MEMORANDUM AND ORDER REAGAN, District Judge. Plaintiffs Cyril B. Korte and Jane E. Korte (husband and wife) are equal shareholders who together own a controlling interest in Plaintiff Korte & Luitjohan Contractors, Inc., a secular, for-profit construction business. 1 On October 9, 2012, the three Plaintiffs filed a complaint for declaratory judgment and injunctive relief regarding whether they have to comply with the Preventive Health Services coverage provision in the Women's Health...
MEMORANDUM AND ORDER HERNDON, Chief Judge: Before the Court is defendant Brett L. Nash's motion in limine regarding marital communications (Doc. 29). At issue here is whether the Court should apply the marital communications privilege to communications between defendant Brett L. Nash and his wife, Tanya Nash. For the reasons that follow, the Court finds that the privilege does not apply, and therefore, the Court denies defendant's motion in limine (Doc. 29). I. Background On February 23,...
MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on defendants' motion to dismiss (Doc. 26). Plaintiffs filed a response (Doc. 60) to which defendants replied (Doc. 61). For the following reasons the Court grants in part and denies in part defendants' motion to dismiss. BACKGROUND This case consists of substantially the same facts as Cima v. WellPoint Health Networks, Inc., No. 05-cv-4127, a case previously before this Court. Drawing the facts from...
MEMORANDUM AND ORDER HERNDON, Chief Judge. I. Introduction and Background Now before the Court is defendants' motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(1) (Doc. 19) and their memorandum in support of that motion (Doc. 20), arguing that plaintiff does not have standing to bring its complaint. Plaintiff opposes the motion by contending that it does have Article III standing under the Constitution and that prudential standing limitations do not bar its complaint. For...
MEMORANDUM AND ORDER REAGAN, District Judge. In April 2012, Richard Graham filed an 8-count complaint against St. John's United Methodist Church ("St. John's"), The Illinois Great Rivers Conference of the United Methodist Church ("IGRC") and Reverend Sheryl Palmer ("Palmer"). Graham alleges violations of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 12101, et seq.; the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 203(d); the Illinois Wage and Collection Act ("IWPCA"),...
MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on the Unopposed Motion for Final Approval of Settlement (Doc. 321), and Class Counsel's Motion for an Award of Attorneys' Fees and Expenses from the Common Fund. (Doc. 308). The parties ask the Court to dismiss with prejudice all claims asserted by the Settlement Class against the Defendants and permanently enjoin any Class Member who has not opted out from bringing any proceeding in any Court based on...
MEMORANDUM AND ORDER REAGAN, District Judge: A. Procedural Overview Six months ago, two insurance companies filed a legal malpractice suit in this Court against a law firm (Sandberg, Phoenix and Von Gontard, P.C.) and two lawyers from the firm (Keith Phoenix and Wylie Blair). The complaint alleged that ACE American Insurance Company and Federal Insurance Company issued liability insurance policies to Safariland, LLC, that Safariland was the named defendant in a state court products...
MEMORANDUM AND ORDER WILLIAMS, United States Magistrate Judge. I. Introduction Before the Court is Defendants' Motion for Summary Judgment and Supporting Memorandum (Doc. 77). Specifically, Defendants seek summary judgment on all the claims of Plaintiffs Peggy Pierce, Isaac Turner, Marcus Luster, and Dennis Traiteur, Jr. Plaintiff Dennis Traiteur, Jr. has filed a Response (Docs. 79, 80, & 81) in opposition to the summary judgment. Plaintiff Peggy Pierce has also filed a Response in...
MEMORANDUM AND ORDER HERNDON, Chief Judge: I. INTRODUCTION Pending before the Court are the defendants' motions for summary judgment pursuant to FEDERAL RULE OF CIVIL PROCEDURE 56 (Docs. 113, 114). Defendant Phoenix Seating Systems, LLC (Phoenix), requests summary judgment as to plaintiffs' strict liability claims, Counts I and II (Doc. 114), while defendant Apria Healthcare Group, Inc. (Apria), requests summary judgment as to plaintiffs' negligence claims, Counts III and IV (Doc. 113)....
MEMORANDUM & ORDER DAVID R. HERNDON, Chief District Judge. Before the Court is defendant Brandon Price's motion for immediate release based upon retroactive application of sentencing guidelines (Doc. 70). On July 31, 2012, defendant filed his motion, requesting the Court to reduce his sentence pursuant to 18 U.S.C. 3582(c), U.S.S.G. 2D1.1, as revised effective November 1, 2011, and Dorsey v. United States, 132 S.Ct. 2321 (2011). The government agrees that defendant is entitled to a...
MEMORANDUM & ORDER DAVID R. HERNDON, Chief District Judge. I. INTRODUCTION The issue before the Court is the determination of whether complete diversity exists among the parties to the instant controversy under 28 U.S.C. 1332, as the Court is obligated to raise sua sponte whether it has subject matter jurisdiction over this case. See Craig v. Ontario Corp., 543 F.3d 872 , 875 (7th Cir. 2008) (citing Sadat v. Mertes, 615 F.2d 1176 , 1188 (7th Cir. 1980) (stating, "it has been...
MEMORANDUM and ORDER DAVID R. HERNDON, Chief District Judge. Pending before the Court is Chesnut's motion to vacate her conviction and sentence pursuant to 28 U.S.C. 2255 (Doc. 1). Based on the following, the Court summarily dismisses Chesnut's petition. On August 5, 2008, a grand jury indicted Yulanda Chesnut for possession with the intent to distribute cocaine base in violation of 21 U.S.C. 841(a)(1) and 841(b)(1)(B)(iii) and for distribution of cocaine base in violation of 21 U.S.C....
MEMORANDUM & ORDER DAVID R. HERNDON, Chief Judge. This matter is before the Court on petitioner Arthur Runnels' motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. 2255. For the following reasons, petitioner's petition is summarily DENIED as untimely. On November 15, 2005, petitioner was indicted under 18 U.S.C. 922(g)(1), as he knowingly possessed a firearm and had previously been convicted of Aggravated Battery, a felony punishable by imprisonment for a term...
MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on plaintiff Donald E. Karch's motion for a temporary restraining order (Doc. 1). In keeping with its responsibility to liberally construe pro se pleadings, the Court construed plaintiff's complaint (Doc. 1) as a motion for a temporary restraining order. Defendants Roger Mulch and Cissy Brown filed a response in opposition to the motion for a temporary restraining order (Doc. 26). The Court held an...
ORDER ON DISCOVERY DISPUTES DONALD G. WILKERSON, Magistrate Judge. On July 17, 2012, the Court held an in-person discovery dispute conference. The Court requested briefs from Plaintiff Moultrie and Defendant Penn Aluminum International LLC on four outstanding discovery disputes. Plaintiff submits a Brief in Support of Motion to Compel Production of Documents (Doc. 118). Penn Aluminum filed a Brief in Opposition to Plaintiff's Motion to Compel (Doc. 117). BACKGROUND On June 11, 2011,...
ORDER DAVID R. HERNDON, Chief District Judge. Pending before the Court is Madden's petition under 28 U.S.C. 2255 to vacate, set aside or correct sentence (Doc. 1). On March 5, 2010, Madden pleaded guilty to one count of drug conspiracy in violation of 21 U.S.C. 841(a)(1), (846) and on June 11, 2010, the Court sentenced Madden to a term of 96 months in prison. Thereafter, Madden timely appealed. On March 10, 2011, the Seventh Circuit Court of Appeals allowed Madden's counsel on appeal to...
MEMORANDUM & ORDER DAVID R. HERNDON, Chief District Judge. This matter is before the Court on petitioner's motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. 2255. Petitioner pled guilty to possession of child pornography in violation of 18 U.S.C. 2252(a)(4)(B), on January 26, 2011. On May 6, 2011, the Court sentenced petitioner to 60 months imprisonment, to be followed by a ten year term of supervised release (10-cr-30119, Doc. 39). Petitioner did not directly...
MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on petitioner Richard D. Wrolen's appeal of the Court's July 23, 2012, judgment dismissing his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. 2255, an unauthorized second or successive petition, for lack of jurisdiction (Doc. 3). The Court construes the notice of appeal to contain a motion for a certificate of appealability. See Ouska v. Cahill-Masching, 246 F.3d 1036 ,...
MEMORANDUM AND ORDER MICHAEL J. REAGAN, District Judge. I. Introduction A jury trial commenced in this consolidated action on May 8, 2012, and concluded on June 1, 2012. On June 11, the Court provided the parties with a draft Judgment, allowing them until June 18 to object to the form of the Judgment (Doc. 486). On June 18, Defendant ConAgra Foods, Inc., filed its Objection to the Court's form of Judgment (Doc. 490). Among ConAgra's proposed amendments was the addition of Paragraph 9: "...
MEMORANDUM AND ORDER G. PATRICK MURPHY, District Judge. This matter is before the Court on Petitioner Tabitha Robinson's motion under 28 U.S.C. 2255 to vacate, set aside, or correct sentence. Petitioner's motion is based primarily on a claim of ineffective assistance of counsel during plea negotiations. The Government responded to the Petitioner's motion as ordered by this Court. For the reasons set forth below, the Petitioner's motion is denied. FACTUAL BACKGROUND On October 28, 2008,...
