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- ilnd;;1:17-cv-05650_de50 RegisterActionDate "2018-07-06" @default.
- ilnd;;1:17-cv-05650_de50 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: The motion 40 of Sun Marsh LLC, Sun Holdings IV LLC, and Sun Marsh CR, LP in the 18-cv-2131 case to reassign is denied. Even if Local Rule 40.4(a) is satisfied in a very general sense, Local Rule 40.4(b) is certainly not. Fact discovery in this case is scheduled to close on 07/20/2018, and indeed the last deposition is scheduled for 07/10/2018, R. 37. The addition of 22 new Defendants will require at least several months of additional discovery. True, whether the entities are trades or businesses under ERISA is the primary legal dispute between the Fund and everyone else (the dispute over the amount of withdrawal liability is an ancillary issue, if ever a $3.7 million dispute can be called ancillary), but that will require a fact-intensive inquiry for each entity. The end of this case is nearing, whereas the other is just starting. So the motion is denied. Having said that, the parties shall consider the following: if the 3 Sun Defendants were added to this case via an amended complaint, how much more discovery would be needed? Would it be limited document production and re-opening of a few depositions for a couple of hours, or would it be much more. In light of how close discovery is to being close in this case, the Court is really asking the Fund (not so much the current Defendants and the Sun Defendants) whether they are willing to add the Sun Defendants to this case. The status hearing of 07/09/2018 remains as scheduled. If defense counsel for the other 18-cv-2131 Defendants has a stake in that proposal, then he may still participate in the status hearing; if not, then he should alert the Fund and defense counsel in this case that his clients are neutral on it. Emailed notice (Chang, Edmond) (Entered: 07/06/2018)" @default.
- ilnd;;1:17-cv-05650_de50 AdministrativeID "49" @default.
- ilnd;;1:17-cv-05650_de50 hasJudgeReference SJ000187 @default.
- ilnd;;1:17-cv-05650_de50 hasReferenceToOtherEntry ilnd;;1:17-cv-05650_de41 @default.