| Court: | ilnd |
| Docket #: | 1:01-cv-05976 |
| Case Name: | Mopex Inc, et al v. Amer Stock Ex, et al |
| PACER case #: | 110912 |
| Date filed: | 2001-08-03 |
| Date terminated: | 2003-03-04 |
| Assigned to: | Honorable William J. Hibbler |
| Case Cause: | 28:1441 Petition for Removal |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Defendant |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Mopex Inc Plaintiff an Illinois Corporation |
Bradford P. Lyerla Austin Joseph Foley Cara Michelle Mastrian Edward L. Bishop James H. Bowhay James R. Figliulo Jeff Douglas Harris Jeffrey R. Gargano John J. Lynch Michael K. Desmond Richard C. Himelhoch Scott Allan Kogen Stephen R. Auten |
| Realtimemutualfunds.Com Company Plaintiff an Illinois Corporation |
Bradford P. Lyerla Austin Joseph Foley Edward L. Bishop Jeffrey R. Gargano Richard C. Himelhoch Scott Allan Kogen Stephen R. Auten |
| Kiron Mutual Fund Exchange Plaintiff a Delaware Corporation TERMINATED: 07/03/2002 |
Bradford P. Lyerla Austin Joseph Foley Edward L. Bishop Richard C. Himelhoch Scott Allan Kogen Stephen R. Auten |
| American Stock Exchange Defendant a Delaware Corporation TERMINATED: 07/03/2002 |
Richard Allen Schnurr Andrew A Wittenstein Anthony Nimmo Paul S Grossman Stuart I Friedman |
| BZW Barclays Global Investors, N.A. Defendant a California Corporation |
Robert J. Kopecky Daniel E. Laytin |
| Barclays Bank PLC Defendant a legal entity of the United Kingdom |
Robert J. Kopecky Daniel E. Laytin |
| Nathan Most Defendant an individual TERMINATED: 07/03/2002 |
Richard Allen Schnurr Andrew A Wittenstein Anthony Nimmo Paul S Grossman Stuart I Friedman |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2001-08-03 | 1 | 0 | NOTICE OF REMOVAL (Attachments) from the Circuit Court of Cook County, IL with copy of summons and complaint, case no. 01 L 007472 - Civil cover sheet - Appearance(s) of Richard Allen Schnurr, Anthony Nimmo as attorney(s) for defendants American Stock Exchange, LLC and Nathan Most (Documents: 1-1 through 1-3) (hp) (Entered: 08/06/2001) | |||
| 2001-08-03 | 2 | 0 | ATTORNEY APPEARANCE for defendants BZW Barclays Global, Barclays Bk PLC by Robert J. Kopecky, Daniel E. Laytin; Notice. (cgb) (Entered: 08/06/2001) | |||
| 2001-08-03 | 3 | 0 | AGREED MOTION by defendants for an extension of time to answer, move or otherwise respond to plaintiffs' complaint ; Notice. (yp) (Entered: 08/15/2001) | |||
| 2001-08-14 | 4 | 0 | MINUTE ORDER of 8/14/01 by Hon. William J. Hibbler : Defendants' agreed motion for an extension of time until 8/31/01 to answer, move or otherwise respond to plaintiffs' complaint is granted [3-1]. Status hearing set for 9/19/01 at 9:15 a.m. to set discovery schedule. Mailed notice (yp) (Entered: 08/15/2001) | |||
| 2001-08-17 | 5 | 0 | ATTORNEY APPEARANCE for plaintiffs by Bradford P. Lyerla, Stephen R. Auten, Austin Joseph Foley. (mw) (Entered: 08/20/2001) | |||
| 2001-08-20 | 6 | 0 | ATTORNEY APPEARANCE for plaintiffs by Scott A. Kogen (yap) (Entered: 08/21/2001) | |||
| 2001-08-20 | 7 | 0 | ATTORNEY APPEARANCE for plaintiffs by Bradford Lyerla, Stephen R. Auten and Austin J. Foley (yap) (Entered: 08/21/2001) | |||
| 2001-08-30 | 8 | 0 | AGREED MOTION by defendants for an extension of time to answer, move or otherwise respond to plaitniffs' complaint ; Notice. (yp) Modified on 09/07/2001 (Entered: 09/07/2001) | |||
| 2001-09-06 | 9 | 0 | MINUTE ORDER of 9/6/01 by Hon. William J. Hibbler : Barclays defendants' agreed motion for an extension of time until 9/14/01 to answer, move or otherwise respond to plaitniffs' complaint is granted [8-1]. Status hearing set for 10/4/01 at 9:15 a.m. Mailed notice (yp) (Entered: 09/07/2001) | |||
| 2001-08-31 | 10 | 0 | MOTION by defendants American Stock Exchange, Nathan Most for leave to file appearances of Stuart I. Friedman, Andrew A. Wittenstein and Paul S. Grossman as additional counsel pursuant to Local Rule 83.17 ; Notice. (yp) (Entered: 09/13/2001) | |||
| 2001-08-31 | 11 | 0 | MOTION by defendant Nathan Most to dismiss the compplaint pursuant to Federal Rules 12(b)(2) and 12(b)(5) ; Affidavit of Nathan Most (Attachments); Memorandum of law in support; Notice. (yp) (Entered: 09/13/2001) | |||
| 2001-08-31 | 12 | 0 | MOTION by defendants American Stock Exchange, Nathan Most to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) ; Memorandum of law in support (Attachments); Notice. (yp) (Entered: 09/13/2001) | |||
| 2001-08-31 | 13 | 0 | MOTION by defendant American Stock Exchange to dismiss the claims against it because those claims are compulsory counterclaims in another federal action , or in the alternative to transfer case to the Southern District of New York ; Memorandum of law in support (Attachments); Notice. (yp) (Entered: 09/13/2001) | |||
| 2001-09-10 | 14 | 0 | MINUTE ORDER of 9/10/01 by Hon. William J. Hibbler : Defendant's motion for leave to file appearances of Stuart I. Friedman, Andrew A. Wittenstein and Paul S. Grossman as additional counsel pursuant to Local Rule 83.17 is granted [10-1]. Plaintiffs given until 9/28/01 t file an amended complaint. Defendant Nathan Most's motion to dismiss the compplaint pursuant to Federal Rules 12(b)(2) and 12(b)(5) [11-1]; Defendant American Stock Exchange and Most's motion to dismiss the complaint to Federal Rule of Civil Procedure 12(b)(6) [12-1]; and Defendant American Stock Exchange's motion to dismiss the claims against it because those claims are compulsory counterclaims in another action [13-1] or in the alternative to transfer case to the Southern District of New York [13-2]are continued to 10/4/01 at 9:15 a.m. Mailed notice (yp) (Entered: 09/13/2001) | |||
| 2001-09-10 | 15 | 0 | ATTORNEY APPEARANCE for defendants American Stock Exchange, Nathan Most by Stuart I. Friedman, Andrew A. Witenstein, Paul S. Grossman. (yp) (Entered: 09/13/2001) | |||
| 2001-09-10 | 16 | 0 | ATTORNEY APPEARANCE for plaintiffs by Richard C. Himelhoch. (yp) (Entered: 09/13/2001) | |||
| 2001-09-10 | 17 | 0 | ATTORNEY APPEARANCE for plaintiffs by Edward L. Bishop. (yp) (Entered: 09/13/2001) | |||
| 2001-09-13 | 18 | 0 | AGREED MOTION by defendants BZW Barclays Global, Barclays Bk PLC for an extension of time to answer, move or otherwise respond to plaintiff's complaint ; Notice. (yp) (Entered: 09/21/2001) | |||
| 2001-09-19 | 19 | 0 | MINUTE ORDER of 9/19/01 by Hon. William J. Hibbler : Barclays defendants' agreed motion for an extension of time until 10/19/01 to answer, move or otherwise respond to plaintiff's complaint is granted [18-1]. Mailed notice (yp) (Entered: 09/21/2001) | |||
| 2001-11-28 | 20 | 0 | RESPONSE by plaintiffs to Barclays Global Investros,N.A. and Barclays Bank PLC's motin to dismiss plaintiffs' first amended complaint (Attachment); Notice. (yp) (Entered: 11/29/2001) | |||
| 2001-12-12 | 21 | 0 | REPLY BRIEF by defendant BZW Barclays Global in support of its motion to dismiss plaintiffs' first amended complaint (Attachment); Notice. (yp) (Entered: 12/14/2001) | |||
| 2002-01-15 | 22 | 0 | RETURN OF SERVICE executed as to defendant Nathan Most on 12/26/01. (yp) (Entered: 01/16/2002) | |||
| 2001-10-18 | 23 | 0 | MOTION by plaintiff to transfer counts against defendant Most (Attachments); Notice. (yp) Modified on 02/12/2002 (Entered: 02/12/2002) | |||
| 2001-10-18 | 24 | 0 | NOTICE by defendant Nathan Most of motion regarding agreed stipulation for extension of time to answer or otherwise plead with respect to the first amended complaint. (yp) (Entered: 02/12/2002) | |||
| 2001-10-19 | 25 | 0 | MOTION by defendants BZW Barclays Global, Barclays Bk PLC to dismiss palintiffs' first amended complaint ; Memorandum of law in support (Attachments); Notice. (yp) Modified on 02/12/2002 (Entered: 02/12/2002) | |||
| 2001-10-19 | 26 | 0 | UNPUBLISHED AUTHORITY by defendants BZW Barclays Global, Barclays Bk PLC in support of Barclays Global Investors, N.A. and Barclays Bank PLC's motion to dismiss plaintiffs' first amended complaint (Attachments). (yp) (Entered: 02/12/2002) | |||
| 2002-01-29 | 27 | 0 | MINUTE ORDER of 1/29/02 by Hon. William J. Hibbler : This order is entered nunc pro tunc 10/25/01. Plaintiff's unopposed motion to transfer counts 3,6,7,9,11 against defendant Most to the U.S. District Court New York pursuant to 1404a is granted as stated in open court [23-1]. Stipulated motion to extend time to respond is granted. Barclay defendants' motion to is moot. Plaintiffs' oral motion to dismiss Barclays Bank plc without prejudice is granted. Barclays Global Investors' motion to dismiss palintiffs' first amended complaint [25-1] is taken under advisement. Plaintiffs to respond by 11/28/01. Defendant BGI to reply by 12/12/01. Ruling by mail Status hearing held and continued to 12/13/01 at 9:15 a.m. No notice (yp) (Entered: 02/12/2002) | |||
| 2002-02-11 | 28 | 0 | ATTORNEY APPEARANCE for plaintiff Mopex Inc by James R. Figliulo, James H. Bowhay, Jeff Douglas Harris, John J. Lynch, Michael K. Desmond, Cara Michelle Mastrian. (yp) (Entered: 02/12/2002) | |||
| 2002-02-05 | 29 | 0 | MOTION by plaintiff Mopex Inc for leave to file appearances of additional counsel (Attachments); Notice. (yp) (Entered: 02/13/2002) | |||
| 2002-02-11 | 30 | 0 | MINUTE ORDER of 2/11/02 by Hon. William J. Hibbler : Plaintiff's motion for leave to file appearances of James R. Figluilo, Jeff D. Harris, James H. Bowhay, John J. Lynch, Michael K. Desmond, and Cara M. Mastrian as additional counsel for plaintiff Mopex, Inc. is granted [29-1]. Mailed notice (yp) (Entered: 02/13/2002) | |||
| 2002-02-19 | 31 | 0 | JOINT STIPULATION by parties severing the case docket. (yp) (Entered: 02/19/2002) | |||
| 2002-02-08 | 32 | 0 | AMENDED MOTION by plaintiff for leave to file appearances of additional counsel (Attachments); Notice. (yp) (Entered: 02/26/2002) | |||
| 2002-03-04 | 33 | 0 | RETURN of U.S. Post Office receipt #P461588662 received 2/26/02. (yp) (Entered: 03/05/2002) | |||
| 2001-10-10 | 34 | 0 | MINUTE ORDER of 10/10/01 by Hon. William J. Hibbler : Enter Order: 1. Pursuant to 28 USC Sect. 1404(a) and Rule 21 of the Fed.R.Civ.P., the claims asserted against defendant American Stock Exchange in the First Amended Complaint, dated 9/28/02 (Cts. I, IV, V, V11, X and XII) are served and transferred to the U.S. District Court for the Southern District of New York. 2. This transfer is without prejudice to the defendant's right to move under Fed.R.Civ.P. 13(a) and/or 12(b)(6) with respect to the claims being transferred. This transfer is also without prejudice to the right of plaintiffs to move that the claims being transferred should be consolidated with the N.Y.Fed.Action. (Entered Order.) No notice (yp) (Entered: 03/13/2002) | |||
| 2002-03-13 | 35 | 0 | RETURN of U.S. Post Office receipt #7000 5020 0017 7209 5926 received 3/7/02. (yp) (Entered: 03/14/2002) | |||
| 2002-03-18 | 36 | 0 | ACKNOWLEDGEMENT and receipt of record transferred to the U.S. District Court, Southern District of New York no. 02cv1656 (SAS). (yp) (Entered: 03/21/2002) | |||
| 2002-03-25 | 37 | 0 | ACKNOWLEDGEMENT of receipt of certified copy of the docket from USDC of New York. (yp) (Entered: 03/26/2002) | |||
| 2002-06-19 | 38 | 0 | MINUTE ORDER of 6/19/02 by Hon. William J. Hibbler : Defendant BGI's motin to dismiss palintiffs' first amended complaint is granted [25-1], and the first amended complaint is dismissed without prejudice. Plaintiffs are granted leave to file a second amended complaint correcting the deficiencies identified by the court in this minute order, by 7/3/02. Status hearing set for 7/10/02 at 9:15 a.m. (See reverse of minute order.) Mailed notice (yp) (Entered: 06/21/2002) | |||
| 2002-07-03 | 39 | 0 | SECOND AMENDED COMPLAINT by plaintiff; jury demand terminating defendant Nathan Most, defendant Amer Stock Ex, plaintiff Kiron Mtl Fund Ex. (gcy) (Entered: 07/08/2002) | |||
| 2002-07-10 | 40 | 0 | AGREED MOTION by defendant Barclays Bk PLC to extend time to answer ; Notice (jmp) (Entered: 07/17/2002) | |||
| 2002-07-15 | 41 | 0 | MINUTE ORDER of 7/15/02 by Hon. William J. Hibbler : Agreed motion for an extension of time until 08/06/02 to answer or otherwise plead to plaintiffs' second amended complaint is granted [40-1]. Mailed notice (jmp) Modified on 07/18/2002 (Entered: 07/17/2002) | |||
| 2002-07-03 | 42 | 0 | MOTION by plaintiffs for leave to withdraw attorney appearances of Richard C. Himelhoch, Edward L. Bishop, Austin J. Foley ; Notice. (air) (Entered: 07/19/2002) | |||
| 2002-07-09 | 43 | 0 | MINUTE ORDER of 7/9/02 by Hon. William J. Hibbler: Plaintiffs' motion for leave to withdraw attorney appearances of Richard C. Himelhoch, Edward L. Bishop, Austin J. Foley of the law firm of Wallenstein & Wagner, Ltd. is granted [42-1]. Mailed notice (air) (Entered: 07/19/2002) | |||
| 2002-08-02 | 44 | 0 | MOTION by defendant Barclays Bk PLC to dismiss plaintiffs' second amended complaint ; Memorandum in support; Notice. (yp) (Entered: 08/12/2002) | |||
| 2002-08-02 | 45 | 0 | APPENDIX filed by defendant Barclays Bk PLC of exhibits and unpublished authority in support of BGI's motion to dismiss plaintiffs' second amended complaint [44-1]. (yp) (Entered: 08/12/2002) | |||
| 2002-08-08 | 46 | 0 | MINUTE ORDER of 8/8/02 by Hon. William J. Hibbler : BGI's motion to dismiss plaintiffs' second amended complaint [44-1] is taken under advisement. Plaintiffs to respond by 9/12/02. Defendant to reply by 9/27/02. Ruling by mail. Mailed notice (yp) (Entered: 08/12/2002) | |||
| 2002-09-12 | 47 | 0 | RESPONSE by plaintiff in opposition to defendant's motion to dismiss plaintiffs' second amended complaint [44-1]; Declaration of Stephen R. Auten in support (Attachments). (yp) (Entered: 09/13/2002) | |||
| 2002-09-17 | 48 | 0 | AGREED MOTION by defendant BZW Barclays Global for an extension of time to file its reply brief in support of its motion to dismiss ; Notice. (yp) (Entered: 09/26/2002) | |||
| 2002-09-23 | 49 | 0 | MINUTE ORDER of 9/23/02 by Hon. William J. Hibbler : Agreed motion for an extension of time until 10/4/02 to file its reply brief in support of its motion to dismiss is granted [48-1]. Mailed notice (yp) (Entered: 09/26/2002) | |||
| 2002-10-04 | 50 | 0 | REPLY by defendant BZW Barclays Global in support of its motion to dismiss plaintiffs' second amended complaint [44-1]. (yp) (Entered: 10/07/2002) | |||
| 2003-01-13 | 51 | 0 | MOTION by plaintiffs for leave to file additional attorney appearance of Jeffrey R. Gargano ; Notice. (air) Modified on 01/24/2003 (Entered: 01/24/2003) | |||
| 2003-01-21 | 52 | 0 | MINUTE ORDER of 1/21/03 by Hon. William J. Hibbler: Plaintiffs' motion for leave to file additional attorney appearance of Jeffrey R. Gargano is granted [51-1]. Mailed notice (air) (Entered: 01/24/2003) | |||
| 2003-01-21 | 53 | 0 | ATTORNEY APPEARANCE for plaintiffs by Jeffrey R. Gargano. (air) (Entered: 01/24/2003) | |||
| 2003-03-04 | 54 | 0 | MINUTE ORDER of 3/4/03 by Hon. Amy J. St. Eve : On 6/19/02, the court issued an order dismissing plaintiffs' first amended complaint without prejudice, and granting leave to file a second amended complaint to correct certain pleading deficiencies. Defendant now moves to dismiss plaintiffs' second amended complaint as, among other things, time-barred. Because the court agrees that plaintiffs' claims are barred by the applicable statue of limitations, defendant's motion to dismiss is granted [44-1]. All pending dates and motions are terminated as moot. Entered Memorandum Opinion and Order. , terminating case Mailed notice (las) (Entered: 03/05/2003) | |||
| 2003-03-04 | 55 | 0 | ENTERED JUDGMENT (las) (Entered: 03/05/2003) | |||
| 2003-04-02 | 56 | 0 | NOTICE OF APPEAL by Mopex Inc, Realtimemutualfunds from judgment entered [55-1] Memorandum Opinion and Order [54-1] order terminating case [54-2] motion minute order [54-3] ( $105.00 PAID) (mak) (Entered: 04/03/2003) | |||
| 2003-03-07 | 57 | 0 | ACKNOWLEDGEMENT of receipt of short record on appeal [56-1] USCA 03-1889 (lc) (Entered: 04/09/2003) | |||
| 2003-04-15 | 58 | 0 | DESIGNATION by Mopex Inc, Realtimemutualfunds of appeal record no. 03-1889 (mak) (Entered: 04/16/2003) | |||
| 2003-04-15 | 59 | 0 | SEVENTH CIRCUIT transcript information sheet by plaintiff (jmp) (Entered: 04/18/2003) | |||
| 2003-05-13 | 60 | 0 | CERTIFIED COPY of order from the 7th Circuit: appeal dismissed [56-1] . ( 03-1889) (gcy) (Entered: 05/14/2003) | |||
| 2003-05-13 | 61 | 0 | LETTER from the 7th Circuit: Retaining record on appeal no. 03-1889. (gcy) (Entered: 05/14/2003) | |||
| 2003-05-28 | 62 | 0 | LETTER from the 7th Circuit returning the record on appeal no. 03-1889 consisting of 2 volumes of pleadings and 1 loose pleading. (hmb) (Entered: 06/02/2003) |