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KPS Capital Partners LP
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Filed: May 22, 2024 | Entered: May 22, 2024 Nextpulse, LLC v. Life Fitness, LLC
820(Copyright) | Illinois Northern
Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Maria Valdez for the purpose of holding proceedings related to: discovery supervision and for settlement conference.(ca, ) (Entered: 05/22/2024)
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Filed: May 22, 2024 | Entered: May 22, 2024 Nextpulse, LLC v. Life Fitness, LLC
820(Copyright) | Illinois Northern
Minute
MINUTE entry before the Honorable Maria Valdez: This case has been referred to Judge Valdez for discovery supervision and a settlement conference. The parties are to file a joint status report by 7/22/24 detailing their discovery progress and the prospects of settlement. If the parties wish to begin the process of scheduling a settlement conference at any time prior to the status date, they may notify the Court. Mailed notice (lp, ) (Entered: 05/22/2024)
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Filed: May 22, 2024 | Entered: May 22, 2024 Nextpulse, LLC v. Life Fitness, LLC
820(Copyright) | Illinois Northern
Minute
MINUTE entry before the Honorable Nancy L. Maldonado: The Court has reviewed the parties' joint status report 97 wherein Plaintiff Nextpulse requests that the discovery stay continue pending resolution of Nextpulse's action against Brunswick Corporation in California state court (the "California Action"), which is set for trial in five months. Nextpulse asserts that the Court should evaluate whether a stay is appropriate under the factors courts generally use to decide whether to exercise their discretion to stay discovery. See Abbott Lab'ys v. Matrix Lab'ys, Inc., No. 09-CV-1586, 2009 WL 3719214, at *2 (N.D. Ill. Nov. 5, 2009) ("(i) whether a stay will unduly prejudice or tactically disadvantage the non-moving party; (ii) whether a stay will simplify the issues in question and streamline the trial, and (iii) whether a stay will reduce the burden of litigation on the parties and on the court"). Defendant Life Fitness opposes continuing the stay and argues that this Court should apply Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976) in staying this action. While the Court is dubious of the application of Colorado River abstention here, the parties' dispute over the applicable standard is immaterial as the Court denies Nextpulse's request for a continued stay. Discovery has been stayed in this case since 2022, and the Court finds that Life Fitness would be prejudiced by further delays in litigation, especially when Life Fitness may be subject to discovery in the California Action. The Court is further unpersuaded that the resolution of the California Action will streamline the issues or mitigate the burdens of litigation in the instant action. While a stay may be helpful to Nextpulse, this is Nextpulse's case to prosecute, and the Court finds that Nextpulse has not adequately explained how a state court decision in another case involving a different defendant will simplify the present litigation or ease the burden of litigation for the parties here or the Courtnot just itself. See Hayes v. Bd. of Educ. for City of Chicago, No. 21 C 1198, 2021 WL 8153761, at *1 (N.D. Ill. Dec. 22, 2021) ("It is the movant's burden to show that good cause exists for a stay."). Accordingly, the following discovery schedule is entered: (1) Rule 26(a)(1) disclosures should be exchanged by June 4, 2024; (2) Parties can issue written discovery starting June 4, 2024; and (3) Fact discovery to be completed by April 3, 2025, a very generous deadline. The Court will defer entry of expert dates to the assigned magistrate judge who shall have authority to modify and enter discovery deadlines. This matter is referred to Judge Valdez for discovery supervision and settlement conference, if and when one is desired. (ca, ) (Entered: 05/22/2024)
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