Case details

Court: ilnd
Docket #: 1:04-cv-07018
Case Name: Gelfand v. NCO Fin Syst Inc, et al
PACER case #: 151110
Date filed: 2004-11-01
Date terminated: 2005-06-10
Assigned to: Honorable Mark Filip
Case Cause: 15:1681 Fair Credit Reporting Act
Nature of Suit: 890 Other Statutory Actions
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
John R Gelfand
Plaintiff
James S. Rankin , Jr.
Law Offices of James Rankin Jr. 1566 Cave Road NW Atlanta, GA 30327 (404)420-5560
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Magdalena Maggie Aguilar
Aguilar Flader & Haces 155 North Harbor Drive #1705 Chicago, IL 60601 (312) 240-1410
ATTORNEY TO BE NOTICED

NCO Financial Systems, Inc.
Defendant
John Michael Hynes
Clausen Miller P.C. 10 South LaSalle Street Suite 1800 Chicago, IL 60603 (312) 855-1010 Email: jhynes@clausen.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brian D. Roth
Sessions, Fishman & Nathan, L.L.P. 201 St. Charles Avenue 35th Floor New Orleans, LA 70170-3500 (504)582-1500

David Israel
Sessions, Fishman, Nathan & Israel, L.L.P. Lakeway Two, Suite 200 3850 North Causeway Boulevard Metairie, LA 70002-7227 (504) 828-3700 Fax: 504-828-3737 Email: disrael@sessions-law.biz
ATTORNEY TO BE NOTICED

Shannon M Geier
Sessions, Fishman & Nathan of Illinois, LLC 55 W. Monroe #1120 Chicago, IL 60603 847.578.0990 Fax: 847.578.0991 Email: sgeier@sessions-law.biz
ATTORNEY TO BE NOTICED

Commonwealth Edison, Co
Defendant
Jessica Maile Aspen
Exelon Business Services Company P.O. Box 805379 10 South Dearborn, 35th Floor Chicago, IL 60603-5379 (312) 394-4970 Email: jessica.aspen@exeloncorp.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Trans Union, LLC
Defendant
TERMINATED: 04/14/2005
Albert Edward Hartmann
DLA Piper US LLP IL 203 North LaSalle Street 20th Floor Chicago, IL 60601 (312) 368-4000 Email: albert.hartmann@dlapiper.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Denise Carmela Castillo
DLA Piper US LLP IL 203 North LaSalle Street 20th Floor Chicago, IL 60601 (312)368-4000 Email: denise.castillo@dlapiper.com
ATTORNEY TO BE NOTICED

Judith L Schuch
DLA Piper US LLP IL 203 North LaSalle Street 20th Floor Chicago, IL 60601 (312) 368-4000 Email: judith.schuch@dlapiper.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2004-11-01 1 0 COMPLAINT to recover damages for violations of The Fair Credit Reporting Act and The Fair Debt Collection Practices Act and Defamation of Credit and for injunctive and related relief; jury demand - Civil cover sheet - ( 3 original and 3 copies summons(es) issued.) ( Documents: (1-1 thru 1-2)) (gcy) (Entered: 12/01/2004) 2012-09-28 02:57:36 13b1bf242be39d12611c01845da5caeec0f09355
2004-11-02 2 0 APPLICATION for leave to appear pro hac vice for plaintiff by James S. Rankin Jr; Order entered granting leave by Hon. Mark Filip (gcy) (Entered: 12/01/2004)
2004-11-02 3 0 ATTORNEY APPEARANCE for plaintiff by James S. Rankin and Magdalena Maggie Aguilar. (gcy) (Entered: 12/01/2004)
2004-11-19 4 0 MINUTE ORDER of 11/19/04 by Hon. Mark Filip : Status hearing is set for 1/4/05 at 9:30 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the court's action herein. Lead counsel is directed to appear at this status hearing. Parties to file joint status report at least three days prior to status hearing. (Status report is posted on the Judge's Web Page). Mailed notice (gcy) (Entered: 12/01/2004)
2004-12-03 5 0 ATTORNEY APPEARANCE for defendant by Albert Edward Hartmann, Judith L Schuch, Denise Carmela Castillo. (gcy) (Entered: 12/06/2004)
2004-12-03 6 0 AGREED MOTION by defendant for extension of time to answer or otherwise plead in response to plaintiff's complaint ; Notice. (gcy) (Entered: 12/07/2004)
2004-12-03 7 0 LOCAL RULE 3.2 STATEMENT by defendant Trans Union LLC. (gcy) (Entered: 12/07/2004)
2004-12-06 8 0 MINUTE ORDER of 12/6/04 by Hon. Mark Filip : Agreed motion for extension of time for defendant Trans Union LLC to answer or otherwise plead in response to plaintiff's complaint is granted to and including 1/12/05 [6-1]. Telephoned notice (gcy) (Entered: 12/07/2004)
2004-12-06 9 0 RETURN OF SERVICE executed 11/19/04 as to defendant Trans Union LLC. (gcy) (Entered: 12/07/2004)
2004-12-06 10 0 RETURN OF SERVICE executed 11/19/04 as to defendant NCO Fin Syst Inc. (gcy) (Entered: 12/08/2004)
2004-12-22 11 0 ATTORNEY APPEARANCE for defendant by John Michael Hynes, Shannon M Geier. (gcy) (Entered: 12/23/2004)
2004-12-22 12 0 AGREED MOTION by defendant for extension of time ; Notice. (gcy) (Entered: 01/04/2005)
2004-12-10 13 0 CERTIFICATE of Service of Notice of status hearing by defendant (Attachments). (gcy) (Entered: 01/04/2005)
2005-01-03 14 0 MINUTE ORDER of 1/3/05 by Hon. Mark Filip : Status hearing re-set for 1/25/05 at 9:30 a.m. Agreed motion for extension of time for defendant NCO Financial Systems, Inc. to answer or otherwise plead to the complaint up to and including 1/24/05 is granted. Telephoned notice (gcy) (Entered: 01/04/2005)
2005-01-03 15 0 JOINT INITIAL STATUS REPORT by plaintiff John R. Gelfand and defendant Trans Union LLC. (gcy) (Entered: 01/04/2005)
2005-01-07 16 0 ATTORNEY APPEARANCE for defendant by Jessica Maile Aspen. (gcy) (Entered: 01/10/2005)
2005-01-07 17 0 AGREED MOTION by defendant Commowealth Edison for an extension of time to answer or otherwise plead to complaint ; Notice (ntf) (Entered: 01/11/2005)
2005-01-10 18 0 MINUTE ORDER of 1/10/05 by Hon. Mark Filip : Agreed motion of defendant Commonwealth Edison Company for an extension of time to answer or otherwise plead, to and including is granted [17-1]. Telephoned notice (gcy) Modified on 01/11/2005 (Entered: 01/11/2005)
2005-01-12 19 0 ANSWER and affirmative defenses by defendant Trans Union LLC to plaintiff's complaint [1-1] (rbf) (Entered: 01/13/2005)
2005-01-21 20 0 PARTIAL MOTION by Defendant Commonwealth Edison, Co to dismiss Count I of plaintiff's complaint. (gcy, ) (Entered: 01/24/2005)
2005-01-21 21 0 NOTICE of Motion by Jessica Maile Aspen for presentment of Motion by Defendant Commonwealth Edison, Co to dismiss 20 before Honorable Mark Filip on 1/27/2005 at 09:30 a.m. (gcy, ) (Entered: 01/24/2005)
2005-01-21 22 0 MEMORANDMUM by defendant Commonwealth Edison, Co in Support of its partial motion to dismiss count I of plaintiff's complaint. (gcy, ) (Entered: 01/24/2005)
2005-01-21 23 0 ANSWER by defendant Commonwealth Edison, Co.(gcy, ) (Entered: 01/24/2005)
2005-01-21 24 0 NOTICE by filing by Commonwealth Edison, Co. (gcy, ) (Entered: 01/24/2005)
2005-01-24 25 0 MINUTE entry before Judge Mark Filip : Set deadlines/hearing as to Defendant Commonwealth Edison's partial motion to dismiss Count I of Plaintiff's complaint 20 : Responses due by 2/10/2005 Replies due by 2/17/2005. Ruling will be by mail. (Notified parties by telephone) (tbk, ) (Entered: 01/24/2005)
2005-01-25 26 0 MINUTE entry before Judge Mark Filip : Status hearing held on 1/25/2005, Plaintiff shall comply with FRCP(26)(a)(2) by 2/8/05. Defendant shall comply with FRCP(26)(a)(2) by 2/8/05. Initial written discovery to be exchanged by 2/15/05. Fact Discovery ordered closed by 5/25/2005. Status hearing set for 3/22/2005 at 09:30 AM. (No notices, advised in open court) (tbk, ) (Entered: 01/25/2005)
2005-01-24 27 0 ANSWER to Complaint by NCO Financial Systems, Inci; Notice.(gcy, ) (Entered: 01/26/2005)
2005-02-10 28 0 RESPONSE by Plaintiff John R Gelfand to partial motion to dismiss Count I of complaint by defendant Commonwealth Edison Company. (gcy, ) (Entered: 02/15/2005)
2005-03-02 29 0 MOTION by Defendant NCO Financial Systems, Inc. for leave to file additional appearance of counsel (gma, ) (Entered: 03/02/2005)
2005-03-02 30 0 NOTICE of Motion by John Michael Hynes for presentment of MOTION by Defendant NCO Financial Systems, Inc. for leave to file additional appearance of counsel 29 before Honorable Mark Filip on 3/8/2005 at 09:30 AM. (gma, ) (Entered: 03/02/2005)
2005-03-03 31 0 MINUTE entry before Judge Mark Filip : Motion of NCO Financial Systmes, Inc. for leave to file additional appearance of David Israel and Brian Roth of Sessions, Fishman & Nathan 29 is granted. Telephoned notice notice (gcy, ) (Entered: 03/04/2005)
2005-03-07 32 0 MINUTE entry before Judge Mark Filip : For the reasons discussed below, defendants' partial motion to dismissMotion to dismiss 20 (D.E. 20) is denied without prejudice to defendant's ability to reraise the statute of limitations issue after development of the factual record. Mailed notice (gcy, ) (Entered: 03/10/2005)
2005-03-08 33 0 ATTORNEY Appearance for Defendant NCO Financial Systems, Inc. by Brian D. Roth, David Israel. (gcy, ) (Entered: 03/10/2005)
2005-03-22 34 0 MINUTE entry before Judge Mark Filip : Status hearing held on 3/22/2005. Status hearing set for 4/21/2005 at 09:30 AM. No notice (tbk, ) (Entered: 03/22/2005)
2005-04-14 35 0 STIPULATION to dismiss claims against Trans Union, LLC. (gcy, ) (Entered: 04/20/2005)
2005-04-18 36 0 MINUTE entry before Judge Mark Filip : Pursuant to Stipulation, all claims against defendant Trans Union, LLC, only, are dismissed with prejudice and without costs to any party, all costs having been paid and all matters in controversy for which said claims against Trans Union, LLC were brought having been fulled settled, compromised and adjourned. Mailed notice (gcy, ) (Entered: 04/21/2005)
2005-04-21 37 0 MINUTE entry before Judge Mark Filip : Status hearing held on 4/21/2005. All discovery, except for depositions, to be completed on or before 6/20/05. Status hearing set for 6/16/2005 at 09:30 AM. No notice (tbk, ) (Entered: 04/21/2005)
2005-04-21 38 0 EXECUTIVE COMMITTEE ORDER:Case referred to magistrate judge Sidney I. Schenkier from Hon. Mark Filip pursuant to Local Rule 72.1 for settlement conference signed by the Executive Committee on 04/21/05. (jmm, ) (Entered: 04/28/2005)
2005-05-02 39 0 MINUTE entry before Judge Sidney I. Schenkier : Settlement Conference is set for 7/13/2005 at 09:30 a.m. in chambers 1756. The settlement conference will be conducted in acoordance with the Court's Standing Order on Instructions for Settlement Conference, which is enclosed and can also be accessed from the Court's Website at http://10.205.15.104/JUDGE/SCHENKIER/sispage.htm. The schedule for exchange of demand and offer set forth in the standing order is as follows: plaintiff's counsel shall serve on defense counsel a written settlement demand by 6/29/05. Defendant's counsel shall serve on plaintiff's counsel a written settlement offer by 7/6/05. The plaintiff's counsel shall deliver copies of these letters to chambers by noon 7/8/05. Parties with full and complete settlement authority must attend the conference. Mailed notice (gcy, ) (Entered: 05/04/2005)
2005-05-13 40 0 REQUEST For entry of Default against defendant Commonwealth Edison Company on Count I of complaint and affidavit in support thereof. (gcy, ) (Entered: 05/17/2005)
2005-05-23 41 0 ANSWER to count I of plaintiff's Complaint by defendant Commonwealth Edison, Co.(gcy, ) (Entered: 05/27/2005)
2005-06-06 42 0 MINUTE entry before Judge Sidney I. Schenkier : The parties report that this case is settled. The parties are to submit appropriate dismissal papers to the district judge by 7/1/05. The settlement conference set for 7/13/05 is stricken. All matters relating to this referral having been resolved, the referral is hereby terminated. Mailed notices. (gcy, ) (Entered: 06/07/2005)
2005-06-09 43 0 MINUTE entry before Judge Mark Filip : Plaintiff's request for entry of default against defendant Commonwealth Edison Company on Count I of complaint 40 is stricken as moot. No notices required (gcy, ) (Entered: 06/10/2005)
2005-06-10 44 0 MINUTE entry before Judge Mark Filip : All matters in controversy having been settled, the above-entitled case is hereby dismissed without prejudice and with leave to reinstate on or before 8/10/05 after which time the dismissal will be with prejudice if no request to reinstate has been filed. Any and all pending motions are dismissed as moot. Status hearing date of 6/16/05 is stricken. Civil case terminated. Mailed notices. (gcy, ) (Entered: 06/13/2005)