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17-624 - RACKEMANN v. LISNR, INC. et al


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17-624 - RACKEMANN v. LISNR, INC. et al
July 11, 2017
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ORDER denying 89 Defendants' Motion to Appoint Expert. Signed by Magistrate Judge Mark J. Dinsmore on 7/11/2017. (CBU)
September 29, 2017
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ENTRY ON DEFENDANTS' MOTIONS TO DISMISS - For the reasons stated above, the Court DENIES Defendants' Motions to Dismiss, (Filing No. 30; Filing No. 31; Filing No. 34), insofar as they relate to Rackemann's "interception" claims. The Court GRANTS without prejudice Defendants' Motions to Dismiss, insofar as they relate to Rackemann's "use" claims. Should he choose to do so, Rackemann may file an amended complaint, within thirty (30) days of the docketing of this Order. See entry for details. Signed by Judge Tanya Walton Pratt on 9/29/2017. (MEJ)
February 12, 2018
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plaint and Scheduling Order [Dkt. 227] is GRANTED. The Magistrate Judge recommends that 176 Plaintiff's Motion for Leave to Amend Complaint and Scheduling Order be DENIED and that Plaintiff's claims be DISMISSED pursuant to Fed. R. CivREPORT AND RECOMMENDATION re 176 [MOTION FOR LEAVE TO AMEND COMPLAINT AND SCHEDULING ORDER filed by ALAN RACKEMANN. Defendants' Motion for Leave to File Sur-Reply in Opposition to Plaintiff's Motion for Leave to Amend Com. P. 12(h)(3) for lack of subject matter jurisdiction. Signed by Magistrate Judge Mark J. Dinsmore on 2/12/2018.(SWM) Modified on 3/22/2018 (LBT).
February 12, 2018
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REPORT AND RECOMMENDATION re 193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALAN RACKEMANN. The Magistrate Judge recommends Plaintiff's previously filed 193 Motion to Strike or Dismiss Counterclaims be DENIED AS MOOT. Signed by Magistrate Judge Mark J. Dinsmore on 2/12/2018.(SWM) Modified on 3/22/2018 (LBT).
March 21, 2018
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ORDER ADOPTING 253 REPORT AND RECOMMENDATIONS re 176 Motion for Leave to Amend Complaint and Scheduling Order filed by ALAN RACKEMANN. Plaintiff's Motion for Leave to Amend Complaint and Scheduling Order (Dkt. 176) is DENIED. Signed by Judge Tanya Walton Pratt on 3/21/2018.(LBT)
March 21, 2018
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ton Pratt on 3/21/2018.(LBT)ORDER ADOPTING 254 REPORT AND RECOMMENDATIONS for 193 Motion to Dismiss for Failure to State a Claim filed by ALAN RACKEMANN. Plaintiff's Motion to Strike or Dismiss Counterclaims (Dkt. 193) is DENIED as MOOT. Signed by Judge Tanya Wal
May 21, 2018
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REPORT AND RECOMMENDATION re 250 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (re: Dkt. 218) filed by EDELSON P.C., ALAN RACKEMANN and JEFFREY EVANS. Defendant LISNR's Motion for Leave to File Sur- Reply in Opposition to Motion to Dismiss Counterclaims [Dkt. 293] is GRANTED. Signed by Magistrate Judge Mark J. Dinsmore on 5/21/2018.(SWM)
July 6, 2018
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ORDER granting 168 Motion for Attorney Fees pursuant to this Court's October 31, 2017 Order on Motion to Compel 168; Plaintiff's counsel Edelson PC is ordered to pay LISNR $19,512 in fees, and to pay the Colts $25,000 in fees. Signed by Magistrate Judge Mark J. Dinsmore on 7/6/2018. (CBU)
September 24, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS AND ENTRY GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS COUNTERCLAIMS - A motion to dismiss pursuant to Rule 12(b)(6) does not test whether the plaintiff will prevail on the merits but instead whether the claimant has properly stated a claim. For the foregoing reasons the Court OVERRULES LISNR'S Objection (Filing No. 298) and the Plaintiffs' Objections (Filing No. 300), and ADOPTS in full the Magistrate Judge's Report and Recommendation (Filing No. 296). Accordingly, the Court GRANTS in part and DENIES in part, the Plaintiffs' Motion to Dismiss (Filing No. 250). LISNR's counterclaims for declaratory judgment, abuse of process, and spoliation are DISMISSED. LISNR's counterclaims for malicious prosecution, violation of the Illinois Deceptive Trade Practices Act, and defamation SURVIVE the initial hurdle of the Motion to Dismiss. Whether or not these claims can survive summary judgment is a matter for another day. (See Order.) Signed by Judge Tanya Walton Pratt on 9/24/2018.(NAD)