LEAD CONSOLIDATED CASE MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . This Court currently has 129 cases, involving approximately 698 plaintiffs, pending on its docket directly related to the Depakote litigation. The first cases were filed in state court in 2010 and removed to federal court on January 18, 2012. (Doc. 1). 1 Cases continue to be filed each month with the last case being filed, as of the date of this Order, on August 18, 2016. See Spano et al., v. Abbott...
CASE COORDINATION ORDER DAVID R. HERNDON , District Judge . On June 9, 2016, the Court held a status conference in Davis v. Combe Incorporated, et al. (3:16-cv-169 — hereinafter "Davis"), Lindsey, et al. v. Combe Incorporated, et al. (3:16-cv-223 — hereinafter "Lindsey"), Martin, et al. v. Combe Incorporated, et al. (3:16-cv-227 — hereinafter "Martin"), Brownlee, et al. v. Combe Incorporated, et al. (3:16-cv-228 — hereinafter "Brownlee"), Brim, et al. v. Combe Incorporated, et al....
REPORT AND RECOMMENDATION DONALD G. WILKERSON , Magistrate Judge . This matter has been referred to United States Magistrate Judge Donald G. Wilkerson by Senior United States District Judge J. Phil Gilbert 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 Motion to Dismiss, or, in the Alternative, Motion for Summary Judgment filed by Defendants, Captain Joseph and John Lakin, on October 10, 2016 (Doc. 22)....
ORDER DAVID R. HERNDON , District Judge . This matter comes before the Court on plaintiff Jeffrey P. Burcham's motion to stay briefing on arbitration pending appeal of the order denying his motion to remand (Doc. 25). Defendant, Ford Motor Credit Company LLC opposes the motion on the ground that the plaintiff has neither attempted nor demonstrated requisite circumstances warranting a stay of briefing (Doc. 26). For the following reasons, the Court DENIES the plaintiff's motion. I....
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . On May 10, 2016, Plaintiff Charles Dent filed a motion for preliminary injunction while he was an inmate housed at the Big Muddy River Correctional Center (Doc. 11). A week later, an Order was entered pursuant to 28 U.S.C. 1915A setting forth Dent's claim: a single count of retaliation against each Defendant related to Dent's grievances and attempts to expose corruption within the internal affairs division at the Big Muddy...
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . Currently pending before the Court are the motions for summary judgment on the issue of exhaustion filed by Defendants Vipin Shah and Wexford Health Sources, Inc. (Doc. 27) and Jacqueline Lashbrook (Doc. 30). The Court has determined there are no material facts in dispute and therefore the motion can be resolved without a hearing pursuant to Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008). For the reasons set forth below, the...
MEMORANDUM AND ORDER MICHAEL J. REAGAN , District Judge . I. Introduction This case, initiated in March 2015, concerns the validity of an agreement between the parties regarding Tax Increment Financing dollars ("TIF Funds") generated by the construction of a Dollar General Store in Coulterville, Illinois. In September 2016 this Court granted summary judgment in favor of the Plaintiffs (Docs. 102, 103). The grant of summary judgment was premised upon a number of complex findings about the...
MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . Before the Court are Plaintiff Nationwide Advantage Mortgage Company's ("NAMC") and Defendant MidCountry Bank's ("MidCountry") cross motions for summary judgment (Docs. 41 and 47). For the following reasons, NAMC's motion is GRANTED and MidCountry's motion is DENIED. Background Between December 2006 and January 2007, NAMC and MidCountry entered into a Correspondent Lender Purchase Agreement ("CLPA") pursuant to which...
ORDER MICHAEL J. REAGAN , District Judge . This case is before the Court after numerous attempts on behalf of the Internal Revenue Service ("IRS"), the United States of America ("the Government"), and a magistrate judge of this Court to secure the cooperation of Respondent Jonas J. Delagrange in certain IRS proceedings. Most recently, the Court became aware of the potential need for a stay in this matter in light of the Respondent's initiation of bankruptcy proceedings. The United States...
ORDER DONALD G. WILKERSON , Magistrate Judge . Now pending before the Court are the following motions filed by Plaintiff, Kenji L. Haley: 1. Notice to All Parties (Motion to Confirm Filings) (Doc. 82); 2. Motion for the Appointment of Counsel (Doc. 88); 3. Motion for Reception of Documents (Doc. 89); 4. Motion to Extend Time for Amended Complaint (Doc. 108); 5. Request for the Plaintiff's Admissions be Admitted against Defendant Dennis Larson, M.D. (Doc. 109); 6. Request for the...
MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . On August 7, 2016, Plaintiff Gerald Cheaves filed this action against Defendant Crounse Corporation alleging violations of the Jones Act, 46 U.S.C. 688, and general maritime law claims (Doc. 1). Pending before the Court is the Parties' Joint Motion to Transfer Venue (Doc. 8) in which the parties request that the Court transfer this case to the District Court for the Western District of Tennessee, Eastern Division, pursuant to 28 U....
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on Defendant's Motion (Doc. 14) to Dismiss Plaintiffs' Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The Plaintiffs filed a timely response (Doc. 24). 1. Background. According to the complaint, plaintiff Timothy Owens was employed by the defendant as a facilities manager in 2012. In 2014, Mr. Owens was placed on leave in accordance with the Family and Medical Leave Act ("FMLA")...
MEMORANDUM and ORDER J. PHIL GILBERT , District Judge . In accordance with 42 U.S.C. 405(g), plaintiff Susan L. Spriggs seeks judicial review of the final agency decision denying her application for Disability Insurance Benefits (DIB) pursuant to 42 U.S.C. 423. Procedural History Plaintiff applied for DIB in April 2012, alleging disability beginning on August 29, 2011. After holding an evidentiary hearing, ALJ Paul R. Armstrong denied the application in a written decision dated...
ORDER DONALD G. WILKERSON , Magistrate Judge . Plaintiff, an inmate currently housed at the Hill Correctional Center, is alleging one count of deliberate indifferent to his medical needs related to a fall at the Menard Correctional Center in June 2014. On October 19, 2015, a Scheduling Order was entered setting the discovery deadline for October 7, 2016 (Doc. 51). Defendants filed motions for summary judgment on exhaustion, which suspended discovery on the merits until their resolution on...
MEMORANDUM AND ORDER MICHAEL J. REAGAN , Chief District Judge . Plaintiff Mark Simpson was injured while working as a locomotive engineer on a freight train for Defendant CSX Transportation, Inc. He filed a two-count complaint, bringing claims under the Federal Employer's Liability Act (Count I) and the Federal Safety Appliance Act (Count II). In Count I, Simpson alleges that negligence by CSX caused his injuries. Simpson makes several allegations of negligence by CSX, including, in...
MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . Introduction Now before the Court is Pinnacle Foods Group, LLC's motion to dismiss (Doc. 11). Plaintiff opposes the motion (Doc. 18). Based on the following, the Court denies the motion to dismiss. On August 8, 2016, Diane Biffar, individually and on behalf of all others similarly-situated, filed a class action complaint against Pinnacle Foods Group, LLC ("Pinnacle") (Doc. 1). Biffar alleges that Pinnacle labels its Duncan Hines...
MEMORANDUM AND ORDER STACI M. YANDLE , District Judge . On July 7, 2016, Plaintiffs Cheyenne Buneta and Terry Buneta filed this action in the Circuit Court of St. Clair County, Illinois seeking damages against Defendants Fairmont City, Illinois, Teresa Suarez (the "Fairmont City Defendants"), Rojas Vega, Francisco Barajas, Panlino Rosas, and Miroslava Juarezde Barajas (Doc. 1-1). Plaintiffs alleged constitutional law violations against the Fairmont City Defendants and a sole state law...
QUALIFIED PROTECTIVE ORDER DONALD G. WILKERSON , Magistrate Judge . Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and 45 C.F.R. 164.512(e)(1), the Court finds good cause for the issuance of a qualified protective order and ORDERS as follows: 1. The parties and their attorneys are hereby authorized to receive, subpoena and transmit "protected health information" pertaining to Plaintiff to the extent and subject to the conditions outlined herein. 2. For the purposes of...
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . On September 6, 2016, the Court granted Defendant's Motion to Dismiss for Failure to State a Claim and dismissed this action with prejudice. (Doc. 44.) Federal Rule of Civil Procedure 54(d) states: "[u]nless a federal statute, these rules, or a court order provides otherwise, costs—other than attorney's fees—should be allowed to the prevailing party." FED. R. CIV. P. 54. When the Court entered the Order dismissing the claims...
MEMORANDUM and ORDER DAVID R. HERNDON , District Judge . Now before the Court is a letter from Barnes which the Court construes as a motion to amend her guideline calculation (Doc. 225). Barnes asks the Court to amend her guideline sentence as she "was not a major/leadership role. I'm requesting that the courts [sic] consider me for a minor role reduction of one, two or three levels — based on my level in the criminal activity." Based on the following, the Court dismisses for want of...
