Case: Gomez v. CSL Plasma

ORDER Second Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice (ec, ) (Entered: 04/23/2020)

COMPLAINT filed by Mark Gomez; Jury Demand. Filing fee $ 400, receipt number 0752-16950007. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Blonder, Steven) (Entered: 04/23/2020)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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CIVIL Cover Sheet (Blonder, Steven) (Entered: 04/23/2020)

ATTORNEY Appearance for Plaintiff Mark Gomez by Steven P. Blonder (Blonder, Steven) (Entered: 04/23/2020)

ATTORNEY Appearance for Plaintiff Mark Gomez by Jonathan L. Loew (Loew, Jonathan) (Entered: 04/23/2020)

ATTORNEY Appearance for Plaintiff Mark Gomez by Barry Charlton Taylor (Taylor, Barry) (Entered: 04/23/2020)

ATTORNEY Appearance for Plaintiff Mark Gomez by Rachel Meredith Arfa (Arfa, Rachel) (Entered: 04/23/2020)

CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (rc, )

NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (td, ) (Entered: 04/24/2020)

ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket10, ) (Entered: 04/27/2020)

WAIVER OF SERVICE returned executed by Mark Gomez. CSL Plasma, Inc. waiver sent on 4/23/2020, answer due 6/22/2020. (Blonder, Steven) (Entered: 05/05/2020)

MINUTE entry before the Honorable Mary M. Rowland: By 7/15/20, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. The court will enter a scheduling order in response. Mailed notice. (dm, ) (Entered: 05/15/2020)

ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, ) (Entered: 05/26/2020)

ATTORNEY Appearance for Defendant CSL Plasma, Inc. by Eric Arthur Berg (Berg, Eric) (Entered: 06/23/2020)

First MOTION to Defer Responsive Pleading Deadline (MIDP) Joint Stipulation To Continue, filed by Defendant CSL Plasma, Inc.. (Berg, Eric) (Entered: 06/26/2020)

MINUTE entry before the Honorable Mary M. Rowland: Joint stipulation to continue Defendant's response date 14 is granted. Defendant's responsive pleading is due 8/21/20. The deadline for parties to file joint initial status report is extended to 9/11/20. Mailed notice. (dm, ) (Entered: 06/29/2020)

ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket) (Entered: 07/10/2020)

MOTION by Movant State of Illinois to reassign case (Kelley, Neil) (Entered: 08/14/2020)

MOTION by Movant State of Illinois to amend/correct MOTION by Movant State of Illinois to reassign case 17 (Attachments: # 1 Exhibit Exhibit Original Complaint, # 2 Exhibit Exhibit to Original Motion)(Kelley, Neil) (Entered: 08/14/2020)

MOTION by Defendant CSL Plasma, Inc. to continue Response Date (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Motion for Reassignment)(Berg, Eric) (Entered: 08/18/2020)

MINUTE entry before the Honorable Mary M. Rowland: Defendant's motion to continue response date 19 is granted. Over plaintiff's objection, defendant is given until 9/24/20 to answer or otherwise plead. The deadline of 9/11/20 for parties to file joint initial status report is re-set to 10/23/20. Mailed notice. (dm, ) (Entered: 08/19/2020)

MINUTE entry before the Honorable Mary M. Rowland: The State of Illinois's unopposed motion for reassignment 17 18 is granted. The two cases are related because they share numerous issues of fact and law, and they request similar forms of relief. Reassignment is appropriate as both cases are pending in this district, the handling of these cases by the same judge will save considerable judicial resources, and the earlier case has not progressed to the point where designating a later filed case as related would substantially delay proceedings in the earlier case. The Court accordingly finds that all Local Rule 40.4(b) conditions of reassignment are met. The case captioned State of Illinois v. CSL Plasma, Inc. & CSL Behring, LLC, No. 20 C 3535 is reassigned to this Court for all purposes. Defendant's responsive pleading remains due on 9/24/20, and the deadline to file a joint initial status report remains 10/23/20. Mailed notice. (dm, ) (Entered: 08/24/2020)

MOTION by Attorney Rachel Arfa to withdraw as attorney for Mark Gomez. No party information provided (Arfa, Rachel) (Entered: 09/15/2020)

MINUTE entry before the Honorable Mary M. Rowland: Attorney Rachel Arfa's motion to withdraw 22 is granted. Mailed notice. (dm, ) (Entered: 09/16/2020)

Defendant's ANSWER to Complaint by CSL Plasma, Inc. (Attachments: # 1 Exhibit A)(Berg, Eric) (Entered: 09/24/2020)

ATTORNEY Appearance for Plaintiff Mark Gomez by Paul William Mollica (Mollica, Paul) (Entered: 10/22/2020)

STATUS Report INITIAL JOINT STATUS REPORT by Mark Gomez (Blonder, Steven) (Entered: 10/23/2020)

MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the initial joint status report. The court adopts proposed discovery schedule as follows: Rule 26(a)(1) disclosures to be served by November 15, 2020; initial written discovery to be propounded by December 4, 2020; and fact discovery to be completed by June 30, 2021. On or before 2/5/21 parties shall file written status report updating the court on the status of discovery and whether a settlement conference would be productive. Mailed notice. (dm, ) (Entered: 10/27/2020)

STATUS Report Joint by CSL Plasma, Inc. (Berg, Eric) (Entered: 02/05/2021)

MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed the joint status report. Parties continue to engage in written discovery. Parties are not yet in a position to set a settlement conference. The court refers this matter to the magistrate judge to supervise discovery and to conduct a settlement conference if and when that is appropriate. Parties should file a status report with this court on 6/4/21. Mailed notice. (dm, ) (Entered: 02/08/2021)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: discovery supervision and settlement. (dm, )Mailed notice. (Entered: 02/08/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 3/16/2021 at 9:15 a.m. A status report with an update on discovery and settlement discussions is due 3/11/2021. In addition to the discovery schedule set out by the district judge on 10/27/20 27, the Court orders that all notice of depositions with agreed upon dates shall issue by 5/3/21. Mailed notice (lxs, ) (Entered: 02/08/2021)

STATUS Report JOINT STATUS REPORT by Mark Gomez (Blonder, Steven) (Entered: 03/10/2021)

AGREED Confidentiality Order Signed by the Honorable Sunil R. Harjani on 3/11/2021. Mailed notice(lxs, ) (Entered: 03/11/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Status hearing previously set for 3/16/2021 is stricken and reset to 5/19/2021 at 9:15 a.m. By 5/13/2021 the parties shall file a joint status report with updates on discovery and any settlement discussions. The Court has reviewed the parties' joint status report 32 . The parties state that they have exchanged some written discovery, have been meeting and conferring, and that they have been in active settlement discussions. The parties are reminded that fact discovery closes on 6/30/21.Mailed notice (lxs, ) (Entered: 03/15/2021)

MOTION by Plaintiff Mark Gomez for partial summary judgment (Mollica, Paul) (Entered: 04/19/2021)

MEMORANDUM by Mark Gomez in support of motion for partial summary judgment 35 (Mollica, Paul) (Entered: 04/19/2021)

RULE 56 Statement by Mark Gomez regarding motion for partial summary judgment 35 (Attachments: # 1 Exhibit CSL Answer and Affirmative Defenses, # 2 Exhibit CSL Dec 21, 2019 Letter, # 3 Exhibit CSL Marsh Brief, # 4 Exhibit CSL Webpage Excerpts)(Mollica, Paul) (Entered: 04/19/2021)

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status set for 4/27/21 at 9:45am. Counsel shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) (Entered: 04/20/2021)

MINUTE entry before the Honorable Mary M. Rowland: At the request of the parties, telephonic status set for 4/27/21 at 9:45am is reset to 9:30am. (Please Note Time Change) Counsel shall call 866-434-5269; access code 3751971. Mailed notice. (dm, ) (Entered: 04/26/2021)

MINUTE entry before the Honorable Mary M. Rowland: Telephonic status hearing held. Counsel appeared telephonically. Parties are proceeding with discovery. Parties have engaged in settlement discussions. The court heard from the parties regarding Plaintiff's motion for partial summary judgment 35 . By 4/30/21 parties shall send a proposed briefing schedule to the court's proposed order mailbox at Proposed_Order_Rowland@ilnd.uscourts.gov Mailed notice. (dm, ) (Entered: 04/27/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion set for May 10, 2021 at 11:00 a.m. by telephone. The Court notes that settlement discussions have occurred informally between the parties, but have not yet resolved the case. The Court would like to discuss with lead counsel options to further settlement discussions with the Court's involvement. Lead counsel are instructed to promptly call into the Court's conference call-in number at (888) 684-8852, and use Access Code 7354516. Mailed notice (lxs, ) (Entered: 04/28/2021)

MOTION by Attorney Jonathan L. Loew to withdraw as attorney for Mark Gomez. No party information provided (Loew, Jonathan) (Entered: 05/03/2021)

MINUTE entry before the Honorable Mary M. Rowland: Jonathan L. Loew's motion for leave to withdraw as counsel for plaintiff 42 is granted. Attorney Jonathan L. Loew's appearance is terminated. Mailed notice. (dm, ) (Entered: 05/04/2021)

MINUTE entry before the Honorable Mary M. Rowland: In light of the Court's schedule, Defendant's response to the pending motion for summary judgment is due July 26, 2021 and Plaintiff's reply is due August 26, 2021. These dates will not be extended excepts for exceptional circumstances. Mailed notice. (dm, ) (Entered: 05/05/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Settlement discussion held and continued to 6/28/21 at 11:00 a.m. by telephone. In both cases, Plaintiff's settlement letter is due by 6/11/21 (Gomez and State of Illinois) and Defendant CSL is due by 6/23/21. The parties are engaging in serious settlement negotiations with the Court and as a result, with the agreement of the parties, the Court orders discovery stayed in both cases until the conclusion of settlement discussions. In the Gomez case, status hearing set for 5/19/21 and status report due 5/13/21 34 are stricken. In the State of Illinois case, status hearing set for 6/22/21 and status report due 6/17/21 24 are stricken. The call-in number is (888) 684-8852 and the access code is 7354516. Parties are reminded that Magistrate Judge Harjani requires compliance with his Standing Order for Settlement Conference, which is available on the court's website at www.ilnd.uscourts.gov. Mailed notice(lxs, ) Modified on 5/10/2021 (lxs, ). (Entered: 05/10/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion held and continued to 8/6/21 at 10:00 a.m. by telephone. The parties have more work to do before they are ready for a virtual conference, and the Court has put in place a structure to continue discussions. Plaintiff shall submit its proposal as discussed by 7/23/21 (in light of the IT issues at the State) and Defendant shall respond by 8/6/21. The Court shall be copied on these proposals, and will regroup with the parties at the next call. Mailed notice (lxs, ) (Entered: 06/29/2021)

MOTION by Defendant CSL Plasma, Inc. for extension of time To Extend Briefing Schedule (Berg, Eric) (Entered: 07/06/2021)

MEMORANDUM by Mark Gomez in Opposition to extension of time 47 (Mollica, Paul) (Entered: 07/06/2021)

MINUTE entry before the Honorable Mary M. Rowland: Defendant's request for more time 47 is granted. In light of the Court's schedule, there Is no prejudice to granting this 4 week extension, particularly to allow for settlement preparation. However, in light of the matters raised in plaintiff's opposition, the court will not extend this date again. Response due 8/23/21; reply due 9/27/21. Mailed notice. (dm, ) (Entered: 07/07/2021)

Statement of Interest STATEMENT by United States of America (Johnson, Patrick) (Entered: 07/14/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion set for 8/6/2021 is stricken and reset to 8/11/2021 at 10:00 a.m. The call-in number is (888) 684-8852 and the access code is 7354516. Mailed notice (lxs, ) (Entered: 08/04/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussion set for 8/11/2021 is amended to begin at 2 p.m. The call-in number is (888) 684-8852 and the access code is 7354516. (Time Change Only) Mailed notice (lxs, ) (Entered: 08/09/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Settlement discussion held by telephone. The Court has asked a number of questions to the parties. In the Gomez case, a response shall be given during a settlement call set for 8/16/21 at 2:00 p.m. by telephone. In the State of Illinois case, a response shall be given during a settlement call set for 8/19/21 at 2:00 p.m. by telephone. The call-in number is (888) 684-8852 and the access code is 7354516. Mailed notice (lxs, ) (Entered: 08/11/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Settlement discussion held by telephone. The Court will hold a virtual settlement conference in this case. The parties shall jointly email the Courtroom Deputy three potential dates that work for both sides by 8/17/21. The Court will select one of those dates and follow-up with details. Mailed notice (lxs, ) (Entered: 08/16/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Settlement Conference set for 9/14/2021 at 9:30 a.m. via videoconference. Details to follow. Mailed notice (lxs, ) (Entered: 08/18/2021)

STIPULATION Joint Stipulation To Continue Defendant's Response Date (Berg, Eric) (Entered: 08/19/2021)

MINUTE entry before the Honorable Mary M. Rowland: Joint stipulation to continue defendant's response date 56 is granted. CSL's response is due 9/20/21; Plaintiff's reply due 10/25/21. Mailed notice. (dm, ) (Entered: 08/20/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Settlement Conference set for 9/14/2021 is amended to begin at 8:45 a.m. via videoconference. Mailed notice (lxs, ) (Entered: 09/07/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Virtual settlement conference held. The parties reached a settlement agreement, subject to completing a final settlement agreement. Plaintiff shall provide the first draft of the agreement by 9/15/21; Defendant shall respond with any edits by 9/22/21; and a signed and final agreement shall be completed by 10/1/21. The parties shall strive to keep the agreement simple and straightforward. Stipulation to dismiss is due to the district judge by 10/7/21. Status hearing set for 10/12/21 at 9:15 a.m. but will be stricken if the stipulation to dismiss has been filed. Mailed notice (lxs, ) (Entered: 09/14/2021)

MINUTE entry before the Honorable Mary M. Rowland: In light of Judge Harjani's order, Plaintiff's motion for partial summary judgment is denied as moot. As directed by Judge Harjani stipulation to dismiss is due 10/7/21. Mailed notice. (dm, ) (Entered: 09/15/2021)

MINUTE entry before the Honorable Sunil R. Harjani: The parties failed to file the stipulation to dismiss by 10/7/21. For that reason, the status hearing set for 10/12/2021 is stricken and reset to 10/19/21/2021 at 9:15 a.m. by telephone. The parties are ordered to file their stipulation to dismiss to the district judge by 10/15/2021. Mailed notice (lxs, ) (Entered: 10/08/2021)

MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held by telephone. Counsel reported on the status of the stipulation to dismiss. The Court held settlement discussions with the parties jointly and separately. The parties needed the Court's assistance in resolving a final term of the settlement. For the reasons discussed on the record, stipulation to dismiss is due to the district judge by 10/29/2021. The stipulation will dismiss the case without prejudice that will automatically convert to with prejudice at a date specific. Status hearing is set for 11/4/2021 at 9:15 a.m. but will be stricken if the stipulation to dismiss has been filed. Mailed notice (lxs, ) (Entered: 10/19/2021)

STIPULATION of Dismissal (Mollica, Paul) (Entered: 10/29/2021)

MINUTE entry before the Honorable Sunil R. Harjani: In light of the Stipulation of Dismissal 63, status hearing previously set for 11/4/2021 is stricken. All matters relating to the referral have been conducted, the referral is closed. Mailed notice (lxs, ) (Entered: 11/02/2021)

MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the stipulation of dismissal, this case is dismissed, without prejudice until December 15, 2021, then to be with prejudice (unless a party moves to reopen on or before that date) and with each party to bear its own fees and costs pursuant to a settlement agreement for which this Court retains jurisdiction to enforce. Civil case terminated. Mailed notice. (dm, ) (Entered: 11/03/2021)

TRANSCRIPT OF PROCEEDINGS held on 10/19/21 before the Honorable Sunil R. Harjani. Order Number: 41902. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/21/2022. Redacted Transcript Deadline set for 5/2/2022. Release of Transcript Restriction set for 6/29/2022. (Mullen, Patrick) (Entered: 03/31/2022)