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- ilnd;;1:08-cv-04053_de100 RegisterActionDate "2009-12-02" @default.
- ilnd;;1:08-cv-04053_de100 RegisterActionDescriptionText "MINUTE entry before the Honorable Charles R. Norgle, Sr: In light of the Central District of California court's June 23, 2008 Opinion and the choice-of-law provision contained in plaintiff David Zaitzeff's ("Zaitzeff") March 30, 2006 "Associated Person Agreement," the Court orders the parties to submit briefs by December 18, 2009 addressing what law this Court should employ to adjudicate defendants Peregrine Financial Group ("Peregrine") and Joseph Slaga's (collectively "Defendants") motion for summary judgment. More specifically, the parties should address what law the Court should apply to determine whether Zaitzeff is an employee or independent contractor with respect to (1) Zaitzeff's Fair Labor Standard Act claims; and (2) his California Labor Code claims. In addition, Defendants' motion to deem certain of the Defendants' statements of uncontested material facts as admitted 82 is denied. However, the Court strikes Zaitzeff's Local Rule 56.1 statement for failure to comply with the Northern District of Illinois' Local Rules. See Bordelon v. Chi. Sch. Reform Bd. of Trs., 233 F.3d 524, 527 (7th Cir. 2000)("[W]e have consistently and repeatedly upheld a district court's discretion to require strict compliance with its local rules governing summary judgment."). The court requires Zaitzeff to file a revised statement of material facts that complies with Local Rule 56.1(b)(3)(c) by December 23, 2009. See LR 56.1(b)(3)(c) (requiring a respondent to file a "statement, consisting of short numbered paragraphs, of any additional facts that require the denial of summary judgment, including references to the affidavits, parts of the record, and other supporting materials relied upon"). The Court notes that Zaitzeff should include, among other facts, any and all allegations of Peregrine's alleged control over Zaitzeff in the additional facts section of his revised statement. Defendants have until January 6, 2010 to file their reply to Zaitzeff's revised LR 56.1(b)(3)(c) statement. The Court also encourages Defendants to consider making a Fed. R. Civ. P. 68 offer of judgment to Zaitzeff. It Is So Ordered. Mailed notice (gmr, ) (Entered: 12/08/2009)" @default.
- ilnd;;1:08-cv-04053_de100 AdministrativeID "100" @default.
- ilnd;;1:08-cv-04053_de100 OntologyLabel minute_entry @default.
- ilnd;;1:08-cv-04053_de100 hasReferenceToOtherEntry ilnd;;1:08-cv-04053_de84 @default.