Schroeder v. Board of Education for Community Consolidated School District # 21 et al
| Malena Schroeder |
| Diana O'Donnell, Lynne Duffy, Community Consolidated School District # 21, Lynn Glickman and Board of Education for Community Consolidated School District # 21 |
| 1:2020cv06321 |
| October 25, 2020 |
| US District Court for the Northern District of Illinois |
| LaShonda A Hunt |
| Matthew F Kennelly |
| Civil Rights: Jobs |
| 29 U.S.C. § 623 Job Discrimination (Age) |
| None |
Docket Report
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This docket was last retrieved on June 27, 2023. A more recent docket listing may be available from PACER.
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Filing 95
MINUTE entry before the Honorable LaShonda A. Hunt: Pursuant to Federal Rule of Civil Procedure 41(a)(1) and Plaintiff's joint stipulation to dismiss all parties pursuant to settlement #94 , this action is being dismissed with prejudice. All pending motions and deadlines are terminated as moot. Mailed notice. (kl, )
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Filing 94
MOTION by Plaintiff Malena Schroeder for settlement joint stipulation to dismiss all parties pursuant to settlement (Attachments: #1 Exhibit, #2 Notice of Filing)(Glink, Steven)
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Filing 93
MINUTE entry before the Honorable Matthew F. Kennelly: This case having been reassigned to the Hon. LaShonda Hunt, the jury trial set for 8/7/2023 and backup date of 9/18/2023 set before Judge Kennelly are vacated. Mailed notice. (mma, )
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Filing 92
EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0023: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable LaShonda A Hunt; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Lashonda A Hunt; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable LaShonda A Hunt's webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable LaShonda A Hunt to the Court's civil case assignment system during the next business day, so that she shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Lashonda A Hunt to the Court's criminal case assignment system ninety (90) days so that Judge Hunt shall thereafter receive a full share of such cases. Case reassigned to the Honorable LaShonda A. Hunt for all further proceedings. Honorable Matthew F. Kennelly no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/02/2023.(tg, )
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Filing 91
MINUTE entry before the Honorable Matthew F. Kennelly: Continued settlement conference held with multiple ex parte sessions by the Court with each side. The parties have reached a binding settlement, subject to completing the necessary documentation. A joint status report regarding the progress in completing the documentation is to be filed on 6/9/2023 unless a stipulation for dismissal is on file by that date. (mk)
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Filing 90
TRANSCRIPT OF PROCEEDINGS held on April 6, 2023 before the Honorable Matthew F. Kennelly. Order Number: 45651, 44964. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@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 6/12/2023. Redacted Transcript Deadline set for 6/22/2023. Release of Transcript Restriction set for 8/21/2023. (Cox, Carolyn)
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Filing 89
TRANSCRIPT OF PROCEEDINGS held on October 14, 2022 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@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 6/12/2023. Redacted Transcript Deadline set for 6/22/2023. Release of Transcript Restriction set for 8/21/2023. (Cox, Carolyn)
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Filing 88
TRANSCRIPT OF PROCEEDINGS held on February 24, 2021 before the Honorable Matthew F. Kennelly. Court Reporter Contact Information: Carolyn Cox, Carolyn_Cox@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 6/12/2023. Redacted Transcript Deadline set for 6/22/2023. Release of Transcript Restriction set for 8/21/2023. (Cox, Carolyn)
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Filing 87
MINUTE entry before the Honorable Matthew F. Kennelly: Settlement conference held on 5/5/2023 with party representatives present. The Court made a recommendation to the parties at the conclusion of the settlement conference. Each side is to send a response to Judge Kennelly's proposed order e-mail address by no later than 2:00 PM on 5/22/2023. (mk)
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Filing 86
MINUTE entry before the Honorable Matthew F. Kennelly: Judge Kennelly's courtroom deputy clerk has not, as of the time of entry of this order (1:20 PM Central time), received an e-mail address to send the video invitation for defendants' insurance representative for the 5/5/2023 settlement conference. Unless this is provided by no later than 2:30 PM Central time today (5/4/2023), the Court may impose a sanction upon defendants and their counsel. (mk)
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Filing 85
PROPOSED Jury Instructions by Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 84
MINUTE entry before the Honorable Matthew F. Kennelly: By agreement of the parties, this case is set for an in person settlement conference on 5/5/2023 at 2:00 p.m. The defendants' insurance representative may appear by video. Each side is directed to submit a mediation statement by letter to Judge Kennelly's proposed order email address, with a copy to opposing counsel, by 5/2/2023. Mailed notice. (mma, )
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Filing 83
MINUTE entry before the Honorable Matthew F. Kennelly: In person pretrial conference held on 4/6/2023. Oral ruling made on the defendants' motion for judgment on the pleadings #74 . Defendants' motion for judgment on the pleadings #74 is denied for the reasons stated on the record. Oral argument heard and rulings made on the record regarding defendants' motions in limine. As more fully explained on the record: (1) Defendants' motions in limine 1 and 11 are denied without prejudice to making objections at trial; motion in limine 2 is terminated as moot based on the discussion at the pretrial conference; motions in limine 3, 8, 10, and 12 are granted; motions in limine 4 and 6 are entered and continued; motion in limine 5 is denied without prejudice to raising it after the jury returns a verdict; and motion in limine 7 is taken under advisement. Briefing schedule pertaining to the issues regarding the individual defendants on the section 1981 claim that plaintiff is asserted via section 1983 and on question of emotional distress testimony as discussed on the record will be set after the anticipated settlement conference. Jury trial set for 5/8/2023 is vacated. The jury trial is reset to 8/7/2023 at 9:15 a.m. with a backup date of 9/18/2023. The parties are to meet and confer on the jury instructions and provide proposed instructions to the Court by 4/27/2023. By 4/10/2023, the parties are to contact Judge Kennelly's courtroom deputy clerk regarding the proposed settlement conference dates. Mailed notice. (mma, )
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Filing 82
RESPONSE by Malena Schroeder to MOTION by Defendants Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnellin limine #76 (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 81
MINUTE entry before the Honorable Matthew F. Kennelly: The Court clarifies that the pretrial conference set for 4/6/2023 will be held in person. (mk)
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Filing 80
PROPOSED Pretrial Order (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 79
REPLY by Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell to response in opposition to motion, #75 for judgment on the pleadings (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 78
NOTICE by Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell re proposed pretrial order #77 (Petretti, Paulette)
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Filing 77
PROPOSED Pretrial Order Submitted on behalf of Defendants (Attachments: #1 Exhibit, #2 Exhibit)(Petretti, Paulette)
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Filing 76
MOTION by Defendants Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnellin limine (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 75
RESPONSE by Malena Schroederin Opposition to MOTION by Defendants Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell for judgment on the pleadings #74 (Attachments: #1 Exhibit, #2 Notice of Filing)(Glink, Steven)
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Filing 74
MOTION by Defendants Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell for judgment on the pleadings (Attachments: #1 Exhibit, #2 Notice of Filing)(Petretti, Paulette)
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Filing 73
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion for leave to file a motion for judgment on the pleadings #72 is granted in part. The Court will permit defendants to pursue their proposed motion, but limited to the contention that a claim under 42 USC 1981 may not be asserted against the defendants in this case because they are state actors and that plaintiff's exclusive remedy against the defendants for claimed violations of her federal constitutional rights is under 42 USC 1983. Plaintiff is directed to file a response to the motion by 3/22/2023, and defendant is directed to file a reply to the response by 4/3/2023. The Court intends to rule on the motion at the status hearing set for 4/6/2023. These dates are not subject to extension given the upcoming trial date. (mk)
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Filing 72
MOTION by Defendants Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell for judgment on the pleadings Leave to File (Attachments: #1 Exhibit, #2 Notice of Filing)(Petretti, Paulette)
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Filing 71
ATTORNEY Appearance for Defendants Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell by Karen J. Dimond (Dimond, Karen)
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Filing 70
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 1/17/2023 is vacated. Mailed notice. (mma, )
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Filing 69
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 1/11/2023. Plaintiff's motion to continue #67 is granted. The trial date of 2/13/2023 is vacated and reset to 5/8/2023 at 9:15 a.m. Pretrial order deadline is moved to 3/31/2023. Pretrial conference set for 1/27/2023 is vacated and reset to 4/6/2023 at 3:00 p.m. Mailed notice. (mma, )
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Filing 68
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to continue #67 is set for a telephonic hearing on 1/11/2023 at 9:00 AM, using call-in number 888-684-8852, access code 746-1053. (mk)
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Filing 67
MOTION by Plaintiff Malena Schroeder to continue trial and extend time to file the final pre-trial order (Attachments: #1 Exhibit)(Glink, Steven)
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Filing 66
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 65
SEALED DOCUMENT by Defendants Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell Joint Status Report (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 64
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report. The telephonic status hearing set for 11/10/2022 is vacated and reset to 1/17/2023 at 8:50 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. If there are any significant developments regarding settlement before that date, the parties should file a joint status report under seal to advise the Court. To clarify, motions in limine (limited to an aggregate total of 15 pages per side, absent advance leave of court) are due on 1/13/2023, and responses (also limited to an aggregate total of 15 pages per side) are due on 1/20/2023. Each side is encouraged to put all of its motions in limine into a single filing rather than filing them as separate motion. (mk)
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Filing 63
STATUS Report by Malena Schroeder (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 62
MINUTE entry before the Honorable Matthew F. Kennelly: The Court notes that the parties failed to file a joint status report regarding settlement by 11/3/2022 as ordered. They must do so by no later than 11/7/2022, or the Court may impose a sanction. The parties are reminded that if the status report discloses details regarding settlement discussions, it may be filed under seal. (mk)
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Filing 61
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic motion hearing held on 10/14/2022. Defendants' motion for reconsideration #58 is denied as to the reasons stated more fully on the record. Telephonic status hearing remains set for 11/10/2023 #58 . Mailed notice. (mma, )
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Filing 60
RESPONSE to Order to Show Cause (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 59
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants have moved for partial reconsideration of the Court's summary judgment ruling, arguing that the Court should have applied a two-year limitations period to plaintiff's section 1981 national origin claim rather than a four-year limitations period. Defendants are ordered to show cause why the motion should not be denied on the ground that this argument was forfeited. Defendants' summary judgment supporting memorandum contained a one-sentence contention that a two-year period applied, without any discussion and citing only a single non-precedential case (a district court decision) involving a claim nothing like plaintiff's, indeed a claim that did not involve an employment agreement at all but rather medical treatment under a health insurance plan. See Piccioli v. Plumbers Welfare Fund Local 130, U.A., 2020 WL 6063065 (N.D. Ill. Oct. 14, 2020). The extended discussion in the motion for reconsideration regarding why a two-year limitations period should apply is not included or even hinted at in the defendant's summary judgment memorandum. The Court thus is inclined to conclude that the argument was forfeited. Defendants are ordered to show cause why the motion for reconsideration should not be denied on this basis. The Court also notes that the section 1981 national origin claim appears to be superfluous in this case given the presence of a parallel Title VII claim. Defendants' response to the show cause order should address this as well. Defendants are ordered to file a response to this show cause order not to exceed 7 pages by 10/11/2022. A telephonic hearing is set for 10/14/2022 at 9:20 AM, using call-in number 888-684-8852, access code 746-1053. (mk)
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Filing 58
MOTION by Defendants Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell for reconsideration regarding order on motion for summary judgment,,, memorandum opinion and order,,, terminate motions,,, set/reset hearings,, #55 (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 57
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 9/26/2022. Pretrial order is due 1/13/2023. Pretrial conference is set for 1/27/2023 at 10:00 a.m. The parties are directed to file a joint status report by 11/3/2022. If the status report discloses details regarding settlement, the parties have leave to file the status report under seal. A telephonic status hearing is set for 11/10/2022 at 8:50 a.m. The following call-in number will be used: 888-684-8852; access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
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Filing 56
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 9/8/2022. Jury trial is set for 2/13/2023 at 9:15 a.m. A telephonic status hearing is set for 9/26/2022 at 8:45 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (mma, )
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Filing 55
MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 9/1/2022: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court grants summary judgment in favor of the defendants on count 2 and 5 through 9 of plaintiff's complaint but denies the Board's motion for summary judgment [dkt. no. 34] on counts 1, 3, and 4, plaintiff's Title VII, ADEA, and section 1981 claims. The case is set for a telephonic status hearing on September 8, 2022 at 9:05 a.m. for the purpose of setting a trial date and discussing the possibility of settlement. The following call-in number will be used: 888-684-8852, access code 746-1053. (mk)
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Filing 54
RULE 56.1 (c)(2) Statement by Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell regarding motion for summary judgment #34 (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 53
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion #52 for leave to file a response to plaintiff's statement of additional material facts is granted in part. Defendants are correct that LR 56.1 permits (and in fact requires) the summary judgment movant to file a point-by-point response to the statement of additional facts filed by the summary judgment respondent. See LR 56.1(c)(2). If that was all defendants had filed, the Court would not have stricken their submission. The problem with the defendants' previous--and their current proposed--submission is that it contains a section at the outset entitled "RESPONSE TO PLAINTIFF'S OBJECTION TO DEFENDANTS' STATEMENT OF MATERIAL FACTS," which the Local Rule does not authorize without prior permission. See LR 56.1(f). That is why the Court struck the earlier submission. That part of the submission amounts to an argument that should have been incorporated into a reply brief, and for this reason the Court will not allow it as part of the defendants' LR 56.1(c)(2) response. The Court will permit defendants to file a response to plaintiffs' statement of additional material facts under LR 56.1(c)(2) if and only if does not include this section. Defendants have until 5/9/2022 to file a LR 56.1(c)(2) response to plaintiff's statement of material facts that conforms to this order. (mk)
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Filing 52
MOTION by Defendants Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell for leave to file RESPONSE TO PLAINTIFF STATEMENT OF ADDITIONAL MATERIAL FACTS (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 51
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' motion to strike certain of plaintiff's responsive submissions is denied. As is made clear on Judge Kennelly's web page, a request to strike summary judgment materials is to be incorporated into the relevant brief and not filed as a separate motion. Defendants should have incorporated their request into their reply brief. Plaintiff's motion to strike defendants' supplemental statement of facts submitted with their reply is granted, because Local Rule 56.1 does not authorize such a statement without prior leave of court, which was not sought. This is without prejudice to defendants filing such a motion promptly. (mk)
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Filing 50
RESPONSE by Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnellin Opposition to MOTION by Plaintiff Malena Schroeder to strike Rule 56 statement, #47 #49 DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION TO STRIKE DEFENDANTS' "REPLY" STATEMENT OF FACTS (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 49
MOTION by Plaintiff Malena Schroeder to strike Rule 56 statement, #47 (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 48
MOTION by Defendants Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell to strike response in opposition to motion, #44 and Exhibits (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 47
RULE 56.1 (c)(2) Statement by Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell regarding motion for summary judgment #34 (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 46
REPLY by Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell to response in opposition to motion, #43 Defendants' Motion for Summary Judgement (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 45
counter exhibit in opposition to defendants' MSJ by Malena Schroeder (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 44
RESPONSE by Malena Schroederin Opposition to MOTION by Defendants Lynn Glickman, Diana O'Donnell, Board of Education for Community Consolidated School District # 21, Lynne Duffy for summary judgment #34 in opposition to defendants' statement of material facts (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 43
RESPONSE by Malena Schroederin Opposition to MOTION by Defendants Lynn Glickman, Diana O'Donnell, Board of Education for Community Consolidated School District # 21, Lynne Duffy for summary judgment #34 opposition to defendants' memorandum of law (Attachments: #1 Exhibit, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Notice of Filing)(Glink, Steven)
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Filing 42
MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion to reset briefing schedule #41 is granted. Due date for plaintiff's summary judgment response is extended to 4/6/2022. This is the final extension. Due date for defendants' reply is extended to 5/2/2022. (mk)
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Filing 41
MOTION by Plaintiff Malena Schroeder for extension of time to file response/reply unopposed (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 40
MINUTE entry before the Honorable Matthew F. Kennelly: Unopposed motion to reset briefing schedule #39 is granted. Due date for plaintiff's summary judgment response is extended to 3/23/2022; due date for defendants' reply is extended to 4/22/22. (mk)
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Filing 39
MOTION by Plaintiff Malena Schroeder for extension of time to file response/reply as to motion for summary judgment #34 , order on motion for miscellaneous relief,, terminate hearings,, set/reset hearings,, terminate motions, #33 unopposed (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 38
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 01/12/2022.The Court sets the following briefing schedule for Defendants' Motion for Summary Judgment #34 as follows: Plaintiff's response due on or before 02/28/2022; defendant's reply due on or before 3/21/2022. The Court will review the filings and set a future status hearing date if needed. Mailed notice (axc).
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Filing 37
NOTICE of Correction re #35 and #36 (bg, )
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Filing 36
STATEMENT of material facts by Defendants Lynn Glickman, Diana O'Donnell, Board of Education for Community Consolidated School District # 21, Lynne Duffy for summary judgment Statement of Material Facts in Support of Motion for Summary Judgment (with Exhibits) (Williams, Darcee) (Docket text modified by Clerk's Office) Modified on 1/7/2022 (bg, ).
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Filing 35
MEMORANDUM of law in support of motion for summary judgment by Defendants Lynn Glickman, Diana O'Donnell, Board of Education for Community Consolidated School District # 21, Lynne Duffy for summary judgment Memorandum of Law in Support of Motion for Summary Judgment (Williams, Darcee) (Docket text modified by Clerk's Office) Modified on 1/7/2022 (bg, ).
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Filing 34
MOTION by Defendants Lynn Glickman, Diana O'Donnell, Board of Education for Community Consolidated School District # 21, Lynne Duffy for summary judgment (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 33
MINUTE entry before the Honorable Matthew F. Kennelly: Motion to reset #32 is granted; the telephonic status hearing set for 1/11/2022 is vacated and reset to 1/12/2022 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk)
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Filing 32
MOTION by Plaintiff Malena Schroederreset the current status hearing date (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 31
MINUTE entry before the Honorable Matthew F. Kennelly: Defendants' unopposed motion for extension of time #30 is granted; the deadline for filing dispositive motions is extended to 1/6/2022. The telephonic status hearing set for 12/9/2021 s vacated and reset to 1/11/2022 at 8:55 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. (mk)
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Filing 30
MOTION by Defendants Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell for extension of time to file dispositive motion (unopposed) (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 29
AGREED CONFIDENTIALITY ORDER signed by the Honorable Matthew F. Kennelly on 11/12/2021: Motion for entry of agreed confidentiality order #28 is granted. (mk)
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Filing 28
MOTION by Defendants Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell for protective order (Agreed) (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 27
MINUTE entry before the Honorable Matthew F. Kennelly: Motion for entry of agreed protective order #26 is denied without prejudice to renewal, as the parties failed to provide a draft of the proposed order for signature to Judge Kennelly's proposed order e-mail address, as specifically directed on his web page. (mk)
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Filing 26
MOTION by Defendants Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell for protective order (Agreed) (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 25
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 9/28/2021. The deadline for dispositive motions is 12/6/2021. A telephonic status hearing is set for 12/9/2021 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. Mailed notice. (mma, )
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Filing 24
MINUTE entry before the Honorable Matthew F. Kennelly: At the Court's instance, the telephonic status hearing set for 9/27/2021 is vacated and reset to 9/28/2021 at 9:25 a.m. The following call-in number will be used: 888-684-8852, conference code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk)
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Filing 23
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 8/10/2021. The parties reported on the status of discovery. A telephonic status hearing is set for 9/27/2021 at 8:45 a.m. The following call-in number will be used: 888-684-8852, conference code 746-1053. Mailed notice. (mma, )
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Filing 22
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 6/7/2021. The parties reported on the status of discovery. A telephonic status hearing is set for 8/10/2021 at 9:10 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. Mailed notice. (mma, )
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Filing 21
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 4/28/2021. The parties reported on the status of discovery. A telephonic status hearing is set for 6/7/2021 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. The parties are directed to file a joint status report regarding the status of discovery by 6/1/2021. Mailed notice. (mma, )
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Filing 20
STATUS Report (JOINT) by Board of Education for Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 19
AMENDED Answer by Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell to complaint #1 (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 18
MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status hearing held on 2/24/2021. Oral ruling made regarding the defendant's motion to dismiss. Defendant's motion to dismiss #7 is granted in part and denied in part as stated on the record. Community Consolidated School District # 21 is dismissed as a defendant. Counts 1, 2, 3, 6, and 8 are dismissed as to defendants O'Connell, Glickman, and Duffy. Count 7 is dismissed for failure to state a claim. Count 9 is dismissed without objection for failure to exhaust. The Clerk is directed to terminate defendant Community Consolidated School District # 21 from the docket. A telephonic status hearing is set for 4/28/2021 at 9:00 a.m. The following call-in number will be used for the hearing: 888-684-8852 conference code 746-1053. By no later than 4/21/2021, the parties are directed to file a joint status report regarding the progress of discovery. Mailed notice. (mma, )
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Filing 17
REPLY by Defendants Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell to motion to dismiss, #7 , memorandum in support of motion, #8 (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 16
DECLARATION of Malena Schroeder (Attachments: #1 Notice of Filing)(Glink, Steven)
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Filing 15
RESPONSE by Malena Schroederin Opposition to MOTION by Defendants Lynn Glickman, Diana O'Donnell, Community Consolidated School District # 21, Board of Education for Community Consolidated School District # 21, Lynne Duffy to dismiss DEFENDANTS' MOTION TO DISMISS COUNTS II, #7 (Attachments: #1 Declaration, #2 Notice of Filing)(Glink, Steven)
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Filing 14
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' supplemental status report and sets the following discovery and pretrial schedule. Rule 26(a)(1) disclosures are to be made by 2/5/2021. Written discovery requests are to be issued by 4/20/2021. The deadline for amending the pleadings and adding parties is 7/31/2021. Fact discovery is to be completed by 9/16/2021. Rule 26(a)(2) disclosures are to be made by 10/14/2021 by plaintiff and by 11/15/2021 by defendants. Expert depositions are to be completed by 1/5/2022. The deadline for filing dispositive motions is 1/31/2022. The telephone status hearing set for 1/12/2021 is vacated and reset to 2/24/2021 at 9:15 AM, using the following call-in number: 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. (mk)
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Filing 13
STATUS Report AMENDED JOINT STATUS REPORT by Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 12
MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the parties' joint status report and declines the proposal to put off discovery until after the Court rules on the motion to dismiss certain claims. The parties are again directed to discuss and attempt to agree upon a discovery schedule and are to file a further joint status report in this regard by the close of business on 1/7/2021. (mk)
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Filing 11
STATUS Report JOINT by Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell (Attachments: #1 Notice of Filing notice of filing for joint status report)(Williams, Darcee)
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Filing 10
MINUTE entry before the Honorable Matthew F. Kennelly: Response to motion to dismiss #7 is to be filed by 1/28/2021; reply to response is to be filed by 2/11/2021. If plaintiff wishes to amend the complaint to attempt to address matters raised in the motion to dismiss, any such amended complaint is to be filed by 1/21/2021. Status hearing remains set for 1/12/2021 as previously ordered. (mk)
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Filing 9
ANSWER to Complaint DEFENDANTS' ANSWER AND AFFIRMATIVE DEFENSES TO COUNTS I AND III OF PLAINTIFF'S COMPLAINT by Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 8
MEMORANDUM by Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell in support of motion to dismiss, #7 DEFENDANTS' MEMORANDUM IN SUPPORT OF THEIR MOTION TO DISMISS COUNTS II, IV, V, VI, VII, VIII AND IX OF PLAINTIFF'S COMPLAINT (Attachments: #1 Exhibit EXHIBITS 1 - 3, #2 Notice of Filing)(Williams, Darcee)
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Filing 7
MOTION by Defendants Lynn Glickman, Diana O'Donnell, Community Consolidated School District # 21, Board of Education for Community Consolidated School District # 21, Lynne Duffy to dismiss DEFENDANTS' MOTION TO DISMISS COUNTS II, IV, V, VI, VII, VIII AND IX OF PLAINTIFF'S COMPLAINT (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 6
ATTORNEY Appearance for Defendants Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell by Paulette A. Petretti (Attachments: #1 Notice of Filing)(Petretti, Paulette)
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Filing 5
ATTORNEY Appearance for Defendants Board of Education for Community Consolidated School District # 21, Community Consolidated School District # 21, Lynne Duffy, Lynn Glickman, Diana O'Donnell by Darcee Corinne Williams (Attachments: #1 Notice of Filing)(Williams, Darcee)
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Filing 4
MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 1/5/2021, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 (a "status hearing," in local parlance) on 1/12/2021 at 9:45 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Counsel should wait for the case to be called before announcing themselves. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk)
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Filing 3
WAIVER OF SERVICE returned executed by Malena Schroeder. All Defendants. (Glink, Steven)
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CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (lxk, )
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Filing 2
ATTORNEY Appearance for Plaintiff Malena Schroeder by Steven Earl Glink (Glink, Steven)
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Filing 1
COMPLAINT filed by Malena Schroeder; Filing fee $ 400, receipt number 0752-17575859. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Glink, Steven)
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