Waterman v. McFadden et al
| Nicole C Waterman |
| Vermilion County and Jane McFadden |
| 2:2024cv02163 |
| July 17, 2024 |
| U.S. District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Eric I Long |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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TEXT ORDER entered by Judge Colin S. Bruce on 9/5/2024. Defendants' Motion to File Reply to Plaintiff's Response in Opposition to Their Rule 12(b)(6) Motion to Dismiss #10 is DENIED. "District courts are entitled to 'considerable discretion in interpreting and applying their local rules[.]'" OSF Healthcare System v. Board of Trustees of SEIU Healthcare Illinois Home Care & Child Care Fund, 456 F.Supp.3d 1018, 1029 (C.D. Ill. 2020) (quoting Cuevas v. United States, 317 F.3d 751, 752 (7th Cir. 2003)). The Local Rules of this District dictate that "[n]o reply to the response is permitted without leave of Court." CDIL-LR 7.1(B)(3). "Typically, reply briefs are permitted if the party opposing a motion has introduced new and unexpected issues in his response to the motion, and the Court finds that a reply from the moving party would be helpful to its disposition of the motion; the Court does not typically permit the moving party to file a reply in order to introduce new arguments or evidence that could have been included in the motion itself, or to rehash the arguments made in motion." Shefts v. Petrakis, 2011 WL 5930469, at *8 (C.D. Ill. Nov. 29, 2011). Defendants make no argument that Plaintiff included any new or unexpected issues in her Response. Defendants argue that "Plaintiff's brief misunderstands the applicable law[,]" that Plaintiff quotes irrelevant Illinois statutes, and that the brief contains speculation. The court can assess the validity and legal basis of Plaintiff's assertions on the briefs already submitted by the parties. These are not grounds that support the filing of a reply. (RAH)
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| Filing 10 MOTION for Leave to File Defendants' Motion to File Reply to Plaintiff's Response in Opposition to Their Rule 12(B)(6) Motion to Dismiss by Defendants Jane McFadden, Vermilion County. Responses due by 9/18/2024 (Attachments: #1 Exhibit A)(Mathues, G) |
| Filing 9 MEMORANDUM Opposition to Motion to Dismiss re #5 MOTION to Dismiss by Nicole C Waterman. (Funderburg, Rochelle) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/20/2024. The Court has reviewed the parties' Report of Rule 26(f) Planning Meeting. This case is stayed pending the Court's ruling on the Motion to Dismiss. The Court directs the parties to file a proposed scheduling order within 14 days of the Court's ruling on the Motion to Dismiss. (FDS)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/20/2024. The Rule 16 Scheduling Conference set for 8/21/24 is VACATED.(FDS)
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| Filing 8 REPORT of Rule 26(f) Planning Meeting by Jane McFadden, Vermilion County. (Mathues, G) |
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TEXT ORDER entered by Judge Colin S. Bruce on 8/5/2024. Plaintiff's Unopposed Motion for Extension of Time #7 is GRANTED. Plaintiff's response to Defendants' Motion to Dismiss is now due August 27, 2024. (RAH)
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| Filing 7 MOTION for Extension of Time to File Response/Reply Motion to Dismiss by Plaintiff Nicole C Waterman. Responses due by 8/27/2024 (Funderburg, Rochelle) |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Dismiss filed by Defendants Jane McFadden, Vermilion County. (Mathues, G) |
| Filing 5 MOTION to Dismiss by Defendants Jane McFadden, Vermilion County. Responses due by 8/6/2024 (Mathues, G) |
| Filing 4 NOTICE of Appearance of Attorney by G David Mathues on behalf of Jane McFadden, Vermilion County (Mathues, G) |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 7/22/2024. Defense counsel filed a Notice of Appearance #2 in which he noted that he appeared for Rochelle A. Funderburg, who is counsel for Plaintiff. The Court strikes the Notice of Appearance #2 and directs Defense counsel to enter a corrected Notice of Appearance. (RAH)
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Filing 3
ORDER setting Rule 16 Scheduling Conference entered by Magistrate Judge Eric I. Long on 7/18/2024. This matter is scheduled for a Rule 16 Scheduling Conference by personal appearance before U.S. Magistrate Judge Eric I. Long on 8/21/2024 at 9:45 AM in Courtroom B, U.S. Courthouse, 201 South Vine Street, Urbana, Illinois. (RAH)
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| Filing 2 STRICKEN pursuant to Order entered 7/22/24 - NOTICE of Appearance of Attorney by G David Mathues on behalf of Jane McFadden, Vermilion County (Mathues, G) Modified on 7/22/2024 (RAH). |
| Filing 1 NOTICE OF REMOVAL from 5th Judicial District Court, Vermilion County, case number 24-LA-42 (Filing fee $ 405 receipt number AILCDC-4519292), filed by Vermilion County, Jane McFadden. (Attachments: #1 Exhibit A, #2 Exhibit B)(Mathues, G) (Additional attachment(s) added on 7/19/2024: #3 Civil Cover Sheet) (RAH). |
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