McFarland v. Kelly
| Tommy McFarland |
| Brendan Kelly |
| 2:2020cv02334 |
| November 24, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 27 MOTION to Stay re #23 MOTION to Certify Class (Unopposed) by Defendant Brendan Kelly. Responses due by 2/5/2021 (Dierkes, Michael) |
| Filing 26 MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Preliminary Injunction by Defendant Brendan Kelly. Responses due by 2/5/2021 (Dierkes, Michael) |
| Filing 25 CERTIFICATE of compliance with Rule 26(a)(1). (Dierkes, Michael) |
| Filing 24 MOTION for Preliminary Injunction by Plaintiff Tommy McFarland. Responses due by 1/22/2021 (Attachments: #1 Exhibit Declaration of McFarland)(Nicholas, Adele) |
| Filing 23 MOTION to Certify Class by Plaintiff Tommy McFarland. Responses due by 1/22/2021 (Attachments: #1 Exhibit Data From ISP Re: Current 10-Year Registrants)(Nicholas, Adele) |
Filing 22
TEXT ORDER entered by Magistrate Judge Eric I. Long on 12/16/2020. Pursuant to Central District of Illinois Amended General Order 20-01, In Re: COVID-19 Public Emergency, the court hereby vacates the Rule 16 Scheduling Conference set for 1/7/21. The court adopts the deadlines in the Parties' Agreed Report of Rule 26(f) Planning Meeting #10 . The following deadlines are set: initial disclosures due 1/14/21, amended pleadings and joinder of parties due 6/17/21, Plaintiff's deadline to disclose experts and provide expert reports is 8/19/21, Plaintiff shall make experts available for deposition by 9/19/21, Defendant's deadline to disclose experts and provide expert reports is 10/19/21, Defendant shall make experts available for deposition by 11/19/21, discovery closes 11/19/21, case dispositive motions due 1/17/22. Final Pretrial Conference set for 5/23/22 at 10:30 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial set for 6/14/22 at 9:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. The court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are reminded of option of Court sponsored mediation/Settlement Conference. The Court directs the Clerk to provide the parties with a copy of the Court's consent to magistrate judge form. A telephone status conference is set for 2/22/21 at 10:30 AM, before Magistrate Judge Eric I. Long. The Court will initiate the call.(JMB, ilcd)
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| Filing 21 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Tommy McFarland. (Nicholas, Adele) |
| Filing 20 CERTIFICATE OF SERVICE by Tommy McFarland (compliance with Rule 26(a)(1) (Nicholas, Adele) |
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Filing 19
ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 11/30/2020. Rule 16 Scheduling Conference set for 1/7/2021 at 10:45 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. See written order. (JMB, ilcd)
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| Filing 18 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-04145. . |
| Filing 17 TRANSFERRED to the Central District of Illinois the electronic record. (lma, ) |
| Filing 16 MINUTE entry before the Honorable Sharon Johnson Coleman: Because the parties agree that venue is proper in the Central District of Illinois and the Court concludes that transfer is in the interest of justice, the Court transfers this lawsuit to the Central District of Illinois pursuant to 28 U.S.C. 1406(a). Defendant's motion to dismiss for improper venue is denied as moot #13 . Mailed notice. (ym, ) |
| Filing 15 RESPONSE by Tommy McFarland to MOTION by Defendant Brendan Kelly to dismiss for improper venue #13 (Nicholas, Adele D.) |
| Filing 14 MINUTE entry before the Honorable Sharon Johnson Coleman: Plaintiff to file a response to defendant's motion to dismiss #13 by 11/4/2020. Defendant's reply to be filed by 11/18/2020. Once the mater is fully briefed, the Court shall take it under advisement. Mailed notice. (ym, ) |
| Filing 13 MOTION by Defendant Brendan Kelly to dismiss for improper venue (Attachments: #1 Exhibit A)(Dworkin, Hal) |
| Filing 12 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant's motion for leave to file motion to dismiss instanter #11 is granted. Response to the motion to dismiss to be filed by 11/6/2020. Reply to be filed by 11/20/2020. Once the matter is fully briefed, the Court shall take it under advisement. Mailed notice. (ym, ) |
| Filing 11 MOTION by Defendant Brendan Kelly for leave to file instanter Motion to Dismiss (unopposed) (Attachments: #1 Exhibit 1 - Motion to Dismiss for Improper Venue, #2 Exhibit A to Motion to Dismiss)(Dworkin, Hal) |
| Filing 10 ATTORNEY Appearance for Defendant Brendan Kelly by Hal Dworkin (Dworkin, Hal) |
| Filing 9 MINUTE entry before the Honorable Sharon Johnson Coleman: Defendant's unopposed motion for extension of time to respond to plaintiff's complaint #8 is granted. Responsive pleading to be filed by 10/8/2020. Mailed notice. (ym, ) |
| Filing 8 MOTION by Defendant Brendan Kelly for extension of time to respond to complaint (unopposed) (Dierkes, Michael) |
| Filing 7 ATTORNEY Appearance for Defendant Brendan Kelly by Michael T. Dierkes (Dierkes, Michael) |
| Filing 6 WAIVER OF SERVICE returned executed by Tommy McFarland. Brendan Kelly waiver sent on 7/15/2020, answer due 9/14/2020. (ph, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Tommy McFarland by Mark G. Weinberg (Weinberg, Mark) |
| Filing 4 WAIVER OF SERVICE returned executed by Tommy McFarland. Brendan Kelly waiver sent on 7/15/2020, answer due 9/14/2020. (Nicholas, Adele D.) |
| Filing 2 ATTORNEY Appearance for Plaintiff Tommy McFarland by Adele D. Nicholas (Nicholas, Adele D.) |
| Filing 1 COMPLAINT filed by Tommy McFarland; Filing fee $ 400, receipt number 0752-17215722. (Attachments: #1 Civil Cover Sheet)(Nicholas, Adele D.) |
| CASE ASSIGNED to the Honorable Sharon Johnson Coleman. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (gw, ) |
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Filing 3
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 (ph, )
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| Plaintiff: Tommy McFarland | |
| Represented By: | Adele D Nicholas |
| Represented By: | Mark G Weinberg |
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| Defendant: Brendan Kelly | |
| Represented By: | Hal Brandon Dworkin |
| Represented By: | Michael Thomas Dierkes |
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