OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on Plaintiff James A. Gristy's Motion for Attorney's Fees (d/e 22) (Motion) and the parties' Stipulation for Attorney's Fees Pursuant to Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412 (d/e 23) (Stipulation). The parties have consented, pursuant to 28 U.S.C. 636(c), to proceed before this Court. Consent to Proceed Before a United States Magistrate Judge, and Order of Reference entered...
Order JONATHAN E. HAWLEY , Magistrate Judge . Before the Court are the Plaintiff's motion for extension of time (D. 152) and the Defendants' motion to compel and for sanctions (D. 149). For the reasons stated, infra , Plaintiff's motion for extension of time is GRANTED, and the Defendants' motion to compel and for sanctions is MOOT. The parties are well aware of the ongoing discovery issues in this case. In an effort to move discovery along, on August 21, 2017, the Court directed the...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . This matter is before the Court on a Motion for Summary Judgment filed by the Defendants, Biaggi's Inc. and Biaggi's Ristorante Italiano L.L.C. (collectively referred to as "Biaggi's"). The motion has been fully briefed and is ready for decision. For the reasons stated below, Biaggi's' Motion for Summary Judgment (Doc. 42) is DENIED. UNDISPUTED MATERIAL FACTS 1 Plaintiff Casey Fralick is a former server at Biaggi's in Peoria,...
ORDER MICHAEL M. MIHM , District Judge . On October 2, 2017, and continuing through October 4, 2017, this matter came before the Court for a bench trial on Plaintiff Christopher Young's ("Young" or "Plaintiff") claims against Defendant Andrew Tilden, M.D. ("Tilden"), Paul Blackwell ("Blackwell"), Clint Ramsey ("Ramsey"), Robert Rapp ("Rapp"), Kristina Skeens ("Skeens"), and Jeff Stahl ("Stahl"). Prior to the presentation of evidence, Young dismissed his Excessive Force and Deliberate...
OPINION Richard Mills , United States District Judge . This case is about the First Amendment and attorney's fees. Let us start at the beginning. I. INTRODUCTION The Plaintiffs-Don Norton and Karen Otterson-challenged the constitutionality of 131.06(e) of the City of Springfield Municipal Code, an ordinance that made it "unlawful to engage in an act of panhandling in the downtown historic district" of Springfield. The Plaintiffs asserted the ordinance was a content-based regulation...
ORDER & OPINION JOE BILLY McDADE , Senior District Judge . The matter is before the Court on Motions to Dismiss the Second Amended Complaint filed by Olivia Radcliff-Tish, Correctional Healthcare Companies, Inc., and Correct Care Solutions, Inc. (the "Medical Defendants") (Doc. 34) and Corrections Superintendent Brian Asbell, Morgan Hanse, Stan Kester, Peoria County Sheriff Michael McCoy, Alex Michel, Michael Smith, and Peoria County (the "Correctional Defendants") (Doc. 42). The motions...
OPINION SUE E. MYERSCOUGH , District Judge . This matter is before the Court on Petitioner Spencer Harris' Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 (d/e 1). Under Rule 4(b) 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, any attached exhibits, and the record of prior proceedings that Petitioner is not entitled to relief, the Court must...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on Plaintiffs Motion to Compel Additional Deposition Time and Costs in Response to Improper and Obstructive Objections; Expedited Ruling Requested (d/e 160) (Motion). On November 30, 2017, Plaintiffs took the personal deposition of Ted Lindenbusch, Plant Manager of the Edwards Power Plant operated by Illinois Power. Plaintiffs will also depose Lindenbusch as a representative of Illinois Power in a Rule 30(...
OPINION RICHARD MILLS , District Judge . This is an action wherein Plaintiff Teresa Johnson alleges violations of the Telephone Consumer Protection Act, 47 U.S.C. 227 et seq. Defendant PNC Financial Services Group, Inc. has moved to dismiss for insufficient service of process, pursuant to Rule 12(b)(5) of the Federal Rules of Civil Procedure. The motion to dismiss is denied. Here's why. The Plaintiff's complaint was filed on April 10, 2017 and, on April 12, 2017, the Court issued a...
ORDER APPROVING MAGISTRATE JUDGE RECOMMENDATION COLIN S. BRUCE , District Judge . On November 28, 2017, a Report and Recommendation (#22) was filed by United States Magistrate Judge Eric I. Long in the above cause. More than fourteen (14) days have elapsed and no objections have been made. This court therefore accepts the recommendation of the Magistrate Judge. Accordingly, the defendant's plea of guilty is accepted by the Court and the defendant is adjudged guilty. The Court orders that...
REPORT AND RECOMMENDATION CONCERNING PLEA OF GUILTY TOM SCHANZLE-HASKINS , Magistrate Judge . The United States of America and the Defendant having both filed a written consent, appeared before me pursuant to Rule 11, Fed. R. Crim. P. and CDIL Rule 72.1(A)(24). The Defendant entered a plea of guilty to Counts 1 through 8 of the Superseding Indictment. After cautioning and examining the Defendant under oath concerning each of the subjects mentioned in Rule 11, I determined that the guilty...
ORDER AND OPINION JAMES E. SHADID , Chief District Judge . Now before the Court is Defendant's Motion [31] for Summary Judgment as to Plaintiff Laura Broadstone. For the reasons set forth below, Defendant's Motion [31] is GRANTED in part and DENIED in part. BACKGROUND 1 Defendant, Sherman's Place, Inc. ("Sherman's"), is a corporation in the business of selling appliances, electronics, furniture, and mattresses. Sherman's has stores in Peoria, Normal, and Peru, Illinois. Plaintiff,...
Order JAMES E. SHADID , Chief District Judge . The Court has reviewed the parties' agreed Stipulation for Attorney Fees. (D. 17). 1 The Court hereby awards the Plaintiff, Cynthia R. Langel, $7,750.00 (seven thousand seven hundred fifty dollars and zero cents) for attorney fees and $0 (zero dollars) for costs in full satisfaction of any and all claims the Plaintiff may have under the Equal Access to Justice Act, 28 U.S.C. 2412 ("EAJA"). The award fully and completely satisfies any and...
Order and Opinion JONATHAN E. HAWLEY , Magistrate Judge . Now before the Court is the Plaintiff Shaun Kostka's Motion for Summary Judgment (Doc. 11) and the Commissioner's Motion for Summary Affirmance (Doc. 15). 1 For the reasons stated herein, the Court GRANTS the Plaintiff's Motion for Summary Judgment, DENIES the Commissioner's Motion for Summary Affirmance, and REMANDS this matter for proceedings consistent with this opinion. 2 I Kostka previously filed applications for disability...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on the parties' Joint Motion for Remand and for Further Proceedings Pursuant to Sentence Four of 42 U.S.C. 405(g) (d/e 18) (Motion). The parties consented to proceed before this Court. Consent to the Exercise of Jurisdiction by a United States Magistrate Judge and Reference Order entered August 22, 2017 (d/e 16) . The Motion Court will allow the Motion. THEREFORE, Joint Motion for Remand and for...
ORDER JOE BILLY McDADE , Senior District Judge . This matter is before the Court upon the "Plaintiff's Request For Clerk's Entry Of Default Judgment Against Defendant Vic Construction & Roofing Inc." (Doc. 18) in which the Plaintiff, The Auto Club Group, asks the Court to enter an order of default judgment against Vic Construction & Roofing Inc. pursuant to Federal Rule of Civil Procedure 55(b) in the amount of $109,336.12, plus interest, delay damages, and for other such relief as the...
ORDER SUE E. MYERSCOUGH , District Judge . This matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Tom Schanzle-Haskins (d/e 15). Judge Schanzle-Haskins recommends that this Court GRANT Defendant Commissioner of Social Security's Motion for Summary Affirmance (d/e 13), DENY Plaintiff Floyd Gipson's Motion for Summary Judgment (d/e 10), and affirm the decision of the Defendant Commissioner. Objections to the Report and Recommendation were due...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . This matter comes before the Court on the People of the State of Illinois (Illinois) Motion to Quash Plaintiff's Subpoena(s) (d/e 42). For the reasons set forth below, the Motion is DENIED. BACKGROUND Plaintiff Curtis Lovelace was charged with murdering his wife Cory Lovelace. He was tried twice in Illinois state court. The first trial ended in a mistrial because the jury could not reach a unanimous verdict. The jury in the second trial...
ORDER SUE E. MYERSCOUGH , District Judge . This matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Tom Schanzle-Haskins (d/e 15). Judge Schanzle-Haskins recommends that this Court DENY IN PART Defendant Camelot Care Centers, Inc.'s Motion to Dismiss Plaintiff's Complaint but sanction Plaintiff Carla Kuntz and her counsel for failure to comply with the Scheduling Order and failure to comply with the discovery process in this case. On November 9,...
OPINION TOM SCHANZLE-HASKINS , Magistrate Judge . Pending before the Court are Plaintiff's Motion to Disqualify Defense Counsel (d/e 36) (Motion 36) filed by Plaintiff Ali Naqvi, and Defendants' Motion for a Protective Order (d/e 45) (Motion 45) filed by Defendants Illinois Health and Science (IHS); Decatur Memorial Hospital (DMH); Zevacor Molecular; Zevacor Pharma, Inc. n/k/a Global Isotopes, LLC (Pharma); Board of Directors of IHS; Board of Directors of DMH; Timothy D. Stone, Jr; Roy...
