Eaton et al v. Treto
| Gareld Eaton and Robert Bruno |
| Acting Secretary Mario Treto and Mario Treto, Jr. |
| 1:2022cv01182 |
| May 26, 2022 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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| Filing 18 NOTICE of Voluntary Dismissal by Robert Bruno. (Mannlein, Melinda) |
| Remark: Civil Case Terminated pursuant to #18 NOTICE of Voluntary Dismissal. (JS) |
TEXT ONLY ORDER: This case was inadvertently closed as to all parties based on Plaintiff Robert Bruno's #18 Notice of Dismissal with Prejudice, which by its terms dismisses the suit with prejudice only as to Mr. Bruno. The Clerk is directed to REOPEN the case as Plaintiff Gerald Eaton. Plaintiff Robert Bruno's claims remain terminated with prejudice. Entered by Judge Michael M. Mihm on 7/22/2022. (JS)
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TEXT ONLY ORDER DENYING Defendant's Motion to Seal (ECF No. 11) as moot. Plaintiffs have confirmed that they do not object to the documents subject to Defendant's Motion to Seal being public (ECF No. 14), and Defendant has now publicly filed the documents it moved to file under seal. Accordingly, Defendant's Motion for Leave to File Documents under Seal #11 is DENIED as moot. Entered by Judge Michael M. Mihm on 6/27/2022. (VH)
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| Minute Entry for proceedings held before Judge Michael M. Mihm: Motion Hearing held 6/22/2022 in Courtroom A in Peoria. Plaintiffs appear by Atty Melinda Mannlein present in person and Atty Ben Stelter-Embry via video. Defendant appears by Attys R. Douglas Rees and Richard Huszagh present in person. #17 Motion for Leave to appear Pro Hac Vice and to Participate Remotely is GRANTED. Oral arguments by the parties re #5 Plaintiffs Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Court DENIES #5 Motion for reasons as stated on the record. Written Order to enter. The courts ruling is not final until the written Order is entered. (Court Reporter JJ.) (AH) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice and to participate remotely by Plaintiffs Robert Bruno, Gareld Eaton. Responses due by 7/5/2022 (Attachments: #1 Exhibit 1: Application for Admission)(Mannlein, Melinda) |
| Filing 16 REPLY to Response to Motion re #5 Emergency MOTION for Temporary Restraining Order filed by Plaintiffs Robert Bruno, Gareld Eaton. (Mannlein, Melinda) |
| Filing 15 NOTICE of Appearance of Attorney by Richard Scott Huszagh on behalf of Mario Treto, Jr (Huszagh, Richard) |
| Filing 14 RESPONSE to Motion re #11 MOTION for Leave to File Document Under Seal filed by Plaintiffs Robert Bruno, Gareld Eaton. (Mannlein, Melinda) |
| Filing 13 RESPONSE to Motion re #5 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendant Mario Treto, Jr. (Attachments: #1 Exhibit 1, Walsh Declaration, #2 Exhibit 2, IL S.Ct consolidation order, #3 Exhibit 3, circuit court consolidation order, #4 Exhibit 4, remand for corrective lotteries, #5 Exhibit 5, order lifting stay on licenses, #6 Exhibit 6, Finch Mem.Op. & Order, #7 Exhibit 7, Houston Affidavit, #8 Exhibit 8, Leung Declaration, #9 Exhibit 9, Lopez Declaration)(Rees, R.) |
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TEXT ONLY ORDER entered by Judge Michael M. Mihm on 6/13/2022. Pending before the Court is Defendant's Motion to Seal (ECF No. 11). Defendant explains that he has included certain information regarding Plaintiff's dispensary application that may be deemed confidential under Illinois law. Defendant represents that he attempted to confer with Plaintiffs' counsel to determine if Plaintiffs have any objection to the declaration and its contents being included in the public record. Plaintiffs' counsel apparently did not respond to Defendant's phone and email inquiries. As Defendant notes, there is a strong presumption that information be publicly available. After a brief review of Defendant's filing, the Court is inclined to find that there the information is not so sensitive as to required it be withheld from the public. It is also Plaintiffs who have created the public interest in this information through the filing of this lawsuit. However, the Court will allow Plaintiffs' counsel to respond. Plaintiffs' Counsel is ORDERED to respond whether Plaintiffs have any objection to Defendant filing his brief (ECF No. 12) and exhibits on the public docket on or before June 16, 2022. (VH)
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| Filing 12 +++ SEALED DOCUMENT.. (Attachments: #1 Exhibit Walsh Declaration (sealed), #2 Exhibit IL S. Ct. Rule 384 Order, #3 Exhibit Consolidation Order, #4 Exhibit Lottery Remand Order, #5 Exhibit Order Lifting Stay, #6 Exhibit Finch Mem. Op. & Order, #7 Exhibit Houston Affidavit, #8 Exhibit Leung Declaration, #9 Exhibit Lopez Declaration)(Rees, R.) |
| Filing 11 MOTION for Leave to File Document Under Seal by Defendant Mario Treto, Jr. Responses due by 6/24/2022 (Rees, R.) |
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Filing 10
AGREED SCHEDULING ORDER entered by Judge Michael M. Mihm on 6/1/2022. IT IS HEREBY ORDERED AS FOLLOWS:1. Plaintiffs' Motion for Leave to File Excess Pages #8 is granted.2. Defendant may file a response to Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction #5 by June 10, 2022. Defendant is excused from the default page limits in Local Rule 7.1(B)(4) and is allowed to file up to 35 pages for his response brief.3. Plaintiffs may file a reply brief by June 17, 2022.4. The hearing on Plaintiffs' motion set for June 2, 2022, is VACATED and RESET for June 22, 2022, at 1:00 p.m. in Courtroom B in Peoria. See full written Order(VH)
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| Filing 9 NOTICE of Appearance of Attorney by R. Douglas Rees on behalf of All Defendants (Rees, R.) |
| Filing 8 MOTION for Leave to File Excess Pages re Document 6 by Plaintiffs Robert Bruno, Gareld Eaton. Responses due by 6/10/2022 (Attachments: #1 Memorandum in Support)(Mannlein, Melinda) |
| Filing 7 CERTIFICATE of Service/Counsel re #6 Memorandum, #1 Complaint, #5 Emergency MOTION for Temporary Restraining Order by Melinda L Mannlein on behalf of Robert Bruno, Gareld Eaton (Mannlein, Melinda) |
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ORDER Setting Hearing on Motion #5 Emergency MOTION for Temporary Restraining Order : Motion Hearing set for 6/2/2022 at 01:00 PM in Courtroom B in Peoria before Judge Michael M. Mihm. Defendant is directed to file his Response to #5 by 6/1/2022 at 3:00 p.m. Entered by Judge Michael M. Mihm on 5/27/2022. (MDB)
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| Filing 6 MEMORANDUM in Support re #5 Emergency MOTION for Temporary Restraining Order by Robert Bruno, Gareld Eaton. (Mannlein, Melinda) |
| Filing 5 Emergency MOTION for Temporary Restraining Order by Plaintiffs Robert Bruno, Gareld Eaton. Responses due by 6/9/2022 (Attachments: #1 Affidavit Exhibit 1: Affidavit of Gareld Eaton, #2 Affidavit Exhibit 2: Affidavit of Robert Bruno)(Mannlein, Melinda) |
| Filing 4 NOTICE of Appearance of Attorney by Melinda L Mannlein on behalf of Robert Bruno, Gareld Eaton (Mannlein, Melinda) |
| Filing 3 Designation of Lead Counsel by Melinda L Mannlein on behalf of Robert Bruno, Gareld Eaton. (Mannlein, Melinda) |
| Filing 2 CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Robert Bruno, Gareld Eaton. (Mannlein, Melinda) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Mario Treto ( Filing fee $ 402 receipt number AILCDC-3949183.), filed by Gareld Eaton, Robert Bruno. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet)(Mannlein, Melinda) |
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