Report and Recommendation JONATHAN E. HAWLEY , Magistrate Judge . Now before the Court is the Plaintiff's Motion for Summary Judgment (Doc. 9), the Commissioner's Motion for Summary Affirmance (Doc. 13), and the Plaintiff's Reply (Doc. 15). 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 granted, the Defendant's Motion for Summary Affirmance...
OPINION RICHARD MILLS , District Judge . Pending is the Defendants' Motion to Compel Government Agency to Allow Former Government Employee to Testify in accordance with Trial Subpoena or, in the alternative, Defendants' Motion for Adverse-Inference Instruction. Pending also is Non-Party Witness Dr. Cynthia Tudor's Motion to Quash Trial Subpoena. I. The Defendants seek review of what they claim was an arbitrary and capricious decision by a Government agency that refused to permit trial...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . Plaintiff Rhonda White, as successor to her late husband Carl R. White (White), deceased, appeals from the denial of White's 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). White applied for Disability Benefits on September 28, 2015. Certified Transcript of Proceedings before...
OPINION RICHARD MILLS , District Judge . United States Magistrate Tom Schanzle-Haskins entered an Opinion and Order [d/e 147] denying the Defendant's Motion to Compel. In accordance with 28 U.S.C. 636(b)(1)(A) and Federal Rule of Civil Procedure 72(a), Defendant Safeway Inc. has appealed [d/e 149] the magistrate judge's Opinion and Order. I. Judge Schanzle-Haskins denied the Defendant's motion to compel the Centers for Medicare and Medicaid Services (CMS) to permit the testimony of a...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . This matter is before the Court on Plaintiff's Motion for Summary Judgment (Doc. 8) and Defendant's Motion for Summary Affirmance (Doc. 14). Plaintiff opted not to, or failed to, file a reply brief within 21 days of Defendant's motion. This matter is therefore ripe pursuant to Local Rule 8.1(E). For the reasons stated herein, Plaintiff's Motion (Doc. 8) is GRANTED and Defendant's Motion (Doc. 14) is DENIED. BACKGROUND Plaintiff...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . Before the Court is Defendants' Motion to Dismiss for Failure to State a Claim and attendant memorandum (Docs. 10, 11) and Plaintiff's response thereto (Doc. 14). On November 5, 2019, the Court requested supplemental memoranda from the parties; they timely complied with that request (Docs. 16, 17). The Motion is now ripe for review. For the following reasons, Defendants' Motion is granted. BACKGROUND 1 The parties have been...
ORDER SARA DARROW , Chief District Judge . Plaintiff Linda W. filed an application for disability insurance benefits. The Commissioner of the Social Security Administration ("the Commissioner") denied her application, and Linda seeks judicial review of this decision pursuant to 42 U.S.C. 405(g). See Compl., ECF No. 1. Before the Court are Linda's Motion for Summary Judgment, ECF No. 9, the Commissioner's Motion for Summary Affirmance, ECF No. 13, and United States Magistrate Judge...
Report and Recommendation JONATHAN E. HAWLEY , Magistrate Judge . Now before the Court is the Plaintiff's Motion for Summary Judgment (Doc. 9) and the Commissioner's Motion for Summary Affirmance (Doc. 13). 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 granted, the Defendant's Motion for Summary Affirmance be denied, and the matter be...
OPINION SUE E. MYERSCOUGH , District Judge . During the trial, the Court granted in part and denied in part the Wexford Defendants' motion in limine to bar the admission of court-appointed expert reports from a Northern District of Illinois case, Lippert v. Godinez , 10-cv-4603. Lippert is a class action challenging the delivery of healthcare to Illinois Department of Corrections inmates. The Court allowed the admission of limited portions of the expert reports for purposes of notice...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on Defendant Protective Life Corporation's (Protective Life) Motion for Complete Summary Judgment and Brief in Support Thereof (d/e 16) (Motion). The parties have consented to proceed before this Court. Notice, Consent, and Reference of a Civil Action to a Magistrate Judge and Reference Order entered July 29, 2019 (d/e 21). This Court further gave notice to the parties that the Court may decide the...
OPINION RICHARD MILLS , District Judge . RICHARD MILLS, United States District Judge: The Plaintiff appears to assert a claim under 42 U.S.C 1983. 1 Pending is the Defendants' motion to dismiss. It is allowed. Plaintiff Reggie Kimbrough filed a pro se complaint wherein he asks the Court to overturn the determination to revoke his commercial driver's license ("CDL") based on what he claims was an abuse of power by the hearing officer. The Plaintiff states that he lost his license due...
MERIT REVIEW — AMENDED COMPLAINT JOE BILLY McDADE , District Judge . Plaintiff, proceeding pro se, files an amended complaint under 1983, alleging excessive force and deliberate indifference to his serious medical needs at the Illinois River Correctional Center ("IRCC"). The case is before the Court for a merit review pursuant to 28 U.S.C. 1915A. In reviewing the Complaint, the Court accepts the factual allegations as true, liberally construing them in Plaintiff's favor. Turley v....
ORDER AND OPINION JAMES E. SHADID , District Judge . Now before the Court is the United States' Motion (Doc. 707) and the Defendant's response (Doc. 723), and the Court having heard argument on the matter, this Order follows. For the reasons set forth below the United States' Motion as to the expert testimony of Dr. Jorja Leap is DENIED in part and GRANTED in part. 1 BACKGROUND The government has charged Defendants with being a part of a criminal enterprise known as the Bomb Squad. The...
MERIT REVIEW — SECOND AMENDED COMPLAINT MICHAEL M. MIHM , District Judge . Plaintiff, proceeding pro se, files a second amended complaint alleging failure to protect and deliberate indifference to his serious medical needs at the Danville Correctional Center ("Danville"). The case is before the Court for a merit review pursuant to 28 U.S.C. 1915A. In reviewing the Complaint, the Court accepts the factual allegations as true, liberally construing them in Plaintiff's favor. Turley v....
ORDER JAMES E. SHADID , District Judge . This matter is now before the Court on a Report and Recommendation from Magistrate Judge Hawley. Doc. 18. 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 (7th Cir. 1988); Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 , 539 (7th Cir. 1986). As the parties have not presented timely...
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. 15), and the Plaintiff's Reply (Doc. 17). 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 granted, the Defendant's Motion for Summary Affirmance...
MEMORANDUM OPINION AND ORDER MICHAEL M. MIHM , District Judge . Presently before the Court are Defendants' Motions to Dismiss (D. 19, 21, 23) and Plaintiff's Motion to Strike (D. 26). For the reasons stated herein, Defendants' Motions are GRANTED IN PART AND DENIED IN PART, and Plaintiff's Motion is DENIED. JURISDICTION The Court exercises jurisdiction over this matter under 28 U.S.C. 1331 and 1343, as Plaintiff alleges violations of federal statutes and depravations of his civil...
ORDER AND OPINION MICHAEL M. MIHM , District Judge . This matter is now before the Court on Plaintiff Mary Blessent's ("Blessent" or "Plaintiff") Motion for Summary Judgment (ECF No. 11) and Defendant Commissioner of Social Security's ("Commissioner" or "Defendant") Motion for Summary Affirmance (ECF No. 16). For the reasons stated herein, Blessent's Motion for Summary Judgment is GRANTED. The Commissioner's Motion for Summary Affirmance is DENIED. This matter is REVERSED and REMANDED to...
OPINION SUE E. MYERSCOUGH , District Judge . This cause is before the Court on Petitioner Terence Merritt's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (d/e 1). As explained below, Petitioner is entitled to relief on his claim that his conviction and 10-year sentence of imprisonment under 18 U.S.C. 924(c) are unconstitutional. Accordingly, Petitioner's 2255 motion is GRANTED. I. BACKGROUND On October 5, 2006, Petitioner and...
ORDER AND OPINION JAMES E. SHADID , District Judge . This matter is now before the Court on Plaintiff's Motion [34] for Judgment on the Pleadings. Defendant filed a response [38] and the matter is ripe for disposition. For the reasons set forth below, Plaintiff's Motion is GRANTED. BACKGROUND Plaintiff, Rockhill Insurance Company ("Rockhill"), brought this action against Defendant, Carri Scharf Materials Company ("Scharf"), seeking a declaratory judgment that Rockhill owes no duty to...
