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Filed: 1/24/2017, Entered: None |
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SUMMONS Issued as to Defendants Randy Bratcher, GOJET Airlines, LLC, Trans States Holdings, inc. (pg, )
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Filed: 12/1/2016, Entered: None |
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CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Sheila Finnegan. (jn, )
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| 60 |
Filed: 9/6/2018, Entered: 9/6/2018 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Pursuant to the parties agreed stipulation of dismissal 59 , this case is dismissed with prejudice with each side to bear its own costs and attorneys' fees. Status hearing set on 10/15/2018 is cancelled. Civil case terminated. Mailed notice (sxw, )
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| 59 |
Filed: 9/6/2018, Entered: 9/6/2018 |
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STIPULATION of Dismissal (Friedman, Josh)
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Request |
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| 58 |
Filed: 8/29/2018, Entered: 8/30/2018 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Settlement conference held on 8/29/2018. The parties reached a settlement agreement. Counsel shall promptly prepare and execute settlement documents, and file a stipulation to dismiss after settlement funds have been paid. Telephone status is set for 10/15/2018 at 9:15 a.m. in the event that the case has not been dismissed by then. To join the telephone status hearing, dial (877) 336-1831, Access code is 5995354, Press #.Mailed notice (sxw, )
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| 57 |
Filed: 6/6/2018, Entered: 6/6/2018 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Settlement Conference set for 8/29/2018 at 1:30 p.m. at the request of the parties. Plaintiff's counsel is to provide a settlement letter to defense counsel by 8/8/2018. Defense counsel is to provide a responsive letter to plaintiff's counsel by 8/22/2018. Each party is to provide its letter to Judge Finnegan (by e-mail to Chambers_Finnegan@ilnd.uscourts.gov) on the same day that the letter is sent to opposing counsel. The parties are directed to review and comply with Judge Finnegan's Standing Order for Settlement Conferences (available on the court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge Finnegan and then the link for "Settlement Conferences"). Mailed notice (sxw, )
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| 56 |
Filed: 5/17/2018, Entered: 5/17/2018 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Motion hearing held 5/17/2018 regarding Plaintiff's Motion to Reinstate 54 . According to the motion, "Plaintiff has elected to waive the claims the Court ordered to be arbitrated and requests that this Court reinstate only the stayed claims and permit this litigation to move forward in this forum." ( 54 , Paragraph 2). As the Court explained during the hearing, however, the motion incorrectly asserts that the Court previously stayed (rather than referring for arbitration) Plaintiff's "claim under the ADA for Defendant's failure to accommodate him," and therefore seeks to reinstate that claim without arbitration. (Id. at Paragraph 1). The Court's prior Orders consistently made clear that "Plaintiff's claims that Defendants violated the ADA and FMLA by refusing to grant him a modified flying schedule (the 'interference' and 'failure to accommodate' claims) and refusing to return him to work (the 'return-to-work' claim) are subject to mandatory arbitration under the RLA." ( 53 , at 2-3, 6; 44 , at 24). Plaintiff's request to reinstate without arbitration one of the claims the Court referred for arbitration (Plaintiff's "claim under the ADA for Defendant's failure to accommodate him") is therefore denied. As the Court also explained, Plaintiff's motion otherwise fails to articulate specifically which claims Plaintiff seeks to reinstate; and to the extent Plaintiff seeks to dismiss (or as the motion explains, "waive") any claims in order to prosecute other claims without arbitration, he is required to file a motion seeking leave to amend pursuant to Fed. R. Civ. P. 15(a). See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015) (request to drop certain claims while pursuing others must be decided under Rule 15). Accordingly, Plaintiff's Motion to Reinstate 54 is denied in its entirety. The parties are directed to meet and confer regarding any motion for leave to amend to be filed by Plaintiff, and for Plaintiff to identify and recite in such a motion: (1) the specific claims he seeks to retain in the case and reinstate without arbitration, (2) whether he asserts any rights under the Collective Bargaining Agreement ("CBA") with respect to such claims, and (3) whether he disputes Defendants' assertion of any rights under the CBA with respect to such claims. To the extent Plaintiff seeks to retain any claims that this Court previously referred for arbitration, the Court's prior Orders requiring arbitration of such claims ( 44 and 53 ) continue in full force and effect. To the extent the parties seek to schedule a settlement conference, they should jointly contact the Courtroom Deputy, Mr. Scott White (312-408-5110), to request a settlement conference to be scheduled before another magistrate judge at the earliest possible time. Mailed notice (sxw, )
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| 55 |
Filed: 5/8/2018, Entered: 5/8/2018 |
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NOTICE of Motion by Josh Michael Friedman for presentment of motion to reopen case 54 before Honorable Sheila M. Finnegan on 5/17/2018 at 09:15 AM. (Friedman, Josh)
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| 54 |
Filed: 5/8/2018, Entered: 5/8/2018 |
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MOTION by Plaintiff 45969FD to reopen case (Friedman, Josh)
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| 53 |
Filed: 4/3/2018, Entered: 4/3/2018 |
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ORDER signed by the Honorable Sheila M. Finnegan on 4/3/2018.Mailed notice(sxw, )
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| 52 |
Filed: 4/3/2018, Entered: 4/3/2018 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Plaintiff's Motion to Certify Order of January 11, 2018 and to Stay Arbitration Proceedings 45 is denied for the reasons stated in the 4/3/2018 Order entered separately.Mailed notice (sxw, )
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| 51 |
Filed: 3/9/2018, Entered: 3/9/2018 |
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REPLY by 45969FD to memorandum in opposition to motion 50 (Friedman, Josh)
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| 50 |
Filed: 2/23/2018, Entered: 2/23/2018 |
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MEMORANDUM by BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. in Opposition to motion for certificate of appealability 45 (Harrison, Rodney)
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| 49 |
Filed: 2/15/2018, Entered: 2/15/2018 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Telephone motion hearing held 2/15/2018. Plaintiff's Motion to Certify January 11, 2018 Order for Interlocutory Appeal and Stay Arbitration Proceedings 45 shall be briefed as follows: Defendants' response is limited to ten pages and due by 2/23/2018; Plaintiff's reply is limited to 5 pages and due by 3/9/2018. The Court will rule by mail.Mailed notice (sxw, )
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| 48 |
Filed: 2/14/2018, Entered: 2/14/2018 |
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MINUTE entry before the Honorable Sheila M. Finnegan: The hearing set on 2/15/2018 at 9:15 a.m. will be held by telephone. To join the telephone hearing, dial (877) 336-1831, Access code is 5995354, Press #.Mailed notice (sxw, )
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| 47 |
Filed: 2/8/2018, Entered: 2/8/2018 |
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NOTICE of Motion by Josh Michael Friedman for presentment of motion for certificate of appealability 45 before Honorable Sheila M. Finnegan on 2/15/2018 at 09:15 AM. (Friedman, Josh)
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| 46 |
Filed: 2/8/2018, Entered: 2/8/2018 |
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MEMORANDUM by 45969FD in support of motion for certificate of appealability 45 (Friedman, Josh)
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| 45 |
Filed: 2/8/2018, Entered: 2/8/2018 |
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MOTION by Plaintiff 45969FD for certificate of appealability (Friedman, Josh)
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 44 |
Filed: 1/11/2018, Entered: 1/11/2018 |
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MEMORANDUM Opinion and Order signed by the Honorable Sheila M. Finnegan on 1/11/2018. Mailed notice(sxw, )
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| 43 |
Filed: 1/11/2018, Entered: 1/11/2018 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Defendants' Motion for Summary Judgment 40 is granted in part and denied in part on the terms stated in the January 11, 2018 Memorandum Opinion and Order entered separately. Plaintiff's claims alleging that Defendants violated the Family Medical Leave Act and Americans with Disabilities Act by refusing his request for a modified flying schedule from August 2014 thru August 2015, and violated the FMLA by refusing to return him to work when requested, are ordered to be submitted to mandatory arbitration under the Railway Labor Act. This case is stayed pending completion of the foregoing ordered arbitration. The parties are directed to file a joint status report within 30 days of the completion of all required arbitration proceedings, stating their respective positions regarding the scope and scheduling of further proceedings in this action. Enter Memorandum Opinion and Order.Mailed notice (sxw, )
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| 42 |
Filed: 9/29/2017, Entered: 9/29/2017 |
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RESPONSE by Josh Vanslyckin Opposition to MOTION by Defendants BB12950, Trans States Holdings, inc., GOJET Airlines, LLC for summary judgment 40 (Friedman, Josh)
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| 41 |
Filed: 9/14/2017, Entered: 9/14/2017 |
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SUPPLEMENT to motion for summary judgment 40 Memorandum In Support of Their Motion For Summary Judgment (Harrison, Rodney)
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| 40 |
Filed: 9/14/2017, Entered: 9/14/2017 |
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MOTION by Defendants BB12950, Trans States Holdings, inc., GOJET Airlines, LLC for summary judgment (Harrison, Rodney)
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| 39 |
Filed: 8/25/2017, Entered: 8/25/2017 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Telephone status hearing held 8/25/2017. For the reasons explained on the record, each side shall file a supplemental brief no longer than 10 pages in length in connection with Defendants' request for summary judgment addressing whether the claims brought by Plaintiff in this action that Defendants have not contended are precluded under the Railway Labor Act should be (1) arbitrated or (2) stayed. Defendants shall file their supplemental brief by 9/15/2017, and Plaintiff shall file his response by 9/29/2017. With their supplemental brief, Defendants shall also file a brief (one-page) formal motion for summary judgment under Fed. R. Civ. P. 56 identifying the briefs that they have filed and are filing in support of that motion. Defendants' prior motion to dismiss 18 is denied as moot in view of the current summary judgment proceedings.Mailed notice (sxw, )
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| 38 |
Filed: 8/25/2017, Entered: 8/25/2017 |
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MINUTE entry before the Honorable Sheila M. Finnegan: All parties having confirmed their availability, a telephone status is set for today, 8/25/2017, at 1:15 p.m. To join the telephone status hearing, dial (877) 336-1831, Access code is 5995354, Press #. Mailed notice (sxw, )
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| 37 |
Filed: 7/5/2017, Entered: 7/5/2017 |
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REPLY by Defendants BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. to motion to dismiss 18 In Support of Their Motion for Summary Judgment (Attachments: # 1 Exhibit A - Supplemental Declaration of Tracey Ryan, # 2 Exhibit B - Supplemental Declaration of Captain Randy L. BB12950)(Harrison, Rodney)
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| 36 |
Filed: 6/20/2017, Entered: 6/20/2017 |
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RESPONSE by Josh Vanslyckin Opposition to MOTION by Defendants BB12950, Trans States Holdings, inc., GOJET Airlines, LLC to dismiss Plaintiff's First Amended Complaint 18 (Attachments: # 1 Exhibit A)(Friedman, Josh)
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| 35 |
Filed: 5/19/2017, Entered: 5/19/2017 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Telephone status hearing held on 5/19/2017. In light of the order dated 5/16/2017 converting motion to dismiss to a motion for summary judgment 32 , Plaintiff's unopposed oral motion to extend the briefing schedule is granted. Plaintiff's supplemental response in opposition to the motion shall be due by 6/20/2017, and Defendant's supplemental reply brief in support of the motion shall be due by 7/5/2017. The parties are not required to file a formal 56.1 statement but, may file a supporting affidavit with their respective briefs.Mailed notice (sxw, )
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| 34 |
Filed: 5/17/2017, Entered: 5/17/2017 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status is set on 5/19/2017 at 11:30 a.m. To join the telephone status hearing, dial (877) 336-1831, Access code is 5995354, Press #.Mailed notice (sxw, )
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| 33 |
Filed: 5/16/2017, Entered: 5/16/2017 |
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ORDER signed by the Honorable Sheila M. Finnegan on 5/16/2017.Mailed notice(sxw, )
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| 32 |
Filed: 5/16/2017, Entered: 5/16/2017 |
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MINUTE entry before the Honorable Sheila M. Finnegan: Having considered the parties' respective submissions filed in connection with Defendants' Motion to Dismiss 18 , pursuant to Fed. R. Civ. P. 12(d), Defendants' motion to dismiss is converted to a motion for summary judgment under Fed. R. Civ. P. 56, and each side is allowed a supplemental brief in connection with the motion. Plaintiff is allowed a supplemental response in opposition to the motion which shall be due by 6/6/2017, and Defendants are allowed a supplemental reply brief in support of the motion which shall be due by 6/20/2017. [See Order for details]Mailed notice (sxw, )
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| 31 |
Filed: 4/17/2017, Entered: 4/17/2017 |
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REPLY by BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. to MOTION by Defendants BB12950, Trans States Holdings, inc., GOJET Airlines, LLC to dismiss Plaintiff's First Amended Complaint 18 in Support of (Harrison, Rodney)
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| 30 |
Filed: 3/29/2017, Entered: 3/29/2017 |
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RESPONSE by Josh Vanslyckin Opposition to MOTION by Defendants BB12950, Trans States Holdings, inc., GOJET Airlines, LLC to dismiss Plaintiff's First Amended Complaint 18 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Friedman, Josh)
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| 29 |
Filed: 3/14/2017, Entered: 3/14/2017 |
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ATTORNEY Appearance for Defendants BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. by Leslie Ellen Cavender (Cavender, Leslie)
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| 28 |
Filed: 3/14/2017, Entered: 3/14/2017 |
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ATTORNEY Appearance for Defendant BB12950 by David J.A. Hayes, III (Hayes, David)
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Filed: 3/3/2017, Entered: 3/3/2017 |
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SEALED EXHIBIT by Defendants BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. Exhibit 1 to Defendants' Memo in Support of Motion to Dismiss regarding memorandum in support of motion, 19 (Harrison, Rodney)
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| 26 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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MINUTE entry before the Honorable Sheila M. Finnegan:By agreement of the parties, the Court enters the following briefing schedule on Defendants' Motion to Dismiss 18 : Plaintiff's response shall be filed by 3/29/2017 and Defendant's Reply shall be filed 4/19/2017.Mailed notice. (rbf, )
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| 25 |
Filed: 3/3/2017, Entered: 3/3/2017 |
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MINUTE entry before the Honorable Sheila M. Finnegan:This case has been reassigned to Magistrate Judge Finnegan. Defendants' Motion to File Under Seal 15 is granted. Defendants shall file the declaration exhibit to their Memorandum in Support of their Motion to Dismiss under seal forthwith. Mailed notice. (rbf, )
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| 24 |
Filed: 2/28/2017, Entered: 2/28/2017 |
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ORDER REASSIGNING Case to the Honorable Sheila M. Finnegan, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Signed by Honorable Joan B. Gottschall on 2/28/17. (aee, )
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| 23 |
Filed: 2/28/2017, Entered: 2/28/2017 |
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MINUTE entry before the Honorable Joan B. Gottschall: In light of the parties' consent to the exercise of jurisdiction by Magistrate Judge Finnegan 22 , the notice of presentment dates set before Judge Gottschall on 3/1/17 are stricken, as well as the 3/10/17 initial status hearing. No appearance required. Mailed notice (mjc, )
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| 22 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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Consent to Exercise of Jurisdiction by a United States Magistrate Judge by BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. (Hayes, John)
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| 21 |
Filed: 2/27/2017, Entered: 2/27/2017 |
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ATTORNEY Appearance for Defendant BB12950 by John Lawrence Hayes (Hayes, John)
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| 20 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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NOTICE of Motion by Rodney A. Harrison for presentment of motion to dismiss 18 before Honorable Joan B. Gottschall on 3/1/2017 at 09:30 AM. (Harrison, Rodney)
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| 19 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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MEMORANDUM by BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. in support of motion to dismiss 18 (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit B, # 5 Exhibit 1, # 6 Exhibit C)(Harrison, Rodney)
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| 18 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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MOTION by Defendants BB12950, Trans States Holdings, inc., GOJET Airlines, LLC to dismiss Plaintiff's First Amended Complaint (Harrison, Rodney)
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| 17 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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NOTICE of Motion by Rodney A. Harrison for presentment of motion to seal 15 before Honorable Joan B. Gottschall on 3/1/2017 at 09:30 AM. (Harrison, Rodney)
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| 16 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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SEALED DOCUMENT by Defendants BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. (Harrison, Rodney)
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| 15 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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MOTION by Defendants BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. to seal (Harrison, Rodney)
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| 14 |
Filed: 2/21/2017, Entered: 2/21/2017 |
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ATTORNEY Appearance for Defendant BB12950 by Rodney A. Harrison (Harrison, Rodney)
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| 13 |
Filed: 2/17/2017, Entered: 2/17/2017 |
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ATTORNEY Appearance for Defendants GOJET Airlines, LLC, Trans States Holdings, inc. by David J.A. Hayes, III (Hayes, David)
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| Save 25% on a pre-paid one year subscription. |
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| 12 |
Filed: 2/9/2017, Entered: 2/9/2017 |
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ATTORNEY Appearance for Defendants GOJET Airlines, LLC, Trans States Holdings, inc. by Rodney A. Harrison (Harrison, Rodney)
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| 11 |
Filed: 2/8/2017, Entered: 2/8/2017 |
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SUMMONS Returned Executed by 45969FD as to Trans States Holdings, inc. on 1/31/2017, answer due 2/21/2017. (Friedman, Josh)
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| 10 |
Filed: 2/8/2017, Entered: 2/8/2017 |
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SUMMONS Returned Executed by 45969FD as to GOJET Airlines, LLC on 1/31/2017, answer due 2/21/2017. (Friedman, Josh)
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| 9 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by GOJET Airlines, LLC Corporate Disclosure Statement (Hayes, John)
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Filed: 2/6/2017, Entered: 2/6/2017 |
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NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Trans States Holdings, inc. Corporate Disclosure Statement (Hayes, John)
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| 7 |
Filed: 2/6/2017, Entered: 2/6/2017 |
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ATTORNEY Appearance for Defendants GOJET Airlines, LLC, Trans States Holdings, inc. by John Lawrence Hayes (Hayes, John)
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Filed: 2/3/2017, Entered: 2/3/2017 |
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MINUTE entry before the Honorable Joan B. Gottschall: Per the court's order dated 12/5/16, plaintiff telephonically informed the courtroom deputy that defendants have not been served. Status hearing set for 2/8/17 is stricken and reset to 3/10/17 at 9:30 a.m. Mailed notice (mjc, )
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| 5 |
Filed: 1/24/2017, Entered: 1/24/2017 |
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AMENDED complaint by 45969FD against All Defendants (Attachments: # 1 Exhibit A)(Friedman, Josh)
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Filed: 1/24/2017, Entered: 1/24/2017 |
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SUMMONS Issued as to Defendants BB12950, GOJET Airlines, LLC, Trans States Holdings, inc. (pg, )
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| 4 |
Filed: 12/5/2016, Entered: 12/5/2016 |
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ORDER: Status hearing set for 2/8/2017 at 9:30 AM in Courtroom 2325. If, by the date of the scheduled status hearing, defendant has not been served, plaintiff should call the courtroom deputy (312-435-5641) to request a new status date. No status hearing should be held until all defendants have been served. Plaintiff is directed to advise the defendants of the status hearing forthwith. Pursuant to LR 5.2(f), a stapled and/or bound paper copy of all electronically filed pleadings, including the complaint, must be delivered to chambers (2356) within one business day of filing. Noncompliance with LR 5.2(f) will result in the imposition of a $200.00 fine payable to the Clerk of the Court, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604. Parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 12/5/2016. Mailed notice(mjc, )
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| 3 |
Filed: 12/1/2016, Entered: 12/1/2016 |
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ATTORNEY Appearance for Plaintiff 45969FD by Josh Michael Friedman (Friedman, Josh)
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Filed: 12/1/2016, Entered: 12/1/2016 |
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CIVIL Cover Sheet (Friedman, Josh)
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| 1 |
Filed: 12/1/2016, Entered: 12/1/2016 |
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COMPLAINT filed by 45969FD; Jury Demand. Filing fee $ 400, receipt number 0752-12618098.(Friedman, Josh)
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Update
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