Brandy Thomas-Hayes v. Officer R. Lewis #558 et al
| Brandy Thomas-Hayes |
| R. Lewis, Officer Tilbert, City of Markham and Officer Jackson |
| Gregory E. Kulis & Associates, Ltd. |
| 1:2015cv07384 |
| August 21, 2015 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Andrea R Wood |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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| Filing 68 MINUTE entry before the Honorable Andrea R. Wood:The parties have filed a stipulation to dismiss #67 this case with prejudice but with the Court retaining jurisdiction to enforce the terms of the settlement. Pursuant to Seventh Circuit precedent, however, when a case is dismissed "with prejudice" the district court no longer retains jurisdiction. See Blue Cross and Blue Shield Ass'n v. American Express Co., 467 F.3d 634, 636 (7th Cir. 2006) (holding that the district court lacked jurisdiction to enforce a fee agreement after having dismissed the case with prejudice); Shapo v. Engle, 463 F.3d 641, 643 (7th Cir. 2006) ("[A] district judge cannot dismiss a suit with prejudice, thus terminating federal jurisdiction, yet at the same time retain jurisdiction to enforce the parties' settlement that led to the dismissal with prejudice."). While there are exceptions, such as for cases involving injunctive relief, see Shapo, 463 F.3d at 643, none of those exceptions appears to apply here. Moreover, while the parties are of course free to settle their dispute by agreement, they cannot agree that the case will be dismissed with prejudice and that the Court shall retain jurisdiction to enforce the terms of the settlement agreement. Id. at 645 ("Parties cannot confer federal jurisdiction by agreement.") Not being privy to the settlement negotiations or the terms of the resulting agreement, the Court cannot determine whether its ability to retain jurisdiction was a material term without which one or more parties might not have agreed to the settlement. To provide the parties time to confirm that they desire to proceed with the dismissal with prejudice, the Court dismisses this case without prejudice for now. The parties are granted leave to seek to reinstate the case within 7 days. If no party files a motion to reinstate the case by 12/7/2016, the dismissal will convert to a dismissal with prejudice. At that time, the district court will relinquish jurisdiction consistent with the law of this Circuit. Status hearing set for 12/16/2016 is stricken. Civil case terminated. Mailed notice (ef, ) |
| Filing 67 STIPULATION of Dismissal (Orozco, Brian) |
| Filing 66 MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 12/13/2016 is stricken and reset for 12/16/2016 at 09:00 AM. If the parties file a stipulation to dismiss prior to the next status hearing, the status date will be stricken and the parties will not need to appear. Mailed notice (ef, ) |
| Filing 65 MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the Status hearing set for 10/27/2016 is stricken and reset for 12/13/2016 at 09:00 AM. If the parties file a stipulation to dismiss prior to the next status hearing, the status date will be stricken and the parties will not need to appear. Mailed notice (ef, ) |
| Filing 64 MINUTE entry before the Honorable Andrea R. Wood: Defendants' Motion for extension of time to complete discovery #62 is granted. Fact discovery is extended 10/31/2016. This is a firm deadline. The motion presentment date of 8/26/2016 is stricken. Parties need not appear. The status hearing set for 8/26/2016 is stricken and reset for 10/27/2016 at 09:00 AM. Mailed notice (ef, ) |
| Filing 63 NOTICE of Motion by Danessa P. Watkins for presentment of motion for extension of time to complete discovery #62 before Honorable Andrea R. Wood on 8/26/2016 at 09:00 AM. (Watkins, Danessa) |
| Filing 62 MOTION by Defendants City of Markham, Officer Jackson, R. Lewis, Officer Tilbert for extension of time to complete discovery JOINT MOTION (Watkins, Danessa) |
| Filing 61 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held and continued to 8/26/2016 at 9:00 AM. Mailed notice (ef, ) |
| Filing 60 CONFIDENTIAL MATTER PROTECTIVE ORDER signed by the Honorable Andrea R. Wood on 7/18/2016. Mailed notice (ef,) |
| Filing 59 QUALIFIED PROTECTIVE Order signed by the Honorable Andrea R. Wood on 7/18/2016. Mailed notice(ef, ) |
| Filing 58 MINUTE entry before the Honorable Andrea R. Wood: Defendants' Unopposed Motion for protective order #54 and #56 are granted. Enter orders. The motion presentment date of 7/19/2016 is stricken. Parties need not appear. Mailed notice (ef, ) |
| Filing 57 NOTICE of Motion by Danessa P. Watkins for presentment of motion for protective order #56 before Honorable Andrea R. Wood on 7/19/2016 at 09:00 AM. (Watkins, Danessa) |
| Filing 56 MOTION by Defendants City of Markham, Officer Jackson, R. Lewis, Officer Tilbert for protective order pursuant to HIPAA - Unopposed (Watkins, Danessa) |
| Filing 55 NOTICE of Motion by Danessa P. Watkins for presentment of motion for protective order #54 before Honorable Andrea R. Wood on 7/19/2016 at 09:00 AM. (Watkins, Danessa) |
| Filing 54 MOTION by Defendants City of Markham, Officer Jackson, R. Lewis, Officer Tilbert for protective order Unopposed (Watkins, Danessa) |
| Filing 53 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. The Court modifies the expert discovery schedule as follows: initial expert disclosures and reports are due by 10/28/2016; expert depositions shall be completed by 11/30/2016; rebuttal experts shall be disclosed by 1/6/2017; and all expert discovery shall be completed by 2/3/2017. The dispositive motion filing deadline is stricken until further order of court. Status hearing set for 7/28/2016 at 9:00 AM. Mailed notice (ef, ) |
| Filing 52 ATTORNEY Appearance for Defendants City of Markham, Officer Jackson, R. Lewis, Officer Tilbert by Danessa P. Watkins (Watkins, Danessa) |
| Filing 51 MINUTE entry before the Honorable Andrea R. Wood: Joint Motion for extension of time to complete discovery #49 is granted. The Court extends the discovery schedule as follows: Fact discovery shall be completed by 8/30/2016. The parties shall file any dispositive motions by 10/28/2016. Plaintiff's expert disclosures and reports are due by 11/12/2016. Defendants shall depose Plaintiffs expert(s) by 12/27/2016. Defendants' expert disclosures and reports are due by 12/17/2016. Plaintiff shall depose Defendants' expert(s) by 1/31/2017. The motion presentment date of 5/4/2016 is stricken. Parties need not appear. Status hearing set for 6/2/2016 at 9:00 AM #44 remains firm. Mailed notice (ef, ) |
| Filing 50 JOINT NOTICE of Motion by Brian M Orozco for presentment of motion for extension of time to complete discovery #49 before Honorable Andrea R. Wood on 5/4/2016 at 09:00 AM. (Orozco, Brian) |
| Filing 49 MOTION by Plaintiff Brandy Thomas-Hayes for extension of time to complete discovery JOINT (Orozco, Brian) |
| Filing 48 Defendants Affirmative Defenses to Plaintiff's Second Amended Complaint ANSWER to amended complaint by City of Markham, Officer Jackson, R. Lewis, Officer Tilbert(Smith, Stepfon) |
| Filing 47 Defendants' ANSWER to amended complaint Second Amended Complaint by City of Markham, Officer Jackson, R. Lewis, Officer Tilbert(Smith, Stepfon) |
| Filing 46 ATTORNEY Appearance for Defendant Officer Jackson by Alexandra E Maimonis (Maimonis, Alexandra) |
| Filing 45 ATTORNEY Appearance for Defendant Officer Jackson by Stepfon Rondell Smith (Smith, Stepfon) |
| Filing 44 MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, Defendants shall answer or otherwise plead to Plaintiff's second amended complaint by 3/2/2016. The Court extends the discovery schedule as follows: Fact discovery shall be completed by 7/1/2016. The parties shall file any dispositive motions by 8/29/2016. Plaintiff's expert disclosures and reports are due by 9/13/2016. Defendants shall depose Plaintiffs expert(s) by 10/28/2016. Defendants' expert disclosures and reports are due by 10/18/2016. Plaintiff shall depose Defendants' expert(s) by 12/2/2016. Status hearing set for 6/2/2016 at 9:00 AM. Mailed notice (ef, ) |
| Filing 43 ATTORNEY Appearance for Defendants City of Markham, R. Lewis, Officer Tilbert by Alexandra E Maimonis (Maimonis, Alexandra) |
| Filing 42 SECOND AMENDED complaint by Brandy Thomas-Hayes against All Defendants (jc, ) |
| Filing 41 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's Motion for leave to file Second Amended Complaint #39 is granted. The Clerk's Office is directed to separately docket the Second Amended Complaint attached as Exhibit 1 to Plaintiff's motion #39 . The status hearing set for 2/3/2016 remains firm. Mailed notice (ef, ) |
| Filing 40 Unopposed NOTICE of Motion by Brian M Orozco for presentment of motion for leave to file #39 before Honorable Andrea R. Wood on 2/3/2016 at 09:00 AM. (Orozco, Brian) |
| Filing 39 MOTION by Plaintiff Brandy Thomas-Hayes for leave to file Second Amended Complaint (Attachments: #1 Exhibit)(Orozco, Brian) |
| Filing 38 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel for Defendants to withdraw #36 is granted. Attorney Jason Theodore Mayer is withdrawn as counsel for Defendants. The motion presentment date of 1/13/2016 is stricken. Parties need not appear. Mailed notice (ef, ) |
| Filing 37 NOTICE of Motion by Stepfon Rondell Smith for presentment of motion to withdraw #36 before Honorable Andrea R. Wood on 1/13/2016 at 09:00 AM. (Smith, Stepfon) |
| Filing 36 MOTION by Defendants City of Markham, R. Lewis, Officer Tilbert to withdraw Jason T. Mayer for Defendants (Attachments: #1 Exhibit A)(Smith, Stepfon) |
| Filing 35 Defendants' Affirmative Defenses to Plaintiff's First Amended Complaint At Law by City of Markham, R. Lewis, Officer Tilbert (Smith, Stepfon) |
| Filing 34 JURY Demand (Smith, Stepfon) |
| Filing 33 Defendants' Answer to Plaintiff's First Amended Complaint At Law ANSWER to amended complaint by City of Markham, R. Lewis, Officer Tilbert(Smith, Stepfon) |
| Filing 32 FIRST AMENDED complaint by Brandy Thomas-Hayes against City of Markham, R. Lewis, Officer Tilbert. (lf, ) |
| Filing 31 MINUTE entry before the Honorable Andrea R. Wood: Defendants' Unopposed Motion to Withdraw Their Motion to Strike Plaintiff's Prayers for Punitive Damages #25 is granted. Plaintiff's Motion for leave to file First Amended Complaint #27 is stricken as moot. Plaintiff's Agreed Motion for leave to file First Amended Complaint #29 is granted. The Clerk's Office is directed to separately docket the First Amended Complaint which is attached as Exhibit 1 to Plaintiff's motion [29-1]. Defendants shall answer or otherwise plead to Plaintiff's First Amended Complaint by 1/4/2016. The motion presentment dates of 12/15/2016 and 12/16/2015 are stricken. Parties need not appear. Mailed notice (ef, ) |
| Filing 30 NOTICE of Motion by Brian M Orozco for presentment of motion for leave to file #29 before Honorable Andrea R. Wood on 12/15/2015 at 09:00 AM. (Orozco, Brian) |
| Filing 29 MOTION by Plaintiff Brandy Thomas-Hayes for leave to file (Attachments: #1 Exhibit)(Orozco, Brian) |
| Filing 28 NOTICE of Motion by Brian M Orozco for presentment of motion for leave to file #27 before Honorable Andrea R. Wood on 12/15/2015 at 09:00 AM. (Orozco, Brian) |
| Filing 27 MOTION by Plaintiff Brandy Thomas-Hayes for leave to file First Amended Complaint (Attachments: #1 Exhibit)(Orozco, Brian) |
| Filing 26 Notice of Motion for Defendants' Unopposed Motion to Withdraw Their Motion to Strike Plaintiff's Prayers for Punitive Damages NOTICE of Motion by Stepfon Rondell Smith for presentment of motion to strike #25 before Honorable Andrea R. Wood on 12/16/2015 at 09:00 AM. (Smith, Stepfon) |
| Filing 25 MOTION by Defendants City of Markham, R. Lewis, Officer Tilbert to strike Defendants' Unopposed Motion to Withdraw Their Motion to Strike Plaintiff's Prayers for Punitive Damages (Smith, Stepfon) |
| Filing 24 ATTORNEY Appearance for Defendants City of Markham, R. Lewis, Officer Tilbert by Jason Theodore Mayer (Mayer, Jason) |
| Filing 23 MINUTE entry before the Honorable Andrea R. Wood: Plaintiff's Unopposed Motion for extension of time to file response/reply #21 is granted. Plaintiff shall respond to Defendant's motion to strike #12 by 12/7/2015. Defendants shall reply thereto by 12/21/2015. The motion presentment date of 12/8/2015 is stricken. Parties need not appear. Mailed notice (ef, ) |
| Filing 22 NOTICE of Motion by Brian M Orozco for presentment of motion for extension of time to file response/reply #21 before Honorable Andrea R. Wood on 12/8/2015 at 09:00 AM. (Orozco, Brian) |
| Filing 21 MOTION by Plaintiff Brandy Thomas-Hayes for extension of time to file response/reply Un-Opposed Extension to Respond (Orozco, Brian) |
| Filing 20 MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. Pursuant to the discussion held in open court, Defendants' motion to clarify #16 is granted. Accordingly, the Consent to Proceed before the Magistrate Judge #15 is withdrawn. The Court orders the following briefing schedule on Defendants' motion to strike #12 : Plaintiff shall respond by 11/30/2015 and Defendants shall reply by 12/14/2015. Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall be made by 11/13/2015. Fact discovery shall be completed by 5/2/2016. The parties shall file any dispositive motions by 6/30/2016. Plaintiff's expert disclosures and reports are due by 7/15/2016. Defendants shall depose Plaintiff's expert(s) by 8/29/2016. Defendants' expert disclosures and reports are due by 8/19/2016. Plaintiff shall depose Defendants' expert(s) by 10/3/2016. Status hearing set for 2/3/2016 at 9:00 AM. Mailed notice (ef, ) |
| Filing 19 STATUS Report AMended by Brandy Thomas-Hayes (Attachments: #1 Notice of Filing)(Orozco, Brian) |
| Filing 18 STATUS Report JOINT by Brandy Thomas-Hayes (Attachments: #1 Notice of Filing)(Orozco, Brian) |
| Filing 17 NOTICE of Motion by Darren Patrick Grady for presentment of motion to clarify #16 before Honorable Andrea R. Wood on 11/6/2015 at 09:00 AM. (Grady, Darren) |
| Filing 16 MOTION by Defendants City of Markham, R. Lewis, Officer Tilbert to clarify and amend the Consent to Proceed in Front of the Magistrate (Grady, Darren) |
| Filing 15 Consent to Proceed in Front of Magistrate by Brandy Thomas-Hayes (Orozco, Brian) |
| Filing 14 MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the motion and status hearings set for 10/27/2015 are stricken and reset for 11/6/2015 at 9:00 AM. Mailed notice (ef, ) |
| Filing 13 NOTICE of Motion by Darren Patrick Grady for presentment of motion to strike, #12 before Honorable Andrea R. Wood on 10/27/2015 at 09:00 AM. (Grady, Darren) |
| Filing 12 MOTION by Defendants City of Markham, R. Lewis, Officer Tilbert to strike Plaintiff's Prayers for Punitive Damages (Attachments: #1 Exhibit A-Plaintiff's Complaint, #2 Exhibit B-Defendants' Answer, #3 Exhibit C-Case Law)(Grady, Darren) |
| Filing 11 Affirmative Defenses by City of Markham, R. Lewis, Officer Tilbert (Grady, Darren) |
| Filing 10 ANSWER to Complaint by City of Markham, R. Lewis, Officer Tilbert(Grady, Darren) |
| Filing 9 ATTORNEY Appearance for Defendants City of Markham, R. Lewis, Officer Tilbert by Max Bryant Goodman (Goodman, Max) |
| Filing 8 ATTORNEY Appearance for Defendants City of Markham, R. Lewis, Officer Tilbert by Darren Patrick Grady (Grady, Darren) |
| Filing 7 ATTORNEY Appearance for Defendants City of Markham, R. Lewis, Officer Tilbert by Stepfon Rondell Smith (Smith, Stepfon) |
| Filing 6 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 10/27/2015 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Brandy Thomas-Hayes by Brian M Orozco (Orozco, Brian) |
| Filing 4 ATTORNEY Appearance for Plaintiff Brandy Thomas-Hayes by Joshua S Patrick (Patrick, Joshua) |
| Filing 3 ATTORNEY Appearance for Plaintiff Brandy Thomas-Hayes by Gregory E. Kulis (Kulis, Gregory) |
| Filing 2 Attorney's Lien by Gregory E. Kulis & Associates, Ltd. (Attachments: #1 Notice of Filing)(Kulis, Gregory) |
| Filing 1 COMPLAINT filed by Brandy Thomas-Hayes; Jury Demand. Filing fee $ 400, receipt number 0752-11001240. (Attachments: #1 Civil Cover Sheet)(Kulis, Gregory) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Young B. Kim. (dc, ) |
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