Noonan et al v. Harrington
Dennis Noonan and Lana Noonan |
Thomas Harrington |
3:2009cv03191 |
July 29, 2009 |
US District Court for the Central District of Illinois |
Springfield Office |
XX US, Outside State |
Byron G Cudmore |
Michael P McCuskey |
P.I.: Other |
28 U.S.C. § 1332 Diversity-Personal Injury |
None |
Docket Report
This docket was last retrieved on August 26, 2011. A more recent docket listing may be available from PACER.
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Filing 90 MANDATE of USCA as to #83 Notice of Appeal filed by Dennis Noonan, voluntarily dismissing appeal pursuant to FRAP 42(b) (CC, ilcd) |
Filing 89 Receipt for the Court of Appeals for the ROA. (CT, ilcd) |
Filing 88 Request from USCA for Long Record re #83 Notice of Appeal. (CT, ilcd) |
Certified and Transmitted Record on Appeal to US Court of Appeals re #83 Notice of Appeal via US mail. (ROA provided on 1 CD.) (CT, ilcd) |
Filing 87 NOTICE of Docketing Record on Appeal from USCA re #83 Notice of Appeal filed by Dennis Noonan. USCA Case Number 10-3341 (CT, ilcd) |
Filing 86 Short Record of Appeal Sent to US Court of Appeals re #83 Notice of Appeal (MJ, ilcd) |
Filing 85 DOCKETING STATEMENT by Dennis Noonan re #83 Notice of Appeal (Allison, William) |
Filing 84 DESIGNATION of Record on Appeal by Dennis Noonan re #83 Notice of Appeal (Allison, William) |
Filing 83 NOTICE OF APPEAL by Dennis Noonan. (Allison, William) |
Appeal Filing fee: $ 455, receipt number 34626003053, Springfield, IL, office. (CT, ilcd) |
Filing 82 JUDGMENT in favor of Defendant and against Plaintiffs. (DM, ilcd) |
Filing 81 OPINION entered by Chief Judge Michael P. McCuskey on 09/16/2010. SEE WRITTEN OPINION. Defendant's Amended Motion for Summary Judgment (#73) is GRANTED. This case is terminated. (DM, ilcd) |
Filing 80 CERTIFICATE OF SERVICE for Order to Show Cause as to Worden Martin. (CT, ilcd) |
Filing 79 NOTICE to Take Deposition of Worden-Martin on September 16, 2009 by Plaintiff Dennis Noonan.(Allison, William) |
TEXT ORDER entered by Chief Judge Michael P. McCuskey on 8/17/2010. Pursuant to the #79 Notice of Compliance with Deposition for Documents of Worden-Martin, Inc., filed by the Plaintiff, the show cause hearing set for 8/19/2010, at 1:00 p.m., is VACATED. (MB, ilcd) |
TEXT ORDER by Magistrate Judge Byron Cudmore: Pursuant to Notice of Compliance with Deposition for Documents of Worden-Martin, Inc. #79 , Plaintiffs' Motion to Find Worden-Martin, Inc. in Contempt of Court #75 DENIED AS MOOT. (LB, ilcd) |
Filing 78 ORDER TO SHOW CAUSE Show Cause Hearing set for 8/19/2010 01:00 PM in Courtroom A in Urbana before Chief Judge Michael P. McCuskey. Entered by Magistrate Judge Byron G. Cudmore on 8/3/2010. (CT, ilcd) |
Filing 77 CERTIFICATE - Entered by Magistrate Judge Byron G. Cudmore on 8/3/2010. Certifying defendant's, Worden-Martin, failure to comply with the orders of this Court. (CT, ilcd) |
Filing 76 REPLY to Response to Motion re #73 Amended MOTION for Summary Judgment filed by Defendant Thomas Harrington. (Attachments: #1 Exhibit)(Bailie, David) |
Filing 75 MOTION re #62 Motion to Enforce Subpoena by Plaintiff Dennis Noonan. Responses due by 7/23/2010 (Allison, William) |
TEXT ORDER by Magistrate Judge Byron Cudmore: Clerk directed to send a copy of Plaintiff's Motion to Find Worden-Martin, Inc. in Contempt of Court #75 to Worden-Martin c/o Allen Verchota, Tummelson Law Firm, 115 N. Broadway Ave., Urbana, IL 61803. Non-Party Worden-Martin, Inc. to file a response to Motion #75 by 7/23/2010. (LB, ilcd) |
REMARK: Copy of Judge Cudmore's Text Order of 7/6/2010 sent this date via U.S. Mail to Worden-Martin c/o Allen Verchota, Tummelson Law Firm, 115 N. Broadway Ave., Urbana, IL 61803. (LB, ilcd) |
Filing 74 RESPONSE to Motion re #73 Amended MOTION for Summary Judgment Plaintiffs' Response to Defendant's Motion for Summary Judgment filed by Plaintiff Dennis Noonan. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Allison, William) |
TEXT ORDER entered by Chief Judge Michael P. McCuskey on 6/22/2010. This case is reassigned to Chief Judge Michael P. McCuskey for further proceedings. The case will remain a Springfield Division case, and the referral to Judge Cudmore remains the same. (MB, ilcd) |
Case Reassigned to Chief Judge Michael P. McCuskey. Judge Jeanne E. Scott no longer assigned to the case. (BH, ilcd) |
Filing 73 Amended MOTION for Summary Judgment by Defendant Thomas Harrington. Responses due by 7/2/2010 (Attachments: #1 Exhibit)(Bailie, David) |
TEXT ORDER: Defendant's Motion for Leave to Amend Format of Motion for Summary Judgment Filed May 14, 2010 (d/e 69) (Motion) is ALLOWED. Defendant is directed to file the proposed Amended Motion for Summary Judgment (Amendment) attached to the Motion by June 8, 2010. Plaintiff is directed to respond in the manner and in the time frame set forth in the Local Rules. Plaintiff's Motion to Strike Defendant's Motion for Summary Judgment (d/e 67) is DENIED as moot, with leave to re-file should Defendant fail to file the Amendment by June 8, 2010. In light of the pending summary judgment motion and the anticipated retirement of Judge Scott, the pretrial conference set for July 12, 2010, and the trial set for July 13, 2010, are canceled, and this matter is referred to Chief Judge McCuskey for reassignment. Entered by Judge Jeanne E. Scott on 6/7/2010. (CC, ilcd) |
Filing 72 REPLY to Response to Motion re #65 MOTION for Summary Judgment filed by Plaintiff Dennis Noonan. (Allison, William) |
TEXT ORDER by Magistrate Judge Byron Cudmore: Non-party Worden-Martin was directed to file a response to Plaintiffs' Motion to Enforce Subpoena #62 by 5/28/2010. No timely response has been filed, therefore Plaintiffs' Motion #62 is ALLOWED. Non-party Worden-Martin directed to comply with subpoena and deliver documents requested by 6/15/2010. Copy of this Text Order to be sent to Worden-Martin c/o Allen Verchota, Tummelson Law Firm, 115 N. Broadway Ave., Urbana, IL 61803. Entered by Judge Cudmore on 6/2/2010. (LB, ilcd) |
Filing 71 ANSWER to #1 Complaint Answer to Count III of Complaint by Thomas Harrington.(Bailie, David) |
Filing 70 REPLY to Response to Motion re #67 MOTION to Strike #65 MOTION for Summary Judgment, #66 Memorandum filed by Defendant Thomas Harrington. (Bailie, David) |
Filing 69 MOTION for Leave to File Amended Motion for Summary Judgment by Defendant Thomas Harrington. Responses due by 6/7/2010 (Attachments: #1 Exhibit)(Bailie, David) |
Filing 68 MEMORANDUM of Law in Support of Motion to Strike #67 Motion for Summary Judgment #65 and Memorandum #66 by Plaintiff Dennis Noonan. Responses due by 6/7/2010 (Allison, William) Modified on 5/19/2010 (ME, ilcd). |
Filing 67 MOTION to Strike #65 MOTION for Summary Judgment, #66 Memorandum by Plaintiff Dennis Noonan. Responses due by 6/7/2010 (Allison, William) |
Notice of Docket Text or Event Modification re #68 : Document erroneously efiled as a Motion. Motion terminated. Text corrected to reflect "Memorandum of Law in Support of Motion to Strike #67 Motion for Summary Judgment #65 and Memorandum #66 ." NEF regenerated. (ME, ilcd) |
TEXT ORDER by Magistrate Judge Byron Cudmore:Before the Court is Motion to Enforce Subpoena #62 which was incorrectly filed as a Notice of Deposition. Non-Party Worden-Martin to file response to Plaintiffs Motion to Enforce Subpoena #62 by 5/28/2010. Copy of this Text Order to be sent to Worden-Martin c/o Allen Verchota, Tummelson Law Firm, 115 N. Broadway Ave., Urbana, IL 61803. (Clerk is directed to correct d/e 62 so it will reflect properly as a motion.) Entered by Magistrate Judge Byron G. Cudmore on 5/18/2010. (CT, ilcd) |
Filing 66 MEMORANDUM in Support of re #65 MOTION for Summary Judgment by Thomas Harrington. (Bailie, David) |
Filing 65 MOTION for Summary Judgment by Defendant Thomas Harrington. Responses due by 6/7/2010 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Bailie, David) |
Filing 64 ORDER granting in part and denying in part #56 Motion to Dismiss. Entered by Judge Jeanne E. Scott on 5/5/2010. (CT, ilcd) |
TEXT ORDER: Plaintiffs' Request to Correct an Error in Their Response to Defendant1s Motion to Dismiss or Strike (d/e 61) (Motion) is ALLOWED. The Plaintiffs Answer to Defendant's Motion to Dismiss or Strike Count III (d/e 59) is deemed to be corrected in the manner set forth in the Motion.(CT, ilcd) |
Filing 63 NOTICE to Take Deposition of Marc Ansel on May 4, 2010 (Allison, William) |
Filing 62 MOTION TO ENFORCE SUBPOENA (filed as NOTICE to Take Deposition of Worden-Martin on 3/30/2010) (Allison, William) Modified on 5/18/2010 (CT, ilcd). |
Filing 61 RESPONSE to Motion re #56 MOTION to Dismiss and/or Strike Count III Plaintiffs Answer to Defendant's Motion to Dismiss or Strike Count III filed by Plaintiff Dennis Noonan. (Allison, William) |
Filing 60 NOTICE to Take Deposition of Neil Gerber on April 14, 2010 (Allison, William) |
Filing 59 RESPONSE to Motion re #56 MOTION to Dismiss and/or Strike Count III Plaintiffs' Answer to Defendant's Motion to Dismiss or Strike Count III filed by Plaintiff Dennis Noonan. (Allison, William) |
Filing 58 CERTIFICATE OF SERVICE by Thomas Harrington of Defendant's Rule 26 Disclosure of Second Expert Witness (Bailie, David) |
Filing 57 MEMORANDUM in Support of re #56 MOTION to Dismiss and/or Strike Count III by Thomas Harrington. (Bailie, David) |
Filing 56 MOTION to Dismiss and/or Strike Count III by Defendant Thomas Harrington. Responses due by 4/16/2010 (Bailie, David) |
Filing 55 NOTICE to Take Deposition of Leonard Gross on April 8, 2010 (Bailie, David) |
Filing 54 NOTICE to Take Deposition of Leoanrd Gross on April 8, 2010 (Bailie, David) |
Filing 53 CERTIFICATE OF SERVICE by Thomas Harrington of Defendant's Rule 26 Disclosure of First Expert Witness (Bailie, David) |
Filing 52 NOTICE Notice of Service of Discovery Docments Supplemental Affidavit of Professor Leonard Gross (Allison, William) |
Filing 51 CERTIFICATE of Service/Counsel Plaintiffs Supp Disclosure of Documents by William A Allison on behalf of Dennis Noonan, Lana Noonan (Allison, William) |
Filing 50 Count III to Complaint by Plaintiffs Dennis Noonan, Lana Noonan. (CC, ilcd) |
TEXT ORDER by Magistrate Judge Byron Cudmore: Defendant's Motion to Vacate Dispositive Motion Deadline #47 ALLOWED as the Court has just allowed Plaintiffs to file an amended complaint by adding Count III (see #46 ). Dispositive motions deadline is vacated and reset to 5/15/2010. All other deadlines remain as scheduled. (LB, ilcd) |
TEXT ORDER by Magistrate Judge Byron Cudmore: Based upon Response #49 , Plaintiffs' Motion for Leave to Amend #46 is ALLOWED without objection. Clerk directed to file Count III attached to Motion as [46-1]. Defendant to answer or otherwise plead by 3/31/2010. (LB, ilcd) |
Filing 49 RESPONSE to Motion re #46 First MOTION to Amend/Correct #1 Complaint filed by Defendant Thomas Harrington. (Bailie, David) |
Filing 48 NOTICE of Service of Discovery Documents (Allison, William) |
TEXT ORDER by Magistrate Judge Byron G. Cudmore: Pursuant to the parties' oral request, telephonic hearing set 3/18/2010 at 10:00 a.m. CANCELLED. (LB, ilcd) |
TEXT ORDER by Magistrate Judge Byron G. Cudmore. Telephone conference scheduled 3/18/2010 at 10:00 a.m. concerning First Motion for Leave to Amend Complaint #46 . Court to place conference call. (ME, ilcd) |
Filing 47 MOTION to Vacate Deadline of April 1, 2010 to File Dispositive Motions by Defendant Thomas Harrington. Responses due by 3/22/2010 (Bailie, David) |
Filing 46 First MOTION to Amend/Correct #1 Complaint by Plaintiff Dennis Noonan. Responses due by 3/22/2010 (Attachments: #1 Supplement Amended Complaint)(Allison, William) |
TEXT ORDER by Magistrate Judge Byron Cudmore: Defendant's Motion for Extension of Time to Disclose Expert Witnesses #45 ALLOWED. Defendant's expert disclosure deadline extended to 4/1/2010 and the completion of depositions of expert witnesses extended to 5/1/2010. Dispositive motion deadline extended by the Court sua sponte to 5/1/2010. (LB, ilcd) |
Filing 45 MOTION for Extension of Time to Complete Discovery by Defendant Thomas Harrington. Responses due by 3/1/2010 (Bailie, David) |
Filing 44 NOTICE to Take Deposition of Leonard Gross on March 18, 2010 (Bailie, David) |
Filing 43 NOTICE to Take Deposition of Dennis Knobloch on February 26, 2010 (Bailie, David) |
Filing 42 CERTIFICATE OF SERVICE PLAINTIFF'S RULE 26 DISCLOSURE OF EXPERT TESTIMONY. (Allison, William) |
Filing 41 CERTIFICATE OF SERVICE by Thomas Harrington (Bailie, David) |
Filing 40 NOTICE to Take Deposition of Lloyd Worden on November 18, 2009 (Bailie, David) |
Filing 39 NOTICE of Service of Discovery Documents (Interrogatories) (Allison, William) |
Filing 38 CERTIFICATE of Service/Counsel by David A Bailie on behalf of Thomas Harrington (Bailie, David) |
Filing 37 NOTICE to Take Deposition of Philip Knox on November 3, 2009 (Allison, William) |
Filing 36 NOTICE Certificate of Service of Plaintiffs' Second Supp Rule 26 Disclosure (Allison, William) |
Filing 35 NOTICE to Take Deposition of Lloyd Worden on October 27, 2009 (Bailie, David) |
Filing 34 NOTICE to Take Deposition of Philip Knox on November 5, 2009 (Allison, William) |
Filing 33 NOTICE to Take Deposition of David Sholem on November 4, 2009 (Allison, William) |
Filing 32 NOTICE to Take Deposition of Wayne Weber on October 16, 2009 (Allison, William) |
Filing 31 CERTIFICATE of Service/Counsel Notice of Service Discovery Documens Pfs First Supplement to Rule 26 by William A Allison on behalf of all plaintiffs (Allison, William) |
Filing 30 CERTIFICATE of Service/Counsel by David A Bailie on behalf of Thomas Harrington (Bailie, David) |
Filing 29 CERTIFICATE of Service/Counsel by David A Bailie on behalf of Thomas Harrington (Bailie, David) |
Filing 28 CERTIFICATE of Service/Counsel by David A Bailie on behalf of Thomas Harrington (Bailie, David) |
Filing 27 CERTIFICATE Certificate of Compliance. (Allison, William) |
Filing 26 NOTICE to Take Deposition of Lana Noonan on September 22, 2009 (Bailie, David) |
Filing 25 SCHEDULING ORDER: Attorneys William A. Allison and David A. Bailie present by telephone for Rule 16 conference; Same held at 3:30 PM on 9/3/2009; SCHEDULING TIME LIMITS ORDERED: Amended Pleadings due by 4/30/2010. Discovery due by 1/1/2010. Defendant`s Expert Disclosure due by 3/1/2010. Plaintiff`s Expert Disclosure due by 2/1/2010. Expert Discovery due by 4/15/2010. Joinder of Parties due by 4/30/2010. Dispositive Motions due by 4/1/2010. Final Pretrial Conference set 7/12/2010 at 1:00 PM before U.S. District Judge Jeanne E. Scott. Bench Trial set 7/13/2010 at 9:00 AM before Judge Scott. See written order entered by U.S. Magistrate Judge Byron G. Cudmore on 9/3/09. (Attachments: #1 Courtroom Technology Brochure, #2 Mediation Memorandum) (LB, ilcd) |
MINUTE ENTRY for proceedings held before Magistrate Judge Byron G. Cudmore: Scheduling Conference held on 9/3/2009. Written Scheduling Order to follow. (LB, ilcd) |
Filing 24 NOTICE to Take Deposition of Worden-Martin Corp. on Sept 16, 2009 (Allison, William) |
Filing 23 CERTIFICATE of Service/Counsel by David A Bailie on behalf of Thomas Harrington (Bailie, David) |
Filing 22 DISCOVERY PLAN - PROPOSED by Dennis Noonan. (Allison, William) |
Filing 21 NOTICE to Take Deposition of George Shapland and Thomas Harrington on September 23, 2009 (Allison, William) |
Filing 20 NOTICE to Take Deposition of DENNIS NOONAN on September 22, 2009 (Bailie, David) |
Filing 19 NOTICE of Service of Discovery Documents (Request to Produce) (Allison, William) |
TEXT ORDER by Magistrate Judge Byron Cudmore: Defendant's Motion for Enlargement of Time to Answer #17 DENIED as moot. (LB, ilcd) |
NOTICE OF HEARING: Rule 16 Scheduling Conference set for Thursday, 9/3/2009, at 3:30 PM by telephone (court will place call) before Magistrate Judge Byron G. Cudmore. The Court has reviewed Parties Rule 26(f) Discovery Plan #15 . The parties are directed to submit a supplemental plan with proposed deadlines for discovery, expert discovery, and dispositive motions to the Court on or before 9/1/2009. Such a supplemental plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(E) with proposed deadlines. If a supplemental discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB, ilcd) |
Filing 18 ANSWER to Complaint Count I by Defendant Thomas Harrington.(Bailie, David) |
Case transferred in from Urbana Division (08-2282) on 07/29/2009. (CC, ilcd) |
ORDER REASSIGNING CASE Entered by Chief Judge Michael P. McCuskey on 7/29/09. Case reassigned to Judge Jeanne Scott for further proceedings.(KW, ilcd) |
TEXT ORDER entered by Chief Judge Michael P. McCuskey on 7/29/09. Pursuant to 28 U.S.C. 455(a), I hereby recuse myself from this case. Therefore, this case is reassigned to Judge Jeanne Scott for further proceedings. (MB, ilcd) |
Filing 17 MOTION for Extension of Time to File Answer by Defendant Thomas Harrington. Responses due by 8/14/2009 (Bailie, David) |
Filing 16 ORDER Entered by Judge Harold A. Baker on 7/17/09. The motion to dismiss #7 is granted in part and denied in part. This Court DENIES the defendants motion to dismiss Count I and GRANTS the defendants motion to dismiss Count II. The motion for a more definite statement #7 is DENIED. The defendant shall file an answer to Count I within fourteen days of the date of this order. Accordingly, the District Clerk is directed to transfer this case to Chief District Judge McCuskey for reassignment to a different judicial officer within the district. See written order.(KW, ilcd) |
Set/Reset Deadlines: Thomas Harrington answer due 7/31/2009. (KW, ilcd) |
Filing 15 DISCOVERY PLAN - PROPOSED by Dennis Noonan. (Allison, William) |
TEXT ORDER entered by Judge Harold A. Baker on 4/23/2009. The plaintiffs have scheduled the deposition of the defendant. The defendant has filed a motion to quash notice of deposition #14 . He asks that the notice be quashed until after the court has ruled on the pending motion to dismiss. The motion to quash #14 is granted. The court will rule on the motion to dismiss in due course. After the court rules on that motion, the court will issue supplemental orders as needed, consistent with the Federal Rules of Civil Procedure, and specifically as to Rules 16 and 26. Rule 26(d)(1) specifies, "A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f)[.]" The parties have not been ordered to confer pursuant to Rule 26(f), and there is nothing in the docket to reflect that the parties have so conferred. (MT, ilcd) |
Filing 14 MOTION to Quash Notice of Deposition by Defendant Thomas Harrington. Responses due by 5/11/2009 (Attachments: #1 Exhibit, #2 Exhibit)(Bailie, David) |
Filing 13 CERTIFICATE of Service/Counsel Notice of Deposition of Thomas Harrington by William A Allison on behalf of all plaintiffs (Allison, William) |
Filing 12 CERTIFICATE of Service/Counsel plaintiff has complied with initial disclosure requirements by William A Allison on behalf of all plaintiffs (Allison, William) |
Filing 11 CERTIFICATE OF SERVICE by Thomas Harrington (Bailie, David) |
Filing 10 CERTIFICATE OF SERVICE by Thomas Harrington (Bailie, David) |
Filing 9 RESPONSE to Motion re #7 MOTION to Dismiss filed by Plaintiff Dennis Noonan. (Allison, William) |
Filing 8 MEMORANDUM in Support of Motion to Dismiss by Thomas Harrington. (Bailie, David) |
Filing 7 MOTION to Dismiss by Defendant Thomas Harrington. Responses due by 1/22/2009 (Bailie, David) |
Filing 6 AFFIDAVIT of Service for Affidavit of Service Summons and Complaint served on Thomas Harrington on 11/21/2008, filed by Dennis Noonan. (Allison, William) |
Filing 5 MOTION for Extension of Time to File Answer by Defendant Thomas Harrington. Responses due by 12/18/2008 (Bailie, David) |
Filing 4 NOTICE of Appearance of Attorney by David A Bailie on behalf of Thomas Harrington (Bailie, David) |
TEXT ORDER Entered by Judge Harold A. Baker on 12/1/08. The defendant has filed a motion for extension of time to file a response to the plaintiffs complaint. The motion #5 is granted. The defendant shall respond to the plaintiffs complaint on or before January 5, 2009. (KW, ilcd) |
Filing 3 First MOTION to Amend/Correct #1 Complaint by Plaintiff Dennis Noonan. Responses due by 12/12/2008 (Attachments: #1 Exhibit)(Allison, William) |
TEXT ORDER Entered by Judge Harold A. Baker on 11/25/08. The plaintiffs have filed a motion for leave to amend their complaint. Since no responsive pleading has been filed, the plaintiffs may amend their complaint once as a matter of course. See Fed. R. Civ. P. 15(a)(1)(A). The motion #3 is granted. The plaintiffs shall file their amended pleading within seven days of the date of this order. (KW, ilcd) |
Set Deadlines: Miscellaneous Deadline 12/2/2008 for amended complaint (KW, ilcd) |
Filing 2 Summons Issued as to Thomas Harrington and returned to plaintiff's attorney for service. (MT, ilcd) |
Filing 1 COMPLAINT against Thomas Harrington (Filing fee $350)(Receipt #24626000518), filed by Dennis Noonan, Lana Noonan.(SLJ, ilcd) |
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