MEMORANDUM OPINION AND ORDER GABRIEL A. FUENTES , Magistrate Judge . This matter is before the magistrate judge on consent. (D.E. 10, 12.) This order imposes a protocol for the depositions of medical professionals or treatment providers in the current environment, which includes a public health emergency amid community spread of COVID-19. Introduction This is an action sounding in negligence. It is before the Court on defendant Walmart, Inc.'s notice of removal, the basis for federal...
ORDER JOHN J. THARP, JR. , District Judge . For the reasons set forth in the Statement below, the Court grants the defendant's motion to dismiss [43]. The plaintiff does not have a constitutional right to file a habeas corpus petition in the state court of his choosing. For this and other reasons set forth in the Statement below, the complaint is dismissed with prejudice. All other pending motions are denied as moot. Enter Final Judgment. Case terminated. STATEMENT Plaintiff Peter...
MEMORANDUM OPINION AND ORDER GARY FEINERMAN , District Judge . NPF Racing Stables, LLC, a horse racing company, brought this diversity suit against Yesenia Aguirre, Al Fenix Inc., Rancho el Fenix Inc., Benjamin Hernandez, Hector Rodriguez, Carla Llerenas, Jose Luis Davila Campos, Jose Jesus Valenzuela, Cesar Cano, and David Arquimidez Huicochea-Silva, alleging that Aguirre defrauded, embezzled from, and breached her fiduciary duties to NPF while she was its CEO, and that after NPF manager...
MEMORANDUM OPINION AND ORDER MARY M. ROWLAND , District Judge . Plaintiffs Tawanna and Anthony Ware ("the Wares") filed a class action suit against Samsung Electronics America, Inc. and Samsung Electronics Co. ("Samsung") alleging violations of the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505/1, et seq. and claims of unjust enrichment. Before this Court is Defendants' motion to dismiss Plaintiffs' Corrected Second Amended Class Action Complaint ("CSA...
MEMORANDUM OPINION AND ORDER JOHN J. THARP, JR. , District Judge . Warren Shafford, an inmate at Dixon Correctional Facility, tore his right pectoralis major tendon while lifting weights. Mr. Shafford brings this case under 42 U.S.C. 1983, alleging deliberate indifference to his medical needs against four individual defendants at Dixon: one IDOC employee, Nurse Lynn Chattic, and three Wexford employees, Nurse Elizabeth Wirth, Physician's Assistant Irene Dyer, and Dr. Jill Wahl. Mr....
MEMORANDUM OPINION AND ORDER GARY FEINERMAN , District Judge . In this diversity suit against C. R. Bard, Inc. and Bard Peripheral Vascular, Inc. (together, "Bard"), Irene Baker brings state law claims in connection with a Bard Inferior Vena Cava ("IVC") filter that was implanted in her body and, contrary to her expectations, remains there to this day. Doc. 1. Bard moves for summary judgment on statute of limitations grounds. Doc. 33. The motion is granted. Background The court recites...
MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY , District Judge : The case involves the City of Chicago's towing and impoundment of vehicles it deems to be abandoned and the City's disposal of impounded vehicles that remain unclaimed by their owners. Andrea Santiago sued the City on behalf of herself and two proposed classes. She asserts claims under 42 U.S.C. 1983 seeking damages for alleged constitutional violations, as well as injunctive and declaratory relief, and claims under...
MEMORANDUM OPINION AND ORDER EDMOND E. CHANG , District Judge . Plaintiff Taras Haliw has sued the Village of South Elgin 1 and four of its police officers, advancing a number of federal and state law claims arising from his allegedly false arrest and prosecution. 2 R. 24, Am. Compl. 3 The Defendants move to dismiss Count 2 (conspiracy) as to all of the Defendants; Count 1 (false arrest) specifically as to Officer Franks; and Count 6 (the respondeat superior claim against the Village)....
MEMORANDUM OPINION and ORDER YOUNG B. KIM , Magistrate Judge . Plaintiffs Hester and Gilbert Mendez, on behalf of themselves and their two minor children, have sued the City of Chicago and multiple police officers alleging that Defendants violated their constitutional rights when executing a search warrant at their home. In the course of discovery, Plaintiffs issued a deposition subpoena to non-party Cook County Circuit Court Judge Charles Burns, who signed the warrant authorizing the...
MEMORANDUM OPINION AND ORDER SUNIL R. HARJANI , Magistrate Judge . Defendants' Motion to Limit Plaintiffs' 404(b) Discovery [ DeLeon-Reyes 303, Solache 197] 1 asks this Court to limit Plaintiffs to no more than five Rule 404(b) witnesses. Doc. [197] at 7. In ruling on this motion, the Court is presented with the question of what limits, if any, should be placed on discovery of Rule 404(b) witnesses in a wrongful conviction case. For the reasons stated below, the Court finds that...
MEMORANDUM OPINION AND ORDER JOHN Z. LEE , District Judge . Quintez Parks, an African-American man, has sued the Phillip Rock Center and School ("Rock Center"). Invoking Title VII of the Civil Rights Act ("Title VII"), 42 U.S.C. 2000e et seq., Parks accuses the Rock Center of gender discrimination (Count I) and race discrimination (Count II). He also alleges that the Rock Center paid him less than similar female employees in violation of the Equal Pay Act ("EPA"), 29 U.S.C. 206(d)(1),...
MEMORANDUM OPINION AND ORDER EDMOND E. CHANG , District Judge . In December 2017, two federal agents and a translator went to the home of Michael and Julia Khomutov in Northfield, Illinois, to interview them about their home health-care company and to execute a search warrant on the residence. See generally R. 36, Defs.' Am. Mot. to Suppress. The Khomutovs now move to suppress their statements to the agents that day, arguing primarily that the statements were involuntary and made during...
MEMORANDUM OPINION AND ORDER GARY FEINERMAN , District Judge . Inland Bank and Trust ("IBT") brought this diversity suit to collect $709,146.58 in allegedly unpaid invoices from Oracle Flexible Packaging, Inc. Doc. 102. After the court denied its Rule 12(b)(2) motion to dismiss, Docs. 39-40 (reported at 2017 WL 3521166 (N.D. Ill. Aug. 15, 2017)), Oracle answered and asserted a set-off affirmative defense, Doc. 104. The court then denied IBT's Rule 12(c) motion for judgment on the defense....
MEMORANDUM OPINION AND ORDER VIRGINIA M. KENDALL , District Judge . Plaintiff Wendell Weaver is an inmate within the Illinois Department of Corrections ("IDOC"). He brings multiple claims under the Eighth Amendment stemming from an allegedly inadequate response in treating his dislocated finger. The Defendants include the prison physicians who treated him, IDOC officials with whom he spoke or to whom he addressed grievances, and the physical therapist he saw after receiving surgery. Each...
MEMORANDUM OPINION AND ORDER ANDREA R. WOOD , District Judge . Plaintiff Willie Clay, a prisoner in the custody of the Illinois Department of Corrections currently incarcerated at Hill Correctional Center, has brought this lawsuit pro se pursuant to 42 U.S.C. 1983, alleging that he was housed in a cell without a working toilet or any toilet paper while he was confined at Stateville Correctional Center ("Stateville") from March 30, 2016 to April 4, 2016. Clay has sued Defendants...
MEMORANDUM OPINION AND ORDER JEFFREY CUMMINGS , Magistrate Judge . Plaintiff Matthew Stanek's brings a motion for protective order to preclude defendants Illinois State Board of Education ("ISBE") and the St. Charles Community Unit School District #303 Board of Education ("BOE") from taking his oral deposition with use of a videographer and to instead require defendants to depose him by written questions pursuant to Federal Rule of Civil Procedure 31. Plaintiff (hereinafter, "Matthew")...
PROTECTIVE ORDER GOVERNING DISCOVERY LISA A. JENSEN , 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...
MEMORANDUM, OPINION & ORDER VIRGINIA M. KENDALL , District Judge . The motions to dismiss [22] in Case 19-cv-1791, [20] in Case 19-cv-2457, and [27] in Case 19-cv-3282 are granted. Each of the eight above-captioned cases are dismissed with prejudice due to Plaintiff's perpetration of fraud upon the Court. The Clerk is directed to enter final judgment in each case and close each case. All other pending motions in all above-captioned cases are terminated as moot. All eight cases are...
MEMORANDUM OPINION AND ORDER VIRGINIA M. KENDALL , District Judge . Presently before the Court is Plaintiff Malika Coleman's Motion to Alter Judgment pursuant to Federal Rule of Procedure 59(e). For the following reasons, Coleman's Motion to Alter Judgment (Dkt. 47) is denied. BACKGROUND The facts of this case have been discussed by this Court previously in its Memorandum Opinion and Order granting Defendants' Motion to Dismiss. (Dkt. 45). The Court provides only a brief summary here....
MEMORANDUM OPINION AND ORDER SHARON JOHNSON COLEMAN , District Judge . The defendant, Javonte Stokes, is charged with being a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). Stokes moves to suppress the evidence obtained during a search of his person, which arose out of a traffic stop on July 7, 2019. For the following reasons, the Court denies Stokes' motion [22]. Background Unless specifically stated, the parties do not dispute the following facts. On July 7,...
