AMENDED MEMORANDUM OPINION AND ORDER JEFFREY COLE, United States Magistrate Judge. INTRODUCTION Having prevailed before a unanimous three-member arbitration panel, Midwest Generation EME, LLC ("Midwest") has moved to confirm the award. Continuum Chemical Corporation ("Continuum") has filed a petition to vacate the award, based on the "evident partiality" of one of the arbitrators, Stanley Sklar. It is Continuum's contention that it must be allowed to take limited discovery of Mr. Sklar...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Illinois prisoner William Holland ("Holland") is serving a life sentence for the murder of his estranged wife. (R. 14, State Ct. R., Ex. I at 1.) Presently before the Court is Holland's pro se petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 ("Section 2254"), which alleges that various constitutional violations occurred in his state court proceedings. (R. 6, Pet. at 5-6.) 2 For the reasons stated below, Holland's...
MEMORANDUM OPINION AND ORDER JEFFREY COLE, United States Magistrate Judge. This is a contract dispute. The plaintiff is an Italian company, which sells granite and marble. It supplied granite to the defendant, an American company that purchases granite for resale to builders, contractors, retailers, and others. The defendant began purchasing granite from the plaintiff in March 2003, but in 2008, things went awry. The plaintiff contends that the defendant has failed to make payment for...
MEMORANDUM OPINION AND ORDER 1 SIDNEY I. SCHENKIER, United States Magistrate Judge. On May 28, 2010, plaintiffs—Laborers' Pension Fund and Laborers' Welfare Fund of the Health and Welfare Department of the Construction and General Laborers' District Council of Chicago and Vicinity (collectively "Funds"); James S. Jorgensen, Administrator of the Funds; and General Laborers' District Council of Chicago and Vicinity (the "Union")—filed a complaint against Lake City Janitorial, Inc. ("LCJ"), an...
MEMORANDUM OPINION AND ORDER ARLANDER KEYS, United States Magistrate Judge. Currently before the Court is Plaintiff Minnesota Elevator, Inc.'s ("Minnesota's") Motion for Summary Judgment. Fed. R.Civ.P. 56. Minnesota argues that summary judgment is warranted, because Imperial Elevator Services, Inc.'s ("Barnard") only defense to Minnesota's breach of contract claim 1 fails as a matter of law. For the reasons set forth below, Plaintiff's Motion is Granted. BACKGROUND PACTS Since 1971,...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Oscar Walden, Jr. ("Plaintiff or "Walden") has sued the City of Chicago ("City" or "Defendant"), Chicago Police Department ("CPD") Captain William Ryan, CPD Lieutenant Golden, CPD Detective Leon Sweitzer ("Detective Sweitzer"), and CPD Officers Joseph Faculak ("Officer Faculak"), William O'Brien ("Officer O'Brien"), William Murphy ("Officer Murphy"), and Edward Walsh ("Officer Walsh"), alleging multiple claims under both state and...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. In November 2004, LaVondell Noble ("Noble") was convicted of aggravated kidnaping, aggravated unlawful restraint, and unlawful use of a weapon by a felon. (R. 13, State Ct. R., Ex. N at Q140-43.) He is currently serving concurrent twelve and four year sentences as a result of those convictions. ( Id. at C59.) Presently before the Court is Noble's pro se petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 ("Section...
MEMORANDUM OPINION JOHN F. GRADY, District Judge. Before the court are the parties' cross-motions for summary judgment. For the reasons explained below we grant plaintiff Public Service Mutual Insurance Company's ("PSM") motion in part, and deny it in part, and deny defendant Capitol Transamerica Corporation's ("Capitol") motion. BACKGROUND This insurance coverage dispute arises from a wrongful death action filed against the parties' mutual insured, Kenard Management Corporation ("Kenard"...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Illinois prisoner Lawrence McKinley ("McKinley") is serving a forty-five year extended-term sentence for aggravated battery with a firearm. (R. 11, State Ct. R., Ex. H at C077.) Presently before the Court is McKinley's pro se petition for writ of habeas corpus pursuant to 28 U.S.C. 2254 ("Section 2254"), which challenges the extended-term sentence imposed by a state court. (R. 1, Pet.) For the reasons stated below, McKinley's...
MEMORANDUM OPINION SAMUEL DER-YEGHIAYAN, District Judge. This matter is before the court on Defendant ValueClick, Inc.'s (ValueClick) and Defendant Web Marketing Holdings, Inc. d/b/a Webclients, Inc.'s (Webclients) motion to dismiss. For the reasons stated below, we grant in part and deny in part the motion to dismiss. BACKGROUND Plaintiff Cosmetique, Inc. (Cosmetique) alleges that it is a direct marketer of cosmetics and runs Cosmetique Beauty Club (Beauty Club). Cosmetique allegedly paid...
OPINION AND ORDER CHARLES R. NORGLE, District Judge. On May 12, 1992, at approximately 12:15 a.m., Petitioner Marilyn Mulero ("Mulero") and two other individuals murdered Jimmy Cruz ("Cruz") and Hector Reyes ("Reyes") in Humboldt Park, which is located in the near northwest side of Chicago, Illinois. People v. Mulero, 176 Ill.2d 444 , 223 Ill.Dec. 893 , 680 N.E.2d 1329 , 1331 (1997). Mulero pled guilty to four counts of intentional murder before the Circuit Court of Cook County and...
MEMORANDUM OPINION AND ORDER SIDNEY I. SCHENKIER, United States Magistrate Judge eSpeed, Inc., eSpeed International, Ltd., Ecco LLC, and EccoWare Ltd. (collectively "eSpeed") seek to strike a bill of costs filed by Trading Technologies, Inc. ("TT") or, in the alternative, to stay consideration of costs pending eSpeed's appeal. After a jury awarded TT damages for eSpeed's patent infringement, and the trial judge (then Judge Moran) entered a permanent injunction against eSpeed, TT submitted a...
MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. This case involves a dispute between Illinois Bell Telephone Co. ("AT & T Illinois" or "AT & T") and Global NAPs Illinois, Inc. ("Global"). AT & T and Global are parties to an interconnection agreement ("ICA"), which was formed pursuant to the Telecommunications Act of 1996 ("Telecom Act"), codified at 47 U.S.C. 251 et seq. After Global refused to pay AT & T Illinois for services AT & T provided under the ICA, AT & T filed...
MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. Global NAPs Illinois, Inc. ("Global") filed a seventeen-count "Complaint and Petition for Review," challenging a ruling of the Illinois Commerce Commission ("ICC") and naming the ICC as the sole defendant. Illinois Bell Telephone Company ("AT & T Illinois" or "AT & T") 1 was the opposing party in the ICC proceedings. On August 20, 2009, AT & T Illinois was granted leave to intervene in the instant action. On February 18, 2010,...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Robert S. Goldberg, M.D. ("Dr. Goldberg") 1 and June Beecham ("Beecham") 2 (collectively, "Relators") bring this qui tam action under the provisions of the False Claims Act ("FCA"), 31 U.S.C. 3729 et seq., and the Illinois Whistleblower Reward and Protection Act ("IWRPA"), 740 Ill. Comp. Stat. 175/1 et seq., in the name of the United States of America and the State of Illinois, against Rush University Medical Center ("...
OPINION AND ORDER WILLIAM T. HART, District Judge. I. INTRODUCTION This class action concerns the State of Illinois's alleged duty under the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101(a)(2), 12101(a)(5), 12132, and 504 of the Rehabilitation Act, 29 U.S.C. 794(a), to provide persons with mental illnesses who reside in privately owned Institutions for Mental Diseases ("IMD") the opportunity to be placed in an integrated community setting. See generally Olmstead v. L.C.,...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. The International Union of Elevator Constructors Local 2 ("Union") and Frank Christensen ("Christensen") (collectively, "Plaintiffs") bring this action under the Freedom of Information Act ("FOIA" or "the Act"), 5 U.S.C. 552 et seq., seeking documents from the United States Department of Labor ("Department of Labor"). (R. 1, Compl. 1.) While the Department of Labor has released some publicly available responsive documents to...
MEMORANDUM OPINION AND ORDER MARTIN C. ASHMAN, United States Magistrate Judge. Plaintiffs, including Pfizer Inc. ("Pfizer"), sued Apotex Inc. and Apotex Corp. (collectively "Apotex") for patent infringement. Currently before the Court is Pfizer's Motion for a Protective Order seeking to limit certain activities of Apotex's outside counsel who review certain documents this Court ordered Pfizer to produce to Apotex. The Court rules on this Motion under District Judge Robert M. Dow's referral...
MEMORANDUM OPINION AND ORDER 1 SIDNEY I. SCHENKIER, United States Magistrate Judge. Allegations of an underage drinking party and the rape of a minor in Westmont, Illinois, evolved into this lawsuit after the alleged victim's parents expressed their discontent with the Westmont Police Department ("WPD") investigation in a variety of ways, and were eventually arrested on various charges. Plaintiffs—Jane Doe 1 ("Miss Zitzka," the minor who was the alleged victim of a rape), her parents (Mr....
MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. BACKGROUND This order involves a motion to intervene filed in the ongoing criminal proceeding against former Illinois governor Rod Blagojevich and his brother Robert Blagojevich. On June 1, 2010, Chicago Tribune Company, New York Times Company, Illinois Press Association, and Illinois Broadcasters' Association (collectively "Press Intervenors") filed a Motion to Intervene and for Immediate Access to Names of Jurors in the...
