Case details

Court: ilnd
Docket #: 1:12-cv-07837
Case Name: Clean Harbors Services Inc v. Illinois International Port District
PACER case #: 274845
Date filed: 2012-09-30
Date of last filing: 2015-01-27
Assigned to: Honorable Thomas M. Durkin
Case Cause: 28:1331 Federal Question: Other Civil Rights
Nature of Suit: 893 Environmental Matters
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Clean Harbors Services Inc
Counter Defendant
a Massachusetts Corporation
John Francis Kennedy
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jonathan B. Amarilio
(See above for address)
ATTORNEY TO BE NOTICED

Susan L. Poll-Klaessy
(See above for address)
ATTORNEY TO BE NOTICED

Illinois International Port District
Counter Claimant
an Illinois Municipal Corporation
James D. Brusslan
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael D. Leroy
(See above for address)
ATTORNEY TO BE NOTICED

Paul Andrew Duffy
(See above for address)
TERMINATED: 06/14/2013

Paul Maurice Rickelman
(See above for address)
ATTORNEY TO BE NOTICED

Illinois International Port District
Counter Claimant
an Illinois Municipal Corporation
James D. Brusslan
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael D. Leroy
(See above for address)
ATTORNEY TO BE NOTICED

Paul Andrew Duffy
(See above for address)
ATTORNEY TO BE NOTICED

Paul Maurice Rickelman
(See above for address)
ATTORNEY TO BE NOTICED

Clean Harbors Services Inc
Counter Defendant
a Massachusetts Corporation
John Francis Kennedy
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan L. Poll-Klaessy
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-09-30 1 0 complaint COMPLAINT filed by Clean Harbors Services Inc; Jury Demand. Filing fee $ 350, receipt number 0752-7603518. (Attachments: # 1 Exhibit A-F, # 2 Exhibit G, # 3 Exhibit H-P)(Kennedy, John) (Entered: 09/30/2012)
2012-09-30 2 0 civil cover sheet CIVIL Cover Sheet (Kennedy, John) (Entered: 09/30/2012)
2012-09-30 3 0 attorney appearance ATTORNEY Appearance for Plaintiff Clean Harbors Services Inc by John Francis Kennedy (Kennedy, John) (Entered: 09/30/2012)
2012-10-02 4 0 set deadlines/hearings MINUTE entry before Honorable Amy J. St. Eve: Initial status hearing set for 11/13/12 at 8:30 a.m. in courtroom 1241. Parties should refer to Judge St. Eve's web page at www.ilnd.uscourts.gov and file a joint status report by 11/8/12 as set forth in the Initial Status Conferences procedure.Mailed notice (kef, ) (Entered: 10/02/2012)
2012-10-02 5 0 attorney appearance ATTORNEY Appearance for Plaintiff Clean Harbors Services Inc by Susan L. Poll-Klaessy (Poll-Klaessy, Susan) (Entered: 10/02/2012)
2012-10-31 6 0 amended complaint AMENDED complaint by Clean Harbors Services Inc against Illinois International Port District (Attachments: # 1 Exhibit Exhibit List and Exhibits A-D, # 2 Exhibit Exhibit E, # 3 Exhibit Exhibit F-G, # 4 Exhibit Exhibit H-K, # 5 Exhibit Exhibit L-R)(Kennedy, John) (Entered: 10/31/2012)
2012-11-08 7 0 other Joint Initial Status Report by Clean Harbors Services Inc (Attachments: # 1 Exhibit Exhibit A)(Kennedy, John) (Entered: 11/08/2012)
2012-11-12 8 0 attorney appearance ATTORNEY Appearance for Defendant Illinois International Port District by Michael D. Leroy (Leroy, Michael) (Entered: 11/12/2012)
2012-11-12 9 0 attorney appearance ATTORNEY Appearance for Defendant Illinois International Port District by Paul Maurice Rickelman (Rickelman, Paul) (Entered: 11/12/2012)
2012-11-13 10 0 status hearing MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 11/13/2012 and continued to 12/13/2012 at 08:30 AM. Defendant shall answer or otherwise plead by 12/11/12. Rule 26(a)(1) disclosures by 12/17/12. Written discovery shall be issued by 12/21/12. Fact discovery shall be completed by 8/30/13. Mailed notice (kef, ) (Entered: 11/13/2012)
2012-11-29 11 0 attorney appearance ATTORNEY Appearance for Defendant Illinois International Port District by James D. Brusslan (Brusslan, James) (Entered: 11/29/2012)
2012-11-30 12 0 attorney appearance ATTORNEY Appearance for Defendant Illinois International Port District by Paul Andrew Duffy (Duffy, Paul) (Entered: 11/30/2012)
2012-12-11 13 0 motion to dismiss MOTION by Defendant Illinois International Port District to dismiss Motion to Dismiss Counts II and III of Amended Complaint (Brusslan, James) (Entered: 12/11/2012)
2012-12-11 14 0 notice of motion NOTICE of Motion by James D. Brusslan for presentment of motion to dismiss 13 before Honorable Amy J. St. Eve on 12/17/2012 at 08:30 AM. (Brusslan, James) (Entered: 12/11/2012)
2012-12-11 15 0 memorandum in support of motion MEMORANDUM by Illinois International Port District in support of motion to dismiss 13 Memorandum in Support of Its Motion to Dismiss Counts II and III of Amended Complaint (Attachments: # 1 Exhibit Exhibits A and B)(Brusslan, James) (Entered: 12/11/2012)
2012-12-11 16 0 answer to amended complaint ANSWER to amended complaint , COUNTERCLAIM filed by Illinois International Port District against Clean Harbors Services Inc . by Illinois International Port District (Attachments: # 1 Exhibit Exhibits A-F)(Brusslan, James) (Entered: 12/11/2012)
2012-12-13 17 0 terminate deadlines and hearings MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 12/13/2012 and continued to 2/7/13 at 8:30 a.m. Defendant's motion to dismiss counts II and III of amended complaint 13 is entered. Response shall be filed by 1/10/13. Reply by 1/24/13. Plaintiff shall answer the counterclaims by 1/7/13. Written discovery shall be issued by 1/14/13. Mailed notice (kef, ) (Entered: 12/13/2012)
2013-01-07 18 0 answer to counterclaim CLEAN HARBORS' ANSWER to counterclaim OF THE PORT DISTRICT by Clean Harbors Services Inc(Kennedy, John) (Entered: 01/07/2013)
2013-01-08 19 0 set motion and R&R deadlines/hearings MINUTE entry before Honorable Amy J. St. Eve: Parties' oral request for an extension of time is granted. Response to defendant's motion to dismiss 13 shall be filed on 1/17/13. Reply by 1/31/13. Mailed notice (kef, ) (Entered: 01/08/2013)
2013-01-14 20 0 assigning/reassigning Case EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on January 3, 2013, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Thomas M. Durkin, therefore IT IS HEREBY ORDERED That the attached list of 330 cases be reassigned to the Honorable Thomas M. Durkin IT IS FURTHER ORDERED that this order shall become effective on Tuesday, January 15, 2013. Case reassigned to the Honorable Thomas M. Durkin for all further proceedings. Signed by Executive Committee on 1/14/2013.(td, ) (Entered: 01/16/2013)
2013-01-16 21 0 terminate deadlines and hearings MINUTE entry before Honorable Amy J. St. Eve: This case having been reassigned to Judge Durkin, status hearing set for 2/7/13 is stricken. Mailed notice (kef, ) (Entered: 01/16/2013)
2013-01-17 22 0 Response RESPONSE by Plaintiff Clean Harbors Services Inc to motion to dismiss 13 Counts II and III of Amended Complaint and Exhibit 1 (Kennedy, John) (Entered: 01/17/2013)
2013-01-31 23 0 reply REPLY by Defendant Illinois International Port District to motion to dismiss 13 Illinois International Port District's Reply Memorandum in Support of Its Motion to Dismiss Counts II and III of Amended Complaint (Attachments: # 1 Exhibit Exhibits A-C)(Brusslan, James) (Entered: 01/31/2013)
2013-02-12 24 0 set deadlines/hearings MINUTE entry before Honorable Thomas M. Durkin: Status Report due by 2/15/2013. Status hearing set for 2/20/2013 at 10:00 AM.Mailed notice (srn, ) (Entered: 02/12/2013)
2013-02-15 25 0 status report STATUS Report Joint Status Report by Clean Harbors Services Inc (Kennedy, John) (Entered: 02/15/2013)
2013-02-20 26 0 order on motion to dismiss MINUTE entry before Honorable Thomas M. Durkin:Motion to dismiss 13 is entered and continued, court will rule by mail. Status hearing held on 2/20/2013. Fact Discovery ordered closed by 8/30/2013. Status hearing set for 6/11/2013 at 09:00 AM.Mailed notice (srn, ) (Entered: 02/20/2013)
2013-02-25 27 0 order on motion to dismiss MEMORANDUM Opinion and Order.Presently before the Court is the Port District's Motion to Dismiss counts II and III of Clean Harbors' Amended Complaint 13 . For the reasons explained below, the Port District's motion is granted. Also as explained below, the Court dismisses Count II of the Port District's counterclaim against Clean Harbors. Counts II and III in Clean Harbors' Amended Complaint and Count II in the Port District's Counterclaim are hereby dismissed. The parties may seek leave to file an amended complaint and/or counterclaim after they have sufficiently complied with RCRA's pre-suit notice requirements. In the meantime, the parties should proceed with discovery. The Court does not expect that the RCRA claim(s) will substantially alter the scope of discovery in this matter. Signed by the Honorable Thomas M. Durkin on 2/25/2013:Mailed notice(srn, ) (Entered: 02/25/2013)
2013-04-04 28 0 motion for partial summary judgment MOTION by Defendant Illinois International Port District for partial summary judgment Illinois International Port District's Motion for Partial Summary Judgment Declaring Clean Harbors Solely Responsibile for All RCRA Permit Costs (Brusslan, James) (Entered: 04/04/2013)
2013-04-04 29 0 notice of motion NOTICE of Motion by James D. Brusslan for presentment of motion for partial summary judgment, 28 before Honorable Thomas M. Durkin on 4/10/2013 at 09:15 AM. (Brusslan, James) (Entered: 04/04/2013)
2013-04-04 30 0 memorandum in support of motion MEMORANDUM by Illinois International Port District in support of motion for partial summary judgment, 28 Illinois International Port District's Motion for Partial Summary Judgment Declaring Clean Harbors Solely Responsible for All RCRA Permit Costs (Brusslan, James) (Entered: 04/04/2013)
2013-04-04 31 0 Rule 56 statement RULE 56.1 Statement by Illinois International Port District regarding motion for partial summary judgment, 28 Illinois International Port District's Local Rule 56.1 Statement of Undisputed Facts in Support of Its Motion for Partial Summary Judgment Declaring Clean Harbors Solely Responsible for All RCRA Permit Costs (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B (Part 1 of 3), # 3 Exhibit Exhibit B (Part 2 of 3), # 4 Exhibit Exhibit B (Part 3 of 3), # 5 Exhibit Exhibit C)(Brusslan, James) (Entered: 04/04/2013)
2013-04-10 32 0 order on motion for partial summary judgment MINUTE entry before Honorable Thomas M. Durkin:Motion for partial summary judgment 28 is entered and continued. Motion hearing held on 4/10/2013. Plaintiff's Rule 56(d) motion is to be filed on or before 4/17/13. Defendant's response is due 4/24/13. Mailed notice (srn, ) (Entered: 04/10/2013)
2013-04-17 33 0 Response RESPONSE by Plaintiff Clean Harbors Services Inc, Counter Defendant Clean Harbors Services Inc to motion for partial summary judgment, 28 Clean Harbors' Response Pursuant to Federal Rule of Civil Procedure 56(d) to the Port District's Motion for Partial Summary Judgment (Attachments: # 1 Exhibit A(1)-(7))(Kennedy, John) (Entered: 04/17/2013)
2013-04-24 34 0 other Illinois International Port District's Opposition to Clean Harbors' Rule 56(d) Response to the Port District's Motion for Partial Summary Judgment by Illinois International Port District (Attachments: # 1 Exhibit Exhibits A and B)(Brusslan, James) (Entered: 04/24/2013)
2013-04-24 35 0 transcript TRANSCRIPT OF PROCEEDINGS held on 4/10/13 before the Honorable Thomas M. Durkin. Court Reporter Contact Information: Laura Renke, laura_renke@ilnd.uscourts.gov, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 5/15/2013. Redacted Transcript Deadline set for 5/28/2013. Release of Transcript Restriction set for 7/23/2013. (Renke, Laura) (Entered: 04/24/2013)
2013-06-07 36 0 set/reset hearings MINUTE entry before Honorable Thomas M. Durkin:The 6/11/13 status date is vacated. Status hearing reset for 8/9/2013 at 09:00 AM. The Court will rule on Plaintiff's Rule 56(d)request for additional discovery (33), by mail. Mailed notice (srn, ) (Entered: 06/07/2013)
2013-06-14 37 0 motion to withdraw as attorney MOTION by counsel for Counter Claimant Illinois International Port District, Defendant Illinois International Port District to withdraw as attorney (Duffy, Paul) (Entered: 06/14/2013)
2013-06-14 38 0 notice of motion NOTICE of Motion by Paul Andrew Duffy for presentment of motion to withdraw as attorney 37 before Honorable Thomas M. Durkin on 6/20/2013 at 09:00 AM. (Duffy, Paul) (Entered: 06/14/2013)
2013-06-14 39 0 order on motion to withdraw as attorney MINUTE entry before Honorable Thomas M. Durkin:Motion to withdraw as attorney 37 is granted. Attorney Paul Andrew Duffy terminated. No appearance required on 6/20/13.Mailed notice (srn, ) (Entered: 06/14/2013)
2013-06-24 40 0 attorney appearance ATTORNEY Appearance for Defendant Illinois International Port District by Christopher J Werner (Werner, Christopher) (Entered: 06/24/2013)
2013-06-25 41 0 attorney appearance ATTORNEY Appearance for Defendant Illinois International Port District by Christopher J Werner Corrected Appearance Form (Werner, Christopher) (Entered: 06/25/2013)
2013-06-27 42 0 motion for extension of time to complete discovery MOTION by Defendant Illinois International Port District for extension of time to complete discovery The Parties' Joint Motion to Extend the Fact Discovery Completion Date (Brusslan, James) (Entered: 06/27/2013)
2013-06-27 43 0 notice of motion NOTICE of Motion by James D. Brusslan for presentment of motion for extension of time to complete discovery 42 before Honorable Thomas M. Durkin on 7/2/2013 at 09:00 AM. (Brusslan, James) (Entered: 06/27/2013)
2013-06-28 44 0 order on motion for extension of time to complete discovery MINUTE entry before Honorable Thomas M. Durkin:Joint motion for extension of time to complete discovery 42 is granted. Discovery ordered closed by 12/2/2013. No appearance required on 7/2/13. Mailed notice (srn, ) (Entered: 06/28/2013)
2013-07-24 45 0 motion for leave to file MOTION by Plaintiff Clean Harbors Services Inc for leave to file Second Amended Complaint (Attachments: # 1 Exhibit 1 of Motion, # 2 Exhibit A-D of Proposed Second Amended Complaint, # 3 Exhibit E of Proposed Second Amended Complaint, # 4 Exhibit F-G of Proposed Second Amended Complaint, # 5 Exhibit H-K of Proposed Second Amended Complaint, # 6 Exhibit L-T of Proposed Second Amended Complaint)(Poll-Klaessy, Susan) (Entered: 07/24/2013)
2013-07-24 46 0 notice of motion NOTICE of Motion by Susan L. Poll-Klaessy for presentment of motion for leave to file, 45 before Honorable Thomas M. Durkin on 8/1/2013 at 09:00 AM. (Poll-Klaessy, Susan) (Entered: 07/24/2013)
2013-08-01 47 0 order on motion for leave to file MINUTE entry before Honorable Thomas M. Durkin: Motion hearing held. Plaintiff's motion for leave to file second amended complaint 45 is granted. Defendants' shall respond to plaintiff's second amended complaint by 8/15/2013. Defendants' shall file motion to dismiss by 8/15/2013. Plaintiff shall respond to defendants' motion to dismiss by 8/29/2013. Plaintiff shall reply by 9/10/2013. Status hearing set for 8/9/2013 at 9:00 a.m. is vacated and reset to 10/17/2013 at 9:00 a.m. Mailed notice (meg, ) (Entered: 08/01/2013)
2013-08-01 48 0 transcript TRANSCRIPT OF PROCEEDINGS held on 8/1/13 before the Honorable Thomas M. Durkin. Court Reporter Contact Information: Laura Renke, laura_renke@ilnd.uscourts.gov, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 8/22/2013. Redacted Transcript Deadline set for 9/3/2013. Release of Transcript Restriction set for 10/30/2013. (Renke, Laura) (Entered: 08/01/2013)
2013-08-01 49 0 amended complaint SECOND AMENDED complaint by Clean Harbors Services Inc against Illinois International Port District. (Attachments: # 1 Exhibit A-D, # 2 Exhibit E, # 3 Exhibit F-G, # 4 Exhibit H-K, # 5 Exhibit L-T)(kj, ) (Entered: 08/05/2013)
2013-08-15 50 0 answer to amended complaint Illinois International Port District's ANSWER to amended complaint [Second], COUNTERCLAIM filed by Illinois International Port District against Clean Harbors Services Inc . by Illinois International Port District (Attachments: # 1 Exhibit Exhibits A-G)(Brusslan, James) (Entered: 08/15/2013)
2013-08-15 51 0 motion to dismiss MOTION by Counter Claimant Illinois International Port District to dismiss Counts II, III and VIII of Second Amended Complaint (Brusslan, James) (Entered: 08/15/2013)
2013-08-15 52 0 memorandum in support of motion MEMORANDUM by Illinois International Port District(an Illinois Municipal Corporation) in support of motion to dismiss 51 Counts II, III and VIII of Second Amended Complaint (Brusslan, James) (Entered: 08/15/2013)
2013-08-15 53 0 attorney appearance ATTORNEY Appearance for Plaintiff Clean Harbors Services Inc, Counter Defendants Clean Harbors Services Inc, Clean Harbors Services Inc by Jonathan B. Amarilio (Amarilio, Jonathan) (Entered: 08/15/2013)
2013-08-16 54 0 order on motion for partial summary judgment ORDER Signed by the Honorable Thomas M. Durkin on 8/16/2013. (ma,) (Entered: 08/16/2013)
2013-08-26 55 0 motion for extension of time to file response/reply MOTION by Plaintiff Clean Harbors Services Inc for extension of time to file response/reply as to motion to dismiss 51 (Agreed Motion) (Amarilio, Jonathan) (Entered: 08/26/2013)
2013-08-26 56 0 notice of motion NOTICE of Motion by Jonathan B. Amarilio for presentment of motion for extension of time to file response/reply, motion for relief 55 before Honorable Thomas M. Durkin on 8/29/2013 at 09:00 AM. (Amarilio, Jonathan) (Entered: 08/26/2013)
2013-08-27 57 0 order on motion for extension of time to file response/reply MINUTE entry before Honorable Thomas M. Durkin: Agreed motion for extension of time to file response/reply to Counter Claimant's motion to dismiss is granted. 55 Response due by 9/6/2013. Reply due by 9/18/2013. No appearance required on 8/29/13. Mailed notice (srn, ) (Entered: 08/27/2013)
2013-09-06 58 0 Response RESPONSE by Plaintiff Clean Harbors Services Inc to Illinois International Port District's Motion to Dismiss Counts II, III and VIII of the Second Amended Complaint (Kennedy, John) (Entered: 09/06/2013)
2013-09-18 59 0 reply REPLY by Plaintiff Clean Harbors Services Inc to motion to dismiss 51 Illinois International Port District's Reply Memorandum in Support of Its Motion to Dismiss Counts II, III and VIII of Second Amended Complaint (Brusslan, James) (Entered: 09/18/2013) 2013-09-22 17:39:22 1e31e8f37c3bb77708b4a0d6370ea3e31386d8d8
2013-10-10 60 0 motion for extension of time to complete discovery MOTION by Defendant Illinois International Port District for extension of time to complete discovery THE PARTIES JOINT MOTION TO STAY ORAL DISCOVERY AND EXTEND THE FACT DISCOVERY COMPLETION DATE (Brusslan, James) (Entered: 10/10/2013)
2013-10-10 61 0 notice of motion NOTICE of Motion by James D. Brusslan for presentment of motion for extension of time to complete discovery 60 before Honorable Thomas M. Durkin on 10/17/2013 at 09:00 AM. (Brusslan, James) (Entered: 10/10/2013) 2013-10-22 18:12:44 c6c0f44a97f2e868b053337221aece9865e072f1
2013-10-15 62 0 order on motion for extension of time to complete discovery MINUTE entry before Honorable Thomas M. Durkin:Agreed Motion for extension of time to complete discovery 60 is granted. Discovery is extended to and including 4/2/14. Parties are to contact this Court's courtroom deputy to either; (1) schedule a settlement conference with Judge Durkin or, (2) request a referral to the Magistrate Judge for a settlement conference. No appearance required on 10/17/13. Mailed notice (srn, ) (Entered: 10/15/2013) 2013-11-06 19:42:11 8ec8b2832483409cac8d75964586da0356c1d6e2
2013-10-15 63 0 terminate hearings MINUTE entry before Honorable Thomas M. Durkin:The 10/17/13 status date is vacated.Mailed notice (srn, ) (Entered: 10/15/2013)
2013-11-07 64 0 set/reset hearings
2013-12-04 65 0 settlement conference 2014-01-07 15:10:48 1dbfb549206e40744aff44dd4313e1fecaa212e7
2013-12-05 66 0 motion to withdraw as attorney
2013-12-05 67 0 attorney appearance
2013-12-05 68 0 order on motion to withdraw as attorney
2014-01-09 69 0 notice of change of address
2014-01-10 70 0 status hearing
2014-01-14 71 0 notice of change of address
2014-02-27 72 0 set/reset hearings
2014-03-03 73 0 order on motion to dismiss
2014-04-07 74 0 status hearing
2014-05-20 75 0 set/reset hearings
2014-07-07 76 0 set/reset hearings
2014-08-18 77 0 set/reset hearings
2014-09-29 78 0 set/reset hearings
2014-10-24 79 0 terminate deadlines and hearings
2014-12-10 80 0 set/reset hearings
2015-01-27 81 0 set/reset hearings