ATTORNEY Appearance for Defendant Material Handling Systems Inc. by Timothy Michael Palumbo (Palumbo, Timothy)
	Request

8	Filed: 12/27/2017, Entered: 12/27/2017
	NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ags, )
	Request

Save 25% on a pre-paid one year subscription.

7	Filed: 12/27/2017, Entered: 12/27/2017
	MAILED Notice of Removal letter to counsel of record. (ags, )
	Request

	Filed: 12/27/2017, Entered: 12/27/2017
	CASE ASSIGNED to the Honorable Amy J. St. Eve. Designated as Magistrate Judge the Honorable Jeffrey Cole. (nsf, )


6	Filed: 12/26/2017, Entered: 12/26/2017
	Rule 7.1 Corporate Disclosure Statement by United Parcel Service Inc. (Bentivenga, Scott)
	Request

5	Filed: 12/26/2017, Entered: 12/26/2017
	ATTORNEY Appearance for Defendant United Parcel Service Inc. by Joseph Michael Mitchell (Mitchell, Joseph)
	Request

4	Filed: 12/26/2017, Entered: 12/26/2017
	ATTORNEY Appearance for Defendant United Parcel Service Inc. by Michael Sean Haggerty (Haggerty, Michael)
	Request

3	Filed: 12/26/2017, Entered: 12/26/2017
	ATTORNEY Appearance for Defendant United Parcel Service Inc. by Scott C. Bentivenga (Bentivenga, Scott)
	Request

2	Filed: 12/26/2017, Entered: 12/26/2017
	CIVIL Cover Sheet (Bentivenga, Scott)
	Request

1	Filed: 12/26/2017, Entered: 12/26/2017
	NOTICE of Removal from Circuit Court of Cook County, case number (17 L 11605) filed by United Parcel Service Inc. Filing fee $ 400, receipt number 0752-13944176. Joint Notice of Removal (Attachments: # 1 Exhibit 1)(Bentivenga, Scott)
	Request