Carr v. Advance Auto Parts, Inc
Consolidated
Lead case: 2:24-md-03126
Lead case: 2:24-md-03126
| Montana District Court | |
| Judge: | Brian Morris |
| Case #: | 2:24-cv-00140 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Oct 09, 2024 |
| Case in other court: | North Carolina Eastern, 5:24-cv-00445 |
| Last checked: Sunday Nov 24, 2024 3:36 AM MST |
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Defendant
Advance Auto Parts, Inc.
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Represented By
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Plaintiff
Gary Carr
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Represented By
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| Docket last updated: 01/22/2025 11:59 PM MST |
| Monday, January 06, 2025 | ||
| 39 | 39
notice
Notice of Voluntary Dismissal
Mon 01/06 2:52 PM
NOTICE of Voluntary Dismissal by Gary Carr (Thompson, Bryan) |
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| Tuesday, November 19, 2024 | ||
| 38 | 38
misc
Transcript Order Form - SDM
Tue 11/19 1:03 PM
TRANSCRIPT ORDER FORM by Ticketmaster, LLC, Live Nation Entertainment, Inc., Live Nation Worldwide Inc for proceedings held on 11/14/2024 before Judge Brian M. Morris. Court reporter Yvette Heinze. Type of transcript: 7-Day. Transcript due by 11/29/2024. Associated Cases: 2:24-md-03126-BMM et al. (Inabnit, Elijah) |
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utility
Terminate Deadlines and Hearings
Tue 11/19 1:43 PM
Terminate Deadlines38 Transcript Order; transcript should have only been filed in MD 24-3126 BU. (ACC) |
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| Friday, November 08, 2024 | ||
| 37 | 37
notice
Notice of Appearance
Fri 11/08 2:00 PM
NOTICE of Appearance by Lynn Toops on behalf of Alessandra Conte Associated Cases: 2:24-md-03126-BMM et al. (Toops, Lynn) |
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| Thursday, November 07, 2024 | ||
| 36 | 36
motion
Appoint Counsel
Thu 11/07 11:26 PM
MOTION to Appoint Counsel Application to Appoint Amy Keller and Timothy Blood and Their Leadership Team as Interim Class Counsel . Timothy G. Blood appearing for MDL - Notice Only Maddalena Bowers, Amber Craig, Jane Doe, Rosalia Garcia, Robert Jones, Kathy Martin, Mari Miller, Morgan Murphy, Richard Olivieri, Cynthia Ryan, Lauren Woon. Associated Cases: 2:24-md-03126-BMM et al. (Blood, Timothy) |
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Att: 1
Affidavit Declaration of Timothy G. Blood,
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Att: 2
Exhibit 1 Draft Proposed Order,
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Att: 3
Exhibit 2 BHO Firm Resume,
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Att: 4
Exhibit 3 Dicello Levitt Resume,
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Att: 5
Exhibit 4 Rossbach Resume,
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Att: 6
Exhibit 5 Boland Aarab Resume,
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Att: 7
Exhibit 6 Lieff Cabraser Resume,
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Att: 8
Exhibit 7 Golston Resume,
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Att: 9
Exhibit 8 Hart Resume,
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Att: 10
Exhibit 9 Loeser Resume,
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Att: 11
Exhibit 10 Kodadek Resume,
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Att: 12
Exhibit 11 Morrison Resume
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| 35 | 35
motion
Appoint Counsel
Thu 11/07 4:48 PM
MOTION to Appoint Counsel . Paul Doolittle appearing for MDL - Notice Only Kimberly Blake, Serena Chapman, Chastine Dickey-Johnson, Lamibia Dunham, Alexis Morgan, Marc Reichbart. Associated Cases: 2:24-md-03126-BMM et al. (Doolittle, Paul) |
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Att: 1
Exhibit Declaration,
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Att: 2
Exhibit Firm Resume
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| 34 | 34
notice
Notice of Appearance
Thu 11/07 12:34 PM
NOTICE of Appearance by Nicholas John Pagnotta on behalf of AT&T Inc., AT&T Mobility LLC Associated Cases: 2:24-md-03126-BMM et al. (Pagnotta, Nicholas) |
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| 33 | 33
notice
Notice of Appearance
Thu 11/07 12:31 PM
NOTICE of Appearance by Mark Williams on behalf of AT&T Inc., AT&T Mobility LLC Associated Cases: 2:24-md-03126-BMM et al. (Williams, Mark) |
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| Monday, November 04, 2024 | ||
| 32 | 32
notice
Notice of Appearance
Mon 11/04 1:19 PM
NOTICE of Appearance by James E. Cecchi on behalf of Cindy Wallace Associated Cases: 2:24-md-03126-BMM et al. (Cecchi, James) |
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| 31 | 31
notice
Notice of Appearance
Mon 11/04 12:02 PM
NOTICE of Appearance by Leon Hampton, Jr on behalf of Amber Craig, Jane Doe, Morgan Murphy Associated Cases: 2:24-md-03126-BMM et al. (Hampton, Leon) |
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| 30 | 30
notice
Notice of Appearance
Mon 11/04 11:52 AM
NOTICE of Appearance by Jessica M Haynes on behalf of Amber Craig, Morgan Murphy, Jane Doe Associated Cases: 2:24-md-03126-BMM et al. (Haynes, Jessica) |
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| 29 | 29
notice
Notice of Appearance
Mon 11/04 9:44 AM
NOTICE of Appearance by Larry A Golston, Jr on behalf of Amber Craig, Morgan Murphy, Jane Doe Associated Cases: 2:24-md-03126-BMM et al. (Golston, Larry) |
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| Saturday, November 02, 2024 | ||
| 28 | 28
notice
Notice of Appearance
Sat 11/02 9:14 AM
NOTICE of Appearance by R. Brent Irby, I on behalf of Amber Craig, Jane Doe, Morgan Murphy Associated Cases: 2:24-md-03126-BMM et al. (Irby, R.) |
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| Friday, November 01, 2024 | ||
| 27 | 27
notice
Notice of Appearance
Fri 11/01 3:23 PM
NOTICE of Appearance by James Pearl on behalf of Live Nation Entertainment, Inc., Live Nation Worldwide Inc Associated Cases: 2:24-md-03126-BMM et al. (Pearl, James) |
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| Monday, October 28, 2024 | ||
| 26 | 26
notice
Notice of Withdrawal of Counsel - MT
Mon 10/28 12:57 PM
NOTICE of Withdrawal of Counsel: Kelly Margolis Dagger and Thomas Hamilton Segars withdrawing from the case, filed by Advance Auto Parts, Inc., Advance Stores Company, Incorporated, Advance Stores Company, Incorporated, Data Breach Litigation. Associated Cases: 2:24-md-03126-BMM et al. (ACC) |
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| 25 | 25
notice
Notice of Appearance
Mon 10/28 10:51 AM
NOTICE of Appearance by James Pearl on behalf of Ticketmaster, LLC Associated Cases: 2:24-md-03126-BMM et al. (Pearl, James) |
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| Wednesday, October 23, 2024 | ||
| 24 | 24
utility
MDL Notice to Counsel
Wed 10/23 3:44 PM
SECOND NOTICE TO PRO HAC VICE ATTORNEYS : Attorneys not admitted to the federal bar for the District of Montana must request pro hac vice e-filing access by filing a motion to proceed pro have vice in their individual case on or before November 4th . Once the pro hac vice motion has been granted, counsel shall file a notice of appearance in the master docket. Instructions for submitting an MDL Attorney E-Filing Registration request in PACER can be found [LINK:here] . Those who are not admitted by that date will have their e-filing access and notifications terminated . If you have any questions please contact the MDL docket clerk at 406-727-1922. Associated Cases: 2:24-md-03126-BMM et al. (MMS) |
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| Tuesday, October 22, 2024 | ||
| 23 | 23
notice
Notice of Appearance
Tue 10/22 11:14 AM
NOTICE of Appearance by Daniel Scott Carlton on behalf of Ticketmaster, LLC Associated Cases: 2:24-md-03126-BMM et al. (Carlton, Daniel) |
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| Monday, October 21, 2024 | ||
| 22 | 22
order
Order Setting - MT
Mon 10/21 3:18 PM
TEXT Order Setting: IT IS HEREBY ORDERED that the Initial Case Management Conference is set for 11/14/2024 at 10:00 AM at the Mike Mansfield Federal Courthouse in Butte, MT before Judge Brian Morris. For the parties appearing by Zoom, the Zoom instructions are as follows: Your Meeting ID is 16084709930 and your Passcode is 992335. To join a meeting, open the Zoom application on your device and click "Join a Meeting" (or similar "Join" button). You will need to enter both this Meeting ID and Passcode to join the meeting. If you do not have Zoom installed on your device, you can join via a web browser at https://zoom.us/join using the same Meeting ID and Passcode. Signed by Judge Brian Morris on 10/21/2024. Associated Cases: 2:24-md-03126-BMM et al. (SLL) |
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| Thursday, October 10, 2024 | ||
| 21 | 21
utility
MDL Notice to Counsel
Thu 10/10 1:52 PM
COUNSEL PLEASE NOTE: This docket contains pleadings and orders pertaining to this case only and some, but not all, orders from the master case file In re: Snowflake, Inc., Data Security Breach Litigation MDL No. 24-3126 Counsel should read and comply with all Pretrial Orders filed in the master case. Pleadings filed and orders issued in the master case may be accessed through the master docket sheet at 2:24-md-3126-BMM. Additionally, access to Pretrial Orders, minutes, transcripts, and other documents issued in the master case may be found on the[LINK:Snowflake, Inc. Data Breach MDL website page] . Attorneys not admitted to the federal bar for the District of Montana must request pro hac vice e-filing access to the District of Montana CM/ECF system through PACER and then electronically file a motion to proceed pro hac vice in this matter. Once the pro hac vice motion has been granted, counsel shall file a notice of appearance in the master docket. Instructions for submitting an MDL Attorney E-Filing Registration request in PACER can be found[LINK:here] . If you have any questions please contact the MDL docket clerk at 406-727-1922. (MMS) |
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| Wednesday, October 09, 2024 | ||
| 20 | 20
transfer
Case Transferred In - District Transfer
Wed 10/09 2:25 PM
Case transferred in from District of North Carolina Eastern; Case Number 5:24-cv-00445. Original file with document, certified copy of transfer order and docket sheet received. Case assigned to Judge Brian Morris per MDL (MMS, ) |
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| 19 | 19
8
pgs
order
Order
Wed 10/09 10:07 AM
TRANSFER ORDER. Signed by Nathaniel M. Gorton on 10/8/2024. (McNally, Kimberly) |
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| Case transferred to District of Montana. File transmitted electronically. (McNally, Kimberly) [Transferred from nced on 10/9/2024.] | ||
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transfer
Case Transferred Out - District
Wed 10/09 10:08 AM
Case transferred to District of Montana. File transmitted electronically. (McNally, Kimberly) |
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| Wednesday, August 14, 2024 | ||
| 18 | 18
ORDER on Consolidation. Case Numbers 5:24-CV-00445 and 5:24-CV-00429 are consolidated with 5:24-CV-00352, and the Clerk of Court is directed to subsequently close those cases. All future pleadings, motions, briefs, and other papers shall be filed in Case No. 5:24-CV-00352. Signed by Chief U.S. District Judge Richard E. Myers II on 8/14/2024. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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| Case association created with 5:24-cv-00352-M-RN. (McNally, Kimberly) [Transferred from nced on 10/9/2024.] | ||
| Monday, August 12, 2024 | ||
| TEXT ORDER REASSIGNING CASE. At the direction of the Court and for the continued efficient administration of justice, this case is reassigned to Chief United States District Judge Richard E. Myers II for all further proceedings. United States District Judge James C. Dever III is no longer assigned to the case. All future filings should reflect the revised case number of 5:24-CV-445-M. Signed by Peter A. Moore, Jr., Clerk of Court on 8/12/2024. (Hockaday, A.) [Transferred from nced on 10/9/2024.] | ||
| Wednesday, July 31, 2024 | ||
| 17 | 17
Notice of Appearance filed by Thomas Hamilton Segars on behalf of Advance Auto Parts, Inc.. (Segars, Thomas) [Transferred from nced on 10/9/2024.]
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| 16 | 16
Financial Disclosure Statement by Advance Auto Parts, Inc. (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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| 15 | 15
Notice of Appearance filed by Kelly Margolis Dagger on behalf of Advance Auto Parts, Inc.. (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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| 14 | 14
Notice to Counsel Regarding Transfer of Case to the Eastern District of North Carolina. The party should read the notice in its entirety for additional information. (Rudd, D.) [Transferred from nced on 10/9/2024.]
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Case transferred in from District of Illinois Northern. Case Number 1:24-cv-05475. Transfer order and docket sheet obtained from transferring district. [Transferred from nced on 10/9/2024.]
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| Friday, July 26, 2024 | ||
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TRANSFERRED to the Eastern District of North Carolina the electronic record. (gcy, ) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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NOTICE of Correction10 . (gcy, ) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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ENTERED IN ERROR. [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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| Thursday, July 25, 2024 | ||
| 9 | 9
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant's unopposed motion to transfer this case8 is granted pursuant to 28 USC 1404(a). Defendant asserts, and Plaintiffs do not dispute, that venue is proper in the Eastern District of North Carolina because several similarly situated class actions arising from the same cybersecurity incident are pending in that District and those actions have been ordered consolidated. The Court agrees that venue would be proper in the Eastern District of North Carolina, and it transfers this case in the interests of justice. The Clerk is directed to transfer this case to the Eastern District of North Carolina pursuant to 28 USC 1404(a). The status hearing set for September 11, 20243 is stricken. Case transferred. Mailed notice. (jlj, ) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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| 8 | 8
MOTION by Defendant Advance Auto Parts, Inc to transfer case and Memorandum in Support [UNOPPOSED] (Liu, Kailin) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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Att: 1
Exhibit A
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| Wednesday, July 24, 2024 | ||
| 7 | 7
MINUTE entry before the Honorable Lindsay C. Jenkins: Defendant Advance Auto Part's unopposed motion for an extension of time6 is granted. Defendant's responsive pleading is now due by August 23, 2024. Mailed notice. (jlj, ) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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| Tuesday, July 23, 2024 | ||
| 6 | 6
MOTION by Defendant Advance Auto Parts, Inc for extension of time to file responsive pleading [UNOPPOSED] (Liu, Kailin) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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| Tuesday, July 16, 2024 | ||
| 5 | 5
ATTORNEY Appearance for Defendant Advance Auto Parts, Inc by Kailin Liu (Liu, Kailin) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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| Tuesday, July 09, 2024 | ||
| 4 | 4
SUMMONS Returned Executed by Gary Carr as to Advance Auto Parts, Inc on 7/2/2024, answer due 7/23/2024. (Thompson, Bryan) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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| Monday, July 01, 2024 | ||
| 3 | 3
MINUTE entry before the Honorable Lindsay C. Jenkins: In person initial status hearing set for September 11, 2024 at 9:15 a.m. in Courtroom 2119. Initial Status Report shall be filed by September 4, 2024. The report should comply with the requirements set forth in the Initial Status Report standing order, which can be found at Judge Jenkins's web page @ (http://www.ilnd.uscourts.gov, "District Judges", to "Judge Lindsay Jenkins", to "Initial Status Hearings" under Case Management Procedures"). The parties must follow all the standing orders for Judge Jenkins and all Local Rules, which can be found at the same web page. At the Initial Status hearing, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; and (3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Mailed notice. (jlj, ) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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| SUMMONS Issued as to Defendant Advance Auto Parts, Inc (smb, ) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.] | ||
| Friday, June 28, 2024 | ||
| 2 | 2
ATTORNEY Appearance for Plaintiff Gary Carr by Bryan Paul Thompson (Thompson, Bryan) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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| 1 | 1
COMPLAINT filed by Gary Carr; Jury Demand. Filing fee $ 405, receipt number AILNDC-22193490.(Thompson, Bryan) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.]
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Att: 1
Civil Cover Sheet
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| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 1). (daj, ) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.] | ||
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached[LINK:Consent To] [LINK:form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (daj, ) [Transferred from Illinois Northern on 7/31/2024.] [Transferred from nced on 10/9/2024.] | ||