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15-321 - G.P.P., Inc. v. Guardian Protection Products, Inc.


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15-321 - G.P.P., Inc. v. Guardian Protection Products, Inc.
June 30, 2015
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ORDER DENYING In Part and GRANTING In Part 16 Defendant's Motion to Dismiss. 1) Guardian's motion to dismiss under Rule 12(b)(1) is DENIED; 2) Guardian's motion to dismiss Plaintiff's First, Second, Third, and Fourth Causes of Action under Rule 12(b)(6) is DENIED; 3) GIS' Sixth, Seventh, Eighth, and Ninth Causes of Action are DISMISSED pursuant to Rule 12(b)(6) without prejudice and with leave to amend; 4) GIS' Tenth and Eleventh Causes of Action are DISMISSED with prejudice and without leave to amend; and5) GIS may file an amended complaint within 14 days of the date of this order. Order signed by Magistrate Judge Sheila K. Oberto on 6/30/2015. (Timken, A)
August 14, 2015
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ORDER DENYING GIS' MOTION FOR CLARIFICATION AND ALTERNATIVE REQUEST FOR CERTIFICATION OF INTERLOCUTORY APPEAL 32. Order signed by Magistrate Judge Sheila K. Oberto on 8/14/2015. (Timken, A)
January 13, 2016
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STIPULATION and PROTECTIVE ORDER, signed by Magistrate Judge Sheila K. Oberto on 1/13/2016. (Timken, A)
June 3, 2016
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ORDER on Joint Stipulation Re: Extending Fact Witness Discovery Deadline for the Taking of Agreed Upon Fact Witness Depositions and Extending Expert Disclosure Deadlines. The deadline for fact discovery is extended to June 30, 2016, for the following depositions: (1) Charles Gibson, Sr., (2) Debbie Gibson; (3) Frank Gibson; (4) Christopher Nolan; (5) Christopher Taylor; (6) Darrin Lease; and (7) the second FRCP 30(b)(6) deposition of Defendant Guardian, based on the deposition notice served on April 26, 2016. The expert disclosure deadline is extended to July 1, 2016. The supplemental expert disclosures deadline is extended to July 15, 2016. These modifications do not change any other existing scheduling deadlines, including the pretrial conference and trial dates. Order signed by Magistrate Judge Sheila K. Oberto on 6/3/2016. (Timken, A)
June 20, 2016
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ORDER. A further telephonic discovery dispute conference is set for July 7, 2016, at 10:00 a.m. in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall coordinate with each other and place one conference call to the Court at 559-499-5790 at the appointment time. Order signed by Magistrate Judge Sheila K. Oberto on 6/20/2016. (Timken, A)
July 8, 2016
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ORDER (Informational) and setting a Further Telephonic Discovery Dispute Conference is set for 7/22/2016 at 09:00 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto, signed by Magistrate Judge Sheila K. Oberto on 7/8/2016. (The parties shall call the Court at 888-557-8511, access code 6208204#, at the appointment time.)(Kusamura, W)
July 25, 2016
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ORDER after follow-up informal discovery dispute conference. Order signed by Magistrate Judge Sheila K. Oberto on 7/24/2016. (Timken, A)
July 27, 2016
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ORDER GRANTING 57 Plaintiff's Motion to Amend and to Modify the Scheduling Order. Order signed by Magistrate Judge Sheila K. Oberto on 7/27/2016. (Timken, A)
August 17, 2016
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STIPULATION and ORDER re Extending Expert Witness Discovery Deadline for the Taking of of Agreed Upon Expert Witness Depositions 75. The expert discovery deadline is extended to September 15, 2016, for the depositions of (1) Peter Wrobel; and (2) Karl Schulze. Order signed by Magistrate Judge Sheila K. Oberto on 8/17/2016. (Timken, A)
August 22, 2016
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ORDER to EXTEND the Deadline of Defendant Guardian Protection Products, Inc. to File an Answer to the Second Amended Complaint. Order signed by Magistrate Judge Sheila K. Oberto on 8/21/2016. (Timken, A)
November 2, 2016
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ORDER GRANTING 89. GIS's Memorandum of Law in support of its Motion for Summary Judgment, and Guardian's Opposition Memorandum, shall not exceed 40 pages. GIS's Reply Memorandum shall not exceed 15 pages. Order signed by Magistrate Judge Sheila K. Oberto on 11/2/2016. (Timken, A)
January 18, 2017
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ORDER GRANTING IN PART and DENYING IN PART the Parties' Motions for Summary Judgment, 92, 93 and 98. Order signed by Magistrate Judge Sheila K. Oberto on 1/18/2017. (Timken, A)
January 18, 2017
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ORDER Regarding Settlement Conference (set for January 31, 2017 at 10:00 am before Judge McAuliffe). PERSONAL Appearance by Plaintiff and Defense Counsel Required. A prior settlement conference has been conducted in this case. The parties must inform the Court in their confidential settlement statements how the changed circumstances in the case affect the potential of settlement. signed by Magistrate Judge Barbara A. McAuliffe on 1/18/2017. (Herman, H)
February 3, 2017
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PRETRIAL ORDER. Motion in Limine Hearing set for 3/13/2017, at 03:00 PM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Trial remains set for 3/21/2017. Order signed by Magistrate Judge Sheila K. Oberto on 2/3/2017. (Thorp, J)
February 8, 2017
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ORDER Regarding Settlement Conference Procedures signed by Magistrate Judge Erica P. Grosjean on 2/8/2017. (Rooney, M)
February 21, 2017
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ORDER GRANTING IN PART and DENYING IN PART the Parties' Motions for Reconsideration 143 and 147. The Court RECONSIDERS its Order, (Doc. 133), only to the following limited extent: (1) Guardian's motion for summary judgment, (Doc. 92), is GRANTED insofar as Guardian seeks summary judgment on its request in its First Counterclaim for a declaration that EFPPs are not within the scope of the Cook County Agreement; (2) the Court FINDS that the Bob's Discount Furniture Agreement was not a valid contract as it relates to Guardian's sales of products to Bob's Discount Furniture in the geographic areas covered by the Cook County Agreement; and (3) the Court FINDS that the issue of whether the dreamGUARD products are "competing products" under the Agreements presents genuine issues of material fact. The Court DENIES the remainder of both Guardian's Motion, (Doc. 143), and GIS's Motion, (Doc. 147). Order signed by Magistrate Judge Sheila K. Oberto on 2/21/2017. (Timken, A)
March 14, 2017
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ORDER on Motions in Limine, 165 & 166, Additional Discovery, Trial Date, and Joint Pretrial Statement. The Jury Trial is RESET for 6/7/2017, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. The parties shall file a revised joint pretrial statement by no later the 4/17/2017. Order signed by Magistrate Judge Sheila K. Oberto on 3/14/2017. (Timken, A)
March 31, 2017
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ORDER PERMITTING LIMITED SUCCESSIVE SUMMARY JUDGMENT MOTIONS. The deadline for any additional motion for summary judgment is April 20, 2017. The deadline for an opposition to any additional motion for summary judgment is April 27, 2017. The deadline for a reply in support of any additional motion for summary judgment is May 2, 2017. If a party files an additional motion for summary judgment, the Court shall hold a hearing regarding these additional motionsif such will aid the Court in the decisional processon May 4, 2017, at 9:00 a.m. The deadline for the parties to submit their joint pretrial statement is continued to May 12, 2017; and to afford an opportunity for potential additional motions for summary judgment, the trial date in this matter is continued to June 20, 2017, at 08:30 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 3/30/2017. (Timken, A)
May 3, 2017
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ORDER STRIKING a Portion of Plaintiff's Brief in Response to the Court's Order. Order signed by Magistrate Judge Sheila K. Oberto on 5/3/2017. (Timken, A)
May 9, 2017
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ORDER DENYING 184 Defendants' Successive Motion for Partial Summary Judgment. Order signed by Magistrate Judge Sheila K. Oberto on 5/9/2017. (Timken, A)
June 30, 2017
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JUDGMENT dated *6/29/2017*. (Timken, A)
July 12, 2017
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ORDER GRANTING PLAINTIFF'S REQUEST FOR CLARIFICATION. The Court GRANTS the Motion, (Doc. 297), insofar as Plaintiff requests a clarification of the Judgment. The Court further finds that the Judgment, (Doc. 288), is not a final judgment under Federal Rule of Civil Procedure 54(a). The Court shall enter a final judgment, if appropriate, following its determinations as to the remaining equitable issues referenced in the Court's July 7, 2017 order. (See Doc. 296.) Order signed by Magistrate Judge Sheila K. Oberto on 7/12/2017. (Timken, A)
September 1, 2017
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ORDER DENYING 302 Defendants' Motion to Amend the Judgment. Order signed by Magistrate Judge Sheila K. Oberto on 8/31/2017. (Timken, A)
September 27, 2017
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FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING EQUITABLE ISSUES. The Court FINDS that the Four Equitable Issues, (see Doc. 301 at 3), are moot. The Court, therefore, shall not render determinations on the merits regarding the Four Equitable Issues. Order signed by Magistrate Judge Sheila K. Oberto on 9/26/2017. (Timken, A)
October 3, 2017
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FINAL JUDGMENT IN A CIVIL ACTION. (Lundstrom, T)
January 10, 2018
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ORDER GRANTING IN PART AND DENYING IN PART The Parties' Motions To Correct Final Judgment. 317, 318 Order signed by Magistrate Judge Sheila K. Oberto on 1/9/2018. (Timken, A)
January 10, 2018
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ORDER DENYING GIS's Renewed Motion For Judgment As A Matter Of Law As Moot. 319 Order signed by Magistrate Judge Sheila K. Oberto on 1/9/2018. (Timken, A)
January 16, 2018
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AMENDED FINAL JUDGMENT IN A CIVIL ACTION. (Timken, A)
February 16, 2018
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ORDER STAYING and HOLDING IN ABEYANCE PARTIES' BILLS OF COSTS and MOTIONS FOR ATTORNEY'S FEES and VACATING MOTION HEARINGS (312, 313, 314, 338, 339). The motion hearings currently set for March 14, 2018, and March 21, 2018, respectively, before the undersigned are hereby VACATED. Order signed by Magistrate Judge Sheila K. Oberto on 2/16/2018. (Timken, A)