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- ilnd;;1:20-cv-07444_de22 RegisterActionDate "2021-02-18" @default.
- ilnd;;1:20-cv-07444_de22 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: On review of the filings, the defense motion 7 to compel arbitration on Counts 2 and 3 (for unpaid wages and commissions) is granted as uncontested. Counts 2 and 3 are stayed for now. On Count 1, the Plaintiff's affidavit, R. 16-1, plainly sets forth a ripe Article III case and controversy given the dispute over whether the new employment violates the rather broad terms of the non-compete. It matters not that the facts supporting ripeness were presented in the affidavit; indeed, plaintiffs are required to present evidence outside the pleadings and go beyond mere allegations to prove Article III standing, so there is nothing unusual about this. So the motion 7 to dismiss Count 1 is denied. Given the burden on the Plaintiff's livelihood, and the limited nature of the necessary factual development, the motion 17 to expedite discovery is granted, although the specific schedule must be set. First, the Defendant shall answer Count 1 by 03/05/2021. Second, by 03/03/2021, each side may serve (a) five document requests; (b) five interrogatories; and (c) two notices of deposition. The document responses and interrogatory responses are due by 03/17/2021. The Plaintiff is free to serve the 30(b)(6) notice before 03/03/2021 in order to facilitate identification of the representative, and the parties shall start scheduling the dates of the depositions as soon as practicable to avoid scheduling conflicts. The depositions shall take place by 03/31/2021. The parties shall file a joint status report on 04/02/2021, setting forth any areas of agreement on arriving at the judgment, whether by cross summary-judgment motions or a trial schedule. In the meantime, the parties must immediately engage in settlement negotiations to avoid the delay, expense, resource-drain, and risk of litigation (it might help to consider Counts 2 and 3 in the settlement negotiations, even though not formally part of this litigation). The tracking status hearing of 02/19/2021 and 04/05/2021 are vacated and the Court sets a telephonic status hearing for 04/06/2021 at 10:00 a.m. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (877) 336-1831 and the access code is 1736479. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. 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. Emailed notice (mw, ) (Entered: 02/18/2021)" @default.
- ilnd;;1:20-cv-07444_de22 AdministrativeID "22" @default.
- ilnd;;1:20-cv-07444_de22 hasReferenceToOtherEntry ilnd;;1:20-cv-07444_de17 @default.
- ilnd;;1:20-cv-07444_de22 hasReferenceToOtherEntry ilnd;;1:20-cv-07444_de7 @default.