| Date Filed | Doc # | Docket Text |
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| 2017-08-11 | 1 | NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2017CH 09323) filed by Zayo Group, LLC Filing fee $ 400, receipt number 0752-13470292. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Strubbe, Joseph) (Entered: 08/11/2017) |
| 2017-08-11 | 2 | CIVIL Cover Sheet (Strubbe, Joseph) (Entered: 08/11/2017) |
| 2017-08-11 | 3 | ATTORNEY Appearance for Defendant Zayo Group, LLC by Joseph A. Strubbe (Strubbe, Joseph) (Entered: 08/11/2017) |
| 2017-08-11 | 4 | ATTORNEY Appearance for Defendant Zayo Group, LLC by Frederic T. Knape (Knape, Frederic) (Entered: 08/11/2017) |
| 2017-08-11 | | CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (meg, ) (Entered: 08/11/2017) |
| 2017-08-14 | 5 | NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in the attached Notice which includes the MIDP Standing Order. Also attached is a checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ph, ) (Entered: 08/14/2017) |
| 2017-08-14 | 6 | MOTION by Defendant Zayo Group, LLC for extension of time to file answer (AGREED) (Strubbe, Joseph) (Entered: 08/14/2017) |
| 2017-08-14 | 7 | NOTICE of Motion by Joseph A. Strubbe for presentment of motion for extension of time to file answer 6 before Honorable Sharon Johnson Coleman on 8/22/2017 at 08:45 AM. (Strubbe, Joseph) (Entered: 08/14/2017) |
| 2017-08-14 | 8 | EMAILED notice of removal letter to counsel of record. (ph, ) (Entered: 08/14/2017) |
| 2017-08-21 | 9 | MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant's agreed motion for extension of time 6 is granted. Responsive pleading is due 9/18/2017. No further extensions will be permitted. The parties are reminded that responsive pleadings must comply with section A(3) of this Court's Standing Order Regarding the Mandatory Initial Discovery Pilot Project. No appearance necessary on 8/22/2017. Status hearing set for 9/29/2017 at 9:00 AM. The parties are directed to meet and discuss the status of the case. The parties are to file a joint status report in the format described on the court's website at www.ilnd.uscourts.gov at least 3 business days prior to the status. The parties are directed to discuss settlement, and whether they consent to proceed before the Magistrate Judge. The Court encourages the parties to review this court's website for its standing orders prior to contacting chambers. Mailed notice (rth) (Entered: 08/21/2017) |
| 2017-09-18 | 10 | MOTION by Defendant Zayo Group, LLC To Dismiss or, Alternatively, To Strike (Strubbe, Joseph) (Entered: 09/18/2017) |
| 2017-09-18 | 11 | MEMORANDUM by Zayo Group, LLC in support of motion for miscellaneous relief 10 (Attachments: # 1 Group Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Strubbe, Joseph) (Entered: 09/18/2017) |
| 2017-09-18 | 12 | NOTICE of Motion by Joseph A. Strubbe for presentment of motion for miscellaneous relief 10 before Honorable Sharon Johnson Coleman on 9/26/2017 at 08:45 AM. (Strubbe, Joseph) (Entered: 09/18/2017) |
| 2017-09-18 | 13 | ANSWER to Complaint and Affirmative Defenses by Zayo Group, LLC(Strubbe, Joseph) (Entered: 09/18/2017) |
| 2017-09-26 | 14 | STATUS Report Joint Initial Status Report by Denis Zhirovetskiy (Gerbie, David) (Entered: 09/26/2017) |
| 2017-09-26 | 15 | MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 9/26/2017. On defendant's motion to dismiss 10 , response due by 10/31/2017. Reply due by 11/14/2017. Status hearing set to 9/29/2017 is hereby stricken. Any further dates will be set forth in the ruling. Mailed notice (rth) (Entered: 09/27/2017) |
| 2017-10-10 | 16 | First AMENDED complaint by Denis Zhirovetskiy against Zayo Group, LLC (Gerbie, David) (Entered: 10/10/2017) |
| 2017-10-18 | 17 | NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Defendant Zayo Group, LLC. (Strubbe, Joseph) (Entered: 10/18/2017) |
| 2017-10-18 | 18 | NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) , filed by Plaintiff Denis Zhirovetskiy. (Gerbie, David) (Entered: 10/18/2017) |
| 2017-10-19 | 19 | MOTION by Defendant Zayo Group, LLC for extension of time to file answer to First Amended Complaint (Strubbe, Joseph) (Entered: 10/19/2017) |
| 2017-10-19 | 20 | NOTICE of Motion by Joseph A. Strubbe for presentment of motion for extension of time to file answer 19 before Honorable Sharon Johnson Coleman on 10/24/2017 at 08:45 AM. (Strubbe, Joseph) (Entered: 10/19/2017) |
| 2017-10-23 | 21 | ATTORNEY Appearance for Defendant Zayo Group, LLC by Zachary J Watters (Watters, Zachary) (Entered: 10/23/2017) |
| 2017-10-24 | 22 | MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 10/24/2017. Defendant's motion for extension of time to answer first amended complaint 19 is granted. Answer due by 11/14/2017. Status hearing set for 11/17/2017 at 09:00 AM. Joint status report to be filed prior to the next hearing in compliance with the MIDP. Mailed notice (rth) (Entered: 10/27/2017) |
| 2017-11-13 | 23 | MOTION by Defendant Zayo Group, LLC to strike amended complaint 16 Paragraphs Eleven and Forty-Three of the Amended Class Action Complaint (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Strubbe, Joseph) (Entered: 11/13/2017) |
| 2017-11-13 | 24 | NOTICE of Motion by Joseph A. Strubbe for presentment of motion to strike 23 before Honorable Sharon Johnson Coleman on 11/21/2017 at 08:45 AM. (Strubbe, Joseph) (Entered: 11/13/2017) |
| 2017-11-14 | 25 | MOTION by Defendant Zayo Group, LLC To Dismiss Or, Alternatively, To Strike (Strubbe, Joseph) (Entered: 11/14/2017) |
| 2017-11-14 | 26 | MEMORANDUM by Zayo Group, LLC in support of motion for miscellaneous relief 25 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Strubbe, Joseph) (Entered: 11/14/2017) |
| 2017-11-14 | 27 | NOTICE of Motion by Joseph A. Strubbe for presentment of motion for miscellaneous relief 25 before Honorable Sharon Johnson Coleman on 11/21/2017 at 08:45 AM. (Strubbe, Joseph) (Entered: 11/14/2017) |
| 2017-11-14 | 28 | ANSWER to amended complaint by Zayo Group, LLC(Strubbe, Joseph) (Entered: 11/14/2017) |
| 2017-11-16 | 29 | STATUS Report (JOINT) by Zayo Group, LLC (Strubbe, Joseph) (Entered: 11/16/2017) |
| 2017-11-17 | 30 | MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 11/17/2017. Disclosures exchanged by 12/13/2017. On defendant's motion to strike 23 and motion to dismiss 25 , responses due by 1/12/2018. Replies due by 1/26/2018. Status hearing set for 3/5/2018 at 09:00 AM. The case is referred to Magistrate Judge Schenkier for discovery supervision as well as settlement discussions. Mailed notice (rth) (Entered: 11/19/2017) |
| 2017-11-17 | 31 | Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sidney I. Schenkier for the purpose of holding proceedings related to: discovery supervision, settlement conference. (rth) Mailed notice. (Entered: 11/19/2017) |
| 2017-11-20 | 32 | MINUTE entry before the Honorable Sidney I. Schenkier: The Court, sua sponte, sets the matter for a status hearing before the magistrate judge on 12/20/17 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 11/20/2017) |
| 2017-12-06 | 33 | ATTORNEY Appearance for Plaintiff Denis Zhirovetskiy by Jad Sheikali (Sheikali, Jad) (Entered: 12/06/2017) |
| 2017-12-13 | 34 | CERTIFICATE of Service of Supplemental Responses to Mandatory Initial Discovery by Joseph A. Strubbe on behalf of Zayo Group, LLC (Strubbe, Joseph) (Entered: 12/13/2017) |
| 2017-12-14 | 35 | NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) , filed by Plaintiff Denis Zhirovetskiy. (Gerbie, David) (Entered: 12/14/2017) |
| 2017-12-20 | 36 | MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of discovery. As stated on the record, the parties are to complete their ESI production required by the mandatory initial disclosure schedule by 1/22/18. The matter is set for a status hearing before the magistrate judge on 2/06/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 12/20/2017) |
| 2018-01-12 | 37 | MOTION by Plaintiff Denis Zhirovetskiy to remand (Gerbie, David) (Entered: 01/12/2018) |
| 2018-01-12 | 38 | NOTICE of Motion by David Louis Gerbie for presentment of motion to remand 37 before Honorable Sharon Johnson Coleman on 1/18/2018 at 08:45 AM. (Gerbie, David) (Entered: 01/12/2018) |
| 2018-01-18 | 39 | MINUTE entry before the Honorable Sharon Johnson Coleman: Motion hearing held on 1/18/2018. Defendant's motion to dismiss 25 is entered and continued. Plaintiff's motion to remand 37 is to be briefed as follows: response due by 2/8/2018, reply due by 2/22/2018. Mailed notice. (ym, ) (Entered: 01/18/2018) |
| 2018-02-01 | 40 | MOTION by Plaintiff Denis Zhirovetskiy to stay Plaintiff's Motion to Stay Further Compliance with MIDP Disclosures (Meyers, Evan) (Entered: 02/01/2018) |
| 2018-02-01 | 41 | NOTICE of Motion by Evan M Meyers for presentment of motion to stay 40 before Honorable Sidney I. Schenkier on 2/6/2018 at 08:30 AM. (Meyers, Evan) (Entered: 02/01/2018) |
| 2018-02-02 | 42 | RESPONSE by Zayo Group, LLC to MOTION by Plaintiff Denis Zhirovetskiy to stay Plaintiff's Motion to Stay Further Compliance with MIDP Disclosures 40 (Strubbe, Joseph) (Entered: 02/02/2018) |
| 2018-02-02 | 43 | MINUTE entry before the Honorable Sidney I. Schenkier: The TIME of the hearing regarding plaintiff's motion to stay further compliance with MIDP disclosures (doc. # 40 ) before the magistrate judge is RESET to 2/06/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 02/02/2018) |
| 2018-02-06 | 44 | MINUTE entry before the Honorable Sidney I. Schenkier: Status and motion hearings held. The parties report on the status of the case. For the reasons stated on the record, plaintiff's motion to stay further compliance with MIDP disclosures (doc. # 40 ) is granted. The Court stays any further compliance with the disclosures or other discovery for 60 days. As further stated on the record, in issuing this ruling, the Court does not express a view as to either the plaintiff's or the defendant's characterization of the various motions that are pending for ruling before Judge Coleman. The matter is set for a status hearing before the magistrate judge on 4/26/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 02/06/2018) |
| 2018-02-08 | 45 | RESPONSE by Zayo Group, LLCin Opposition to MOTION by Plaintiff Denis Zhirovetskiy to remand 37 (Attachments: # 1 Exhibit A)(Strubbe, Joseph) (Entered: 02/08/2018) |
| 2018-02-22 | 46 | REPLY by Plaintiff Denis Zhirovetskiy to response in opposition to motion 45 to Remand (Gerbie, David) (Entered: 02/22/2018) |
| 2018-03-01 | 47 | Notice of Additional Authority by Zayo Group, LLC (Attachments: # 1 Exhibit A)(Strubbe, Joseph) (Entered: 03/01/2018) |
| 2018-03-05 | 48 | MINUTE entry before the Honorable Sharon Johnson Coleman: Status hearing held on 3/5/2018. Defendant's motion to strike amended complaint 23 , motion to dismiss 25 , and Plaintiffs motion to remand 37 have been fully briefed and are taken under advisement. The Court will issue a ruling by the end of the week. Mailed notice. (ym, ) (Entered: 03/05/2018) |
| 2018-03-07 | 49 | ORDER: Plaintiff Denis Zhirovetskiy initially filed this law suit in the Circuit Court of Cook County, Illinois alleging a violation of the Illinois Biometric Information Privacy Act ("BIPA"). Defendant Zayo Group, LLC. removed the case to federal court pursuant to the Class Action Fairness Act ("CAFA") and subsequently moved to dismiss the suit under Federal Rule of Civil Procedure 12(b)(6). Plaintiff now moves to remand the case to state court claiming that Defendant's basis for dismissal casts doubt on the "injury-in-fact" element of Article III standing and hence, federal jurisdiction. For the following reasons, Plaintiff's Motion to remand 37 is granted and Defendant's motion to dismiss 25 is stricken. Additionally, this Court grants Plaintiff's request for costs and attorney's fees associated with the additional litigation resulting from the removal pursuant to 28 U.S.C. § 1447(c). See Mocek v. Allsaints USA Ltd., 220 F. Supp. 3d 910, 914 (N.D. Ill. 2016)(Bucklo, J.). Civil case terminated. Signed by the Honorable Sharon Johnson Coleman on 3/7/2018. Mailed notice.(ym, ) (Entered: 03/08/2018) |
| 2018-03-09 | 50 | MINUTE entry before the Honorable Sidney I. Schenkier: The district judge having remanded the case and terminated proceedings in this Court (doc. # 49), the status hearing with the magistrate judge set for 04/26/18 is stricken and the referral is hereby terminated. Mailed notice (ep, ) (Entered: 03/09/2018) |
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