Grochocinski v. Mayer Brown Rowe & Maw LLP et al

Plaintiff as Chapter 7 Trustee for the bankruptcy estate of CMGT, Inc. filed suit against Mayer Brown Rowe and Maw, LLP, Ronald Given and Charles W. Trautner for legal malpractice. Plaintiff alleged that Mayer Brown advised CMGT not to respond to Spehar Capital's motion for TRO. As a result, Spehar obtained a TRO and later a default judgment against CMGT for $17 million. Spehar then used the $17 million default judgment to file an involuntary petition for bankruptcy against CMGT.
Plaintiff:David Grochocinski
Defendant:Mayer Brown Rowe & Maw LLP and Ronald B Given
 
Case Number:1:2006cv05486
Filed:October 10, 2006
 
Court:Illinois Northern District Court
Office:Chicago Office [ Court Info ]
County:Cook
Presiding Judge:Honorable Virginia M. Kendall
 
Nature of Suit:Contract - Other Contract
Cause:28:1441 Petition for Removal
Jurisdiction:Federal Question
Jury Demanded By:None

Date Filed

#

Docket Text

October 10, 2006 1 NOTICE of Removal from Circuit Court of Cook County, IL, County Department, Law Division, case number (2006 L 8944) filed by Mayer Brown Rowe & Maw LLP with copies of summons and complaint. (vmj, ) (Entered: October 12, 2006)
October 10, 2006 2 CIVIL Cover Sheet (vmj, ) (Entered: October 12, 2006)
October 10, 2006 3 ATTORNEY Appearance for Defendant Mayer Brown Rowe & Maw LLP by Mitchell L. Marinello (vmj, ) (Entered: October 12, 2006)
October 10, 2006 4 ATTORNEY Appearance for Defendant Mayer Brown Rowe & Maw LLP by Steven J. Ciszewski (vmj, ) (Entered: October 12, 2006)
October 12, 2006   MAILED Letter regarding notice of removal with an attorney appearance form to Edward T. Joyce, plaintiff's counsel. (vmj, ) (Entered: October 12, 2006)
October 17, 2006 6 ATTORNEY Appearance for Plaintiff David Grochocinski by Robert D Carroll (Carroll, Robert) (Entered: October 17, 2006)
October 17, 2006 7 ATTORNEY Appearance for Plaintiff David Grochocinski by Arthur W. Aufmann (Aufmann, Arthur) (Entered: October 17, 2006)
October 17, 2006 8 ATTORNEY Appearance for Plaintiff David Grochocinski by Edward T. Joyce (Joyce, Edward) (Entered: October 17, 2006)
October 20, 2006 9 2 SUMMONS and 2 copies Issued as to Defendants Ronald B Given, Charles W Trautner (vmj, ) (Entered: October 23, 2006)
November 21, 2006 10 MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given for leave to file excess pages Unopposed Motion for Leave to File Twenty-Page Brief (Marinello, Mitchell) (Entered: November 21, 2006)
November 21, 2006 11 NOTICE of Motion by Mitchell L. Marinello for presentment of motion for leave to file excess pages10 before Honorable Virginia M. Kendall on 11/28/2006 at 09:00 AM. (Marinello, Mitchell) (Entered: November 21, 2006)
November 21, 2006 12 Amended NOTICE of Motion by Mitchell L. Marinello for presentment of motion for leave to file excess pages10 before Honorable Virginia M. Kendall on 11/28/2006 at 09:00 AM. (Marinello, Mitchell) (Entered: November 21, 2006)
November 27, 2006 13 MINUTE entry before Judge Virginia M. Kendall : Unopposed motion for leave to file twenty-page brief 10 is granted. The presentment date of 11/28/2006 for said motion is hereby stricken. Mailed notice (gmr, ) (Entered: November 27, 2006)
November 30, 2006 14 ATTORNEY Appearance for Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given by Stephen Novack (Novack, Stephen) (Entered: November 30, 2006)
November 30, 2006 15 MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given to dismiss (Novack, Stephen) (Entered: November 30, 2006)
November 30, 2006 16 MEMORANDUM by Mayer Brown Rowe & Maw LLP, Ronald B Given in Support of motion to dismiss15 (Attachments: # 1 Exhibit A-B# 2 Exhibit C-E)(Novack, Stephen) (Entered: November 30, 2006)
November 30, 2006 17 NOTICE of Motion by Stephen Novack for presentment of motion to dismiss15 before Honorable Virginia M. Kendall on 12/5/2006 at 09:00 AM. (Novack, Stephen) (Entered: November 30, 2006)
December 4, 2006 18 MINUTE entry before Judge Virginia M. Kendall : Briefing schedule as to motion to dismiss15 set as follows: Responses due by 12/19/2006. Replies due by 12/29/2006. The Court will rule by mail. The presentment date of 12/5/2006 for said motion is hereby stricken. Status hearing set for 1/30/2007 at 9:00 AM. Mailed notice (gmr, ) (Entered: December 4, 2006)
December 4, 2006   Set/Reset Hearings Status hearing set for 1/30/2007 at 09:00 AM. (gmr, ) (Entered: December 4, 2006)
December 15, 2006 19 MOTION by Plaintiff David Grochocinski for extension of time to file response/reply to Defendant's Motion to Dismiss (Carroll, Robert) (Entered: December 15, 2006)
December 15, 2006 20 NOTICE of Motion by Robert D Carroll for presentment of motion for extension of time to file response/reply19 before Honorable Virginia M. Kendall on 12/21/2006 at 09:00 AM. (Carroll, Robert) (Entered: December 15, 2006)
December 19, 2006 21 MINUTE entry before Judge Virginia M. Kendall :Motion for extension of time to file response/reply regarding MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given to dismiss15 19 is granted as follows: Responses due by 1/5/2007. Replies due by 1/24/2007. The Court will rule by mail. Status hearing set for 1/30/2007 is stricken and reset to 2/22/2007 at 9:00 AM.Mailed notice (gmr, ) (Entered: December 19, 2006)
January 5, 2007 22 RESPONSE by David Grochocinski to MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given to dismiss15 (Attachments: # 1 Exhibit 1)(Carroll, Robert) (Entered: January 5, 2007)
January 5, 2007 23 MOTION by Plaintiff David Grochocinski for leave to file excess pages (Carroll, Robert) (Entered: January 5, 2007)
January 5, 2007 24 NOTICE of Motion by Robert D Carroll for presentment of motion for leave to file excess pages23 before Honorable Virginia M. Kendall on 1/11/2007 at 09:00 AM. (Carroll, Robert) (Entered: January 5, 2007)
January 5, 2007 25 RESPONSE by David Grochocinski to MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given to dismiss15 (Attachments: # 1 Exhibit 1)(Carroll, Robert) (Entered: January 5, 2007)
January 10, 2007 26 MINUTE entry before Judge Virginia M. Kendall :Motion for leave to file excess pages 23 is granted to 26 pages. The presentment date of 1/11/2007 for said motion is hereby stricken.Mailed notice (gmr, ) (Entered: January 10, 2007)
January 16, 2007 27 MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given for extension of time to file Reply Brief, MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given for leave to file excess pages with Reply Brief (Ciszewski, Steven) (Entered: January 16, 2007)
January 16, 2007 28 NOTICE of Motion by Steven J. Ciszewski for presentment of motion for extension of time to file, motion for leave to file excess pages,, 27 before Honorable Virginia M. Kendall on 1/22/2007 at 09:00 AM. (Ciszewski, Steven) (Entered: January 16, 2007)
January 19, 2007 29 MINUTE entry before Judge Virginia M. Kendall :Motion for extension of time to file reply brief 27 is granted to and including 2/7/2007. Motion for leave to file excess pages 27 is granted to 26 pages. Status hearing set for 2/22/2007 is stricken and reset to 3/14/2007 at 9:00 AM.Mailed notice (gmr, ) (Entered: January 19, 2007)
February 2, 2007 30 MOTION by Plaintiff David Grochocinski for extension of time to Serve Defendant Charles W. Trautner (Attachments: # 1 Exhibit A-D)(Carroll, Robert) (Entered: February 2, 2007)
February 2, 2007 31 NOTICE of Motion by Robert D Carroll for presentment of extension of time30 before Honorable Virginia M. Kendall on 2/8/2007 at 09:00 AM. (Carroll, Robert) (Entered: February 2, 2007)
February 7, 2007 32 REPLY by Mayer Brown Rowe & Maw LLP, Ronald B Given to MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given to dismiss15 (Novack, Stephen) (Entered: February 7, 2007)
February 8, 2007 33 MINUTE entry before Judge Virginia M. Kendall :Motion hearing held. Motion for extension of time to serve Defendant Charles W. Trautner 30 is granted to and including 4/9/2007.Mailed notice (gmr, ) (Entered: February 8, 2007)
March 7, 2007 34 MINUTE entry before Judge Virginia M. Kendall :At the Court's direction, status hearing set for 3/14/2007 is stricken and reset to 3/28/2007 at 09:00 AM.Mailed notice (gmr, ) (Entered: 03/07/2007)
March 14, 2007 35 ALIAS Summons Issued as to Charles W Trautner. (td, ) (Entered: March 15, 2007)
March 28, 2007 36 MINUTE entry before Judge Virginia M. Kendall :Status hearing held and continued to 5/16/2007 at 09:00 AM. Counsel shall file position papers as discussed on the record by 4/18/2007.Mailed notice (gmr, ) (Entered: March 28, 2007)
April 9, 2007 37 MOTION by Plaintiff David Grochocinski for extension of time (Second) to Serve Defendant Charles W. Trautner (Carroll, Robert) (Entered: April 9, 2007)
April 9, 2007 38 NOTICE of Motion by Robert D Carroll for presentment of extension of time37 before Honorable Virginia M. Kendall on 4/17/2007 at 09:00 AM. (Carroll, Robert) (Entered: April 9, 2007)
April 17, 2007 39 MINUTE entry before Judge Virginia M. Kendall :Motion hearing held. Motion for extension of time to Serve Defendant Charles W. Trautner 37 is granted to and including 6/8/2007. Final Extension. Status hearing set for 5/16/2007 is stricken and reset to 6/11/2007 at 09:00 AM.Mailed notice (gmr, ) (Entered: April 17, 2007)
April 17, 2007 40 ALIAS Summons one Original and one copy on Issued as to Charles W. Trautner. (hp, ) (Entered: April 18, 2007)
April 18, 2007 41 Plaintiff's Position Paper Regarding Referral to the Bankruptcy Court by David Grochocinski (Carroll, Robert) (Entered: April 18, 2007)
April 18, 2007 42 Lawyer Defendants' Position Statement Regarding Possible Referral to Bankruptcy Judge STATEMENT by Mayer Brown Rowe & Maw LLP, Ronald B Given (Attachments: # 1 Exhibit A)(Novack, Stephen) (Entered: April 18, 2007)
May 11, 2007 43 MINUTE entry before Judge Virginia M. Kendall :At the Court's direction, status hearing set for 6/11/2007 is stricken and reset to 6/18/2007 at 09:00 AM.Mailed notice (gmr, ) (Entered: 05/11/2007)
June 8, 2007 44 NOTICE of Voluntary Dismissal by David Grochocinski (Carroll, Robert) (Entered: June 8, 2007)
June 12, 2007 45 MINUTE entry before Judge Virginia M. Kendall : Pursuant to the Notice of Rule 41(a)(1)(I) Voluntary Dismissal Without Prejudice, Defendant Charles W.Trautner is hereby dismissed without prejudice. Mailed notice (hp, ) (Entered: June 12, 2007)
June 13, 2007 46 MINUTE entry before Judge Virginia M. Kendall :At the Court's direction, status hearing set for 6/18/2007 is stricken and reset to 6/25/2007 at 09:00 AM.Mailed notice (gmr, ) (Entered: 06/13/2007)
June 25, 2007 47 MINUTE entry before Judge Virginia M. Kendall :Status hearing held and continued to 12/31/2007 at 09:00 AM. Fact Discovery ordered closed by 12/21/2007. Expert Discovery ordered closed by 2/7/2008. Any dispositive motions shall be filed by 3/7/2008. Responses due by 4/7/2008. Replies due by 4/21/2008. The Court will rule by mail.Mailed notice (gmr, ) (Entered: June 28, 2007)
June 28, 2007 48 MINUTE entry before Judge Virginia M. Kendall :For the reasons set out in the Memorandum Opinion and Order, the Lawyer Defendants' Motion to Dismiss 15 is granted in part and denied in part.Mailed notice (gmr, ) (Entered: 06/28/2007)
June 28, 2007 49 MEMORANDUM Opinion and Order Signed by Judge Virginia M. Kendall on 6/28/2007:Mailed notice(gmr, ) (Entered: June 28, 2007)
July 13, 2007 50 MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given for reconsideration regarding order on motion to dismiss, text entry48, memorandum opinion and order49 and/or for other relief (Novack, Stephen) (Entered: July 13, 2007)
July 13, 2007 51 NOTICE of Motion by Stephen Novack for presentment of motion for reconsideration, motion for relief,, 50 before Honorable Virginia M. Kendall on 7/19/2007 at 09:00 AM. (Novack, Stephen) (Entered: July 13, 2007)
July 19, 2007 52 MINUTE entry before Judge Virginia M. Kendall :Motion hearing held. Briefing schedule regarding motion for reconsideration and motion for relief 50 set as follows: Responses due by 8/9/2007. Replies due by 8/23/2007. The Court will rule by mail.Mailed notice (gmr, ) (Entered: July 19, 2007)
August 9, 2007 53 RESPONSE by David Grochocinskiin Opposition to MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given for reconsideration regarding order on motion to dismiss, text entry48, memorandum opinion and order49 and/or for other relief50 (Carroll, Robert) (Entered: August 9, 2007)
August 23, 2007 54 REPLY by Mayer Brown Rowe & Maw LLP, Ronald B Given to response in opposition to motion, 53, MOTION by Defendants Mayer Brown Rowe & Maw LLP, Ronald B Given for reconsideration regarding order on motion to dismiss, text entry48, memorandum opinion and order49 and/or for other relief50 (Novack, Stephen) (Entered: August 23, 2007)
August 30, 2007 55 MOTION by Plaintiff David Grochocinski to strike Portions of Defendants Reply in Support of Their Motion to Reconsider (Carroll, Robert) (Entered: August 30, 2007)
August 30, 2007 56 NOTICE of Motion by Robert D Carroll for presentment of motion to strike55 before Honorable Virginia M. Kendall on 9/6/2007 at 09:00 AM. (Carroll, Robert) (Entered: August 30, 2007)
September 5, 2007 57 RESPONSE by Mayer Brown Rowe & Maw LLP, Ronald B Givenin Opposition to MOTION by Plaintiff David Grochocinski to strike Portions of Defendants Reply in Support of Their Motion to Reconsider55 (Novack, Stephen) (Entered: September 5, 2007)
September 5, 2007 58 MINUTE entry before Judge Virginia M. Kendall :Motion to strike 55 is denied. The presentment date of 9/6/2007 for said motion is hereby stricken. Oral argument set for 9/13/2007 at 10:00 AM. Said hearing is set for 30 minutes (15 minutes per side). Mailed notice (gmr, ) (Entered: September 5, 2007)
September 6, 2007 59 MINUTE entry before Judge Virginia M. Kendall :By agreement of counsel, Oral Argument set for 9/13/2007 is stricken and reset to 9/26/2007 at 10:00 AM. Mailed notice (gmr, ) (Entered: 09/06/2007)
September 18, 2007 60 MOTION by Plaintiff David Grochocinski for leave to file Cite Additional Authority, Previously Unavailable Authority During Oral Argument (Attachments: # 1 Exhibit A)(Carroll, Robert) (Entered: September 18, 2007)
September 18, 2007 61 NOTICE of Motion by Robert D Carroll for presentment of motion for leave to file60 before Honorable Virginia M. Kendall on 9/26/2007 at 10:00 AM. (Carroll, Robert) (Entered: September 18, 2007)
September 21, 2007 62 MINUTE entry before Judge Virginia M. Kendall :Plaintiff's motion for leave to cite additional previously unavailable authority during oral argument 60 is granted. Mailed notice (gmr, ) (Entered: September 21, 2007)
September 26, 2007 63 MINUTE entry before Judge Virginia M. Kendall :Oral argument held on 9/26/2007. Motion for reconsideration 50 is taken under advisement. Mailed notice (gmr, ) (Entered: September 26, 2007)
October 9, 2007 64 MINUTE entry before Judge Virginia M. Kendall :Status hearing set for 10/16/2007 at 09:00 AM. Mailed notice (gmr, ) (Entered: October 10, 2007)
October 16, 2007 65 MINUTE entry before Judge Virginia M. Kendall :Status hearing held on 10/16/2007. Mailed notice (gmr, ) (Entered: October 18, 2007)
October 25, 2007 66 MINUTE entry before Judge Virginia M. Kendall :Status hearing set for 10/30/2007 at 09:00 AM. Mailed notice (gmr, ) (Entered: October 25, 2007)
October 30, 2007 67 MINUTE entry before Judge Virginia M. Kendall :Status hearing held. For the reasons stated on the record in open court, motion for reconsideration 50 is denied. Discovery regarding "unclean hands" ordered closed by 1/28/2008. Any motion for summary judgment shall be filed by 2/28/2008. Responses due by 3/28/2008. Replies due by 4/11/2008. Mailed notice (gmr, ) (Entered: October 30, 2007)
November 6, 2007 68 Plaintiff's Request to Admit to Defendant Mayer Brown Rowe & Maw LLP by David Grochocinski (Carroll, Robert) (Entered: November 6, 2007)
November 6, 2007 69 Plaintiff's Request to Admit to Defendant Ronald B. Given by David Grochocinski (Carroll, Robert) (Entered: November 6, 2007)
Docket Report Last Checked: November 29, 2007 15:32:12 PST
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Plaintiff: David Grochocinski
Represented By: Arthur W. Aufmann, Robert D Carroll, Edward T. Joyce
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Defendant: Mayer Brown Rowe & Maw LLP
Represented By: Steven J. Ciszewski, Mitchell L. Marinello, Stephen Novack
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Defendant: Ronald B Given
Represented By: Stephen Novack
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