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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 MARCH 12, 2021 ORDER (Dkt. 35)

The Parties, in response to the Court’s Order of March 12, 2021 (Dkt. 35), 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 8/23/21; and

• The Court orders the parties to file a joint written status report by 6/13/21.

Plaintiff requests a 90-day extension of the fact discovery deadline until November 21, 

2021. The extension will enable the parties to effectuate any remaining discovery, resolve any 

discovery disputes, and schedule all depositions prior to proceeding to expert discovery. 

Rather than extend the discovery deadline arbitrarily, which Allstate Insurance Company 

(“Allstate”) opposes, Allstate requests that the Court stay the current fact discovery deadline 

pending its ruling on Allstate’s Partial Motion to Dismiss (Dkt. 17 filed October 19, 2020) and, if 

necessary, until Allstate serves its Answer to the Complaint. 

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(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. 

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

produced the documents responsive to Plaintiff’s first set of discovery requests. 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 produced documents to Plaintiffs on March 11, 2021. Allstate will conduct 

additional discovery, if necessary, following the Court’s ruling on the pending Partial Motion to 

Dismiss (Dkt. 17).

(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). Briefing is now 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 if and when appropriate.

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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 As stated above, Plaintiffs request a brief 90-day extension of the 

current fact discovery cut-off until November 21, 2021. This brief extension will permit the 

parties sufficient time to schedule and complete all depositions and will provide sufficient time 

to effectuate any remaining discovery that may be necessary. Thereafter, the parties will proceed 

to the expert discovery phase.

Further, Plaintiff requests that the Court enter an Order setting the following deadlines for 

expert discovery and class certification briefing dates:

• 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 requests that the Court stay the current fact discovery 

deadline pending its ruling on Allstate’s Partial Motion to Dismiss (Dkt. 17). Allstate does not 

object to the Court’s entry of an expert discovery or class certification briefing schedule, but 

believes that any such entry is premature while the motion to dismiss remains pending.

(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.

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Respectfully Submitted,

BENJAMIN GARNER & DEBORAH SCHICK,

individually and on behalf of two Classes of 

similarly situated individuals

Dated: June 11, 2021 By: /s/ Steven L. Woodrow 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

Tel: 720-213-0675

Fax: 303-927-0809

Attorneys for Plaintiffs and the Classes

ALLSTATE INSURANCE COMPANY

Dated: June 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

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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

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 June 11, 

2021.

/s/ Steven L. Woodrow

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