Multidistrict Litigation: Member Cases

Case Date Filed Short Name

09-cv-02293 12/08/09 Zanetti v. IKO Manufacturing, Inc.

Date Filed	No.	Docket Text
04/29/09	1	COMPLAINT against IKO MANUFACTURING, INC. (Filing fee $350 receipt number 2506433.) JURY DEMAND., filed by DEBRA ZANETTI. (Attachments: # 1 Summons)(kd) (Entered: 04/30/2009)
04/30/09	2	SUMMONS ISSUED as to IKO MANUFACTURING, INC. with answer to complaint due within 20 days. (SUMMONS MAILED TO COUNSEL) (kd) (Entered: 04/30/2009)
06/01/09	3	AMENDED DOCUMENT by DEBRA ZANETTI.. (WEINKOWITZ, MICHAEL) (Entered: 06/01/2009)
06/01/09		CLERK'S QUALITY CONTROL MESSAGE: the Amended Complaint (doc #3) filed by M. Weinkowitz on 6/1/09 was submitted incorrectly as an Amended Document. Please resubmit the Amended Complaint using the correct event code which can be found under Complaints and Other Initiating Documents (Amended Complaint). This submission will remain on the docket unless otherwise ordered by the court. (jd, ) (Entered: 06/01/2009)
06/01/09	4	AMENDED COMPLAINT against IKO MANUFACTURING, INC., filed by DEBRA ZANETTI.(WEINKOWITZ, MICHAEL) (Entered: 06/01/2009)
06/04/09	5	MOTION for Leave to Appear Pro Hac Vice as to Charles Schaffer by DEBRA ZANETTI. (Attachments: # 1 p/o)(jd, ) (Entered: 06/04/2009)
06/04/09	6	MOTION for Leave to Appear Pro Hac Vice as to Arnold Levin by DEBRA ZANETTI. (Attachments: # 1 p/o)(jd, ) (Entered: 06/04/2009)
06/04/09		Set Deadlines as to 6 MOTION for Leave to Appear Pro Hac Vice, 5 MOTION for Leave to Appear Pro Hac Vice. Motion set for 7/13/2009 10:00 AM before Judge Dickinson R. Debevoise. (jd, ) (Entered: 06/04/2009)
06/26/09	7	Application and Proposed Order for Clerk's Order to extend time to answer as to Defendant IKO Manufacturing, Inc.. Attorney VANESSA M. KELLY and VANESSA M. KELLY for IKO MANUFACTURING, INC. added. (KELLY, VANESSA) (Entered: 06/26/2009)
06/29/09		CLERK'S TEXT ORDER: Application (doc #7) for an extension of time is granted. Answer Due 7/14/09 as to IKO Manufacturing, Inc. (jd, ) (Entered: 06/29/2009)
07/06/09	8	ORDER granting 5 Motion for Leave to Appear Pro Hac Vice; granting 6 Motion for Leave to Appear Pro Hac Vice as to Arnold Levin and Charles E. Schaffer. Signed by Magistrate Judge Michael A. Shipp on 7/2/09. (jd, ) (Entered: 07/06/2009)
07/10/09	9	MOTION for Extension of Time to File Answer or otherwise respond to Amended Complaint by IKO MANUFACTURING, INC.. (KELLY, VANESSA) (Entered: 07/10/2009)
07/10/09	10	MOTION for Extension of Time to File Answer re 9 MOTION for Extension of Time to File Answer or otherwise respond to Amended Complaint Certification of Vanessa M. Kelly In Support of Motion by IKO MANUFACTURING, INC.. (KELLY, VANESSA) (Entered: 07/10/2009)
07/10/09	11	CERTIFICATE OF SERVICE by IKO MANUFACTURING, INC. re 10 MOTION for Extension of Time to File Answer re 9 MOTION for Extension of Time to File Answer or otherwise respond to Amended Complaint Certification of Vanessa M. Kelly In Support of Motion MOTION for Extension of Time to File Answer re 9 MOTION for Extension of Time to File Answer or otherwise respond to Amended Complaint Certification of Vanessa M. Kelly In Support of Motion, 9 MOTION for Extension of Time to File Answer or otherwise respond to Amended Complaint (KELLY, VANESSA) (Entered: 07/10/2009)
07/10/09	12	Certification on behalf of IKO MANUFACTURING, INC. Re 9 Motion for Extension of Time to File Answer, 11 Certificate of Service,,. (KELLY, VANESSA) (Entered: 07/10/2009)
07/10/09		CLERK'S NOTE: please disregard document #10 & see document #12 (as per counsel). (sr, ) (Entered: 07/10/2009)
07/10/09		Set Deadlines as to 9 MOTION for Extension of Time to File Answer or otherwise respond to Amended Complaint. Motion set for 8/17/2009 before Judge Dickinson R. Debevoise. (jd, ) (Entered: 07/10/2009)
07/14/09	13	ORDER granting 9 Motion for Extension of Time to Answer; Deft IKO's answer or responsive pleading is due 8/13/09. Signed by Judge Dickinson R. Debevoise on 7/14/09. (jd, ) (Entered: 07/14/2009)
08/11/09	14	Second MOTION for Extension of Time to File Answer by IKO MANUFACTURING, INC.. (Attachments: # 1 Certification in Support of Extension of Time, # 2 Text of Proposed Order, # 3 Certificate of Service)(KELLY, VANESSA) (Entered: 08/11/2009)
08/11/09		Set Deadlines as to 14 Second MOTION for Extension of Time to File Answer. Motion set for 9/8/2009 before Judge Dickinson R. Debevoise. (jd, ) (Entered: 08/11/2009)
08/17/09	15	STIPULATION for Second Amended Class Action Complaint by DEBRA ZANETTI. (Attachments: # 1 2nd Amended Complaint)(WEINKOWITZ, MICHAEL) (Entered: 08/17/2009)
08/18/09	16	STIPULATION AND ORDER that Pltfs may file a Second Amended Class Action Complaint, etc. Signed by Judge Dickinson R. Debevoise on 8/18/09. (jd, ) (Entered: 08/18/2009)
08/18/09	17	AMENDED COMPLAINT SECOND AMENDED COMPLAINT against all plaintiffs all plaintiffs., filed by DEBRA ZANETTI.(WEINKOWITZ, MICHAEL) (Entered: 08/18/2009)
08/18/09		CLERK'S NOTE: Please disregard doc #17, counsel to refile. (jd, ) (Entered: 08/18/2009)
08/18/09	18	AMENDED COMPLAINT Second Amended Complaint against all defendants all defendants., filed by DEBRA ZANETTI.(WEINKOWITZ, MICHAEL) (Entered: 08/18/2009)
09/06/09	19	ORDER granting 14 Motion for Extension of Time to Answer until 30 days after the Judicial Panel on MDL has issued its ruling on the location of the consolidated cases. Deft shall e-file a status letter by 9/30/09. Signed by Magistrate Judge Michael A. Shipp on 9/3/09. (jd, ) (Entered: 09/06/2009)
09/18/09	20	Request for Summons to be Issued by DEBRA ZANETTI as to IKO MANUFACTURING, INC., IKO Industries, Ltd., IKO Sales, Ltd., IKO Pacific, Inc., IKO Chicago, Inc.. (WEINKOWITZ, MICHAEL) (Entered: 09/18/2009)
09/18/09	21	SUMMONS ISSUED as to IKO Industries, Ltd., IKO Sales, Ltd., IKO Pacific, Inc., IKO Chicago, Inc. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By DARLENE CARR (dc, ) (Entered: 09/21/2009)
09/23/09	22	Joint MOTION to Stay Pending Decision By the Judicial Panel on Multi District Litigation by IKO MANUFACTURING, INC.. (Attachments: # 1 Brief in Support of Joint Motion to Stay, # 2 Text of Proposed Order Granting Joint Motion to Stay)(KELLY, VANESSA) (Entered: 09/23/2009)
09/23/09		Set Deadlines as to 22 Joint MOTION to Stay Pending Decision By the Judicial Panel on Multi District Litigation. Motion set for 10/19/2009 before Judge Dickinson R. Debevoise. (jd, ) (Entered: 09/23/2009)
09/30/09	23	STATUS REPORT Re Proceedings Pending Before the Judical Panel on Multidistrict Litigation by IKO MANUFACTURING, INC.. (KELLY, VANESSA) (Entered: 09/30/2009)
10/13/09	24	ORDER granting 22 Motion to Stay proceedings pending decision by the Judicial Panel on Multidistrict Litigation, etc. Signed by Judge Dickinson R. Debevoise on 10/13/09. (jd, ) (Entered: 10/13/2009)
12/08/09	25	Order of MDL Panel transferring case to the Central District of Illinois. (ji, ) (Entered: 12/08/2009)
12/08/09	26	Case transferred in from District of New Jersey; Case Number 2:09-cv-02017. and certified copy of transfer order and docket sheet received. (Entered: 12/08/2009)
12/10/09	27	MDL ORDER #1 entered by Chief Judge Michael P. McCuskey on 12/10/2009. Practice and Procedure Order upon Transfer Pursuant to 28 USC § 1407(a).(MT, ilcd) (Entered: 12/10/2009)
12/17/09	28	MDL ORDER #2 entered by Chief Judge Michael P. McCuskey on 12/17/2009. Status Conference set for 2/17/2010 01:30 PM in Courtroom A in Urbana before Chief Judge Michael P. McCuskey by personal appearance. See written order. (Miscellaneous Deadline 2/3/2010: Parties will submit a list of all companies affiliated with the parties and all counsel associated in the litigation. By 2/3/2010 file a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues.) (Attachments: # 1 Attachment A) (MT, ilcd) (Entered: 12/17/2009) (Entered: 12/17/2009)
12/18/09		MDL TEXT ORDER entered by Chief Judge Michael P. McCuskey on 12/18/2009 re MDL ORDER #2. On December 17, 2009, the court entered MDL Order #2, with Attachment A. Paragraph VI(G) of Attachment A is deleted and replaced with the following: Consideration of the creation of a common electronic data base for sharing all discovery materials, including but not limited to documents, reports, photographs, depositions, and stipulations.(MT, ilcd) (Entered: 12/18/2009)
12/23/09	29	NOTICE of Appearance of Attorney of Liaison Attorney Jon Robinson for DEBRA ZANETTI (MT, ilcd) (Entered: 12/23/2009)
12/23/09	30	MOTION Unopposed Motion for Limited Relief from Discovery Stay by Plaintiffs Michael Augustine, James K Cantwil, William Curler, Curtis Czajka, Gerald P. Czuba, Michael Hight, Pamela D. McNeil, Richard Peleckis, DEBRA ZANETTI by Plaintiff DEBRA ZANETTI. Responses due by 1/11/2010 (MT, ilcd) (Entered: 12/23/2009)
12/23/09		TEXT ORDER granting 30 Unopposed Motion for limited relief from discovery stay. Plaintiffs are allowed to issue a subpoena duces tecum as requested in their Unopposed Motion. Entered by Chief Judge Michael P. McCuskey on 12/23/2009.(MT, ilcd) (Entered: 12/23/2009)
12/23/09	31	RESPONSE to Motion re 30 MOTION for Order filed by Defendants IKO CHICAGO, INC., IKO Manufacturing, Inc., IKO Pacific, Inc.. (MT, ilcd) (Entered: 12/28/2009)
01/04/10	32	NOTICE of Appearance of Attorney by Christopher M. Ellis for DEBRA ZANETTI (MT, ilcd) (Entered: 01/05/2010)
01/04/10	33	NOTICE of Appearance of Attorney by Christopher Ellis for DEBRA ZANETTI (MT, ilcd) (Entered: 01/05/2010)
02/03/10	34	NOTICE Joint Preliminary Report for Hon. Michael P. McCuskey NOT TO BE FILED WITH CLERK per Order No. 2). (MT, ilcd) (Entered: 02/04/2010)
02/03/10	35	NOTICE Joint Case Management Conference Statement and Proposed Order (MT, ilcd) (Entered: 02/04/2010)
02/03/10	36	MOTION (Stipulated) for Protective Order by Plaintiff DEBRA ZANETTI. Responses due by 2/22/2010 (MT, ilcd) (Entered: 02/04/2010)
02/04/10	37	NOTICE of Defendants' List of Affiliated Companies and Associate Counsel (MT, ilcd) (Entered: 02/04/2010)
02/05/10	38	PROTECTIVE ORDER entered by Chief Judge Michael P. McCuskey on 2/5/2010. See written order.(MT, ilcd) (Additional attachment(s) added on 2/5/2010: # 1 Signed Copy of Protective Order) (MT, ilcd). (Entered: 02/05/2010)
02/11/10	39	MOTION to Withdraw as Attorney (Vanessa Kelly) by Defendant IKO Manufacturing, Inc. Responses due by 3/1/2010 (MT, ilcd) Modified on 2/12/2010 to correct filing date. (MT, ilcd). (Entered: 02/12/2010)
02/12/10		TEXT ORDER granting 39 Motion to Withdraw as Attorney entered by Chief Judge Michael P. McCuskey on 2/12/2010. (MT, ilcd) Modified on 2/18/2010 (MT, ilcd). (Entered: 02/12/2010)
02/12/10	43	MOTION for Designation of Management Structure by Plaintiff DEBRA ZANETTI. (MT, ilcd) (Entered: 03/10/2010)
02/17/10		Minute Entry for proceedings held before Chief Judge Michael P. McCuskey and Judge Harold A. Baker. Status Conference held on 2/17/2010 by personal appearance. Appearance of plaintiffs by Jon Robinson, Liaison Counsel, Robert Shelquist, Charles Schaffer, Clayton Halunen, Charles DeLuca, Michael Flannery. Appearance of defendants by Christopher Murphy, Dan Pope, Michael Pope. Class Certification Motion due by 9/1/2010. Responses to class certification motion due by 10/1/2010. Hearing on motion for class certification set for 11/4/2010 01:30 PM in Courtroom B in Urbana before Judge Harold A. Baker. Redrafted management proposal with order to be filed within two weeks (March 3, 2010). Status Conference set for 3/12/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Attorneys are to notify the Clerk which attorneys will be included on the conference call. (Tape UR-B: 1:32 PM.) (MT, ilcd) (Entered: 02/17/2010)
02/17/10		TEXT ORDER entered by Judge Harold A. Baker on 2/17/2010. Pursuant to status conference held 2/17/2010, defendant IKO Sales, LTD. is terminated from the case.(MT, ilcd) (Entered: 02/17/2010)
02/22/10	40	CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENT by DEBRA ZANETTI (MT, ilcd) (Entered: 03/02/2010)
02/22/10	45	(STRICKEN) CERTIFICATE OF SERVICE OF SERVICE OF DISCOVERY DOCUMENT by plaintiffs (MT, ilcd) Modified on 3/11/2010 (MT, ilcd). (Entered: 03/11/2010)
03/02/10	41	STATUS REPORT Joint Case Management Conference Statement and Order. (MT, ilcd) (Entered: 03/03/2010)
03/05/10	42	MDL Case Management Order #1 entered by Chief Judge Michael P. McCuskey on 3/5/2010. The Joint Case Management Conference Statement and Order is hereby adopted by the Court as Case Management Order No. 1 for the case, and the parties are ordered to comply with this Order. See written Order. (MT, ilcd) (MT, ilcd). (Entered: 03/05/2010)
03/05/10		Set/Reset Deadlines: Pursuant to Case Management Order 42 , Defendant's Expert Disclosure due by 8/2/2010. Plaintiff's Expert Disclosure due by 7/1/2010. (MT, ilcd) (Entered: 03/05/2010)
03/10/10		TEXT ORDER entered by Judge Harold A. Baker on 3/10/2010. The plaintiffs have filed a motion and brief for designation of management counsel. The motion 43 is granted. Written order to be entered. (MT, ilcd) (Entered: 03/10/2010)
03/10/10	44	MDL ORDER on Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. See written order.(MT, ilcd) (Entered: 03/10/2010)
03/11/10		TEXT ORDER STRIKING DOCUMENT entered by Judge Harold A. Baker on 3/11/2010. The 45 Certificate of Service is stricken as having previously been filed.(MT, ilcd) (Entered: 03/11/2010)
03/12/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held by telephone on 3/12/2010. Appearance of plaintiffs by John Robinson, Charles Schaffer, Robert Shelquist, Clayton Halunen. Appearance of defendants by Christopher Murphy/Michael Pope, DanPope. Jurisdiction of Canadian entity discussed. IKO Industries agrees it is subject to this cout's jurisdiction. Further Status Conference set for 4/9/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(Court Reporter TJ.) (MT, ilcd) Modified on 3/15/2010 to correct attorney appearances. (MT, ilcd). (Entered: 03/12/2010)
03/15/10		TEXT ORDER finding as moot 7 Motion for Extension of Time to Answer re 7 entered by Judge Harold A. Baker on 3/15/2010. (MT, ilcd) (Entered: 03/15/2010)
03/15/10		Set/Reset Deadlines: Pursuant to Order 32 in case 09-2104, IKO CHICAGO, INC. answer due 4/12/2010; IKO Industries, Ltd. answer due 4/12/2010; IKO Manufacturing, Inc. answer due 4/12/2010; IKO Pacific, Inc. answer due 4/12/2010. (MT, ilcd) (Entered: 03/15/2010)
03/15/10		Set/Reset Deadlines: Answer deadline set for 4/12/2010. (MT, ilcd) (Entered: 03/15/2010)
03/15/10	46	(STRICKEN 3/18/2010) AMENDED COMPLAINT (Consolidated Class Action) against IKO CHICAGO, INC., IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD., filed by DEBRA ZANETTI.(MT, ilcd) Modified on 3/18/2010 (MT, ilcd). (Entered: 03/18/2010)
03/18/10	47	TEXT ORDER entered by Judge Harold A. Baker on 3/18/2010 re 46 Amended Complaint, filed by William Curler, David Greenough, Gerald P. Czuba, Pamela D. McNeil, Curtis Czajka, Michael Augustine, Belinda Curler, Vincent Dion, DEBRA ZANETTI, Richard Peleckis, James K Cantwil, Michael Hight. The plaintiffs have filed a consolidated class action complaint 46 . The amended complaint is stricken because the caption incorrectly references the original case numbers in other courts. The case management order, 42 , p. 5, states that the caption should reflect "this court's docket number for each individual action[.]" The plaintiffs must refile the consolidated class action complaint with corrected caption and case numbers(MT, ilcd) Modified on 3/18/2010 (MT, ilcd). (Entered: 03/18/2010)
03/19/10	48	AMENDED COMPLAINT CONSOLIDATED CLASS ACTION against IKO CHICAGO, INC., IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD., filed by DEBRA ZANETTI.(MT, ilcd) (Entered: 04/05/2010)
04/08/10	49	MOTION to Vacate April Telephone Status Conference by plaintiffs and defendants. (MT, ilcd) (Entered: 04/08/2010)
04/09/10		TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. The parties have filed a motion to vacate the April telephone status conference. The motion 49 is granted. The May telephone status conference will be held as scheduled. (MT, ilcd) (Entered: 04/09/2010)
04/09/10		MDL TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. Status Conference set for 5/14/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (MT, ilcd) (Entered: 04/09/2010)
04/14/10		UNOPPOSED MOTION for Leave to File Amended Complaint by plaintiffs. (MT, ilcd) (Entered: 04/15/2010)
04/19/10		TEXT ORDER entered by Judge Harold A. Baker on 4/19/2010. The plaintiff has filed a motion for leave to file an amended complaint. The defendants do not oppose the motion. The motion for leave to file an amended complaint is granted. The amended complaint shall be filed within two days of the date of this order. (MT, ilcd) (Entered: 04/19/2010)
04/19/10	50	AMENDED COMPLAINT against IKO CHICAGO, INC., IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD., filed by DEBRA ZANETTI.(MT, ilcd) (Entered: 04/19/2010)
05/03/10	51	MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Pacific, Inc., IKO Production Inc. (MT, ilcd) Modified on 5/4/2010 to correct filing date. (MT, ilcd). (Entered: 05/04/2010)
05/03/10	52	MEMORANDUM in Support (not attached; see Case No. 09-2104) re 51 MOTION to Dismiss filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (MT, ilcd) Modified on 5/4/2010 to correct filing date. (MT, ilcd). (Entered: 05/04/2010)
05/06/10	53	MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Dismiss by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 5/24/2010 (MT, ilcd) (Entered: 05/06/2010)
05/07/10		TEXT ORDER entered by Judge Harold A. Baker on 5/7/2010. The defendants have filed an unopposed motion for leave to file five extra pages in their memorandum in support of their motion to dismiss. The motion is granted. The defendants may file a memorandum five pages longer than that allowed by this court's Local Rules. The plaintiffs are granted leave to file a response brief that is five pages longer than that allowed by the Local Rules. The plaintiffs have filed a motion for extension of time to respond to the motion to dismiss. They seek an additional seven days to file their response. The motion for extension of time 43 is granted. The plaintiffs shall file their response no later than May 27, 2010. (MT, ilcd) (Entered: 05/07/2010)
05/14/10		Minute Entry for proceedings held 5/14/10 before Judge Harold A. Baker. Appearance of plaintiffs by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, and Robert Shelquist. Appearance of defendants by Attorneys Christopher Murphy, and Daniel Pope. Telephone Status Conference held. Further Status Conference set for 6/11/2010 at 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Tape #UR-B 10:05 AM.) (VB, ilcd) (Entered: 05/14/2010)
05/27/10	55	RESPONSE to Motion re 51 MOTION to Dismiss filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (MT, ilcd) (Entered: 06/10/2010)
06/03/10		TEXT ORDER entered by Judge Harold A. Baker on 6/3/10. Due to a conflict in the court's calendar, the routine status conference now scheduled for Friday, June 11, 2010, at 10:00 a.m. CDT, is vacated and rescheduled for Tuesday, June 8, 2010, at 8:45 a.m. CDT, by telephone conference call. The court will initiate the call. The parties shall email an agenda to chambers at baker@ilcd.uscourts.gov no later than 5 p.m. on Monday, June 7, 2010. (VB, ilcd) (Entered: 06/03/2010)
06/08/10		Minute Entry for proceedings held 6/8/10 before Judge Harold A. Baker. Appearance of Attorney Jon Robinson for plaintiffs. Appearance of Attorneys Christopher Murphy and Dan Pope for defendants. Status Conference held. Case Management Order to be entered. (TJ) (VB, ilcd) Modified on 6/8/2010 to correct a typographical error (VB, ilcd). (Entered: 06/08/2010)
06/08/10	54	CASE MANAGEMENT ORDER #2 entered by Judge Harold A. Baker on 6/8/10. Status Conference set for 7/9/2010 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. See written Order. (VB, ilcd) (Entered: 06/08/2010)
06/29/10	56	MOTION to Compel Answers to Interrogatories by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Production Inc. Responses due by 7/16/2010 (MT, ilcd) (Entered: 06/30/2010)
06/29/10	57	MEMORANDUM in Support re 56 MOTION to Compel Answers to Interrogatories filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Production Inc. (MT, ilcd) (Entered: 06/30/2010)
07/07/10	58	MOTION to Compel by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 7/26/2010 (MT, ilcd) (Entered: 07/07/2010)
07/08/10	59	MEMORANDUM in Support re 58 MOTION to Compel filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (MT, ilcd) (Entered: 07/08/2010)
07/09/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 7/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Christopher Ellis/ Charles Schaffer/Shawn Wanta/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope/Mike Pope. Attorneys Mike Pope/Levin/Rosemergy must become e-filers. Motion to Compel 58 discussed and arguments heard. Further Status Conference set for 8/13/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Written order to be entered. (Court Reporter TJ.) (MT, ilcd) (Entered: 07/09/2010)
07/09/10	60	CASE MANAGEMENT ORDER #3 entered by Judge Harold A. Baker on 7/9/2010. The plaintiffs shall file a third amended consolidated class action complaint within two weeks of the date of this order. The defendants shall file their answer within twenty-one days thereafter. The defendants' motion to compel 56 is granted. The defendants shall provide outstanding documents to the plaintiffs within the next several weeks. The plaintiffs shall respond to the interrogatories no later than August 16, 2010. The plaintiffs' motion to compel 58 remains pending. The plaintiffs shall file a motion to withdraw the motion to compel if the matter is resolved before the next telephone conference. If a motion to withdraw is not filed by August 6, 2010, the defendants shall file a response to the motion to compel no later than August9, 2010. A telephone status conference is scheduled for August 13, 2010, at 8:30 a.m., by telephone conference call. The court will initiate the call. The parties shall submit an agenda by e-mail to chambers at least two days prior to the telephone conference. (MT, ilcd) (Entered: 07/09/2010)
07/20/10	61	Transcript of Proceedings held on July 9, 2010, before Judge Harold A. Baker. Court Reporter/Transcriber TJ. Transcript purchased by:Christopher Murphy. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 8/13/2010. Redacted Transcript Deadline set for 8/23/2010. Release of Transcript Restriction set for 10/21/2010. (MT, ilcd) (Entered: 07/20/2010)
07/23/10	62	THIRD AMENDED COMPLAINT against IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc, filed by Daniel Trongone, DEBRA ZANETTI.(MT, ilcd) (Entered: 07/26/2010)
07/27/10		TEXT ORDER entered by Judge Harold A. Baker on 7/27/2010. The plaintiffs have filed a third amended consolidated class action complaint 62 . The pending motion to dismiss the second amended complaint 51 is moot. The defendants shall answer the third amended consolidated class action complaint on or before August 13, 2010. (MT, ilcd) (Entered: 07/27/2010)
07/27/10		Set/Reset Deadlines: IKO Industries, Ltd. answer to third amended complaint due 8/13/2010; IKO Manufacturing, Inc. answer to third amended complaint due 8/13/2010; IKO Midwest Inc answer to third amended complaint due 8/13/2010; IKO Production Inc answer to third amended complaint due 8/13/2010. (MT, ilcd) (Entered: 07/27/2010)
07/29/10	63	MOTION for Reconsideration re 60 Case Management Order by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/29/2010)
07/29/10	64	MEMORANDUM in Support re 63 MOTION for Reconsideration re 60 Case Management Order #3 filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (MT, ilcd) (Entered: 07/29/2010)
07/30/10	65	MOTION for Extension of Time for Production of Expert Reports by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/30/2010)
07/30/10	66	MEMORANDUM in Support re 65 MOTION for Extension of Time for Production of Expert Reports filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (MT, ilcd) (Entered: 07/30/2010)
08/06/10	67	MOTION by all parties for Extension of Time to resolve issues relating to plaintiffs' motion to compel 58 . Responses due by 8/23/2010 (MT, ilcd) Modified on 8/6/2010 to correct typgraphical error and to create link with 58 . (MT, ilcd). (Entered: 08/06/2010)
08/11/10	68	RESPONSE to Motion re 63 MOTION for Reconsideration re 60 Order, filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (MT, ilcd) (Entered: 08/11/2010)
08/11/10	69	MEMORANDUM in Opposition re 65 MOTION for Extension of Time to Complete Discovery filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (MT, ilcd) (Entered: 08/11/2010)
08/12/10	70	ORDER entered by Judge Harold A. Baker on 8/12/2010. The motion for reconsideration 63 is denied. The deadlines for expert discovery and class certification are vacated. The parties shall submit by August 13th, 2010, a joint motion for extension of these deadlines. The motion for extension of time to complete expert discovery 65 is moot. The joint motion for extension of time regarding the motion to compel 61 is granted. The motion to compel 58 remains pending. (MT, ilcd) (Entered: 08/12/2010)
08/12/10	71	JOINT MOTION by all parties for Order to Extend Case Management Order. Responses due by 8/30/2010 (MT, ilcd) (Entered: 08/12/2010)
08/13/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 8/13/2010 by telephone. Appearance of plaintiffs by Jon Robinson, Chris Ellis, Charles Schaffer, Shawn Wanta, Robert Shelquist. Appearance of defendants by Christopher Murphy, Dan Pope. Discussion held re case management deadlines. Further Status Conference set for 9/9/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) (Entered: 08/13/2010)
08/13/10	72	MOTION by defendants for Extension of Time to File Answer to Third Amended Complaint 62 . Responses due by 8/30/2010 (MT, ilcd) Modified on 8/13/2010 to add by defendants. (MT, ilcd). Modified on 8/13/2010 to link motion to complaint. (MT, ilcd). (Entered: 08/13/2010)
08/20/10		TEXT ORDER entered by Judge Harold A. Baker on 8/20/2010. The defendants have filed a motion for extension of time to answer the plaintiffs' third consolidated class action complaint. The motion for extension of time 66 is granted. The defendants shall file their answer on or before August 30, 2010. (MT, ilcd) (Entered: 08/20/2010)
08/20/10	74	ANSWER and AFFIRMATIVE DEFENSES to 62 Third Amended Complaint by IKO Industries Inc.(MT, ilcd) Modified on 9/9/2010 to correct filing date. (MT, ilcd). (Entered: 09/09/2010)
08/20/10	75	ANSWER and AFFIRMATIVE DEFENSES to 62 Third Amended Complaint by IKO Industries, Ltd..(MT, ilcd) Modified on 9/9/2010 to correct filing date. (MT, ilcd). (Entered: 09/09/2010)
08/20/10	76	ANSWER and AFFIRMATIVE DEFENSES to 62 Third Amended Complaint by IKO Manufacturing, Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	77	ANSWER and AFFIRMATIVE DEFENSES to 62 Third Amended Complaint by IKO Production Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	78	ANSWER and AFFIRMATIVE DEFENSES to 62 Third Amended Complaint by IKO Midwest Inc.(MT, ilcd) (Entered: 09/09/2010)
09/02/10	73	NOTICE of Withdrawal of Plaintiffs' Motion to Compel re 58 MOTION to Compel (MT, ilcd) (Entered: 09/02/2010)
09/03/10		TEXT ORDER entered by Judge Harold A. Baker on 9/3/2010. The plaintiffs have filed a notice of withdrawal of their motion to compel 58 . The court construes the notice as a motion. The motion to withdraw is granted. The motion to compel 58 is withdrawn.(MT, ilcd) (Entered: 09/03/2010)
09/09/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 9/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope. The court accepts defendants' suggested deadlines. Plaintiffs' Expert Disclosure due by 10/1/2010. Defendants' Expert Disclosure due by 11/1/2010. Class Certification Motion due by 11/8/2010. Responses to class certification motion due by 12/10/2010. Further Status Conference set for 10/15/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter Toni.) (MT, ilcd) (Entered: 09/09/2010)
09/10/10	79	CASE MANAGEMENT ORDER #4 entered by Judge Harold A. Baker on 9/10/2010. The court held a status conference on 9/9/2010. The pending joint motion 71 to extend deadlines in Case Management Order #3 is granted in part and denied in part. Dates and deadlines set. A Hearing on Motion for class certification is scheduled 12/17/2010 02:00 PM in Courtroom B in Urbana before Judge Harold A. Baker sitting in Urbana, Illinois. See written order. (MT, ilcd) (Entered: 09/10/2010)
09/23/10	80	(STRICKEN 9/24/2010) MOTION for Extension of Time to Complete Discovery by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 10/12/2010 (MT, ilcd) Modified on 9/24/2010 (MT, ilcd). (Entered: 09/24/2010)
09/23/10	81	MEMORANDUM in Support re 80 MOTION for Extension of Time to Complete Discovery filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (MT, ilcd) (Entered: 09/24/2010)
09/23/10	82	CERTIFICATE of Compliance re Memo in Support 81 . (MT, ilcd) (Entered: 09/24/2010)
09/23/10	83	MOTION to Strike 80 MOTION for Extension of Time to Complete Discovery by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/24/2010)
09/23/10	84	AMENDED DOCUMENT by Daniel Trongone, DEBRA ZANETTI. Amendment to 81 Memorandum in Support of Motion. (MT, ilcd) (Entered: 09/24/2010)
09/24/10		TEXT ORDER entered by Judge Harold A. Baker on 9/24/2010. The plaintiffs have filed a motion to strike their motion for extension of time, and to file an amended motion for extension of time. The motion to strike 83 is granted. Docket entry [ 80 is stricken. The plaintiffs shall file their amended motion later than Tuesday, September 28, 2010. (MT, ilcd) (Entered: 09/24/2010)
09/24/10	85	EMERGENCY MOTION for Extension of CMO Deadlines by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/27/2010)
09/24/10	86	EMERGENCY MOTION to Compel Production of Documents by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/27/2010)
09/24/10	87	MEMORANDUM in Support re 86 MOTION to Compel Production of Documents filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (MT, ilcd) (Entered: 09/27/2010)
09/24/10	88	AFFIDAVIT of Charles E. Schaffer re 86 MOTION to Compel Production of Documents by Daniel Trongone, DEBRA ZANETTI. (MT, ilcd) (Entered: 09/27/2010)
09/29/10	89	MEMORANDUM in Opposition with Exhibits re 85 MOTION for Extension of Time to Complete Discovery. (MT, ilcd) (Entered: 10/13/2010)
10/01/10		TEXT ORDER entered by Judge Harold A. Baker on 10/1/10. The plaintiff has filed an emergency motion for extension of time. The defendants oppose the motion. A routine status conference is scheduled for October 15, 2010. All deadlines and due dates in the current case management order are suspended and will be addressed at the October 15, 2010, telephone status conference. The plaintiffs have also filed an emergency motion to compel production of documents. The defendants shall file a response no later than October 12, 2010. (VB, ilcd) (Entered: 10/01/2010)
10/12/10	90	MEMORANDUM in Opposition with Exhibits re 86 MOTION to Compel Production of Documents filed by defendants. (MT, ilcd) (Entered: 10/13/2010)
10/13/10	91	MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine by defendants. Responses due by 11/1/2010 (MT, ilcd) Modified on 10/14/2010 (MT, ilcd). (Entered: 10/14/2010)
10/13/10	92	MEMORANDUM in Support re 91 MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine by defendants. (MT, ilcd) (Entered: 10/14/2010)
10/15/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 10/15/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Charles Schaffer/Shawn Wanta; appearance of defendants by Christopher Murphy/Dan Pope. The court granted the plaintiffs' motion for extension of discovery deadlines 85 . The parties shall file a new agreed proposed discovery schedule within seven days. The plaintiffs' motion to compel 86 remains pending; the parties will attempt to work out this dispute on their own. When the issue is resolved, the plaintiff shall file a motion to withdraw the motion to compel. The defendants' motion to reopen the depositions of plaintiffs Greenough and Augustine 91 is granted. Those plaintiffs shall be redeposed in Chicago, Illinois, at the plaintiffs' expense. Status Conference set for 11/12/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) (Entered: 10/15/2010)
10/21/10	93	JOINT MOTION Parties Agreed Proposed Schedule by defendants. Responses due by 11/8/2010 (MT, ilcd) (Entered: 10/21/2010)
10/28/10	94	CERTIFICATE OF SERVICE of Discovery Documents by plaintiffs (MT, ilcd) (Entered: 10/28/2010)
11/04/10		TEXT ORDER entered by Judge Harold A. Baker on 11/3/2010. At a telephone status conference on October 15, 2010, the parties were ordered to submit a new proposed discovery schedule. On October 21, 2010, they submitted an agreed proposed schedule. The court grants the motion to enter the proposed schedule 88 . The court adopts the dates in the agreed proposed schedule. The motion hearing now scheduled for December 17, 2010, at 2:00 p.m., is vacated and rescheduled for March 25, 2011, at 2:00 p.m. by personal appearance.(MT, ilcd) (Entered: 11/04/2010)
11/04/10	95	CERTIFICATE OF SERVICE of Plaintiffs' Omibus Objections and Responses to Defendants' Second Set of Requests to Produce by plaintiffs (MT, ilcd) (Entered: 11/04/2010)
11/09/10		TEXT ORDER entered by Judge Harold A. Baker on 11/9/10. The parties have informed the court that they have nothing to present for discussion at the telephone status conference scheduled for Friday, November 12, 2010. The next status conference is scheduled for Friday, December 10, 2010, at 8:30 a.m. by telephone conference call. The court will initiate the call. As of the last status conference, the plaintiffs' motion to compel 81 was pending; the parties were attempting to work out this dispute on their own. When the issue was resolved, the plaintiffs were to file a motion to withdraw the motion to compel. The plaintiffs have not yet done so. If the matter is now resolved, the plaintiffs must file, forthwith, a motion to withdraw the motion to compel. Otherwise, the parties shall place it on the agenda for the December 10, 2010, telephone status conference. (VB, ilcd) (Entered: 11/09/2010)
11/24/10	96	NOTICE of Appearance of Attorney by Eric D Holland on behalf of Daniel Trongone, DEBRA ZANETTI (VB, ilcd) (Entered: 11/24/2010)
12/07/10	97	MOTION to Withdraw 86 MOTION to Compel by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 12/27/2010 (VB, ilcd) (Entered: 12/08/2010)
12/08/10		TEXT ORDER entered by Judge Harold A. Baker on 12/8/10. The plaintiffs have filed a motion to withdraw their motion to compel. The motion to withdraw 97 is granted. The motion to compel 86 is withdrawn. (VB, ilcd) (Entered: 12/08/2010)
12/10/10		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for plaintiffs. Appearance of Attorneys Christopher Murphy, Daniel Pope for defendants. Status Conference held. Plaintiffs wish to amend complaint. Defendant objects to the amended complaint. Arguments heard. Plaintiff is directed to file a motion to amend complaint. Further Status Conference set for 1/14/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J.) (VB, ilcd) (Entered: 12/10/2010)
12/30/10	98	MOTION to Consolidate Complaints, MOTION to Amend Third Amended Consoidated Complaint by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 1/28/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order, # 4 Proposed Order)(VB, ilcd) Modified on 1/11/2011 to change date from 1/11/11 to 12/30/10 (VB, ilcd). (Entered: 01/11/2011)
12/30/10	99	MEMORANDUM in Support re 98 MOTION to Consolidate Complaints, MOTION to Amend Third Amended Consolidated Complaint filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (VB, ilcd) (Entered: 01/11/2011)
01/05/11	100	MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 1/24/2011 (VB, ilcd) (Entered: 01/12/2011)
01/05/11	101	MEMORANDUM in Support re 100 MOTION to Compel Production of Documents, or, Alternatively, Exclude Plaintiffs From Using Such Documents filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (VB, ilcd) Modified on 1/12/2011 to correct date from 1/12/11 to 1/5/11 (VB, ilcd). (Entered: 01/12/2011)
01/11/11	102	NOTICE OF FILING OFFICIAL TRANSCRIPT of Conference Call Proceedings held on 10/15/2010, before Judge Harold A Baker. Court Reporter/Transcriber T J, Telephone number 217-373-5835. Transcript purchased by:Jon Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 2/7/2011. Redacted Transcript Deadline set for 2/17/2011. Release of Transcript Restriction set for 4/15/2011. (VB, ilcd) Modified on 1/12/2011 (VB, ilcd). (Entered: 01/12/2011)
01/13/11	103	MOTION to Extend Case Schedule by One Month by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 1/31/2011 (VB, ilcd) (Entered: 01/18/2011)
01/14/11		Minute Entry for proceedings held 1/14/11 before Judge Harold A. Baker. Appearance of Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for Plaintiffs. Appearance of Attorneys Christopher Murphy, Dan Pope for Defendants. Telephone Status Conference held. Status of case discussed. Case Management Order to be entered. Telephone Status Conference set for 2/11/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J.) (VB, ilcd) Modified on 1/18/2011 to correct appearances of Attorneys (VB, ilcd). (Entered: 01/15/2011)
01/18/11	104	CASE MANAGEMENT ORDER #5 entered by Judge Harold A. Baker on 1/18/11 granting 98 Motion to Consolidate Cases; granting 98 Motion to Amend/Correct; granting 100 Motion to Compel; The plaintiffs are ordered to produce all such documents no later than January 24, 2011; granting 103 Motion to Extend Case Schedule by One Month. A status conference is scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. An agenda for the conference shall be submitted to chambers email no later than February 9, 2011. See written Order. (VB, ilcd) (Main Document 104 replaced on 1/18/2011) (VB, ilcd). (Entered: 01/18/2011)
02/04/11		TEXT ORDER entered by Judge Harold A. Baker on 2/3/11. The status conference now scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call, is vacated and rescheduled for one hour later on the same day, February 11, 2011, at 9:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/04/2011)
02/10/11		TEXT ORDER entered by Judge Harold A. Baker on 2/10/11. The parties report that they have nothing to present for discussion at the status conference now set for Friday, February 11, 2011, at 9:30 a.m. Consequently, that status conference is vacated. The next status conference will be held on March 11, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/10/2011)
02/24/11	105	(WITHDRAWN) MOTION to Compel Production of Documents by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 3/14/2011 (VB, ilcd) Modified on 3/11/2011 to reflect that pursuant to 3/10/11 Text Order, this document is withdrawn (VB, ilcd). (Entered: 03/09/2011)
02/24/11	106	MEMORANDUM in Support re 105 MOTION to Compel Production of Documents filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (VB, ilcd) (Entered: 03/09/2011)
03/09/11		TEXT ORDER entered by Judge Harold A. Baker on 3/9/11. The parties have notified the court that they have no agenda items for the telephone status conference now scheduled for Friday, March 11, at 8:30 a.m. However, the plaintiffs have filed a motion to compel production of documents. That motion 105 is pending. If the parties have resolved the matter, the plaintiffs should file a motion to withdraw the motion to compel. If the matter is unresolved, the telephone status conference will be held as scheduled, and the plaintiffs' counsel must notify the court no later than March 10, 2011, at 4:00 p.m. of the telephone numbers at which the attorneys who will participate in the conference can be reached. (VB, ilcd) (Entered: 03/09/2011)
03/10/11		TEXT ORDER entered by Judge Harold A. Baker on 3/10/11. On February 24, 2011, the plaintiffs filed a motion to compel production of documents. They have now filed a notice of withdrawal 114 of the motion to compel in 09-md-2104. Therefore, the motion to compel 105 is withdrawn. The telephone status conference now scheduled for Friday, March 11, 2011, at 8:30 a.m. is vacated. The next status conference is scheduled for Friday, April 8, 2011, at 8:30 a.m. by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 03/10/2011)
03/22/11		TEXT ORDER entered by Judge Harold A. Baker on 3/22/11. The motion hearing scheduled for March 25, 2011, at 2:00 p.m. has been vacated pursuant to Case Management Order #5, d/e 104 . The hearing on the motion for class certification will be rescheduled after expert discovery has closed and new deadlines for the filing of motions, responses and, if needed, replies, are established. (VB, ilcd) (Entered: 03/22/2011)
04/06/11		TEXT ORDER entered by Judge Harold A. Baker on 4/6/11. The parties have informed the court that they have no items to present for discussion at the telephone status conference now scheduled for April 8, 2011. Consequently, that status conference is vacated and rescheduled for Friday, May 20, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 04/06/2011)
05/16/11	107	MOTION to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (Attachments: # 1 Exhibit 1) (VB, ilcd) (Entered: 05/17/2011)
05/16/11	108	MOTION for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (VB, ilcd) Modified on 5/17/2011 to change filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	109	MEMORANDUM in Support re 107 MOTION to Exclude Plaintiffs' Expert's Testimony filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit A - Appendix A-F, # 3 Exhibit A - Appendix G - Part 1, # 4 Exhibit A - Appendix G - Part 2, # 5 Exhibit A - Appendix H-I, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O) (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	110	+++ SEALED DOCUMENT.. (Attachments: # 1 Exhibit F - Part 2, # 2 Exhibit F - Part 3, # 3 Exhibit F - Part 4, # 4 Exhibit F - Part 5, # 5 Exhibit F - Part 6, # 6 Exhibit F - Part 7, # 7 Exhibit F - Part 8, # 8 Exhibit F - Part 9, # 9 Exhibit F - Appendix 04, # 10 Exhibit F - Appendix 07, # 11 Exhibit F - Appendix 09, # 12 Exhibit F - Appendix 10, # 13 Exhibit F - Appendix 11, # 14 Exhibit F - Appendix 14, # 15 Exhibit F - Appendix 19, # 16 Exhibit F - Appendix 26, # 17 Exhibit F - Appendix 27, # 18 Exhibit F - Appendix 29, # 19 Exhibit F - Appendix 30) (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/18/11		TEXT ORDER entered by Judge Harold A. Baker on 5/18/11. Due to a conflict in the Court's calendar, the status conference call scheduled for 5/20/11 at 8:30a.m. has been rescheduled to 5/24/11 at 8:30 a.m. The Court will initiate the call. (VB, ilcd) (Entered: 05/18/2011)
05/24/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorney Jon Robinson and Charles Schaffer for Plaintiffs. Appearance of Attorney Christopher Murphy for Defendants. Status Conference held. Discussion with Counsel held. Scheduling Order to be submitted to Counsel. Court is granting 108 Defendants' Motion for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony. (Court Reporter T J.) (VB, ilcd) Modified on 5/24/2011 to correct a typographical error (VB, ilcd). Modified on 5/24/2011 to correct which Attorneys were present (VB, ilcd). (Entered: 05/24/2011)
05/24/11	111	COURT'S SUGGESTED SCHEDULING ORDER entered by Judge Harold A. Baker on 5/24/11. July 20, 2011, plaintiffs finish taking the depositions of defendants' four identified expert witnesses; August 31, 2011, plaintiffs respond to the defendants' pending Daubert motion; October 5, 2011, 9:30 a.m. Daubert hearing by personal appearance before the court in Urbana; The court will try to rule on the Daubert motion by October 7, 2011. November 1, 2011, plaintiffs' class certification is due; November 30, 2011, defendants' response to the class certification is due; December 15, 2011, oral argument on class certification by personal appearance before the court in Urbana. See written Order. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. Telephone Status Conference is scheduled for 5/26/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. By request of Attorney Murphy, the Telephone Status Conference scheduled for 5/26/11 at 8:30 AM has been changed to 5/27/11 at 8:30 AM. The Court will place the call. (VB, ilcd) (Entered: 05/25/2011)
05/27/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 5/27/2011. Appearances for plaintiffs by Jon Robinson and Charles Schaffer. Appearances for defendants by Christopher Murphy, Michael Pope and Daniel Pope. Discussion held on discovery. Scheduling order to be entered. (Court Reporter TJ) (KW, ilcd) (Entered: 05/27/2011)
05/27/11	112	COURT'S SCHEDULING ORDER Entered by Judge Harold A. Baker on 5/27/11. Daubert Hearing set for 10/5/2011 at 9:30 AM in Courtroom B in Urbana before Judge Harold A. Baker. Class Certification Hearing set for 12/15/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written scheduling order. (KW, ilcd) (Entered: 05/27/2011)
06/21/11	113	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 5/27/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Chris Murphy & Michael Pope. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011. (KW, ilcd) (Entered: 06/21/2011)
06/22/11	114	MOTION to Compel Deposition by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 7/11/2011 (VB, ilcd) (Entered: 06/23/2011)
06/22/11	115	MEMORANDUM in Support re 114 MOTION to Compel Deposition filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (Attachments: # 1 Affidavit of Charles E Schaffer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order) (VB, ilcd) Modified on 6/23/2011to change filing date from 6/23/11 to 6/22/11 (VB, ilcd). (Entered: 06/23/2011)
06/23/11	116	MOTION for Protective Order by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 7/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(VB, ilcd) (Entered: 06/23/2011)
06/23/11		TEXT ORDER entered by Judge Harold A. Baker on 6/23/11. The plaintiffs have filed an emergency motion to compel deposition testimony or in the alternative to strike the defendants' expert reports 114 . The defendants have responded with a motion for entry of a protective order 116 . A conference will be held on Friday, June 24, 2011, at 9:00 a.m. by telephone conference call. Parties shall notify the court of who will take the call if possible. In the event that notification is not made to the court, the court will contact the attorneys whom were on the previous telephone conference. The court will initiate the call. (VB, ilcd) Modified on 6/23/2011 to correct document numbers (VB, ilcd). (Entered: 06/23/2011)
06/24/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 6/24/2011. Appearances for plaintiffs by Christopher Ellis, Jon Robinson, Shawn Wanta and Charles Schaffer. Appearance for defendants by Christopher Murphy. Discovery matters discussed. Plaintiffs' Motion to Compel 114 is granted. Defendants' Motion for Protective Order 116 is denied. (Court Reporter TJ) (KW, ilcd) (Entered: 06/24/2011)
08/23/11		Set/Reset Deadlines/Hearings as to 107 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 12/15/2011 09:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/23/2011)
08/29/11		Remark: The scheduling order document 120 in case 09-md-2104 remains in effect. The Daubert hearing will be conducted on 10/5/2011 at 9:30 a.m. and the class certification hearing will be held on 12/15/2011 at 9:00 a.m. pursuant to the court's order. (JMW, ilcd) (Entered: 08/29/2011)
08/30/11		Set/Reset Deadlines/Hearings as to 107 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 09:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
08/30/11		Reset Hearing as to 107 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 9:30 AM by personal appearance in Courtroom B in Urbana before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
09/09/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/9/11. The plaintiffs have filed four motions for leave to file [130, 131, 133, 136] and two motions to exclude expert testimony [134, 137]. These motions must also be e-filed in each individual case. The plaintiffs shall file each motion in each individual case within two business days of the date of this order. (KW, ilcd) (Entered: 09/09/2011)
09/12/11	117	MOTION for Leave to File Excess Pages of Plaintiff's Brief in Response to Defendants' Motion to Exclude Plaintiffs' Expert by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	118	MOTION to file DVD Conventionally by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	119	MOTION for Leave to File Excess Pages Brief in Support of Motion to Exclude Defendants' Expert Priest by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	120	MOTION to Exclude Defendants' Expert Priest by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	121	MOTION for Leave to File Excess Pages to Brief in Support of Plaintiffs' Motion to Exclude Defendants' Expert Ricketts by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	122	MOTION to Exclude Defendants' Expert Ricketts by Plaintiffs Daniel Trongone, DEBRA ZANETTI. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/13/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/13/11. The plaintiffs have filed a motion for leave to file excess pages in response to the defendants motion to exclude experts 117 a motion for leave to file conventionally an exhibit on DVD 118 , a motion for leave to file excess pages in support of their motion to exclude expert George Priest 119 , and a motion for leave to file excess pages in support of their motion to exclude expert John Ricketts 121 . These motions for leave to file [117, 118, 119, and 121] are granted. The clerk is directed to detach d/e 117-1 and file it as a response to d/e 107. The clerk is further directed to docket the DVD as a separate event entitled Exhibit C to the Memorandum in Opposition to Defendants' Motion to Exclude the Plaintiff's Expert Testimony and retain the DVD in the clerk's office. The clerk is further directed to detach d/e 119-2 and file it as a memorandum in support of d/e 120. The clerk is further directed to detach d/e 121-1 and file it as a memorandum in support of d/e 122. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	123	RESPONSE to Motion re MOTION to Exclude Plaintiffs' Expert's Testimony 107 filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	124	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Priest 120 filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	125	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Ricketts 122 filed by Plaintiffs Daniel Trongone, DEBRA ZANETTI. (KW, ilcd) (Entered: 09/13/2011)
09/13/11		Exhibit C DVD re Response to Motion 123 by Daniel Trongone, DEBRA ZANETTI. The DVD is maintained n the Clerk's Office vault. (KW, ilcd) (Entered: 09/13/2011)
09/16/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/16/11. By request of counsel, Status Conference set for 9/20/2011 at 1:30 PM by telephone from Urbana to discuss the upcoming hearing dates (court will place call) before Judge Harold A. Baker. Parties are to notify the Clerk's Office on who will participate at the conference call. (KW, ilcd) (Entered: 09/16/2011)
09/16/11	126	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 6/24/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 10/11/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011. (KW, ilcd) (Entered: 09/16/2011)
09/20/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/20/11. The court has been advised that the telephone status conference requested by the parties, now scheduled for September 20, 2011, at 1:30 p.m., is no longer needed. Consequently, the court vacates that status conference. (KW, ilcd) (Entered: 09/20/2011)
09/21/11		TEXT ORDER entered by Judge Harold A. Baker on 9/21/11. The parties are to e-file their joint proposed amended case management order on or before the close of business on Monday, September 26, 2011. Miscellaneous Deadline set of 9/26/2011. (VB, ilcd) (Entered: 09/21/2011)
09/28/11	127	CASE MANAGEMENT ORDER #7 Entered by Judge Harold A. Baker on 9/28/11. Defendants may respond to the plaintiffs' Daubert motion by Oct. 14, 2011. Defendants may reply by 11/20/2011. The Daubert Hearing set for 10/5/2011 is vacated and rescheduled to 12/1/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. Plaintiffs' motion and supporting memorandum for class certification is due by 1/5/2012. Defendants' response due by 2/6/2012. Replies due by 2/21/2012. Motion Hearing set for 3/8/2012 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written order. (KW, ilcd) (Entered: 09/29/2011)
11/16/11		TEXT ORDER entered by Judge Harold A. Baker on 11/16/2011. The courtroom deputy has informed the court of phone calls from counsel inquiring about the format of the Daubert hearing scheduled to begin at 9:00 a.m. on December 1, 2011. There are several motions to exclude the testimony and reports of certain witnesses designated as experts under Rule 26 [115, 134, 137]. The motions require a hearing under Fed. R. Evid. 104 and 702. The most effective way to resolve the motions is to have the court hear the testimony that is going to be offered. That format also affords the court the opportunity to ask questions of the witnesses, if that is necessary. In that way, the court can most effectively apply the analysis required by Daubert. See also American Honda Motor Co., Inc. v. Allen, 600 F.3d 813 (7th Cir. 2010). Case Management Order #7 148 clearly states that on December 1, 2011, "the court will hear all evidence and argument pertaining to the parties' experts. The parties shall have all experts appear personally before the court at that date and time." In addition, the courtroom deputy has informed counsel for defendants that if there is a motion to exclude the witness and the party who is tendering the witness as an expert wants the court to allow the expert to testify at the trial, then the party proffering the witness as an expert must have the witness at the December 1, 2011, hearing or the witness will be barred from testifying.(SP, ilcd) (Entered: 11/16/2011)
12/01/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion Hearing held on 12/1/2011 re 107 MOTION to Exclude Plaintiffs' Expert's Testimony, 120 MOTION to Exclude Defendants' Expert Priest, and 122 MOTION to Exclude Defendants' Expert Ricketts. Appearances for plaintiffs by Jon Robinson, Christopher Ellis, Charles Schaffer, Robert Shelquist, Clayton Halunen, Shawn Wanta. Appearances for defendants by Steven Handler, Christopher Murphy, Zoya Arora and Daniel Pope. Evidence for plaintiffs. Expert witness, Dean Rutila, sworn; testimony heard. Evidence for defendants. Expert witness, George Priest, sworn; testimony heard. Court in recess until 9:30 am on 12/2/2011. (Court Reporter TJ.) (SP, ilcd) (Entered: 12/02/2011)
12/02/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion (Daubert) Hearing continued on 12/2/2011; same appearances. 120 Motion to Exclude Defendants' Expert Priest is denied without prejudice and with leave to renew. Evidence for defendants. Expert witness, John William Ricketts, sworn; testimony heard. Exhibits from 12/1/2011 and 12/2/2011 marked and tendered to the court. Motions 107 and 122 taken under advisement. (Court Reporter TJ) (SP, ilcd) (Entered: 12/05/2011)
12/02/11	128	Exhibit List for Plaintiffs' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/02/11	129	Exhibit List for Defendants' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/07/11		TEXT ORDER entered by Judge Harold A. Baker on 12/7/2011. All exhibits submitted to the court to support the parties' offer of proof are received for the purposes of the motions. To assist the court in preserving the record, counsel shall notify the court whether all marked exhibits are to be considered, whether displayed at the hearing or not.(SP, ilcd) (Entered: 12/07/2011)

hide docket

09-cv-02298 12/10/09 McNeil, et al. v. IKO Manufacturing, Inc., et al.

Date Filed	No.	Docket Text
07/23/09	1	CIVIL Cover Sheet (Johnson, Michael) (Entered: 07/23/2009)
07/23/09	2	ATTORNEY Appearance for Plaintiff pamela d mcniel by Michael Alan Johnson (Johnson, Michael) (Entered: 07/23/2009)
07/24/09	3	COMPLAINT Receipt # 07520000000003952023 filed by James K Cantwil, pamela d mcniel; Jury Demand. (Johnson, Michael) (Entered: 07/24/2009)
07/31/09	4	MINUTE entry before the Honorable Samuel Der-Yeghiayan: Initial status hearing set for 09/24/09 at 9:00 a.m. At least four working days before the initial status hearing, the parties shall conduct a FRCP 26(f) conference and file a joint written Initial Status Report, not to exceed five pages in length, and file the Court's Joint Jurisdictional Status Report and deliver courtesy copies to this Court's chambers. The Court's standing orders on the Initial Status Report and Joint Jurisdictional Status Report maybe obtained from Judge Der-Yeghiayan's web page or from this Court's Courtroom Deputy. Counsel for the Plaintiff is warned that failure to serve summons and complaint on Defendants will result in a dismissal of the action and/or a dismissal of that Defendant not properly served pursuant to FRCP 4. Counsel for Plaintiff is further directed to file with the Clerk of Court, the appropriate returns of service and/or waivers of service. Mailed notice (mw,) (Entered: 07/31/2009)
08/04/09	5	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003979985. (Johnson, Michael) (Entered: 08/04/2009)
08/04/09	6	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003980082. (Johnson, Michael) (Entered: 08/04/2009)
08/04/09	7	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000003980142. (Johnson, Michael) (Entered: 08/04/2009)
08/04/09	8	SUMMONS Issued as to Defendants IKO Manufacturing, Inc., IKO Industries, Ltd., IKO Chicago, Inc., IKO Sales, Ltd., IKO Pacific, Inc. (jj, ) (Entered: 08/05/2009)
08/06/09	9	SUMMONS Returned Executed by Pamela D. McNeil, James K Cantwil as to IKO Pacific, Inc. on 8/4/2009, answer due 8/24/2009. (Johnson, Michael) (Entered: 08/06/2009)
08/06/09	10	SUMMONS Returned Executed by Pamela D. McNeil, James K Cantwil as to IKO Manufacturing, Inc. on 8/4/2009, answer due 8/24/2009. (Johnson, Michael) (Entered: 08/06/2009)
08/06/09	11	SUMMONS Returned Executed by Pamela D. McNeil, James K Cantwil as to IKO Chicago, Inc. on 8/4/2009, answer due 8/24/2009. (Johnson, Michael) (Entered: 08/06/2009)
08/10/09	12	ATTORNEY Appearance for Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., IKO Pacific, Inc. by Nathan P. Eimer (Eimer, Nathan) (Entered: 08/10/2009)
08/10/09	13	ATTORNEY Appearance for Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., IKO Pacific, Inc. by Andrew George Klevorn (Klevorn, Andrew) (Entered: 08/10/2009)
08/10/09	14	ATTORNEY Appearance for Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., IKO Pacific, Inc. by John Kenneth Theis (Theis, John) (Entered: 08/10/2009)
08/10/09	15	MOTION by Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., IKO Pacific, Inc. for extension of time to file answer to Plaintiffs' Complaint (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Eimer, Nathan) (Entered: 08/10/2009)
08/10/09	16	NOTICE of Motion by Nathan P. Eimer for presentment of motion for extension of time to file answer 15 before Honorable Samuel Der-Yeghiayan on 8/13/2009 at 09:00 AM. (Eimer, Nathan) (Entered: 08/10/2009)
08/10/09	17	NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by IKO Manufacturing, Inc. (Eimer, Nathan) (Entered: 08/10/2009)
08/10/09	18	NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by IKO Pacific, Inc. (Eimer, Nathan) (Entered: 08/10/2009)
08/10/09	19	NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by IKO Chicago, Inc. (Eimer, Nathan) (Entered: 08/10/2009)
08/13/09	20	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000004008962. (Johnson, Michael) (Entered: 08/13/2009)
08/13/09	21	MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000004009148. (Johnson, Michael) (Entered: 08/13/2009)
08/13/09	22	MINUTE entry before the Honorable Samuel Der-Yeghiayan: Motion hearing held. Counsel for Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., IKO Pacific, Inc. advised the Court that a motion to consolidate is pending before the MDL Panel. Based upon counsel representations, Defendants responsive pleading to Plaintiffs' complaint is stayed until further order of the Court. Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., IKO Pacific, Inc.'s motion for extension of time to file answer to Plaintiffs' Complaint 15 is stricken as moot. Shawn Wanta's, Charles LaDuca's, and Brendan Thompson's motions for leave to appear pro hac vice for Plaintiffs 5 , 6 , 7 are granted. Status hearing set for 09/24/09 at 9:00 a.m. to stand. Mailed notice. (jj, ) (Entered: 08/14/2009)
09/03/09	23	MOTION by Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., IKO Pacific, Inc. to substitute attorney (Klevorn, Andrew) (Entered: 09/03/2009)
09/03/09	24	NOTICE of Motion by Andrew George Klevorn for presentment of motion to substitute attorney 23 before Honorable Samuel Der-Yeghiayan on 9/10/2009 at 09:00 AM. (Klevorn, Andrew) (Entered: 09/03/2009)
09/09/09	25	MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., and IKO Pacific, Inc.'s motion to substitute attorney 23 is granted. Nathan P. Eimer, Andrew George Klevorn, and John Kenneth Theis are given leave to withdraw their appearances as counsel for Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., and IKO Pacific, Inc. Christopher M. Murphy is given leave to substitute and file his appearance as counsel for Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., and IKO Pacific, Inc. Arnold Levin's and Charles Schaffer's motions for leave to appear pro hac vice for Plaintiffs 20 , 21 are granted. Status hearing set for 09/24/09 to stand. Mailed notice. (jj, ) (Entered: 09/10/2009)
09/21/09	26	MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendant IKO Manufacturing, Inc.'s request to continue status hearing is granted without objection. Initial status hearing reset to 10/22/09 at 9:00 a.m. Status hearing set for 09/24/09 is stricken. Mailed notice (mw,) (Entered: 09/21/2009)
09/22/09	27	MOTION by Defendants IKO Manufacturing, Inc., IKO Chicago, Inc., IKO Pacific, Inc., Plaintiffs Pamela D. McNeil, James K Cantwil to stay Proceedings Pending Decision by the Judicial Panel on Multidistrict Litigation (Attachments: # 1 Memorandum of Law, # 2 Exhibit A - Unpublished Cases)(Murphy, Christopher) (Entered: 09/22/2009)
09/22/09	28	NOTICE of Motion by Christopher Mac Neil Murphy for presentment of motion to stay, 27 before Honorable Samuel Der-Yeghiayan on 10/15/2009 at 09:00 AM. (Murphy, Christopher) (Entered: 09/22/2009)
10/14/09	29	MINUTE entry before the Honorable Samuel Der-Yeghiayan: Defendants' motion to stay proceedings 27 is granted to 12/09/09. Status hearing reset to 12/09/09 at 9:00 a.m. Status hearing set for 10/22/09 and noticed motion date of 10/15/09 are stricken as moot. Mailed notice. (jj, ) (Entered: 10/15/2009)
10/21/09	30	SUMMONS Returned Executed by Pamela D. McNeil, James K Cantwil as to IKO Sales, Ltd. on 9/2/2009, answer due 9/22/2009. (Johnson, Michael) (Entered: 10/21/2009)
11/23/09	31	SUMMONS Returned Executed by Pamela D. McNeil, James K Cantwil as to IKO Industries, Ltd. on 9/11/2009, answer due 10/1/2009. (Johnson, Michael) (Entered: 11/23/2009)
12/07/09	32	MINUTE entry before the Honorable Samuel Der-Yeghiayan: Counsel for the parties advised this Court's Courtroom Deputy that there was an argument before the MDL and that they are still waiting for a decision. The parties' request to continue status hearing is granted. Status hearing reset to 01/12/10 at 9:00 a.m. Status hearing set for 12/09/09 is stricken as moot. Case remains stayed until 01/12/10. Mailed notice (mw, ) (Entered: 12/07/2009)
12/08/09	33	CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to USDC for the Central District of Illinois, Urbana Division. (jj, ) (Entered: 12/08/2009)
12/08/09	34	TRANSFERRED to the Central District of Illinois, Urbana Division the electronic file via CM/ECF. (jj, ) (Entered: 12/08/2009)
12/10/09	35	Case transferred in from District of Illinois Northern; Case Number 1:09-cv-04443. and certified copy of transfer order and docket sheet received. (Entered: 12/10/2009)
12/10/09	36	MDL ORDER #1 entered by Chief Judge Michael P. McCuskey on 12/10/2009. Practice and Procedure Order Upon Transfer Pursuant to 28 USC § 1407(a). (MT, ilcd) (Entered: 12/10/2009)
12/17/09	37	MDL ORDER #2 entered by Chief Judge Michael P. McCuskey on 12/17/2009. Status Conference set for 2/17/2010 01:30 PM in Courtroom A in Urbana before Chief Judge Michael P. McCuskey by personal appearance. See written order. (Miscellaneous Deadline 2/3/2010: Parties will submit a list of all companies affiliated with the parties and all counsel associated in the litigation. By 2/3/2010 file a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues.) (Attachments: # 1 Attachment A)(MT, ilcd) (Entered: 12/17/2009) (Entered: 12/17/2009)
12/17/09		Set/Reset Hearings: Status Conference set for 2/17/2010 01:30 PM in Courtroom A in Urbana before Chief Judge Michael P. McCuskey. Set/Reset Deadlines: Miscellaneous Deadline 2/3/2010. Previous setting incorrectly stated 2009. (MT, ilcd) (Entered: 12/17/2009)
12/18/09		MDL TEXT ORDER entered by Chief Judge Michael P. McCuskey on 12/18/2009 re MDL ORDER #2. On December 17, 2009, the court entered MDL Order #2, with Attachment A. Paragraph VI(G) of Attachment A is deleted and replaced with the following: Consideration of the creation of a common electronic data base for sharing all discovery materials, including but not limited to documents, reports, photographs, depositions, and stipulations.(MT, ilcd) (Entered: 12/18/2009)
12/23/09	38	NOTICE of Appearance of Attorney Jon Robinson, Liaison Attorney for James K Cantwil, Pamela D. McNeil (MT, ilcd) (Entered: 12/23/2009)
12/23/09	39	MOTION Unopposed Motion for Limited Relief from Discovery Stay by Plaintiffs Michael Augustine, James K Cantwil, William Curler, Curtis Czajka, Gerald P. Czuba, Michael Hight, Pamela D. McNeil, Richard Peleckis, DEBRA ZANETTI. Responses due by 1/11/2010 (MT, ilcd) (Entered: 12/23/2009)
12/23/09		TEXT ORDER granting 39 Unopposed Motion for limited relief from discovery stay. Plaintiffs are allowed to issue a subpoena duces tecum as requested in their Unopposed Motion. Entered by Chief Judge Michael P. McCuskey on 12/23/2009.(MT, ilcd) (Entered: 12/23/2009)
12/28/09	40	RESPONSE to Motion re 39 MOTION for Order filed by Defendants IKO CHICAGO, INC., IKO Manufacturing, Inc., IKO Pacific, Inc. (MT, ilcd) (Entered: 12/28/2009)
01/04/10	41	NOTICE of Appearance of Attorney of Christopher M Ellis for James K Cantwil, Pamela D. McNeil (MT, ilcd) (Entered: 01/05/2010)
02/03/10	42	NOTICE Joint Preliminary Report for Hon. Michael P. McCuskey NOT TO BE FILED WITH CLERK per Order No. 2 (MT, ilcd) (Entered: 02/04/2010)
02/03/10	43	NOTICE Joint Case Management Conference and Statement and Proposed Order (MT, ilcd) (Entered: 02/04/2010)
02/03/10	44	MOTION (Stipulated) for Protective Order by Plaintiffs James K Cantwil, Pamela D. McNeil. Responses due by 2/22/2010 (MT, ilcd) (Entered: 02/04/2010)
02/04/10	45	NOTICE of Defendants' List of Affiliated Companies and Associated Counsel (MT, ilcd) (Entered: 02/04/2010)
02/05/10	46	PROTECTIVE ORDER entered by Chief Judge Michael P. McCuskey on 2/5/2010. See written order.(MT, ilcd) (Additional attachment(s) added on 2/5/2010: # 1 Signed Copy of Protective Order) (MT, ilcd). (Entered: 02/05/2010)
02/12/10	47	MOTION to Withdraw as Attorney (Nathan Eimer, Andrew Klevorn, John Thies) by Defendants IKO CHICAGO, INC., IKO Manufacturing, Inc., IKO Pacific, Inc.. Responses due by 3/1/2010 (MT, ilcd) (Entered: 02/12/2010)
02/12/10		TEXT ORDER granting 47 Motion to Withdraw as Attorney entered by Chief Judge Michael P. McCuskey on 2/12/2010. (MT, ilcd) (Entered: 02/12/2010)
02/12/10	51	MOTION for Designation of Management Counsel by Plaintiffs James K Cantwil, Pamela D. McNeil. (MT, ilcd) (Entered: 03/10/2010)
02/17/10		Minute Entry for proceedings held before Chief Judge Michael P. McCuskey and Judge Harold A. Baker. Status Conference held on 2/17/2010 by personal appearance. Appearance of plaintiffs by Jon Robinson, Liaison Counsel, Robert Shelquist, Charles Schaffer, Clayton Halunen, Charles DeLuca, Michael Flannery. Appearance of defendants by Christopher Murphy, Dan Pope, Michael Pope. Class Certification Motion due by 9/1/2010. Responses to class certification motion due by 10/1/2010. Hearing on motion for class certification set for 11/4/2010 01:30 PM in Courtroom B in Urbana before Judge Harold A. Baker. Redrafted management proposal with order to be filed within two weeks (March 3, 2010). Status Conference set for 3/12/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Attorneys are to notify the Clerk which attorneys will be included on the conference call. (Tape #Tape UR-B: 1:32 PM.) (MT, ilcd) (Entered: 02/17/2010)
02/17/10		TEXT ORDER entered by Judge Harold A. Baker on 2/17/2010. Pursuant to status conference held 2/17/2010, defendant IKO Sales, LTD. is terminated from the case. (MT, ilcd) (Entered: 02/17/2010)
02/22/10	48	CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENT by plaintiffs (MT, ilcd) (Entered: 03/02/2010)
03/02/10	49	STATUS REPORT Joint Case Management Conference Statement and Order. (MT, ilcd) (Entered: 03/03/2010)
03/05/10	50	MDL Case Management Order #1 entered by Chief Judge Michael P. McCuskey on 3/5/2010. The Joint CaseMmanagement Conference Statement and Order is hereby adopted by the Court as Case Management Order No. 1 for the case, and the parties are ordered to comply with this Order. See written order.(MT, ilcd) (MT, ilcd). (Entered: 03/05/2010)
03/05/10		Set/Reset Deadlines: Pursuant to Case Management Order #1 50 , Defendant's Expert Disclosure due by 8/2/2010. Plaintiff`s Expert Disclosure due by 7/1/2010. (MT, ilcd) (Entered: 03/05/2010)
03/10/10		TEXT ORDER granting 51 Motion for Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. The plaintiffs have filed a motion and brief for designation of management counsel. The motion 51 is granted. Written order to be entered. (MT, ilcd) (Entered: 03/10/2010)
03/10/10	52	ORDER on Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. See written order.(MT, ilcd) (Entered: 03/10/2010)
03/11/10	53	(STRICKEN) CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENT by plaintiffs (MT, ilcd) Modified on 3/11/2010 (MT, ilcd). (Entered: 03/11/2010)
03/11/10		TEXT ORDER STRIKING DOCUMENT entered by Judge Harold A. Baker on 3/11/2010. The 53 Certificate of Service is hereby stricken as having previously been filed.(MT, ilcd) (Entered: 03/11/2010)
03/12/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held by telephone on 3/12/2010. Appearance of plaintiffs by John Robinson, Charles Schaffer, Robert Shelquist, Clayton Halunen. Appearance of defendants by Christopher Murphy/Michael Pope/Dan Pope. Jurisdiction of Canadian entity discussed. IKO Industries agrees it is subject to this cout's jurisdiction. Further Status Conference set for 4/9/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) Modified on 3/15/2010 to correct attorney appearances. (MT, ilcd). (Entered: 03/12/2010)
03/15/10		Set/Reset Deadlines: IKO CHICAGO, INC. answer due 4/12/2010; IKO Industries, Ltd. answer due 4/12/2010; IKO Manufacturing, Inc. answer due 4/12/2010; IKO Pacific, Inc. answer due 4/12/2010. (MT, ilcd) (Entered: 03/15/2010)
03/15/10	54	(STRICKEN 3/18/2010) AMENDED COMPLAINT (Consolidated Class Action) against IKO CHICAGO, INC., IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD., filed by James K Cantwil, Pamela D. McNeil.(MT, ilcd) Modified on 3/18/2010 (MT, ilcd). (Entered: 03/18/2010)
03/18/10		TEXT ORDER re 54 Amended Complaint filed by Pamela D. McNeil, James K Cantwil entered by Judge Harold A. Baker on 3/18/2010. re 54 Amended Complaint, filed by William Curler, David Greenough, Gerald P. Czuba, Pamela D. McNeil, Curtis Czajka, Michael Augustine, Belinda Curler, Vincent Dion, DEBRA ZANETTI, Richard Peleckis, James K Cantwil, Michael Hight. The plaintiffs have filed a consolidated class action complaint 54 . The amended complaint is stricken because the caption incorrectly references the original case numbers in other courts. The case management order, 50 , p. 5, states that the caption should reflect "this court's docket number for each individual action[.]" The plaintiffs must refile the consolidated class action complaint with corrected caption and case numbers.(MT, ilcd) (Entered: 03/18/2010)
03/19/10	55	AMENDED COMPLAINT CONSOLIDATED CLASS ACTION against IKO CHICAGO, INC., IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD., filed by James K Cantwil, Pamela D. McNeil.(MT, ilcd) (Entered: 04/05/2010)
04/08/10	56	JOINT MOTION to Vacate April Telephone Status Conference by plaintiffs and defendants. (MT, ilcd) (Entered: 04/08/2010)
04/09/10		TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. The parties have filed a motion to vacate the April telephone status conference. The motion 56 is granted. The May telephone status conference will be held as scheduled. (MT, ilcd) (Entered: 04/09/2010)
04/09/10		MDL TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. Status Conference set for 5/14/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(MT, ilcd) (Entered: 04/09/2010)
04/14/10	57	UNOPPOSED MOTION for Leave to File Amended Complaint by plaintiffs. (MT, ilcd) (Entered: 04/15/2010)
04/19/10		TEXT ORDER entered by Judge Harold A. Baker on 4/19/2010. The plaintiff has filed a motion for leave to file an amended complaint. The defendants do not oppose the motion. The motion for leave to file an amended complaint 57 is granted. The amended complaint shall be filed within two days of the date of this order. (MT, ilcd) (Entered: 04/19/2010)
04/19/10	58	AMENDED COMPLAINT against IKO CHICAGO, INC., IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD., filed by James K Cantwil, Pamela D. McNeil.(MT, ilcd) (Entered: 04/19/2010)
05/03/10	59	MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Pacific, Inc., IKO Production Inc. (MT, ilcd) Modified on 5/4/2010 to correct filing date. (MT, ilcd). (Entered: 05/04/2010)
05/03/10	60	MEMORANDUM in Support (not attached; see Case No. 09-2104 41 ) re 59 MOTION to Dismiss filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Pacific, Inc., IKO Production Inc. (MT, ilcd) Modified on 5/4/2010 to correct filing date. (MT, ilcd). Modified on 5/7/2010 to add 41 (MT, ilcd). (Entered: 05/04/2010)
05/06/10	61	MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss by Plaintiff James K Cantwil. Responses due by 5/24/2010 (MT, ilcd) (Entered: 05/06/2010)
05/07/10		TEXT ORDER entered by Judge Harold A. Baker on 5/7/2010. The defendants have filed an unopposed motion for leave to file five extra pages in their memorandum in support of their motion to dismiss. The motion is granted. The defendants may file a memorandum five pages longer than that allowed by this courts Local Rules. The plaintiffs are granted leave to file a response brief that is five pages longer than that allowed by the Local Rules. The plaintiffs have filed a motion for extension of time to respond to the motion to dismiss. They seek an additional seven days to file their response. The motion for extension of time 43 is granted. The plaintiffs shall file their response no later than May 27, 2010. (MT, ilcd) (Entered: 05/07/2010)
05/14/10		Minute Entry for proceedings held 5/14/10 before Judge Harold A. Baker. Appearance of plaintiffs by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, and Robert Shelquist. Appearance of defendants by Attorneys Christopher Murphy, and Daniel Pope. Telephone Status Conference held. Further Status Conference set for 6/11/2010 at 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Tape #UR-B 10:05 AM.) (VB, ilcd) (Entered: 05/14/2010)
05/27/10	63	RESPONSE to Motion re 59 MOTION to Dismiss filed by Plaintiffs James K Cantwil, Pamela D. McNeil. (MT, ilcd) Modified on 6/10/2010 to correct filing date. (MT, ilcd). (Entered: 06/10/2010)
06/03/10		TEXT ORDER entered by Judge Harold A. Baker on 6/3/10. Due to a conflict in the court's calendar, the routine status conference now scheduled for Friday, June 11, 2010, at 10:00 a.m. CDT, is vacated and rescheduled for Tuesday, June 8, 2010, at 8:45 a.m. CDT, by telephone conference call. The court will initiate the call. The parties shall email an agenda to chambers at baker@ilcd.uscourts.gov no later than 5 p.m. on Monday, June 7, 2010. (VB, ilcd) (Entered: 06/03/2010)
06/08/10		Minute Entry for proceedings held 6/8/10 before Judge Harold A. Baker. Appearance of Attorney Jon Robinson for plaintiffs. Appearance of Attorneys Christopher Murphy and Dan Pope for defendants. Status Conference held. Case Management Order to be entered. (TJ) (VB, ilcd) Modified on 6/8/2010 to correct a typographical error (VB, ilcd). (Entered: 06/08/2010)
06/08/10	62	CASE MANAGEMENT ORDER #2 entered by Judge Harold A. Baker on 6/8/10. Status Conference set for 7/9/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. See written Order. (VB, ilcd) (Entered: 06/08/2010)
06/29/10	64	MOTION to Compel Answers to Interrogatories by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Production Inc. Responses due by 7/16/2010 (MT, ilcd) (Entered: 06/30/2010)
06/29/10	65	MEMORANDUM in Support re 64 MOTION to Compel Answers to Interrogatories filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Production Inc. (MT, ilcd) (Entered: 06/30/2010)
07/07/10	66	MOTION to Compel by Plaintiffs James K Cantwil, Pamela D. McNeil. Responses due by 7/26/2010 (MT, ilcd) (Entered: 07/07/2010)
07/07/10	67	MEMORANDUM in Support re 66 MOTION to Compel filed by Plaintiffs James K Cantwil, Pamela D. McNeil. (MT, ilcd) (Entered: 07/08/2010)
07/09/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 7/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Christopher Ellis/ Charles Schaffer/Shawn Wanta/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope/Mike Pope. Attorneys Mike Pope/Levin/Rosemergy must become e-filers. Motion to Compel 66 discussed and arguments heard. Further Status Conference set for 8/13/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Written order to be entered. (Court Reporter TJ.) (MT, ilcd) (Entered: 07/09/2010)(MT, ilcd) Modified on 7/9/2010 to correct Document Number 66 . (MT, ilcd). (Entered: 07/09/2010)
07/09/10	68	CASE MANAGEMENT ORDER #3 entered by Judge Harold A. Baker on 7/9/2010. The plaintiffs shall file a third amended consolidated class action complaint within two weeks of the date of this order. The defendants shall file their answer within twenty-one days thereafter. The defendants' motion to compel 64 is granted. The defendants shall provide outstanding documents to the plaintiffs within the next several weeks. The plaintiffs shall respond to the interrogatories no later than August 16, 2010. The plaintiffs' motion to compel 66 remains pending. The plaintiffs shall file a motion to withdraw the motion to compel if the matter is resolved before the next telephone conference. If a motion to withdraw is not filed by August 6, 2010, the defendants shall file a response to the motion to compel no later than August 9, 2010. A telephone status conference is scheduled for August 13, 2010, at 8:30 a.m., by telephone conference call. The court will initiate the call. The parties shall submit an agenda by e-mail to chambers at least two days prior to the telephone conference. (MT, ilcd) (Entered: 07/09/2010)
07/20/10	69	Transcript of Proceedings held on July 9, 2010, before Judge Harold A. Baker. Court Reporter/Transcriber TJ. Transcript purchased by:Christopher Murphy. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 8/13/2010. Redacted Transcript Deadline set for 8/23/2010. Release of Transcript Restriction set for 10/21/2010. (MT, ilcd) (Entered: 07/20/2010)
07/23/10	71	MOTION to Withdraw Attorney Arnold Levin by Plaintiff James K Cantwil. Responses due by 8/9/2010 (MT, ilcd) (Entered: 07/26/2010)
07/26/10	70	THIRD AMENDED COMPLAINT against IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc, filed by James K Cantwil.(MT, ilcd) (Entered: 07/26/2010)
07/26/10		TEXT ORDER entered by Judge Harold A. Baker on 7/26/2010. The plaintiffs have filed a motion to withdraw the appearance of Arnold Levin, Esq., as counsel of record. The motion 71 is granted. The clerk is directed to amend the docket accordingly. (MT, ilcd) (Entered: 07/26/2010)
07/27/10		TEXT ORDER rntered by Judge Harold A. Baker on 7/27/2010. The plaintiffs have filed a third amended consolidated class action complaint 70 . The pending motion to dismiss the second amended complaint 59 is moot. The defendants shall answer the third amended consolidated class action complaint on or before August 13, 2010. (MT, ilcd) (Entered: 07/27/2010)
07/27/10		Set/Reset Deadlines: IKO Industries, Ltd. answer to third amended complaint due 8/13/2010; IKO Manufacturing, Inc. answer to third amended complaint due 8/13/2010; IKO Midwest Inc answer to third amended complaint due 8/13/2010; IKO Production Inc answer to third amended complaint due 8/13/2010. (MT, ilcd) (Entered: 07/27/2010)
07/29/10	72	MOTION for Reconsideration re 68 Case Management Order #3 by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/29/2010)
07/29/10	73	MEMORANDUM in Support re 72 MOTION for Reconsideration re 68 Case Management Order #3 filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (MT, ilcd) (Entered: 07/29/2010)
07/30/10	74	MOTION for Extension of Time for Production of Expert Reports by Plaintiff James K Cantwil. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/30/2010)
07/30/10	75	MEMORANDUM in Support re 74 MOTION for Extension of Time for Production of Expert Reports filed by Plaintiff James K Cantwil. (MT, ilcd) (Entered: 07/30/2010)
08/06/10	76	MOTION by all parties for Extension of Time for parties to resolve issues relating to plaintiffs' motion to compel 66 . Responses due by 8/23/2010 (MT, ilcd) (Entered: 08/06/2010)
08/11/10	77	RESPONSE to Motion re 72 MOTION for Reconsideration re 68 Order, filed by Plaintiff James K Cantwil. (MT, ilcd) (Entered: 08/11/2010)
08/11/10	78	MEMORANDUM in Opposition re 74 MOTION for Extension of Time to Complete Discovery filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (MT, ilcd) (Entered: 08/11/2010)
08/12/10	79	ORDER entered by Judge Harold A. Baker on 8/12/2010. The motion for reconsideration 72 is denied. The deadlines for expert discovery and class certification are vacated. The parties shall submit by August 13th, 2010, a joint motion for extension of these deadlines. The motion for extension of time to complete expert discovery 74 is moot. The joint motion for extension of time regarding the motion to compel 76 is granted. The motion to compel 66 remains pending. (MT, ilcd) (Entered: 08/12/2010)
08/12/10	80	JOINT MOTION by all parties for Order to Extend Case Management Order. Responses due by 8/30/2010 (MT, ilcd) (Entered: 08/12/2010)
08/13/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 8/13/2010. Appearance of plaintiffs by Jon Robinson, Chris Ellis, Charles Schaffer, Shawn Wanta, Robert Shelquist. Appearance of defendants by Christopher Murphy and Dan Pope. Discussion held re case management deadlines. Further Status Conference set for 9/9/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) Modified on 8/19/2010 to correct typographical error. (MT, ilcd). (Entered: 08/13/2010)
08/13/10		Notice of Docket Text or Event Modification. The Minute Entry entered 8/13/2010 was modified to correct a typographical error.(MT, ilcd) (Entered: 08/13/2010)
08/13/10	81	MOTION by defendants for Extension of Time to File Answer re 70 Third Amended Complaint. Responses due by 8/30/2010 (MT, ilcd) Modified on 8/13/2010 to add by defendants. (MT, ilcd). (Entered: 08/13/2010)
08/20/10		TEXT ORDER entered by Judge Harold A. Baker on 8/20/2010. The defendants have filed a motion for extension of time to answer the plaintiffs' third consolidated class action complaint. The motion for extension of time 81 is granted. The defendants shall file their answer on or before August 30, 2010. (MT, ilcd) (Entered: 08/20/2010)
08/20/10	83	ANSWER and AFFIRMATIVE DEFENSES to 70 Third Amended Complaint by IKO Industries Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	84	ANSWER and AFFIRMATIVE DEFENSES to 70 Third Amended Complaint by IKO Industries, Ltd.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	85	ANSWER and AFFIRMATIVE DEFENSES to 70 Third Amended Complaint by IKO Manufacturing, Inc..(MT, ilcd) (Entered: 09/09/2010)
08/20/10	86	ANSWER and AFFIRMATIVE DEFENSES to 70 Third Amended Complaint by IKO Midwest Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	87	ANSWER and AFFIRMATIVE DEFENSES to 70 Third Amended Complaint by IKO Production Inc.(MT, ilcd) (Entered: 09/09/2010)
09/02/10	82	NOTICE of Withdrawal of Plaintiffs' Motion to Compel re 66 MOTION to Compel (MT, ilcd) (Entered: 09/02/2010)
09/03/10		TEXT ORDER entered by Judge Harold A. Baker on 9/3/2010. The plaintiffs have filed a notice of withdrawal of their motion to compel. The court construes the notice as a motion. The motion to withdraw 82 is granted. The motion to compel 66 is withdrawn.(MT, ilcd) Modified on 9/7/2010 to correct typographical error. (MT, ilcd). (Entered: 09/03/2010)
09/09/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 9/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope. The court accepts defendants' suggested deadlines. Plaintiffs' Expert Disclosure due by 10/1/2010. Defendants' Expert Disclosure due by 11/1/2010. Class Certification Motion due by 11/8/2010. Responses to class certification motion due by 12/10/2010. Further Status Conference set for 10/15/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) (Entered: 09/09/2010)
09/10/10	88	CASE MANAGEMENT ORDER #4 entered by Judge Harold A. Baker on 9/10/2010. The court held a status conference on 9/9/2010. The pending joint motion 80 to extend deadlines in Case Management Order #3 is granted in part and denied in part. Dates and deadlines set. A Hearing on Motion for class certification is scheduled 12/17/2010 02:00 PM in Courtroom B in Urbana before Judge Harold A. Baker sitting in Urbana, Illinois. See written order. (MT, ilcd) (Entered: 09/10/2010)
09/23/10	89	(STRICKEN 9/24/2010) MOTION for Extension of Time to Complete Discovery by Plaintiff James K Cantwil. Responses due by 10/12/2010 (MT, ilcd) Modified on 9/24/2010 (MT, ilcd). (Entered: 09/24/2010)
09/23/10	90	MEMORANDUM in Support re 89 MOTION for Extension of Time to Complete Discovery filed by Plaintiff James K Cantwil. (MT, ilcd) (Entered: 09/24/2010)
09/23/10	91	CERTIFICATE of Compliance re Memo in Support 90 . (MT, ilcd) (Entered: 09/24/2010)
09/23/10	92	MOTION to Strike 89 MOTION for Extension of Time to Complete Discovery by Plaintiff James K Cantwil. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/24/2010)
09/23/10	93	AMENDED DOCUMENT by James K Cantwil. Amendment to 90 Memorandum in Support of Motion. (MT, ilcd) (Entered: 09/24/2010)
09/24/10		ORDER entered by Judge Harold A. Baker on 9/24/2010. The plaintiffs have filed a motion to strike their motion for extension of time, and to file an amended motion for extension of time. The motion to strike 92 is granted. Docket entry 89 is stricken. The plaintiffs shall file their amended motion no later than Tuesday, September 28, 2010. (MT, ilcd) (Entered: 09/24/2010)
09/24/10	94	EMERGENCY MOTION for Extension of CMO Deadlines by Plaintiff James K Cantwil. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/27/2010)
09/24/10	95	EMERGENCY MOTION to Compel Production of Documents by Plaintiff James K Cantwil. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/27/2010)
09/24/10	96	MEMORANDUM in Support re 95 MOTION to Compel Production of Documents filed by Plaintiff James K Cantwil. (MT, ilcd) (Entered: 09/27/2010)
09/24/10	97	AFFIDAVIT of Charles E. Schaffer re 95 MOTION to Compel Production of Documents by James K Cantwil. (MT, ilcd) (Entered: 09/27/2010)
09/29/10	98	MEMORANDUM in Opposition with Exhibits re 94 MOTION for Extension of Time to Complete Discovery filed by defendants. (MT, ilcd) (Entered: 10/13/2010)
10/01/10		TEXT ORDER entered by Judge Harold A. Baker on 10/1/10. The plaintiff has filed an emergency motion for extension of time. The defendants oppose the motion. A routine status conference is scheduled for October 15, 2010. All deadlines and due dates in the current case management order are suspended and will be addressed at the October 15, 2010, telephone status conference. The plaintiffs have also filed an emergency motion to compel production of documents. The defendants shall file a response no later than October 12, 2010. (VB, ilcd) (Entered: 10/01/2010)
10/12/10	99	MEMORANDUM in Opposition with Exhibits re 95 MOTION to Compel Production of Documents filed by defendants. (MT, ilcd) (Entered: 10/13/2010)
10/13/10	100	MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine filed by defendants. Responses due by 11/1/2010 (MT, ilcd) (Entered: 10/14/2010)
10/13/10	101	MEMORANDUM in Support re 100 MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine filed by defendants. (MT, ilcd) (Entered: 10/14/2010)
10/15/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 10/15/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Charles Schaffer/Shawn Wanta; appearance of defendants by Christopher Murphy/Dan Pope. The court granted the plaintiffs' motion for extension of discovery deadlines 94 . The parties shall file a new agreed proposed discovery schedule within seven days. The plaintiffs' motion to compel 95 remains pending; the parties will attempt to work out this dispute on their own. When the issue is resolved, the plaintiff shall file a motion to withdraw the motion to compel. The defendants' motion to reopen the depositions of plaintiffs Greenough and Augustine 100 is granted. Those plaintiffs shall be redeposed in Chicago, Illinois, at the plaintiffs' expense. Status Conference set for 11/12/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(Court Reporter TJ.) (MT, ilcd) (Entered: 10/15/2010)
10/21/10	102	JOINT MOTION Parties' Agreed Proposed Schedule filed by defendants. Responses due by 11/8/2010 (MT, ilcd) (Entered: 10/21/2010)
10/27/10	103	CERTIFICATE OF SERVICE of Plaintiffs' Third Set of Requests for Production of Documents and Tangible Things to All Defendants by plaintiffs. (MT, ilcd) (Entered: 10/28/2010)
11/03/10	104	CERTIFICATE OF SERVICE of Plaintiffs' Omibus Objections and Responses to Defendants' Second Set of Requests to Produce by plaintiffs (MT, ilcd) (Entered: 11/04/2010)
11/04/10		TEXT ORDER entered by Judge Harold A. Baker on 11/3/2010. At a telephone status conference on October 15, 2010, the parties were ordered to submit a new proposed discovery schedule. On October 21, 2010, they submitted an agreed proposed schedule. The court grants the motion to enter the proposed schedule 102 . The court adopts the dates in the agreed proposed schedule. The motion hearing now scheduled for December 17, 2010, at 2:00 p.m., is vacated and rescheduled for March 25, 2011, at 2:00 p.m. by personal appearance.(MT, ilcd) (Entered: 11/04/2010)
11/09/10		TEXT ORDER entered by Judge Harold A. Baker on 11/9/10. The parties have informed the court that they have nothing to present for discussion at the telephone status conference scheduled for Friday, November 12, 2010. The next status conference is scheduled for Friday, December 10, 2010, at 8:30 a.m. by telephone conference call. The court will initiate the call. As of the last status conference, the plaintiffs' motion to compel 81 was pending; the parties were attempting to work out this dispute on their own. When the issue was resolved, the plaintiffs were to file a motion to withdraw the motion to compel. The plaintiffs have not yet done so. If the matter is now resolved, the plaintiffs must file, forthwith, a motion to withdraw the motion to compel. Otherwise, the parties shall place it on the agenda for the December 10, 2010, telephone status conference. (VB, ilcd) (Entered: 11/09/2010)
11/24/10	105	NOTICE of Appearance of Attorney by Eric D Holland on behalf of James K Cantwil, Pamela D. McNeil (VB, ilcd) (Entered: 11/24/2010)
12/07/10	106	MOTION to Withdraw 95 MOTION to Compel by Plaintiff James K Cantwil. Responses due by 12/27/2010 (VB, ilcd) Modified on 12/8/2010 to correct filing date from 12/8/10 to 12/7/10 NEF regenerated to Counsel (VB, ilcd). (Entered: 12/08/2010)
12/08/10		TEXT ORDER entered by Judge Harold A. Baker on 12/8/10. The plaintiffs have filed a motion to withdraw their motion to compel. The motion to withdraw 106 is granted. The motion to compel 95 is withdrawn. (VB, ilcd) (Entered: 12/08/2010)
12/10/10		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for plaintiffs. Appearance of Attorneys Christopher Murphy, Daniel Pope for defendants. Status Conference held. Plaintiffs wish to amend complaint. Defendant objects to the amended complaint. Arguments heard. Plaintiff is directed to file a motion to amend complaint. Further Status Conference set for 1/14/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J.) (VB, ilcd) (Entered: 12/10/2010)
12/30/10	107	MOTION to Consolidate Complaint, MOTION to Amend Third Amended Consolidated Complaint by Plaintiff James K Cantwil. Responses due by 1/18/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Leave to Amend, # 4 Text of Proposed Order Leave to Consolidate)(VB, ilcd) Modified on 1/12/2011 to correct title of document (VB, ilcd). (Entered: 01/12/2011)
12/30/10	108	MEMORANDUM in Support re 107 MOTION to Consolidate Complaints, MOTION to Amend Third Amended Consolidated Complaint filed by Plaintiff James K Cantwil. (VB, ilcd) (Entered: 01/12/2011)
01/05/11	109	MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 1/24/2011 (VB, ilcd) (Entered: 01/12/2011)
01/05/11	110	MEMORANDUM in Support re 109 MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (VB, ilcd) (Entered: 01/12/2011)
01/11/11	111	NOTICE OF FILING OFFICIAL TRANSCRIPT of Conference Call Proceedings held on 10/15/2010, before Judge Harold A Baker. Court Reporter/Transcriber T J, Telephone number 217-373-5835. Transcript purchased by:Jon Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 2/4/2011. Redacted Transcript Deadline set for 2/14/2011. Release of Transcript Restriction set for 4/14/2011. (VB, ilcd) (Entered: 01/12/2011)
01/13/11	112	MOTION to Extend Case Schedule by One Month by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 1/31/2011 (VB, ilcd) (Entered: 01/18/2011)
01/14/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for Plaintiffs. Appearance of Attorneys Charles Murphy, Dan Pope for Defendants. Telephone Status Conference held. Status of case discussed. Case Management Order to be entered. Telephone Status Conference set for 2/11/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J.) (VB, ilcd) Modified on 1/18/2011 to correct appearances of Attorneys (VB, ilcd). (Entered: 01/15/2011)
01/18/11	113	CASE MANAGEMENT ORDER #5 entered by Judge Harold A. Baker on 1/18/11 granting 107 Motion to Consolidate Cases; granting 107 Motion to Amend/Correct; granting 109 Motion to Compel; The plaintiffs are ordered to produce all such documents no later than January 24, 2011; granting 112 Motion to Extend Case Schedule by One Month. A status conference is scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. An agenda for the conference shall be submitted to chambers email no later than February 9, 2011. See written Order. (VB, ilcd) (Main Document 113 replaced on 1/18/2011) (VB, ilcd). (Entered: 01/18/2011)
02/04/11		TEXT ORDER entered by Judge Harold A. Baker on 2/3/11. The status conference now scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call, is vacated and rescheduled for one hour later on the same day, February 11, 2011, at 9:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/04/2011)
02/10/11		TEXT ORDER entered by Judge Harold A. Baker on 2/10/11. The parties report that they have nothing to present for discussion at the status conference now set for Friday, February 11, 2011, at 9:30 a.m. Consequently, that status conference is vacated. The next status conference will be held on March 11, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/10/2011)
02/24/11	114	(WITHDRAWN) MOTION to Compel Production of Documents by Plaintiff James K Cantwil. Responses due by 3/14/2011 (VB, ilcd) Modified on 3/11/2011 to reflect that pursuant to 3/10/11 Text Order, this document is withdrawn (VB, ilcd). (Entered: 03/09/2011)
02/24/11	115	MEMORANDUM in Support re 114 MOTION to Compel Production of Documents filed by Plaintiff James K Cantwil. (VB, ilcd) (Entered: 03/09/2011)
03/09/11		TEXT ORDER entered by Judge Harold A. Baker on 3/9/11. The parties have notified the court that they have no agenda items for the telephone status conference now scheduled for Friday, March 11, at 8:30 a.m. However, the plaintiffs have filed a motion to compel production of documents. That motion 114 is pending. If the parties have resolved the matter, the plaintiffs should file a motion to withdraw the motion to compel. If the matter is unresolved, the telephone status conference will be held as scheduled, and the plaintiffs' counsel must notify the court no later than March 10, 2011, at 4:00 p.m. of the telephone numbers at which the attorneys who will participate in the conference can be reached. (VB, ilcd) (Entered: 03/09/2011)
03/10/11		TEXT ORDER entered by Judge Harold A. Baker on 3/10/11. On February 24, 2011, the plaintiffs filed a motion to compel production of documents. They have now filed a notice of withdrawal 114 of the motion to compel in 09-md-2104. Therefore, the motion to compel 114 is withdrawn. The telephone status conference now scheduled for Friday, March 11, 2011, at 8:30 a.m. is vacated. The next status conference is scheduled for Friday, April 8, 2011, at 8:30 a.m. by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 03/10/2011)
03/22/11		TEXT ORDER entered by Judge Harold A. Baker on 3/22/11. The motion hearing scheduled for March 25, 2011, at 2:00 p.m. has been vacated pursuant to Case Management Order #5, d/e 113 . The hearing on the motion for class certification will be rescheduled after expert discovery has closed and new deadlines for the filing of motions, responses and, if needed, replies, are established. (VB, ilcd) (Entered: 03/22/2011)
04/06/11		TEXT ORDER entered by Judge Harold A. Baker on 4/6/11. The parties have informed the court that they have no items to present for discussion at the telephone status conference now scheduled for April 8, 2011. Consequently, that status conference is vacated and rescheduled for Friday, May 20, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 04/06/2011)
05/16/11	116	MOTION to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (Attachments: # 1 Exhibit 1) (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	117	MOTION for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	118	MEMORANDUM in Support re 116 MOTION to Exclude Plaintiffs' Expert's Testimony filed by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit A - Appendix A-F, # 3 Exhibit A - Appendix G - Part 1, # 4 Exhibit A - Appendix G - Part 2, # 5 Exhibit A - Appendix H-I, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O) (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	119	+++ SEALED DOCUMENT.. (Attachments: # 1 Exhibit F - Part 2, # 2 Exhibit F - Part 3, # 3 Exhibit F - Part 4, # 4 Exhibit F - Part 5, # 5 Exhibit F - Part 6, # 6 Exhibit F - Part 7, # 7 Exhibit F - Part 8, # 8 Exhibit F - Part 9, # 9 Exhibit F - Appendix 04, # 10 Exhibit F - Appendix 07, # 11 Exhibit F - Appendix 09, # 12 Exhibit F - Appendix 10, # 13 Exhibit F - Appendix 11, # 14 Exhibit F - Appendix 14, # 15 Exhibit F - Appendix 19, # 16 Exhibit F - Appendix 26, # 17 Exhibit F - Appendix 27, # 18 Exhibit F - Appendix 29, # 19 Exhibit F - Appendix 30) (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/18/11		TEXT ORDER entered by Judge Harold A. Baker on 5/18/11. Due to a conflict in the Court's calendar, the status conference call scheduled for 5/20/11 at 8:30a.m. has been rescheduled to 5/24/11 at 8:30 a.m. The Court will initiate the call. (VB, ilcd) (Entered: 05/18/2011)
05/24/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorney Jon Robinson and Charles Schaffer for Plaintiffs. Appearance of Attorney Christopher Murphy for Defendants. Status Conference held. Discussion with Counsel held. Scheduling Order to be submitted to Counsel. Court is granting 117 Defendants' Motion for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony.(Court Reporter T J.) (VB, ilcd) Modified on 5/24/2011 to correct which Attorneys were present (VB, ilcd). (Entered: 05/24/2011)
05/24/11	120	COURT'S SUGGESTED SCHEDULING ORDER entered by Judge Harold A. Baker on 5/24/11. July 20, 2011, plaintiffs finish taking the depositions of defendants' four identified expert witnesses; August 31, 2011, plaintiffs respond to the defendants' pending Daubert motion; October 5, 2011, 9:30 a.m. Daubert hearing by personal appearance before the court in Urbana; The court will try to rule on the Daubert motion by October 7, 2011. November 1, 2011, plaintiffs' class certification is due; November 30, 2011, defendants' response to the class certification is due; December 15, 2011, oral argument on class certification by personal appearance before the court in Urbana. See written Order. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. Telephone Status Conference is scheduled for 5/26/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. By request of Attorney Murphy, the Telephone Status Conference scheduled for 5/26/11 at 8:30 AM has been changed to 5/27/11 at 8:30 AM. The Court will place the call. (VB, ilcd) (Entered: 05/25/2011)
05/27/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 5/27/2011. Appearances for plaintiffs by Jon Robinson and Charles Schaffer. Appearances for defendants by Christopher Murphy, Michael Pope and Daniel Pope. Discussion held on discovery. Scheduling order to be entered. (Court Reporter TJ) (KW, ilcd) (Entered: 05/27/2011)
05/27/11	121	COURT'S SCHEDULING ORDER Entered by Judge Harold A. Baker on 5/27/11. Daubert Hearing set for 10/5/2011 at 9:30 AM in Courtroom B in Urbana before Judge Harold A. Baker. Class Certification Hearing set for 12/15/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written scheduling order. (KW, ilcd) (Entered: 05/27/2011)
06/21/11	122	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 5/27/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Michael Poper & Chris Murphy. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011. (KW, ilcd) (Entered: 06/21/2011)
06/22/11	123	MOTION to Compel Deposition by Plaintiff James K Cantwil. Responses due by 7/11/2011 (VB, ilcd) (Entered: 06/23/2011)
06/22/11	124	MEMORANDUM in Support re 123 MOTION to Compel filed by Plaintiff James K Cantwil. (Attachments: # 1 Affidavit of Charles E Schaffer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order) (VB, ilcd) Modified on 6/23/2011 to change filing date from 6/23/11 to 6/22/11 (VB, ilcd). (Entered: 06/23/2011)
06/23/11	125	MOTION for Protective Order by Defendants IKO Industries Inc, IKO Industries, Ltd., IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 7/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(VB, ilcd) (Entered: 06/23/2011)
06/23/11		TEXT ORDER entered by Judge Harold A. Baker on 6/23/11. The plaintiffs have filed an emergency motion to compel deposition testimony or in the alternative to strike the defendants' expert reports 123 . The defendants have responded with a motion for entry of a protective order 125 . A conference will be held on Friday, June 24, 2011, at 9:00 a.m. by telephone conference call. Parties shall notify the court of who will take the call if possible. In the event that notification is not made to the court, the court will contact the attorneys whom were on the previous telephone conference. The court will initiate the call. (VB, ilcd) (Entered: 06/23/2011)
06/24/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 6/24/2011. Appearances for plaintiffs by Christopher Ellis, Jon Robinson, Shawn Wanta and Charles Schaffer. Appearance for defendants by Christopher Murphy. Discovery matters discussed. Plaintiffs' Motion to Compel 123 is granted. Defendants' Motion for Protective Order 125 is denied. (Court Reporter TJ) (KW, ilcd) (Entered: 06/24/2011)
08/30/11		Set/Reset Deadlines/Hearings as to 116 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 09:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
08/30/11		Reset Hearing as to 116 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 at 9:30 AM by personal appearance in Courtroom B in Urbana before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
09/09/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/9/11. The plaintiffs have filed four motions for leave to file [130, 131, 133, 136] and two motions to exclude expert testimony [134, 137]. These motions must also be e-filed in each individual case. The plaintiffs shall file each motion in each individual case within two business days of the date of this order.(KW, ilcd) (Entered: 09/09/2011)
09/12/11	126	MOTION for Leave to File Excess Pages of Plaintiffs' Brief in Response to Defendants' Motion to Exclude Plaintiffs' Expert by Plaintiffs James K Cantwil, Pamela D. McNeil. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	127	MOTION for Leave to File DVD Conventionally by Plaintiffs James K Cantwil, Pamela D. McNeil. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	128	MOTION for Leave to File Excess Pages Brief in Support of Motion to Exclude Defendants' Expert Priest by Plaintiffs James K Cantwil, Pamela D. McNeil. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	129	MOTION to Exclude Defendants' Expert Priest by Plaintiffs James K Cantwil, Pamela D. McNeil. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	130	MOTION for Leave to File Excess Pages of Plaintiffs' Brief in Support of Plaintiffs' Motion to Exclude Defendants' Expert Ricketts by Plaintiffs James K Cantwil, Pamela D. McNeil. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	131	MOTION to Exclude Defendants' Expert Ricketts by Plaintiffs James K Cantwil, Pamela D. McNeil. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/13/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/13/11. The plaintiffs have filed a motion for leave to file excess pages in response to the defendants' motion to exclude experts 126 , a motion for leave to file conventionally an exhibit on DVD 127 , a motion for leave to file excess pages in support of their motion to exclude expert George Priest 128 , and a motion for leave to file excess pages in support of their motion to exclude expert John Ricketts 130 . These motions for leave to file [126, 127, 128, and 130] are granted. The clerk is directed to detach d/e 126-1 and file it as a response to d/e 116. The clerk is further directed to docket the DVD as a separate event entitled Exhibit C to the Memorandum in Opposition to Defendants Motion to Exclude the Plaintiff's Expert Testimony and retain the DVD in the clerk's office. The clerk is further directed to detach d/e 128-2 and file it as a memorandum in support of d/e 129. The clerk is further directed to detach d/e 130-1 and file it as a memorandum in support of d/e 131. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	132	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Priest 129 filed by Plaintiff James K Cantwil. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	133	RESPONSE to Motion re MOTION to Exclude Plaintiffs' Expert's Testimony 116 filed by Plaintiff James K Cantwil. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	134	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Ricketts 131 filed by Plaintiff James K Cantwil. (KW, ilcd) (Entered: 09/13/2011)
09/13/11		Exhibit C DVD re Response to Motion 133 by James K Cantwil. The DVD is maintained in the Clerk's Office vault. (KW, ilcd) (Entered: 09/13/2011)
09/16/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/16/11. By request of counsel, Status Conference set for 9/20/2011 at 1:30 PM by telephone from Urbana to discuss the upcoming hearing dates (court will place call) before Judge Harold A. Baker. Parties are to notify the Clerk's Office on who will participate at the conference call. (KW, ilcd) (Entered: 09/16/2011)
09/16/11	135	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 6/24/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 10/11/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011. (KW, ilcd) (Entered: 09/16/2011)
09/20/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/20/11. The court has been advised that the telephone status conference requested by the parties, now scheduled for September 20, 2011, at 1:30 p.m., is no longer needed. Consequently, the court vacates that status conference. (KW, ilcd) (Entered: 09/20/2011)
09/21/11		TEXT ORDER entered by Judge Harold A. Baker on 9/21/11. The parties are to e-file their joint proposed amended case management order on or before the close of business on Monday, September 26, 2011. Miscellaneous Deadline 9/26/2011. (VB, ilcd) (Entered: 09/21/2011)
09/28/11	136	CASE MANAGEMENT ORDER #7 Entered by Judge Harold A. Baker on 9/28/11. Defendant may respond to the plaintiffs' Daubert motion by Oct. 14, 2011. Defendants may file reply by 11/20/11. The Daubert Hearing set for 10/5/2011 is vacated and rescheduled to 12/1/11 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. Plaintiffs' motion and supporting memorandum for class certification is due by 1/5/2012. Defendants' response due by 2/6/2012. Replies due by 2/21/2012. Motion Hearing set for 3/8/2012 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written order. (KW, ilcd) (Entered: 09/29/2011)
09/29/11		Set/Reset Hearings: Motion Hearing set for 3/8/2012 09:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. (KW, ilcd) (Entered: 09/29/2011)
11/16/11		TEXT ORDER entered by Judge Harold A. Baker on 11/16/2011. The courtroom deputy has informed the court of phone calls from counsel inquiring about the format of the Daubert hearing scheduled to begin at 9:00 a.m. on December 1, 2011. There are several motions to exclude the testimony and reports of certain witnesses designated as experts under Rule 26 [115, 134, 137]. The motions require a hearing under Fed. R. Evid. 104 and 702. The most effective way to resolve the motions is to have the court hear the testimony that is going to be offered. That format also affords the court the opportunity to ask questions of the witnesses, if that is necessary. In that way, the court can most effectively apply the analysis required by Daubert. See also American Honda Motor Co., Inc. v. Allen, 600 F.3d 813 (7th Cir. 2010). Case Management Order #7 148 clearly states that on December 1, 2011, "the court will hear all evidence and argument pertaining to the parties' experts. The parties shall have all experts appear personally before the court at that date and time." In addition, the courtroom deputy has informed counsel for defendants that if there is a motion to exclude the witness and the party who is tendering the witness as an expert wants the court to allow the expert to testify at the trial, then the party proffering the witness as an expert must have the witness at the December 1, 2011, hearing or the witness will be barred from testifying.(SP, ilcd) (Entered: 11/16/2011)
12/01/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion Hearing held on 12/1/2011 re 116 MOTION to Exclude Plaintiffs' Expert's Testimony, 129 MOTION to Exclude Defendants' Expert Priest, and 131 MOTION to Exclude Defendants' Expert Ricketts. Appearances for plaintiffs by Jon Robinson, Christopher Ellis, Charles Schaffer, Robert Shelquist, Clayton Halunen, Shawn Wanta. Appearances for defendants by Steven Handler, Christopher Murphy, Zoya Arora and Daniel Pope. Evidence for plaintiffs. Expert witness, Dean Rutila, sworn; testimony heard. Evidence for defendants. Expert witness, George Priest, sworn; testimony heard. Court in recess until 9:30 am on 12/2/2011. (Court Reporter TJ) (SP, ilcd) (Entered: 12/02/2011)
12/02/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion (Daubert) Hearing continued on 12/2/2011; same appearances. 129 Motion to Exclude Defendants' Expert Priest is denied without prejudice and with leave to renew. Evidence for defendants. Expert witness, John William Ricketts, sworn; testimony heard. Exhibits from 12/1/2011 and 12/2/2011 marked and tendered to the court. Motions 116 and 131 taken under advisement. (Court Reporter TJ.) (SP, ilcd) (Entered: 12/05/2011)
12/02/11	137	Exhibit List for Plaintiffs' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/02/11	138	Exhibit List for Defendants' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/07/11		TEXT ORDER entered by Judge Harold A. Baker on 12/7/2011. All exhibits submitted to the court to support the parties' offer of proof are received for the purposes of the motions. To assist the court in preserving the record, counsel shall notify the court whether all marked exhibits are to be considered, whether displayed at the hearing or not.(SP, ilcd) (Entered: 12/07/2011)

hide docket

09-cv-02295 12/10/09 Czuba v. IKO Manufacture, Inc.

Date Filed	No.	Docket Text
04/29/09	1	COMPLAINT against IKO Manufacture, Inc. (Filing fee $350.00 receipt number 012460), filed by Gerald P. Czuba. (DLC) (Entered: 04/30/2009)
04/29/09		Summons Issued as to IKO Manufacture, Inc.. (DLC) (Entered: 04/30/2009)
05/07/09	3	NOTICE by Gerald P. Czuba for Motion Pro Hac Vice Application of Brendan S. Thompson (LaDuca, Charles) (Entered: 05/07/2009)
05/08/09	4	NOTICE by Gerald P. Czuba for Admission Pro Hac Vice of Brendan S. Thompson (LaDuca, Charles) (Entered: 05/08/2009)
05/11/09	5	MOTION for Leave to Appear for Admission to Practice Pro Hac Vice of Brendan S. Thompson by Gerald P. Czuba.(LaDuca, Charles) (Entered: 05/11/2009)
05/12/09		Remark - Brendan S. Thompson is admitted to practice in Maryland. (DLC) (Entered: 05/12/2009)
05/14/09	6	SUMMONS Returned Executed by Gerald P. Czuba. IKO Manufacture, Inc. served on 5/4/2009, answer due 5/26/2009. (LaDuca, Charles) Modified on 5/15/2009 to correct service party (SG). (Entered: 05/14/2009)
05/19/09	7	NOTICE of Appearance by Charles Joseph LaDuca on behalf of Gerald P. Czuba (LaDuca, Charles) (Entered: 05/19/2009)
05/21/09	8	TEXT ORDER. IT HEREBY IS ORDERED that the 5 Motion for Admission to Practice Pro Hac Vice as to Brendan S. Thompson is DENIED for failure to comply with Local Rule 83.1(l). SO ORDERED. Issued by William M. Skretny U.S.D.J. on 5/19/2009. (MEAL) (Entered: 05/21/2009)
05/21/09	9	MOTION for Extension of Time to File Answer re 1 Complaint by IKO Manufacture, Inc..(Dunbar, Joseph) (Entered: 05/21/2009)
05/21/09	10	NOTICE of Appearance by David G. Jay on behalf of Gerald P. Czuba (Jay, David) (Entered: 05/21/2009)
05/21/09	11	NOTICE by Gerald P. Czuba Notice of Pro Hac Vice of Robert K. Shelquist (LaDuca, Charles) (Entered: 05/21/2009)
05/21/09	12	NOTICE by Gerald P. Czuba Notice of Pro Hac Vice of Arnold Levin (LaDuca, Charles) (Entered: 05/21/2009)
05/21/09	13	NOTICE by Gerald P. Czuba Notice of Pro Hac Vice of Charles E. Schaffer (LaDuca, Charles) (Entered: 05/21/2009)
05/22/09	14	MOTION for Leave to Appear Pro Hac Vice of Arnold Levin by Gerald P. Czuba.(LaDuca, Charles) (Entered: 05/22/2009)
05/22/09	15	MOTION for Leave to Appear Pro Hac Vice of Charles E. Schaffer by Gerald P. Czuba.(LaDuca, Charles) (Entered: 05/22/2009)
05/22/09	16	MOTION for Leave to Appear Pro Hac Vice Of Robert K. Shelquist by Gerald P. Czuba.(LaDuca, Charles) (Entered: 05/22/2009)
05/22/09	17	MOTION for Leave to Appear Pro Hac Vice of Michael McShane by Gerald P. Czuba.(LaDuca, Charles) (Entered: 05/22/2009)
05/22/09	18	MOTION for Extension of Time to File Answer re 9 MOTION for Extension of Time to File Answer re 1 Complaint by IKO Manufacture, Inc..(Dunbar, Joseph) (Entered: 05/22/2009)
05/26/09		Remark - Arnold Levin and Charles Schaffer is admitted to practice in PA; Robert Shelquist is admitted to practice in Minnesota; and Michael McShane is admitted to practive in CA. All of the above attorneys are in good standing. (DLC) (Entered: 05/26/2009)
05/26/09	19	NOTICE of Appearance by Charles Joseph LaDuca on behalf of Gerald P. Czuba (LaDuca, Charles) (Entered: 05/26/2009)
05/26/09	20	MOTION for Leave to Appear Notice of Pro Hac Vice for Clayton D. Halunen by Gerald P. Czuba.(LaDuca, Charles) (Entered: 05/26/2009)
05/26/09	21	MOTION for Leave to Appear Notice of Pro Hac Vice for Shawn J. Wanta by Gerald P. Czuba.(LaDuca, Charles) (Entered: 05/26/2009)
05/26/09	22	MOTION for Leave to Appear Notice of Pro Hac Vice for Christopher J. Jozwiak by Gerald P. Czuba.(LaDuca, Charles) (Entered: 05/26/2009)
05/27/09		Remark - Clayton Halunen, Shawn Wanta and Christopher Jozwiak is authorized to practice in Minnesota. (DLC) (Entered: 05/27/2009)
06/02/09	23	TEXT ORDER. IT HEREBY IS ORDERED THAT the 9 Defendant's Motion for Extension of Time to Answer or otherwise respond to Plaintiff's Complaint is GRANTED. Time is extended to 6/22/2009. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 5/29/2009. (MEAL) (Entered: 06/02/2009)
06/08/09	24	MOTION for Leave to Appear Pro Hac Vice Brendan S. Thompson by Gerald P. Czuba.(LaDuca, Charles) (Entered: 06/08/2009)
06/09/09		Remark - Brendan Thompson is admitted to practice in Maryland. (DLC) (Entered: 06/09/2009)
06/15/09		Pro Hac Vice fee paid for Shawn J. Wanta: $75.00, receipt number 013228. (DLC) (Entered: 06/29/2009)
06/15/09		Pro Hac Vice fee paid for Clayton D. Halunen: $75.00, receipt number 013229. (DLC) (Entered: 06/29/2009)
06/22/09	25	MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by IKO Manufacture, Inc..(Dunbar, Joseph) (Entered: 06/22/2009)
06/25/09	26	AMENDED COMPLAINT against Gerald P. Czuba, filed by Gerald P. Czuba.(LaDuca, Charles) (Entered: 06/25/2009)
06/26/09	27	TEXT ORDER. IT HEREBY IS ORDERED that the 14 15 16 17 20 21 22 24 Motions for Pro Hac Admission of Arnold Levin, Charles E. Schaffer, Robert K. Shelquist, Michael McShane, Clayton D. Halunen, Shawn J. Wanta, Christopher D. Jozwiak and Brendan S. Thompson are GRANTED, subject to payment of the requisite fees. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 6/24/2009. (MEAL) (Entered: 06/26/2009)
06/26/09	28	ORDER granting 18 Defendant's Motion for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint. Time is extended until 7/20/2009. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 6/24/2009. (MEAL) (Entered: 06/26/2009)
06/30/09		Pro Hac Vice fee paid for Brendan Thompson: $75.00, receipt number 013410. (DLC) (Entered: 07/01/2009)
07/07/09		Pro Hac Vice fee paid for Robert K. Shelquist: $75.00, receipt number 013472. (DLC) (Entered: 07/14/2009)
07/09/09		Summons Issued as to IKO Industries, LTD, IKO Sales, LTD, IKO Pacific, INC, IKO Chicago, INC, IKO Manufacture, Inc., for the Amended Complaint. (DLC) (Entered: 07/09/2009)
07/20/09	29	MOTION for Extension of Time to File Answer re 1 Complaint by IKO Pacific, INC, IKO Chicago, INC, IKO Manufacture, Inc..(Dunbar, Joseph) Modified on 7/21/2009 (DLC). (Entered: 07/20/2009)
07/20/09	30	MOTION for Leave to Appear Pro Hac Vice by IKO Pacific, INC, IKO Chicago, INC, IKO Manufacture, Inc..(Dunbar, Joseph) Modified on 7/21/2009 (DLC). (Entered: 07/20/2009)
07/21/09		Remark - Andrew George Klevorn is authorized to practice in Illinois. (DLC) (Entered: 07/21/2009)
08/06/09	31	TEXT ORDER. IT HEREBY IS ORDERED that Defendant IKO Manufacturing, Inc.'s 29 Motion for Extension of Time to Answer of Otherwise Respond to Plaintiffs' Amended Complaint is GRANTED. The Court will stay Defendant IKO Manufacturing Inc.'s time to answer or other wise respond at this time subject to reconsideration at a later date. Counsel for the parties are DIRECTED to file a status report with the Court regarding any pending Multi-District Litigation no later than 9/20/2009. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 7/31/2009. (MEAL) (Entered: 08/06/2009)
09/01/09	32	TEXT ORDER. IT HEREBY IS ORDERED that the 30 Motion for Pro Hac Vice Admission of Andrew G. Klevorn is GRANTED, subject to payment of the requisite fee. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 9/1/2009. (MEAL) (Entered: 09/04/2009)
09/18/09	33	STATUS REPORT JOINT STATUS REPORT REGARDING PENDNIG MDL by Curtis Czajka, Richard Peleckis, Gerald P. Czuba. (Thompson, Brendan) (Entered: 09/18/2009)
09/22/09	34	Joint MOTION to Stay PROCEEDINGS PENDING DECISION BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION by Curtis Czajka, Richard Peleckis, IKO Pacific, INC, IKO Chicago, INC, Gerald P. Czuba, IKO Manufacture, Inc.. (Attachments: # 1 Exhibit A, # 2 Memorandum in Support Memorandum of Law)(Dunbar, Joseph) (Entered: 09/22/2009)
10/15/09	35	TEXT ORDER. IT HEREBY IS ORDERED THAT the Parties' 34 Joint Motion to Stay Proceedings Pending Decision by the Judicial Panel on Multidistrict Litigation is GRANTED. FURTHER, that the parties shall notify this Court upon receipt of the Panel's Determination. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 10/8/2009. (MEAL) (Entered: 10/15/2009)
12/08/09	36	MULTIDISTRICT LITIGATION TRANSFER ORDER to the Central District of Illinois. Signed by Panel on Multidistrict litigation on 12/3/2009. (DLC) (Entered: 12/09/2009)
12/08/09		Case transferred to District of Central District of Illinois. (DLC) (Entered: 12/09/2009)
12/10/09	37	Case transferred in from District of New York Western; Case Number 1:09-cv-00409. and certified copy of transfer order and docket sheet received. (Entered: 12/10/2009)
12/10/09	38	MDL ORDER #1 entered by Chief Judge Michael P. McCuskey on 12/10/2009. Practice and Procedure Order Upon Transfer Pursuant to 28 USC § 1407(a).(MT, ilcd) (Entered: 12/10/2009)
12/17/09	39	MDL ORDER #2 entered by Chief Judge Michael P. McCuskey on 12/17/2009. Status Conference set for 2/17/2010 01:30 PM in Courtroom A in Urbana before Chief Judge Michael P. McCuskey by personal appearance. See written order. (Miscellaneous Deadline 2/3/2010: Parties will submit a list of all companies affiliated with the parties and all counsel associated in the litigation. By 2/3/2010 file a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues.) (Attachments: # 1 Attachment A)(MT, ilcd) (Entered: 12/17/2009) (Entered: 12/17/2009)
12/17/09		Set/Reset Hearings: Status Conference set for 2/17/2010 01:30 PM in Courtroom A in Urbana before Chief Judge Michael P. McCuskey. Set/Reset Deadlines: Miscellaneous Deadline 2/3/2010. Previous setting incorrectly stated 2009. (MT, ilcd) (Entered: 12/17/2009)
12/18/09		MDL TEXT ORDER entered by Chief Judge Michael P. McCuskey on 12/18/2009 re MDL ORDER #2. On December 17, 2009, the court entered MDL Order #2, with Attachment A. Paragraph VI(G) of Attachment A is deleted and replaced with the following: Consideration of the creation of a common electronic data base for sharing all discovery materials, including but not limited to documents, reports, photographs, depositions, and stipulations.(MT, ilcd) (Entered: 12/18/2009)
12/23/09	40	NOTICE of Appearance of Attorney Jon Robinson, Liaison Attorney for Curtis Czajka, Gerald P. Czuba (MT, ilcd) (Entered: 12/23/2009)
12/23/09	41	MOTION Unopposed Motion for Limited Relief from Discovery Stay by Plaintiffs Michael Augustine, James K Cantwil, William Curler, Curtis Czajka, Gerald P. Czuba, Michael Hight, Pamela D. McNeil, Richard Peleckis, DEBRA ZANETTI. Responses due by 1/11/2010 (MT, ilcd) (Entered: 12/23/2009)
12/23/09		TEXT ORDER granting 41 Unopposed Motion for limited relief from discovery stay. Plaintiffs are allowed to issue a subpoena duces tecum as requested in their Unopposed Motion. Entered by Chief Judge Michael P. McCuskey on 12/23/2009. (MT, ilcd) (Entered: 12/23/2009)
12/23/09	42	RESPONSE to Motion re 41 MOTION for Order filed by Defendants IKO Chicago, INC, IKO Manufacture, Inc., IKO Pacific, INC. (MT, ilcd) (Entered: 12/28/2009)
01/04/10	43	NOTICE of Appearance of Attorney of Christopher Ellis for Curtis Czajka, Gerald P. Czuba, Richard Peleckis (MT, ilcd) (Entered: 01/05/2010)
02/03/10	44	NOTICE Joint Preliminary Report for Hon. Michael P. McCuskey NOT TO BE FILED WITH CLERK per Order No. 2 (MT, ilcd) (Entered: 02/04/2010)
02/03/10	45	NOTICE Joint Case Management Conference Statement and Proposed Order (MT, ilcd) (Entered: 02/04/2010)
02/03/10	46	MOTION (stipulated) for Protective Order by Plaintiffs Curtis Czajka, Gerald P. Czuba, Richard Peleckis. Responses due by 2/22/2010 (MT, ilcd) (Entered: 02/04/2010)
02/04/10	47	NOTICE of Defendants' List or Affiliated Companies and Associated Counsel (MT, ilcd) (Entered: 02/04/2010)
02/05/10	48	PROTECTIVE ORDER entered by Chief Judge Michael P. McCuskey on 2/5/2010. See written order.(MT, ilcd) (Additional attachment(s) added on 2/5/2010: # 1 Signed Copy of Protective Order) (MT, ilcd). (Entered: 02/05/2010)
02/12/10	49	MOTION to Withdraw as Attorney (Joseph Dunbar) by Defendants IKO Chicago, INC, IKO Manufacture, Inc., IKO Pacific, INC. Responses due by 3/1/2010 (MT, ilcd) (Entered: 02/12/2010)
02/12/10		TEXT ORDER granting 49 Motion to Withdraw as Attorney entered by Chief Judge Michael P. McCuskey on 2/12/2010. (MT, ilcd) (Entered: 02/12/2010)
02/12/10	53	MOTION for Designation of Management Counsel by Plaintiffs Curtis Czajka, Gerald P. Czuba, Richard Peleckis. (MT, ilcd) (Entered: 03/10/2010)
02/17/10		Minute Entry for proceedings held before Chief Judge Michael P. McCuskey and Judge Harold A. Baker. Status Conference held on 2/17/2010 by personal appearance. Appearance of plaintiffs by Jon Robinson, Liaison Counsel, Robert Shelquist, Charles Schaffer, Clayton Halunen, Charles DeLuca, Michael Flannery. Appearance of defendants by Christopher Murphy, Dan Pope, Michael Pope. Class Certification Motion due by 9/1/2010. Responses to class certification motion due by 10/1/2010. Hearing on motion for class certification set for 11/4/2010 01:30 PM in Courtroom B in Urbana before Judge Harold A. Baker. Redrafted management proposal with order to be filed within two weeks (March 3, 2010). Status Conference set for 3/12/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Attorneys are to notify the Clerk which attorneys will be included on the conference call. (Tape #Tape UR-B: 1:32 PM.)(MT, ilcd) (Entered: 02/17/2010)
02/17/10		TEXT ORDER entered by Judge Harold A. Baker on 2/17/2010. Pursuant to status conference held 2/17/2010, defendant IKO Sales, LTD is terminated from the case.. (MT, ilcd) (Entered: 02/17/2010)
02/22/10	50	CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENT by plaintiffs (MT, ilcd) (Entered: 03/02/2010)
02/22/10	55	(STRICKEN) CERTIFICATE OF SERVICE OF SERVICE OF DISCOVERY DOCUMENT by plaintiffs (MT, ilcd) Modified on 3/11/2010 (MT, ilcd). (Entered: 03/11/2010)
03/02/10	51	STATUS REPORT Joint Case Management Conference Statement and Order. (MT, ilcd) (Entered: 03/03/2010)
03/05/10	52	MDL Case Management Order #1 entered by Chief Judge Michael P. McCuskey on 3/5/2010. The Joint Case Management Conference Statement and Order is hereby adopted by the Court as Case Management Order No. 1 for the case, and the parties are ordered to comply with this Order. See written Order.(MT, ilcd) (MT, ilcd). (Entered: 03/05/2010)
03/05/10		Set/Reset Deadlines: Pursuant to Case Management Order #1 52 , Defendant's Expert Disclosure due by 8/2/2010. Plaintiff's Expert Disclosure due by 7/1/2010. (MT, ilcd) (Entered: 03/05/2010)
03/10/10		TEXT ORDER granting 53 Motion for Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. The plaintiffs have filed a motion and brief for designation of management counsel. The motion 20 is granted. Written order to be entered. (MT, ilcd) (Entered: 03/10/2010)
03/10/10	54	ORDER on Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. See written order.(MT, ilcd) (Entered: 03/10/2010)
03/11/10		TEXT ORDER STRIKING DOCUMENT entered by Judge Harold A. Baker on 3/11/2010. The 55 Certificate of Service is hereby stricken as having been previously filed.(MT, ilcd) (Entered: 03/11/2010)
03/12/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held by telephone on 3/12/2010. Appearance of plaintiffs by John Robinson, Charles Schaffer, Robert Shelquist, Clayton Halunen. Appearance of defendants by Christopher Murphy/Michael Pope/Dan Pope. Jurisdiction of Canadian entity discussed. IKO Industries agrees it is subject to this cout's jurisdiction. Further Status Conference set for 4/9/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(Court Reporter TJ.) (MT, ilcd) Modified on 3/15/2010 (MT, ilcd). (Entered: 03/12/2010)
03/15/10		Set/Reset Deadlines: IKO Chicago, INC answer due 4/12/2010; IKO Industries, LTD answer due 4/12/2010; IKO Manufacture, Inc. answer due 4/12/2010; IKO Pacific, INC answer due 4/12/2010. (MT, ilcd) (Entered: 03/15/2010)
03/15/10	56	(STRICKEN 3/18/2010) AMENDED COMPLAINT (Consolidate Class Action) against IKO Chicago, INC, IKO Industries, LTD, IKO Manufacture, Inc., IKO Pacific, INC, IKO Sales, LTD, filed by Richard Peleckis, Gerald P. Czuba, Curtis Czajka.(MT, ilcd) Modified on 3/18/2010 (MT, ilcd). (Entered: 03/18/2010)
03/18/10		TEXT ORDER re 56 Amended Complaint filed by Gerald P. Czuba, Richard Peleckis, Curtis Czajka entered by Judge Harold A. Baker on 3/18/2010. re 33 Amended Complaint, filed by William Curler, David Greenough, Gerald P. Czuba, Pamela D. McNeil, Curtis Czajka, Michael Augustine, Belinda Curler, Vincent Dion, DEBRA ZANETTI, Richard Peleckis, James K Cantwil, Michael Hight. The plaintiffs have filed a consolidated class action complaint 56 . The amended complaint is stricken because the caption incorrectly references the original case numbers in other courts. The case management order, 52 , p. 5, states that the caption should reflect "this court's docket number for each individual action[.]" The plaintiffs must refile the consolidated class action complaint with corrected caption and case numbers(MT, ilcd) Modified on 3/18/2010 (MT, ilcd). (Entered: 03/18/2010)
03/19/10	57	AMENDED COMPLAINT CONSOLIDATED CLASS ACTION against IKO Chicago, INC, IKO Industries, LTD, IKO Manufacture, Inc., IKO Pacific, INC, IKO Sales, LTD, filed by Richard Peleckis, Gerald P. Czuba, Curtis Czajka.(MT, ilcd) (Entered: 04/05/2010)
04/08/10	58	JOINT MOTION to Vacate April Telephone Status Conference by plaintiffs and defendants. (MT, ilcd) (Entered: 04/08/2010)
04/09/10		TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. The parties have filed a motion to vacate the April telephone status conference. The motion 58 is granted. The May telephone status conference will be held as scheduled. (MT, ilcd) (Entered: 04/09/2010)
04/09/10		MDL TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. Status Conference set for 5/14/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(MT, ilcd) (Entered: 04/09/2010)
04/14/10	59	UNOPPOSED MOTION for Leave to File Amended Complaint by plaintiffs. (MT, ilcd) (Entered: 04/15/2010)
04/19/10		TEXT ORDER entered by Judge Harold A. Baker on 4/19/2010. The plaintiff has filed a motion for leave to file an amended complaint. The defendants do not oppose the motion. The motion for leave to file an amended complaint 59 is granted. The amended complaint shall be filed within two days of the date of this order. (MT, ilcd) (Entered: 04/19/2010)
04/19/10	60	AMENDED COMPLAINT against IKO Chicago, INC, IKO Industries, LTD, IKO Manufacture, Inc., IKO Pacific, INC, IKO Sales, LTD, filed by Richard Peleckis, Gerald P. Czuba, Curtis Czajka.(MT, ilcd) (Entered: 04/19/2010)
05/03/10	61	MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Pacific, INC, IKO Production Inc. (MT, ilcd) Modified on 5/4/2010 to correct filing date. (MT, ilcd). (Entered: 05/04/2010)
05/03/10	62	MEMORANDUM in Support (not attached; see Case No. 09-2104 41 ) re 61 MOTION to Dismiss filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Pacific, INC, IKO Production Inc. (MT, ilcd) Modified on 5/4/2010 to correct filing date. (MT, ilcd). Modified on 5/7/2010 to add 41 (MT, ilcd). (Entered: 05/04/2010)
05/03/10	63	MOTION for Extension of Time to File Response/Reply as to 61 MOTION to Dismiss by Plaintiffs Curtis Czajka, Gerald P. Czuba. Responses due by 5/24/2010 (MT, ilcd) (Entered: 05/06/2010)
05/07/10		TEXT ORDER entered by Judge Harold A. Baker on 5/7/2010. The defendants have filed an unopposed motion for leave to file five extra pages in their memorandum in support of their motion to dismiss. The motion is granted. The defendants may file a memorandum five pages longer than that allowed by this court's Local Rules. The plaintiffs are granted leave to file a response brief that is five pages longer than that allowed by the Local Rules. The plaintiffs have filed a motion for extension of time to respond to the motion to dismiss. They seek an additional seven days to file their response. The motion for extension of time 43 is granted. The plaintiffs shall file their response no later than May 27, 2010. (MT, ilcd) (Entered: 05/07/2010)
05/14/10		Minute Entry for proceedings held 5/14/10 before Judge Harold A. Baker. Appearance of plaintiffs by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, and Robert Shelquist. Appearance of defendants by Attorneys Christopher Murphy, and Daniel Pope. Telephone Status Conference held. Further Status Conference set for 6/11/2010 at 10:00 AM in by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Tape #UR-B 10:05 AM.) (VB, ilcd) (Entered: 05/14/2010)
05/27/10	65	RESPONSE to Motion re 61 MOTION to Dismiss filed by Plaintiffs Curtis Czajka, Gerald P. Czuba, Richard Peleckis. (MT, ilcd) (Entered: 06/10/2010)
06/03/10		TEXT ORDER entered by Judge Harold A. Baker on 6/3/10. Due to a conflict in the court's calendar, the routine status conference now scheduled for Friday, June 11, 2010, at 10:00 a.m. CDT, is vacated and rescheduled for Tuesday, June 8, 2010, at 8:45 a.m. CDT, by telephone conference call. The court will initiate the call. The parties shall email an agenda to chambers at baker@ilcd.uscourts.gov no later than 5 p.m. on Monday, June 7, 2010. (VB, ilcd) (Entered: 06/03/2010)
06/08/10		Minute Entry for proceedings held 6/8/10 before Judge Harold A. Baker. Appearance of Attorney Jon Robinson for plaintiffs. Appearance of Attorneys Christopher Murphy and Dan Pope for defendants. Status Conference held. Case Management Order to be entered. (Court Reporter T J) (VB, ilcd) (Entered: 06/08/2010)
06/08/10	64	CASE MANAGEMENT ORDER #2 entered by Judge Harold A. Baker on 6/8/10. Status Conference set for 7/9/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. See written Order. (VB, ilcd) (Entered: 06/08/2010)
06/29/10	66	MOTION to Compel Answers to Interrogatories by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Production Inc. Responses due by 7/16/2010 (MT, ilcd) (Entered: 06/30/2010)
06/29/10	67	MEMORANDUM in Support re 66 MOTION to Compel Answers to Interrogatories filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Production Inc. (MT, ilcd) (Entered: 06/30/2010)
07/07/10	68	MOTION to Compel by Plaintiffs Curtis Czajka, Gerald P. Czuba, Richard Peleckis. Responses due by 7/26/2010 (MT, ilcd) (Entered: 07/07/2010)
07/07/10	69	MEMORANDUM in Support re 68 MOTION to Compel filed by Plaintiffs Curtis Czajka, Gerald P. Czuba, Richard Peleckis. (MT, ilcd) (Entered: 07/08/2010)
07/09/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 7/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Christopher Ellis/ Charles Schaffer/Shawn Wanta/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope/Mike Pope. Attorneys Mike Pope/Levin/Rosemergy must become e-filers. Motion to Compel 68 discussed and arguments heard. Further Status Conference set for 8/13/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Written order to be entered. (Court Reporter TJ.) (MT, ilcd) (Entered: 07/09/2010) (MT, ilcd) Modified on 7/9/2010 to correct Document Number to 68 . (MT, ilcd). (Entered: 07/09/2010)
07/09/10	70	CASE MANAGEMENT ORDER #3 entered by Judge Harold A. Baker on 7/9/2010. The plaintiffs shall file a third amended consolidated class action complaint within two weeks of the date of this order. The defendants shall file their answer within twenty-one days thereafter. The defendants' motion to compel 66 is granted. The defendants shall provide outstanding documents to the plaintiffs within the next several weeks. The plaintiffs shall respond to the interrogatories no later than August 16, 2010. The plaintiffs' motion to compel 68 remains pending. The plaintiffs shall file a motion to withdraw the motion to compel if the matter is resolved before the next telephone conference. If a motion to withdraw is not filed by August 6, 2010, the defendants shall file a response to the motion to compel no later than August 9, 2010. A telephone status conference is scheduled for August 13, 2010, at 8:30 a.m., by telephone conference call. The court will initiate the call. The parties shall submit an agenda by e-mail to chambers at least two days prior to the telephone conference. (MT, ilcd) (Entered: 07/09/2010)
07/20/10	71	Transcript of Proceedings held on July 9, 2010, before Judge Harold A. Baker. Court Reporter/Transcriber TJ. Transcript purchased by:Christopher Murphy. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 8/13/2010. Redacted Transcript Deadline set for 8/23/2010. Release of Transcript Restriction set for 10/21/2010. (MT, ilcd) (Entered: 07/20/2010)
07/23/10	72	THIRD AMENDED COMPLAINT against IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc, filed by Gerald P. Czuba.(MT, ilcd) (Entered: 07/26/2010)
07/23/10	73	MOTION to Withdraw Attorney Arnold Levin by Plaintiff Gerald P. Czuba. Responses due by 8/9/2010 (MT, ilcd) (Entered: 07/26/2010)
07/26/10		TEXT ORDER entered by Judge Harold A. Baker on 7/26/2010. The plaintiffs have filed a motion to withdraw the appearance of Arnold Levin, Esq., as counsel of record. The motion 73 is granted. The clerk is directed to amend the docket accordingly. (MT, ilcd) (Entered: 07/26/2010)
07/27/10		TEXT ORDER entered by Judge Harold A. Baker on 7/27/2010. The plaintiffs have filed a third amended consolidated class action complaint 72 . The pending motion to dismiss the second amended complaint 61 is moot. The defendants shall answer the third amended consolidated class action complaint on or before August 13, 2010. (MT, ilcd) (Entered: 07/27/2010)
07/27/10		Set/Reset Deadlines: IKO Industries, LTD answer to third amended complaint due 8/13/2010; IKO Manufacturing Inc answer to third amended complaint due 8/13/2010; IKO Midwest Inc answer to third amended complaint due 8/13/2010; IKO Production Inc answer to third amended complaint due 8/13/2010. (MT, ilcd) (Entered: 07/27/2010)
07/29/10	74	MOTION for Reconsideration re 70 Case Management Order #3 by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/29/2010)
07/29/10	75	MEMORANDUM in Support re 74 MOTION for Reconsideration re 70 Case Management Order #3 filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. (MT, ilcd) (Entered: 07/29/2010)
07/30/10	76	MOTION for Extension of Time for Production of Expert Reports by Plaintiff Gerald P. Czuba. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/30/2010)
07/30/10	77	MEMORANDUM in Support re 76 MOTION for Extension of Time for Production of Expert Reports filed by Plaintiff Gerald P. Czuba. (MT, ilcd) (Entered: 07/30/2010)
08/06/10	78	MOTION by all parties for Extension of Time for parties to resolve issues relating to plaintiffs' motion to compel 68 . Responses due by 8/23/2010 (MT, ilcd) (Entered: 08/06/2010)
08/11/10	79	RESPONSE to Motion re 74 MOTION for Reconsideration re 70 Order, filed by Plaintiffs Gerald P. Czuba, Richard Peleckis. (MT, ilcd) (Entered: 08/11/2010)
08/11/10	80	MEMORANDUM in Opposition re 76 MOTION for Extension of Time to Complete Discovery filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. (MT, ilcd) (Entered: 08/11/2010)
08/12/10	81	ORDER entered by Judge Harold A. Baker on 8/12/2010. The motion for reconsideration 74 is denied. The deadlines for expert discovery and class certification are vacated. The parties shall submit by August 13th, 2010, a joint motion for extension of these deadlines. The motion for extension of time to complete expert discovery 76 is moot. The joint motion for extension of time regarding the motion to compel 78 is granted. The motion to compel 68 remains pending. (MT, ilcd) (Entered: 08/12/2010)
08/12/10	82	JOINT MOTION by all parties for Order to Extend Case Management Order. Responses due by 8/30/2010 (MT, ilcd) (Entered: 08/12/2010)
08/13/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 8/13/2010. Appearance of plaintiffs by Jon Robinson, Chris Ellis, Charles Schaffer, Shawn Wanta, Robert Shelquist. Appearance of defendants by Ch ristopher Murphy and Dan Pope. Discussion held re case management deadlines. Further Status Conference set for 9/9/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) Modified on 8/13/2010 to correct typographical error. (MT, ilcd). (Entered: 08/13/2010)
08/13/10		Notice of Docket Text or Event Modification. The Minute Entry entered 8/13/2010 was modified to correct a typographical error. (MT, ilcd) (Entered: 08/13/2010)
08/13/10	83	MOTION by defendants for Extension of Time to File Answer to Third Amended Complaint 72 . Responses due by 8/30/2010 (MT, ilcd) Modified on 8/13/2010 to add by defendants. (MT, ilcd). Modified on 8/13/2010 to link motion to complaint. (MT, ilcd). (Entered: 08/13/2010)
08/20/10		TEXT ORDER. Entered by Judge Harold A. Baker on 8/30/2010. The defendants have filed a motion for extension of time to answer the plaintiffs' third consolidated class action complaint. The motion for extension of time 83 is granted. The defendants shall file their answer on or before August 30, 2010. (MT, ilcd) (Entered: 08/20/2010)
08/20/10	85	ANSWER and AFFIRMATIVE DEFENSES to 72 Third Amended Complaint by IKO Industries Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	86	ANSWER and AFFIRMATIVE DEFENSES to 72 Third Amended Complaint by IKO Industries, LTD.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	87	ANSWER and AFFIRMATIVE DEFENSES to 72 Third Amended Complaint by IKO Manufacturing Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	88	ANSWER and AFFIRMATIVE DEFENSES to 72 Third Amended Complaint by IKO Midwest Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	89	ANSWER and AFFIRMATIVE DEFENSES to 72 Third Amended Complaint by IKO Production Inc.(MT, ilcd) (Entered: 09/09/2010)
09/02/10	84	NOTICE of Withdrawal of Plaintiffs' Motion to Compel re 68 MOTION to Compel (MT, ilcd) (Entered: 09/02/2010)
09/03/10		TEXT ORDER entered by Judge Harold A. Baker on 9/3/2010. The plaintiffs have filed a notice of withdrawal of their motion to compel. The court construes the notice as a motion. The motion to withdraw 84 is granted. The motion to compel 68 is withdrawn.(MT, ilcd) (Entered: 09/03/2010)
09/09/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 9/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope. The court accepts defendants' suggested deadlines. Plaintiffs' Expert Disclosure due by 10/1/2010. Defendants' Expert Disclosure due by 11/1/2010. Class Certification Motion due by 11/8/2010. Responses to class certification motion due by 12/10/2010. Further Status Conference set for 10/15/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter Toni.) (MT, ilcd) (Entered: 09/09/2010)
09/10/10	90	CASE MANAGEMENT ORDER #4 entered by Judge Harold A. Baker on 9/10/2010. The court held a status conference on 9/9/2010. The pending joint motion 82 to extend deadlines in Case Management Order #3 is granted in part and denied in part. Dates and deadlines set. A Hearing on Motion for class certification is scheduled 12/17/2010 02:00 PM in Courtroom B in Urbana before Judge Harold A. Baker sitting in Urbana, Illinois. See written order.(MT, ilcd) (Entered: 09/10/2010)
09/20/10		TEXT ORDER entered by Judge Harold A. Baker on 9/20/2010. The Status Conference set for 10/15/2010 08:30 AM by telephone from Urbana will be before Judge Harold A. Baker. (MT, ilcd) (Entered: 09/20/2010)
09/23/10	91	(STRICKEN 9/24/2010) MOTION for Extension of Time to Complete Discovery by Plaintiffs Curtis Czajka, Gerald P. Czuba, Richard Peleckis. Responses due by 10/12/2010 (MT, ilcd) Modified on 9/24/2010 (MT, ilcd). (Entered: 09/24/2010)
09/23/10	92	MEMORANDUM in Support re 91 MOTION for Extension of Time to Complete Discovery filed by Plaintiffs Gerald P. Czuba, Richard Peleckis. (MT, ilcd) (Entered: 09/24/2010)
09/23/10	93	CERTIFICATE of Compliance re Memo in Support 92 . (MT, ilcd) (Entered: 09/24/2010)
09/23/10	94	MOTION to Strike 91 MOTION for Extension of Time to Complete Discovery by Plaintiff Gerald P. Czuba. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/24/2010)
09/23/10	95	AMENDED DOCUMENT by Gerald P. Czuba. Amendment to 92 Memorandum in Support of Motion. (MT, ilcd) (Entered: 09/24/2010)
09/24/10		TEXT ORDER entered by Judge Harold A. Baker on 9/24/2010. The plaintiffs have filed a motion to strike their motion for extension of time, and to file an amended motion for extension of time. The motion to strike 94 is granted. Docket entry 91 is stricken. The plaintiffs shall file their amended motion no later than Tuesday, September 28, 2010. (MT, ilcd) (Entered: 09/24/2010)
09/24/10	96	EMERGENCY MOTION for Extension of CMO Deadlines by Plaintiffs Curtis Czajka, Gerald P. Czuba. Responses due by 10/12/2010 (MT, ilcd) Modified on 9/27/2010 to add "EMERGENCY" (MT, ilcd). (Entered: 09/27/2010)
09/24/10	97	EMERGENCY MOTION to Compel Production of Documents by Plaintiffs Curtis Czajka, Gerald P. Czuba. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/27/2010)
09/24/10	98	MEMORANDUM in Support re 97 MOTION to Compel Production of Documents filed by Plaintiffs Curtis Czajka, Gerald P. Czuba. (MT, ilcd) (Entered: 09/27/2010)
09/24/10	99	AFFIDAVIT of Charles E. Schaffer re 97 MOTION to Compel Production of Documents by Curtis Czajka, Gerald P. Czuba. (MT, ilcd) (Entered: 09/27/2010)
09/29/10	100	MEMORANDUM in Opposition with Exhibits re 96 MOTION for Extension of Time to Complete Discovery filed by defendants. (MT, ilcd) (Entered: 10/13/2010)
10/01/10		TEXT ORDER entered by Judge Harold A. Baker on 10/1/10. The plaintiff has filed an emergency motion for extension of time. The defendants oppose the motion. A routine status conference is scheduled for October 15, 2010. All deadlines and due dates in the current case management order are suspended and will be addressed at the October 15, 2010, telephone status conference. The plaintiffs have also filed an emergency motion to compel production of documents. The defendants shall file a response no later than October 12, 2010. (VB, ilcd) (Entered: 10/01/2010)
10/12/10	101	MEMORANDUM in Opposition with Exhibits re 97 MOTION to Compel Production of Documents filed by defendants. (MT, ilcd) (Entered: 10/13/2010)
10/13/10	102	MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine by defendants. Responses due by 11/1/2010 (MT, ilcd) (Entered: 10/14/2010)
10/13/10	103	MEMORANDUM in Support re 102 MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine by defendants. (MT, ilcd) (Entered: 10/14/2010)
10/15/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 10/15/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Charles Schaffer/Shawn Wanta; appearance of defendants by Christopher Murphy/Dan Pope. The court granted the plaintiffs' motion for extension of discovery deadlines 96 . The parties shall file a new agreed proposed discovery schedule within seven days. The plaintiffs' motion to compel 97 remains pending; the parties will attempt to work out this dispute on their own. When the issue is resolved, the plaintiff shall file a motion to withdraw the motion to compel. The defendants' motion to reopen the depositions of plaintiffs Greenough and Augustine 102 is granted. Those plaintiffs shall be redeposed in Chicago, Illinois, at the plaintiffs' expense. Status Conference set for 11/12/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(Court Reporter TJ.) (MT, ilcd) (Entered: 10/15/2010)
10/21/10	104	JOINT MOTION Parties' Agreed Proposed Schedule filed by defendants. Responses due by 11/8/2010 (MT, ilcd) (Entered: 10/21/2010)
10/28/10	105	CERTIFICATE OF SERVICE plaintiffs' Third Set of Requests for Production of Documents and Tangible Things to All Defendants by plaintiffs.(MT, ilcd) (Entered: 10/28/2010)
11/03/10	106	CERTIFICATE OF SERVICE of Plaintiffs' Omibus Objections and Responses to Defendants' Second Set of Requests to Produce by plaintiffs (MT, ilcd) (Entered: 11/04/2010)
11/04/10		TEXT ORDER entered by Judge Harold A. Baker on 11/3/2010. At a telephone status conference on October 15, 2010, the parties were ordered to submit a new proposed discovery schedule. On October 21, 2010, they submitted an agreed proposed schedule. The court grants the motion to enter the proposed schedule 104 . The court adopts the dates in the agreed proposed schedule. The motion hearing now scheduled for December 17, 2010, at 2:00 p.m., is vacated and rescheduled for March 25, 2011, at 2:00 p.m. by personal appearance.(MT, ilcd) (Entered: 11/04/2010)
11/09/10		TEXT ORDER entered by Judge Harold A. Baker on 11/9/10. The parties have informed the court that they have nothing to present for discussion at the telephone status conference scheduled for Friday, November 12, 2010. The next status conference is scheduled for Friday, December 10, 2010, at 8:30 a.m. by telephone conference call. The court will initiate the call. As of the last status conference, the plaintiffs' motion to compel 81 was pending; the parties were attempting to work out this dispute on their own. When the issue was resolved, the plaintiffs were to file a motion to withdraw the motion to compel. The plaintiffs have not yet done so. If the matter is now resolved, the plaintiffs must file, forthwith, a motion to withdraw the motion to compel. Otherwise, the parties shall place it on the agenda for the December 10, 2010, telephone status conference. (VB, ilcd) (Entered: 11/09/2010)
11/24/10	107	NOTICE of Appearance of Attorney by Eric D Holland on behalf of Curtis Czajka, Gerald P. Czuba (VB, ilcd) (Entered: 11/24/2010)
12/07/10	108	MOTION to Withdraw 97 MOTION to Compel by Plaintiffs Curtis Czajka, Gerald P. Czuba. Responses due by 12/27/2010 (VB, ilcd) Modified on 12/8/2010 to change the filing date from 12/8/10 to 12/7/10. NEF regenerated to Counsel (VB, ilcd). (Entered: 12/08/2010)
12/08/10		TEXT ORDER entered by Judge Harold A. Baker on 12/8/10. The plaintiffs have filed a motion to withdraw their motion to compel. The motion to withdraw 108 is granted. The motion to compel 97 is withdrawn. (VB, ilcd) (Entered: 12/08/2010)
12/10/10		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for plaintiffs. Appearance of Attorneys Christopher Murphy, Daniel Pope for defendants. Status Conference held. Plaintiffs wish to amend complaint. Defendant objects to the amended complaint. Arguments heard. Plaintiff is directed to file a motion to amend complaint. Further Status Conference set for 1/14/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J.) (VB, ilcd) (Entered: 12/10/2010)
12/30/10	109	MOTION to Consolidate Complaints, MOTION to Amend Third Amended Consolidated Complaint by Plaintiff Gerald P. Czuba. Responses due by 1/18/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Leave to Amend, # 4 Text of Proposed Order Leave to Consolidate) (VB, ilcd) Modified on 1/12/2011 to correct filer (VB, ilcd). (Entered: 01/12/2011)
12/30/10	110	MEMORANDUM in Support re 109 MOTION to Consolidate Complaintis, MOTION to Amend Third Amended Consolidated Complaint filed by Plaintiff Gerald P. Czuba. (VB, ilcd) (Entered: 01/12/2011)
01/05/11	111	MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 1/24/2011 (VB, ilcd) (Entered: 01/12/2011)
01/05/11	112	MEMORANDUM in Support re 111 MOTION to Compel Production of Documents, or Alternatively, Exclude Plaintiffs From Using Such Documents filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (VB, ilcd) (Entered: 01/12/2011)
01/11/11	113	NOTICE OF FILING OFFICIAL TRANSCRIPT of Conference Call Proceedings held on 10/15/2010, before Judge Harold A Baker. Court Reporter/Transcriber T J, Telephone number 217-373-5835. Transcript purchased by:Jon Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 2/4/2011. Redacted Transcript Deadline set for 2/14/2011. Release of Transcript Restriction set for 4/14/2011. (VB, ilcd) (Entered: 01/12/2011)
01/13/11	114	MOTION to Extend Case Scheduled by One Month by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 1/31/2011 (VB, ilcd) (Entered: 01/18/2011)
01/14/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for Plaintiffs. Appearance of Attorneys Christopher Murphy, Dan Pope for Defendants. Telephone Status Conference held. Status of case discussed. Case Management Order to be entered. Telephone Status Conference set for 2/11/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J.) (VB, ilcd) Modified on 1/18/2011 to correct the appearances of Attorneys (VB, ilcd). (Entered: 01/15/2011)
01/18/11	115	CASE MANAGEMENT ORDER #5 entered by Judge Harold A. Baker on 1/18/11 granting 109 Motion to Consolidate Cases; granting 109 Motion to Amend/Correct; granting 111 Motion to Compel; ; The plaintiffs are ordered to produce all such documents no later than January 24, 2011; granting 114 Motion to Extend Case Schedule by One Month. A status conference is scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. An agenda for the conference shall be submitted to chambers email no later than February 9, 2011. See written Order. (VB, ilcd) (Main Document 115 replaced on 1/18/2011) (VB, ilcd). (Entered: 01/18/2011)
02/04/11		TEXT ORDER entered by Judge Harold A. Baker on 2/3/11. The status conference now scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call, is vacated and rescheduled for one hour later on the same day, February 11, 2011, at 9:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/04/2011)
02/10/11		TEXT ORDER entered by Judge Harold A. Baker on 2/10/11. The parties report that they have nothing to present for discussion at the status conference now set for Friday, February 11, 2011, at 9:30 a.m. Consequently, that status conference is vacated. The next status conference will be held on March 11, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/10/2011)
02/24/11	116	(WITHDRAWN) MOTION to Compel Production of Documents by Plaintiff Gerald P. Czuba. Responses due by 3/14/2011 (VB, ilcd) Modified on 3/11/2011 to reflect that purusant to Text Order entered 3/10/11, this document is withdrawn (VB, ilcd). (Entered: 03/09/2011)
02/24/11	117	MEMORANDUM in Support re 116 MOTION to Compel Production of Documents filed by Plaintiff Gerald P. Czuba. (VB, ilcd) (Entered: 03/09/2011)
03/09/11		TEXT ORDER entered by Judge Harold A. Baker on 3/9/11. The parties have notified the court that they have no agenda items for the telephone status conference now scheduled for Friday, March 11, at 8:30 a.m. However, the plaintiffs have filed a motion to compel production of documents. That motion 116 is pending. If the parties have resolved the matter, the plaintiffs should file a motion to withdraw the motion to compel. If the matter is unresolved, the telephone status conference will be held as scheduled, and the plaintiffs' counsel must notify the court no later than March 10, 2011, at 4:00 p.m. of the telephone numbers at which the attorneys who will participate in the conference can be reached. (VB, ilcd) (Entered: 03/09/2011)
03/10/11		TEXT ORDER entered by Judge Harold A. Baker on 3/10/11. On February 24, 2011, the plaintiffs filed a motion to compel production of documents. They have now filed a notice of withdrawal 114 of the motion to compel in 09-md-2104. Therefore, the motion to compel 116 is withdrawn. The telephone status conference now scheduled for Friday, March 11, 2011, at 8:30 a.m. is vacated. The next status conference is scheduled for Friday, April 8, 2011, at 8:30 a.m. by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 03/10/2011)
03/22/11		TEXT ORDER entered by Judge Harold A. Baker on 3/22/11. The motion hearing scheduled for March 25, 2011, at 2:00 p.m. has been vacated pursuant to Case Management Order #5, d/e 115 . The hearing on the motion for class certification will be rescheduled after expert discovery has closed and new deadlines for the filing of motions, responses and, if needed, replies, are established. (VB, ilcd) (Entered: 03/22/2011)
04/06/11		TEXT ORDER entered by Judge Harold A. Baker on 4/6/11. The parties have informed the court that they have no items to present for discussion at the telephone status conference now scheduled for April 8, 2011. Consequently, that status conference is vacated and rescheduled for Friday, May 20, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 04/06/2011)
05/16/11	118	MOTION to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (Attachments: # 1 Exhibit 1) (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	119	MOTION for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	120	MEMORANDUM in Support re 118 MOTION to Exclude Plaintiffs' Expert's Testimony filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit A - Appendix A-F, # 3 Exhibit A - Appendix G - Part 1, # 4 Exhibit A - Appendix G - Part 2, # 5 Exhibit A - Appendix H-I, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O) (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	121	+++ SEALED DOCUMENT.. (Attachments: # 1 Exhibit F - Part 2, # 2 Exhibit F - Part 3, # 3 Exhibit F - Part 4, # 4 Exhibit F - Part 5, # 5 Exhibit F - Part 6, # 6 Exhibit F - Part 7, # 7 Exhibit F - Part 8, # 8 Exhibit F - Part 9, # 9 Exhibit F - Appendix 04, # 10 Exhibit F - Appendix 07, # 11 Exhibit F - Appendix 09, # 12 Exhibit F - Appendix 10, # 13 Exhibit F - Appendix 11, # 14 Exhibit F - Appendix 14, # 15 Exhibit F - Appendix 19, # 16 Exhibit F - Appendix 26, # 17 Exhibit F - Appendix 27, # 18 Exhibit F - Appendix 29, # 19 Exhibit F - Appendix 30) (VB, ilcd) Modified on 5/17/2011 to change filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/18/11		TEXT ORDER entered by Judge Harold A. Baker on 5/18/11. Due to a conflict in the Court's calendar, the status conference call scheduled for 5/20/11 at 8:30a.m. has been rescheduled to 5/24/11 at 8:30 a.m. The Court will initiate the call. (VB, ilcd) (Entered: 05/18/2011)
05/24/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorney Jon Robinson and Charles Schaffer for Plaintiffs. Appearance of Attorney Christopher Murphy for Defendants. Status Conference held. Discussion with Counsel held. Scheduling Order to be submitted to Counsel. Court is granting 119 Defendants' Motion for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony. (Court Reporter T J.) (VB, ilcd) Modified on 5/24/2011 to correct which Attorneys were present (VB, ilcd). (Entered: 05/24/2011)
05/24/11	122	COURT'S SUGGESTED SCHEDULING ORDER entered by Judge Harold A. Baker on 5/24/11. July 20, 2011, plaintiffs finish taking the depositions of defendants' four identified expert witnesses; August 31, 2011, plaintiffs respond to the defendants' pending Daubert motion; October 5, 2011, 9:30 a.m. Daubert hearing by personal appearance before the court in Urbana; The court will try to rule on the Daubert motion by October 7, 2011. November 1, 2011, plaintiffs' class certification is due; November 30, 2011, defendants' response to the class certification is due; December 15, 2011, oral argument on class certification by personal appearance before the court in Urbana. See written Order. (VB, ilcd) Modified on 5/25/2011 to change the filing date from 5/25/11 to 5/24/11 (VB, ilcd). (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. Telephone Status Conference is scheduled for 5/26/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. By request of Attorney Murphy, the Telephone Status Conference scheduled for 5/26/11 at 8:30 AM has been changed to 5/27/11 at 8:30 AM. The Court will place the call. (VB, ilcd) (Entered: 05/25/2011)
05/27/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 5/27/2011. Appearances for plaintiffs by Jon Robinson and Charles Schaffer. Appearances for defendants by Christopher Murphy, Michael Pope and Daniel Pope. Discussion held on discovery. Scheduling order to be entered. (Court Reporter TJ) (KW, ilcd) (Entered: 05/27/2011)
05/27/11	123	COURT'S SCHEDULING ORDER Entered by Judge Harold A. Baker on 5/27/11. Daubert Hearing set for 10/5/2011 at 9:30 AM in Courtroom B in Urbana before Judge Harold A. Baker. Class Certification Hearing set for 12/15/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written scheduling order. (KW, ilcd) (Entered: 05/27/2011)
06/21/11	124	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 5/27/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Chris Murphy & Michael Pope. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011. (KW, ilcd) (Entered: 06/21/2011)
06/22/11	125	MOTION to Compel Deposition by Plaintiff Gerald P. Czuba. Responses due by 7/11/2011 (VB, ilcd) (Entered: 06/23/2011)
06/22/11	126	MEMORANDUM in Support re 125 MOTION to Compel filed by Plaintiff Gerald P. Czuba. (Attachments: # 1 Affidavit of Charles E Schaffer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(VB, ilcd) (Entered: 06/23/2011)
06/23/11	127	MOTION for Protective Order by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 7/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(VB, ilcd) (Entered: 06/23/2011)
06/23/11/		TEXT ORDER entered by Judge Harold A. Baker on 6/23/11. The plaintiffs have filed an emergency motion to compel deposition testimony or in the alternative to strike the defendants' expert reports 125 . The defendants have responded with a motion for entry of a protective order 127 . A conference will be held on Friday, June 24, 2011, at 9:00 a.m. by telephone conference call. Parties shall notify the court of who will take the call if possible. In the event that notification is not made to the court, the court will contact the attorneys whom were on the previous telephone conference. The court will initiate the call. (VB, ilcd) (Entered: 06/23/2011)
06/24/11		Set/Reset Hearings: CORRECTION to Text Order entered 6/23/11. Corrected in that the Conference is correctly set for 6/24/2011 at 9:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (VB, ilcd) (Entered: 06/24/2011)
06/24/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 6/24/2011. Appearances for plaintiffs by Christopher Ellis, Jon Robinson, Shawn Wanta and Charles Schaffer. Appearance for defendants by Christopher Murphy. Discovery matters discussed. Plaintiffs' Motion to Compel 125 is granted. denying 127 Defendants' Motion for Protective Order 127 is denied. (Court Reporter TJ) (KW, ilcd) (Entered: 06/24/2011)
08/30/11		Set/Reset Deadlines/Hearings as to 118 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 09:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
08/30/11		Reset Hearing as to 118 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 at 9:30 AM by personal appearance in Courtroom B in Urbana before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
09/09/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/9/11. The plaintiffs have filed four motions for leave to file [130, 131, 133, 136] and two motions to exclude expert testimony [134, 137]. These motions must also be e-filed in each individual case. The plaintiffs shall file each motion in each individual case within two business days of the date of this order.(KW, ilcd) (Entered: 09/09/2011)
09/12/11	128	MOTION for Leave to File Excess Pages of Plaintiffs' Response to Defendants' Motion to Exclude Plaintiffs' Expert by Plaintiff Gerald P. Czuba. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	129	MOTION for Leave to File DVD Conventionally by Plaintiff Gerald P. Czuba. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	130	MOTION for Leave to File Excess Pages of Plaintiffs' Brief in Support of Plaintiffs' Motion to Exclude Defendants' Expert Priest by Plaintiff Gerald P. Czuba. Responses due by 9/29/2011 (Attachments: # 1 Exhibit a, # 2 Exhibit b)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	131	MOTION to Exclude Defendants' Expert Priest by Plaintiff Gerald P. Czuba. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	132	MOTION for Leave to File Excess Pages of Brief in Support of Plaintiffs' Motion to Exclude Defendants' Expert Ricketts by Plaintiff Gerald P. Czuba. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	133	MOTION to Exclude Defendants' Expert Ricketts by Plaintiff Gerald P. Czuba. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/13/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/13/11. The plaintiffs have filed a motion for leave to file excess pages in response to the defendants' motion to exclude experts 128 , a motion for leave to file conventionally an exhibit on DVD 129 , a motion for leave to file excess pages in support of their motion to exclude expert George Priest 130 , and a motion for leave to file excess pages in support of their motion to exclude expert John Ricketts 132 . These motions for leave to file [128, 129, 130, and 132] are granted. The clerk is directed to detach d/e 128-1 and file it as a response to d/e 118. The clerk is further directed to docket the DVD as a separate event entitled Exhibit C to the Memorandum in Opposition to Defendants' Motion to Exclude the Plaintiff's Expert Testimony and retain the DVD in the clerk's office. The clerk is further directed to detach d/e 130-2 and file it as a memorandum in support of d/e 131. The clerk is further directed to detach d/e 132-1 and file it as a memorandum in support of d/e 133. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	134	RESPONSE to Motion re MOTION to Exclude Plaintiffs' Expert's Testimony 118 filed by Plaintiff Gerald P. Czuba. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	135	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Priest 131 filed by Plaintiff Gerald P. Czuba. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	136	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Ricketts 133 filed by Plaintiff Gerald P. Czuba. (KW, ilcd) (Entered: 09/13/2011)
09/13/11		Exhibit C DVD re Response to Motion 134 by Gerald P. Czuba. The DVD is maintained in the Clerk's Office vault. (KW, ilcd) (Entered: 09/13/2011)
09/16/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/16/11. By request of counsel, Status Conference set for 9/20/2011 at 1:30 PM by telephone from Urbana to discuss the upcoming hearing dates (court will place call) before Judge Harold A. Baker. Parties to notify the Clerk's Office on who will participate at the conference call. (KW, ilcd) (Entered: 09/16/2011)
09/16/11	137	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 6/24/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 10/11/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011. (KW, ilcd) (Entered: 09/16/2011)
09/20/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/20/11. The court has been advised that the telephone status conference requested by the parties, now scheduled for September 20, 2011, at 1:30 p.m., is no longer needed. Consequently, the court vacates that status conference. (KW, ilcd) (Entered: 09/20/2011)
09/21/11		TEXT ORDER entered by Judge Harold A. Baker on 9/21/11. The parties are to e-file their joint proposed amended case management order on or before the close of business on Monday, September 26, 2011. Miscellaneous Deadline set of 9/26/2011. (VB, ilcd) (Entered: 09/21/2011)
09/28/11	138	CASE MANAGEMENT ORDER #7 Entered by Judge Harold A. Baker on 9/28/11. Defendants may respond to plaintiffs' Daubert motion by Oct. 14, 2011. Defendants may file reply by 11/20/11. The Daubert Hearing set for 10/5/2011 is vacated and rescheduled to 12/1/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. Plaintiff's motion and supporting memorandum for class certification is due by 1/5/2012. Defendants' response due by 2/6/2012. Replies due by 2/21/2012. Motion Hearing set for 3/8/2012 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written order. (KW, ilcd) (Entered: 09/29/2011)
11/16/11		TEXT ORDER entered by Judge Harold A. Baker on 11/16/2011. The courtroom deputy has informed the court of phone calls from counsel inquiring about the format of the Daubert hearing scheduled to begin at 9:00 a.m. on December 1, 2011. There are several motions to exclude the testimony and reports of certain witnesses designated as experts under Rule 26 [115, 134, 137]. The motions require a hearing under Fed. R. Evid. 104 and 702. The most effective way to resolve the motions is to have the court hear the testimony that is going to be offered. That format also affords the court the opportunity to ask questions of the witnesses, if that is necessary. In that way, the court can most effectively apply the analysis required by Daubert. See also American Honda Motor Co., Inc. v. Allen, 600 F.3d 813 (7th Cir. 2010). Case Management Order #7 148 clearly states that on December 1, 2011, "the court will hear all evidence and argument pertaining to the parties' experts. The parties shall have all experts appear personally before the court at that date and time." In addition, the courtroom deputy has informed counsel for defendants that if there is a motion to exclude the witness and the party who is tendering the witness as an expert wants the court to allow the expert to testify at the trial, then the party proffering the witness as an expert must have the witness at the December 1, 2011, hearing or the witness will be barred from testifying.(SP, ilcd) (Entered: 11/16/2011)
12/01/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion Hearing held on 12/1/2011 re 118 MOTION to Exclude Plaintiffs' Expert's Testimony, 131 MOTION to Exclude Defendants' Expert Priest, and 133 MOTION to Exclude Defendants' Expert Ricketts filed by Gerald P. Czuba. Appearances for plaintiffs by Jon Robinson, Christopher Ellis, Charles Schaffer, Robert Shelquist, Clayton Halunen, Shawn Wanta. Appearances for defendants by Steven Handler, Christopher Murphy, Zoya Arora and Daniel Pope. Evidence for plaintiffs. Expert witness, Dean Rutila, sworn; testimony heard. Evidence for defendants. Expert witness, George Priest, sworn; testimony heard. Court in recess until 9:30 am on 12/2/2011. (Court Reporter TJ) (SP, ilcd) (Entered: 12/02/2011)
12/02/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion (Daubert) Hearing continued on 12/2/2011; same appearances. 131 Motion to Exclude Defendants' Expert Priest is denied without prejudice and with leave to renew. Evidence for defendants. Expert witness, John William Ricketts, sworn; testimony heard. Exhibits from 12/1/2011 and 12/2/2011 marked and tendered to the court. Motions 118 and 133 taken under advisement. (Court Reporter TJ) (SP, ilcd) (Entered: 12/05/2011)
12/02/11	139	Exhibit List for Plaintiffs' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/02/11	140	Exhibit List for Defendants' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/07/11		TEXT ORDER entered by Judge Harold A. Baker on 12/7/2011. All exhibits submitted to the court to support the parties' offer of proof are received for the purposes of the motions. To assist the court in preserving the record, counsel shall notify the court whether all marked exhibits are to be considered, whether displayed at the hearing or not.(SP, ilcd) (Entered: 12/07/2011)

hide docket

09-cv-02307 12/15/09 Hight et al. v. IKO Manufacturing, Inc., et al.

Date Filed	No.	Docket Text
06/26/09	1	COMPLAINT - CLASS ACTION FOR DAMAGES, INJUNCTIVE RELIEF AND RESTITUTION against all defendants (Summons(es) NOT issued)(Receipt # SEA27184), filed by Michael Hight, Michael Augustine. (Attachments: # 1 Civil Cover Sheet, # 2 Transmittal Email)(MKB) (Entered: 06/30/2009)
07/23/09	4	NOTICE of Appearance by attorney Jack Lovejoy on behalf of Defendants IKO Pacific Inc, IKO Chicago Inc, IKO Manufacturing Inc. (Lovejoy, Jack) (Entered: 07/23/2009)
07/27/09	11	MOTION for Extension of Time to File Answer by Defendants IKO Pacific Inc, IKO Chicago Inc, IKO Manufacturing Inc. (Attachments: # 1 Proposed Order) Noting Date 7/27/2009, (Lovejoy, Jack) (Entered: 07/27/2009)
07/30/09	12	ORDER GRANTING 11 Motion for Extension of Time to file answer by Judge Ricardo S Martinez. (KL) (Entered: 07/30/2009)
08/11/09	17	NOTICE filed by dfts IKO Manufacturing, et al before MDL Panel re Motion for Transfer of Actions (RS) (Entered: 08/12/2009)
08/24/09	18	NOTICE of Appearance and Corporate Disclosure Statement filed by Defendants IKO Pacific Inc, IKO Chicago Inc, IKO Manufacturing Inc. Which is before the MDL Panel re: MDL 2104.(MD) (Entered: 08/24/2009)
08/31/09	19	NOTICE filed before the MDL Panel in re IKO Roofing Shingle MDL 2104; plaintiffs' response to dft's motion for transfer of actions to the N District of Illinois (RS) (Entered: 09/02/2009)
09/22/09	20	Joint MOTION to Stay Proceedings Pending Decision by the Judicial Panel on Multidistrict Litigation by Defendants IKO Pacific Inc, IKO Chicago Inc, IKO Manufacturing Inc, Plaintiffs Michael Hight, Michael Augustine. (Attachments: # 1 Exhibit A, # 2 Proposed Order) Noting Date 9/22/2009, (Lovejoy, Jack) (Entered: 09/22/2009)
09/24/09	21	ORDER granting 20 Joint Motion staying all pretrial proceedings pending decision by judicial panel on MDL by Judge Ricardo S Martinez.(RS) (Entered: 09/24/2009)
12/15/09	22	MDL 2104 TRANSFER ORDER in re IKO Roofing Shingle Products; Central District of Illinois; assigned to Judge Michael Patrick McCuskey. Clerk transferred case by ECF electronic case transfer on 12/15/09. (RS) (Entered: 12/15/2009)
12/16/09	23	Case transferred in from District of Washington Western; Case Number 2:09-cv-00887. and certified copy of transfer order and docket sheet received. (Entered: 12/16/2009)
12/16/09	24	MDL ORDER #1 entered by Chief Judge Michael P. McCuskey on 12/16/2009. Practice and Procedure Order Upon Transfer Pursuant to 28 USC § 1407(a). (MT, ilcd) (Entered: 12/16/2009)
12/17/09	25	MDL ORDER #2 entered by Chief Judge Michael P. McCuskey on 12/17/2009. Status Conference set for 2/17/2010 01:30 PM in Courtroom A in Urbana before Chief Judge Michael P. McCuskey by personal appearance. See written order. (Miscellaneous Deadline 2/3/2010: Parties will submit a list of all companies affiliated with the parties and all counsel associated in the litigation. By 2/3/2010 file a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues.) (Attachments: # 1 Attachment A)(MT, ilcd) (Entered: 12/17/2009) (Entered: 12/17/2009)
12/18/09		MDL TEXT ORDER entered by Chief Judge Michael P. McCuskey on 12/18/2009 re MDL ORDER #2. On December 17, 2009, the court entered MDL Order #2, with Attachment A. Paragraph VI(G) of Attachment A is deleted and replaced with the following: Consideration of the creation of a common electronic data base for sharing all discovery materials, including but not limited to documents, reports, photographs, depositions, and stipulations.(MT, ilcd) (Entered: 12/18/2009)
12/23/09	26	NOTICE of Appearance of Attorney Jon Robinson, Liaison Attorney for Michael Augustine, Michael Hight (MT, ilcd) (Entered: 12/23/2009)
12/23/09	27	MOTION Unopposed Motion for Limited Relief from Discovery Stay by Plaintiffs Michael Augustine, James K Cantwil, William Curler, Curtis Czajka, Gerald P. Czuba, Michael Hight, Pamela D. McNeil, Richard Peleckis, DEBRA ZANETTI. Responses due by 1/11/2010 (MT, ilcd) (Entered: 12/23/2009)
12/23/09		TEXT ORDER granting 27 Unopposed Motion for limited relief from discovery stay. Plaintiffs are allowed to issue a subpoena duces tecum as requested in their Unopposed Motion. Entered by Chief Judge Michael P. McCuskey on 12/23/2009(MT, ilcd) (Entered: 12/23/2009)
12/28/09	28	RESPONSE to Motion re 27 MOTION for Order filed by Defendants IKO Chicago Inc, IKO Manufacturing Inc, IKO Pacific Inc. (MT, ilcd) (Entered: 12/28/2009)
01/04/10	29	NOTICE of Appearance of Attorney of Christopher Ellis for Michael Augustine, Michael Hight (MT, ilcd) (Entered: 01/05/2010)
01/20/10	30	NOTICE of Change of Address by Attorney Nancy A Pacharzina for Michael Augustine. (MT, ilcd) (Entered: 01/20/2010)
02/03/10	31	NOTICE Joint Preliminary Report for Hon. Michael P. McCuskey NOT TO BE FILED WITH CLERK per Order No. 2. (MT, ilcd) (Entered: 02/04/2010)
02/03/10	32	NOTICE Joint Case Management Conference Statement and Proposed Order (MT, ilcd) (Entered: 02/04/2010)
02/03/10	33	MOTION (Stipulated) for Protective Order by Plaintiffs Michael Augustine, Michael Hight. Responses due by 2/22/2010 (MT, ilcd) (Entered: 02/04/2010)
02/04/10	34	NOTICE of Defendants' List of Affiliated Companies and Associated Counsel (MT, ilcd) (Entered: 02/04/2010)
02/05/10	35	PROTECTIVE ORDER entered by Chief Judge Michael P. McCuskey on 2/5/2010. See written order.(MT, ilcd) (Additional attachment(s) added on 2/5/2010: # 1 Signed Copy of Protective Order) (MT, ilcd). (Entered: 02/05/2010)
02/12/10	36	MOTION to Withdraw as Attorney (Nathan Eimer, Andrew Klevorn, John Thies) by Defendants IKO Chicago Inc, IKO Manufacturing Inc, IKO Pacific Inc. Responses due by 3/1/2010 (MT, ilcd) (Entered: 02/12/2010)
02/12/10		TEXT ORDER granting 36 Motion to Withdraw as Attorney entered by Chief Judge Michael P. McCuskey on 2/12/2010. (MT, ilcd) (Entered: 02/12/2010)
02/12/10	40	MOTION for Designation of Management Counsel by Plaintiffs Michael Augustine, Michael Hight. (MT, ilcd) (Entered: 03/10/2010)
02/17/10		Minute Entry for proceedings held before Chief Judge Michael P. McCuskey and Judge Harold A. Baker. Status Conference held on 2/17/2010 by personal appearance. Appearance of plaintiffs by Jon Robinson, Liaison Counsel, Robert Shelquist, Charles Schaffer, Clayton Halunen, Charles DeLuca, Michael Flannery. Appearance of defendants by Christopher Murphy, Dan Pope, Michael Pope. Class Certification Motion due by 9/1/2010. Responses to class certification motion due by 10/1/2010. Hearing on motion for class certification set for 11/4/2010 01:30 PM in Courtroom B in Urbana before Judge Harold A. Baker. Redrafted management proposal with order to be filed within two weeks (March 3, 2010). Status Conference set for 3/12/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Attorneys are to notify the Clerk which attorneys will be included on the conference call. (Tape #Tape UR-B: 1:32 PM.) (MT, ilcd) (Entered: 02/17/2010)
02/17/10		TEXT ORDER entered by Judge Harold A. Baker on 2/17/2010. Pursuant to status conference held 2/17/2010, defendant IKO Sales Ltd is terminated from the case.(MT, ilcd) (Entered: 02/17/2010)
02/22/10	37	CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENT by plaintiffs (MT, ilcd) (Entered: 03/02/2010)
02/22/10	42	(STRICKEN) CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENT by plaintiffs (MT, ilcd) Modified on 3/11/2010 (MT, ilcd). (Entered: 03/11/2010)
03/03/10	38	STATUS REPORT Joint Case Management Conference Statement and Order. (MT, ilcd) (Entered: 03/03/2010)
03/05/10	39	MDL Case Management Order #1 entered by Chief Judge Michael P. McCuskey on 3/5/2010. The Joint Case Management Conference Statement and Order is hereby adopted by the Court as Case Management Order No. 1 for the case, and the parties are ordered to comply with this Order. See written Order.(MT, ilcd) (Entered: 03/05/2010)
03/10/10		TEXT ORDER granting 40 Motion for Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. The plaintiffs have filed a motion and brief for designation of management counsel. The motion 40 is granted. Written order to be entered. (MT, ilcd) (Entered: 03/10/2010)
03/10/10	41	MDL ORDER on Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. See written order.(MT, ilcd) (Entered: 03/10/2010)
03/11/10		TEXT ORDER STRIKING DOCUMENT entered by Judge Harold A. Baker on 3/11/2010. The 42 Certificate of Service is hereby stricken as having previously been filed.(MT, ilcd) (Entered: 03/11/2010)
03/12/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held by telephone on 3/12/2010. Appearance of plaintiffs by John Robinson, Charles Schaffer, Robert Shelquist, Clayton Halunen. Appearance of defendants by Christopher Murphy/Michael Pope/Dan Pope. Jurisdiction of Canadian entity discussed. IKO Industries agrees it is subject to this cout's jurisdiction. Further Status Conference set for 4/9/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) Modified on 3/15/2010 to correct attorney appearances. (MT, ilcd). (Entered: 03/12/2010)
03/15/10		Set/Reset Deadlines: IKO Chicago Inc answer due 4/12/2010; IKO Industries Ltd answer due 4/12/2010; IKO Manufacturing Inc answer due 4/12/2010; IKO Pacific Inc answer due 4/12/2010. (MT, ilcd) (Entered: 03/15/2010)
03/15/10	43	(STRICKEN 3/18/2010) AMENDED COMPLAINT (Consolidated Class Action) against IKO Chicago Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Pacific Inc, IKO Sales Ltd, filed by Michael Hight, Michael Augustine.(MT, ilcd) Modified on 3/18/2010 (MT, ilcd). (Entered: 03/18/2010)
03/18/10		TEXT ORDER entered by Judge Harold A. Baker on 3/18/2010 re 43 Amended Complaint, filed by William Curler, David Greenough, Gerald P. Czuba, Pamela D. McNeil, Curtis Czajka, Michael Augustine, Belinda Curler, Vincent Dion, DEBRA ZANETTI, Richard Peleckis, James K Cantwil, Michael Hight. The plaintiffs have filed a consolidated class action complaint 43 . The amended complaint is stricken because the caption incorrectly references the original case numbers in other courts. The case management order, 39 , p. 5, states that the caption should reflect "this court's docket number for each individual action[.]" The plaintiffs must refile the consolidated class action complaint with corrected caption and case numbers. (MT, ilcd) (Entered: 03/18/2010)
03/19/10	44	AMENDED COMPLAINT CONSOLIDATED CLASS ACTION against IKO Chicago Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Pacific Inc, IKO Sales Ltd, filed by Michael Hight, Michael Augustine.(MT, ilcd) (Entered: 04/05/2010)
04/08/10	45	JOINT MOTION to Vacate April Telephone Status Conference. (MT, ilcd) (Entered: 04/08/2010)
04/09/10		TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. The parties have filed a motion to vacate the April telephone status conference. The motion 45 is granted. The May telephone status conference will be held as scheduled. (MT, ilcd) (Entered: 04/09/2010)
04/09/10		MDL TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. Status Conference set for 5/14/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(MT, ilcd) (Entered: 04/09/2010)
04/15/10	46	UNOPPOSED MOTION for Leave to File Amended Complaint by plaintiffs. (MT, ilcd) (Entered: 04/15/2010)
04/19/10		TEXT ORDER entered by Judge Harold A. Baker on 4/19/2010. The plaintiff has filed a motion for leave to file an amended complaint. The defendants do not oppose the motion. The motion for leave to file an amended complaint 46 is granted. The amended complaint shall be filed within two days of the date of this order. (MT, ilcd) (Entered: 04/19/2010)
04/19/10	47	AMENDED COMPLAINT against IKO Chicago Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Pacific Inc, IKO Sales Ltd, filed by Michael Hight, Michael Augustine.(MT, ilcd) (Entered: 04/19/2010)
05/03/10	48	MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Pacific Inc, IKO Production Inc. (MT, ilcd) (Entered: 05/04/2010)
05/04/10	49	MEMORANDUM in Support (not attached, see Case No. 09-2104 41 ) re 48 MOTION to Dismiss filed by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Pacific Inc, IKO Production Inc. (MT, ilcd) Modified on 5/7/2010 to add 41 (MT, ilcd). (Entered: 05/04/2010)
05/06/10	50	MOTION for Extension of Time to File Response/Reply as to 48 MOTION to Dismiss by Plaintiffs Michael Augustine, Michael Hight. Responses due by 5/24/2010 (MT, ilcd) (Entered: 05/06/2010)
05/07/10		ORDER entered by Judge Harold A. Baker on 5/7/2010. The defendants have filed an unopposed motion for leave to file five extra pages in their memorandum in support of their motion to dismiss. The motion is granted. The defendants may file a memorandum five pages longer than that allowed by this courts Local Rules. The plaintiffs are granted leave to file a response brief that is five pages longer than that allowed by the Local Rules. The plaintiffs have filed a motion for extension of time to respond to the motion to dismiss. They seek an additional seven days to file their response. The motion for extension of time 43 is granted. The plaintiffs shall file their response no later than May 27, 2010. (MT, ilcd) (Entered: 05/07/2010)
05/14/10		Minute Entry for proceedings held 5/14/10 before Judge Harold A. Baker. Appearance of plaintiffs by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, and Robert Shelquist. Appearance of defendants by Attorneys Christopher Murphy, and Daniel Pope. Telephone Status Conference held. Further Status Conference set for 6/11/2010 at 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Tape #UR-B 10:05 AM.) (VB, ilcd) (Entered: 05/14/2010)
05/27/10	52	RESPONSE to Motion re 48 MOTION to Dismiss filed by Plaintiffs Michael Augustine, Michael Hight. (MT, ilcd) Modified on 6/10/2010 to correct filing date. (MT, ilcd). (Entered: 06/10/2010)
06/03/10		TEXT ORDER entered by Judge Harold A. Baker on 6/3/10. Due to a conflict in the court's calendar, the routine status conference now scheduled for Friday, June 11, 2010, at 10:00 a.m. CDT, is vacated and rescheduled for Tuesday, June 8, 2010, at 8:45 a.m. CDT, by telephone conference call. The court will initiate the call. The parties shall email an agenda to chambers at baker@ilcd.uscourts.gov no later than 5 p.m. on Monday, June 7, 2010. (VB, ilcd) (Entered: 06/03/2010)
06/08/10		Minute Entry for proceedings held 6/8/10 before Judge Harold A. Baker. Appearance of Attorney Jon Robinson for plaintiffs. Appearance of Attorneys Christopher Murphy and Dan Pope for defendants. Status Conference held. Case Management Order to be entered. (Court Reporter T J) (VB, ilcd) (Entered: 06/08/2010)
06/08/10	51	CASE MANAGEMENT ORDER #2 entered by Judge Harold A. Baker on 6/8/10. Status Conference set for 7/9/2010 at 8:30 AM CDT by telephone from Urbana (court will place call) before Judge Harold A. Baker. (VB, ilcd) (Entered: 06/08/2010)
06/30/10	53	MOTION to Compel Answers to Interrogatories by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Production Inc. Responses due by 7/19/2010 (MT, ilcd) (Entered: 06/30/2010)
07/07/10	54	MOTION to Compel by Plaintiffs Michael Augustine, Michael Hight. Responses due by 7/26/2010 (MT, ilcd) (Entered: 07/07/2010)
07/07/10	55	MEMORANDUM in Support re 54 MOTION to Compel filed by Plaintiffs Michael Augustine, Michael Hight. (MT, ilcd) (Entered: 07/08/2010)
07/09/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 7/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Christopher Ellis/ Charles Schaffer/Shawn Wanta/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope/Mike Pope. Attorneys Mike Pope/Levin/Rosemergy must become e-filers. Motion to Compel 54 discussed and arguments heard. Further Status Conference set for 8/13/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Written order to be entered. (Court Reporter TJ.) (MT, ilcd) (Entered: 07/09/2010) Modified on 7/9/2010 to correct Document Number 54 . (MT, ilcd). (Entered: 07/09/2010)
07/09/10	56	CASE MANAGEMENT ORDER #3 entered by Judge Harold A. Baker on 7/9/2010. The plaintiffs shall file a third amended consolidated class action complaint within two weeks of the date of this order. The defendants shall file their answer within twenty-one days thereafter. The defendants' motion to compel 53 is granted. The defendants shall provide outstanding documents to the plaintiffs within the next several weeks. The plaintiffs shall respond to the interrogatories no later than August 16, 2010. The plaintiffs' motion to compel 54 remains pending. The plaintiffs shall file a motion to withdraw the motion to compel if the matter is resolved before the next telephone conference. If a motion to withdraw is not filed by August 6, 2010, the defendants shall file a response to the motion to compel no later than August 9, 2010. A telephone status conference is scheduled for August 13, 2010, at 8:30 a.m., by telephone conference call. The court will initiate the call. The parties shall submit an agenda by e-mail to chambers at least two days prior to the telephone conference.(MT, ilcd) (Entered: 07/09/2010)
07/20/10	57	Transcript of Proceedings held on July 9, 2010, before Judge Harold A. Baker. Court Reporter/Transcriber TJ. Transcript purchased by:Christopher Murphy. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 8/13/2010. Redacted Transcript Deadline set for 8/23/2010. Release of Transcript Restriction set for 10/21/2010. (MT, ilcd) (Entered: 07/20/2010)
07/23/10	58	THIRD AMENDED COMPLAINT against IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc, filed by Michael Augustine, Michael Hight.(MT, ilcd) (Entered: 07/26/2010)
07/27/10		TEXT ORDER entered by Judge Harold A. Baker on 7/27/2010. The plaintiffs have filed a third amended consolidated class action complaint 58 . The pending motion to dismiss the second amended complaint 48 is moot. The defendants shall answer the third amended consolidated class action complaint on or before August 13, 2010. (MT, ilcd) (Entered: 07/27/2010)
07/27/10		Set/Reset Deadlines: IKO Industries Inc answer to third amended complaint due 8/13/2010; IKO Industries Ltd answer to third amended complaint due 8/13/2010; IKO Manufacturing Inc answer to third amended complaint due 8/13/2010; IKO Midwest Inc answer to third amended complaint due 8/13/2010; IKO Production Inc answer to third amended complaint due 8/13/2010. (MT, ilcd) (Entered: 07/27/2010)
07/29/10	59	MOTION for Reconsideration re 56 Case Management Order #3 by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/29/2010)
07/29/10	60	MEMORANDUM in Support re 59 MOTION for Reconsideration re 56 Case Management Order #3 filed by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. (MT, ilcd) (Entered: 07/29/2010)
07/30/10	61	MOTION for Extension of Time for Production of Expert Reports by Plaintiffs Michael Augustine, Michael Hight. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/30/2010)
07/30/10	62	MEMORANDUM in Support re 61 MOTION for Extension of Time for Production of Expert Reports filed by Plaintiffs Michael Augustine, Michael Hight. (MT, ilcd) (Entered: 07/30/2010)
08/06/10	63	MOTION by all parties for Extension of Time for parties to resolve issues relating to plaintiffs' motion to compel 54 . Responses due by 8/23/2010 (MT, ilcd) (Entered: 08/06/2010)
08/11/10	64	RESPONSE to Motion re 59 MOTION for Reconsideration re 56 Order, filed by Plaintiffs Michael Augustine, Michael Hight. (MT, ilcd) (Entered: 08/11/2010)
08/11/10	65	MEMORANDUM in Opposition re 61 MOTION for Extension of Time to Complete Discovery filed by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Pacific Inc. (MT, ilcd) (Entered: 08/11/2010)
08/12/10	66	ORDER entered by Judge Harold A. Baker on 8/12/2010. The motion for reconsideration 59 is denied. The deadlines for expert discovery and class certification are vacated. The parties shall submit by August 13th, 2010, a joint motion for extension of these deadlines. The motion for extension of time to complete expert discovery 61 is moot. The joint motion for extension of time regarding the motion to compel 63 is granted. The motion to compel 54 remains pending. (MT, ilcd) (Entered: 08/12/2010)
08/12/10	67	JOINT MOTION by all parties for Order to Extend Case Management Order. Responses due by 8/30/2010 (MT, ilcd) (Entered: 08/12/2010)
08/13/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 8/13/2010. Appearance of plaintiffs by Jon Robinson, Chris Ellis, Charles Schaffer, Shawn Wanta, Robert Shelquist. Appearance of defendants by Christopher Murphy and Dan Pope. Discussion held re case management deadlines. Further Status Conference set for 9/9/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) Modified on 8/13/2010 to correct typographical error. (MT, ilcd). (Entered: 08/13/2010)
08/13/10		Notice of Docket Text or Event Modification. The Minute Entry entered 8/13/2010 was modified to correct typographical error. (MT, ilcd) (Entered: 08/13/2010)
08/13/10	68	MOTION by defendants for Extension of Time to File Answer re Third 58 Amended Complaint. Responses due by 8/30/2010 (MT, ilcd) (Entered: 08/13/2010)
08/20/10	70	ANSWER and AFFIRMATIVE DEFENSES to 58 Third Amended Complaint by IKO Industries Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	71	ANSWER and AFFIRMATIVE DEFENSES to 58 Third Amended Complaint by IKO Industries Ltd.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	72	ANSWER and AFFIRMATIVE DEFENSES to 58 Third Amended Complaint by IKO Manufacturing Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	73	ANSWER and AFFIRMATIVE DEFENSES to 58 Third Amended Complaint by IKO Midwest Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	74	ANSWER and AFFIRMATIVE DEFENSES to 58 Third Amended Complaint by IKO Production Inc.(MT, ilcd) (Entered: 09/09/2010)
09/02/10	69	NOTICE of Withdrawal of Plaintiffs' Motion to Compel re 54 MOTION to Compel (MT, ilcd) (Entered: 09/02/2010)
09/03/10		TEXT ORDER entered by Judge Harold A. Baker on 9/3/2010. The plaintiffs have filed a notice of withdrawal of their motion to compel. The court construes the notice as a motion. The motion to withdraw 69 is granted. The motion to compel 54 is withdrawn.(MT, ilcd) (Entered: 09/03/2010)
09/09/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 9/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope. The court accepts defendants' suggested deadlines. Plaintiffs' Expert Disclosure due by 10/1/2010. Defendants' Expert Disclosure due by 11/1/2010. Class Certification Motion due by 11/8/2010. Responses to class certification motion due by 12/10/2010. Further Status Conference set for 10/15/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) (Entered: 09/09/2010)
09/10/10	75	CASE MANAGEMENT ORDER #4 entered by Judge Harold A. Baker on 9/10/2010. The court held a status conference on 9/9/2010. The pending joint motion 67 to extend deadlines in Case Management Order #3 is granted in part and denied in part. Dates and deadlines set. A Hearing on Motion for class certification is scheduled 12/17/2010 02:00 PM in Courtroom B in Urbana before Judge Harold A. Baker sitting in Urbana, Illinois. See written order.(MT, ilcd) Modified on 9/10/2010 to change Scheduling Order to Case Management Order #4. (MT, ilcd). (Entered: 09/10/2010)
09/10/10		Notice of Docket Text or Event Modification re 75 Scheduling Order entered 9/10/2010. The entry was modified to change Scheduling Order to Case Management Order #4. NEF regenerated. (MT, ilcd) (Entered: 09/10/2010)
09/23/10	76	(STRICKEN 9/24/2010) MOTION for Extension of Time to Complete Discovery by Plaintiffs Michael Augustine, Michael Hight. Responses due by 10/12/2010 (MT, ilcd) Modified on 9/24/2010 (MT, ilcd). (Entered: 09/24/2010)
09/23/10	77	MEMORANDUM in Support re 76 MOTION for Extension of Time to Complete Discovery filed by Plaintiffs Michael Augustine, Michael Hight. (MT, ilcd) (Entered: 09/24/2010)
09/23/10	78	CERTIFICATE of Compliance re Memo in Support 77 . (MT, ilcd) (Entered: 09/24/2010)
09/23/10	79	MOTION to Strike 76 MOTION for Extension of Time to Complete Discovery by Plaintiffs Michael Augustine, Michael Hight. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/24/2010)
09/23/10	80	AMENDED DOCUMENT by Michael Augustine, Michael Hight. Amendment to 77 Memorandum in Support of Motion. (MT, ilcd) (Entered: 09/24/2010)
09/24/10		TEXT ORDER entered by Judge Harold A. Baker on 9/24/2010. The plaintiffs have filed a motion to strike their motion for extension of time, and to file an amended motion for extension of time. The motion to strike 79 is granted. Docket entry 76 is stricken. The plaintiffs shall file their amended motion no later than Tuesday, September 28, 2010. (MT, ilcd) (Entered: 09/24/2010)
09/24/10	81	EMERGENCY MOTION for Extension of CMO Deadlines by Plaintiffs Michael Augustine, Michael Hight. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/27/2010)
09/24/10	82	EMERGENCY MOTION to Compel Production of Documents by Plaintiffs Michael Augustine, Michael Hight. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/27/2010)
09/24/10	83	MEMORANDUM in Support re 82 MOTION to Compel Production of Documents filed by Plaintiffs Michael Augustine, Michael Hight. (MT, ilcd) (Entered: 09/27/2010)
09/24/10	84	AFFIDAVIT of Charles E. Schaffer re 82 MOTION to Compel Production of Documents by Michael Augustine, Michael Hight. (MT, ilcd) (Entered: 09/27/2010)
09/29/10	85	MEMORANDUM in Opposition with Exhibits re 81 MOTION for Extension of Time to Complete Discovery filed by defendants. (MT, ilcd) (Entered: 10/13/2010)
10/01/10		TEXT ORDER entered by Judge Harold A. Baker on 10/1/10. The plaintiff has filed an emergency motion for extension of time. The defendants oppose the motion. A routine status conference is scheduled for October 15, 2010. All deadlines and due dates in the current case management order are suspended and will be addressed at the October 15, 2010, telephone status conference. The plaintiffs have also filed an emergency motion to compel production of documents. The defendants shall file a response no later than October 12, 2010. (VB, ilcd) (Entered: 10/01/2010)
10/12/10	86	MEMORANDUM in Opposition with Exhibits re 82 MOTION to Compel Production of Documents filed by defendants. (MT, ilcd) (Entered: 10/13/2010)
10/13/10	87	MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine filed by defendants. Responses due by 11/1/2010 (MT, ilcd) (Entered: 10/14/2010)
10/13/10	88	MEMORANDUM in Support re 87 MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine filed by defendants. (MT, ilcd) (Entered: 10/14/2010)
10/15/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 10/15/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Charles Schaffer/Shawn Wanta; appearance of defendants by Christopher Murphy/Dan Pope. The court granted the plaintiffs' motion for extension of discovery deadlines 81 . The parties shall file a new agreed proposed discovery schedule within seven days. The plaintiffs' motion to compel 82 remains pending; the parties will attempt to work out this dispute on their own. When the issue is resolved, the plaintiff shall file a motion to withdraw the motion to compel. The defendants' motion to reopen the depositions of plaintiffs Greenough and Augustine 87 is granted. Those plaintiffs shall be redeposed in Chicago, Illinois, at the plaintiffs' expense. Status Conference set for 11/12/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) (Entered: 10/15/2010)
10/21/10	89	JOINT MOTION Parties Agreed Proposed Schedule filed by defendants. Responses due by 11/8/2010 (MT, ilcd) (Entered: 10/21/2010)
10/27/10	90	CERTIFICATE OF SERVICE of Plaintiffs' Third Set of Requests for Production of Documents and Tangible Things to all Defendants by plaintiffs. (MT, ilcd) (Entered: 10/28/2010)
11/03/10		Set/Reset Deadlines/Hearings: Miscellaneous Hearing set for 3/25/2011 02:00 PM in Courtroom B in Urbana before Judge Harold A. Baker, not 3/25/2010. (MT, ilcd) (Entered: 11/04/2010)
11/03/10	91	CERTIFICATE OF SERVICE of Plaintiffs' Omibus Objections and Responses to Defendants' Second Set of Requests to Produce by plaintiffs (MT, ilcd) (Entered: 11/04/2010)
11/04/10		TEXT ORDER entered by Judge Harold A. Baker on 11/3/2010. At a telephone status conference on October 15, 2010, the parties were ordered to submit a new proposed discovery schedule. On October 21, 2010, they submitted an agreed proposed schedule. The court grants the motion to enter the proposed schedule 89 . The court adopts the dates in the agreed proposed schedule. The motion hearing now scheduled for December 17, 2010, at 2:00 p.m., is vacated and rescheduled for March 25, 2011, at 2:00 p.m. by personal appearance.(MT, ilcd) (Entered: 11/04/2010)
11/09/10		TEXT ORDER entered by Judge Harold A. Baker on 11/9/10. The parties have informed the court that they have nothing to present for discussion at the telephone status conference scheduled for Friday, November 12, 2010. The next status conference is scheduled for Friday, December 10, 2010, at 8:30 a.m. by telephone conference call. The court will initiate the call. As of the last status conference, the plaintiffs' motion to compel 81 was pending; the parties were attempting to work out this dispute on their own. When the issue was resolved, the plaintiffs were to file a motion to withdraw the motion to compel. The plaintiffs have not yet done so. If the matter is now resolved, the plaintiffs must file, forthwith, a motion to withdraw the motion to compel. Otherwise, the parties shall place it on the agenda for the December 10, 2010, telephone status conference. (VB, ilcd) (Entered: 11/09/2010)
11/24/10	92	NOTICE of Appearance of Attorney by Eric D Holland on behalf of Michael Augustine, Michael Hight (VB, ilcd) (Entered: 11/24/2010)
12/07/10	93	MOTION to Withdraw 82 MOTION to Compel by Plaintiffs Michael Augustine, Michael Hight. Responses due by 12/27/2010 (VB, ilcd) Modified on 12/8/2010 to correct the filing date from 12/8/10 to 12/7/10. NEF regenerated to Counsel (VB, ilcd). (Entered: 12/08/2010)
12/08/10		TEXT ORDER entered by Judge Harold A. Baker on 12/8/10. The plaintiffs have filed a motion to withdraw their motion to compel. The motion to withdraw 93 is granted. The motion to compel 82 is withdrawn. (VB, ilcd) (Entered: 12/08/2010)
12/10/10		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for plaintiffs. Appearance of Attorneys Christopher Murphy, Daniel Pope for defendants. Status Conference held. Plaintiffs wish to amend complaint. Defendant objects to the amended complaint. Arguments heard. Plaintiff is directed to file a motion to amend complaint. Further Status Conference set for 1/14/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J) (VB, ilcd) (Entered: 12/10/2010)
12/30/11	94	MOTION to Consolidate Complaints, MOTION to Amend Third Amended Consolidated Complaint by Plaintiffs Michael Augustine, Michael Hight. Responses due by 1/18/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Leave to Amend, # 4 Text of Proposed Order Leave to Consolidate) (VB, ilcd) (Entered: 01/12/2011)
12/30/11	95	MEMORANDUM in Support re 94 MOTION to Consolidate Complaints, MOTION to Amend Third Amended Consolidated Complaint filed by Plaintiffs Michael Augustine, Michael Hight. (VB, ilcd) Modified on 1/12/2011 to change filing date from 1/12/11 to 12/30/10 (VB, ilcd). (Entered: 01/12/2011)
01/05/11	96	MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 1/24/2011 (VB, ilcd) (Entered: 01/12/2011)
01/05/11	97	MEMORANDUM in Support re 96 MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents filed by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (VB, ilcd) (Entered: 01/12/2011)
01/11/11	98	NOTICE OF FILING OFFICIAL TRANSCRIPT of Conference Call Proceedings held on 10/15/2010, before Judge Harold A Baker. Court Reporter/Transcriber T J, Telephone number 217-373-5835. Transcript purchased by:Jon Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 2/7/2011. Redacted Transcript Deadline set for 2/17/2011. Release of Transcript Restriction set for 4/15/2011. (VB, ilcd) Modified on 1/12/2011 (VB, ilcd). (Entered: 01/12/2011)
01/13/11	99	MOTION to Extend Case Schedule by One Month by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 1/31/2011 (VB, ilcd) (Entered: 01/18/2011)
01/14/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Helunen for Plaintiffs. Appearance of Attorneys Christopher Murphy, Dan Pope for Defendants. Telephone Status Conference held. Status of case dismissed. Case Magement Order to be entered. Telephone Status Conference set for 2/11/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J.) (VB, ilcd) Modified on 1/18/2011 to correct appearances of Attorneys (VB, ilcd). (Entered: 01/15/2011)
01/18/11	100	CASE MANAGEMENT ORDER #5 entered by Judge Harold A. Baker on 1/18/11 granting 94 Motion to Consolidate Cases; granting 94 Motion to Amend/Correct; granting 96 Motion to Compel; The plaintiffs are ordered to produce all such documents no later than January 24, 2011; granting 99 Motion to Extend Case Schedule by One Month. A status conference is scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. An agenda for the conference shall be submitted to chambers email no later than February 9, 2011. See written Order. (VB, ilcd) (Main Document 100 replaced on 1/18/2011) (VB, ilcd). (Entered: 01/18/2011)
02/04/11		TEXT ORDER entered by Judge Harold A. Baker on 2/3/11. The status conference now scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call, is vacated and rescheduled for one hour later on the same day, February 11, 2011, at 9:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/04/2011)
02/10/11		TEXT ORDER entered by Judge Harold A. Baker on 2/10/11. The parties report that they have nothing to present for discussion at the status conference now set for Friday, February 11, 2011, at 9:30 a.m. Consequently, that status conference is vacated. The next status conference will be held on March 11, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/10/2011)
02/24/11	101	(WITHDRAWN) MOTION to Compel Production of Documents by Plaintiffs Michael Augustine, Michael Hight. Responses due by 3/14/2011 (VB, ilcd) Modified on 3/11/2011 to reflect that pursuant to Text Order entered 3/10/11, this document is withdrawn (VB, ilcd). (Entered: 03/09/2011)
02/24/11	102	MEMORANDUM in Support re 101 MOTION to Compel Production of Documents filed by Plaintiffs Michael Augustine, Michael Hight. (VB, ilcd) (Entered: 03/09/2011)
03/09/11		TEXT ORDER entered by Judge Harold A. Baker on 3/9/11. The parties have notified the court that they have no agenda items for the telephone status conference now scheduled for Friday, March 11, at 8:30 a.m. However, the plaintiffs have filed a motion to compel production of documents. That motion 101 is pending. If the parties have resolved the matter, the plaintiffs should file a motion to withdraw the motion to compel. If the matter is unresolved, the telephone status conference will be held as scheduled, and the plaintiffs' counsel must notify the court no later than March 10, 2011, at 4:00 p.m. of the telephone numbers at which the attorneys who will participate in the conference can be reached. (VB, ilcd) (Entered: 03/09/2011)
03/10/11		TEXT ORDER entered by Judge Harold A. Baker on 3/10/11.On February 24, 2011, the plaintiffs filed a motion to compel production of documents. They have now filed a notice of withdrawal 114 of the motion to compel in 09-md-2104. Therefore, the motion to compel 101 is withdrawn. The telephone status conference now scheduled for Friday, March 11, 2011, at 8:30 a.m. is vacated. The next status conference is scheduled for Friday, April 8, 2011, at 8:30 a.m. by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 03/10/2011)
03/22/11		TEXT ORDER entered by Judge Harold A. Baker on 3/22/11. The motion hearing scheduled for March 25, 2011, at 2:00 p.m. has been vacated pursuant to Case Management Order #5, d/e 100 . The hearing on the motion for class certification will be rescheduled after expert discovery has closed and new deadlines for the filing of motions, responses and, if needed, replies, are established. (VB, ilcd) (Entered: 03/22/2011)
04/06/11		TEXT ORDER entered by Judge Harold A. Baker on 4/6/11. The parties have informed the court that they have no items to present for discussion at the telephone status conference now scheduled for April 8, 2011. Consequently, that status conference is vacated and rescheduled for Friday, May 20, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 04/06/2011)
05/16/11	103	MOTION to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (Attachments: # 1 Exhibit 1) (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	104	MOTION for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	105	MEMORANDUM in Support re 103 MOTION to Exclude Plaintiffs' Expert's Testimony filed by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit A - Appendix A-F, # 3 Exhibit A - Appendix G - Part 1, # 4 Exhibit A - Appendix G - Part 2, # 5 Exhibit A - Appendix H-I, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O) (VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/16/11	106	+++ SEALED DOCUMENT.. (Attachments: # 1 Exhibit F - Part 2, # 2 Exhibit F- Part 3, # 3 Exhibit F - Part 4, # 4 Exhibit F - Part 5, # 5 Exhibit F - Part 6, # 6 Exhibit F - Part 7, # 7 Exhibit F - Part 8, # 8 Exhibit F - Part 9, # 9 Exhibit F - Appendix 04, # 10 Exhibit F - Appendix 07, # 11 Exhibit F - Appendix 09, # 12 Exhibit F - Appendix 10, # 13 Exhibit F - Appendix 11, # 14 Exhibit F - Appendix 14, # 15 Exhibit F - Appendix 19, # 16 Exhibit F - Appendix 26, # 17 Exhibit F - Appendix 27, # 18 Exhibit F - Appendix 29, # 19 Exhibit F - Appendix 30)(VB, ilcd) Modified on 5/17/2011 to change the filing date to 5/16/11 (VB, ilcd). (Entered: 05/17/2011)
05/18/11		TEXT ORDER entered by Judge Harold A. Baker on 5/18/11. Due to a conflict in the Court's calendar, the status conference call scheduled for 5/20/11 at 8:30a.m. has been rescheduled to 5/24/11 at 8:30 a.m. The Court will initiate the call. (VB, ilcd) (Entered: 05/18/2011)
05/24/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorneys Jon Robinson and Charles Schaffer for Plaintiffs. Appearance of Attorney Christopher Murphy for Defendants. Status Conference held. Discussion with Counsel held. Scheduling Order to be submitted to Counsel. Court is granting 104 Defendants' Motion for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony. (Court Reporter T J.) (VB, ilcd) Modified on 5/24/2011 to correct which Attorneys were present (VB, ilcd). (Entered: 05/24/2011)
05/24/11	107	COURT'S SUGGESTED SCHEDULING ORDER entered by Judge Harold A. Baker on 5/24/11. July 20, 2011, plaintiffs finish taking the depositions of defendants' four identified expert witnesses; August 31, 2011, plaintiffs respond to the defendants' pending Daubert motion; October 5, 2011, 9:30 a.m. Daubert hearing by personal appearance before the court in Urbana; The court will try to rule on the Daubert motion by October 7, 2011. November 1, 2011, plaintiffs' class certification is due; November 30, 2011, defendants' response to the class certification is due; December 15, 2011, oral argument on class certification by personal appearance before the court in Urbana. See written Order. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. Telephone Status Conference is scheduled for 5/26/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. By request of Attorney Murphy, the Telephone Status Conference scheduled for 5/26/11 at 8:30 AM has been changed to 5/27/11 at 8:30 AM. The Court will place the call. (VB, ilcd) (Entered: 05/25/2011)
05/27/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 5/27/2011. Appearances for plaintiffs by Jon Robinson and Charles Schaffer. Appearances for defendants by Christopher Murphy, Michael Pope and Daniel Pope. Discussion held on discovery. Scheduling order to be entered. (Court Reporter TJ) (KW, ilcd) Modified on 6/3/2011, corrected typo. (KW, ilcd). (Entered: 05/27/2011)
05/27/11	108	COURT'S SCHEDULING ORDER Entered by Judge Harold A. Baker on 5/27/11. Daubert Hearing set for 10/5/2011 at 9:30 AM in Courtroom B in Urbana before Judge Harold A. Baker. Class Certification Hearing set for 12/15/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See scheduling order. (KW, ilcd) (Entered: 05/27/2011)
06/21/11	109	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 5/27/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Chris Murphy & Michael Pope. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011. (KW, ilcd) (Entered: 06/21/2011)
06/22/11	110	MOTION to Compel Deposition by Plaintiffs Michael Augustine, Michael Hight. Responses due by 7/11/2011 (VB, ilcd) (Entered: 06/23/2011)
06/22/11	111	MEMORANDUM in Support re 110 MOTION to Compel Deposition filed by Plaintiffs Michael Augustine, Michael Hight. (Attachments: # 1 Affidavit of Charles E Schaffer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(VB, ilcd) (Entered: 06/23/2011)
06/23/11	112	MOTION for Protective Order by Defendants IKO Industries Inc, IKO Industries Ltd, IKO Manufacturing Inc, IKO Midwest Inc, IKO Production Inc. Responses due by 7/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(VB, ilcd) (Entered: 06/23/2011)
06/23/11		TEXT ORDER entered by Judge Harold A. Baker on 6/23/11. The plaintiffs have filed an emergency motion to compel deposition testimony or in the alternative to strike the defendants' expert reports 110 . The defendants have responded with a motion for entry of a protective order 112 . A conference will be held on Friday, June 24, 2011, at 9:00 a.m. by telephone conference call. Parties shall notify the court of who will take the call if possible. In the event that notification is not made to the court, the court will contact the attorneys whom were on the previous telephone conference. The court will initiate the call. (VB, ilcd) (Entered: 06/23/2011)
06/24/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 6/24/2011. Appearances for plaintiffs by Christopher Ellis, Jon Robinson, Shawn Wanta and Charles Schaffer. Appearance for defendants by Christopher Murphy. granting 110 Plaintiffs' Motion to Compel 110 is granted. denying 112 Defendants' Motion for Protective Order 112 is denied. (Court Reporter TJ) (KW, ilcd) (Entered: 06/24/2011)
08/30/11		Set/Reset Deadlines/Hearings as to 103 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 09:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
08/30/11		Reset Hearing as to 103 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 at 9:30 AM by personal appearance in Courtroom B in Urbana before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
09/09/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/9/11. The plaintiffs have filed four motions for leave to file [130, 131, 133, 136] and two motions to exclude expert testimony [134, 137]. These motions must also be e-filed in each individual case. The plaintiffs shall file each motion in each individual case within two business days of the date of this order.(KW, ilcd) (Entered: 09/09/2011)
09/12/11	113	MOTION for Leave to File Excess Pages of Plaintiffs' Response to Defendants' Motion to Exclude Plaintiffs' Expert by Plaintiffs Michael Augustine, Michael Hight. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	114	MOTION for Leave to File DVD Conventionally by Plaintiffs Michael Augustine, Michael Hight. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	115	MOTION for Leave to File Excess Pages of Plaintiffs' Brief in Support of Motion to Exclude Defendants' Expert Priest by Plaintiffs Michael Augustine, Michael Hight. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	116	MOTION to Exclude Defendants' Expert Priest by Plaintiffs Michael Augustine, Michael Hight. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	117	MOTION for Leave to File Excess Pages of Brief in Support of Plaintiffs' Motion to Exclude Defendants' Expert Ricketts by Plaintiffs Michael Augustine, Michael Hight. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	118	MOTION to Exclude Defendants' Expert Ricketts by Plaintiffs Michael Augustine, Michael Hight. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/13/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/13/11. The plaintiffs have filed a motion for leave to file excess pages in response to the defendants' motion to exclude experts 113 , a motion for leave to file conventionally an exhibit on DVD 114 , a motion for leave to file excess pages in support of their motion to exclude expert George Priest 115 , and a motion for leave to file excess pages in support of their motion to exclude expert John Ricketts 117 . These motions for leave to file [113, 114, 115 and 117] are granted. The clerk is directed to detach d/e 113-1 and file it as a response to d/e 103. The clerk is further directed to docket the DVD as a separate event entitled Exhibit C to the Memorandum in Opposition to Defendants' Motion to Exclude the Plaintiff's Expert Testimony and retain the DVD in the clerk's office. The clerk is further directed to detach d/e 115-2 and file it as a memorandum in support of d/e 116. The clerk is further directed to detach d/e 117-1 and file it as a memorandum in support of d/e 118. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	119	RESPONSE to Motion re MOTION to Exclude Plaintiffs' Expert's Testimony 103 filed by Plaintiffs Michael Augustine, Michael Hight. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	120	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Priest 116 filed by Plaintiffs Michael Augustine, Michael Hight. (KW, ilcd) (Entered: 09/13/2011)
09/13/11	121	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Ricketts 118 filed by Plaintiffs Michael Augustine, Michael Hight. (KW, ilcd) (Entered: 09/13/2011)
09/13/11		Exhibit C DVD re Response to Motion 119 by Michael Augustine, Michael Hight. The DVD is maintained in the Clerk's Office vault. (KW, ilcd) (Entered: 09/13/2011)
09/16/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/16/11. By request of counsel, Status Conference set for 9/20/2011 at 1:30 PM by telephone from Urbana to discuss the upcoming hearing dates (court will place call) before Judge Harold A. Baker. Parties are to notify the Clerk's Office on who will participate at the conference call. (KW, ilcd) (Entered: 09/16/2011)
09/16/11	122	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 6/24/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 10/11/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011. (KW, ilcd) (Entered: 09/16/2011)
09/20/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/20/11. The court has been advised that the telephone status conference requested by the parties, now scheduled for September 20, 2011, at 1:30 p.m., is no longer needed. Consequently, the court vacates that status conference. (KW, ilcd) (Entered: 09/20/2011)
09/21/11		TEXT ORDER entered by Judge Harold A. Baker on 9/21/11. The parties are to e-file their joint proposed amended case management order on or before the close of business on Monday, September 26, 2011. Miscellaneous Deadline set of 9/26/2011. (VB, ilcd) (Entered: 09/21/2011)
09/28/11	123	CASE MANAGEMENT ORDER #7 Entered by Judge Harold A. Baker on 9/28/11. Defendants may respond to the plaintiffs' Daubert motion by Oct. 14, 2011. Defendants may file reply by 11/20/11. The Daubert Hearing set for 10/5/2011 is vacated and rescheduled to 12/1/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. Plaintiffs' motion and supporting memorandum due by 1/5/2012. Defendants' response due by 2/6/2012. Replies due by 2/21/2012. Motion Hearing set for 3/8/2012 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written order. (KW, ilcd) (Entered: 09/29/2011)
11/16/11		TEXT ORDER entered by Judge Harold A. Baker on 11/16/2011. The courtroom deputy has informed the court of phone calls from counsel inquiring about the format of the Daubert hearing scheduled to begin at 9:00 a.m. on December 1, 2011. There are several motions to exclude the testimony and reports of certain witnesses designated as experts under Rule 26 [115, 134, 137]. The motions require a hearing under Fed. R. Evid. 104 and 702. The most effective way to resolve the motions is to have the court hear the testimony that is going to be offered. That format also affords the court the opportunity to ask questions of the witnesses, if that is necessary. In that way, the court can most effectively apply the analysis required by Daubert. See also American Honda Motor Co., Inc. v. Allen, 600 F.3d 813 (7th Cir. 2010). Case Management Order #7 148 clearly states that on December 1, 2011, "the court will hear all evidence and argument pertaining to the parties' experts. The parties shall have all experts appear personally before the court at that date and time." In addition, the courtroom deputy has informed counsel for defendants that if there is a motion to exclude the witness and the party who is tendering the witness as an expert wants the court to allow the expert to testify at the trial, then the party proffering the witness as an expert must have the witness at the December 1, 2011, hearing or the witness will be barred from testifying.(SP, ilcd) (Entered: 11/16/2011)
12/01/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion Hearing held on 12/1/2011 re 103 MOTION to Exclude Plaintiffs' Expert's Testimony, 116 MOTION to Exclude Defendants' Expert Priest, and 118 MOTION to Exclude Defendants' Expert Ricketts. Appearances for plaintiffs by Jon Robinson, Christopher Ellis, Charles Schaffer, Robert Shelquist, Clayton Halunen, Shawn Wanta. Appearances for defendants by Steven Handler, Christopher Murphy, Zoya Arora and Daniel Pope. Evidence for plaintiffs. Expert witness, Dean Rutila, sworn; testimony heard. Evidence for defendants. Expert witness, George Priest, sworn; testimony heard. Court in recess until 9:30 am on 12/2/2011. (Court Reporter TJ) (SP, ilcd) (Entered: 12/02/2011)
12/02/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion (Daubert) Hearing continued on 12/2/2011; same appearances. 116 Motion to Exclude Defendants' Expert Priest is denied without prejudice and with leave to renew. Evidence for defendants. Expert witness, John William Ricketts, sworn; testimony heard. Exhibits from 12/1/2011 and 12/2/2011 marked and tendered to the court. Motions 103 and 118 taken under advisement. (Court Reporter TJ) (SP, ilcd) (Entered: 12/05/2011)
12/02/11	124	Exhibit List for Plaintiffs' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/02/11	125	Exhibit List for Defendants' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/07/11		TEXT ORDER entered by Judge Harold A. Baker on 12/7/2011. All exhibits submitted to the court to support the parties' offer of proof are received for the purposes of the motions. To assist the court in preserving the record, counsel shall notify the court whether all marked exhibits are to be considered, whether displayed at the hearing or not.(SP, ilcd) (Entered: 12/07/2011)

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09-cv-02315 12/22/09 Curler v. IKO Manufacturing, Inc., et al. (Closed 07/26/10)

Date Filed	No.	Docket Text
10/26/09	1	Case Opened. Filing Fee Due. Documents may now be electronically filed. Case number 09-902-MJR must be placed on all documents prior to filing them electronically. (Attachments: # 1 Notice of Consent to Trial by US Magistrate Judge)(tkm ) (Entered: 10/26/2009)
10/27/09	2	COMPLAINT against all defendants ( Filing fee $ 350 receipt number 07540000000000983731.), filed by William Curler. (Attachments: # 1 Civil Cover Sheet)(Cross, Andrew) (Entered: 10/27/2009)
12/22/09	3	PRELIMINARY Conditional Transfer Order (CTO-1) by Judicial Panel on Multidistrict Litigation (case will be transferred upon receipt of certified copy from transferee court). (Attachment: # 1 JPML Cover Letter)(dmw) (Entered: 12/22/2009)
12/22/09	4	CONDITIONAL TRANSFER ORDER (CTO-1) TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Central District of IL, MDL No. 2104, In Re: IKO Roofing Shingle Products Liability Litigation. (myz) (Entered: 12/22/2009)
12/22/09	5	Case transferred in from District of Illinois Southern; Case Number 3:09-cv-00902. and certified copy of transfer order and docket sheet received. (Entered: 12/22/2009)
12/22/09	6	MDL ORDER #1 entered by Chief Judge Michael P. McCuskey on 12/16/2009. Practice and Procedure Order Upon Transfer Pursuant to 28 USC § 1407(a). (MT, ilcd) (Entered: 12/22/2009)
12/22/09	7	MDL ORDER #2 entered by Chief Judge Michael P. McCuskey on 12/17/2009. Status Conference set for 2/17/2010 01:30 PM in Courtroom A in Urbana before Chief Judge Michael P. McCuskey by personal appearance. See written order. (Miscellaneous Deadline 2/3/2010: Parties will submit a list of all companies affiliated with the parties and all counsel associated in the litigation. By 2/3/2010 file a brief written statement indicating their preliminary understanding of the facts involved in the litigation and the critical factual and legal issues.) (Attachments: # 1 Attachment A)((MT, ilcd) (Entered: 12/22/2009)
12/22/09		MDL TEXT ORDER entered by Chief Judge Michael P. McCuskey on 12/18/2009 re MDL ORDER #2. On December 17, 2009, the court entered MDL Order #2, with Attachment A. Paragraph VI(G) of Attachment A is deleted and replaced with the following: Consideration of the creation of a common electronic data base for sharing all discovery materials, including but not limited to documents, reports, photographs, depositions, and stipulations.((MT, ilcd) (Entered: 12/22/2009)
12/23/09	8	NOTICE of Appearance of Attorney Jon Robinson, Liaison Attorney for William Curler (MT, ilcd) (Entered: 12/23/2009)
01/29/10	9	Summons Issued as to IKO Manufacturing, Inc., IKO Sales, LTD. and returned to Attorney Cross for service. (MT, ilcd) (Entered: 01/29/2010)
02/03/10	10	NOTICE Joint Preliminary Report for Hon. Michael P. McCuskey NOT TO BE FILED WITH CLERK per Order No. 2 (MT, ilcd) (Entered: 02/04/2010)
02/03/10	11	NOTICE Joint Case Management Conference Statement and Proposed Order (MT, ilcd) (Entered: 02/04/2010)
02/03/10	12	MOTION (Stipulated) for Protective Order by Plaintiff William Curler. Responses due by 2/22/2010 (MT, ilcd) (Entered: 02/04/2010)
02/04/10	13	NOTICE of defendants' List of Affiliated Companies and Associated Counsel (MT, ilcd) (Entered: 02/04/2010)
02/05/10	14	PROTECTIVE ORDER rntered by Chief Judge Michael P. McCuskey on 2/5/2010. See written order.(MT, ilcd) (Additional attachment(s) added on 2/5/2010: # 1 Signed Copy of Protective Order) (MT, ilcd). (Entered: 02/05/2010)
02/12/10	15	MOTION to Withdraw as attorney (Nathan Eimer, Andrew Kelvorn, John Thies) by Defendants IKO CHICAGO, INC., IKO Manufacturing, Inc., IKO Pacific, Inc. (MT, ilcd) (Entered: 02/16/2010)
02/12/10	19	MOTION for Designation of Management Counsel by Plaintiff William Curler. (MT, ilcd) (Entered: 03/10/2010)
02/16/10		TEXT ORDER granting 15 Motion to Withdraw entered by Chief Judge Michael P. McCuskey on 2/12/2010. (MT, ilcd) (Entered: 02/16/2010)
02/17/10		Minute Entry for proceedings held before Chief Judge Michael P. McCuskey and Judge Harold A. Baker. Status Conference held on 2/17/2010 by personal appearance. Appearance of plaintiffs by Jon Robinson, Liaison Counsel, Robert Shelquist, Charles Schaffer, Clayton Halunen, Charles DeLuca, Michael Flannery. Appearance of defendants by Christopher Murphy, Dan Pope, Michael Pope. Class Certification Motion due by 9/1/2010. Responses to class certification motion due by 10/1/2010. Hearing on motion for class certification set for 11/4/2010 01:30 PM in Courtroom B in Urbana before Judge Harold A. Baker. Redrafted management proposal with order to be filed within two weeks (March 3, 2010). Status Conference set for 3/12/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Attorneys are to notify the Clerk which attorneys will be included on the conference call. (Tape #Tape UR-B: 1:32 PM.) (MT, ilcd) (Entered: 02/17/2010)
02/17/10		TEXT ORDER entered by Judge Harold A. Baker on 2/17/2010. Pursuant to status conference held 2/17/2010, defendant IKO Sales, LTD is terminated from the case. (MT, ilcd) (Entered: 02/17/2010)
02/22/10	16	CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENT by William Curler (MT, ilcd) (Entered: 03/02/2010)
02/22/10	21	(STRICKEN) CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENT by plaintiffs (MT, ilcd) Modified on 3/11/2010 (MT, ilcd). (Entered: 03/11/2010)
03/02/10	17	STATUS REPORT Joint Case Management Conference Statement and Order. (MT, ilcd) (Entered: 03/03/2010)
03/05/10	18	MDL Case Management Order entered by Chief Judge Michael P. McCuskey on 3/5/2010. The Joint Case Management Conference Statement and Order is hereby adopted by the Court as Case Management Order No. 1 for the case, and the parties are ordered to comply with this Order. See written Order. (MT, ilcd) (MT, ilcd). (Entered: 03/05/2010)
03/10/10		TEXT ORDER granting 19 Motion for Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. The plaintiffs have filed a motion and brief for designation of management counsel. The motion 19 is granted. Written order to be entered. (MT, ilcd) (Entered: 03/10/2010)
03/10/10	20	MDL ORDER on Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. See written order.(MT, ilcd) (Entered: 03/10/2010)
03/11/10		TEXT ORDER STRIKING DOCUMENT entered by Judge Harold A. Baker on 3/11/2010. The 21 Certificate of Service is hereby stricken as having previously been filed.(MT, ilcd) (Entered: 03/11/2010)
03/12/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held by telephone on 3/12/2010. Appearance of plaintiffs by John Robinson, Charles Schaffer, Robert Shelquist, Clayton Halunen. Appearance of defendants by Christopher Murphy/Michael Pope/DanPope. Jurisdiction of Canadian entity discussed. IKO Industries agrees it is subject to this cout's jurisdiction. Further Status Conference set for 4/9/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) Modified on 3/15/2010 to correct attorney appearances. (MT, ilcd). (Entered: 03/12/2010)
03/15/10		Set/Reset Deadlines: IKO CHICAGO, INC. answer due 4/12/2010; IKO Industries, LTD answer due 4/12/2010; IKO Manufacturing, Inc. answer due 4/12/2010; IKO Pacific, Inc. answer due 4/12/2010. (MT, ilcd) (Entered: 03/15/2010)
03/15/10	22	(STRICKEN 3/18/2020) AMENDED COMPLAINT (Consolidated Class Action) against IKO CHICAGO, INC., IKO Industries, LTD, IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD, filed by William Curler.(MT, ilcd) Modified on 3/18/2010 (MT, ilcd). (Entered: 03/18/2010)
03/18/10		TEXT ORDER entered by Judge Harold A. Baker on 3/18/2010 re 22 Amended Complaint, filed by William Curler, David Greenough, Gerald P. Czuba, Pamela D. McNeil, Curtis Czajka, Michael Augustine, Belinda Curler, Vincent Dion, DEBRA ZANETTI, Richard Peleckis, James K Cantwil, Michael Hight. The plaintiffs have filed a consolidated class action complaint 22 . The amended complaint is stricken because the caption incorrectly references the original case numbers in other courts. The case management order, 18 , p. 5, states that the caption should reflect "this court's docket number for each individual action[.]" The plaintiffs must refile the consolidated class action complaint with corrected caption and case numbers.(MT, ilcd) (Entered: 03/18/2010)
03/19/10	24	AMENDED COMPLAINT CONSOLIDATED CLASS ACTION against IKO CHICAGO, INC., IKO Industries, LTD, IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD, filed by William Curler.(MT, ilcd) (Entered: 04/05/2010)
03/30/10	23	SUMMONS Returned Executed by William Curler. IKO Sales, LTD served on 2/26/2010, answer due 3/19/2010. (Cross, Andrew) (Entered: 03/30/2010)
04/08/10	25	JOINT MOTION to Vacate April Telephone Status Conference by plaintiffs and defendants. (MT, ilcd) (Entered: 04/08/2010)
04/09/10		TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. The parties have filed a motion to vacate the April telephone status conference. The motion 25 is granted. The May telephone status conference will be held as scheduled. (MT, ilcd) (Entered: 04/09/2010)
04/09/10		MDL TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. Status Conference set for 5/14/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (MT, ilcd) (Entered: 04/09/2010)
04/14/10	26	UNOPPOSED MOTION for Leave to File Amended Complaint by plaintiffs. (MT, ilcd) (Entered: 04/15/2010)
04/19/10		ORDER entered by Judge Harold A. Baker on 4/19/2010. The plaintiff has filed a motion for leave to file an amended complaint. The defendants do not oppose the motion. The motion for leave to file an amended complaint 26 is granted. The amended complaint shall be filed within two days of the date of this order. (MT, ilcd) Modified on 5/6/2010 to correct typographical error. (MT, ilcd). (Entered: 04/19/2010)
05/06/10	27	(STRICKEN 5/6/2010) ORDER entered by Magistrate Judge David G. Bernthal on 5/6/2010. Rule 16 Scheduling Conference set for 6/16/2010 02:00 PM in Courtroom C in Urbana before Magistrate Judge David G. Bernthal. (Attachments: # 1 Rule 16 Attachments)(MT, ilcd) Modified on 5/6/2010 (MT, ilcd). (Entered: 05/06/2010)
05/06/10		Remark: The Order 27 entered in this case on May 6, 2010, is hereby stricken. The order was entered in the wrong case number. (MT, ilcd) (Entered: 05/06/2010)
05/14/10		Minute Entry for proceedings held 5/14/10 before Judge Harold A. Baker. Appearance of plaintiffs by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, and Robert Shelquist. Appearance of defendants by Attorneys Christopher Murphy, and Daniel Pope. Telephone Status Conference held. Further Status Conference set for 6/11/2010 at 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Tape #UR-B 10:05 AM.) (VB, ilcd) (Entered: 05/14/2010)
06/03/10		TEXT ORDER entered by Judge Harold A. Baker on 6/3/10. Due to a conflict in the court's calendar, the routine status conference now scheduled for Friday, June 11, 2010, at 10:00 a.m. CDT, is vacated and rescheduled for Tuesday, June 8, 2010, at 8:45 a.m. CDT, by telephone conference call. The court will initiate the call. The parties shall email an agenda to chambers at baker@ilcd.uscourts.gov no later than 5 p.m. on Monday, June 7, 2010. (VB, ilcd) (Entered: 06/03/2010)
06/08/10		Minute Entry for proceedings held 6/8/10 before Judge Harold A. Baker. Appearance of Attorney Jon Robinson for plaintiffs. Appearance of Attorneys Christopher Murphy and Dan Pope for defendants. Status Conference held. Case Management Order to be entered. (Court Reporter T J) (VB, ilcd) (Entered: 06/08/2010)
06/08/10	28	CASE MANAGEMENT ORDER #2 entered by Judge Harold A. Baker on 6/8/10. Status Conference set for 7/9/2010 at 8:30 AM CDT by telephone from Urbana (court will place call) before Judge Harold A. Baker. See written Order. (VB, ilcd) (Entered: 06/08/2010)
06/29/10	29	MOTION to Compel Answers to Interrogatories by Defendants IKO Industries, LTD, IKO Manufacturing, Inc.. Responses due by 7/16/2010 (MT, ilcd) (Entered: 06/30/2010)
06/29/10	30	MEMORANDUM in Support re 29 MOTION to Compel Answers to Interrogatories filed by Defendants IKO Industries, LTD, IKO Manufacturing, Inc.. (MT, ilcd) (Entered: 06/30/2010)
07/07/10	31	MOTION to Compel by Plaintiff William Curler. Responses due by 7/26/2010 (MT, ilcd) (Entered: 07/07/2010)
07/07/10	32	MEMORANDUM in Support re 31 MOTION to Compel filed by Plaintiff William Curler. (MT, ilcd) (Entered: 07/08/2010)
07/09/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 7/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Christopher Ellis/ Charles Schaffer/Shawn Wanta/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope/Mike Pope. Attorneys Mike Pope/Levin/Rosemergy must become e-filers. Motion to Compel 31 discussed and arguments heard. Further Status Conference set for 8/13/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Written order to be entered. (Court Reporter TJ.) (MT, ilcd) (Entered: 07/09/2010) (Entered: 07/09/2010)
07/09/10	33	CASE MANAGEMENT ORDER #3 entered by Judge Harold A. Baker on 7/9/2010. The plaintiffs shall file a third amended consolidated class action complaint within two weeks of the date of this order. The defendants shall file their answer within twenty-one days thereafter. The defendants' motion to compel 29 is granted. The defendants shall provide outstanding documents to the plaintiffs within the next several weeks. The plaintiffs shall respond to the interrogatories no later than August 16, 2010. The plaintiffs' motion to compel 31 remains pending. The plaintiffs shall file a motion to withdraw the motion to compel if the matter is resolved before the next telephone conference. If a motion to withdraw is not filed by August 6, 2010, the defendants shall file a response to the motion to compel no later than August 9, 2010. A telephone status conference is scheduled for August 13, 2010, at 8:30 a.m., by telephone conference call. The court will initiate the call. The parties shall submit an agenda by e-mail to chambers at least two days prior to the telephone conference.(MT, ilcd) (Entered: 07/09/2010)
07/09/10	34	(STRICKEN 7/13/2010) CASE MANAGEMENT ORDER #3 entered by Judge Harold A. Baker on 7/9/2010. The plaintiffs shall file a third amended consolidated class action complaint within two weeks of the date of this order. The defendants shall file their answer within twenty-one days thereafter. The defendants' motion to compel 28 is granted. The defendants shall provide outstanding documents to the plaintiffs within the next several weeks. The plaintiffs shall respond to the interrogatories no later than August 16, 2010. The plaintiffs' motion to compel 30 remains pending. The plaintiffs shall file a motion to withdraw the motion to compel if the matter is resolved before the next telephone conference. If a motion to withdraw is not filed by August 6, 2010, the defendants shall file a response to the motion to compel no later than August 9, 2010. A telephone status conference is scheduled for August 13, 2010, at 8:30 a.m., by telephone conference call. The court will initiate the call. The parties shall submit an agenda by e-mail to chambers at least two days prior to the telephone conference. (MT, ilcd) Modified on 7/13/2010 (MT, ilcd). (Entered: 07/09/2010)
07/13/10		TEXT ORDER re 34 Case Management Order entered by Judge Harold A. Baker on 7/13/2010. Case Management Order 34 is hereby stricken as being duplicative. (MT, ilcd) (Entered: 07/13/2010)
07/20/10	35	Transcript of Proceedings held on July 9, 2010, before Judge Harold A. Baker. Court Reporter/Transcriber TJ. Transcript purchased by:Christopher Murphy. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 8/13/2010. Redacted Transcript Deadline set for 8/23/2010. Release of Transcript Restriction set for 10/21/2010. (MT, ilcd) (Entered: 07/20/2010)
07/26/10		TEXT ORDER entered by Judge Harold A. Baker on 7/26/2010. Plaintiff W. Curler is not a plaintiff in the third amended consolidated class action complaint (Document # 55 in 09-2104. The clerk is directed to terminate W. Curler as a plaintiff in Case No. 09-md-2104 and to terminate his case, 09-2315. (MT, ilcd) (Entered: 07/26/2010)

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09-cv-03281 10/27/09 Curler et al. v. IKO Manufacturing, Inc., et al.

Date Filed	No.	Docket Text
10/27/09	1	COMPLAINT against IKO Manufacturing, Inc.; IKO Industries, LTD; IKO Sales; LTD.; IKO Pacific, Inc. and IKO CHICAGO, INC., filed by Belinda Curler, David Greenough and Vincent Dion. Filing fee $ 350.00, receipt # 34626001925 (Attachment: # 1 Civil Cover Sheet)(MAS, ilcd) (Entered: 10/28/2009)
12/29/09		TEXT ORDER entered by Chief Judge Michael P. McCuskey on 12/29/2009. This case is reassigned to the MDL litigation in the Urbana Division, 09-md-2104. Chief Judge McCuskey is the presiding judge with Judge David G. Bernthal as the referral judge.(MT, ilcd) (Entered: 12/29/2009)
12/29/09		Case reassigned to Chief Judge Michael P. McCuskey. Judge Jeanne E. Scott no longer assigned to the case. (MT, ilcd) (Entered: 12/29/2009)
12/29/09		Cases associated: Create association to 2:09-md-02104-MPM-DGB. (MT, ilcd) (Entered: 12/29/2009)
12/29/09	2	NOTICE to all Counsel re electronic filing and registration for login and password. (MT, ilcd) (Entered: 12/29/2009)
01/04/10	3	NOTICE of Appearance of Attorney of Christopher Ellis for Belinda Curler, Vincent Dion, David Greenough (MT, ilcd) (Entered: 01/05/2010)
01/11/10	4	Return of Service Executed by Vincent Dion, Belinda Curler, David Greenough as to Square Deal Building Supply Company 1/11/2010. (Cross, Andrew) (Entered: 01/11/2010)
01/29/10	5	Summons Issued as to IKO Industries, LTD, IKO Sales, LTD.. and returned to Attorney Cross for service. (MT, ilcd) (Entered: 01/29/2010)
02/03/10		Magistrate Judge David G. Bernthal added. Magistrate Judge Byron G. Cudmore no longer assigned to case. (MT, ilcd) (Entered: 02/03/2010)
02/03/10	6	NOTICE Joint Preliminary Report for Hon. Michael P. McCuskey NOT TO BE FILED WITH CLERK per Order No. 2 (MT, ilcd) (Entered: 02/04/2010)
02/03/10	7	NOTICE Joint Case Management Conference Statement and Proposed Order (MT, ilcd) (Entered: 02/04/2010)
02/03/10	8	MOTION (Stipulated) for Protective Order by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 2/22/2010 (MT, ilcd) (Entered: 02/04/2010)
02/04/10	9	NOTICE of defendants' List of Affiliated Companies and Associated Counsel. (MT, ilcd) (Entered: 02/04/2010)
02/05/10	10	PROTECTIVE ORDER entered by Chief Judge Michael P. McCuskey on 2/5/2010. See written order.(MT, ilcd) (Entered: 02/05/2010)
02/11/10	11	MOTION to Withdraw Attorney (Nathan Eimer, Andrew Kelvorn, John Thies) by Defendants IKO CHICAGO, INC., IKO Manufacturing, Inc., IKO Pacific, Inc. (MT, ilcd) (Entered: 02/16/2010)
02/16/10		TEXT ORDER granting 11 Motion to Withdraw entered by Chief Judge Michael P. McCuskey on 2/11/2010. (MT, ilcd) (Entered: 02/16/2010)
02/17/10		Minute Entry for proceedings held before Chief Judge Michael P. McCuskey and Judge Harold A. Baker. Status Conference held on 2/17/2010 by personal appearance. Appearance of plaintiffs by Jon Robinson, Liaison Counsel, Robert Shelquist, Charles Schaffer, Clayton Halunen, Charles DeLuca, Michael Flannery. Appearance of defendants by Christopher Murphy, Dan Pope, Michael Pope. Class Certification Motion due by 9/1/2010. Responses to class certification motion due by 10/1/2010. Hearing on motion for class certification set for 11/4/2010 01:30 PM in Courtroom B in Urbana before Judge Harold A. Baker. Redrafted management proposal with order to be filed within two weeks (March 3, 2010). Status Conference set for 3/12/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Attorneys are to notify the Clerk which attorneys will be included on the conference call. (Tape #Tape UR-B: 1:32 PM.) (MT, ilcd) (Entered: 02/17/2010)
02/17/10		TEXT ORDER entered by Judge Harold A. Baker on 2/17/2010. Pursuant to status conference held 2/17/2010, defendant IKO Sales, LTD. is terminated fromt he case. (MT, ilcd) (Entered: 02/17/2010)
02/22/10	15	CERTIFICATE OF SERVICE OF DISCOVERY DOCUMENT by plaintiffs (MT, ilcd) (Entered: 03/11/2010)
03/02/10	16	STATUS REPORT Joint Case Management Conference Statement and Order (MT, ilcd) (Entered: 03/11/2010)
03/05/10	12	CASE MANAGEMENT ORDER #1 entered by Chief Judge Michael P. McCuskey on 3/5/2010. The Joint Case Management Conference Statement and Order is hereby adopted by the Court as Case Management Order No. 1 for the case, and the parties are ordered to comply with this Order. See written order. (MT, ilcd) (Entered: 03/05/2010)
03/10/10	13	MOTION for Designation of Management Counsel by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (MT, ilcd) (Entered: 03/10/2010)
03/10/10		TEXT ORDER granting 13 Motion for Designation of Management Counsel entered by Judge Harold A. Baker on 3/10/2010. The plaintiffs have filed a motion and brief for designation of management counsel. The motion 13 is granted. Written order to be entered. (MT, ilcd) (Entered: 03/10/2010)
03/10/10	14	MDL ORDER for Designation of management Counsel entered by Judge Harold A. Baker on 3/10/2010. See written order.(MT, ilcd) (Entered: 03/10/2010)
03/12/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held by telephone on 3/12/2010. Appearance of plaintiffs by John Robinson, Charles Schaffer, Robert Shelquist, Clayton Halunen. Appearance of defendants by Christopher Murphy/Michael Pope/Dan Pope. Jurisdiction of Canadian entity discussed. IKO Industries agrees it is subject to this cout's jurisdiction. Further Status Conference set for 4/9/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(Court Reporter TJ.) (MT, ilcd) Modified on 3/15/2010 to correct attorney appearances. (MT, ilcd). (Entered: 03/12/2010)
03/15/10		Set/Reset Deadlines: IKO CHICAGO, INC. answer due 4/12/2010; IKO Industries, LTD answer due 4/12/2010; IKO Manufacturing, Inc. answer due 4/12/2010; IKO Pacific, Inc. answer due 4/12/2010. (MT, ilcd) (Entered: 03/15/2010)
03/18/10	17	(STRICKEN 3/18/2010) AMENDED COMPLAINT (Consolidated Class Action) against IKO CHICAGO, INC., IKO Industries, LTD, IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD., filed by Vincent Dion, Belinda Curler, David Greenough.(MT, ilcd) Modified on 3/18/2010 (MT, ilcd). (Entered: 03/18/2010)
03/18/10		TEXT ORDER re 17 Amended Complaint filed by Vincent Dion, David Greenough, Belinda Curler entered by Judge Harold A. Baker on 3/18/2010 re 17 Amended Complaint, filed by William Curler, David Greenough, Gerald P. Czuba, Pamela D. McNeil, Curtis Czajka, Michael Augustine, Belinda Curler, Vincent Dion, DEBRA ZANETTI, Richard Peleckis, James K Cantwil, Michael Hight. The plaintiffs have filed a consolidated class action complaint 17 . The amended complaint is stricken because the caption incorrectly references the original case numbers in other courts. The case management order, 12 , p. 5, states that the caption should reflect "this court's docket number for each individual action[.]" The plaintiffs must refile the consolidated class action complaint with corrected caption and case numbers(MT, ilcd) (Entered: 03/18/2010)
03/19/10	19	AMENDED COMPLAINT CONSOLIDATED CLASS ACTION against IKO CHICAGO, INC., IKO Industries, LTD, IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD., filed by Vincent Dion, Belinda Curler, David Greenough.(MT, ilcd) (Entered: 04/05/2010)
03/30/10	18	SUMMONS Returned Executed by Belinda Curler. IKO Sales, LTD. served on 2/26/2010, answer due 3/19/2010. (Cross, Andrew) (Entered: 03/30/2010)
04/08/10	20	JOINT MOTION to Vacate April Telephone Status Conference by plaintiffs and defendants. (MT, ilcd) (Entered: 04/08/2010)
04/09/10		TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. The parties have filed a motion to vacate the April telephone status conference. The motion 20 is granted. The May telephone status conference will be held as scheduled. (MT, ilcd) (Entered: 04/09/2010)
04/09/10		MDL TEXT ORDER entered by Judge Harold A. Baker on 4/9/2010. Status Conference set for 5/14/2010 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(MT, ilcd) (Entered: 04/09/2010)
04/14/10	21	UNOPPOSED MOTION for Leave to File Amended Complaint by plaintiffs. (MT, ilcd) (Entered: 04/15/2010)
04/19/10		TEXT ORDER entered by Judge Harold A. Baker on 4/19/2010. The plaintiff has filed a motion for leave to file an amended complaint. The defendants do not oppose the motion. The motion for leave to file an amended complaint 21 is granted. The amended complaint shall be filed within two days of the date of this order. (MT, ilcd) (Entered: 04/19/2010)
04/19/10	22	AMENDED COMPLAINT against IKO CHICAGO, INC., IKO Industries, LTD, IKO Manufacturing, Inc., IKO Pacific, Inc., IKO Sales, LTD., filed by Vincent Dion, Belinda Curler, David Greenough.(MT, ilcd) (Entered: 04/19/2010)
05/04/10	23	MOTION to Dismiss Plaintiffs' Amended Consolidated Class Action Complaint by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Pacific, Inc., IKO Production Inc. (MT, ilcd) (Entered: 05/04/2010)
05/04/2010	24	MEMORANDUM in Support (not attached; see Case No. 09-2104 41 ) re 23 MOTION to Dismiss filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Pacific, Inc., IKO Production Inc. (MT, ilcd) Modified on 5/7/2010 to add 41 (MT, ilcd). (Entered: 05/04/2010)
05/06/10	25	MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 5/24/2010 (MT, ilcd) (Entered: 05/06/2010)
05/07/10		TEXT ORDER entered by Judge Harold A. Baker on 5/7/2010. The defendants have filed an unopposed motion for leave to file five extra pages in their memorandum in support of their motion to dismiss. The motion is granted. The defendants may file a memorandum five pages longer than that allowed by this court's Local Rules. The plaintiffs are granted leave to file a response brief that is five pages longer than that allowed by the Local Rules. The plaintiffs have filed a motion for extension of time to respond to the motion to dismiss. They seek an additional seven days to file their response. The motion for extension of time 43 is granted. The plaintiffs shall file their response no later than May 27, 2010. (MT, ilcd) (Entered: 05/07/2010)
05/14/10		Minute Entry for proceedings held 5/14/10 before Judge Harold A. Baker. Appearance of plaintiffs by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, and Robert Shelquist. Appearance of defendants by Attorneys Christopher Murphy, and Daniel Pope. Telephone Status Conference held. Further Status Conference set for 6/11/2010 at 10:00 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Tape #UR-B 10:05 AM.) (VB, ilcd) (Entered: 05/14/2010)
05/27/10	27	RESPONSE to Motion re 23 MOTION to Dismiss filed by Plaintiffs Belinda Curler, Vincent Dion. (MT, ilcd) Modified on 6/10/2010 to correct filing date. (MT, ilcd). (Entered: 06/10/2010)
06/03/10		TEXT ORDER entered by Judge Harold A. Baker on 6/3/10. Due to a conflict in the court's calendar, the routine status conference now scheduled for Friday, June 11, 2010, at 10:00 a.m. CDT, is vacated and rescheduled for Tuesday, June 8, 2010, at 8:45 a.m. CDT, by telephone conference call. The court will initiate the call. The parties shall email an agenda to chambers at baker@ilcd.uscourts.gov no later than 5 p.m. on Monday, June 7, 2010. (VB, ilcd) (Entered: 06/03/2010)
06/08/10		Minute Entry for proceedings held 6/8/10 before Judge Harold A. Baker. Appearance of Attorney Jon Robinson for plaintiff. Appearance of Attorneys Christopher Murphy and Dan Pope for defendants. Status Conference held. Case Management Order to be entered. (Court Reporter T J) (VB, ilcd) (Entered: 06/08/2010)
06/08/10	26	CASE MANAGEMENT ORDER #2 entered by Judge Harold A. Baker on 6/8/10. Status Conference set for 7/9/2010 at 8:30 AM CDT by telephone from Urbana (court will place call) before Judge Harold A. Baker. See written Order. (VB, ilcd) (Entered: 06/08/2010)
06/29/10	28	MOTION to Compel Answers to Interrogatories by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Production Inc. Responses due by 7/16/2010 (MT, ilcd) (Entered: 06/30/2010)
06/29/10	29	MEMORANDUM in Opposition re 28 MOTION to Compel Answers to Interrogatories filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Production Inc. (MT, ilcd) (Entered: 06/30/2010)
07/07/10	30	MOTION to Compel by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 7/26/2010 (MT, ilcd) (Entered: 07/07/2010)
07/07/10	31	MEMORANDUM in Support re 30 MOTION to Compel filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (MT, ilcd) (Entered: 07/08/2010)
07/09/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 7/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Christopher Ellis/ Charles Schaffer/Shawn Wanta/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope/Mike Pope. Attorneys Mike Pope/Levin/Rosemergy must become e-filers. Motion to Compel 30 discussed and arguments heard. Further Status Conference set for 8/13/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Written order to be entered. (Court Reporter TJ.) (MT, ilcd) (Entered: 07/09/2010) (Entered: 07/09/2010)
07/20/10	32	Transcript of Proceedings held on July 9, 2010, before Judge Harold A. Baker. Court Reporter/Transcriber TJ. Transcript purchased by:Christopher Murphy. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Redaction Request due 8/13/2010. Redacted Transcript Deadline set for 8/23/2010. Release of Transcript Restriction set for 10/21/2010. (MT, ilcd) (Entered: 07/20/2010)
07/23/10	33	THIRD AMENDED COMPLAINT against IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc, filed by Vincent Dion, Belinda Curler, David Greenough.(MT, ilcd) (Entered: 07/26/2010)
07/27/10		TEXT ORDER entered by Judge Harold A. Baker on 7/27/2010. The plaintiffs have filed a third amended consolidated class action complaint 33 . The pending motion to dismiss the second amended complaint 23 is moot. The defendants shall answer the third amended consolidated class action complaint on or before August 13, 2010. (MT, ilcd) (Entered: 07/27/2010)
07/27/10		Set/Reset Deadlines: IKO Industries, LTD answer to third amended complaint due 8/13/2010; IKO Manufacturing, Inc. answer to third amended complaint due 8/13/2010; IKO Midwest Inc answer to third amended complaint due 8/13/2010; IKO Production Inc answer to third amended complaint due 8/13/2010. (MT, ilcd) (Entered: 07/27/2010)
07/29/10	34	MOTION for Reconsideration re Case Management Order #3 by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/29/2010)
07/29/10	35	MEMORANDUM in Support re 34 MOTION for Reconsideration re Case Management Order #3 filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (MT, ilcd) (Entered: 07/29/2010)
07/30/10	36	MOTION for Extension of Time for Production of Expert Reports by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 8/16/2010 (MT, ilcd) (Entered: 07/30/2010)
07/30/10	37	MEMORANDUM in Support re 36 MOTION for Extension of Time for Production of Expert Reports filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (MT, ilcd) (Entered: 07/30/2010)
08/06/10	38	MOTION by all parties for Extension of Time for parties to resolve issues relating to plaintiffs' motion to compel 30 . Responses due by 8/23/2010 (MT, ilcd) (Entered: 08/06/2010)
08/11/10	39	RESPONSE to Motion re 34 MOTION for Reconsideration filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (MT, ilcd) (Entered: 08/11/2010)
08/11/10	40	MEMORANDUM in Opposition re 36 MOTION for Extension of Time to Complete Discovery filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Pacific, Inc.. (MT, ilcd) (Entered: 08/11/2010)
08/12/10	41	ORDER entered by Judge Harold A. Baker on 8/12/2010. The motion for reconsideration 34 is denied. The deadlines for expert discovery and class certification are vacated. The parties shall submit by August 13th, 2010, a joint motion for extension of these deadlines. The motion for extension of time to complete expert discovery 36 is moot. The joint motion for extension of time regarding the motion to compel 38 is granted. The motion to compel 30 remains pending. (MT, ilcd) (Entered: 08/12/2010)
08/12/10	42	JOINT MOTION by all parties for Order to Extend Case Management Order. Responses due by 8/30/2010 (MT, ilcd) (Entered: 08/12/2010)
08/13/10		Minute Entry for proceedings held before Judge Harold A. Baker. Status Conference held on 8/13/2010. Appearance of plaintiffs by Jon Robinson, Chris Ellis, Charles Schaffer, Shawn Wanta, Robert Shelquist. Appearance of defendants by Christopher Murphy and Dan Pope. Discussion held re case management deadlines. Further Status Conference set for 9/9/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) (Entered: 08/13/2010)
08/13/10	43	MOTION by defendants for Extension of Time to File Answer re 33 Third Amended Complaint. Responses due by 8/30/2010 (MT, ilcd) (Entered: 08/13/2010)
08/20/10		TEXT ORDER entered by Judge Harold A. Baker on 8/30/2010. The defendants have filed a motion for extension of time to answer the plaintiffs; third consolidated class action complaint. The motion for extension of time 43 is granted. The defendants shall file their answer on or before August 30, 2010. (MT, ilcd) (Entered: 08/20/2010)
08/20/10	45	ANSWER and AFFIRMATIVE DEFENSES to 33 Third Amended Complaint by IKO Industries Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	46	ANSWER and AFFIRMATIVE DEFENSES to 33 Third Amended Complaint by IKO Industries, LTD.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	47	ANSWER and AFFIRMATIVE DEFENSES to 33 Third Amended Complaint by IKO Manufacturing, Inc..(MT, ilcd) (Entered: 09/09/2010)
08/20/10	48	ANSWER and AFFIRMATIVE DEFENSES to 33 third Amended Complaint by IKO Midwest Inc.(MT, ilcd) (Entered: 09/09/2010)
08/20/10	49	ANSWER and AFFIRMATIVE DEFENSES to 33 Third Amended Complaint by IKO Production Inc.(MT, ilcd) (Entered: 09/09/2010)
09/02/10	44	NOTICE of Withdrawal of Plaintiff's Motion to Compel re 30 MOTION to Compel (MT, ilcd) (Entered: 09/02/2010)
09/20/10		TEXT ORDER entered by Judge Harold A. Baker on 9/3/2010. The plaintiffs have filed a notice of withdrawal of their motion to compel. The court construes the notice as a motion. The motion to withdraw 44 is granted. The motion to compel 30 is withdrawn.(MT, ilcd) (Entered: 09/03/2010)
09/09/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 9/9/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Robert Shelquist. Appearance of defendants by Christopher Murphy/Dan Pope. The court accepts defendants' suggested deadlines. Plaintiffs' Expert Disclosure due by 10/1/2010. Defendants' Expert Disclosure due by 11/1/2010. Class Certification Motion due by 11/8/2010. Responses to class certification motion due by 12/10/2010. Further Status Conference set for 10/15/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter TJ.) (MT, ilcd) (Entered: 09/09/2010)
09/09/10		Set/Reset Deadlines/Hearings: Pursuant to Minute Entry entered 9/9/2010, Motion for class certification by 11/8/2010; Responses by 12/10/2010 (MT, ilcd) (Entered: 09/09/2010)
09/10/10	50	CASE MANAGEMENT ORDER #4 entered by Judge Harold A. Baker on 9/10/2010, The court held a status conference on 9/9/2010. The pending joint motion 42 to extend deadlines in Case Management Order #3 is granted in part and denied in part. Dates and deadlines set. A Hearing on Motion for class certification is scheduled 12/17/2010 02:00 PM in Courtroom B in Urbana before Judge Harold A. Baker sitting in Urbana, Illinois. See written order. (MT, ilcd) (Entered: 09/10/2010)
09/23/10	51	(STRICKEN 9/24/2010) MOTION for Extension of Time to Complete Discovery by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 10/12/2010 (MT, ilcd) Modified on 9/24/2010 (MT, ilcd). (Entered: 09/24/2010)
09/23/10	52	MEMORANDUM in Support re 51 MOTION for Extension of Time to Complete Discovery filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (MT, ilcd) (Entered: 09/24/2010)
09/23/10	53	CERTIFICATE of Compliance re Memo in Support 52 . (MT, ilcd) (Entered: 09/24/2010)
09/23/10	54	MOTION to Strike 51 MOTION for Extension of Time to Complete Discovery by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/24/2010)
09/23/10	55	AMENDED DOCUMENT by Belinda Curler, Vincent Dion, David Greenough. Amendment to 52 Memorandum in Support of Motion. (MT, ilcd) (Entered: 09/24/2010)
09/24/10		TEXT ORDER entered by Judge Harold A. Baker on 9/24/2010. The plaintiffs have filed a motion to strike their motion for extension of time, and to file an amended motion for extension of time. The motion to strike 54 is granted. Docket entry 51 is stricken. The plaintiffs shall file their amended motion no later than Tuesday, September 28, 2010. (MT, ilcd) (Entered: 09/24/2010)
09/24/10	56	EMERGENCY MOTION for Extension of CMO Deadlines by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/27/2010)
09/24/10	57	EMERGENCY MOTION to Compel Production of Documents by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 10/12/2010 (MT, ilcd) (Entered: 09/27/2010)
09/24/10	58	MEMORANDUM in Support re 57 MOTION to Compel Production of Documents filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (MT, ilcd) (Entered: 09/27/2010)
09/24/10	59	AFFIDAVIT of Charles E. Schaffer re 57 MOTION to Compel Production of Documents by Belinda Curler, Vincent Dion, David Greenough. (MT, ilcd) (Entered: 09/27/2010)
09/29/10	60	MEMORANDUM in Opposition with Exhibits re 56 MOTION for Extension of Time to Complete Discovery filed by defendants. (MT, ilcd) (Entered: 10/13/2010)
10/01/10		TEXT ORDER entered by Judge Harold A. Baker on 10/1/10. The plaintiff has filed an emergency motion for extension of time. The defendants oppose the motion. A routine status conference is scheduled for October 15, 2010. All deadlines and due dates in the current case management order are suspended and will be addressed at the October 15, 2010, telephone status conference. The plaintiffs have also filed an emergency motion to compel production of documents. The defendants shall file a response no later than October 12, 2010. (VB, ilcd) (Entered: 10/01/2010)
10/12/10	61	MEMORANDUM in Opposition with Exhibits re 57 MOTION to Compel Production of Documents filed by defendants. (MT, ilcd) (Entered: 10/13/2010)
10/13/10	62	MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine filed by defendants. Responses due by 11/1/2010 (MT, ilcd) (Entered: 10/14/2010)
10/13/10	63	MEMORANDUM in Support re 62 MOTION to Re-Open Depositions of plaintiffs Greenough and Augustine filed by defendants. (MT, ilcd) (Entered: 10/14/2010)
10/15/10		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 10/15/2010 by telephone. Appearance of plaintiffs by Jon Robinson/Charles Schaffer/Shawn Wanta; appearance of defendants by Christopher Murphy/Dan Pope. The court granted the plaintiffs' motion for extension of discovery deadlines 56 . The parties shall file a new agreed proposed discovery schedule within seven days. The plaintiffs' motion to compel 57 remains pending; the parties will attempt to work out this dispute on their own. When the issue is resolved, the plaintiff shall file a motion to withdraw the motion to compel. The defendants' motion to reopen the depositions of plaintiffs Greenough and Augustine 62 is granted. Those plaintiffs shall be redeposed in Chicago, Illinois, at the plaintiffs' expense. Status Conference set for 11/12/2010 08:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker.(Court Reporter TJ.) (MT, ilcd) (Entered: 10/15/2010)
10/21/10	64	JOINT MOTION Parties' Agreed Proposed Schedule filed by defendants. Responses due by 11/8/2010 (MT, ilcd) (Entered: 10/21/2010)
10/27/10	65	CERTIFICATE OF SERVICE of Plaintiffs' Third Set of Requests for Production of Documents and Tangible Things to all Defendants by plaintiffs. (MT, ilcd) (Entered: 10/28/2010)
11/03/10	66	CERTIFICATE OF SERVICE of Plaintiffs' Omibus Objections and Responses to Defendants' Second Set of Requests to Produce by plaintiffs (MT, ilcd) (Entered: 11/04/2010)
11/04/10		TEXT ORDER entered by Judge Harold A. Baker on 11/3/2010. At a telephone status conference on October 15, 2010, the parties were ordered to submit a new proposed discovery schedule. On October 21, 2010, they submitted an agreed proposed schedule. The court grants the motion to enter the proposed schedule 64 . The court adopts the dates in the agreed proposed schedule. The motion hearing now scheduled for December 17, 2010, at 2:00 p.m., is vacated and rescheduled for March 25, 2011, at 2:00 p.m. by personal appearance.(MT, ilcd) (Entered: 11/04/2010)
11/09/10		TEXT ORDER entered by Judge Harold A. Baker on 11/9/10. The parties have informed the court that they have nothing to present for discussion at the telephone status conference scheduled for Friday, November 12, 2010. The next status conference is scheduled for Friday, December 10, 2010, at 8:30 a.m. by telephone conference call. The court will initiate the call. As of the last status conference, the plaintiffs' motion to compel 81 was pending; the parties were attempting to work out this dispute on their own. When the issue was resolved, the plaintiffs were to file a motion to withdraw the motion to compel. The plaintiffs have not yet done so. If the matter is now resolved, the plaintiffs must file, forthwith, a motion to withdraw the motion to compel. Otherwise, the parties shall place it on the agenda for the December 10, 2010, telephone status conference. (VB, ilcd) (Entered: 11/09/2010)
11/24/10	67	NOTICE of Appearance of Attorney by Eric D Holland on behalf of Belinda Curler, Vincent Dion, David Greenough (VB, ilcd) (Entered: 11/24/2010)
12/07/10	68	MOTION to Withdraw 57 MOTION to Compel by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 12/27/2010 (VB, ilcd) (Entered: 12/08/2010)
12/08/10		TEXT ORDER entered by Judge Harold A. Baker on 12/8/10. The plaintiffs have filed a motion to withdraw their motion to compel. The motion to withdraw 68 is granted. The motion to compel 57 is withdrawn. (VB, ilcd) (Entered: 12/08/2010)
12/10/10		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for plaintiffs. Appearance of Attorneys Christopher Murphy, Daniel Pope for defendants. Status Conference held. Plaintiffs wish to amend complaint. Defendant objects to the amended complaint. Arguments heard. Plaintiff is directed to file a motion to amend complaint. Further Status Conference set for 1/14/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J) (VB, ilcd) (Entered: 12/10/2010)
12/30/11	69	MOTION to Consolidate Complaints, MOTION to Amend Third Amended Consolidated Complaint by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 1/18/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Leave to Amend, # 4 Text of Proposed Order Leave to Consolidate)(VB, ilcd) (Entered: 01/12/2011)
12/30/11	70	MEMORANDUM in Support re 69 MOTION to Consolidate Complaints, MOTION to Amend Third Amended Consolidated Complaint filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (VB, ilcd) Modified on 1/12/2011 to change the filing date from 1/12/11 to 12/30/10 (VB, ilcd). (Entered: 01/12/2011)
01/05/11	71	MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 1/24/2011 (VB, ilcd) (Entered: 01/12/2011)
01/05/11	72	MEMORANDUM in Support re 71 MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (VB, ilcd) (Entered: 01/12/2011)
01/11/11	73	NOTICE OF FILING OFFICIAL TRANSCRIPT of Conference Call Proceedings held on 10/15/2010, before Judge Harold A Baker. Court Reporter/Transcriber T J, Telephone number 217-373-5835. Transcript purchased by:Jon Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 2/4/2011. Redacted Transcript Deadline set for 2/14/2011. Release of Transcript Restriction set for 4/14/2011. (VB, ilcd) (Entered: 01/12/2011)
01/13/11	74	MOTION to Extend Case Schedule by One Month by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 1/31/2011 (VB, ilcd) (Entered: 01/18/2011)
01/14/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for Plaintiffs. Appearance of Attorneys Christopher Murphy, Dan Pope for Defendants. Telephone Status Conference held. Status of case dismissed. Case Management Order to be entered. Telephone Status Conference set for 2/11/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J.) (VB, ilcd) Modified on 1/18/2011 to correct appearances of Attorneys (VB, ilcd). (Entered: 01/15/2011)
01/18/11	75	CASE MANAGEMENT ORDER #5 entered by Judge Harold A. Baker on 1/18/11 granting 69 Motion to Consolidate Cases; granting 69 Motion to Amend/Correct; granting 71 Motion to Compel; The plaintiffs are ordered to produce all such documents no later than January 24, 2011; granting 74 Motion to Extend Case Schedule by One Month. A status conference is scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. An agenda for the conference shall be submitted to chambers email no later than February 9, 2011. See written Order. (VB, ilcd) (Main Document 75 replaced on 1/18/2011) (VB, ilcd). (Entered: 01/18/2011)
02/04/11		TEXT ORDER entered by Judge Harold A. Baker on 2/3/11. The status conference now scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call, is vacated and rescheduled for one hour later on the same day, February 11, 2011, at 9:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/04/2011)
02/10/11		TEXT ORDER entered by Judge Harold A. Baker on 2/10/11. The parties report that they have nothing to present for discussion at the status conference now set for Friday, February 11, 2011, at 9:30 a.m. Consequently, that status conference is vacated. The next status conference will be held on March 11, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/10/2011)
02/24/11	76	MOTION to Compel Production of Documents by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 3/14/2011 (VB, ilcd) (Entered: 03/09/2011)
02/24/11	77	MEMORANDUM in Support re 76 MOTION to Compel Production of Documents filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (VB, ilcd) (Entered: 03/09/2011)
03/09/11		TEXT ORDER entered by Judge Harold A. Baker on 3/9/11. The parties have notified the court that they have no agenda items for the telephone status conference now scheduled for Friday, March 11, at 8:30 a.m. However, the plaintiffs have filed a motion to compel production of documents. That motion 76 is pending. If the parties have resolved the matter, the plaintiffs should file a motion to withdraw the motion to compel. If the matter is unresolved, the telephone status conference will be held as scheduled, and the plaintiffs' counsel must notify the court no later than March 10, 2011, at 4:00 p.m. of the telephone numbers at which the attorneys who will participate in the conference can be reached. (VB, ilcd) (Entered: 03/09/2011)
03/10/11		TEXT ORDER entered by Judge Harold A. Baker on 3/10/11. On February 24, 2011, the plaintiffs filed a motion to compel production of documents. They have now filed a notice of withdrawal 114 of the motion to compel in 09-md-2104. Therefore, the motion to compel 76 is withdrawn. The telephone status conference now scheduled for Friday, March 11, 2011, at 8:30 a.m. is vacated. The next status conference is scheduled for Friday, April 8, 2011, at 8:30 a.m. by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 03/10/2011)
03/22/11		TEXT ORDER entered by Judge Harold A. Baker on 3/22/11. The motion hearing scheduled for March 25, 2011, at 2:00 p.m. has been vacated pursuant to Case Management Order #5, d/e 75 . The hearing on the motion for class certification will be rescheduled after expert discovery has closed and new deadlines for the filing of motions, responses and, if needed, replies, are established. (VB, ilcd) (Entered: 03/22/2011)
04/06/11		TEXT ORDER entered by Judge Harold A. Baker on 4/6/11. The parties have informed the court that they have no items to present for discussion at the telephone status conference now scheduled for April 8, 2011. Consequently, that status conference is vacated and rescheduled for Friday, May 20, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 04/06/2011)
05/16/11	78	MOTION to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (Attachments: # 1 Exhibit 1) (VB, ilcd) (Entered: 05/17/2011)
05/16/11	79	MOTION for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 6/3/2011 (VB, ilcd) (Entered: 05/17/2011)
05/16/11	80	MEMORANDUM in Support re 78 MOTION to Exclude Plaintiffs' Expert's Testimony filed by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit A - Appendix A-F, # 3 Exhibit A - Appendix G - Part 1, # 4 Exhibit A - Appendix G - Part 2, # 5 Exhibit A - Appendix H-I, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O)(VB, ilcd) (Entered: 05/17/2011)
05/16/11	81	+++ SEALED DOCUMENT.. (Attachments: # 1 Exhibit F - Part 2, # 2 Exhibit F - Part 3, # 3 Exhibit F - Part 4, # 4 Exhibit F - Part 5, # 5 Exhibit F - Part 6, # 6 Exhibit F - Part 7, # 7 Exhibit F - Part 8, # 8 Exhibit F - Part 9, # 9 Exhibit F - Appendix 04, # 10 Exhibit F - Appendix 07, # 11 Exhibit F - Appendix 09, # 12 Exhibit F - Appendix 10, # 13 Exhibit F - Appendix 11, # 14 Exhibit F - Appendix 14, # 15 Exhibit F - Appendix 19, # 16 Exhibit F - Appendix 26, # 17 Exhibit F - Appendix 27, # 18 Exhibit F - Appendix 29, # 19 Exhibit F - Appendix 30)(VB, ilcd) (Entered: 05/17/2011)
05/18/11		TEXT ORDER entered by Judge Harold A. Baker on 5/18/11. Due to a conflict in the Court's calendar, the status conference call scheduled for 5/20/11 at 8:30a.m. has been rescheduled to 5/24/11 at 8:30 a.m. The Court will initiate the call. (VB, ilcd) (Entered: 05/18/2011)
05/24/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorneys Jon Robinson and Charles Schaffer for Plaintiffs. Appearance of Attorney Christopher Murphy for Defendants. Status Conference held. Discussion with Counsel held. Scheduling Order to be submitted to Counsel. Court is granting 70 Defendants' Motion for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony. (Court Reporter T J.) (VB, ilcd) Modified on 5/24/2011 to correct which Attorneys were present (VB, ilcd). (Entered: 05/24/2011)
05/24/11	82	COURT'S SUGGESTED SCHEDULING ORDER entered by Judge Harold A. Baker on 5/24/11. July 20, 2011, plaintiffs finish taking the depositions of defendants' four identified expert witnesses; August 31, 2011, plaintiffs respond to the defendants' pending Daubert motion; October 5, 2011, 9:30 a.m. Daubert hearing by personal appearance before the court in Urbana; The court will try to rule on the Daubert motion by October 7, 2011. November 1, 2011, plaintiffs' class certification is due; November 30, 2011, defendants' response to the class certification is due; December 15, 2011, oral argument on class certification by personal appearance before the court in Urbana. See written Order. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. Telephone Status Conference is scheduled for 5/26/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. By request of Attorney Murphy, the Telephone Status Conference scheduled for 5/26/11 at 8:30 AM has been changed to 5/27/11 at 8:30 AM. The Court will place the call. (VB, ilcd) (Entered: 05/25/2011)
05/27/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 5/27/2011. Appearances for plaintiffs by Jon Robinson and Charles Schaffer. Appearances for defendants by Christopher Murphy, Michael Pope and Daniel Pope. Discussion held on discovery. Scheduling order to be entered. (Court Reporter TJ) (KW, ilcd) (Entered: 05/27/2011)
05/27/11	83	COURT'S SCHEDULING ORDER Entered by Judge Harold A. Baker on 5/27/11. Daubert Hearing set for 10/5/2011 at 9:30 AM in Courtroom B in Urbana before Judge Harold A. Baker. Class Certification Hearing set for 12/15/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written scheduling order. (KW, ilcd) (Entered: 05/27/2011)
06/21/11	84	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 5/27/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Chris Murphy & Michael Pope. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011. (KW, ilcd) (Entered: 06/21/2011)
06/22/11	85	MOTION to Compel Deposition by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 7/11/2011 (VB, ilcd) (Entered: 06/23/2011)
06/22/11	86	MEMORANDUM in Support re 85 MOTION to Compel filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (Attachments: # 1 Affidavit of Charles E Schaffer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order) (VB, ilcd) (Entered: 06/23/2011)
06/23/11	87	MOTION for Protective Order by Defendants IKO Industries Inc, IKO Industries, LTD, IKO Manufacturing, Inc., IKO Midwest Inc, IKO Production Inc. Responses due by 7/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (VB, ilcd) (Entered: 06/23/2011)
06/23/11		TEXT ORDER entered by Judge Harold A. Baker on 6/23/11. The plaintiffs have filed an emergency motion to compel deposition testimony or in the alternative to strike the defendants' expert reports 85 . The defendants have responded with a motion for entry of a protective order 87 . A conference will be held on Friday, June 24, 2011, at 9:00 a.m. by telephone conference call. Parties shall notify the court of who will take the call if possible. In the event that notification is not made to the court, the court will contact the attorneys whom were on the previous telephone conference. The court will initiate the call. (VB, ilcd) (Entered: 06/23/2011)
06/24/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 6/24/2011. Appearances for plaintiffs by Christopher Ellis, Jon Robinson, Shawn Wanta and Charles Schaffer. Appearance for defendants by Christopher Murphy. Discovery matters discussed. Plaintiffs' Motion to Compel 85 is granted. Defendants' Motion for Protective Order 87 is denied. (Court Reporter TJ) (KW, ilcd) (Entered: 06/24/2011)
08/30/11		Set/Reset Deadlines/Hearings as to 78 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 09:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
08/30/11		Reset Hearings as to 78 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 at 9:30 AM by personal appearance in Courtroom B in Urbana before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
09/09/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/9/11. The plaintiffs have filed four motions for leave to file [130, 131, 133, 136] and two motions to exclude expert testimony [134, 137]. These motions must also be e-filed in each individual case. The plaintiffs shall file each motion in each individual case within two business days of the date of this order.(KW, ilcd) (Entered: 09/09/2011)
09/12/11	88	MOTION for Leave to File Excess Pages of Plaintiffs' Response to Defendants' Motion to Exclude Plaintiffs' Expert by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	89	MOTION for Leave to File DVD Conventionally by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	90	MOTION for Leave to File Excess Pages of Plaintiffs' Brief in Support of Plaintiffs' Motion to Exclude Defendants' Expert Priest by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	91	MOTION to Exclude Defendants' Expert Priest by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	92	MOTION for Leave to File Excess Pages of Plaintiffs' Brief in Support of Plaintiffs' Motion to Exclude Defendants' Expert Ricketts by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	93	MOTION to Exclude Defendants' Expert Ricketts by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/14/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/14/11. The plaintiffs have filed a motion for leave to file excess pages in response to the defendants' motion to exclude experts 88 , a motion for leave to file conventionally an exhibit on DVD 89 , a motion for leave to file excess pages in support of their motion to exclude expert George Priest 90 , and a motion for leave to file excess pages in support of their motion to exclude expert John Ricketts 92 . These motions for leave to file [88, 89, 90, and 92] are granted. The clerk is directed to detach d/e 88-1 and file it as a response to d/e 78. The clerk is further directed to docket the DVD as a separate event entitled Exhibit C to the Memorandum in Opposition to Defendants Motion to Exclude the Plaintiff's Expert Testimony and retain the DVD in the clerk's office. The clerk is further directed to detach d/e 90-2 and file it as a memorandum in support of d/e 91. The clerk is further directed to detach d/e 92-1 and file it as a memorandum in support of d/e 93. (KW, ilcd) (Entered: 09/14/2011)
09/14/11	94	RESPONSE to Motion re MOTION to Exclude Plaintiffs' Expert's Testimony 78 filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (KW, ilcd) (Entered: 09/14/2011)
09/14/11	95	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Priest 91 filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (KW, ilcd) (Entered: 09/14/2011)
09/14/11	96	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Ricketts 93 filed by Plaintiffs Belinda Curler, Vincent Dion, David Greenough. (KW, ilcd) (Entered: 09/14/2011)
09/14/11		Exhibit C, DVD re Response to Motion 94 by Belinda Curler, Vincent Dion, David Greenough. The DVD is maintained in the Clerk's Office vault. (KW, ilcd) (Entered: 09/14/2011)
09/16/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/16/11. By request of counsel, Status Conference set for 9/20/2011 at 1:30 PM by telephone from Urbana to discuss the upcoming hearing dates (court will place call) before Judge Harold A. Baker. Parties to notify the Clerk's Office on who will participate at the conference call. (KW, ilcd) (Entered: 09/16/2011)
09/16/11	97	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 6/24/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5830. Transcript purchased by:Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 10/11/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011. (KW, ilcd) (Entered: 09/16/2011)
09/20/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/20/11. The court has been advised that the telephone status conference requested by the parties, now scheduled for September 20, 2011, at 1:30 p.m., is no longer needed. Consequently, the court vacates that status conference. (KW, ilcd) (Entered: 09/20/2011)
09/21/11		TEXT ORDER entered by Judge Harold A. Baker on 9/21/11. The parties are to e-file their joint proposed amended case management order on or before the close of business on Monday, September 26, 2011. Miscellaneous Deadline set of 9/26/2011. (VB, ilcd) (Entered: 09/21/2011)
09/28/11	98	CASE MANAGEMENT ORDER #7 Entered by Judge Harold A. Baker on 9/28/11. Defendants may respond to the plaintiffs' Daubert motion by Oct. 14, 2011. Defendants may file reply by 11/20/11. The Daubert Hearing set for 10/5/2011 is vacated and rescheduled to 12/1/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. Plaintiffs' motion and supporting memorandum for class certification is due by 1/5/2012. Defendants' response due by 2/6/2012. Replies due by 2/21/2012. Motion Hearing set for 3/8/2012 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written order. (KW, ilcd) (Entered: 09/29/2011)
11/16/11		TEXT ORDER entered by Judge Harold A. Baker on 11/16/2011. The courtroom deputy has informed the court of phone calls from counsel inquiring about the format of the Daubert hearing scheduled to begin at 9:00 a.m. on December 1, 2011. There are several motions to exclude the testimony and reports of certain witnesses designated as experts under Rule 26 [115, 134, 137]. The motions require a hearing under Fed. R. Evid. 104 and 702. The most effective way to resolve the motions is to have the court hear the testimony that is going to be offered. That format also affords the court the opportunity to ask questions of the witnesses, if that is necessary. In that way, the court can most effectively apply the analysis required by Daubert. See also American Honda Motor Co., Inc. v. Allen, 600 F.3d 813 (7th Cir. 2010). Case Management Order #7 148 clearly states that on December 1, 2011, "the court will hear all evidence and argument pertaining to the parties' experts. The parties shall have all experts appear personally before the court at that date and time." In addition, the courtroom deputy has informed counsel for defendants that if there is a motion to exclude the witness and the party who is tendering the witness as an expert wants the court to allow the expert to testify at the trial, then the party proffering the witness as an expert must have the witness at the December 1, 2011, hearing or the witness will be barred from testifying.(SP, ilcd) (Entered: 11/16/2011)
12/01/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion Hearing held on 12/1/2011 re 78 MOTION to Exclude Plaintiffs' Expert's Testimony, 91 MOTION to Exclude Defendants' Expert Priest, and 93 MOTION to Exclude Defendants' Expert Ricketts. Appearances for plaintiffs by Jon Robinson, Christopher Ellis, Charles Schaffer, Robert Shelquist, Clayton Halunen, Shawn Wanta. Appearances for defendants by Steven Handler, Christopher Murphy, Zoya Arora and Daniel Pope. Evidence for plaintiffs. Expert witness, Dean Rutila, sworn; testimony heard. Evidence for defendants. Expert witness, George Priest, sworn; testimony heard. Court in recess until 9:30 am on 12/2/2011. (Court Reporter TJ) (SP, ilcd) (Entered: 12/02/2011)
12/02/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion (Daubert) Hearing continued on 12/2/2011; same appearances. 91 Motion to Exclude Defendants' Expert Priest is denied without prejudice and with leave to renew. Evidence for defendants. Expert witness, John William Ricketts, sworn; testimony heard. Exhibits from 12/1/2011 and 12/2/2011 marked and tendered to the court. Motions 78 and 93 taken under advisement. (Court Reporter TJ) (SP, ilcd) (Entered: 12/05/2011)
12/02/11	99	Exhibit List for Plaintiffs' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/02/11	100	Exhibit List for Defendants' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/07/11		TEXT ORDER entered by Judge Harold A. Baker on 12/7/2011. All exhibits submitted to the court to support the parties' offer of proof are received for the purposes of the motions. To assist the court in preserving the record, counsel shall notify the court whether all marked exhibits are to be considered, whether displayed at the hearing or not.(SP, ilcd) (Entered: 12/07/2011)

hide docket

10-cv-02255 11/09/10 Pauly v. IKO Manufacturing, Inc., et al.

Date Filed	No.	Docket Text
10/07/10	1	COMPLAINT filed by Christopher Pauly; Jury Demand. Filing fee $ 350, receipt number 0752-5298176. (Attachments: # 1 Exhibit Exhibits A through E)(Ellis, Christopher) (Entered: 10/07/2010)
10/07/10	2	CIVIL Cover Sheet (Ellis, Christopher) (Entered: 10/07/2010)
10/08/10		CASE ASSIGNED to the Honorable David H. Coar. Designated as Magistrate Judge the Honorable Maria Valdez. (nsf, ) (Entered: 10/08/2010)
11/08/10	3	CONDITIONAL TRANSFER ORDER from the MDL Panel transferring case to the Central District of Illinois, Urbana Division. (ber, ) (Entered: 11/08/2010)
11/08/10	4	TRANSFERRED to the USDC Central District of Illinois, Urbana Division the electronic record. (ber, ) (Entered: 11/08/2010)
11/08/10	5	Case transferred in from District of Illinois Northern; Case Number 1:10-cv-06451. and certified copy of transfer order and docket sheet received. Modified on 11/9/2010 to correct filing date from 11/9/10 to 11/8/10 (VB, ilcd). (Entered: 11/09/2010)
11/09/10		TEXT ORDER entered by Judge Harold A. Baker on 11/9/10. The parties have informed the court that they have nothing to present for discussion at the telephone status conference scheduled for Friday, November 12, 2010. The next status conference is scheduled for Friday, December 10, 2010, at 8:30 a.m. by telephone conference call. The court will initiate the call. As of the last status conference, the plaintiffs' motion to compel 81 was pending; the parties were attempting to work out this dispute on their own. When the issue was resolved, the plaintiffs were to file a motion to withdraw the motion to compel. The plaintiffs have not yet done so. If the matter is now resolved, the plaintiffs must file, forthwith, a motion to withdraw the motion to compel. Otherwise, the parties shall place it on the agenda for the December 10, 2010, telephone status conference. (VB, ilcd) (Entered: 11/09/2010)
11/24/10	6	NOTICE of Appearance of Attorney by Eric D Holland on behalf of Christopher Pauly (VB, ilcd) (Entered: 11/24/2010)
12/10/10		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance by Attorneys Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for plaintiffs. Appearance of Attorneys Christopher Murphy, Daniel Pope for defendants. Status Conference held. Plaintiffs wish to amend complaint. Defendant objects to the amended complaint. Arguments heard. Plaintiff is directed to file a motion to amend complaint. Further Status Conference set for 1/14/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (Court Reporter T J) (VB, ilcd) (Entered: 12/10/2010)
12/30/10	7	MOTION to Consolidate Complaints, MOTION to Amend Third Amended Consolidated Complaint by Plaintiff Christopher Pauly. Responses due by 1/18/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order Leave to Amend, # 4 Text of Proposed Order Leave to Consolidate) (VB, ilcd) (Entered: 01/12/2011)
12/30/10	8	MEMORANDUM in Support re 7 MOTION to Consolidate Complaint, MOTION to Amend Third Amended Consolidated Complaint filed by Plaintiff Christopher Pauly. (VB, ilcd) Modified on 1/12/2011 to change the filing date from 1/12/11 to 12/30/10 (VB, ilcd). (Entered: 01/12/2011)
01/05/11	9	MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents by Defendants IKO Industries, Ltd., IKO Midwest Inc., IKO Production Inc, Iko Industries Inc., Iko Manufacturing Inc. Responses due by 1/24/2011 (VB, ilcd) (Entered: 01/12/2011)
01/05/11	10	MEMORANDUM in Support re 9 MOTION to Compel Production of Documents or, Alternatively, Exclude Plaintiffs From Using Such Documents filed by Defendants IKO Industries, Ltd., IKO Midwest Inc., IKO Production Inc, Iko Industries Inc., Iko Manufacturing Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (VB, ilcd) (Entered: 01/12/2011)
01/11/11	11	NOTICE OF FILING OFFICIAL TRANSCRIPT of Conference Call Proceedings held on 10/15/2010, before Judge Harold A Baker. Court Reporter/Transcriber T J, Telephone number 217-373-5835. Transcript purchased by:Jon Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 2/4/2011. Redacted Transcript Deadline set for 2/14/2011. Release of Transcript Restriction set for 4/14/2011. (VB, ilcd) (Entered: 01/12/2011)
01/13/11	12	MOTION to Extend Case Schedule by One Month by Defendants IKO Industries, Ltd., IKO Midwest Inc., IKO Production Inc, Iko Industries Inc.,, Iko Manufacturing Inc. Responses due by 1/31/2011 (VB, ilcd) (Entered: 01/18/2011)
01/14/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorney Jon Robinson, Charles Schaffer, Shawn Wanta, Clayton Halunen for Plaintiffs. Appearance of Attorneys Christopher Murphy, Dan Pope for Defendants. Telephone Status Conference held. Status of case discussed. Case Management Order to be entered. Telephone Status Conference set for 2/11/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. Court Reporter T J.) (VB, ilcd) Modified on 1/18/2011 to correct appearances of Attorneys (VB, ilcd). (Entered: 01/15/2011)
01/18/11	13	CASE MANAGEMENT ORDER #5 entered by Judge Harold A. Baker on 1/18/11 granting 7 Motion to Consolidate Cases; granting 7 Motion to Amend/Correct; granting 9 Motion to Compel; The plaintiffs are ordered to produce all such documents no later than January 24, 2011; granting 12 Motion to Extend Case Schedule by One Month. A status conference is scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. An agenda for the conference shall be submitted to chambers email no later than February 9, 2011. See written Order. (VB, ilcd) (Main Document 13 replaced on 1/18/2011) (VB, ilcd). (Entered: 01/18/2011)
02/04/11		TEXT ORDER entered by Judge Harold A. Baker on 2/3/11. The status conference now scheduled for February 11, 2011, at 8:30 a.m. Central Standard Time, by telephone conference call, is vacated and rescheduled for one hour later on the same day, February 11, 2011, at 9:30 a.m. Central Standard Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/04/2011)
02/08/11	14	ANSWER to Complaint AND AFFIRMATIVE DEFENSES by Iko Manufacturing Inc.,.(Murphy, Christopher) (Entered: 02/08/2011)
02/08/11	15	ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by Iko Industries Inc.,.(Murphy, Christopher) (Entered: 02/08/2011)
02/08/11	16	ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by IKO Industries, Ltd..(Murphy, Christopher) (Entered: 02/08/2011)
02/08/11	17	ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by IKO Midwest Inc..(Murphy, Christopher) (Entered: 02/08/2011)
02/08/11	18	ANSWER to 1 Complaint AND AFFIRMATIVE DEFENSES by IKO Production Inc.(Murphy, Christopher) (Entered: 02/08/2011)
02/10/11		TEXT ORDER entered by Judge Harold A. Baker on 2/10/11. The parties report that they have nothing to present for discussion at the status conference now set for Friday, February 11, 2011, at 9:30 a.m. Consequently, that status conference is vacated. The next status conference will be held on March 11, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 02/10/2011)
02/24/11	19	(WITHDRAWN) MOTION to Compel Production of Documents by Plaintiff Christopher Pauly. Responses due by 3/14/2011 (VB, ilcd) Modified on 3/11/2011 to reflect that pursuant to Text Order entered 3/10/11, this document is withdrawn (VB, ilcd). (Entered: 03/09/2011)
02/24/11	20	MEMORANDUM in Support re 19 MOTION to Compel Production of Documents filed by Plaintiff Christopher Pauly. (VB, ilcd) (Entered: 03/09/2011)
03/09/11		TEXT ORDER entered by Judge Harold A. Baker on 3/9/11. The parties have notified the court that they have no agenda items for the telephone status conference now scheduled for Friday, March 11, at 8:30 a.m. However, the plaintiffs have filed a motion to compel production of documents. That motion 19 is pending. If the parties have resolved the matter, the plaintiffs should file a motion to withdraw the motion to compel. If the matter is unresolved, the telephone status conference will be held as scheduled, and the plaintiffs' counsel must notify the court no later than March 10, 2011, at 4:00 p.m. of the telephone numbers at which the attorneys who will participate in the conference can be reached. (VB, ilcd) (Entered: 03/09/2011)
03/10/11		TEXT ORDER entered by Judge Harold A. Baker on 3/10/11. On February 24, 2011, the plaintiffs filed a motion to compel production of documents. They have now filed a notice of withdrawal 114 of the motion to compel in 09-md-2104. Therefore, the motion to compel 19 is withdrawn. The telephone status conference now scheduled for Friday, March 11, 2011, at 8:30 a.m. is vacated. The next status conference is scheduled for Friday, April 8, 2011, at 8:30 a.m. by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 03/10/2011)
04/06/11		TEXT ORDER entered by Judge Harold A. Baker on 4/6/11. The parties have informed the court that they have no items to present for discussion at the telephone status conference now scheduled for April 8, 2011. Consequently, that status conference is vacated and rescheduled for Friday, May 20, 2011, at 8:30 a.m. Central Time, by telephone conference call. The court will initiate the call. (VB, ilcd) (Entered: 04/06/2011)
05/16/11	21	MOTION to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries, Ltd., IKO Midwest Inc., IKO Production Inc, Iko Industries Inc.,, Iko Manufacturing Inc. Responses due by 6/3/2011 (Attachments: # 1 Exhibit 1) (VB, ilcd) (Entered: 05/17/2011)
05/16/11	22	MOTION for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony by Defendants IKO Industries, Ltd., IKO Midwest Inc., IKO Production Inc, Iko Industries Inc., Iko Manufacturing Inc. Responses due by 6/3/2011 (VB, ilcd) (Entered: 05/17/2011)
05/16/11	23	MEMORANDUM in Support re 21 MOTION to Exclude Plaintiffs' Expert's Testimony filed by Defendants IKO Industries, Ltd., IKO Midwest Inc., IKO Production Inc, Iko Industries Inc.,, Iko Manufacturing Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit A - Appendix A-F, # 3 Exhibit A - Appendix G - Part 1, # 4 Exhibit A - Appendix G - Part 2, # 5 Exhibit A - Appendix H-I, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K, # 15 Exhibit L, # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O) (VB, ilcd) (Entered: 05/17/2011)
05/16/11	24	+++ SEALED DOCUMENT.. (Attachments: # 1 Exhibit F - Part 2, # 2 Exhibit F - Part 3, # 3 Exhibit F - Part 4, # 4 Exhibit F - Part 5, # 5 Exhibit F - Part 6, # 6 Exhibit F - Part 7, # 7 Exhibit F - Part 8, # 8 Exhibit F - Part 9, # 9 Exhibit F - Appendix 04, # 10 Exhibit F - Appendix 07, # 11 Exhibit F - Appendix 09, # 12 Exhibit F - Appendix 10, # 13 Exhibit F - Appendix 14, # 14 Exhibit F - Appendix 19, # 15 Exhibit F - Appendix 26, # 16 Exhibit F -Appendix 27, # 17 Exhibit F - Appendix 29, # 18 Exhibit F - Appendix 30) (VB, ilcd) (Entered: 05/17/2011)
05/18/11		TEXT ORDER entered by Judge Harold A. Baker on 5/18/11. Due to a conflict in the Court's calendar, the status conference call scheduled for 5/20/11 at 8:30a.m. has been rescheduled to 5/24/11 at 8:30 a.m. The Court will initiate the call. (VB, ilcd) (Entered: 05/18/2011)
05/24/11		Minute Entry for proceedings held before Judge Harold A. Baker. Appearance of Attorneys Jon Robinson and Charles Schaffer for Plaintiffs. Appearance of Attorney Christopher Murphy for Defendants. Status Conference held. Discussion with Counsel held. Scheduling Order to be submitted to Counsel. Court is granting 22 Defendants' Motion for Leave to File, Instanter, an Oversized Brief in Support of Motion to Exclude Plaintiffs' Expert's Testimony. (Court Reporter T J) (VB, ilcd) Modified on 5/24/2011 to correct which Attorneys were present (VB, ilcd). (Entered: 05/24/2011)
05/24/11	25	COURT'S SUGGESTED SCHEDULING ORDER entered by Judge Harold A. Baker on 5/24/11. July 20, 2011, plaintiffs finish taking the depositions of defendants' four identified expert witnesses; August 31, 2011, plaintiffs respond to the defendants' pending Daubert motion; October 5, 2011, 9:30 a.m. Daubert hearing by personal appearance before the court in Urbana; The court will try to rule on the Daubert motion by October 7, 2011. November 1, 2011, plaintiffs' class certification is due; November 30, 2011, defendants' response to the class certification is due; December 15, 2011, oral argument on class certification by personal appearance before the court in Urbana. See written Order. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. Telephone Status Conference is scheduled for 5/26/2011 at 8:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (VB, ilcd) (Entered: 05/25/2011)
05/25/11		TEXT ORDER entered by Judge Harold A. Baker on 5/25/11. By request of Attorney Murphy, the Telephone Status Conference scheduled for 5/26/11 at 8:30 AM has been changed to 5/27/11 at 8:30 AM. The Court will place the call. (VB, ilcd) (Entered: 05/25/2011)
05/27/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 5/27/2011. Appearances for plaintiffs by Jon Robinson and Charles Schaffer. Appearances for defendants by Christopher Murphy, Michael Pope and Daniel Pope. Discussion held on discovery. Scheduling order to be entered. (Court Reporter TJ) (KW, ilcd) (Entered: 05/27/2011)
05/27/11	26	COURT'S SCHEDULING ORDER Entered by Judge Harold A. Baker on 5/27/11. Daubert Hearing set for 10/5/2011 at 9:30 AM in Courtroom B in Urbana before Judge Harold A. Baker. Class Certification Hearing set for 12/15/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See scheduling order. (KW, ilcd) (Entered: 05/27/2011)
06/21/11	27	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 5/27/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Chris Murphy & Michael Pope. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 7/15/2011. Redacted Transcript Deadline set for 7/25/2011. Release of Transcript Restriction set for 9/22/2011. (KW, ilcd) (Entered: 06/21/2011)
06/22/11	28	MOTION to Compel by Plaintiff Christopher Pauly. Responses due by 7/11/2011 (VB, ilcd) (Entered: 06/23/2011)
06/22/11	29	MEMORANDUM in Support re 28 MOTION to Compel Deposition filed by Plaintiff Christopher Pauly. (Attachments: # 1 Affidavit of Charles E Schaffer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order) (VB, ilcd) (Entered: 06/23/2011)
06/23/11	30	MOTION for Protective Order by Defendants IKO Industries, Ltd., IKO Midwest Inc., IKO Production Inc, Iko Industries Inc.,, Iko Manufacturing Inc.,. Responses due by 7/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (VB, ilcd) (Entered: 06/23/2011)
06/23/11		TEXT ORDER entered by Judge Harold A. Baker on 6/23/11. The plaintiffs have filed an emergency motion to compel deposition testimony or in the alternative to strike the defendants' expert reports 28 . The defendants have responded with a motion for entry of a protective order 30 . A conference will be held on Friday, June 24, 2011, at 9:00 a.m. by telephone conference call. Parties shall notify the court of who will take the call if possible. In the event that notification is not made to the court, the court will contact the attorneys whom were on the previous telephone conference. The court will initiate the call. (VB, ilcd) (Entered: 06/23/2011)
06/24/11		Minute Entry for proceedings held before Judge Harold A. Baker: Status Conference held on 6/24/2011. Appearances for plaintiffs by Christopher Ellis, Jon Robinson, Shawn Wanta and Charles Schaffer. Appearance for defendants by Christopher Murphy. Discovery matters discussed. Plaintiffs' Motion to Compel 28 is granted. denying 30 Defendants' Motion for Protective Order 30 is denied. (Court Reporter TJ) (KW, ilcd) (Entered: 06/24/2011)
08/30/11		Set/Reset Deadlines/Hearings as to 21 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 09:30 AM by telephone from Urbana (court will place call) before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
08/30/11		Reset Hearing as to 21 MOTION to Exclude Plaintiffs' Expert's Testimony. Motion Hearing set for 10/5/2011 at 9:30 AM by personal appearance in Courtroom B in Urbana before Judge Harold A. Baker. (KW, ilcd) (Entered: 08/30/2011)
09/09/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/9/11. The plaintiffs have filed four motions for leave to file [130, 131, 133, 136] and two motions to exclude expert testimony [134, 137]. These motions must also be e-filed in each individual case. The plaintiffs shall file each motion in each individual case within two business days of the date of this order. (KW, ilcd) (Entered: 09/09/2011)
09/12/11	31	MOTION for Leave to File Excess Pages of Plaintiffs' Response to Defendants' Motion to Exclude Plaintiffs' Expert by Plaintiff Christopher Pauly. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	32	MOTION for Leave to File DVD Conventionally by Plaintiff Christopher Pauly. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	33	MOTION for Leave to File Excess Pages of Plaintiffs' Brief in Support of Plaintiffs' Motion to Exclude Defendants' Expert Priest by Plaintiff Christopher Pauly. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	34	MOTION to Exclude Defendants' Expert Priest by Plaintiff Christopher Pauly. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/12/11	35	MOTION for Leave to File Excess Pages of Plaintiffs' Brief in Support of Plaintiffs' Motion to Exclude Defendants' Expert Ricketts by Plaintiff Christopher Pauly. Responses due by 9/29/2011 (Attachments: # 1 Exhibit A)(Robinson, Jon) (Entered: 09/12/2011)
09/12/11	36	MOTION to Exclude Defendants' Expert Ricketts by Plaintiff Christopher Pauly. Responses due by 9/29/2011 (Robinson, Jon) (Entered: 09/12/2011)
09/14/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/14/11. The plaintiffs have filed a motion for leave to file excess pages in response to the defendants' motion to exclude experts 31 , a motion for leave to file conventionally an exhibit on DVD 32 , a motion for leave to file excess pages in support of their motion to exclude expert George Priest 33 , and a motion for leave to file excess pages in support of their motion to exclude expert John Ricketts 35 . These motions for leave to file [31, 32, 33,and 35] are granted. The clerk is directed to detach d/e 31-1 and file it as a response to d/e 21. The clerk is further directed to docket the DVD as a separate event entitled Exhibit C to the Memorandum in Opposition to Defendants Motion to Exclude the Plaintiff's Expert Testimony and retain the DVD in the clerk's office. The clerk is further directed to detach d/e 33-2 and file it as a memorandum in support of d/e 34. The clerk is further directed to detach d/e 35-1 and file it as a memorandum in support of d/e 36. (KW, ilcd) (Entered: 09/14/2011)
09/14/11	37	RESPONSE to Motion re MOTION to Exclude Plaintiffs' Expert's Testimony 21 filed by Plaintiff Christopher Pauly. (KW, ilcd) (Entered: 09/14/2011)
09/14/11	38	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Priest 34 filed by Plaintiff Christopher Pauly. (KW, ilcd) (Entered: 09/14/2011)
09/14/11	39	MEMORANDUM in Support re MOTION to Exclude Defendants' Expert Ricketts 36 filed by Plaintiff Christopher Pauly. (KW, ilcd) (Entered: 09/14/2011)
09/14/11		Exhibit C, DVD re Response to Motion 37 by Christopher Pauly. The DVD is maintained in the Clerk's Office vault. (KW, ilcd) (Entered: 09/14/2011)
09/16/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/16/11. By request of counsel, Status Conference set for 9/20/2011 at 1:30 PM by telephone from Urbana to discuss the upcoming hearing dates (court will place call) before Judge Harold A. Baker. Parties are to notify the Clerk's Office on who will participate at the conference call. (KW, ilcd) (Entered: 09/16/2011)
09/16/11	40	NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 6/24/11, before Judge Baker. Court Reporter/Transcriber TJ, Telephone number 217-373-5835. Transcript purchased by:Robinson. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court 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 10/11/2011. Redacted Transcript Deadline set for 10/20/2011. Release of Transcript Restriction set for 12/19/2011. (KW, ilcd) (Entered: 09/16/2011)
09/20/11		TEXT ORDER Entered by Judge Harold A. Baker on 9/20/11. The court has been advised that the telephone status conference requested by the parties, now scheduled for September 20, 2011, at 1:30 p.m., is no longer needed. Consequently, the court vacates that status conference. (KW, ilcd) (Entered: 09/20/2011)
09/21/11		TEXT ORDER entered by Judge Harold A. Baker on 9/21/11. The parties are to e-file their joint proposed amended case management order on or before the close of business on Monday, September 26, 2011. Miscellaneous Deadline set of 9/21/2011. (VB, ilcd) (Entered: 09/21/2011)
09/29/11	41	CASE MANAGEMENT ORDER #7 Entered by Judge Harold A. Baker on 9/28/11. Defendants may respond to the plaintiffs' Daubert motion by Oct. 14, 2011. Defendants may file reply by 11/20/11. The Daubert Hearing set for 10/5/2011 is vacated and rescheduled to 12/1/2011 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. Plaintiffs' motion and supporting memorandum for class certification is due by 1/5/2012. Defendants' response due by 2/6/2012. Replies due by 2/21/2012. Motion Hearing set for 3/8/2012 at 9:00 AM in Courtroom B in Urbana before Judge Harold A. Baker. See written order.(KW, ilcd) (Entered: 09/29/2011)
11/16/11		TEXT ORDER entered by Judge Harold A. Baker on 11/16/2011. The courtroom deputy has informed the court of phone calls from counsel inquiring about the format of the Daubert hearing scheduled to begin at 9:00 a.m. on December 1, 2011. There are several motions to exclude the testimony and reports of certain witnesses designated as experts under Rule 26 [115, 134, 137]. The motions require a hearing under Fed. R. Evid. 104 and 702. The most effective way to resolve the motions is to have the court hear the testimony that is going to be offered. That format also affords the court the opportunity to ask questions of the witnesses, if that is necessary. In that way, the court can most effectively apply the analysis required by Daubert. See also American Honda Motor Co., Inc. v. Allen, 600 F.3d 813 (7th Cir. 2010). Case Management Order #7 148 clearly states that on December 1, 2011, "the court will hear all evidence and argument pertaining to the parties' experts. The parties shall have all experts appear personally before the court at that date and time." In addition, the courtroom deputy has informed counsel for defendants that if there is a motion to exclude the witness and the party who is tendering the witness as an expert wants the court to allow the expert to testify at the trial, then the party proffering the witness as an expert must have the witness at the December 1, 2011, hearing or the witness will be barred from testifying.(SP, ilcd) (Entered: 11/16/2011)
12/01/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion Hearing held on 12/1/2011 re 21 MOTION to Exclude Plaintiffs' Expert's Testimony, 34 MOTION to Exclude Defendants' Expert Priest, and 36 MOTION to Exclude Defendants' Expert Ricketts. Appearances for plaintiffs by Jon Robinson, Christopher Ellis, Charles Schaffer, Robert Shelquist, Clayton Halunen, Shawn Wanta. Appearances for defendants by Steven Handler, Christopher Murphy, Zoya Arora and Daniel Pope. Evidence for plaintiffs. Expert witness, Dean Rutila, sworn; testimony heard. Evidence for defendants. Expert witness, George Priest, sworn; testimony heard. Court in recess until 9:30 am on 12/2/2011. (Court Reporter TJ) (SP, ilcd) (Entered: 12/02/2011)
12/02/11		Minute Entry for proceedings held before Judge Harold A. Baker: Motion (Daubert) Hearing continued on 12/2/2011; same appearances. 34 MOTION to Exclude Defendants' Expert Priest is denied without prejudice and with leave to renew. Evidence for defendants. Expert witness, John William Ricketts, sworn; testimony heard. Exhibits from 12/1/2011 and 12/2/2011 marked and tendered to the court. Motions 21 and 36 taken under advisement. (Court Reporter TJ) (SP, ilcd) (Entered: 12/05/2011)
12/02/11	42	Exhibit List for Plaintiffs' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/02/11	43	Exhibit List for Defendants' exhibits tendered at Daubert hearing on 12/1/2011 and 12/2/2011. (SP, ilcd) (Entered: 12/07/2011)
12/07/11		TEXT ORDER entered by Judge Harold A. Baker on 12/7/2011. All exhibits submitted to the court to support the parties' offer of proof are received for the purposes of the motions. To assist the court in preserving the record, counsel shall notify the court whether all marked exhibits are to be considered, whether displayed at the hearing or not.(SP, ilcd) (Entered: 12/07/2011)

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