OPINION BYRON G. CUDMORE, Unites States Magistrate Judge: This matter comes before the Court on Defendant Dish Network L.L.C.'s (Dish) Motion to Strike Jury Demand (d/e 54) (Motion). Plaintiff United States of America (Government) seeks equitable relief under 13(b) and 19 of the Federal Commission Act (FTC Act) and civil penalties under 5(m)(1)(A) of the FTC Act. First Amended Complaint and Demand for Jury Trial (d/e 5) 94, 95; 15 U.S.C. 45(m)(1)(A), 53(b), 57b. The Government...
ORDER MICHAEL M. MIHM, District Judge. This matter is now before the Court on Appellants Richard LaHood ("Richard") and FLLZ, LLC's Appeal from the Order of the Bankruptcy Court granting summary judgment in favor of the Trustee, as well as Appellant Heartland Bank and Trust Company's ("Heartland") appeal from the Order of the Bankruptcy Court granting in part and denying in part Heartland's Motion for Summary Judgment. For the reasons stated herein, the decision of the Bankruptcy Court...
OPINION MICHAEL P. McCUSKEY, Chief Judge. This case is before the court for ruling on Motions to Suppress (# 48, # 76) filed by Defendants Imad Ribhi Abdallah and Mohamed Rebhi Qattoum. This court has carefully considered the evidence presented at the evidentiary hearing and the arguments presented by the parties. Following this court's careful and thorough review, the Motions to Suppress (# 48, # 76) are DENIED. BACKGROUND On October 7, 2009, Defendants Jalal Nimer Asad, Mohamed Rebhi...
OPINION MICHAEL P. McCUSKEY, Chief Judge. This matter is before the Court on a Motion to Compel Arbitration of Plaintiff's Claims and Stay Proceedings (d/e 13) filed by Defendant World Finance Corporation of Illinois (World Finance). World Finance seeks an order compelling Plaintiff Lawrence Estep to submit his claims to arbitration on an individual basis. World Finance also asks the Court to stay the instant matter until arbitration is concluded. For the reasons set forth below, Defendant's...
OPINION CHARLES H. EVANS, United States Magistrate Judge. Plaintiff Lonald W. Heeman appeals from a final decision of the Social Security Administration (SSA) denying his application for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) under Titles II and XVI of the Social Security Act, 42 U.S.C. 416, 423, and 1381a. Plaintiff brings this appeal pursuant to 42 U.S.C. 405(g) and 1383(c)(3). The parties have consented to a determination of this case by the...
ORDER & OPINION JOE BILLY McDADE, Senior District Judge. This matter is before the Court on Hartford Casualty Insurance Company's ("Hartford") Motion for Summary Judgment as to Count I of its Amended Complaint for Declaratory Judgment (Doc. 48). For the reasons stated below, Hartford's Motion for Summary Judgment is granted. LEGAL STANDARD Summary judgment should be granted where "the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no...
OPINION MICHAEL P. McCUSKEY, Chief Judge. This case is before the court for a ruling on Plaintiff, Strategic Capital Bancorp Inc.'s (SCBI), Motion for a Preliminary Injunction (#11). This court has carefully considered both the arguments and documentation submitted by both parties. Following this careful and thorough review, SCBI's Motion for a Preliminary Injunction is DENIED. FACTS Strategic Capital Bancorp Inc. (SCBI) filed the present suit to require Defendant, St. Paul Mercury...
ORDER & OPINION JOE BILLY McDADE, Senior District Judge. This matter is before the Court on Defendants,' Sunbelt Rentals, Inc. ("Sunbelt") and International Union of Operating Engineers Local No. 965 ("Union"), respective Motions for Summary Judgment (Docs. 29 & 34), and Plaintiff Eddie Hardwick's Motion for Partial Summary Judgment (Doc. 31). Also pending is Plaintiff's Motion to Strike his original Reply Memorandum in Support of his Motion for Partial Summary Judgment (Doc. 50), which is...
OPINION JEANNE E. SCOTT, District Judge: This matter comes before the Court on Defendant Timothy Martin, Scott Doubet, and Michael Stout's Motion for Summary Judgment (d/e 271) (Motion). The Plaintiffs are sixteen former employees of the Illinois Department of Transportation (Department or IDOT), Steve Whitlow, Bruce Carmitchel, Lori Coonen, Melanie Dennison, Sharmin Doering, Jileen Eisele, Janice Gower, Stuart Hunt II, Brad Jones, Catherine Kennedy, Barbara Mabie, Adil Rahman, Anthony...
OPINION MICHAEL P. McCUSKEY, Chief Judge. This case is before the court for ruling on various pending motions filed by Plaintiff, Gary McCann, and Defendant, Illinois Central Railroad Company. This court has carefully considered the arguments of the parties and the documents filed. Following this careful and thorough consideration, this court rules as follows: (1) Defendant's Motion to Bar Plaintiff's Treating Physicians from Giving Expert Causation Opinions and to Bar the Expert Opinions of...
OPINION & ORDER JOE BILLY McDADE, Senior District Judge. This matter is before the Court on Defendants' Motion to Dismiss Plaintiff's Second Amended Complaint and to Strike Damages Allegations. (Doc. 32). Plaintiff has responded in opposition to the Motion. (Doc. 38). On April 9, 2010, the Court found that a Reply Memorandum from Defendants would be helpful, and therefore instructed Defendants to file a Reply, which Defendants did on April 30, 2010. (Doc. 42). In addition, Plaintiff's...
ORDER & OPINION JOE BILLY McDADE, Senior District Judge. This matter is before the Court on Defendants' Motions to Dismiss. 1 (Docs. 55, 60, 61, 58). Plaintiff has responded in opposition to each of the Motions to Dismiss. (Docs. 64, 65, 66, 67). For the reasons stated below, the East Peoria Defendants' and the Peoria County Defendants' Motions to Dismiss are denied, and the Tazewell County Defendants' and the Pekin Defendants' Motions to Dismiss are granted. LEGAL STANDARD "In ruling...