OPINION SUE E. MYERSCOUGH , District Judge . This cause is before the Court on the Motion to Remand (d/e 4) filed by Plaintiffs Julie A. Swanson, individually and mother and next of friend of Madison Swanson, Joan A. Elmore, and Robert G. Elmore. Because removal was timely, Plaintiffs' Motion to Remand is DENIED. I. BACKGROUND In May 2019, Plaintiffs filed a Complaint in the Circuit Court for the Seventh Judicial Circuit, Sangamon County, Springfield, Illinois, against Defendants Murray...
OPINION SUE E. MYERSCOUGH , U.S. District Judge : This cause is before the Court on the Motion to Dismiss for Improper Venue (d/e 52) filed by Defendant Fiserv Solutions, LLC. Because venue is improper, Defendant's Motion to Dismiss is GRANTED. I. BACKGROUND In December 2017, Plaintiff Mantissa Corporation filed this patent infringement action against Great American Bancorp, Inc. and First Federal Savings Bank of Champaign-Urbana. Thereafter, on May 10, 2019, Plaintiff filed a Corrected...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on Plaintiff Jerry Biggart's Motion to Compel (d/e 26) (Motion). For the reasons set forth below, the Motion is ALLOWED in part and DENIED in part. BACKGROUND Plaintiff Jerry Biggart brings this diversity action against Defendant Vibra Hospital of Springfield, LLC, (Hospital) for damages arising from alleged negligent care while he was a patient at the Hospital's facility in Springfield, Illinois, from...
OPINION CONFIRMING SALE SUE E. MYERSCOUGH , District Judge . The U.S. Marshal has been appointed by the Court to sell property at issue in this case. The U.S. Marshal reports that the property has been sold in accordance with terms previously set forth by the Court. The Court, having reviewed the relevant materials, finds as follows: 1. The common address and legal description of the real estate at issue is: 1718 E. 1316th St., Fowler, Illinois 62338 Lots Numbered Six (6) and Seven (7),...
OPINION SUE E. MYERSCOUGH , District Judge . This cause is before the Court on Defendant James Joshua Thompson's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. 2255 By a Person in Federal Custody (" 2255 Motion") (d/e 31). Under Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts, this Court must promptly examine the motion. If it appears from the motion and any attached exhibits that the petitioner is not entitled to...
OPINION RICHARD MILLS , District Judge . This is a consolidated action. Each party has moved for summary judgment. The Court now considers the Motion of Plaintiffs Individual Advocacy Group, Mary B. Valencia, as the Independent Administrator of the Estate of A.D., and B.A. for Summary Judgment as to the liability of Defendant City of Springfield. 1 Those Plaintiffs incorporate and rely upon Plaintiff United States of America's Motion for Summary Judgment on liability, which the Court...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . This matter is before the Court on Defendants' Motions to Dismiss (Docs. 10, 17). Plaintiff has filed Responses (Docs. 21, 22) and Defendants filed a Reply (Doc. 26) with leave of the Court. At the Court's direction (Doc. 29), both sides filed supplemental briefing addressing altered circumstances which had occurred during the prior briefing. (Docs. 30, 31). 1 The Court does not believe a valid request for oral argument has been...
ORDER JAMES E. SHADID , District Judge . This matter is now before the Court on a Report and Recommendation from Magistrate Judge Hawley. Doc. 18. More than 14 days have elapsed since the filing of the Report and Recommendation, and no objections have been made. See 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b); Lockert v. Faulkner, 843 F.2d 1015 (7th Cir. 1988); Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538 , 539 (7th Cir. 1986). As the parties have not presented timely...
Report and Recommendation JONATHAN E. HAWLEY , Magistrate Judge . Now before the Court is the Plaintiff's Motion for Summary Judgment (Doc. 13) and the Defendant's Motion for Summary Affirmance (Doc. 17). This matter has been referred for a report and recommendation. The Motions are fully briefed, and for the reasons stated herein, the Court recommends the Plaintiff's Motion for Summary Judgment be denied and the Defendant's Motion for Summary Affirmance be granted. 1 I Annmarie M....
OPINION RICHARD MILLS , District Judge . Petitioner Michael R. Walker has filed a petition under 28 U.S.C. 2254 for a writ of habeas corpus. Pending also is the Respondent's motion to dismiss. On May 31, 2018, in the Circuit Court of Sangamon County, Illinois, the Petitioner was convicted of two counts of predatory sexual assault of a child and two counts of aggravated criminal sexual abuse. Following the trial, the Petitioner moved for substitution of the judge. He appealed the...
ORDER SARA DARROW , Chief District Judge . Plaintiff Otis C. filed an application for supplemental security income. The Commissioner of the Social Security Administration ("the Commissioner") denied his application, and Otis seeks judicial review of this decision pursuant to 42 U.S.C. 405(g). See Compl., ECF No. 1. Before the Court are Otis's Motion for Summary Judgment, ECF No. 9, the Commissioner's Motion for Summary Affirmance, ECF No. 11, and United States Magistrate Judge...
ORDER AND OPINION JAMES E. SHADID , District Judge . This matter is now before the Court on the Court's September 17, 2019 Order to Show Cause, and Plaintiff's Response (Doc. 3) thereto; the U.S. Bank Defendants' Motion (Doc. 8) to Dismiss for Lack of Jurisdiction, and Plaintiff's Response (Doc. 12) thereto; Plaintiffs' Motions (Docs. 11, 20) for Leave to Amend Complaint, and Defendants' Responses (Docs. 13, 22) thereto; and the Wells Fargo Defendants' Motion (Doc. 17) to Dismiss, and...
OPINION RICHARD MILLS , District Judge . Pending is the Defendant's motion for summary judgment as to Count IV of Plaintiffs' Third Amended Complaint. I. INTRODUCTION The only remaining count in this case is Count IV of the Plaintiffs' Third Amended Complaint. Count IV is a breach of contract claim by Plaintiffs St. John's Hospital, Patricia Fugate and Robert Fugate, as assignees, against Defendant National Guardian Risk Retention Group, Inc. ("National Guardian"). The Plaintiffs allege...
ORDER AND OPINION JAMES E. SHADID , District Judge . This matter is now before the Court on two motions for summary judgment. Defendants Alternatives for the Older Adult and Katie Judge filed a Motion for Summary Judgment (D. 63 1 ) and a Memorandum in Support (D. 63-8). Defendant Darren Gault filed a separate Motion for Summary Judgment (D. 64) and a Supplement Brief in Support (D. 64-1). Plaintiff Alice Hipes filed a Response (D. 66, D. 67) to each motion and Defendants filed a Reply (D....
OPINION RICHARD MILLS , District Judge . Defendant Pete Green filed a Motion to Suppress. United States Magistrate Judge Tom Schanzle-Haskins has entered a Report and Recommendation, wherein he recommends that the motion be denied. Pursuant to 28 U.S.C. 636(b)(1), Federal Rule of Civil Procedure 72(b)(2) and Local Rule 72.2, the Defendant has filed objections to the magistrate judge's Report and Recommendation. Upon reviewing the entire record, the Court concludes no hearing is...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . This matter is before the Court on Defendants' Motion in limine #1 and #2 (Doc. 182). In Motion in limine #1, Defendants seek to bar Plaintiff using or relying upon any purported admissions arising from the requests to admit which Plaintiff allegedly failed to properly serve. In Motion in limine #2, Defendants seek to bar any evidence or testimony about claims which have previously been decided by the Court and jury and...
ORDER RICHARD MILLS , District Judge . Pending is the Motion of Defendant Prairie State Bank and Trust for Rule 37 Sanctions. United States Magistrate Judge Tom Schanzle-Haskins has entered a Report and Recommendation, wherein he recommends that the Defendant's motion be allowed and this matter dismissed with prejudice as a sanction for Plaintiff's failure to comply with the Court's Text Order entered on October 17, 2019 and the Scheduling Order entered November 21, 2019. The Court...
REPORT AND RECOMMENDATION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court for a Report and Recommendation on Defendant Prairie State Bank and Trust's (Bank) Motion for Rule 37 Sanctions (d/e 20) (Motion). The Bank filed this Motion on January 22, 2020. The Bank served pro se Plaintiff Joyce Bender by mail on January 22, 2020. Motion , at 4 Certificate of Service . The Bank has asked the Court to dismiss this action as a sanction against Bender for her...
OPINION RICHARD MILLS , United States District Judge : This is a consolidated action, wherein each party has moved for summary judgment. The Court now considers the Motion of Plaintiff United States of America for Summary Judgment on liability and Defendant City of Springfield's Motion for Summary Judgment on the issues of jurisdiction, civil penalties and damages. I. INTRODUCTION Plaintiffs filed this case when Defendant City of Springfield ("the City") refused to grant a zoning permit...
OPINION SUE E. MYERSCOUGH , U.S. District Judge . This cause is before the Court on Defendant Antonio Sherrod's Motion Requesting Post-Conviction DNA Testing Pursuant to 18 U.S.C. 3600 ("Defendant's Motion") (d/e 130). For the reasons stated below, Defendant's Motion is GRANTED. The Court appoints the Federal Public Defender Office as counsel for the Defendant pursuant to 18 U.S.C. 3600(b)(3) for the purposes of coordinating the DNA testing. The Court ORDERS Defendant to file...
