| Save 25% on a pre-paid one year subscription. |
|
|
 360 |
Filed: 5/2/2017, Entered: None |
Unknown Document Type |
|
RESPONSE to 347 Order, Set Deadlines,,,,,, Regarding Dismissal of Relator's Claims Under Federal Workers' Compensation Programs and Kmart's Motion for Partial Summary Judgment of Such Claims filed by James Garbe. (King, Robert) (Entered: 05/02/2017)
|
|
 Request |
 |
|
|
| 359 |
Filed: 5/1/2017, Entered: None |
Unknown Document Type |
|
AMENDED COMPLAINT (THIRD AMENDED COMPLAINT) against Kmart Corporation, filed by James Garbe.(Zigler, Aaron) (Entered: 05/01/2017)
|
|
|
|
|
|
| 358 |
Filed: 5/1/2017, Entered: None |
Unknown Document Type |
|
RESPONSE to 347 Order, Set Deadlines,,,,,, Regarding Dismissal of Relators Claims Under the Federal Workers Compensation Programs and Kmarts Motion for Summary Judgment of Such Claims filed by Kmart Corporation. (O'Neil, Catherine) (Entered: 05/01/2017)
|
|
Request |
|
|
|
| 357 |
Filed: 4/27/2017, Entered: None |
Unknown Document Type |
|
ORDER granting 356 Motion to Withdraw as Attorney. Attorney David E. Meadows terminated. Signed by Magistrate Judge Reona J. Daly on 4/27/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/27/2017)
|
|
Request |
|
|
|
| 356 |
Filed: 4/25/2017, Entered: None |
Unknown Document Type |
|
MOTION to Withdraw as Attorney and Terminate ECF Notification for David E. Meadows by Kmart Corporation. (O'Neil, Catherine) (Entered: 04/25/2017)
|
|
Request |
|
|
|
| 355 |
Filed: 4/25/2017, Entered: None |
Unknown Document Type |
|
MOTION for Entry of Judgment under Rule 54(b) by James Garbe. (Zigler, Aaron) (Entered: 04/25/2017)
|
|
Request |
|
|
|
 354 |
Filed: 4/24/2017, Entered: None |
Unknown Document Type |
|
Sealed Document. (Attachments: # 1 Exhibit Kmart's Supp. Response to 2nd Set of Interrogatories, # 2 Exhibit Mar. 21, 2006 Corr. from C. Clemens to D. Smith, # 3 Exhibit NCPDP Telecommunication Version 5 Questions, Answers And Editorial Updates, # 4 Tricare Contract, ESI0000000028 Part 1, # 5 Tricare Contract, ESI0000000028 Part 2, # 6 1994 Kmart-ESI Contract, ESI0000000027, # 7 2010 Kmart-ESI Contract, ESI0000000026, # 8 Express Scripts Network Provider Manual (2010), # 9 Medco 2009 Schedule A, # 10 Medco 2012 Schedule A, # 11 Medco Pharmacy Services Manual 2007/2008 Part 1, # 12 Medco Pharmacy Services Manual 2007/2008 Part 2, # 13 Caremark 2004 Participating Pharmacy Agreement, # 14 Caremark Provider Manual Part 1, # 15 Caremark Provider Manual Part 2, # 16 Caremark Provider Manual Part 3, # 17 Caremark Provider Manual Part 4, # 18 Cataylst RX 2009 Pharmacy Provider Agreement, # 19 Prime Therapeutics 2001 Advantage Pharmacy Agreement Part 1, # 20 Prime Therapeutics 2001 Advantage Pharmacy Agreement Part 2, # 21 Kmart KMP Presentation, # 22 Kmart's Supp. Response to 4th Set of Interrogatories, # 23 May 20, 2014 Letter from C. ONeal to Judge Frazier, # 24 Kmart's Supp. Rule 26(a)(1) Disclosures, # 25 Depo Tr. of Dale Purvis, # 26 20.Depo Tr. of Robin Michel, # 27 Aug. 7, 2008 Corr. from C. Worrall to D. Purvis, # 28 Aug. 8, 2008 Corr. from D. Purvis to R. Wilson, # 29 Depo Tr. of Robert Duggan, # 30 Depo Tr. of Jayson Dukes, # 31 Medco Payor Sheet 2006, # 32 Appendix to the Report of Dr. Joel Hay, # 33 Kmarts Privilege Log)(Zigler, Aaron) (Entered: 04/25/2017)
|
|
|
|
|
|
| 353 |
Filed: 4/24/2017, Entered: None |
Unknown Document Type |
|
MOTION for Partial Summary Judgment on Scienter and Incorporated Memorandum of Law by James Garbe. Responses due by 5/30/2017 (King, Robert) (Entered: 04/24/2017)
|
|
|
|
|
|
| 352 |
Filed: 4/24/2017, Entered: None |
Unknown Document Type |
|
MOTION for Partial Summary Judgment on Materiality and Incorporated Memorandum of Law by James Garbe. Responses due by 5/30/2017 (King, Robert) (Entered: 04/24/2017)
|
|
|
|
|
|
| 351 |
Filed: 4/24/2017, Entered: None |
Unknown Document Type |
|
MOTION for Partial Summary Judgment on Falsity and Incorporated Memorandum of Law by James Garbe. Responses due by 5/30/2017 (Zigler, Aaron) (Entered: 04/24/2017)
|
|
|
|
|
|
| 350 |
Filed: 4/24/2017, Entered: None |
Unknown Document Type |
|
Sealed Document (O'Neil, Catherine) (Entered: 04/24/2017)
|
|
|
|
|
|
| 349 |
Filed: 4/24/2017, Entered: None |
Unknown Document Type |
|
MOTION for Partial Summary Judgment and Incorporated Memorandum of Law Regarding Relators California and Illinois State Insurance Law Allegations and Medicare Part D False Claims Act Allegations by Kmart Corporation. Responses due by 5/30/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(O'Neil, Catherine) (Entered: 04/24/2017)
|
|
Request |
|
|
|
| 348 |
Filed: 4/24/2017, Entered: None |
Unknown Document Type |
|
MOTION for Partial Summary Judgment and Incorporated Memorandum of Law Based on Relators Failure to Prove That the Government Sustained Damages by Kmart Corporation. Responses due by 5/30/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(O'Neil, Catherine) (Entered: 04/24/2017)
|
|
Request |
|
|
|
| 347 |
Filed: 4/24/2017, Entered: None |
Unknown Document Type |
|
ORDER: The parties have filed a stipulation of dismissal under Rule 41(a)(1)(A)(ii), seeking to dismiss claims based on the Federal Workers' Compensation programs from this action. The Seventh Circuit, however, has held that Rule 41(a) can only be used to dismiss an entire action. See Taylor v. Brown, 787 F.3d 851, 857 (7th Cir. 2015). Individual claims can only be dropped from a lawsuit through an amended complaint. Id. Plaintiffs are granted leave to file a third amended complaint under Rule 15(a)(2). Upon review, the Court notes that dismissal of such claims will likely render the pending 344 Motion for Summary Judgment moot and, if so, Defendant should indicate as much by filing a Motion to Withdraw the Motion for Partial Summary Judgment. Third Amended Complaint and Motion to Withdraw are due on or before May 1, 2017. Signed by Judge Nancy J. Rosenstengel on 4/24/2017. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/24/2017)
|
|
Request |
|
|
|
| 346 |
Filed: 4/24/2017, Entered: None |
Unknown Document Type |
|
NOTICE REGARDING FILING re 345 Stipulation of Dismissal filed by James Garbe. A document requiring multiple signatures should have "with consent" following the name of the non-filing signatory. NOTICE REGARDING FILING for informational purpose only. No further action required by the filer. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/24/2017)
|
|
Request |
|
|
|
| 345 |
Filed: 4/21/2017, Entered: None |
Unknown Document Type |
|
STIPULATION of Dismissal of Federal Worker's Compensation Claim by James Garbe. (Zigler, Aaron) (Entered: 04/21/2017)
|
|
|
|
|
|
| 344 |
Filed: 4/21/2017, Entered: None |
Unknown Document Type |
|
MOTION for Partial Summary Judgment and Incorporated Memorandum of Law Regarding Relators Department of Labor Workers Compensation Claims by Kmart Corporation. Responses due by 5/25/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(O'Neil, Catherine) (Entered: 04/21/2017)
|
|
Request |
|
|
|
| 343 |
Filed: 4/10/2017, Entered: None |
Unknown Document Type |
|
Transcript of STATUS CONFERENCE held on 04/04/2017, before Judge Nancy J. Rosenstengel. Court Reporter Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/1/2017. Redacted Transcript Deadline set for 5/11/2017. Release of Transcript Restriction set for 7/10/2017. (mnc) (Entered: 04/10/2017)
|
|
Request |
|
|
|
| 342 |
Filed: 4/4/2017, Entered: None |
Unknown Document Type |
|
Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Status Conference held on 4/4/2017. Counsel participating in the call: Aaron Zigler, Peter Rocque, Bob King, Larry Zoglin, Steve Tillery and Jerry Burke for plaintiffs. Catherine O'Neill and Chris Burris for defendant. The parties advised the Court of the status of this matter. The parties agreed to set the following schedule: summary judgment motions due by April 24, 2017; responses due by May 15, 2017; and replies due by May 25, 2017. (Court Reporter Molly Clayton.) (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/04/2017)
|
|
Request |
|
|
|
| 341 |
Filed: 3/30/2017, Entered: None |
Unknown Document Type |
|
NOTICE of Hearing: Telephonic Status Conference set for 4/4/2017 at 1:30 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Following is the information to participate in the telephone conference: Call toll free 888-684-8852; when prompted enter Access Code 4904233; and when prompted again enter Security Code 9342.(drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/30/2017)
|
|
Request |
|
|
|
| 340 |
Filed: 3/15/2017, Entered: None |
Unknown Document Type |
|
ORDER granting 339 Motion to Withdraw as Attorney. Attorney Coleen Schoch terminated. Signed by Magistrate Judge Reona J. Daly on 3/15/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/15/2017)
|
|
Request |
|
|
|
| 339 |
Filed: 3/8/2017, Entered: None |
Unknown Document Type |
|
MOTION to Withdraw as Attorney and Terminate ECF Notification for Coleen P. Schoch by Kmart Corporation. (O'Neil, Catherine) (Entered: 03/08/2017)
|
|
Request |
|
|
|
| 338 |
Filed: 2/13/2017, Entered: None |
Unknown Document Type |
|
Redacted Transcript of Doc. 331 , MOTION HEARING held 10/06/2016 Transcript. (mnc) (Entered: 02/13/2017)
|
|
Request |
|
|
|
| 337 |
Filed: 2/13/2017, Entered: None |
Unknown Document Type |
|
ORDER re 336 Transcript Redaction Request filed by Kmart Corporation. Pursuant to Federal Rule of Civil Procedure 5.2(e), a request for a redaction of "additional information" not explicitly referenced in Rule 5.2(a)(1)-(4), requires leave of court. Accordingly, the Court CONSTRUES the 336 Transcript Redaction Request as a Motion for Redaction and, for good cause shown, GRANTS the 336 motion. Additionally, the Court notes that the caption of the filing reads the incorrect case number of "No. 12-88-NJR-RJD." The Court presumes this is a typographical error as the correct case number is No. 12-881-NJR-RJD. Signed by Judge Nancy J. Rosenstengel on 2/13/2017. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/13/2017)
|
|
Request |
|
|
|
| 336 |
Filed: 2/10/2017, Entered: None |
Unknown Document Type |
|
Transcript Redaction Request re 331 Transcript,,,, by attorney Catherine M. O'Neil. (O'Neil, Catherine) (Entered: 02/10/2017)
|
|
Request |
|
|
|
| 335 |
Filed: 2/7/2017, Entered: None |
Unknown Document Type |
|
ORDER granting 334 Motion to Withdraw as Attorney. Attorney Kristen A. Lynn terminated. Signed by Magistrate Judge Reona J. Daly on 2/7/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/07/2017)
|
|
Request |
|
|
|
| 334 |
Filed: 2/6/2017, Entered: None |
Unknown Document Type |
|
MOTION to Withdraw as Attorney and Terminate ECF Notification for Kristen A. Lynn by Kmart Corporation. (O'Neil, Catherine) (Entered: 02/06/2017)
|
|
Request |
|
|
|
| 333 |
Filed: 2/3/2017, Entered: None |
Unknown Document Type |
|
NOTICE OF ERRORS AND/OR DEFICIENCIES re 332 Notice (Other) filed by Kmart Corporation. Incorrect event selected. Select the event that most closely matches the document being filed. For this document, the correct event is "Notice of Intent to Request Redaction" under the heading "Other Filings/ Notices". Docket text modified to reflect the correct document. No further action required by the filer.(trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 02/03/2017)
|
|
Request |
|
|
|
| 332 |
Filed: 2/2/2017, Entered: None |
Unknown Document Type |
|
NOTICE Of Intent to Request Redaction by Kmart Corporation Pursuant to Transcript Policy (O'Neil, Catherine) Modified on 2/3/2017 (trb). (Entered: 02/02/2017)
|
|
Request |
|
|
|
| 331 |
Filed: 1/26/2017, Entered: None |
Unknown Document Type |
|
Transcript of MOTION HEARING held on 10/06/2016, before Judge Nancy J. Rosenstengel. Court Reporter Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/16/2017. Redacted Transcript Deadline set for 2/27/2017. Release of Transcript Restriction set for 4/26/2017. (mnc) (Entered: 01/26/2017)
|
|
Request |
|
|
|
| 330 |
Filed: 12/16/2016, Entered: None |
Unknown Document Type |
|
REPLY to Response to Motion re 322 MOTION to Exclude the Testimony of Kmart's Expert Dorothy DeAngelis filed by James Garbe. (King, Robert) (Entered: 12/16/2016)
|
|
Request |
|
|
|
| 329 |
Filed: 12/16/2016, Entered: None |
Unknown Document Type |
|
REPLY to Response to Motion re 323 MOTION to Exclude the Proffered Expert Testimony of Joel W. Hay Under Daubert and Incorporated Memorandum of Law filed by Kmart Corporation. (O'Neil, Catherine) (Entered: 12/16/2016)
|
|
Request |
|
|
|
| 328 |
Filed: 12/2/2016, Entered: None |
Unknown Document Type |
|
RESPONSE in Opposition re 323 MOTION to Exclude the Proffered Expert Testimony of Joel W. Hay Under Daubert and Incorporated Memorandum of Law filed by James Garbe. (Zigler, Aaron) (Entered: 12/02/2016)
|
|
Request |
|
|
|
| 327 |
Filed: 12/2/2016, Entered: None |
Unknown Document Type |
|
RESPONSE in Opposition re 322 MOTION to Exclude the Testimony of Kmart's Expert Dorothy DeAngelis filed by Kmart Corporation. (O'Neil, Catherine) (Entered: 12/02/2016)
|
|
Request |
|
|
|
| 326 |
Filed: 11/14/2016, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING 325 Joint Motion to Amend/Correct 312 Scheduling Order: Responses to the Daubert motions filed at Docs. 322 and 323 are now due on or before December 2, 2016. Reply briefs, if necessary, are due on or before December 16, 2016. Signed by Judge Nancy J. Rosenstengel on 11/14/2016. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/14/2016)
|
|
Request |
|
|
|
| 325 |
Filed: 11/10/2016, Entered: None |
Unknown Document Type |
|
Joint MOTION to Amend/Correct 312 Scheduling Order, by Kmart Corporation. (O'Neil, Catherine) (Entered: 11/10/2016)
|
|
Request |
|
|
|
| 324 |
Filed: 10/31/2016, Entered: None |
Unknown Document Type |
|
Sealed Document. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit H)(O'Neil, Catherine) (Entered: 10/31/2016)
|
|
|
|
|
|
| 323 |
Filed: 10/31/2016, Entered: None |
Unknown Document Type |
|
MOTION to Exclude the Proffered Expert Testimony of Joel W. Hay Under Daubert and Incorporated Memorandum of Law by Kmart Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(O'Neil, Catherine) (Entered: 10/31/2016)
|
|
Request |
|
|
|
| 322 |
Filed: 10/31/2016, Entered: None |
Unknown Document Type |
|
MOTION to Exclude the Testimony of Kmart's Expert Dorothy DeAngelis by James Garbe. (Attachments: # 1 Exhibit Expert Report of Dorothy DeAngelis, # 2 Exhibit Deposition of Dorothy DeAngelis)(King, Robert) (Entered: 10/31/2016)
|
|
Request |
|
|
|
| 321 |
Filed: 10/17/2016, Entered: None |
Unknown Document Type |
|
ORDER APPOINTING MEDIATOR. Signed by Judge Nancy J. Rosenstengel on 10/17/2016. (bak) (Entered: 10/17/2016)
|
|
Request |
|
|
|
| 320 |
Filed: 10/6/2016, Entered: None |
Unknown Document Type |
|
ORDER RESETTING TRIAL-RELATED DEADLINES. Signed by Judge Nancy J. Rosenstengel on 10/6/2016. (bak) (Entered: 10/06/2016)
|
|
Request |
|
|
|
| 319 |
Filed: 10/6/2016, Entered: None |
Unknown Document Type |
|
Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Motion Hearing held via telephone conference on 10/6/2016 re 314 Motion to Continue Trial Date and Related Deadlines filed by Kmart Corporation. Gerald Burke, Robert King, Stephen Tillery and Catherine O'Neil participated. After hearing from the parties, the Court GRANTS 314 Motion to Continue. Jury Trial is RESET to Monday, August 14, 2017 at 9:00 a.m. in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. The final pretrial conference is RESET to Thursday, July 27, 2017 at 9:00 a.m. Each side is instructed to prepare a list of names and qualifications of several mediators and send the lists ex parte via email to NJRpd@ilsd.uscourts.com by Noon on Friday, October 14, 2016. Order to follow regarding amended trial schedule. (Court Reporter Molly Clayton.) (drb) (Entered: 10/06/2016)
|
|
Request |
|
|
|
| 318 |
Filed: 10/6/2016, Entered: None |
Unknown Document Type |
|
ORDER granting 316 Motion to Appear Pro Hac Vice by Attorney Paul B. Murphy on behalf of Kmart Corporation. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/06/2016)
|
|
Request |
|
|
|
| 317 |
Filed: 10/5/2016, Entered: None |
Unknown Document Type |
|
NOTICE of Appearance by Paul B. Murphy on behalf of Kmart Corporation (Murphy, Paul) (Entered: 10/05/2016)
|
|
Request |
|
|
|
| 316 |
Filed: 10/5/2016, Entered: None |
Unknown Document Type |
|
MOTION to Appear Pro Hac Vice by Attorney Paul B. Murphy $200 fee paid,receipt number 0754-3055939 by on behalf of Kmart Corporation. (Murphy, Paul) (Entered: 10/05/2016)
|
|
Request |
|
|
|
| 315 |
Filed: 9/29/2016, Entered: None |
Unknown Document Type |
|
NOTICE of Telephonic Hearing on Motion 314 MOTION to Continue Trial Date and Related Deadlines : Motion Hearing set for 10/6/2016 at 10:30 AM via telephone conference before Judge Nancy J. Rosenstengel. Following is the information to participate in the telephone conference: Call toll free 888-684-8852; when prompted enter Access Code 4904233; and when prompted again enter Security Code 9342.(drb) (Entered: 09/29/2016)
|
|
Request |
|
|
|
| 314 |
Filed: 9/28/2016, Entered: None |
Unknown Document Type |
|
MOTION to Continue Trial Date and Related Deadlines by Kmart Corporation. (O'Neil, Catherine) (Entered: 09/28/2016)
|
|
Request |
|
|
|
| 313 |
Filed: 9/13/2016, Entered: None |
Unknown Document Type |
|
ADMINISTRATIVE ORDER 189 REASSIGNING CASE REFERRAL signed by Chief Judge Michael J. Reagan on 9/9/2016. Case referral reassigned to Magistrate Judge Reona J. Daly for all further proceedings. Case no longer referred to Magistrate Judge Philip M. Frazier. All future pleadings shall bear the case number 12-881-NJR-RJD.(msd)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/13/2016)
|
|
Request |
|
|
|
| 312 |
Filed: 9/2/2016, Entered: None |
Unknown Document Type |
|
AMENDED SCHEDULING ORDER. The amended scheduling order mirrors the "Memorandum of Agreement" that was submitted to the Court, except for one change. The deadline to submit proposed jury instructions has been moved up from January 9, 2017 to January 6, 2017. See attached. Signed by Magistrate Judge Philip M. Frazier on 9/2/16. (kos) (Entered: 09/02/2016)
|
|
Request |
|
|
|
| 311 |
Filed: 8/15/2016, Entered: None |
Unknown Document Type |
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order.Scheduling Conference held on 8/15/2016. See attached document for deadlines. (jlm) (Entered: 08/16/2016)
|
|
Request |
|
|
|
| 310 |
Filed: 8/8/2016, Entered: None |
Unknown Document Type |
|
ORDER granting 309 MOTION Schedule Case Management Conference. Scheduling Conference set for 8/15/2016 11:15 AM via telephone before Magistrate Judge Philip M. Frazier. To join the conference call, the parties should call 888-684-8852. The access code is 1026624. The security code is 99745. Lead counsel for the parties must participate in the conference call. Signed by Magistrate Judge Philip M. Frazier on 8/8/2016. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/08/2016)
|
|
Request |
|
|
|
| 309 |
Filed: 8/5/2016, Entered: None |
Unknown Document Type |
|
MOTION Schedule Case Management Conference by James Garbe. (Zigler, Aaron) (Entered: 08/05/2016)
|
|
Request |
|
|
|
| 308 |
Filed: 8/5/2016, Entered: None |
Unknown Document Type |
|
ORDER denying 263 Motion to Compel. Signed by Magistrate Judge Philip M. Frazier on 8/5/2016. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/05/2016)
|
|
Request |
|
|
|
| 307 |
Filed: 8/5/2016, Entered: None |
Unknown Document Type |
|
ORDER: The Court SETS this matter for a Final Pretrial Conference to take place on December 15, 2016 at 1:30 p.m. and Jury Trial to begin on January 9, 2017 at 9:00 a.m. The parties shall consult the undersigned District Judge's Case Management Procedures for any further clarification/trial information. Signed by Judge Nancy J. Rosenstengel on 8/5/16. (drb) (Entered: 08/05/2016)
|
|
Request |
|
|
|
| 306 |
Filed: 8/5/2016, Entered: None |
Unknown Document Type |
|
ORDER LIFTING STAY: On January 12, 2015, the Court certified the case for interlocutory appeal and stayed the matter "until the Court of Appeals for the Seventh Circuit resolves such appeal." (Doc. 280 ). In light of the mandate filed on July 26, 2016 (Doc. 305 ), the stay is LIFTED and the case will proceed to trial. Signed by Judge Nancy J. Rosenstengel on 8/5/16. (drb) (Entered: 08/05/2016)
|
|
Request |
|
|
|
| 305 |
Filed: 7/26/2016, Entered: None |
Unknown Document Type |
|
MANDATE of USCA as to 283 Notice of Appeal filed by Kmart Corporation, AFFIRMING in part and REVERSING in part, and REMANDING for proceedings consistent with the opinion. (Attachments: # 1 Certified Opinion, # 2 Final Judgment, # 3 Order Denying Rehearing)(anm) (Entered: 07/26/2016)
|
|
Request |
|
|
|
| 304 |
Filed: 12/7/2015, Entered: None |
Unknown Document Type |
|
Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Status Conference held on 12/7/2015. Aaron Zigler, Gerald Burke, Stephen Wigginton, Allie Pang, Nathan Stump, Larry Zoglin, Robert King, Stephen Tillery and Peter Rocque appeared on behalf of Plaintiffs. Catherine O'Neil, Christopher Burris and Jeffrey Greene appeared on behalf of Defendant. The parties advised the Court on the status of settlement discussions. (Court Reporter Molly Clayton.) (drb) (Entered: 12/07/2015)
|
|
Request |
|
|
|
| 303 |
Filed: 11/18/2015, Entered: None |
Unknown Document Type |
|
ORDER SETTING SETTLEMENT CONFERENCE: A Settlement Conference sis et for 12/7/2015 at 11:30 AM before Magistrate Judge Frazier in the Visiting Judge's Courtroom in the East St. Louis Courthouse. The settlement conference will take place shortly after Judge Rosenstengel's 10:30 AM status conference. All parties in attendance at Judge Rosenstengel's status conference will be required to attend the Settlement Conference. Signed by Magistrate Judge Philip M. Frazier on 11/18/2015. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/18/2015)
|
|
Request |
|
|
|
| 302 |
Filed: 11/16/2015, Entered: None |
Unknown Document Type |
|
ORDER SETTING STATUS CONFERENCE: Status Conference set for December 7, 2015 at 10:30 AM. Lead counsel for all parties shall attend in person. Signed by Judge Nancy J. Rosenstengel on 11/16/2015. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/16/2015)
|
|
Request |
|
|
|
| 301 |
Filed: 10/19/2015, Entered: None |
Unknown Document Type |
|
ORDER of USCA as to 283 Notice of Appeal filed by Kmart Corporation. (anm) (Entered: 10/19/2015)
|
|
Request |
|
|
|
| 300 |
Filed: 10/14/2015, Entered: None |
Unknown Document Type |
|
Acknowledgment of receipt of paper record on appeal filed. 1 vol. of pleadings; 1 vol. exhibits; 1 sealed envelope with doc. 238 on a CD. (slh) (Entered: 10/15/2015)
|
|
Request |
|
|
|
| 299 |
Filed: 10/8/2015, Entered: None |
Unknown Document Type |
|
Supplemental Record on Appeal transmitted to US Court of Appeals re 283 Notice of Appeal (trb) (Entered: 10/08/2015)
|
|
Request |
|
|
|
| 298 |
Filed: 10/8/2015, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING 295 Motion to Supplement and to Strike Certain Documents From The Record On Appeal filed by Kmart Corporation. The Clerk's Office is DIRECTED to file a Supplemental Record on Appeal. See Order for specifics. Signed by Judge Nancy J. Rosenstengel on 10/08/2015. (bak) (Entered: 10/08/2015)
|
|
Request |
|
|
|
| 297 |
Filed: 10/6/2015, Entered: None |
Unknown Document Type |
|
ORDER of USCA as to 283 Notice of Appeal filed by Kmart Corporation. (anm) (Entered: 10/06/2015)
|
|
Request |
|
|
|
| 296 |
Filed: 9/25/2015, Entered: None |
Unknown Document Type |
|
ORDER: Any response to the 295 Motion to Supplement and to Strike Certain Documents From The Record On Appeal is due on or before October 2, 2015. (Responses due by 10/2/2015). Signed by Judge Nancy J. Rosenstengel on 09/25/2015. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/25/2015)
|
|
Request |
|
|
|
| 295 |
Filed: 9/24/2015, Entered: None |
Unknown Document Type |
|
MOTION to Supplement and to Strike Certain Documents From The Record On Appeal by Kmart Corporation. (Attachments: # 1 Exhibit Attachment A)(O'Neil, Catherine) (Entered: 09/24/2015)
|
|
Request |
|
|
|
| 294 |
Filed: 9/11/2015, Entered: None |
Unknown Document Type |
|
Acknowledgment of receipt of Record on Appeal by USCA 7 re 283 Notice of Appeal. (Attachments: # 1 Transcripts Filed, # 2 Sealed Documents Filed)(anm) (Entered: 09/11/2015)
|
|
Request |
|
|
|
| 293 |
Filed: 9/1/2015, Entered: None |
Unknown Document Type |
|
Certified and Transmitted Record on Appeal to US Court of Appeals re 283 Notice of Appeal. (anm) (Entered: 09/01/2015)
|
|
Request |
|
|
|
| 292 |
Filed: 9/1/2015, Entered: None |
Unknown Document Type |
|
Request from USCA to transmit Record on Appeal re 283 Notice of Appeal. (anm) (Entered: 09/01/2015)
|
|
Request |
|
|
|
| 291 |
Filed: 4/20/2015, Entered: None |
Unknown Document Type |
|
NOTICE OF CANCELLATION: Due to this matter being stayed, the jury trial scheduled for April 28, 2015 is CANCELED. (drb) (Entered: 04/20/2015)
|
|
Request |
|
|
|
| 290 |
Filed: 3/9/2015, Entered: None |
Unknown Document Type |
|
USCA Case Number 15-1502 for 283 Notice of Appeal filed by Kmart Corporation. (Attachments: # 1 Notice of Case Opening)(mar) (Entered: 03/09/2015)
|
|
Request |
|
|
|
| 289 |
Filed: 3/9/2015, Entered: None |
Unknown Document Type |
|
TRANSCRIPT INFORMATION SHEET by Attorney/Pro Se Party (O'Neil, Catherine) (Entered: 03/09/2015)
|
|
Request |
|
|
|
| 288 |
Filed: 3/9/2015, Entered: None |
Unknown Document Type |
|
USCA Appeal Fees received $ 505 receipt number 34625055224 re 283 Notice of Appeal filed by Kmart Corporation (jlrr ) (Entered: 03/09/2015)
|
|
Request |
|
|
|
| 287 |
Filed: 2/26/2015, Entered: None |
Unknown Document Type |
|
EXHIBITS admitted at 9/30/14 evidentiary hearing re 251 Motion Hearing retained in chambers(msd) (Entered: 02/26/2015)
|
|
Request |
|
|
|
| 286 |
Filed: 2/24/2015, Entered: None |
Unknown Document Type |
|
Rule 10 Letter Appeal Record due to be prepared by 3/9/2015. (slh) (Entered: 02/24/2015)
|
|
Request |
|
|
|
| 285 |
Filed: 2/24/2015, Entered: None |
Unknown Document Type |
|
Transmission of Short Record to US Court of Appeals re 283 Notice of Appeal (slh) (Entered: 02/24/2015)
|
|
Request |
|
|
|
| 284 |
Filed: 2/23/2015, Entered: None |
Unknown Document Type |
|
ORDER of USCA granting Petition for Leave to Appeal as to 283 Notice of Appeal filed by Kmart Corporation (slh) (Entered: 02/24/2015)
|
|
Request |
|
|
|
| 283 |
Filed: 2/23/2015, Entered: None |
Unknown Document Type |
|
NOTICE OF APPEAL pursuant to USCA Order at Document 284 as to 280 Order, Terminate Motions,,,, by Kmart Corporation. (slh) (Entered: 02/24/2015)
|
|
Request |
|
|
|
| 282 |
Filed: 1/23/2015, Entered: None |
Unknown Document Type |
|
NOTICE from USCA 7 regarding Petition filed (Attachments: # 1 Petition for Permission to Appeal Docketed with USCA)(tkm ) (Entered: 01/23/2015)
|
|
Request |
|
|
|
| 281 |
Filed: 1/12/2015, Entered: None |
Unknown Document Type |
|
AMENDED ORDER, GRANTING in part and DENYING in part 204 MOTION for Partial Summary Judgment Based On Payers' Definitions Of Usual & Customary Price, DENYING 212 MOTION to Exclude the Proffered Expert Testimony Of Dale A. Chamberlain Under Daubert, DENYING 203 MOTION for Partial Summary Judgment Based On Claims In Other Than 90-Day Quantities, DENYING 205 MOTION for Partial Summary Judgment On Relator's Pre-FERA Claims Relating To Medicare Part D, and DENYING 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D. (This Order Amends the November 7, 2014 Order at Doc. 279 in order to add the § 1292(b) certification language). Signed by Judge Nancy J. Rosenstengel on 01/12/2015. (bak) (Entered: 01/12/2015)
|
|
Request |
|
|
|
| 280 |
Filed: 1/12/2015, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING 258 MOTION to Certify filed by Kmart Corporation. See Order for specifics. Because the Court finds that certification is appropriate, the Court will amend its November 7, 2014 Order to contain the § 1292(b) certification language. The Court STAYS this matter until the Court of Appeals for the Seventh Circuit resolves such appeal, including exercising its own discretion in deciding whether it will grant Kmart permission to appeal the interlocutory order on the three issues certified by this Court. Signed by Judge Nancy J. Rosenstengel on 01/12/2015. (bak) (Entered: 01/12/2015)
|
|
Request |
|
|
|
| 279 |
Filed: 11/7/2014, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING in part and DENYING in part 204 MOTION for Partial Summary Judgment Based On Payers' Definitions Of Usual & Customary Price, DENYING 212 MOTION to Exclude the Proffered Expert Testimony Of Dale A. Chamberlain Under Daubert, DENYING 203 MOTION for Partial Summary Judgment Based On Claims In Other Than 90-Day Quantities, DENYING 205 MOTION for Partial Summary Judgment On Relator's Pre-FERA Claims Relating To Medicare Part D, and DENYING 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D. Signed by Judge Nancy J. Rosenstengel on 11/7/14. (See Amended Order at Doc. 281 ) (drb) Modified on 1/12/2015 (drb). (Entered: 01/09/2015)
|
|
Request |
|
|
|
| 278 |
Filed: 1/9/2015, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING in part and DENYING in part 264 MOTION for Reconsideration re 257 Order filed by Kmart Corporation. The Court will VACATE the original November 7 Order and replace it with a revised order that will be filed nunc pro tunc November 7, 2014. Signed by Judge Nancy J. Rosenstengel on 1/9/2015. (bak) (Entered: 01/09/2015)
|
|
Request |
|
|
|
| 277 |
Filed: 1/5/2015, Entered: None |
Unknown Document Type |
|
RESPONSE to 271 Supplement filed by James Garbe. (Zigler, Aaron) (Entered: 01/05/2015)
|
|
Request |
|
|
|
| 276 |
Filed: 1/2/2015, Entered: None |
Unknown Document Type |
|
REPLY to Response to Motion re 264 MOTION for Reconsideration re 257 Order, Terminate Motions,,,, filed by Kmart Corporation. (O'Neil, Catherine) (Entered: 01/02/2015)
|
|
Request |
|
|
|
| 275 |
Filed: 12/29/2014, Entered: None |
Unknown Document Type |
|
ORDER re 274 Order on Motion for Extension of Time. Deadline for filing objections was erroneously stated as January 20, 2014. The correct date is January 20, 2015. Signed by Magistrate Judge Philip M. Frazier on 12/29/14. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/29/2014)
|
|
Request |
|
|
|
| 274 |
Filed: 12/29/2014, Entered: None |
Unknown Document Type |
|
ORDER granting 273 Motion for Extension of Time. For good cause shown pursuant to Fed.R.Civ.P. 6(b), the deadline for Relator to file objections to the Court's December 18, 2014 Order (Doc. 268) is hereby extended to January 20, 2014. Signed by Magistrate Judge Philip M. Frazier on 12/29/14.(kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/29/2014)
|
|
Request |
|
|
|
| 273 |
Filed: 12/23/2014, Entered: None |
Unknown Document Type |
|
First MOTION for Extension of Time in which to Object to December 18 Order by James Garbe. (King, Robert) (Entered: 12/23/2014)
|
|
Request |
|
|
|
| 272 |
Filed: 12/23/2014, Entered: None |
Unknown Document Type |
|
ORDER SETTING DEADLINE: Relator's response to the 271 Supplement filed by Kmart Corporation is due on or before January 5, 2015.(Response due by 1/5/2015). Signed by Judge Nancy J. Rosenstengel on 12/23/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/23/2014)
|
|
Request |
|
|
|
| 271 |
Filed: 12/23/2014, Entered: None |
Unknown Document Type |
|
SUPPLEMENT by Kmart Corporation. Supplement to 258 Motion to Certify Containing Supplemental Authority. (O'Neil, Catherine) (Entered: 12/23/2014)
|
|
Request |
|
|
|
| 270 |
Filed: 12/22/2014, Entered: None |
Unknown Document Type |
|
RESPONSE in Opposition re 264 MOTION for Reconsideration re 257 Order, Terminate Motions,,,, filed by James Garbe. (Zigler, Aaron) (Entered: 12/22/2014)
|
|
Request |
|
|
|
| 269 |
Filed: 12/22/2014, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING 267 MOTION for Leave to File Supplemental Authority In Support of Its Motion For Certification and to Stay Proceedings filed by Kmart Corporation. Kmart may file its Supplemental Authority instanter. Once it is filed, the Court will set a response deadline to allow Relator the opportunity to respond to the supplemental authority. Signed by Judge Nancy J. Rosenstengel on 12/22/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/22/2014)
|
|
Request |
|
|
|
| 268 |
Filed: 12/18/2014, Entered: None |
Unknown Document Type |
|
ORDER deferring ruling on 263 Motion to Compel. Kmart is directed to provide the requested information to the Court and the Relator by January 20, 2015. See attached. Signed by Magistrate Judge Philip M. Frazier on 12/18/14.(kos) (Entered: 12/18/2014)
|
|
Request |
|
|
|
| 267 |
Filed: 12/18/2014, Entered: None |
Unknown Document Type |
|
MOTION for Leave to File Supplemental Authority In Support of Its Motion For Certification and to Stay Proceedings by Kmart Corporation. (O'Neil, Catherine) (Entered: 12/18/2014)
|
|
Request |
|
|
|
| 266 |
Filed: 12/15/2014, Entered: None |
Unknown Document Type |
|
RESPONSE in Opposition re 263 MOTION to Compel Relator To Comply With the Courts Orders Regarding Discovery Costs and for Sanctions filed by James Garbe. (King, Robert) (Entered: 12/15/2014)
|
|
Request |
|
|
|
| 265 |
Filed: 12/15/2014, Entered: None |
Unknown Document Type |
|
ORDER STRIKING the Settlement Conference set for December 18 and 19, 2014 before Magistrate Philip M. Frazier in East St. Louis. Signed by Magistrate Judge Philip M. Frazier on 12/15/2014. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/15/2014)
|
|
Request |
|
|
|
| 264 |
Filed: 12/4/2014, Entered: None |
Unknown Document Type |
|
MOTION for Reconsideration re 257 Order, Terminate Motions,,,, by Kmart Corporation. (O'Neil, Catherine) (Entered: 12/04/2014)
|
|
Request |
|
|
|
| 263 |
Filed: 11/26/2014, Entered: None |
Unknown Document Type |
|
MOTION to Compel Relator To Comply With the Courts Orders Regarding Discovery Costs and for Sanctions by Kmart Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(O'Neil, Catherine) (Entered: 11/26/2014)
|
|
Request |
|
|
|
| 262 |
Filed: 11/26/2014, Entered: None |
Unknown Document Type |
|
RESPONSE in Opposition re 258 MOTION to Certify filed by James Garbe. (King, Robert) (Entered: 11/26/2014)
|
|
Request |
|
|
|
| 261 |
Filed: 11/25/2014, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING 260 MOTION to Withdraw as Attorney and to have ECF notifications terminated filed by Attorneys John F. Gibbons, Felicia V. Manno, Kimberly D. Annello, Adam Siegler and John F Farraher because other counsel appear of record for Defendant Kmart and because Defendant Kmart has consented to this request. Accordingly, Attorneys John F. Gibbons, Felicia V. Manno, Kimberly D. Annello, and John F Farraher are terminated in this case as to Defendant Kmart. Attorney Adam Siegler was previously terminated in this case on May 16, 2014. Signed by Judge Nancy J. Rosenstengel on 11/25/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 11/25/2014)
|
|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 260 |
Filed: 11/24/2014, Entered: None |
Unknown Document Type |
|
MOTION to Withdraw as Attorney and to have ECF notifications terminated by Kmart Corporation. (Annello, Kimberly) (Entered: 11/24/2014)
|
|
Request |
|
|
|
| 259 |
Filed: 11/19/2014, Entered: None |
Unknown Document Type |
|
NOTICE OF ERRORS AND/OR DEFICIENCIES re 258 Motion to Certify filed by Kmart Corporation. See attached document for specifics (mar) (Entered: 11/19/2014)
|
|
Request |
|
|
|
| 258 |
Filed: 11/17/2014, Entered: None |
Unknown Document Type |
|
MOTION for Certification Pursuant to 28 U.S.C. § 1292(b) and to Stay Proceedings by Kmart Corporation. (O'Neil, Catherine) Modified on 11/19/2014 (mar). (Entered: 11/17/2014)
|
|
Request |
|
|
|
| 257 |
Filed: 11/7/2014, Entered: None |
Unknown Document Type |
|
VACATED per Order at Doc. 278 - ORDER, GRANTING in part and DENYING in part 204 MOTION for Partial Summary Judgment Based On Payers' Definitions Of Usual & Customary Price, DENYING 212 MOTION to Exclude the Proffered Expert Testimony Of Dale A. Chamberlain Under Daubert, DENYING 203 MOTION for Partial Summary Judgment Based On Claims In Other Than 90-Day Quantities, DENYING 205 MOTION for Partial Summary Judgment On Relator's Pre-FERA Claims Relating To Medicare Part D, and DENYING 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D. Signed by Judge Nancy J. Rosenstengel on 11/7/2014. (bak) Modified on 1/9/2015 (drb). (Entered: 11/07/2014)
|
|
Request |
|
|
|
| 256 |
Filed: 11/7/2014, Entered: None |
Unknown Document Type |
|
Transcript of Discovery Dispute held on 10/31/14, before Judge Philip M. Frazier. Court Reporter Stephanie Rennegarbe, Telephone number 618-439-7735. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/28/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/5/2015. (skr, ) (Entered: 11/07/2014)
|
|
Request |
|
|
|
| 255 |
Filed: 10/31/2014, Entered: None |
Unknown Document Type |
|
ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 12/18-19/2014 9:00 AM in the Visiting Judge's Courtroom, East St. Louis Courthouse before Magistrate Judge Philip M. Frazier.Setlement statements to be submitted on or before 12/11/2014. Signed by Magistrate Judge Philip M. Frazier on 10/31/2014. (krm) (Entered: 10/31/2014)
|
|
Request |
|
|
|
| 254 |
Filed: 10/31/2014, Entered: None |
Unknown Document Type |
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order: Discovery Dispute Conference and Scheduling Conference held 10/31/2014. The Court ORDERS as follows: Mistee Budrovic may be deposed again for the limited purpose of addressing the issues on the 7/24/2014 errata sheet. The deposition shall occur within 14 days. Defendant Kmart is directed to file a motion regarding discovery costs within the next 30 days. After the motion is filed, any response must be filed 14 days thereafter. The parties may include short memoranda with their filings. A Settlement Conference is set for 12/18/14 9:00 AM before Judge Frazier in the East St. Louis Courthouse. A separate order will be entered and the parties will be advised of the location for the conference. The conference may continue 12/19/14. (Court Reporter Stephanie Rennegarbe, OCR.) (krm) (Entered: 10/31/2014)
|
|
Request |
|
|
|
| 253 |
Filed: 10/20/2014, Entered: None |
Unknown Document Type |
|
Notice and Order Setting a Discovery Dispute Conference and Scheduling Conference for 10/31/2014 9:30 AM via telephone before Magistrate Judge Frazier. The purpose of the Scheduling Conference will be to set a settlement conference. Counsel for Defendant to place the conference call between the Court (618-439-7750) and counsel. Signed by Magistrate Judge Philip M. Frazier on 10/20/2014. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/20/2014)
|
|
Request |
|
|
|
| 252 |
Filed: 10/10/2014, Entered: None |
Unknown Document Type |
|
Transcript of MOTIONS HEARING held on 09/30/2014, before Judge Nancy J. Rosenstengel. Court Reporter Molly Clayton, Telephone number 618.482.9226. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/31/2014. Redacted Transcript Deadline set for 11/10/2014. Release of Transcript Restriction set for 1/8/2015. (mnc) (Entered: 10/10/2014)
|
|
Request |
|
|
|
| 251 |
Filed: 9/30/2014, Entered: None |
Unknown Document Type |
|
Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Motion Hearing held on 9/30/2014 re 203 MOTION for Summary Judgment (Partial) Based On Claims In Other Than 90-Day Quantities And Incorporated Memorandum Of Law filed by Kmart Corporation, 204 MOTION for Summary Judgment (Partial) Based On Payers Definitions Of Usual & Customary Price And Incorporated Memorandum Of Law filed by Kmart Corporation, 205 MOTION for Partial Summary Judgment On Relators PreFera Claims Relating To Medicare Part D And Incorporated Memorandum Of Law filed by Kmart Corporation, 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D And Incorporated Memorandum Of Law filed by Kmart Corporation, 212 MOTION to Exclude the Proffered Expert Testimony Of Dale A. Chamberlain Under Daubert And Incorporated Memorandum Of Law filed by Kmart Corporation. Defendant's Motion to Amend/Correct Scheduling Order and Discovery Deadlines 175 is GRANTED. By agreement of the parties, Jury Trial RESET for 4/28/2015 at 9:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. Motions taken under advisement. Order to follow. (Court Reporter Molly Clayton.) (drb) (Entered: 09/30/2014)
|
|
Request |
|
|
|
| 250 |
Filed: 9/29/2014, Entered: None |
Unknown Document Type |
|
RESPONSE to 249 Memorandum in Support of Motion, for Partial Summary Judgment on Claims Other Than 90-Day Quantities filed by James Garbe. (Attachments: # 1 Exhibit 1 - Hay Declaration, # 2 Exhibit 2 - Hay Deposition)(Zigler, Aaron) (Entered: 09/29/2014)
|
|
Request |
|
|
|
| 249 |
Filed: 9/29/2014, Entered: None |
Unknown Document Type |
|
MEMORANDUM in Support re 203 MOTION for Summary Judgment (Partial) Based On Claims In Other Than 90-Day Quantities And Incorporated Memorandum Of Law (Supplemental) filed by Kmart Corporation. (Attachments: # 1 Exhibit 1)(O'Neil, Catherine) (Entered: 09/29/2014)
|
|
Request |
|
|
|
| 248 |
Filed: 9/29/2014, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING 246 MOTION for Leave to File Corrected Motion For Leave To File Supplemental Brief In Support Of Its Motion For Partial Summary Judgment On Claims In Other Than 90-Day Quantities and DENYING as moot 245 MOTION for Leave to File. Kmart may filed its Supplemental Brief in Support of its Motion for Partial Summary Judgment on Claims Other Than 90-Day Quantities instanter. Signed by Judge Nancy J. Rosenstengel on 09/29/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/29/2014)
|
|
Request |
|
|
|
| 247 |
Filed: 9/29/2014, Entered: None |
Unknown Document Type |
|
NOTICE OF ERRORS AND/OR DEFICIENCIES re 245 Motion for Leave to File filed by Kmart Corporation, 246 Motion for Leave to File, filed by Kmart Corporation. The proposed Supplemental Brief was filed with the motions. Proposed documents are not to be filed with the Court, but rather e-mailed to the appropriate judge. The proposed Supplemental Brief must be e-mailed, in Word format to the appropriate judge. Please refer to Section 2.10 of the ECF Revised Users Manual for further information and e-mail addresses.(trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/29/2014)
|
|
Request |
|
|
|
| 246 |
Filed: 9/28/2014, Entered: None |
Unknown Document Type |
|
MOTION for Leave to File Corrected Motion For Leave To File Supplemental Brief In Support Of Its Motion For Partial Summary Judgment On Claims In Other Than 90-Day Quantities by Kmart Corporation. (Attachments: # 1 Exhibit A)(O'Neil, Catherine) (Entered: 09/28/2014)
|
|
Request |
|
|
|
| 245 |
Filed: 9/26/2014, Entered: None |
Unknown Document Type |
|
MOTION for Leave to File to File A Supplemental Brief In Support Of Its Motion For Partial Summary Judgment On Claims In Other Than 90-Day Quantities by Kmart Corporation. (Attachments: # 1 Exhibit A)(O'Neil, Catherine) (Entered: 09/26/2014)
|
|
Request |
|
|
|
| 244 |
Filed: 9/26/2014, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING in part and DENYING in part 224 MOTION to Strike Decl. of Dain Rusk and Opp'n to Judicial Notice. The motion is denied to the extent that it asks the Court to strike the Declaration of Dain Rusk. The motion is granted to the extent that it opposes Kmart's request that the Court take judicial notice of the CVS and Walgreens websites. Signed by Judge Nancy J. Rosenstengel on 09/26/2014. (bak) (Entered: 09/26/2014)
|
|
Request |
|
|
|
| 243 |
Filed: 9/26/2014, Entered: None |
Unknown Document Type |
|
ORDER granting 241 Motion to Appear Pro Hac Vice for Attorney Coleen Schoch by on behalf of Kmart Corporation on 9/26/2014. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/26/2014)
|
|
Request |
|
|
|
| 242 |
Filed: 9/25/2014, Entered: None |
Unknown Document Type |
|
NOTICE of Appearance by Coleen Schoch on behalf of Kmart Corporation (Schoch, Coleen) (Entered: 09/25/2014)
|
|
Request |
|
|
|
| 241 |
Filed: 9/25/2014, Entered: None |
Unknown Document Type |
|
MOTION to Appear Pro Hac Vice by Attorney Coleen Schoch by on behalf of Kmart Corporation. (Schoch, Coleen) (Entered: 09/25/2014)
|
|
Request |
|
|
|
| 240 |
Filed: 9/23/2014, Entered: None |
Unknown Document Type |
|
SEALED RESPONSE to 223 Memorandum in Opposition to Motion for Partial Summary Judgment on Claims in Other Than 90-day Quantities (Amended) filed by James Garbe. (Zigler, Aaron) (Entered: 09/23/2014)
|
|
|
|
|
|
| 239 |
Filed: 9/23/2014, Entered: None |
Unknown Document Type |
|
SEALED RESPONSE to 221 Response in Opposition to Motion for Partial Summary Judgment Relating to Kmart's Manner of Calculating Its Usual and Customary Charge (Amended) filed by James Garbe. (Zigler, Aaron) (Entered: 09/23/2014)
|
|
|
|
|
|
| 238 |
Filed: 9/23/2014, Entered: None |
Unknown Document Type |
|
SEALED RESPONSE to 218 Sealed Document,,,,,, (Amended ECF No. 218-12) Appendix to the Expert Report of Joel Hay filed by James Garbe. (Zigler, Aaron) CD received in Clerk's Office on 9/25/2014 (lmb). (Entered: 09/23/2014)
|
|
|
|
|
|
| 237 |
Filed: 9/23/2014, Entered: None |
Unknown Document Type |
|
SEALED RESPONSE to 218 Sealed Document,,,,,, (Amended ECF No. 218-10) Expert Report and CV of Dale Chamberlain filed by James Garbe. (Zigler, Aaron) (Entered: 09/23/2014)
|
|
|
|
|
|
| 236 |
Filed: 9/23/2014, Entered: None |
Unknown Document Type |
|
SEALED RESPONSE to 218 Sealed Document,,,,,, (Amended) Relator's Counterstatement of Undisputed Material Facts filed by James Garbe. (Zigler, Aaron) (Entered: 09/23/2014)
|
|
|
|
|
|
| 235 |
Filed: 9/23/2014, Entered: None |
Unknown Document Type |
|
REPLY to Response to Motion re 205 MOTION for Partial Summary Judgment On Relators PreFera Claims Relating To Medicare Part D And Incorporated Memorandum Of Law, 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D And Incorporated Memorandum Of Law filed by Kmart Corporation. (O'Neil, Catherine) (Entered: 09/23/2014)
|
|
Request |
|
|
|
| 234 |
Filed: 9/23/2014, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING 230 Sealed Motion for Leave to Amend certain documents filed by Relator. Relator may file amended/corrected versions of Doc. 218 , Doc. [218-10], Doc. [218-12], Doc. 221 and Doc. 223 instanter. Relator should file these amended documents as five separate entries and should link each amended document to the correct original CM/ECF document/number that the amended document is replacing. Signed by Judge Nancy J. Rosenstengel on 09/23/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/23/2014)
|
|
Request |
|
|
|
| 233 |
Filed: 9/23/2014, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING 231 MOTION for Leave to File Consolidated Reply in Support of Kmart's Motions for Partial Summary Judgment on Relator's Pre-FERA Claims and on All Claims Submitted to Medicare Part D. Kmart may file a consolidated reply brief instanter. Signed by Judge Nancy J. Rosenstengel on 09/23/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/23/2014)
|
|
Request |
|
|
|
| 232 |
Filed: 9/23/2014, Entered: None |
Unknown Document Type |
|
NOTICE OF MODIFICATION re 230 Sealed Motion filed by James Garbe. Incorrect event selected. Event updated to reflect that the document is a sealed motion.(trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/23/2014)
|
|
Request |
|
|
|
| 231 |
Filed: 9/22/2014, Entered: None |
Unknown Document Type |
|
MOTION for Leave to File Consolidated Reply in Support of Kmart's Motions for Partial Summary Judgment on Relator's Pre-FERA Claims and on All Claims Submitted to Medicare Part D by Kmart Corporation. (Attachments: # 1 Exhibit Kmart Corp.'s Consolidated Reply in Support of its Motions for Partial Summary Judgment on Relator's Pre-FERA Claims and on All Claims Submitted to Medicare Part D, # 2 Exhibit U.S. ex rel. Buth v. Pharmerica Corp., No. 09-cv-720, slip op. (Sept. 3, 2014))(O'Neil, Catherine) (Entered: 09/22/2014)
|
|
Request |
|
|
|
| 230 |
Filed: 9/21/2014, Entered: None |
Unknown Document Type |
|
Sealed Motion. (Attachments: # 1 Errata A, # 2 Exhibit B, # 3 Exhibit C)(Zigler, Aaron) Modified on 9/23/2014 (trb ). (Entered: 09/21/2014)
|
|
|
|
|
|
| 229 |
Filed: 9/17/2014, Entered: None |
Unknown Document Type |
|
RESPONSE in Opposition re 224 MOTION to Strike Decl. of Dain Rusk and Opp'n to Judicial Notice filed by Kmart Corporation. (O'Neil, Catherine) (Entered: 09/17/2014)
|
|
Request |
|
|
|
| 228 |
Filed: 9/17/2014, Entered: None |
Unknown Document Type |
|
AFFIDAVIT re 227 Order, Terminate Motions,, Corrected Declaration of Dain Rusk by Kmart Corporation. (O'Neil, Catherine) (Entered: 09/17/2014)
|
|
Request |
|
|
|
| 227 |
Filed: 9/16/2014, Entered: None |
Unknown Document Type |
|
ORDER, GRANTING 226 Consent MOTION for Leave to File the Corrected Declaration of Dain Rusk filed by Kmart Corporation. Kmart may file the Corrected Declaration of Dain Rusk instanter. Signed by Judge Nancy J. Rosenstengel on 09/16/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/16/2014)
|
|
Request |
|
|
|
| 226 |
Filed: 9/15/2014, Entered: None |
Unknown Document Type |
|
Consent MOTION for Leave to File the Corrected Declaration of Dain Rusk by Kmart Corporation. (Attachments: # 1 Exhibit A)(O'Neil, Catherine) (Entered: 09/15/2014)
|
|
Request |
|
|
|
| 225 |
Filed: 9/10/2014, Entered: None |
Unknown Document Type |
|
ORDER RESETTING MOTION HEARING: The Court hereby RESETS the hearing as to 203 MOTION for Summary Judgment, 204 MOTION for Summary Judgment, 205 MOTION for Partial Summary Judgment and 206 MOTIOn for Partial Summary Judgment for 09/30/2014 at 9:30 a.m. in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. The Court shall also set for hearing at the same date and time 212 MOTION to Exclude the Proffered Expert Testimony Of Dale A. Chamberlain Under Daubert And Incorporated Memorandum Of Law. Signed by Judge Nancy J. Rosenstengel on 9/10/14. (drb) (Entered: 09/10/2014)
|
|
Request |
|
|
|
| 224 |
Filed: 9/5/2014, Entered: None |
Unknown Document Type |
|
MOTION to Strike Decl. of Dain Rusk and Opp'n to Judicial Notice by James Garbe. (Zigler, Aaron) (Entered: 09/05/2014)
|
|
Request |
|
|
|
| 223 |
Filed: 9/5/2014, Entered: None |
Unknown Document Type |
|
MEMORANDUM in Opposition re 203 MOTION for Summary Judgment (Partial) Based On Claims In Other Than 90-Day Quantities And Incorporated Memorandum Of Law filed by James Garbe. (Zigler, Aaron) (Entered: 09/05/2014)
|
|
Request |
|
|
|
| 222 |
Filed: 9/5/2014, Entered: None |
Unknown Document Type |
|
MEMORANDUM in Opposition re 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D And Incorporated Memorandum Of Law filed by James Garbe. (King, Robert) (Entered: 09/05/2014)
|
|
Request |
|
|
|
| 221 |
Filed: 9/5/2014, Entered: None |
Unknown Document Type |
|
RESPONSE in Opposition re 204 MOTION for Summary Judgment (Partial) Based On Payers Definitions Of Usual & Customary Price And Incorporated Memorandum Of Law filed by James Garbe. (Zigler, Aaron) (Entered: 09/05/2014)
|
|
Request |
|
|
|
| 220 |
Filed: 9/5/2014, Entered: None |
Unknown Document Type |
|
RESPONSE in Opposition re 205 MOTION for Partial Summary Judgment On Relators PreFera Claims Relating To Medicare Part D And Incorporated Memorandum Of Law filed by James Garbe. (King, Robert) (Entered: 09/05/2014)
|
|
Request |
|
|
|
| 219 |
Filed: 9/5/2014, Entered: None |
Unknown Document Type |
|
MEMORANDUM in Opposition re 212 MOTION to Exclude the Proffered Expert Testimony Of Dale A. Chamberlain Under Daubert And Incorporated Memorandum Of Law filed by James Garbe. (Zigler, Aaron) (Entered: 09/05/2014)
|
|
Request |
|
|
|
| 218 |
Filed: 9/5/2014, Entered: None |
Unknown Document Type |
|
Sealed Document. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18, # 19 Exhibit Exhibit 19, # 20 Exhibit Exhibit 20, # 21 Exhibit Exhibit 21, # 22 Exhibit Exhibit 22, # 23 Exhibit Exhibit 23, # 24 Exhibit Exhibit 24, # 25 Exhibit Exhibit 25, # 26 Exhibit Exhibit 26, # 27 Exhibit Exhibit 27, # 28 Exhibit Exhibit 28, # 29 Exhibit Exhibit 29, # 30 Exhibit Exhibit 30, # 31 Exhibit Exhibit 31, # 32 Exhibit Exhibit 32, # 33 Exhibit Exhibit 33, # 34 Exhibit Exhibit 34, # 35 Exhibit Exhibit 35, # 36 Exhibit Exhibit 36, # 37 Exhibit Exhibit 37, # 38 Exhibit Exhibit 38, # 39 Exhibit Exhibit 39, # 40 Exhibit Exhibit 40, # 41 Exhibit Exhibit 41, # 42 Exhibit Exhibit 42, # 43 Exhibit Exhibit 43, # 44 Exhibit Exhibit 44, # 45 Exhibit Exhibit 45, # 46 Exhibit Exhibit 46, # 47 Exhibit Exhibit 47, # 48 Exhibit Exhibit 48, # 49 Exhibit Exhibit 49, # 50 Exhibit Exhibit 50, # 51 Exhibit Exhibit 51, # 52 Exhibit Exhibit 52, # 53 Exhibit Exhibit 53, # 54 Exhibit Exhibit 54, # 55 Exhibit Exhibit 55, # 56 Exhibit Exhibit 56, # 57 Exhibit Exhibit 57, # 58 Exhibit Exhibit 58, # 59 Exhibit Exhibit 59, # 60 Exhibit Exhibit 60, # 61 Exhibit Exhibit 61, # 62 Exhibit Exhibit 62, # 63 Exhibit Exhibit 63)(Zigler, Aaron) (Entered: 09/05/2014)
|
|
|
|
|
|
| 217 |
Filed: 9/2/2014, Entered: None |
Unknown Document Type |
|
ORDER granting 216 Motion for Extension of Time to File Response re 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D And Incorporated Memorandum Of Law, 205 MOTION for Partial Summary Judgment On Relators PreFera Claims Relating To Medicare Part D And Incorporated Memorandum Of Law, 203 MOTION for Summary Judgment (Partial) Based On Claims In Other Than 90-Day Quantities And Incorporated Memorandum Of Law, 204 MOTION for Summary Judgment (Partial) Based On Payers Definitions Of Usual & Customary Price And Incorporated Memorandum Of Law, 212 MOTION to Exclude the Proffered Expert Testimony Of Dale A. Chamberlain Under Daubert And Incorporated Memorandum Of Law. Responses due by 9/5/2014. Signed by Magistrate Judge Philip M. Frazier on 9/2/14. (kos)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/02/2014)
|
|
Request |
|
|
|
| 216 |
Filed: 8/29/2014, Entered: None |
Unknown Document Type |
|
Consent MOTION for Extension of Time to File Response/Reply as to 203 MOTION for Summary Judgment (Partial) Based On Claims In Other Than 90-Day Quantities And Incorporated Memorandum Of Law, 204 MOTION for Summary Judgment (Partial) Based On Payers Definitions Of Usual & Customary Price And Incorporated Memorandum Of Law, 205 MOTION for Partial Summary Judgment On Relators PreFera Claims Relating To Medicare Part D And Incorporated Memorandum Of Law, 212 MOTION to Exclude the Proffered Expert Testimony Of Dale A. Chamberlain Under Daubert And Incorporated Memorandum Of Law, 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D And Incorporated Memorandum Of Law by James Garbe. (Zigler, Aaron) (Entered: 08/29/2014)
|
|
Request |
|
|
|
| 215 |
Filed: 8/12/2014, Entered: None |
Unknown Document Type |
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order: Scheduling Conference held on 8/12/2014. See attached document. (krm) (Entered: 08/12/2014)
|
|
Request |
|
|
|
| 214 |
Filed: 8/4/2014, Entered: None |
Unknown Document Type |
|
ORDER GRANTING 211 MOTION for Hearing re 203 MOTION for Summary Judgment, 204 MOTION for Summary Judgment, 205 MOTION for Patrial Summary Judgment and 206 MOTION for Partial Summary Judgment. Motion Hearing SET for 9/29/2014 at 2:00 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. The court has alloted one hour for this hearing and the parties should plan accordingly. Signed by Judge Nancy J. Rosenstengel on 8/4/14. (drb, ) (Entered: 08/04/2014)
|
|
Request |
|
|
|
| 213 |
Filed: 7/30/2014, Entered: None |
Unknown Document Type |
|
EXHIBIT by Kmart Corporation. Exhibit to 207 Memorandum in Support of Motion,,,,, Corrected Exhibit 47. (Attachments: # 1 Exhibit 47)(O'Neil, Catherine) (Entered: 07/30/2014)
|
|
Request |
|
|
|
| 212 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
MOTION to Exclude the Proffered Expert Testimony Of Dale A. Chamberlain Under Daubert And Incorporated Memorandum Of Law by Kmart Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 211 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
MOTION for Hearing re 203 MOTION for Summary Judgment (Partial) Based On Claims In Other Than 90-Day Quantities And Incorporated Memorandum Of Law, 204 MOTION for Summary Judgment (Partial) Based On Payers Definitions Of Usual & Customary Price And Incorporated Memorandum Of Law, 205 MOTION for Partial Summary Judgment On Relators PreFera Claims Relating To Medicare Part D And Incorporated Memorandum Of Law, 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D And Incorporated Memorandum Of Law Request For Oral Argument On Its Motions For Partial Summary Judgment by Kmart Corporation. (O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 210 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
EXHIBIT by Kmart Corporation. Exhibit to 207 Memorandum in Support of Motion,,,,, Exhibits 48-81. (Attachments: # 1 Exhibit 48, # 2 Exhibit 49, # 3 Exhibit 50, # 4 Exhibit 52, # 5 Exhibit 53, # 6 Exhibit 54, # 7 Exhibit 59, # 8 Exhibit 60, # 9 Exhibit 61, # 10 Exhibit 62, # 11 Exhibit 63, # 12 Exhibit 66, # 13 Exhibit 67, # 14 Exhibit 68, # 15 Exhibit 69, # 16 Exhibit 70, # 17 Exhibit 71, # 18 Exhibit 72, # 19 Exhibit 73, # 20 Exhibit 74, # 21 Exhibit 75, # 22 Exhibit 76, # 23 Exhibit 77, # 24 Exhibit 80, # 25 Exhibit 81)(O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 209 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
EXHIBIT by Kmart Corporation. Exhibit to 207 Memorandum in Support of Motion,,,,, Exhibit 47. (Attachments: # 1 Exhibit 47)(O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 208 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
EXHIBIT by Kmart Corporation. Exhibit to 207 Memorandum in Support of Motion,,,,, Exhibits 43-46. (Attachments: # 1 Exhibit 43, # 2 Exhibit 44, # 3 Exhibit 45, # 4 Exhibit 46)(O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 207 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
MEMORANDUM in Support re 203 MOTION for Summary Judgment (Partial) Based On Claims In Other Than 90-Day Quantities And Incorporated Memorandum Of Law, 204 MOTION for Summary Judgment (Partial) Based On Payers Definitions Of Usual & Customary Price And Incorporated Memorandum Of Law, 205 MOTION for Partial Summary Judgment On Relators PreFera Claims Relating To Medicare Part D And Incorporated Memorandum Of Law, 206 MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D And Incorporated Memorandum Of Law Statement Of Undisputed Material Facts In Support Of Kmart Corporations Motions For Partial Summary Judgment filed by Kmart Corporation. (Attachments: # 1 Affidavit of Dorothy DeAngelis, # 2 Affidavit of Jayson Dukes, # 3 Affidavit of Dain Rusk, # 4 Exhibit 1, # 5 Exhibit 3, # 6 Exhibit 7, # 7 Exhibit 11, # 8 Exhibit 15, # 9 Exhibit 16, # 10 Exhibit 18, # 11 Exhibit 19, # 12 Exhibit 20, # 13 Exhibit 21, # 14 Exhibit 22, # 15 Exhibit 23, # 16 Exhibit 24, # 17 Exhibit 25, # 18 Exhibit 26, # 19 Exhibit 27, # 20 Exhibit 30, # 21 Exhibit 31, # 22 Exhibit 32, # 23 Exhibit 33, # 24 Exhibit 34, # 25 Exhibit 35, # 26 Exhibit 36, # 27 Exhibit 37, # 28 Exhibit 38, # 29 Exhibit 39, # 30 Exhibit 40, # 31 Exhibit 41, # 32 Exhibit 42)(O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 206 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
MOTION for Partial Summary Judgment on All Claims Submitted To Medicare Part D And Incorporated Memorandum Of Law by Kmart Corporation. Responses due by 9/2/2014 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 205 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
MOTION for Partial Summary Judgment On Relators PreFera Claims Relating To Medicare Part D And Incorporated Memorandum Of Law by Kmart Corporation. Responses due by 9/2/2014 (O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 204 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
MOTION for Summary Judgment (Partial) Based On Payers Definitions Of Usual & Customary Price And Incorporated Memorandum Of Law by Kmart Corporation. Responses due by 9/2/2014 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 203 |
Filed: 7/29/2014, Entered: None |
Unknown Document Type |
|
MOTION for Summary Judgment (Partial) Based On Claims In Other Than 90-Day Quantities And Incorporated Memorandum Of Law by Kmart Corporation. Responses due by 9/2/2014 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(O'Neil, Catherine) (Entered: 07/29/2014)
|
|
Request |
|
|
|
| 202 |
Filed: 7/28/2014, Entered: None |
Unknown Document Type |
|
ORDER granting 200 Motion for Leave to File a Separate Statement Of Facts. Signed by Judge Nancy J. Rosenstengel on 7/28/2014. (ajt, )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/28/2014)
|
|
Request |
|
|
|
| 201 |
Filed: 7/28/2014, Entered: None |
Unknown Document Type |
|
ORDER: In light of Judge Rosenstengel's Order of July 25, 2014, (Doc. 199), a Scheduling Conference is set for 8/12/2014 at 10:30 AM via telephone before Magistrate Judge Frazier. Counsel for Defendant to place the conference call between the Court and counsel. The telephone number for Judge Frazier is 618-439-7750. Signed by Magistrate Judge Philip M. Frazier on 7/28/2014. (krm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/28/2014)
|
|
Request |
|
|
|
| 200 |
Filed: 7/28/2014, Entered: None |
Unknown Document Type |
|
MOTION for Leave to File a Separate Statement Of Facts by Kmart Corporation. (O'Neil, Catherine) (Entered: 07/28/2014)
|
|
Request |
|
|
|
| 199 |
Filed: 7/25/2014, Entered: None |
Unknown Document Type |
|
ORDER granting in part 175 MOTION to Amend/Correct Scheduling Order and Discovery Deadlines by Kmart Corporation. The remainder of the motion (Doc. 175) is referred to Magistrate Judge Frazier. Signed by Judge Nancy J. Rosenstengel on 7/25/2014. (ajt) (Entered: 07/25/2014)
|
|
Request |
|
|
|
| 198 |
Filed: 7/24/2014, Entered: None |
Unknown Document Type |
|
RESPONSE/ANSWER TO REQUEST FOR ADMISSIONS by James Garbe. Related document: 189 Request for Admissions filed by Kmart Corporation.(Zigler, Aaron) (Entered: 07/24/2014)
|
|
Request |
|
|
|
| 197 |
Filed: 7/22/2014, Entered: None |
Unknown Document Type |
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order: Scheduling Conference held on 7/22/2014. Parties are advised of the trial setting before Judge Rosenstengel on 4/14/2015. Subsequent to ruling on the summary judgment motions, the Court will set a telephonic status conference with counsel to set a settlement conference, which the Court anticipates will be scheduled in November, 2014. (krm) (Entered: 07/24/2014)
|
|
Request |
|
|
|
| 196 |
Filed: 7/21/2014, Entered: None |
Unknown Document Type |
|
ORDER: Following a May 15, 2014 discovery dispute conference, Defendants were directed to submit several sets of documents for in camera review (see Doc. 157 ). Judge Frazier completed the in camera review and issued a series of orders concerning four distinct topics (see Docs. 157, 164, 172). The latest order concerning documents submitted for in camera review was dated June 20, 2014 (Doc. 172). Having received no objection to these orders in the timeframe permitted under the federal rules, Judge Frazier is directed to destroy all documents submitted for in camera review in connection with the May 15 discovery dispute conference. Signed by Judge Nancy J. Rosenstengel on 7/21/2014. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/21/2014)
|
|
Request |
|
|
|
| 195 |
Filed: 7/14/2014, Entered: None |
Unknown Document Type |
|
NOTICE AND ORDER: Scheduling Conference set for 7/22/2014 11:15 AM via telephone before Magistrate Judge Frazier. Counsel for Plaintiff to place the call. The telephone number for the Court is 618-439-7750. Signed by Magistrate Judge Philip M. Frazier on 7/14/2014. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/14/2014)
|
|
Request |
|
|
|
| 194 |
Filed: 7/14/2014, Entered: None |
Unknown Document Type |
|
ORDER re 171 Transcript Redaction Request filed by Kmart Corporation. Defendant Kmart Corporation's Redaction Request is DENIED in full. Proposed redactions do not qualify as Confidential Information. Signed by Magistrate Judge Philip M. Frazier on 7/14/14. (kos) (Entered: 07/14/2014)
|
|
Request |
|
|
|
| 193 |
Filed: 7/11/2014, Entered: None |
Unknown Document Type |
|
REPLY to Response to Motion re 175 MOTION to Amend/Correct Scheduling Order and Discovery Deadlines filed by Kmart Corporation. (O'Neil, Catherine) (Entered: 07/11/2014)
|
|
Request |
|
|
|
| 192 |
Filed: 7/10/2014, Entered: None |
Unknown Document Type |
|
RESPONSE to Motion re 175 MOTION to Amend/Correct Scheduling Order and Discovery Deadlines filed by James Garbe. (Attachments: # 1 Exhibit Corr. from D. Harris to J. Greene, # 2 Exhibit Corr. from J. Farraher to R. King, # 3 Exhibit Corr. from R. King to J. Farraher, # 4 Affidavit Decl. of J. Brumitt, # 5 Exhibit Corr. from J. Farraher to R. King, # 6 Exhibit Corr. from K. Annelio to A. ZIgler, # 7 Exhibit Corr. from C. O'Neil to A. Zigler, # 8 Exhibit June 27, 2014 Supp. Resp. to 2d Roggs, # 9 Exhibit Corr. from J. Greene to D. Harris, # 10 Exhibit Corr. from K. Annelio to A. Zigler)(Zigler, Aaron) (Entered: 07/10/2014)
|
|
Request |
|
|
|
| 191 |
Filed: 7/9/2014, Entered: None |
Unknown Document Type |
|
Sealed Document - Notice of Errors. (Attachments: # 1 Transcriber Contact Form)(anm) (Entered: 07/09/2014)
|
|
|
|
|
|
| 190 |
Filed: 7/8/2014, Entered: None |
Unknown Document Type |
|
Transcript of Status Conference held on 6/23/2014, before Judge Nancy J. Rosenstengel. Court Reporter/Transcriber Robin L. Stranimeier, Telephone number 618-277-0190. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/29/2014. Redacted Transcript Deadline set for 8/8/2014. Release of Transcript Restriction set for 10/6/2014. (anm) (Entered: 07/08/2014)
|
|
Request |
|
|
|
| 189 |
Filed: 7/7/2014, Entered: None |
Unknown Document Type |
|
Defendant Kmart Corporation's First Set of REQUEST for Admissions to Plaintiff James Garbe by Kmart Corporation.(O'Neil, Catherine) (Entered: 07/07/2014)
|
|
Request |
|
|
|
| 188 |
Filed: 7/7/2014, Entered: None |
Unknown Document Type |
|
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 187 Request for Admissions filed by Kmart Corporation. Attorney login and e-filer do not match. Please refer to Section 2.0: page 2.1 of the User's Manual. Attorney Catherine O'Neil signed the document but attorney Stephen Cummings' login was used to e-file the document.(jaj) (Entered: 07/07/2014)
|
|
Request |
|
|
|
| 187 |
Filed: 7/3/2014, Entered: None |
Unknown Document Type |
|
ENTRY STRICKEN - First Set of REQUEST for Admissions by Kmart Corporation.(Cummings, Stephen) Modified on 7/7/2014 (jaj). (Entered: 07/03/2014)
|
|
Request |
|
|
|
| 186 |
Filed: 7/3/2014, Entered: None |
Unknown Document Type |
|
ORDER Granting 181 MOTION to Appear Pro Hac Vice by Attorney Stephen P. Cummings on behalf of Kmart Corporation; Granting 184 MOTION to Appear Pro H ac Vice by Attorney David E. Meadows on behalf of Kmart Corporation. (bkl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/03/2014)
|
|
Request |
|
|
|
| 185 |
Filed: 7/2/2014, Entered: None |
Unknown Document Type |
|
NOTICE of Appearance by David E. Meadows on behalf of Kmart Corporation (Meadows, David) (Entered: 07/02/2014)
|
|
Request |
|
|
|
| 184 |
Filed: 7/2/2014, Entered: None |
Unknown Document Type |
|
MOTION to Appear Pro Hac Vice by AttorneyDavid E. Meadows $100 fee paid,receipt number 0754-2334947 by on behalf of Kmart Corporation. (Meadows, David) (Entered: 07/02/2014)
|
|
Request |
|
|
|
| 183 |
Filed: 7/2/2014, Entered: None |
Unknown Document Type |
|
RESPONSE/ANSWER TO REQUEST FOR ADMISSIONS Kmart Corporation's Amended Objections and Responses to Plaintiff James Garbe's First Set of Requests for Admissions (Corrected) by Kmart Corporation. Related document: 108 Request for Admissions filed by James Garbe.(Burris, Christopher) (Entered: 07/02/2014)
|
|
Request |
|
|
|
| 182 |
Filed: 7/2/2014, Entered: None |
Unknown Document Type |
|
NOTICE of Appearance by Stephen P. Cummings on behalf of Kmart Corporation (Cummings, Stephen) (Entered: 07/02/2014)
|
|
Request |
|
|
|
| 181 |
Filed: 7/2/2014, Entered: None |
Unknown Document Type |
|
MOTION to Appear Pro Hac Vice by AttorneyStephen P. Cummings $100 fee paid,receipt number 0754-2334842 by on behalf of Kmart Corporation. (Cummings, Stephen) (Entered: 07/02/2014)
|
|
Request |
|
|
|
| 180 |
Filed: 7/2/2014, Entered: None |
Unknown Document Type |
|
ORDER granting 178 Motion to Appear Pro Hac Vice as to Attorney Phyllis Buchen Sumner on behalf of K-Mart Corporation. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 07/02/2014)
|
|
Request |
|
|
|
| 179 |
Filed: 7/1/2014, Entered: None |
Unknown Document Type |
|
NOTICE of Appearance by Phyllis Buchen Sumner on behalf of Kmart Corporation (Sumner, Phyllis) (Entered: 07/01/2014)
|
|
Request |
|
|
|
| 178 |
Filed: 7/1/2014, Entered: None |
Unknown Document Type |
|
MOTION to Appear Pro Hac Vice by AttorneyPhyllis Buchen Sumner $100 fee paid,receipt number 0754-2333640 by on behalf of Kmart Corporation. (Sumner, Phyllis) (Entered: 07/01/2014)
|
|
Request |
|
|
|
| 177 |
Filed: 6/26/2014, Entered: None |
Unknown Document Type |
|
ORDER reserving ruling on 175 MOTION to Amend/Correct Scheduling Order and Discovery Deadlines. The Court notes that Defendant has filed a motion to amend/correct the scheduling order. Relator's response to this motion is due on or before July 10, 2014. The motion addresses many of the issues raised at the recent status conference. The Court will review the parties' submissions on the motion, as well as the matters offered at the status conference. The Court will confer with Magistrate Judge Frazier following the July 14 settlement conference and determine whether the presumptive trial month and current deadlines should be altered and, if so, an appropriate scheduling order will be entered at that time. In the meantime, the parties should continue to work vigorously to complete discovery, to comply with the current deadlines, and to prepare for the settlement conference. Signed by Judge Nancy J. Rosenstengel on 6/26/2014. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/26/2014)
|
|
Request |
|
|
|
| 176 |
Filed: 6/23/2014, Entered: None |
Unknown Document Type |
|
Minute Entry for proceedings held before Judge Nancy J. Rosenstengel: Status Conference held on 6/23/2014. Aaron Zigler, Gerald Burke, Christopher Hoffman, Robert King, and Stephen Tillery appeared for Relator/Plaintiff. Catherine ONeil, Jeffrey Greene and Kristen Lynn appeared for Defendant. Counsel updated the Court on the current status of the case. Matter taken under advisement. (Court Reporter Robin Stranimeier.) (drb, ) (Entered: 06/24/2014)
|
|
Request |
|
|
|
| 175 |
Filed: 6/23/2014, Entered: None |
Unknown Document Type |
|
MOTION to Amend/Correct Scheduling Order and Discovery Deadlines by Kmart Corporation. (O'Neil, Catherine) (Entered: 06/23/2014)
|
|
Request |
|
|
|
| 174 |
Filed: 6/23/2014, Entered: None |
Unknown Document Type |
|
ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 7/14/2014 09:00 AM in Benton Courthouse before Magistrate Judge Philip M. Frazier. Settlement statements to be submitted on or before 7/7/2014. Signed by Magistrate Judge Philip M. Frazier on 6/23/2014. (krm) (Entered: 06/23/2014)
|
|
Request |
|
|
|
| 173 |
Filed: 6/20/2014, Entered: None |
|
|
AMENDED NOTICE of Hearing: Due to a conflict with the Court's schedule, the Status Conference is hereby RESET for 6/23/2014 at 03:00 PM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. This change pertains only to the time of the status conference.(drb) (Entered: 06/20/2014)
|
|
Request |
|
|
|
| 172 |
Filed: 6/20/2014, Entered: None |
|
|
ORDER regarding 157 Discovery Dispute Conference. As to Topic No. 4 discussed at the conference, the Court has reviewed the documents submitted for in camera inspection. Nothing was found that would give rise to the crime/fraud exception to the attorney client privilege. The documents will be held for 30 days, then destroyed. Signed by Magistrate Judge Philip M. Frazier on 6/20/2014. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/20/2014)
|
|
Request |
|
|
|
| 171 |
Filed: 6/11/2014, Entered: None |
|
|
Transcript Redaction Request re 161 Transcript,,,, by attorney Catherine M. O'Neil. (O'Neil, Catherine) (Entered: 06/11/2014)
|
|
Request |
|
|
|
| 170 |
Filed: 6/6/2014, Entered: None |
|
|
Transcript of Status Conference held on May 16, 2014, before Judge Michael J. Reagan. Court Reporter/Transcriber Barbara Kniepmann, Telephone number 618-482-9482. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/27/2014. Redacted Transcript Deadline set for 7/7/2014. Release of Transcript Restriction set for 9/4/2014. (bkk, ) (Entered: 06/06/2014)
|
|
Request |
|
|
|
| 169 |
Filed: 6/6/2014, Entered: None |
|
|
NOTICE by Kmart Corporation Pursuant to Transcript Policy (O'Neil, Catherine) (Entered: 06/06/2014)
|
|
Request |
|
|
|
| 168 |
Filed: 6/6/2014, Entered: None |
|
|
ORDER granting 167 Motion for Leave to File Notice out of time. The proposed Notice of Intent to Request Redaction may be filed by 6/9/2014 at 5:00 p.m.. Signed by Magistrate Judge Philip M. Frazier on 6/6/2014. (kls)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/06/2014)
|
|
Request |
|
|
|
| 167 |
Filed: 6/5/2014, Entered: None |
|
|
MOTION for Leave to File Out of Time Notice Pursuant to Transcript Policy by Kmart Corporation. (O'Neil, Catherine) (Entered: 06/05/2014)
|
|
Request |
|
|
|
| 166 |
Filed: 6/3/2014, Entered: None |
|
|
NOTICE of Hearing: In-person Status Conference set for 6/23/2014 at 10:00 AM in East St. Louis Courthouse before Judge Nancy J. Rosenstengel. (drb) (Entered: 06/03/2014)
|
|
Request |
|
|
|
| 165 |
Filed: 6/3/2014, Entered: None |
|
|
ORDER granting 162 Motion for Hearing. The Clerk is directed to set an in-person status conference as soon as is reasonably practicable. Signed by Judge Nancy J. Rosenstengel on 6/3/2014. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 06/03/2014)
|
|
Request |
|
|
|
| 164 |
Filed: 5/29/2014, Entered: None |
|
|
ORDER granting, in part, and denying, in part oral motion to compel. See attached document. Signed by Magistrate Judge Philip M. Frazier on 5/29/2014. (ajt) (Entered: 05/29/2014)
|
|
Request |
|
|
|
| 163 |
Filed: 5/27/2014, Entered: None |
|
|
AFFIDAVIT re 133 Discovery Dispute Conference (Declaration Of Jeffrey W. Greene, Esq.) by Kmart Corporation. (Greene, Jeffrey) (Entered: 05/27/2014)
|
|
Request |
|
|
|
| 162 |
Filed: 5/23/2014, Entered: None |
|
|
MOTION for Hearing Unopposed Motion Requesting a Status Conference by Kmart Corporation. (O'Neil, Catherine) (Entered: 05/23/2014)
|
|
Request |
|
|
|
| 161 |
Filed: 5/22/2014, Entered: None |
|
|
Transcript of Discovery Dispute Conference held on 5/15/14, before Judge Phillip M. Frazier. Court Reporter/Transcriber Michelle Zimmerman, Northcutt Reporting Service, Telephone number 618-242-1737. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/12/2014. Redacted Transcript Deadline set for 6/23/2014. Release of Transcript Restriction set for 8/20/2014. (Attachments: # 1 Transcript Form) (trb) (Entered: 05/22/2014)
|
|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 160 |
Filed: 5/21/2014, Entered: None |
|
|
Sealed Document. (Attachments: # 1 Exhibit KM-GAR-001-0001374, # 2 Exhibit KM-GAR-004-0003099, # 3 Exhibit KM-GAR-005-0003807, # 4 Exhibit KM-GAR-027-0002441, # 5 Exhibit KM-OIG-01-0000624, # 6 Exhibit KM-OIG-01-0000654, # 7 Exhibit KM-OIG-04-0003563, # 8 Exhibit KM-OIG-05-0001388, # 9 Exhibit KM-OIG-05-0002584, # 10 Exhibit KM-OIG-05P-0000030, # 11 Exhibit KM-OIG-13-0000242, # 12 Exhibit KM-OIG-13-0000364, # 13 Exhibit KM-OIG-13-0000405, # 14 Exhibit KM-OIG-18-0000044, # 15 Exhibit KM-OIG-18-0000098, # 16 Exhibit KM-OIG-18-0000353, # 17 Exhibit KM-OIG-18-0000527, # 18 Exhibit KM-OIG-18-0000670, # 19 Exhibit KM-YAR-033-001492)(Zigler, Aaron) (Entered: 05/21/2014)
|
|
|
|
|
|
| 159 |
Filed: 5/20/2014, Entered: None |
|
|
ADMINISTRATIVE ORDER 159 REASSIGNING CASE. Case reassigned to Judge Nancy J. Rosenstengel for all further proceedings. Judge Michael J. Reagan no longer assigned to case. All future pleadings shall bear the case number 12-881-NJR-PMF. Signed by Chief Judge David R. Herndon on 5/19/2014. (cds)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/20/2014)
|
|
Request |
|
|
|
| 158 |
Filed: 5/16/2014, Entered: None |
|
|
Minute Entry for proceedings held before Judge Michael J. Reagan: In-Court Status Conference held on 5/16/2014. Court sets new status date by telephone conference. A Telephonic Status Conference is hereby set for 07/24/14 at 11:00 am. Instructions for placing the conference call are as follows: call toll free 888-684-8852; when prompted enter Access Code 8364933; and when prompted enter Security Code 9225.(Court Reporter Barb Kniepmann.) (dkd ) (Entered: 05/16/2014)
|
|
Request |
|
|
|
| 157 |
Filed: 5/16/2014, Entered: None |
|
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Discovery Dispute Conference held on 5/16/2014. Defendant to submit documents to Judge Frazier 5/22/2014 for in camera inspection. See attached document for further rulings and deadlines. (Court Reporter Michelle Zimmerman, Northcutt Reporting Service.) (krm) (Entered: 05/16/2014)
|
|
Request |
|
|
|
| 156 |
Filed: 5/15/2014, Entered: None |
|
|
ORDER GRANTING 154 MOTION to Appear Pro Hac Vice by Attorney Kristen A. Lynn. (bkl)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/15/2014)
|
|
Request |
|
|
|
| 155 |
Filed: 5/14/2014, Entered: None |
|
|
NOTICE of Appearance by Kristen A. Lynn on behalf of Kmart Corporation (Lynn, Kristen) (Entered: 05/14/2014)
|
|
Request |
|
|
|
| 154 |
Filed: 5/14/2014, Entered: None |
|
|
MOTION to Appear Pro Hac Vice by AttorneyKristen A. Lynn $100 fee paid,receipt number 0754-2286029 by on behalf of Kmart Corporation. (Lynn, Kristen) (Entered: 05/14/2014)
|
|
Request |
|
|
|
| 153 |
Filed: 5/7/2014, Entered: None |
|
|
NOTICE of Hearing: Discovery Dispute Conference set for 5/15/2014 1:15 PM in Benton Courthouse before Magistrate Judge Philip M. Frazier. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/07/2014)
|
|
Request |
|
|
|
| 152 |
Filed: 5/6/2014, Entered: None |
|
|
NOTICE of Hearing: The Telephone Status Conference is changed to an In-Court Status Conference for 5/16/2014 at 11:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. (dkd )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 05/06/2014)
|
|
Request |
|
|
|
| 151 |
Filed: 5/2/2014, Entered: None |
|
|
ORDER. For the foregoing reasons, the Court AFFIRMS in part and REVERSES in part Judge Frazier's February 11, 2014 Discovery Order (Doc. 133 ). To the extent Judge Frazier ordered cost-shifting, that ruling is AFFIRMED. To the extent that Judge Frazier ordered fee-shifting, that ruling is REVERSED at this time. Signed by Judge Michael J. Reagan on 05/02/14. (dkd ) (Entered: 05/02/2014)
|
|
Request |
|
|
|
| 150 |
Filed: 4/28/2014, Entered: None |
|
|
ORDER granting 147 Motion to Appear Pro Hac Vice by Attorney Christopher C. Burris on behalf of Kmart Corporation. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/28/2014)
|
|
Request |
|
|
|
| 149 |
Filed: 4/28/2014, Entered: None |
|
|
ORDER granting 145 Motion to Appear Pro Hac Vice by Attorney Catherine M. O'Neil on behalf of Kmart Corporation. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/28/2014)
|
|
Request |
|
|
|
| 148 |
Filed: 4/25/2014, Entered: None |
|
|
NOTICE of Appearance by Christopher C. Burris on behalf of Kmart Corporation (Burris, Christopher) (Entered: 04/25/2014)
|
|
Request |
|
|
|
| 147 |
Filed: 4/25/2014, Entered: None |
|
|
MOTION to Appear Pro Hac Vice by AttorneyChristopher C. Burris $100 fee paid,receipt number 0754-2269207 by on behalf of Kmart Corporation. (Burris, Christopher) (Entered: 04/25/2014)
|
|
Request |
|
|
|
| 146 |
Filed: 4/25/2014, Entered: None |
|
|
NOTICE of Appearance by Catherine M. O'Neil on behalf of Kmart Corporation (O'Neil, Catherine) (Entered: 04/25/2014)
|
|
Request |
|
|
|
| 145 |
Filed: 4/25/2014, Entered: None |
|
|
MOTION to Appear Pro Hac Vice by AttorneyCatherine M. O'Neil $100 fee paid,receipt number 0754-2269192 by on behalf of Kmart Corporation. (O'Neil, Catherine) (Entered: 04/25/2014)
|
|
Request |
|
|
|
| 144 |
Filed: 4/1/2014, Entered: None |
|
|
Transcript of Telephone Status Conference held on March 13, 2014, before Judge Michael J. Reagan. Court Reporter/Transcriber Barbara Kniepmann, Telephone number 618-482-9482. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/22/2014. Redacted Transcript Deadline set for 5/2/2014. Release of Transcript Restriction set for 6/30/2014. (bkk, ) (Entered: 04/01/2014)
|
|
Request |
|
|
|
| 143 |
Filed: 3/24/2014, Entered: None |
|
|
REPLY to Response to Motion re 136 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Garbe re 133 Discovery Dispute Conference filed by James Garbe. (King, Robert) (Entered: 03/24/2014)
|
|
Request |
|
|
|
| 142 |
Filed: 3/17/2014, Entered: None |
|
|
SUPPLEMENTAL MEMORANDUM AND ORDER. Plaintiffs have objected to my order at Doc. #133 in an appeal at Doc. #136. Defendant has responded at Doc. #141, and the matter is before Judge Reagan. I do want to direct the parties and Judge Reagan to one overlooked aspect of the record. During the Feb. 11, 2014 hearing, the parties inquired whether plaintiff's portion of the new expenses to run the most recent Request for Production would ultimately be recoverable as taxable costs. It is correct that my initial response was "no". Judge Reagan and the parties are directed, however, to the transcript beginning on page 61, line 22 and continuing through page 62, line 14. There, two things are recognized which evidence that my original "no" had softened to a firm "maybe". The final call on this matter will be Judge Reagan's, and my own view as to whether or how the costs should be apportioned will depend on what new information is revealed. Those things being considered, plaintiff's present objection is likely premature. Signed by Magistrate Judge Philip M. Frazier on 3/17/2014. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/17/2014)
|
|
Request |
|
|
|
| 141 |
Filed: 3/13/2014, Entered: None |
|
|
Minute Entry for proceedings held before Judge Michael J. Reagan: Telephone Status Conference held on 3/13/2014. A Telephonic Status Conference is reset for 05/16/14 at 11:00 am. Instructions for placing the conference call are as follows: call toll free 888-684-8852; when prompted enter Access Code 8364933; and when prompted enter Security Code 9225. (Court Reporter Barb Kniepmann. (dkd ) (Entered: 03/14/2014)
|
|
Request |
|
|
|
| 140 |
Filed: 3/13/2014, Entered: None |
|
|
RESPONSE in Opposition to Relators Objection to Discovery Order filed by Kmart Corporation. (Attachments: # 1 Exhibit A-C)(Annello, Kimberly) (Entered: 03/13/2014)
|
|
Request |
|
|
|
| 139 |
Filed: 3/12/2014, Entered: None |
|
|
NOTICE of Appearance by Christopher A. Hoffman on behalf of James Garbe (Hoffman, Christopher) (Entered: 03/12/2014)
|
|
Request |
|
|
|
| 138 |
Filed: 3/3/2014, Entered: None |
|
|
ORDER, GRANTING 135 MOTION for Extension of Time filed by James Garbe. Signed by Judge Michael J. Reagan on 03/03/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/03/2014)
|
|
Request |
|
|
|
| 137 |
Filed: 3/3/2014, Entered: None |
|
|
ORDER re 136 Appeal of Magistrate Judge Decision: Defendant's response to Relator's Appeal of Magistrate Judge Decision is due on or before Monday, March 24, 2014.(Responses due by 3/24/2014). Signed by Judge Michael J. Reagan on 03/03/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 03/03/2014)
|
|
Request |
|
|
|
| 136 |
Filed: 2/28/2014, Entered: None |
|
|
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by James Garbe re 133 Discovery Dispute Conference (King, Robert) (Entered: 02/28/2014)
|
|
Request |
|
|
|
| 135 |
Filed: 2/25/2014, Entered: None |
|
|
MOTION for Extension of Time by James Garbe. (Zigler, Aaron) (Entered: 02/25/2014)
|
|
Request |
|
|
|
| 134 |
Filed: 2/18/2014, Entered: None |
|
|
Transcript of Discovery Dispute Conference held on 2/11/14, before Judge Philip M. Frazier. Court Reporter/Transcriber Stephanie Rennegarbe, Northcutt Reporting, Telephone number 618-242-1737. NOTICE: Attorneys and unrepresented parties have 7 calendar days to file a Notice of Intent to Request Redaction of this transcript and 21 calendar days to file a Redaction Request. If redactions are not requested, the transcript will be made remotely available to the public without redaction after 90 calendar days. See the full Transcript Policy on the website at http://www.ilsd.uscourts.gov/forms/TransPolicy.pdf Transcript may be viewed at the public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/11/2014. Redacted Transcript Deadline set for 3/21/2014. Release of Transcript Restriction set for 5/19/2014. (Attachments: # 1 Contract Reporter Form) (lmb) (Entered: 02/18/2014)
|
|
Request |
|
|
|
| 133 |
Filed: 2/11/2014, Entered: None |
|
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order: Discovery Dispute Conference held on 2/11/2014. See attached document. (Court Reporter S. Rennegarbe, Northcutt Reporting Service.) (krm) (Entered: 02/11/2014)
|
|
Request |
|
|
|
| 132 |
Filed: 1/16/2014, Entered: None |
|
|
Minute Entry for proceedings held before Judge Michael J. Reagan: Status Conference held on 1/16/2014. Court sets new status date by telephone conference. A Telephonic Status Conference is hereby set for 03/13/14 at 02:30 pm. Instructions for placing the conference call are as follows: call toll free 888-684-8852; when prompted enter Access Code 8364933; and when prompted enter Security Code 9225.(Court Reporter Barb Kniepmann.) (dkd ) (Entered: 01/16/2014)
|
|
Request |
|
|
|
| 131 |
Filed: 1/16/2014, Entered: None |
|
|
ORDER denying in part 122 Motion to Amend/Correct Scheduling and Discovery Order. The discovery deadline can be set no later than 115 days before first day of the presumptive trial month. The dispositive motions deadline can be set no later than 100 days before first day of the presumptive trial month. Thus, the discovery and dispositive motions deadlines cannot be moved as requested in the motion. As for the requested deadline alterations for the other intermittent deadlines in the motion, the parties should first attempt to stipulate to alternative deadlines in light of today's rulings. If no agreement is made, a motion can be re-submitted asking for an intermittent deadline to be adjusted for good cause. See Fed. R. Civ. P. 16(b)(4). Signed by Magistrate Judge Philip M. Frazier on 1/16/2014. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/16/2014)
|
|
Request |
|
|
|
| 130 |
Filed: 1/16/2014, Entered: None |
|
|
ORDER Denying in Part 122 MOTION to Amend/Correct 116 Order, filed by Kmart Corporation: The portion of the motion seeking to amend the discovery-related deadlines of the scheduling order will be ruled on by the Magistrate Judge assigned to this case, the Honorable Philip M. Frazier. The portion of the motion seeking to move the jury trial from a firm date of December 1, 2014 to a February 2015 trial month is DENIED at this time with leave to re-file. Signed by Judge Michael J. Reagan on 01/16/2014. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/16/2014)
|
|
Request |
|
|
|
| 129 |
Filed: 1/10/2014, Entered: None |
|
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier: Discovery Dispute Conference held on 1/10/2014. Parties are unable to agree on a set of search terms related to Relator's requests for production. Relator directed to re-submit its proposed search terms as a discovery request. Defendant may then object as appropriate. Objections to be resolved at in-person discovery dispute conference in Benton. Parties' claims of privilege discussed. Relator directed to submit his privilege log by January 13, 2014. Defendant directed to submit its privilege log by January 31, 2014. Discovery Dispute Conference set for 2/11/2014 9:30 AM in Benton Courthouse before Magistrate Judge Philip M. Frazier. (krm) (Entered: 01/10/2014)
|
|
Request |
|
|
|
| 128 |
Filed: 1/2/2014, Entered: None |
|
|
NOTICE AND ORDER setting a Discovery Dispute Conference for 1/10/2014 11:00 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for Plaintiff is responsible for placing the conference call between the Court (618-439-7750) and counsel. Signed by Magistrate Judge Philip M. Frazier on 1/2/2014. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/02/2014)
|
|
Request |
|
|
|
| 127 |
Filed: 1/2/2014, Entered: None |
|
|
NOTICE of Hearing: The Court SETS this matter for teleconference before Judge Michael J. Reagan on 1/16/2014 at 10:00 AM to discuss pending motion to extend the discovery and trial schedule (Doc. 122). Instructions for placing the conference call are as follows: call toll free 888-684-8852; when prompted enter Access Code 8364933; and when prompted enter Security Code 9225. (dkd )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/02/2014)
|
|
Request |
|
|
|
| 126 |
Filed: 12/9/2013, Entered: None |
|
|
RESPONSE to Motion re 122 MOTION to Amend/Correct 116 Order, Terminate Motions, Terminate Deadlines and Hearings, Set Deadlines/Hearings,,,,,,,, filed by James Garbe. (Zigler, Aaron) (Entered: 12/09/2013)
|
|
Request |
|
|
|
| 125 |
Filed: 12/6/2013, Entered: None |
|
|
ORDER granting 124 Motion to Appear Pro Hac Vice for attorney Felicia V. Manno on behalf of Kmart Corporation on 12/6/2013. (tkm )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/06/2013)
|
|
Request |
|
|
|
| 124 |
Filed: 12/5/2013, Entered: None |
|
|
MOTION to Appear Pro Hac Vice by AttorneyFelicia V. Manno $100 fee paid,receipt number 0754-2138274 by on behalf of Kmart Corporation. (Manno, Felicia) (Entered: 12/05/2013)
|
|
Request |
|
|
|
| 123 |
Filed: 12/2/2013, Entered: None |
|
|
ORDER, Relator's response to Defendant's 122 MOTION to Amend/Correct 116 Order, Terminate Motions, Terminate Deadlines and Hearings, Set Deadlines/Hearings is due on or before Monday, December 9, 2013.(Response due by 12/9/2013). Signed by Judge Michael J. Reagan on 12/02/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/02/2013)
|
|
Request |
|
|
|
| 122 |
Filed: 11/25/2013, Entered: None |
|
|
MOTION to Amend/Correct 116 Order, Terminate Motions, Terminate Deadlines and Hearings, Set Deadlines/Hearings,,,,,,,, by Kmart Corporation. (DeShano, Kimberly) (Entered: 11/25/2013)
|
|
Request |
|
|
|
| 121 |
Filed: 10/16/2013, Entered: None |
|
|
ANSWER to 98 Amended Complaint by Kmart Corporation.(DeShano, Kimberly) (Entered: 10/16/2013)
|
|
Request |
|
|
|
| 120 |
Filed: 10/4/2013, Entered: None |
|
|
ORDER granting 119 Consent MOTION for Extension of Time to File Answer re 98 Amended Complaint filed by Kmart Corporation. Kmart Corporation answer due 10/16/2013. Signed by Magistrate Judge Philip M. Frazier on 10/4/2013. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/04/2013)
|
|
Request |
|
|
|
| 119 |
Filed: 10/3/2013, Entered: None |
|
|
Consent MOTION for Extension of Time to File Answer re 98 Amended Complaint by Kmart Corporation. (DeShano, Kimberly) (Entered: 10/03/2013)
|
|
Request |
|
|
|
| 118 |
Filed: 9/18/2013, Entered: None |
|
|
ORDER, DENYING 102 MOTION to Dismiss for Failure to State a Claim filed by Kmart Corporation. Signed by Judge Michael J. Reagan on 09/18/2013. (bak) (Entered: 09/18/2013)
|
|
Request |
|
|
|
| 117 |
Filed: 9/12/2013, Entered: None |
|
|
NOTICE of Hearing: Jury Trial previously set for 9/22/14 is reset to 12/1/2014 at 09:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. (dkd )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/12/2013)
|
|
Request |
|
|
|
| 116 |
Filed: 9/11/2013, Entered: None |
|
|
ORDER granting 115 Consent MOTION to Amend/Correct 113 Scheduling Order filed by Kmart Corporation. The Court adopts the proposed expert deadlines on page 5, para. 10 of the (Doc. 115) motion. The discovery and dispositive motions deadlines are reset as follows: Discovery due by 7/14/2014. Dispositive Motions due by 7/29/2014. Trial settings will be reset by a subsequent order. Signed by Magistrate Judge Philip M. Frazier on 9/11/2013. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 09/11/2013)
|
|
Request |
|
|
|
| 115 |
Filed: 9/9/2013, Entered: None |
|
|
Consent MOTION to Amend/Correct 113 Scheduling Order, by Kmart Corporation. (DeShano, Kimberly) (Entered: 09/09/2013)
|
|
Request |
|
|
|
| 114 |
Filed: 5/2/2013, Entered: None |
|
|
RESPONSE to 108 Request for Admissions [Objections And Responses] filed by Kmart Corporation. (DeShano, Kimberly) (Entered: 05/02/2013)
|
|
Request |
|
|
|
| 113 |
Filed: 4/26/2013, Entered: None |
|
|
SCHEDULING ORDER: Pursuant to the (Doc. 112) order granting the 111 Joint MOTION to Continue Trial Month, the Court now RESETS the discovery deadlines in this case as follows: The agreed-to deadlines cited in paragraph 18 of page 5 of the (Doc. 111) motion are ADOPTED. Discovery due by 5/6/2014. Dispositive Motions due by 5/21/2014. Signed by Magistrate Judge Philip M. Frazier on 4/26/2013. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/26/2013)
|
|
Request |
|
|
|
| 112 |
Filed: 4/26/2013, Entered: None |
|
|
ORDER, GRANTING 111 Joint MOTION to Continue Trial Month filed by James Garbe. Jury Trial is set for 9/22/2014 at 09:00 AM and Final Pretrial Conference is set for 9/5/2014 at 10:00 AM. The Court is unlikely to extend the trial date again. Signed by Judge Michael J. Reagan on 04/26/2013. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 04/26/2013)
|
|
Request |
|
|
|
| 111 |
Filed: 4/23/2013, Entered: None |
|
|
Joint MOTION to Continue Trial Month and Modify Scheduling Order by James Garbe. (King, Robert) (Entered: 04/23/2013)
|
|
Request |
|
|
|
| 110 |
Filed: 4/23/2013, Entered: None |
|
|
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 109 Motion to Continue filed by James Garbe. See attached document for specifics. (bkl) (Entered: 04/23/2013)
|
|
Request |
|
|
|
| 109 |
Filed: 4/22/2013, Entered: None |
|
|
STRICKEN PURSUANT TO DOC. 110 - Joint MOTION to Continue Presumptive Trial Month and Modify Scheduling Order by James Garbe. (King, Robert) Modified on 4/23/2013 (bkl). (Entered: 04/22/2013)
|
|
Request |
|
|
|
| 108 |
Filed: 3/12/2013, Entered: None |
|
|
First Set of REQUEST for Admissions by James Garbe.(King, Robert) (Entered: 03/12/2013)
|
|
Request |
|
|
|
| 107 |
Filed: 1/28/2013, Entered: None |
|
|
ORDER DENYING 105 Motion for Leave to File. Before the Court is the United States of America's motion for leave to file a statement of interest in opposition to Defendant KMart Corporation's motion to dismiss Relator's Second Amended Complaint (Doc. 105). Although the Government has declined to intervene in this action, the Government contends that it has a vital interest in ensuring that case law interpreting and applying the FCA develop in a manner consistent with its interpretation of the FCA. The Government believes that KMart is misleading the Court relative to the pleading requirements. According to the Government, the Relator has no objection to the Government filing a statement of interest. The Court fully appreciates that the Government is the real party in interest in this qui tam action. However, the Government elected not to intervene and it is not now seeking to do so. Consequently, the Relator is responsible for prosecuting this case, and the Government's rights are circumscribed by 31 U.S.C. 3730(b) and (c). As the Supreme Court recognized in United States ex rel. Eisenstein v. City of New York, 556 U.S. 928, 129 S.Ct. 2230, 2235-2236 (2009), the fact that the Government will be bound by any decision in this case does not alter the fact that the Government elected not to intervene. The Government may either move to formally intervene or, if the motion to dismiss does not turn out to the Government's liking, it is entitled to appeal. For these reasons, the Government's motion for leave to file a statement of interest is therefore DENIED. Signed by Judge Michael J. Reagan on 1/28/2013. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/28/2013)
|
|
Request |
|
|
|
| 106 |
Filed: 1/24/2013, Entered: None |
|
|
RESPONSE in Opposition re 102 MOTION to Dismiss for Failure to State a Claim (Seconded Amended Complaint) filed by James Garbe. (Attachments: # 1 Exhibit HHS OIG 2013 Work Plan, # 2 Exhibit CMS Manual, # 3 Affidavit James Garbe)(Zigler, Aaron) (Entered: 01/24/2013)
|
|
Request |
|
|
|
| 105 |
Filed: 1/24/2013, Entered: None |
|
|
MOTION for Leave to File a Statement of Interest of the United States of America in Opposition to Defendant Kmart Corporation's Motion to Dismiss Relator's Second Amended Complaint by United States of America. (Burke, Gerald) (Entered: 01/24/2013)
|
|
Request |
|
|
|
| 104 |
Filed: 1/15/2013, Entered: None |
|
|
ORDER GRANTING 103 Motion for Extension of Time to File Response/Reply re 102 MOTION to Dismiss for Failure to State a Claim (Seconded Amended Complaint). By motion filed January 14, 2013, Plaintiff-Relator Garbe seeks an extension of the January 17, 2013, deadline for filing a response to Defendant KMart's motion to dismiss 102 . Plaintiff requests until January 24, 2013, in order to compensate for time lost due to the recent holidays. KMart does not object to the proposed extension of time. For good cause shown, the brief extension requested 103 is GRANTED. On or before January 24, 2013, Plaintiff-Relator Garbe shall file his response to Defendant KMart's motion to dismiss 102 . Signed by Judge Michael J. Reagan on 1/15/2013. (mmr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 01/15/2013)
|
|
Request |
|
|
|
| 103 |
Filed: 1/14/2013, Entered: None |
|
|
MOTION for Extension of Time to File Response/Reply as to 102 MOTION to Dismiss for Failure to State a Claim (Seconded Amended Complaint) by James Garbe. (Zigler, Aaron) (Entered: 01/14/2013)
|
|
Request |
|
|
|
| 102 |
Filed: 12/13/2012, Entered: None |
|
|
MOTION to Dismiss for Failure to State a Claim (Seconded Amended Complaint) by Kmart Corporation. Responses due by 1/17/2013 (DeShano, Kimberly) (Entered: 12/13/2012)
|
|
Request |
|
|
|
| 101 |
Filed: 12/6/2012, Entered: None |
|
|
ORDER granting 100 MOTION for Extension of Time to File Answer re 98 Amended Complaint. Defendant Kmart Corporation has demonstrated good cause for an extension of time to file an answer to the amended complaint. Answer due 12/13/2012. Signed by Magistrate Judge Philip M. Frazier on 12/6/2012. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 12/06/2012)
|
|
Request |
|
|
|
| 100 |
Filed: 12/6/2012, Entered: None |
|
|
MOTION for Extension of Time to File Answer re 98 Amended Complaint (Second) by Kmart Corporation. (DeShano, Kimberly) (Entered: 12/06/2012)
|
|
Request |
|
|
|
| 99 |
Filed: 11/21/2012, Entered: None |
|
|
NOTICE of Appearance by Stephen M. Tillery on behalf of James Garbe (Tillery, Stephen) (Entered: 11/21/2012)
|
|
Request |
|
|
|
| 98 |
Filed: 11/17/2012, Entered: None |
|
|
AMENDED COMPLAINT (Second) against Kmart Corporation, filed by James Garbe.(Zigler, Aaron) (Entered: 11/17/2012)
|
|
Request |
|
|
|
| 97 |
Filed: 11/13/2012, Entered: None |
|
|
ORDER granting 84 Motion for Leave to File Second Amended Complaint. See attached document. The plaintiff may electronically file his second amended complaint within five days of this order. The amended complaint shall comport with the formatting requirements of Local Rule 15.1. Signed by Magistrate Judge Philip M. Frazier on 11/13/2012. (ajt) (Entered: 11/13/2012)
|
|
Request |
|
|
|
| 96 |
Filed: 10/26/2012, Entered: None |
|
|
ORDER granting 92 Motion for Protective Order. See attachments. Signed by Magistrate Judge Philip M. Frazier on 10/26/2012. (Attachments: # 1 Supplement Stipulation) (ajt) (Entered: 10/26/2012)
|
|
Request |
|
|
|
| 95 |
Filed: 10/24/2012, Entered: None |
|
|
NOTICE of Appearance by Robert L. King on behalf of James Garbe (King, Robert) (Entered: 10/24/2012)
|
|
Request |
|
|
|
| 94 |
Filed: 10/24/2012, Entered: None |
|
|
NOTICE of Appearance by George A. Zelcs on behalf of All Plaintiffs (Zelcs, George) (Entered: 10/24/2012)
|
|
Request |
|
|
|
| 93 |
Filed: 10/24/2012, Entered: None |
|
|
NOTICE of Appearance by Aaron M. Zigler on behalf of All Plaintiffs (Zigler, Aaron) (Entered: 10/24/2012)
|
|
Request |
|
|
|
| 92 |
Filed: 10/18/2012, Entered: None |
|
|
Joint MOTION for Protective Order by James Garbe. (Zoglin, Larry) (Entered: 10/18/2012)
|
|
Request |
|
|
|
| 91 |
Filed: 10/15/2012, Entered: None |
|
|
RESPONSE in Opposition re 84 MOTION for Leave to File Second Amended Complaint filed by Kmart Corporation. (DeShano, Kimberly) (Entered: 10/15/2012)
|
|
Request |
|
|
|
| 90 |
Filed: 10/11/2012, Entered: None |
|
|
ORDER granting 89 Motion to Substitute Attorney. Attorney David Martin Harris and Gary Plessman terminated. Signed by Magistrate Judge Philip M. Frazier on 10/26/2012. (ajt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/11/2012)
|
|
Request |
|
|
|
| 89 |
Filed: 10/11/2012, Entered: None |
|
|
MOTION to Substitute Attorney by United States of America. (Burke, Gerald) (Entered: 10/11/2012)
|
|
Request |
|
|
|
| 88 |
Filed: 10/5/2012, Entered: None |
|
|
ORDER denying 82 Motion to Stay Discovery pursuant to Mintute Order at 86 . Signed by Magistrate Judge Philip M. Frazier on 10/5/2012. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 10/05/2012)
|
|
Request |
|
|
|
| 87 |
Filed: 10/5/2012, Entered: None |
|
|
SCHEDULING AND DISCVOERY ORDER: Joint Report of Parties approved and entered. Discovery due by 8/8/2013. Dispositive Motions due by 8/23/2013. Signed by Magistrate Judge Philip M. Frazier on 10/4/2012. (Attachments: # 1 Joint Report of Parties)(krm) (Entered: 10/05/2012)
|
|
Request |
|
|
|
| 86 |
Filed: 10/4/2012, Entered: None |
|
|
Minute Entry for proceedings held before Magistrate Judge Philip M. Frazier and Minute Order: Scheduling and Discovery Conference held on 10/4/2012. Joint Report to be entered. Settlement Conference is waived. Motion to Stay Discovery Doc. 82 is denied. (krm) (Entered: 10/05/2012)
|
|
Request |
|
|
|
| 85 |
Filed: 10/1/2012, Entered: None |
|
|
MEMORANDUM in Opposition re 82 MOTION to Stay discovery filed by James Garbe. (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Zoglin, Larry) (Entered: 10/01/2012)
|
|
Request |
|
|
|
| 84 |
Filed: 10/1/2012, Entered: None |
|
|
MOTION for Leave to File Second Amended Complaint by James Garbe. (Attachments: # 1 Exhibit One, # 2 Exhibit Two)(Zoglin, Larry) (Entered: 10/01/2012)
|
|
Request |
|
|
|
| 83 |
Filed: 9/17/2012, Entered: None |
|
|
MEMORANDUM in Support re 82 MOTION to Stay discovery filed by Kmart Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(DeShano, Kimberly) (Entered: 09/17/2012)
|
|
Request |
|
|
|
| 82 |
Filed: 9/17/2012, Entered: None |
|
|
MOTION to Stay discovery by Kmart Corporation. (DeShano, Kimberly) (Entered: 09/17/2012)
|
|
Request |
|
|
|
| 81 |
Filed: 8/31/2012, Entered: None |
|
|
ORDER REGARDING DISCOVERY: Discovery disputes which cannot be resolved through informal means pursuant to Federal Rule of Civil Procedure 37 shall be handled in the following manner. The party seeking the discovery shall be responsible for arranging for a prompt telephone conference with the Court and opposing counsel, by first contacting Karen Metheney, Courtroom Deputy to Judge Frazier, at 618-439-7754. If written discovery is involved, the disputed portion(s) shall be faxed to the Court prior to the telephone conference. Motions to Compel discovery and/or for appropriate sanctions shall be presented orally at the telephone conference. Written motions to compel or legal memoranda will not be accepted unless specifically requested by the Court. Expense of the call will be borne by the non-prevailing party. Signed by Magistrate Judge Philip M. Frazier on 8/31/2012. (krm) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/31/2012)
|
|
Request |
|
|
|
| 80 |
Filed: 8/31/2012, Entered: None |
|
|
NOTICE TO COUNSEL setting Scheduling and Discovery Conference for 10/4/2012 9:30 AM via telephone before Magistrate Judge Philip M. Frazier. Counsel for plaintiffs to place the conference call. The telephone number for the Court is 618-439-7750. Lead counsel must participate in the conference call. (krm) (Entered: 08/31/2012)
|
|
Request |
|
|
|
| 79 |
Filed: 8/30/2012, Entered: None |
|
|
NOTICE of Appearance by Kimberly M. DeShano on behalf of Kmart Corporation (DeShano, Kimberly) (Entered: 08/30/2012)
|
|
Request |
|
|
|
| 78 |
Filed: 8/30/2012, Entered: None |
|
|
NOTICE of Appearance by John F. Gibbons on behalf of Kmart Corporation (Gibbons, John) (Entered: 08/30/2012)
|
|
Request |
|
|
|
| 77 |
Filed: 8/30/2012, Entered: None |
|
|
NOTICE of Appearance by Jeffrey W Greene on behalf of All Defendants (Greene, Jeffrey) (Entered: 08/30/2012)
|
|
Request |
|
|
|
| 76 |
Filed: 8/30/2012, Entered: None |
|
|
NOTICE of Appearance by John F Farraher on behalf of All Defendants (Farraher, John) (Entered: 08/30/2012)
|
|
Request |
|
|
|
| 75 |
Filed: 8/30/2012, Entered: None |
|
|
NOTICE of Appearance by Robert P Charrow on behalf of All Defendants (Charrow, Robert) (Entered: 08/30/2012)
|
|
Request |
|
|
|
| 74 |
Filed: 8/30/2012, Entered: None |
|
|
CJRA TRACK C assigned: Final Pretrial Conference set for 12/6/2013, 09:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. Jury Trial set for 12/16/2013, 09:00 AM in East St. Louis Courthouse before Judge Michael J. Reagan. (dkd ) (Entered: 08/30/2012)
|
|
Request |
|
|
|
| 73 |
Filed: 8/29/2012, Entered: None |
|
|
ORDER granting 72 Motion to Appear Pro Hac Vice as to Attorney John Farraher on behalf of Kmart Corporation on 8/29/12. (drb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/29/2012)
|
|
Request |
|
|
|
| 72 |
Filed: 8/28/2012, Entered: None |
|
|
MOTION to Appear Pro Hac Vice by AttorneyJohn F Farraher $100 fee paid,receipt number 0754-1770367 by on behalf of Kmart Corporation. (Farraher, John) (Entered: 08/28/2012)
|
|
Request |
|
|
|
| 71 |
Filed: 8/27/2012, Entered: None |
|
|
ORDER OF RECUSAL. Judge William D. Stiehl recused. Case reassigned to Judge Michael J. Reagan for all further proceedings. Cause shall bear number 12-881-MJR on all further pleadings. Signed by Judge William D. Stiehl on 8/27/2012. (jaf) (Entered: 08/27/2012)
|
|
Request |
|
|
|
| 70 |
Filed: 8/24/2012, Entered: None |
|
|
ORDER granting 68 Motion to Appear Pro Hac Vice by Attorney Robert P. Charrow. (slj) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/24/2012)
|
|
Request |
|
|
|
| 69 |
Filed: 8/24/2012, Entered: None |
|
|
ORDER granting 67 Motion to Appear Pro Hac Vice Appear by Attorney Jeffrey W. Greene. (slj) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/24/2012)
|
|
Request |
|
|
|
| 68 |
Filed: 8/23/2012, Entered: None |
|
|
MOTION to Appear Pro Hac Vice by AttorneyRobert P Charrow $100 fee paid,receipt number 0754-1766674 by on behalf of Kmart Corporation. (Charrow, Robert) (Entered: 08/23/2012)
|
|
Request |
|
|
|
| 67 |
Filed: 8/23/2012, Entered: None |
|
|
MOTION to Appear Pro Hac Vice by AttorneyJeffrey W Greene $100 fee paid,receipt number 0754-1766651 by on behalf of Kmart Corporation. (Greene, Jeffrey) (Entered: 08/23/2012)
|
|
Request |
|
|
|
| 66 |
Filed: 8/20/2012, Entered: None |
|
|
NOTICE of Appearance by Gerald M. Burke on behalf of United States of America (Burke, Gerald) (Entered: 08/20/2012)
|
|
Request |
|
|
|
| 65 |
Filed: 8/14/2012, Entered: None |
|
|
ORDER granting 64 Motion to Appear Pro Hac Vice for attorney Erika A Kelton on behlaf of Plaintiff James Garbe on 8/14/2012. (jaj )THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/14/2012)
|
|
Request |
|
|
|
| 64 |
Filed: 8/13/2012, Entered: None |
|
|
MOTION to Appear Pro Hac Vice by AttorneyErika A. Kelton $100 fee paid,receipt number 0754-1756872 by on behalf of James Garbe. (Kelton, Erika) (Entered: 08/13/2012)
|
|
Request |
|
|
|
| 63 |
Filed: 8/9/2012, Entered: None |
|
|
ORDER granting 62 Motion to Appear Pro Hac Vice by Attorney Larry P. Zoglin on behalf of James Garbe. (slj) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. (Entered: 08/09/2012)
|
|
Request |
|
|
|
| 62 |
Filed: 8/8/2012, Entered: None |
|
|
MOTION to Appear Pro Hac Vice by AttorneyLarry P Zoglin $100 fee paid,receipt number 0754-1754065 by on behalf of James Garbe. (Zoglin, Larry) (Entered: 08/08/2012)
|
|
Request |
|
|
|
| 61 |
Filed: 8/8/2012, Entered: None |
|
|
Letters to Attorneys of Record re: case transfer, admission and electronic registration. (slj) (Entered: 08/08/2012)
|
|
Request |
|
|
|
| Save 25% on a pre-paid one year subscription. |
|
|
| 60 |
Filed: 8/8/2012, Entered: None |
|
|
Case transferred in from District of California Central; Case Number 2:08-cv-04669. (Entered: 08/08/2012)
|
|
Request |
|
|
|
| 59 |
Filed: 8/6/2012, Entered: None |
|
|
MINUTES (IN CHAMBERS) ORDER GRANTING Defendant Kmart's Motion to Transfer Venue 44 by Judge Michael W Fitzgerald: This matter is before the Court on the Motion to Transfer Venue Pursuant to 28 USC section 1404(a) and Motion to Dismiss Pursuant to Rule 12(b)(6) and Rule 9(b) of the Federal Rules of Civil Procedure filed by Defendant Kmart Corp. The Court has read and considered the papers filed in this matter and held a hearing on 8/6/2012. For the reasons set forth below, the Motion to Transfer is GRANTED. The Court does not reach the Motion to Dismiss. (See attached Minute Order for further details). Accordingly, the Motion to Transfer (Docket No. 44) is GRANTED. This action hereby is TRANSFERRED to the United States District Court for the Southern District of Illinois. The Court does not reach the Motion to Dismiss (Docket No. 45 . The Scheduling Conference set for 8/6/2012, hereby is vacated. (MD JS-6. Case Terminated). Case extracted and transferred via electronically. (Attachments: # 1 CV-22 Transmittal Letter - Civil Case Transfer Out) (jp) [Transferred from California Central on 8/8/2012.] (Entered: 08/07/2012)
|
|
Request |
|
|
|
| 58 |
Filed: 8/6/2012, Entered: None |
|
|
MINUTES OF Defendant Kmart Corporation's Motion to Transfer Venue Pursuant to 28 USC 1404(a) 44 ; Defendant Kmart Corporation's Motion to Dismiss Pursuant to Rule 12(B)(6) and Rule 9(B) of the FRCP 45 Hearing held before Judge Michael W Fitzgerald: Case called, and counsel make their appearance. The Court hears oral argument from counsel and takes the matter under submission. Court Reporter: Rosalyn Adams. (jp) [Transferred from California Central on 8/8/2012.] (Entered: 08/06/2012)
|
|
Request |
|
|
|
| 57 |
Filed: 7/17/2012, Entered: None |
|
|
ORDER by Judge Michael W Fitzgerald: granting 55 Application to Appear Pro Hac Vice by Attorney Jeffrey W. Greene on behalf of Defenant Kmart Corporation, designating Adam Siegler as local counsel. (lt) [Transferred from California Central on 8/8/2012.] (Entered: 07/20/2012)
|
|
Request |
|
|
|
| 56 |
Filed: 7/19/2012, Entered: None |
|
|
MINUTE ORDER IN CHAMBERS by Judge Michael W Fitzgerald. Counsel are hereby notified that the Motions 44 45 hearing and Scheduling Conference set for July 31, 2012 is hereby rescheduled to August 6, 2012 at 10:00 a.m. (kbr) [Transferred from California Central on 8/8/2012.] (Entered: 07/19/2012)
|
|
Request |
|
|
|
| 55 |
Filed: 7/16/2012, Entered: None |
|
|
APPLICATION for attorney Jeffrey W. Greene to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Kmart Corporation. (Attachments: # 1 Exhibit Attachment to Application of Non-Resident Attorney to Appear in a Specific Case, # 2 Proposed Order Order on Application of Non-Resident Attorney to Appear)(Siegler, Adam) [Transferred from California Central on 8/8/2012.] (Entered: 07/16/2012)
|
|
Request |
|
|
|
| 54 |
Filed: 7/16/2012, Entered: None |
|
|
REPLY In Support MOTION to Dismiss First Amended Complaint 45 Defendant Kmart Corporation's Resply to (1) Relator's, and (2) The United States' Opposition to Kmart Corporation's Motion to Dismiss filed by Defendant Kmart Corporation. (Attachments: # 1 Exhibit Exhibit A - C - Re Reply ISO Motion to Dismiss)(Siegler, Adam) [Transferred from California Central on 8/8/2012.] (Entered: 07/16/2012)
|
|
Request |
|
|
|
| 53 |
Filed: 7/16/2012, Entered: None |
|
|
REPLY In Support MOTION to Change Venue to United States District Court for the Southern District of Ilinois 44 Defendant Kmart Corporation's Reply Brief In Support Of Its Motion To Transfer Venue Purusant to 28 U.,S.C. Section 1404(a) filed by Defendant Kmart Corporation. (Attachments: # 1 Exhibit Exhibit A - D - Re Reply ISO Mtn to Transfer Venue)(Siegler, Adam) [Transferred from California Central on 8/8/2012.] (Entered: 07/16/2012)
|
|
Request |
|
|
|
| 52 |
Filed: 7/5/2012, Entered: None |
|
|
ORDER GRANTING UNITED STATES OF AMERICA'S EX PARTE APPLICATION FOR LEAVE TO FILE A STATEMENT OF INTEREST IN CONNECTION WITH DEFENDANT KMART CORPORATION'S MOTION TO DISMISS 49 by Judge Michael W Fitzgerald. The copy of the Statement of Interest attached to the Declaration of Gary Plessman shall be and is hereby deemed filed. (kbr) [Transferred from California Central on 8/8/2012.] (Entered: 07/06/2012)
|
|
Request |
|
|
|
| 51 |
Filed: 7/2/2012, Entered: None |
|
|
MEMORANDUM in Opposition to MOTION to Dismiss First Amended Complaint 45 filed by Plaintiff James Garbe. (Zoglin, Larry) [Transferred from California Central on 8/8/2012.] (Entered: 07/02/2012)
|
|
Request |
|
|
|
| 50 |
Filed: 7/2/2012, Entered: None |
|
|
MEMORANDUM in Opposition to MOTION to Change Venue to United States District Court for the Southern District of Ilinois 44 filed by Plaintiff James Garbe. (Attachments: # 1 Declaration of Larry P. Zoglin, # 2 Exhibit 1 to Declaration of Larry P. Zoglin, # 3 Exhibit 2 to Declaration of Larry P. Zoglin)(Zoglin, Larry) [Transferred from California Central on 8/8/2012.] (Entered: 07/02/2012)
|
|
Request |
|
|
|
| 49 |
Filed: 7/2/2012, Entered: None |
|
|
EX PARTE APPLICATION for Leave to File Amicus Brief Statement of Interest of the United States of America in Connection with Defendant Kmart Corporation's Motion to Dismiss filed by plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Memorandum State of Interest of the United States of America in Connection with Defendant Kmart Corporation's Motion to Dismiss, # 2 Proposed Order)(Plessman, Gary) [Transferred from California Central on 8/8/2012.] (Entered: 07/02/2012)
|
|
Request |
|
|
|
| 48 |
Filed: 6/7/2012, Entered: None |
|
|
ORDER on Joint Request and Stipulation to Continue (1) Hearing on Defendant's Motion to Transfer and Motion to Dismiss, and Related Briefing Schedule, and (2) Rule 26(f) Scheduling Conference by Judge Michael W Fitzgerald, re Stipulation 47 . The hearing on Kmart's Motion To Transfer Venue 44 and Motion To Dismiss 45 (collectively, Motions) is continued from July 2, 2012 to July 31, 2012, at 10:00 a.m. The Rule 26(f) scheduling conference 40 is continued from June 25, 2012 to July 31, 2012, at 10:00 a.m. (kbr) [Transferred from California Central on 8/8/2012.] (Entered: 06/08/2012)
|
|
Request |
|
|
|
| 47 |
Filed: 6/6/2012, Entered: None |
|
|
STIPULATION for Hearing re Scheduling Hearing and Motions Hearing, STIPULATION for Extension of Time to File Response filed by Plaintiff James Garbe. (Attachments: # 1 Proposed Order)(Zoglin, Larry) [Transferred from California Central on 8/8/2012.] (Entered: 06/06/2012)
|
|
Request |
|
|
|
| 46 |
Filed: 6/4/2012, Entered: None |
|
|
Joint Rule 26(f) REPORT filed by Plaintiff James Garbe, Defendant Kmart Corporation. (Attachments: # 1 Exhibit KMART CORPORATIONS INITIAL DISCLOSURE STATEMENT)(Zoglin, Larry) [Transferred from California Central on 8/8/2012.] (Entered: 06/04/2012)
|
|
Request |
|
|
|
| 45 |
Filed: 6/1/2012, Entered: None |
|
|
NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendant Kmart Corporation. Motion set for hearing on 7/2/2012 at 10:00 AM before Judge Michael W Fitzgerald. (Attachments: # 1 Memorandum Kmart's Memorandum ISO Motion to Dismiss, # 2 Appendix A to Kmart's Memorandum ISO Motion to Dismiss, # 3 Proposed Order [Proposed] Order Granting Kmart's Memorandum ISO Motion to Dismiss)(Siegler, Adam) [Transferred from California Central on 8/8/2012.] (Entered: 06/01/2012)
|
|
Request |
|
|
|
| 44 |
Filed: 5/25/2012, Entered: None |
|
|
NOTICE OF MOTION AND MOTION to Change Venue to United States District Court for the Southern District of Ilinois filed by Defendant Kmart Corporation. Motion set for hearing on 7/2/2012 at 10:00 AM before Judge Michael W Fitzgerald. (Attachments: # 1 Memorandum ISO Kmart's Motion to Transfer Venue, # 2 Exhibit A to Memorandum ISO Kmart's Motion to Transfer Venue, # 3 Declaration Ambrosia Decl ISO Kmart's Motion to Transfer Venue, # 4 Declaration Santoni Decl ISO Kmart's Motion to Transfer Venue, # 5 Proposed Order [Proposed] Order Granting Kmart's Motion to Transfer Venue)(Siegler, Adam) [Transferred from California Central on 8/8/2012.] (Entered: 05/25/2012)
|
|
Request |
|
|
|
| 43 |
Filed: 5/22/2012, Entered: None |
|
|
NOTICE of Change of Attorney Information for attorney Larry P Zoglin counsel for Plaintiff James Garbe. Changing Address to 100 The Embarcadero, Suite 300, San Francisco, CA 94105. Filed by Attorney Larry Zoglin of Phillips & Cohen LLP (Zoglin, Larry) [Transferred from California Central on 8/8/2012.] (Entered: 05/22/2012)
|
|
Request |
|
|
|
| 42 |
Filed: 5/15/2012, Entered: None |
|
|
MINUTE ORDER IN CHAMBERS by Judge Michael W Fitzgerald. This action has been reassigned to the HONORABLE MICHAEL W. FITZGERALD, United States District Judge. The magistrate judge's assignment remains the same. Please substitute the initials MWF in place of the initials JHN. The case number will now read: CV08-4669-MWF(SHx). (kbr) [Transferred from California Central on 8/8/2012.] (Entered: 05/15/2012)
|
|
Request |
|
|
|
| 41 |
Filed: 5/11/2012, Entered: None |
|
|
ORDER OF THE CHIEF JUDGE (#12-042) approved by Chief Judge Audrey B. Collins. IT IS ORDERED, with the concurrence of the Case Management and Assignment Committee, that this case be reassigned from the calendar of Judge Jacqueline H. Nguyen to the calendar of Judge Michael W Fitzgerald for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 08-4669 MFW(SH). (sn) [Transferred from California Central on 8/8/2012.] (Entered: 05/14/2012)
|
|
Request |
|
|
|
| 40 |
Filed: 5/3/2012, Entered: None |
|
|
ORDER SETTING SCHEDULING CONFERENCE (In Chambers) and ORDER FOR RULE 26 JOINT SCHEDULING REPORT by Judge Jacqueline H. Nguyen: re: Status Report 36 . The Court sets the deadline for the Joint Rule 26(f) Report to be filed (see attached Order).The Court also hereby sets a Scheduling Conference on June 25, 2012 at 2:30 p.m.Deadline to File Joint Report:June 4, 2012. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (Attachments: # 1 ORDER FOR RULE 26 JOINT REPORT) (ama) [Transferred from California Central on 8/8/2012.] (Entered: 05/03/2012)
|
|
Request |
|
|
|
| 39 |
Filed: 4/17/2012, Entered: None |
|
|
ORDER by Judge Jacqueline H. Nguyen: granting 37 Application to Appear Pro Hac Vice by Attorney John F. Farraher, Jr. on behalf of Defendant Kmart Corporation, designating Adam Siegler as local counsel. (lt) [Transferred from California Central on 8/8/2012.] (Entered: 04/17/2012)
|
|
Request |
|
|
|
| 38 |
Filed: 4/16/2012, Entered: None |
|
|
CORPORATE DISCLOSURE STATEMENT Pursuant to F.R.C.P. 7.1 and Local Rule 7.1-1 filed by Defendant Kmart Corporation identifying Kmart Corporation as Corporate Parent. (Siegler, Adam) [Transferred from California Central on 8/8/2012.] (Entered: 04/16/2012)
|
|
Request |
|
|
|
| 37 |
Filed: 4/16/2012, Entered: None |
|
|
APPLICATION for attorney John F. Farraher, Jr. to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant, Kmart Corporation Kmart Corporation. (Attachments: # 1 Proposed Order Order on Application of Non-Resident Attorney to Appear in a Specific Case)(Siegler, Adam) [Transferred from California Central on 8/8/2012.] (Entered: 04/16/2012)
|
|
Request |
|
|
|
| 36 |
Filed: 4/9/2012, Entered: None |
|
|
STATUS REPORT Joint filed by Plaintiff James Garbe, Defendant Kmart Corporation. (Zoglin, Larry) [Transferred from California Central on 8/8/2012.] (Entered: 04/09/2012)
|
|
Request |
|
|
|
| 35 |
Filed: 4/4/2012, Entered: None |
|
|
ORDER by Judge Jacqueline H. Nguyen: denying 33 John F. Farraher, Jr., Application to Appear Pro Hac Vice for failure to pay the required PHV appearance fee. (lt) [Transferred from California Central on 8/8/2012.] (Entered: 04/04/2012)
|
|
Request |
|
|
|
| 34 |
Filed: 4/4/2012, Entered: None |
|
|
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney John F. Farraher, Jr. to Appear Pro Hac Vice (PHV FEE NOT PAID.) APPLICATION for attorney John F. Farraher, Jr. to Appear Pro Hac Vice (PHV FEE NOT PAID.) 33 . The following error(s) was found: A Certification of Good Standing is not attached to Pro Hac Vice Application.Other error(s) with document(s): Good Standing Certificates have been required since 09/08. PHV fees have not been paid. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt) [Transferred from California Central on 8/8/2012.] (Entered: 04/04/2012)
|
|
Request |
|
|
|
| 33 |
Filed: 4/3/2012, Entered: None |
|
|
APPLICATION for attorney John F. Farraher, Jr. to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Kmart Corporation. (Attachments: # 1 Proposed Order Order Granting Application of Non-Resident Attorney to Appear in a Specifric Case)(Siegler, Adam) [Transferred from California Central on 8/8/2012.] (Entered: 04/03/2012)
|
|
Request |
|
|
|
| 32 |
Filed: 3/30/2012, Entered: None |
|
|
WAIVER OF SERVICE Returned Executed filed by plaintiff James Garbe. upon Kmart Corporation waiver sent by Plaintiff on 3/29/2012, answer due 5/28/2012. Waiver of Service signed by John F. Farraher, Jr.. (Zoglin, Larry) [Transferred from California Central on 8/8/2012.] (Entered: 03/30/2012)
|
|
Request |
|
|
|
| 31 |
Filed: 3/27/2012, Entered: None |
|
|
ORDER FOR STATUS REPORT (In Chambers) by Judge Jacqueline H. Nguyen:The parties are ordered to file a joint status report in this matter by no later than April 9, 2012. (ama) [Transferred from California Central on 8/8/2012.] (Entered: 03/27/2012)
|
|
Request |
|
|
|
| 30 |
Filed: 9/6/2011, Entered: None |
|
|
ORDER: JOINT STATUS REPORT AND STIPULATION TO EXTEND STAY by Judge Jacqueline H. Nguyen. The case shall be stayed for 90 days, to and including December 3, 2011, pursuant to the Court's discretionary authority to grant a stay "to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for the litigants. (bp) [Transferred from California Central on 8/8/2012.] (Entered: 09/07/2011)
|
|
Request |
|
|
|
| 29 |
Filed: 9/2/2011, Entered: None |
|
|
STATUS REPORT and Stipulation to Extend Stay filed by Plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Harris, David) [Transferred from California Central on 8/8/2012.] (Entered: 09/02/2011)
|
|
Request |
|
|
|
| 28 |
Filed: 3/29/2011, Entered: None |
|
|
SEALED DOCUMENT- State of Montana's Notice of Filing (mat) [Transferred from California Central on 8/8/2012.] (Entered: 04/06/2011)
|
|
|
|
|
|
| 27 |
Filed: 3/29/2011, Entered: None |
|
|
SEALED DOCUMENT- Order (mat) [Transferred from California Central on 8/8/2012.] (Entered: 04/06/2011)
|
|
|
|
|
|
| 26 |
Filed: 3/29/2011, Entered: None |
|
|
SEALED DOCUMENT- The State of Montana's Notice of Non-Intervention at this time.(mat) [Transferred from California Central on 8/8/2012.] (Entered: 04/06/2011)
|
|
|
|
|
|
| 25 |
Filed: 3/1/2011, Entered: None |
|
|
IT IS HEREBY ORDERED that: The case shall be stayed for 180 days, to and including 4 September 2011, pursuant to the Court's discretionary authority to grant a stay "to control the disposition of the causes on it's docket with economy of time and effort for itself, for counsel, and for the litigants." by Judge Jacqueline H. Nguyen, (bp) [Transferred from California Central on 8/8/2012.] (Entered: 03/01/2011)
|
|
Request |
|
|
|
| 24 |
Filed: 2/28/2011, Entered: None |
|
|
STATUS REPORT and Stipulation to Extend Stay filed by Plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Harris, David) [Transferred from California Central on 8/8/2012.] (Entered: 02/28/2011)
|
|
Request |
|
|
|
| 23 |
Filed: 1/19/2011, Entered: None |
|
|
FIRST AMENDED COMPLAINT FOR VIOLATION Of Federal False claims Act filed by Plaintiff James Garbe. (yl) (Main Document 23 replaced on 4/3/2012) (mat). Modified on 4/3/2012 (mat). (Additional attachment(s) added on 4/5/2012: # 1 summons) (bp). [Transferred from California Central on 8/8/2012.] (Entered: 02/07/2011)
|
|
Request |
|
|
|
| 22 |
Filed: 10/29/2010, Entered: None |
|
|
ORDER by Judge Jacqueline H. Nguyen: re Stipulation to Seal 21 . The case shall be stayed for 180 days, to and including 8 March 2011, pursuant to the Courts discretionary authority to grant a stay "to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for the litigants." Landis v. North American Co., 299 U.S. 248, 254, 57 S. Ct. 163, 166, 81 L. Ed. 153 (1936); CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962) (relying on Landis for authority to grant stay). The parties are ordered to file a status report by February 28, 2011. (ama) [Transferred from California Central on 8/8/2012.] (Entered: 10/29/2010)
|
|
Request |
|
|
|
| 21 |
Filed: 10/28/2010, Entered: None |
|
|
STIPULATION File the entire action Under Seal filed by plaintiff UNITED STATES OF AMERICA. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Declaration, # 6 Proposed Order)(Harris, David) [Transferred from California Central on 8/8/2012.] (Entered: 10/28/2010)
|
|
Request |
|
|
|
| 20 |
Filed: 9/13/2010, Entered: None |
|
|
Order Re: United States of America's Notice of Non-Intervention. (mat) Modified on 9/17/2010 (sm). [Transferred from California Central on 8/8/2012.] (Entered: 09/15/2010)
|
|
Request |
|
|
|
| 19 |
Filed: 9/9/2010, Entered: None |
|
|
Notice of the United States of America that is not Intervening at this Time. (mat) Modified on 9/17/2010 (sm). [Transferred from California Central on 8/8/2012.] (Entered: 09/13/2010)
|
|
Request |
|
|
|
| 18 |
Filed: 9/2/2010, Entered: None |
|
|
ORDER by Judge Jacqueline H. Nguyen, Denied for the Extending Seal and Intervention Election Period of Stipulation 16 . No good cause shown. (mat) [Transferred from California Central on 8/8/2012.] (Entered: 09/10/2010)
|
|
Request |
|
|
|
| 17 |
Filed: 8/26/2010, Entered: None |
|
|
SEALED DOCUMENT- MEMORANDUM of Points and Authorities in Support of Stipulation Extending Seal and Intervention Election Period; Declaration of David M. Harris.(mat) [Transferred from California Central on 8/8/2012.] (Entered: 08/31/2010)
|
|
|
|
|
|
| 16 |
Filed: 8/26/2010, Entered: None |
|
|
SEALED DOCUMENT- Stipulation Extending Seal and Intervention Election Period.(mat) [Transferred from California Central on 8/8/2012.] (Entered: 08/31/2010)
|
|
|
|
|
|
| 15 |
Filed: 2/24/2010, Entered: None |
|
|
SEALED DOCUMENT- Order Extending Seal and Intervention Election Period. (mat) [Transferred from California Central on 8/8/2012.] (Entered: 03/05/2010)
|
|
|
|
|
|
| 14 |
Filed: 2/19/2010, Entered: None |
|
|
SEALED DOCUMENT- MEMORANDUM of Points and Authorities in Support of Stipulation Extending Seal and Intervention Election Period.(lra) [Transferred from California Central on 8/8/2012.] (Entered: 02/23/2010)
|
|
|
|
|
|
| 13 |
Filed: 2/19/2010, Entered: None |
|
|
SEALED DOCUMENT- STIPULATION EXTENDING SEAL AND INTERVENTION ELECTION PERIOD(lra) [Transferred from California Central on 8/8/2012.] (Entered: 02/23/2010)
|
|
|
|
|
|
| 12 |
Filed: 12/16/2009, Entered: None |
|
|
ORDER OF THE CHIEF JUDGE (#09-074) approved by Acting Chief Judge George H. King. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDER of Judge Jacqueline Hong-Ngoc Nguyen and with the concurrence of the Case Management and Assignment Committee, this case is transferred from Judge Florence-Marie Cooper to the calendar of Judge Jacqueline H. Nguyen for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 08-04669 JHN(SHx). (sn) [Transferred from California Central on 8/8/2012.] (Entered: 12/23/2009)
|
|
Request |
|
|
|
| 11 |
Filed: 9/22/2009, Entered: None |
|
|
Order for Partial Lift of the Seal. (mat) Modified on 9/10/2010 (mat). [Transferred from California Central on 8/8/2012.] (Entered: 09/24/2009)
|
|
Request |
|
|
|
| 10 |
Filed: 9/21/2009, Entered: None |
|
|
Exparte Application for Partial Lift of the Seal; Memorandum of Points and Authorities; Declaration of David M. Harris. (mat) Modified on 9/10/2010 (mat). [Transferred from California Central on 8/8/2012.] (Entered: 09/22/2009)
|
|
Request |
|
|
|
| 9 |
Filed: 8/31/2009, Entered: None |
|
|
Stipulation and Order Extending Seal and Intervention Election Period. (mat) Modified on 9/10/2010 (mat). [Transferred from California Central on 8/8/2012.] (Entered: 09/02/2009)
|
|
Request |
|
|
|
| 8 |
Filed: 8/27/2009, Entered: None |
|
|
MEMORANDUM of Points and Authorities in Support Of Stipulation Extending Seal and Intervention election Period. (lra) Modified on 9/10/2010 (mat). [Transferred from California Central on 8/8/2012.] (Entered: 08/28/2009)
|
|
Request |
|
|
|
| 7 |
Filed: 3/6/2009, Entered: None |
|
|
Stipulation and Order Extending Seal and Intervention Election Period. (mat) Modified on 9/10/2010 (mat). [Transferred from California Central on 8/8/2012.] (Entered: 03/10/2009)
|
|
Request |
|
|
|
| 6 |
Filed: 3/4/2009, Entered: None |
|
|
MEMORANDUM of Points and Authorities in Support Of Stipulation Extending Seal and Intervention Election Period; Declaratio of David M. Harris. (lra) Modified on 9/10/2010 (mat). [Transferred from California Central on 8/8/2012.] (Entered: 03/09/2009)
|
|
Request |
|
|
|
| 5 |
Filed: 9/23/2008, Entered: None |
|
|
NOTICE (lra) Modified on 9/10/2010 (mat). [Transferred from California Central on 8/8/2012.] (Entered: 09/26/2008)
|
|
Request |
|
|
|
| 4 |
Filed: 9/9/2008, Entered: None |
|
|
STIPULATION AND ORDER EXTENDING SEAL AND INTERVENTION (lra) Modified on 9/10/2010 (mat). [Transferred from California Central on 8/8/2012.] (Entered: 09/19/2008)
|
|
Request |
|
|
|
| 3 |
Filed: 9/5/2008, Entered: None |
|
|
SEALED DOCUMENT - MEMORANDUM of Points and Authorities in Support of Stipulation Extending Seal and Intervention Election Period; Delcaration of Gary Plessman, filed (lra) [Transferred from California Central on 8/8/2012.] (Entered: 09/08/2008)
|
|
|
|
|
|
| 2 |
Filed: 7/16/2008, Entered: None |
|
|
CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff James Garbe. (et) (ds). (cbr). [Transferred from California Central on 8/8/2012.] (Entered: 07/22/2008)
|
|
Request |
|
|
|
| 1 |
Filed: 7/16/2008, Entered: None |
|
|
COMPLAINT against Defendant Kmart Corporation. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff James Garbe. (et) (Additional attachment(s) added on 7/22/2008: # 1 Notice of Assignment, # 2 Civil Cover Sheet) (ds). (cbr). Modified on 10/1/2008 (cbr). Modified on 9/17/2010 (sm). (Main Document 1 replaced on 9/20/2010) (sm). (Additional attachment(s) added on 9/20/2010: # 1 notice, # 2 cover sheet) (sm). [Transferred from California Central on 8/8/2012.] (Entered: 07/22/2008)
|
|
Request |
|
Update
Alerts
Jump