MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Jeremy Venson sued Chicago Police Officers Lazaro Altamirano, Christoph E. Jania, and John D. O'Keefe (the "Officers"), and the City of Chicago (collectively, "Defendants") for false arrest, illegal search, and malicious prosecution under 42 U.S.C. 1983. 1 (R. 1, Compl.) After a four-day trial, the jury returned a verdict in favor of Defendants on all counts. Presently before the Court are three post-trial motions by Venson: (...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Lorianne Mihelic ("Plaintiff) brings this action pursuant to 42 U.S.C. 1983 ("Section 1983"), against Will County, Illinois ("County"), Paul J. Kaupas, the Will County Sheriff ("Kaupus"), the Will County Sheriffs Police, Will County Deputy Sheriffs 1 Brett Schaeffer, Joel Swanson, Robert Austin, Daniel Beck, Joseph Boers, Scott Glomb, Brian Hickey, Steven Hunter, Christopher McCleverty, Brian O'Leary, (collectively, "Will County...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Byron Brown ("Brown" or "Plaintiff") 1 brings this action pursuant to 42 U.S.C. 1983 ("Section 1983") against Cook County Sheriff Thomas Dart, Superintendent of Cook County Jail Michael Miller, Executive Director of Cook County Jail Salvador Godinez, and Corrections Officer First Name Unknown (FNU) Allen, in their official and individual capacities, and Cook County. (R. 5, Am. Compl.) Presently before the Court is a motion to...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. JF Enterprises, LLC, brings this diversity action against Fifth Third Bank, alleging state law claims for breach of the covenant of good faith and fair dealing, negligence, negligent misrepresentation, and fraudulent misrepresentation. (R. 1, Compl.) Presently before the Court are Fifth Third's motions to dismiss the fraudulent misrepresentation claim under Federal Rule of Civil Procedure 9(b), to strike JF Enterprises' jury...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Plaintiff Stanley Fernandes sues JP Morgan Chase Bank, N.A. ("Chase"), successor in interest from the Federal Deposit Insurance Corporation, as receiver for Washington Mutual Bank, and the Federal Deposit Insurance Corporation ("FDIC"). Fernandes seeks the rescission of a home equity line of credit and statutory damages for violations of the Truth in Lending Act, 15 U.S.C. 1601 et seq. ("TILA"), and its implementing regulations,...
MEMORANDUM OPINION AND ORDER WILLIAM J. HIBBLER, District Judge. Plaintiff Little Lady Foods brought this action against its insurer, Houston Casualty Company ("HC"), seeking a declaratory judgment that it is entitled to coverage under its policy with HC, and alleging breach of contract and breach of the implied covenant of good faith and fair dealing. The Court's jurisdiction is based on the diversity of the citizenship of the parties under 28 U.S.C. 1332. The parties have filed cross-...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. John Ibarra brings this action pursuant to 42 U.S.C. 1983 and 1985(3) against the City of Chicago, Officers Michael Hillman and Daniel McDonald, Sergeants Shawn Joyce and Barbara Sydel, and John and Jane Doe Officers and Supervisors, (collectively, "Chicago Police Defendants"), and Matthew Pritzker, alleging that the Chicago Police Defendants violated his constitutional rights. (R. 23, Am. Compl.) Currently pending before the...
MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. Plaintiff Angela Kent brings suit against her former employer, Defendant City of Chicago (the "City"). Before the Court is the City's Motion for Summary Judgment. Kent filed a Second Amended Complaint on April 12, 2010, alleging a violation of the Equal Pay Act, 29 U.S.C. 206(d) ("EPA") (Count I), and violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e ("Title VII") based on sex discrimination (Count II)...
MEMORANDUM OPINION AND ORDER REBECCA R. PALLMEYER, District Judge. Plaintiff Michael Tillman served nearly 24 years in prison for a July 1986 rape and murder before his conviction was vacated and the charges dismissed by a Cook County Special Prosecutor in January 2010. He received a certificate of innocence from the Circuit Court of Cook County in February 2010. Tillman brings a host of claims against the police officers, police supervisors, and prosecutors involved in his arrest,...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Thomas A. Simonian, brings this qui tam action against MeadWestvaco Corporation, alleging that MeadWestvaco falsely marked certain products with an expired patent in violation of 35 U.S.C. 292 ("Section 292"). (R. 26, First Am. Compl. 1.) MeadWestvaco moves to dismiss Simonian's first amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (R. 27, Def.'s Mot. Dismiss.) For the reasons stated below,...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Danny L. Johnson brings this action against a former officer of the Cook County Adult Probation Office, Thomas Root, alleging violations of state and federal law. (R. 1, Compl.) Presently before the Court is Root's motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1). (R. 15, Root's Mot.) For the reasons stated below, Root's motion is granted in part and denied in part. RELEVANT FACTS On July 3,...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Milena Jovic and Zivka Mijic bring this putative class action on behalf of themselves and all others similarly situated (collectively, "Plaintiffs"), against L-3 Services, Inc. ("L-3"). 1 (R. 26, Second Am. Compl.) Plaintiffs allege violations of the law of nations actionable under the Alien Torts Statute ("ATS"), 28 U.S.C. 1350. ( Id. ) Presently before the Court is L-3's motion to dismiss under Rules 12(b)(2) and 12(b)(3) of...
MEMORANDUM OPINION AND ORDER WILLIAM J. HIBBLER, District Judge. Plaintiffs bring this suit against their former employer, Group O, alleging violations of Title VII of the Civil Rights Act, 42 U.S.C. 2000e. Both plaintiffs claim Group O unlawfully terminated them in retaliation for engaging in protected conduct. Plaintiff Hamilton also claims that her termination constituted sex discrimination and sets forth a hostile work environment claim. Defendant now moves for summary judgment on...
MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. On June 15, 2009, Plaintiff Darrel Smith filed a complaint against Lyondell Chemical Company ("Lyondell"), Equistar Chemicals, LP ("Equistar"), and two individual Defendants, James Bianchetta and Denise Bray. In a letter dated July 7, 2009, Lyondell notified Smith that Lyondell and Equistar had filed for bankruptcy and that Smith's complaint was in violation of the Bankruptcy Code's automatic stay. On July 15, 2009, Smith...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Denise Trimble brings this suit against Alliance-DeKalb/Rock-Tenn Company ("Company") alleging racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. (R. 1, Compl.) Presently before the Court is the Company's motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. (R. 28, Def.'s Mot.) For the reasons stated below, the Company's...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Johnny Lee Wilson filed this civil rights action against Dr. Evaristo Aguinaldo, Nurse Kenlyn Groze, Correctional Medical Technician (CMT) Robert Cattaneo, and Lieutenant Michael Lemke (collectively "Defendants"), under 42 U.S.C. 1983, alleging violations of the Eighth Amendment. (R. 36, Am. Compl.) Presently before the Court are Defendants' motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (R. 37,...
MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Gerald George, Cathy Dunn, and Timothy Streff bring this class action on behalf of themselves and all other similarly situated persons (collectively, "Plaintiffs"), against Kraft Foods Global, Inc. ("Kraft Global"), Kraft Foods, Inc. ("Kraft"), Kraft Foods Global, Inc. Management Committee of Employee Benefits ("Kraft Employee Benefits Committee"), Kraft Foods Global, Inc. Administrative Committee ("Kraft Administrative Committee"),...
MEMORANDUM OPINION AND ORDER WILLIAM J. HIBBLER, District Judge. Plaintiff Stacey Fletcher brought this case, a putative class action, against the servicer of her mortgage, OneWest Bank, FSB. 1 Fletcher's claims that OneWest mishandled her application for a mortgage loan modification pursuant to the federal government's Home Affordable Modification Program (HAMP). She alleges breach of contract, promissory estoppel, and a violation of the Illinois Consumer Fraud and Deceptive Business...
STATEMENT JOHN A. NORDBERG, District Judge. Introduction Plaintiff Thomas Janusz was arrested on drug charges on December 6, 2001. The charges were later dropped after the state court judge found no probable cause for the arrest. Janusz then filed this case, asserting claims under 1983 and state law for false arrest, abuse of process, conspiracy, and malicious prosecution. This case went through a long period of discovery in part because Janusz first tried a related civil case in state...
MEMORANDUM OPINION AND ORDER ROBERT W. GETTLEMAN, District Judge. Plaintiff JoAnn Kuhr has filed an amended complaint against the Board of Education for the City of Chicago alleging discrimination in violation of the Age Discrimination in Employment Act, 29 U.S.C. 621 et seq., ("ADEA"). Defendant has moved for summary judgment. For the following the reasons, the court grants defendant's motion. BACKGROUND 1 On August 9, 2006, plaintiff interviewed for an open librarian position at...
