Case: Grooms v. Maram

COMPLAINT filed by Plaintiff David Grooms. (ar, ) (Entered: 04/21/2006)

CIVIL Cover Sheet (ar, ) (Entered: 04/21/2006)

ATTORNEY Appearance for Plaintiff David Grooms by Byron L. Mason. (ar, ) (Entered: 04/21/2006)

SUMMONS Issued, original and one copy, as to Defendant Barry S Maram. (ar, ) (Entered: 04/21/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing set for 6/23/2006 at 09:00 AM, courtroom 2119. Mailed notice (etv, ) (Entered: 04/24/2006)

ATTORNEY Appearance for Defendant Barry S Maram by John E. Huston (Huston, John) (Entered: 05/15/2006)

ATTORNEY Appearance for Defendant Barry S Maram by Christopher Samuel Gange (Gange, Christopher) (Entered: 05/15/2006)

ATTORNEY Appearance for Defendant Barry S Maram by Karen Elaine Konieczny (Konieczny, Karen) (Entered: 05/15/2006)

DEFENDANT'S ANSWER to Complaint and AFFIRMATIVE DEFENSES by Barry S Maram(Gange, Christopher) (Entered: 05/15/2006)

ATTORNEY Appearance for Defendant Barry S Maram by John E. Huston (Huston, John) (Entered: 05/15/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing set for 6/23/2006 is stricken. The parties are directed to appear through lead counsel for a pretrial conference pursuant to Fed.R.Civ.P. 16 on 6/15/2006 at 09:00 AM. Counsel are requested promptly to meet face-to-face for a discussion of possible settlement and for preparation of a planning report. The form is accessible from the court's Internet site. Such report shall be submitted to Judge Pallmeyer in chambers no later than two business days prior to the conference. Mailed notice (etv, ) (Entered: 05/17/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Rule 16 conference held on 6/15/2006. Plaintiff shall comply with FRCP(26)(a)(2) by 1/15/2007. Defendant shall comply with FRCP(26)(a)(2) by 2/26/2007. The parties shall tender any rebuttal reports by 3/26/2007. Discovery ordered closed by 4/27/2007. Dispositive motions with supporting memoranda due by 5/29/2007. Status hearing set for 9/7/2006 at 08:45 AM. Jury Trial set for 7/16/2007 at 09:30 AM. Mailed notice (etv, ) (Entered: 06/15/2006)

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Martin C. Ashman for settlement conference pursuant to Local Rule 72.1, signed by Judge Rebecca R. Pallmeyer on 06/15/06, signed by Executive Committee on 06/19/06. (See order for further detail). Mailed notice(ar, ) (Entered: 06/21/2006)

MINUTE entry before Judge Martin C. Ashman : Settlement Conference set for 8/28/2006 at 11:00 AM. in chambers 1366. All clients and parties with full authority to settle are to be physically present. Failure to have parties with full authority to settle present may result in the imposition of severe sanctions. (For further details see standing order on the court's web site at www.ilnd.uscourts.gov.) Mailed notice. (is, ) (Entered: 07/13/2006)

MINUTE entry before Judge Martin C. Ashman : Settlement conference held and continued to 9/28/2006 at 11:00 AM. Mailed notice. (is, ) (Entered: 08/28/2006)

MOTION by Defendant Barry S Maram for leave to file Amended Answer to Plaintiff's Complaint (Huston, John) (Entered: 08/31/2006)

NOTICE of Motion by John E. Huston for presentment of motion for leave to file 17 before Honorable Rebecca R. Pallmeyer on 9/7/2006 at 08:45 AM. (Huston, John) (Entered: 08/31/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Defendant's motion for leave to amend his Answer to Plaintiff's complaint 17 is granted. Status hearing set for 9/7/2006 is stricken and reset to 10/5/2006 at 8:45. Mailed notice (ar, ) (Entered: 09/06/2006)

AMENDED Answer by Defendant Barry S Maram to Plaintiff' Complaint & Defendant's Affirmative Defenses (Huston, John) (Entered: 09/06/2006)

MINUTE entry before Judge Martin C. Ashman : Settlement Conference reset to 10/13/2006 at 11:00 AM. Mailed notice. (is, ) (Entered: 09/27/2006)

MOTION by Defendant Barry S Maram to compel Plaintiff's Answers to Defendant's First Set of Interrogatories (Huston, John) (Entered: 10/02/2006)

NOTICE of Motion by John E. Huston for presentment of motion to compel 22 before Honorable Rebecca R. Pallmeyer on 10/5/2006 at 08:45 AM. (Huston, John) (Entered: 10/02/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held on 10/5/2006. Defendant's motion to compel Plaintiff's answers to Defendant's first set of interrogatories 22 is withdrawn without prejudice. Status hearing set for 12/5/2006 at 8:45. Mailed notice (ar, ) (Entered: 10/12/2006)

MINUTE entry before Judge Martin C. Ashman : Settlement conference held and continued to 10/27/2006 at 02:00 PM. Mailed notice. (is, ) (Entered: 10/13/2006)

MOTION by Defendant Barry S Maram for extension of time to Respond to Plaintiff's First Production Request to Defendant (Gange, Christopher) (Entered: 10/16/2006)

NOTICE of Motion by Christopher Samuel Gange for presentment of motion for extension of time 26 before Honorable Rebecca R. Pallmeyer on 10/18/2006 at 08:45 AM. (Gange, Christopher) (Entered: 10/16/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Defendant's motion to enlarge time to respond to Plaintiff's first production request to Defendant 22 26 granted to and including 11/6/2006. Mailed notice (ar, ) (Entered: 10/18/2006)

MINUTE entry before Judge Martin C. Ashman : Settlement conference held on 10/27/2006. No notice. (is, ) (Entered: 10/27/2006)

MINUTE entry before Judge Martin C. Ashman : Settlement Conference continued to 11/30/2006 at 02:00 PM. Mailed notice. (is, ) (Entered: 10/30/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Defendant's motion to enlarge time to respond to Plaintiff's first set of interrogatories to Defendant 31 granted to and including 12/8/06. Mailed notice (ar, ) (Entered: 11/28/2006)

MOTION by Defendant Barry S Maram for extension of time to Respond to Plaintiff's First Set of Interrogatories to Defendant (Gange, Christopher) (Entered: 11/22/2006)

NOTICE of Motion by Christopher Samuel Gange for presentment of motion for extension of time 31 before Honorable Rebecca R. Pallmeyer on 12/5/2006 at 08:45 AM. (Gange, Christopher) (Entered: 11/22/2006)

MINUTE entry before Judge Martin C. Ashman : Settlement conference held on 11/30/2006 - unsuccessful. Mailed notice. (is, ) (Entered: 11/30/2006)

MINUTE entry before Judge Martin C. Ashman : All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Judge Martin C. Ashman no longer referred to the case. Mailed notice (is, ) (Entered: 11/30/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer : Status hearing held on 12/5/2006. Status hearing set for 1/29/2007 at 09:00 AM. Mailed notice (etv, ) (Entered: 12/05/2006)

MINUTE entry before Judge Rebecca R. Pallmeyer :Status hearing held on 1/29/2007. Status hearing set for 4/25/2007 at 09:00 AM.Mailed notice (etv, ) (Entered: 01/29/2007)

MOTION by Defendant Barry S Maram for extension of time to Produce Expert Disclosures under FRCP 26(a)(2) (Huston, John) (Entered: 02/26/2007)

NOTICE of Motion by John E. Huston for presentment of extension of time 38 before Honorable Rebecca R. Pallmeyer on 3/6/2007 at 08:45 AM. (Huston, John) (Entered: 02/26/2007)

ATTORNEY Appearance for Plaintiff David Grooms by Karen I. Ward (Ward, Karen) (Entered: 02/28/2007)

MINUTE entry before Judge Rebecca R. Pallmeyer :Defendant's motion to enlarge time to produce expert disclosures under FRCP 26(a)(2) 38 granted to and including 3/19/07.Mailed notice (eav, ) (Entered: 03/06/2007)

MOTION by Plaintiff David Grooms for preliminary injunction. (ar, ) (Entered: 03/14/2007)

NOTICE of Motion by Plaintiff David Grooms for presentment of his motion for injunction 42 before Honorable Rebecca R. Pallmeyer on 3/28/2007 at 08:45 AM. (ar, ) (Entered: 03/14/2007)

OBJECTIONS to Plaintiff's Motion for Preliminary Injunction (Huston, John) (Entered: 03/27/2007)

MINUTE entry before Judge Rebecca R. Pallmeyer : Plaintiff's motion for preliminary injunction 42 entered and continued to 4/16/2007 at 9:30. Within seven (7) days, Plaintiff to submit affidavits of his three proposed preliminary injunction hearing witnesses. Defendant's response, if any, 7 days thereafter. Status hearing set for 4/16/2007 at 9:30. (ar, ) (Entered: 03/29/2007)

NOTICE by David Grooms of Withdrawal of Plaintiff's Motion for Preliminary Injunction (Attachments: # 1 Certificate of Service)(Ward, Karen) (Entered: 04/05/2007)

2 Certificate of Service

View on PACER

MINUTE entry before Judge Rebecca R. Pallmeyer : Plaintiff's motion for preliminary injunction 42 is withdrawn. Status hearing set for 4/16/2007 is stricken and reset to 5/31/2007 at 9:00. (ar, ) (Entered: 04/11/2007)

INCORRECT document linked. (Mason, Byron). Modified on 4/18/2007 (ar, ). (Entered: 04/17/2007)

NOTICE of Motion by Byron L. Mason for presentment of motion for extension of time to complete discovery 48 before Honorable Rebecca R. Pallmeyer on 4/23/2007 at 08:45 AM. (Mason, Byron) (Entered: 04/17/2007)

MOTION by Plaintiff David Grooms for extension of time to complete discovery (Mason, Byron) (Entered: 04/18/2007)

NOTICE of Motion by Byron L. Mason for presentment of motion for extension of time to complete discovery 50 before Honorable Rebecca R. Pallmeyer on 4/23/2007 at 08:45 AM. (Mason, Byron) (Entered: 04/18/2007)

NOTICE of Correction regarding Plaintiff's motion for extension of time to complete discovery 48 . (ar, ) (Entered: 04/18/2007)

MINUTE entry before Judge Rebecca R. Pallmeyer : Motion for extension of time 48 was filed in error and should be terminated. Mailed notice (ar, ) Modified on 4/19/2007 (ar, ). (Entered: 04/19/2007)

Re-Notice of Motion NOTICE of Motion by Byron L. Mason for presentment of motion for extension of time to complete discovery 50 before Honorable Rebecca R. Pallmeyer on 4/24/2007 at 08:45 AM. (Mason, Byron) (Entered: 04/19/2007)

OBJECTIONS by Barry S Maram to MOTION by Plaintiff David Grooms for extension of time to complete discovery 50 (Attachments: # 1 Exhibit A and B)(Konieczny, Karen) (Entered: 04/20/2007)

2 Exhibit A and B

View on PACER

MINUTE entry before Judge Rebecca R. Pallmeyer : Plaintiff's motion for enlargement of time to complete discovery and to produce expert disclosures 50 granted in part and denied in part. Plaintiff may disclose his expert on or before May 7, 2007. Defendant has leave to depose Plaintiff's expert and submit a report in response by 5/28/2007. The motion is otherwise denied. Status hearing set for 5/31/2007 at 9:00 to stand. (ar, ) (Entered: 04/24/2007)

MOTION by Plaintiff David Grooms to reassign case Motion for Referral Back to Magistrate Judge Ashman for Further Settlement Conference (Mason, Byron) (Entered: 05/18/2007)

Notice of Motion re: Motion for Referral Back to Magistrate Ashman for Further Settlement Conference NOTICE of Motion by Byron L. Mason for presentment of motion to reassign case 57 before Honorable Rebecca R. Pallmeyer on 5/24/2007 at 08:45 AM. (Mason, Byron) (Entered: 05/18/2007)

OBJECTIONS by Barry S Maram to MOTION by Plaintiff David Grooms to reassign case Motion for Referral Back to Magistrate Judge Ashman for Further Settlement Conference 57 (Huston, John) (Entered: 05/21/2007)

MINUTE entry before Judge Rebecca R. Pallmeyer : Plaintiff's motion to reassign case for referral back to Magistrate Judge Ashman for further settlement conference (57) is denied, but the court directs the parties to confirm in writing within seven days that they have again attempted to resolve the case. Plaintiff to prepare a proposed draft final pretrial order by 6/18/2007; Joint Final Pretrial Order due 6/29/2007. The status hearing set for 5/31/2007 is stricken.Mailed notice (slb, ) (Entered: 05/24/2007)

MOTION by Plaintiff David Grooms for partial summary judgment (Ward, Karen) (Entered: 05/29/2007)

Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment (Attachments: # 1 Exhibit Exhibit A: Complaint# 2 Exhibit Exhibit B: Amended Answer# 3 Exhibit Exhibit C: Menenberg Report# 4 Exhibit Exhibit D: Sidell Decision)(Ward, Karen) Modified on 5/31/2007 (mb, ). (Entered: 05/29/2007)

2 Exhibit Exhibit A: Complaint

View on PACER

3 Exhibit Exhibit B: Amended Answer

View on PACER

4 Exhibit Exhibit C: Menenberg Report

View on PACER

5 Exhibit Exhibit D: Sidell Decision

View on PACER

Plaintiff's Rule 56.1(a)(3) Statement of Material Facts (Ward, Karen) Modified on 5/31/2007 (mb, ). (Entered: 05/29/2007)

NOTICE of Motion by Karen I. Ward for presentment of before Honorable Rebecca R. Pallmeyer on 6/4/2007 at 08:45 AM. (Ward, Karen) Modified on 5/31/2007 (mb, ). (Entered: 05/29/2007)

CERTIFICATE of Service by Plaintiff David Grooms regarding MOTION by Plaintiff David Grooms for partial summary judgment Plaintiff's Rule 56.1(a)(3) Statement of Material Facts 63, MOTION by Plaintiff David Grooms for partial summary judgment 61, notice of motion 64, MOTION by Plaintiff David Grooms for partial summary judgment Memorandum in Support of Plaintiff's Motion for Partial Summary Judgment 62 (Ward, Karen) (Entered: 05/29/2007)

MOTION by Plaintiff David Grooms for partial summary judgment Corrected Rule 56.1(a)(3) Statement of Material Facts (Ward, Karen) (Entered: 05/30/2007)

MINUTE entry before Judge Rebecca R. Pallmeyer : Plaintiffs original Rule 56.1 statement has been amended; the original version (63) is therefore stricken as moot. The amended Rule 56.1 statement and a memorandum in support of Plaintiffs motion for summary judgment were docketed in error as motions. These documents (62, 66) will remain pending in support of Plaintiffs motion for summary judgment, but the Clerk is directed to terminate their status as motions. (mb, ) (Entered: 05/31/2007)

MINUTE entry before Judge Rebecca R. Pallmeyer : Response to Plaintiff's motion for partial summary judgment 61 to be filed by or on 6/20/2007; reply 6/29/2007. Ruling set for 7/10/2007 at 9:00. Final Pretrial Order extended to 7/16/2007. Jury trial set for 7/16/2007 is stricken. Bench trial set for 7/19/2007 at 9:30. Mailed notice (mb, ) (Entered: 06/05/2007)

MOTION by Defendant Barry S MaramLeave to Serve Requests to Admit and Shorten the Time for Response (Huston, John) (Entered: 06/08/2007)

NOTICE of Motion by John E. Huston for presentment of motion for miscellaneous relief 69 before Honorable Rebecca R. Pallmeyer on 6/12/2007 at 08:45 AM. (Huston, John) (Entered: 06/08/2007)

RESPONSE by David Groomsin Opposition to MOTION by Defendant Barry S MaramLeave to Serve Requests to Admit and Shorten the Time for Response 69 Plaintiff Opposition to Defendant Motion for Leave to Serve 75 Requests to Admit After the Close of Discovery and to Shorten Plaintiff's Time in Response (Mason, Byron) (Entered: 06/11/2007)

NOTICE by David Grooms re response in opposition to motion, 71 Notice of Filing re: Plaintiff's Opposition to Defendant's Motion for Leave to Serve 75 Requests to Admit After the Close of Discovery and to Shorten Plaintiff's Time for Response (Mason, Byron) (Entered: 06/11/2007)

MINUTE entry before Judge Rebecca R. Pallmeyer :Defendant's motion for leave to serve requests to admit and shorten the time for response 69 is denied. Mailed notice (air, ) (Entered: 06/12/2007)

Defendant's Rule 26(a)(3) Pretrial Disclosures by Barry S Maram (Gange, Christopher) (Entered: 06/19/2007)

RESPONSE by Defendant Barry S Maram to Plaintiff's Rule 56.1(a)(3) Statement of Material Facts (Konieczny, Karen) (Entered: 06/20/2007)

RESPONSE by Barry S Maramin Opposition to MOTION by Plaintiff David Grooms for partial summary judgment 61 (Konieczny, Karen) (Entered: 06/20/2007)

Defendant's Exhibits and Supporting Materials by Barry S Maram in Response to Plaintiff's Motion for Partial Summary Judgment (Attachments: # 1 Exhibit C-1# 2 Exhibit C-2# 3 Exhibit C-3# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F-H# 7 Exhibit I-J)(Konieczny, Karen) (Entered: 06/20/2007)

2 Exhibit C-1

View on PACER

3 Exhibit C-2

View on PACER

4 Exhibit C-3

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

7 Exhibit F-H

View on PACER

8 Exhibit I-J

View on PACER

NOTICE by Barry S Maram re Response 75, other, 77, response in opposition to motion 76 and Certificate of Service (Konieczny, Karen) (Entered: 06/20/2007)

REPLY by David Grooms to response in opposition to motion 76 for partial summary judgment (Ward, Karen) (Entered: 06/29/2007)

MOTION by Defendant Barry S Maram for protective order (Agreed) Governing Discovery Material (Huston, John) (Entered: 06/29/2007)

NOTICE by David Grooms re reply to response to motion 79 NOTICE OF FILING (Ward, Karen) (Entered: 06/29/2007)

NOTICE of Motion by John E. Huston for presentment of motion for protective order 80 before Honorable Rebecca R. Pallmeyer on 7/5/2007 at 08:45 AM. (Huston, John) (Entered: 06/29/2007)

MINUTE entry before Judge Rebecca R. Pallmeyer : Agreed motion for entry of protective order governing discovery material 80, granted. Enter Agreed Protective Order Governing Discovery Material. (For further detail see separate order). (ar, ) (Entered: 07/06/2007)

AGREED Protective Order Governing Discovery Material, signed by Judge Rebecca R. Pallmeyer on 6/29/2007 83 . (ar, ) (Entered: 07/06/2007)

MINUTE entry before Judge Rebecca R. Pallmeyer : Hearing on Plaintiff's motion for partial summary judgment 61 held. Ruling to be made by mail. Plaintiff toprovide draft of the Final Pretrial Order to counsel for Defendant on or before 7/12/2007. (ar, ) (Entered: 07/12/2007)

MOTION to quash Trial Subpoena ad Testificandum by Non-Party Roberta Sue Coonrod (Attachments: # 1 Exhibit A - C)(Konieczny, Karen) (Entered: 07/12/2007)

2 Exhibit A - C

View on PACER

Certificate of Service and NOTICE of Motion by Karen Elaine Konieczny for presentment of motion to quash 86 before Honorable Rebecca R. Pallmeyer on 7/17/2007 at 08:45 AM. (Konieczny, Karen) (Entered: 07/12/2007)

MOTION to quash Trial Subpoena ad Testificandum by Non-Party Barbara Ginder (Attachments: # 1 Exhibit A - C)(Konieczny, Karen) (Entered: 07/12/2007)

2 Exhibit A - C

View on PACER

Certificate of Service and NOTICE of Motion by Karen Elaine Konieczny for presentment of motion to quash 88 before Honorable Rebecca R. Pallmeyer on 7/17/2007 at 08:45 AM. (Konieczny, Karen) (Entered: 07/12/2007)

MOTION to quash Trial Subpoena as Testificandum by Non-Party Canda Scott (Attachments: # 1 Exhibit A - C)(Konieczny, Karen) (Entered: 07/12/2007)

2 Exhibit A - C

View on PACER

Certificate of Service and NOTICE of Motion by Karen Elaine Konieczny for presentment of motion to quash 90 before Honorable Rebecca R. Pallmeyer on 7/17/2007 at 08:45 AM. (Konieczny, Karen) (Entered: 07/12/2007)

ATTORNEY Appearance for Respondents Roberta Sue Coonrod, Barbara Ginder, Canda Scott by Karen Elaine Konieczny (Konieczny, Karen) (Entered: 07/13/2007)

ATTORNEY Appearance for Respondents Roberta Sue Coonrod, Barbara Ginder, Canda Scott by Christopher Samuel Gange (Gange, Christopher) (Entered: 07/16/2007)

ATTORNEY Appearance for Respondents Roberta Sue Coonrod, Barbara Ginder, Canda Scott by John E. Huston (Huston, John) (Entered: 07/16/2007)

Defendant's Amended Rule 26(a)(3) Pretrial Disclosures by Barry S Maram (Gange, Christopher) (Entered: 07/16/2007)

MOTION by Defendant Barry S Maram for sanctions For Failure to Comply with Pretrial Order (Attachments: # 1 Exhibit A through C)(Konieczny, Karen) (Entered: 07/16/2007)

2 Exhibit A through C

View on PACER

Certificate of Service and NOTICE of Motion by Karen Elaine Konieczny for presentment of motion for sanctions 96 before Honorable Rebecca R. Pallmeyer on 7/18/2007 at 08:45 AM. (Konieczny, Karen) (Entered: 07/16/2007)

NOTICE by David Grooms Notice of Filing Plaintiff's Proposed Pretrial Order (Attachments: # 1 Text of Proposed Order Plaintiff's proposed Pretrial Order)(Ward, Karen) (Entered: 07/16/2007)

2 Text of Proposed Order Plaintiff's proposed Pretrial Order

View on PACER

MINUTE entry before Judge Rebecca R. Pallmeyer : Plaintiff having withdrawn the subpoena with respect to Roberta Sue Coonrod, the motion to quash trial subpoena 86 is withdrawn as moot. As Barbara Ginder and Canda Scott have been identified as Defendant's witnesses, the motions to quash their trial subpoenas 88, 90, are denied. The court directs that Ms. Ginder and Ms. Scott be available to testify in Plaintiff's case-in-chief. Defendant's motion for sanctions 96 is stricken as moot. Plaintiff's summary judgment on Defendant's first and second affirmative defense 61 is denied without prejudice. Bench trial set for 7/18/2007 is stricken and reset to 10/31/2007 at 9:30. Final Pretrial Order to be filed on or before 8/31/2007. Status hearing set for 9/6/2007 at 9:00. (ar, ) (Entered: 07/18/2007)

TRANSCRIPT of proceedings for the following dates: 07/10/07 before the Honorable Rebecca R. Pallmeyer. (ar, ) (Entered: 07/20/2007)

MOTION by Plaintiff David Grooms for extension of time to file Pre-trial Order (Ward, Karen) (Entered: 08/16/2007)