Acosta v. AEU Benefits, LLC et al

MOTION

N.D. Ill.May 16, 2019

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Case No. 17-cv-7931 Judge Joan H. Lefkow LOCKE LORD, LLP’S UNOPPOSED MOTION TO SET BRIEFING SCHEDULE Defendant Locke Lord, LLP (“Locke Lord”), by its counsel and with the agreement of Defendant and Third-Party Plaintiff Black Wolf Consulting, Inc. (“Black Wolf”), moves this Court to enter the agreed briefing schedule set forth below regarding Locke Lord’s response to Black Wolfe’s Third-Party Complaint. In support of its Motion, Locke Lord states as follows: 1. On May 1, 2019, Black Wolf filed its Third-Party Complaint against Locke Lord. R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff, vs. AEU BENEFITS, LLC, et al., Defendants. ____________________________________________ AEU HOLDINGS, LLC and AEU BENEFITS, LLC, Defendants and Cross Plaintiffs, vs. BLACK WOLF CONSULTING, INC., and SD TRUST ADVISORS, LLC, Defendants and Cross Defendants. ____________________________________________ AEU HOLDINGS, LLC and AEU BENEFITS, LLC, Defendants and Third-Party Plaintiffs, vs. RODNEY MAYNOR, et al., Third-Party Defendants. ____________________________________________ BLACK WOLF CONSULTING, INC., Defendant and Third-Party Plaintiff, vs. LOCKE LORD, LLP, et al. Third-Party Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case: 1:17-cv-07931 Document #: 376 Filed: 05/16/19 Page 1 of 4 PageID #:5379 2 2. Pursuant to discussions with counsel for Black Wolf, the parties have agreed to the following proposed briefing schedule for Locke Lord’s response to Black Wolf’s Third-Party Complaint, which will be a motion to dismiss:1 a. On or before June 19, 2019, Locke Lord shall file a motion to dismiss the claims asserted in the Third-Party Complaint (“Motion to Dismiss”); b. On or before July 31, 2019, Black Wolf shall file its response to the Motion to Dismiss; and c. On or before August 28, 2019, Locke Lord shall file its reply brief in support of the Motion to Dismiss. WHEREFORE, Locke Lord respectfully requests that this Court enter the agreed briefing schedule set forth above and grant such further relief as the Court deems just and proper. Dated: May 16, 2019 Respectfully submitted, Locke Lord, LLP By: /s/ Edward W. Feldman One of Its Attorneys Edward W. Feldman (6187541) Diane F. Klotnia (6202609) Kay L. Dawson (6312631) Miller Shakman & Beem, LLP 180 N. LaSalle Street, Suite 3600 Chicago, Illinois 60601 1 Locke Lord reached an identical agreement with counsel for Receivership Management, Inc. (“RMI”) concerning Locke Lord’s response to the Complaint that RMI filed against Locke Lord in Case No. 18-cv-0815 (“RMI v. Locke Lord Lawsuit”) (Doc #1). Locke Lord is filing a separate motion in the RMI v. Locke Lord Lawsuit seeking the same briefing schedule. Because some of the issues involved in both motions will overlap, Locke Lord will endeavor to avoid duplication between the respective briefs. Case: 1:17-cv-07931 Document #: 376 Filed: 05/16/19 Page 2 of 4 PageID #:5380 3 (312) 263-3700 efeldman@millershakman.com dklotnia@millershakman.com kdawson@millershman.com Case: 1:17-cv-07931 Document #: 376 Filed: 05/16/19 Page 3 of 4 PageID #:5381 4 Certificate of Service The undersigned attorney hereby certifies that on May 16, 2019, he caused the foregoing LOCKE LORD, LLP’S UNOPPOSED MOTION TO SET BRIEFING SCHEDULE to be filed with the Clerk of the Court for the Northern District of Illinois, Eastern Division, using the Court’s CM/ECF system which shall notify all counsel of record. /s/ Edward W. Feldman Case: 1:17-cv-07931 Document #: 376 Filed: 05/16/19 Page 4 of 4 PageID #:5382