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14-2032 - Practice Management Support Services, Inc. v. Cirque Du Soleil Inc. et al

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14-2032 - Practice Management Support Services, Inc. v. Cirque Du Soleil Inc. et al
November 12, 2015
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MEMORANDUM Opinion and Order: Defendants' motion for summary judgment 46 is denied. The same reasoning applies equally to Defendants' motion to strike 50, which is also denied. Rule 23(c)(1) provides that the court shall decide whether a class action may be maintained "as soon as practicable after the commencement of an action." Discovery in this matter has concluded. R.36, R. 38. In the interest of bringing this long-pending dispute to resolution, the Court orders Plaintiff's class certification brief due December 8, 2015, Defendants' response due December 29, 2015, and Plaintiff's reply due January 12, 2016. Status hearing set for 2/9/2016 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 11/12/2015:Mailed notice(srn, )
September 30, 2016
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Enter MEMORANDUM Opinion and Order Signed by the Honorable Thomas M. Durkin on 9/30/2016. Mailed notice (jdh)
March 12, 2018
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MEMORANDUM Opinion and Order: The Court grants Practice Management's motion for class certification in part R. 68, appoints Practice Management as class representative, and appoints the law firms of Anderson + Wanca and the Margulis Law Group as class counsel. The Court also grants defendants' motions for leave to file supplemental authority R. 140; R. 148; R. 150.The Court finds that the Supreme Court's ruling in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773 (2017), prevents it from exercising personal jurisdiction over defendants with respect to the claims of non-Illinois-resident class members. The Court therefore defines the class, for current purposes, as: All persons who are residents of Illinois and all entities located in Illinois who were successfully sent a facsimile in Illinois containing the "Cirque du Soleil"trade name from January 29, 2009, through July 8, 2009, offering tickets for sale to the to the following performances: "Saltimbanco" at Rockford MetroCentre, Rockford, Illinois, opening February 25, 2009; and "A New Twist on Vaudeville" at Chicago Theatre, Chicago, Illinois, opening November 19, 2009.The Court sets a status conference for March 20, 2018, at which the parties should be prepared to report on next steps in this litigation. If the parties believe that modifications should be made to the current class definition, they can raise that issue at the status conference, and the Court may allow the parties to file short position papers on that limited issue. Status hearing set for 3/20/2018 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 3/12/2018:Mailed notice(srn, )