2024-cv-00772

COMPLAINT filed by Stacey Lawrence; Jury Demand. Filing fee $ 405, receipt number AILNDC-21580068.

Exhibit A

Exhibit B

ATTORNEY Appearance for Plaintiff Stacey Lawrence by Alexander James Taylor

ATTORNEY Appearance for Plaintiff Stacey Lawrence by Nathan Charles Volheim

CIVIL Cover Sheet

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 2).

CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached Consent To form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order.

SUMMONS Issued as to Defendant Trilogy, Inc.

ORDER. An initial status report is due on or before 4/1/2024. Counsel and parties are directed to familiarize themselves with the pretrial procedures in Judge Gottschall's case management packet, which is available from the court's website at http://www.ilnd.uscourts.gov. Please pay particular attention to the requirement to exchange initial disclosures within 14 days of the parties' initial discovery planning conference and the court's requirement that the parties are to explore settlement opportunities and identify areas of agreement prior to the filing of the first status report. See Fed. R. Civ. P. 26(a)(1)(C) and 26(f)(2). If, by the due date of the scheduled status report, defendants have not been served, plaintiff should send an email to the chambers email account, chambers_gottschall@ilnd.uscourts.gov, to reset the status date. Counsel in cases removed from another court should follow these procedures to the extent applicable. See the order and Judge Gottschall's case management packet for further details. Signed by the Honorable Joan B. Gottschall on 2/2/2024. Mailed notice

SUMMONS Returned Executed by Stacey Lawrence as to Trilogy, Inc. on 2/5/2024, answer due 2/26/2024.

MOTION by Defendant Trilogy, Inc. for extension of time TO ANSWER OR OTHERWISE PLEAD

ATTORNEY Appearance for Defendant Trilogy, Inc. by Tara Anne Ryniec

MINUTE entry before the Honorable Joan B. Gottschall: Defendant is advised that no further action may be taken until all notifications as to affiliates required by Local Rule 3.2 have been filed. All notifications as to affiliates required by Local Rule 3.2 must be filed on or before March 6, 2024. Mailed notice

MEMORANDUM by Trilogy, Inc. Local Rule 3.2 Jurisdictional

MOTION by Defendant Trilogy, Inc. for extension of time

MINUTE entry before the Honorable Joan B. Gottschall: Defendants notice of affiliates [10] states that defendant is an Illinois corporation with its principal place of business in Chicago and that defendant "is not a publicly owned corporation and no publicly held corporation owns 10% or more of its shares." Local Rule 3.2(a) defines "affiliate" as "any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party." L.R. 3.2(a). The court cannot act on defendant's motions to extend its answer deadline until a notice of affiliates complying with Local Rule 3.2 has been filed, and the case has been screened for potential conflicts. Defendant has until and including 3/25/2024 to amend its notice of affiliates and disclose all affiliates required by Local Rule 3.2(a), regardless of whether the ownership interest is publicly or privately held. The amended notice of affiliates should not be filed as a memorandum. It should be docketed using the "Notice of Affiliates Pursuant to Local Rule 3.2" event in CM/ECF. If counsel requires assistance in docketing the amended notice, please contact the CM/ECF help desk at (312) 582-8727. The attention of counsel is also called to Part V of Judge Gottschall's civil procedures, specifically the following requirement: "A party filing a routine motion (such as a motion for an extension of time) should attempt to secure the opposing party's agreement to the motion. Unopposed motions should indicate the lack of opposition in the motion's title, such as 'Plaintiff's Unopposed Motion for an Extension of Time.'" The judge's civil procedures can be downloaded from Judge Gottschall's page on the court's official website at https://www.ilnd.uscourts.gov/. Mailed notice

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Trilogy, Inc. Amended

MINUTE entry before the Honorable Joan B. Gottschall: Defendant's amended notice [13] of affiliates states that defendant does not have any "publicly held affiliates." On or before 4/1/2024, defendant must again amend its notice of affiliates and state clearly whether defendant has any privately held affiliates that meet the definition found in Local Rule 3.2(a). Mailed notice

STATUS Report Joint Initial Status Report by Stacey Lawrence

NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Trilogy, Inc. 2nd AMENDED NOTICE OF AFFILIATES PURSUANT TO LOCAL RULE 3.2

MINUTE entry before the Honorable Joan B. Gottschall: By agreement of the parties reflected in their joint initial status report [15], defendant's motions (doc. nos. [7], [11]) to extend its deadline to answer the complaint are granted. Defendant shall answer or otherwise respond to the complaint on or before 4/9/2024. Mailed notice

MINUTE entry before the Honorable Joan B. Gottschall: The parties having consented in their joint initial status report [15] to proceed before the magistrate judge, this case is reassigned to Judge Gilbert pursuant to Local Rule 73.1. Mailed notice

MINUTE entry before the Executive Committee: CONSENT REASSIGNMENT of case to the Honorable Jeffrey T. Gilbert, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Mailed notice

Defendant Triology, Inc.'s ANSWER to Complaint by Trilogy, Inc.

MINUTE entry before the Honorable Jeffrey T. Gilbert: This case has been reassigned to Magistrate Judge Gilbert. As an initial matter, although the parties stated in their joint status report [15] that they "consent to the reassignment of the case to the designated magistrate judge," the Court directs the parties to file the separate Consent to Exercise of Jurisdiction by a United States Magistrate Judge form via the CM/ECF system to confirm that they have consented to proceed before the assigned magistrate judge for all purposes in accordance with 28 U.S.C. 636(c). That form is available on Judge Gilbert's web page at www.ilnd.uscourts.gov. Per the parties' Joint Status Report [15], the Court sets the following case management schedule: The deadline to join parties and amend pleadings is 7/8/24. Rule 26(a)(1) initial disclosures due 5/6/24. Written discovery shall be issued by 6/6/24. Fact discovery shall be completed by 1/31/25. Dispositive motions shall be filed by 2/29/25. The parties shall file an updated joint status report by 7/8/24. Mailed notice

Defendant's ANSWER to Complaint with Jury Demand by Trilogy, Inc.

MOTION by Defendant Trilogy, Inc. for disclosure Initial Disclosures to Plaintiff

MINUTE entry before the Honorable Jeffrey T. Gilbert: Defendant's Rule 26(a) Disclosures [23] are stricken from the docket as these disclosures are not filed on the docket. The Clerk's Office is directed to remove document [23] from the docket. Mailed notice.

CERTIFICATE of Service by Tara Anne Ryniec on behalf of Trilogy, Inc.

RESPONSE by Defendant Trilogy, Inc. Responses and Stated Objections to Plaintiff's First Request for Admissions

CERTIFICATE of Service by Tara Anne Ryniec on behalf of All Defendants

STATUS Report Status Report by Stacey Lawrence

MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Joint Status Report [28]. The parties did not file the separate Magistrate Judge consent form per the Court's last order [21] and they shall do so promptly. Order [21] (". although the parties stated in their joint status report [15] that they "consent to the reassignment of the case to the designated magistrate judge," the Court directs the parties to file the separate Consent to Exercise of Jurisdiction by a United States Magistrate Judge form via the CM/ECF system to confirm that they have consented to proceed before the assigned magistrate judge for all purposes in accordance with 28 U.S.C. 636(c).") That form is available on Judge Gilbert's web page at www.ilnd.uscourts.gov. The parties shall file an updated joint status report by 8/15/24. That report should summarize the status of written discovery and identify fact witnesses that either side intends to depose, based on current information, before the close of fact discovery. Mailed notice

Consent to Exercise of Jurisdiction by Stacey Lawrence

STATUS Report Joint Status Report by Stacey Lawrence

CERTIFICATE of Service by Tara Anne Ryniec on behalf of Trilogy, Inc.

MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court has reviewed the parties' Joint Status Report [31]. Defendant shall file a short notice by 8/28/24 stating whether it issued written discovery as represented in the JSR ("Defendant has not yet issued written discovery but anticipates doing so by August 26, 2024") [31]. That notice also should state whether Defendant made its initial Rule 26(a)(1) disclosures because the JSR is silent on that matter. Plaintiff filed a Consent to Exercise of Jurisdiction by a United States Magistrate Judge [30] per the Court's last order [29]. Defendant did not do so. A status hearing is set for 9/11/24 at 10:15 a.m. in-person in Courtroom 1386. The parties should be prepared at that time to discuss their progress with written discovery and the status of their settlement discussions. If Defendant has not yet filed an executed form Consent to Exercise of Jurisdiction by a United States Magistrate Judge by that date, it should be prepared to discuss why it has not done so. Mailed notice

JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge

NOTICE by Trilogy, Inc.

MINUTE entry before the Honorable Jeffrey T. Gilbert: The status hearing set for 9/11/24 at 10:15 a.m. is converted from in-person to telephone. The call-in number is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 9/11/24. A continued status hearing is set for 10/16/24 at 10:00 a.m. in Courtroom 1386. At the next hearing, the parties will confirm a date for Plaintiff's deposition and for any other depositions either party wants to take to assist in evaluating the possibility of an early settlement in this case. If settlement is a realistic possibility, the Court will set dates for the parties to exchange settlement letters. Mailed notice

MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 10/16/24. The parties shall file a joint status report by 10/23/24 with a confirmed date for Plaintiff's deposition. The Court will set a continued status hearing for a week after the deposition. Mailed notice

CERTIFICATE of Service by Tara Anne Ryniec on behalf of Trilogy, Inc.

MINUTE entry before the Honorable Jeffrey T. Gilbert: Counsel notified the Court that the parties have agreed to take Plaintiff, Stacey Lawrence's deposition on 11/5/24 at 1:00 p.m. A continued status hearing is set for 11/12/24 at 10:30 a.m. Mailed notice

MINUTE entry before the Honorable Jeffrey T. Gilbert: The status hearing set for 11/12/24 at 10:30 a.m. is stricken and reset to 11/12/2024 at 10:30 a.m. as a telephone status hearing. The Webex dial in is 650-479-3207 and the access code is 180 946 2499#. Mailed notice.

MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephonic status hearing held on 11/12/24 and continued to 12/12/24 at 9:45 a.m. The parties report that Plaintiff was deposed on 11/5/24 and that Defendant intends to request supplemental information as a follow up to Plaintiff's deposition. Defendant's counsel will send a letter to Plaintiff's counsel by close of business today, 11/12/24, identifying the supplemental information Defendant is seeking. At the next status hearing, the Court will want to know whether any additional discovery has been taken or is scheduled, and whether settlement is a realistic possibility. If settlement is realistic, then the parties should be prepared to report next steps in that regard. The call-in number for the continued telephone status hearing is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice. (jcc,)

MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 12/12/24 and continued to 1/7/25 at 9:30 a.m. The parties shall file a joint updated status report by 12/30/24 with confirmed dates for non-medical fact witness depositions that either side intends to take before the close of fact discovery, the status of subpoenas to medical treaters, and when the parties believe medical records will be produced. The call-in number for the continued telephone status hearing is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates), any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Honorable Virginia M. Kendall on 12/27/2024: Mailed notice.

STATUS Report Joint by Stacey Lawrence

MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Joint Status Report [44]. The telephone status hearing set for 1/7/25 at 9:30 a.m. will proceed as scheduled. Mailed notice

MINUTE entry before the Honorable Jeffrey T. Gilbert: Status hearing held on 1/7/25. Plaintiff still owes a supplemental production of documents to Defendant as described in the parties' Joint Status Report [44]. The Court orders Plaintiff to produce the documents that are ready for production as of now by 1/8/25 at 5:00 pm. Plaintiff's counsel represents he is still waiting for additional documentation. The Court orders Plaintiff's counsel to produce that documentation within 24 hours after receipt from his client and no later than 1/14/25. The parties shall file a joint status report by 1/22/25 that includes the following information: (1) The status of written discovery, including what still needs to be done, and a timeline for going forward; (2) Whether the parties have taken any of the depositions listed in their last status report [44], and if not, confirmed or proposed dates for those depositions; (3) The status of the parties' settlement discussions, including whether Defendant made a written offer, and if not, when Defendant anticipates being able to do so; and (4) The parties should address the current case management schedule [21] and any modifications they believe need to be made to it. If the parties differ in their responses to any of these topics, then the status report should so state. A continued status hearing is set for 1/28/25 at 11:00 a.m. in-person in Courtroom 1386. Mailed notice

STATUS Report Joint by Stacey Lawrence

MINUTE entry before the Honorable Jeffrey T. Gilbert: The status hearing set for 1/28/25 at 11:00 a.m. will proceed by telephone in light of the parties' latest Joint Status Report [48]. The call-in number for the hearing is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

MINUTE entry before the Honorable Jeffrey T. Gilbert: Telephone status hearing held on 1/28/25. The parties requested a settlement conference in their last Joint Status Report [48]. The Court will recruit another judge to do a settlement conference because Magistrate Judge Gilbert is the trial judge in this case. At the parties' agreement, the Court sets the following dates for the exchange of settlement letters: Plaintiff's settlement letter shall be delivered to Defendant by 2/5/25. Defendant's settlement letter shall be delivered to Plaintiff by 2/19/25. Settlement letters are not to be filed on the CM-ECF system. The parties' settlement letters will be exchanged between the parties themselves but not copied to Judge Gilbert. The parties will deliver their settlement letters to the judge that will conduct their settlement conference. At the parties' joint request, the Court strikes the existing fact discovery close date and dispositive motion filing date set on 4/15/24 [21] pending the settlement conference. Within 7 days of the conclusion of the settlement conference, if the case is not yet resolved, the parties shall file a joint status report identifying all fact discovery that remains to be done, whether written or oral, proposed or confirmed dates for all remaining fact witness depositions, a new fact discovery close date, and a proposed schedule for Rule 26(a)(2) disclosures if either party intends to disclose experts. Mailed notice

MINUTE entry before the Honorable Daniel P. McLaughlin: Judge McLaughlin has agreed to conduct a settlement conference in this case for Judge Gilbert because he will be the trial judge. A telephonic status hearing is set for 2/12/25 at 10:30 a.m. Judge Gilbert's order scheduling the exchange of settlement letters stands (Plaintiff's letter by 2/5/25 and Defendant's letter by 2/19/25) [50]. The parties are directed to submit those letters to Judge McLaughlin's settlement inbox. Settlement_Correspondence_McLaughlin@ilnd.uscourts.gov. The parties are required to review Judge McLaughlin's standing order for settlement conferences before the 2/12/25 status hearing, and they should come to that hearing prepared to schedule the conference (with dates when the principals are available to attend). The status hearing will be on the Webex platform. It will be audio-only and the parties will not be asked to start their video. The Webex link will be sent directly to participating counsel and counsel will receive an e-mail prior to the start of the hearing with instructions to join the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice

MINUTE entry before the Honorable Daniel P. McLaughlin: Telephonic status hearing held. Remote settlement conference is set for 3/5/25 at 12:30 p.m. The Webex link will be sent at a later date. The parties indicated at the hearing that they do not object to the Court conducting ex parte telephone calls with the parties in advance of the settlement conference. The ex parte call with Plaintiff is set for 3/3/25 at 2:00 p.m. and the ex parte call with Defendant is set for 3/3/25 at 2:30 p.m. Defense counsel is directed to include a phone number for the ex parte call in the last paragraph of their settlement statement. Plaintiff is directed to email the Courtroom Deputy (Melanie_Foster@ilnd.uscourts.gov) with a phone number for the ex parte call by 2/28/25. The fact that the settlement conference has been scheduled does not mean that the parties should stop engaging in settlement discussions amongst themselves. The Court expects that the parties will have multiple discussions about settlement between now and the date of the conference. If the parties reach a settlement prior to the settlement conference, they shall promptly notify the Court. Mailed notice

MINUTE entry before the Honorable Daniel P. McLaughlin: Magistrate Judge McLaughlin received Defendant's settlement statement on 2/19/25. The submission is 17 pages. The Court's standing order includes a 10-page limit for settlement statements. Standing Order at 2. Counsel should submit an amended statement (no more than 10 pages) to the Court's settlement correspondence inbox by 5 p.m. on 2/21/25. All counsel are reminded to familiarize themselves with the Court's standing order for settlement conferences. Mailed notice

MINUTE entry before the Honorable Daniel P. McLaughlin: Based on prior agreement of the parties, the Court held ex parte settlement calls with Plaintiff's counsel and Defendant's counsel on 3/3/25. On 2/25/25 Plaintiff issued a revised demand after reviewing Defendant's settlement statement. The Court directs Defendant to respond to that demand by the end of the day on 3/4/25 so that Plaintiff can consider the counter-offer in advance of the 3/5/25 settlement conference. Mailed notice

MINUTE entry before the Honorable Daniel P. McLaughlin: Remote settlement conference held on 3/5/25. A settlement has been reached. The parties are directed to return the signed term sheet (which the Court sent to counsel following the conclusion of today's conference) to Judge McLaughlin's settlement correspondence inbox by 3/12/25. The parties are to file dismissal documents with Judge Gilbert. If that dismissal has not been filed by 4/7/25, the parties are directed to file a joint status report on that date. That report should update the Court on the status of finalizing the settlement. Mailed notice

MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of Judge McLaughlin's order [55], a status hearing before Judge Gilbert is set for 4/16/25 at 9:30 a.m. by telephone. If a stipulation to dismiss has been filed by that date, the status hearing will be stricken with no appearance required. Judge Gilbert thanks Judge McLaughlin for conducting the successful settlement conference. The call-in number for the continued telephone status hearing is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

STATUS Report Joint by Stacey Lawrence

MINUTE entry before the Honorable Jeffrey T. Gilbert: The Court reviewed the parties' Joint Status Report [57]. The status hearing set for 4/16/25 is stricken in light of the parties' Joint Status Report [57]. A status hearing is set for 6/12/25 at 9:45 a.m. by telephone. If a stipulation to dismiss is filed before that date, the status hearing will be stricken. The call-in number for the continued telephone status hearing is 650-479-3207 and the access code is 180 946 2499#. Press # to bypass the Attendee ID number and security code. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice

ATTORNEY Appearance for Plaintiff Stacey Lawrence by Mally Louise Slone

STIPULATION of Dismissal With Prejudice

MINUTE entry before the Honorable Jeffrey T. Gilbert: In light of the parties' Stipulation to Dismiss with Prejudice [60], this action is dismissed with prejudice. Each party shall bear its own attorney's fees and costs. The status hearing set for 6/12/25 at 9:45 a.m. is stricken with no appearance required. Civil case terminated. Mailed notice