OPINION SUE E. MYERSCOUGH , U.S. District Judge . Plaintiff Dennis Hilderbrand challenges the National Electrical Benefit Fund's (NEBF) decision to deny him disability benefits for the period of March 2005 through October 2008. Cross motions for summary judgment are pending. Because the NEBF Trustees failed to consider reliable, contrary evidence submitted by Hilderbrand, Hilderbrand's Motion for Summary Judgment (d/e 12) is GRANTED IN PART and the cause is remanded to the NEBF Trustees...
OPINION SUE E. MYERSCOUGH, District Judge. This cause is before the Court on the Motion to Strike (d/e 76) filed by Plaintiff Marion Makeda-Phillips, who is proceeding pro se. The Motion is DENIED. The affirmative defenses asserted by Defendants Jesse White in his official capacity as the Illinois Secretary of State, Denise Westnedge, and Misty Caskey are sufficiently pleaded. I. BACKGROUND In November 2014, Defendants filed an Answer to Fourth Amended Complaint and Affirmative Defenses (d/...
OPINION SUE E. MYERSCOUGH, District Judge. Plaintiff pursues claims arising from Defendants' refusal to surgically remove a large lipoma near the base of Plaintiff's head during Plaintiff's incarceration. The case is in the process of discovery. Defendants move to dismiss count III—the vicarious liability claim against Wexford Health Sources, Inc. Defendants are correct that, as of this moment, Seventh Circuit controlling precedent clearly holds that, just like municipalities, private...
ORDER JAMES E. SHADID, Chief District Judge. This matter is now before the Court on Defendant, Walmart Stores East, LP's ("Wal-Mart") Motion for Summary Judgment [25]. This matter has been fully briefed. For the reasons set forth below, Defendant's Motion for Summary Judgment is GRANTED. STATEMENT OF FACTS 1 Jason Walowski ("Walowski") began working at Wal-Mart in Princeton, Illinois as a part-time stocker when he was sixteen years old. In 2001, Wal-Mart transferred Walowski to the...
OPINION SUE E. MYERSCOUGH, District Judge. Before the Court is Plaintiff Lucinda White's First Motion to Strike Defendants' Affirmative Defenses (d/e 6). The Motion is GRANTED IN PART and DENIED IN PART. For the reasons set forth below, the Court does not strike the affirmative defense of qualified immunity asserted by Defendant Sgt. Edward Higginson as to Count I and Count II and asserted by Defendant Officer Mark Cordes as to Count III. The Court strikes Defendant City of Springfield's...
OPINION SUE E. MYERSCOUGH, District Judge. Before the Court is the Report and Recommendation (d/e 13) entered by United States Magistrate Judge Tom Schanzle-Haskins on June 24, 2014. Judge Schanzle-Haskins recommends that this Court grant Plaintiff Stephen N. Durbin's Motion for Summary Judgment (d/e 8), deny Defendant Commissioner of Social Security's Motion for Summary Affirmance (d/e 11), and remand this case for further proceedings under Sentence Four of 42 U.S.C. 405(g). Objections to...
ORDER & OPINION JOE BILLY McDADE, Senior District Judge. This matter is before the Court on Respondent's Motion to Dismiss Petitioner's 2255 Motion (Doc. 5) and Petitioner's Motion for Status (Doc. 10), in which Petitioner also requests appointment of counsel. Petitioner filed a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 on April 24, 2014. (Doc. 1). Petitioner's response to Respondent's Motion to Dismiss was originally due on July 31, 2014. Petitioner has not...
Order JONATHAN E. HAWLEY, Magistrate Judge. This matter is now before the Court on the parties' Joint Stipulation to Remand to the Commissioner ( Doc. 23 ). In their Stipulation, the parties jointly request that the Court remand this case for further proceedings pursuant to sentence four of 42 USC 405(g) , which authorizes the Court "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security,...
ORDER SARA DARROW, District Judge. Pro se plaintiff Robert Juarez claims that Jamie Dimon ("Dimon") 1 and Chase Bank USA, N.A. ("Chase Bank") falsely reported his indebtedness to the IRS, in violation of the Fair Credit Reporting Act ("FCRA"). Dimon now moves, ECF No. 5, to dismiss Juarez's complaint as to Dimon, alleging that the Complaint fails to plead facts sufficient for this Court to exercise personal jurisdiction. Fed. R. Civ. P. 12(b)(2). For the following reasons, Dimon's Motion to...
OPINION SUE E. MYERSCOUGH, District Judge. Before the Court is Defendant Factory Card & Party Outlet's Motion for Reconsideration the Court's Opinion Denying the Defendant Summary Judgment (d/e 32). Because the Defendant raises no new issues in the motion, and instead addresses previous arguments that that Court has already rejected, the motion is DENIED. In the Seventh Circuit, It is well established that a motion to reconsider is only appropriate where a court has misunderstood a party,...
ORDER JAMES E. SHADID, Chief District Judge. On November 18, 2014, a Report & Recommendation was filed by Magistrate Judge Tom Schanzle-Haskins in the above captioned case. More than fourteen (14) days have elapsed since the filing of the Report & Recommendation, and no objections have been made. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b); Lockert v. Faulkner, 843 F.2d 1015 (7 th Cir. 1988); and Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 , 539 (7 th Cir. 1986). As...
REPORT AND RECOMMENDATION TOM SCHANZLE-HASKINS, Magistrate Judge. This matter comes before the Court for a Report and Recommendation on Defendant ELM Locating and Utility Services' (ELM) Motion to Dismiss Count III of Plaintiff's Amended Complaint for Lack of Subject Matter Jurisdiction (d/e 47) (Motion). For the reasons set forth below, the Motion should be ALLOWED. Count III should be dismissed as moot, with the Court retaining jurisdiction to consider any claim by Plaintiff James Horner...
OPINION RICHARD MILLS, District Judge. This matter is before the Court following the jury instruction conference on December 12, 2014. The Court has reviewed the Parties' proposed instructions and considered their objections and arguments. I. (1) The Court first considered Government Instruction No. 20 and Defendant's Instruction No. 19, which both instruct as to the elements of mail fraud. 1 The Parties agreed that Defendant's No. 19 will be given as modified. (2) The Court next...
Order JONATHAN E. HAWLEY, Magistrate Judge. This matter is now before the Court on the parties' Joint Stipulation to Remand to the Commissioner ( Doc. 19 ). In their Stipulation, the parties jointly request that the Court reverse this case and remand for further proceedings pursuant to sentence four of 42 USC 405(g) , which authorizes the Court "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of...
OPINION ENTERING DEFAULT JUDGMENT SUE E. MYERSCOUGH, District Judge. This cause comes before the Court on the Plaintiffs' Motion for Default Judgment against Defendant Roger Selle, doing business as R-S Construction (d/e 7). The Court has reviewed the Plaintiffs' Memorandum of Law in Support of the Motion for Default Judgment (d/e 8) and all of the attached exhibits. As the Plaintiffs' complaint was duly filed and served upon the Defendant, and the Defendant failed to answer or otherwise...
OPINION SUE E. MYERSCOUGH , U.S. District Judge : This cause is before the Court on Plaintiffs' Motion for Summary Judgment (d/e 341/402) (Motion 341/402) and Defendant Dish Network L.L.C.'s (Dish) Motion for Summary Judgment (d/e 346) (Motion 346) (collectively the Motions). The Plaintiffs seek summary judgment on eleven of twelve claims alleged in the Second Amended Complaint and Demand for Jury Trial (d/e 257) (Second Amended Complaint). Dish seeks summary judgment on all claims. Dish...
ORDER & OPINION JOE BILLY McDADE, District Judge. This matter is before the Court on Plaintiff's Rule 56(d) Motion to Deny or Stay Defendant Society Insurance's motion for summary judgment. (Doc. 20). Society has filed a memorandum in opposition to Plaintiff's motion, so it is ready for decision. For the following reasons, Plaintiff's motion is denied. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff Cincinnati Insurance Company ("Cincinnati") filed a Complaint against Defendants Society...
OPINION RICHARD MILLS, District Judge. The United States of America filed a Petition to Enforce IRS Summons wherein it sought an Order directing Respondent Titan International, Inc. ("Titan"), to show cause, if any, why the Respondent should not comply with and obey the aforementioned summons and the requirements thereof. The Court set a Show Cause Hearing. The Respondent filed a Response to the Petition to Enforce IRS Summons alleging that Petitioner has not complied with the statutory...
OPINION SUE E. MYERSCOUGH , U.S. District Judge : This matter comes before the Court on Defendant Dish Network LLC's (Dish) Motion to Preclude the Expert Testimony of Dr. Yoeli (d/e 398) (Motion). For the reasons set forth below, the Motion is DENIED. BACKGROUND Dish sells satellite television programming and related services. Dish markets its services in several ways, including telemarketing. The Plaintiffs allege that Dish violated state and federal laws ("Do-Not-Call" or "DNC" Laws)...
Order JONATHAN E. HAWLEY, Magistrate Judge. Now before the Court is the Plaintiff's Motion to Strike Affirmative Defenses (Doc. 19). The Defendant filed its Response (Doc. 22), and for the reasons set forth below, the Plaintiff's Motion to Strike is DENIED. I On July 25, 2014, the Defendant 1 removed this case to federal court from the Ninth Judicial Circuit, Knox County, Illinois. On October 2, 2014, a Rule 16 Scheduling Conference was held and the Court set discovery to close on May 25,...