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- ilnd;;1:16-cv-02513_de102 RegisterActionDate "2017-07-18" @default.
- ilnd;;1:16-cv-02513_de102 RegisterActionDescriptionText "MINUTE entry before the Honorable Harry D. Leinenweber:Status hearing held on 7/18/2017. Plaintiff's Motion for extension of time to 8/4/2017 in which to respond to crossclaims 93 is granted. 5CAAC8E Motion to compel 95 is granted in part and denied in part. Status hearing set for 8/17/2017 at 09:00 AM. Defendant Henrys oral motion to reconsider the Courts ruling granting in part his motions to dismiss [ECF No. 89] based on Fulton Dental v. Bisco (7th Cir. 2017) is denied. The Court did not rely on the Fulton Dental district court's approach to mooting claims in the face of a pre-class certification Rule 67 motion to deposit funds, because none of Henrys actions or statements even implicated Rule 67. See, e.g., ECF No. 89 at 32 (Fortunately, however, the Court need not choose between the two approaches here, because Henrys statements in his Rule 12 briefs do not clearly constitute a Rule 67 motion that could, on Fulton Dentals rationale, moot Customs individual TCPA claim.); id. at 33 (Henrys statements in his Rule 12(b)(1) and 12(b)(6) briefs evince a desire to furnish a Rule 68 offer of judgment in the future while simultaneously denying any legal culpability with respect to Customs allegations.); id. at 34 (5CAAC8E has not given the Court occasion to apply either of the Rule 67 mootness approaches described in Fulton Dental and Wendell, because he has not requested entry of an adverse judgment either as to monetary or injunctive relief.). In any event, the approach discredited by the Seventh Circuit in Fulton Dental was the one that would have been favorable to 5CAAC8E attempts to moot Plaintiff's TCPA claim. The Seventh Circuits reversal of the district court in Fulton Dental therefore has no bearing on the validity of this Courts ruling. Mailed notice (wp, ) (Entered: 07/19/2017)" @default.
- ilnd;;1:16-cv-02513_de102 AdministrativeID "98" @default.
- ilnd;;1:16-cv-02513_de102 hasReferenceToOtherEntry ilnd;;1:16-cv-02513_de97 @default.
- ilnd;;1:16-cv-02513_de102 hasReferenceToOtherEntry ilnd;;1:16-cv-02513_de99 @default.