6108422v2/33678-0001 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

SYMBRIA, INC., et al., 

Plaintiffs, 

v. 

JOHN R. CALLEN, et al., 

Defendants. 

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Case No.: 1:20-cv-04084 

Judge Mary M. Rowland 

Judge M. David Weisman 

DEFENDANTS’ STATUS REPORT ON WRITTEN DISCOVERY AND 

SETTLEMENT 

Pursuant to the Court’s October 6, 2022 Order (Dkt. 587), Defendants John R. Callen, 

United Methodist Homes and Services, Christos V. Dilmas, MedRehab Alliance Holdings, Inc., 

MedRehab Alliance, LLC, MedRehab Alliance Interstate, LLC, Illinois Ancillary Services 

Network, LLC, MedRehab Therapy Associates of Illinois, LLC, Joint & Neuro Rehab Associates, 

LLC, Pearl Health Care Services, Inc., d/b/a MedRehab at Home and as Chicago Med Home 

Health, Chicago Rehabilitation Collective PLLC, and MedRehab Alliance Wisconsin, LLC 

(collectively, “Defendants”), respectfully submit this status report on behalf of Defendants only 

with an update on settlement and a proposed discovery schedule after being unable to reach 

agreement with Plaintiffs on the proposed discovery schedule set forth in the Report. 

I. Settlement Update 

Plaintiffs v. John R. Callen, MedRehab Entities, and JNR 

Plaintiffs and Defendants Pearl Health Care Services, Inc. and Illinois Ancillary Services 

Network, LLC have tentatively agreed on settlement terms subject to execution of a written 

settlement agreement, and are exchanging drafts of a settlement agreement. The tentative 

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settlement agreement provides for Pearl and IASN to be dismissed from this action after the 

payment of the settlement amount, which may take up to a year. 

Plaintiffs and Defendant Chicago Rehabilitation Collective PLLC are still engaging in 

settlement negotiations. The parties are negotiating about releases to be given by Plaintiffs or 

alternatives to releases, as well as the settlement amount to be paid to Plaintiffs by Chicago Rehab. 

Plaintiffs and United Methodist Homes and Services have not agreed to settlement terms. 

Plaintiffs provided an individual demand to United Methodist Homes and Services on October 7, 

2022 and a counter-offer was provided to Plaintiffs on October 26, 2022. 

Plaintiffs and Defendants John Callen, MedRehab Alliance Holdings, Inc., MedRehab 

Alliance, LLC, MedRehab Alliance Interstate, LLC, MedRehab Therapy Associates of Illinois, 

LLC, Joint & Neuro Rehab Associates, LLC, and MedRehab Alliance Wisconsin, LLC have not 

agreed to settlement terms. On October 31, 2022, Callen and these companies made a settlement 

counter-offer, which Plaintiffs are now considering. 

UMHS Defendants and John Callen Defendants have provided a letter to the Court via the 

Court’s email address Proposed_Order_Weisman@ilnd.uscourts.gov setting forth specific offer 

and demand updates. 

II. Proposed Discovery Schedule 

A. Defendants Intend to Seek Leave of Court to Add Third Party Complaint and Two 

New Third Party Defendants. 

UMHS plans to seek leave of court to file a third party complaint and add two third party 

defendants to this litigation. UMHS’ Third Party Complaint is for professional negligence and 

legal malpractice against an attorney and law firm that represented UMHS and provided advice to 

UMHS that it was permitted to solicit customers and compete with Symbria outside of Illinois 

under the terms of the SPA Agreement. In light of UMHS’ plan to file a motion for leave to file a 

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third party complaint, Defendants have modified the proposed discovery schedule to allow an 

additional 30 days of no discovery so that the third party defendants can file an appearance and 

participate in anticipated oral discovery that will be proceeding. 

The Defendants state that the Defendants’ proposed discovery schedule is appropriate in 

that several Motions on the pleadings are outstanding, including Plaintiffs’ Motion for Leave to 

File the Fourth Amended Complaint and Plaintiffs’ Motion to Strike all Affirmative Defenses and 

Counterclaims filed by the Defendants. As such, the Parties are not yet at issue. Additionally, 

there is no prejudice to Plaintiffs in the proposed discovery schedule, as the Parties previously 

entered into a Consent Order providing the Plaintiffs with temporary relief regarding several items 

Plaintiffs deem confidential. 

B. The Defendants propose the following discovery schedule: 

Additional stay of discovery: December 1, 2022 

Deadline to complete fact depositions: July 17, 2023 

Deadline for Plaintiffs’ expert disclosures and reports: August 14, 2023 

Deadline for Defendants’ expert disclosures and reports: September 11, 2023 

Deadline for completion of expert discovery as to 

Plaintiffs’ experts: October 9, 2023 

Deadline for completion of expert discovery as to 

Defendants’ experts: November 6, 2023 

Deadline for filing dispositive motions: December 4, 2023 

Responses to dispositive motions: Due 30 days after filing of motion 

Replies for dispositive motions: Due 30 days after filing of motion 

Expected trial date: March 2024 

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Dated: November 1, 2022 Respectfully submitted, 

/s/ Paige M. Canepari /s/ Marc H. Kallish

Kevin O’Hagan (6211446) 

Paige Manley Canepari (6274052) 

Sean G. Rohan (6310029) 

O’Hagan Meyer LLC 

One E. Wacker Drive, Suite 3400 

Chicago, Illinois 60601 

(312) 422-6100 

kohagan@ohaganmeyer.com 

pcanepari@ohaganmeyer.com 

srohan@ohaganmeyer.com 

Defendant United Methodist Homes 

and Services 

Michael J. Scotti, III (6205868) 

Marc H. Kallish (6231021) 

Gary L. Wills (6280052) 

Joseph Ramos (6321350) 

Roetzel & Andress, LPA 

30 North LaSalle Street, Suite 2800 

Chicago, Illinois 60602 

312-580-1200 

mscotti@ralaw.com 

mkallish@ralaw.com 

gwills@ralaw.com 

jramos@ralaw.com 

Defendants John R. Callen, MedRehab 

Alliance Holdings, Inc., MedRehab Alliance, 

LLC, MedRehab Alliance Interstate, LLC, 

Illinois Ancillary Services Network, LLC, 

Pearl Health Care Services, Inc., MedRehab 

Therapy Associates Of Illinois, LLC, Joint & 

Neuro Rehab Associates, LLC and MedRehab 

Alliance Wisconsin, LLC 

/s/ Thomas G. Griffin /s/ Brian J. Williams

Thomas G. Griffin (6202401) 

Matthew W. Casey (6299254) 

Walker Wilcox Matousek LLP 

One North Franklin Street, Suite 3200 

Chicago, Illinois 60606 

(312) 244-6700 

tgriffin@walkerwilcox.com 

mcasey@walkerwilcox.com 

Defendant Chicago Rehabilitation 

Collective PLLC

Brian J Williams 

Cozen O’Connor 

123 North Wacker Drive, Suite 1800 

Chicago, Illinois 60606 

(312) 474-7927 

bwilliams@cozen.com 

Defendant Christos Dilmas 

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