Nuzzi et al v. St George Community Consolidated School District No 258 et al
| 2:2007cv02239 |
| December 17, 2007 |
| US District Court for the Central District of Illinois |
| Civil Rights: Other Office |
| David G. Bernthal |
| Michael P. McCuskey |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
173
OPINION entered by Chief Judge Michael P. McCuskey on 2/23/2010. This case is terminated. See written Opinion. (MT, ilcd)
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Filing
36
ORDER ADOPTING REPORT AND RECOMMENDATIONS entered by Chief U.S. District Judge Michael P. McCuskey on 10/21/08 re 33 Report and Recommendations and 24 Motion to Dismiss. (1) The Report and Recommendation 33 is accepted by this court. (2) Defen dants' Motion to Dismiss Plaintiffs' Third Amended Complaint 24 is GRANTED in part and DENIED in part. (3) Plaintiffs' prayer for relief for their Open Meetings Act claim is stricken as to monetary damages. (4) plaintiffs' cou nsel is allowed fourteen (14) days to show cause why sanctions should not be imposed for filing a FOIA claim which did not include a single allegation related to a possible FOIA claim. (5) The following claims in Plaintiffs' Third Amended Compl aint are hereby dismissed: (1) the FMLA claims in Counts I and II against the individual Defendants in their official capacities; (2) the Whistleblower Act claims in Count IV; (3) the common law retaliation claims in Count V; (4) the FOIA claim in Co unt VII; (5) the constitutional claims in Count VIII; and (6) the RICO claims in Count IX. Plaintiffs are allowed fourteen (14) days to file an amended complaint to state claims related to the FMLA, the First and Fourteenth Amendments, RICO, the Whi stleblower Act, and the FOIA. However, Plaintiffs' common law retaliation claims in Count V are dismissed with prejudice. (6) The following claims in Plaintiffs' Third Amended Complaint remain pending: (1) the FMLA claims in Counts I and II against Defendant St. George and the individual Defendants in their individual capacities; (2) the Title VII claim in Count III; (3) the Open Meetings Act claim in Count VI; and (4) the breach of contract claims in Counts X and XI (which were not challenged in Defendants' Motion to Dismiss). (7) This case is referred to Judge Bernthal for further proceedings. (Miscellaneous Deadline 11/4/2008) (MT, ilcd) Modified on 11/25/2008 to correct Judge entering the order. (MT, ilcd).
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Filing
33
REPORT AND RECOMMENDATIONS Entered by Magistrate Judge David G. Bernthal on 9/30/08. re 24 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Richard Reyes, St George Community Consolidated School District No 258, Sharon Th iesen, Darrell Pendleton, Mark Grosso, Peter Dubravec, William Bodemer. Court recommends that defendants' motion to dismiss plaintiffs' third amended complaint 24 be granted. Objections to R&R due by 10/20/2008. See written report and recommendations.(KW, ilcd) Modified on 9/30/2008 (KW, ilcd).
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