Murray v. Nationwide Better Health et al
| Sharon Murray |
| Nationwide Better Health, Barbara Ley and Cynthia Northrup |
| 3:2010cv03262 |
| October 8, 2010 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| Sangamon |
| Charles H. Evans |
| Joe Billy McDade |
| Employee Retirement Income Security Act of 1974 |
| 29 U.S.C. ยง 2601 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
362
OPINION entered by Judge Sue E. Myerscough on 01/07/2014. SEE WRITTEN OPINION. The Motion for Summary Judgment and Other Relief filed by Defendants Nationwide Better Health, Cynthia Northrup, and Barbara Ley (d/e 108 ) is GRANTED IN PART. Defen dants are entitled to summary judgment on Plaintiff's federal claims under the FMLA, ERISA, Constitutional claims, and perjury claims. The Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims. The state law claims are DISMISSED WITHOUT PREJUDICE. Because Plaintiff is indigent, each party shall bear her or its own costs. CASE CLOSED. (DM, ilcd)
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Filing
356
OPINION entered by Judge Sue E. Myerscough on 08/06/2013. SEE WRITTEN OPINION. Because Plaintiff improperly filed discovery material in violation of Local Rule 26.3, the Court directs the Clerk of the Court to STRIKE (d/e 345 ). Plaintiff's Objection (d/e 348 ) to Magistrate Judge Cudmore's June 4, 2013 Text Order sealing (d/e 345 ) is therefore DENIED AS MOOT. (DM, ilcd)
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Filing
355
OPINION by U.S. Magistrate Judge Byron Cudmore: Plaintiff's Combined Motion 350 and Defendants' Motion 352 ALLOWED in part and DENIED in part. Plaintiff is given an extension of time until 10/31/2013 to respond to the pending Summary Judgment Motion 108 . See written order. (LB, ilcd)
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Filing
321
OPINION: Plaintiff's Motion For Change in Venue (d/e 317 ) is DENIED. Entered by Judge Sue E. Myerscough on 9/28/12. (ME, ilcd)
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Filing
316
OPINION entered by Judge Sue E. Myerscough on 08/24/2012. SEE WRITTEN OPINION. Plaintiff's Objections (d/e 310 ) are DENIED and Defendants' Objection (d/e 312 ) is GRANTED. Judge Cudmore's July 19, 2012 Order (d/e 308 ) is modi fied to permit defense counsel to confer with Northrup during the deposition under the parameters set forth in this Opinion. The remainder of Judge Cudmore's Order is affirmed. (DM, ilcd) (Main Document 316 replaced on 8/24/2012--Judge's electronic signature converted incorrectly into PDF--replaced with "good" signature) (DM, ilcd).
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Filing
275
OPINION entered by Judge Sue E. Myerscough on 04/25/2012. SEE WRITTEN OPINION. Plaintiff's Objections 250 to Judge Cudmore's Opinions d/e 228 , 229 , 230 , are DENIED. (DM, ilcd)
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Filing
229
OPINION by U.S. Magistrate Judge Byron Cudmore: Plaintiff's Motion for Protection Order for a Witness Motion for Leave to File Document Under Seal 208 is DENIED. Pursuant to Local Rule 5.10(A)(4), the sealed document 217 shall remain sealed and will not be considered by this Court for any purpose. See written order. (LB, ilcd)
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Filing
228
OPINION by U.S. Magistrate Judge Byron Cudmore: Plaintiff's Motion to Recuse Honorable United States Magistrate Judge Byron G. Cudmore for His Personal Interest In This Case, Prejudice and Bias Against This Pro Se Plaintiff Pursuant to 28 U.S.C. §§ 144, 455 209 is DENIED. See written order. (LB, ilcd)
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Filing
205
OPINION by U.S. Magistrate Judge Byron Cudmore: Plaintiff Sharon Murray's Motion for Leave to Amend Complaint and Joinder of Parties 158 DENIED. See written order. (LB, ilcd)
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Filing
203
OPINION (See Written Opinion): IT IS THEREFORE ORDERED that Plaintiff's Appeal (d/e 196) is DENIED, Judge Cudmore's Text Report and Recommendation is ADOPTED, and Plaintiff's Motion (d/e 180) is DENIED. Entered by Judge Sue E. Myerscough on 01/04/2012. (VM, ilcd)
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Filing
194
OPINION entered by Judge Sue E. Myerscough on 11/22/2011. SEE WRITTEN OPINION. Because Judge Cudmore's Opinion was neither clearly erroneous nor contrary to law, the objections (d/e 182, d/e 183) are OVERRULED and Judge Cudmore's October 31, 2011 Opinion (d/e 181) is AFFIRMED. Defendants shall file a response to Plaintiff's Motion for Leave to Amend Complaint and Joinder of Parties (d/e 158) on or before December 7, 2011. (DM, ilcd)
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Filing
181
OPINION by U.S. Magistrate Judge Byron Cudmore: Plaintiff Sharon Murray's Motion to Compel Pursuant to FRCP 37 and Notice of Motion 153 , Non-party AT&T Mobility LLC's Renewed Motion for Protective Order 155 , Plaintiff's Motion for Sanctions and Adverse Jury Instruction and Impose an adverse-inference Instruction Against The Defendants Due to Defendant's Willful Spoilation of Evidence and Willful Violation Of This Court's Order to "preserve all documents related to and reasonable related to plaintiff's claim" entered in 08-cv-3159 on Oct. 15, 2008 and Fed. R. Civ. Proc. 37 Memorandum 168 , Plaintiff's Renewed Motion For Court Appointed Counsel 170 , and Non-party AT&T Mobility's Supplem ent to Its Renewed Motion for Protective Order 179 are DENIED. The Court reserves ruling on Plaintiff's Motion for Leave to Amend Complaint and Joinder of Parties 158 . The Defendants are given until November 18, 2011, to respond to Motion 158 . See written order entered by Judge Cudmore on 10/31/2011. (LB, ilcd)
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Filing
171
OPINION entered by Judge Sue E. Myerscough on 9/28/2011. Plaintiff's objections are OVERRULED (d/e 151) and Judge Cudmore's August 31, 2011 Opinion (d/e 150) is AFFIRMED. The limited discovery directed by this Court in the July 11, 2011 Opinion shall be completed by November 21, 2011. Plaintiff shall file any additional response to Defendants' Motion for Summary Judgment by December 12, 2011. Defendants shall file a reply by December 27, 2011. (MAS, ilcd)
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Filing
150
OPINION by U.S. Magistrate Judge Byron Cudmore: Plaintiff's Motion for Relief and Appropriate Action 137 DENIED; Plaintiff's Motion to Take Deposition of Nancy Wells (VanScyoc) and Gaye Ann Pusch in Open Court for the Earliest Date Availa ble For This Court, and Local Rule 6.1, Motion for Extension of time to Amend Complaint and Joinder of Additional Parties to be Due No Less Than 21 Days After the Depositions 138 ALLOWED in part and DENIED in part; Non-Party Witnesses' Motion for Protective Order 143 ALLOWED in part and DENIED in part; and Defendants' Motion to Limit Plaintiff's Discovery Consistent with the Court's July 11, 2011, Opinion 145 ALLOWED in part and DENIED in part. All requests for sanctions are DENIED. See written order entered by Judge Cudmore on 8/31/2011. (LB, ilcd)
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Filing
134
OPINION entered by Judge Sue E. Myerscough on 7/8/2011. Defendants' Motion to Stay Proceedings Including Discovery Pending the Decision on Defendants' Motion for Summary Judgment and Other Relief (d/e 111) is GRANTED IN PART AND DENIED IN PART. Plaintiff's Emergency Motion to Strike and/or Deny Defendant's Motion to Stay (d/e 116) is GRANTED IN PART AND DENIED IN PART. Plaintiff's Motion for Continuance to Complete Discovery (d/e 121) is GRANTED IN PART AND DENIED IN PA RT. Pending a determination on Defendants' Motion for Summary Judgment (d/e 108), discovery, including all outstanding discovery, is STAYED with the exception that Plaintiff shall be entitled to conduct limited discovery in accordance with this Opinion. This limited discovery shall be completed by September 1, 2011. Plaintiff shall thereafter file her response to the Motion for Summary Judgment on or before September 26, 2011. Defendants shall file their reply in support of the Motion for Summary Judgment within 14 days of Plaintiff's response.(MAS, ilcd)
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Filing
124
OPINION by U.S. Magistrate Judge Byron Cudmore: Plaintiff's Motion to Show Cause as to why Defendant is interfering with, and Exercising Control over Plaintiff's Witness and Providing them Legal Advice with no Legal Agreement 85 ALLOWED in part and DENIED in part. See written order. (LB, ilcd)
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Filing
118
OPINION entered by Judge Sue E. Myerscough on 6/24/2011. Because Judge Cudmore's Opinion was neither clearly erroneous nor contrary to law, Plaintiff's Appeal of Order Denying Plaintiff's Motion Asking the Court to Deem ALL Defendant's Objections to Plaintiff's Interrogatories and Refusal to Produce Discovery Waived (d/e 83) is DENIED. (MAS, ilcd)
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Filing
106
OPINION entered by Judge Sue E. Myerscough on 6/21/2011. Because Judge Cudmore's Opinion was neither clearly erroneous nor contrary to law, Plaintiff's Objection to the Denial of Appointing Expert Witness (d/e 56) is DENIED. (MAS, ilcd)
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Filing
104
OPINION by U.S. Magistrate Judge Byron Cudmore: Defendants' Supplemental Motion to Quash Plaintiff Sharon Murray's Subpoenas 86 ALLOWED. The subpoenas issued to Christopher Meyers, Darlene Webster, Bettina Yip, Kimberly White and Salma Mallet are hereby QUASHED. See written order entered by Judge Cudmore on 6/17/2011. (LB, ilcd)
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Filing
94
OPINION by U.S. Magistrate Judge Byron Cudmore: Defendants' Motion to Quash Subpoenas to Gaye Ann Pusch (d/e 61) and Nancy Wells (d/e 63) 75 ALLOWED in part. See written order. (LB, ilcd)
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Filing
68
OPINION by U.S. Magistrate Judge Byron Cudmore: Plaintiff's Motions 43 45 53 57 and 58 are DENIED. See written order. The Clerk is directed to send Plaintiff Murray information regarding the costs and procedures for purchasing a CD co py of the recording of the hearing held before this Court in Case No. 08-CV-03159 on October 15, 2008. The pro se Plaintiff is again cautioned to carefully review the Federal Rules of Civil Procedure before filing any additional motions herein.(LB, ilcd)
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Filing
50
OPINION entered by U.S. Magistrate Judge Byron Cudmore: Plaintiff's Motion to Appoint Expert Witnesses 30 is DENIED. See written order. (LB, ilcd)
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Filing
16
ORDER & OPINION entered by Judge Joe Billy McDade on 1/14/2011. Plaintiff's Motion to Suspend the Federal Rules of Civil Procedure is DENIED, and her Motion to File Electronically is GRANTED. (MAS, ilcd)
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