Philos Technologies, Inc. v. Philos & D Inc. et al

Filing 176

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 9/20/2013. Mailed notice by judge's staff. (srb,)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
PHILOS TECHNOLOGIES, INC.,
Plaintiff,
v.
PHILOS & D, INC., et al.,
Defendants.

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No. 08 C 7240

MEMORANDUM ORDER
Experience teaches the unwisdom of permitting any case on a
judge’s calendar to be without a specific next date, whether for
substantive action or for simply a status hearing.

This case

could serve as a poster child for that proposition, with the
added fillip that once a case is no longer pending, the risks
created by the absence of a schedule are exacerbated.
In this instance this action is indeed no longer “pending”
in this Court, because this Court’s September 25, 2012 Findings
of Fact and Conclusions of Law culminated in the dismissal of the
action for lack of personal jurisdiction.

That left for

resolution the motion of defendants for sanctions against Philos
Technologies, Inc. (“Philos Tech”) and each of its attorneys, a
motion that this Court’s extended May 8, 2013 memorandum opinion
and order granted as to Philos Tech but denied as applied to its
attorneys.
Thereafter this Court held a few status hearings at the

behest of the parties, during the last of which (on July 12)
counsel reported on the posture of the pending appeal before our
Court of Appeals and asked, because the situation there was
fluid, that this Court take the pending motion off this Court’s
active calendar and wait to hear from the parties.

More than two

months have elapsed since that hearing without a word from
counsel, reconfirming the unwisdom referred to at the beginning
of this memorandum order.

That will not do--instead a status

hearing is ordered to be held at 9:15 a.m. September 27, 2013 so
that this Court can learn the current prognosis and what if
anything it should be doing on the matter.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

September 20, 2013

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