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IN THE UNTED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

BENJAMIN GARNER AND DEBORAH )

SCHICK, individually and on behalf of all )

similarly situated individuals, ) Case No. 1:20-cv-04693

)

Plaintiffs, ) JURY TRIAL DEMANDED

)

v. )

)

ALLSTATE INSURANCE COMPANY, an )

Illinois insurance company, )

)

Defendant. )

JOINT STATUS REPORT SUBMITTED IN ACCORDANCE WITH 

THE COURT’S JANUARY 11, 2021 ORDER (Dkt. 29)

The Parties, in response to the Court’s Order of January 11, 2021 (Dkt. 29), hereby 

submit the following Joint Status Report:

(1) The current deadlines imposed by the Court and whether the matter has been referred 

to the Magistrate Judge in any fashion (e,g., for discovery supervision; for resolution of a 

motion; for settlement; etc.)

No matters have been referred to Magistrate Judge Cox, the designated magistrate judge 

in this case. The current deadlines imposed by the Court are as follows:

• The deadline to amend pleadings and join parties is 4/20/2021;

• The deadline for the completion of fact discovery is 8/23/21; and

• The Court orders the parties to file a joint written status report by 3/11/21.

The current deadlines should afford the Parties sufficient time to complete discovery 

related to all alleged class and merits issues. If either or both Parties determine as discovery 

continues that additional time is required, the Party or Parties will file an appropriate motion 

showing good cause for the proposed enlargement.

(2) The progress of discovery, if discovery is ongoing

Plaintiffs’ Position

Discovery is ongoing. The Parties have exchanged Rule 26(a)(1) disclosures and have 

exchanged initial written discovery. On January 29, 2021, Plaintiffs served their responses to 

Defendant’s first set of discovery requests, along with their corresponding document production. 

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Allstate also served its responses to Plaintiffs’ first set of discovery requests on January 29, 

2021, however, Allstate withheld its document production citing the need for a confidentiality 

order. On February 24, 2021, the Court entered the Parties’ Agreed Confidential Order. (Dkt. 

33.) Plaintiffs need relevant documents (including emails) and data prior to scheduling 

depositions, which will include a Rule 30(b)(6) examination of the Defendant’s designee 

together with depositions of at least some of the nine witnesses identified by Allstate in its Rule 

26(a)(1) disclosures. 

Defendant’s Position

Allstate will begin producing documents to Plaintiffs by no later than March 15, 2021, if 

not sooner. On October 19, 2020, Allstate filed a partial motion to dismiss for failure to state a 

claim, and a motion to stay discovery pending resolution of the Facebook matter by the U.S. 

Supreme Court. (Dkt. 17). Notwithstanding that consolidated pending motion, Allstate 

anticipates that it will conduct depositions of Plaintiffs at the appropriate time and may take 

third-party discovery, as necessary.

(3) the status of briefing on unresolved motions, if any

On October 19, 2020, Allstate filed a Partial Motion to Dismiss or, in the Alternative, 

Motion to Stay (Dkt. 17). Plaintiffs filed an Opposition dated November 17, 2020 (Dkt. 25), and 

Allstate filed its Reply on December 4, 2020 (Dkt 27). Briefing is complete, and the motion is 

pending. Plaintiffs anticipate, following appropriate discovery, moving for class certification. 

(4) whether the parties have engaged or are engaging in settlement discussions and the 

status of those discussions

Plaintiffs’ Position

The Parties have not yet engaged in settlement discussions. This case should be resolved 

on a class basis with the assistance of a mediator. 

Defendant’s Position

Allstate does not believe this matter should be referred to class mediation at this time, but 

does not foreclose the possibility to participating in mediation when appropriate.

(5) for cases without any future court dates, an agreed proposed schedule

The Parties proposed the following expert discovery and class certification briefing dates 

in their Joint Initial Status Report (Dkt. 22) and the prior Joint Status Report (Dkt. 28). The 

following deadlines have not yet been entered by the Court:

• Initial Expert Disclosures Due

o Plaintiffs’ disclosures due September 6, 2021

o Allstate’s disclosures due October 6, 2021

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• Rebuttal Expert Disclosures

o November 5, 2021

• Deadline to Complete Expert Discovery

o December 6, 2021

• Class Certification

o Motion: January 5, 2022; opposition February 21, 2022; reply March 10, 2022

(6) for cases that have future court dates and if the parties believe there is good cause to 

extend the current deadlines, a proposed amended schedule and the basis for the request

None at this time.

(7) a request for any agreed action that the Court can take without a hearing

None at this time. 

(8) Whether the parties believe a telephonic hearing or in-person hearing is necessary 

within the next 60 days, and, if so, the issue(s) that warrants discussion and the parties’ 

respective positions.

None at this time.

Respectfully Submitted,

BENJAMIN GARNER & DEBORAH SCHICK, individually and on behalf of two Classes of 

similarly situated individuals

Dated: March 11, 2021 By: /s/ Patrick H. Peluso One of Plaintiffs’ Attorneys

Marc E. McCallister

mem@mccallisterlawgroup.com

Gary D. McCallister

gdm@mccallisterlawgroup.com

McCallister Law Group

200 North LaSalle Street, Suite 2150

Chicago, IL 60601

(312) 345-0611

Steven L. Woodrow

swoodrow@woodrowpeluso.com

Patrick H. Peluso

ppeluso@woodrowpeluso.com 

Woodrow & Peluso, LLC

3900 E. Mexico Avenue, Suite 300

Denver, Colorado 80210

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Tel: 720-213-0675

Fax: 303-927-0809

Attorneys for Plaintiffs and the Classes

ALLSTATE INSURANCE COMPANY

Dated: March 11, 2021 By: /s/ Lewis S. Wiener

One of Defendant’s Attorneys 

Lewis S. Wiener

EVERSHEDS SUTHERLAND (US) LLP

700 Sixth Street, N.W., Suite 700

Washington, DC 20001

Telephone: 202-383-0140

Facsimile: 202-637-3593

lewiswiener@eversheds-sutherland.com

Timothy J. McCaffrey (Bar No. 6229804)

EVERSHEDS SUTHERLAND (US) LLP

900 N. Michigan Avenue, Suite 1000

Chicago, IL 60611

Telephone: 312-535-4445

Facsimile: 312-724-9322

timmcaffrey@eversheds-sutherland.com

Francis X. Nolan, IV (pro hac vice)

EVERSHEDS SUTHERLAND (US) LLP

The Grace Building

1114 Avenue of the Americas, 40th Fl.

New York, NY 10036

Telephone: 212-389-5083

Facsimile: 212-389-5099

franknolan@eversheds-sutherland.com

Attorneys for Defendant

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CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above titled document

was served upon counsel of record by filing such papers via the Court’s ECF system on March 

11, 2021.

/s/ Patrick H. Peluso

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