OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on Plaintiff Stewart Hansen's Motion for Summary Judgment (d/e 50) (Motion). The parties consented to proceed before this Court. Consent to the Exercise of Jurisdiction by a United States Magistrate Judge and Reference Order entered May 25, 2018 (d/e 16). For the reasons set forth below, the Motion is DENIED. Hansen alleges that Defendants discriminated against him and retaliated against him in...
ORDER JAMES E. SHADID , Chief District Judge . On November 29, 2018, a Report & Recommendation was filed by Magistrate Judge Jonathan Hawley in the above captioned case. Doc. 19. 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 (7th Cir. 1988); and Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 , 539 (7th Cir. 1986)....
Report and Recommendation JONATHAN E. HAWLEY , Magistrate Judge . Now before the Court is the Plaintiff's Motion for Summary Judgment (Doc. 12), the Commissioner's Motion for Summary Affirmance (Doc. 16), and the Plaintiff's Reply (Doc. 18). This matter has been referred for a Report and Recommendation. The Motions are fully briefed, and for the reasons stated herein, the Court recommends the Plaintiff's Motion for Summary Judgment be denied and the Commissioner's Motion for Summary...
ORDER AND OPINION Sara Darrow , United States District Judge . Now before the Court is Petitioner Jorge Baez-Sanchez's ("Petitioner" or "Baez-Sanchez") Petition for Writ of Habeas Corpus under 28 U.S.C. 2241 (Doc. 1). 1 He is currently detained in the Jerome Combs Detention Center under the authority of the U.S. Department of Homeland Security ("DHS"). Baez-Sanchez has been detained by DHS for over four years without an individualized bond hearing and alleges his continued detention...
ORDER SARA DARROW , District Judge . On November 16, 2018, Petitioner Srinvas Reddy Veerareddy ("Petitioner") filed his Petition (Doc 1) pursuant to 28 U.S.C. 2241 alleging he is being improperly detained by the Immigration, Customs and Enforcement Agency (ICE). He is currently housed at the Jerome Combs Detention Center in Kankakee County, Illinois. Petitioner has also filed a Motion for Service of Process at Government Expense (Doc. 4) and a Motion to Request Counsel (Doc. 5)....
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . This matter comes before the Court on Gully Transportation Co.'s Motion for Relief from Judgment Pursuant to Rule 60(b) (Doc. 22) and Motion to Dismiss Victory Logistics, LLC's Crossclaim (Doc. 24). Victory Logistics has had opportunity to respond to both motions, and so they are ripe for review (Docs. 30, 31). For the reasons stated below Gully Transportation's Rule 60(b) Motion is GRANTED and its Motion to Dismiss is DENIED....
ORDER AND OPINION JAMES E. SHADID , Chief District Judge . This matter is now before the Court on a Motion for Partial Summary Judgment (Doc. 6) filed by Plaintiff, A. Clay Cox, as Trustee for the estate of Central Illinois Energy Cooperative, and a Motion for Summary Judgment (Doc. 10) filed by Defendants, Michael E. Evans, Nancy A. Schell, and Froehling, Weber, Evans & Schell, LLP. For the reasons stated below, both motions are DENIED. BACKGROUND Formation of Central Illinois Energy...
ORDER AND OPINION JAMES E. SHADID , Chief District Judge . This case comes before the Court on Defendants' Motion (Doc. 13) to Dismiss for Failure to State a Claim. Plaintiff has filed a Memorandum in Opposition (Doc. 16). For the reasons that follow, Defendants' Motion to Dismiss is DENIED. BACKGROUND Plaintiff filed the Amended Complaint (Doc. 3) in this case on September 11, 2018. Plaintiff alleges that Defendants have literally infringed at least one claim of Plaintiff's patent,...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . TOM SCHANZLE-HASKINS, U.S. MAGISTRATE JUDGE: This matter comes before the Court on Plaintiffs' Motion styled as Memorandum in Support of Motion to Quash and for a Protective Order (d/e 103) (Motion). For the reasons set forth below, the Motion is DENIED. BACKGROUND Plaintiffs seek to represent a nationwide class of Medicare Advantage Organizations and related entities (collectively Medicare Advantage Organization Creditors) to recover...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on Plaintiffs' Motion to Quash or Modify Third Party Subpoenas (d/e 95) (Motion 95) and Defendant State Farm's Motion to Compel Responses to Discovery Request (d/e 97) (Motion 97). For the reasons set forth below, Motion 95 is ALLOWED in part and Motion 97 is ALLOWED. BACKGROUND Plaintiffs MAO-MSO Recovery II, LLC; MSP Recovery, LLC; MSPA Claims 1, LLC; and MSP Recovery Claims, Series LLC are assignees...
OPINION RICHARD MILLS , District Judge . In an Opinion entered on August 17, 2018, the Court allowed the Plaintiffs' motion for summary judgment on Plaintiffs' claim that 131.06(a)(2)(a) of the Springfield Municipal Code's prohibition on "panhandling while at any time before, during, or after the solicitation knowingly approaching within five feet of the solicited person" violates the First Amendment. Pending is the Plaintiffs' Petition for Attorney's Fees. Based on the Court's...
Order JONATHAN E. HAWLEY , Magistrate Judge . Now before the Court is Plaintiff Gregory T. Henseler's Motion to Strike Affirmative Defenses Pursuant to Rule 12(f) (Doc. 14) and Defendant Cook Canton, LLC's Response in Opposition to Plaintiff's Motion to Strike Affirmative Defenses (Doc. 18). For the reasons set forth below, the Plaintiff's Motion to Strike is DENIED. I On October 4, 2018 the Plaintiff filed his Complaint and Jury Demand (Doc. 1) against Defendant Cook Canton, LLC (Cook...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . Plaintiff John N. Palmer appeals from the denial of his application for Social Security Disability Insurance Benefits (Disability Benefits) under Title II of the Social Security Act. 42 U.S.C. 416(i) and 423. This appeal is brought pursuant to 42 U.S.C. 405(g). Palmer filed a Motion for Summary Judgment (d/e 13). The Defendant Commissioner filed a Motion for Summary Affirmance (d/e 16). The parties consented to proceed before this...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on Plaintiff Kelli Andrews's Motion to Compel Discovery from Sheriff of Sangamon County (d/e 26) (Motion). For the reasons set forth below, the Motion is ALLOWED. BACKGROUND Andrews is the mother and administrator of the estate of Tiffany Rusher, deceased. Rusher was mentally ill and killed herself while a pretrial detainee in custody in the Sangamon County, Illinois, Jail. Andrews brings this action...
OPINION SUE E. MYERSCOUGH , District Judge . Plaintiff, proceeding pro se, claims that Defendant Carey verbally harassed and used excessive force on Plaintiff on February 24, 2017 while Plaintiff was detained in the Sangamon County Jail. In particular, Plaintiff alleges that: [O]n February 24, 2017, he went to the control room to ask Mrs. Thompson for a grievance form in order to complain about H pod not having access to the commissary the day before, while all the other pods were allowed...
ORDER AND OPINION JAMES E. SHADID , Chief District Judge . Now before the Court are Defendant Brendt A. Christensen's Motion (Doc. 131) to Change Venue, Defendant's Motion (Doc. 132) for Intradistrict Transfer of Case, and the United States' Response (Doc. 153). For the reasons set forth below, Defendant's Motion (Doc. 132) for Intradistrict Transfer of Case is GRANTED and this matter is transferred to the Peoria Division for further proceedings. Defendant's Motion (Doc. 131) to Change...
ORDER AND OPINION JAMES E. SHADID , Chief District Judge . This matter is now before the Court on a November 13, 2018 Report and Recommendation [17] from Magistrate Judge Hawley. More than 14 days have elapsed since the filing of the Report and 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); Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 , 539 (7 th Cir. 1986). As the...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on Relator Thomas Proctor's Motion to Quash Cynthia Tudor Deposition Subpoena (d/e 119) (Motion 119) and Defendant's Motion for Leave to Schedule Deposition of Former Government Representative Within Two Weeks of Discovery (d/e 121) (Motion 121) (collectively Motions). For the reasons set forth below, Motion 121 is ALLOWED and Motion 119 is DENIED. BACKGROUND Relator Thomas Proctor filed this qui tam...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . This matter is before the Court on Defendants' Motion for Summary Judgment (Doc. 37). Plaintiff, proceeding pro se, has had the opportunity to respond (Docs. 39 and 40), and Defendants have filed a reply (Doc. 41). This matter is now ripe for decision. BACKGROUND Defendant Jared Bierbaum, a police detective with the Bloomington Police Department, began investigating Plaintiff for drug-related activities around the beginning of...
OPINION SUE E. MYERSCOUGH , District Judge . This cause is before the Court on Plaintiff Regions Bank's Request for Attorney's Fees (d/e 17) totaling $55,733.96. Because Plaintiff has demonstrated that the fees are commercially reasonable, the Request is GRANTED. Plaintiff is also awarded costs totaling $3,462.10. I. BACKGROUND In May 2018, Plaintiff filed a Complaint (d/e 1) against Defendants John L. Rooney, David G. Lanterman, Capitol Strategies, Inc., Capitol Strategies Consulting,...
