Beckom v. Illinois Department of Transportation
Lawrence Beckom |
Illinois Department of Transportation |
3:2014cv03227 |
July 29, 2014 |
US District Court for the Central District of Illinois |
Springfield Office |
Sangamon |
Sue E. Myerscough |
Tom Schanzle-Haskins |
Civil Rights: Other |
42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
Defendant |
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Filing 41 ORDER: (1) The Report and Recommendation (d/e 40 ) is ADOPTEDin its entirety. (2) The case is DISMISSED as a sanction under Federal Rule of Civil Procedure 37 for failure to respond to discovery requests. (3) Defendants are DIRECTED to file, if the y so choose, a detailed list of expenses and attorney fees incurred as a result of Plaintiff's failure to cooperate in discovery, on or before December 31, 2015. (4) Plaintiff is DIRECTED to respond to Defendants' filing, if he so chooses, explaining why an award of such expenses and fees would be unjust, on or before January 15, 2016. THIS CASE IS CLOSED. (SEE WRITTEN ORDER). Entered by Judge Sue E. Myerscough on 12/17/2015. (ME, ilcd) |
Filing 37 OPINION: Defendant IDOT's Partial Motion to Dismiss (d/e 23 ) is GRANTED. Beckom's Count 1 is DISMISSED IN PART WITH PREJUDICE. Count 1 survives only with respect to Beckom's allegation that he was disciplined on the job in a manne r evincing race discrimination prohibited under Title VII.The Motion to Dismiss (d/e 29 ) filed by individual defendants Blain, Korsmeyer, and Viehweg is GRANTED. Count 3 is DISMISSED WITHOUT PREJUDICE and with leave to replead. Count 4 is DISMISS ED WITHOUT PREJUDICE as to Defendant Korsmeyer only, with leave to replead. Until Beckom files a proper Second Amended Complaint, Count 4 survives only with respect to Beckom's allegation that Viehweg's decision to terminate his employment with IDOT violated his rights under the First Amendment. Beckom is DIRECTED to file his Second Amended Complaint, if he chooses to do so, on or before September 21, 2015. If Beckom does not file a Second Amended Complaint by that time, Count 3 will be dismissed with prejudice and Count 4 will be dismissed with prejudice as to individual defendant Korsmeyer. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 8/20/2015. (ME, ilcd) |
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Plaintiff: Lawrence Beckom | |
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Defendant: Illinois Department of Transportation | |
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