SEALED OPINION SUE E. MYERSCOUGH , District Judge . The Jacksonville School District has appealed a hearing officer's July 20, 2015 order regarding the education of R.P., a girl with autism who turned 10 earlier this month. The hearing officer's order granted relief that was largely favorable to R.P.'s parents—the defendants in this case—who had removed R.P. from public school because the District was not providing R.P. with a "free appropriate public education" as required by law. The...
SUMMARY JUDGMENT OPINION SUE E. MYERSCOUGH , District Judge . Plaintiff, proceeding pro se, brought the present lawsuit pursuant to 42 U.S.C. 1983 alleging an Eighth Amendment violation for inadequate nutrition while he was incarcerated at Western Illinois Correctional Center. The matter comes before this Court for ruling on the Defendants' Motions for Summary Judgment. (Doc. 40). The motion is granted. PRELIMINARY MATTERS Defendants filed their motion for summary judgment on April 22,...
ORDER JAMES E. SHADID , Chief District Judge . Before this Court are Petitioner, Kevin Young's ("Young") Petition for Writ of Habeas Corpus [1] pursuant to 28 U.S.C. 2254 and Defendant's Answer. For the following reasons, the Petition [1] is DENIED. DISCUSSION In October 2006, Young shot at three City of Rock Island polices officers during a foot chase, injuring one of them. Following a bench trial in the Circuit Court for Rock Island County, Young was found guilty of three counts of...
ORDER AND OPINION JAMES E. SHADID , Chief District Judge . This matter is now before the Court on Defendants' Motion [23] for Summary Judgment, Plaintiff's Response [35], and Defendants' Reply [38] thereto. The Motion is fully briefed, and for the reasons set forth below, Defendant's motion for summary judgment is GRANTED. BACKGROUND Plaintiff, Tammy Castagnoli, was an employee of Defendant, The Center for Neurosciences, LLC ("The Center") from October, 2009 until her termination on...
MERIT REVIEW OPINION JAMES E. SHADID , District Judge . Plaintiff proceeds pro se from his incarceration in Menard Correctional Center. He alleges that Peoria Officer Williams caused Plaintiff's unlawful detention at the jail from June 9, 2012, to June 26, 2012, when the charges against Plaintiff were dropped for lack of probable cause. Officer Williams moves to dismiss on the grounds that Plaintiff's claims are barred by the two-year statute of limitations. Plaintiff counters that the...
ORDER JAMES E. SHADID , Chief District Judge . This matter is now before the Court on Petitioner, James McCaw's ("McCaw"),Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241. For the reasons set forth herein, the Petition [1] is DISMISSED. BACKGROUND AND DISCUSSION McCaw was convicted of 14 counts of Transporting Stolen Goods in Interstate Commerce in violation of 18 U.S.C. 2312, 2314 and four counts of Illegally Transferring the Social Security Numbers of Others in...
ORDER & OPINION JOE B. McDADE , Senior District Judge . This matter is before the Court on the Defendants' Partial Motion to Dismiss Plaintiff's First Amended Complaint. (Doc. 31). For the reasons explained below, the Motion is DENIED. PROCEDURAL BACKGROUND Plaintiff Gabriella Calhoun (hereinafter Plaintiff or Calhoun) filed a Complaint against all Defendants on June 16, 2015. (Doc. 1). The case was originally assigned to Chief Judge James E. Shadid. Defendants filed a Partial Answer (...
Order JONATHAN E. HAWLEY , Magistrate Judge . I The Plaintiff filed her Complaint (Doc. 1) on January 2, 2015 seeking review of the final decision of the Commissioner denying her application for Social Security benefits. On September 1, 2015, the Court reversed the decision of the ALJ and remanded this case pursuant to Sentence 4 of 42 U.S.C. 405(g) for a new hearing. The Plaintiff now seeks attorney fees as the "prevailing party" pursuant to 28 U.S.C. 2412(d) in the amount of $2,995....
ORDER SUE E. MYERSCOUGH , District Judge . This matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Tom Schanzle-Haskins (d/e 40). Judge Schanzle-Haskins recommends that this Court dismiss this case as a sanction under Federal Rule of Civil Procedure 37 for failure to respond to discovery requests. Judge Schanzle-Haskins further recommends that Plaintiff be given an opportunity to respond to demonstrate why an award of expenses and fees would...
REPORT AND RECOMMENDATION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before this Court on Defendants' Motion for Sanctions (d/e 39) (Motion). Defendants served the Motion on October 28, 2015. Motion , attached Certificate of Service . More than fourteen days has passed since service of the Motion, and Plaintiff has not responded. This Court therefore presumes that Plaintiff has no opposition to the Motion. Local Rule 7.1(B)(2). For the reasons set forth below, the Court...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . This matter is before the Court on Defendant Granite Broadcasting Corporation's ("Granite's") Motion for Entry of Judgment under Rule 54(b). (Doc. 43). Granite asks the Court to first certify that there is no just reason for delaying in entering a separate final judgment in its favor, and then proceed to enter the judgment. ( Id. ). Granite filed this motion on November 25, 2015 and Plaintiffs' response was due on December 14,...
OPINION SUE E. MYERSCOUGH , District Judge . Petitioner Christopher Cox has filed a Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody (d/e 1). Cox is currently in state prison, serving consecutively running prison terms of 3 years and 22 years. Cox was found guilty in 2005 of disorderly conduct, unlawful restraint, aggravated fleeing and eluding, domestic battery, aggravated unlawful restraint, and armed violence. Cox alleges that he is being held...
OPINION SUE E. MYERSCOUGH , District Judge . On January 26, 2015, the Court granted summary judgment to all the defendants except for Defendant DeWitt. The Court assumes familiarity with that order. The Court then appointed pro bono counsel for Plaintiff to explore the possibility of appealing the Court's determination that Defendants Saathoff and Dewitt were entitled to qualified immunity and to continue to represent Plaintiff in this case. Plaintiff has chosen not to appeal the Court's...
OPINION SUE E. MYERSCOUGH , District Judge . This matter comes before the Court on Defendant Dish Network, L.L.C.'s (Dish) Motion in Limine to Preclude Plaintiffs from Presenting Evidence of 2003-2007 Call Records and Memorandum in Support Thereof (d/e 535) (Motion). For the reasons set forth below, the Motion is DENIED. BACKGROUND The Plaintiffs allege that Defendant Dish violated the Telephone Sales Rule (TSR), 16 C.F.R. Part 310, as amended; the Telephone Consumer Protection Act (...
OPINION SUE E. MYERSCOUGH , District Judge . This matter comes before the Court on Defendant Dish Network L.L.C.'s Motion in Limine to Exclude the May 2008 Letter for Purposes of Proving Dish's Liability or Penalties Related to Telemarketing Violations and Memorandum in Support Thereof (d/e 533) (Motion). For the reasons set forth below, the Motion is GRANTED. BACKGROUND The Plaintiffs allege that Defendant Dish Network, L.L.C. (Dish), violated the Telephone Sales Rule (TSR), 16 C.F.R....
OPINION SUE E. MYERSCOUGH , District Judge . This matter comes before the Court on Plaintiffs' Motion in Limine to Preclude Certain Evidence of Settlements (d/e 532) (Motion). For the reasons set forth below, the Motion is DENIED. BACKGROUND The Plaintiff United States seeks civil penalties from Defendant Dish Network, LLC (Dish), for alleged knowing violations of the Telephone Sales Rule (TSR), 16 C.F.R. Part 310, as amended. See Pretrial Order (d/e 564), at 4. The Federal Trade...
SUMMARY JUDGMENT OPINION SUE E. MYERSCOUGH , District Judge . Plaintiff, proceeding pro se and presently incarcerated at Pontiac Correctional Center, brought the present lawsuit pursuant to 42 U.S.C. 1983 alleging Eighth Amendment claims for excessive force, failure to intervene, and deliberate indifference to a serious medical need. The matter comes before this Court for ruling on the Defendants' respective motions for summary judgment for failure to exhaust administrative remedies. (...
OPINION SUE E. MYERSCOUGH , District Judge . Plaintiff is detained in the Rushville Treatment and Detention Center pursuant to the Illinois Sexually Violent Persons Act. Pursuant to the Court's 1/31/14 Order, the claim in this case is about the alleged refusal to allow Plaintiff to participate in sex offender treatment without completing prerequisites such as a polygraph test and certain programs that allegedly are designed only to stall Plaintiff's treatment. On January 27, 2015, the...
MERIT REVIEW ORDER ON AMENDED COMPLAINT HAROLD A. BAKER , District Judge . The plaintiff, proceeding pro se and incarcerated in the Pontiac Correctional Center, has filed Motion for Leave to File Amended Complaint [50], which is GRANTED. Plaintiff's original complaint named Defendant Warden Pfister, Guy Pierce and Kevin DeLong and alleged that for two years he had been held in continuous segregation confinement. Plaintiff's Amended Complaint adds as Defendants, Warden Motteler, Major Zook...
OPINION & ORDER JOE BILLY McDADE , Senior District Judge . This matter is before the Court upon the Joint Motion To Dismiss Plaintiff's Pro Se Civil Rights Amended Complaint (Doc. 18) brought by the Defendants. The plaintiff in this civil action is Corey Ramon Pastoriza ("Plaintiff"). The defendants are Keystone Consolidated Industries, Inc. ("Keystone"), Ken Notaro ("Notaro"), Jeff Klokkenga ("Klokkenga"), Tim Heaton ("Heaton"), and "Supervisor Maxwell" ("Maxwell") (collectively "...
