Acosta v. AEU Benefits, LLC et alMOTIONN.D. Ill.May 17, 2019 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION : R. ALEXANDER ACOSTA, Secretary of Labor, : United States Department of Labor, : : Plaintiff, : : CIVIL ACTION NO. v. : 1:17-cv-07931-JHL-SMF : AEU BENEFITS, LLC, et al, : Hon. Joan H. Lefkow : District Judge : Defendants. : Hon. Sheila Finnegan : Magistrate Judge ------------------------------------------------------------------------ : SECRETARY OF LABOR’S MOTION TO EXTEND DEADLINE TO FILE MOTION TO STRIKE AFFIRMATIVE DEFENSES AND JURY DEMAND WITH RESPECT TO DEFENDANTS BLACK WOLF CONSULTING, INC AND ROD MAYNOR’S ANSWER Plaintiff R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor (“Secretary”), hereby moves the Court to extend the deadline to file a motion to strike BLACK WOLF CONSULTING, INC (“Black Wolf”), and ROD MAYNOR’S (collectively “Defendants”) Affirmative Defenses and Jury Demand to June 7, 2019. In support thereof, the Secretary states as follows: 1. Defendants filed their Answer on May 1, 2019 2. The deadline to file motions to strike Defendants’ Affirmative Defenses and jury demand is 21 days after being served with the pleading or May 22, 2019. 3. In light of the Court’s Order on April 4, 2018 (Dock. No. 129), striking the “Jury Demand and All Affirmative Defenses” by Defendant Black Wolf Consulting, Inc.; the Secretary discussing similar issues with Defendant AEU, and Defendant AEU’s withdrawal of its Case: 1:17-cv-07931 Document #: 378 Filed: 05/17/19 Page 1 of 3 PageID #:5386 2 affirmative defenses on April 20, 2018 (Dock. No. 152); and the Secretary discussing similar issues with Veritas and D’Iorio and Veritas and D’Iorio withdrawing their affirmative defenses on February 28, 2019 (Dock. No. 319), the Secretary and Defendants Black Wolf and Maynor are exploring resolution of Defendants’ jury demand and affirmative defenses without the need for further motion practice before the Court. 4. To preserve the Secretary’s right to file a motion to strike the jury demand and affirmative defenses, the Secretary hereby requests two weeks of additional time to attempt to resolve the matters. 5. On May 6, 2019, counsel for Defendants confirmed they do not oppose this motion. WHEREFORE, the Secretary requests the Court extend the deadline to file a motion to strike regarding Defendants’ jury demand and affirmative defenses to June 5, 2019. For the Secretary of Labor: KATE S. O’SCANNLAIN Solicitor of Labor CHRISTINE Z. HERI Regional Solicitor /s/ Bruce C. Canetti Bruce C. Canetti Senior Trial Attorney Attorneys for R. ALEXANDER ACOSTA, Secretary of Labor, United States Department of Labor, Plaintiff P.O. ADDRESS: U.S. Department of Labor Case: 1:17-cv-07931 Document #: 378 Filed: 05/17/19 Page 2 of 3 PageID #:5387 3 Office of the Solicitor 230 S. Dearborn St., Room 844 Chicago, IL 60604 T: (312) 353-7836 F: (312) 353-5698 canetti.bruce@dol.gov IL Bar No.: 6285867 Case: 1:17-cv-07931 Document #: 378 Filed: 05/17/19 Page 3 of 3 PageID #:5388