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LOZMAN v. PUTNAM

No. 1-00-1121.

767 N.E.2d 805 (2002)

328 Ill. App.3d 761

263 Ill.Dec. 79

Fane LOZMAN, individually, and Blue Water Partners, Inc., an Illinois Corporation, Plaintiffs-Appellants, v. Gerald D. PUTNAM, individually, Terra Nova Trading, L.L.C., an Illinois Limited Liability Company, Stuart Townsend, individually, Marrgwen Townsend, individually, Townsend Analytics, Ltd., an Illinois Corporation, Chicago Trading & Arbitrage, L.L.C., an Illinois Limited Liability Company, Archipelago, L.L.C., an Illinois Limited Liability Company, and Archipelago Holdings, L.L.C., an Illinois Limited Liability Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied April 11, 2002.

As Modified April 18, 2002.

Attorney(s) appearing for the Case

Philip J. Nathanson & Associates, Peter D. Kasdin, Ltd., Much, Shelist, Freed, Deneberg, Ament & Rubenstein, P.C., Chicago (Harvey J. Barnett, of counsel), for Appellants.

Baker & McKenzie, Chicago (William Lynch Schaller, John M. Murphy, Michael A. Pollard, Kevin S. Simon and Michael A. Duffy, of counsel), for Appellees.

Justice HARTMAN delivered the modified opinion of the court:

Plaintiffs Fane Lozman and Blue Water Partners, Inc. (Blue Water) appeal the circuit court's denial of their motion to vacate a stay of discovery and the grant of a section 2-615 (735 ILCS 5/2-615 (West 2000) (section 2-615)) motion to dismiss brought by defendants Archipelago, L.L.C. and Archipelago Holdings, L.L.C. (collectively, Archipelago). Plaintiffs assert they pled sufficient facts in the dismissed...

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