Fleming v. Livingston County Illinois et al
| Roger Fleming |
| Livingston County Illinois, Robert . McCarty, Jeff Hamilton, David . Turner, Lance Scudder, Tony Childress and Craig Luckman |
| 1:2008cv01174 |
| July 18, 2008 |
| US District Court for the Central District of Illinois |
| Civil Rights: Other Office |
| Livingston |
| John A. Gorman |
| Joe Billy McDade |
| None |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
98
ORDER Entered by Judge Joe Billy McDade on 12/15/10.Pursuant to the terms of the Stipulation, the Petition for Attorneys Fees 49 is DISMISSED WITH PREJUDICE, thereby terminating this matter with respect to Plaintiff and the Medical Defendants. Acco rdingly, Plaintiffs Motion for Leave to File a Memorandum of Additional Authority 56 , the Medical Defendants Motion for Leave to File a Reply 57 , and Plaintiffs Motion to Stay Ruling Pending Settlement Discussions 95 are rendered MOOT. IT IS SO ORDERED. (SM, ilcd)
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Filing
40
ORDER Entered by Judge Joe Billy McDade on 3/4/09 granting in part and denying in part 28 Motion to Dismiss: FOR THE REASONS STATED ABOVE, the Healthcare Defendants' Rule 12(b)(6) motion is GRANTED IN PART AND DENIED IN PART. The motion is den ied to the extent that it seeks dismissal of Plaintiff's section 1983 claims regarding a denial of necessary medical care. The motion is granted to the extent it seeks dismissal of Plaintiff's supplemental state law claims of medical or hea ling art malpractice. Accordingly, the supplemental state law claims of medical or healing art malpractice, set forth in the Amended Complaint, are hereby DISMISSED WITHOUT PREJUDICE. Plaintiff is allowed until the close of business of April 30, 2009 ( Amended Pleadings due by 4/30/2009.)to amend his complaint to include state law malpractice claims that are supported by an affidavit compliant with 735 Ill. Comp. Stat. 5/2-622. (TK, ilcd)
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