REPORT AND RECOMMENDATION DONALD G. WILKERSON , Magistrate Judge . This matter has been referred to United States Magistrate Judge Donald G. Wilkerson by United States District Judge Nancy J. Rosenstengel pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72(b), and SDIL-LR 72.1(a) for a Report and Recommendation on the question of whether Plaintiff exhausted his administrative remedies prior to filing this lawsuit, as required by the Prison Litigation Reform Act, 28 U.S....
REPORT AND RECOMMENDATION PHILIP M. FRAZIER , Magistrate Judge . Before the Court is defendants' motion for summary judgment on the issue of exhaustion (Doc. No. 28). Plaintiff Edward Moore is challenging the conditions of his confinement at Menard Correctional Center, alleging that he was deprived of a liberty interest without due process of law (Count 1) and exposed to unsanitary living conditions (Count 4). This motion targets the Eighth Amendment claim, Count 4. Defendants Robert...
ORDER DAVID R. HERNDON , District Judge . I. INTRODUCTION The above captioned matters are before the Court for purposes of (1) addressing the defendants' (Syngenta Biotechnology, Inc., Syngenta Corporation, Syngenta Crop Protection, LLC, Syngenta Seeds, Inc.) (collectively, "Syngenta") 1 identical motions for Extension of Time to File Response/Reply and for Consolidated Complaint and (2) docket control. II. BACKGROUND The above captioned actions were removed as mass actions under the...
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 86) of Magistrate Judge Philip M. Frazier recommending that the Court grant defendant Wexford Health Services, Inc.'s motion to dismiss (Doc. 38). The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de...
REPORT AND RECOMMENDATION PHILIP M. FRAZIER , Magistrate Judge . Before the Court is defendant's motion to dismiss (Doc. No. 38). Plaintiff Cleve Heidelberg is proceeding against defendant Wexford Health Services as a relator under the False Claims Act. Wexford seeks dismissal on two grounds: that a False Claims Act claim may not be prosecuted by a pro se relator, and that the factual allegations do not satisfy the pleading standard of Rule 9 of the Federal Rules of Civil Procedure. The...
ORDER DAVID R. HERNDON , District Judge . Now before the Court is defendant Aldrin Javier Espinoza's December 28, 2015 motion to continue trial setting of January 11, 2016 (Doc. 58). Defendant states that his counsel needs additional time to prepare for trial. The Government does not object to the motion. The Court being fully advised in the premises finds the parties require additional time to resolve this case. In continuing the trial, the Court notes that one of the defendants, Arturo...
ORDER CLIFFORD J. PROUD , Magistrate Judge . This matter is before the Court on plaintiff's Petition for Attorney's Fees. (Doc. 18). Defendant has not filed a response, and the time for doing so has now expired. Pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412(d)(1)(A), the Court shall award attorney's fees and expenses to a prevailing party in a civil action against the United States, including proceedings for judicial review of agency action, unless the government's...
ORDER DAVID R. HERNDON , District Judge . ORDER GRANTING LEAVE TO WITHDRAW This matter is before the Court Bayer's motion for order to dismiss with prejudice in accord with CMO 79 and counsel's response thereto. Plaintiff's counsel has made a number of filing mistakes that complicate ruling on the motion. The Court first reviews these errors. On November 24, 2015, plaintiff's counsel filed a motion to withdraw as counsel of record (Doc. 10). Ultimately, on December 22, 2015, the Court...
MEMORANDUM and ORDER CLIFFORD J. PROUD , Magistrate Judge . In accordance with 42 U.S.C. 405(g), plaintiff Rose M. Smith, represented by counsel, seeks judicial review of the final agency decision denying her application for Disability Insurance Benefits (DIB) benefits pursuant to 42 U.S.C. 423. Procedural History Ms. Smith applied for benefits in November, 2010, alleging disability beginning on January 12, 2010. (Tr. 14). After holding an evidentiary hearing, ALJ William L. Hafer...
MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . Now before the Court are defendants Johnson & Johnson and Johnson & Johnson Consumer Companies, Inc.'s motion to dismiss for failure to state a claim and alternative motion to strike (Doc. 17). Specifically, defendants move for dismissal of plaintiff's complaint pursuant to FEDERAL RULE OF CIVIL PROCEDURE 12(b)(1), 12(b)(6) and 12(b)(9). Naturally, plaintiff opposes the motion, arguing defendants' motion lacks merit, and that...
ORDER DAVID R. HERNDON , District Judge . Having been advised by counsel for the parties that the above action has been settled but that additional time is needed to consummate settlement, the Court DIRECTS the Clerk of the Court to enter judgment of dismissal with prejudice and without costs 60 days from the date of this Order. Should the parties fail to consummate settlement within 60 days, they may petition the Court to delay entry of judgment until a later date. In light of the...
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the motion for summary judgment filed by defendants City of Vandalia and Jerry Bowling (Doc. 15). Plaintiff Michael Halford has responded to the motion (Doc. 18), and the defendants have replied to that response (Doc. 20). I. Summary Judgment Standard Summary judgment must be granted "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to...
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 61) of Magistrate Judge Philip M. Frazier recommending that the Court grant the defendants' motions for summary judgment (Docs. 47 & 50) and dismiss plaintiff Patrick Tullis's claims because he failed to exhaust his administrative remedies before filing suit. Tullis has objected to the Report (Doc. 62), and defendants Dr. Vipin K. Shah and Dr Arthur...
MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . Plaintiff Eric Decker brings this action against Defendants Madison County Sheriff's Office, Madison County Government, and the Madison County Sheriff alleging violations pursuant to 42 U.S.C. 1983 and Title VII of the Civil Rights Act of 1964, as amended by 42 U.S.C. 2000e et seq. ( see Doc. 2). Defendants move for summary judgment (Doc. 39). The Court has carefully considered the briefs and evidence submitted by the parties...
CASE MANAGEMENT ORDER NO. 96 ADOPTING SPECIAL MASTER'S REPORT AND RECOMMENDATION REGARDING THE DISTRIBUTION OF SURPLUS FUNDS DAVID R. HERNDON , District Judge . On December 15, 2015, the Special Master's Report and Recommendation Regarding the Distribution of Surplus Funds was docketed (Doc. 694). Parties were allowed until December 22, 2015 to file any objections (Doc. 694). The time for responding has passed and no objections have been filed. Accordingly, after reviewing the Special...
ORDER GRANTING DISMISSAL WITHOUT PREJUDICE DAVID R. HERNDON , District Judge . This matter is before the Court on Defendant's (Bayer HealthCare Pharmaceuticals Inc.) motions for an order dismissing the above captioned plaintiffs' claims without prejudice for failure to file an appearance as required by this Court's Order and Local Rule 83.1(g)(2). In each of the above captioned cases, the Court granted a motion to withdraw filed by counsel. The orders granting leave to withdraw expressly...
MEMORANDUM AND ORDER DONALD G. WILKERSON , Magistrate Judge . This matter is before the Court on Plaintiff's Motion for Recruitment of Counsel. (Doc. 48). The Motion is GRANTED. Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647 , 649 (7th Cir. 2007); Zarnes v. Rhodes, 64 F.3d 285 , 288 (7 th Cir. 1995). Under 28 U.S.C. 1915(e)(1), however, this Court has discretion to recruit counsel to represent indigents in appropriate...
ORDER DAVID R. HERNDON , District Judge . I. INTRODUCTION Now before the Court is plaintiff's motion to remand (Doc. 48). Defendant Cotrell, Inc. filed an opposition to the motion and plaintiff filed a reply (Docs. 49 & 50). Also pending are two of the defendants' motions to dismiss (Doc. 21 and Doc. 34) and plaintiff's motion to strike (Doc. 44). Plaintiff incorporates his responses to the pending motions to dismiss to the subject motion. Based on the following, the Court GRANTS the...
ORDER DAVID R. HERNDON , District Judge . Plaintiff filed suit pursuant to 42 U.S.C. 1983 and Illinois common law alleging that the defendants violated the Due Process and Equal Protection clauses and are liable for defamation. Plaintiff's claims are premised on the allegation that he was improperly forced to register as a sex offender in the State of Illinois. On November 30, 2015, the Court entered an order granting the defendants' motion for summary judgment (Doc. 58) and judgment...
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on plaintiff Craig Charles' motion for reconsideration (Doc. 92) of its April 28, 2015, order (Doc. 79) affirming Magistrate Judge Philip M. Frazier's order allowing defendant Christine Brown to amend her answer (Doc. 75). He claims Brown committed fraud to convince the Court to allow her to amend her answer to his retaliation claim by stating that she would submit to discovery on that claim. In...
