Jones Day v. BlockShopper.com et al

Filing 48

Jones Day v. BlockShopper.com et al

Doc. 48

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APPEARANCES: -vs-

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JONES DAY, a General Partnership, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No. 08 C 4572 Chicago, Illinois September 3, 2008 9:00 o'clock a.m.

BRIAN TIMPONE, an individual doing business as BlockShopper.com, EDWARD WEINHAUS, an individual doing business as BlockShopper.com, and BLOCKSHOPPER LLC, doing business as BlockShopper.com, Defendants.

TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE JOHN W. DARRAH

For the Plaintiff:

JONES DAY BY: MS. IRENE SAVANIS FIORENTINOS 77 West Wacker Drive Suite 3500 Chicago, Illinois 60601 FOX HEFTER SWIBEL LEVIN & CARROLL MR. MARTIN B. CARROLL 200 West Madison Street Suite 3000 Chicago, Illinois 60606

For the Defendants:

Court Reporter:

Mary M. Hacker Official Court Reporter United States District Court 219 South Dearborn Street, Suite 1426 Chicago, Illinois 60604 Telephone: [phone]

Dockets.Justia.com

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THE CLERK: 08 C 4572, Jones Day versus BlockShopper.com. MS. FIORENTINOS: Good morning, your Honor. Irene Fiorentinos on behalf of Jones Day. THE COURT: Good morning, Ms. Fiorentinos. MR. CARROLL: Good morning, your Honor. Martin Carroll on behalf of defendants. THE COURT: Good morning, Mr. Carroll. MS. FIORENTINOS: Judge, following our conference with you, we did propose schedules and this morning actually we were able to hear from defendants that they are willing to extend the stipulation and keep the status quo in place until as late as March -THE COURT: All right. MS. FIORENTINOS: -- as a way to get a chance to do their motion to dismiss without having to start discovery, other than initial disclosures. And I think that's going to be okay with us. Frankly, I haven't had a chance to discuss it with anyone, but I can't imagine we have an issue, if the Court is okay with the idea of not setting a trial in this matter until sometime in March. THE COURT: Is that agreeable, Counsel? MR. CARROLL: Yes, your Honor. I think the idea being that if we can get a trial date from you towards the

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end of March, we can work backwards from that and then give you an initial scheduling order -THE COURT: All right. MR. CARROLL: -- setting forth the time for us to file -THE COURT: How much time do you need to file a motion to dismiss? MR. CARROLL: Our plan is to file a motion to dismiss on September 19th. THE COURT: How much time to reply? MS. FIORENTINOS: We'll take 14 to reply -- to respond. MR. CARROLL: And seven to reply. That would mean you would have a full -THE COURT: Hold on one second. When are you going to file it? MR. CARROLL: September 19th. THE COURT: Response date, Mel? THE CLERK: October 3rd. MR. CARROLL: And seven days to reply. THE COURT: And a reply date, Mel? THE CLERK: October 10th. THE COURT: And a status date? THE CLERK: November 13th at 9:00 a.m. THE COURT: Okay.

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MS. FIORENTINOS: But we will submit an order, Judge, because we technically have to extend the stipulation. And we will put in there the other matters that we discussed regarding discovery, when it would start and all those matters. THE COURT: Yes. And if you want to just leave it with Ms. Foster, I will sign it. MS. FIORENTINOS: Yes. But the one thing that would be useful, if the Court is able in advance to give us an actual trial date in March, we will be able to use all the dates to trigger backwards from that. THE COURT: Late March, Mel? THE CLERK: Pretrial conference March 26th at 1:30. THE COURT: This is a bench trial -MS. FIORENTINOS: This is a bench trial -THE COURT: -- on the permanent injunction? MR. CARROLL: Correct. THE COURT: We won't need a pretrial conference. THE CLERK: Trial March 30th at 9:00 a.m. THE COURT: Okay. MR. CARROLL: That's fine. MS. FIORENTINOS: Thank you so much. THE COURT: Thank you both. (Which were all the proceedings heard.)

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/s/ Mary M. Hacker Mary M. Hacker Official Court Reporter

CERTIFICATE I certify that the foregoing is a correct transcript from the record of proceedings in the above-entitled matter.

September 19, 2008 Date