MEMORANDUM & ORDER STIEHL, District Judge: In this action, plaintiff Fairmount Park, Inc. seeks a declaratory judgment that defendant Travelers Indemnity Company must defend and indemnify plaintiff pursuant to two insurance policies in a matter filed with the Illinois Pollution Control Board. Now before the Court is defendant's motion for summary judgment (Doc. 44), to which plaintiff has filed a response (Doc. 49) and defendant a reply (Doc. 51). The Court finds that it has subject-matter...
ORDER STIEHL, District Judge: Petitioner Jeffrey Wayne Rush feigned paralysis to obtain a discharge from the United States Army, avoiding deployment to Iraq. He then fraudulently collected disability benefits from the Department of Veteran's Affairs and the Social Security Administration. He used his supposed disability to bring a fraudulent lawsuit against an automobile manufacturer, obtaining a handicapped-equipped van. Petitioner is currently serving a 78-month prison sentence at the...
MEMORANDUM AND ORDER J. PHIL GILBERT, DISTRICT JUDGE This matter comes before the Court on plaintiff Cincinnati Insurance Company's ("CIC") motion for summary judgment (Doc. 29). Defendants William F. Braun Milk Hauling Company ("Braun Milk"), Stephen R. Braun and Amy M. Fasig (collectively "Defendants") filed their responses (Docs. 36 & 37) to which CIC replied (Doc. 38). For the following reasons, the Court grants CIC's motion for summary judgment. 1. Background The facts giving rise to...
MEMORANDUM AND ORDER G. PATRICK MURPHY, District Judge. This matter is before the Court for case management. Previously, the Court conducted a merits review of Plaintiff's claims pursuant to 28 U.S.C. 1915A (Doc. 10). As a result, the Court dismissed one Defendant—Wexford Health Sources, Inc.—from the action, and set Plaintiff's motion for preliminary injunction/temporary restraining order ("TRO") (Doc. 4) for hearing. The Court conducted an evidentiary hearing on that motion for...
ORDER ADOPTING REPORT AND RECOMMENDATION WILLIAM D. STIEHL, District Judge. On August 23, 2013, the United States of America and defendant Jeremy Schooler consented to appear before Magistrate Judge Clifford J. Proud pursuant to Federal Rule of Criminal Procedure 11 and SDIL Rule 72.1(b)(2). At that time, the defendant entered a plea of guilty to Count 1 of the Indictment. On August 23, 2013, Judge Proud submitted a Report recommending that the un-dersigned District Judge accept the plea of...
CASE MANAGEMENT ORDER NUMBER 44 Attendance at September 18, 2013 Discovery Dispute Conference DAVID R. HERNDON, Chief District Judge. As outlined herein, as well as in previous Court orders 1 and at numerous status conferences and hearings, the Court has been frustrated too often by the defendants' failure to follow the orders of the Court regarding the production of discovery documents. In a recent conference with the parties, 2 yet another example of such a failure was revealed to the...
MEMORANDUM AND ORDER MICHAEL J. REAGAN, District Judge. A. INTRODUCTION AND PROCEDURAL OVERVIEW In this lawsuit, a meat processor/distributor sues a warehouse owner/operator for breach of contract and negligence. 1 Plaintiff Cargill Meat Solutions Corporation (Cargill) contracted with Defendant Freezer Refrigerator Storage, Inc., doing business as Polarville Refrigerated Warehouse (Polarville), to store food products in a warehouse in National City, Illinois, within this Judicial...
ORDER DAVID R. HERNDON, District Judge. This matter comes before the Court on the parties' Joint Stipulation for an Award of Attorney's Fees Under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. The Court, having read the stipulation and being duly advised, hereby orders that: Plaintiff be awarded $6,140.00 for attorney fees and expenses under 28 U.S.C. 2412. This award will satisfy all of plaintiff's claims for fees, expenses, and costs under the EAJA. If counsel for the...
ORDER ADOPTING REPORT AND RECOMMENDATION WILLIAM D. STIEHL, District Judge. On August 21, 2013, the United States of America and defendant Cindy Womack consented to appear before Magistrate Judge Clifford J. Proud pursuant to Federal Rule of Criminal Procedure 11 and SDIL Rule 72.1(b)(2). At that time, the defendant entered a plea of guilty to Count 1 of the Indictment. On August 21, 2013, Judge Proud submitted a Report recommending that the un-dersigned District Judge accept the plea of...
REPORT AND RECOMMENDATION CLIFFORD J. PROUD, Magistrate Judge. The United States of America and the Defendant having both filed a written consent, appeared before me pursuant to Federal Rule of Criminal Procedure 11 and SDIL Rule 72.1(b)(2). The Defendant entered a plea of guilty to Count 1 of the Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was knowing and voluntary, and that the...
MEMORANDUM & ORDER DAVID R. HERNDON, Chief District Judge. I. Introduction On April 15, 2004, a jury found petitioner guilty of first degree murder in St. Clair County, Illinois. Petitioner received a fifty year sentence and is currently serving his term at Menard Correctional Center. On January 21, 2011, petitioner filed the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. He raised two different grounds for relief: 1) at trial, he was improperly impeached by...
MEMORANDUM AND ORDER DAVID R. HERNDON, Chief District Judge. On April 3, 2009, the Court sentenced Thomas to 262 months imprisonment with credit for 16 months served on a related state case 07-CV-132 (Doc. 629) and the Clerk of the Court entered Judgment reflecting the same (Doc. 65). On June 14, 2013, Thomas filed a motion to for sentence modification pursuant to 18 U.S.C. 3582(c)(2) and U.S.S.G. Amendment 750 (Doc. 68). The Court appointed counsel to represent Thomas on the issue of a...
MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on Jessica N. Childers' motions as follows: (1) United States v. Childers, Case Number 11-cr-40067-JPG: motions for status (Doc. 88) and downward departure (Doc. 89); (2) Childers v. United States, Case Number 12-cv-648-JPG: motion for status (Doc. 27); and (3) Childers v. United States, Case Number 13-cv-709-JPG: motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255 (Doc. 1)....
MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on defendant Shirley L. Blair's motion for a sentence reduction (Doc. 251). On November 7, 2006, Blair pleaded guilty to conspiracy to manufacture, distribute and possess methamphetamine in an amount exceeding 500 grams in violation of 21 U.S.C. 846. On April 6, 2007, this Court sentenced Blair to 262 months imprisonment, ten years supervised release, a $200.00 fine, and a $100.00 special assessment....
ORDER DAVID R. HERNDON, Chief District Judge. This matter was referred to United States Magistrate Stephen C. Williams for the specific purpose of conducting a change of plea for defendant pursuant to 28 U.S.C. 636 and LOCAL RULE 72.1(b)(2) (Doc. 22). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on August 22, 2013 (Doc. 21). During the change of plea, defendant pled guilty to the sole count of the indictment, possession of an unregistered firearm,...
REPORT AND RECOMMENDATION STEPHEN C. WILLIAMS, Magistrate Judge. The United States of America and the Defendant, having both filed a written consent, appeared before me pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11 and SOUTHERN DISTRICT OF ILLINOIS LOCAL RULE 72.1(b)(2). The Defendant entered a plea of guilty to Count I of the Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was...
ORDER DAVID R. HERNDON, Chief District Judge. This matter was referred to United States Magistrate Judge Stephen C. Williams for the specific purpose of conducting a change of plea for defendant pursuant to 28 U.S.C. 636 and LOCAL RULE 72.1(b)(2) (Doc. 41). Pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11, the change of plea hearing was held on August 22, 2013 (Doc. 50). During the change of plea, defendant pled guilty to Counts I, II and III of the indictment, distribution of cocaine...
ORDER DAVID R. HERNDON, District Judge. Before the Court is parties' stipulation of voluntary dismissal pursuant to Fed. R. Civ. P. 41 (Doc. 29). All parties stipulate that this matter may be dismissed in its entirety. The Court hereby ACKNOWLEDGES said notice and holds that this action is DISMISSED without prejudice. The Clerk is directed to close the file. IT IS SO ORDERED.
MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on petitioner Shirley Blair's motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. 2255 (Doc. 1). For the following reasons, the Court denies Blair's motion. 1. Background On April 27, 2006, Blair was charged in a superseding indictment with conspiracy to manufacture, distribute and possess methamphetamine in an amount exceeding 500 grams in violation of 21 U.S.C 846. See United...
REPORT AND RECOMMENDATION STEPHEN C. WILLIAMS, Magistrate Judge. The United States of America and the Defendant, having both filed a written consent, appeared before me pursuant to FEDERAL RULE OF CRIMINAL PROCEDURE 11 and SOUTHERN DISTRICT OF ILLINOIS LOCAL RULE 72.1(b)(2). The Defendant entered a plea of guilty to Count I, II and III the Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty...
