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- ilnd;;1:07-cv-01982_de169 RegisterActionDate "2008-04-28" @default.
- ilnd;;1:07-cv-01982_de169 RegisterActionDescriptionText "MINUTE entry before Judge Honorable Elaine E. Bucklo:Plaintiffs' motion to file a second amended complaint "containing amendments to conform the operative complaint to the evidence being obtained in discovery" is denied. First, plaintiffs agreed in a proposed scheduling order, entered by this court on August 8, 2007, that any amendments to the pleadings would be made by October 31, 2007. Second, the proposed amended complaint, while narrowing the allegations to African Americans, which in the absence of a certified class, would be acceptable, also broadens the allegations to include alleged discrimination in "broker compensation." But the allegations of such are too conclusory to survive a motion to dismiss. Furthermore, at oral argument, plaintiffs' counsel stated that he did not actually have any evidence to support the claim. His hope of obtaining such evidence will not support a late amended complaint. Plaintiffs' motion seeking an order that case no. 08-2216 be assigned to this court is also denied. That case alleges a nationwide class (as opposed to one limited to Illinois plaintiffs as in this case) and includes alleged broker compensation discrimination claims that are not at issue in this case. Finally, defendants' motion to stay this action pending resolution of the motion to transfer in 08-2216 is denied. Discovery in this case is about to end (unless defendants cause it to be extended by delays in producing requested discovery). Plaintiffs are entitled to have this case adjudicated without regard to a case that is newly filed and contains claims that will not be at issue here. Plaintiffs must, however, file their motion for class certification in this case, with supporting memoranda, by June 1, 2008.Motion for protective order 164 is granted. Draft order with amendments discussed in court to be submitted for entry. Status hearing reset for 7/2/2008 at 09:30 AM. Mailed notice (mpj, ) (Entered: 04/28/2008)" @default.
- ilnd;;1:07-cv-01982_de169 AdministrativeID "170" @default.
- ilnd;;1:07-cv-01982_de169 hasReferenceToOtherEntry ilnd;;1:07-cv-01982_de163 @default.