Gates v. West et al
| Sabrina Gates |
| Jennifer West and Coles County Mental Health Association Inc doing business as Lifelinks Mental Health |
| 3:2022cv00593 |
| March 24, 2022 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 73 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 72 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (DeCaro, Dennis) |
| Filing 71 NOTICE of Appearance by Dennis J. DeCaro on behalf of Sabrina Gates (DeCaro, Dennis) |
| Filing 70 Minute Entry for proceedings held before Judge J. Phil Gilbert: Status Conference held on 3/29/2022. The Final Pretrial Conference is scheduled for 7/19/2022 at 9:00 AM with a Jury Trial date of 8/1/2022 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert. The Final Pretrial Conference will be held telephonically before the Honorable J. Phil Gilbert. Parties are directed to call into (618) 439-7733 to join the conference. (Court Reporter Amy Richardson.) (tag) |
| Filing 69 NOTICE of HEARING. A Status Conference is scheduled for 3/29/2022 at 10:00 AM via Telephone Conference before Judge J. Phil Gilbert. PARTIES ARE DIRECTED TO CALL INTO (618) 439-7733 to join the conference call. (tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 68 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. Attorneys Mary Kathleen Volk and Dennis J. DeCaro do not have a Notice of Appearance on file in this case. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 67 This Court has received your complaint from the Central District of Illinois, previously assigned case number: 19-2059. Your new case number is 22-593-JPG. All future documents must bear case number 22-593-JPG. (jaj) |
| Filing 66 NOTICE FROM CLERK Instructing Plaintiff and Defendants to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff and Defendants on 3/24/2022. Consent due by 4/14/2022 (jaj) |
| Filing 65 Case transferred in from District of Illinois Central; Case Number 2:19-cv-02059. Original file certified copy of transfer order and docket sheet received. |
Filing 64
ORDER entered by Judge Colin Stirling Bruce on 3/23/2022. The clerk is directed to transfer this case to the Southern District of Illinois. This case is terminated. See written order. (JMB) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 63 REPLY to Response to Motion re #62 MOTION for Leave to File Reply to Defendant's Response filed by Plaintiff Sabrina Gates. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 2/4/22. Plaintiffs Motion for Leave to File Reply #62 is GRANTED. Plaintiff has until February 14, 2022, to file her Reply. (SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 62 MOTION for Leave to File Reply to Defendant's Response by Plaintiff Sabrina Gates. Responses due by 2/14/2022 (Attachments: #1 Exhibit A- Def. Response, #2 Exhibit B - West Dep)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 61 MEMORANDUM of Defendants in Response re #60 Memorandum, by Coles County Mental Health Association Inc, Jennifer West. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 60 MEMORANDUM OF PLAINTIFF'S STATEMENT REGARDING APPROPRIATE VENUE by Sabrina Gates. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J-1, #11 Exhibit J-2, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Minute Entry for proceedings held 12/20/21 before Judge Colin Stirling Bruce. Appearance on behalf of the Plaintiff by Dennis DeCaro. Appearance on behalf of the Defendants by Mary Volk. Status Conference held by telephone. Proper jurisdiction and venue discussed. Oral Motion for leave to file a third amended complaint by plaintiff. Court reserves ruling until after jurisdiction is determined. Plaintiff is directed to file a statement as to the appropriate venue and explain why this matter should be heard in the Central District of Illinois rather than the Southern District of Illinois by 1/14/2022. Defendant to file any response by 1/28/2022. All previously set deadlines and hearings are vacated until further order. ( Other Deadline set for 1/14/2022.) (Court Reporter LC.) (SKR) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/10/2021.. Upon review of the pleadings in this matter, it appears that all of the operative facts in this case occurred in Effingham County, Illinois, which is located in the Southern District of Illinois. See 28 U.S.C. section 93(c). Indeed, based on paragraph 3 of both the original Complaint #1 and Amended Complaint #38 , Plaintiff filed this action in this court in error, believing Effingham County to be in the Central District of Illinois. Both the original #1 and Amended Complaint #38 state, at paragraph 3: "Venue is appropriate in this judicial district under 28 U.S.C. [section] 1391 (b) because the events of which the complaint is based took place in Effingham, Illinois, which is within this judicial district." It is well established that a district court has the authority to sua sponte transfer a case under 28 U.S.C. section 1404, as the language of the statute is broad enough that a district court can order transfer on its own initiative. In re Ryze Claims Solutions, LLC, 968 F.3d 701, 706 n.5 (7th Cir. 2020). Based on the above, the court believes that this case should be transferred to the Southern District of Illinois. Before taking such action, however, the court finds it sensible to provide notice and opportunity to be heard to the parties. Runk v. United Fire & Casualty Co., 2009 WL 3256806, at *8 (N.D. Ind. Oct. 7, 2009); Advanced Turf Solutions, Inc. v. Johns, 223 F.Supp.3d 786, 787 n.1 (S.D. Ind. 2016). The court therefore sets this matter for a telephone status conference on Monday, December 20, 2021, at 1:30 pm. The parties are to call 551-285-1373 and then enter meeting ID 16051789866. (JMB) [Transferred from Illinois Central on 3/24/2022.]
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Filing 59
ORDER entered by Judge Colin Stirling Bruce on 12/6/21. Plaintiff's Motion to Strike Defendants' Motion for Summary Judgment #53 is GRANTED. Defendants' Motion(s) for Summary Judgment #48 and #51 are hereby STRICKEN as are Defendants' Exhibits #52 in support. This case remains set for a final pretrial conference on 2/7/22 at 11:00 AM and jury trial on 2/22/22 at 9:00 AM. See written Order. (TC) [Transferred from Illinois Central on 3/24/2022.]
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Filing 58
ORDER Entered by Judge Colin Stirling Bruce on 12/2/21. Final Pretrial Conference set for 2/7/2022 at 11:00 AM via video conference before Judge Colin Stirling Bruce. SEE WRITTEN ORDER. ( Motions due by 1/10/2022. Responses due by 1/24/2022. Proposed Pretrial Order due by 2/4/2022.) (Attachments: #1 Judge Bruce Zoom instructions)(SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 57 RESPONSE to Motion re #53 MOTION to Strike #52 Exhibit,,,, #48 First MOTION for Summary Judgment , #51 First MOTION for Summary Judgment filed by Defendants Coles County Mental Health Association Inc, Jennifer West. (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 56 MOTION for Extension of Time to File Response/Reply as to #52 Exhibit,,,, #53 MOTION to Strike #52 Exhibit,,,, #48 First MOTION for Summary Judgment , #51 First MOTION for Summary Judgment , #48 First MOTION for Summary Judgment , #51 First MOTION for Summary Judgment by Plaintiff Sabrina Gates. Responses due by 12/3/2021 (Attachments: #1 Exhibit A - Text Order, #2 Exhibit B - Doc #48, #3 Exhibit C - Doc#51)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 11/19/21. Plaintiffs Motion for an Extension of Time to File Response to Defendants Motion for Summary Judgment #56 is GRANTED. The November 29, 2021, response date is STRICKEN. A new date will be set following the courts ruling on Plaintiffs Motion to Strike #53 , if necessary. (SKR) [Transferred from Illinois Central on 3/24/2022.]
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 11/16/21. The Court has reviewed Plaintiffs Motion to Strike #47 , the Response #49 , and the Reply #55 and finds that Plaintiff will not suffer prejudice by allowing witness Nikki Quandt. Plaintiffs Motion to Strike Nikki Quandt from Defendants Late Supplemental Rule 26 Disclosure #47 is DENIED. The Court gives Plaintiff forty-five (45) days to depose Plaintiff if desired. (SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 55 REPLY to Response to Motion re #47 MOTION to Strike #44 Amended Document filed by Plaintiff Sabrina Gates. (SKR) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 11/15/21. Plaintiffs Motion to seek Leave for an Extension to November 14, 2021 for the filing of her Reply and for the Court to accept the filing instanter as Exhibit 2 to the Motion #54 is GRANTED. The Court directs the Clerk to file Plaintiffs Reply instanter. (SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 54 First MOTION for Extension of Time to File Response/Reply as to #49 Response to Motion, #47 MOTION to Strike #44 Amended Document by Plaintiff Sabrina Gates. Responses due by 11/29/2021 (Attachments: #1 Exhibit Exhibit 1 - Docket #50, #2 Exhibit Exhibit 2 - Plaintiff's Reply and Exhibits)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 53 MOTION to Strike #52 Exhibit,,,, #48 First MOTION for Summary Judgment , #51 First MOTION for Summary Judgment by Plaintiff Sabrina Gates. Responses due by 11/23/2021 (Attachments: #1 Exhibit A- Defendants' 10/29/21 Notice of Filing)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 52 **STRICKEN** Exhibit re #51 First MOTION for Summary Judgment by Coles County Mental Health Association Inc, Jennifer West. (Attachments: #1 Exhibit Exhibit D, #2 Exhibit Exhibit E, #3 Exhibit Exhibit F, #4 Exhibit Exhibit G, #5 Exhibit Exhibit H, #6 Exhibit Exhibit I, #7 Exhibit Exhibit J, #8 Exhibit Exhibit K, #9 Exhibit Exhibit L, #10 Exhibit Exhibit M1, #11 Exhibit Exhibit M2, #12 Exhibit Exhibit M3, #13 Exhibit Exhibit M4, #14 Exhibit Exhibit M5, #15 Exhibit Exhibit N1, #16 Exhibit Exhibit N2, #17 Exhibit Exhibit N3, #18 Exhibit Exhibit N4, #19 Exhibit Exhibit O, #20 Exhibit Exhibit P, #21 Exhibit Exhibit Q, #22 Exhibit Exhibit R, #23 Exhibit Exhibit S, #24 Exhibit Exhibit T, #25 Exhibit Exhibit U, #26 Exhibit Exhibit V, #27 Exhibit Exhibit W, #28 Exhibit Exhibit X, #29 Exhibit Exhibit Y, #30 Exhibit Exhibit Z, #31 Exhibit Exhibit AA, #32 Exhibit Exhibit BB, #33 Exhibit Exhibit CC)(Volk, Mary) Modified on 12/6/21 to show **STRICKEN** per Order #59 (TC). [Transferred from Illinois Central on 3/24/2022.] |
| Filing 51 **STRICKEN** First MOTION for Summary Judgment by Defendants Coles County Mental Health Association Inc, Jennifer West. Responses due by 11/29/2021 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Volk, Mary) Modified on 12/6/21 to show **STRICKEN** per Order #59 (TC). [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 11/3/21. Plaintiffs Motion for Leave to File Reply #50 is GRANTED. Plaintiff is granted leave to file a reply within 7 days. ( Replies due by 11/10/2021.) (SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 50 MOTION for Leave to File a Reply to Defendant's Response by Plaintiff Sabrina Gates. Responses due by 11/16/2021 (Attachments: #1 Exhibit Exh. A. Pltf's Motion to Strike, #2 Exhibit Exh. B Defs Response)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 49 RESPONSE to Motion re #47 MOTION to Strike #44 Amended Document filed by Defendants Coles County Mental Health Association Inc, Jennifer West. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 48 **STRICKEN** First MOTION for Summary Judgment by Defendants Coles County Mental Health Association Inc, Jennifer West. Responses due by 11/19/2021 (Volk, Mary) Modified on 12/6/21 to show **STRICKEN** per Order #59 (TC). [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 10/18/21. Defendants Motion for Extension of Time to File Motion for Summary Judgment #45 is GRANTED. Defendants summary judgment motion is now due October 29, 2021. Plaintiffs response is due November 19, 2021. Defendants reply is due December 3, 2021. (SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 47 MOTION to Strike #44 Amended Document by Plaintiff Sabrina Gates. Responses due by 11/1/2021 (Attachments: #1 Exhibit A - 1st R. 26 Disclosure, #2 Exhibit B - Supp. R. 26 Disclosure)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 46 RESPONSE to Motion re #45 First MOTION for Extension of Time to File Motion for Summary Judgment filed by Plaintiff Sabrina Gates. (Attachments: #1 Exhibit A - 9/9/21 email, #2 Exhibit B - Defs 1st Mot for Extension, #3 Exhibit C - 9/15/21 email, #4 Exhibit D - 9/28/21 email, #5 Exhibit E - 9/29/21 email)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 45 First MOTION for Extension of Time to File Motion for Summary Judgment by Defendant Coles County Mental Health Association Inc. Responses due by 10/29/2021 (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 44 AMENDED DOCUMENT by Coles County Mental Health Association Inc. Supplemental Rule 26 Disclosures. (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 9/14/21. Defendants Motion for Extension of Time #42 is GRANTED in part and DENIED in part. Plaintiff shall make rebuttal witnesses available for deposition by 10/8/21. Discovery closes 10/8/21. Dispositive motions due 10/15/21. Defendants duplicate Motion for Extension of Time #43 is denied as MOOT. (SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 43 MOTION for Extension of Time to Complete Discovery by Defendant Coles County Mental Health Association Inc. Responses due by 9/24/2021 (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 42 First MOTION for Extension of Time to Complete Discovery by Defendant Coles County Mental Health Association Inc. Responses due by 9/24/2021 (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 41 CERTIFICATE of Service of Plaintiff's Expert's Rebuttal Opinions. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 7/19/2021. Plaintiff's Motion for Leave to Supplement Her Expert Disclosure, Instanter #39 is GRANTED. Pursuant to Local Rule 7.1(B), because no response was timely filed, the Court presumes there is no opposition and may rule without further notice. The Court grants Plaintiff leave to supplement her expert's opinion with Exhibit A [39-1] (JMB) [Transferred from Illinois Central on 3/24/2022.]
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 7/12/21. The Joint Motion to Amend/Correct Expert Discovery Schedule #40 is GRANTED. The following deadlines are set: Defendant shall make experts available for deposition by 7/9/21, Plaintiff shall disclose rebuttal witness opinions by 8/9/21, Plaintiff shall make rebuttal witnesses available for deposition by 9/10/21, discovery closes 9/10/21, case dispositive motions due 10/8/21. The Final Pretrial Conference and Jury Trial dates remain as scheduled. (TC) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 40 Joint MOTION to Amend/Correct Expert Discovery Schedule by Plaintiff Sabrina Gates. Responses due by 7/26/2021 (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 39 MOTION to Supplement Plaintiff's Expert Disclosure, Instanter by Plaintiff Sabrina Gates. Responses due by 7/15/2021 (Attachments: #1 Exhibit Exh. A - Proposed Supplemental Disclosure)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Minute Entry for proceedings held 6/29/21 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by Dennis DeCaro. Appearance on behalf of defendant by Mary Volk. Status hearing held by telephone. Status of the case/discovery discussed. Parties agreed to modified discovery schedule in light of the Amended Complaint #38 . Parties to submit proposed amended schedule. (Tape #UR-B 9:49 AM.) (SKR) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 38 FIRST AMENDED COMPLAINT against Coles County Mental Health Association Inc, Jennifer West, filed by Sabrina Gates. (Attachments: #1 Attorney Affidavit, #2 Exhibit) (TC) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/28/21. Plaintiff's Motion for Leave to File Amended Complaint #37 is GRANTED. The Court directs the Clerk to file Plaintiff's Amended Complaint [37-1] instanter. (TC) [Transferred from Illinois Central on 3/24/2022.]
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 6/28/21. At the request of the parties, a Status Conference is set for 6/29/2021 at 9:45 AM via telephone before Magistrate Judge Eric I. Long. The call-in number is 571-353-2300, then enter 068715238#. If the prior conference has not finished, please mute your line while you wait for your case to be called. ((SKR) Modified on 6/28/2021 to add call in information (SKR). [Transferred from Illinois Central on 3/24/2022.]
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| Filing 37 MOTION to Amend/Correct Plaintiff's Complaint (unopposed) by Plaintiff Sabrina Gates. Responses due by 7/7/2021 (Attachments: #1 Exhibit Exhibit 1 - Proposed Amended Complaint)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 5/20/21. The court adopts the deadlines in the Parties' Agreed Report of Rule 26(f) Planning Meeting #36 . The following deadlines are set: Defendant shall make experts available for deposition by 6/30/21, Plaintiffs deadline to disclose rebuttal experts and provide expert reports is 7/30/21, Plaintiff shall make rebuttal experts available for deposition by 8/30/21, discovery closes 8/30/21, case dispositive motions due 9/30/21. Final Pretrial Conference set for 2/7/22 at 11:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. Jury Trial set for 2/22/22 at 9:00 AM, before Judge Colin S. Bruce, Courtroom A, Urbana. (SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 36 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Sabrina Gates. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Minute entry for proceedings held 5/12/21 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Dennis DeCaro. Appearance on behalf of defendants by Mary Volk. Status hearing held by telephone. Status of the case discussed. Parties should file a proposed amended schedule by 5/19/21. ( Other Deadline set for 5/19/2021) (Tape #UR-B 11:10 AM.) (SKR) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 5/11/21. At the request of the parties, a telephone status conference is set for 5/12/21 at 11:00 AM before Magistrate Judge Eric I. Long. The call-in number is 571-353-2300, then enter 068715238#. If the prior conference has not finished, please mute your line while you wait for your case to be called. (SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Minute entry for proceedings held 3/15/21 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiffs by Dennis DeCaro. Appearance on behalf of defendants by Mary Volk. Status hearing held by telephone. Status of the case/discovery discussed. Option for mediation discussed. (Tape #UR-B 11:16 AM.) (DS) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 3/10/21. The parties should call into the Status Conference set for 3/15/21 at 11:15 AM. The call-in number is 571-353-2300, then enter 068715238#. If the prior conference has not finished, please mute your line while you wait for your case to be called. (SKR) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 35 CERTIFICATE of Service re: defendants' Rule 26(a)(2)(B) disclosures. (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Minute entry for proceedings held 1/22/21 before Magistrate Judge Eric I. Long. Appearance on behalf of Plaintiff by Dennis DeCaro. Appearance on behalf of defendants by Mary Volk. Status hearing held by telephone. Status of the case/discovery discussed. Defendants expert discovery deadline extended to 3/8/21. Option for mediation discussed. Further status hearing set for 3/15/21 at 11:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long.(Tape #UR-B 10:05 AM.) (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 34 CERTIFICATE of Service of Plaintiff's Rule 26(a)(2)(B) Disclosure. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 9/14/20. Status Conference set for 1/22/2021 at 10:00 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 9/9/20. The parties' Agreed Motion to Extend Discovery Dates and the Trial Date #33 is granted. The following deadlines are set: fact witness depositions due by 9/30/20; Plaintiff shall disclose expert witnesses and reports by 11/30/20; Defendant shall notice and take any of Plaintiff's expert witness depositions by 1/15/21; Defendant shall disclose expert witnesses and reports by 3/1/21; Plaintiff shall notice and take any of Defendant's expert witness depositions by 4/15/21;Plaintiff shall disclose any rebuttal expert witnesses and reports by 5/17/21; Defendant shall notice and take any of the Plaintiff's rebuttal witnesses depositions by 6/18/21; dispositive motions due by 7/19/21. Final Pretrial Conference set for 11/22/21 at 10:30 AM, by personal appearance in Courtroom A in Urbana before Judge Colin Stirling Bruce. Jury Selection/Jury Trial set for 12/7/21 at 9:00 AM, in Courtroom A in Urbana before Judge Colin Stirling Bruce. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 33 Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Sabrina Gates. Responses due by 9/22/2020 (Attachments: #1 Text of Proposed Order Proposed Order)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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Filing 32
ORDER Entered by Magistrate Judge Eric I. Long on 9/2/20 granting Motion to Compel #31 . SEE WRITTEN ORDER. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/18/2020. Plaintiff's Motion for Extension of Time and Motion to Compel #31 is GRANTED in part. Plaintiff's deadline to file a proposed schedule is extended to 9/8/20. The Court will rule on the Motion to Compel after the response date has passed. (Other Deadline set for 9/8/2020)(DS, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 31 Emergency MOTION to Compel and Extend time for Plaintiff's Counsel to Submit Amended Scheduling Order by Plaintiff Sabrina Gates. Responses due by 8/31/2020 (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Minute Entry for proceedings held 8/3/20 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Dennis DeCaro. Appearance on behalf of defendant by Mary Volk. Status Conference held by telephone. Status of discovery discussed. Plaintiff to file proposed amended scheduled as agreed to by the parties. ( Other Deadline set for 8/17/2020.) (Tape #UR-B 10:22 am.) (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 5/8/20. Plaintiff's Joint Motion to Amend Discovery Schedule #30 is GRANTED. The following deadlines are set: Fact witness depositions shall be taken by 8/17/20; Plaintiff shall disclose expert witnesses and reports by 10/12/20; Defendants shall notice and take any of Plaintiff' expert witness depositions by 11/20/20; Defendants shall disclose expert witnesses and reports by 12/31/20; Plaintiff shall notice and take any of Defendants' expert witness depositions 2/8/21; Plaintiff shall disclose any rebuttal expert witnesses and reports by 3/8/21; Defendants shall notice and take any of the Plaintiff's rebuttal expert witness deposition by 4/16/21; dispositive motions due 5/17/21. Final Pretrial Conference set for 10/1/21 at 1:30 PM by personal appearance in Courtroom A in Urbana before Judge Colin Stirling Bruce. Jury Selection/Jury Trial set for 10/19/21 at 9:00 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 30 Joint MOTION to Amend/Correct the Current Discovery Order by Plaintiff Sabrina Gates. Responses due by 5/21/2020 (Attachments: #1 Text of Proposed Order)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 29 Response by Coles County Mental Health Association Inc, Jennifer West re #26 Certificate of Service/Counsel . (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/17/2020. Defendants' Response to Plaintiff's Request to Admit #28 is STRICKEN. The Court reminds Defendants that pursuant to CDIL-LR 26.3(A), discovery disclosures are NOT filed with the court. Parties should file only a certificate of service. (DS, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 28 ***STRICKEN***Response by Coles County Mental Health Association Inc, Jennifer West re #26 Certificate of Service/Counsel . (Volk, Mary) Modified on 3/17/2020 to show stricken pursuant to the text order entered 3/17/20 (DS, ilcd). [Transferred from Illinois Central on 3/24/2022.] |
| Minute Entry for proceedings held 2/24/2020 before Magistrate Judge Eric I. Long. Appearance for the Plaintiff by Dennis DeCaro. Appearance for the Defendant by Mary Volk. Status Conference held. Status of case and discovery discussed. Amended Pleadings deadline is extended to 5/15/2020. Further Status Conference set for 8/3/2020 at 10:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 10:12 AM.) (DS, ilcd) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 27 CERTIFICATE of Service/Counsel of Plaintiff's First Supplemental Interrogatories to Defendant Life Links by Dennis J DeCaro on behalf of Sabrina Gates (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 26 CERTIFICATE of Service/Counsel of Plaintiff's Rule 36 Request to Admit to Defendant Life Links by Dennis J DeCaro on behalf of Sabrina Gates (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 1/29/20. The Court adopts the deadlines in the Parties' Amended Report of Planning Meeting #25 . The following deadlines are set: written fact discovery has been exchanged; written fact discovery shall be completed by 1/28/20; fact witness depositions shall be taken by 4/17/20; Plaintiff shall disclose expert witnesses and reports by 6/12/20; Defendants shall notice and take any of Plaintiff's expert witness depositions by 7/31/20; Defendants shall disclose expert witnesses and reports by 9/11/20; Plaintiff shall notice and take any of Defendants' expert witness depositions by 10/30/20; Plaintiff shall disclose any rebuttal expert witnesses and reports by 11/30/20; Defendants shall notice and take any of the Plaintiff's rebuttal expert witness deposition by 12/31/20; dispositive motions due by 1/29/21. Final Pretrial Conference set for 6/14/21 at 10:30 AM by personal appearance in Courtroom A in Urbana before Judge Colin Stirling Bruce. Jury Selection/Jury Trial set for 7/13/21 at 9:00 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 25 REPORT of Rule 26(f) Planning Meeting by Sabrina Gates. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Minute Entry for proceedings held 1/14/20 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Dennis DeCaro. Appearance on behalf of defendants by Mary Volk. Telephone Status Conference held. Status of the case and discovery deadlines discussed. Parties to submit proposed amended schedule by 1/28/20. Status hearing on 2/24/20 remains set. ( Miscellaneous Deadline 1/28/2020). (Tape #UR-B 10:28 AM.) (SKR, ilcd) Modified on 1/14/2020 to correct future hearing date. (SKR, ilcd). [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 1/10/2020. A Status Conference is set for 1/14/2020 at 10:30 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (JMB, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 24 CERTIFICATE of Service re: defendants' answers to plaintiff's discovery. (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 23 CERTIFICATE of Service of Plaintiff's Answers and Responses to Defendants' Written Discovery. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Minute Entry for proceedings held 9/11/19 before Magistrate Judge Eric I. Long. Appearance on behalf of plaintiff by Denis DeCaro. Appearance on behalf of defendant by Mary Volk. Telephone Status Conference held. Status of the case discussed. Status Conference set for 2/24/2020 at 10:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long. (Tape #UR-B 11:09 AM.) (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 9/11/19. Defendants' Motion for Extension of Time #22 is GRANTED. The deadline for written discovery is 10/3/19. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 22 MOTION for Extension of Time to Complete Discovery (Written) by Defendants Coles County Mental Health Association Inc, Jennifer West. Responses due by 9/24/2019 (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 21 NOTICE of Filing re #20 Answer to Amended Complaint, #19 Answer to Amended Complaint (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 20 Defendant's ANSWER to #6 Amended Complaint and Affirmative Defenses by Coles County Mental Health Association Inc.(Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 19 Defendant's ANSWER to #6 Amended Complaint and Affirmative Defenses by Jennifer West.(Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 9/4/19. Due to a conflict in the Court's calendar, the Status Conference set for 9/9/19 is RESCHEDULED to 9/11/19 at 11:15 AM. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 8/14/19. Defendants' Motion to Dismiss #15 is DENIED. The court finds, out of an abundance of caution and based on the this matter being at the pleading stage, that Plaintiff has stated a claim that contains "enough facts to state a claim to relief that is plausible on its face." See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007). The court makes no determination on the merits of Defendants' arguments, and all of Defendants' arguments may be reraised at a later stage in the proceedings where the record can be more fully developed "and when the applicable procedural rules permit a more fulsome and searching analysis." See Access 4 All, Inc. v. Chicago Grande, Inc., 2007 WL 1438167, at *1 (N.D. Ill. May 10, 2007). (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 18 CERTIFICATE of Service/Counsel filing Plaintiff's Propounding Interrogatories and Production Request upon Defendants West and Life Links by Dennis J DeCaro on behalf of Sabrina Gates (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 17 MEMORANDUM in Opposition re #15 MOTION to Dismiss filed by Plaintiff Sabrina Gates. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 7/30/19. Plaintiff's Motion for Default and Sanctions #13 is DENIED. The deadline to issue written discovery is 8/13/19. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 16 RESPONSE to Motion re #13 MOTION for Default Judgment and/or Sanctions filed by Defendants Coles County Mental Health Association Inc, Jennifer West. (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 15 MOTION to Dismiss by Defendants Coles County Mental Health Association Inc, Jennifer West. Responses due by 8/9/2019 (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER Entered by Magistrate Judge Eric I. Long on 7/19/19. Plaintiff's Motion for Extension of Time #14 is GRANTED. Plaintiff's deadline to issue written discovery is extended until once the Court has ruled upon the Pending Motion for Default Judgment #13 . (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 14 MOTION for Extension of Time to Complete Discovery by Plaintiff Sabrina Gates. Responses due by 8/1/2019 (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 13 MOTION for Default Judgment and/or Sanctions by Plaintiff Sabrina Gates. Responses due by 7/29/2019 (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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Filing 12
HIPAA QUALIFIED PROTECTIVE ORDER entered by Magistrate Judge Eric I. Long on 6/18/19. See written Order. (TC, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/18/19. Plaintiff's Motion for Qualified Protective Order Pursuant to HIPPA #11 is GRANTED. (TC, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 11 MOTION for Protective Order by Plaintiff Sabrina Gates. Responses due by 7/1/2019 (Attachments: #1 Text of Proposed Order)(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 10 Minute Entry for proceedings held 6/3/19 before Magistrate Judge Eric I. Long. Appearance for Plaintiff by Dennis J. DeCaro. Appearance for Defendant by Mary Volk. Rule 16 conference held by telephone. Responsive Pleading to the Amended Complaint is due by 6/10/2019. Plan approved; dates set. The Court adopts by reference any limitations in the Rule 26 plan. Consent to magistrate judge discussed (form attached). ADR options offered, including court-hosted settlement conference. The following discovery deadlines are set: Initial disclosure due by: 7/12/2019. Plaintiff's Amended pleadings and joinder of parties due by: 1/17/2019. Defendant's Amended pleadings and joinder of parties due by: 2/14/2020. Written fact discovery shall be issued by 7/19/19. Written fact discovery due by: 9/13/2019. Fact witness depositions shall be taken by 12/31/19. Defendant's Joinder of parties due by: 2/14/2020. Plaintiff's expert disclosure and expert reports due by: 3/6/2020. Plaintiff shall make experts available for deposition by: 4/10/2020. Defendant's expert disclosure and expert reports due by: 5/15/2020. Defendant shall make experts available for deposition by: 6/19/2020. Plaintiff shall disclose rebuttal expert witnesses/reports by: 7/24/2020. Defendants shall notice and take any of plaintiffs rebuttal expert witness depositions by 8/28/20. Discovery, including deposition of experts, due by: 12/30/2020. Case dispositive motions due by: 11/30/2020. Status Conference set for 9/9/2019 at 10:15 AM by telephone from Urbana (court will place call) before Magistrate Judge Eric I. Long to discuss possible court hosted mediation or summary trial. Final Pretrial Conference set for 4/5/2021 at 10:30 AM by personal appearance in Courtroom A in Urbana before Judge Colin Stirling Bruce. Jury Selection/Jury Trial set for 4/20/2021 at 9:00 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. Trial estimated 5 days. (Tape #UR-B 10:33 AM.) (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.] |
| Set/Reset Answer Deadlines: All Defendants due 6/10/19. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.] |
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/23/19. This Court has reviewed the parties' Report of Rule 26(f) Planning Meeting #9 and pursuant to the Order #8 scheduling this matter for a Rule 16 hearing conference by personal appearance on 6/3/19 at 10:30 AM, the matter is hereby converted from personal appearance to telephone conference on the same date at the same time. The Court will initiate the call. (KM, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 9 REPORT of Rule 26(f) Planning Meeting by Sabrina Gates. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
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Filing 8
ORDER Entered by Magistrate Judge Eric I. Long on 5/8/19. Rule 16 Scheduling Conference set for 6/3/2019 at 10:30 AM in Courtroom B in Urbana before Magistrate Judge Eric I. Long. SEE WRITTEN ORDER. (SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.]
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| Filing 7 NOTICE of Appearance of Attorney by Mary Kathleen Volk on behalf of All Defendants (Volk, Mary) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 6 AMENDED COMPLAINT pursuant to F.R.C.P. 15 (a)(1)(A) against All Defendants, filed by Sabrina Gates.(DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 5 WAIVER OF SERVICE Returned Executed by Sabrina Gates. Jennifer West waiver sent on 3/8/2019, answer due 5/7/2019. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 4 WAIVER OF SERVICE Returned Executed by Sabrina Gates. Coles County Mental Health Association waiver sent on 3/8/2019, answer due 5/7/2019. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 3 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Sarah Gracey, Agent of LifeLinks on 03/08/2019. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 2 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Jennifer West on 03/08/2019. (DeCaro, Dennis) [Transferred from Illinois Central on 3/24/2022.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400. Receipt 0753-3054916) filed by Sabrina Gates. (Attachments: #1 Civil Cover Sheet)(SKR, ilcd) [Transferred from Illinois Central on 3/24/2022.] |
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