CHARLES P. KOCORAS, District Judge.
Plaintiffs, React Presents, Inc., Clubtix, Inc. (the "
1. On August 15, 2017, the Court referred this case to Magistrate Judge Finnegan for discovery supervision, including resolution of Plaintiffs' Motion to Quash and for Protective Order, Sillerman's Motion to Compel, and third-party LiveStyle, Inc.'s ("
2. After supplementing the briefs, the parties appeared before Judge Finnegan on September 20, 2017 for hearing on the Discovery Motions. Among other things, Judge Finnegan ordered the parties to continue to meet and confer regarding the document requests at issue, and to file a joint status report on or before October 4, 2017 identifying any remaining disputes. [Doc. No. 74.]
3. As contemplated by Judge Finnegan's September 20 Order, the parties sought and received an additional week, through and including October 11, 2017, to file their joint status report.
4. On October 11, 2017, Sillerman's counsel informed Plaintiffs' counsel via e-mail that, in light of facts discovered through review of records provided by Stout and BDO Seidman, Sillerman would be withdrawing his Motion to Compel, thereby mooting Plaintiffs' Motion to Quash. Later that day, in lieu of the joint status report, Sillerman submitted a letter to Judge Finnegan to the same effect. [Doc. No. 76.]
5. Sillerman's counsel's October 11, 2017 e-mail also proposed "working out a proposed form of judgment to end the case," which the parties further discussed and ultimately accomplished over the following days. True and correct copies of all correspondence between Plaintiffs' counsel and Sillerman's counsel from October 11, 2017 to the present are attached hereto as
6. On October 13, 2017, based on representations by Sillerman's counsel that the parties would seek to reach an agreement on a stipulated judgment, Judge Finnegan entered a Minute Order terminating the referral and returning the case to this Court. [Doc. No. 77.]
7. Shortly thereafter, on October 16, 2017, at the suggestion of Sillerman's counsel, Plaintiffs' counsel prepared and circulated a draft [Proposed] Final Judgment and accompanying Stipulation for Sillerman's consideration and prompt submission to this Court. See Group Ex. A.
8. Sillerman's counsel made only one change, which Plaintiffs' counsel accepted before recirculating. Id. For the last two weeks, Sillerman's counsel has been attempting to reach his client to discuss a proposed payment plan and get final sign off on the Stipulation and proposed Judgment. Id.
9. In light of Sillerman's prior agreement to entry of a judgment,
10. In the event Sillerman executes the proposed Stipulation for entry of judgment before the presentment hearing on the instant motion, the parties will promptly submit the same and contact the Court to request that the hearing be taken off calendar.
WHEREFORE, Plaintiffs respectfully request that the Court: (a) enter the [Proposed] Judgment Order attached as Exhibit B; and (b) granting such other and further relief that this Court deems just and proper.
10:00 am Chicago time on Friday would be best. Talk then. Thnaks.
Peter:
I am available tomorrow between 9:30 a.m. and Noon Chicago time, and then between 2 and 4 p.m. Chicago time. If on Friday, then I'm available from 8 a.m. to Noon Chicago time.
Regards,
Jim, I just stepped out of a deposition to try calling you, but without luck.
In light of Stout's review of the BDO workpapers, we will be filing a letter with Judge Finnegan saying that Mr. Sillerman is withdrawing his discovery motion, and that your cross-motion to quash is therefore also moot. So there is no longer a need to do the detailed report with exhibits. We would like to talk to you about working out a proposed form of judgment to end the case. What's your availability tomorrow or Friday?
Thanks
Peter
Peter:
Here is a draft joint status report, which is due today. Please provide your proposed revisions (if any) and additions in a redlined format.
Regards,
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Dear Mr. White,
We write with the consent of both parties to provide the update promised yesterday.
Counsel for the parties conferred this morning and have agreed to work out a form of judgment that will resolve the entire case. Accordingly, there is no outstanding discovery needed and all matters referred to Judge Finnegan have been resolved. The parties agree that no hearing (either telephonic or in person) is necessary and therefore jointly request that Judge Finnegan take the October 19 hearing off calendar and agree that she may terminate the order of reference.
The parties will endeavor to submit a stipulated form of judgment to Judge Kocoras promptly.
Respectfully submitted,
Peter Simmons
Counsel for Mr. Sillerman
Dear Mr. White:
We'll join in the request that we update you further, tomorrow, after counsel have spoken.
Thanks for your and the court's consideration.
Jim Garvey
Mr. White,
Counsel for the two sides are scheduled to talk tomorrow morning and with the Court's indulgence, we would request (on behalf of Mr. Sillerman) deferring a substantive response to your question until after the parties have a chance to confer on that call. We hope to be able to resolve the whole case and obviate all hearings and the summary judgment motion.
Thank you.
Peter Simmons
Attorney for Mr. Sillerman
Counsel,
The Court has reviewed the status report [76] submitted by Defendant, Sillerman. Is all discovery needed to address Plaintiff React's pending motion for summary judgment [46] now in hand? If so, the hearing currently set on 10/19/2017 will be converted to a telephone hearing to report on status of discovery. If disputes remain, the Court is requesting a joint status report be filed on 10/17/2017 to identify these disputes and the in person hearing on 10/19/2017 will remain as scheduled.
Any respond can be sent to me.
Thank you,
Scott L. White
Courtroom Deputy to the Honorable Sheila Finnegan
United States District Court for the Northern District of Illinois
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Let's at least submit the stipulation and proposed judgment.
Bob wanted to think about a workable timetable. We'll ping him for a proposal.
Peter:
Any update?
Thanks,
Jim,
We're scheduled to talk to Bob tomorrow and will try to get back to you promptly.
Best
Peter
Jesse:
Thanks for sending the revised draft. We've accepted the proposed change (see attached) and we've also provided herewith a stipulation for your consideration to accompany the proposed judgment order.
As for payment once this is entered, I'm sure my clients will ask: "Well, what does Mr. Sillerman propose." In other words, I think we need to hear from you as to what Mr. Sillerman's plan is for paying off the judgment. Once I have that information, well promptly discuss with the plaintiffs.
Thanks,
Jim,
The form of the judgment looks fine to us. Our one change is to specify the post-judgment interest rate per the Illinois statute for clarity.
Separately, have you had a chance to discuss with your clients a payment schedule?
We would like to take both to our client at the same time.
Thanks,
Jesse
Counsel:
Further to recent communications, here is a draft [Proposed] Final Judgment. It has the detail as to what is due and owing in principal and interest (through October 12th but continuing to accrue daily at $1,619.26 per day) plus enforcement costs, though we can discuss whether that details needs to go into the proposed order.
Please also note that this has not yet been reviewed by our clients, but we wanted to get it circulated among counsel.
We look forward to your feedback.
Regards,
Jim Garvey
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Peter:
Attached is the updated [Proposed] Judgment Order reflecting interest through this coming Friday, November 3, 2017. I am also re-attaching the proposed Stipulation for execution.
Regards,
Josh
Peter:
Josh will send the draft proposed judgment order with interest running through this coming Friday.
We still plan to file a motion tomorrow, for presentment next week, as outlined below. If your meeting with Mr. Sillerman occurs on Friday, we can submit the signed/stipulated judgment order for entry without needing to appear. If your meeting doesn't happen, or Mr. Sillerman won't sign, then well still have our presentment date on calendar.
Regards,
Please run the interest through Friday, which is when we are scheduled to meet with Bob. While he has obviously authorized us to agree to a judgment, it's in everyone's interest to have a clear record that Bob personally stipulates to this, so we have asked him to execute the document, and we plan to re-present it to him for signature when we see him in person.
Thanks
Peter
Peter:
I hope that everything on the family front is okay.
We'd like your stipulation to submit to Judge Kocoras
Josh — copied here — will circulated the updated judgment order as soon as it is ready.
Regards,
Jim
We're chasing Bob and hope to see him in the next few days. I had a family medical emergency last week that put me several days behind schedule, but our aim is to get the stip filed and make the Nov 19 status conference unnecessary.
Peter:
Any update on entry of the judgment?
Regards,
Jim
Jim, got a message that you called. I'm out of town all week in depositions but chasing Bob for sign-off on the judgment. Will get that done as soon as we can.
Regards,
Peter
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This action coming before the Court on Plaintiffs' Motion for Entry of Judgment Order, IT IS HEREBY ORDERED THAT:
1. Final judgment is hereby entered in favor of Plaintiffs, React Presents, Inc., Clubtix, Inc., Lucas King and Jeffery Callahan ("
2. The Judgment Amount was calculated in accordance with the Note, Guaranty and Reaffhmation Agreement (as defined in the Complaint [Doc. No. 1]), as follows:
3. The Judgment Amount shall accrue post-judgment interest at a rate of nine percent (9%) per annum in accordance with 735 Ill. Comp. Stat. 5/2-1303.
4. Final judgment is hereby entered in favor of Plaintiffs and against Sillerman on Sillerman's Affirmative Defense and Counterclaim.
