Motykie et al v. Motykie, et al
| Kevin D Motykie, Katherine D Torbick, MINOR JJ TT and Randy Akin |
| Motykie Gary, Village of Inverness, Joseph G Howard, Joseph Belmonte, Scott May, Ernie Meyerson, Gary Motykie, Village of Inverness, Illinois and Law Offices of Joseph Howard, P.C. |
| 1:2023cv01779 |
| March 21, 2023 |
| US District Court for the Northern District of Illinois |
| Jeremy C Daniel |
| Matthew F Kennelly |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 48 MINUTE entry before the Honorable Jeremy C. Daniel: Defendant's motion to modify the briefing schedule #46 is granted. The reply is due November 2, 2023. Motion hearing set for October 4, 2023 is stricken. Mailed notice (vcf, ) |
| Filing 47 NOTICE of Motion by Thomas G. DiCianni for presentment of motion for miscellaneous relief #46 before Honorable Jeremy C. Daniel on 10/4/2023 at 09:30 AM. (DiCianni, Thomas) |
| Filing 46 MOTION by Defendants Randy Akin, Joseph Belmonte, Scott May, Ernie Meyerson, Village of Inverness, IllinoisTo Revise Briefing Schedule (DiCianni, Thomas) |
| Filing 45 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing held. Motions to dismiss #15 , #16 , #23 , are taken under advisement. Motion to compel #41 is entered and continued. Plaintiff's response to Iverness defendants motion to dismiss count I through IV #23 is due by 10/11/2023; reply due by 10/18/2023. Discovery is stayed pending rulings on the motions to dismiss. Mailed notice (vcf, ) |
| Filing 44 RESPONSE by Joseph G Howard, Law Offices of Joseph Howard, P.C., Gary Motykie to MOTION by Plaintiff Kevin D Motykie for hearing on Motion to Compel Return of Property #41 (Jalalpour, Ramses) |
| Filing 43 MINUTE entry before the Honorable Jeremy C. Daniel: Motion hearing set for 9/20/2023 is reset to 9/27/2023 at 9:30 a.m. Mailed notice (vcf, ) |
| Filing 42 NOTICE of Motion by James J. Macchitelli for presentment of before Honorable Jeremy C. Daniel on 9/20/2023 at 09:30 AM. (Macchitelli, James) |
| Filing 41 MOTION by Plaintiff Kevin D Motykie for hearing on Motion to Compel Return of Property (Macchitelli, James) |
| Filing 40 CERTIFICATE of Service by James J. Macchitelli on behalf of Kevin D Motykie (Macchitelli, James) |
| Filing 39 CERTIFICATE of Service by Defendant Gary Motykie re Rule 26(a)(1) Initial Disclosures (Morris, Sandy) |
| Filing 38 CERTIFICATE of Service by Thomas G. DiCianni on behalf of Randy Akin, Joseph Belmonte, Scott May, Ernie Meyerson, Village of Inverness, Illinois (DiCianni, Thomas) |
| Filing 37 CERTIFICATE of Service by Defendants Joseph G Howard, Law Offices of Joseph Howard, P.C. of Rule 26(a) Initial Disclosures (Jalalpour, Ramses) |
| Filing 36 REPLY by Kevin D Motykie, Katherine D Torbick(natural mother and next friend of JT, a minor), Katherine D Torbick to MOTION by Plaintiffs Kevin D Motykie, Katherine D Torbick, Katherine D Torbick to compel Return of Personal Property #19 (Attachments: #1 Exhibit A - List of Personal Property)(Macchitelli, James) |
| Filing 35 REPLY by Kevin D Motykie, Katherine D Torbick(natural mother and next friend of JT, a minor), Katherine D Torbick to MOTION by Plaintiffs Kevin D Motykie, Katherine D Torbick, Katherine D Torbick to compel Return of Personal Property #19 (Macchitelli, James) |
| Filing 34 REPLY by Defendants Joseph G Howard, Law Offices of Joseph Howard, P.C. in Support of Their Motion to Dismiss Complaint (Jalalpour, Ramses) |
| Filing 33 REPLY by Gary Motykie to MOTION by Defendant Gary Motykie to dismiss #16 (Morris, Sandy) |
| Filing 32 MINUTE entry before the Honorable Matthew F. Kennelly: This case having been reassigned to the Honorable Jeremy C. Daniel, the 7/18/2023 telephonic status hearing before Judge Kennelly is vacated. Mailed notice. (mma, ) |
| Filing 31 EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 23-0024: IT APPEARING THAT, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Jeremy C. Daniel; therefore IT IS HEREBY ORDERED that the attached list of 282 cases be reassigned to the Honorable Jeremy C. Daniel; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable Jeremy C. Daniel'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 Jeremy C. Daniel to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable Jeremy C. Daniel to the Court's criminal case assignment system twelve (12) months so that Judge Daniel shall thereafter receive a full share of such cases. Case reassigned to the Honorable Jeremy C. Daniel for all further proceedings. Honorable Matthew F. Kennelly no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 6/27/2023.(tg, ) |
| Filing 30 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant's motion to strike #26 is denied. The motion will be considered as defendant's response to the motion to compel return of property. (mk) |
| Filing 29 RESPONSE by Kevin D Motykie, Katherine D Torbick(natural mother and next friend of JT, a minor), Katherine D Torbickin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Joseph G Howard, Law Offices of Joseph Howard, P.C. #15 (Macchitelli, James) |
| Filing 28 RESPONSE by Kevin D Motykie, Katherine D Torbick(natural mother and next friend of JT, a minor), Katherine D Torbickin Opposition to MOTION by Defendant Gary Motykie to dismiss #16 (Macchitelli, James) |
| Filing 27 RESPONSE by Joseph G Howardin Opposition to MOTION by Plaintiffs Kevin D Motykie, Katherine D Torbick, Katherine D Torbick to compel Return of Personal Property #19 (Jalalpour, Ramses) |
| Filing 26 MOTION by Defendant Gary Motykie to strike MOTION by Plaintiffs Kevin D Motykie, Katherine D Torbick, Katherine D Torbick to compel Return of Personal Property #19 or in the Alternative, Response in Opposition to Plaintiffs' Motion to Compel Return of Personal Property (Attachments: #1 Exhibit 1)(Morris, Sandy) |
| Filing 25 MINUTE entry before the Honorable Matthew F. Kennelly: Telephonic status and motion hearings held on 6/1/2023. Order to show cause entered on 5/28/2023 #22 is vacated. Plaintiffs' response to the motions to dismiss #15 #16 #23 is due 6/14/2023; defendants' replies are due 6/29/2023. Defendants' responses to the plaintiffs' motion to compel #19 are due 6/15/2023; plaintiffs' reply is due 6/29/2023. Rule 26(a)(1) disclosures are to be made by 7/17/2023. A telephonic status hearing is set for 7/18/2023 at 8:50 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, ) |
| Filing 24 MEMORANDUM by Randy Akin, Joseph Belmonte, Scott May, Ernie Meyerson, Village of Inverness, Illinois in support of motion to dismiss #23 (DiCianni, Thomas) |
| Filing 23 MOTION by Defendants Joseph Belmonte, Scott May, Randy Akin, Village of Inverness, Illinois, Ernie Meyerson to dismiss Counts I through IV (Attachments: #1 Exhibit Exhibit A - Order of Protection)(DiCianni, Thomas) |
| Filing 22 MINUTE entry before the Honorable Matthew F. Kennelly: The Court has reviewed the status report filed by defendants, in which they allege that plaintiff's counsel failed to participate as ordered by the Court in the preparation of the status report. Plaintiff's counsel is ordered to show cause why a sanction should not be imposed. The telephonic hearing set for 6/1/2023 will proceed as scheduled. (mk) |
| Filing 21 STATUS Report by Randy Akin, Joseph Belmonte, Joseph G Howard, Law Offices of Joseph Howard, P.C., Scott May, Ernie Meyerson, Gary Motykie, Village of Inverness, Illinois (Jalalpour, Ramses) |
| Filing 20 MINUTE entry before the Honorable Matthew F. Kennelly: The parties should be prepared to discuss defendants' motions to dismiss and plaintiffs' motion to compel return of property at the telephonic status hearing set for 6/1/2023 at 9:00 AM. (mk) |
| Filing 19 MOTION by Plaintiffs Kevin D Motykie, Katherine D Torbick, Katherine D Torbick to compel Return of Personal Property (Attachments: #1 Exhibit A - Emergency Order of Protection4io, #2 Exhibit B - Order entered on 01/13/2022, #3 Exhibit C - List of Property to Return, #4 Exhibit D - Emails from Plaintiff to Defendant, #5 Exhibit E - Emails from Plaintiff to Attorney, #6 Exhibit F - Motion to Compel, #7 Exhibit G - Response Motion)(Macchitelli, James) |
| Filing 18 MINUTE entry before the Honorable Matthew F. Kennelly: Inverness defendants' unopposed motion for extension of time #13 is granted; response to complaint is to be filed by 5/29/2023. (mk) |
| Filing 17 MEMORANDUM by Gary Motykie in support of motion to dismiss #16 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Morris, Sandy) |
| Filing 16 MOTION by Defendant Gary Motykie to dismiss (Morris, Sandy) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Joseph G Howard, Law Offices of Joseph Howard, P.C. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Jalalpour, Ramses) |
| Filing 14 MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 5/25/2023, 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 on 6/1/2023 at 9:00 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. 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) |
| Filing 13 MOTION by Defendants Randy Akin, Joseph Belmonte, Scott May, Ernie Meyerson, Village of Inverness, Illinois for extension of time (Unopposed) (DiCianni, Thomas) |
| Filing 12 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant Gary Motykie's motion for extension of time #11 is granted; response to complaint is to be filed by 5/10/2023. (mk) |
| Filing 11 MOTION by Defendant Gary Motykie for extension of time to respond to complaint (UNOPPOSED) (Morris, Sandy) |
| Filing 10 MINUTE entry before the Honorable Matthew F. Kennelly: Certain defendants' motion for extension of time #7 is granted; response to complaint is to be filed by 5/10/2023. (mk) |
| Filing 9 ATTORNEY Appearance for Defendant Gary Motykie by Lydia Anne Bueschel (Bueschel, Lydia) |
| Filing 8 ATTORNEY Appearance for Defendant Gary Motykie by Sandy L Morris (Morris, Sandy) |
| Filing 7 MOTION by Defendants Joseph G Howard, Law Offices of Joseph Howard, P.C. for extension of time to Respond to Plaintiffs' Complaint (Jalalpour, Ramses) |
| Filing 6 ATTORNEY Appearance for Defendants Joseph G Howard, Law Offices of Joseph Howard, P.C. by Ramses Jalalpour (Jalalpour, Ramses) |
| Filing 5 ATTORNEY Appearance for Defendants Joseph G Howard, Law Offices of Joseph Howard, P.C. by Joseph R. Marconi (Marconi, Joseph) |
| Filing 4 ATTORNEY Appearance for Defendants Randy Akin, Joseph Belmonte, Scott May, Ernie Meyerson, Village of Inverness, Illinois by Thomas G. DiCianni (DiCianni, Thomas) |
| SUMMONS Issued as to Defendants Randy Akin, Joseph Belmonte, Joseph G Howard, Scott May, Ernie Meyerson, Gary Motykie, Village of Inverness, Illinois (daj, ) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jb, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jb, ) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Kevin D Motykie, JJ TT, Katherine D Torbick by James J. Macchitelli (Macchitelli, James) |
| Filing 2 CIVIL Cover Sheet (Macchitelli, James) |
| Filing 1 COMPLAINT filed by Kevin D Motykie; Jury Demand. Filing fee $ 402, receipt number AILNDC-20463285.(Macchitelli, James) |
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