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Edelson PC v. Girardi et al, Docket No. 1:20-cv-07115 (N.D. Ill. Dec 02, 2020), Court Docket
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Edelson PC v. Girardi et al

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United States District Court
Northern District of Illinois - CM/ECF NextGen 1.6.3 (Chicago)
CIVIL DOCKET FOR CASE #: 1:20-cv-07115

Edelson PC v. Girardi et al

DOCKET INFORMATION
Minimize
Date Filed: Dec 2, 2020
Nature of suit:190 Contract: Other
Assigned to:Honorable Matthew F. Kennelly
Cause:28:1332 Diversity-Other Contract
Jurisdiction:Diversity
Jury demand:Both

Parties and Attorneys

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 Plaintiff
Edelson PC
Plaintiff
Representation
Alexander Glenn Tievsky
Edelson Pc
350 North LaSalle Street
14th Floor
Chicago, IL 60654
(312) 589-6370
atievsky@edelson.com
Fax: Active
ATTORNEY TO BE NOTICED
Angela Nicole Reilly
Edelson Pc
350 N Lasalle Drive
14th Floor
Chicago, IL 60654
(312) 589-6370
areilly@edelson.com
Fax: Not a member
ATTORNEY TO BE NOTICED
J. Eli Wade Scott
Edelson PC
350 North LaSalle Street
14th Floor
Chicago, IL 60654
(312) 242-0859
ewadescott@edelson.com
Fax: Active
ATTORNEY TO BE NOTICED
Rafey S. Balabanian
Edelson PC
150 California Street
18th Floor
San Francisco, CA 94111
(415) 212-9300
rbalabanian@edelson.com
Fax: Active
ATTORNEY TO BE NOTICED
Jay Edelson
Edelson PC
350 North LaSalle Street
14th Floor
Chicago, IL 60654
(312) 589-6375
jedelson@edelson.com
Fax: Not a member
ATTORNEY TO BE NOTICED

Defendant
Thomas Girardi
Defendant

Defendant
Girardi Keese
Defendant

Defendant
Erika Girardi
TERMINATED: 01/29/2022
Defendant

Defendant
EJ Global LLC
TERMINATED: 01/29/2022
Defendant

Defendant
Girardi Financial, Inc.
Defendant

 Defendant
David Lira
Defendant
Representation
Edith Rae Matthai
Robie & Matthai
350 S. Grand Ave
3950
Los Angeles, CA 90071
(213) 706-8000
ematthai@romalaw.com
Fax: Pro Hac Vice
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Christopher T. Sheean
Swanson, Martin & Bell LLP
330 N. Wabash Ave.
Suite 3300
Chicago, IL 60611
(312) 222-8559
csheean@smbtrials.com
Fax: Active
ATTORNEY TO BE NOTICED
Leigh Porter Robie
Robie & Matthai
350 S. Grand Ave
3950
Los Agneles, CA 90071
(213) 706-8000
lrobie@romalaw.com
Fax: Pro Hac Vice
ATTORNEY TO BE NOTICED

 Defendant
Keith Griffin
Defendant
Representation
Ryan Donald Saba
Rosen Saba, LLP
2301 Rosencrans Avenue
Suite 3180
El Segundo, CA 90245
(310) 285-1727
rsaba@rosensaba.com
Fax: Pro Hac Vice
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
John Andrew O'Donnell
Cassiday Schade LLP
222 W. Adams Street, Suite 2900
Chicago, IL 60606
(312) 641-3100
jodonnellsr@cassiday.com
United Sta
Fax: Active
ATTORNEY TO BE NOTICED

 Defendant
Johnston Hutchinson & Lira LLP
TERMINATED: 01/27/2021
Defendant
Representation
Caroline Kneafsey Vickrey
Johnson & Bell
33 W. Monroe
Chicago, IL 60603
(312) 984-0287
vickreyc@jbltd.com
Fax: Not a member
TERMINATED: 03/12/2021
Joseph R. Marconi
Johnson & Bell, Ltd.
33 West Monroe Street
Suite 2700
Chicago, IL 60603
(312) 372-0770
marconij@jbltd.com
Fax: Active
TERMINATED: 03/12/2021

Defendant
Robert Finnerty
TERMINATED: 01/08/2021
Defendant

Defendant
Abir Cohen Treyzon Salo, LLP
TERMINATED: 01/08/2021
Defendant

Defendant
California Attorney Lending II, Inc.
TERMINATED: 01/08/2021
Defendant

Defendant
Stillwell Madison, LLC
Defendant

Defendant
John Doe 1-10
Defendant

Docket Entries

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EntryFiledPDFDescription
1Dec 2, 2020ViewCOMPLAINT filed by Edelson PC; Jury Demand. Filing fee $ 402, receipt number 0752-17698245.(Edelson, Jay) (Entered: 12/02/2020)
2Dec 2, 2020ViewCIVIL Cover Sheet (Edelson, Jay) (Entered: 12/02/2020)
3Dec 2, 2020RequestATTORNEY Appearance for Plaintiff Edelson PC by Jay Edelson (Edelson, Jay) (Entered: 12/02/2020)
4Dec 2, 2020RequestATTORNEY Appearance for Plaintiff Edelson PC by Alexander Glenn Tievsky (Tievsky, Alexander) (Entered: 12/02/2020)
Dec 2, 2020CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (dxb, ) (Entered: 12/02/2020)
5Dec 10, 2020ViewMOTION by Plaintiff Edelson PC to sever claims against Stillwell Madison, LLC, MOTION by Plaintiff Edelson PC to dismiss severed action against Stillwell Madison, LLC with prejudice (Tievsky, Alexander) (Entered: 12/10/2020)
6Dec 11, 2020RequestMINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff wishes to dismiss its with prejudice its claims against one but not all of the defendants in this case. It proposes to sever the claims against that defendant--in other words, make those claims into a separate case--and then dismiss it. The Court questions the appropriateness of a severance under the applicable rules and wonders why plaintiff wishes to proceed in what seems to be the hard way rather than the much easier and common mechanism--a stipulation between plaintiff and the particular defendant for dismissal of the claims against that defendant, something that is done basically every day of the week in this courthouse and elsewhere. The Seventh Circuit case cited by plaintiff concerns only voluntary dismissal by the plaintiff alone and has no bearing on stipulated dismissals of particular claims or defendants. Plaintiff is directed to file a revised motion or a supplement explaining why the Court's suggested mechanism cannot be used. (mk) (Entered: 12/11/2020)
Dec 16, 2020SUMMONS Issued as to Defendants Abir Cohen Treyzon Salo, LLP, California Attorney Lending II, Inc., EJ Global LLC, Robert Finnerty, Erika Girardi, Thomas Girardi, Girardi Financial, Inc., Girardi Keese, Keith Griffin, Johnston Hutchinson & Lira LLP, David Lira. (ng, ) (Entered: 12/16/2020)
7Dec 17, 2020RequestATTORNEY Appearance for Defendant David Lira by Christopher T. Sheean (Sheean, Christopher) (Entered: 12/17/2020)
8Dec 18, 2020RequestMOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17758789. (Matthai, Edith) (Entered: 12/18/2020)
9Dec 18, 2020RequestATTORNEY Appearance for Defendant David Lira by Edith Rae Matthai (Matthai, Edith) (Entered: 12/18/2020)
10Dec 19, 2020RequestMINUTE entry before the Honorable Matthew F. Kennelly: Motion of Edith Matthai to appear pro hac vice 8 is granted. (mk) (Entered: 12/19/2020)
11Dec 28, 2020RequestMOTION by Defendant David Lira for extension of time to file answer Unopposed (Sheean, Christopher) (Entered: 12/28/2020)
12Dec 29, 2020RequestMINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion of David Lira for extension of time 11 is granted; response to complaint is to be filed by 1/28/2021. (mk) (Entered: 12/29/2020)
13Dec 29, 2020ViewSTIPULATION of Dismissal with prejudice of claims against Stillwell Madison, LLC (Tievsky, Alexander) (Entered: 12/29/2020)
14Dec 30, 2020ViewMINUTE entry before the Honorable Matthew F. Kennelly: Motion for entry of stipulated dismissal 13 is granted. Plaintiff's claims against defendant Stillwell Madison, LLC are dismissed with prejudice and without costs. Motion to sever and dismiss 5 is moot. (mk) (Entered: 12/30/2020)
15Dec 30, 2020RequestMOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17788756. (Robie, Leigh) (Entered: 12/30/2020)
16Dec 31, 2020RequestMINUTE entry before the Honorable Matthew F. Kennelly: Motion of Leigh Robie to appear pro hac vice 15 is granted. (mk) (Entered: 12/31/2020)
17Jan 4, 2021RequestATTORNEY Appearance for Defendant Keith Griffin by John Andrew O'Donnell (O'Donnell, John) (Entered: 01/04/2021)
18Jan 4, 2021RequestATTORNEY Appearance for Defendant Johnston Hutchinson & Lira LLP by Caroline Kneafsey Vickrey (Vickrey, Caroline) (Entered: 01/04/2021)
19Jan 4, 2021RequestMOTION by Defendant Johnston Hutchinson & Lira LLP for extension of time to file answer regarding complaint 1 (or Otherwise Plead) (Vickrey, Caroline) (Entered: 01/04/2021)
20Jan 5, 2021ViewMINUTE entry before the Honorable Matthew F. Kennelly: Defendant Johnston Hutchinson & Lira's unopposed motion for extension of time 19 is granted; response to complaint is to be filed by 1/28/2021. (mk) (Entered: 01/05/2021)
21Jan 5, 2021RequestATTORNEY Appearance for Defendant Johnston Hutchinson & Lira LLP by Joseph R. Marconi (Marconi, Joseph) (Entered: 01/05/2021)
22Jan 5, 2021RequestMOTION by Defendant Keith Griffin for extension of time to file answer regarding complaint 1 or otherwise plead (O'Donnell, John) (Entered: 01/05/2021)
23Jan 6, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Defendant Griffin's unopposed motion for extension of time 22 is granted; response to complaint is to be filed by 1/29/2021. (mk) (Entered: 01/06/2021)
24Jan 6, 2021RequestMOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17800941. for Keith Griffin (Saba, Ryan) (Entered: 01/06/2021)
25Jan 6, 2021RequestATTORNEY Appearance for Defendant Keith Griffin by Ryan Donald Saba (Saba, Ryan) (Entered: 01/06/2021)
26Jan 6, 2021RequestATTORNEY Appearance for Defendant Keith Griffin by Ryan Donald Saba Corrected (Saba, Ryan) (Entered: 01/06/2021)
27Jan 7, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Motion of Ryan D. Saba to appear pro hac vice 24 is granted. (mk) (Entered: 01/07/2021)
28Jan 7, 2021RequestSTIPULATION of Dismissal with prejudice of claims against Defendants Abir Cohen Treyzon Salo, LLP and Robert Finnerty (Tievsky, Alexander) (Entered: 01/07/2021)
29Jan 7, 2021ViewSTIPULATION of Dismissal without prejudice of claims against California Attorney Lending II, Inc. (Tievsky, Alexander) (Entered: 01/07/2021)
30Jan 8, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's claims against defendants Abir Cohen Treyzon Salo, LLP and Robert Finnerty are dismissed with prejudice pursuant to stipulation. Plaintiff's claims against defendant California Attorney Lending II, Inc. are dismissed without prejudice pursuant to stipulation. (mk) (Entered: 01/08/2021)
31Jan 26, 2021RequestSTIPULATION of Dismissal Stipulation to Dismiss Defendant Johnston, Hutchinson & Lira, LLP, Without Prejudice (Vickrey, Caroline) (Entered: 01/26/2021)
32Jan 26, 2021RequestMOTION by Defendant Keith Griffin for extension of time to answer or otherwise plead (Saba, Ryan) (Entered: 01/26/2021)
33Jan 26, 2021RequestMOTION by Defendant David Lira for extension of time to file answer regarding complaint 1 (Matthai, Edith) (Entered: 01/26/2021)
34Jan 27, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to stipulation, plaintiff's claims against defendant Johnston Hutchinson & Lira LLP are dismissed without prejudice. Motions by defendants Griffin and Lira for extension of time 32 33 are granted; due date for responses to complaint is extended to 2/12/2021. (mk) (Entered: 01/27/2021)
35Feb 4, 2021RequestSUMMONS Returned Executed by Edelson PC as to EJ Global LLC on 12/22/2020, answer due 1/12/2021. (Tievsky, Alexander) (Entered: 02/04/2021)
36Feb 4, 2021RequestSUMMONS Returned Executed by Edelson PC as to Girardi Financial, Inc. on 12/22/2020, answer due 1/12/2021. (Tievsky, Alexander) (Entered: 02/04/2021)
37Feb 4, 2021ViewSUGGESTION of Bankruptcy as to Thomas Girardi and Girardi Keese (Tievsky, Alexander) (Entered: 02/04/2021)
38Feb 4, 2021ViewMOTION by Plaintiff Edelson PC for entry of default as to EJ Global, LLC and Girardi Financial, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tievsky, Alexander) (Entered: 02/04/2021)
39Feb 5, 2021ViewMINUTE entry before the Honorable Matthew F. Kennelly: By no later than 2/16/2021, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 (a "status hearing," in local parlance) on 2/22/2021 at 9:20 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk) (Entered: 02/05/2021)
40Feb 5, 2021ViewMINUTE entry before the Honorable Matthew F. Kennelly: Motion for entry of default 38 is granted; defendants EJ Global, LLC and Girardi Financial, Inc. are held in default for failure to respond to the complaint following service of summons. (mk) (Entered: 02/05/2021)
41Feb 12, 2021ViewMOTION by Defendant Keith Griffin to dismiss for lack of jurisdiction (Saba, Ryan) (Entered: 02/12/2021)
42Feb 12, 2021ViewMOTION by Defendant Keith Griffin to dismiss for lack of jurisdiction Memorandum in Support of Motion (Attachments: # 1 Affidavit of Ryan Saba, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Affidavit of Keith Griffin)(Saba, Ryan) (Entered: 02/12/2021)
43Feb 12, 2021ViewMOTION by Defendant David Lira to dismiss for lack of standing, lack of venue and failure to state a claim (Sheean, Christopher) (Entered: 02/12/2021)
44Feb 12, 2021ViewMEMORANDUM by David Lira in support of motion to dismiss 43 (Attachments: # 1 Declaration David Lira, # 2 Exhibit Request for Judicial Notice)(Sheean, Christopher) (Entered: 02/12/2021)
45Feb 15, 2021RequestNOTICE by John Andrew O'Donnell of Change of Address (O'Donnell, John) (Entered: 02/15/2021)
46Feb 16, 2021RequestSTATUS Report (joint) by Edelson PC (Tievsky, Alexander) (Entered: 02/16/2021)
47Feb 19, 2021ViewDEFENDANT DAVID LIRA'S NOTICE OF ERRATA RE: DECLARATION OF DAVID LIRA IN SUPPORT OF MOTION TO DISMISS PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1), 12(b)(2), AND 12(b)(6) by David Lira (Robie, Leigh) (Entered: 02/19/2021)
48Feb 22, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/22/2021. The case is stayed as to defendants Girardi and Girardi Keese due to their filing of petitions for bankruptcy. The plaintiff's response regarding both motions to dismiss is to be filed by 3/22/2021. Defendants' replies are due 4/5/2021. The parties are directed to immediately confer regarding jurisdictional and venue discovery. Any motions relating to any dispute over jurisdictional discovery are to be filed by 3/4/2021. A telephonic status hearing is set for 3/5/2021 at 9:00 a.m. The following call in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) (Entered: 02/22/2021)
49Mar 4, 2021ViewMOTION by Plaintiff Edelson PC to take deposition of Keith Griffin and David Lira (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Tievsky, Alexander) (Entered: 03/04/2021)
50Mar 4, 2021RequestSEALED DOCUMENT by Plaintiff Edelson PC Declaration of David Lira filed provisionally under seal (Tievsky, Alexander) (Entered: 03/04/2021)
51Mar 4, 2021RequestSEALED DOCUMENT by Plaintiff Edelson PC Declaration of Keith Griffin filed provisionally under seal (Tievsky, Alexander) (Entered: 03/04/2021)
52Mar 4, 2021RequestSEALED DOCUMENT by Plaintiff Edelson PC Lion AIr settlement accounting filed provisionally under seal (Tievsky, Alexander) (Entered: 03/04/2021)
53Mar 4, 2021RequestCERTIFICATE of Service by Alexander Glenn Tievsky on behalf of Edelson PC regarding sealed document 50 , sealed document 51 , sealed document 52 (Tievsky, Alexander) (Entered: 03/04/2021)
54Mar 4, 2021RequestMOTION by Plaintiff Edelson PC to seal document sealed document 50 , sealed document 51 , sealed document 52 (Tievsky, Alexander) (Entered: 03/04/2021)
55Mar 5, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Motion to file documents under seal 54 is granted. (mk) (Entered: 03/05/2021)
56Mar 5, 2021RequestATTORNEY Appearance for Plaintiff Edelson PC by Rafey S. Balabanian (Balabanian, Rafey) (Entered: 03/05/2021)
57Mar 5, 2021RequestSEALED MOTION by Plaintiff Edelson PC (refiled as single docket entry at request of Court) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Tievsky, Alexander) (Entered: 03/05/2021)
58Mar 5, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 3/5/2021. Plaintiff has leave to file their motion to take deposition of Keith Griffin and David Lira 49 , in its entirety, under seal. Defendants' response is due 3/15/2021; plaintiff's reply is due 3/22/2021. A telephonic status and ruling on the motion hearings are set for 3/31/2021 at 9:20 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, ) (Entered: 03/05/2021)
59Mar 9, 2021ViewMOTION by Plaintiff Edelson PC to vacate briefing schedule on Defendants' motions to dismiss (Tievsky, Alexander) (Entered: 03/09/2021)
60Mar 10, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: The briefing schedule on defendants' motions to dismiss is vacated and will be reset once the Court rules on the pending dispute regarding jurisdictional discovery. (mk) (Entered: 03/10/2021)
61Mar 11, 2021RequestMOTION by Attorney Caroline K. Vickrey to withdraw as attorney for Johnston Hutchinson & Lira LLP. New address information: Johnston Hutchinson & Lira, LLP, 350 S. Grand Ave., Suite 2220, Los Angeles, CA 90071 (Attachments: # 1 Notification of Party Contact Information)(Vickrey, Caroline) (Entered: 03/11/2021)
62Mar 11, 2021RequestMOTION by Attorney Joseph R. Marconi to withdraw as attorney for Johnston Hutchinson & Lira LLP. New address information: Johnston Hutchinson & Lira, LLP, 350 S. Grand Ave., Suite 2220, Los Angeles, CA 90071 (Attachments: # 1 Notification of Party Contact Information)(Marconi, Joseph) (Entered: 03/11/2021)
63Mar 12, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Motions by Caroline Vickrey and Joseph Marconi o withdraw as attorneys for defendant Johnston Hutchinson & Lira LLP 61 62 are granted because the defendant has been dismissed as a party. (mk) (Entered: 03/12/2021)
64Mar 15, 2021RequestMEMORANDUM by Keith Griffin in Opposition to motion to take deposition 49 (Saba, Ryan) (Entered: 03/15/2021)
65Mar 15, 2021ViewRESPONSE by David Lirain Opposition to MOTION by Plaintiff Edelson PC to take deposition of Keith Griffin and David Lira 49 (Sheean, Christopher) (Entered: 03/15/2021)
66Mar 22, 2021RequestREPLY by Plaintiff Edelson PC to motion to take deposition 49 (Tievsky, Alexander) (Entered: 03/22/2021)
67Mar 30, 2021RequestMOTION by Plaintiff Edelson PC for leave to file supplemental authority (Attachments: # 1 Ford Motor Co. v. Montana Eighth Judicial District Court)(Tievsky, Alexander) (Entered: 03/30/2021)
68Mar 30, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status and motion hearing set for 3/31/2021 is vacacted and reset to 4/6/2021 at 9:40 AM. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk) (Entered: 03/30/2021)
69Mar 31, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Motion for leave to file supplemental authority 67 is granted. (mk) (Entered: 03/31/2021)
70Mar 31, 2021RequestMOTION by Defendant Keith Griffin for leave to file a response to Plaintiff's Supplemental Authority (Saba, Ryan) (Entered: 03/31/2021)
71Apr 1, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Defendant Griffin's motion for leave to file 70 is granted. (mk) (Entered: 04/01/2021)
72Apr 6, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and ruling on a motion hearing held on 4/6/2021. The motion to take the deposition 49 57 are denied as to defendant Griffin. The motions are taken under advisement as to defendant Lira. Response to Griffin's motion to dismiss 41 42 is due 4/27/2021; reply is due 5/11/2021. A telephonic status hearing is set for 4/27/2021 at 9:15 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, ) (Entered: 04/06/2021)
73Apr 11, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to take depositions 49 57 , which the Court previously denied as to defendant Keith Griffin, is now denied as to defendant David Lira as well. Lira has filed an affidavit in support of his motion to dismiss, see dkt. no. 44-1, but it addresses only one or two apparently undisputed matters, namely Lira's state of rresidence and his status as a salaried W-2 employee of Girardi Keese. Lira's motion to dismiss turns on other, legal issues, including whether plaintiff has standing; the legal sufficiency of the complaint's allegations to state a claim against Lira; the effect of the pending bankruptcy of Girardi Keese; Lira's entitlement to indemnification; and the appropriateness of venue. In addressing these points--in particular the fourth--the Court is called upon, at this point, to evaluate legal matters, including the nature and effect of plaintiff's allegations regarding Lira, the applicability of a California statute given those allegations, and the effect on the present case of Lira's claimed right to indemnification from Girardi Keese, a debtor in bankruptcy. Taking Lira's deposition is not called for given the issues before the Court. The briefing schedule on Lira's motion to dismiss will be the same as on defendant Griffin's motion to dismiss: plaintiff's response is to be filed by 4/27/2021, and defendant's reply is to be filed by 5/11/2021. The telephonic status hearing set for 4/27/2021 is vacated. (mk) (Entered: 04/11/2021)
74Apr 19, 2021RequestNOTICE by Rafey S. Balabanian of Change of Address (Balabanian, Rafey) (Entered: 04/19/2021)
75Apr 26, 2021RequestMOTION by Plaintiff Edelson PC for leave to file excess pages in opposition to David Lira's and Keith Griffin's motions to dismiss (Tievsky, Alexander) (Entered: 04/26/2021)
76Apr 27, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Plaintiffs' motion for leave to file a 25-page consolidated brief 75 is granted. (mk) (Entered: 04/27/2021)
77Apr 27, 2021ViewRESPONSE by Edelson PCin Opposition to MOTION by Defendant Keith Griffin to dismiss for lack of jurisdiction 41 , MOTION by Defendant David Lira to dismiss for lack of standing, lack of venue and failure to state a claim 43 (Attachments: # 1 Exhibit 1 (filed under seal), # 2 Exhibit 2 (redacted version), # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Tievsky, Alexander) (Entered: 04/27/2021)
78Apr 27, 2021RequestSEALED RESPONSE by Edelson PC to MOTION by Defendant Keith Griffin to dismiss for lack of jurisdiction 41 , MOTION by Defendant David Lira to dismiss for lack of standing, lack of venue and failure to state a claim 43 (documents sealed pursuant to dkt. 58) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Tievsky, Alexander) (Entered: 04/27/2021)
79Apr 27, 2021RequestCERTIFICATE of Service by Alexander Glenn Tievsky on behalf of Edelson PC regarding sealed response, 78 (Tievsky, Alexander) (Entered: 04/27/2021)
80May 11, 2021ViewREPLY by Defendant Keith Griffin to response in opposition to motion, 77 (Saba, Ryan) (Entered: 05/11/2021)
81May 11, 2021ViewREPLY by Defendant David Lira to motion to dismiss 43 (Attachments: # 1 Declaration David Lira Declaration in Support of Reply)(Matthai, Edith) (Entered: 05/11/2021)
82May 12, 2021ViewMOTION by Plaintiff Edelson PC for leave to file sur-reply to Defendant Keith Griffin's reply in support of his motion to dismiss 80 (Tievsky, Alexander) (Entered: 05/12/2021)
83May 12, 2021ViewMOTION by Plaintiff Edelson PC to strike reply 81 declaration of David Lira and portions of brief in reply that rely on that declaration (Tievsky, Alexander) (Entered: 05/12/2021)
84May 13, 2021ViewMINUTE entry before the Honorable Matthew F. Kennelly: Motions to strike 83 and for leave to file surreply 82 are set for hearing on 5/21/2021 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. Any written response to the motion is to be filed by 5/19/2021. (mk) (Entered: 05/13/2021)
85May 19, 2021ViewRESPONSE by Keith Griffinin Opposition to MOTION by Plaintiff Edelson PC for leave to file sur-reply to Defendant Keith Griffin's reply in support of his motion to dismiss 80 82 (Saba, Ryan) (Entered: 05/19/2021)
86May 19, 2021ViewMOTION by Plaintiff Edelson PC for leave to file supplemental authority (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Tievsky, Alexander) (Entered: 05/19/2021)
87May 19, 2021ViewRESPONSE by David Lirain Opposition to MOTION by Plaintiff Edelson PC to strike reply 81 declaration of David Lira and portions of brief in reply that rely on that declaration 83 (Matthai, Edith) (Entered: 05/19/2021)
88May 21, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 5/21/2021. The plaintiff's motion to file a surreply 82 is denied due to the issue on which a surreply was requested has been forfeited. The reply and supporting materials filed by Mr. Lira are withdrawn. The defendant has leave to file a revised reply by 5/28/2021. Plaintiff's motion to strike 83 is terminated as moot for the reasons stated on the record. Mailed notice. (mma, ) (Entered: 05/21/2021)
89May 27, 2021ViewREPLY by David Lira to MOTION by Defendant David Lira to dismiss for lack of standing, lack of venue and failure to state a claim 43 Amended Reply ISO Motion to Dismiss (Matthai, Edith) (Entered: 05/27/2021)
90May 27, 2021ViewRESPONSE by David Lirain Opposition to MOTION by Plaintiff Edelson PC for leave to file supplemental authority 86 (Matthai, Edith) (Entered: 05/27/2021)
91Jul 19, 2021ViewMEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 7/19/2021: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court denies Griffin's motion to dismiss [dkt. no. 41] and grants Lira's motion to dismiss [dkt. no. 43] in part, staying litigation on Count 1 (Unjust Enrichment - Constructive Trust) under 11 U.S.C. ?? 362(a)(3) unless and until the conclusion of the Girardi and Girardi Keese bankruptcy proceedings or until the bankruptcy court orders otherwise. Both defendants are directed to answer all remaining claims by no later than August 9, 2021. Rule 26(a)(1) disclosures, unless already made, are to be made by August 16, 2021. The parties are directed to confer and attempt to agree upon a discovery and pretrial schedule and are to file by August 23, 2021 a joint status report setting out an agreed schedule or alternative proposed schedules. The case is set for a telephone status hearing on August 31, 2021 at 8:45 a.m., using call-in number 888-684-8852, access code 746-1053, though the Court reserves the right to vacate the status hearing if it determines a hearing is not needed. Counsel should wait for the case to be called before announcing themselves. (mk) (Entered: 07/19/2021)
92Aug 9, 2021ViewANSWER to Complaint with Jury Demand by Keith Griffin(Saba, Ryan) (Entered: 08/09/2021)
93Aug 9, 2021ViewANSWER to Complaint with Jury Demand by David Lira(Matthai, Edith) (Entered: 08/09/2021)
94Aug 23, 2021RequestSTATUS Report (joint) by Edelson PC (Tievsky, Alexander) (Entered: 08/23/2021)
95Aug 30, 2021ViewMOTION by Defendant Keith Griffin for judgment on the pleadings (Attachments: # 1 Affidavit of Ryan Saba, # 2 Exhibit 1, # 3 Exhibit 2)(Saba, Ryan) (Entered: 08/30/2021)
96Aug 30, 2021RequestATTORNEY Appearance for Plaintiff Edelson PC by J. Eli Wade Scott (Wade Scott, J.) (Entered: 08/30/2021)
97Aug 31, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/31/2021. Defendant Griffin's motion for judgment on the pleadings 95 is denied without prejudice, pursuant to the filing of a proper motion for summary judgment. Deadline for amending the pleadings and adding parties is 2/25/2022. The deadline for completing fact discovery is 3/28/2022. The deadline for Rule 26(a)(1) disclosures is 4/22/2022. Deadline for rebuttal Rule 26(a)(2) disclosures is 5/27/2022. The expert discovery deadline is 7/11/2022. The dispositive motion deadline is 7/25/2022. A telephonic status hearing is set for 11/3/2021 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, ) (Entered: 08/31/2021)
98Nov 3, 2021RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 11/3/2021 and continued to 1/6/2022 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. By no later than 12/30/2021, the parties are directed to file a detailed joint status report regarding discovery. Mailed notice. (mma, ) (Entered: 11/03/2021)
99Nov 18, 2021RequestNOTICE by Ryan Donald Saba of Change of Address (Saba, Ryan) (Entered: 11/18/2021)
100Dec 6, 2021RequestATTORNEY Appearance for Plaintiff Edelson PC by Angela Nicole Reilly (Reilly, Angela) (Entered: 12/06/2021)
101Dec 30, 2021RequestSTATUS Report Joint by Edelson PC (Wade Scott, J.) (Entered: 12/30/2021)
102Jan 3, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Based on the parties' joint status report, the telephonic status hearing set for 1/6/2022 is vacated and reset to 2/28/2022 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. A detailed status report regarding discovery (including details on what remains to be done) is to be filed on 2/22/2022. (mk) (Entered: 01/03/2022)
103Jan 18, 2022RequestMOTION by Plaintiff Edelson PC for Leave to Serve Erika Girardi (Attachments: # 1 Exhibit 1, # 2 Declaration of Alexander Tievsky)(Tievsky, Alexander) (Entered: 01/18/2022)
104Jan 19, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to serve Erika Girardi with summons 103 , which amounts to a motion to extend the time for service on Ms. Girardi, is set for a telephonic hearing on 1/26/2022 at 9:00 AM, using call-in number 888-684-8852, access code 746-1053. Plaintiff is directed to promptly transmit a copy of this order to the attorney(s), if any, who plaintiff understands to be representing Ms. Girardi in this matter or the bankruptcy matter referenced in the motion. (mk) (Entered: 01/19/2022)
105Jan 20, 2022RequestMOTION by Plaintiff Edelson PC for Entry of Agreed Confidentiality Order (Wade Scott, J.) (Entered: 01/20/2022)
106Jan 21, 2022RequestCONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 1/21/2022: Agreed motion for entry of confidentiality order is granted 105 . (mk) (Entered: 01/21/2022)
107Jan 26, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 1/26/2022. Plaintiff's motion for leave to serve Erika Girardi 103 is terminated without prejudice for the reasons stated on the record. Mailed notice. (mma, ) (Entered: 01/26/2022)
108Jan 28, 2022ViewSTIPULATION of Dismissal without prejudice of claims against Defendants Erika Girardi and EJ Global LLC (Wade Scott, J.) (Entered: 01/28/2022)
109Jan 29, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to stipulation, plaintiff's claims against defendants EJ Global LLC and Erika Girardi are dismissed without prejudice and without costs. (mk) (Entered: 01/29/2022)
110Feb 22, 2022RequestSTATUS Report JOINT by Edelson PC (Wade Scott, J.) (Entered: 02/22/2022)
111Feb 24, 2022RequestMOTION by Plaintiff Edelson PC for extension of time to amend (Wade Scott, J.) (Entered: 02/24/2022)
112Feb 28, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/28/2022. Deadline for any motions to compel relating to written discovery is 3/14/2022. A telephonic status hearing is set for 3/21/2022 at 9:15 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) (Entered: 02/28/2022)
113Mar 14, 2022RequestMOTION by Plaintiff Edelson PC to compel Defendant Lira (Attachments: # 1 Declaration Declaration of J. Eli Wade-Scott, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J)(Wade Scott, J.) (Entered: 03/14/2022)
114Mar 14, 2022RequestMOTION by Plaintiff Edelson PC to compel Defendant Griffin (Attachments: # 1 Declaration Declaration of J. Eli Wade-Scott, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J (filed under seal), # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M (filed under seal))(Wade Scott, J.) (Entered: 03/14/2022)
115Mar 14, 2022RequestMOTION by Plaintiff Edelson PC to seal Exhibits to Motion to Compel Defendant Griffin (Wade Scott, J.) (Entered: 03/14/2022)
116Mar 14, 2022RequestSEALED MOTION by Plaintiff Edelson PC to Compel Defendant Griffin (Attachments: # 1 Declaration Declaration of J. Eli Wade-Scott, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M)(Wade Scott, J.) (Entered: 03/14/2022)
117Mar 14, 2022RequestCERTIFICATE of Service by J. Eli Wade Scott on behalf of Edelson PC regarding SEALED MOTION by Plaintiff Edelson PC to Compel Defendant Griffin 116 (Wade Scott, J.) (Entered: 03/14/2022)
118Mar 14, 2022RequestMOTION by Defendant David Lira to compel Further Responses to Requests for Admissions and Requests for Production of Documents from Plaintiff Edelson PC (Attachments: # 1 Affidavit of Leigh Robie, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Robie, Leigh) (Entered: 03/14/2022)
119Mar 14, 2022RequestMOTION by Defendant David Lira for protective order , MOTION by Defendant David Lira to quash Subpoenas (Attachments: # 1 Affidavit of Leigh Robie, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12)(Robie, Leigh) (Entered: 03/14/2022)
120Mar 14, 2022RequestRequest for Judicial Notice by David Lira In Support of Motion to Quash Subpoenas and Motion for Protective Order (Attachments: # 1 Exhibit 13, # 2 Exhibit 14)(Robie, Leigh) (Entered: 03/14/2022)
121Mar 15, 2022RequestMOTION by Defendant Keith Griffin for summary judgment or partial summary judgment (Attachments: # 1 Memorandum of Law, # 2 Declaration of Keith Griffin, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Declaration of Ryan Saba, # 6 Exhibit 3 - Under Seal, # 7 Exhibit 4, # 8 Statement of Material Fact)(Saba, Ryan) (Entered: 03/15/2022)
122Mar 15, 2022RequestSEALED EXHIBIT by Defendant Keith Griffin Exhibit 3 regarding MOTION by Defendant Keith Griffin for summary judgment or partial summary judgment 121 (Saba, Ryan) (Entered: 03/15/2022)
123Mar 15, 2022RequestMOTION by Defendant Keith Griffin to seal document exhibit 122 (Saba, Ryan) (Entered: 03/15/2022)
124Mar 15, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Motion to file exhibits to motion to compel under seal 115 is granted. Plaintiff is directed to file a complete version of the motion, including all exhibits, under seal unless plaintiff has already done so. Responses to discovery-related motions 119 118 116 114 113 are to be filed by 3/18/2022. Telephonic hearing on those motions is set for 3/21/2022 at 9:45 AM, using call-in number 888-684-8852, access code 746-1053. Telephonic status hearing set for 9:15 AM on 3/21/2022 is moved to 9:45 AM on that date. (mk) (Entered: 03/15/2022)
125Mar 18, 2022RequestMEMORANDUM by Keith Griffin in Opposition to motion to compel, 114 (Attachments: # 1 Declaration of Keith Griffin)(Saba, Ryan) (Entered: 03/18/2022)
126Mar 18, 2022RequestRESPONSE by Edelson PC to MOTION by Defendant David Lira to compel Further Responses to Requests for Admissions and Requests for Production of Documents from Plaintiff Edelson PC 118 (Wade Scott, J.) (Entered: 03/18/2022)
127Mar 18, 2022RequestRESPONSE by Edelson PC to MOTION by Defendant David Lira for protective order MOTION by Defendant David Lira to quash Subpoenas 119 (Attachments: # 1 Exhibit A)(Wade Scott, J.) (Entered: 03/18/2022)
128Mar 18, 2022RequestRESPONSE by David Lirain Opposition to MOTION by Plaintiff Edelson PC to compel Defendant Lira 113 to Produce Additional Documents and to Provide Additional Information Regarding His Privilege Log (Attachments: # 1 Declaration of Leigh Robie, # 2 Exhibit 1)(Robie, Leigh) (Entered: 03/18/2022)
129Mar 21, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 3/21/2022. Plaintiff's motion to compel defendant Griffin 114 116 and motion to compel defendant Lira 113 are granted in part and denied in part as stated on the record. Defendant's motion for protective order 119 is denied. Defendant Lira's motion to compel 118 is denied. Any documents obtained by any party pursuant to subpoena are to be promptly turned over to all other parties. By no later than 3/28/2022, the parties are directed to file a joint status report regarding an appropriate briefing schedule on the defendants' summary judgment motions and a revised discovery schedule. Plaintiff's motion for extension of time 111 is granted. Deadline for motions to amend the pleadings and adding parties is extended to 4/4/2022. A telephonic status hearing is set for 5/5/2022 at 8:40 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) (Entered: 03/21/2022)
130Mar 25, 2022RequestMOTION by Defendant David Lira for summary judgment or Partial Summary Judgment (Attachments: # 1 Memorandum of Law, # 2 Declaration of David R. Lira, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Declaration of Leigh Robie, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Statement of Material Facts)(Robie, Leigh) (Entered: 03/25/2022)
131Mar 25, 2022RequestSEALED EXHIBIT by Defendant David Lira Exhibit 3 regarding MOTION by Defendant David Lira for summary judgment or Partial Summary Judgment 130 (Robie, Leigh) (Entered: 03/25/2022)
132Mar 25, 2022RequestMOTION by Defendant David Lira to seal document exhibit 131 (Robie, Leigh) (Entered: 03/25/2022)
133Mar 28, 2022RequestSTATUS Report Joint by Edelson PC (Wade Scott, J.) (Entered: 03/28/2022)
134Mar 29, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. Plaintiff's response to defendants' motions for summary judgment is to be filed by 4/22/2022; defendants' replies are to be filed by 5/6/2022. Regarding the discovery schedule, the Court is extending the current deadlines by 60 days. This is without prejudice to a request for a further extension if the Court allows filing of an amended complaint following receipt of the anticipated motion to amend on which the filing deadline remains 4/4/2022. The new discovery deadlines are as follows. Fact discovery is to be completed by 5/27/2022. Rule 26(a)(2) disclosures by the part with the burden of proof on an issue are to be served by 6/21/2022. Rebuttal Rule 26(a)(2) disclosures are to be served by 7/26/2022. The deadline for completing expert depositions is 9/9/2022. The deadline for filing dispositive motions is 9/23/2022. (mk) (Entered: 03/29/2022)
135Apr 4, 2022RequestSEALED MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint (Attachments: # 1 Exhibit Proposed Amended Complaint)(Tievsky, Alexander) (Entered: 04/04/2022)
136Apr 4, 2022RequestMOTION by Plaintiff Edelson PC for leave to file First Amended Complaint (Attachments: # 1 Exhibit Proposed Amended Complaint)(Tievsky, Alexander) (Entered: 04/04/2022)
137Apr 4, 2022RequestMOTION by Plaintiff Edelson PC to seal document SEALED MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint 135 (Tievsky, Alexander) (Entered: 04/04/2022)
138Apr 4, 2022RequestCERTIFICATE of Service by Alexander Glenn Tievsky on behalf of Edelson PC regarding SEALED MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint 135 (Tievsky, Alexander) (Entered: 04/04/2022)
139Apr 5, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Motions by Griffin 123 , Lira 132 , and Edelson PC 137 to file materials under seal are granted. Complete versions, including all exhibits, are to be filed under seal, and redacted versions are to be filed in the public record. Response to plaintiff's motion for leave to file amended complaint 136 is to be filed by 4/11/2022. Telephonic hearing on motion is set for 4/14/2022 at 9:05 AM, using call-in number 888-684-8852, access code 746-1053. The Court reserves the right to vacate the hearing if it determines a hearing is not needed. (mk) (Entered: 04/05/2022)
140Apr 8, 2022RequestMOTION by Plaintiff Edelson PC for extension of time to file response/reply as to motion for summary judgment, 130 , motion for summary judgment, 121 (unopposed) (Tievsky, Alexander) (Entered: 04/08/2022)
141Apr 9, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of time to file 140 is granted. Due date for summary judgment response is extended to 4/29/2022; date for reply is extended to 5/20/2022. (mk) (Entered: 04/09/2022)
142Apr 11, 2022RequestRESPONSE by Keith Griffinin Opposition to MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint 136 (Saba, Ryan) (Entered: 04/11/2022)
143Apr 11, 2022RequestRESPONSE by David Lirain Opposition to MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint 136 , SEALED MOTION by Plaintiff Edelson PC for leave to file First Amended Complaint 135 (Robie, Leigh) (Entered: 04/11/2022)
144Apr 12, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic motion hearing set for 9:05 AM on 4/14/2022 is moved back to 10:20 AM on that date due to the Court's unavailability at the earlier time. This is a time change only. (mk) (Entered: 04/12/2022)
145Apr 13, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: When the Court granted defendants Griffin and Lira leave file their summary judgment submissions (or parts thereof) under seal, the Court specifically conditioned this on their filing of complete (i.e. not piecemeal) versions under seal, including all exhibits, and redacted versions in the public record. See dkt. entry 139, dated 4/5/2022. Neither Griffin nor Lira complied; their sealed submissions are piecemeal submissions that omit at least one exhibit. The Court will strike both defendants' summary judgment motions unless they comply with the Court's 4/5/2022 order within the next hour, that is, by 2:00 PM CT today. (mk) (Entered: 04/13/2022)
146Apr 13, 2022RequestSEALED MOTION by Defendant Keith Griffin (Attachments: # 1 Memorandum of Law, # 2 Declaration of Keith Griffin, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Declaration of Ryan Saba, # 6 Exhibit 3, # 7 Statement of Material Fact)(Saba, Ryan) (Entered: 04/13/2022)
147Apr 13, 2022RequestNOTICE by Keith Griffin re text entry,, 145 Notice of Compliance with Court Order 139 and 145 (Saba, Ryan) (Entered: 04/13/2022)
148Apr 13, 2022RequestMOTION by Defendant David Lira for summary judgment (Robie, Leigh) (Entered: 04/13/2022)
149Apr 13, 2022RequestNOTICE by David Lira re order on motion to seal document,,,,,,,,, terminate motions,,, set motion and R&R deadlines/hearings,, 139 , text entry,, 145 Notice of Compliance with Court Order 139 and 145 (Robie, Leigh) (Entered: 04/13/2022)
150Apr 13, 2022RequestNOTICE by David Lira re order on motion to seal document,,,,,,,,, terminate motions,,, set motion and R&R deadlines/hearings,, 139 , text entry,, 145 Amended Notice of Compliance with Court Order 139 and 145 (Matthai, Edith) (Entered: 04/13/2022)
151Apr 14, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 4/14/2022. Plaintiff's motion for leave to file an amended complaint 135 136 is entered and continued pending ruling on the defendants' motions for summary judgment. Plaintiff's response to the defendants' motions for summary judgment is due 5/6/2022; defendants' reply is due 5/20/2022. A telephonic status and possible ruling hearings are set for 6/17/2022 at 9:00 am. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) (Entered: 04/14/2022)
152May 3, 2022RequestMOTION by Plaintiff Edelson PC for extension of time to file response/reply as to motion for summary judgment, 130 , motion for summary judgment, 121 to and including May 13, 2022 (Tievsky, Alexander) (Entered: 05/03/2022)
153May 6, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for extension of time is granted. Due date for response(s) to summary judgment motions is extended to 5/13/2022. Due date for replies is extended to 5/27/2022. (mk) (Entered: 05/06/2022)
154May 13, 2022RequestMOTION by Defendant David Lira for extension of time to complete discovery (Robie, Leigh) (Entered: 05/13/2022)
155May 13, 2022RequestMOTION by Plaintiff Edelson PC for leave to file excess pages Plaintiff's Motion for Leave to File Overlength Brief and Statement of Additional Facts (Tievsky, Alexander) (Entered: 05/13/2022)
156May 13, 2022RequestMOTION by Plaintiff Edelson PC to seal Plaintiff's Motion to File Under Seal Portions of Response in Opposition to Defendants' Motions for Summary Judgement and Portions of Accompanying Documents (Tievsky, Alexander) (Entered: 05/13/2022)
157May 13, 2022RequestSEALED RESPONSE by Edelson PC to MOTION by Defendant Keith Griffin for summary judgment or partial summary judgment 121 , MOTION by Defendant David Lira for summary judgment 148 , MOTION by Defendant David Lira for summary judgment or Partial Summary Judgment 130 , SEALED MOTION by Defendant Keith Griffin 146 (Attachments: # 1 Response to Griffin's SOF, # 2 Response to Lira's SOF, # 3 Plaintiff's Statement of Additional Facts, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30, # 34 Exhibit 31, # 35 Exhibit 32, # 36 Exhibit 33, # 37 Exhibit 34, # 38 Exhibit 35)(Tievsky, Alexander) (Entered: 05/13/2022)
158May 13, 2022RequestRESPONSE by Plaintiff Edelson PC to motion for summary judgment, 121 , motion for summary judgment 148 , motion for summary judgment, 130 , Sealed motion, 146 (Attachments: # 1 Response to Griffin's SOF, # 2 Response to Lira's SOF, # 3 Plaintiff's Statement of Additional Material Facts, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit)(Tievsky, Alexander) (Entered: 05/13/2022)
159May 17, 2022RequestMINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for leave to file excess pages and additional statements of fact 155 is granted. Plaintiff's motion to file under seal 156 is granted. A redacted version of plaintiff's submissions is to be filed in the public record, and a complete and unredacted version, including all exhibits (not just the sealed exhibits) is to be filed under seal. In addition, due to the size of the submission, plaintiff is to deliver to chambers (Room 2188) a USB drive containing the complete and unredacted version of its summary judgment submission, with exhibit exhibit bookmarked (tabbed). In addition, on defendant Lira's motion to extend the discovery schedule, the current discovery schedule is stayed pending consideration of the motions for summary judgment and the previously filed motion to amend. This is consistent with the Court's stated intention at the 4/14/2022 hearing to defer ruling on the motion to amend and consider the defendants' motions for summary judgment before addressing the motion to amend and the possibility of transfer to another district. (mk) (Entered: 05/17/2022)

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