Case Details

CourtNorthern District of Illinois
Docket number1:16-cv-02331
Date case filed2016-02-17
Date case closed2016-08-26
Date of latest filing
Assigned toHonorable Milton I. Shadur
Case cause28:1332 Diversity-Breach of Contract
Nature of suit890 Other Statutory Actions
Jury demandDefendant
Demand
JurisdictionFederal Question

Case Parties

Party: Cafferty Clobes Meriwether & Sprengel, LLP
Party type: Plaintiff
on behalf of itself and all others similarly situated
Attorney name: Katrina Carroll
Attorney Contact:
Lite DePalma Greenberg LLC
211 W. Wacker Drive
Suite 500
Chicago, IL 60606
(312) 750-1591
Fax: 973-877-3845
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kyle Alan Shamberg
Attorney Contact:
Lite DePalma Greenberg, LLC
211 W. Wacker Drive
Suite 500
Chicago, IL 60606
(312) 750-1592
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: XO Communications Services, Inc.
Party type: Defendant
TERMINATED: 04/29/2016
Attorney name: JC Miller
Attorney Contact:
Legal Dept. XO Communications Services LLC
Legal Dept
13865 Sunrise Valley Dr
Herndon, VA 20171
(703) 547-2188
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: William Scott Porterfield
Attorney Contact:
Barack Ferrazzano Kirschbaum & Nagelberg LLP
200 W. Madison Street
Suite 3900
Chicago, IL 60606
(312) 984-3202
Fax: (312) 984-3150
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Andrew Malen Spangler , Jr.
Attorney Contact:
Barack Ferrazano Kirschbaum & Nagelberg LLP
200 W. Madison Street
Suite 3900
Chicago, IL 60606
(312) 984-3100
Fax: (312) 984-3150
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: XO Communications Services LLC
Party type: Defendant

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12016-02-17 COMPLAINT filed by Cafferty Clobes Meriwether & Sprengel, LLP; Filing fee $ 400, receipt number 0752-11623944. (Attachments: # 1 Civil Cover Sheet)(Carroll, Katrina) (Entered: 02/17/2016)
1.1 Civil Cover Sheet
22016-02-17 ATTORNEY Appearance for Plaintiff Cafferty Clobes Meriwether & Sprengel, LLP by Kyle Alan Shamberg (Shamberg, Kyle) (Entered: 02/17/2016)
32016-02-19 ATTORNEY Appearance for Plaintiff Cafferty Clobes Meriwether & Sprengel, LLP by Katrina Carroll (Carroll, Katrina) (Entered: 02/19/2016)
42016-03-04 MINUTE entry before the Honorable Milton I. Shadur:This is the initial scheduling order entered by this Court after the filing of the Complaint. Counsel for plaintiff are ordered to cause a copy of this order to be delivered forthwith to defendant in the same manner that process has been or is being served on defendant. There will be a status hearing--a "scheduling conference", as that term is used in attached Fed. R. Civ. P. ("Rule") 16(b), at 9:00 a.m. on April 11, 2016. If defendant has been served with process or has appeared at least 28 days before that Status Hearing Date, counsel for both parties are ordered to meet not later than 14 days before the Status Hearing Date to comply with the provisions of Rules 26(f) and 26(a) (c) and this District Court's LR 26.1 Counsel for the parties are urged to undertake serious settlement efforts before the scheduled Status Hearing when no major investment in counsel's time (and clients' money) has yet taken place. If such efforts are unsuccessful, counsel should be prepared to attend the scheduled Status Hearing to discuss briefly their proposed discovery plan and other subjects appropriate for inclusion in the scheduling order as referred to in Rule 16(b). No written status report is to be filed. Although this Court will not set a close-of-discovery scheduling order until both sides have a good sense of the time needed for that purpose, the parties are urged to join in setting their own target dates in that respect at their initial Rule 26(f) conference and to review those target dates regularly during the discovery process. If any party is unrepresented by counsel, that party must comply with this order personally. Mailed notice (clw, ) (Entered: 03/04/2016)
52016-03-11 ATTORNEY Appearance for Defendant XO Communications Services, Inc. by Andrew Malen Spangler, Jr (Spangler, Andrew) (Entered: 03/11/2016)
62016-03-11 MOTION by Defendant XO Communications Services, Inc. for extension of time Agreed Motion for Extension of Time to Respond to Plaintiff's Class Action Complaint (Spangler, Andrew) (Entered: 03/11/2016)
72016-03-11 Notice of Agreed Motion NOTICE of Motion by Andrew Malen Spangler, Jr for presentment of extension of time 6 before Honorable Milton I. Shadur on 3/15/2016 at 09:15 AM. (Spangler, Andrew) (Entered: 03/11/2016)
82016-03-14 MINUTE entry before the Honorable Milton I. Shadur:Motion hearing set for 3/15/2016 is stricken. Defendant's agreed motion for extension of time to 4/1/2016 to answer or otherwise plead 6 is granted.Mailed notice (clw, ) (Entered: 03/14/2016)
92016-03-29 MOTION by Defendant XO Communications Services, Inc. for extension of time Agreed Motion for Short Additional Extension of Time to Respond to Plaintiff's Class Action Complaint (Spangler, Andrew) (Entered: 03/29/2016)
102016-03-29 NOTICE of Motion by Andrew Malen Spangler, Jr for presentment of extension of time 9 before Honorable Milton I. Shadur on 3/31/2016 at 09:15 AM. (Spangler, Andrew) (Entered: 03/29/2016)
112016-03-30 MINUTE entry before the Honorable Milton I. Shadur:Motion hearing set for 3/31/2016 is stricken. Defendant's agreed motion for extension of time to 4/8/2016 to answer or otherwise plead 9 is granted.Mailed notice (clw, ) (Entered: 03/30/2016)
122016-04-05 ATTORNEY Appearance for Defendant XO Communications Services, Inc. by William Scott Porterfield (Porterfield, William) (Entered: 04/05/2016)
132016-04-08 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-11805567. (Miller, JC) (Entered: 04/08/2016)
142016-04-08 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Class Action Complaint (Spangler, Andrew) (Entered: 04/08/2016)
152016-04-08 MEMORANDUM by XO Communications Services, Inc. in support of Motion to Dismiss for Failure to State a Claim 14 (Spangler, Andrew) (Entered: 04/08/2016)
162016-04-08 NOTICE of Motion by Andrew Malen Spangler, Jr for presentment of Motion to Dismiss for Failure to State a Claim 14 before Honorable Milton I. Shadur on 4/12/2016 at 09:15 AM. (Spangler, Andrew) (Entered: 04/08/2016)
172016-04-11 MINUTE entry before the Honorable Milton I. Shadur:Status hearing held. Motion hearing set for 4/12/2016 is stricken. Motion of JC Miller to appear pro hac vice on behalf of defendant 13 is granted Response to defendant's motion to dismiss is due by 5/6/2016 Status hearing set for 5/12/2016 at 09:00 AM.Mailed notice (clw, ) (Entered: 04/11/2016)
182016-04-29 FIRST AMENDED complaint by Cafferty Clobes Meriwether & Sprengel, LLP against XO Communications Services LLC and terminating XO Communications Services, Inc. (Carroll, Katrina) (Entered: 04/29/2016)
192016-05-06 MEMORANDUM by Cafferty Clobes Meriwether & Sprengel, LLP in Opposition to Motion to Dismiss for Failure to State a Claim 14 (Carroll, Katrina) (Entered: 05/06/2016)
202016-05-12 MINUTE entry before the Honorable Milton I. Shadur:Status hearing held on 5/12/2016. Reply in support of its motion to dismiss 14 is due by 5/27/2016.Mailed notice (clw, ) (Entered: 05/12/2016)
212016-05-27 REPLY by Defendant XO Communications Services LLC to Motion to Dismiss for Failure to State a Claim 14 (Spangler, Andrew) (Entered: 05/27/2016)
222016-06-03 ORDER Signed by the Honorable Milton I. Shadur on 6/3/2016: For the reasons stated in the Memorandum Opinion and Order entered this day, XO's motion to dismiss the FAC (Dkt. No. 14) is granted. More specicifically: 1. Count I'scontentions that XO breached the Agreement (a) because the Automatic Renewal Clause was not clear and conspicuous or (b) by collecting a $1000 termination charge or (c) by seeking to collect a further $9000 in early termination charges are dismissed without leave to amend. 2. Count II is likewise dismissed without leave to amend as to XO's alleged failures (a) to disclose the Automatic Renewal Clause clearly and conspicuously and (b) to notify customers in writing before that automatic renewal. 3. Counts III and IV aredismissed in their entirety, also without leave to amend. This action, however, is not dismissed in its entirety. If Cafferty Clobes believes that either or both of Counts I and II is or are salvageable on grounds other than those rejected by this opinion, it must file a proposed Second Amended Complaint on or before June 23, 2016 (with a Judge's Copy being contemporaneously delivered to this Courts chambers - - see LR 5.2(f)), failing which this action will be dismissed with prejudice on June 24. Enter Memorandum Opinion and Order.Mailed notice(lxs, ) (Entered: 06/03/2016)
232016-06-03 MEMORANDUM Opinion and Order Signed by the Honorable Milton I. Shadur on 6/3/2016. Mailed notice(lxs, ) (Entered: 06/03/2016)
242016-06-23 SECOND AMENDED complaint by Cafferty Clobes Meriwether & Sprengel, LLP against XO Communications Services LLC (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Carroll, Katrina) (Entered: 06/23/2016)
252016-06-27 MEMORANDUM Order: Plaintiff's proposed Second Amended Complaint is stricken. Counsel for Cafferty Clobes is given until July 11, 2016 to file a proposed Third Amended Complaint that conforms to the directives in the Opinion and in this memorandum order. As stated earlier, any submission on behalf of Cafferty Clobes must be accompanied by a supplemental figurative road map to facilitate this Court's reaching an informed judgment as to counsel's compliance or noncompliance. Signed by the Honorable Milton I. Shadur on 6/27/2016:Mailed notice(clw, ) (Entered: 06/27/2016)
262016-07-11 SUPPLEMENT to memorandum opinion and order,, 25 Figurative Roadmap Regarding Plaintiff's Proposed Third Amended Class Action Complaint (Attachments: # 1 Exhibit Proposed Third Amended Complaint ("TAC"), # 2 Exhibit 1 to Proposed TAC, # 3 Exhibit 2 to Proposed TAC, # 4 Exhibit 3 to Proposed TAC, # 5 Exhibit 4 to Proposed TAC, # 6 Exhibit 5 to Proposed TAC, # 7 Exhibit 6 to Proposed TAC)(Carroll, Katrina) (Entered: 07/11/2016)
272016-08-03 MEMORANDUM Order: This Court solicits a response from XO, either consenting to Cafferty Clobes' proposed amendment to its pleading or explaining why leave to amend should be denied. That response is to be submitted no later than August 17, 2016, and a status hearing to determine the next step in this litigation is ordered for 8:45 a.m. August 26, 2016. Signed by the Honorable Milton I. Shadur on 8/3/2016:Mailed notice(clw, ) (Entered: 08/03/2016)
282016-08-17 MEMORANDUM by Defendants XO Communications Services LLC, XO Communications Services, Inc. in Opposition to Plaintiff's Request for Leave to File its Third Amended Class Action Complaint. (Attachments: # 1 Exhibit A) (Spangler, Andrew) Docket Text Modified by Clerk's Office on 8/18/2016 (jh, ). (Entered: 08/17/2016)
292016-08-26 MINUTE entry before the Honorable Milton I. Shadur:Status held on 8/26/2016. For the reasons stated in open court, this Court denies plaintiff leave to file a third amended class action complaint. This action is dismissed.Mailed notice (clw, ) (Entered: 08/26/2016)
302016-08-26 ENTERED JUDGMENT. Mailed notice(clw, ) (Entered: 08/26/2016)
312016-09-20 PAYMENT by Cafferty Clobes Meriwether & Sprengel, LLP of Filing fee $ 505, receipt number 0752-12378992. (Carroll, Katrina) (Entered: 09/20/2016)
322016-09-20 NOTICE of appeal by Cafferty Clobes Meriwether & Sprengel, LLP regarding orders 30 Filing fee $ 505, receipt number 0752-12379049. (Carroll, Katrina) (Entered: 09/20/2016)
332016-09-20 DOCKETING Statement by Cafferty Clobes Meriwether & Sprengel, LLP regarding notice of appeal 32 (Carroll, Katrina) (Entered: 09/20/2016)
342016-09-20 REQUEST for Clerk of Court to refund filing fee in the amount of $505, receipt no. 0752-12378992, regarding 505.00 fee payment of notice of appeal 31 (Carroll, Katrina) (Entered: 09/20/2016)
352016-09-20 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 32 (ek, ) (Entered: 09/20/2016)
362016-09-20 TRANSMITTED to the 7th Circuit the short record on notice of appeal 32 . Notified counsel (ek, ) (Entered: 09/20/2016)
372016-09-20 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 32 ; USCA Case No. 16-3472. (jh, ) (Entered: 09/21/2016)
382016-09-22 TRANSCRIPT OF PROCEEDINGS held on 08/26/2016 before the Honorable Milton I. Shadur. Court Reporter Contact Information: Rosemary Scarpelli, [email protected], (312)435-5815. 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 10/13/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/21/2016. (Scarpelli, Rosemary) (Entered: 09/22/2016)
392016-11-02 MOTION by Plaintiff Cafferty Clobes Meriwether & Sprengel, LLPJoint Motion to Designate Briefs for Inclusion in Record on Appeal (Carroll, Katrina) (Entered: 11/02/2016)
402016-11-02 NOTICE of Motion by Katrina Carroll for presentment of motion for miscellaneous relief 39 before Honorable Milton I. Shadur on 11/8/2016 at 09:15 AM. (Carroll, Katrina) (Entered: 11/02/2016)
412016-11-07 MINUTE entry before the Honorable Milton I. Shadur:Motion hearing set for 11/8/2016 is stricken. Joint motion to designate briefs for inclusion in record on appeal 39 is granted. Document Nos. 15, 19, 21, 26, 28, and 38 are to be included in the record on appeal. Mailed notice (clw, ) (Entered: 11/07/2016)
422016-12-19 NOTICE to Transmit Record on Appeal regarding notice of appeal 32 ; USCA Case No. 16-3472. (jh, ) (Entered: 12/19/2016)
432016-12-19 CERTIFIED and transmitted to the USCA for the 7th Circuit the long record on appeal 32 (USCA no. 16-3472) (ek, ) (Entered: 12/19/2016)
442016-12-19 USCA RECEIVED on 12/19/16 the long record regarding notice of appeal 32 (ek, ) (Entered: 12/20/2016)