2022-cv-07204

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice.

MOTION by Plaintiffs Matthew Comer, Daniel Ross, Nicole Ross to amend/correct the Complaint to add Defendant D & N Leasing, LLC a/k/a DN Leasing, LLC

MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiffs' motion for leave to file Amended Complaint at Law [19] to addDefendant, D & N Leasing, LLC a/k/a DN LEASING, LLC is granted. Mailed notice.

Plaintiffs' First AMENDED complaint by Daniel Ross, Nicole Ross, Matthew Comer against All Defendants adding D & N Leasing, LLC aka DN Leasing, LLC

Summons

MOTION by Defendants Lester Carl Davis, Westar Refrigerated Transportation, Inc. to substitute attorney

MINUTE entry before the Honorable Elaine E. Bucklo: Unopposed motion to substitute attorney [23] is granted. Attorney Mark O'Danovich is added as counsel and attorney Kingshuk Roy is terminated. Motion hearing date of 3/1/2023 is stricken. The scheduling conference set for 3/14/2023 is stricken and reset to 4/18/2023 at 9:45 a.m. (for tracking purposes only; no appearance required). Joint Rule 26(f) planning report is due 4/11/2023. (The form of the report can be found on Judge Bucklo's web page at www.ilnd.uscourts.gov.) The court will set a schedule based on the report. Mailed notice

MOTION by Defendant Lester Carl Davis to stay Civil Proceedings Pending Resolution of Criminal Proceedings

Exhibit Exhibit A - Charging Document

MINUTE entry before the Honorable Elaine E. Bucklo: Defendant Lester Carl Davis' (unopposed) motion to stay civil proceedings pending resolution of criminal proceedings [31] is granted. This case is stayed until further order of the court. Pursuant to report of parties' planning meeting. Defendant D & N Leasing, LLC a/k/a DN Leasing, LLC is directed to retain and attorney a file an attorney appearance bu 5/3/2023. Written discovery to continue as to Defendants Westar and D&N Leasing. Parties to comply with FRCP 26(a)(1) by 6/12/2023. Scheduling Conference is stricken. Status hearing set for 6/20/2023 at 9:45 a.m. (to track the case only, no appearance is required). The parties shall file a joint written status report by 6/13/2023, to report on an agreed discovery deadline, settlement discussions, and include agreed dispositive motion briefing schedule. The court will enter a scheduling order in response to the status report. Mailed notice.

MOTION by Defendant D & N Leasing, LLC to dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6)

Exhibit Plaintiffs' Amended Complaint

Exhibit Affidavit of Adam Young

Exhibit Lease Agreement

Order on Motion to Dismiss

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice.

MOTION by Respondent Coyote Logistics, LLC for extension of time to respond to Plaintiffs' subpoena for documents

AGREED ORDER. Signed by the Honorable Jeremy C. Daniel on 4/23/2024. Coyote Logistics, LLC's motion for an extension of time to respond to plaintiff's subpoena [60] is granted. The response is due on or before 5/7/2024. The motion hearing is stricken. Mailed notice

STIPULATED CONFIDENTIALIY AGREEMENT. Signed by the Honorable Jeremy C. Daniel on 5/3/2024. Mailed notice

MOTION by Plaintiff Daniel Ross for leave to file Second Amended Complaint and to Substitute Special Representative

MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Ross and Comer Plaintiff's motion to substitute special representative and file second amended complaint [65] is granted. Defendants' shall answer the second amended complaint on or before 6/24/2024. The plaintiff shall submit a proposed order concerning the special representative to proposed_order_daniel@ilnd.uscourts.gov in Word format. Mailed notice

Second AMENDED complaint by Daniel Ross against All Defendants

MOTION by Defendant D & N Leasing, LLC to amend/correct D&N Leasing's Amended Motion to Dismiss Plaintiff's Second Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6)

MINUTE entry before the Honorable Jeremy C. Daniel: In light of the second amended complaint [68], the motion to dismiss the (first) amended complaint [34] is denied as moot. Mailed notice

MOTION by Defendant Coyote Logistics, LLC to dismiss (Coyote Logistics' Motion to Dismiss Plaintiff's Second Amended Complaint)

MOTION by Defendant Westar Refrigerated Transportation, Inc. for extension of time to file answer Motion for Extension of Time to File Responsive Pleading to Plaintiffs' Second Amended Complaint

MINUTE entry before the Honorable Jeremy C. Daniel: Defendant Westar's motion for an extension of time [73] is granted. Defendant Westar shall answer or otherwise plead on or before July 8, 2024. The motion hearing is stricken. Mailed notice

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Anheuser-Busch Companies, LLC, Anheuser-Busch, LLC (Defendants, Anheuser-Busch, LLC's and Anheuser-Busch Companies, LLC's, Motion to Dismiss Plaintiffs' Second Amended Complaint)

MOTION by Defendants Lester Carl Davis, Westar Refrigerated Transportation, Inc. to dismiss Counts VI, VII, VIII, IX, X, and XIX of Plaintiffs' Second Amended Complaint

MOTION by Plaintiff Daniel Ross to remand

MINUTE entry before the Honorable Georgia N Alexakis: For the reasons set forth in the accompanying order, plaintiffs' joint motion to remand this case to the Circuit Court of Cook County, Illinois, is granted. [89]. Defendants' motions to dismiss are denied as moot. [69], [72], [81], [86]. The Clerk is instructed to remand this case to the Circuit Court of Cook County pursuant to 28 U.S.C. � 1447(e).Civil case terminated.

ORDER Signed by the Honorable Georgia N Alexakis on 11/13/24.