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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 JUNE 17, 2021 ORDER (Dkt. 40)

The Parties, in response to the Court’s Order of June 17, 2021 (Dkt. 40), 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 for the completion of fact discovery is 11/21/21; and

• The Court ordered the parties to file a joint written status report by 8/31/21.

Plaintiffs are currently reviewing discovery responses provided by Allstate and are

preparing a deficiency letter. Allstate is doing the same. While the current deadlines should 

afford the Parties sufficient time to complete discovery, disputes may require additional time to 

resolve. 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 

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

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

2021, but Allstate withheld its document production citing the need for a confidentiality order. 

On March 11, 2021, after the Confidentiality Order was entered in this case, Allstate produced 

the documents responsive to Plaintiffs’ first set of discovery requests. Plaintiffs are preparing to 

serve a discovery dispute letter, which addresses certain deficiencies in Allstate’s responses to 

discovery. 

The Parties expect to confer within the coming week or so to attempt to resolve the 

disputes without involving the Court. 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 is preparing to send a letter to Plaintiffs outlining deficiencies and 

inconsistencies in Plaintiffs’ production and discovery responses. Allstate anticipates that 

discovery will continue and plans to take depositions of at least some of the witnesses identified 

by Plaintiffs in their Rule 26(a)(1) disclosures, including both named Plaintiffs. 

(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). On November 17, 2020 Plaintiffs filed an Opposition (Dkt. 25), and 

Allstate filed its Reply on December 4, 2020 (Dkt. 27). Following the Supreme Court’s decision 

in Facebook, Inc. v. Duguid, the Court directed the parties to file supplemental briefs regarding 

how Facebook impacts Allstate’s pending partial motion to dismiss. (Dkt. 36). The Court also 

denied Allstate’s Motion to Stay as moot in light of the Facebook decision. Allstate filed its 

supplemental brief on April 16, 2021 (Dkt. 37), and Plaintiffs filed their supplemental brief on 

April 30, 2021 (Dkt. 38). On August 30, 2021, the Court denied the motion to dismiss.

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

Allstate anticipates filing a motion for summary judgment as to all claims.

(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 is open to engaging in settlement discussions. 

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

Not Applicable.

(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

Plaintiffs’ Position

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. 39). The 

following deadlines have not yet been entered by the Court:

• Initial Expert Disclosures Due

o Plaintiffs’ disclosures due December 6, 2021

o Allstate’s disclosures due January 6, 2022

• Rebuttal Expert Disclosures

o February 3, 2022

• Deadline to Complete Expert Discovery

o March 7, 2022

• Class Certification

o Motion: April 5, 2022; opposition: May 23, 2022; reply: June 8, 2022

Defendant’s Position

Allstate agrees with the above.

(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: August 31, 2021 By: /s/ Steven L. Woodrow

 One of Plaintiffs’ Attorneys

Marc E. McCallister

CAVANAGH LAW GROUP

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161 North Clark St., Ste. 2070

Chicago, IL 60601

Office: 312.425.1900

Fax: 312.425.1904

mem@cavanaghlawgroup.com

Steven L. Woodrow

swoodrow@woodrowpeluso.com

Patrick H. Peluso

ppeluso@woodrowpeluso.com 

Woodrow & Peluso, LLC

3900 E. Mexico Avenue, Suite 300

Denver, Colorado 80210

Tel: 720-213-0675

Fax: 303-927-0809

Attorneys for Plaintiffs and the Classes

ALLSTATE INSURANCE COMPANY

Dated: August 31, 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 August 

31, 2021.

/s/ Steven L. Woodrow

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