Hibbert v. Schmitz et al
| Christina Hibbert |
| Leo P Schmitz, Deborah Simental, Joann Johnson, Jeffrey Jacobs, Jeffrey Knauer, Agnes Kindred-Johnson and Macharia Fortson |
| 3:2016cv03028 |
| February 2, 2016 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| Adams |
| Sue E. Myerscough |
| Tom Schanzle-Haskins |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
20
OPINION entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Plaintiff Christina Hibbert's Motion for Leave to File Amended Complaint 17 is ALLOWED. Plaintiff is directed to file by 4/15/2018, an Amended Complaint that incorporates Counts I, II, and III into a single document. Defendants are directed to respond to the Amended Complaint by 4/30/2018. Plaintiff shall serve Bryan Ley with the Amended Complaint in accordance with Federal Rule 4, and he shall be entitled to respond in accord ance with Federal Rule 12(a). This matter is set for a telephonic status conference on Thursday, 5/10/2018, at 2:00 p.m. (Court will place call) for discussion of a schedule for additional discovery, if needed. The 4/15/2018 deadline for dispositive motions is suspended. The revised dispositive motion deadline and pretrial and trial dates will be addressed at the status conference. See written order. (LB, ilcd)
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Filing
10
OPINION: Defendants' motion to dismiss (d/e 6 ) is GRANTED IN PART and DENIED IN PART. Specifically: (1) The motion to dismiss is DENIED with respect to Hibbert's requests in Counts 1 and 2 for injunctive relief in the form of returnin g all copies of the information from her iPhone and destroying all copies of the video recordings taken of Hibbert in the conference rooms; (2) The motion to dismiss is GRANTED with respect to Hibbert's requests in Counts 1 and 2 for injunctive relief in the form of changes to ISP policy; and (3) The motion to dismiss is DENIED with respect to Hibbert's request in Count 1 for damages arising out of the alleged Fourth Amendment violations. Hibbert's request for damages in Count 2, which the motion to dismiss does not address, also survives. (SEE WRITTEN OPINION.) Entered by Judge Sue E. Myerscough on 1/5/2017. (GL, ilcd)
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