Whitaker v. City of Chicago et al
| Tanesha Whitaker, ATG Trust Company and The Chicago Trust Company |
| City of Chicago, a municipal corporation and Gildardo Sierra |
| 1:2011cv07362 |
| October 18, 2011 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Amy J Eve |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Defendant |
Docket Report
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| Filing 153 SEALED MOTION by Plaintiffs The Chicago Trust Company, Tanesha Whitaker (Sandberg, Craig) |
| Filing 151 MINUTE entry before Honorable Amy J. St. Eve: Plaintiffs' Motion for Order for Settlement of Wrongful Death Action, For Finding of Dependency, and Approval of Attorneys Fees and Disbursements #147 is granted. This case is hereby dismissed, without prejudice, with leave to reinstate by 5/20/13. After 5/20/13, said dismissal will be with prejudice. All other pending dates and deadlines are stricken. Civil case terminated. Mailed notice (kef, ) |
| Filing 150 MINUTE entry before Honorable Amy J. St. Eve: Motion to withdraw appearance #148 is granted. Michael Pasquinelli is given leave to withdraw his appearance on behalf of defendant Officer Sierra. Notice motion date of 2/21/13 is stricken. Mailed noticesMailed Notices notice (gcy, ) |
| Filing 149 NOTICE of Motion by Michael J. A. Pasquinelli for presentment of motion to withdraw as attorney #148 before Honorable Amy J. St. Eve on 2/21/2013 at 08:30 AM. (Pasquinelli, Michael) |
| Filing 148 MOTION by counsel for Defendant Gildardo Sierra to withdraw as attorney (Pasquinelli, Michael) |
| Filing 147 SEALED MOTION by Plaintiffs The Chicago Trust Company, Tanesha Whitaker , MOTION by Plaintiffs The Chicago Trust Company, Tanesha WhitakerOrder for Settlement of Wrongful Death Action, For Finding of Dependency, and Approval of Attorneys Fees and Disbursements (Attachments: #1 Exhibit Proposed Draft Order)(Sandberg, Craig) |
| Filing 146 MINUTE entry before Honorable Amy J. St. Eve: Status hearing set for 2/19/13 is stricken and reset to 2/20/2013 at 09:00 AM.Mailed notice (kef, ) |
| Filing 145 MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 2/7/2013 and continued to 2/19/2013 at 08:30 AM. Plaintiff is given leave to file the motion for distribution of the settlement proceeds under seal. Mailed notice (kef, ) |
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Filing 144
TRANSCRIPT OF PROCEEDINGS held on 11/6/12 before the Honorable Amy J. St. Eve. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, joseph_rickhoff@ilnd.uscourts.gov. |
| Filing 143 MINUTE entry before Honorable Amy J. St. Eve: Status hearing held on 1/10/2013 and continued to 2/7/2013 at 08:30 AM. Defendants failed to appear. Defendants must be prseent at the next status hearing. In light of settlement, all pending motions #123 #132 are denied as moot without prejudice. Mailed notice (kef, ) |
| Filing 142 REPLY by City of Chicago, a municipal corporation to sealed response #131 , First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMPortions of Count I and II #123 (Pesha, Dana) |
| Filing 141 MINUTE entry before Honorable Amy J. St. Eve: Plaintiff's motion to strike 1/7/13 settlement conference #137 is granted. Settlement conference set for 1/7/13 is stricken. Status hearing set for 1/10/13 at 8:30 a.m. Plaintiff's motion to strike doc. 135 from the public docket #139 is granted in part. The Clerk's Office is directed to seal doc. 135. Notice motion date of 12/27/12 is stricken. Mailed notices (gcy, ) |
| Filing 140 NOTICE of Motion by Craig Michael Sandberg for presentment of motion to strike #139 before Honorable Amy J. St. Eve on 12/27/2012 at 08:30 AM. (Sandberg, Craig) |
| Filing 139 MOTION by Plaintiffs The Chicago Trust Company, Tanesha Whitaker to strike Document Number 135 from the Public Docket (Sandberg, Craig) |
| Filing 138 NOTICE of Motion by Craig Michael Sandberg for presentment of motion to strike #137 before Honorable Amy J. St. Eve on 12/27/2012 at 08:30 AM. (Sandberg, Craig) |
| Filing 137 MOTION by Plaintiffs The Chicago Trust Company, Tanesha Whitaker to strike the January 7, 2013 Settlement Conference (Sandberg, Craig) |
| Filing 136 MINUTE entry before Honorable Amy J. St. Eve: Status hearing held on 12/20/2012. Defendants' joint motion to reconsider #132 is entered. Plaintiffs' motion for extension of time #135 is granted. The depositions of Kevin Smith and Dennis Kamalick shall be completed by 1/25/13. Mailed notice (kef, ) |
| Filing 135 MOTION by Plaintiffs The Chicago Trust Company, Tanesha Whitaker for extension of time to take the depositions of CPD Detective Kevin Smith and IPRA Investigator Dennis Kamalick (Sandberg, Craig) |
| Filing 134 RESPONSE by The Chicago Trust Company, Tanesha Whitakerin Opposition to MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra for reconsideration regarding order on motion to amend/correct, text entry #128 #132 (Sandberg, Craig) |
| Filing 133 NOTICE of Motion by Jordan E. Marsh for presentment of motion for reconsideration, motion for relief,,,, #132 before Honorable Amy J. St. Eve on 12/20/2012 at 08:30 AM. (Marsh, Jordan) |
| Filing 132 MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra for reconsideration regarding order on motion to amend/correct, text entry #128 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Marsh, Jordan) |
| Filing 131 SEALED RESPONSE by The Chicago Trust Company, Tanesha Whitaker to First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMPortions of Count I and II #123 (Sandberg, Craig) |
| Filing 130 MINUTE entry before Honorable Amy J. St. Eve: The Court directs Plaintiffs to file a response to Defendant City of Chicago's motion to dismiss #123 by 12/13/12. Reply by 12/21/12. Mailed notice (kef, ) |
| Filing 129 MINUTE entry before Honorable Amy J. St. Eve: Settlement Conference set for 1/7/2013 at 01:00 PM. Parties' settlement position letters shall be submitted by 12/21/12. Status hearing remains set for 12/20/12 at 8:30 a.m. Mailed notice (kef, ) |
| Filing 128 MINUTE entry before Honorable Amy J. St. Eve: The Court denies Defendants' motion to amend the protective order #108 . [For further details see minute order.] Mailed notice (kef, ) |
| Filing 127 MINUTE entry before Honorable Michael T. Mason:Settlement conference held on 11/29/12. The parties negotiated in good faith but were unable to reach an agreement to settle the case at this time. The parties are strongly encouraged to continued to engage in settlement negotiations. All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned judge. Judge Michael T. Mason no longer referred to the case. Mailed notice. (rbf, ) |
| Filing 126 ATTORNEY Appearance for Plaintiffs The Chicago Trust Company, Tanesha Whitaker by Rebekah Lindsey Williams (Williams, Rebekah) |
| Filing 125 MINUTE entry before Honorable Amy J. St. Eve: The Court grants Plaintiffs' motion to compel #103 . Defendants must produce Investigator Kamalick and Detective Smith for their depositions by no later than 12/21/12. Defendants must produce documents concerning Defendant Sierras mandatory debriefing pursuant to Chicago Police Department General Order G02-09-01(III)(B)(1), as well as all of Defendant Sierra's fitness-for-duty evaluations or affidavits of completeness by no later than 12/14/12. [For further details see minute order.] Mailed notice (kef, ) |
| Filing 124 ANSWER to amended complaint by Gildardo Sierra(Marsh, Jordan) |
| Filing 123 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMPortions of Count I and II (Pesha, Dana) |
| Filing 122 ANSWER to amended complaint Fourth by City of Chicago, a municipal corporation(Pesha, Dana) |
| Filing 121 MINUTE entry before Honorable Amy J. St. Eve: status hearing held on 11/6/12 and continued to 12/20/12 at 8:30 a.m. Defendants' motion to strike doc. 106 #110 is granted. The Clerk's Office is directed to remove doc. 106 from the docket. Defendants' motion to amend protective order #108 is entered and taken under advisement. Defendants' motion to seal the deposition of police Superintendent Garry McCarthy #112 is granted until further order of the court. Defendants shall provide the court with a copy of the deposition for review. Plaintiffs' fourth motion to compel #103 is entered and take under advisement and denied as moot as to defendant Sierra's deposition. Defendants shall answer or otherwise plead to plaintiffs' fourth amended complaint by 11/20/12. Response to any motion to dismiss shall be filed by 12/4/12. Pursuant to Local Rule 37.2. parties must meet and confer before bringing any discovery issues to the court. Mailed notices. (gcy, ) |
| Filing 120 MINUTE entry before Honorable Michael T. Mason:Status hearing set for 11/20/12 is stricken. Settlement Conference set for 11/29/12 at 01:30 p.m. in courtroom 2266. Parties shall strictly abide by this Court's Standing Order for Settlement Conference. Plaintiff's counsel shall submit copies of both plaintiff's settlement demand letter and defendant's response letter to chambers, room 2270 by the close of business on 11/26/12.Mailed notice. (rbf, ) |
| Filing 119 MINUTE entry before Honorable Michael T. Mason:This case has been referred to Magistrate Judge Mason for the sole purpose of conducting a settlement conference. An initial status hearing is set for 11/20/12 at 09:00 a.m. for the sole purpose of scheduling a settlement conference. However, counsel may confer with each other and contact the courtroom deputy, (312) 435-6051 by 11/16/12 to schedule the conference in lieu of attending the 11/20/12 status hearing. Mailed notice. (rbf, ) |
| Filing 118 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Michael T. Mason for the purpose of holding proceedings related to: settlement conference.(kef, )Mailed notice. |
| Filing 117 RESPONSE by The Chicago Trust Company, Tanesha Whitakerin Opposition to MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to amend/correct protective order, set/clear flags #21 #108 (Attachments: #1 Exhibit 1 - Order Declaring Heirship, #2 Exhibit 2 - Affidavit of Heirship)(Sandberg, Craig) |
| Filing 116 RESPONSE by The Chicago Trust Company, Tanesha Whitakerin Opposition to MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to seal #112 (Sandberg, Craig) |
| Filing 115 NOTICE by Gildardo Sierra re response in opposition to motion, #114 (Marsh, Jordan) |
| Filing 114 RESPONSE by Gildardo Sierrain Opposition to MOTION by Plaintiffs The Chicago Trust Company, Tanesha Whitaker to compel oral and written discovery (Fourth Motion to Compel) #103 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Marsh, Jordan) |
| Filing 113 NOTICE of Motion by Dana Marie Pesha for presentment of motion to seal #112 before Honorable Amy J. St. Eve on 11/6/2012 at 08:30 AM. (Pesha, Dana) |
| Filing 112 MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to seal (Pesha, Dana) |
| Filing 111 NOTICE of Motion by Dana Marie Pesha for presentment of motion to strike,, motion for relief, #110 before Honorable Amy J. St. Eve on 11/6/2012 at 08:30 AM. (Pesha, Dana) |
| Filing 110 MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to strike MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to amend/correct protective order, set/clear flags #21 #106 (Pesha, Dana) |
| Filing 109 NOTICE of Motion by Dana Marie Pesha for presentment of (Pesha, Dana) |
| Filing 108 MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to amend/correct protective order, set/clear flags #21 (Pesha, Dana) |
| Filing 107 NOTICE of Motion by Dana Marie Pesha for presentment of motion to amend/correct, motion for relief, #106 before Honorable Amy J. St. Eve on 11/6/2012 at 08:30 AM. (Pesha, Dana) |
| Filing 106 DOCUMENT REMOVED pursuant to order dated 11/6/12. Modified on 11/7/2012 (gcy, ) |
| Filing 105 ATTORNEY Appearance for Defendant City of Chicago, a municipal corporation by Dana Marie Pesha (Pesha, Dana) |
| Filing 104 NOTICE of Motion by Craig Michael Sandberg for presentment of motion to compel, #103 before Honorable Amy J. St. Eve on 11/6/2012 at 08:30 AM. (Sandberg, Craig) |
| Filing 103 MOTION by Plaintiffs The Chicago Trust Company, Tanesha Whitaker to compel oral and written discovery (Fourth Motion to Compel) (Attachments: #1 Exhibit 1 - Post-October 5th Written Efforts to Obtain Discovery from Defendants)(Sandberg, Craig) |
| Filing 102 MINUTE entry before Honorable Amy J. St. Eve: The Court grants Plaintiff's motion to compel #43 Defendant Sierra's employment file to Plaintiff's counsel for "attorney's eyes only". Plaintiff's counsel may review Defendant Sierra's file at defense counsel's office. If Plaintiff's counsel considers any portion of the employment file relevant, he must file a renewed motion to compel regarding any such information and its relevance. Mailed notice (kef, ) |
| Filing 101 MEMORANDUM Opinion and Order Signed by the Honorable Amy J. St. Eve on 10/5/2012:Mailed notice(kef, ) |
| Filing 100 MINUTE entry before Honorable Amy J. St. Eve: The Court denies Defendants' motion to dismiss brought pursuant to Federal Rule of Civil Procedure 12(b)(1) #87 . Now that the Court has ruled on this motion, the parties must take Superintendent McCarthy's deposition before the next status hearing on 11/06/12. [For further details see separate Memorandum Opinion and Order.] Mailed notice (kef, ) |
| Filing 99 MINUTE entry before Honorable Amy J. St. Eve: Status hearing set for 10/11/12 is stricken and reset to 11/6/2012 at 08:30 AM.Mailed notice (kef, ) |
| Filing 98 MINUTE entry before Honorable Amy J. St. Eve: Motion hearing held on 9/18/2012. Defendant City of Chicago's renewed motion to for leave to re-set deposition of Superintendent Garry McCarthy #96 is granted. Mailed notice (kef, ) |
| Filing 97 NOTICE of Motion by Thomas Joseph Platt for presentment of motion to reset #96 before Honorable Amy J. St. Eve on 9/18/2012 at 08:30 AM. (Platt, Thomas) |
| Filing 96 MOTION by Defendant City of Chicago, a municipal corporation to reset Deposition of Superintendent McCarthy (Platt, Thomas) |
| Filing 95 REPLY by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to response to motion, #89 (Attachments: #1 Exhibit, #2 Exhibit)(Pasquinelli, Michael) |
| Filing 94 MINUTE entry before Honorable Amy J. St. Eve: Defendants' unopposed motion to file their joint reply instanter #90 is granted. Counsel should separately file the reply brief upon receipt of this order. Defendant City of Chicago's motino for leave to adopt and joint defendant Sierra's motion to dismiss #92 is granted. No appearance is required on the 9/11/12 notice motion date. Mailed notice (kef, ) |
| Filing 93 NOTICE of Motion by Thomas Joseph Platt for presentment of motion for miscellaneous relief #92 before Honorable Amy J. St. Eve on 9/11/2012 at 08:30 AM. (Platt, Thomas) |
| Filing 92 MOTION by Defendant City of Chicago, a municipal corporationAdopt and Join Motion to Dismiss (#87) (Platt, Thomas) |
| Filing 91 NOTICE of Motion by Michael J. A. Pasquinelli for presentment of motion to file instanter #90 before Honorable Amy J. St. Eve on 9/11/2012 at 08:30 AM. (Pasquinelli, Michael) |
| Filing 90 MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to file instanter Unopposed (Attachments: #1 Exhibit)(Pasquinelli, Michael) |
| Filing 89 RESPONSE by The Chicago Trust Company, Tanesha Whitaker to MOTION by Defendant Gildardo Sierra to dismiss for lack of jurisdiction #87 (Attachments: #1 Exhibit 1 - The City's Answer to the Original Complaint (Circuit Court of Cook County, Illinois (Case No. 11 L 006178)))(Sandberg, Craig) |
| Filing 88 MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 8/21/2012 and continued to 10/11/12 at 8:30 a.m. Defendant Sierra's motion to dismiss #87 is entered. Response by 8/28/12. Reply by 9/4/12. Mailed notice (kef, ) |
| Filing 87 MOTION by Defendant Gildardo Sierra to dismiss for lack of jurisdiction (Pasquinelli, Michael) |
| Filing 86 MINUTE entry before Honorable Amy J. St. Eve: Defendants' motion for an extension of time #84 is granted. Defendants shall answer or otherwise plead to plaintiffs' fourth amended complaint on 8/20/12. No appearance is required on the 8/9/12 notice date. Mailed notice (kef, ) |
| Filing 85 NOTICE of Motion by Michael J. A. Pasquinelli for presentment of extension of time #84 before Honorable Amy J. St. Eve on 8/9/2012 at 08:30 AM. (Pasquinelli, Michael) |
| Filing 84 MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra for extension of time to answer or otherwise plead (Pasquinelli, Michael) |
| Filing 83 ATTORNEY Appearance for Plaintiffs The Chicago Trust Company, Tanesha Whitaker by Steven Barry Muslin (Muslin, Steven) |
| Filing 82 ATTORNEY Appearance for Plaintiffs The Chicago Trust Company, Tanesha Whitaker by Craig Michael Sandberg (Sandberg, Craig) |
| Filing 81 FOURTH AMENDED complaint by Tanesha Whitaker, The Chicago Trust Company against City of Chicago, a municipal corporation, Gildardo Sierra (Sandberg, Craig) |
| Filing 80 MINUTE entry before Honorable Amy J. St. Eve:Motion hearing held on 7/12/2012. Plaintiff's motion for leave to file a fourth amended complaint #76 is granted. Counsel should separately file the fourth amended complaint upon receipt of this order. Defendants shall answer or otherwise plead by 8/9/12. ATG's motion to dismiss its cause of action #78 is granted. ATG Trust Company (as independent Administrator of the Estate of Flint Farmer, Deceased) terminated. Cross-motions to dismiss #68 #69 are withdrawn. Plaintiff's motion to lift the discovery stay #76 is denied without prejudice. Status hearing set for 7/23/12 is stricken and reset to 8/21/12 at 8:30 a.m. Mailed notice (kef, ) |
| Filing 79 NOTICE of Motion by Rebekah Lindsey Williams for presentment of motion to dismiss #78 before Honorable Amy J. St. Eve on 7/12/2012 at 08:30 AM. (Williams, Rebekah) |
| Filing 78 MOTION by Plaintiff ATG Trust Company to dismiss ATG's pending cause of action (Attachments: #1 Text of Proposed Order Proposed Order)(Williams, Rebekah) |
| Filing 77 NOTICE of Motion by Craig Michael Sandberg for presentment of motion for leave to file, #76 before Honorable Amy J. St. Eve on 7/12/2012 at 08:30 AM. (Sandberg, Craig) |
| Filing 76 MOTION by Plaintiff Tanesha Whitaker for leave to file a Fourth Amended Complaint at Law and to Lift this Courts March 21st Discovery Stay (Attachments: #1 Exhibit 1 - Order Dated 7/2/12 Appointing Tanesha Whitaker and The Chicago Trust Company as Co-Independent Administrators of the Estate of Flint Farmer, Deceased, #2 Exhibit 2 - Fourth Amended Complaint at Law)(Sandberg, Craig) |
| Filing 75 MINUTE entry before Honorable Amy J. St. Eve: The Court clarifies its 5/23/12 minute order setting the briefing schedule for the parties' motions to dismiss in which the Court directed ATG to file its reply brief on 6/6/12 by extending the deadline for both ATG's and Whitaker's reply briefs in support of their motions to dismiss until 6/26/12. Mailed notice (kef, ) |
| Filing 74 RESPONSE by Tanesha Whitakerin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #69 (Attachments: #1 Exhibit 1 - E-Mail Dated 3/8/12, #2 Exhibit 2 - Petition for Letters of Administration the Estate of Flint Farmer, Deceased, dated 11/23/11, #3 Exhibit 3 - Certified Conviction re Emmett Farmer for Violation of 720 ILCS 5/12-4(B)(6), #4 Exhibit 4 - Certified Conviction re Emmett Farmer for Violation of 56.5-1401-C, #5 Exhibit 5 - Order Dated 12/7/11 Appointing ATG Trust Company Independant Administrator of the Estate of Flint Farmer, Deceased Entered by Hon. Mary Ellen Coghlan, #6 Exhibit 6 - Letters of Office Issued to ATG Trust Company, #7 Exhibit 7 - Affidavit of Heirship and Order Declaring Heirship, #8 Exhibit 8 - Waiver of Notice by Charlene Farmer-Harris, #9 Exhibit 9 - Acceptance of Office by Charlene Farmer-Harris, #10 Exhibit 10 - Petition for Guardian of Minor dated 11/29/11, #11 Exhibit 11 - Supplemental Notice of Hearing of Petition for Guardian of Minor, #12 Exhibit 12 - Motion to Appoint Tanesha Whitkaker Special Administrator of the Estate of Flint Farmer, Deceased, #13 Exhibit 12 - Order Dated 6/14/11 Appointing Tanesha Whitaker, Special Administrator of the Estate of Flint Farmer, Deceased Entered by Hon. William D. Maddux, #14 Exhibit 14 - Reply in Support of Motion to Dismiss Petition for Guardian of Minor)(Sandberg, Craig) |
| Filing 73 MINUTE entry before Honorable Amy J. St. Eve: Plaintiff Whitaker's motion for leave to file response #71 is granted. Counsel should separately file the response upon receipt of this order. ATG's reply to its motion to dismiss #69 shall be filed on or before 6/6/12. No appearance is required on the 5/29/12 notice date. Mailed notice (kef, ) |
| Filing 72 NOTICE of Motion by Craig Michael Sandberg for presentment of motion for leave to file,, #71 before Honorable Amy J. St. Eve on 5/29/2012 at 08:30 AM. (Sandberg, Craig) |
| Filing 71 MOTION by Plaintiff Tanesha Whitaker for leave to file her "Respondents, Tanesha Whitaker, Special Administrator of the Estate of Flint Farmer, Deceased, Response in Opposition to ATG Trust Companys Rule 12(b)(1) Motion to Dismiss," Instanter (Attachments: #1 Exhibit Affidavit of Craig M. Sandberg, #2 Exhibit Respondents, Tanesha Whitaker, Special Administrator of the Estate of Flint Farmer, Deceased, Response in Opposition to ATG Trust Companys Rule 12(b)(1) Motion to Dismiss (with Exhibits 1-14))(Sandberg, Craig) |
| Filing 70 RESPONSE by Plaintiff ATG Trust Company to motion to dismiss/lack of jurisdiction,,,, #68 (Williams, Rebekah) |
| Filing 69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit A (Whitaker Motion))(Williams, Rebekah) |
| Filing 68 MOTION by Plaintiff Tanesha Whitaker to dismiss for lack of jurisdiction (Attachments: #1 Exhibit A - Motion to Appoint Special Administrator, #2 Exhibit B - Order Appointing Tanesha Whitaker Special Administrator, #3 Exhibit C - Original Complaint (Circuit Court of Cook County, Illinois), #4 Exhibit D - Third Amended Complaint at Law (U.S. District Court for the Northern District of Illinois), #5 Exhibit E - Certified Conviction of Emmett Farmer (violation of 720 ILCS 5/12-4(B)(6) for aggravated battery to a police officer), #6 Exhibit F - Certified Conviction of Emmett Farmer (violation of 56.5-1401-C for manufacturing and delivery of a controlled substance), #7 Exhibit G - Petition for Letters of Administration, #8 Exhibit H - Order Appointing ATG as Independent Administrator of the Estate of Flint Farmer, deceased, #9 Exhibit I - Letters of Office, #10 Exhibit J - Complaint Filed by ATG Trust Company, Inc. (Case No. 12 CV 01676))(Sandberg, Craig) |
| Filing 67 MINUTE entry before Honorable Amy J. St. Eve: Motion hearing held on 4/26/2012. Defendant City's motion to re-set deposition of Superintendent Garry McCarthy #65 is granted. Mailed notice (kef, ) |
| Filing 66 NOTICE of Motion by Thomas Joseph Platt for presentment of motion to reset #65 before Honorable Amy J. St. Eve on 4/26/2012 at 08:30 AM. (Platt, Thomas) |
| Filing 65 MOTION by Defendant City of Chicago, a municipal corporation to reset Deposition of Supt. McCarthy (Platt, Thomas) |
| Filing 64 MINUTE entry before Honorable Amy J. St. Eve: Plaintiff ATG Trust Company's agreed motion for the setting of a briefing schedule and for a stay of defendants' responsive pleading #63 is granted. Defendants' responsive pleading to plaintiff's, ATG Trust Company, complaint is stayed pending the ruling(s) on the plaintiffs' forthcoming motions to dismiss. Plaintiffs' motions to dismiss shall be filed by 5/1/12. Responses by 5/15/12. Replies by 5/29/12. Status hearing set for 5/24/12 is stricken and reset to 7/23/12 at 8:30 a.m. Mailed notice (kef, ) |
| Filing 63 MOTION by Plaintiff ATG Trust Company to stay Defendants' responsive pleadings and to set a briefing schedule (AGREED MOTION) (Attachments: #1 Text of Proposed Order AGREED ORDER)(Williams, Rebekah) |
| Filing 62 MINUTE entry before Honorable Amy J. St. Eve: Motion hearing held on 3/21/2012. Defendants' motion to reconsider #60 is granted without objection. Discovery is stayed pending resolution as to which party has the jurisdictional authority and standing to bring suit. However, the deposition of Supt. Garry McCarthy should proceed on 6/19/12. Status hearing set for 4/30/12 is stricken and reset to 5/24/2012 at 08:30 AM.Mailed notice (kef, ) |
| Filing 61 NOTICE of Motion by Jordan E. Marsh for presentment of motion for reconsideration #60 before Honorable Amy J. St. Eve on 3/21/2012 at 08:30 AM. (Marsh, Jordan) |
| Filing 60 MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra for reconsideration (Attachments: #1 Exhibit A, #2 Exhibit B)(Marsh, Jordan) |
| Filing 59 MINUTE entry before Honorable Amy J. St. Eve: Motion hearing held on 3/20/2012. Defendants' motion to reassign related cases #52 is granted and motion to stay all matters pending resolution as to which plaintiff has standing to bring suit #52 is denied. 12 C 1676 will be reassigned shortly. All pleadings should be filed in 11 C 7362. Motion to intervene in 12 C 1676 is granted. Plaintiff's motion to dismiss ATG Trust Company should be filed by 4/10/12. Response by 4/24/12. Reply by 5/1/12. Status hearing set for 4/12/12 is stricken and reset to 4/30/12 at 8:30 a.m. Mailed notice (kef, ) |
| Filing 58 ATTORNEY Appearance for Plaintiff Tanesha Whitaker by Steven Barry Muslin (Muslin, Steven) |
| Filing 57 RESPONSE by Tanesha Whitakerin Opposition to MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to reassign case #52 (Sandberg, Craig) |
| Filing 56 MINUTE entry before Honorable Amy J. St. Eve: Plaintiff's third motion to compel #54 is denied without prejudice to refile after counsel meet in person and attempt to resolve the issue in good faith pursuant to Local Rule 37.2. Mailed notice (kef, ) |
| Filing 55 NOTICE of Motion by Craig Michael Sandberg for presentment of Sealed motion, motion to compel #54 before Honorable Amy J. St. Eve on 3/20/2012 at 08:30 AM. (Sandberg, Craig) |
| Filing 54 SEALED MOTION by Plaintiff Tanesha Whitaker THIRD, MOTION by Plaintiff Tanesha Whitaker to compel (Sandberg, Craig) |
| Filing 53 NOTICE of Motion by Michael J. A. Pasquinelli for presentment of motion to reassign case #52 before Honorable Amy J. St. Eve on 3/20/2012 at 08:30 AM. (Pasquinelli, Michael) |
| Filing 52 MOTION by Defendants City of Chicago, a municipal corporation, Gildardo Sierra to reassign case (Attachments: #1 Exhibit, #2 Exhibit)(Pasquinelli, Michael) |
| Filing 51 MINUTE entry before Honorable Amy J. St. Eve: Motion hearing held on 3/8/2012. Plaintiff's second motion to compel #43 is granted in part and denied in part. The motion is denied as to Plaintiff's request that Superintendent McCarthy's deposition proceed before the fact discovery cutoff of 4/27/2012. Fact discovery cutoff is extended to 6/21/12 for the limited purpose of completing Superintendent McCarthy's deposition. By 3/23/12, parties should file a status report indicating the agreed upon date for McCarthy's deposition. The date should be one of the dates offered by Superintendent McCarthy. The motion is granted in part as to defendant Sierra's employment file. The Chicago Police Department is authorized and ordered to release Gildardo Sierra's employment file to the City of Chicago's law department who should then produce the file for an in camera review by 3/16/12. Until further order of the court, Sierra's employment file is limited to the City's attorneys and Sierra's attorneys. Mailed notice (kef, ) |
| Filing 50 REPLY by Tanesha Whitaker to response in opposition to motion, #49 (Attachments: #1 Exhibit E-Mail from Counsel for the City of Chicago, Thomas J. Platt, Dated 3/2/12)(Sandberg, Craig) |
| Filing 49 RESPONSE by City of Chicago, a municipal corporationin Opposition to MOTION by Plaintiff Tanesha Whitaker to compel Plaintiffs Second Motion to Compel or, in the Alternative, Motion to Strike the City of Chicagos Pleadings, for Entry of Default Order Against the City of Chicago, and Set this Matter for Hearing on Dam #43 (Platt, Thomas) |
| Filing 48 SEALED DOCUMENT by Plaintiff Tanesha Whitaker Supplement to Plaintiffs Second Motion to Compel or, in the Alternative, Motion to Strike the City of Chicagos Pleadings, for Entry of Default Order Against the City of Chicago, and Set this Matter for Hearing on Damages (Attachments: #1 Exhibit Transcript of Complainant's Statement to IPRA (Log# 1036519) Dated May 22, 2010)(Sandberg, Craig) |
| Filing 47 MINUTE entry before Honorable Amy J. St. Eve: Plaintiff's motion for leave to file supplement to plaintiff's second motion to compel under seal #46 is granted. Mailed notice (kef, ) |
| Filing 46 MOTION by Plaintiff Tanesha Whitaker for leave to file Supplement to Plaintiffs Second Motion to Compel or, in the Alternative, Motion to Strike the City of Chicagos Pleadings, for Entry of Default Order Against the City of Chicago, and Set this Matter for Hearing on Damages Under Seal (Sandberg, Craig) |
| Filing 45 SEALED RESPONSE by City of Chicago, a municipal corporation to order on motion to compel,,,,, status hearing,,,,, set/reset hearings,,,, #41 (Attachments: #1 Exhibit, #2 Exhibit)(Platt, Thomas) |
| Filing 44 NOTICE of Motion by Craig Michael Sandberg for presentment of motion to compel, #43 before Honorable Amy J. St. Eve on 3/8/2012 at 08:30 AM. (Sandberg, Craig) |
| Filing 43 MOTION by Plaintiff Tanesha Whitaker to compel Plaintiffs Second Motion to Compel or, in the Alternative, Motion to Strike the City of Chicagos Pleadings, for Entry of Default Order Against the City of Chicago, and Set this Matter for Hearing on Damages (Sandberg, Craig) |
| Filing 42 MINUTE entry before Honorable Amy J. St. Eve: On February 16, 2012, the Court ordered the City to turn over to Plaintiff all Complaint Register files ("CR Files") for Officer Sierra involving excessive force and/or any type of shooting by February 29, 2012. SeeR. 41. The Court further ordered the City to submit to the Court, for an in camerareview, the remaining CR Files for Officer Sierra. SeeR. 41. On February 29, 2012, the City submitted a total of seven CR Files for the Courts review. Having reviewed those CR Files, the Court determines that they are not relevant to Plaintiff's claims in this case, and the City does not need to produce them to Plaintiff. Accordingly, the Court denies Plaintiff's motion to compel #34 to the extent it seeks production of those CR Files. Mailed notice (kef, ) |
| Filing 41 MINUTE entry before Honorable Amy J. St. Eve: Status hearing held on 2/16/2012 and continued to 4/12/2012 at 08:30 AM. Plaintiff's motion to compel or, in the alternative, motion to strike the pleadings, entry of default judgment and set for hearing on damages #34 is granted in part and denied in part. Parties should file an agreed deposition schedule for the depositions identified in court by 3/15/12. For the reasons stated in open court, Superintendent McCarthy's deposition is limited to 90 minutes and must be scheduled at a time that is mutually convenient. The City should turn over all CR files for Officer Sierra involving excessive force and/or any type of shooting by 2/29/12. The City should submit the remaining CR files, if any, to the court for an in camera review by 2/29/12. The City should turn over the IPRA files that are not subject to the open investigation by 3/5/12. The City should file a progress report, under seal, regarding the other IPRA files by 3/5/12. Plaintiff's request for alternative relief is denied. Parties should contact the courtroom deputy by 3/2/12 regarding whether or not parties are interested in participating in a settlement conference. Mailed notice (kef, ) |
| Filing 40 REPLY by Tanesha Whitaker to response in opposition to motion, #38 Reply in Support of the Plaintiffs Motion to Compel or, in the Alternative, Motion to Strike the Defendants Pleadings, for Entry of Default Judgment Against the Defendants, and Set this Matter for Hearing on Damages (Sandberg, Craig) |
| Filing 39 NOTICE by Gildardo Sierra re response in opposition to motion, #38 (Marsh, Jordan) |
| Filing 38 RESPONSE by Gildardo Sierrain Opposition to MOTION by Plaintiff Tanesha Whitaker to compel or, in the Alternative, Motion to Strike the Defendants Pleadings, for Entry of Default Judgment Against the Defendants, and Set this Matter for Hearing on Damages #34 (Marsh, Jordan) |
| Filing 37 RESPONSE by City of Chicago, a municipal corporationin Opposition to MOTION by Plaintiff Tanesha Whitaker to compel or, in the Alternative, Motion to Strike the Defendants Pleadings, for Entry of Default Judgment Against the Defendants, and Set this Matter for Hearing on Damages #34 (Platt, Thomas) |
| Filing 36 MINUTE entry before Honorable Amy J. St. Eve: At the City's request, plaintiff's motion to compel #34 is entered and continued to 2/16/12 at 8:30 a.m. No appearance is required on the 2/9/12 notice date. Mailed notice (kef, ) Modified on 2/8/2012 (kef, ). |
| Filing 35 NOTICE of Motion by Craig Michael Sandberg for presentment of motion to compel #34 before Honorable Amy J. St. Eve on 2/9/2012 at 08:30 AM. (Sandberg, Craig) |
| Filing 34 MOTION by Plaintiff Tanesha Whitaker to compel or, in the Alternative, Motion to Strike the Defendants Pleadings, for Entry of Default Judgment Against the Defendants, and Set this Matter for Hearing on Damages (Sandberg, Craig) |
| Filing 33 MINUTE entry before Honorable Amy J. St. Eve: Motion hearing held on 1/19/2012. Counsel for defendant Sierra failed to appear. Defendant Sierra's motion to quash subpoena #25 is denied as moot without prejudice. Mailed notice (kef, ) |
Filing 32
ORDER to Release Evidence for Inspection, Examination and Testing Signed by the Honorable Amy J. St. Eve on 1/5/2012:Mailed notice(kef, )
|
| Filing 31 MINUTE entry before Honorable Amy J. St. Eve: Motion hearing held on 1/5/2012. Defendant Sierra's motion to quash #25 is entered and continued to 1/19/12 at 8:30 a.m. Parties are directed to meet and confer. Defendant Sierra's motion for release of evidence for inspection, examination and testing #29 is granted without objection. Mailed notice (kef, ) |
| Filing 30 NOTICE of Motion by Michael J. A. Pasquinelli for presentment of motion for miscellaneous relief #29 before Honorable Amy J. St. Eve on 1/9/2012 at 08:30 AM. (Pasquinelli, Michael) |
| Filing 29 MOTION by Defendant Gildardo SierraRelease Evidence (Attachments: #1 Text of Proposed Order)(Pasquinelli, Michael) |
| Filing 28 ATTORNEY Appearance for Defendant Gildardo Sierra by Michael J. A. Pasquinelli (Pasquinelli, Michael) |
| Filing 27 MINUTE entry before Honorable Amy J. St. Eve: At the parties' request, presentment date of 12/28/11 on defendant's motion to quash #25 is stricken and reset to 1/5/12 at 8:30 a.m. Mailed notice (kef, ) |
| Filing 26 NOTICE of Motion by Jordan E. Marsh for presentment of motion to quash #25 before Honorable Amy J. St. Eve on 12/28/2011 at 08:30 AM. (Marsh, Jordan) |
| Filing 25 MOTION by Defendant Gildardo Sierra to quash (Attachments: #1 Exhibit A, #2 Exhibit B)(Marsh, Jordan) |
| Filing 24 Answer to Defendant Gildardo Sierras Affirmative Defenses to the Third Amended Complaint at Law by Tanesha Whitaker (Sandberg, Craig) |
| Filing 23 Answer to Defendant City of Chicagos Affirmative Defenses to the Third Amended Complaint at Law by Tanesha Whitaker (Attachments: #1 Defendant City of Chicagos Response to Plaintiffs First Request for Admissions)(Sandberg, Craig) |
| Filing 22 MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 12/8/2011 and continued to 2/16/2012 at 08:30 AM. Defendant Sierra should issue written discovery on or before 12/12/11. Parties are directed to meet and confer pursuant to Rule 26(f) and exhaust all settlement possibilities prior to the next status hearing. Mailed notice (kef, ) |
| Filing 21 QUALIFIED HIPAA and Confidential Matter Protective Order Signed by the Honorable Amy J. St. Eve on 12/7/2011:Mailed notice(kef, ) |
| Filing 20 MINUTE entry before Honorable Amy J. St. Eve: Defendants' motion for entry of protective order #13 is granted. Counsel should send the proposed order to Judge St. Eve's proposed order inbox. Mailed notice (kef, ) |
| Filing 19 NOTICE by Gildardo Sierra re answer to amended complaint #18 (Marsh, Jordan) |
| Filing 18 ANSWER to amended complaint by Gildardo Sierra(Marsh, Jordan) |
| Filing 17 ANSWER to amended complaint by City of Chicago, a municipal corporation(Platt, Thomas) |
| Filing 16 RESPONSE by Tanesha Whitaker to MOTION by Defendant City of Chicago, a municipal corporation for protective order #13 (Sandberg, Craig) |
| Filing 15 MINUTE entry before Honorable Amy J. St. Eve: Defendants' motion for protective order #13 is entered. Response due by 11/14/2011. No reply unless ordered by the court. No appearance is required on the 11/8/11 notice date. Mailed notice (kef, ) |
| Filing 14 NOTICE of Motion by Thomas Joseph Platt for presentment of motion for protective order #13 before Honorable Amy J. St. Eve on 11/8/2011 at 08:30 AM. (Platt, Thomas) |
| Filing 13 MOTION by Defendant City of Chicago, a municipal corporation for protective order (Attachments: #1 Text of Proposed Order)(Platt, Thomas) |
| Filing 12 MINUTE entry before Honorable Amy J. St. Eve:Status hearing held on 11/2/2011 and continued to 12/8/2011 at 08:30 AM. Defendants should answer or otherwise plead by 11/30/11. Rule 26(a)(1) disclosures should be exchanged by 11/30/11. Written discovery should be issued by 12/8/11. Fact discovery should be completed by 4/27/12. Burden of proof expert disclosures by 5/25/12. Rebuttal expert disclosures by 6/29/12. All expert discovery should be completed by 8/1/12. Defendants' written settlement offer should be delivered to plaintiff's counsel by 11/21/11. Courtesy copies of both settlement letters should be delivered to the court. Mailed notice (kef, ) |
| Filing 11 Third AMENDED complaint by Tanesha Whitaker against City of Chicago, a municipal corporation, Gildardo Sierra (Sandberg, Craig) |
| Filing 10 STATUS Report (Joint Status Report by Parties) by Tanesha Whitaker (Sandberg, Craig) |
| Filing 9 Second AMENDED complaint by Tanesha Whitaker against City of Chicago, a municipal corporation, Gildardo Sierra (Sandberg, Craig) |
| Filing 8 ATTORNEY Appearance for Defendant Gildardo Sierra by Jordan E. Marsh (Marsh, Jordan) |
| Filing 7 REQUEST for Waiver of Service sent to Gildardo Sierra on 10/21/11 by Plaintiff Tanesha Whitaker. Waiver of service due by 12/20/2011. (Sandberg, Craig) |
| Filing 5 MINUTE entry before Honorable Amy J. St. Eve: Initial status hearing set for 11/2/11 at 8:30 a.m. in courtroom 1241. Parties should refer to Judge St. Eve's web page at www.ilnd.uscourts.gov and file a joint status report by 10/28/11 as set forth in the Initial Status Conferences procedure.Mailed notice (kef, ) |
| MAILED Notice of Removal Letter to attorney(s) of record. (gcy, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Tanesha Whitaker by Craig Michael Sandberg (Sandberg, Craig) |
| Filing 3 CIVIL Cover Sheet (Platt, Thomas) |
| Filing 2 ATTORNEY Appearance for Defendant City of Chicago, a municipal corporation by Thomas Joseph Platt (Platt, Thomas) |
| Filing 1 NOTICE of Removal from Cook County Circuit Court of Illinois, case number (11 L 006168) filed by City of Chicago, a municipal corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Platt, Thomas) |
| CASE ASSIGNED to the Honorable Amy J. St. Eve. Designated as Magistrate Judge the Honorable Michael T. Mason. (mh, ) |
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