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14-1278 - CitiMortgage, Inc. v. Chicago Bancorp, Inc. et al


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14-1278 - CitiMortgage, Inc. v. Chicago Bancorp, Inc. et al
February 12, 2015
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendants' motions for judgment on the pleadings are DENIED. (Doc. Nos. 32 & 55.) IT IS FURTHER ORDERED that CMI's motion for leave to file a first amended complaint is GRANTED. (Doc. No. 27.) The Clerk of Court shall detach the proposed amended complaint, Doc. No. 27-1, and docket it as Plaintiff's First Amended Complaint. IT IS FURTHER ORDERED that the FSB Defendants' motion for fees and costs pursuant to Rule 41(d) is DENIED. (Doc. No. 50.) Signed by District Judge Audrey G. Fleissig on 2/12/2015. (NEB)
March 30, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of Defendant Chicago Bancorp, Inc. to amend the Court's Order of February 12, 2015, pursuant to 28 U.S.C. ยง 1292 (b), is DENIED. (Doc. No. 61.) IT IS FURTHER ORDERED that the motion of Plaintiff CitiMortgage, Inc. for leave to file a second amended complaint is GRANTED. (Doc. No. 60.) The Clerk of the Court shall detach the proposed amended complaint, Doc. No. 60-1, and docket it as Plaintiff's Second Amended Complaint. Signed by District Judge Audrey G. Fleissig on March 30, 2015. (BRP)
April 21, 2015
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Defendant Chicago Bancorp. Inc.s motion for modification of proposed protective order is GRANTED in part at set forth above. (Doc. No. 67.) The Court shall issue the protective order by separate document. IT IS FURTHER ORDERED that the parties original motion for entry of an agreed protective order is DENIED as moot. (Doc. No. 66.) Signed by District Judge Audrey G. Fleissig on 4/21/15. (JWJ)
June 10, 2015
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs motion to compel is GRANTED. (Doc. No. 79.) To the extent it has not already been produced, Defendants Federal Savings Bank, National Bancorp Holdings, Inc., Stephen Calk, and John Calk shall produce the requested discovery no later than fourteen (14) days from the date of this Order. IT IS FURTHER ORDERED that Plaintiffs motion for oral argument is DENIED. (Doc. No. 92.) Signed by District Judge Audrey G. Fleissig on 6/10/15. (JWJ)
November 4, 2015
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that the motion to compel filed by Defendants The Federal Savings Bank, National Bancorp Holdings, Inc., Stephen Calk, and John Calk is GRANTED in part and DENIED in part, as set forth above. (Doc. No. 109.) No later than fourteen (14) days from the date of this Order, Plaintiff CitiMortgage, Inc. shall amend its interrogatory responses so that they comply with Federal Rules of Civil Procedure 33(b)(3) and (5), and shall supplement its responses to Interrogatories 16 and 17 to comply with Federal Rule of Civil Procedure 33(d). Signed by District Judge Audrey G. Fleissig on 11/4/2015. (NEB)
November 4, 2015
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that Defendant Chicago Bancorp, Inc.'s motion to compel is DENIED. (Doc. No. 114.) Signed by District Judge Audrey G. Fleissig on 11/4/2015. (NEB)
January 5, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiff CitiMortgage, Inc.s motion for a protective order is GRANTED. (Doc. No 161.) Signed by District Judge Audrey G. Fleissig on 01/05/2016. (KCB)
January 8, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs Amended Motion to Compel Testimony Regarding February 2013 Mediation in the First Chicago Bancorp Suit is GRANTED in part. (Doc. No. 187.) Defendant Chicago Bancorp, Inc. shall produce a Rule 30(b)(6) representative for a deposition on a mutually agreeable date on or before January 12, 2016 to testify solely with respect to topics unrelated to the mediation, such as: who generated the balance sheet, how it was generated and when, whether it was provided to third parties (other than in the mediation), and how it compares to other documents reflecting Chicago Bancorps net worth as of December 31, 2012. Plaintiff will not be permitted to question the deponent about any statement that was made or conduct that occurred during the February 2013 mediation. IT IS FURTHER ORDERED that the Clerk of Court shall place Doc. Nos. 177 and 187, and exhibits thereto, under seal. Signed by District Judge Audrey G. Fleissig on 01/08/2016. (KCB)
January 13, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants' motion to compel is GRANTED in part and DENIED in part. (Doc. No. 199.) In a timely manner and before the close of discovery, Plaintiff shall supplement its discovery responses as set forth above and at the hearing. IT IS FURTHER ORDERED that Defendants' request for expenses and attorneys' fees is DENIED. Signed by District Judge Audrey G. Fleissig on January 13, 2016. (BRP)
January 22, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motions for sanctions filed by Defendants The Federal Savings Bank, National Bancorp Holdings, Inc., Stephen Calk, and John Calk are DENIED. (Doc. Nos. 140 & 175). Signed by District Judge Audrey G. Fleissig on 01/22/2016. (KCB)
June 16, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff CitiMortgage, Inc.'s motion for summary judgment on Count I of its Third Amended Complaint against Defendant Chicago Bancorp, Inc. is GRANTED in part, with respect to all loans except the Alvarez, Bastos, Capsay, Fox, Groetsch, Gubenko, Korpan, Misquez, Navarro, and Teneyck loans. (Doc. No. 235.) IT IS FURTHER ORDERED that Defendant Chicago Bancorp's motion for summary judgment on Counts I, II, and III of Plaintiff's Third Amended Complaint is DENIED. (Doc. No. 236.) IT IS FURTHER ORDERED that Plaintiff CitiMortgage, Inc.'s motion to exclude the expert report and testimony of James Deitch is DENIED as moot. (Doc. No. 151.) Signed by District Judge Audrey G. Fleissig on June 16, 2016. (BRP)
July 6, 2016
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MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Plaintiff CitiMortgage, Inc.s motions for partial summary judgment against Defendants Stephen Calk and John Calk on Counts III and IV, and against The Federal Savings Bank on Count V, of the Third Amended Complaint are DENIED. (Doc. Nos. 240 & 241.) IT IS FURTHER ORDERED that Defendants The Federal Savings Bank, Stephen Calk, and John Calks motion for partial summary judgment on Counts IV and V of Plaintiffs Third Amended Complaint is GRANTED. (Doc. No. 246.) IT IS FURTHER ORDERED that, within seven (7) days of the date of this Order, the parties shall file a joint notice advising the Court of whether any part of their motions to exclude expert testimony (Doc. Nos. 143, 148 & 153) relate to the claims remaining in this case, and if so, which part(s). ( Status Report due by 7/13/2016.). Signed by District Judge Audrey G. Fleissig on 7/6/2016. (NEB)
July 22, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff CitiMortgage, Inc.'s motion for reconsideration is GRANTED. (Doc. No. 324.) The portion of the Court's June 16, 2016 Memorandum and Order (Doc. No. 323) denying Plaintiff's motion for summary judgment on Count I with respect to the Alvarez, Bastos, Capsay, Fox, Groetsch, Gubenko, Korpan, Misquez, Navarro, and Teneyck loans is vacated. IT IS FURTHER ORDERED that Plaintiff's motion for summary judgment on Count I is GRANTED in full. (Doc. No. 235.) IT IS FURTHER ORDERED that Defendant Chicago Bancorp, Inc.'s motion for clarification is GRANTED. (Doc. No. 325.) The Court's June 16, 2016 Memorandum and Order (Doc. No. 323) is amended to reflect that, in accordance with Section 11 of the parties' contract, if any of the loans at issue is owned by Plaintiff at the time of repurchase by Defendant Chicago Bancorp, Inc., Plaintiff shall, upon receipt of the Repurchase Price, release to Chicago Bancorp, Inc. or its designee Plaintiff's interest in such loan. Signed by District Judge Audrey G. Fleissig on July 22, 2016. (BRP)