Lott v. Levitt et al

Filing 81

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 73 (USCA no. 07-3095) consisting of 1 volume of pleadings and 1 exhibit. (dj, )

Lott v. Levitt et al

Doc. 81

UNITED STATES DISTRICT COURT
MICHAEL W. DOBBINS
CLERK

NORTHERN DISTRICT OF ILLINOIS 219 SOUTH DEARBORN STREET CHICAGO, ILLINOIS 60604

312-435-5670

September 20, 2007 Mr. Gino J. Agnello, Clerk U.S. Court of Appeals-Seventh Circuit 219 South Dearborn Street-Room 2722 Chicago, Illinois 60604 RE: Lott -v- Levitt U.S.D.C. DOCKET NO. : 06 cv 2007 U.S.C.A. DOCKET NO. : 07 - 3095 Dear Mr. Agnello: Please find attached the original record on appeal consisting of the following: VOLUME(S) OF PLEADING(S) VOLUME(S) OF TRANSCRIPT(S) VOLUME(S) OF DEPOSITION(S) EXHIBITS VAULT ITEMS: OTHER (SPECIFY): SPECIAL NOTE: Please acknowledge date of receipt of the above mentioned materials on the attached copy of this letter. Very truly yours, Michael W. Dobbins, Clerk By:________________________________ D. Jordan, Deputy Clerk 1 Exhibit 1 Volume of Pleadings

Dockets.Justia.com

I, MICHAEL W. DOBBINS, CLERK of the United States District Court for the Northern District of Illinois, do hereby certify to the United States Court of Appeals, for the Seventh Circuit, that the documents submitted herewith and annexed hereto are the original papers filed and entered of record in my office, on the dates in the List of Documents, and together with a true copy of docket entries as they appear in the official dockets in this office, consisting of:

1 Volume of Pleadings 1 Exhibit

In the cause entitled: Lott -v- Levitt. USDC NO. USCA NO. : 06 cv 2007 : 07 - 3095 IN TESTIMONY WHEREOF, I hereunto subscribed my name and affixed the seal of the aforesaid Court at Chicago, Illinois, this 20th day of Sept. 2007. MICHAEL W. DOBBINS, CLERK By: ____________________________________ D. Jordan, Deputy Clerk

United States District Court
Northern District of Illinois 219 South Dearborn Street Chicago, Illinois 60604 I, MICHAEL W. DOBBINS, CLERK of the United States District Court for the Northern District of Illinois, do hereby certify to the United States Court of Appeals, for the Seventh Circuit, that the following is transmitted as part of the record on appeal in the cause entitled: Lott -v- Levitt USDC No.: 06 cv 2007 USCA No.: 07 - 3095 FILED DATE 6/5/06 ITEM NO. 20 DESCRIPTION EXHIBIT 1 by defendants

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the aforesaid court at Chicago Illinois, this 20th day of Sept. 2007. MICHAEL W. DOBBINS, CLERK By:________________________________ D. Jordan, Deputy Clerk

APPEAL, LEVIN, PROTO, TERMED

United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago) CIVIL DOCKET FOR CASE #: 1:06-cv-02007 Internal Use Only
Lott v. Levitt et al Assigned to: Honorable Ruben Castillo Case in other court: 07-03095 Date Filed: 04/10/2006 Date Terminated: 08/07/2007 Jury Demand: Plaintiff Nature of Suit: 360 P.I.: Other Jurisdiction: Diversity

Cause: 28:1332 Diversity-Other Contract

Plaintiff John R. Lott, Jr. represented byMark L. Johnson Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Paul E. Freehling Seyfarth Shaw LLP 131 South Dearborn Street Suite 2400 Chicago, IL 60603-4205 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Stephen H. Marcus Law Office of Stephen H. Marcus 1050 17th St., N.W. Suite 600 Washington, DC 20036 [phone] ATTORNEY TO BE NOTICED Page 1 of 10

Thomas A. Vickers Vanek, Vickers & Masini, P.C. 225 W. Washington Street #1850 Chicago, IL 60606 [phone] Email: [e-mail] TERMINATED: 07/10/2007

V. Defendant Steven D. Levitt represented bySlade R Metcalf Hogan & Hartson LLP 875 Third Avenue New York, NY 10022 [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED David P. Sanders Jenner & Block LLP 330 North Wabash Chicago, IL 60611 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Gail C. Gove Hogan & Hartson LLP 875 Third Avenue New York, NY 10022 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Wade A Thompson Jenner & Block LLP 330 North Wabash Chicago, IL 60611 [phone] Page 2 of 10

Email: [e-mail] ATTORNEY TO BE NOTICED Defendant HarperCollins Publishers, Inc. TERMINATED: 01/11/2007 represented byDavid P. Sanders (See above for address) TERMINATED: 01/11/2007 Gail C. Gove (See above for address) TERMINATED: 01/11/2007 Slade R Metcalf (See above for address) TERMINATED: 01/11/2007 Wade A Thompson (See above for address) TERMINATED: 01/11/2007 Defendant HarperCollins Publishers, Inc. TERMINATED: 01/11/2007 Respondent Third-party University Of Chicago represented byJacob Maxwell Rubinstein Meckler Bulger & Tilson LLP 123 North Wacker Drive Suite 1800 Chicago, IL 60606 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED

Date Filed 04/10/2006 04/10/2006

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Docket Text 1COMPLAINT filed by John R. Lott, Jr.,; Jury Demand.(hp, ) (Entered: 04/12/2006) 2CIVIL Cover Sheet (hp, ) (Entered: 04/12/2006) Page 3 of 10

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3ATTORNEY Appearance for Plaintiff John R. Lott, Jr., by Thomas A. Vickers (hp, ) (Entered: 04/12/2006) 4(Court only) RECEIPT regarding payment of filing fee paid on 4/10/2006 in the amount of $350.00, receipt number 10332852 (hp, ) (Entered: 04/12/2006) 5SUMMONS Issued as to Defendants Steven D. Levitt, HarperCollins Publishers, Inc. (hp, ) (Entered: 05/01/2006) 6MINUTE entry before Judge Ruben Castillo : Parties to file a joint status report on or before 6/5/2006. Status hearing set for 6/8/2006 at 9:45 AM. Mailed notice (rao, ) (Entered: 05/08/2006) 7ATTORNEY Appearance for Defendants Steven D. Levitt, HarperCollins Publishers, Inc. by David P. Sanders (Sanders, David) (Entered: 05/17/2006) 8ATTORNEY Appearance for Defendants Steven D. Levitt, HarperCollins Publishers, Inc. by Wade A Thompson (Thompson, Wade) (Entered: 05/17/2006) 9MOTION by Defendants Steven D. Levitt, HarperCollins Publishers, Inc. for extension of time to Answer or otherwise Plead to complaint (Agreed) (Sanders, David) (Entered: 05/17/2006) 10NOTICE of Motion by David P. Sanders for presentment of motion for extension of time9 before Honorable Ruben Castillo on 5/24/2006 at 09:45 AM. (Sanders, David) (Entered: 05/17/2006) 11MINUTE entry before Judge Ruben Castillo : Defendants' agreed motion to extend time to answer or otherwise plead to complaint 9 is granted. Defendants to answer or otherwise plead to the complaint on or before 6/5/2006. Motion hearing set for 5/24/2006 is vacated. Status report filing date of 6/5/2006 and status hearing set for 6/8/2006 at 9:45 a.m. will stand. Mailed notice (rao, ) (Entered: 05/18/2006) 12APPLICATION for Leave to Appear Pro Hac Vice on behalf of Defendants Steven D. Levitt, HarperCollins Publishers, Inc. by Slade R. Metcalf; Order entered granting leave by Ruben Castillo. Filing fee $50.00 paid, receipt number 10641668 (hp, ) (Entered: 05/31/2006) 13APPLICATION for Leave to Appear Pro Hac Vice on behalf of Defendants Steven D. Levitt, HarperCollins Publishers, Inc. by Gail C. Gove; Order entered granting leave by Ruben Castillo. Filing fee $50.00 paid, receipt number 10641668 (hp, ) (Entered: 05/31/2006) 14STATUS Report (Joint) by John R. Lott, Jr, Steven D. Levitt, HarperCollins Publishers, Inc. (Sanders, David) (Entered: 06/02/2006) 15MOTION by Defendant HarperCollins Publishers, Inc. to dismiss Page 4 of 10

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(Sanders, David) (Entered: 06/02/2006) 06/02/2006 06/02/2006 16MOTION by Defendant Steven D. Levitt to dismiss (Sanders, David) (Entered: 06/02/2006) 17NOTICE of Motion by David P. Sanders for presentment of motion to dismiss15, motion to dismiss16 before Honorable Ruben Castillo on 6/8/2006 at 09:45 AM. (Sanders, David) (Entered: 06/02/2006) 18STATEMENT by Steven D. Levitt, HarperCollins Publishers, Inc. Pursuant to Federal Rule of Civil Procedure 7.1 (Sanders, David) (Entered: 06/02/2006) 21APPLICATION for Leave to Appear Pro Hac Vice on behalf of John R. Lott, Jr by Stephen H. Marcus; Order entered granting leave by Ruben Castillo. Filing fee $50.00 paid, receipt number 10717352 (hp, ) (Entered: 06/07/2006) 19NOTICE by all defendants of Filing Exhibit 1 in Defendant HarperCollins' Motion to Dismiss (Sanders, David) (Entered: 06/05/2006) 20EXHIBIT 1 by Defendants to Defendant HarperCollins' motion to dismiss 19 (hp, ) (Entered: 06/06/2006) 22MEMORANDUM by Steven D. Levitt in Support of motion to dismiss16 (Sanders, David) (Entered: 06/07/2006) 23MEMORANDUM by HarperCollins Publishers, Inc. in Support of motion to dismiss15 (Sanders, David) (Entered: 06/07/2006) 24MINUTE entry before Judge Ruben Castillo : Status hearing held. Plaintiff's response to defendant Harper/Collins Publishers, Inc.'s motion to dismiss 15 and defendant Steven D. Levitt's motion to dismiss 16 is due on or before 7/10/2006. Defendants' replies will be due on or before 7/24/2006. The Court will rule by mail. Mailed notice (rao, ) (Entered: 06/08/2006) 25MEMORANDUM by John R. Lott, Jr in Opposition to motion to dismiss15, motion to dismiss16 (Vickers, Thomas) (Entered: 07/10/2006) 26REPLY Memorandum in Support of Defendants' Motion to Dismiss (Metcalf, Slade) (Entered: 07/24/2006) 27MINUTE entry before Judge Ruben Castillo : Status hearing set for 1/24/2007 at 9:45 a.m. Enter Memorandum Opinion and Order. Defendant HarperCollins Publishers, Inc.'s motion to dismis Count I of Plaintiff's complaint 15 is granted. Defendant Levitt's motion to dismiss 16 is granted as to Count I and denied as to Count II. Defendant HarperCollins Publishers, Inc. is hereby dismissed with prejudice. (For further detail see separate order.) Mailed notice (hp, ) (Entered: Page 5 of 10

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01/16/2007) 01/11/2007 01/22/2007 28MEMORANDUM Opinion and Order Signed by Judge Ruben Castillo on 1/11/2007:Mailed notice(hp, ) (Entered: 01/16/2007) 29MINUTE entry before Judge Ruben Castillo :Status hearing set for 1/24/2007 is vacated. Settlement conference set for 1/31/2007 at 1:30 PM. Clients with settlement authority are directed to appear or be available by telephone.Mailed notice (rao, ) (Entered: 01/22/2007) 30MOTION by Defendant Steven D. Levitt for extension of time to Respond to Count II of the Complaint (Agreed Motion) (Sanders, David) (Entered: 01/24/2007) 31NOTICE of Motion by David P. Sanders for presentment of extension of time30 before Honorable Ruben Castillo on 1/30/2007 at 09:45 AM. (Sanders, David) (Entered: 01/24/2007) 32MINUTE entry before Judge Ruben Castillo :Settlement conference reset to 2/15/2007 at 2:00 p.m. Settlement conference set for 1/31/2007 is vacated. Defendant Levitt's agreed motion to extend time for defendant Levitt to respond to Count II 30 is granted. Defendant to answer or otherwise plead to Count II within 21 days of the settlement conference. Motion hearing set for 1/30/2007 is vacated.Mailed notice (rao, ) (Entered: 01/24/2007) 33MINUTE entry before Judge Ruben Castillo :Parties' oral request to reset the settlement conference is granted. Settlement conference reset to 3/28/2007 at 11:00 AM.Mailed notice (rao, ) (Entered: 02/15/2007) 34MINUTE entry before Judge Ruben Castillo :The settlement conference set for 3/28/2007 will begin at 10:30 AM.Mailed notice (rao, ) (Entered: 03/23/2007) 35MINUTE entry before Judge Ruben Castillo :Settlement conference held in chambers on 3/28/2007. The parties are requested to reevaluate their final settlement positions. Defendant's answer or amended pleadings by Plaintiff will be due on or before 4/30/2007. The Court will hold a status hearing in open court on 5/2/2007 at 9:45 AM. A firm litigation schedule will be set at the next status hearing.Mailed notice (rao, ) (Entered: 03/29/2007) 36ANSWER to Complaint by Steven D. Levitt(Gove, Gail) (Entered: 04/27/2007) 37STATUS Report (Joint Revised) by Steven D. Levitt (Gove, Gail) (Entered: 04/27/2007) 38Corrected ANSWER to Complaint by Steven D. Levitt(Gove, Gail) (Entered: 04/30/2007)

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39MINUTE entry before Judge Ruben Castillo :Status hearing held on 5/2/2007 and continued to 6/12/2007 at 9:45 AM. The parties are granted leave to proceed with all discovery. All discovery to be completed on or before 7/31/2007. Bench trial set for 10/1/2007 at 9:45 AM. Mailed notice (rao, ) (Entered: 05/02/2007) 40MINUTE entry before Judge Ruben Castillo :Status hearing reset to 6/14/2007 at 9:45 AM. Status hearing set for 6/12/2007 is vacated.Mailed notice (rao, ) (Entered: 05/04/2007) 41MOTION by Plaintiff John R. Lott, Jr for protective order (Vickers, Thomas) (Entered: 05/25/2007) 42MOTION by Plaintiff John R. Lott, Jr for protective order (Corrected) (Vickers, Thomas) (Entered: 05/29/2007) 43MEMORANDUM by Steven D. Levitt in Opposition to motion for protective order42 (Thompson, Wade) (Entered: 06/04/2007) 44ATTORNEY Appearance University of Chicago (Rubinstein, Jacob) (Entered: 06/12/2007) 45MOTION by Respondent University Of Chicago for protective order Preventing Disclosure of "Peer Referee" Identities and Other Confidential Information (Rubinstein, Jacob) (Entered: 06/12/2007) 46NOTICE of Motion by Jacob Maxwell Rubinstein for presentment of motion for protective order45 before Honorable Ruben Castillo on 6/19/2007 at 09:45 AM. (Rubinstein, Jacob) (Entered: 06/12/2007) 47ATTORNEY Appearance for Plaintiff John R. Lott, Jr by Paul E. Freehling (Freehling, Paul) (Entered: 06/14/2007) 48MINUTE entry before Judge Ruben Castillo :Status hearing held on 6/14/2007 and continued to 7/17/2007 at 9:45 a.m. Plaintiff's motion for protective order 41 is denied as moot. Plaintiff's corrected motion for protective order 42 is denied for the reasons stated in open court. Motion by respondent University of Chicago for protective order 45 is granted to the extent stated in open court. Motion hearing set for 6/19/2007 is vacated. Parties to submit an agreed protective order to chambers by 6/28/2007 or submit individual proposed protective orders to chambers by 7/6/2007.Mailed notice (rao, ) (Entered: 06/14/2007) 49MOTION by counsel for Plaintiff John R. Lott, Jr to withdraw as attorney (local counsel for Plaintiff) (Vickers, Thomas) (Entered: 07/03/2007) 50ATTORNEY Appearance for Plaintiff John R. Lott, Jr by Mark L. Johnson (Johnson, Mark) (Entered: 07/06/2007) 51ATTORNEY Appearance for Plaintiff John R. Lott, Jr by Paul E. Freehling Amended Appearance (Freehling, Paul) (Entered: Page 7 of 10

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07/06/2007) 07/06/2007 07/09/2007 54STIPULATED Protective Order Signed by Judge Ruben Castillo on 7/6/2007.(rbf, ) (Entered: 07/11/2007) 52NOTICE of Motion by Thomas A. Vickers for presentment of motion to withdraw as attorney49 before Honorable Ruben Castillo on 7/11/2007 at 09:45 AM. (Vickers, Thomas) (Entered: 07/09/2007) 53MINUTE entry before Judge Ruben Castillo : Motion hearing set for 7/11/07 is vacated. Thomas A. Vickers' motion to withdraw 49 as local counsel on behalf of plaintiff is granted. Attorney Thomas A. Vickers terminated.Mailed notice (rbf, ) (Entered: 07/11/2007) 55MINUTE entry before Judge Ruben Castillo :Status hearing held on 7/17/2007. The Court will hold a settlement conference in chambers on 7/18/2007 at 4:00 PM.Mailed notice (rao, ) (Entered: 07/17/2007) 56MINUTE entry before Judge Ruben Castillo :Settlement conference held in chambers on 7/18/2007. The parties are directed to notify this Court by 7/30/2007 if this case has been settled. Status hearing set for 7/31/2007 at 9:45 AM.Mailed notice (rao, ) (Entered: 07/23/2007) 57MOTION by Plaintiff John R. Lott, Jr for reconsideration dismissal of Count I (Attachments: # 1 Exhibit)(Johnson, Mark) (Entered: 07/27/2007) 58NOTICE of Motion by Mark L. Johnson for presentment of motion for reconsideration57 before Honorable Ruben Castillo on 8/8/2007 at 09:45 AM. (Johnson, Mark) (Entered: 07/27/2007) 59MOTION by Plaintiff John R. Lott, Jr for leave to file Amended Complaint (Attachments: # 1 Exhibit)(Johnson, Mark) (Entered: 07/30/2007) 60MOTION by Plaintiff John R. Lott, Jr for leave to file amended complaint (Attachments: # 1 Exhibit corrected)(Johnson, Mark) (Entered: 07/30/2007) 61NOTICE of Motion by Mark L. Johnson for presentment of motion for leave to file60 before Honorable Ruben Castillo on 8/8/2007 at 09:45 AM. (Johnson, Mark) (Entered: 07/30/2007) 62MINUTE entry before Judge Ruben Castillo : Plaintiff's motion for reconsideration of dismissal of count I is denied for the reasons stated in open court. Response due 8/14/2007 to plaintiff's motion for leave to file an amended complaint. Reply due 8/21/2007. Status hearing set for 8/23/2007 at 9:45a.m.Mailed notice (slb, ) (Entered: 07/31/2007) 63MINUTE entry before Judge Ruben Castillo :The trial date is stricken.Mailed notice (slb, ) (Entered: 07/31/2007) Page 8 of 10

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64STIPULATION of Dismissal Rule 41(a)(1) Stipulation of Dismissal of Count II of the Complaint (Johnson, Mark) (Entered: 08/03/2007) 65MINUTE entry before Judge Ruben Castillo :Status hearing set for 8/23/2007 is vacated. This case is hereby dismissed with prejudice pursuant to the Rule 41(a)(1) Stipulation of Dismissal of Count II of the Complaint filed on 8/3/2007. Mailed notice (rao, ) (Entered: 08/07/2007) 66MINUTE entry before Judge Ruben Castillo :This Court's earlier order is modified as follows. Count II of the Complaint is dismissed with prejudice. Plaintiff will be allowed to pursue his motion for leave to file an amended complaint 60. Defendant's response will be due 8/14/2007. Plaintiff's reply will be due 8/21/2007. The Court will rule on 8/23/2007 at 9:45 AM. Mailed notice (rao, ) (Entered: 08/07/2007) 67MEMORANDUM by Steven D. Levitt, HarperCollins Publishers, Inc. In Opposition to Plaintiff's Motion for Leave to File an Amended Complaint (Attachments: # 1 Exhibit A)(Metcalf, Slade) (Entered: 08/14/2007) 68NOTICE by HarperCollins Publishers, Inc., Steven D. Levitt re memorandum67 With Certificate of Service (Metcalf, Slade) (Entered: 08/14/2007) 69REPLY by Plaintiff John R. Lott, Jr (Memorandum of Law in Support of Motion for Leave for File His First Amended Complaint (Freehling, Paul) (Entered: 08/21/2007) 70MINUTE entry before Judge Ruben Castillo :Motion hearing held on 8/23/07. Enter Order. Plaintiff's motion for leave to file amended complaint 60 is denied. Mailed notice (rbf, ) (Entered: 08/24/2007) 71ORDER Signed by Judge Ruben Castillo on 8/23/2007.(rbf, ) (Entered: 08/24/2007) 72ENTERED JUDGMENT Signed by Deputy Clerk on 8/23/2007.(rbf, ) (Entered: 08/24/2007) 73NOTICE of appeal by John R. Lott, Jr regarding orders 71, 62, 28, 27, 72, 70 ; Filing fee $ 455.00 paid; Receipt number 10341149 (dj, ) (Entered: 08/31/2007) 74TRANSMITTED to the 7th Circuit the short record on 8/31/07 notice of appeal73. Notified counsel (dj, ) (Entered: 08/31/2007) 75ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 73 ; USCA Case No. 07-3095 (rbf, ) (Entered: 09/04/2007) 76DESIGNATION by John R. Lott, Jr of record on appeal : USCA Case No. 07-3095 (Attachments: # 1 Exhibit 1-3)(Johnson, Mark) (Entered: Page 9 of 10

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09/10/2007) 09/10/2007 09/12/2007 80SEVENTH CIRCUIT transcript information sheet. (DOCUMENT NOT SCANNED). (rbf, ) (Entered: 09/18/2007) 77DESIGNATION by John R. Lott, Jr of record on appeal : USCA Case No. 07-3095 (Attachments: # 1 Exhibit)(Johnson, Mark) (Entered: 09/12/2007) 78NOTICE by John R. Lott, Jr re designation of record on appeal77 (Johnson, Mark) (Entered: 09/12/2007) 79DESIGNATION by Steven D. Levitt, HarperCollins Publishers, Inc. of record on appeal : USCA Case No. 07-3095 (Gove, Gail) (Entered: 09/14/2007)

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KEY All items are included in this record. (Or) All cross out items are not included in the record. S/C: These items are sent under a separate certificate. N/A: These items are not available.

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