Savory v. Cannon et al
| Johnnie Lee Savory |
| William Cannon, Sr., Marcella Brown Teplitz, Stefanie Tarr, John Fiers, Charles Edward Bowers, John Stenson, George Pinkney, E. Haynes, Walter Jatkowski, Glen Perkins, Allen Andrews, Harold Marteness, Mary Ann Dunlavey, Carl Tiarks, Unknown Officers of the Peoria Police Department, Dennis Jenkins and City of Peoria Illinois |
| 1:2023cv01184 |
| May 9, 2023 |
| U.S. District Court for the Central District of Illinois |
| Peoria Office |
| Jonathan E Hawley |
| Colleen R Lawless |
| Michael M Mihm |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
This docket was last retrieved on June 8, 2023. A more recent docket listing may be available from PACER.
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Case Reassigned to Judge Colleen R. Lawless. Chief Judge Sara Darrow no longer assigned to the case. (AH)
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Filing 287
PDF with attached Audio File. Court Date & Time [06/07/2023 10:01:08 AM]. File Size [ 2313 KB ]. Run Time [ 00:04:47 ]. (admin).
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 6/7/2023. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow pending reassignment. Entered by Chief Judge Sara Darrow on 6/7/2023. (AH)
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TEXT ORDER OF RECUSAL entered by Judge Michael M. Mihm as to Johnny Lee Savory. Judge Mihm disqualifies and recuses himself from participation in this matter pursuant to 28 U.S.C. 455(a). This matter is referred to Chief Judge Sara Darrow for reassignment. (AH)
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Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Attys Brad Thomson and Megan Pierce for Plaintiff and Attys James Sotos and Kyle Christie for Defendants for Status Conference held on 6/7/2023. Parties indicate District Judge Michael Mihm is a witness in this case and case should be reassigned to a different District Judge. Dispositive motions due by 12/31/2023. Final Pretrial Conference and Jury Trial dates to be set once a new District Judge has been assigned to this case. (Tape #PRC: 10:01 a.m.) (FDS)
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TEXT ORDER granting #286 Joint Motion to Extend Expert Discovery deadlines. Plaintiffs expert disclosures due 6/9/23; depositions of Plaintiffs experts completed by 7/26/23; Defendants rebuttal expert disclosures due 8/25/23; and close of expert discovery on 10/11/23. Entered by Magistrate Judge Jonathan E. Hawley on 5/23/23. (WG)
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Filing 286
Joint MOTION for Extension of Time to Complete Discovery for Experts by Plaintiff Johnnie Lee Savory. Responses due by 6/5/2023 (Pierce, Megan)
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Filing 285
NOTICE of Change of Address by Brad J. Thomson (Thomson, Brad)
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TEXT ORDER: As this matter has recently been transferred from NDIL, see #283 , a Status Conference is set for 6/7/2023 at 10:00 AM via telephone before Magistrate Judge Jonathan E. Hawley. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Entered by Magistrate Judge Jonathan E. Hawley on 5/12/23. (WG)
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Filing 284
Case transferred in from District of Illinois Northern; Case Number 1:17-cv-00204. .
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Filing 283
TRANSFERRED to the U.S. District Court for the Central District of Illinois the electronic record. (jh, )
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Filing 282
OPINION AND ORDER Signed by the Honorable Sara L. Ellis on 5/9/2023. For the foregoing reasons, the Court grants Defendants' motion to transfer pursuant to 28 U.S.C. 1404(a) #268 . The Court transfers this case to the U.S. District Court for the Central District of Illinois forthwith. Telephone conference set for 5/10/2023 is stricken. Emailed notice. (cdh, )
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Filing 281
MINUTE entry before the Honorable Sara L. Ellis: The Court grants the parties' motion for extension of time #278 . The Court revises the expert discovery schedule as follows: disclosure of Plaintiff's experts is due by 5/26/2023; Plaintiff's expert depositions completed by 7/12/2023; disclosure of Defendants' experts is due by 8/11/2023; and expert discovery closes on 9/27/2023. Mailed notice (rj, )
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Filing 280
MINUTE entry before the Honorable Sheila M. Finnegan: Settlement conference held on 4/12/2023. The parties were unable to reach a settlement agreement. Mailed notice (sxw)
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Filing 279
NOTICE of Motion by Megan Colleen Pierce for presentment of extension of time #278 before Honorable Sara L. Ellis on 4/18/2023 at 09:45 AM. (Pierce, Megan)
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Filing 278
MOTION by Plaintiff Johnnie Lee Savory for extension of time for Expert Discovery Deadlines (Agreed) (Pierce, Megan)
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Filing 277
REPLY by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks to motion for miscellaneous relief,,, #268 In Support of Their Renewed Motion to Transfer Venue to the Central District of Illinois, Peoria Division (Attachments: #1 Exhibit List, #2 Exhibit Z, #3 Exhibit AA, #4 Exhibit BB, #5 Exhibit CC, #6 Exhibit DD, #7 Exhibit EE (Group), #8 Exhibit FF)(Christie, Kyle)
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Filing 276
RESPONSE by Johnnie Lee Savory to MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Ta #268 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hagy, Lindsay)
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Filing 275
MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 2/28/2023. Defendants' motion for leave to file exhibits under seal, instanter #269 is granted. Defendants' motion for leave to depose fact witnesses after the fact discovery cutoff #272 is granted. Briefing schedule on motion to transfer #268 : Plaintiff's response is due by 3/14/2023; Defendants' reply is due by 3/28/2023. Telephone Conference set for 5/10/2023 at 9:30 AM for ruling on motion to transfer. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, )
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Filing 274
MINUTE entry before the Honorable Sara L. Ellis: Telephone conference set for 2/28/2023 at 9:45 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice (rj, )
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Filing 273
NOTICE of Motion by Kyle Taylor Christie for presentment of motion for miscellaneous relief, #272 before Honorable Sara L. Ellis on 2/28/2023 at 09:45 AM. (Christie, Kyle)
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Filing 272
MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks for Leave to Depose Fact Witnesses After the Fact Discovery Cutoff (Attachments: #1 Exhibit A)(Christie, Kyle)
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Filing 271
NOTICE of Motion by Kyle Taylor Christie for presentment of motion for miscellaneous relief, #269 , motion for miscellaneous relief,,, #268 before Honorable Sara L. Ellis on 2/28/2023 at 09:45 AM. (Christie, Kyle)
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Filing 270
SEALED EXHIBIT by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks regarding MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Ta #269 , MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Ta #268 (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit S, # 4 Exhibit X)(Christie, Kyle)
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Filing 269
MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks for Leave to File Exhibit Under Seal, Instanter (Christie, Kyle)
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Filing 268
MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks to Transfer Venue to the Central District of Illinois, Peoria Division (Renewed) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y)(Christie, Kyle)
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Filing 267
TRANSCRIPT OF PROCEEDINGS held on 20/01/23 before the Honorable Sara L. Ellis. Order Number: 45124. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/7/2023. Redacted Transcript Deadline set for 3/17/2023. Release of Transcript Restriction set for 5/15/2023. (Mullen, Patrick)
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Filing 266
MINUTE entry before the Honorable Sheila M. Finnegan: Magistrate Judge telephone status hearing held on 2/10/2023. The parties report they are agreeable to engage in a settlement conference. Settlement conference (by videoconference) is set for 4/12/2023 at 2:00 p.m. All participants must be available at 1:30 p.m. that day to receive and open a link to Microsoft Teams and be instructed by the courtroom deputy on how to enable the video, unmute the sound, and navigate between a joint virtual room and separate virtual rooms. Plaintiff's counsel is to provide a settlement letter by his suggested date of 2/17/2023. Defense counsel expects to be able to provide a responsive letter by 3/3/2023 but, if necessary, may have until 3/22/2023 to do so. The letters are to be sent by e-mail to [email protected] on the due dates. The parties are directed to review and comply with Magistrate Judge Finnegan's Standing Order for Settlement Conferences (available on the court's website at www.ilnd.uscourts.gov by selecting the link for Magistrate Judge Finnegan and then the link for "Settlement Conferences"). Mailed notice (sxw)
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Filing 265
MINUTE entry before the Honorable Sheila M. Finnegan: The case was called at 9:15 a.m. for status hearing per order dated 1/27/2023 #262 . Defense counsel failed to dial in even after the start of the hearing was delayed so efforts could be made to reach defense counsel. The telephone status is reset to 2/10/2023 at 9:15 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw)
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Filing 264
MOTION by Plaintiff Johnnie Lee Savory to take deposition of Walter Jatkowski (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit List)(Pierce, Megan)
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Filing 263
MINUTE entry before the Honorable Sara L. Ellis: Telephone motion hearing held on 2/1/2023. Parties' joint motion to exceed the page limit for Plaintiff's motion to compel #257 is granted. The Parties' joint motion regarding Plaintiff's request for a second deposition of Defendant Jatkowski [257-1] is granted as stated on the record. The parties are reminded to file motions separately on the docket. Deposition of Defendant Jatkowski shall take place by Zoom for a total of 1.5 hours. If necessary, the Court allows the deposition of Defendant Jatkowski to be taken outside of the closure of fact discovery. Mailed notice (rj, )
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Filing 262
MINUTE entry before the Honorable Sheila M. Finnegan: This case has been referred for a settlement conference should the parties request one. Magistrate Judge telephone status is set on 2/9/2023 at 9:15 a.m. The toll-free number for the next hearing is 877-336-1831, access code 5995354. Persons granted remote access to proceedings are reminded of the prohibition against recording and rebroadcasting of court proceedings. Mailed notice (sxw)
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Filing 261
EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Sheila M. Finnegan for Settlement Conference.. Signed by Executive Committee on 1/26/2023.(jh, )
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Filing 260
TRANSCRIPT OF PROCEEDINGS held on 11/29/22 before the Honorable Gary Feinerman. Court Reporter Contact Information: Charles R. Zandi, 312/435-5387, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/15/2023. Redacted Transcript Deadline set for 2/27/2023. Release of Transcript Restriction set for 4/25/2023. (Zandi, Charles)
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Filing 259
MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 1/25/2023. Motion to compel #257 is entered and continued to 2/1/2023 at 9:45 AM. Fact discovery is extended through 2/20/23. Expert discovery schedule: expert disclosures are due by 4/22/23; rebuttal disclosures 5/22/23; expert discovery closes 6/20/23. Referral entered to magistrate judge for settlement conference. Next status date set for 6/28/23 at 9:30 a.m. to report on settlement and set summary judgment briefing schedule. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, )
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Filing 258
MINUTE entry before the Honorable Sara L. Ellis: Telephone conference set for 1/25/2023 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (rj, )
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Filing 257
MOTION by Plaintiff Johnnie Lee Savory for leave to file excess pages for Plaintiff's Motion to Compel (Attachments: #1 Exhibit Joint Motion Regarding Plaintiff's Request for a Second Deposition of Defendant Jatkowski, #2 Exhibit Exhibit List, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Exhibit Exhibit M, #16 Exhibit Exhibit N, #17 Exhibit Exhibit O, #18 Exhibit Exhibit P)(Pierce, Megan)
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Filing 256
STATUS Report JOINT by Johnnie Lee Savory (Pierce, Megan)
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Filing 255
MINUTE entry before the Honorable Sara L. Ellis: Telephone Conference set for 1/25/2023 at 9:30 AM. This case has been re-assigned to the calendar of Judge Sara L. Ellis. All previously set status dates are stricken. All previously set discovery schedules remain intact. All previously set briefing schedules remain intact. Parties will not be required to file proposed orders along with their motions. All noticed motion dates are vacated. The Court will set new dates for filed but un-noticed motions at the reassignment joint status conference. The parties are directed not to notice any motions, with the exception of emergency motions, prior to appearing at the reassignment joint status conference. For all emergency motions arising prior to the date scheduled for the reassignment joint status conference, the parties are directed to contact chambers. To help the Court learn about the case, it is hereby ordered that by 1/18/2023, counsel are to confer, prepare, and file a joint status report, not to exceed five pages. If the defendant's counsel has not yet filed an appearance, the status report should be prepared by the plaintiff's counsel. The report shall contain the information requested in the attached Initial Status Report For Reassigned Case in the format provided. Mailed notice (Attachments: #1 Initial Status Report for Reassigned Case) (rj, )
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Filing 254
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 253
ORDER OF THE EXECUTIVE COMMITTEE. The Honorable Gary S. Feinerman will resign his Commission as a United States District Judge effective December 31, 2022. IT IS HEREBY ORDERED That the civil cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any civil case that was assigned to the Honorable Gary S. Feinerman and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable Sara L. Ellis for all further proceedings. Honorable Gary Feinerman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 12/28/2022. (exr, )
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Filing 252
MINUTE entry before the Honorable Gary Feinerman:By agreement, motion to compel #240 is denied as moot. The motion hearing set for 12/19/2022 #247 is stricken. The 1/25/2023 status hearing #247 shall stand. Mailed notice. (jlj, )
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Filing 251
STATUS Report (Joint) by Johnnie Lee Savory (Pierce, Megan)
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Filing 250
MINUTE entry before the Honorable Gary Feinerman:Motion to withdraw #249 is granted. Attorney Samantha Pallini is terminated as counsel for Defendants. Mailed notice. (jlj, )
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Filing 249
MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks to withdraw Appearance of Samantha J. Pallini (Sotos, James)
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Filing 248
STATUS Report to Inform Court of Lost ESI, Supplemental, by Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr(Special Representative of John Timmes), Marcella Brown Teplitz, Carl Tiarks (Pallini, Samantha)
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Filing 247
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Plaintiff's motion to compel #240 is entered and continued to 12/19/2022 at 9:00 a.m. By 12/14/2022, the parties shall file a status report as to the motion to compel. For the reasons and to the extent stated on the record, Plaintiff's motion for additional time to depose Defendant Marcella Brown Teplitz #235 is granted in part and denied in part. Motion for extension of time #244 is granted. By agreement, the schedule is amended as follows. Fact discovery shall close 2/6/2023. Rule 26(a)(2) disclosures shall be served by 3/23/2023. Rebuttal Rule 26(a)(2) disclosures shall be served by 4/22/2023. Experts shall be deposed by 5/20/2023. Status hearing set for 1/25/2023 at 9:00 a.m. By 1/18/2023, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether both sides would like a settlement conference with the Magistrate Judge; (5) when Defendants might renew their motion to transfer to the Central District of Illinois; and (6) whether there is a need for the 1/25/2023 status hearing. Attorneys/Parties should appear for the 1/25/2023 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 246
ORDER written by the Honorable Gary Feinerman on 11/28/2022: For the reasons and to the extent set forth below, Defendants' motion for additional time to depose Plaintiff #218 is granted in part and denied in part.Mailed notice.(jlj, )
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Filing 245
REPLY by Johnnie Lee Savory to Response, #239 , MOTION by Plaintiff Johnnie Lee Savory for Additional Time to Depose Defendant Marcella Brown Teplitz #235 (Attachments: #1 Exhibit A (Judge Seeger Standing Order re Depositions), #2 Exhibit B (Judge Castillo's Deposition Rules), #3 Exhibit C (Handwritten Notes), #4 Exhibit D (Handwritten Notes))(Bowman, Locke)
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Filing 244
MOTION by Plaintiff Johnnie Lee Savory for extension of time to complete discovery JOINT (Pierce, Megan)
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Filing 243
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 11/22/2022 #237 is stricken. The 11/29/2022 motion hearing #236 shall stand.Mailed notice. (jlj, )
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Filing 242
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to complete discovery #241 is granted. The deadline for Defendants to respond to Plaintiff's second and third set of requests for admission is extended to 11/23/2022. Mailed notice. (jlj, )
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Filing 241
MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks for extension of time to complete discovery Defendants' Motion for Additional Time to Respond to Plaintiff's Second and Third Requests for Admission (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Schroeder, Sara)
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Filing 240
MOTION by Plaintiff Johnnie Lee Savory to compel DEFENDANT CITY OF PEORIA'S PRODUCTION OF DOCUMENTS RELATED TO THE TOPICS IN PLAINTIFF'S RULE 30(b)(6) NOTICE (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(Pierce, Megan)
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Filing 239
RESPONSE by Defendant Marcella Brown Teplitz to motion for miscellaneous relief #235 Plaintiff's Motion For Additional Time to Depose Defendant Marcella Brown Teplitz (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Schroeder, Sara)
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Filing 238
STATUS Report JOINT by Johnnie Lee Savory (Art, Steven)
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Filing 237
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 11/17/2022 #223 is stricken and re-set for 11/22/2022 at 9:15 a.m. Attorneys/Parties should appear for the 11/22/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 236
MINUTE entry before the Honorable Gary Feinerman:Motion for additional time to depose defendant Marcella Brown Teplitz #235 is entered and continued to 11/29/2022 at 9:15 a.m. Defendants shall respond to the motion by 11/15/2022; Plaintiff shall reply by 11/22/2022. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 235
MOTION by Plaintiff Johnnie Lee Savory for Additional Time to Depose Defendant Marcella Brown Teplitz (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Art, Steven)
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Filing 234
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. For the reasons stated on the record, Defendants' motion in limine for a pretrial determination of the inadmissibility of Plaintiff's general pardon #227 is granted in part and denied in part. The general pardon is admissible as to the favorable termination of Plaintiff's criminal case, but not as evidence, one way or the other, that Plaintiff was guilty or innocent of the charged crimes. The deadline for filing the joint status report is extended to 11/14/2022. Mailed notice. (jlj, )
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Filing 233
REPLY by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks to motion in limine,, #227 for a Pre-Trial Determination of the Inadmissibility of Plaintiff's General Pardon (In Support Of) (Sotos, James)
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Filing 232
STATUS Report to Inform Court of Lost ESI by Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr(Special Representative of John Timmes), Marcella Brown Teplitz, Carl Tiarks (Schroeder, Sara)
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Filing 231
MINUTE entry before the Honorable Gary Feinerman: The motion hearing set for 11/4/2022 #226 is stricken and re-set for 11/7/2022 at 10:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 230
RESPONSE by Johnnie Lee Savoryin Opposition to MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Ta #227 (Attachments: #1 Exhibit A - Pardon, #2 Exhibit B - City Discovery Responses)(Pierce, Megan)
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Filing 229
MINUTE entry before the Honorable Gary Feinerman:Defendant Teplitz's motion for protective order #228 is denied without prejudice as premature. If Plaintiff wishes additional time to depose Defendant Marcella Brown Teplitz, he should file a motion under Civil Rule 30(d)(1) that, in addition to raising any other matters he wishes to address, responds to the arguments presented by Defendant Teplitz in her filing #228 . Mailed notice. (jlj, )
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Filing 228
MOTION by Defendant Marcella Brown Teplitz for protective order to Preclude Plaintiff from Seeking Additional Time to Depose Defendant Marcella Brown Teplitz (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Schroeder, Sara)
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Filing 227
MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarksin limine for a Pre-Trial Determination of the Inadmissibility of Plaintiff's General Pardon (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9)(Sotos, James)
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Filing 226
MINUTE entry before the Honorable Gary Feinerman:Defendants' motion for leave to file motion in limine for a pretrial determination of the inadmissibility of Plaintiff's general pardon #224 is granted. Defendants shall file their motion in limine as a separate docket entry. Plaintiff shall respond to the motion in limine by 10/21/2022; Defendants shall reply by 11/1/2022. Motion hearing set for 11/4/2022 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 225
RESPONSE by Johnnie Lee Savory to MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Ta #224 (Art, Steven)
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Filing 224
MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks for Leave to File Motion In Limine for a Pretrial Determination of the Inadmissibility of Plaintiff's General Pardon (Attachments: #1 Exhibit A)(Sotos, James)
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Filing 223
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 11/17/2022 at 9:15 a.m. Motion hearing held. Defendants'' motion for additional time to depose Plaintiff #218 is taken under advisement. By 11/10/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed thus far; (2) the discovery that remains to be taken; (3) whether there are any foreseeable obstacles to meeting the deadlines set forth in the 8/4/2022 order #217 ; (4) whether they would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 11/17/2022 status hearing. Attorneys/Parties should appear for the 11/17/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 222
REPLY by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks to motion for miscellaneous relief, #218 in Support of Their Motion For Additional Time to Depose Plaintiff (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Schroeder, Sara)
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Filing 221
RESPONSE by Johnnie Lee Savoryin Opposition to MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Ta #218 (Attachments: #1 Exhibit 1 Pinkney Deposition, #2 Exhibit 2 Defendants' July 11, 2022, letter, #3 Exhibit 3. Plaintiff's July 27, 2022, letter, #4 Exhibit 4. Parties' emails following Rule 37 call, #5 Exhibit 5. Plaintiff's August 3, 2022, email with counter-proposal, #6 Exhibit 6. August 10, 2022, letter, #7 Exhibit 7. Edgar Haynes Deposition, #8 Exhibit 8. Fiers 10/14/2021 Deposition, #9 Exhibit 9. Dunlavey June 10, 2022 Deposition)(Hagy, Lindsay)
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Filing 220
STATUS Report JOINT by Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr(Special Representative of John Timmes), Stefanie Tarr(Special Representative of Peter Gerontes), Stefanie Tarr(Special Representative of Russell Buck ), Marcella Brown Teplitz, Carl Tiarks (Christie, Kyle)
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Filing 219
MINUTE entry before the Honorable Gary Feinerman:Defendants' motion for additional time to depose Plaintiff #218 is entered and continued. Plaintiff shall respond to the motion by 9/9/2022; Defendants shall reply by 9/13/2022 at 2:00 CT. Motion hearing set for 9/14/2022 at 9:00 a.m. Attorneys/Parties should appear for the 9/14/2022 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 218
MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks for Additional Time to Depose Plaintiff (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Christie, Kyle)
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Filing 217
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to complete discovery #216 is granted. By agreement, the schedule is amended as follows. Fact discovery shall close 11/23/2022. Rule 26(a)(2) disclosures shall be served by 12/21/2022. Rebuttal Rule 26(a)(2) disclosures shall be served by 1/18/2023. Experts shall be deposed by 2/15/2023. Given the amended schedule, the status hearing set for 8/12/2022 #213 is stricken and re-set for 9/14/2022 at 9:00 a.m. By 9/7/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether both sides would like a settlement conference with the Magistrate Judge; (5) whether and, if so, approximately when Defendants might renew their motion to transfer to the Central District of Illinois; and (6) whether there is a need for the 9/14/2022 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 216
MOTION by Plaintiff Johnnie Lee Savory for extension of time to complete discovery Unopposed (Pierce, Megan)
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Filing 215
MINUTE entry before the Honorable Gary Feinerman:Motion to withdraw as counsel #214 is granted. Attorney Jeffrey Given is terminated as counsel for Defendants. Mailed notice. (jlj, )
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Filing 214
MOTION by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks to withdraw Appearance of Jeffrey N. Given (Sotos, James)
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Filing 213
MINUTE entry before the Honorable Gary Feinerman: By agreement #212 , the status hearing st for 6/29/2022 #209 is stricken and re-set for 8/12/2022 at 9:15 a.m. By 8/5/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 5/2/2022 order #209 ; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 8/12/2022 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 212
STATUS Report Joint by Johnnie Lee Savory (Hagy, Lindsay)
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Filing 211
MINUTE entry before the Honorable Gary Feinerman:The 5/2/2022 order #209 is amended to provide that the joint status report shall be filed by 6/27/2022 (not 6/28/2022).Mailed notice. (jlj, )
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Filing 210
NOTICE by Locke E. Bowman, III of Change of Address (Bowman, Locke)
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Filing 209
MINUTE entry before the Honorable Gary Feinerman:By agreement #208 , the schedule is amended as follows. Fact discovery shall close 8/25/2022. Rule 26(a)(2) disclosures shall be served by 9/22/2022. Rebuttal Rule 26(a)(2) disclosures shall be served by 10/20/2022. Experts shall be deposed by 11/17/2022. By agreement #208 , the status hearing set for 5/6/2022 #202 is stricken and re-set for 6/29/2022 at 9:15 a.m. By 6/28/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 6/29/2022 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 208
STATUS Report by Johnnie Lee Savory (Thomson, Brad)
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Filing 207
MINUTE entry before the Honorable Gary Feinerman:Status hearing held. As stated on the record (recorded at the deposition by counsel reporter), Plaintiff's motion to stay Defendants' subpoenas for the depositions of Frank and Ella Ivy #205 is granted in part and denied in part. The depositions shall not take place on 4/20/2022 or 4/21/2022, and Defendants shall have the opportunity to question the deponents first. To be clear, the court's resolution of this motion does not arise from a desire to effectuate rough justice or to split the baby, but rather results from an independent evaluation of each issue. Given the recently emerged scheduling issues with Plaintiff's counsel, a postponement of the depositions was appropriate. And given the circumstances stated on the record, it is appropriate for Defendants to question the deponents first.Mailed notice. (jlj, ) Modified on 4/21/2022 (jlj, ).
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Filing 206
RESPONSE by Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr(Special Representative of John Timmes), Stefanie Tarr(Special Representative of Peter Gerontes), Stefanie Tarr(Special Representative of Russell Buck ), Marcella Brown Teplitz, Carl Tiarksin Opposition to MOTION by Plaintiff Johnnie Lee Savory to stay Defendants' Subpoenas for the Depositions of Frank and Ella Ivy #205 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Pallini, Samantha)
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Filing 205
MOTION by Plaintiff Johnnie Lee Savory to stay Defendants' Subpoenas for the Depositions of Frank and Ella Ivy (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Thomson, Brad)
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Filing 204
MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 3/14/2022.Mailed notice.(jlj, )
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Filing 203
MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendant City of Peoria's motion to bifurcate and stay #186 is granted. Trial of Plaintiff's Monell claim against Defendant City is bifurcated from trial of Plaintiff's claims against the defendant officers, and discovery that pertains exclusively to the Monell claim is stayed absent further court order. Mailed notice. (jlj, )
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Filing 202
MINUTE entry before the Honorable Gary Feinerman:By agreement #201 , the status hearing set for 3/2/2022 #200 is stricken and re-set for 5/6/2022 at 9:15 a.m. By 4/29/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 12/13/2021 order #199 ; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 5/6/2022 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 201
STATUS Report Joint by Johnnie Lee Savory (Hagy, Lindsay)
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Filing 200
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 2/28/2022 #199 is stricken and re-set for 3/2/2022 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 199
MINUTE entry before the Honorable Gary Feinerman:By agreement #198 , the schedule is amended as follows. Fact discovery shall close 5/27/2022. Rule 26(a)(2) disclosures shall be served by 6/24/2022. Rebuttal Rule 26(a)(2) disclosures shall be served by 7/22/2022. Experts shall be deposed by 8/26/2022. By agreement #198 , the status hearing set for 12/20/2021 #193 is stricken and re-set for 2/28/2022 at 9:15 a.m. By 2/25/2022, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 2/28/2022 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 198
STATUS Report Joint by Johnnie Lee Savory (Pierce, Megan)
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Filing 197
ORDER Signed by the Honorable Gary Feinerman on 11/4/2021.Mailed notice.(jlj, )
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Filing 196
MINUTE entry before the Honorable Gary Feinerman:Plaintiff's unopposed motion for entry of the proposed ESI protocol #194 is granted. Enter Discovery Plan for Electronically Stored Information.Mailed notice. (jlj, )
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Filing 195
ATTORNEY Appearance for Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks by Mark F. Smolens (Smolens, Mark)
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Filing 194
MOTION by Plaintiff Johnnie Lee Savory for entry of the proposed ESI protocol, unopposed (Attachments: #1 Exhibit A)(Pierce, Megan)
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Filing 193
MINUTE entry before the Honorable Gary Feinerman: By agreement #192 , the status hearing set for 10/8/2021 #184 is stricken and re-set for 12/20/2021 at 9:00 a.m. By 12/13/2021, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 7/9/2020 order #153 ; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 12/20/2021 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 192
STATUS Report Joint by Johnnie Lee Savory (Hagy, Lindsay)
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Filing 191
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Motion to bifurcate #186 is taken under advisement. The 10/8/2021 status hearing #184 shall stand. Attorneys/Parties should appear for the 10/8/2021 hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 190
REPLY by Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Dennis Jenkins, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks to motion to bifurcate,, motion to stay, #186 (Christie, Kyle)
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Filing 189
MINUTE entry before the Honorable Gary Feinerman:The motion hearing set for 9/9/2021 #187 is stricken and re-set for 9/2/2021 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 188
RESPONSE by Johnnie Lee Savoryin Opposition to MOTION by Defendant City of Peoria, Illinois to bifurcate andMOTION by Defendant City of Peoria, Illinois to stay Discovery of Plaintiff's Monell Claims #186 (Attachments: #1 Exhibit Exhibit 1)(Hagy, Lindsay)
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Filing 187
MINUTE entry before the Honorable Gary Feinerman:Motion to bifurcate #186 is entered and continued. Plaintiff shall respond to the motion by 8/24/2021; Defendants shall reply by 8/31/2021. The parties should hold off on discovery that indisputably is exclusively Monell discovery pending resolution of the motion. Motion hearing set for 9/9/2021 at 9:00 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 186
MOTION by Defendant City of Peoria, Illinois to bifurcate and, MOTION by Defendant City of Peoria, Illinois to stay Discovery of Plaintiff's Monell Claims (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Christie, Kyle)
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Filing 185
ATTORNEY Appearance for Plaintiff Johnnie Lee Savory by Brad Thomson (Thomson, Brad)
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Filing 184
MINUTE entry before the Honorable Gary Feinerman:By agreement #183 , the status hearing set for 7/27/2021 #180 is stricken and re-set for 10/8/2021 at 9:15 a.m. By 10/1/2021, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 7/9/2020 order #153 ; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 10/8/2021 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 183
STATUS Report by Johnnie Lee Savory (Pierce, Megan)
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Filing 182
ATTORNEY Appearance for Defendants Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr, Stefanie Tarr, Stefanie Tarr, Marcella Brown Teplitz, Carl Tiarks by Kyle Taylor Christie (Christie, Kyle)
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Filing 181
ATTORNEY Appearance for Plaintiff Johnnie Lee Savory by Lindsay Hagy (Hagy, Lindsay)
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Filing 180
MINUTE entry before the Honorable Gary Feinerman: By agreement #179 , the status hearing set for 5/21/2021 #169 is stricken and re-set for 7/27/2021 at 9:15 a.m. By 7/20/2021, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 7/9/2020 order #153 ; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 7/27/2021 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 179
STATUS Report (Joint) by Allen Andrews, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Stefanie Tarr(Special Representative of John Timmes), Stefanie Tarr(Special Representative of Peter Gerontes), Stefanie Tarr(Special Representative of Russell Buck ), Marcella Brown Teplitz, Carl Tiarks (Schroeder, Sara)
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Filing 178
MINUTE entry before the Honorable Gary Feinerman:Motion to substitute #174 is granted. The Clerk is directed to substitute Stefanie Tarr for Beth Ball as a party defendant, in particular, as the Special Representative of Russell Buck, Peter Gerontes, and John Timmes. Motion hearing set for 5/18/2021 #175 is stricken.Mailed notice. (jlj, )
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Filing 177
PROTECTIVE Order Signed by the Honorable Gary Feinerman on 5/12/2021.Mailed notice.(jlj, )
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Filing 176
MINUTE entry before the Honorable Gary Feinerman:Motion for protective order #173 is granted. Enter agreed confidentiality order. Entry of the confidentiality order is without prejudice to any party or non-party moving to unseal any sealed document on the docket.Mailed notice. (jlj, )
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Filing 175
NOTICE of Motion by John J. Timbo for presentment of motion for miscellaneous relief, #174 before Honorable Gary Feinerman on 5/18/2021 at 09:00 AM. (Timbo, John)
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Filing 174
MOTION by Defendants Allen Andrews, Beth Bell, Beth Bell, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks Unopposed to Substitute in Stefanie Tarr, City Clerk of the City of Peoria, as Special Representative for the Estates of John Timmes, Russell Buck, and Peter Gerontes (Timbo, John)
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Filing 173
MOTION by Defendants Allen Andrews, Beth Bell, Beth Bell, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks for protective order (Agreed) (Attachments: #1 Exhibit A, #2 Exhibit B)(Schroeder, Sara)
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Filing 172
ANSWER to Complaint with Jury Demand by Allen Andrews, Beth Bell(Special Representative of John Timmes), Beth Bell(Special Representative of Peter Gerontes), Beth Bell(Special Representative of Russell Buck ), Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks(Sotos, James)
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Filing 171
MEMORANDUM Opinion and Order Signed by the Honorable Gary Feinerman on 3/31/2021.Mailed notice.(jlj, )
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Filing 170
MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendants' motion to dismiss #128 is granted in part and denied in part. The Fourteenth Amendment malicious prosecution claim, the Thirteenth Amendment claim, and the respondeat superior claim are dismissed with prejudice. The portions of the failure to intervene and indemnification claims that rest on the dismissed federal claims also are dismissed with prejudice. The motion to dismiss is denied in all other respects. Defendants shall answer the surviving portions of the complaint by 4/21/2021. Plaintiff's claims against Defendant Dennis Jenkins are voluntarily dismissed with prejudice (Dkt. 137 at 9 n.3), so the Clerk is directed to terminate him as a party defendant. Mailed notice. (jlj, )
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Filing 169
MINUTE entry before the Honorable Gary Feinerman:Given the status report #168 , the status heating set for 3/17/2021 #18 is stricken and re-set for 5/21/2021 at 9:00 a.m. By 5/14/2021, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in the 7/9/2020 order #153 ; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 5/21/2021 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 168
STATUS Report Joint by Allen Andrews, Beth Bell(Special Representative of John Timmes), Beth Bell(Special Representative of Peter Gerontes), Beth Bell(Special Representative of Russell Buck ), Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks (Schroeder, Sara)
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Filing 167
PROTECTIVE Order Signed by the Honorable Gary Feinerman on 3/8/2021.Mailed notice.(jlj, )
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Filing 166
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. For the reasons stated on the record, Defendants' motion for a protective order #159 is granted in part and denied in part. The parties shall submit a protective order implementing the court's ruling to Judge Feinerman's proposed order email. The 3/17/2021 status hearing #158 shall stand. Attorneys/Parties should appear for the 3/17/2021 status hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 165
REPLY by Defendants Allen Andrews, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks (Attachments: #1 Exhibit A)(Pallini, Samantha)
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Filing 164
RESPONSE by Johnnie Lee Savoryin Opposition to MOTION by Defendants Allen Andrews, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown #159 Plaintiff Johnnie Lee Savory's Response in Opposition to Defendants' Motion Challenging Plaintiff's Pyschotherapist-Patient Privilege Assertion And For Entry of HIPAA and Mental Health Protective Order (Attachments: #1 Exhibit A - Proposed HIPAA and Mental Health Protective Order, #2 Exhibit B - Dkt. 92 - Order on Motion to Quash, #3 Exhibit C - Dkt. 104 - HIPAA And Mental Health Confidentiality Protective Order, #4 Exhibit D - Dkt. 89 - Qualified HIPAA And MHDDCA Protective Order, #5 Exhibit E - Dkt. 92 - Order on Motion to Quash, #6 Exhibit F - Dkt. 158 - Notification of Docket Entry)(Rickert, Julia)
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Filing 163
MINUTE entry before the Honorable Gary Feinerman:Motion hearing set for 2/3/2021 #160 is stricken.Mailed notice. (jlj, )
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Filing 162
MINUTE entry before the Honorable Gary Feinerman:Motion for protective order #159 is entered and continued. Plaintiff shall respond to the motion by 2/12/2021; Defendants shall reply by 2/19/2021. Motion hearing set for 2/26/2021 at 9:15 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 161
AMENDED motion for protective order,, #159 Corrected Exhibit B (Dkt. 159-3) (Pallini, Samantha)
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Filing 160
NOTICE of Motion by Samantha J. Pallini for presentment of motion for protective order,, #159 before Honorable Gary Feinerman on 2/3/2021 at 09:00 AM. (Pallini, Samantha)
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Filing 159
MOTION by Defendants Allen Andrews, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks for protective order for HIPAA and Mental Health and to Challenge Plaintiff's Psychotherapist-Patient Privilege Assertion (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Pallini, Samantha)
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Filing 158
MINUTE entry before the Honorable Gary Feinerman:By agreement #157 , the status hearing set for 12/15/2020 #156 is stricken and re-set for 3/17/2021 at 9:00 a.m. By 3/10/2021, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) whether there are any foreseeable obstacles to meeting the deadlines set forth in the 7/9/2020 order #153 ; (4) whether there is a need for the 3/17/2021 status hearing; and (5) whether they would like a settlement conference with the Magistrate Judge. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 157
STATUS Report Joint Status Report by Johnnie Lee Savory (Art, Steven)
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Filing 156
MINUTE entry before the Honorable Gary Feinerman:By agreement #155 , the status hearing set for 10/20/2020 #153 is stricken and re-set for 12/15/2020 at 9:30 a.m. By 12/8/2020, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) whether there are any foreseeable obstacles to meeting the deadlines set forth in the 7/9/2020 order #153 ; (4) whether there is a need for the 12/15/2020 status hearing; and (5) whether they would like a settlement conference with the Magistrate Judge. The 7/9/2020 order #153 is amended to provide that the 2/4/2022 deadline is for Rule 26(a)(2) (not Rule 26(a)(1)) disclosures. A ruling on Defendants' motion to dismiss #128 will issue shortly, and the parties shall proceed on the assumption that the motion will be denied in its entirety or in large part. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 155
STATUS Report by Johnnie Lee Savory (Pierce, Megan)
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Filing 154
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk3, Docket)
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Filing 153
MINUTE entry before the Honorable Gary Feinerman:By agreement #152 , the following schedule is entered. The parties shall serve their written discovery responses by 8/7/2020. Motions to amend the pleadings or add new parties shall be filed by 10/15/2021. Fact discovery shall close 1/7/2022. Rule 26(a)(1) disclosures shall be served by 2/4/2022. Rebuttal Rule 26(a)(2) disclosures shall be served by 3/4/2022. Experts shall be deposed by 4/8/2022. The status hearing set for 7/14/2020 #151 is stricken and re-set for 10/20/2020 at 9:00 a.m. By 10/16/2020, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; and (4) whether there is a need for the 10/20/2020 status hearing. Attorneys/Parties should appear by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 152
STATUS Report by Johnnie Lee Savory (Pierce, Megan)
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Filing 151
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Defendants' motion to dismiss #128 is entered and continued. The stay of discovery #114 is lifted. The parties shall file a joint status report by 7/8/2020. Telephonic status hearing set for 7/14/2020 at 9:30 a.m. Attorneys should appear for this hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, please be sure to keep your phone on mute when you are not speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 150
ATTORNEY Appearance for Plaintiff Johnnie Lee Savory by Julia Therese Rickert (Rickert, Julia)
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Filing 149
REPLY by Defendants Allen Andrews, Beth Bell, Beth Bell, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks to motion to dismiss, #128 (Renewed and Supplemental) In Support of (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B)(Schroeder, Sara)
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Filing 148
MINUTE entry before the Honorable Gary Feinerman:Telephonic hearing scheduled for 6/25/2020 at 2:30 p.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 877-336-1828 and the access code is 4082461. Counsel of record will receive an email prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.Mailed notice. (jlj, )
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Filing 147
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #145 is granted. The deadline for Defendants to reply in support of their motion to dismiss #128 is extended to 6/22/2020. The motion hearing set for 6/22/2020 #146 is stricken. The telephonic motion hearing set for 6/22/2020 #138 is stricken and re-set for 6/25/2020 at 2:30 p.m. The court will have questions on the pending motion to dismiss. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 877-336-1828 and the access code is 4082461. Counsel of record will receive an email prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (jlj, )
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Filing 146
NOTICE of Motion by Sara J Schroeder for presentment of motion for extension of time to file response/reply, #145 before Honorable Gary Feinerman on 6/22/2020 at 09:00 AM. (Schroeder, Sara)
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Filing 145
MOTION by Defendants Allen Andrews, Beth Bell, Beth Bell, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks for extension of time to file response/reply (Schroeder, Sara)
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Filing 144
ATTORNEY Appearance for Defendants Beth Bell, Beth Bell, Beth Bell by Lisa Marie Meador (Meador, Lisa)
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Filing 143
ATTORNEY Appearance for Defendants Beth Bell, Beth Bell, Beth Bell by Joseph M. Polick (Polick, Joseph)
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Filing 142
ATTORNEY Appearance for Defendants Beth Bell, Beth Bell, Beth Bell by John J. Timbo (Timbo, John)
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Filing 141
ATTORNEY Appearance for Defendants Beth Bell, Beth Bell, Beth Bell by James Gus Sotos (Sotos, James)
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Filing 140
ATTORNEY Appearance for Defendants Allen Andrews, Beth Bell, Beth Bell, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks by Samantha J. Pallini (Pallini, Samantha)
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Filing 139
ATTORNEY Appearance for Defendants Allen Andrews, Beth Bell, Beth Bell, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks by Jeffrey Neil Given (Given, Jeffrey)
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Filing 138
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 6/22/2020 at 9:00 a.m. #131 is re-set for 10:45 a.m. TIME CHANGE ONLY. The court will have questions on the pending motion to dismiss. Mailed notice. (jlj, )
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Filing 137
RESPONSE by Johnnie Lee Savoryin Opposition to MOTION by Defendants Glen Perkins, John Stenson, William Cannon, Sr, Beth Bell, Harold Marteness, Beth Bell, Charles Edward Bowers, Marcella Brown Teplitz, E. Haynes, Allen Andrews, City of Peoria, Illinois, Mary Ann Dunlavey, Carl Tiarks, George Pinkne #128 (Art, Steven)
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Filing 136
MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file excess pages #134 is granted. Plaintiff shall file his oversized brief as a separate docket entry. Motion hearing set for 7/16/2020 #135 is stricken. Mailed notice. (jlj, )
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Filing 135
NOTICE of Motion by Steven Edwards Art for presentment of motion for leave to file excess pages #134 before Honorable Gary Feinerman on 7/16/2020 at 09:00 AM. (Art, Steven)
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Filing 134
MOTION by Plaintiff Johnnie Lee Savory for leave to file excess pages (Attachments: #1 Exhibit A. Proposed Brief)(Art, Steven)
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Filing 133
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket1, )
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Filing 132
SUPPLEMENT to motion to dismiss, #128 Addressing Culp v. Flores (Schroeder, Sara)
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Filing 131
MINUTE entry before the Honorable Gary Feinerman:Motion to supplement #129 is granted. Defendants shall file their supplemental brief as a separate docket entry. Motion hearing set for 5/14/2020 #130 is stricken. Plaintiff shall respond to Defendants' motion to dismiss #128 by 6/3/2020; Defendants shall reply by 6/17/2020. The status hearing set for 6/8/2020 #127 is stricken and re-set for 6/22/2020 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 130
NOTICE of Motion by Sara J Schroeder for presentment of motion to supplement, #129 before Honorable Gary Feinerman on 5/14/2020 at 09:00 AM. (Schroeder, Sara)
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Filing 129
MOTION by Defendants Allen Andrews, Beth Bell, Beth Bell, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Dennis Jenkins, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks to supplement Their Motion to Dismiss to Address Culp v. Flores (Attachments: #1 Exhibit A - Supplemental Brief)(Schroeder, Sara)
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Filing 128
MOTION by Defendants Glen Perkins, John Stenson, William Cannon, Sr, Beth Bell, Harold Marteness, Beth Bell, Charles Edward Bowers, Marcella Brown Teplitz, E. Haynes, Allen Andrews, City of Peoria, Illinois, Mary Ann Dunlavey, Carl Tiarks, George Pinkney, Beth Bell, Walter Jatkowski, Dennis Jenkins, John Fiers to dismiss Plaintiff's Complaint (Renewed and Supplemental) (Schroeder, Sara)
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Filing 127
MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file excess pages #125 is granted. Defendants shall file their motion to dismiss as a separate docket entry. Motion hearing set for 5/11/2020 #125 is stricken. The court brings to the parties' attention its decision in Culp v. Flores, No. 17 C 252, 2020 WL 1874075 (N.D. Ill. Apr. 15, 2020), with the understanding that the parties may take the position that the rulings therein are inapposite, distinguishable, and/or incorrectly decided. The status hearing set for 5/12/2020 #121 is stricken and re-set for 6/8/2020 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 126
NOTICE of Motion by Sara J Schroeder for presentment of motion for leave to file excess pages, #125 before Honorable Gary Feinerman on 5/11/2020 at 09:00 AM. (Schroeder, Sara)
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Filing 125
MOTION by Defendants Allen Andrews, Beth Bell, Beth Bell, Beth Bell, Charles Edward Bowers, William Cannon, Sr, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Dennis Jenkins, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks for leave to file excess pages Pursuant to Local Rule 7.1, Instanter (Attachments: #1 Exhibit A)(Schroeder, Sara)
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Filing 124
MINUTE entry before the Honorable Gary Feinerman:Pursuant to Paragraph 2.c of Third Amended General Order 20-0012, the deadline set forth in the 4/9/2020 order #122 shall stand.Mailed notice. (jlj, )
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Filing 123
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket1, )
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Filing 122
MINUTE entry before the Honorable Gary Feinerman:Pursuant to Paragraph 2.c of Second Amended General Order 20-0012, the court sets 5/4/2020 as the deadline for Defendants to file their motion to dismiss.Mailed notice. (jlj, )
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Filing 121
MINUTE entry before the Honorable Gary Feinerman:Pursuant to Second Amended General Order 20-0012, the 4/15/2020 status hearing #119 is stricken and re-set for 5/12/2020 at 2:00 p.m. In the meantime, if any party wishes to present a scheduling or other issue or question to the court, that party should send an email to the Courtroom Deputy ([email protected]) and the proposed order email box ([email protected]), with a copy to all other counsel, and the court will respond as soon as practicable. If any party wishes to extend, shorten, or revoke in a particular case the filing extensions granted by Paragraph 2 of Second Amended General Order 20-0012, that party shall file a motion on the case docket and shall indicate in the motion whether the relief sought is agreed or opposed. Parties may file other non-emergency motions on the case docket as they see fit. Emergency relief in any case, or emergency relief from Second Amended General Order 20-0012, shall be sought in the manner set forth in Paragraphs 5-6 of Second Amended General Order 20-0012.Mailed notice. (jlj, )
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Filing 120
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket13, )
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Filing 119
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 3/31/2020 #114 is stricken and re-set for 4/15/2020 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 118
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, )
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Filing 117
MINUTE entry before the Honorable Gary Feinerman:Plaintiff's motion to substitute party #115 is granted. The Clerk is directed to substitute William Cannon, Sr., as special representative of the Estate of Deceased Defendant Charles Cannon, as a party defendant for Charles Cannon. Motion hearing set for 3/31/2020 #116 is stricken.Mailed notice. (jlj, )
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Filing 116
NOTICE of Motion by Steven Edwards Art for presentment of motion to substitute party #115 before Honorable Gary Feinerman on 3/31/2020 at 09:00 AM. (Art, Steven)
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Filing 115
MOTION by Plaintiff Johnnie Lee Savory to substitute party William Cannon, Sr., as special representative for Deceased Defendant Charles Cannon (Art, Steven)
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Filing 114
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 3/31/2020 at 9:00 a.m. For the reasons stated on the record, discovery stayed pending further order of court. Defendant's motion to dismiss shall be filed by 3/25/2020.Mailed notice. (jlj, )
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Filing 113
ATTORNEY Appearance for Plaintiff Johnnie Lee Savory by Megan Colleen Pierce (Pierce, Megan)
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Filing 112
MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 3/4/2020 at 9:00 a.m. #103 is re-set for 9:15 a.m. TIME CHANGE ONLY.Mailed notice. (jlj, )
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Filing 111
BILL of Costs from the USCA, appeal no. 17-3543 (pk, )
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Filing 110
CERTIFIED COPY OF OPINION from the USCA for the 7th Circuit; Argued 9/24/2019; Decided 1/7/2020 in USCA case no. 17-3543 (pk, )
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Filing 109
CERTIFIED COPY OF USCA JUDGMENT dated 1/7/2020 regarding notice of appeal #97 ; USCA No. 17-3543: The District Court's judgment is REVERSED, with costs, and the case is REMANDED for further proceedings, in accordance with the decision of this court entered on this date. (pk, )
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Filing 108
MANDATE of USCA dated 2/28/2020 regarding notice of appeal #97 ;USCA No.17-3543 ; No record to be returned. (pk, )
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Filing 107
MINUTE entry before the Honorable Gary Feinerman:Motion to withdraw #105 is granted. Attorney Thomas Downing is terminated as counsel for Defendants. Motion hearing set for 3/4/2020 #106 is stricken.Mailed notice. (jlj, )
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Filing 106
NOTICE of Motion by James Gus Sotos for presentment of motion to withdraw, #105 before Honorable Gary Feinerman on 3/4/2020 at 09:00 AM. (Sotos, James)
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Filing 105
MOTION by Defendants Allen Andrews, Beth Bell, Beth Bell, Beth Bell, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks to withdraw (Sotos, James)
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Filing 104
STATUS Report Joint by Allen Andrews, Beth Bell(Special Representative of John Timmes), Beth Bell(Special Representative of Peter Gerontes), Beth Bell(Special Representative of Russell Buck ), Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks (Schroeder, Sara)
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Filing 103
MINUTE entry before the Honorable Gary Feinerman:Because the Seventh Circuit will not issue the mandate until 2/12/2020 at the earliest, the status hearing set for 2/18/2020 #102 is stricken and re-set for 3/4/2020 at 9:00 a.m. By 2/26/2020, the parties shall file a status report a proposed discovery and dispositive motion schedule. If the issuance of the mandate remains stayed, the court will adjust those dates. Mailed notice. (jlj, )
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Filing 102
MINUTE entry before the Honorable Gary Feinerman: Status hearing set for 2/18/2020 at 9:00 a.m. The parties shall file a joint status report with a proposed discovery and dispositive motion schedule by 2/11/2020. The parties shall inform the Courtroom Deputy if Defendants ask the Seventh Circuit to stay the mandate. Mailed notice. (jlj, )
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Filing 101
TRANSCRIPT OF PROCEEDINGS held on 10/25/17 before the Honorable Gary Feinerman. Court Reporter Contact Information: Charles R. Zandi, 312/435-5387, [email protected]. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 7/13/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018. (Zandi, Charles)
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Filing 100
ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #97 ; USCA Case No. 17-3543. (ph, )
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Filing 99
TRANSMITTED to the 7th Circuit the short record on notice of appeal #97 . Notified counsel (ek, )
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Filing 98
NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #97 (ek, )
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Filing 97
NOTICE of appeal by Johnnie Lee Savory regarding orders #96 , #95 Filing fee $ 505, receipt number 0752-13908048. (Art, Steven)
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Filing 96
ENTERED JUDGMENT on 12/1/2017.Mailed notice.(jlj, )
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Filing 95
MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 12/1/2017.Mailed notice.(jlj, )
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Filing 94
MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendants' motion to dismiss #71 is granted. This case is dismissed with prejudice. Enter judgment order. Status hearing set for 12/7/2017 #89 is stricken. Civil case closed. Mailed notice. (jlj, )
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Filing 93
SUR-REPLY by Plaintiff Johnnie Lee Savory in Opposition to Defendants' Motion to Dismiss (Art, Steven)
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Filing 92
MINUTE entry before the Honorable Gary Feinerman:Plaintiff's motion for leave to file a surreply #90 is granted. Plaintiff shall file his surreply as a separate docket entry. Motion hearing set for 11/8/2017 #91 is stricken.Mailed notice. (jlj, )
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Filing 91
NOTICE of Motion by Steven Edwards Art for presentment of motion for leave to file #90 before Honorable Gary Feinerman on 11/8/2017 at 09:00 AM. (Art, Steven)
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Filing 90
MOTION by Plaintiff Johnnie Lee Savory for leave to file a short surreply (Attachments: #1 Exhibit A)(Art, Steven)
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Filing 89
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Status hearing held and continued to 12/7/2017 at 9:15 a.m. For the reasons stated on the record, Plaintiff's motion to compel #81 is denied, and Defendants' motion to stay discovery #86 is granted. Argument held on Defendants' motion to dismiss #71 .Mailed notice. (jlj, )
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Filing 88
MINUTE entry before the Honorable Gary Feinerman:Hearing on Defendants' combined motion to stay discovery and response to Plaintiff's motion to compel #86 set for 10/26/2017 #87 is stricken and re-set for 10/25/2017 at 9:45 a.m.Mailed notice. (jlj, )
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Filing 87
NOTICE of Motion by Lisa Marie Meador for presentment of motion to stay, #86 before Honorable Gary Feinerman on 10/26/2017 at 09:00 AM. (Meador, Lisa)
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Filing 86
MOTION by Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks to stay Discovery and Response to Plaintiff's Motion to Compel (Combined) (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B)(Meador, Lisa)
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Filing 85
MINUTE entry before the Honorable Gary Feinerman:Status and motion hearing set for 10/25/2017 at 9:30 a.m. #83 is re-set for 9:45 a.m. TIME CHANGE ONLY.Mailed notice. (jlj, )
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Filing 84
ATTORNEY Appearance for Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks by Joseph M. Polick (Polick, Joseph)
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Filing 83
MINUTE entry before the Honorable Gary Feinerman: Motion hearing set for 10/25/2017 at 9:00 a.m. #82 is re-set for 9:30 a.m. Status hearing set for 10/25/2017 at 9:00 a.m. #78 is re-set for 9:30 a.m. TIME CHANGE ONLY. The court will have questions regarding the pending motion to dismiss #71 .Mailed notice. (jlj, )
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Filing 82
NOTICE of Motion by Elizabeth N. Mazur for presentment of motion to compel #81 before Honorable Gary Feinerman on 10/25/2017 at 09:00 AM. (Mazur, Elizabeth)
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Filing 81
MOTION by Plaintiff Johnnie Lee Savory to compel discovery (Mazur, Elizabeth)
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Filing 80
REPLY by Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks to motion to dismiss, #71 In Futher Support (Schroeder, Sara)
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Filing 79
RESPONSE by Plaintiff Johnnie Lee Savory to motion to dismiss, #71 (Art, Steven)
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Filing 78
MINUTE entry before the Honorable Gary Feinerman:Plaintiff's unopposed motion for an extension of time to respond to Defendants' motion to dismiss #76 is granted. The time for Plaintiff to respond to Defendants' motion to dismiss #71 is extended to 9/27/2017; reply due by 10/18/2017. Motion hearing set for 9/13/2017 #77 is stricken. Status hearing set for 10/19/2017 #75 is stricken and re-set for 10/25/2017 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 77
NOTICE of Motion by Elizabeth N. Mazur for presentment of motion for extension of time to file response/reply #76 before Honorable Gary Feinerman on 9/13/2017 at 09:00 AM. (Mazur, Elizabeth)
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Filing 76
MOTION by Plaintiff Johnnie Lee Savory for extension of time to file response/reply as to motion to dismiss, #71 (Mazur, Elizabeth)
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Filing 75
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. The 9/26/2017 status hearing #73 is stricken and re-set for 10/19/2017 at 9:00 a.m. Defendants' motion to dismiss #71 is entered and continued. Plaintiff's response due by 9/20/2017; reply due by 10/11/2017.Mailed notice. (jlj, )
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Filing 74
ATTORNEY Appearance for Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks by Lisa Marie Meador (Meador, Lisa)
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Filing 73
MINUTE entry before the Honorable Gary Feinerman:At the request of the parties, status hearing set for 8/28/2017 #67 is stricken and re-set for 9/26/2017 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 72
NOTICE of Motion by Sara J Schroeder for presentment of motion to dismiss, #71 before Honorable Gary Feinerman on 8/30/2017 at 09:00 AM. (Schroeder, Sara)
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Filing 71
MOTION by Defendants Glen Perkins, John Stenson, Charles Cannon, Beth Bell, Harold Marteness, Beth Bell, Charles Edward Bowers, Marcella Brown Teplitz, E. Haynes, Allen Andrews, City of Peoria, Illinois, Mary Ann Dunlavey, Carl Tiarks, George Pinkney, Beth Bell, Walter Jatkowski, John Fiers to dismiss (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B)(Schroeder, Sara)
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Filing 70
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #68 is granted. The time for Defendants to file their motion to dismiss is extended to 8/25/2017. They may file an oversized brief of up to 25 pages. Motion hearing set for 8/24/2017 #69 is stricken. Mailed notice. (jlj, )
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Filing 69
NOTICE of Motion by Sara J Schroeder for presentment of extension of time, #68 before Honorable Gary Feinerman on 8/24/2017 at 09:00 AM. (Schroeder, Sara)
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Filing 68
MOTION by Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks for extension of time To File Defendants Motion To Dismiss And Motion For Leave To File Oversized Brief (Unopposed) (Schroeder, Sara)
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Filing 67
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 8/28/2017 at 9:00 a.m. For the reasons stated on the record, City Defendants' motion to dismiss for lack of proper venue or in the alternative to transfer to the Central District of Illinois #51 is denied in part (as to dismissal on venue grounds) and denied without prejudice in part (as to transfer under 1404(a)). Written discovery shall proceed; the parties agreed that oral discovery shall not proceed before 8/28/2017. Defendants shall answer or file their Rule 12(b)(6) motion to dismiss by 8/22/2017.Mailed notice. (jlj, )
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Filing 66
MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 7/25/2017 at 9:00 a.m. The court asked questions regarding the pending motion to dismiss/transfer #51 .Mailed notice. (jlj, )
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Filing 65
MINUTE entry before the Honorable Gary Feinerman: Status hearing set for 6/1/2017 at 9:00 a.m. #54 is re-set for 9:15 a.m. TIME CHANGE ONLY.Mailed notice. (jlj, )
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Filing 64
REPLY by Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks to motion to dismiss,,,, motion to change venue,,, #51 (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Schroeder, Sara)
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Filing 63
MINUTE entry before the Honorable Gary Feinerman: Defendants' motion for an extension #61 is granted. The time for Defendants to file their reply brief is extended to 5/24/2017. The 5/22/2017 motion hearing #62 is stricken. Mailed notice (ma,)
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Filing 62
NOTICE of Motion by Sara J Schroeder for presentment of extension of time, #61 before Honorable Gary Feinerman on 5/22/2017 at 09:00 AM. (Schroeder, Sara)
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Filing 61
MOTION by Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, E. Haynes, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks for extension of time To File Their Reply In Support Of Their Motion To Dismiss Or Transfer Venue (Agreed) (Schroeder, Sara)
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Filing 60
RESPONSE by Johnnie Lee Savoryin Opposition to MOTION by Defendants Glen Perkins, John Stenson, Charles Cannon, Harold Marteness, Charles Edward Bowers, Marcella Brown Teplitz, Allen Andrews, City of Peoria, Illinois, Mary Ann Dunlavey, Carl Tiarks, George Pinkney, Walter Jatkowski, John Fiers to diMOTION by Defendants Glen Perkins, John Stenson, Charles Cannon, Harold Marteness, Charles Edward Bowers, Marcella Brown Teplitz, Allen Andrews, City of Peoria, Illinois, Mary Ann Dunlavey, Carl Tiarks, George Pinkney, Walter Jatkowski, John Fiers to ch #51 Plaintiff's Response to Defendants' Motion to Dismiss or to Transfer Venue (Attachments: #1 Exhibit A - Art Declaration)(Art, Steven)
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Filing 59
ATTORNEY Appearance for Defendant E. Haynes by Thomas F. Downing (Downing, Thomas)
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Filing 58
ATTORNEY Appearance for Defendant E. Haynes by Sara J Schroeder (Schroeder, Sara)
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Filing 57
ATTORNEY Appearance for Defendant E. Haynes by John J. Timbo (Timbo, John)
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Filing 56
ATTORNEY Appearance for Defendant E. Haynes by James Gus Sotos (Sotos, James)
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Filing 55
WAIVER OF SERVICE returned executed by Johnnie Lee Savory. E. Haynes waiver sent on 4/21/2017, answer due 6/20/2017. (Art, Steven)
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Filing 54
MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. Status hearing held and continued to 6/1/2017 at 9:00 a.m. City Defendants' motion to dismiss for lack of proper venue or in the alternative to transfer to the Central District of Illinois #51 is entered and continued. Plaintiff's response shall be filed by 5/3/2017; reply due by 5/17/2017.Mailed notice. (jlj, )
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Filing 53
ATTORNEY Appearance for Plaintiff Johnnie Lee Savory by John Ladell Stainthorp (Stainthorp, John)
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Filing 52
NOTICE of Motion by Sara J Schroeder for presentment of motion to dismiss,,,, motion to change venue,,, #51 before Honorable Gary Feinerman on 4/19/2017 at 09:00 AM. (Schroeder, Sara)
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Filing 51
MOTION by Defendants Glen Perkins, John Stenson, Charles Cannon, Harold Marteness, Charles Edward Bowers, Marcella Brown Teplitz, Allen Andrews, City of Peoria, Illinois, Mary Ann Dunlavey, Carl Tiarks, George Pinkney, Walter Jatkowski, John Fiers to dismiss For Lack of Proper Venue, Or In the Alternative, MOTION by Defendants Glen Perkins, John Stenson, Charles Cannon, Harold Marteness, Charles Edward Bowers, Marcella Brown Teplitz, Allen Andrews, City of Peoria, Illinois, Mary Ann Dunlavey, Carl Tiarks, George Pinkney, Walter Jatkowski, John Fiers to change venue To The Central District Of Illinois, Peoria Division (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Schroeder, Sara)
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SUMMONS Issued as to Defendant E. Haynes (pg, )
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Filing 50
MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time #48 is granted. The time for Plaintiff to serve Defendant Edgar Haynes is extended to 5/11/2017. Motion hearing set for 4/13/2017 #49 is stricken.Mailed notice. (jlj, )
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Filing 49
NOTICE of Motion by Steven Edwards Art for presentment of extension of time #48 before Honorable Gary Feinerman on 4/13/2017 at 09:00 AM. (Art, Steven)
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Filing 48
MOTION by Plaintiff Johnnie Lee Savory for extension of time to Serve Summons (Art, Steven)
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Filing 47
MINUTE entry before the Honorable Gary Feinerman:Defendants' second agreed motion for extension of time to answer #45 is granted. The time for Defendants to answer or otherwise plead to the complaint is extended to 4/14/2017. Motion hearing set for 4/13/2017 #46 is stricken. Status hearing set for 4/13/2017 #44 is stricken and re-set for 4/19/2017 at 9:00 a.m.Mailed notice. (jlj, )
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Filing 46
NOTICE of Motion by Sara J Schroeder for presentment of motion for extension of time to file answer, #45 before Honorable Gary Feinerman on 4/13/2017 at 09:00 AM. (Schroeder, Sara)
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Filing 45
MOTION by Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks for second agreed motion for extension of time to answer or otherwise plead. (Schroeder, Sara) (Docket text modified by the Clerk's Office) Modified on 4/5/2017 (mc, ).
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Filing 44
MINUTE entry before the Honorable Gary Feinerman: Status hearing held on 3/15/2017 and continued to 4/13/2017 at 9:00 a.m. Rule 26(a)(1) disclosures shall be served by 3/24/2017. Initial written discovery requests shall be served 5/12/2017. Fact discovery shall be completed by 3/23/2018. Plaintiff's Rule 26(a)(2) disclosures shall be served by 4/13/2018; Plaintiff's expert(s) shall be deposed by 5/11/2018; Defendants' Rule 26(a)(2) disclosures shall be served by 6/8/2018; Defendants' expert(s) shall be deposed by 6/29/2018; Plaintiff's Rule 26(a)(2) rebuttal disclosures shall be served by 7/9/2018; Plaintiff's rebuttal expert(s) shall be deposed by 7/27/2018. Dispositive motions shall be filed by 8/25/2018. Motions to amend the pleadings or add new parties shall be filed by 8/24/2018. Mailed notice (lcw, )
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Filing 43
MINUTE entry before the Honorable Gary Feinerman:The Clerk is directed to make substitutions as directed to order #41 dated 3/9/2017.Mailed notice (jlj, )
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Filing 42
ATTORNEY Appearance for Plaintiff Johnnie Lee Savory by Elizabeth N. Mazur (Mazur, Elizabeth)
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Filing 41
MINUTE entry before the Honorable Gary Feinerman:Unopposed motion to appoint and substitute a special representative #38 is granted. The City Clerk of Peoria, Illinois, Beth Ball, is appointed as special representative for the purposes of defendant Plaintiff's claims against Defendants Russell Buck, Peter Gerontes, and John Timmes. Beth Bell, Special Representative of Russell Buck, is substituted as a party defendant for Russell Buck. Beth Bell, Special Representative of Peter Gerontes, is substituted as a party defendant for Peter Gerontes. Beth Bell, Special Representative of John Timmes, is substituted as a party defendant for John Timmes. Motion hearing set for 3/15/2017 #39 is stricken.Mailed notice. (jlj, )
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Filing 40
STATUS Report Joint by Johnnie Lee Savory (Art, Steven)
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Filing 39
NOTICE of Motion by Steven Edwards Art for presentment of motion to substitute party #38 before Honorable Gary Feinerman on 3/15/2017 at 09:00 AM. (Art, Steven)
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Filing 38
MOTION by Plaintiff Johnnie Lee Savory to substitute party to Appoint and Substitute a Special Representative (Art, Steven)
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Filing 37
SUGGESTION of Death as to Dennis K. Jenkins (Timbo, John)
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Filing 36
ATTORNEY Appearance for Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks by Sara J Schroeder (Schroeder, Sara)
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Filing 35
ATTORNEY Appearance for Defendants Allen Andrews, Charles Cannon, Walter Jatkowski, Harold Marteness, John Stenson, Marcella Brown Teplitz by Thomas F. Downing (Downing, Thomas)
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Filing 34
ATTORNEY Appearance for Defendants Allen Andrews, Charles Cannon, Walter Jatkowski, Harold Marteness, John Stenson, Marcella Brown Teplitz by John J. Timbo (Timbo, John)
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Filing 33
ATTORNEY Appearance for Defendants Allen Andrews, Charles Cannon, Walter Jatkowski, Harold Marteness, John Stenson, Marcella Brown Teplitz by James Gus Sotos (Sotos, James)
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Filing 32
MINUTE entry before the Honorable Gary Feinerman:Defendants' agreed motion for extension of time to answer #21 is granted. The time for Defendants City of Peoria, Bowers, Dunlavey, Fiers, Perkins, Pinkney, and Tiarks to answer or otherwise plead to the complaint is extended to 4/7/2017. Motion hearing set for 2/13/2017 #22 is stricken.Mailed notice. (jlj, )
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Filing 31
SUGGESTION of Death as to John Timmes (Timbo, John)
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Filing 30
SUGGESTION of Death as to Peter Gerontes (Timbo, John)
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Filing 29
SUGGESTION of Death as to Russell Buck (Timbo, John)
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Filing 28
WAIVER OF SERVICE returned executed by Johnnie Lee Savory. Allen Andrews waiver sent on 2/7/2017, answer due 4/10/2017. (Art, Steven)
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Filing 27
WAIVER OF SERVICE returned executed by Johnnie Lee Savory. Charles Cannon waiver sent on 2/7/2017, answer due 4/10/2017. (Art, Steven)
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Filing 26
WAIVER OF SERVICE returned executed by Johnnie Lee Savory. Walter Jatkowski waiver sent on 2/7/2017, answer due 4/10/2017. (Art, Steven)
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Filing 25
WAIVER OF SERVICE returned executed by Johnnie Lee Savory. Harold Marteness waiver sent on 2/7/2017, answer due 4/10/2017. (Art, Steven)
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Filing 24
WAIVER OF SERVICE returned executed by Johnnie Lee Savory. John Stenson waiver sent on 2/7/2017, answer due 4/10/2017. (Art, Steven)
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Filing 23
WAIVER OF SERVICE returned executed by Johnnie Lee Savory. Marcella Brown Teplitz waiver sent on 2/7/2017, answer due 4/10/2017. (Art, Steven)
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Filing 22
NOTICE of Motion by John J. Timbo for presentment of motion for extension of time to file answer,, motion for relief, #21 before Honorable Gary Feinerman on 2/13/2017 at 09:00 AM. (Timbo, John)
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Filing 21
MOTION by Defendants Charles Edward Bowers, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, Glen Perkins, George Pinkney, Carl Tiarks for extension of time to file answer regarding complaint #1 or Otherwise Plead (Agreed) (Timbo, John)
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Filing 20
ATTORNEY Appearance for Defendant Carl Tiarks by Thomas F. Downing (Downing, Thomas)
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Filing 19
ATTORNEY Appearance for Defendant Carl Tiarks by John J. Timbo (Timbo, John)
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Filing 18
ATTORNEY Appearance for Defendant Carl Tiarks by James Gus Sotos (Sotos, James)
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Filing 17
ATTORNEY Appearance for Defendants Charles Edward Bowers, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, Glen Perkins, George Pinkney by Thomas F. Downing (Downing, Thomas)
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Filing 16
ATTORNEY Appearance for Defendants Charles Edward Bowers, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, Glen Perkins, George Pinkney by John J. Timbo (Timbo, John)
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Filing 15
ATTORNEY Appearance for Defendants Charles Edward Bowers, City of Peoria, Illinois, Mary Ann Dunlavey, John Fiers, Glen Perkins, George Pinkney by James Gus Sotos (Sotos, James)
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Filing 14
SUMMONS Returned Executed by Johnnie Lee Savory as to City of Peoria, Illinois on 1/17/2017, answer due 2/7/2017. (Art, Steven)
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Filing 13
SUMMONS Returned Executed by Johnnie Lee Savory as to George Pinkney on 1/26/2017, answer due 2/16/2017. (Art, Steven)
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Filing 12
SUMMONS Returned Executed by Johnnie Lee Savory as to Carl Tiarks on 1/24/2017, answer due 2/14/2017. (Art, Steven)
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Filing 11
SUMMONS Returned Executed by Johnnie Lee Savory as to John Fiers on 1/24/2017, answer due 2/14/2017. (Art, Steven)
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Filing 10
SUMMONS Returned Executed by Johnnie Lee Savory as to Charles Edward Bowers on 1/24/2017, answer due 2/14/2017. (Art, Steven)
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Filing 9
SUMMONS Returned Executed by Johnnie Lee Savory as to Mary Ann Dunlavey on 1/23/2017, answer due 2/13/2017. (Art, Steven)
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Filing 8
SUMMONS Returned Executed by Johnnie Lee Savory as to Glen Perkins on 1/23/2017, answer due 2/13/2017. (Art, Steven)
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SUMMONS Issued as to Defendant Dennis Jenkins (pg, )
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SUMMONS Issued as to Defendants Allen Andrews, Charles Edward Bowers, Charles Cannon, Mary Ann Dunlavey, John Fiers, Walter Jatkowski, Harold Marteness, Glen Perkins, George Pinkney, John Stenson, Marcella Brown Teplitz, Carl Tiarks. (kms)
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Filing 7
ATTORNEY Appearance for Plaintiff Johnnie Lee Savory by G. Flint Taylor, Jr (Taylor, G.)
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SUMMONS Issued as to Defendant City of Peoria, Illinois (jp, )
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Filing 6
MINUTE entry before the Honorable Gary Feinerman:Initial status hearing set for 3/15/2017 at 9:00 a.m. Initial Status Report shall be filed by 3/8/2017. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov, to "District Judges," to "Judge Gary Feinerman," to "Initial Status Hearings" under Case Management Procedures) for details on the Initial Status Hearing and Initial Status Report.Mailed notice. (jlj, )
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Filing 5
ATTORNEY Appearance for Plaintiff Johnnie Lee Savory by Locke E. Bowman, III (Bowman, Locke)
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Filing 4
ATTORNEY Appearance for Plaintiff Johnnie Lee Savory by Arthur R. Loevy (Loevy, Arthur)
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Filing 3
ATTORNEY Appearance for Plaintiff Johnny Lee Savory by Jonathan I. Loevy (Loevy, Jonathan)
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Filing 2
ATTORNEY Appearance for Plaintiff Johnny Lee Savory by Steven Edwards Art (Art, Steven)
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Filing 1
COMPLAINT filed by Johnny Lee Savory; JURY DEMAND. Filing fee $ 400, receipt number 0752-12737806. (Attachments: #1 Civil Cover Sheet)(Art, Steven)
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CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Mary M. Rowland. (daj, )
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Case Reassigned to Judge Colleen R. Lawless. Chief Judge Sara Darrow no longer assigned to the case. (AH)