Levin v. Madigan et al
| Harvey N. Levin |
| Lisa Madigan, Office of the Attorney General and The State of Illinois |
| 1:2007cv04765 |
| August 23, 2007 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| David H. Coar |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 Job Discrimination (Age) |
| Plaintiff |
Docket Report
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| Filing 305 TRANSMITTAL from the USCA to Supreme Court of the United States dated 8/7/2013. (mgh, ) |
| Filing 304 LETTER from Supreme Court of the United States to the USCA dated 7/30/2013. (mgh, ) |
| Filing 303 MINUTE entry before Honorable Edmond E. Chang: In light of the grant of certiorari, the trial date of 05/06/13 is vacated, as is the proposed pretrial order date (so the parties may stop working on it) and the pretrial conference. Status hearing is set for 10/30/13 at 8:30 a.m. Mailed notice (slb, ) |
| Filing 302 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Defendants reported that the cert petition is now due in January 2013, and that the written status report estimate conference date of March 15, 2013 takes that extension into account. Proposed pretrial order due 04/01/13. The parties shall consult the Judge's website for details on the required contents of the proposed pretrial order, available at www.ilnd.uscourts.gov/home/JudgeInfo.aspx. Pretrial conference set for 04/18/13 at 1:30 p.m. Jury trial set for 05/06/13 at 9:00 a.m., with an estimate of 2 weeks. Because this date is fixed, the parties must alert all potential witnesses of the need to be available during that time; if necessary, the parties must promptly serve trial subpoenas for that time period. Mailed notice (slb, ) |
| Filing 301 Defendants' Estimated Chronology of Disposition of Certiorari Petition by Roger P Flahaven, Deborah Hagen, Alan Rosen, Ann Spillane (Becker, Heather) |
| Filing 300 ATTORNEY Appearance for Defendants Roger P Flahaven, Deborah Hagen, Alan Rosen, Ann Spillane by Heather R.M. Becker (Becker, Heather) |
| Filing 299 ATTORNEY Appearance for Defendants Roger P Flahaven, Deborah Hagen, Alan Rosen, Ann Spillane by Joseph Michael Gagliardo (Gagliardo, Joseph) |
| Filing 298 ATTORNEY Appearance for Defendants Roger P Flahaven, Deborah Hagen, Alan Rosen, Ann Spillane by Jeffrey S. Fowler (Fowler, Jeffrey) |
| Filing 297 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Leave is granted to the Laner Muchin firm to file appearances. Defendant reported that a decision on whether to file a certiorari petition has not been made. Defendant then sought to vacate the trial date due to a conflict with the March 5 schedule, specifically, one of the defendants has out-of-country plans. But in advance of the status hearing at which the trial date was entered, the Court had specifically required the parties to be prepared to discuss trial availability. R. 293. So the belatedly-raised schedule conflict is insufficient good cause to reset the date. Nor did defense counsel raise the issue with Plaintiff's counsel before today's hearing; Plaintiff's counsel first learned of the conflict at the podium. Having said that, the Court has reconsidered whether the March trial date is sensible in light of the likelihood that a cert petition, if filed, will not have been resolved by that date (or even if resolved, would be so close to the trial date that the parties will have expended effort on trial preparation, effort which would be wasted if the cert petition is granted). In order to help in setting a sensible trial date, Defendant shall file by 10/23/12 an estimated timeline of events if a cert petition is filed (including response and reply briefing, and listing for conference). The Court requests that the Illinois Solicitor General's Office assist in making these estimates. During the hearing, the Court mistakenly stated that the cert deadline is in mid-December; defense counsel correctly stated that the 90-day deadline (which runs from the 08/17/12 mandate/judgment issuance) expires on or around 11/15/12. The pretrial conference and trial date is stricken. Plaintiff's oral request to continue the trial subpoenas to the new trial date is granted. Status hearing set for 11/08/12 at 8:30 a.m., at which time hopefully Defendants will know whether a cert petition will be filed. Mailed notice (slb, ) |
| Filing 296 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Defendants cited cases arguing that a stay is mandatory, but it appears that those cases involved staying discovery during the pendency of motions to dismiss raising qualified immunity, or staying trial during the pendency of summary judgment motions raising qualified immunity (and associated appeals), but not a situation where the interlocutory appeal has already affirmed the denial of qualified immunity. Nor did Defendants file a motion to stay the mandate in the Seventh Circuit. However, Defendants are free to make a formal motion to stay, with supporting authority, and Plaintiff might also wish to consider the wisdom in preparing for trial if a cert petition is indeed filed. But given the age of the case, it is appropriate to set the trial date--the longer the Court waits to do that, the deeper into 2013 the trial date will be, which prejudices Plaintiff. Proposed pretrial order due 01/22/13. The parties should consult the website for details on the required contents of the proposed pretrial order, available on Judge Chang's web page at www.ilnd.uscourts.gov/home/JudgeInfo.aspx. Pretrial conference set for 02/11/13 at 1:30 p.m. Jury trial set for 03/05/13 at 9:00 a.m., with an estimate of 2 weeks. Status hearing set for 10/16/12 at 8:30 a.m., to check in on whether a cert petition will be filed and any other pretrial considerations. Mailed notice (slb, ) |
| Filing 295 MINUTE entry before Honorable Edmond E. Chang: Defendants' status report 294 asks to reset the status of 09/18/12 to 10/16/12, because the individual Defendants state that they are not ready to set a trial date. The status report mentions the possibility of a certiorari petition, which implies that Defendants will ask for a stay of the case if they file a cert petition. But Defendants did not file a motion to stay the mandate with the Seventh Circuit, so it seems that whether to stay the litigation is a decision within the district court's discretion (perhaps there is case law in the qualified immunity context that alters the exercise of discretion, and the Court welcomes any arguments Defendants wish to present on that issue). In any event, if Plaintiff does not object to resetting the status to 10/16/12, then the Court is willing to do so. If Plaintiff files or calls the courtroom deputy with a non-objection by 5 p.m. today, then the status will be reset. Otherwise, the status remains in place. Mailed notice (slb, ) |
| Filing 294 STATUS Report Prior to the Status Hearing by Roger P Flahaven, Deborah Hagen, Alan Rosen, Ann Spillane (Allen, Deborah) |
| Filing 293 MINUTE entry before Honorable Edmond E. Chang: In light of the mandate's issuance, the status hearing of 10/16/12 is accelerated to 09/18/12 at 10 a.m. At the status hearing, the parties shall be prepared to discuss whether they wish to set a trial date (and be prepared with trial availability) or instead obtain a settlement referral to the magistrate judge. Mailed notice (slb, ) |
Filing 292
OPINION from the USCA for the Seventh Circuit; Argued 4/3/2012; Decided 8/17/2012 in USCA case no. 11-2820. (vcf, )
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| Filing 290 LETTER from the Seventh Circuit no record to be returned appeal in USCA no. 11-2820. (vcf, ) |
| Filing 291 MANDATE of USCA dated 8/17/2012 regarding notice of appeal 271 ; USCA No. 11-2820. The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (vcf, ) |
| Filing 289 MINUTE entry before Honorable Edmond E. Chang: In light of the pending appeal, the status hearing of 08/22/12 is reset to 10/16/12 at 8:30 a.m. Mailed notice (slb, ) |
| Filing 288 MINUTE entry before Honorable Edmond E. Chang: In light of the pending appeal, the status hearing of 05/15/12 is reset to 08/22/12 at 08:30 a.m. Mailed notice (slb, ) |
| Filing 287 CERTIFIED copy of order dated 1/17/2012 from the Seveth Circuit regarding notice of appeal 271 ; Appellate case no. : 11-2820. IT IS ORDERED that the motion is granted. The clerk of this court shall return all of the documents filed under seal in this court to the district court, where they will be maintained under seal. (vcf, ) |
| Filing 286 LETTER from the Seventh Circuit returning the record on appeal in USCA no. 11-2820 consisting of two envelopes and one small box. (vcf, ) |
| Filing 285 LETTER from the Seventh Circuit returning the record on appeal in USCA no. 11-2820 consisting of three sealed envelopes. (vcf, ) |
| Filing 284 MINUTE entry before Honorable Edmond E. Chang: In light of the pending appeal, the status hearing of 01/18/2012 is reset to 05/15/2012 at 8:30 a.m. Mailed notice (slb, ) |
| Filing 283 MINUTE entry before Honorable Edmond E. Chang: In light of the pending appeal, the Court resets the status hearing of 11/29/11 to 01/18/12 at 8:30 a.m. If either party wishes to hold the status hearing of 11/29/11, counsel may call the courtroom deputy and the Court will reinstate it. Mailed notice (slb, ) |
| Filing 282 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. The parties reported on the status of mediation, which currently appears to be unsuccessful. Status hearing set for 11/29/11 at 8:30a.m.. The parties may call the Courtroom Deputy, Sandra Brooks @ (312) 408-5121 to schedule a settlement conference with the Court. Mailed notice (slb, ) |
| Filing 281 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Plaintiff's motion for order to Certify Defendants Interlocutory Appeal is Frivolous is denied. The parties reported that they have a mediation scheduled for September 12, 2011 with the Seventh Circuit Court of Appeals. Status hearing set for 09/22/11 at 8:30a.m. Mailed notice (slb, ) |
| Filing 280 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion for order, motion for relief 279 before Honorable Edmond E. Chang on 9/13/2011 at 08:30 AM. (Theobald, Edward) |
| Filing 279 MOTION by Plaintiff Harvey N. Levin for order To Certify Defendants' Interlocutory Appeal 271 Is Frivolous (Attachments: # 1 Certificate of Service)(Theobald, Edward) |
| Filing 278 USCA RECEIVED on 8/30/11 the long record regarding notice of appeal 271 (dj, ) |
| Filing 277 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 271 (USCA no. 11-2820). (dj, ) |
| Filing 276 DESIGNATION by Harvey N. Levin of record on appeal : USCA Case No. 11-2820 (Attachments: # 1 Certificate of Service)(Theobald, Edward) |
| Filing 275 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 271 ; USCA Case No. 11-2820. (mr, ) |
| Filing 274 TRANSMITTED to the 7th Circuit the short record on notice of appeal 271 . Notified counsel (dj, ) |
| Filing 273 NOTICE of Appeal Due letter sent to counsel of record (dj, ) |
| Filing 272 NOTICE by Roger P Flahaven, Deborah Hagen, Lisa Madigan, Alan Rosen, Ann Spillane re notice of appeal 271 (Allen, Deborah) |
| Filing 271 NOTICE of appeal by Roger P Flahaven, Deborah Hagen, Lisa Madigan, Alan Rosen, Ann Spillane regarding orders 267 , 268 Filing fee $ 455, receipt number 0752-6268117. (Allen, Deborah) |
| Filing 270 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Plaintiff shall make a formal demand by 08/03/2011 on the defendants explaining the basis for liability, and itemizing damages. Defendants shall respond by 08/17/2011 to plaintiff's demand. Status hearing set for 09/07/2011 at 8:30a.m. Mailed notice (slb, ) |
| Filing 269 MINUTE entry before Honorable Edmond E. Chang:At the 07/20/11 status hearing, counsel should be prepared to advise the Court whether the parties wish to schedule dates (which will be firm) for submitting a proposed pre-trial order and for trial, or whether the parties wish to schedule a settlement conference with either the magistrate judge or the Court, or whether there is some other next step they wish to propose to advance the litigation. Mailed notice (slb, ) |
| Filing 268 MEMORANDUM Opinion and Order Signed by the Honorable Edmond E. Chang on 7/12/2011:Mailed notice(slb, ) |
| Filing 267 MINUTE entry before Honorable Edmond E. Chang: Defendants' motions for summary judgment are granted in part and denied in part consistent with the memorandum opinion and order. Mailed notice (slb, ) |
| Filing 266 MINUTE entry before Honorable Edmond E. Chang: In light of the fully-briefed motions for summary judgment, the status hearing of 07/12/11 is reset for 07/20/11 at 8:30a.m. Mailed notice (slb, ) |
| Filing 265 MINUTE entry before Honorable Edmond E. Chang:Defendants' motion for summary judgment remains under advisement. Status hearing of 06/07/11 is reset to 7/12/11 at 8:30a.m. Mailed notice (slb, ) |
| Filing 264 MINUTE entry before Honorable Edmond E. Chang: The summary judgment motion is still under advisement. Status hearing of 05/10/2011 is reset to 06/07/2011 at 8:30a.m. Mailed notice (slb, ) |
| Filing 263 MINUTE entry before Honorable Edmond E. Chang: The summary judgment motions remain under advisement, and the status hearing of 4/6/2011 is reset to 5/10/2011 at 8:30a.m. Mailed notice (slb, ) |
| Filing 262 MINUTE entry before Honorable Edmond E. Chang: In light of the fully-briefed motions for summary judgment and the recent supplemental filings requested by the Court, the matter remains under advisement. The status hearing scheduled for 03/16/2011 is vacated and reset for 04/06/2011 at 8:30a.m. Mailed notice (slb, ) |
| Filing 261 SUPPLEMENT to text entry,,,,,,, 256 Plaintiff's Supplemental Memorandum Regarding Statutory Preemption Issues Do Not Apply To Qualified Immunity (Attachments: # 1 Certificate of Service)(Theobald, Edward) |
| Filing 260 MEMORANDUM by Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane regarding qualified immunity (Attachments: # 1 Exhibit A)(Allen, Deborah) |
| Filing 259 MINUTE entry before Honorable Edmond E. Chang: The parties' agreed motion for enlargement of time until March 11, 2011 in which to file their supplemental memorandum on qualified immunity 257 is granted. No court appearance required on 3/4/2011. Mailed notice (slb, ) |
| Filing 258 Agreed NOTICE of Motion by Deborah Joyce Allen for presentment of extension of time 257 before Honorable Edmond E. Chang on 3/4/2011 at 09:00 AM. (Allen, Deborah) |
| Filing 257 MOTION by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane for extension of time to file supplemental memorandum on qualified immunity (agreed) (Allen, Deborah) |
| Filing 256 MINUTE entry before Honorable Edmond E. Chang: During the Court's deliberation over the pending summary judgment motion, the Court has had occasion to review the holding by the previously-assigned judge to the effect that, although the ADEA does not preclude a section 1983 action for age discrimination under the equal protection clause, qualified immunity renders the individual defendants not liable for money damages under section 1983. Mem. Op. at 20. But the application of qualified immunity to this context -- that is, the context of whether a section 1983 action is precluded by another federal statute -- appears unprecedented. When determining whether qualified immunity applies to protect a defendant, the question typically is whether a reasonable official would have known that the official was violating a clearly established constitutional right, which is a substantive question, not a question concerning whether a particular procedural vehicle (i.e., cause of action) is available. Furthermore, in cases where the Supreme Court has held that a federal statute does not preclude a 1983 action to bring a constitutional claim, the Court does not seem to ask whether qualified immunity applies, even if lower courts had debated whether the 1983 action was precluded. E.g., Fitzgerald v. Barnstable Sch. Comm.,555 U.S. 246, 129 S. Ct. 788, 898 (2009) (holding that Title IX is not the exclusive federal remedy for a gender discrimination claim in schools, and then remanding for an evaluation of the merits of the constitutional claim (equal protection) with no further discussion of whether qualified immunity applied to the procedural cause of action question). On or before March 9, 2011, the parties should file supplemental memoranda addressing the question of whether the doctrine of qualified immunity applies at all to preclusion questions such as whether the ADEA precludes a section 1983 action. Mailed notice (slb, ) |
| Filing 255 MINUTE entry before Honorable Edmond E. Chang: Status hearing held and continued to 3/16/2011 at 8:30a.m. Mailed notice (slb, ) |
| Filing 254 MINUTE entry before Honorable Edmond E. Chang: Status hearing set for 1/18/2011 at 8:30a.m.Mailed notice (slb, ) |
| Filing 253 EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on December 23, 2010, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Edmond E. Chang, therefore IT IS HEREBY ORDERED That the attached list of 281 cases be reassigned to the Honorable Edmond E. Chang. IT IS FURTHER ORDERED that this order shall become effective on Monday, January 10, 2011. Case reassigned to the Honorable Edmond E. Chang for all further proceedings. Signed by Executive Committee on 1/7/11. Mailed notices. (ef, ) |
| Filing 252 NOTICE by Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois re answer to amended complaint 251 (Allen, Deborah) |
| Filing 251 ANSWER to amended complaint by Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois(Allen, Deborah) |
| Filing 250 MINUTE entry before Honorable David H. Coar:MOTION by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois for leave to file Answer and Affirmative Defenses to Plaintiff's Amended Complaint 248 is granted, and shall be filed by 5/7/2010. Parties need not appear on the presentment date of 5/11/2010.Mailed notice (pm, ) |
| Filing 249 NOTICE of Motion by Deborah Joyce Allen for presentment of motion for leave to file, 248 before Honorable David H. Coar on 5/11/2010 at 09:00 AM. (Allen, Deborah) |
| Filing 248 MOTION by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois for leave to file Answer and Affirmative Defenses to Plaintiff's Amended Complaint (Attachments: # 1 Exhibit A)(Allen, Deborah) |
| Filing 247 RESPONSE by Defendants to plaintiff's Local Rule 56.1(b)(3)(C) statement of additional facts and Exhibits;Notice.(SEALED)(vcf, ) |
| Filing 246 MINUTE entry before Honorable David H. Coar:MOTION by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois to seal document Response, 240 242 is granted. Parties need not appear on the presentment date of 3/17/2010. m notice (pm, ) |
| Filing 245 MEMORANDUM Opinion and Order Signed by the Honorable David H. Coar on 3/10/2010.(jj, ) |
| Filing 244 MINUTE entry before Honorable David H. Coar: Enter Memorandum Opinion and Order. For the reasons stated therein, Defendants' motion to dismiss 33 is granted in part and denied in part, Defendants' motion to dismiss 36 is granted in part and denied in part, and Defendants' motion to dismiss 58 , which the Court construes as a motion for reconsideration, is denied. (For further detail see separate order(s)). Mailed notice. (jj, ) |
| Filing 243 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to seal document, motion for relief 242 before Honorable David H. Coar on 3/17/2010 at 09:00 AM. (Allen, Deborah) |
| Filing 242 MOTION by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois to seal document Response, 240 (Allen, Deborah) |
| Filing 241 NOTICE by Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois re Response, 240 , reply 238 , reply 239 (Allen, Deborah) |
| Filing 240 RESPONSE by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois to sealed response,, 228 to Plaintiff's LR 56.1(b)(3)(C) Statement of Additional Facts (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Allen, Deborah) |
| Filing 239 REPLY by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Alan Rosen, Ann Spillane to motion for summary judgment 191 in support of motion for summary judgment (Allen, Deborah) |
| Filing 238 REPLY by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to motion for summary judgment 178 in support of motion for summary judgment (Allen, Deborah) |
| Filing 237 MINUTE entry before Honorable David H. Coar: Agreed MOTION by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois for leave to file excess pages 235 is denied If the movants cannot, in good faith, confine their response (joint or otherwise) to the page limits set forth in the local rules, they should attach the proposed memorandum to the motion for leave to file in excess so that the Court may make its own determination whether a good faith effort was made to limit the number of pages. Parties need not appear on the presentment date of 3/3/10.Mailed notice (pm, ) |
| Filing 236 Agreed Motion NOTICE of Motion by Deborah Joyce Allen for presentment of motion for leave to file excess pages 235 before Honorable David H. Coar on 3/3/2010 at 09:00 AM. (Allen, Deborah) |
| Filing 235 MOTION by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois for leave to file excess pages Agreed Motion (Allen, Deborah) |
| Filing 234 SEALED EXHIBIT by Plaintiff Harvey N. Levin Plaintiff's Exhibits Q-R regarding exhibit, 229 , exhibit, 233 , sealed response,, 228 , sealed response,, 227 , sealed response,, 226 , exhibit, 230 , response in opposition to motion, 231 (Attachments: # 1 Exhibit R Part 1, # 2 Exhibit R Part 2, # 3 Appendix, # 4 Notice of Filing)(Theobald, Edward) |
| Filing 233 SEALED EXHIBIT by Plaintiff Harvey N. Levin Plaintiff's Exhibits M-P regarding exhibit, 229 , sealed response,, 228 , sealed response,, 227 , sealed response,, 226 , exhibit, 230 , response in opposition to motion, 231 (Attachments: # 1 Exhibit N, # 2 Exhibit O, # 3 Exhibit P)(Theobald, Edward) |
| Filing 232 NOTICE by Harvey N. Levin re response in opposition to motion, 231 (Theobald, Edward) |
| Filing 231 MEMORANDUM by Harvey N. Levinin Opposition in to MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for summary judgment 178 , MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen for summary judgment 191 (Theobald, Edward) Modified on 1/27/2010 (vcf, ). |
| Filing 230 SEALED EXHIBIT by Plaintiff Harvey N. Levin Plaintiff's Exhibits F-L regarding sealed response,, 228 , exhibit, 229 , sealed response,, 227 , sealed response,, 226 (Attachments: # 1 Exhibit g, # 2 Exhibit h, # 3 Exhibit i, # 4 Exhibit j, # 5 Exhibit k, # 6 Exhibit l)(Theobald, Edward) |
| Filing 229 SEALED EXHIBIT by Plaintiff Harvey N. Levin Plaintiff's Exhibits A-E regarding sealed response,, 228 , sealed response,, 227 , sealed response,, 226 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Theobald, Edward) |
| Filing 228 SEALED RESPONSE by Harvey N. Levin to memorandum in support of motion 180 , MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for summary judgment 178 , memorandum in support of motion 185 , sealed response,, 227 , MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen for summary judgment 191 , Rule 56 statement, 183 , sealed response,, 226 , Rule 56 statement, 179 Plaintiff's Joint Local Rule 56.1(b)(3)(C) Statement of Additional Facts to All Defendants (Theobald, Edward) |
| Filing 227 SEALED RESPONSE by Harvey N. Levin to memorandum in support of motion 180 , Rule 56 statement 199 , MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for summary judgment 178 , memorandum in support of motion 185 , MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen for summary judgment 191 , Rule 56 statement, 183 , Rule 56 statement, 179 Plaintiff's Joint Local Rule 56.1(b)(3)(B) Response and Objections to Defendants' Motions for Summary Judgment (Theobald, Edward) |
| Filing 226 SEALED RESPONSE by Harvey N. Levin to memorandum in support of motion 180 , Rule 56 statement 199 , MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for summary judgment 178 , memorandum in support of motion 185 , MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen for summary judgment 191 , Rule 56 statement, 183 , Rule 56 statement, 179 Plaintiff's Joint Memorandum in Opposition to Defendants' Motions for Summary Judgment (Theobald, Edward) |
| Filing 225 MINUTE entry before Honorable David H. Coar: Plaintiff's Objections 219 to the Magistrate's Order denying Plaintiff's Motion for Sanctions are OVERRULED. The Magistrate's Order 214 shall stand. Plaintiff is entitled to argue Defendants' duty to preserve the documents at issue at trial. To the extent that Plaintiff seeks a jury instruction that the jury may draw an adverse inference from Defendants' destruction of records, this issue should be addressed at the Final Pre-Trial Conference.Mailed notice (vcf, ) |
| Filing 224 MINUTE entry before Honorable David H. Coar:Briefing will not be required on the PLAINTIFF'S OBJECTIONS TO MAGISTRATE'S ORDER 219 . Ruling to issue by mail.Mailed notice (pm, ) |
| Filing 223 MINUTE entry before Honorable David H. Coar:Motion for extension of time to file response/reply regarding MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen for summary judgment 191 , MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for summary judgment 178 221 is granted; ReSet deadlines as to motion for summary judgment 191 , motion for summary judgment 178 : Replies due by 3/9/2010. Parties need not appear on 1/21/2010.Mailed notice (pm, ) |
| Filing 222 AGREED NOTICE of Motion by Deborah Joyce Allen for presentment of motion for extension of time to file response/reply,, motion for relief,,, 221 before Honorable David H. Coar on 1/21/2010 at 09:00 AM. (Allen, Deborah) |
| Filing 221 MOTION by Defendants Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois for extension of time to file response/reply as to motion for summary judgment 178 , motion for summary judgment 191 AGREED MOTION (Allen, Deborah) |
| Filing 220 NOTICE by Harvey N. Levin re appeal of magistrate judge decision to district court, 219 Plaintiff's Notice of Filing and Certificate of Service (Theobald, Edward) |
| Filing 219 APPEAL by Harvey N. Levin from magistrate order 214 (Attachments: # 1 Exhibit Docket 214, # 2 Exhibit Docket 151, # 3 Exhibit Docket 164, # 4 Exhibit Docket 168, # 5 Exhibit Docket 170, # 6 Exhibit Docket 172, # 7 Exhibit Docket 175, # 8 Certificate of Service Certificate of Service)(Theobald, Edward) |
| Filing 218 MINUTE entry before Honorable David H. Coar: PLAINTIFF'S MOTION TO EXTEND THE TIME UNTIL JANUARY 26, 2010 TO RESPOND TO DEFENDANTS' TWO MOTIONS 178 & 191 FOR SUMMARY JUDGMENT 216 is granted, but there will be no further extensions after this extension. The schedule on the Motions (#178 & 191) for Summary Judgment is reset as follows: Responses due by 1/26/2010; Replies due by 2/16/2010. The final pretrial order deadline of 1/29/2010, the pretrial conference set for 2/12/2010 and the trial date of 2/22/2010 - all are stricken until/pending further order. Mailed notice (pm, ) |
| Filing 217 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion for extension of time to file response/reply,, motion for relief,,,,,,,,, 216 before Honorable David H. Coar on 1/14/2010 at 09:00 AM. (Theobald, Edward) |
| Filing 216 MOTION by Plaintiff Harvey N. Levin for extension of time to file response/reply as to order on motion for summary judgment,,,, order on motion for extension of time to file response/reply,, terminate deadlines and hearings,, set motion and R&R deadlines/hearings, 205 (Theobald, Edward) |
| Filing 215 TRANSCRIPT OF PROCEEDINGS held on 9/23/2009 before the Honorable Sidney I. Schenkier. Court Reporter Contact Information: Riki Schatell, 773-728-7281, Schatell@sbcglobal.net. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/1/2010. Redacted Transcript Deadline set for 2/9/2010. Release of Transcript Restriction set for 4/9/2010. (td, ) |
| Filing 214 MINUTE entry before Honorable Sidney I. Schenkier:For the reasons set forth below, plaintiff's motion for sanctions 151 is denied. Discovery in this case has been concluded. Accordingly, the referral is hereby terminated. See minute for details.Mailed notice (wyh, ) |
| Filing 213 MINUTE entry before Honorable David H. Coar: Motion hearing held on 12/16/2009. Defendants' Motion to reset trial and related dates 207 is granted as stated in open court. All dates will be set after ruling on motion for summary judgment. Plaintiff's Motion for leave to file a joint brief not to exceed 30 pages and joint LR56.1(b)(3)(c) statement of additional facts 209 is granted over the objections of defendants. Mailed notice by judge's staff. (srb,) |
| Filing 212 NOTICE by Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinois re response in opposition to motion, 211 Plaintiff's motion for leave to File Joint Brief and Statement of Additional Facts in Excess of Those Permitted by Local Rules (Allen, Deborah) |
| Filing 211 RESPONSE by Roger P Flahaven, Deborah Hagen, Lisa Madigan, Office of the Attorney General, Alan Rosen, Ann Spillane, The State of Illinoisin Opposition to MOTION by Plaintiff Harvey N. LevinPlaintiffs Motion for Leave to File a Joint Brief Not to Exceed 30 Pages and a Joint LR56.1(b)(3)(C) Statement of Additional Facts Not to Exceed 120 Statements 209 (Allen, Deborah) |
| Filing 210 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion for miscellaneous relief 209 before Honorable David H. Coar on 12/16/2009 at 09:00 AM. (Theobald, Edward) |
| Filing 209 MOTION by Plaintiff Harvey N. LevinPlaintiffs Motion for Leave to File a Joint Brief Not to Exceed 30 Pages and a Joint LR56.1(b)(3)(C) Statement of Additional Facts Not to Exceed 120 Statements (Theobald, Edward) |
| Filing 208 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to reset 207 before Honorable David H. Coar on 12/16/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 207 MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois to reset trial and related dates (Allen, Deborah) |
| Filing 206 MINUTE entry before the Honorable Sidney I. Schenkier:By agreement of the parties, the status hearing before the magistrate judge set on 12/17/09 is reset to 1/27/2010 at 9:00 a.m. Telephoned and mailed notice (wyh, ) |
| Filing 205 MINUTE entry before the Honorable David H. Coar: Motion for extension of time to file response/reply regarding MOTION for summary judgment 191 , MOTION for summary judgment 178 203 is granted. Re-set deadlines as to motion for summary judgment 191 , motion for summary judgment 178 : Responses due by 1/19/2010, Replies due by 2/16/2010. Parties need not appear on the presentment date of 12/3/2009.Mailed notice (pm, ) |
| Filing 204 AGREED NOTICE of Motion by Edward R. Theobald for presentment of motion for extension of time to file response/reply, motion for relief,,,,,,,,,,,,,,,, 203 before Honorable David H. Coar on 12/3/2009 at 09:00 AM. (Theobald, Edward) |
| Filing 203 MOTION by Plaintiff Harvey N. Levin for extension of time to file response/reply as to order on motion for summary judgment, terminate deadlines and hearings, set motion and R&R deadlines/hearings,,, 193 , motion for summary judgment 178 , motion for summary judgment 191 , order on motion for summary judgment, terminate deadlines and hearings, set motion and R&R deadlines/hearings,,, 196 Agreed (Theobald, Edward) |
| Filing 202 NOTICE by Edward R. Theobald of Change of Address (Theobald, Edward) |
| Filing 201 EXHIBITS by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen in support of MOTION for summary judgment 178 .(RESTRICTED) (vcf, ) |
| Filing 200 NOTICE by Lisa Madigan, Office of the Attorney General, The State of Illinois re Rule 56 statement 199 Corrected Statement of Facts (Allen, Deborah) |
| Filing 199 RULE 56 56.1 Statement by Lisa Madigan, Office of the Attorney General, The State of Illinois regarding motion for summary judgment 178 Corrected Statement of Facts (Allen, Deborah) |
| Filing 198 MINUTE entry before the Honorable David H. Coar:ENTITY DEFENDANTS' MOTION TO FILE THEIR EXHIBITSIN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENTUNDER SEAL 186 is granted. INDIVIDUAL DEFENDANTS' MOTION TO FILE THEIR EXHIBITSIN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENTUNDER SEAL 188 is granted. The parties are directed to follow the procedures and local rules with respect to filing any document under seal. Parties need not appear on the presentment date of 11/1/2009.Mailed notice (pm, ) |
| Filing 197 MINUTE entry before the Honorable David H. Coar:MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to file instanter Corrected Rule 56.1 Statement of Facts 194 is granted. Corrected document to be filed by the close of business on 11/18/2009.Mailed notice (pm, ) |
| Filing 196 MINUTE entry before the Honorable David H. Coar: Set deadlines as to individual defendants' motion for summary judgment 191 : Responses due by 12/22/2009, Replies due by 1/14/2010.MOTION for summary judgment by defendants Lisa Madigan, individually, Ann Spillane, individually, Alan Rosen, individually, Roger Flahaven, individually and Deborah Hagan, individually 191 is taken under advisement - ruling to issue by mail. Mailed notice (pm, ) |
| Filing 195 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to file instanter 194 before Honorable David H. Coar on 11/19/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 194 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to file instanter Corrected Rule 56.1 Statement of Facts (Attachments: # 1 Exhibit A)(Allen, Deborah) |
| Filing 193 MINUTE entry before the Honorable David H. Coar: Set deadlines as to motion for summary judgment 178 : Responses due by 12/22/2009, Replies due by 1/14/2010. MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for summary judgment 178 is taken under advisement - ruling to isuse by mail. (#182 is a Duplicate filing of document number 178 and 182 is terminated)Mailed notice (pm, ) |
| Filing 192 NOTICE by Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen re MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen for summary judgment 191 (Allen, Deborah) |
| Filing 191 MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen for summary judgment (Allen, Deborah) |
| Filing 190 NOTICE of Correction regarding 182 . (tc, ) |
| Filing 189 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to seal 188 before Honorable David H. Coar on 11/19/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 188 MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen to seal documents in support of their Motion for Summary Judgment (Allen, Deborah) |
| Filing 187 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to seal 186 before Honorable David H. Coar on 11/19/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 186 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to seal documents in support of their Motion for Summary Judgment (Allen, Deborah) |
| Filing 185 MEMORANDUM by Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen in support of motion for summary judgment 182 (Allen, Deborah) |
| Filing 184 NOTICE of Motion by Deborah Joyce Allen for presentment of motion for summary judgment 182 before Honorable David H. Coar on 11/19/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 183 RULE 56 56.1 Statement by Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen regarding motion for summary judgment 182 (Attachments: # 1 Index, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Allen, Deborah) |
| Filing 182 MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen for summary judgment (Allen, Deborah) (Duplicate filing of document number 178.) Modified on 11/17/2009 (tc, ). |
| Filing 181 NOTICE of Motion by Deborah Joyce Allen for presentment of motion for summary judgment 178 before Honorable David H. Coar on 11/19/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 180 MEMORANDUM by Lisa Madigan, Office of the Attorney General, The State of Illinois in support of motion for summary judgment 178 (Allen, Deborah) |
| Filing 179 RULE 56 56.1 Statement by Lisa Madigan, Office of the Attorney General, The State of Illinois regarding motion for summary judgment 178 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Allen, Deborah) |
| Filing 178 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for summary judgment (Allen, Deborah) |
| Filing 177 MINUTE entry before the Honorable Sidney I. Schenkier:Status hearing before the magistrate judge set on 11/18/09 is stricken. Mailed notice (wyh, ) |
| Filing 176 CORRECTED Affidavit of Alan Rosen. (vcf, ) |
| Filing 175 MINUTE entry before the Honorable Sidney I. Schenkier:Motion hearing held. For reasons stated on the record, Plaintiff's motion to strike hearsay and inadmissible assertions in defendants' affidavits, Exhibits A through C to defendants' response 170 is denied. Plaintiff's motion for leave to file 172 is granted. The matter is set for status hearing on 12/17/09 at 9:00 a.m. Mailed notice (wyh, ) |
| Filing 174 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to strike, motion for relief 170 before Honorable Sidney I. Schenkier on 11/4/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 173 NOTICE of Motion by Deborah Joyce Allen for presentment of motion for leave to file 172 before Honorable Sidney I. Schenkier on 11/4/2009 at 08:30 AM. (Allen, Deborah) |
| Filing 172 MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois for leave to file (Attachments: # 1 Exhibit A - B)(Allen, Deborah) |
| Filing 171 NOTICE by Harvey N. Levin re MOTION by Plaintiff Harvey N. Levin to strike response in opposition to motion, 164 170 (Theobald, Edward) |
| Filing 170 MOTION by Plaintiff Harvey N. Levin to strike response in opposition to motion, 164 (Theobald, Edward) |
| Filing 169 NOTICE by Harvey N. Levin re reply to response to motion, 168 (Theobald, Edward) |
| Filing 168 REPLY by Harvey N. Levin to MOTION by Plaintiff Harvey N. Levin for sanctions For Defendants Intentionally Destroying Relevant Evidence 151 , response in opposition to motion, 164 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Theobald, Edward) |
| Filing 167 MINUTE entry before the Honorable David H. Coar:Agreed MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois for extension of time to file motion for summary judgment 165 is granted. Motions due by 11/13/2009. Mailed notice (pm, ) |
| Filing 166 Agreed NOTICE of Motion by Deborah Joyce Allen for presentment of extension of time 165 before Honorable David H. Coar on 10/22/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 165 MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois for extension of time to file motion for summary judgment (Agreed Motion) (Allen, Deborah) |
| Filing 164 RESPONSE by Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, The State of Illinoisin Opposition to MOTION by Plaintiff Harvey N. Levin for sanctions For Defendants Intentionally Destroying Relevant Evidence 151 (Attachments: # 1 Exhibit A - D)(Allen, Deborah) |
| Filing 163 MINUTE entry before the Honorable Sidney I. Schenkier:Motion hearing held. For further details see minute order.Mailed notice (wyh, ) |
| Filing 162 NOTICE of Motion by Deborah Joyce Allen for presentment of motion for protective order 161 before Honorable Sidney I. Schenkier on 9/23/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 161 MOTION by Defendant Office of the Attorney General for protective order Second Motion for Protective Order (Attachments: # 1 Exhibit A - C)(Allen, Deborah) |
| Filing 160 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to compel 159 before Honorable Sidney I. Schenkier on 9/23/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 159 MOTION by Plaintiff Harvey N. Levin to compel Defendants to Disclose Net Worth (Attachments: # 1 Exhibit A)(Theobald, Edward) |
| Filing 158 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to compel 157 before Honorable Sidney I. Schenkier on 9/23/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 157 MOTION by Plaintiff Harvey N. Levin to compel for Order Requiring the Deposition of Lisa Madigan (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Theobald, Edward) |
| Filing 156 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to compel 155 before Honorable Sidney I. Schenkier on 9/23/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 155 MOTION by Plaintiff Harvey N. Levin to compel Discovery of Computer Records and For Other Relief (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Theobald, Edward) |
| Filing 154 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to compel, 153 before Honorable Sidney I. Schenkier on 9/23/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 153 MOTION by Plaintiff Harvey N. Levin to compel Production of Defendants' Personnel Files For Civil Litigation and For Other Relief (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Theobald, Edward) |
| Filing 152 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion for sanctions 151 before Honorable Sidney I. Schenkier on 9/23/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 151 MOTION by Plaintiff Harvey N. Levin for sanctions For Defendants Intentionally Destroying Relevant Evidence (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Theobald, Edward) |
| Filing 150 MINUTE entry before the Honorable Sidney I. Schenkier:Defendants' motion for protective order 148 is entered and continued to 9/23/09 at 9:00 a.m. Mailed notice (wyh, ) |
| Filing 149 NOTICE of Motion by Deborah Joyce Allen for presentment of motion for protective order 148 before Honorable Sidney I. Schenkier on 9/10/2009 at 08:30 AM. (Allen, Deborah) |
| Filing 148 MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois for protective order (Attachments: # 1 Exhibit A - C, # 2 Exhibit D - E)(Allen, Deborah) |
| Filing 147 NOTICE by Lisa Madigan, Office of the Attorney General, The State of Illinois re other 146 filing of the Transcript of the Deposition of James E. Ryan (Allen, Deborah) |
| Filing 146 Transcript of the Deposition of James E. Ryan by Lisa Madigan, Office of the Attorney General, The State of Illinois (Allen, Deborah) |
| Filing 145 MINUTE entry before the Honorable David H. Coar: Motion hearing held on 7/29/2009 regarding motion for leave to file 143 . MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for leave to file the transcript of the deposition of James E. Ryan 143 is granted and shall be filed by 7/31/2009. MOTION by Plaintiff Harvey N. Levin for leave to file Plaintiff's Sur-Reply in Opposition to Defendants' Motion to Dismiss Counts 1 and 2 of Plaintiff's Amended Complaint ( 139 is denied (parties need not appear on the presentment date of 7/30/2009 as to # 139). MOTION by Plaintiff Harvey N. Levin to strike memorandum in support of motion 59 Defendants' Exhibit E - Luke affidavit 141 is moot. All pleadings in support or opposition to the Motion to Dismiss 58 are stricken. Re-set new deadlines as to motion to dismiss/lack of jurisdiction 58 : Memorandum in Support to be filed by 8/12/2009; Responses due by 8/19/2009, Replies due by 8/26/2009. Motion to dismiss for lack of jurisdiction 58 is taken under advisement - ruling to issue by mail.Mailed notice (pm, ) |
| ***Deadlines 7/30/2009 terminated. (pm, ) |
| Filing 144 NOTICE of Motion by Deborah Joyce Allen for presentment of motion for leave to file 143 before Honorable David H. Coar on 7/29/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 143 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for leave to file the transcript of the deposition of James E. Ryan (Attachments: # 1 Exhibit A)(Allen, Deborah) |
| Filing 142 Plaintiff's Motion to Strike Defendants' Exhibit E (Luke Affidavit) to Defendants' Reply NOTICE of Motion by Edward R. Theobald for presentment of motion for leave to file,, 139 , motion to strike, motion for relief 141 , motion to dismiss/lack of jurisdiction 58 before Honorable David H. Coar on 7/30/2009 at 09:00 AM. (Theobald, Edward) |
| Filing 141 MOTION by Plaintiff Harvey N. Levin to strike memorandum in support of motion 59 Defendants' Exhibit E - Luke affidavit (Attachments: # 1 Exhibit Defendants' Rule 26(a)(1) Disclosure)(Theobald, Edward) |
| Filing 140 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion for leave to file,, 139 , motion to dismiss/lack of jurisdiction 58 before Honorable David H. Coar on 7/30/2009 at 09:00 AM. (Theobald, Edward) |
| Filing 139 MOTION by Plaintiff Harvey N. Levin for leave to file Plaintiff's Sur-Reply in Opposition to Defendants' Motion to Dismiss Counts 1 and 2 of Plaintiff's Amended Complaint (Attachments: # 1 Supplement Plaintiff's Sur-Reply in Opposition to Defendants' Motion to Dismiss Counts 1 and 2 of Plaintiff's Amended Complaint, # 2 Exhibit Plaintiff's Exhibit A [Redacted] - the Deposition of James Ryan, former Illinois Attorney General, # 3 Exhibit Ryan Deposition Exhibit 1, # 4 Exhibit Ryan Deposition Exhibit 3 [Redacted])(Theobald, Edward) |
| Filing 138 MINUTE entry before the Honorable Sidney I. Schenkier:Status hearing held. Plaintiff's motion to enforce order or for sanctions 136 is granted in part and denied in part. By 7/14/09, Defendants shall produce to plaintiff the personnel transaction forms and personnel records for attorneys in the Consumer Fraud Protection Division for the period 1/1/2002 through 12/31/2008. The motion is denied as to sanctions. Status hearing is set for 10/8/09 at 9:00 a.m. Mailed notice (wyh, ) |
| Filing 137 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to enforce 136 before Honorable Sidney I. Schenkier on 7/9/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 136 MOTION by Plaintiff Harvey N. Levin to enforce Order or For Sanctions (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Theobald, Edward) |
| Filing 135 MINUTE entry before the Honorable Sidney I. Schenkier:Motion hearing held. For reasons stated in open court, plaintiff's motion for order requiring the deposition of James Ryan 129 is granted, and the motion of non-party movant James Ryan for protective order 132 is denied. The deposition of Mr. Ryan shall proceed no later than 7/2/09. By agreement, plaintiff shall answer Interrogatory No.10, which was a subject of defendants' motion to compel 123 for which the Court deferred ruling in its order of 4/24/09. Plaintiff's answer to Interrogatory No.10 shall be served by 6/22/09. Mailed notice (wyh, ) |
| Filing 134 MINUTE entry before the Honorable Sidney I. Schenkier:Plaintiff's motion for order requiring deposition of James Ryan 129 is entered and continued to 5/14/09 at 8:30 a.m. Mailed notice (wyh, ) |
| Filing 133 NOTICE of Motion by Deborah Joyce Allen for presentment of motion for protective order 132 before Honorable Sidney I. Schenkier on 5/14/2009 at 08:30 AM. (Allen, Deborah) |
| Filing 132 MOTION by Movant James E. Ryan for protective order (Attachments: # 1 Exhibit A - E)(Allen, Deborah) |
| Filing 131 ATTORNEY Appearance for non-party, James E. Ryan (Allen, Deborah) |
| Filing 130 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion for order 129 before Honorable Sidney I. Schenkier on 5/13/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 129 MOTION by Plaintiff Harvey N. Levin for order Requiring the Deposition of James E. Ryan (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Theobald, Edward) |
| Filing 128 MINUTE entry before the Honorable Sidney I. Schenkier:Motion hearing held. For reasons stated in open court and as summarized below, plaintiffs motion to reconsider and amend the order of 12/30/08 92 is denied, plaintiffs motion to compel discovery 121 is granted in part and denied in part, and defendants motion to compel discovery 123 is granted in part and denied in part. Defendants responses to discovery required by this order shall be provided by 05/08/09. Plaintiffs responses to document requests required by this order are due by 5/26/09, and plaintiffs responses to interrogatories required by this order are due by 6/22/09. Status hearing set for 7/7/09 at 9:00 a.m. See minute order for further details. Mailed notice (wyh, ). |
| Filing 127 MINUTE entry before the Honorable Sidney I. Schenkier:The status hearing set on 4/23/09 at 9:00 is reset for 4/24/09 at 11:00 a.m. Plaintiff's third motion to compel 121 and defendants' motion to compel discovery 123 are entered and continued to 4/24/09 at 11:00 a.m. Mailed notice (wyh, ) |
| Filing 126 MINUTE entry before the Honorable David H. Coar: MOTION by Plaintiff Harvey N. Levin to compel discovery 121 and MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois to compel Discovery 123 are referred to Judge Schennkier for hearing and ruling. Parties are reminded that on 10/30/2008, (document # 71), this Court referred all discovery motions and discovery disputes to Judge Schenkier as stated on the record. All future discovery motions are to be presented to Judge Schenkier.Mailed notice (pm, ) |
| Filing 124 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to compel 123 before Honorable Sidney I. Schenkier on 4/23/2009 at 08:30 AM. (Allen, Deborah) |
| Filing 123 MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois to compel Discovery (Attachments: # 1 Exhibit A - H)(Allen, Deborah) |
| Filing 125 REPLY Memorandum of law by Lisa Madigan, Office of the Attorney General, The State of Illinois in support of their motion to Dismiss Counts I and II of the plaintiff's Amended Complaint pursuant to rule 12(b)(1) is filed as restricted in accordance with an order entered by the Honorable David H. Coar, on April 15,2009.(RESTRICTED) (vcf, ) |
| Filing 122 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to compel 121 before Honorable Sidney I. Schenkier on 4/23/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 121 MOTION by Plaintiff Harvey N. Levin to compel discovery (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Theobald, Edward) |
| Filing 120 MINUTE entry before the Honorable David H. Coar: MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to seal Defendants' Reply Memorandum & Exhibits in Support of their Motion to Dismiss pursuant to Rule 12(b)(1) 118 is granted, parties shall comply with the Local Rules as they relate to the filing of documents under seal. Parties need not appear on the presentment date of 4/20/2009.Mailed notice (pm, ) |
| Filing 119 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to seal 118 before Honorable David H. Coar on 4/20/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 118 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to seal Defendants' Reply Memorandum & Exhibits in Support of their Motion to Dismiss pursuant to Rule 12(b)(1) (Allen, Deborah) |
| Filing 117 REPLY by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to memorandum in support of motion 59 , motion to dismiss/lack of jurisdiction 58 (Attachments: # 1 Exhibit A - F, # 2 Exhibit G- H)(Allen, Deborah) |
| Filing 116 RESPONSE and exhibit C by Plaintiff Harvey N. Levin. (RESTRICTED) (vcf, ) |
| Filing 115 MINUTE entry before the Honorable David H. Coar: Motion hearing held on 3/17/2009 regarding motion to seal 108 , extension of time 110 . MOTION by Plaintiff Harvey N. Levin to strike memorandum in support of motion 59 Exhibits C-F 104 is denied. MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for extension of time to File Reply Brief in Support of 12(b)(1) motion - 110 is granted for one additional week. Mailed notice (pm, ) |
| Filing 114 MINUTE entry before the Honorable David H. Coar: MOTION by Plaintiff Harvey N. Levin to seal Plaintiff's Response and Plaintiff's Exhibit C as Restricted 108 is granted.Mailed notice (pm, ) |
| Filing 113 MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing set for 4/22/09 is reset to 4/23/2009 at 09:00 AM. Plaintiff Harvey N. Levin motion for reconsideration regarding order on motion for protective order,order on motion to compel, is reset for hearing on 4/23/09 at 9:00 a.m.Telephone notice (mmm, ) |
| Filing 112 MINUTE entry before the Honorable Sidney I. Schenkier: Pursuant to the parties' request, the status hearing set for 3/24/09 is reset to 4/22/2009 at 09:00 AM. Telephone notice (mmm, ) |
| Filing 111 Agreed Motion NOTICE of Motion by Deborah Joyce Allen for presentment of extension of time 110 before Honorable David H. Coar on 3/19/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 110 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for extension of time to File Reply Brief in Support of 12(b)(1) motion - Agreed Motion (Allen, Deborah) |
| Filing 109 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to seal 108 before Honorable David H. Coar on 3/17/2009 at 09:00 AM. (Theobald, Edward) |
| Filing 108 MOTION by Plaintiff Harvey N. Levin to seal Plaintiff's Response and Plaintiff's Exhibit C as Restricted (Theobald, Edward) |
| Filing 107 NOTICE by Harvey N. Levin re response in opposition to motion, 106 (Theobald, Edward) |
| Filing 106 RESPONSE by Harvey N. Levinin Opposition to MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss for lack of jurisdiction 58 Redacted (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C - Redacted)(Theobald, Edward) |
| Filing 105 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to strike, motion for relief 104 before Honorable David H. Coar on 3/17/2009 at 09:00 AM. (Theobald, Edward) |
| Filing 104 MOTION by Plaintiff Harvey N. Levin to strike memorandum in support of motion 59 Exhibits C-F (Theobald, Edward) |
| Filing 103 TRANSCRIPT OF PROCEEDINGS held on 11/25/08 before the Honorable Sidney I. Schenkier. Court Reporter Contact Information: Riki Schatell, 773-728-7281. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/26/2009. Redacted Transcript Deadline set for 4/6/2009. Release of Transcript Restriction set for 6/3/2009. (lcw, ) |
| Filing 102 MINUTE entry before the Honorable Sidney I. Schenkier:Status hearing set for 2/26/09 is reset to 3/24/2009 at 09:00 AM. Plaintiff's motion for reconsideration regarding order on motion for protective order, order on motion to compel, set deadlines/hearings, motion hearing, 90 (doc. # 92) is continued to 3/24/09 at 9:00 a.m. Mailed notice (mmm, ) |
| Filing 101 MINUTE entry before the Honorable David H. Coar: Motion for extension of time to file response/reply regarding MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss for lack of jurisdiction 58 99 is granted and the Response is now due/filed by 3/6/2009.Mailed notice (pm, ) |
| Filing 100 AGREED NOTICE of Motion by Edward R. Theobald for presentment of motion for extension of time to file response/reply 99 before Honorable David H. Coar on 2/3/2009 at 09:00 AM. (Theobald, Edward) |
| Filing 99 MOTION by Plaintiff Harvey N. Levin for extension of time to file response/reply AGREED (Theobald, Edward) |
| Filing 98 MINUTE entry before the Honorable David H. Coar: Defendants' AgreedMotion to alter briefing schedule 96 is granted until April 3, 2009 to file theirReply Brief in Support of Their Rule 12(b)(1) Motion to Dismiss. Re-set deadlines as to motion to dismiss/lack of jurisdiction 58 : Replies due by 4/3/2009. Parties need not appear on the presentment date of 2/3/2009. Mailed notice (pm, ) |
| Filing 97 Agreed NOTICE of Motion by Deborah Joyce Allen for presentment of motion for miscellaneous relief, 96 before Honorable David H. Coar on 2/3/2009 at 09:00 AM. (Allen, Deborah) |
| Filing 96 MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of IllinoisAgreed Motion To Alter Briefing Schedule on Defendants' Rule 12(b)(1) Motion to Dismiss (Allen, Deborah) |
| Filing 95 RE NOTICE of Motion by Edward R. Theobald for presentment of motion for reconsideration,, motion for relief,,,,,,, 92 before Honorable Sidney I. Schenkier on 2/17/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 94 RE NOTICE of Motion by Edward R. Theobald for presentment of motion for reconsideration,, motion for relief,,,,,,, 92 before Honorable Sidney I. Schenkier on 2/12/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 93 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion for reconsideration,, motion for relief,,,,,,, 92 before Honorable Sidney I. Schenkier on 1/15/2009 at 08:30 AM. (Theobald, Edward) |
| Filing 92 MOTION by Plaintiff Harvey N. Levin for reconsideration regarding order on motion for protective order,,,, order on motion to compel,,,, set deadlines/hearings,,,, motion hearing,,, 90 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Theobald, Edward) |
| Filing 91 PROTECTIVE Order Signed by the Honorable Sidney I. Schenkier on 12/30/2008.(vcf, ) |
| Filing 90 MINUTE entry before the Honorable Sidney I. Schenkier: Motion Hearing Held. Plaintiff's motion to compel production of documents (doc.#88) is granted in part as directed. The defendants are to produce transaction records from the Consumer Fraud Bureau for the time period starting 5/2006 to 12/2006. Defendants are to produce the personnel files for defendants from 1/2003 to present, and the same types of personnel records as are being produced for non-party witnesses whom defendants may call at trial. Defendants are to produce the documents by 1/29/2009. Plaintiff's motion for protective order (doc.#86) is granted as directed by the court. The status hearing set for 1/6/2009 is reset to 2/26/2009 at 9:00 a.m. Mailed notice (vcf, ) |
| Filing 89 NOTICE of Motion by Edward R. Theobald for presentment of motion to compel 88 before Honorable Sidney I. Schenkier on 12/30/2008 at 08:30 AM. (Theobald, Edward) |
| Filing 88 MOTION by Plaintiff Harvey N. Levin to compel Production of Documents (Attachments: # 1 Exhibit A)(Theobald, Edward) |
| Filing 87 NOTICE of Motion by Edward R. Theobald for presentment of motion for protective order 86 before Honorable Sidney I. Schenkier on 12/30/2008 at 08:30 AM. (Theobald, Edward) |
| Filing 86 MOTION by Plaintiff Harvey N. Levin for protective order (Attachments: # 1 Text of Proposed Order Proposed Protective Order)(Theobald, Edward) |
| Filing 85 NOTICE by Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois re reply 83 , reply 84 in Support of Motion to Dismiss Amended Complaint (Allen, Deborah) |
| Filing 84 REPLY by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen in Support of Their Motion to Dismiss Plaintiff's Amended Complaint (Allen, Deborah) |
| Filing 83 REPLY by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois in Support of the Remaining Arguments of Their Motion to Dismiss Plaintiff's Amended Complaint Pursuant to Rule 12(b)(6) (Allen, Deborah) |
| Filing 82 TRANSCRIPT OF PROCEEDINGS held on 10/30/08 before the Honorable David H. Coar. Court Reporter Contact Information: Tracey D. McCullough, 312-435-5570, Tracey_Mccullough@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/26/2008. Redacted Transcript Deadline set for 1/5/2009. Release of Transcript Restriction set for 3/4/2009. (Mccullough, Tracey) |
| Filing 81 MINUTE entry before the Honorable Sidney I. Schenkier: Motion hearing held. For the reasons stated on the record, defendants motion for extension of time to respond to plaintiffs request for production of documents (doc. # 77) is granted. Defendants are to respond to the document requests by 12/16/08. Plaintiffs motion to compel ( doc. # 79) is granted in part and denied in part. Plaintiffs motion to compel answers to interrogatories by Ms. Madigan is granted; those interrogatory responses shall be served by 12/16/08. In all other respects, plaintiff's motion to compel is denied. Status hearing set for 1/6/09 at 9:00 a.m. Mailed notice (mmm, ) |
| Filing 80 NOTICE of Motion by Edward R. Theobald for presentment of motion to compel 79 before Honorable Sidney I. Schenkier on 11/25/2008 at 08:30 AM. (Theobald, Edward) |
| Filing 79 MOTION by Plaintiff Harvey N. Levin to compel Discovery (Attachments: # 1 Exhibit A)(Theobald, Edward) |
| Filing 78 NOTICE of Motion by Deborah Joyce Allen for presentment of extension of time, 77 before Honorable Sidney I. Schenkier on 11/25/2008 at 08:30 AM. (Allen, Deborah) |
| Filing 77 MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois for extension of time to Respond to Plaintiff's Request for Production of Documents (Allen, Deborah) |
| Filing 76 NOTICE by Harvey N. Levin re Response 74 to the Individual Defendants Motion to Dismiss Counts 3 and 4 of Plaintiffs Amended Complaint (Theobald, Edward) |
| Filing 75 NOTICE by Harvey N. Levin re Response, 73 To The Remaining Arguments of Defendants Lisa Madigan, Illinois Attorney General, the Office of the Attorney General, and the State of Illinois 12(b)(6) Motion to Dismiss Plaintiffs Amended Complaint (Theobald, Edward) |
| Filing 74 RESPONSE by Plaintiff Harvey N. Levin to the Individual Defendants Motion to Dismiss Counts 3 and 4 of Plaintiffs Amended Complaint 36 (Theobald, Edward) Modified on 11/13/2008 (kj, ). |
| Filing 73 RESPONSE by Plaintiff Harvey N. Levin To The Remaining Arguments of Defendants Lisa Madigan, Illinois Attorney General, the Office of the Attorney General, and the State of Illinois 12(b)(6) Motion to Dismiss Plaintiffs Amended Complaint 33 (Theobald, Edward) Modified on 11/13/2008 (kj, ). |
| Filing 72 MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing set for 11/25/2008 at 09:00 AM. Mailed notice (mmm, ) |
| Filing 71 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sidney I. Schenkier for the purpose of holding proceedings related to: all discovery disputes and all discovery motions.(pm, )Mailed notice. |
| Filing 70 MINUTE entry before the Honorable David H. Coar: Motion hearing held on 10/30/2008 regarding motion for discovery 66 . Motion for discovery 66 is terminated. Reset deadlines as to the 12(b)(1) motion to dismiss/lack of jurisdiction 58 : Responses due by 2/10/2009, Replies due by 2/27/2009. The existing briefing schedule as to the remaining issues contained in the 12(b)(6) motions to dismiss [#33 & 36] shall remain. Rule 16(b) Scheduling conference held on 10/30/2008. All deadlines in the previous scheduling order are stricken. Enter revised schedule as follows: Any amendments to pleadings or actions to join other parties shall be filed on or before 3/5/2009. Discovery ordered closed by 9/30/2009. The plaintiff shall disclose expert testimony pursuant to Rule 26(a)(2) by 5/1/2009. The defendant shall depose the plaintiff's expert by 6/15/2009. The defendants shall disclose expert testimony pursuant to Rule 26(a)(2) by 8/14/2009. The plaintiff shall depose the defendants' expert by 9/28/2009. Discovery materials are not to be filed with the Court pursuant to N.D. Ill. Local Rule 26.3 (discovery "shall not be filed with the court"). All future discovery disputes and discovery motions are referred to the Magistrate Judge. Dispositive motions with supporting memoranda due by 10/30/2009 (all motions are to be filed in accordance to and noticed for presentment for a date certain pursuant to Local Rule 5.3(b)). Final Pretrial Order now due by 1/29/2010. Final Pretrial Conference reset for 2/12/2010 at 11:00 AM. Jury Trial reset for 2/22/2010 at 10:00 AM. The parties are directed to review this Court's standing orders. Copies are available in chambers or through the Court's web page Mailed notice (pm, ) |
| Filing 69 NOTICE by Lisa Madigan, Office of the Attorney General, The State of Illinois re response in opposition to motion, 68 (Allen, Deborah) |
| Filing 68 RESPONSE by Lisa Madigan, Office of the Attorney General, The State of Illinoisin Opposition to MOTION by Plaintiff Harvey N. Levin for discovery To Complete Discovery Before Responding to Defendants' Second Motion to Dismiss Counts 1 and 2 Filed Under Rule 12(b)(1) or For Other Relief 66 (Attachments: # 1 Exhibit A-C)(Allen, Deborah) |
| Filing 67 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion for discovery 66 , motion to dismiss/lack of jurisdiction 58 before Honorable David H. Coar on 10/30/2008 at 09:00 AM. (Theobald, Edward) |
| Filing 66 MOTION by Plaintiff Harvey N. Levin for discovery To Complete Discovery Before Responding to Defendants' Second Motion to Dismiss Counts 1 and 2 Filed Under Rule 12(b)(1) or For Other Relief (Theobald, Edward) |
| Filing 65 NOTICE by Harvey N. Levin re report of rule 26(f) planning meeting 63 , other 64 (Theobald, Edward) |
| Filing 64 Proposed Scheduling Order by Harvey N. Levin and Defendants (Theobald, Edward) |
| Filing 63 REPORT of Rule 26(f) Planning Meeting (Theobald, Edward) |
| Filing 62 MINUTE entry before the Honorable David H. Coar: Set deadlines as to motion to dismiss 58 : Responses due by 11/13/2008, Replies due by 12/4/2008. MOTION BY DEFENDANTS LISA MADIGAN, ILLINOIS ATTORNEY GENERAL,the OFFICE OF THE ATTORNEY GENERAL and the STATE OF ILLINOISTO DISMISS, UNDER 12(b)(1), COUNTS I and II of PLAINTIFFS AMENDED COMPLAINT is taken under advisement - ruling to issue by mail. Parties need not appear on the presentment date of 10/21/2008. Mailed notice (pm, ) |
| Filing 61 MINUTE entry before the Honorable David H. Coar:Status hearing held on 10/16/2008. Set briefing schedule on the balance of the Motion to Dismiss [33 & 36] Responses due by 11/13/2008; Replies due by 12/4/2008, ruling to issue by mail. For the reasons stated on the record, the stay of discovery is removed. Rule 16(b) Scheduling Conference set for 10/30/2008 at 9:00 a.m. Report of Parties Planning Conference pursuant to Rule 26(f) and the Proposed Scheduling Order pursuant to Rule 16(b) to be e-filed (see paragraph B below) to be filed by 10/27/ 2008. Both documents to be e-filed on the docket as individual separate documents. Forms of Report of Planning conference and Proposed Scheduling Order are available on the Judge Coars web page or in chambers. Mailed notice (pm, ) |
| Filing 60 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to dismiss/lack of jurisdiction 58 before Honorable David H. Coar on 10/21/2008 at 09:00 AM. (Allen, Deborah) |
| Filing 59 MEMORANDUM by Lisa Madigan, Office of the Attorney General, The State of Illinois in support of motion to dismiss/lack of jurisdiction 58 (Attachments: # 1 Exhibit A-F, # 2 Exhibit G)(Allen, Deborah) |
| Filing 58 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss for lack of jurisdiction (Allen, Deborah) |
| Filing 57 MINUTE entry before the Honorable David H. Coar: At the request of defense counselor, the status date of 10/15/2008 is stricken. Status hearing re-set for 10/16/2008 at 09:00 AM. Mailed notice (pm, ) |
| Filing 56 MINUTE entry before the Honorable David H. Coar:Because 10/13/2008 falls on a holiday, the date of 10/13/2008 is stricken. Status hearing reset for 10/15/2008 at 09:00 A.M.Mailed notice (pm, ) |
| Filing 55 MEMORANDUM Opinion and Order Signed by the Honorable David H. Coar on 9/12/2008.(vcf, ) |
| Filing 54 MINUTE entry before the Honorable David H. Coar: Enter attached Memorandum Opinion and Order. For the reasons stated in the attached Memorandum Opinion and Order, Defendant's Motion to Dismiss (Document 34 ) is DENIED. Status hearing set for October 13, 2008 at 9:00am. Mailed notice (vcf, ) |
| Filing 53 NOTICE by Lisa Madigan, Office of the Attorney General, The State of Illinois re reply to response to motion, 52 to dismiss Plaintiff's Amended Complaint (Allen, Deborah) |
| Filing 52 REPLY by Lisa Madigan, Office of the Attorney General, The State of Illinois to response in opposition to motion, 48 , MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss Plaintiff's Amended Complaint 33 (Allen, Deborah) |
| Filing 51 MINUTE entry before Judge David H. Coar : Motion hearing held on 2/4/2008 regarding motion to strike,, motion for relief,,, 46 . Motion to strike 46 is denied. Defendants are given leave to file brief one day late on Wednesday 2/6/2007. Mailed notice (pm, ) |
| Filing 50 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion to strike,, motion for relief,,, 46 before Honorable David H. Coar on 2/4/2008 at 09:00 AM. (Attachments: # 1 motion filed on 1-21-08)(Theobald, Edward) |
| Filing 49 NOTICE by Harvey N. Levin re response in opposition to motion, 48 (Theobald, Edward) |
| Filing 48 RESPONSE by Harvey N. Levinin Opposition to MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss Plaintiff's Amended Complaint 33 (Attachments: # 1 Exhibit A - Plaintiff's Affidavit# 2 Exhibit B - Rantis' Affidavit# 3 Certificate of Service)(Theobald, Edward) |
| Filing 47 NOTICE by Harvey N. Levin re MOTION by Plaintiff Harvey N. Levin to strike MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss Plaintiff's Amended Complaint 33 , memorandum in support of motion 34 MOTION by Plaintiff Harvey N. Levin to strike MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss Plaintiff's Amended Complaint 33 , memorandum in support of motion 34 46 (Theobald, Edward) |
| Filing 46 MOTION by Plaintiff Harvey N. Levin to strike MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss Plaintiff's Amended Complaint 33 , memorandum in support of motion 34 (Attachments: # 1 Certificate of Service)(Theobald, Edward) |
| Filing 45 MINUTE entry before Judge David H. Coar :Motion hearing held on 12/11/2007 regarding # 40 and # 42. Plaintiffs Motion 40 to extend the time to file plaintiffs responses to Motions to dismiss is Granted to the extent that the plaintiff has until January 21, 2008 to file responses to the pending motions to dismiss. The response shall address only the issue that an Assistant Attorney General, is not, as a matter of law, an employee under ADEA or Title VII. The defendants have until 2/5/2008 to file replies in support of the Motions to Dismiss. The Defendants Motion 42 to Stay Discovery pending resolution of Motions to Dismiss is granted in part. Everything is stayed pending resolution of the first part of the Motions to Dismiss as to Counts 1 and 2.Mailed notice (pm, ) |
| Filing 44 MINUTE entry before Judge David H. Coar :Motion hearing held on 12/6/2007 regarding motion for extension of time to file response/reply, motion for relief,,,,,,,, 40 . Plaintiff's motion for extension of time to file response/reply, 40 is entered and continued 12-11-07 at 9:00 a.m. with the Defendants' Motion to Stay. Motion Hearing set for 12/11/2007 at 09:00 AM.Mailed notice (pm, ) |
| Filing 43 Motion to Stay Discovery NOTICE of Motion by Deborah Joyce Allen for presentment of motion to stay, motion for relief,,,, 42 before Honorable David H. Coar on 12/11/2007 at 09:00 AM. (Allen, Deborah) |
| Filing 42 MOTION by Defendants Lisa Madigan, Ann Spillane, Office of the Attorney General, Alan Rosen, Roger P Flahaven, Deborah Hagen, The State of Illinois to stay regarding MOTION by Plaintiff Harvey N. Levin for extension of time to file response/reply as to memorandum in support of motion 37 , motion to dismiss 33 , motion to dismiss 36 , memorandum in support of motion 34 MOTION by Plaintiff Harvey N. Levin for extension of time to file response/reply as to memorandum in support of motion 37 , motion to dismiss 33 , motion to dismiss 36 , memorandum in support of motion 34 40 (Attachments: # 1 Exhibit A)(Allen, Deborah) |
| Filing 41 NOTICE of Motion by Edward R. Theobald for presentment of motion for extension of time to file response/reply, motion for relief,,,,,,,, 40 before Honorable David H. Coar on 12/6/2007 at 09:00 AM. (Theobald, Edward) |
| Filing 40 MOTION by Plaintiff Harvey N. Levin for extension of time to file response/reply as to memorandum in support of motion 37 , motion to dismiss 33 , motion to dismiss 36 , memorandum in support of motion 34 (Attachments: # 1 Exhibit # 2 Certificate of Service)(Theobald, Edward) |
| Filing 39 MINUTE entry before Judge David H. Coar : Set deadlines as to MOTION 33 by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss Plaintiff's Amended Complaint and MOTION 36 by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen to dismiss Plaintiff's Amended Complaint : Responses due by 12/21/2007; Replies due by 1/10/2008. Motion to dismiss 36 and Motion to dismiss 33 are taken under advisement - ruling to issue by mail. Parties need not appear on the noticed motion date of 12/4/2007. Mailed notice (pm, ) |
| Filing 38 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to dismiss 36 before Honorable David H. Coar on 12/4/2007 at 09:00 AM. (Allen, Deborah) |
| Filing 37 MEMORANDUM by Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen in support of motion to dismiss 36 and Exhibits A - E (Attachments: # 1)(Allen, Deborah) |
| Filing 36 MOTION by Defendants Lisa Madigan, Ann Spillane, Alan Rosen, Roger P Flahaven, Deborah Hagen to dismiss Plaintiff's Amended Complaint (Allen, Deborah) |
| Filing 35 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to dismiss 33 before Honorable David H. Coar on 12/4/2007 at 09:00 AM. (Allen, Deborah) |
| Filing 34 MEMORANDUM by Lisa Madigan, Office of the Attorney General, The State of Illinois in support of motion to dismiss 33 and Exhibits A - E (Attachments: # 1)(Allen, Deborah) |
| Filing 33 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss Plaintiff's Amended Complaint (Allen, Deborah) |
| Filing 32 MINUTE entry before Judge David H. Coar :Rule 16(b) Scheduling conference held on 11/7/2007. All disclosures required by Rule 26(a)(1) shall be made on or before 12/3/2007. Any amendments to pleadings or actions to join other parties shall be filed on or before 1/31/2008. Discovery ordered closed by 7/31/2008. All expert discovery to be completed by 7/31/2008. Dispositive motions with supporting memoranda due by 8/29/2008 (all motions are to be in accordance to and noticed for a date certain pursuant to Local Rule 5.3(b)). Final Pretrial Order due by 12/10/2008. Final Pretrial Conference set for 12/19/2008 at 11:00 AM. Jury Trial set for 1/19/2009 at 10:00 AM. The parties are directed to review this Court's standing orders. Copies are available in chambers or through the Court's web page.Mailed notice (pm, ) |
| Filing 31 NOTICE by Harvey N. Levin re report of rule 26(f) planning meeting 30 (Theobald, Edward) |
| Filing 30 REPORT of Rule 26(f) Planning Meeting by Harvey N. Levin (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Theobald, Edward) |
| Filing 29 MINUTE entry before Judge David H. Coar : Motion hearing held on 10/24/2007 regarding extension of time 27 . MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for extension of time to Answer or Otherwise Plead to Plaintiff's Amended Complaint 27 is granted - said defendants to answer or plead on or before 11/26/2007. Mailed notice (pm, ) |
| Filing 28 NOTICE of Motion by Deborah Joyce Allen for presentment of extension of time 27 before Honorable David H. Coar on 10/24/2007 at 09:00 AM. (Allen, Deborah) |
| Filing 27 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for extension of time to Answer or Otherwise Plead to Plaintiff's Amended Complaint (Allen, Deborah) |
| Filing 26 WAIVER OF SERVICE returned executed by Harvey N. Levin. Deborah Hagen waiver sent on 9/27/2007, answer due 11/26/2007. (Theobald, Edward) |
| Filing 25 WAIVER OF SERVICE returned executed by Harvey N. Levin. Roger P Flahaven waiver sent on 9/27/2007, answer due 11/26/2007. (Theobald, Edward) |
| Filing 24 WAIVER OF SERVICE returned executed by Harvey N. Levin. Alan Rosen waiver sent on 9/27/2007, answer due 11/26/2007. (Theobald, Edward) |
| Filing 23 WAIVER OF SERVICE returned executed by Harvey N. Levin. Ann Spillane waiver sent on 9/27/2007, answer due 11/26/2007. (Theobald, Edward) |
| Filing 22 WAIVER OF SERVICE returned executed by Harvey N. Levin. (Theobald, Edward) |
| Filing 21 WAIVER OF SERVICE returned executed by Harvey N. Levin. Lisa Madigan waiver sent on 9/27/2007, answer due 11/26/2007. (Theobald, Edward) |
| Filing 20 WAIVER OF SERVICE returned executed by Harvey N. Levin. Office of the Attorney General waiver sent on 9/27/2007, answer due 11/26/2007. (Theobald, Edward) |
| Filing 19 WAIVER OF SERVICE returned executed by Harvey N. Levin. The State of Illinois waiver sent on 9/27/2007, answer due 11/26/2007. (Theobald, Edward) |
| Filing 18 MINUTE entry before Judge David H. Coar : Rule 16(b) Scheduling Conference set for November 7, 2007 at 09:00 a.m. Report of Parties Planning Conference pursuant to Rule 26(f) and the Proposed scheduling order pursuant to Rule 16(b) to be filed and submitted to chambers. (Forms of report of planning conference and proposed scheduling order are available on the Court's web page or in chambers). Mailed notice (td, ) |
| Filing 17 NOTICE by Harvey N. Levin re amended complaint, 16 (Theobald, Edward) |
| Filing 16 Plaintiff's First AMENDED complaint by Harvey N. Levin against all defendants Lisa Madigan, individually, and as Illinois Attorney General, Office of The Illinois Attorney General, The State of Illinois, Ann Spillane, individually, Alan Rosen, individually, Roger Flahaven, individually, and Deborah Hagen, individually (Theobald, Edward) |
| Filing 15 MINUTE entry before Judge David H. Coar : Motion hearing held on 9/27/2007 regarding motion to dismiss 9 .For the reasons stated on the record, the plaintiff's motion 13 for leave to file first amended complaint and to issue summons for five additional defendants is denied as unnecessary. If the amended complaint is filed, the Motion to dismiss 9 is denied as moot. Defendants' attorney represented that she would accept service of the first amended complaint on behalf of defendants. Defendants are given to October 18, 2007 to answer or plead to the first amended complaint.Mailed notice (pm, ) |
| Filing 14 Plaintiff's NOTICE of Motion by Edward R. Theobald for presentment of motion for leave to file 13 before Honorable David H. Coar on 10/2/2007 at 09:00 AM. (Theobald, Edward) |
| Filing 13 MOTION by Plaintiff Harvey N. Levin for leave to file Plaintiff's First Amended Complaint (Attachments: # 1 Plaintiff's First Amended Complaint# 2 Certificate of Service)(Theobald, Edward) |
| Filing 11 NOTICE of Motion by Deborah Joyce Allen for presentment of motion to dismiss 9 before Honorable David H. Coar on 9/27/2007 at 09:00 AM. (Allen, Deborah) |
| Filing 10 MEMORANDUM by Lisa Madigan, Office of the Attorney General, The State of Illinois in support of motion to dismiss 9 Plaintiff's Complaint (Attachments: # 1 # 2 Exhibit A and B)(Allen, Deborah) |
| Filing 9 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois to dismiss Plaintiff's Complaint (Allen, Deborah) |
| Filing 12 MINUTE entry before Judge David H. Coar : Motion hearing held on 9/19/2007 regarding motion for extension of time to file answer, motion for relief 7 . Motion for extension of time to answer 7 is granted, defendant to answer or plead on or before 9/21/2007. Mailed notice (pm, ) |
| Filing 8 NOTICE of Motion by Deborah Joyce Allen for presentment of motion for extension of time to file answer, motion for relief 7 before Honorable David H. Coar on 9/19/2007 at 09:00 AM. (Allen, Deborah) |
| Filing 7 MOTION by Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois for extension of time to file answer regarding complaint 1 or otherwise plead (Allen, Deborah) |
| Filing 6 ATTORNEY Appearance for Defendants Lisa Madigan, Office of the Attorney General, The State of Illinois by Deborah Joyce Allen (Allen, Deborah) |
| Filing 5 SUMMONS Issued as to Defendants Lisa Madigan, Office of the Attorney General and The State of Illinois at two different addresses. (vcf, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Harvey N. Levin by Edward R. Theobald. (vcf, ) |
| Filing 2 CIVIL Cover Sheet. (vcf, ) |
| Filing 1 COMPLAINT filed by Harvey N. Levin; Jury Demand.(vcf, ) |
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