Case: Ress v. Diveheart Foundation

COMPLAINT filed by Craig Ress, Carl Cogdill; Jury Demand. Filing fee $ 400, receipt number 0752-16182209.(Weisberg, Rachel) (Entered: 08/28/2019)

CIVIL Cover Sheet (Weisberg, Rachel) (Entered: 08/28/2019)

ATTORNEY Appearance for Plaintiffs Carl Cogdill, Craig Ress by Rachel M. Weisberg (Weisberg, Rachel) (Entered: 08/28/2019)

ATTORNEY Appearance for Plaintiffs Carl Cogdill, Craig Ress by Barry Charlton Taylor (Taylor, Barry) (Entered: 08/28/2019)

CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (td, )

SUMMONS Issued as to Defendant The Diveheart Foundation. (lw, )

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Initial status hearing set for 11/12/19 at 9:00 a.m. Notice mailed by judge's staff (ntf, ) (Entered: 09/03/2019)

ATTORNEY Appearance for Defendant The Diveheart Foundation by Derek Grady Barella (Barella, Derek) (Entered: 09/03/2019)

ATTORNEY Appearance for Defendant The Diveheart Foundation by Rebecca Bronwyn Canary-king (Canary-king, Rebecca) (Entered: 09/03/2019)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16200721. (Handley, Matthew) (Entered: 09/04/2019)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiffs' motion for leave to appear pro hac vice 8 is granted. Attorney Matthew K. Handley is given leave to file an appearance form on behalf of Plaintiffs. Notice mailed by judge's staff (ntf, ) (Entered: 09/05/2019)

ATTORNEY Appearance for Plaintiffs Carl Cogdill, Craig Ress by Matthew K Handley (Handley, Matthew) (Entered: 09/06/2019)

WAIVER OF SERVICE returned executed by Craig Ress, Carl Cogdill. The Diveheart Foundation waiver sent on 8/30/2019, answer due 10/29/2019. (Weisberg, Rachel) (Entered: 09/06/2019)

MOTION by Plaintiffs Carl Cogdill, Craig Ress to reset Initial Status Hearing (Unopposed) (Weisberg, Rachel) (Entered: 09/19/2019)

NOTICE of Motion by Rachel M. Weisberg for presentment of motion to reset 12 before Honorable Rebecca R. Pallmeyer on 9/24/2019 at 08:45 AM. (Weisberg, Rachel) (Entered: 09/19/2019)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion to postpone initial status hearing 12 is granted as follows: Status hearing set for 11/12/19 is stricken and re-set to 11/21/19 at 9:00 a.m. Motion hearing date of 9/24/19 is stricken. The parties are directed to appear through lead counsel for a pretrial conference pursuant to FED.R.CIV.P. 16 on 11/21/19 at 9:00 a.m. 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, https://www.ilnd.uscourts.gov/_assets/_documents/_forms/_judges/pallmeyer/Report% 20of%20Planning%20Mtg.pdf. Such report shall be submitted to Judge Pallmeyer in chambers no later than two business days prior to the conference. Notice mailed by judge's staff (ntf, ) (Entered: 09/20/2019)

ANSWER to Complaint by The Diveheart Foundation(Canary-king, Rebecca) (Entered: 10/29/2019)

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by The Diveheart Foundation (Canary-king, Rebecca) (Entered: 10/29/2019)

First AMENDED complaint by Craig Ress, Carl Cogdill against The Diveheart Foundation (Weisberg, Rachel) (Entered: 11/15/2019)

REPORT of Rule 26(f) Planning Meeting by Carl Cogdill, Craig Ress (Weisberg, Rachel) (Entered: 11/18/2019)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held and continued to 2/5/20 at 9:00 a.m. Discovery hearing held. The Court adopts the parties' proposed discovery dates as follows: Parties' Rule 26(a)(1) disclosures shall be served by 12/13/19. All fact discovery shall be noticed in time to be completed by 5/21/20. Parties' Rule 26 (a)(2) disclosures and report shall be served by 7/22/20. All expert discovery shall be completed by 8/24/20. Parties shall join parties and amend pleadings by 1/10/20. Dispositive motions shall be filed by 9/25/20. Parties are encouraged to discuss settlement. Notice mailed by judge's staff (ntf, ) (Entered: 11/21/2019)

ANSWER to amended complaint by The Diveheart Foundation(Canary-king, Rebecca) (Entered: 11/27/2019)

Amended Answer, Affirmative and Additional Defenses, and COUNTERCLAIM filed by The Diveheart Foundation against Craig Ress . (Attachments: # 1 Exhibit Facebook Publication, # 2 Exhibit Instagram Publication, # 3 Exhibit Press Release Publication)(Barella, Derek) (Entered: 01/10/2020)

MOTION by Plaintiff Craig Ress, Counter Defendant Craig Ress for extension of time to respond to Defendant's counterclaim (Unopposed) (Weisberg, Rachel) (Entered: 01/22/2020)

NOTICE of Motion by Rachel M. Weisberg for presentment of extension of time 22 before Honorable Rebecca R. Pallmeyer on 1/28/2020 at 08:45 AM. (Weisberg, Rachel) (Entered: 01/22/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff Ress's unopposed motion for an extension of time to respond to Defendant's counterclaim 22 is granted to and including 2/14/2020. Motion hearing date of 1/28/2020 is stricken. Status hearing set for 2/5/2020 is stricken and re-set to 2/20/2020 at 9:00 a.m. Notice mailed by judge's staff (ntf, ) (Entered: 01/23/2020)

MOTION by Attorney Rebecca Canary-King to withdraw as attorney for The Diveheart Foundation. No party information provided (Barella, Derek) (Entered: 02/14/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Craig Ress, Counter Defendant Craig Ress (Weisberg, Rachel) (Entered: 02/14/2020)

Defendant/Counter-Plaintiff The Diveheart Foundation's NOTICE of Motion by Derek Grady Barella for presentment of motion to withdraw as attorney 25 before Honorable Rebecca R. Pallmeyer on 2/20/2020 at 08:45 AM. (Barella, Derek) (Entered: 02/14/2020)

MEMORANDUM by Craig Ress in support of Motion to Dismiss for Failure to State a Claim 26 (Weisberg, Rachel) (Entered: 02/14/2020)

NOTICE of Motion by Rachel M. Weisberg for presentment of Motion to Dismiss for Failure to State a Claim 26 before Honorable Rebecca R. Pallmeyer on 2/20/2020 at 08:45 AM. (Weisberg, Rachel) (Entered: 02/14/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: The time for the status and motion hearing on 2/20/2020 is re-set to 10:00 a.m. Notice mailed by judge's staff (ntf, ) (Entered: 02/19/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held and continued to 4/8/2020 at 9:30 a.m. Motion hearing held. Defendant's motion to withdraw appearance of Rebecca Canary-King 25 is granted. Plaintiff's motion to dismiss Defendant's counterclaim 26 is taken under advisement. Defendant's response shall be filed by 3/16/2020. Plaintiff's reply in support shall be filed by 3/30/2020. Ruling on the motion set for 4/8/2020 at 9:30 a.m. Notice mailed by judge's staff (ntf, ) (Entered: 02/20/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: By agreement, ruling on Plaintiffs' motion to dismiss Defendant's counterclaim 26 set for 4/8/2020 is stricken and re-set to 4/15/2020 at 9:30 a.m. Status hearing set for 4/8/2020 is stricken and re-set to 4/15/2020 at 9:30 a.m. (ntf, ) (Entered: 02/24/2020)

ATTORNEY Appearance for Counter Claimant The Diveheart Foundation, Defendant The Diveheart Foundation by Kyle J Jacob (Jacob, Kyle) (Entered: 03/13/2020)

RESPONSE by The Diveheart Foundationin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Craig Ress, Counter Defendant Craig Ress 26 (Jacob, Kyle) (Entered: 03/16/2020)

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/16/2020)

ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (ecw, ) (Entered: 03/17/2020)

ORDER Seconded 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. (docket4, ) (Entered: 03/31/2020)

REPLY by Craig Ress to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Craig Ress, Counter Defendant Craig Ress 26, response in opposition to motion 34, memorandum in support of motion 28 (Weisberg, Rachel) (Entered: 04/02/2020)

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. (docket6, ) (Entered: 04/27/2020)

ATTORNEY Appearance for Counter Claimant The Diveheart Foundation, Defendant The Diveheart Foundation by Trevor Jorgensen (Jorgensen, Trevor) (Entered: 05/05/2020)

STATUS Report JOINT STATUS REPORT FILED PURSUANT TO THIRD AMENDED GENERAL ORDER 20-0012 by The Diveheart Foundation (Jacob, Kyle) (Entered: 05/18/2020)

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. (docket7, ) (Entered: 05/26/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: The court thanks the parties for their written status report and anticipates that Plaintiff will serve discovery responses by 7/3/2020. As set forth in the parties' report, the court directs that discovery by complete by September 30, 2020; that expert disclosures be made by November 11, 2020; that expert discovery be complete by 12/7/2020; and that dispositive motions, if any, be filed by 1/29/2021. The court acknowledges that Plaintiff's motion to dismiss Defendant's counterclaim is fully-briefed and will prepare a written ruling on that motion. The parties are encouraged to discuss settlement, and are directed to submit a further written status report on or before 7/31/2020. Notice mailed by judge's staff (ntf, ) (Entered: 06/02/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: On the parties' joint request, this case is referred to Magistrate Judge Finnegan for a settlement conference. Discovery is stayed for 45 days. Notice mailed by judge's staff (ntf, ) (Entered: 06/16/2020)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to: a settlement conference. (ntf, ) Notice mailed by judge's staff (Entered: 06/16/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: This matter has been referred to Magistrate Judge Finnegan for settlement conference. Telephone conference is set on 6/19/2020 at 10:00 a.m. Mailed notice (sxw, ) (Entered: 06/17/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: Telephone conference held on 6/19/2020 for discussion of settlement issues. Plaintiff's counsel is to provide a settlement letter to defense counsel by 7/3/2020. Defense counsel is to provide a responsive letter to plaintiff's counsel by 7/17/2020. Each party is to provide its letter to Judge Finnegan (by e-mail to Chambers_Finnegan@ilnd.uscourts.gov) on the same day that the letter is sent to opposing counsel. By 6/22/2020, counsel are to send a joint email confirming a date for a settlement conference. The parties are directed to review and comply with Judge Finnegan's Standing Order for Settlement Conferences (available on the court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge Finnegan and then the link for "Settlement Conferences").Mailed notice (sxw, ) (Entered: 06/19/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: Settlement conference is set on 7/20/2020 at 1:30 p.m. The settlement letter exchange schedule outlined in docket entry 47 to stand.Mailed notice (sxw, ) (Entered: 06/19/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: Minute entry 48 is amended as follows: Settlement conference (held remotely) is set on 7/20/2020 at 1:30 p.m. The settlement letter exchange schedule outlined in docket entry 47 to stand. The Courtroom Deputy will contact the parties prior to the conference to arrange remote protocol.Mailed notice (sxw, ) (Entered: 06/19/2020)

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17129311. (Nadas, Rachel) (Entered: 06/21/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiffs' motion for leave to appear pro hac vice 50 is granted. Attorney Rachel Nadas is given leave to file an appearance form on behalf of Plaintiffs. Notice mailed by judge's staff (ntf, ) (Entered: 06/22/2020)

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. (Clerk6, Docket) (Entered: 07/10/2020)

ATTORNEY Appearance for Plaintiffs Carl Cogdill, Craig Ress by Rachel Nadas (Nadas, Rachel) (Entered: 07/16/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: Settlement conference held on 7/20/2020. Parties made substantial progress but require additional time to gather information and complete settlement discussions. Telephone conference is set for 8/17/2020 at 8:45 a.m. for the parties to report on whether they have finalized agreement on non-monetary terms and discuss next steps. Mailed notice (sxw, ) (Entered: 07/21/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: Minute entry 54 is amended as follows: Settlement conference held by videoconference on 7/20/2020. Parties made substantial progress but require additional time to gather information and complete settlement discussions. Telephone conference is set for 8/17/2020 at 8:45 a.m. for the parties to report on whether they have finalized agreement on non-monetary terms and discuss next steps. Mailed notice (sxw, ) (Entered: 07/21/2020)

MOTION by Plaintiffs Carl Cogdill, Craig Ress to stay regarding terminate deadlines and hearings 44 Motion to Extend Discovery Stay (Handley, Matthew) (Entered: 07/22/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Parties' joint motion for an extension of discovery stay 56 is granted to and including 9/30/2020. Notice mailed by judge's staff (ntf, ) (Entered: 07/22/2020)

STATUS Report Parties' Joint Status Report by The Diveheart Foundation (Jorgensen, Trevor) (Entered: 07/31/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: The telephone conference set on 8/17/2020 is cancelled and reset to 8/24/2020 at 9:15 a.m. at the request of the parties and in light of the update provided to the Court by email on 8/14/2020. Mailed notice (sxw, ) (Entered: 08/17/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: The telephone conference on 8/24/2020 is cancelled and reset to 8/31/2020 at 12:30 p.m. since the parties provided a report on their continued progress toward settlement by email on 8/21/2020. The parties expect to complete their negotiations prior to the 8/31/2020 telephone conference. Mailed notice (sxw, ) (Entered: 08/24/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: The telephone conference on 8/31/2020 is cancelled by agreement since the parties have reported that an agreement has been reached on the key issues and they now expect to finalize other terms and execute the agreement within 14 days. Parties are to provide a written update by 9/15/2020 if a stipulation to dismiss has not been filed by then.Mailed notice (sxw, ) (Entered: 08/31/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: The parties having reported an agreement in principle to settle this case, Defendant's motion to dismiss 26 is deemed withdrawn without prejudice. Notice mailed by judge's staff (ntf, ) (Entered: 09/08/2020)

MINUTE entry before the Honorable Sheila M. Finnegan: By email communication on 9/15/2020, the parties informed the Court that they have executed the settlement agreement and expect to file a stipulation to dismiss within 45 days but likely sooner. All matters relating to the referral having been completed, the referral is closed. Mailed notice (sxw, ) (Entered: 09/16/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Parties are directed to file a joint written status report by 9/30/2020. Notice mailed by judge's staff (ntf, ) (Entered: 09/17/2020)

STIPULATION AND JOINT MOTION FOR ENTRY OF AGREED ORDER OF DISMISSAL AND PROPOSED ORDER OF DISMISSAL (Jacob, Kyle) (Entered: 09/22/2020)

NOTICE of Motion by Kyle J Jacob for presentment of before Honorable Rebecca R. Pallmeyer on 9/28/2020 at 09:00 AM. (Jacob, Kyle) (Entered: 09/22/2020)

MINUTE entry before the Honorable Rebecca R. Pallmeyer: Pursuant to the parties' stipulation and joint motion for entry of agreed order of dismissal, this case is dismissed without prejudice with leave to reinstate on or before 1/7/2022. Any pending dates are stricken. Enter Agreed Order of Dismissal. Civil case terminated. Notice mailed by judge's staff (ntf, ) (Entered: 09/23/2020)

AGREED ORDER of Dismissal. Signed by the Honorable Rebecca R. Pallmeyer on 9/23/2020. Notice mailed by judge's staff (ntf, ) (Entered: 09/23/2020)