REPORT AND RECOMMENDATION IAIN D. JOHNSTON , Magistrate Judge . On 11/8/2018 during a regularly-scheduled status hearing, plaintiff Darian Stevenson participated by telephone from the Dixon Correctional Center, and spent his time yelling over the phone and then abruptly ended the hearing by walking away from the phone and failing to participate further. The incident was similar to what assigned counsel experienced during a trip to meet with the plaintiff at the Dixon Correctional Center,...
PROTECTIVE ORDER GOVERNING DISCOVERY IAIN D. JOHNSTON , Magistrate Judge . Upon the agreed motion of the government, pursuant to Fed. R. Crim. P. 16(d) and 18 U.S.C. 3771(a)(1) and (8), it is hereby ORDERED: 1. All of the materials provided by the United States in preparation for, or in connection with, any stage of the proceedings in this case (collectively, "the materials") are subject to this protective order and may be used by defendant and defendant's counsel (defined as counsel of...
PROTECTIVE ORDER GOVERNING DISCOVERY IAIN D. JOHNSTON , Magistrate Judge . Upon the unopposed motion of the government, pursuant to Fed. R. Crim. P. 16(d), it is hereby ORDERED: 1. All of the materials provided by the United States in preparation for, or in connection with, any stage of the proceedings in this case (collectively, "the materials") are subject to this protective order and may be used by defendant and defendant's counsel (defined as counsel of record in this case) solely in...
MEMORANDUM OPINION AND ORDER RUB N CASTILLO , Chief District Judge . Plaintiffs David Callahan ("Callahan") and Heine Heininger ("Heininger") filed this putative class action against the DuPage County State's Attorney's Office investigator Cheryl York, DuPage County State's Attorney Robert Berlin ("Berlin") in his official capacity, and the County of DuPage, following York's seizure of certain psychotherapy records. Before the Court is Defendants' Motion to Dismiss. (R. 10, Defs.' Mot.)...
MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY , District Judge . Lawrence Wert, Richard Kincaid, and James Myers, all shareholders of Ditto Holdings, Inc., sued members of Ditto Holdings' board of directors and its general counsel Stuart Cohn in connection with alleged mismanagement, fraud, and concealment of the company's finances and operations. Plaintiffs allege that they invested additional funds and retained their initial investments in Ditto based on defendants'...
MEMORANDUM OPINION AND ORDER GARY FEINERMAN , District Judge . Laqisha Boswell brings this pro se suit against her former employer, Envoy Air, Inc., under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., and 42 U.S.C. 1981, alleging that she was denied a promotion and ultimately terminated due to her race and color and in retaliation for complaining about discrimination. Doc. 14. Envoy moves for summary judgment. Doc. 66. The motion is granted. Background The...
MEMORANDUM OPINION AND ORDER Honorable Edmond E. Chang , United States District Judge . Under the Illinois Biometric Privacy Act, a private entity cannot collect or store certain kinds of biometric information, including face-geometry scans, without first obtaining consent or providing certain disclosures. 740 ILCS 14/1 et seq. Plaintiffs Lindabeth Rivera and Joseph Weiss both allege that Google unlawfully collected, stored, and exploited their face-geometry scans via Google Photos, a...
MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR. , District Judge . For the reasons stated below, Plaintiff's second amended petition to revive judgment [142] is granted in part and denied in part. Plaintiff's May 9, 2003 judgment against Defendant Veselik is revived in the original amount of $1,400,000 (with Veselik to be credited at least $168,012.52 and perhaps as much as $290,762.52 in the event that Plaintiff attempts to collect additional amounts in supplemental proceedings or...
MOTION FOR ENTRY OF DEFAULT AND JUDGMENT AND FOR AN ORDER DIRECTING DEFENDANT TO OBTAIN A WAGE AND WELFARE BOND OR CASH BOND JOHN J. THARP, JR. , District Judge . NOW COME Plaintiffs, by their attorneys, and move for entry of judgment by default against Defendant, LAW EXCAVATING, INC., an Illinois corporation, in the total amount of $1,882.58, plus Plaintiffs' court costs and reasonable attorneys' fees in the amount of $1,818.25. Plaintiffs move for an order directing Defendant, LAW...
PLAINTIFFS' MOTION FOR ENTRY OF FINAL JUDGMENT ON COUNTS II, III, IV, V, VI, AND VII ELAINE E. BUCKLO , District Judge . Plaintiffs, Atkore International Group, Inc. ("AIGI"), Atkore International, Inc. ("Atkore") and Allied Tube & Conduit Corporation ("Allied") (collectively "Plaintiffs"), through their attorneys, Segal McCambridge Singer & Mahoney, Ltd., move this Court per Federal Rule of Civil Procedure 54(b) for Entry of Final Judgment on Counts II, III, IV, V, VI, and VII, as...
MEMORANDUM OPINION AND ORDER IAIN D. JOHNSTON , Magistrate Judge . This appeal and the resulting remand would have been unnecessary if the administrative law judge would have simply marshalled the evidence from the medical record and testimony at the hearing and applied those facts to the regulatory requirements in making the determination that claimant failed to meet a listing. Instead, the administrative law judge made the critical determination in this case with a single, cursory, one-...
MEMORANDUM OPINION AND ORDER GARY FEINERMAN , District Judge . Clarence Wood alleges that a collection letter he received from Allied Interstate, LLC violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. 1692 et seq., and the Illinois Collection Agency Act ("ICAA"), 225 ILCS 425/9. Doc. 1. The court denied Allied's motion to dismiss under Civil Rule 12(b)(6). Docs. 49-50 (reported at 2018 WL 2967061 (N.D. Ill. June 13, 2018)). With discovery closed, Allied moves for...
MEMORANDUM OPINION AND ORDER SHARON JOHNSON COLEMAN , District Judge . The plaintiff, Medline Industries, Inc. ("Medline"), brought this action alleging that defendant C.R. Bard, Inc. ("Bard"), infringed on United States patents number 9,283,352 ("the '352 patent"), 8,746,452 ("the '452 patent"), and 9,522,753 ("the '753 patent"), all of which concern Medline's design for urinary catheter trays. Bard sells a competing catheter tray, which Medline alleges infringes on the design of its own...
MEMORANDUM OPINION AND ORDER ANDREA R. WOOD , District Judge . Petitioner John Hall, who is currently serving a prison sentence at Menard Correctional Center, brings this habeas corpus action pursuant to 28 U.S.C. 2254 challenging his 2008 convictions for murder, arson, and concealment of a homicidal death from the Circuit Court for the Twelfth Judicial Circuit Court, Will County, Illinois. Hall's habeas corpus petition raises a variety of arguments, including: (1) the evidence was...
MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR. , District Judge . Plaintiff Jill Mehrberg ("Plaintiff") has sued Defendant State of Illinois ("the State") for violations of the Americans with Disability Act, 42 U.S.C. 12112, et seq. (Count I); the Age Discrimination in Employment Act, 29 U.S.C. 621, et seq. (Count II); and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. (Count III). Currently before the Court is Defendant's motion to dismiss [9] Plaintiff's...
MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR. , District Judge . For the reasons stated below, the Court grants both Defendant's motion to dismiss Counts II and III of Plaintiff's Third Amended Complaint [67] and Plaintiff's motion for leave to file a sur-reply [78]. The case is set for further status on January 10, 2019 at 9:00 a.m. I. Background 1 The full background of this case is set forth in the Court's previous opinions, knowledge of which is assumed here. See [29]; [62]. In...
MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY , District Judge . Alisa Levin and her law firm Levin Law, Ltd. (collectively Levin) have sued Paul Abramson for defamation. Abramson has moved to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, and failure to state a claim upon which relief may be granted. For the reasons stated below, the Court denies Abramson's motion. Facts For purposes of the present motion, the Court takes the facts from the...
MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY , District Judge . CSX Transportation, Inc., a rail carrier, has sued Robert Olesiak and Five Star Enterprise of Illinois, Inc., a shipping company Olesiak owns. In count 1 of its amended complaint, CSX alleges that the defendants failed to pay $183,107 in outstanding interstate rail freight charges. In count 2, CSX alleges Olesiak fraudulently induced CSX to enter into a credit agreement with an insolvent company, MT Logistics Inc., by...
MEMORANDUM OPINION AND ORDER SHARON JOHNSON COLEMAN , District Judge . Plaintiff Dorette Brownlee filed this suit against Defendant Hospira, Inc. asserting that Hospira discriminated against her the basis of her race and color and retaliated against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq. ("Title VII") and 42 U.S.C. 1981. Hospira moves for summary judgment in its favor on all counts. For the reasons stated herein, that motion is denied [...
MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY , District Judge . CSX Transportation, Inc., a rail carrier, has sued Robert Olesiak and Five Star Enterprise of Illinois, Inc., a shipping company Olesiak owns. In count 1 of its amended complaint, CSX alleges that the defendants failed to pay $183,107 in outstanding interstate rail freight charges. In count 2, CSX alleges Olesiak fraudulently induced CSX to enter into a credit agreement with an insolvent company, MT Logistics Inc., by...
