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McGarry & McGarry
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Filed: May 02, 2024 | Entered: May 02, 2024 Zeikos Inc. v. Walgreen Co.
190(Contract: Other) | Illinois Northern
Minute
MINUTE entry before the Honorable Keri L. Holleb Hotaling: Motion hearing held 5/2/2024 on Defendant Walgreen Co.'s motion to compel [Dkt. 142]. Dkt. 142 is granted as set forth in open Court, subject to some Requests for the Production of Documents ("RFPs") [Dkt. 143-2] being narrowed as detailed in the hearing. Key amongst the Court's rulings are as follows: As to other expert reports authored by Zeikos's expert, Glenn Newman, (RFP 25), Walgreen is entitled to only a subset of reports from the matters listed on Mr. Newman's Rule 26 disclosures; cases in which Mr. Newman opined on damages in breach of contract or fraud in the inducement. As to RFP 27, Walgreen is entitled to Mr. Newman's notes, but only those reflecting factual information from his conversations with Jack Saideh and/or James Trappani. As to the "work papers" sought in RFP 28, Walgreen shall only be entitled to the native Excel formulas, or the like, that were utilized and support the final report opinions of Mr. Newman. RFPs 6-10 are granted; Walgreen is entitled to the financial information sought therein. As to RFP 4, Walgreen is entitled to this information for the time period from 8/1/2021 to 12/31/2022; as soon as possible, Walgreen will provide Zeikos a list of search terms and the parties should meet and confer in an effort to agree on those terms without further Court intervention. As to RFP 1-2, Walgreen is entitled to this information for the narrowed time period of 5/1/2019 through 12/31/2021. RFP 21 is granted as to the proof of payment for the invoices already produced. RFPs 16, 18-20 are granted, but are limited to the timeframe of the Walgreen/Zeikos contract. Zeikos is to engage in a rolling production of the documents ordered to be produced herein, with that production to be completed by 6/3/2024. The parties' joint status report date of 5/29/2024 is hereby stricken and reset to 6/5/2024. Additionally, the parties are to meet and confer about a proposed ESI protocol and file a motion for the same, making sure to send that proposed protocol to the Court's proposed order inbox. (rbf, ) (Entered: 05/02/2024)
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Filed: April 16, 2024 | Entered: April 16, 2024 Zeikos Inc. v. Walgreen Co.
190(Contract: Other) | Illinois Northern
Minute
MINUTE entry before the Honorable Keri L. Holleb Hotaling: The Court has reviewed the briefing on Defendant's motion to compel [Dkt. 142]. This case is set for an IN-PERSON motion hearing on the motion [Dkt. 142] on 5/2/2024 at 10:00 a.m. in courtroom 1700. (rbf, ) (Entered: 04/16/2024)
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Filed: April 16, 2024 | Entered: April 16, 2024 Zeikos Inc. v. Walgreen Co.
190(Contract: Other) | Illinois Northern
Minute
MINUTE entry before the Honorable Keri L. Holleb Hotaling: Per the parties' latest status report [Dkt. 147], Zeikos has indicated it will withdraw its outstanding Motion to Compel responses to requests for admission [Dkt. 55]. Therefore, Dkt. 55 is deemed withdrawn. The parties are working towards the 7/5/2024 fact discovery cutoff in anticipation of a 7/8/2024 status conference before Judge Kendall, but note that they anticipate some further discovery motion practice. The parties are to file an updated joint status report on 5/29/2024; the Court may strike this date based on the anticipated motion practice. (rbf, ) (Entered: 04/16/2024)
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