Case number 1:18-cv-01376
Chicago Mercantile Exchange Inc. v. ICE Clear US, Inc. et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Nov 4, 2021 | 464 | terminate motions (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Pursuant to the parties' stipulation and settlement, all claims and counterclaims are dismissed with prejudice and without costs, and plaintiff's pending motion for attorney's fees and its bill of costs are withdrawn. (mk) |
| Nov 4, 2021 | 465 | USCA mandate (1) Docket Text: MANDATE of USCA dated 11/4/2021 regarding notice of cross appeal [445], notice of appeal [437]; USCA No.21-2703 & 21-2791; No record to be returned. (jn, ) |
| Nov 4, 2021 | 466 | USCA order (1) Docket Text: CERTIFIED copy of order dated 11/4/2021 from the 7th Circuit regarding notice of cross appeal [445], notice of appeal [437]; Appellate case no. 21-2703 & 21-2791: Upon consideration of the STIPULATION OF DISMISSAL OF APPEAL, filed on November 3, 2021, by counsel for the parties, IT IS ORDERED that these cases are DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b). (jn, ) |
| Nov 3, 2021 | 463 | notice of voluntary dismissal (2) Docket Text: NOTICE of Voluntary Dismissal by Chicago Mercantile Exchange Inc. and ICE CLEAR US, INC., and ICE CLEAR EUROPE LIMITED (Degler, Alexis) |
| Oct 27, 2021 | 462 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion to extend post-judgment deadlines is granted [461]. The Court will not entertain any further motions to extend any of these deadlines. (mk) |
| Oct 26, 2021 | 461 | motion for miscellaneous relief (3) Docket Text: MOTION by Defendants ICE Clear Europe Limited, ICE Clear US, Inc.- Joint Stipulation And Motion To Extend Post-Judgment Deadlines - (Reinckens, Melissa) |
| Oct 1, 2021 | 447 | transcript (23) Docket Text: TRANSCRIPT OF PROCEEDINGS held on March 9, 2020 before the Honorable Matthew F. Kennelly. Order Number: 38225, 38234. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) |
| Oct 1, 2021 | 448 | transcript (64) Docket Text: TRANSCRIPT OF PROCEEDINGS held on August 31, 2020 before the Honorable Matthew F. Kennelly. Volume 1. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) Modified on 10/8/2021 (mma, ). |
| Oct 1, 2021 | 449 | transcript (126) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 11, 2020 before the Honorable Matthew F. Kennelly. Volume 2. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) |
| Oct 1, 2021 | 450 | transcript (176) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 16, 2020 before the Honorable Matthew F. Kennelly. Volume 3. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) |
| Oct 1, 2021 | 451 | transcript (160) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 17, 2020 before the Honorable Matthew F. Kennelly. Volume 4. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) |
| Oct 1, 2021 | 452 | transcript (165) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 18, 2020 before the Honorable Matthew F. Kennelly. Volume 5. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) |
| Oct 1, 2021 | 453 | transcript (179) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 22, 2020 before the Honorable Matthew F. Kennelly. Volume 6. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) |
| Oct 1, 2021 | 454 | transcript (216) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 25, 2020 before the Honorable Matthew F. Kennelly. Volume 7. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) |
| Oct 1, 2021 | 455 | transcript (6) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 30, 2020 before the Honorable Matthew F. Kennelly. Volume 8. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) |
| Oct 1, 2021 | 456 | transcript (90) Docket Text: TRANSCRIPT OF PROCEEDINGS held on October 1, 2020 before the Honorable Matthew F. Kennelly. Volume 9. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 10/22/2021. Redacted Transcript Deadline set for 11/1/2021. Release of Transcript Restriction set for 12/30/2021. (Cox, Carolyn) |
| Oct 1, 2021 | 457 | terminate motions (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The joint motion to extend deadlines by two weeks [446] is granted. The parties should not expect another extension. It is time for them to conclude an agreement or move ahead with the litigation. (mk) |
| Oct 1, 2021 | 458 | notice of appeal due letter (1) Docket Text: NOTICE of Appeal Due letter sent to counsel of record regarding notice of cross appeal [445] (jn, ) |
| Oct 1, 2021 | 459 | transmitted short record to USCA (30) Docket Text: TRANSMITTED to the 7th Circuit the short record on notice of cross appeal [445]. Notified counsel. (jn, ) |
| Oct 1, 2021 | 460 | USCA acknowledgment of short record (1) Docket Text: ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of cross appeal [445]; USCA Case No. 21-2791. (rc, ) |
| Sep 30, 2021 | 446 | stipulation (3) Docket Text: STIPULATION regarding stipulation[443], terminate motions, [444] - Joint Stipulation And Motion To Extend Post-Judgment Deadlines - (Reinckens, Melissa) |
| Sep 29, 2021 | 445 | notice of cross appeal (4) Docket Text: NOTICE of cross appeal by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. regarding orders [426], [425] ; Filing fee $ 505, receipt number 0752-18720598. (Durham, Gina) |
| Sep 18, 2021 | 444 | terminate motions (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Joint motion to extend deadlines [443 is granted. Automatic stay of judgment is extended to 9/30/2021; deadline for opposition to motion for attorney's fees is extended to 10/13/2021; deadline for opposition to bill of costs is extended to 10/22/2021; deadline for reply on motion for attorney's fees is extended to 10/27/2021; deadline for reply on bill of costs is extended to 11/5/2021. (mk) |
| Sep 17, 2021 | 439 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Response to plaintiff's bill of costs is to be filed by 10/8/2021. Reply to response is to be filed by 10/22/2021. (mk) |
| Sep 17, 2021 | 440 | notice of appeal due letter (1) Docket Text: NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal [437] (jn, ) |
| Sep 17, 2021 | 441 | transmitted short record to USCA (30) Docket Text: TRANSMITTED to the 7th Circuit the short record on notice of appeal [437]. Notified counsel (jn, ) |
| Sep 17, 2021 | 442 | USCA acknowledgment of short record (1) Docket Text: ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal [437]; USCA Case No. 21-2703. (rc, ) |
| Sep 17, 2021 | 443 | stipulation (3) Docket Text: STIPULATION - Joint Stipulation And Motion To Extend Post-Judgment Deadlines - (Reinckens, Melissa) |
| Sep 16, 2021 | 435 | bill of costs (2) Docket Text: BILL of Costs (Degler, Alexis) |
| Sep 16, 2021 | 436 | Main Document (3) Docket Text: DECLARATION of Tom M. Monagan regarding bill of costs[435] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Degler, Alexis) |
| Sep 16, 2021 | 436 | Exhibit 1 (10) |
| Sep 16, 2021 | 436 | Exhibit 2 (2) |
| Sep 16, 2021 | 436 | Exhibit 3 (81) |
| Sep 16, 2021 | 436 | Exhibit 4 (13) |
| Sep 16, 2021 | 436 | Exhibit 5 (23) |
| Sep 16, 2021 | 436 | Exhibit 6 (4) |
| Sep 16, 2021 | 437 | notice of appeal (2) Docket Text: NOTICE of appeal by Chicago Mercantile Exchange Inc. regarding orders [426], [425] Filing fee $ 505, receipt number 0752-18676982. Receipt number: n (Degler, Alexis) |
| Sep 16, 2021 | 438 | exhibit (5) Docket Text: EXHIBIT by Plaintiff Chicago Mercantile Exchange Inc. Exhibit 7 regarding declaration[436] (Degler, Alexis) |
| Sep 8, 2021 | 434 | order on motion for attorney fees (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 9/8/2021. Plaintiff's motion for attorney fees [379] is denied for the reasons stated on the record. Defendant's response to the plaintiff's motion is to be filed by 9/29/2021; plaintiff's reply is due 10/13/2021. Mailed notice. (mma, ) |
| Sep 1, 2021 | 432 | other (2) Docket Text: Letter in Response to ECF No. 431 - Requesting Briefing by ICE Clear Europe Limited, ICE Clear US, Inc. (Durham, Gina) |
| Sep 1, 2021 | 433 | Main Document (20) Docket Text: RESPONSE by Plaintiff Chicago Mercantile Exchange Inc. INTERCONTINENTAL EXCHANGE INC.'S MOTION FOR ATTORNEYS' FEES UNDER THE LANHAM ACT AND FOR SANCTIONS UNDER 28 U.S.C. ยง 1927 (Dkt. 379) (Attachments: # (1) Exhibit)(Degler, Alexis) |
| Sep 1, 2021 | 433 | Exhibit (11) |
| Aug 31, 2021 | 431 | motion for attorney fees (20) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for attorney fees and costs (Degler, Alexis) |
| Aug 28, 2021 | 430 | order on motion to withdraw as attorney (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw appearance of attorney Matthew J. Kelly is granted. (mk) |
| Aug 27, 2021 | 428 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chicago Mercantile Exchange Inc. by Alexis Nicole Degler (Degler, Alexis) |
| Aug 27, 2021 | 429 | motion to withdraw as attorney (3) Docket Text: MOTION by Attorney Matthew J. Kelly to withdraw as attorney for Chicago Mercantile Exchange Inc.. No party information provided (Degler, Alexis) |
| Aug 18, 2021 | 427 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion for attorney's fees and sanctions [379] is to be filed by 9/1/2021. Hearing by telephone is set for 9/8/2021 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. The Court reserves the right to vacate the hearing if it determines a hearing is not needed. (mk) |
| Aug 17, 2021 | 425 | memorandum opinion and order (68) Docket Text: FINDINGS of Fact and Conclusions of Law: The Court directs the Clerk to enter judgment as follows: (1) in favor of the defendants and against the plaintiff on counts 1 and 4 of the plaintiff's amended complaint; (2) in favor of the plaintiff and against the defendants on counts 2, 3, 5, and 6 of the plaintiff's amended complaint and awarding plaintiff profits in the amount of $15,704,687; (3) in favor of the plaintiff and against the defendants on defendants' counterclaim for breach of contract; and (4) denying the plaintiff's request for a permanent injunction. Civil case terminated. Signed by the Honorable Matthew F. Kennelly on 8/17/2021. Mailed notice. (mma, ) |
| Aug 17, 2021 | 426 | entered judgment (2) Docket Text: ENTERED JUDGMENT. Mailed notice. (mma, ) |
| Jul 24, 2021 | 424 | Order on Motion to Redact Transcript (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to redact is denied. The matter is question is not admissible in evidence at trial (and was not offered), but that is a separate question from whether it should be redacted from the transcript of the status hearing. Plaintiff has not established a sufficient basis for the requested redaction. (mk) |
| Jul 23, 2021 | 423 | Main Document (5) Docket Text: MOTION to Redact transcript [419] (Attachments: # (1) Exhibit to Motion)(Monagan, Thomas) |
| Jul 23, 2021 | 423 | Exhibit to Motion (5) |
| Jul 2, 2021 | 416 | transcript (85) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 3, 2020 before the Honorable Matthew F. Kennelly. Order Number: 39133. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021. (Cox, Carolyn) |
| Jul 2, 2021 | 417 | transcript (15) Docket Text: TRANSCRIPT OF PROCEEDINGS held on August 17, 2020 before the Honorable Matthew F. Kennelly. Order Number: 39016, 39020, 39018. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021. (Cox, Carolyn) |
| Jul 2, 2021 | 418 | transcript (30) Docket Text: TRANSCRIPT OF PROCEEDINGS held on August 26, 2020 before the Honorable Matthew F. Kennelly. Order Number: 39071, 39086. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021. (Cox, Carolyn) |
| Jul 2, 2021 | 420 | transcript (19) Docket Text: TRANSCRIPT OF PROCEEDINGS held on August 10, 2020 before the Honorable Matthew F. Kennelly. Order Number: 38969, 38973. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021. (Cox, Carolyn) |
| Jul 2, 2021 | 421 | transcript (16) Docket Text: TRANSCRIPT OF PROCEEDINGS held on July 21, 2020 before the Honorable Matthew F. Kennelly. Order Number: 38972. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021. (Cox, Carolyn) |
| Jul 2, 2021 | 422 | transcript (11) Docket Text: TRANSCRIPT OF PROCEEDINGS held on July 28, 2020 before the Honorable Matthew F. Kennelly. Order Number: 38846. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/23/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/30/2021. (Cox, Carolyn) |
| Jul 1, 2021 | 414 | transcript (16) Docket Text: TRANSCRIPT OF PROCEEDINGS held on June 12, 2020 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/22/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/29/2021. (Cox, Carolyn) |
| Jul 1, 2021 | 415 | transcript (8) Docket Text: TRANSCRIPT OF PROCEEDINGS held on August 7, 2020 before the Honorable Matthew F. Kennelly. Order Number: 39043, 39041. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/22/2021. Redacted Transcript Deadline set for 8/2/2021. Release of Transcript Restriction set for 9/29/2021. (Cox, Carolyn) |
| Mar 17, 2021 | 413 | order on motion to withdraw as attorney (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw appearance of Matthew D. Witsman as attorney [412] is granted. (mk) |
| Mar 16, 2021 | 412 | motion to withdraw as attorney (2) Docket Text: MOTION by Attorney Matthew D. Witsman to withdraw as attorney for Chicago Mercantile Exchange Inc.. No party information provided (Witsman, Matthew) |
| Mar 5, 2021 | 411 | order on motion to withdraw as attorney (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion to withdraw appearance of Joseph T. Kucala, Jr. as attorney [410] is granted. (mk) |
| Mar 3, 2021 | 410 | motion to withdraw as attorney (3) Docket Text: MOTION by Attorney Joseph T. Kucala, Jr. to withdraw as attorney for Chicago Mercantile Exchange Inc.. No party information provided (Kucala, Joseph) |
| Oct 8, 2020 | 407 | other (3) Docket Text: Admitted Trial Exhibit List by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Oct 8, 2020 | 408 | other (1) Docket Text: Letter RE Admitted Exhibits by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Oct 8, 2020 | 409 | other (1) Docket Text: Letter To Judge Kennellly Regarding Trial Exhibits by ICE Clear Europe Limited, ICE Clear US, Inc. (Durham, Gina) |
| Oct 2, 2020 | 406 | other (30) Docket Text: Plaintiff's Proposed Findings of Fact and Conclusions of Law by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Oct 1, 2020 | 404 | other (30) Docket Text: - Defendant And Counterclaim-Plaintiffs Ice Clear US, Inc. And Ice Clear Europe Limited's Proposed Findings Of Fact And Conclusions Of Law - by ICE Clear Europe Limited, ICE Clear US, Inc. (Reinckens, Melissa) |
| Oct 1, 2020 | 405 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Bench trial held on 10/1/2020. Defendants' motion to amend [397] is terminated based on the argument and rulings in open court. Each side is directed to file their proposed findings of fact and conclusions of law. The parties are to jointly file a list of the admitted trial exhibits. The case is taken under advisement. The bench trial date of 10/2/2020 is vacated. Mailed notice. (mma, ) |
| Sep 30, 2020 | 403 | telephone conference (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic hearing held on 9/30/2020. The testimony of Mr. Ehrlich is stricken for the reasons stated in open court. Mailed notice. (mma, ) |
| Sep 29, 2020 | 401 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to allow affirmative defenses or amend answer is to be filed by 6:00 PM today, 9/29/2020. No reply unless requested by the Court. (mk) |
| Sep 29, 2020 | 402 | Main Document (17) Docket Text: RESPONSE by Chicago Mercantile Exchange Inc.in Opposition to MOTION by Defendants ICE Clear Europe Limited, ICE Clear US, Inc.- Defendants' Motion To Allow Affirmative Defenses Listed In The Pretrial Order Or, Alternatively, To Amend Their Answer - [397] (Attachments: # (1) Declaration of Matthew D. Witsman)(Witsman, Matthew) |
| Sep 29, 2020 | 402 | Declaration of Matthew D. Witsman (2) |
| Sep 28, 2020 | 397 | motion for miscellaneous relief (20) Docket Text: MOTION by Defendants ICE Clear Europe Limited, ICE Clear US, Inc.- Defendants' Motion To Allow Affirmative Defenses Listed In The Pretrial Order Or, Alternatively, To Amend Their Answer - (Reinckens, Melissa) |
| Sep 28, 2020 | 398 | Main Document (2) Docket Text: DECLARATION of Michael Burns regarding motion for miscellaneous relief[397] In Support of Defendants' Motion To Allow Affirmative Defenses Listed In The Pretrial Order Or, Alternatively, To Amend Their Answer - (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Burns, Michael) |
| Sep 28, 2020 | 398 | Exhibit 1 (16) |
| Sep 28, 2020 | 398 | Exhibit 2 (4) |
| Sep 28, 2020 | 399 | order on motion to amend/correct (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion to amend protective order [359] has been resolved and is terminated as moot. Motions to seal [378] [382] are granted. (mk) |
| Sep 28, 2020 | 400 | terminate motions (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Based upon plaintiff's acceptance [374] of defendants' bill of costs [349], the Court directs plaintiff to pay defendant costs in the amount of $35,981.43 within 14 days after entry of judgment in this case. (mk) |
| Sep 25, 2020 | 396 | bench trial - held (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Bench trial held on 9/25/2020 and continued to 10/1/2020 at 1:30 p.m. Mailed notice. (mma, ) |
| Sep 22, 2020 | 395 | bench trial - held (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Bench trial held on 9/22/2020 and continued to 9/25/2020 at 9:30 a.m. Mailed notice. (mma, ) |
| Sep 18, 2020 | 394 | bench trial - held (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Bench trial held on 9/18/2020 and continued to 9/22/2020 at 9:15 a.m. Mailed notice. (mma, ) |
| Sep 17, 2020 | 392 | other (1) Docket Text: - Letter regarding trial logistics by ICE Clear Europe Limited, ICE Clear US, Inc. (Durham, Gina) |
| Sep 17, 2020 | 393 | bench trial - held (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Bench trial held on 9/17/2020 and continued to 9/18/2020 at 10:30 a.m. Mailed notice. (mma, ) |
| Sep 16, 2020 | 391 | bench trial - held (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly:Bench trial held on 9/16/2020 and continued to 9/17/2020 at 9:30 a.m. Mailed notice. (mma, ) |
| Sep 11, 2020 | 390 | bench trial - held (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Bench trial held on 9/11/2020 and continued to 9/16/2020 at 9:30 AM. Mailed notice (dal, ) |
| Sep 10, 2020 | 389 | reply (9) Docket Text: REPLY by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc. to trial brief[387] Defendants' Response Trial Brief On Apportionment (Reinckens, Melissa) |
| Sep 8, 2020 | 386 | Main Document (13) Docket Text: PROPOSED Pretrial Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Witsman, Matthew) |
| Sep 8, 2020 | 386 | Exhibit 1 (3) |
| Sep 8, 2020 | 386 | Exhibit 2 (38) |
| Sep 8, 2020 | 386 | Exhibit 3 (49) |
| Sep 8, 2020 | 386 | Exhibit 4 (66) |
| Sep 8, 2020 | 387 | trial brief (10) Docket Text: TRIAL Brief by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Sep 8, 2020 | 388 | other (30) Docket Text: Exhibit A to Trial Brief on Calculation of Profits in Trademark Infringement Cases by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Sep 7, 2020 | 385 | order (2) Docket Text: ORDER REGARDING TRIAL TIME AND SCHEDULING, signed by the Honorable Matthew F. Kennelly on 9/7/2020. The Court notes that the starting time for the session on 9/11/2020 is 1:00 PM, not 11:00 AM. (mk) |
| Sep 5, 2020 | 383 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' submissions regarding the testimony of witness Kelly Loeffler. The Court is unpersuaded that Rule 43 and/or the commentary to Rule 45 referencing Rule 43 expands the Court's subpoena power in the way argued by plaintiff and therefore concludes that Ms. Loeffler, who is beyond the Court's subpoena power, may not be compelled to provide testimony by remote video transmission under Rule 43. Given Ms. Loeffler's unavailability, plaintiff may of course offer her deposition testimony in evidence to the extent it is otherwise admissible. (mk) |
| Sep 5, 2020 | 384 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Bench Trial set for 9/11/2020 at 11:00 AM; 9/16/2020 at 9:30 AM; 9/17/2020 at 9:30 AM; 9/18/2020 at 10:30 AM; 9/22/2020 at 9:30 AM; 9/25/2020 at 9:30 AM; 10/1/2020 at 9:30 AM; and 10/2/2020 at 9:30 AM. (mk) |
| Sep 4, 2020 | 373 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: This order corrects docket entry [372] which contained a typographical error. Motion hearing held by video on 9/3/2020. Plaintiff's motion in limine no. 4 and defendants' motion in limine no. 3 are denied without prejudice to making objections during the remainder of the trial. Plaintiff's motions in limine no. 5, no. 9, and no. 12 and defendants' motion in limine no. 6 are taken under advisement, and the parties are to renew their objections where appropriate during the remainder of the trial. The open issue on plaintiff's motion in limine no. 11 (regarding Phillip Johnson) is granted. Plaintiff's motion in limine no. 7 is denied. By no later than 9/8/2020, plaintiff is to file a 7-page brief discussing the apportionment issue referenced during the hearing (which bears in part on defendants' motion in limine no. 6); defendants are to file a 7-page reply by 9/10/2020. By the close of business on 9/4/2020, the parties are to file simultaneous briefs, not to exceed 7 pages, regarding the Rule 43 / Rule 45 issue regarding witness Kelly Loeffler discussed during the hearing. Plaintiff's motion to modify the amended confidentiality order [359] is denied as stated in open court except to the extent the parties have reached agreement as memorialized in their status report filed on 9/3/2020. A further dry run for the remainder of the bench trial will be held on 9/9/2020 at 10:30 AM in courtroom 2103. The Court will send a video invitation for use by non-live participants. Mailed notice. (mma, ) |
| Sep 4, 2020 | 374 | Response (3) Docket Text: RESPONSE by Plaintiff Chicago Mercantile Exchange Inc. to bill of costs[349] (Witsman, Matthew) |
| Sep 4, 2020 | 375 | statement (10) Docket Text: ICE's Position on the Scope of the Court's Subpoena Power Pursuant to ECF No. 373 STATEMENT by ICE Clear Europe Limited, ICE Clear US, Inc. (Reinckens, Melissa) |
| Sep 4, 2020 | 377 | Main Document (10) Docket Text: TRIAL Brief by Chicago Mercantile Exchange Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Witsman, Matthew) |
| Sep 4, 2020 | 377 | Exhibit A (152) |
| Sep 4, 2020 | 377 | Exhibit B (31) |
| Sep 4, 2020 | 377 | Exhibit C (2) |
| Sep 4, 2020 | 377 | Exhibit D (3) |
| Sep 4, 2020 | 378 | motion to seal document (3) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. to seal document sealed document[376] (Witsman, Matthew) |
| Sep 4, 2020 | 379 | motion for attorney fees (21) Docket Text: MOTION by Defendant Intercontinental Exchange, Inc., Counter Claimant Intercontinental Exchange, Inc. for attorney fees Under The Lanham Act And For Sanctions under 28 U.S.C. 1927 - (Durham, Gina) |
| Sep 4, 2020 | 381 | Main Document (3) Docket Text: DECLARATION of Michael Burns regarding motion for attorney fees[379] In Support of Motions for Attorney Fees and Sanctions (REDACTED) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8)(Burns, Michael) |
| Sep 4, 2020 | 381 | Exhibit 1 (6) |
| Sep 4, 2020 | 381 | Exhibit 2 (4) |
| Sep 4, 2020 | 381 | Exhibit 3 (4) |
| Sep 4, 2020 | 381 | Exhibit 4 (4) |
| Sep 4, 2020 | 381 | Exhibit 5 (7) |
| Sep 4, 2020 | 381 | Exhibit 6 (6) |
| Sep 4, 2020 | 381 | Exhibit 7 (1) |
| Sep 4, 2020 | 381 | Exhibit 8 (1) |
| Sep 4, 2020 | 382 | motion to seal document (3) Docket Text: MOTION by Defendant Intercontinental Exchange, Inc., Counter Claimant Intercontinental Exchange, Inc. to seal document sealed document, [380] Michael Burns Declaration In Support Motion for Attorney Fees and Sanctions /Exhibits (Durham, Gina) |
| Sep 3, 2020 | 369 | status report (15) Docket Text: STATUS Report by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Sep 3, 2020 | 370 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The exhibits cited in the status report due at 12:00 PM today (dkt. 369) are missing from the CMECF filing. The status report, with the exhibits this time, is to be refiled immediately. (mk) |
| Sep 3, 2020 | 371 | Main Document (15) Docket Text: STATUS Report by Chicago Mercantile Exchange Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Witsman, Matthew) |
| Sep 3, 2020 | 371 | Exhibit A (3) |
| Sep 3, 2020 | 371 | Exhibit B (3) |
| Sep 3, 2020 | 371 | Exhibit C (3) |
| Sep 3, 2020 | 372 | motion hearing (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held by video on 9/3/2020. Plaintiff's motion in limine no. 4 and defendants' motion in limine no. 3 are denied without prejudice to making objections during the remainder of the trial. Plaintiff's motions in limine no. 5, no. 9, and no. 12 and defendants' motion in limine no. 6 are taken under advisement, and the parties are to renew their objections where appropriate during the remainder of the trial. The open issue on plaintiff's motion in limine no. 11 (regarding Phillip Johnson) is granted. Plaintiff's motion in limine no. 7 is denied. By no later than 9/8/2020, plaintiff is to file a 7-page brief discussing the apportionment issue referenced during the hearing (which bears in part on defendants' motion in limine no. 6); defendants are to file a 7-page reply by 9/10/2020. By the close of business on 9/4/2020, the parties are to file simultaneous briefs, not to exceed 7 pages, regarding the Rule 43 / Rule 45 issue regarding witness Kelly Loeffler discussed during the hearing. Plaintiff's motion to modify the amended confidentiality order [359] is denied as stated in open court except to the extent the parties have reached agreement as memorialized in their status report filed on 9/3/2020. A further dry run for the remainder of the bench trial will be held on 9/8/2020 at 10:30 AM in courtroom 2103. The Court will send a video invitation for use by non-live participants. Mailed notice. (mma, ) |
| Sep 2, 2020 | 367 | motion for miscellaneous relief (4) Docket Text: MOTION by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc.- Joint Motion To Extend Pretrial Deadline (Durham, Gina) |
| Sep 2, 2020 | 368 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The parties' agreed motion to extend the deadline to file the final pretrial order [367] is granted. The final pretrial order is to due no later than 9:00 a.m. central time on 9/8/2020. Mailed notice. (mma, ) |
| Aug 31, 2020 | 363 | response in opposition to motion (10) Docket Text: RESPONSE by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc.in Opposition to MOTION by Plaintiff Chicago Mercantile Exchange Inc. to amend/correct Confidentiality Order to Permit Use of All Evidence for Purposes of Preparing for and Conducting the Public Trial[359] (Durham, Gina) |
| Aug 31, 2020 | 364 | Main Document (3) Docket Text: DECLARATION of Joshua Schwartzman regarding response in opposition to motion, [363] Declaration of Joshua Schwartzman in Support of ICE's Response to CME's Motion to Modify the Amended Confidentiality Order (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schwartzman, Joshua) |
| Aug 31, 2020 | 364 | Exhibit 1 (2) |
| Aug 31, 2020 | 364 | Exhibit 2 (3) |
| Aug 31, 2020 | 364 | Exhibit 3 (15) |
| Aug 31, 2020 | 365 | bench trial - begun (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Bench trial begun on 8/31/2020. A meeting with counsel (in person and video) to discuss logistics for the remainder the bench trial is set for 9/1/2020 at 10:30 a.m. The parties are directed to confer regarding plaintiff's motion to modify the confidentiality order [359] as discussed in open court and are to file a joint status report setting out their agreements and disagreements (and explanation of their respective views on the latter) by 12:00 PM on 9/3/2020. The motion is entered and continued to the hearing set for 9/3/2020 at 2:00 PM. Mailed notice. (mma, ) |
| Aug 31, 2020 | 366 | other (19) Docket Text: Letter regarding witness scheduling by ICE Clear Europe Limited, ICE Clear US, Inc. (Reinckens, Melissa) |
| Aug 29, 2020 | 360 | order on sealed motion (16) Docket Text: RULINGS ON MOTIONS IN LIMINE signed by the Honorable Matthew F. Kennelly on 8/29/2020: For the reasons stated in the accompanying order, the Court grants CME's motions in limine 1, part of 10, and part of 11; denies its motions in limine 3, 6, 8, and part of 10; and needs to hear further argument on September 3 on its motions in limine 2, 4, 5, 7, 9, part of 11, and 12. The Court grants ICE's motions in limine 1 and 5; denies its motions in limine 2 and 4; and needs to hear further argument on September 3 on its motions in limine 3 and 6. (mk) |
| Aug 29, 2020 | 361 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motions to file under seal [341] [344] are granted. Motion of David S. Sager to appear pro hac vice [335] is granted. (mk) |
| Aug 29, 2020 | 362 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Defendants are directed to file, by no later than 9:30 AM on 8/31/2020, a response to plaintiff's motion to modify the amended confidentiality order. Both sides should be prepared to discuss the motion on 8/31/2020, either before or (more likely) after opening statements. The Court also notes that no request has been made to restrict access to the opening statements that will be presented on 8/31/2020; now is too late to make such a request given the Court's comments on the record long ago about trying the case in open court; and, given the public's presumptive First Amendment right of access to proceedings conducted in court, the opening statements will be presented in open court without restriction. (mk) |
| Aug 28, 2020 | 358 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the starting time for the bench trial (opening statements) on 8/31/2020 is moved to 10:00 AM. The Court will shortly send out a video invitation to each side for persons who will be participating by video. Any side that will be presenting its opening statement in person in the courtroom is limited to two video participants. Any side that will be presenting its opening statement by video transmission is limited to three video participants. The video invitation will include an option for others to call in and listen. All are reminded that audio and video recording of federal court proceedings is prohibited. The Court will be sitting in Courtroom 2103 and will be projecting the opening statements over the courtroom evidence presentation system for anyone who wishes to attend in person. Hard copies of any slides or exhibits that will be used in opening statements must be provided to the Court and opposing counsel in advance. The Court does not need them until the morning of 8/31/2020, by no later than 9:30 AM; counsel should work out timing for production between the two sides. (mk) |
| Aug 28, 2020 | 359 | Main Document (14) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. to amend/correct Confidentiality Order to Permit Use of All Evidence for Purposes of Preparing for and Conducting the Public Trial (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Witsman, Matthew) |
| Aug 28, 2020 | 359 | Exhibit A (3) |
| Aug 28, 2020 | 359 | Exhibit B (3) |
| Aug 28, 2020 | 359 | Exhibit C (7) |
| Aug 26, 2020 | 356 | order (4) Docket Text: ORDER REGARDING TRIAL TIME LIMITS, signed by the Honorable Matthew F. Kennelly on 8/26/2020. (mk) |
| Aug 26, 2020 | 357 | telephone conference (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/26/2020. Plaintiff's motion for reconsideration of an all-video bench trial [332] is granted in part as stated on the record, and its alternative request to reassert its jury demand is denied, for the reasons stated on the record. Bench trial is reset for 8/31/2020 at 9:45 a.m. Only opening statements are to take place on 8/31/2020. Argument on remaining motions in limine is set for 9/3/2020 at 2:00 p.m. and is to be held by video. The Court will send out an invitation for the video conference at a later date. The parties are to confer regarding the scheduling of witnesses as directed during today's hearing, within the scheduling parameters set by the Court. By no later than 9:30 AM on 9/3/2020, the parties are to file a joint status report that proposes dates on which each witness will testify, and, if defendants contend their witnesses are unavailable until early October as claimed, details regarding this contention for each such witness, as more fully described during today's. The final pretrial order is to be filed by 9/2/2020. A meeting to discuss logistics for the testimonial part of the bench trial, as discussed during the status hearing, is set for 9/1/2020 at 3:00 p.m. in Courtroom 2103, and a dry run will be scheduled thereafter. The Court will make best efforts to permit two of the out-of-town lawyers for defendants to participate in the 9/1/2020 meeting. Mailed notice. (mma, ) |
| Aug 25, 2020 | 352 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: As previously ordered, the telephonic status hearing set for 8/31/2020 at 9:45 a.m. has been advanced to 8/26/2020 at 9:40 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk) |
| Aug 25, 2020 | 353 | Response (17) Docket Text: RESPONSE by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc. to other[347] - Defendants' Response To Plaintiff's Brief In Support Of Its Purported Conditional Waiver Of Jury Trial - (Durham, Gina) |
| Aug 25, 2020 | 354 | Main Document (3) Docket Text: DECLARATION of Gina Durham regarding Response, [353] In Support Of Defendants' Response To Plaintiff's Brief In Support Of Its Purported Conditional Waiver Of Jury Trial - (Attachments: # (1) Exhibit 1)(Durham, Gina) |
| Aug 25, 2020 | 354 | Exhibit 1 (2) |
| Aug 25, 2020 | 355 | Main Document (2) Docket Text: DECLARATION of Joshua Schwartzman regarding Response, [353] In Support Of Defendants' Response To Plaintiff's Brief In Support Of Its Purported Conditional Waiver Of Jury Trial - (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7)(Schwartzman, Joshua) |
| Aug 25, 2020 | 355 | Exhibit 1 (6) |
| Aug 25, 2020 | 355 | Exhibit 2 (9) |
| Aug 25, 2020 | 355 | Exhibit 3 (24) |
| Aug 25, 2020 | 355 | Exhibit 4 (16) |
| Aug 25, 2020 | 355 | Exhibit 5 (20) |
| Aug 25, 2020 | 355 | Exhibit 6 (5) |
| Aug 25, 2020 | 355 | Exhibit 7 (5) |
| Aug 22, 2020 | 351 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Response to bill of costs [349, 350] is to be filed by 9/4/2020. Reply to response is to be filed by 9/11/2020. (mk) |
| Aug 21, 2020 | 348 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the date for defendants to file their response on the issue of plaintiff's claimed conditional waiver of a jury trial is advanced to the close of business on 8/25/2020. The case is set for a telephone status hearing on 8/26/2020 at 9:40 AM, using call-in number 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. The Court advises that, if it concludes that plaintiff did in fact properly condition its jury waiver on a bench trial proceeding on 8/31/2020, it is considering reinstating the trial date and commencing the bench trial on that date. (mk) |
| Aug 21, 2020 | 349 | bill of costs (2) Docket Text: BILL of Costs (Taufer, Paul) |
| Aug 21, 2020 | 350 | Main Document (10) Docket Text: DECLARATION of Paul Taufer regarding bill of costs[349] - Declaration of Paul Taufer Regarding Intercontinental Exchange, Inc's Itemization In Support Of Its Bill For Costs - (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6)(Taufer, Paul) |
| Aug 21, 2020 | 350 | Exhibit 1 (9) |
| Aug 21, 2020 | 350 | Exhibit 2 (6) |
| Aug 21, 2020 | 350 | Exhibit 3 (3) |
| Aug 21, 2020 | 350 | Exhibit 4 (10) |
| Aug 21, 2020 | 350 | Exhibit 5 (59) |
| Aug 21, 2020 | 350 | Exhibit 6 (6) |
| Aug 20, 2020 | 347 | other (13) Docket Text: Plaintiff's Brief in Support of its Conditional Waiver of Jury Trial by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Aug 19, 2020 | 344 | motion to seal document (6) Docket Text: MOTION by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc. to seal document sealed document, [342], sealed response, [343] to Seal Response in Opposition and Declaration in Support - (Durham, Gina) |
| Aug 19, 2020 | 345 | response in opposition to motion (28) Docket Text: RESPONSE by ICE Clear Europe Limited, ICE Clear US, Inc.in Opposition to MOTION by Plaintiff Chicago Mercantile Exchange Inc.in limine and Daubert Motions[325] (REDACTED) (Durham, Gina) |
| Aug 19, 2020 | 346 | Main Document (5) Docket Text: DECLARATION of Joshua Schwartzman regarding response in opposition to motion[345], sealed response, [343] - In Support of Response In Opposition - (Attachments: # (1) Exhibit List, # (2) 1 - 25 (REDACTED))(Schwartzman, Joshua) |
| Aug 19, 2020 | 346 | Exhibit List (2) |
| Aug 19, 2020 | 346 | 1 - 25 (REDACTED) (121) |
| Aug 18, 2020 | 340 | Main Document (31) Docket Text: RESPONSE by Chicago Mercantile Exchange Inc.in Opposition to MOTION by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc.in limine (REDACTED)[331] (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Witsman, Matthew) |
| Aug 18, 2020 | 340 | Exhibit 1 (2) |
| Aug 18, 2020 | 340 | Exhibit 2 (1) |
| Aug 18, 2020 | 340 | Exhibit 3 (11) |
| Aug 18, 2020 | 340 | Exhibit 4 (1) |
| Aug 18, 2020 | 341 | motion to seal document (4) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. to seal document sealed response, [339] (Witsman, Matthew) |
| Aug 17, 2020 | 336 | response to motion (17) Docket Text: RESPONSE by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to MOTION by Plaintiff Chicago Mercantile Exchange Inc. for reconsideration regarding terminate hearings,,, status hearing,, [320] [332] Defendants' Response to CME'S Motion for Reconsideration, or in the Alternative, Leave to Reassert Jury Demand (Durham, Gina) |
| Aug 17, 2020 | 337 | Main Document (2) Docket Text: DECLARATION regarding response to motion, [336] Declaration of Joshua Schwartzman in Response to CME'S Motion for Reconsideration, or in the Alternative, Leave to Reassert Jury Demand (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Schwartzman, Joshua) |
| Aug 17, 2020 | 337 | Exhibit 1 (3) |
| Aug 17, 2020 | 337 | Exhibit 2 (20) |
| Aug 17, 2020 | 337 | Exhibit 3 (6) |
| Aug 17, 2020 | 338 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 8/17/2020 by video. The pretrial conference set for 8/24/2020 and the bench trial set for 8/31/2020 are vacated. Plaintiff has until 8/20/2020 to file a memorandum regarding its contention that it conditioned the withdrawal of its jury demand on the trial proceeding on 8/31/2020. Defendant has until 8/27/2020 to file a response. No reply unless requested by the Court. Due dates for responses to motions in limine remain in effect. A telephonic status hearing is set for 8/31/2020 at 9:45 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) |
| Aug 14, 2020 | 332 | Main Document (16) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for reconsideration regarding terminate hearings,,, status hearing,, [320] (Attachments: # (1) Exhibit A)(Witsman, Matthew) |
| Aug 14, 2020 | 332 | Exhibit A (3) |
| Aug 14, 2020 | 333 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has filed a motion seeking reconsideration of the Court's decision regarding the structuring of the bench trial or, alternatively, to take back its withdrawal of its jury demand. Defendants are directed to file a response to the motion by 10:30 AM on Monday, August 17. No written reply is authorized. The motion is set for hearing on August 17, 2020 at 11:45 AM. The hearing will be held by video conference. Video participation is limited to two attorneys per side. Others may listen in (but not argue) by telephone via a number that will accompany the video invitation. The Court will send the video invitation to the two attorneys per side whom it believes to be principal counsel, but if that is wrong those attorneys may forward the invitation to the attorneys who will be arguing the motion. All parties, attorneys, and others are reminded that audio and video recording of federal court proceedings is prohibited by law. (mk) |
| Aug 14, 2020 | 334 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: For persons wishing to listen to the motion hearing on 8/17/2020 at 11:45 AM, the call-in number is 872-703-5321, and the conference ID number is 817 031 514. All are reminded that audio recording and video recording of federal court proceedings are both prohibited by law. (mk) |
| Aug 14, 2020 | 335 | motion to appear pro hac vice (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17318202. On behalf of ICE Clear US Inc. and ICE Clear Europe Ltd (Sager, David) |
| Aug 12, 2020 | 329 | Main Document (4) Docket Text: DECLARATION of Joshua Schwartzman regarding Sealed motion[327] - Declaration of Joshua Schwartzman in Support of Motions in Limine 1 - 6 (Redacted) (Attachments: # (1) Exhibit List, # (2) Exhibit 1 - 18)(Schwartzman, Joshua) |
| Aug 12, 2020 | 329 | Exhibit List (1) |
| Aug 12, 2020 | 329 | Exhibit 1 - 18 (309) |
| Aug 12, 2020 | 330 | motion to seal document (5) Docket Text: MOTION by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc. to seal document SEALED MOTION by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc. Motions in Limine 1 - 6[327], sealed document, [328] (Durham, Gina) |
| Aug 12, 2020 | 331 | motion in limine (27) Docket Text: MOTION by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc.in limine (REDACTED) (Durham, Gina) |
| Aug 11, 2020 | 325 | Main Document (31) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc.in limine and Daubert Motions (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15)(Witsman, Matthew) |
| Aug 11, 2020 | 325 | Exhibit 1 (1) |
| Aug 11, 2020 | 325 | Exhibit 2 (60) |
| Aug 11, 2020 | 325 | Exhibit 3 (32) |
| Aug 11, 2020 | 325 | Exhibit 4 (1) |
| Aug 11, 2020 | 325 | Exhibit 5 (10) |
| Aug 11, 2020 | 325 | Exhibit 6 (11) |
| Aug 11, 2020 | 325 | Exhibit 7 (1) |
| Aug 11, 2020 | 325 | Exhibit 8 (15) |
| Aug 11, 2020 | 325 | Exhibit 9 (1) |
| Aug 11, 2020 | 325 | Exhibit 10 (1) |
| Aug 11, 2020 | 325 | Exhibit 11 (1) |
| Aug 11, 2020 | 325 | Exhibit 12 (1) |
| Aug 11, 2020 | 325 | Exhibit 13 (39) |
| Aug 11, 2020 | 325 | Exhibit 14 (1) |
| Aug 11, 2020 | 325 | Exhibit 15 (1) |
| Aug 11, 2020 | 326 | motion to seal document (5) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. to seal document SEALED MOTION by Plaintiff Chicago Mercantile Exchange Inc. [324] (Witsman, Matthew) |
| Aug 10, 2020 | 319 | order (3) Docket Text: ORDER ON PLAINTIFF'S JURY DEMAND REGARING DISGORGEMENT, signed by the Honorable Matthew F. Kennelly on 8/10/2020: For the reasons stated in the accompanying order, the Court concludes that plaintiff does not have a right to a jury trial on its request for disgorgement. (mk) |
| Aug 10, 2020 | 320 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/10/2020. Both sides have withdrawn their jury demands on the claims and requests for relief on which the Court has concluded they are entitled to a jury trial. For the reasons stated on the record, the jury trial set for 8/31/2020 is vacated and converted to a bench trial, which is to be held by video conference. A test run for the bench trial is to set for 8/17/2020 at 2:00 p.m. The Court will send out a video invitation to counsel for both sides a few days before the test run. Mailed notice. (mma, ) |
| Aug 10, 2020 | 321 | extension of time (3) Docket Text: MOTION by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Counter Claimants ICE Clear US, Inc., ICE Clear US, Inc. for extension of time - Unopposed Motion To Extend Motion In Limine Briefing Schedule 24 Hours - (Durham, Gina) |
| Aug 10, 2020 | 322 | order on motion for extension of time (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' unopposed motion for extension of time [321] is granted. The deadline to file any motions in limine is extended to 8/11/2020 and the deadline to file responses to any motions in limine is extended to 8/18/2020. Mailed notice. (mma, ) |
| Aug 10, 2020 | 323 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chicago Mercantile Exchange Inc. by James Michael McCarthy (McCarthy, James) |
| Aug 9, 2020 | 315 | other (16) Docket Text: Plaintiff's Brief in Support of its Request for Disgorgement to be Tried to a Jury by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Aug 9, 2020 | 316 | other (8) Docket Text: ICE's Position on CME right to a jury trial on the remedy of disgorgement in response to ECF 314 by ICE Clear Europe Limited, ICE Clear US, Inc. (Durham, Gina) |
| Aug 9, 2020 | 317 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Defendants are directed to file by 3:15 PM today a response, not to exceed 4 pages, to plaintiff's discussion of the Dairy Queen, Inc. v. Wood case as governing its entitlement to a jury trial in the present case. No further briefing is permitted beyond that unless requested by the Court. (mk) |
| Aug 9, 2020 | 318 | other (6) Docket Text: Supplemental brief by ICE Clear Europe Limited, ICE Clear US, Inc. (Durham, Gina) |
| Aug 7, 2020 | 313 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The Court sets the case for a telephone conference this morning, 8/7/2020 at 10:25 AM, to further discuss the trial. The parties should call 888-684-8852, access code 746-1053. (mk) |
| Aug 7, 2020 | 314 | terminate deadlines (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/7/2020. Each side is directed to file a submission regarding the right to a jury trial on the remedy of disgorgement by no later than 12:00 p.m. central time on 8/9/2020. A telephonic status hearing is set for 8/10/2020 at 9:45 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, ) |
| Aug 6, 2020 | 310 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/6/2020. By no later than 3:00 p.m. on 8/6/2020, the parties are to identify (by name and location) the witnesses who would be called at the jury trial given the assumptions discussed by the Court at the status hearing, and separately identify (by name and location) the witnesses who would be called at the bench trial given those same assumptions. Mailed notice. (mma, ) |
| Aug 6, 2020 | 311 | status report (6) Docket Text: STATUS Report by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Aug 6, 2020 | 312 | other (5) Docket Text: Witness List in response to ECF No. 310 by ICE Clear Europe Limited, ICE Clear US, Inc. (Durham, Gina) |
| Aug 5, 2020 | 308 | add and terminate parties (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Based upon plaintiff's confirmation [305] of the tendering of a covenant not to sue as ordered, plaintiff Chicago Mercantile Exchange Inc.'s claims against defendant Intercontinental Exchange, Inc. are dismissed with prejudice, and defendant Intercontinental Exchange, Inc.'s counterclaims against plaintiff Chicago Mercantile Exchange Inc. are dismissed for lack of subject matter jurisdiction, as more fully described in the Court's order of July 31, 2020 [304]. (mk) |
| Aug 5, 2020 | 309 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Counsel participating in the telephone status hearing set for 8/6/2020 must be fully prepared to discuss and determine an alternative trial date if the Court agrees with defendants' apparent renewed proposal to continue the trial. If the Court determines to go that route--a determination the Court has not yet made--a new trial date will be finalized during the status hearing on 8/6/2020, so counsel must be fully and completely aware of any availability issues involving all necessary trial participants on their respective sides and must be prepared to discuss these in detail. (mk) |
| Aug 4, 2020 | 305 | statement (3) Docket Text: Confirmation STATEMENT by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Aug 4, 2020 | 306 | status report (12) Docket Text: STATUS Report by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Aug 4, 2020 | 307 | status report (12) Docket Text: STATUS Report Corrected by Chicago Mercantile Exchange Inc. (Kucala, Joseph) |
| Jul 31, 2020 | 304 | order on sealed motion (6) Docket Text: ORDER ON PLAINTIFF'S MOTION TO DISMISS signed by the Honorable Matthew F. Kennelly on 7/31/2020: For the reasons stated in the accompanying order, the Court grants plaintiff's motion to dismiss its claims against defendant Intercontinental Exchange, Inc. and to dismiss that defendant's counterclaims as moot, conditioned upon plaintiff's providing of a covenant not to sue as described in this order and payment of Intercontinental Exchange, Inc.'s costs under Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. ยง 1920. Plaintiff is directed to verify on the record by no later than August 4, 2020 that it has tendered the covenant not to sue to defendant. The Court will then dismiss the claims and counterclaims. Defendant's bill of costs is due by August 21, 2020, and its motion for attorney's fees is due by September 4, 2020. (mk) |
| Jul 30, 2020 | 303 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chicago Mercantile Exchange Inc. by Andrea Jameson Calvert (Calvert, Andrea) |
| Jul 28, 2020 | 302 | order on motion to dismiss (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 7/28/2020. Plaintiff's motion under Rule 41(a) [279] is granted to the extent stated on the record and a written order will follow. A telephonic status hearing is set for 8/6/2020 at 8:30 a.m. The following call-in number will be used for the hearing: 888-684-8852, conference code 746-1053. Mailed notice. (mma, ) |
| Jul 27, 2020 | 299 | other (1) Docket Text: Letter in Response to ECF No. 298 Requesting Leave to File Sur-Reply by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. (Durham, Gina) |
| Jul 27, 2020 | 300 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' request for leave to file sur-reply [299] is granted. The sur-reply is to be no more than 3 pages and is to be filed by no later than 4:00 p.m. on 7/27/2020. Mailed notice. (mma, ) |
| Jul 27, 2020 | 301 | Main Document (5) Docket Text: SUR-REPLY by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to reply[298] Defendants' Sur-Reply to Plaintiff's Rule 41(A) Motion to Dismiss Intercontinental Exchange, Inc. and to Motion to Dismiss Intercontinental Exchange, Inc.'s Counterclaim (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Durham, Gina) |
| Jul 27, 2020 | 301 | Exhibit 1 (3) |
| Jul 27, 2020 | 301 | Exhibit 2 (3) |
| Jul 24, 2020 | 297 | order on motion for sanctions (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motions to file under seal [289] [296] are granted. Plaintiff's motion to withdraw motion for sanctions is granted [292]. Motion for sanctions [281] is withdrawn. (mk) |
| Jul 24, 2020 | 298 | Main Document (17) Docket Text: REPLY by Plaintiff Chicago Mercantile Exchange Inc. to response in opposition to motion,, [293] (Attachments: # (1) Exhibit A)(Witsman, Matthew) |
| Jul 24, 2020 | 298 | Exhibit A (3) |
| Jul 22, 2020 | 292 | Main Document (4) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. to withdraw motion for sanctions[281] (Attachments: # (1) Exhibit A)(Witsman, Matthew) |
| Jul 22, 2020 | 292 | Exhibit A (5) |
| Jul 22, 2020 | 293 | response in opposition to motion (22) Docket Text: RESPONSE by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc.in Opposition to MOTION by Plaintiff Chicago Mercantile Exchange Inc. to dismiss [279] - Defendants' Opposition to Plaintiff's Rule 41(A) Motion to Dismiss Intercontinental Exchange, Inc, And To Motion To Dismiss Intercontinental Exchange, Inc.'s Counterclaim Or In The Alternative, Defendants' Motion To Stay Pending Disposition Of Trademark Validity By The United States Patent and Trademark Office (Durham, Gina) |
| Jul 22, 2020 | 295 | Main Document (3) Docket Text: DECLARATION of Joshua Schwartzman regarding response in opposition to motion,, [293] Declaration of Joshua Schwartzman In Support Of Defendants' Opposition to Plaintiff's Rule 41(A) Motion to Dismiss Intercontinental Exchange, Inc, And To Motion To Dismiss Intercontinental Exchange, Inc.'s Counterclaim Or In The Alternative, Defendants' Motion To Stay Pending Disposition Of Trademark Validity By The United States Patent and Trademark Office - (REDACTED) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4)(Schwartzman, Joshua) |
| Jul 22, 2020 | 295 | Exhibit 1 (8) |
| Jul 22, 2020 | 295 | Exhibit 2 (1) |
| Jul 22, 2020 | 295 | Exhibit 3 (1) |
| Jul 22, 2020 | 295 | Exhibit 4 (5) |
| Jul 22, 2020 | 296 | motion to seal document (3) Docket Text: MOTION by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to seal document sealed document,, [294] - Declaration of Joshua Schwartzman In Support Of Defendants' Opposition to Plaintiff's Rule 41(A) Motion to Dismiss Intercontinental Exchange, Inc, And To Motion To Dismiss Intercontinental Exchange, Inc.'s Counterclaim Or In The Alternative, Defendants' Motion To Stay Pending Disposition Of Trademark Validity By The United States Patent and Trademark Office - (Durham, Gina) |
| Jul 21, 2020 | 290 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 7/21/2020. Oral motion by both plaintiff and defendant to file in excess of 15 pages is granted. Both sides have leave to file up to 25 pages for their motions in limine and responses. Telephonic status hearing is set for 7/28/2020 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, ) |
| Jul 21, 2020 | 291 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: As a follow-up to today's status hearing, and to permit sufficient advance planning: (1) The parties are reminded that the jury trial set for 8/31/2020 (if it proceeds as a jury trial) may actually begin any day that week, with the specific date to be determined by the Court based on prioritization with other cases set for that week. (2) The parties are directed to file, by 8/4/2020, a joint status report that identifies how many people (lawyers, clients, others) each side proposes to have at counsel table during the trial. The parties should understand that social distancing requirements likely will require the Court to limit the number at each table. (3) The same joint status report should include whether the parties wish to proceed with a jury trial or will agree to a bench trial. (mk) |
| Jul 20, 2020 | 287 | response in opposition to motion (18) Docket Text: RESPONSE by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc.in Opposition to MOTION by Plaintiff Chicago Mercantile Exchange Inc. for sanctions [281] - Defendants' Opposition To CME's Motion For Sanctions (REDACTED) (Durham, Gina) |
| Jul 20, 2020 | 288 | Main Document (4) Docket Text: DECLARATION of Joshua Schwartzman regarding response in opposition to motion, [287], sealed response, [285] - Declaration Of Joshua Schwartzman In Support Of Defendants' Opposition To CME's Motion For Sanctions - (REDACTED) (Attachments: # (1) Exhibit 1, # (2) Exhibit 2)(Schwartzman, Joshua) |
| Jul 20, 2020 | 288 | Exhibit 1 (1) |
| Jul 20, 2020 | 288 | Exhibit 2 (4) |
| Jul 20, 2020 | 289 | motion to seal document (3) Docket Text: MOTION by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to seal document sealed response, [285], sealed document, [286] Motion to Seal Opposition to Motion for Sanctions and Declaration in Support of Opposition - (Durham, Gina) |
| Jul 19, 2020 | 284 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: In response to the letter sent by counsel [283], counsel is correct that the status hearing is set for 7/21/2020, not 7/20/2020. (mk) |
| Jul 18, 2020 | 283 | other (1) Docket Text: Letter RE ECF 282 by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Jul 17, 2020 | 278 | motion to seal (4) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. to seal (Witsman, Matthew) |
| Jul 17, 2020 | 279 | motion to dismiss (5) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. to dismiss (Witsman, Matthew) |
| Jul 17, 2020 | 280 | Main Document (13) Docket Text: Memorandum and Exhibits in Support of Plaintiff's Rule 41(a) Motion to Dismiss by Chicago Mercantile Exchange Inc. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Witsman, Matthew) |
| Jul 17, 2020 | 280 | Exhibit A (5) |
| Jul 17, 2020 | 280 | Exhibit B (16) |
| Jul 17, 2020 | 280 | Exhibit C (13) |
| Jul 17, 2020 | 280 | Exhibit D (5) |
| Jul 17, 2020 | 281 | Main Document (14) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for sanctions (Attachments: # (1) Exhibit A-D)(Witsman, Matthew) |
| Jul 17, 2020 | 281 | Exhibit A-D (48) |
| Jul 17, 2020 | 282 | order on motion to seal (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion to file under seal [278] is granted. Responses to motion to dismiss [279] and motion for sanctions [281] are to be filed by 4:00 PM on 7/22/2020; replies are to be filed by 4:00 PM on 7/24/2020. Lead trial counsel must participate in the telephone status hearing set for 7/20/2020. (mk) |
| Jul 15, 2020 | 276 | Main Document (20) Docket Text: STATUS Report by Chicago Mercantile Exchange Inc. (Attachments: # (1) Exhibit A)(Witsman, Matthew) |
| Jul 15, 2020 | 276 | Exhibit A (7) |
| Jul 10, 2020 | 275 | order (8) Docket Text: ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket) |
| Jul 7, 2020 | 274 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 7/7/2020. Final pretrial order is due 8/20/2020. Parties are directed to file a joint status report by 7/15/2020 which shall include the following: 1) A list of witnesses to be called by each side and an estimate as to the length of time the direct examination of the witness will take; 2) If a witness's testimony will be presented by deposition, an estimate on the overall length of the deposition testimony to be presented; and 3) a discussion of the proposed dismissal of certain claims and counterclaims and the specifics of how this would affect the trial. Telephonic status hearing is set for 7/21/2020 at 8:30 a.m. The following call in number shall be used for the hearing: 888-684-8852, conference code 746-1053. Final pretrial conference by video is set for 8/24/2020 at 2:30 p.m. Motions in limine are due by 8/10/2020; responses are due by 8/17/2020. Mailed notice. (mma, ) |
| Jul 3, 2020 | 273 | status report (8) Docket Text: STATUS Report by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Jun 12, 2020 | 272 | status hearing (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 6/12/2020 and continued to 7/7/2020 at 8:30 a.m. The following call-in number: 888-684-8852, access code 746-1053. Joint status report regarding the status of settlement and mediation is due 7/3/2020. Mailed notice. (mma, ) |
| Jun 8, 2020 | 271 | status report (10) Docket Text: STATUS Report by Chicago Mercantile Exchange Inc. (Witsman, Matthew) |
| Jun 3, 2020 | 270 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The status hearing set for 6/12/2020 will be held by telephone conference, using the following call-in number: 888-684-8852, access code 746-1053. Counsel should be prepared to discuss the status of ongoing proceedings as well as matters that are upcoming, including the trial and the possibility of settlement. (mk) |
| May 26, 2020 | 269 | order (8) Docket Text: ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket3, ) |
| May 20, 2020 | 263 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff has filed a motion for protective order on depositions scheduled to start tomorrow, contending that defendants intend to depose witnesses on topics precluded by previous rulings by the Court and on matters that relate to liability (discovery on which is closed), not damages. Defendants are directed to file a response to the motion by no later than 2:30 PM today and are to send a copy by e-mail to Judge Kennelly's courtroom deputy clerk when they file it. The Court also observes that the rulings made thus far and the scope of discovery (damages, at this point) ought to be clear enough for both sides to figure out where the boundaries are and resolve this problem on their own. In other words, the matters raised here - without making judgments on who is in the right - ought not to require further intervention by the Court. The Court intends to impose a sanction on the party or parties that lose this motion and strongly urges the parties to get their disputes resolved on their own before the 2:30 PM filing deadline for defendants' response. No reply is permitted. (mk) |
| May 20, 2020 | 264 | response in opposition to motion (13) Docket Text: RESPONSE by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc.in Opposition to MOTION by Plaintiff Chicago Mercantile Exchange Inc. for protective order [258] (Reinckens, Melissa) |
| May 20, 2020 | 265 | Main Document (3) Docket Text: DECLARATION of Joshua Schwartzman regarding response in opposition to motion[264] (Attachments: # (1) Appendix A - Exhibit List, # (2) Errata 1 - Part 1, # (3) Exhibit 1 - Part 2, # (4) Exhibit 2, # (5) Exhibit 3, # (6) Exhibit 4)(Schwartzman, Joshua) |
| May 20, 2020 | 265 | Appendix A - Exhibit List (1) |
| May 20, 2020 | 265 | Errata 1 - Part 1 (60) |
| May 20, 2020 | 265 | Exhibit 1 - Part 2 (54) |
| May 20, 2020 | 265 | Exhibit 2 (8) |
| May 20, 2020 | 265 | Exhibit 3 (2) |
| May 20, 2020 | 265 | Exhibit 4 (10) |
| May 20, 2020 | 266 | order on motion for protective order (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion for protective order relating to the deposition of John Pietrowicz [258] is denied, but defendants are reminded that the deposition may involve only issues relating to damages. (mk) |
| May 20, 2020 | 267 | Response (1) Docket Text: RESPONSE by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to motion for protective order[262], text entry,,,, [263] (Reinckens, Melissa) |
| May 20, 2020 | 268 | order on motion for protective order (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Based on the letter filed by defendants' counsel [267], plaintiff's motion for protective order [262] is terminated as moot. The Court thanks counsel for both sides for their extra effort to resolve their discovery dispute. (mk) |
| May 19, 2020 | 262 | Main Document (10) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for protective order relating to upcoming depositions (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Witsman, Matthew) |
| May 19, 2020 | 262 | Exhibit A (14) |
| May 19, 2020 | 262 | Exhibit B (13) |
| May 19, 2020 | 262 | Exhibit C (9) |
| May 16, 2020 | 260 | order on motion for reconsideration (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for reconsideration [257] is denied. In requesting reconsideration, defendants have presented nothing other arguments the Court has already addressed. The Court also denies defendants' motion for clarification. In this part of the motion, they effectively seek a dispositive and/or in limine ruling, which is premature. (mk) |
| May 16, 2020 | 261 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Defendants are directed to file a response to plaintiff's motion for protective order by 12:00 noon on 5/20/2020. (mk) |
| May 15, 2020 | 257 | motion for reconsideration (7) Docket Text: MOTION by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. for reconsideration regarding order,, [252] - Motion for Reconsideration or in the Alternative, Clarification of the Court's Denial of ICE's Motion to Compel CME Financial Data - (Reinckens, Melissa) |
| May 15, 2020 | 258 | Main Document (11) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for protective order (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Witsman, Matthew) |
| May 15, 2020 | 258 | Exhibit A (4) |
| May 15, 2020 | 258 | Exhibit B (2) |
| May 15, 2020 | 258 | Exhibit C (7) |
| May 15, 2020 | 259 | other (2) Docket Text: Letter in Response to ECF No. 258 Requesting Leave To File an Opposition by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. (Reinckens, Melissa) |
| May 12, 2020 | 256 | order on motion to compel (2) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff's motion to file under seal [254] is granted. Plaintiff CME has moved to compel production of damages-related information from defendants. CME has limited its recovery to defendants' profits and, potentially, statutory damages. The disputed material largely concerns information regarding foreign subsidiaries of one or more of the named defendants. But on any claim for direct infringement against the named defendants, CME, if it prevails, can recover only the profits of the named defendants. CME has not articulated any theory under which it can recover in this way profits earned by a foreign subsidiary except to the extent that a named defendant obtained those profits (or that it needs the foreign subsidiaries' documents to be able to show the latter). In its reply, CME articulates a theory under which one or more of the named defendants may be indirectly liable, via veil-piercing, for the infringing activities of the foreign subsidiaries. But although certain foreign subsidiaries are mentioned in CME's amended complaint in various spots, the amended complaint cannot fairly be read as setting forth a claim, as the Federal Rules use that term, of vicarious or indirect liability on the part of the named defendants for infringement by the foreign subsidiaries. And in the Court's view it is far too late in the day for CME to attempt to add a claim of this sort now. In addition, CME's contention that it needs, for damages purposes, information regarding alternative methodologies considered by defendants is unpersuasive; its argument regarding relevance and materiality is strained at best. And finally, given the limitation of CME's recovery to defendants' profits and statutory damages (and the resulting denial of defendants' motion to compel CME to produce other damages-related information), information regarding defendants' royalties and licensing practices is irrelevant. For these reasons, the Court denies plaintiff's motion to compel [238]. (mk) |
| Apr 3, 2020 | 225 | motion for certificate of appealability (15) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for certificate of appealability (Witsman, Matthew) |
| Apr 2, 2020 | 224 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The Court directs defendants to file a response to plaintiff's motion to alter or amend [223] by no later than 4/8/2020. This deadline is not affected by General Order 20-0012, as amended or by any other similar general order entered hereafter. No reply is authorized unless requested by the Court. (mk) |
| Apr 1, 2020 | 223 | motion to alter judgment (7) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. to alter judgment (Witsman, Matthew) |
| Mar 30, 2020 | 222 | order (10) Docket Text: ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) |
| Mar 28, 2020 | 221 | order on motion to appear pro hac vice (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The motion of Melissa A. Reinckens to appear pro hac vice [220] is granted. (mk) |
| Mar 27, 2020 | 220 | motion to appear pro hac vice (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16878900. Melissa A. Reinckens on behalf of ICE Clear US Inc., ICE Clear Europe LTD and Intercontinetal Exchange, Inc. (Reinckens, Melissa) |
| Mar 16, 2020 | 219 | order (5) Docket Text: ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, ) |
| Mar 13, 2020 | 216 | text entry (2) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' proposed discovery and scheduling order and their contentions regarding disputed provisions of the order. The Court sets the following dates and deadlines: (1) deadline to serve first round of written discovery requests - 3/18/2020; responses are to be made within 15 days of service; (2) deadline to substantially complete document production - 4/10/2020; (3) deadline to serve deposition notices - 4/15/2020; (4) deadline for responses on deposition notices, designation of witnesses, and availability of witnesses - 4/22/2020; (5) deadline for motions to compel regarding damages fact discovery - as soon as the dispute is crystallized, but no later than 5/15/2020, with motions to be noticed for hearing on a date no later than 5/20/2020; (6) deadline for completing damages fact discovery - 5/22/2020; (7) deadline for Rule 26(a)(2) disclosures regarding damages for party with burden of persuasion - 5/29/2020; (8) deadline for Rule 26(a)(2) responsive disclosures - 6/26/2020; (9) deadline for Rule 26(a)(2) rebuttal disclosures, if any - 7/6/2020; (10) deadline for completing damages expert discovery - 7/17/2020; (11) deadline for filing motions in limine, including Daubert motions not previously addressed regarding experts (which the Court considers as a type of motion in limine) - 8/10/2020; (12) deadline for filing final pretrial order and responses to motions in limine, including Daubert motions not previously addressed regarding experts - 8/17/2020. The final pretrial conference is set for 8/20/2020 at 3:30 PM. The case is set for a jury trial on 8/31/2020 at 9:45 AM. Regarding damages fact depositions, the Court authorizes one 30(b)(6) deposition of each named party, plus up to three fact depositions per side. The Court is unpersuaded at this time that depositions should be limited to Rule 30(b)(6) depositions only. The Court reserves the right to alter these limitations and/or to alter time limitations in appropriate circumstance's, for example, if a party can show that multiple Rule 30(b)(6) depositions are overlapping or that a proposed fact deposition overlaps with the deposition of a designated Rule 30(b)(6) deponent. (mk) |
| Mar 13, 2020 | 217 | text entry (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The Court notes that at the recent status hearing, one or both sides raised concerns with the discovery/trial schedule given the possibility of travel restrictions arising from the Corona virus epidemic that may affect the taking of depositions in locations other than Chicago. The Court advises counsel that to account for this concern, they should plan in advance for the taking of out-of-town depositions by remote means (video or audio) to avoid the need for potentially-restricted travel by witnesses and counsel. (mk) |
| Mar 13, 2020 | 218 | order (16) Docket Text: AMENDED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 3/13/2020. The Court enters the accompanying amended confidentiality order. If the parties wish to make a record of their disputes as set out in their Joint Statement, they should file the Joint Statement on the docket as it was submitted to the Court. The Court: (a) adopted ICE's proposed "outside AEO" information definition, which was consistent with the Court's oral comments, with the exception of proposed item d, which was not referenced at the in-court hearing or supported in the Joint Statement; (b) removed CME's proposed paragraph 5c, because the process for resolving disputes is already adequately covered by paragraph 11, but left in a modified version of the last sentence of CME's proposed paragraph 5c regarding production of a redacted version; (c) adopted ICE's proposed language for paragraph 6 while making a modification to the definition of what deposition testimony is covered and shortening (due to the schedule in this case) the period for serving a "notice of designation," concluding that the process for resolving disputes is already adequately covered by paragraph 11; and (d) adopted ICE's proposal regarding paragraph 13, concluding that CME's proposal for "outside AEO" confidentiality designations to expire on 5/29/2020 would eviscerate the Court's already-considered decision to allow that category of confidential information. The Court notes in this regard that outside experts are permitted to review "outside AEO"-designated information under conditions set forth in the confidentiality order. (mk) |
| Mar 9, 2020 | 215 | status hearing (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 3/9/2020. Defendants are directed to send a proposed revised protective order to plaintiff, consistent with the Court's comments at today's hearing, by noon on 3/10/2020; plaintiff is to respond to the defendant by noon on 3/11/2020. The proposed revised protective order or proposed competing versions are to be sent to Judge Kennelly's proposed order email address by the close of business on 3/11/2020. By the close of business on 3/11/2020, the parties are directed to submit to Judge Kennelly's proposed order email address, a draft order that sets the deadlines for fact discovery limitations and an agreed upon discovery schedule, consistent with the Court's comments at today's hearing. If the parties cannot agree, then each party is to list its own deadline dates pertaining to discovery. Status hearing set for 4/20/2020 at 9:30 a.m. The parties are to be prepared to advise the Court at that time if the case can be referred to the Magistrate Judge for a settlement conference. Mailed notice. (mma, ) |
| Mar 6, 2020 | 214 | status report (9) Docket Text: STATUS Report - Parties' Joint Report On Discovery - by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. (Taufer, Paul) |
| Mar 4, 2020 | 213 | order on motion to seal (49) Docket Text: MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 3/4/2020: The Court rules on the parties' motions for summary judgment as set forth in the accompanying Memorandum Opinion and Order. The case is set for a status hearing on March 9, 2020 at 9:30 a.m. for the purpose of setting a damages and damages expert discovery schedule. Given the amount of time the case has been pending, the parties should not expect this to be an extended schedule. They should discuss and attempt to agree on a proposed schedule in advance of the status hearing. The case is set for trial on August 31, 2020 at 9:45 a.m. (mk) |
| Jan 27, 2020 | 211 | transcript (18) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 4, 2019 before the Honorable Matthew F. Kennelly. Order Number: 35965, 36012. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 2/18/2020. Redacted Transcript Deadline set for 2/27/2020. Release of Transcript Restriction set for 4/27/2020. (Cox, Carolyn) |
| Jan 27, 2020 | 212 | transcript (5) Docket Text: TRANSCRIPT OF PROCEEDINGS held on September 23, 2019 before the Honorable Matthew F. Kennelly. Order Number: 36176, 36210. Court Reporter Contact Information: Carolyn_Cox@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 2/18/2020. Redacted Transcript Deadline set for 2/27/2020. Release of Transcript Restriction set for 4/27/2020. (Cox, Carolyn) |
| Jan 6, 2020 | 210 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The status hearing set for 1/8/2020 is vacated and will be reset following the Court's ruling on the pending motions for summary judgment. Mailed notice. (mma, ) |
| Dec 17, 2019 | 209 | order on motion for leave to file (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 12/17/2019. Plaintiff's motion for leave to file Plaintiff's Motion for Leave to Supplement the Summary Judgment Record with Declarations for its Experts [206] is granted. Mailed notice. (mma, ) |
| Dec 16, 2019 | 208 | Main Document (3) Docket Text: Plaintiff's Statement and Filing Regarding Corrected Exhibit 2 to its Motion for Leave to Supplement the Summary Judgment Record with Declarations for its Experts by Chicago Mercantile Exchange Inc. (Attachments: # (1) Exhibit 2)(Witsman, Matthew) |
| Dec 16, 2019 | 208 | Exhibit 2 (3) |
| Dec 9, 2019 | 206 | Main Document (5) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for leave to file Plaintiff's Motion for Leave to Supplement the Summary Judgment Record with Declarations for its Experts (Attachments: # (1) Exhibit Exhibit 1, # (2) Exhibit Exhibit 2, # (3) Exhibit Exhibit 3, # (4) Exhibit Exhibit 4, # (5) Exhibit Exhibit 5)(Witsman, Matthew) |
| Dec 9, 2019 | 206 | Exhibit Exhibit 1 (3) |
| Dec 9, 2019 | 206 | Exhibit Exhibit 2 (3) |
| Dec 9, 2019 | 206 | Exhibit Exhibit 3 (3) |
| Dec 9, 2019 | 206 | Exhibit Exhibit 4 (3) |
| Dec 9, 2019 | 206 | Exhibit Exhibit 5 (3) |
| Dec 9, 2019 | 207 | notice of motion (3) Docket Text: NOTICE of Motion by Matthew Daniel Witsman for presentment of motion for leave to file, [206] before Honorable Matthew F. Kennelly on 12/17/2019 at 09:30 AM. (Witsman, Matthew) |
| Nov 27, 2019 | 201 | reply (25) Docket Text: REPLY by Counter Claimants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc., Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to reply,, [200], motion for summary judgment, [179] (REDACTED) - Defendants And Counterclaim-Plaintiffs ICE Clear US, Inc., ICE Clear Europe Limited, And Intercontinental Exchange, Inc.'s Reply Memorandum In Support Of Their Partial Motion For Summary Judgment (Durham, Gina) |
| Nov 27, 2019 | 204 | Response (30) Docket Text: RESPONSE by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to sealed document,, [195], sealed response[202] (REDACTED) - Defendants' Response To CME's Additional Statement Of Material Facts - (Burns, Michael) |
| Nov 27, 2019 | 205 | Main Document (4) Docket Text: DECLARATION of Joshua Schwartzman regarding reply,, [200], reply, [201], Response, [204], sealed response[202] (REDACTED) - Declaration of Joshua Schwartzman In Support of Of Defendants And CounterClaim-Plaintiffs ICE CLear US, Inc., ICE Clear Europe Limited, And Intercontinental Exchange, Inc.'s Reply Memorandum In Support Of Their Partial Motion For Summary Judgment (Attachments: # (1) Exhibit List, # (2) Exhibit Exhibits 137 - 157 - REDACTED)(Schwartzman, Joshua) |
| Nov 27, 2019 | 205 | Exhibit List (2) |
| Nov 27, 2019 | 205 | Exhibit Exhibits 137 - 157 - REDACTED (1) |
| Nov 18, 2019 | 199 | Main Document (25) Docket Text: RULE 56.1(a)(3) Statement by Chicago Mercantile Exchange Inc. regarding motion for summary judgment,, [164] Corrected Version of Plaintiff's Rule 56.1(a)(3) Additional Statement of Undisputed Facts in Support of its Motion for Summary Judgment and in Response & Opposition to Defendants' Motion for Summary Judgment (Attachments: # (1) Exhibit Exhibits 1-10, # (2) Exhibit Exhibits 11-15, # (3) Exhibit Exhibit 16, # (4) Exhibit Exhibits 17-20, # (5) Exhibit Exhibits 21-30, # (6) Exhibit Exhibit 31, # (7) Exhibit Exhibits 32-34)(Witsman, Matthew) |
| Nov 18, 2019 | 199 | Exhibit Exhibits 1-10 (169) |
| Nov 18, 2019 | 199 | Exhibit Exhibits 11-15 (88) |
| Nov 18, 2019 | 199 | Exhibit Exhibit 16 (111) |
| Nov 18, 2019 | 199 | Exhibit Exhibits 17-20 (81) |
| Nov 18, 2019 | 199 | Exhibit Exhibits 21-30 (302) |
| Nov 18, 2019 | 199 | Exhibit Exhibit 31 (51) |
| Nov 18, 2019 | 199 | Exhibit Exhibits 32-34 (199) |
| Nov 14, 2019 | 196 | reply (30) Docket Text: REPLY by Plaintiff Chicago Mercantile Exchange Inc. to motion for summary judgment, [179] Plaintiff's Reply Memorandum of Law in Support of Its Motion for Summary Judgment and Its Opposition to ICE's Motion for Summary Judgment (Witsman, Matthew) |
| Nov 14, 2019 | 197 | Response (30) Docket Text: RESPONSE by Plaintiff Chicago Mercantile Exchange Inc. to Rule 56 statement, [189], Rule 56 statement, [187] CME's Responses & Objections to Defendants' Local Rule 56.1(a)(3) Statement of Undisputed Facts in Support of Its Motion for Summary Judgment (Witsman, Matthew) |
| Nov 14, 2019 | 198 | Main Document (142) Docket Text: RULE 56 1(a)(3) Statement by Chicago Mercantile Exchange Inc. regarding motion for summary judgment,, [164] Plaintiff's Local Rule 56.1(a)(3) Additional Statement of Undisputed Facts in Support of Its Motion for Summary Judgment and in Response & Opposition to Defendants' Motion for Summary Judgment (Attachments: # (1) Exhibit Exhibits 1-10, # (2) Exhibit Exhibits 11-15, # (3) Exhibit Exhibit 16, # (4) Exhibit Exhibits 17-20, # (5) Exhibit Exhibits 21-30, # (6) Exhibit Exhibit 31, # (7) Exhibit Exhibits 32-34)(Witsman, Matthew) |
| Nov 14, 2019 | 198 | Exhibit Exhibits 1-10 (169) |
| Nov 14, 2019 | 198 | Exhibit Exhibits 11-15 (88) |
| Nov 14, 2019 | 198 | Exhibit Exhibit 16 (111) |
| Nov 14, 2019 | 198 | Exhibit Exhibits 17-20 (81) |
| Nov 14, 2019 | 198 | Exhibit Exhibits 21-30 (302) |
| Nov 14, 2019 | 198 | Exhibit Exhibit 31 (51) |
| Nov 14, 2019 | 198 | Exhibit Exhibits 32-34 (199) |
| Oct 29, 2019 | 192 | order on motion for miscellaneous relief (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Agreed motion for amended summary judgment briefing schedule [190] is granted. Due date for plaintiff's combined response/reply is extended to 11/14/2019; due date for defendants' reply is extended to 11/27/2019. (mk) |
| Oct 25, 2019 | 190 | motion for miscellaneous relief (6) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc.Consented Motion for An Amended Summary Judgment Briefing Schedule (Kucala, Joseph) |
| Oct 25, 2019 | 191 | notice of motion (3) Docket Text: NOTICE of Motion by Joseph Thomas Kucala, Jr for presentment of motion for miscellaneous relief[190] before Honorable Matthew F. Kennelly on 10/31/2019 at 09:30 AM. (Kucala, Joseph) |
| Oct 16, 2019 | 184 | memorandum in support of motion (30) Docket Text: MEMORANDUM by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. in support of motion for summary judgment, [179] Memorandum In Support Partial Motion For Summary Judgment and Memorandum In Opposition To Plaintiff's Partial Motion For Summary Judgment (REDACTED) (Durham, Gina) |
| Oct 16, 2019 | 185 | Main Document (15) Docket Text: DECLARATION of Michael Burns regarding memorandum in support of motion, [184], sealed document, [180] In Support Of Memorandum In Support Of Partial Motion For Summary Judgment and Memorandum In Opposition To Partial Motion For Summary Judgment (REDACTED) (Attachments: # (1) Exhibit List, # (2) Exhibit Exhibits 1 - 87 (REDACTED), # (3) Exhibit Exhibits 88 - 90 (REDACTED), # (4) Exhibit Exhibits 91 - 136 (REDACTED))(Durham, Gina) |
| Oct 16, 2019 | 185 | Exhibit List (6) |
| Oct 16, 2019 | 185 | Exhibit Exhibits 1 - 87 (REDACTED) (170) |
| Oct 16, 2019 | 185 | Exhibit Exhibits 88 - 90 (REDACTED) (472) |
| Oct 16, 2019 | 185 | Exhibit Exhibits 91 - 136 (REDACTED) (111) |
| Oct 16, 2019 | 186 | Response (30) Docket Text: RESPONSE by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to motion to seal,, [163] - Defendants' Response And Counterstatement Of Undisputed Material Facts (REDACTED) (Durham, Gina) |
| Oct 16, 2019 | 187 | Rule 56 statement (30) Docket Text: RULE 56.1(a)(3) Statement of Undisputed Facts In Support Of Its Motion For Summary Judgment Statement by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. regarding motion for summary judgment, [179] (REDACTED) (Durham, Gina) |
| Oct 16, 2019 | 189 | Rule 56 statement (30) Docket Text: RULE 56.1(a)(3) Statement by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. regarding motion for summary judgment, [179] (CORRECTED) - Defendants' Local Rule 56.1(a)(3) Statement of Undisputed Facts In Support Of Its Motion For Summary Judgment (REDACTED) (Durham, Gina) |
| Aug 28, 2019 | 150 | motion for leave to file (4) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for leave to file Motion to Compel Under Seal (Witsman, Matthew) |
| Aug 7, 2019 | 149 | status hearing (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 8/7/2019 with attorneys for both sides. The deadline for filing dispositive motions by plaintiff is 9/12/2019; response and cross-motion by defendant is due 10/14/2019; reply/response by plaintiff is due 11/12/2019; reply by defendant on cross-motion is due 11/26/2019. Status hearing is set for 9/18/2019 at 9:30 a.m. to discuss damages discovery. Mailed notice. (pjg, ) |
| Aug 6, 2019 | 148 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the status hearing set for 9:30 AM on 8/7/2019 is advanced to 9:00 AM on that date. It will be held in chambers (Room 2188). (mk) |
| Jun 19, 2019 | 147 | status hearing (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing held on 6/19/2019 and continued to 8/7/2019 at 9:30 a.m. Mailed notice. (pjg, ) |
| May 1, 2019 | 146 | order on motion to compel (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Ruling on motion hearing held on 5/1/2019. Motions to compel [113], [122], and [123] are terminated as they are either moot or have been resolved. The currently scheduled deposition for Investopedia may proceed. Deadline for Rule 26(a)(2) disclosures on liability is extended to 6/13/2019; deadline for rebuttal disclosures on liability is extended to 7/11/2019. Deadline for expert discovery on liability is extended to 8/12/2019; Deadline for dispositive motions is extended to 9/13/2019. Status hearing is set for 6/19/2019 at 9:30 a.m. Mailed notice. (pjg, ) |
| Apr 29, 2019 | 145 | other (14) Docket Text: Joint Status Report by Chicago Mercantile Exchange Inc. and ICE Clear US, Inc., ICE Clear Europe Limited, and Intercontinental Exchange Inc. (Witsman, Matthew) |
| Apr 26, 2019 | 144 | terminate motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the ruling date of 4/30/2019 is reset to 5/1/2019 at 9:30 AM. (mk) |
| Apr 22, 2019 | 142 | status report (2) Docket Text: STATUS Report - Letter Re: ECF 141 by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. (Burns, Michael) |
| Apr 22, 2019 | 143 | status report (1) Docket Text: STATUS Report Letter regarding in-camera review (Dkt No. 141) by Chicago Mercantile Exchange Inc. (Kucala, Joseph) |
| Apr 16, 2019 | 141 | order on motion to seal document (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 4/16/2019. Motion to seal documents [138] and motion for Joshua Schwartzman to appear pro hac vice [140] are granted. Fact discovery by plaintiff is reopened to the limited extent stated in open court, conditioned on prompt scheduling of the pertinent depositions. A sample of 25 of the multiple-recipient documents identified in the most recent plaintiffs privilege log, along with a copy of that log, shall be submitted to the Court by 4/22/2019 for in camera review. Also, a sample of 25 of the documents recently removed from the plaintiffs privilege log, along with a copy of the log where they were last identified and a copy of defendants relevant document requests, are also to be submitted to the Court by 4/22/2019 for in camera review. A joint status report to be filed by 4/29/2019 with the parties' proposals for modifications, if any, of the existing schedules. Ruling on motions to compel [113] and [123] continued to 4/30/2019 at 9:30 a.m. Mailed notice. (pjg, ) |
| Apr 15, 2019 | 140 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15718913. Joshua Schwartzman on behalf of ICE Clear US Inc., ICE Clear Europe Ltd. and Intercontinental Exchange, Inc. (Schwartzman, Joshua) |
| Apr 12, 2019 | 134 | response in opposition to motion (12) Docket Text: RESPONSE by Chicago Mercantile Exchange Inc.in Opposition to MOTION by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to compel Plaintiff To Produce Non-Privileged Documents And Supplement Its Privilege And Redaction Logs[113] (Witsman, Matthew) |
| Apr 12, 2019 | 135 | memorandum in opposition to motion (16) Docket Text: MEMORANDUM by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. in Opposition to motion to compel, [123] - Defendants Opposition To Plaintiffs Motion To Compel The Production Of Documents and Deposition Testimony And Uncontested Motion For A Limited Forty-Five Day Extension Of Time Complete Fact Discovery (Burns, Michael) |
| Apr 12, 2019 | 136 | Main Document (5) Docket Text: DECLARATION of Michael Burns regarding memorandum in opposition to motion, [135] In Support of (Attachments: # (1) Exhibit List, # (2) Exhibit 1, # (3) Exhibit 2, # (4) Exhibit 3, # (5) Exhibit 4 - Redacted, # (6) Exhibit 5, # (7) Exhibit 6, # (8) Exhibit 7, # (9) Exhibit 8, # (10) Exhibit 9, # (11) Exhibit 10, # (12) Exhibit 11, # (13) Exhibit 12, # (14) Exhibit 13, # (15) Exhibit 14, # (16) Exhibit 15 - Redacted, # (17) Exhibit 16 - Redacted, # (18) Exhibit 17 - Redacted, # (19) Exhibit 18 - Redacted, # (20) Exhibit 19 - Redacted, # (21) Exhibit 20, # (22) Exhibit 21, # (23) Exhibit 22, # (24) Exhibit 23 - Redacted, # (25) Exhibit 24, # (26) Exhibit 25, # (27) Exhibit 26, # (28) Exhibit 27, # (29) Exhibit 28, # (30) Exhibit 29)(Burns, Michael) |
| Apr 12, 2019 | 136 | Exhibit List (1) |
| Apr 12, 2019 | 136 | Exhibit 1 (6) |
| Apr 12, 2019 | 136 | Exhibit 2 (8) |
| Apr 12, 2019 | 136 | Exhibit 3 (5) |
| Apr 12, 2019 | 136 | Exhibit 4 - Redacted (1) |
| Apr 12, 2019 | 136 | Exhibit 5 (2) |
| Apr 12, 2019 | 136 | Exhibit 6 (6) |
| Apr 12, 2019 | 136 | Exhibit 7 (5) |
| Apr 12, 2019 | 136 | Exhibit 8 (4) |
| Apr 12, 2019 | 136 | Exhibit 9 (7) |
| Apr 12, 2019 | 136 | Exhibit 10 (8) |
| Apr 12, 2019 | 136 | Exhibit 11 (2) |
| Apr 12, 2019 | 136 | Exhibit 12 (33) |
| Apr 12, 2019 | 136 | Exhibit 13 (2) |
| Apr 12, 2019 | 136 | Exhibit 14 (3) |
| Apr 12, 2019 | 136 | Exhibit 15 - Redacted (1) |
| Apr 12, 2019 | 136 | Exhibit 16 - Redacted (1) |
| Apr 12, 2019 | 136 | Exhibit 17 - Redacted (1) |
| Apr 12, 2019 | 136 | Exhibit 18 - Redacted (1) |
| Apr 12, 2019 | 136 | Exhibit 19 - Redacted (1) |
| Apr 12, 2019 | 136 | Exhibit 20 (19) |
| Apr 12, 2019 | 136 | Exhibit 21 (10) |
| Apr 12, 2019 | 136 | Exhibit 22 (14) |
| Apr 12, 2019 | 136 | Exhibit 23 - Redacted (1) |
| Apr 12, 2019 | 136 | Exhibit 24 (22) |
| Apr 12, 2019 | 136 | Exhibit 25 (22) |
| Apr 12, 2019 | 136 | Exhibit 26 (21) |
| Apr 12, 2019 | 136 | Exhibit 27 (18) |
| Apr 12, 2019 | 136 | Exhibit 28 (16) |
| Apr 12, 2019 | 136 | Exhibit 29 (7) |
| Apr 12, 2019 | 138 | motion to seal document (3) Docket Text: MOTION by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to seal document exhibit, [137] (Burns, Michael) |
| Apr 12, 2019 | 139 | notice of motion (3) Docket Text: NOTICE of Motion by Michael L Burns, IV for presentment of motion to seal document[138] before Honorable Matthew F. Kennelly on 4/16/2019 at 09:30 AM. (Burns, Michael) |
| Apr 10, 2019 | 133 | set motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The status and motion hearing date of 4/11/2019 is vacated. Plaintiff's motion to compel and defendants' motion to compel are taken under advisement. Each side is directed to file a response to the other side's motion by no later than 4:00 pm on 4/12/2019, and a complete chambers copy of the response is to be delivered to chambers (Room 2188) by no later than 4:15 pm on that date. No replies may be filed absent a prior request by the Court. Argument, if deemed necessary by the Court, and ruling are set for 4/16/2019 at 9:30 AM. (mk) |
| Apr 9, 2019 | 132 | order on motion to seal document (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: The parties have filed a flurry of motions noticed for presentment on today's date. They did not provide chambers copies of any of them, despite the fact that some of them are quite lengthy. Today's status and motion hearing date is stricken. The status and motion hearing is reset to 4/11/2019 at 9:30 AM. Both sides' motions for leave to file certain materials under seal [119] [124] are granted. Redacted versions of the parties' submissions are to be filed in the public record. Each side is directed to provide to chambers (Room 2188) a complete and intact paper copy of the sealed version of its motion(s) by 12:00 noon today. (mk) |
| Apr 8, 2019 | 127 | notice of motion (3) Docket Text: NOTICE of Motion by Matthew Daniel Witsman for presentment of Sealed motion, [122], motion to compel, [123] before Honorable Matthew F. Kennelly on 4/9/2019 at 09:30 AM. (Witsman, Matthew) |
| Apr 8, 2019 | 128 | notice of motion (3) Docket Text: NOTICE of Motion by Matthew Daniel Witsman for presentment of (Witsman, Matthew) |
| Apr 8, 2019 | 129 | notice of motion (3) Docket Text:AMENDED NOTICE of Motion by Matthew Daniel Witsman for presentment of motion for leave to file[124] before Honorable Matthew F. Kennelly on 4/9/2019 at 09:30 AM. (Witsman, Matthew) |
| Apr 8, 2019 | 130 | notice of correction (1) Docket Text: NOTICE of Correction regarding notice of motion [126]. (smm, ) |
| Apr 8, 2019 | 131 | notice of motion (3) Docket Text:AMENDED NOTICE of Motion by Matthew Daniel Witsman for presentment of Sealed motion, [122], motion to compel, [123] before Honorable Matthew F. Kennelly on 4/9/2019 at 09:30 AM. (Witsman, Matthew) |
| Apr 5, 2019 | 121 | other (4) Docket Text: Local Rule 37.2 Certification In Support Of Defendants' Motion To Compel Plaintiff To Produce Non-Privileged Documents And Supplement Its Privilege And Redaction Logs by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. (Taufer, Paul) |
| Apr 5, 2019 | 123 | Main Document (17) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. to compel Production of Documents and Deposition Testimony and Unconsented Motion for a Limited Forty-Five Day Extension of Time to Complete Fact Discovery (redacted) (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H)(Kucala, Joseph) |
| Apr 5, 2019 | 123 | Exhibit A (3) |
| Apr 5, 2019 | 123 | Exhibit B (10) |
| Apr 5, 2019 | 123 | Exhibit C (8) |
| Apr 5, 2019 | 123 | Exhibit D (4) |
| Apr 5, 2019 | 123 | Exhibit E (2) |
| Apr 5, 2019 | 123 | Exhibit F (2) |
| Apr 5, 2019 | 123 | Exhibit G (2) |
| Apr 5, 2019 | 123 | Exhibit H (2) |
| Apr 5, 2019 | 124 | motion for leave to file (4) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for leave to file to Motion and Exhibits Under Seal (Kucala, Joseph) |
| Apr 5, 2019 | 125 | notice of motion (3) Docket Text: NOTICE of Motion by Joseph Thomas Kucala, Jr for presentment of Sealed motion, [122], motion to compel, [123] before Honorable Matthew F. Kennelly on 4/10/2019 at 09:30 AM. (Kucala, Joseph) |
| Apr 5, 2019 | 126 | notice of motion (3) Docket Text: ENTERED in Error. (Kucala, Joseph) Modified on 4/8/2019 (smm, ). |
| Nov 15, 2018 | 89 | terminate motion and R&R deadlines/hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Because the Court intends to hear further argument and ask questions on the motion for protective order, it plans to call this case toward the end of its 9:30 AM court call. For that reason, and so that counsel do not have to sit through the entire call, the Court moves the time of the hearing from 9:30 AM to 10:00 AM. (mk) |
| Nov 15, 2018 | 90 | order on motion for protective order (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Ruling on motion hearing held on 11/15/2018. Motion for protective order [80] is granted as stated in open court. Status hearing set for 1/16/2019 at 9:30 a.m. Mailed notice. (pjg, ) |
| Nov 14, 2018 | 87 | motion to seal document (3) Docket Text: MOTION by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to seal document sealed document,, [85] -UNCONTESTED MOTION - (Taufer, Paul) |
| Nov 14, 2018 | 88 | notice of motion (3) Docket Text:UNCONTESTED NOTICE of Motion by Paul Albert Taufer for presentment of motion to seal document[87] before Honorable Matthew F. Kennelly on 11/20/2018 at 09:30 AM. (Taufer, Paul) |
| Nov 13, 2018 | 83 | reply (12) Docket Text: REPLY by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to Motion to Dismiss for Failure to State a Claim, [70] - Defendants' Reply In Further Support Of Their Partial Motion To Dismiss Plaintiff's First Amended Complaint And Extend Time To Respond - (Burns, Michael) |
| Nov 13, 2018 | 84 | Main Document (19) Docket Text: MEMORANDUM by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. in Opposition to motion for protective order, [80] - Memorandum In Support Of Defendants' Opposition To Plaintiff's Motion For A Protective Order To Prevent The Deposition Of Matthew J. Kelly Under FED R. CIV.P. 26(c) - (Attachments: # (1) Declaration Of Michael Burns In Support Of Defendants' Opposition To Plaintiff's Motion For A Protective Order, # (2) Index Of Exhibits, # (3) Exhibit 1 to Declaration Of Michael Burns, # (4) Exhibit 2 to Declaration Of Michael Burns, # (5) Exhibit 3 to Declaration Of Michael Burns, # (6) Exhibit 4 to Declaration Of Michael Burns, # (7) Exhibit 5 to Declaration Of MIchael Burns, # (8) Declaration Of Johnathan Short In Support Of Defendants' Opposition To Plaintiff's Motion For A Protective Order (REDACTED))(Taufer, Paul) |
| Nov 13, 2018 | 84 | Declaration Of Michael Burns In Support Of Defendants' Opposition To Plaint (4) |
| Nov 13, 2018 | 84 | Index Of Exhibits (1) |
| Nov 13, 2018 | 84 | Exhibit 1 to Declaration Of Michael Burns (8) |
| Nov 13, 2018 | 84 | Exhibit 2 to Declaration Of Michael Burns (9) |
| Nov 13, 2018 | 84 | Exhibit 3 to Declaration Of Michael Burns (13) |
| Nov 13, 2018 | 84 | Exhibit 4 to Declaration Of Michael Burns (11) |
| Nov 13, 2018 | 84 | Exhibit 5 to Declaration Of MIchael Burns (5) |
| Nov 13, 2018 | 84 | Declaration Of Johnathan Short In Support Of Defendants' Opposition To Plai (11) |
| Nov 13, 2018 | 86 | motion to seal document (3) Docket Text: MOTION by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. to seal document sealed document,, [85] (Taufer, Paul) |
| Nov 6, 2018 | 82 | status hearing (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 11/6/2018. Response to motion for protective order [80] to be filed by 11/13/2018; argument and ruling set for 11/15/2018 at 9:30 a.m. Mailed notice. (pjg, ) |
| Nov 1, 2018 | 80 | Main Document (4) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for protective order To Prevent the Deposition of Matthew J. Kelly Under Fed. R. Civ. P. 26(c) (Attachments: # (1) Memorandum in Support, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Kucala, Joseph) |
| Nov 1, 2018 | 80 | Memorandum in Support (18) |
| Nov 1, 2018 | 80 | Exhibit A (4) |
| Nov 1, 2018 | 80 | Exhibit B (8) |
| Nov 1, 2018 | 80 | Exhibit C (3) |
| Nov 1, 2018 | 81 | notice of motion (3) Docket Text: NOTICE of Motion by Joseph Thomas Kucala, Jr for presentment of motion for protective order, [80] before Honorable Matthew F. Kennelly on 11/6/2018 at 09:30 AM. (Kucala, Joseph) |
| Oct 29, 2018 | 78 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chicago Mercantile Exchange Inc. by Matthew Daniel Witsman (Witsman, Matthew) |
| Oct 29, 2018 | 79 | response in opposition to motion (16) Docket Text: RESPONSE by Chicago Mercantile Exchange Inc.in Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. - Defendants' Partial Motion To Dismiss Plaintiff's First Amended Complaint And Extend Time To Resp[70] (Witsman, Matthew) |
| Oct 23, 2018 | 77 | status hearing (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 10/23/2018 with attorneys for both sides. Based on the joint report on discovery [76], the discovery schedule is extended as follows: Fact discovery ordered closed 2/14/2019. Rule 26(a)(2) disclosures are due by 3/15/2019 on liability issues; rebuttal disclosures are due by 4/12/2019. Expert discovery on liability ordered closed 5/15/2019. The deadline for dispositive motions is 6/14/2019. Status hearing is set for 11/6/2018 at 9:30 a.m. Motions regarding discovery disputes, if any, are to be noticed for presentment on that date. Mailed notice. (pjg, ) |
| Oct 22, 2018 | 76 | status report (19) Docket Text: STATUS Report Parties' Joint Report on Discovery by Chicago Mercantile Exchange Inc. (Kucala, Joseph) |
| Oct 18, 2018 | 75 | stipulation (20) Docket Text: STIPULATION regarding the Production of Electronically Stored Information (Kucala, Joseph) |
| Oct 17, 2018 | 74 | Order on Motion to Dismiss for Failure to State a Claim (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 10/17/2018 with attorneys for both sides. Previously filed motion to dismiss is terminated [37]. ESI protocol is to be finalized by no later than 12:00 p.m. on 10/18/2018. Status hearing is continued to 10/23/2018 at 9:00 a.m. Response to partial motion to dismiss [70] is to be filed by 10/29/2018; reply is due by 11/13/2018. A detailed joint discovery status report regarding what discovery is outstanding, why, and when it will be produced; what other written discovery remains to be done; and anticipated depositions with dates or date ranges is due by 10/22/2018. Mailed notice. (pjg, ) |
| Oct 16, 2018 | 73 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' partial motion to dismiss will be discussed at the 9:00 AM status hearing set for 10/17/2018, not at the 9:30 AM motion call on that date. (mk) |
| Oct 4, 2018 | 70 | Motion to Dismiss for Failure to State a Claim (5) Docket Text: MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. - Defendants' Partial Motion To Dismiss Plaintiff's First Amended Complaint And Extend Time To Respond - (Burns, Michael) |
| Oct 4, 2018 | 71 | memorandum in support of motion (14) Docket Text: MEMORANDUM by ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. in support of Motion to Dismiss for Failure to State a Claim, [70] Defendants' Memorandum Of Law In Support Of Their Partial Motion To Dismiss Plaintiff's First Amended Complaint And Extend Time To Respond (Burns, Michael) |
| Oct 4, 2018 | 72 | notice of motion (3) Docket Text: NOTICE of Motion by Michael J. Burns for presentment of Motion to Dismiss for Failure to State a Claim, [70] before Honorable Matthew F. Kennelly on 10/17/2018 at 09:30 AM. (Burns, Michael) |
| Sep 13, 2018 | 68 | order on motion for leave to file (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 9/13/2018. Motion for leave to file amended complaint [65] is granted in part; motion for additional time is denied without prejudice. Response to amended complaint to be filed within 21 days. Mailed notice. (pjg, ) |
| Sep 13, 2018 | 69 | Main Document (31) Docket Text:FIRST AMENDED complaint by Chicago Mercantile Exchange Inc. against All Defendants (Attachments: # (1) List of Exhibits, # (2) Exhibits A-E)(Monagan, Thomas) |
| Sep 13, 2018 | 69 | List of Exhibits (1) |
| Sep 13, 2018 | 69 | Exhibits A-E (180) |
| Sep 10, 2018 | 67 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the motion hearing set for 9/13/2018 is moved to 10:30 AM on that date. (mk) |
| Sep 7, 2018 | 65 | Main Document (6) Docket Text: MOTION by Plaintiff Chicago Mercantile Exchange Inc. for leave to file an Amended Complaint and for Additional Time to Amend Complaint and Add Parties (Attachments: # (1) Exhibit 1 First Amended Complaint, # (2) Appendix Exhibits A to E to First Amended Complaint)(Kucala, Joseph) |
| Sep 7, 2018 | 65 | Exhibit 1 First Amended Complaint (31) |
| Sep 7, 2018 | 65 | Appendix Exhibits A to E to First Amended Complaint (181) |
| Sep 7, 2018 | 66 | notice of motion (3) Docket Text: NOTICE of Motion by Joseph Thomas Kucala, Jr for presentment of motion for leave to file, [65] before Honorable Matthew F. Kennelly on 9/13/2018 at 09:30 AM. (Kucala, Joseph) |
| Sep 5, 2018 | 63 | order (18) Docket Text: CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 9/5/2018. (mk) |
| Sep 5, 2018 | 64 | order on motion for protective order (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Rule 16(b) status hearing held on 9/5/2018 with attorneys for both sides. The Court reaffirms its decision to bifurcate discovery between liability and damages. Status hearing is continued to 10/17/2018 at 9:00 a.m. Liability fact discovery ordered closed 11/30/2018. Rule 26(a)(2) liability disclosures are due by 1/4/2019 for party with burden of proof and 2/1/2019 for rebuttal disclosures. Expert discovery ordered closed 3/1/2019. The deadline for filing dispositive motions on liability is 3/29/2019. Motion for protective order [50] is terminated. Mailed notice. (pjg, ) |
| Aug 29, 2018 | 62 | status report (13) Docket Text: STATUS Report Parties' Joint Report on Discovery and Bifurcation by Chicago Mercantile Exchange Inc. (Kucala, Joseph) |
| Aug 16, 2018 | 61 | transcript (21) Docket Text: TRANSCRIPT OF PROCEEDINGS held on August 8, 2018 before the Honorable Matthew F. Kennelly. Order Number: 31742, 31749, 31794. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/6/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/14/2018. (Cox, Carolyn) |
| Apr 20, 2018 | 29 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14375617. (Miller, Marc) |
| Apr 20, 2018 | 30 | answer to complaint (30) Docket Text: ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by Intercontinental Exchange, Inc., ICE Clear US, Inc. against Chicago Mercantile Exchange Inc. . by Intercontinental Exchange, Inc., ICE Clear US, Inc.(Durham, Gina) |
| Apr 17, 2018 | 28 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14360012. (Taufer, Paul) |
| Apr 11, 2018 | 26 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Defendant ICE Clear Europe Ltd.,'s unopposed motion for extension of time [22] is granted; response to complaint is to be filed by 5/4/2018. Application of Michael Burns to appear pro hac vice [25] is granted. The initial status hearing will proceed as ordered on 4/24/2018, and both sides are to be prepared to proceed at that time. (mk) |
| Apr 11, 2018 | 27 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. by Michael A. Geller (Geller, Michael) |
| Apr 6, 2018 | 25 | motion to appear pro hac vice (2) Docket Text: MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14324394. (Burns, Michael) |
| Apr 4, 2018 | 21 | set/reset hearings (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Initial status hearing is set to 9:00 a.m. on 4/24/2018 before Judge Kennelly, in Chambers, Room 2188. Parties are to review and comply with Judge Kennelly's standing initial order, which may be found on his web page, located at http://www.ilnd.uscourts.gov/_assets/_documents/_forms/_JUDGES/KENNELLY/INIT-ORD.htm. Counsel for plaintiff(s) are ordered to cause a copy of this order to be delivered forthwith to each defendant who has not yet appeared by counsel in the same manner that summons has been or is being served on each defendant. (mk) |
| Apr 4, 2018 | 22 | motion for extension of time to file answer (2) Docket Text: MOTION by Defendant ICE Clear Europe Limited for extension of time to file answer Defendant ICE Clear Europe Limited's Unopposed Motion for Extension of Time To Answer or Otherwise Plead (Durham, Gina) |
| Apr 4, 2018 | 23 | notice of motion (3) Docket Text: NOTICE of Motion by Gina L. Durham for presentment of motion for extension of time to file answer[22] before Honorable Matthew F. Kennelly on 4/12/2018 at 09:30 AM. (Durham, Gina) |
| Apr 4, 2018 | 24 | notification of affiliates pursuant to local rule 3.2 (1) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ICE Clear Europe Limited Defendant Ice Clear Europe Limited's Declaration Pursuant to Fed. R. Civ. P.7.1(a) and Notification of Affiliates Pursuant to LR 3.2 (Durham, Gina) |
| Apr 3, 2018 | 20 | Main Document (2) Docket Text: SUMMONS Returned Executed by Chicago Mercantile Exchange Inc. as to ICE Clear Europe Limited on 3/14/2018, answer due 4/4/2018. (Attachments: # (1) Document)(Filarski, Christine) |
| Apr 3, 2018 | 20 | Document (2) |
| Mar 24, 2018 | 19 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion of defendants ICE Clear US, Inc. and Intercontinental Exchange, Inc. to extend time is granted; response to complaint is to be filed by 4/20/2018. (mk) |
| Mar 21, 2018 | 17 | terminate hearings (1) Docket Text: MINUTE entry before the Honorable Marvin E. Aspen:Case having been reassigned to the Honorable Matthew F. Kennelly, defendants' motion to extend time to answer or otherwise plead [12] is stricken from this Court's call of 3/22/2018. The motion [21] should be renoticed before the Honorable Matthew F. Kennelly. Mailed notice (mad, ) |
| Mar 21, 2018 | 18 | notice of motion (3) Docket Text:Unopposed - Amended NOTICE of Motion by Gina L. Durham for presentment of motion for extension of time to file answer, [12] before Honorable Matthew F. Kennelly on 3/27/2018 at 09:30 AM. (Durham, Gina) |
| Mar 20, 2018 | 16 | assigning/reassigning Case (2) Docket Text: EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Matthew F. Kennelly for all further proceedings. Pursuant to 28:294(b) I transfer this case to the Executive Committee for reassignment to another judge pursuant to the provisions of 28 USC 294(b). The receiving judge will receive equalization credit. Honorable Marvin E. Aspen no longer assigned to the case. Signed by Executive Committee on 3/20/2018. (ph, ) |
| Mar 19, 2018 | 11 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendants ICE Clear US, Inc., Intercontinental Exchange, Inc. by Gina L. Durham (Durham, Gina) |
| Mar 19, 2018 | 12 | Main Document (3) Docket Text: MOTION by Defendants ICE Clear US, Inc., Intercontinental Exchange, Inc. for extension of time to file answer regarding complaint,, counterclaim, [1] - Unopposed MotionTo Extend Time To Answer Or Otherwise Plead - (Attachments: # (1) Text of Proposed Order)(Durham, Gina) |
| Mar 19, 2018 | 12 | Text of Proposed Order (1) |
| Mar 19, 2018 | 13 | notice of motion (3) Docket Text:Unopposed - NOTICE of Motion by Gina L. Durham for presentment of motion for extension of time to file answer, [12] before Honorable Marvin E. Aspen on 3/22/2018 at 10:30 AM. (Durham, Gina) |
| Mar 19, 2018 | 14 | notification of affiliates pursuant to local rule 3.2 (2) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by ICE Clear US, Inc., Intercontinental Exchange, Inc. re MOTION by Defendants ICE Clear US, Inc., Intercontinental Exchange, Inc. for extension of time to file answer regarding complaint,, counterclaim, [1] - Unopposed MotionTo Extend Time To Answer Or Otherwise Plead -[12], attorney appearance[11] (Durham, Gina) |
| Mar 19, 2018 | 15 | certificate (2) Docket Text: CERTIFICATE Certification of Distribution of Lanham Act Voluntary Mediation Program Material (Filarski, Christine) |
| Mar 14, 2018 | 9 | Main Document (2) Docket Text: SUMMONS Returned Executed by Chicago Mercantile Exchange Inc. as to ICE Clear US, Inc. on 3/1/2018, answer due 3/22/2018. (Attachments: # (1) Supplement)(Filarski, Christine) |
| Mar 14, 2018 | 9 | Supplement (2) |
| Mar 14, 2018 | 10 | Main Document (2) Docket Text: SUMMONS Returned Executed by Chicago Mercantile Exchange Inc. as to Intercontinental Exchange, Inc. on 2/28/2018, answer due 3/21/2018. (Attachments: # (1) Supplement)(Filarski, Christine) |
| Mar 14, 2018 | 10 | Supplement (2) |
| Feb 26, 2018 | 7 | Patent/Trademark report (1) Docket Text: MAILED Trademark report to Patent Trademark Office, Alexandria VA. (ph, ) |
| Feb 26, 2018 | 8 | lanham notification (10) Docket Text: MAILED to plaintiff(s) counsel Lanham Mediation Program materials. (ph, ) |
| Feb 23, 2018 | N/A | case assigned (0) Docket Text: CASE ASSIGNED to the Honorable Marvin E. Aspen. Designated as Magistrate Judge the Honorable M. David Weisman. (meg, ) |
| Feb 23, 2018 | N/A | summons issued (0) Docket Text: SUMMONS Issued as to Defendants ICE Clear Europe Limited, ICE Clear US, Inc., Intercontinental Exchange, Inc. (pg, ) |
| Feb 23, 2018 | 1 | Main Document (28) Docket Text: COMPLAINT filed by Chicago Mercantile Exchange Inc.; Filing fee $ 400, receipt number 0752-14155546., (Attachments: # (1) Exhibit List of Exhibits Supporting Complaint, # (2) Exhibit Exhibits A-E, # (3) Notice of Trademarks LR 3.4)(Filarski, Christine) Docket Text Modified by Clerks Office (ew, ). |
| Feb 23, 2018 | 1 | Exhibit List of Exhibits Supporting Complaint (1) |
| Feb 23, 2018 | 1 | Exhibit Exhibits A-E (180) |
| Feb 23, 2018 | 1 | Notice of Trademarks LR 3.4 (2) |
| Feb 23, 2018 | 2 | notification of affiliates pursuant to local rule 3.2 (2) Docket Text: NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Chicago Mercantile Exchange Inc. (Filarski, Christine) |
| Feb 23, 2018 | 3 | civil cover sheet (1) Docket Text: CIVIL Cover Sheet (Filarski, Christine) |
| Feb 23, 2018 | 4 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chicago Mercantile Exchange Inc. by Christine Ann Filarski (Filarski, Christine) |
| Feb 23, 2018 | 5 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chicago Mercantile Exchange Inc. by Joseph Thomas Kucala, Jr (Kucala, Joseph) |
| Feb 23, 2018 | 6 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Plaintiff Chicago Mercantile Exchange Inc. by Joseph V. Norvell (Norvell, Joseph) |
