ORDER & OPINION JOE BILLY McDADE, Senior District Judge. This matter is before the Court on multiple motions filed by Plaintiff: Motion for Summary Judgment (Doc. 44), Amended Motion for Default Judgment (Doc. 52), 1 Motion for Judgment of Foreclosure (Doc. 45), Motion to Appoint Special Commissioner (Doc. 46), and Motion for Attorney Fees (Doc. 48). For the following reasons, all of Plaintiff's Motions are granted. PROCEDURAL HISTORY Plaintiff filed its Complaint against Defendants...
MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Plaintiff Kevin O'Gorman filed this suit under 42 U.S.C. 1983 against the City of Chicago, seeking compensatory and punitive damages for alleged violations of his right to due process under the Fourteenth Amendment. After his first complaint was dismissed, O'Gorman filed an amended complaint, adding additional facts and an equal protection claim. The City has moved to dismiss the amended complaint. For the reasons stated below,...
ORDER ON MOTION TO DISMISS HAROLD A. BAKER, UNITED STATES DISTRICT JUDGE The plaintiff, Cecil Newell, commenced this action pursuant to the Civil Rights Act, 42 U.S.C. 1983, and Title II of the Americans with Disabilities Act, 42 U.S.C. 12131 et seq. Defendants Timothy Bukowski, Michael Downey, Jerome Combs Detention Center ("JCDC"), Kankakee County Sheriff's Department, Jeffrey Long, and Charee Sangster filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). The plaintiff did not...
ORDER & OPINION JOE BILLY McDADE, Senior District Judge. This matter is before the Court on Appellant's appeal from the Bankruptcy Court for the Central District of Illinois' determination that the right to draw on a letter of credit is property of a bankruptcy estate and that Appellees therefore did not proximately cause Appellant's damages by failing to cause the Debtor to draw upon the letters of credit prior to the bankruptcy filing. Both Appellant and Appellee have filed their briefs on...
ORDER & OPINION JOE BILLY McDADE, Senior District Judge. Before the Court are Plaintiff's Motions for Summary Judgment as to Defendants Gene Bowers and Virginia Gillette (Doc. 37), Defendants Harry Gray and Shirley Hadley (Doc. 38), and Defendants William Nichoalds and Edith Nichoalds 1 (Doc. 39). These Motions have been fully briefed. Also before the Court are a Motion for Default Judgment as to Defendant Luke Matarelli (Doc. 65), and a Motion for Default Judgment as to Defendants Clyde I....
OPINION RICHARD MILLS, District Judge. The Court now considers Plaintiff United States of America's Motion to Enter Judgment (hereinafter the "Motion"). Pursuant to Federal Rule of Civil Procedure 55, 28 U.S.C. 2001, and for the reasons stated below, the Motion is ALLOWED. In connection with its decision, the Court has considered all of the pleadings and evidence submitted to date. Based thereon, the court makes these FINDINGS: I. JURISDICTION The Court has jurisdiction over the...
ORDER MICHAEL P. McCUSKEY, District Judge. A Report and Recommendation (#62) was filed by Magistrate Judge David G. Bernthal in the above cause on August 9, 2013. On August 26, 2013, Plaintiffs Macon County and Mary A. Eaton, Macon County Recorder of Deeds, filed their Objection to Report and Recommendations (#63). Following this court's careful de novo review of the Magistrate Judge's reasoning and Plaintiffs' Objection, this court agrees with and accepts the Magistrate Judge's Report and...
ORDER MICHAEL P. McCUSKEY, District Judge. A Report and Recommendation (#62) was filed by Magistrate Judge David G. Bernthal in the above cause on August 9, 2013. On August 26, 2013, Plaintiffs Macon County and Mary A. Eaton, Macon County Recorder of Deeds, filed their Objection to Report and Recommendations (#63). Following this court's careful de novo review of the Magistrate Judge's reasoning and Plaintiffs' Objection, this court agrees with and accepts the Magistrate Judge's Report and...
ORDER & OPINION JOE BILLY McDADE, Senior District Judge. Before the Court is Plaintiff's Motion for Entry of Default (Doc. 9), in which Plaintiff asks this Court to enter default against the defendant property and Ted Monninger, the owner of the property at issue, as well as against any unknown potential claimants. Mr. Monninger was personally served with a Summons and Complaint on May 16, 2013. (Doc. 6). Additionally, a warrant in rem was posted on the property and notice was published on...
MEMORANDUM OPINION AND ORDER JEFFREY COLE, Magistrate Judge. The plaintiffs are five women who applied for paramedic positions with the Chicago Fire Department ("CFD") beginning in 2004. All five met the requirements for hire and were placed on the hiring eligibility list. Each took the CFD's physical ability test (PAT) and were informed they did not pass and, as a result, were removed from the hiring eligibility list. Each filed charges with the Equal Employment Opportunity Commission and...
OPINION RICHARD MILLS, District Judge. Defendant's Motion for Summary Judgment is Allowed. I. INTRODUCTION Plaintiff Kristen J. Glemser ("the Plaintiff" or "Glemser") filed a Complaint against Defendant Sugar Creek Realty, LLC ("the Defendant" or "Sugar Creek"), her former employer. The Complaint alleges claims for sexual harassment and constructive discharge under Title VII. The former claim is based on alleged severe and pervasive harassment on December 7, 2006, by the Plaintiff's...
OPINION SUE E. MYERSCOUGH, District Judge. This cause is before the Court on Defendant Manuel Gonzalez's Motion to Suppress Statements (d/e 47). Defendant's Motion is DENIED. The Government has demonstrated that Defendant knowingly, voluntarily, and intelligently waived his rights under Miranda . Miranda v. Arizona , 384 U.S. 436 , 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Moreover, Agent Russ Belcher did not unconstitutionally induce Defendant Gonzalez's incriminating statements. I....
OPINION SUE E. MYERSCOUGH, District Judge. This cause is before the Court on Defendant Noe Sanchez's, a.k.a. Epimenio Sanchez Gonzales, Motion to Suppress Statements (d/e 20). Defendant's Motion is DENIED. The Government has demonstrated that Defendant knowingly, voluntarily, and intelligently waived his rights under Miranda . Miranda v. Arizona, 384 U.S. 436 , 461, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). I. BACKGROUND Defendant and his nephew, co-defendant Manuel Gonzalez, have been...
ORDER JOHN A. GORMAN, Magistrate Judge. Now before the Court is the Plaintiff's motion (#16) for leave to amend the complaint. Defendant has filed opposition to this motion. As stated herein, the motion is DENIED. BACKGROUND On Sept. 10, 2012, EEOC filed this action alleging that an employee of the Defendant, Deborah Chisholm, was subjected to a hostile work environment through offensive and unwelcome comments of a sexual nature by Chace De La Vega, a co-worker of Chisholm, and that the...
OPINION BYRON G. CUDMORE, Magistrate Judge. This matter comes before the Court on Plaintiff Ronda J. Leezer's Application for Brief in Support of Relief Under the Equal Access to Justice Act Pursuant to Sentence Four Remand (d/e 19) (Motion) and the parties' Stipulation for Attorney Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (d/e 21) (Stipulation). Leezer prevailed in this case and seeks an award of attorney fees under the EAJA, 28 U.S.C. 2412(d). The parties...
OPINION SUE E. MYERSCOUGH, District Judge. Plaintiff pursues constitutional claims arising from a traffic stop and subsequent searches of Plaintiff's vehicle in March 2009. Defendants move for summary judgment, in part on the grounds that the two-year statute of limitations bars Plaintiff's claims. Woods v. Illinois Dept. of Children and Family Serv., 710 F.3d 762 , 768 (7 th Cir. 2013)("To sum up, we reiterate our holding that the limitations period applicable to all 1983 claims...
OPINION MICHAEL P. McCUSKEY, District Judge. Plaintiff, Thomas J. Riley, has filed another Motion for Reconsideration (# 53) of the court's order denying the recruitment of counsel to handle his case. In his motion, Plaintiff notes that he has unsuccessfully solicited various law offices for representation. Plaintiff states that, without representation, he will not be able to: (1) obtain further evidence by taking depositions of Defendant, medical and security staff, as well outside witnesses;...
OPINION SUE E. MYERSCOUGH, District Judge. Plaintiff, proceeding pro se and incarcerated in Danville Correctional Center, pursues claims for deliberate indifference to his serious medical needs during his detention at Jerome Combs Detention Center. Specifically, Plaintiff alleges that he contracted a MRSA infection in February 2012 from which he did not fully recover until March 2012. Plaintiff's claims arise from the alleged denial of narcotic pain medicine, denial of physical therapy,...
OPINION SUE E. MYERSCOUGH, District Judge. This cause is before the Court on Defendant Ryan Buehnerkemper's Motion for Summary Judgment (d/e 59), Defendant Kathy Weiss' Motion for Summary Judgment (d/e 66), and Defendant Weiss' Motion for Sanctions Under Rule 11 and 28 U.S.C. 1927 (d/e 55). For the reasons that follow, Defendants are awarded summary judgment on Plaintiff Susan Stevens' 1983 claims for false arrest and false imprisonment (Counts I and II). Further, the Court declines to...
OPINION JAMES E. SHADID, District Judge. Plaintiff' has filed a motion for the appointment of pro bono counsel and has demonstrated reasonable attempts to find counsel on his own. [4] The Court may therefore proceed to the next step in the inquiry: "given the difficulty of the case, does the plaintiff appear competent to litigate it himself " Pruitt v. Mote, 503 F.3d 647 , 654-55 (7th Cir. 2007), citing Farmer v. Haas, 990 F.2d 319 , 322 (7 th Cir. 1993). As the Seventh Circuit...
