Nichols v. Wexford Health Sources, Inc. et al
| Demetrius H. Nichols |
| Wexford Health Sources Inc, Dr. Garcia, K Osmundon, Dr. Ritz, Mohammed Z Siddique, John/Jane Doe 1, RN Chadderton, L Gregson, John/Jane Doe 2, M. Moldenhauer, T Rable, E Young, M Zimm, Y Bishop, T English, John/Jane Doe 3 and John/Jane Doe 4 |
| Jeffrey J. Neslund and Michael D. Robbins |
| 3:2024cv00796 |
| March 18, 2024 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on May 16, 2024. A more recent docket listing may be available from PACER.
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Filing 68
PROTECTIVE ORDER: Defendants' Motion for Entry of HIPAA Qualified Protective Order (Doc. #65 ) is GRANTED. Signed by Judge Staci M. Yandle on 5/16/2024. (mah)
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| Filing 67 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #66 Motion for Protective Order filed by Wexford Health Sources Inc. Per telephone call from attorney's office, document is a proposed order and was filed in error. Entry stricken, motion terminated. No further action requried.(jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 66 ENTRY STRICKEN - MOTION for Protective Order Proposed HIPAA Qualified Protective Order by Wexford Health Sources Inc. (Kinkade, Jaclyn) Modified on 5/15/2024 (jaj). |
| Filing 65 MOTION for Protective Order Entry of HIPAA Qualified Protective Order by Wexford Health Sources Inc. (Kinkade, Jaclyn) |
| Filing 64 RESPONSE TO ORDER TO SHOW CAUSE by Michael D. Robbins. (Robbins, Michael) |
| Filing 63 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #60 Response to Order to Show Cause filed by Jeffrey J. Neslund. Login information used and signature on document do not match. Document shall be re-filed using the appropriate credentials. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 62 NOTICE of Appearance by Alison J. Matusofsky on behalf of Wexford Health Sources Inc (Matusofsky, Alison) |
| Filing 61 MOTION for Leave to File First Amended Complaint at Law by Demetrius H. Nichols. (Attachments: #1 Exhibit A)(Neslund, Jeffrey) |
| Filing 60 STRICKEN RESPONSE TO ORDER TO SHOW CAUSE by Jeffrey J. Neslund. (Neslund, Jeffrey) |
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Filing 59
ORDER SETTING SCHEDULING CONFERENCE: A Telephonic Scheduling Conference is SET for 6/21/2024, at 9:30 a.m. before Judge Staci M. Yandle. Instructions for joining the conference call are as follows: All parties should call toll free 877-873-8017 and enter the access code 4354777. The parties shall submit a Joint Report of the Parties and Proposed Scheduling and Discovery Order at least seven (7) days prior to the conference call by email to SMYpd@ilsd.uscourts.gov. Signed by Judge Staci M. Yandle on 5/3/2024. (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 58 CJRA TRACK C assigned: Final Pretrial Conference set for 9/25/2025 at 9:30 AM and Jury Trial set for 10/6/2025 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle. (slh) |
| Filing 57 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #56 CJRA Track. Document will be refiled. (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 56 STRICKEN - CJRA TRACK C assigned: Final Pretrial Conference set for 9/25/2025 at 9:30 AM and Jury Trial set for 10/6/2025 at 9:00 AM in Benton Courthouse before Judge Staci M. Yandle. (slh) (slh). Modified on 5/3/2024 (slh). |
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Filing 55
ORDER REFERRING CASE TO MEDIATION. Signed by Judge Staci M. Yandle on 5/3/2024. (slh)
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Filing 54
ORDER VACATING HEARING. The May 2, 2024, Telephonic Status Conference is VACATED. Signed by Judge Staci M. Yandle on 5/1/2024. (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 53
ORDER TO SHOW CAUSE: Plaintiff is ORDERED to SHOW CAUSE on or before May 15, 2024, why the unserved defendants should not be dismissed from this case for failure to serve them in accordance with Rule 4(m). Signed by Judge Staci M. Yandle on 5/1/2024. (beb)
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| Filing 52 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (aca)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 51 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Neslund, Jeffrey) |
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Filing 50
ORDER This matter is set for a Telephonic Status Conference on May 2, 2024, at 9:30 AM. The instructions for joining the conference call are as follows: All parties should call toll free 877-873-8017 and enter the access code 4354777. Signed by Judge Staci M. Yandle on 4/18/2024. (slh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 49 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kinkade, Jaclyn) |
| Filing 48 NOTICE of Appearance by Michael David Robbins on behalf of All Plaintiffs (Robbins, Michael) |
| Filing 47 NOTICE FROM CLERK Instructing Demetrius H. Nichols and Wexford Heath Sources Inc. 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 Demetrius H. Nichols and Wexford Heath Sources Inc. on 4/10/2024. Consent due by 5/1/2024 (aca) |
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Filing 46
ORDER Granting #45 MOTION to Appear Pro Hac Vice by Attorney Michael David Robbins on behalf of plaintiff Demetrius H. Nichols on 4/10/2024. (aca)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 4/10/2024 (aca).
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| Filing 45 MOTION to Appear Pro Hac Vice by Attorney Michael David Robbins $200 fee paid,receipt number AILSDC-5360877 by on behalf of All Plaintiffs. (Attachments: #1 Notice of Filing)(Robbins, Michael) |
| Filing 44 NOTICE of Appearance by Jeffrey J. Neslund on behalf of All Plaintiffs (Neslund, Jeffrey) |
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Filing 43
ORDER granting #42 Motion to Appear Pro Hac Vice for Attorney Jeffrey J. Neslund on behalf of Demetrius H. Nichols on 4/5/2024. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 42 MOTION to Appear Pro Hac Vice by Attorney Jeffrey J. Neslund $200 fee paid,receipt number AILSDC-5357862 by on behalf of All Plaintiffs. (Attachments: #1 Notice of Filing)(Neslund, Jeffrey) |
| Filing 41 Letter to Attorney Robbins regarding admission to SDIL. (aca) |
| Filing 40 Letter to Attorney Neslund regarding admission to SDIL. (aca) |
| Filing 39 NOTICE of Appearance by Timothy P. Dugan on behalf of Wexford Health Sources Inc (Dugan, Timothy) |
| Filing 38 NOTICE of Appearance by Jaclyn A. Kinkade on behalf of Wexford Health Sources Inc (Kinkade, Jaclyn) |
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Filing 37
ORDER: This civil rights action was transferred to this Court from the Northern District of Illinois (Case No. 23-cv-428, N.D. Ill.) and the stay on merits discovery was lifted on March 4, 2024 (Doc. #33 ). Plaintiff Diane Jones, the Administrator of the Estate of Demetrius H. Nichols, alleges that Nichols was denied medical care for his serious medical conditions while incarcerated at Menard and Illinois River Correctional Centers, and that Defendants' deliberate indifference to his condition caused Nichols' death at Menard (See Docs. #1 , #8 ). Because Nichols was deceased at the time this suit was filed and Plaintiff has paid the filing fee in full, no merits review under 28 U.S.C. 1915A is required. Plaintiff is responsible for effecting service on the Defendants. Only Defendant Wexford Health Sources, Inc., has been served and has answered the Complaint (Docs. #8 , #11 ). It appears that none of the individual Defendants have been served within the time limit set forth in Fed. R. Civ. P. 4(m) and several of them have not been identified by name. Accordingly, this matter will be set for a telephonic status conference by separate order to determine a schedule for this case to proceed. Signed by Judge Staci M. Yandle on 3/25/2024. (beb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 36 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-00428. Original file certified copy of transfer order and docket sheet received. |
| Filing 35 TRANSFERRED to the Southern Illinois the electronic record. (nsf, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 34 MINUTE entry before the Honorable Sunil R. Harjani: In light of the transfer of venue to the Southern District of Illinois #33 , status hearing previously set for 3/8/2024 is stricken. All matters relating to the referral are concluded, and the referral is now closed. Mailed notice (lxs, ) [Transferred from Illinois Northern on 3/18/2024.] |
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Filing 33
ORDER: Telephonic ruling on defendant's motion to transfer venue #14 held on 3/4/24. Defendant Wexford's motion to transfer to the United States District Court for the Southern District of Illinois under 28 U.S.C. 1404(a) #14 is granted. The Clerk of Court is directed to transfer this case to the Southern District of Illinois under 1404(a). Plaintiff's oral motion to lift the stay on discovery is granted. The parties are granted leave to proceed with discovery. Signed by the Honorable Martha M. Pacold on 3/4/2024. Mailed notice (nsf, ) [Transferred from Illinois Northern on 3/18/2024.]
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| Filing 32 MINUTE entry before the Honorable Martha M. Pacold: Telephonic ruling on defendant's motion to transfer venue #14 is set for 3/4/2024 at 10:30 a.m. The court will rule on the basis of the parties' filings; no argument is necessary. If there are any developments in the status of the case that the court should be aware of prior to ruling (e.g., settlement; not supplemental briefing on the parties' arguments, which have already been addressed in the briefing on the motion), the parties are directed to file a notice with the court at least 24 hours before the hearing. Dial toll-free call-in number: 888-684-8852; followed by the conference access code: 9482028#. 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 deemed necessary by the court. (rao, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 31 NOTICE by Michael David Robbins of Change of Address (Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 30 NOTICE by Michael David Robbins of Change of Address (Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 29 NOTICE by Jeffrey J. Neslund of Change of Address (Neslund, Jeffrey) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 28 MINUTE entry before the Honorable Sunil R. Harjani: Status Hearing set for 1/24/2024 is stricken and reset to 3/28/2024 at 9:15 a.m. by telephone. By 3/21/2024 the parties should file a Joint Status Report with an update on the case. The Court has reviewed the latest Joint Status Report #27 . The motion to transfer is fully briefed, and the Court will not set additional deadlines until it is resolved. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 172 628 1276#. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 27 STATUS Report Amended Joint by Demetrius H. Nichols Presented before Magistrate Judge (Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 26 STATUS Report Joint by Demetrius H. Nichols Presented before Magistrate Judge (Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 25 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 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 24 MINUTE entry before the Honorable Sunil R. Harjani: Status Hearing set for 11/21/2023 is stricken and reset to 1/24/2024 at 9:15 a.m. by telephone. By 1/17/2024 the parties should file a Joint Status Report with an update on the case. The Court has reviewed the latest Joint Status Report #23 . The motion to transfer is fully briefed, and the Court will await a ruling before setting any further dates. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 978 352 73. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 23 STATUS Report (Joint) by Demetrius H. Nichols Presented before Magistrate Judge (Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 22 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 8/22/2023 is stricken and reset to 11/21/2023 at 9:15 a.m. by telephone. By 11/14/2023 the parties should file a Joint Status Report with an update on the case. The Court has reviewed the latest Joint Status Report #21 . The motion to transfer is fully briefed before the district judge. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 978 352 73. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 21 STATUS Report (Joint) by Demetrius H. Nichols Presented before Magistrate Judge (Attachments: #1 Notice of Filing)(Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 20 REPLY by Wexford Health Sources, Inc. to Response #19 Reply in Support of Defendant's Motion to Transfer Venue (Lombardo, Joseph) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 19 RESPONSE by Plaintiff Demetrius H. Nichols to motion to transfer case,, #14 (Attachments: #1 Exhibit A, #2 Notice of Filing)(Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 18 MINUTE entry before the Honorable Martha M. Pacold: The court has reviewed the joint status report #16 . Plaintiff's response to defendant's motion to transfer venue #14 is due by 6/5/2023. Defendant Wexford Health Sources Inc.'s reply is due by 6/19/2023. (rao, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 17 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 5/23/23 is stricken and reset to 8/22/23 at 9:15 a.m. by telephone. By 8/16/23, parties shall file a joint status report with an update on the case. Per the status report #16 , the parties are in agreement that discovery should be stayed until resolution of the motion to transfer the case #14 . The Court will not enter any further discovery deadlines until the motion to transfer, which is opposed, has been resolved. Mailed notice (lxs, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 16 STATUS Report by Wexford Health Sources, Inc. Presented before Presiding Judge (Lombardo, Joseph) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 15 MINUTE entry before the Honorable Martha M. Pacold: Defendant Wexford Health Sources, Inc.'s motion to transfer and to stay discovery, #14 , does not indicate whether it is opposed or unopposed. Defendant is directed to review this court's instructions for motions practice found here https://www.ilnd.uscourts.gov/judge-info.aspx?tdDC7jWNEcPS6Px28PZuWg==#:~:text=Judge% 20Pacold's%20Motion%20Procedures&text=Motions%20shall%20be% 20filed%20on,%40ilnd.uscourts.gov and, by 5/23/2023, submit a statement on the docket indicating whether the motion is opposed or unopposed and proposing a briefing schedule if it is opposed. (rao, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 14 MOTION by Defendant Wexford Health Sources, Inc. to transfer case and to stay merits discovery Presented before Presiding Judge (Attachments: #1 Exhibit Complaint at Law, #2 Exhibit Dr. Norfleet's web page, #3 Exhibit 3/28/23 Correspondence, #4 Exhibit 5/12/23 correspondence, #5 Exhibit Declaration of Tonya English, #6 Exhibit Declaration of Dr. Siddiqui, #7 Exhibit Declaration of Mary Zimmer, #8 Exhibit Declaration of Michael Moldenhauer)(Lombardo, Joseph) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 13 MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 5/23/2023 at 9:15 a.m. by telephone. Rule 26(f) report with proposed discovery schedule due 5/19/2023. Members of the public and media will be able to call in to listen to this hearing but will be placed on mute. The call-in number is (855) 244-8681 and the access code is 978 352 73. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Mailed notice (lxs, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 12 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sunil R. Harjani for the purpose of holding proceedings related to: discovery supervision and scheduling, to set a deadline to file amended pleadings, to set a dispositive motions schedule, and for settlement. (rao, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 11 ANSWER to Complaint with Jury Demand by Wexford Health Sources, Inc.(Lombardo, Joseph) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 10 MINUTE entry before the Honorable Martha M. Pacold: Defendant Wexford Health Sources, Inc.'s unopposed motion for extension of time to file responsive pleadings #9 is granted. Wexford Health Sources, Inc.'s responsive pleading is due by 4/28/2023. (rao, ) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 9 MOTION by Defendant Wexford Health Sources, Inc. for extension of time to file responsive pleadings (Unopposed) (Lombardo, Joseph) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 8 STATUS Report (Joint) by Demetrius H. Nichols (Attachments: #1 Notice of Filing)(Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 7 MINUTE entry before the Honorable Martha M. Pacold: The parties are directed to file an initial joint status report by 4/13/2023. (Attachments: #1 Outline for the Initial Joint Status Report) (rao,) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 6 ATTORNEY Appearance for Defendant Wexford Health Sources, Inc. by Joseph Jack Lombardo (Lombardo, Joseph) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 5 ATTORNEY Appearance for Defendant Wexford Health Sources, Inc. by Matthew H Weller (Weller, Matthew) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Demetrius H. Nichols deceased by and through Diane Jones his sister and next best friend and Administrator of the Estate of Demetrius H. Nichols by Jeffrey J. Neslund (Neslund, Jeffrey) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Demetrius H. Nichols deceased by and through Diane Jones his sister and next best friend and Administrator of the Estate of Demetrius H. Nichols by Michael David Robbins (Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 2 CIVIL Cover Sheet (Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| Filing 1 COMPLAINT filed by Demetrius H. Nichols deceased by and through Diane Jones his sister and next best friend and Administrator of the Estate of Demetrius H. Nichols; jury demand. Filing fee $ 402, receipt number AILNDC-20270078.(Robbins, Michael) [Transferred from Illinois Northern on 3/18/2024.] |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Sunil R. Harjani. Case assignment: Random assignment. (kra, ) [Transferred from Illinois Northern on 3/18/2024.] |
| 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. (kra, ) [Transferred from Illinois Northern on 3/18/2024.] |
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