589 State Hwy 146, LLC et al v. City of Cahokia Heights, IL
| 589 State Hwy 146, LLC d/b/a Pony T's, Centerville Entertainment, LLC d/b/a Club Onyx, 589 State Hwy 146, LLC doing business as Pony T's and Centerville Entertainment, LLC doing business as Club Onyx |
| City of Cahokia Heights, IL |
| 3:2021cv01774 |
| December 29, 2021 |
| U.S. District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.
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Filing 31
ORDER GRANTING #30 Motion to Stay and Motion for Extension of Time. Both parties recently agreed that a temporary restraining order was no longer necessary since the Defendant agreed that it would not enforce the challenged Ordinance until a ruling on the Motion for a Preliminary Injunction (Doc. #6 ) was decided. Defendant has now alleged that the ordinance was repealed by the city council, meaning that the ordinance was never enforced and will never be enforced in the future. According to the Defendant, this calls into question the justiciability of Plaintiffs' case, so it filed a Motion to Dismiss (Doc. #29 ). Defendant asks this Court to stay briefing on the Motion for Preliminary Injunction until the justiciability issue in the Motion to Dismiss has been resolved. Good cause having been shown, the Court STAYS briefing on the Motion for Preliminary Injunction until the Court rules on the Motion to Dismiss. Plaintiffs shall respond to the Motion to Dismiss on or before 2/28/2022. Should the Court deny the Motion to Dismiss, it will give the Defendant seven days to respond to the Motion for a Preliminary Injunction. Signed by Judge Stephen P. McGlynn on 1/28/2022. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 30 MOTION to Stay re #6 MOTION for Temporary Restraining Order , MOTION for Extension of Time by City of Cahokia Heights, IL. (Funk, Brian) |
| Filing 29 MOTION to Dismiss for Failure to State a Claim by City of Cahokia Heights, IL. (Attachments: #1 Exhibit A)(Funk, Brian) |
| Filing 28 SUMMONS Returned Executed by All Plaintiffs. City of Cahokia Heights, IL served on 1/12/2022, answer due 2/2/2022. (Schneider, John) |
| Filing 27 NOTICE of Appearance by Jane M. May on behalf of City of Cahokia Heights, IL (May, Jane) |
| Filing 26 NOTICE of Appearance by Brian M Funk on behalf of City of Cahokia Heights, IL (Funk, Brian) |
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Filing 25
ORDER: Defendant's Response to Plaintiffs' Motion for Preliminary Injunction (Doc. #6 ) shall be filed on or before 1/28/2022. A reply, if any, shall be filed on or before 2/4/2022. Signed by Judge Stephen P. McGlynn on 1/6/2022. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
ORDER: Plaintiffs have indicated that a temporary restraining order is no longer necessary since the Defendant agreed not to enforce the challenged Ordinance until a ruling on the motion for a preliminary injunction (Doc. #6 ). Accordingly, the hearing set for 1/3/2022 at 2:30 PM is CANCELLED Signed by Judge Stephen P. McGlynn on 1/3/2022. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 NOTICE of Appearance by John R. Schneider on behalf of 589 State Hwy 146, LLC, Centerville Entertainment, LLC (Schneider, John) |
| Filing 22 NOTICE of Appearance by Mark C. Scoggins on behalf of City of Cahokia Heights, IL (Scoggins, Mark) |
| Filing 21 NOTICE of Appearance by William C. Livingston on behalf of All Plaintiffs (Livingston, William) |
| Filing 20 NOTICE of Hearing on Motions #6 MOTION for Temporary Restraining Order and #7 MOTION for Temporary Restraining Order: Zoom Motion Hearing set for 1/3/2022 at 2:30 PM before Judge Stephen P. McGlynn. Parties will receive their Zoom invitations via e-mail.(jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 19
ORDER granting #18 Motion to Appear Pro Hac Vice by Attorney William C. Livingston. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 18 MOTION to Appear Pro Hac Vice by Attorney William C. Livingston $200 fee paid,receipt number AILSDC-4668114 by on behalf of 589 State Hwy 146, LLC, Centerville Entertainment, LLC. (Livingston, William) |
| Filing 17 NOTICE of Appearance by Steven D. Shafron on behalf of All Plaintiffs (Shafron, Steven) |
| Filing 16 NOTICE of Appearance by J. Michael Murray on behalf of All Plaintiffs (Murray, J.) |
| Filing 15 Summons Issued as to City of Cahokia Heights, IL. Original mailed to John R. Schneider. (adh) |
| Filing 14 NOTICE OF ACTION: See Local Rule 83.1(f). In all cases filed in, removed to, or transferred to this court, all attorneys, including government attorneys, shall file a written entry of appearance before addressing the court. Attorney Schneider does not have a Notice of Appearance on file in this case. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 13
ORDER granting #10 Motion to Appear Pro Hac Vice by Attorney J. Michael Murray ; and granting #11 Motion to Appear Pro Hac Vice by Attorney Steven D. Shafron. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 Notice of Judge Assignment. Judge Stephen P. McGlynn assigned. All future documents must bear case number 21-1774-SPM. (amv) |
| Filing 11 MOTION to Appear Pro Hac Vice by Attorney Steven D. Shafron $200 fee paid,receipt number AILSDC-4667812 by on behalf of 589 State Hwy 146, LLC d/b/a Pony T's, Centerville Entertainment, LLC d/b/a Club Onyx. (Shafron, Steven) |
| Filing 10 MOTION to Appear Pro Hac Vice by Attorney J. Michael Murray $200 fee paid,receipt number AILSDC-4667801 by on behalf of 589 State Hwy 146, LLC d/b/a Pony T's, Centerville Entertainment, LLC d/b/a Club Onyx. (Murray, J.) |
| Filing 9 SUPPLEMENT by 589 State Hwy 146, LLC d/b/a Pony T's, Centerville Entertainment, LLC d/b/a Club Onyx. Supplement to #1 Complaint Rule 65 Certification. (Schneider, John) |
| Filing 8 MEMORANDUM in Support re #6 MOTION for Temporary Restraining Order Brief in Support of Plaintiffs' Motion for a Temporary Restraining Order and a Preliminary Injunction filed by 589 State Hwy 146, LLC d/b/a Pony T's, Centerville Entertainment, LLC d/b/a Club Onyx. (Schneider, John) |
| Filing 7 MOTION for Temporary Restraining Order Plaintiffs' Local Rule 7.1(h) Motion for Oral Argument on Their Motion for a Temporary Restraining Order and Preliminary Injunction by 589 State Hwy 146, LLC d/b/a Pony T's, Centerville Entertainment, LLC d/b/a Club Onyx. (Schneider, John) |
| Filing 6 MOTION for Temporary Restraining Order by 589 State Hwy 146, LLC d/b/a Pony T's, Centerville Entertainment, LLC d/b/a Club Onyx. (Schneider, John) |
| Filing 5 CIVIL COVER SHEET by 589 State Hwy 146, LLC d/b/a Pony T's, Centerville Entertainment, LLC d/b/a Club Onyx. Supplement to #1 Complaint . (Schneider, John) |
| Filing 4 Summons Requested. (Schneider, John) |
| Filing 3 Corporate Disclosure Statement by Centerville Entertainment, LLC d/b/a Club Onyx (Schneider, John) |
| Filing 2 Corporate Disclosure Statement by 589 State Hwy 146, LLC d/b/a Pony T's (Schneider, John) |
| Filing 1 COMPLAINT against City of Cahokia Heights, IL ( Filing fee $ 402 receipt number AILSDC-4667559.), filed by 589 State Hwy 146, LLC d/b/a Pony T's, Centerville Entertainment, LLC d/b/a Club Onyx.(Schneider, John) |
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