U.S. District Courts - Illinois ©   Coverage   Help   Search Westlaw   Topic: AllAntitrust & Trade RegulationBankruptcyCivil RightsCommercial Law & ContractsCriminal JusticeEducationEnergyEnvironmental LawFamily LawFinance & BankingFirst AmendmentGovernment BenefitsHealth & MedicineImmigrationInsuranceIntellectual PropertyInternational LawLabor & EmploymentLegal EthicsMilitary LawPension & Retirement BenefitsProducts LiabilitySecurities & Blue Sky LawTaxationTransportation Jacob KRIPPELZ, Sr., Plaintiff, v. FORD MOTOR COMPANY, Defendant. , N.D.Ill., November 18, 2009 AMENDED MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. INTRODUCTION The issue of willful infringement is, by agreement, to be tried before me in one or two phases. First, I must find whether there is willful infringement. Second, if and only if, I find willful infringement, I must go on to consider what damages should be awarded to Plaintiff. My decision as to liability for willful infringement follows. II. FINDINGS OF FACT AND OBSERVATIONS UPON THE FACTS [FN1] FN1. The fa... OFFICE FURNISHINGS, LTD. and Brathan Property, LLC, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant. , N.D.Ill., November 18, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. BACKGROUND At the time this suit was filed, Plaintiff Office Furnishings, LTD. ("OFL") was a wholesaler of office furniture located in Bellwood, Illinois, in a building owned by Brathan Property, LLC ("Brathan"). OFL leased the entire structure from Brathan. Ray Meyers was the president and sole shareholder of OFL, and the managing partner of Brathan. In September 2002, OFL was in the market for a new insurance policy after b... Joseph JASPER, Plaintiff, v. SAINT ANTHONY HOSPITAL, Defendant. , N.D.Ill., November 18, 2009 MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. In response to this Court's brief October 23, 2009 memorandum order ("Order"), Saint Anthony Hospital ("Hospital"), has filed its Answer and Affirmative Defenses ("ADs") to the Complaint brought against it by sole remaining plaintiff Joseph Jasper ("Jasper"). This memorandum order is issued sua sponte to address some problematic aspects of that responsive pleading. To begin with, Answer ¶ 1 and AD 5 are wrong in characterizing Jasp... SUN LIFE ASSURANCE COMPANY OF CANADA, Plaintiff/Stakeholder, v. Cynethia L. DENT, Cynthia Kye and Cynethia Kye, Defendants/Claimants. , S.D.Ill., November 18, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on the motion of defendant Cynethia L. Dent to dismiss this case pursuant to Federal Rule of Civil Procedure 12(b)(1) for lack of subject matter jurisdiction (Doc. 8). Plaintiff Sun Life Assurance Company of Canada ("Sun Life") has responded to the motion (Doc. 12). This is an interpleader action in which Sun Life asks the Court to decide which defendant or defendants are entitled to $28,000 in life in... Jacob KRIPPELZ, Sr., Plaintiff, v. FORD MOTOR COMPANY, Defendant. , N.D.Ill., November 18, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. INTRODUCTION The Jury awarded Plaintiff Jacob Krippelz $23 million in royalties to compensate him for Defendant Ford's infringement of Krippelz's puddle lamp patent. Krippelz now moves for prejudgment interest and costs, as well as enhanced damages. For the following reasons, Krippelz's motions are granted in large part. II. DISCUSSION A. Prejudgment Interest and Costs The Supreme Court has held that under 35 U.S.C. § 284, "pr... Diane K. DOUGLAS, Plaintiff, v. WILMINGTON FINANCE, INC., et al., Defendants. , N.D.Ill., November 18, 2009 MEMORANDUM OPINION SAMUEL DER-YEGHIAYAN, District Judge. This matter is before the court on Defendant Wilmington Finance, Inc.'s (Wilmington) motion to dismiss and on Defendant Bank of America's (BOA) motion to dismiss. For the reasons stated below, we grant the motions to dismiss. BACKGROUND Plaintiff Diane K. Douglas (Douglas) entered into a consumer credit loan (Loan) with Wilmington in October 2006. In two mortgage transactions, Wilmington provided Douglas with $236,000 to refinance t... Thomas P. CLIFFORD, Plaintiff, v. PATTERSON COMPANIES, INC. and Patterson Medical Supply, Inc., Defendants. , N.D.Ill., November 18, 2009 OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. Thomas Clifford, a 64-year-old man, filed a three count complaint against defendants, Patterson Medical Supply, Inc. ("Patterson Medical") and Patterson Companies, Inc. ("Patterson Companies"), alleging age discrimination and retaliation in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., and retaliation in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-2 et... Joseph J. MEZYK, et al., Plaintiffs, v. U.S. BANK PENSION PLAN and U.S. Bancorp, Inc., Defendants. , S.D.Ill., November 18, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on the motion to dismiss or, in the alternative, to transfer venue pursuant to Federal Rule of Civil Procedure 12(b)(3) and (6) and 28 U.S.C. § 1406(a) filed by defendants U.S. Bank Pension Plan ("Plan") and U.S. Bancorp, Inc. (collectively, "U.S.Bank") (Doc. 14). The plaintiffs have responded to the motion (Doc. 18), and U.S. Bank has replied to that response (Doc. 20). The Court also considers U.S. Bank... Kenneth J. RICHARDET, et al., Plaintiffs, v. MURDALE TRUE VALUE, et al., Defendants. , S.D.Ill., November 18, 2009 ORDER PROUD, United States Magistrate Judge. The above-captioned action is before the Court post-trial for determination of costs. A jury found that the defendants, Murdale True Value and Kevin D. Harrison, were liable for injuries incurred by plaintiffs Kenneth J. Richardet, Leslie J. Richardet, Eugene B. Sturm and Virginia C. Sturm, and judgment was entered accordingly. (Docs. 83 and 87). Pursuant to Federal Rule of Civil Procedure 54(d), plaintiffs, as the prevailing parties, filed their B... UNITED STATES GYPSUM COMPANY, Plaintiff v. LAFARGE NORTH AMERICA INC., Lafarge S.A., David Downs, John D. Yockey, ED Green, William Hartford, Walter Weldon, Kurt F. Kurzshak, and Sidney Spear, Defendants. , N.D.Ill., November 17, 2009 MEMORANDUM OPINION AND ORDER REBECCA R. PALLMEYER, District Judge. In this lawsuit, pending since 2003, Plaintiff United States Gypsum Company ("USG") claims that Defendants Lafarge North America, Inc. ("Lafarge"), Lafarge's parent company, and several former USG employees now working for Lafarge, are guilty of infringing USG's patents and stealing confidential information relating to the manufacture of gypsum wallboard. The precise scope of the confidential information at issue in the case i... GROOT INDUSTRIES, INC., a Delaware corporation, Plaintiff, v. Robert CORDELL, an individual, and Robin Cordell, an individual, Defendants. , N.D.Ill., November 17, 2009 MEMORANDUM OPINION AND ORDER DAVID H. COAR, District Judge. Groot Industries has filed suit for conversion, alleging that Robert Cordell, a former employee, pocketed approximately $500,000 from cash transactions and cooked the company's books in an effort to cover his tracks. Groot also contends that Robin Cordell (Robert's wife) is jointly and severally liable as a cosignatory on the bank account into which the converted funds were deposited. Groot is a Delaware corporation with its principa... The MAJESTIC STAR CASINO, LLC, Plaintiff, v. TRUSTMARK INSURANCE COMPANY and RMTS, LLC, Defendants. , N.D.Ill., November 17, 2009 MEMORANDUM OPINION AND ORDER ROBERT W. GETTLEMAN, District Judge. Plaintiff Majestic Star Casino, LLC ("Majestic") filed a five-count amended complaint against defendants Trustmark Insurance Company ("Trustmark") and RMTS, LLC ("RMTS") alleging claims arising from a Trustmark policy for "stop loss" insurance for Majestic employee benefit plans. Trustmark subsequently filed a four-count counterclaim. The parties filed cross-motions for partial summary judgment, and on October 8, 2009, the cour... CYNTHIA L. BENNETT, Plaintiff, v. JOHN E. POTTER, Postmaster General of the U.S. Postal Service, Defendant. , N.D.Ill., November 17, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. STATEMENT OF FACTS Plaintiff Cynthia Bennett ("Bennett") is a white female employee who has been employed by Defendant United States Postal Service since 1987. In 2006, Bennett was employed as a maintenance support clerk. That October, Bennett's manager, Surjit Grewal ("Grewal"), a male Indian-American, was looking to temporarily fill ("detail") a maintenance mechanic position. Bennett never requested to be detailed into that pos... PRECISION BRAND PRODUCTS, INC., Plaintiff, v. DOWNERS GROVE SANITARY DISTRICT; Chase-Belmont Properties, LLC; American National Bank & Trust Co. of Chicago (n/k/a JPMorgan Chase Bank NA) as Trustee Under Trust No. 30797; Citizens National Bank of D, N.D.Ill., November 17, 2009 MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. This case was dismissed on August 20, 2009, after this Court found all pending claims to be barred by the doctrine of res judicata. (See Docket No. 61.) Plaintiff, Precision Brand Products, Inc. ("Precision"), now moves for leave to file its First Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a)(2) or, in the alternative, to alter or amend the Court's August 20, 2009 Memorandum Opinion and Order pursuant to Rule 5... Laura RAMIREZ, et al., Plaintiffs, v. CITY OF CHICAGO, et al., Defendants. , N.D.Ill., November 17, 2009 MEMORANDUM OPINION AND ORDER MILTON I. SHADUR, Senior District Judge. Although this long-pending case has produced two false starts in the parties' efforts to generate a joint final pretrial order ("FPTO") that will be suitable for entry as establishing the game plan for trial, the second of those submissions has resulted in the identification of a number of motions in limine and the exchange of memoranda regarding those motions. This memorandum opinion and order addresses the motions in anti... Raymond GROSS, an individual, and Paul Lucking, an individual, Plaintiffs, v. SECURITY ASSOCIATES INTERNATIONAL, INC., a Delaware corporation; Cordell Funding, LLLP, a Florida limited liability company; SA Systems, LLC, a Delaware limited liability, N.D.Ill., November 17, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. BACKGROUND Plaintiff employees allege the following counts against Defendant employer, asset purchasers, and individual investors: (1) breach of employment agreement; (2) violation of the Illinois Wage Payment and Collection Act; (3) fraud; (4) oppression; (5) alter ego; and (6) piercing the corporate veil. Defendants Security Associates International Inc., SA Systems, LLC, John Howe and Gary Frohman now move to dismiss certain o... TRUSTEES OF the AUTOMOBILE MECHANICS LOCAL NO. 701 PENSION AND WELFARE FUNDS, Plaintiff, v. UNION BANK OF CALIFORNIA, N.A., Defendant. , N.D.Ill., November 17, 2009 MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. This Court never ceases to be amazed at litigants' arguments that essentially say "Maybe we were guilty of a breach of our fiduciary obligations, but all liability caused (even in part) by that breach must be imposed on another party anyway." At the risk of being oversimplistic, this Court's view is that if more than one fiduciary breaches his, her or its duty to an employee benefit plan, then he, she or it should bear responsibility t... UNITED STATES of America, Plaintiff, v. Larry LOVETT, Defendant. , S.D.Ill., November 17, 2009 MEMORANDUM and ORDER HERNDON, Chief Judge. Pending before the Court is Lovett's motion for reconsideration (Doc. 188). Specifically, Lovett moves the Court to reconsider its Order denying his motion for nunc pro tunc extension of time to file notice of appeal. Based on the following, the Court denies the motion. On March 17, 2008, the grand jury returned a superseding indictment against Lovett and others containing charges of conspiracy and distribution of crack cocaine (Doc. 4). A year la... MORNINGWARE, INC., Plaintiff, v. HEARTHWARE HOME PRODUCTS, INC., Defendant. , N.D.Ill., November 16, 2009 MEMORANDUM OPINION AND ORDER AMY J. ST. EVE, District Judge. For the following reasons, the Court denies Defendant Hearthware Home Products, Inc.'s ("Hearthware") Motion to Dismiss for Failure to State a Claim ("Motion to Dismiss"). BACKGROUND Plaintiff Moringware, Inc. ("Morningware") filed its complaint against Hearthware on July 20, 2009 ("Complaint"). Plaintiff's Complaint alleges five causes of action: (i) unfair competition in violation of 15 U.S.C. § 1125(a); (ii) product disparageme... UNITED STATES GYPSUM COMPANY, Plaintiff v. LAFARGE NORTH AMERICA INC., Lafarge S.A., David Downs, John D. Yockey, ED Green, William Hartford, Walter Weldon, Kurt F. Kurzshak, and Sidney Spear, Defendants. , N.D.Ill., November 16, 2009 MEMORANDUM OPINION AND ORDER REBECCA R. PALLMEYER, District Judge. In this lawsuit, Plaintiff United States Gypsum Company ("USG") accuses Defendant Lafarge North America ("Lafarge") and several individual Defendants, all former USG employees now employed by Lafarge, of acquiring confidential USG proprietary information. In addition to its claims of patent infringement and misappropriation of trade secrets, USG seeks to recover on common law claims of misappropriation of information, conversi... MARC MAGHSOUDI ENTERPRISES, INC., d/b/a Gallerie One Distinctive Rugs, Plaintiff, v. TUFENKIAN IMPORT/EXPORT VENTURES, INC., Tufenkian Carpets Chicago, LLC, and Tufenkian Holdings, LLC., Defendants. , N.D.Ill., November 16, 2009 Arthur S. Gold, Gold & Coulson, Chicago, IL, for Plaintiff. Debra Jeannine Tucker, Kirstin Beth Ives, The Tucker Firm, LLC, Chicago, IL, for Defendants. MEMORANDUM OPINION AND ORDER JOAN B. GOTTSCHALL, District Judge. Defendants Tufenkian Import/Export Ventures, Inc., ("Tufenkian N .Y."), Tufenkian Carpets Chicago, LLC ("Tufenkian Chicago"), and Tufenkian Holdings, LLC ("Tufenkian LLC"), move to dismiss a Third Amended Complaint (the "Complaint") brought by Plaintiff Marc Maghsoudi Enter... Drue FERGUSON, Plaintiff, v. R. James NICHOLSON, Secretary, United States Department of Veterans Affairs, Defendant. , N.D.Ill., November 16, 2009 MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Drue Ferguson ("Plaintiff") brings this action to address alleged unlawful employment practices by the Secretary of the United States Department of Veterans Affairs, Eric Shinseki [FN1] ("Defendant"), in his official capacity. Plaintiff alleges race, gender and retaliatory discrimination in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq. (R. 1, Compl.) Presently before the Court is De... UNITED STATES of America ex rel. Kevin TUCKER, Petitioner, v. Donald GAETZ, [FN1] Warden, Menard Correctional Center, Respondent. FN1. The original respondent in this case was Don Hulick. As Donald Gaetz has replaced Hulick as the warden of , N.D.Ill., November 16, 2009 OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. Kevin Tucker ("Tucker"), who is currently incarcerated at Menard Correctional Center, has filed a pro se petition for writ of habeas corpus based on alleged violations of his rights under the Fourth, Sixth, and Fourteenth Amendments. Tucker asserts four grounds for relief: (1) trial court error in denying Tucker's motion to suppress evidence obtained during an allegedly illegal search, (2) trial court error in denying Tucker's motion to ... Michael Steven BANKS, Plaintiff, v. CITY OF CHICAGO, et al., Defendants. , N.D.Ill., November 16, 2009 MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. This Court has just learned, as a result of its periodic updating of a printout of motions pending in cases assigned to its calendar, that Michael Steven Banks ("Banks") has taken an appeal from this Court's dismissal of Banks' pro se lawsuit and, in conjunction with that appeal, has moved for leave to proceed on appeal in forma pauperis. [FN1] This memorandum order hastens to address Banks' previously-unknown request. FN1. Bec... Jeffrey ORR, et al., Plaintiffs, v. Willard O. ELYEA, Michael Puisis, and Wexford Corp., Defendants. , C.D.Ill., November 16, 2009 H. Kent Heller, Heller Holmes & Associates PC, Mattoon, IL, for Plaintiffs. Andrew M. Ramage, Russell L. Reed, Hinshaw & Culbertson, James A. Borland, Quinn Johnston Henderson & Pretorius, Theresa M. Powell, Gary S Schwab, Heyl Royster Voelker & Allen, Springfield, IL, for Defendants. OPINION MICHAEL P. McCUSKEY, Chief District Judge. On April 5, 2009, Plaintiffs filed an Amended Motion to Certify Class (# 47). Defendant Wexford Corporation filed its Response (# 61) on May 1, 2009. Defe... Donald J. TOMPKINS, Plaintiff, v. CENTRAL LABORERS' PENSION FUND, Defendant. , C.D.Ill., November 16, 2009 Gery R. Gasick, Gery R. Gasick Law Firm, Peoria, IL, for Plaintiff. Patrick J. O'Hara, John T. Long, Cavanagh & O'Hara, Springfield, IL, for Defendant. ORDER & OPINION JOE BILLY McDADE, District Judge. Before the Court is Magistrate Judge Cudmore's Report and Recommendation ("R & R") (Doc. 12) addressing Defendant's Motion to Dismiss (Doc. 8). The R & R recommends denial of the Motion to Dismiss. Defendant has filed Objections (Doc. 13) to the R & R and Plaintiffs have responded to these... UNITED STATES of America, Plaintiff, v. Marcus TYMS, Defendant. , N.D.Ill., November 16, 2009 MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. This Court's September 25, 2009 memorandum order denied the motion by Marcus Tyms ("Tyms")--briefly described there, in what must be viewed as a substantial understatement, as "a quite appalling young man--to reconsider its earlier denial of Tyms' self-prepared 28 U.S.C. 2255 [FN1] motion. Now, well over a month later, Tyms has delivered two new self-prepared documents November 5 and received in the Clerk's Office on November 13: ... Jeffrey ORR, et al., Plaintiffs, v. Willard O. ELYEA, Michael Puisis, and Wexford Corp., Defendants. , C.D.Ill., November 16, 2009 H. Kent Heller, Heller Holmes & Associates PC, Mattoon, IL, for Plaintiffs. Andrew M. Ramage, Russell L. Reed, Hinshaw & Culbertson, James A. Borland , Quinn Johnston Henderson & Pretorius, Theresa M. Powell, Gary S. Schwab, Heyl Royster Voelker & Allen, Springfield, IL, for Defendants. OPINION MICHAEL P. McCUSKEY, Chief Judge. On April 5, 2009, Plaintiffs filed an Amended Motion for Permanent Injunction (# 49). Defendant Wexford Corporation filed its Response (# 60) on May 1, 2009. De... Matthew B. YANCICK, Plaintiff, v. HANNA STEEL CORPORATION, Defendant. , C.D.Ill., November 16, 2009 Richard L. Steagall, Nicoara & Steagall, Peoria, IL, for Plaintiff. James B. Sherman, Wessels Pautsch & Sherman PC, Minneapolis, MN, Joseph H. Laverty, Wessels & Pautsch PC, Davenport, IA, for Defendant. MEMORANDUM OPINION JOE BILLY McDADE, District Judge. On October 22, 2009, this Court generously granted Plaintiff's motion for a continuance pursuant to Rule 56(f) of the Federal Rules of Civil Procedure, directing Plaintiff to file his response to Defendant's motion for summary judgment... Karen ROBINSON, Plaintiff, v. McNEIL CONSUMER HEALTHCARE, a Division of McNeil-PPC, Inc., and Johnson & Johnson, Defendants. , N.D.Ill., November 16, 2009 MEMORANDUM OPINION AND ORDER JAMES F. HOLDERMAN, Chief Judge. After a six-day jury trial in this pharmaceutical product liability case, the jury reached a verdict, finding for plaintiff Karen Robinson on her negligence claim against defendant McNeil Consumer Healthcare ("McNeil") but not on her identical claim against defendant Johnson & Johnson (collectively "Defendants"). The jury also found that Robinson was contributorily negligent and that her negligence proximately caused her injuries. ... Baldy PRINCETON, Plaintiff, v. LOWE'S HOMES CENTERS, INC., Defendant. , N.D.Ill., November 16, 2009 MEMORANDUM, OPINION AND ORDER WAYNE R. ANDERSEN, District Judge. This case is before the court on the motion of defendant Lowe's Home Centers, Inc. ("Lowe's") to dismiss plaintiff Baldy Princeton's ("Princeton") amended complaint. For the reasons set forth below, Lowe's motion to dismiss [25] is granted. BACKGROUND On January 16, 2009, Princeton filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission ("EEOC") alleging discrimination on the basis of race and na... Dominic SABBIA, Sr., Plaintiff, v. COMMISSIONER OF the SOCIAL SECURITY ADMINISTRATION, et al., Defendants. , N.D.Ill., November 16, 2009 Dominic Sabbia, Sr., Chicago, IL, pro se. Dominic Sabbia, Jr., Chicago, IL, pro se. Nicole Sabbia, Chicago, IL, pro se. Ann L. Wallace, AUSA-SSA, United States Attorney's Office, Chicago, IL, for Defendants. MEMORANDUM OPINION AND ORDER ELAINE E. BUCKLO, District Judge. On May 11, 2009, plaintiff Dominic Sabbia, Sr. ("Sabbia") brought this suit pro se against the Commissioner ("the Commissioner") of the Social Security Administration ("SSA"), seeking review of the Commissioner's pa... Noel PADILLA, et al., Plaintiffs, v. CITY OF CHICAGO, et al., Defendants. , N.D.Ill., November 16, 2009 Christopher Rudolf Smith, Amanda C. Antholt, James M. Baranyk, Smith, Johnson & Antholt LLC, Craig Benson Futterman, Mandel Legal Aid Clinic, Chicago, IL, for Plaintiffs. Penelope Moutoussamy George, Geri Lynn Yanow, Tiffany Yvette Harris, City of Chicago, Department of Law, Terrence Michael Burns, Daniel Matthew Noland, Harry N. Arger, Molly E. Thompson, Paul A. Michalik, Dykema Gossett Rooks Pitts PLLC, Phillip John Oliver, Law Office of Robert D. Kuzas, Jonathan Clark Green, Chicago Corpor... UNITED STATES of America, Plaintiff, v. Singletary V. JOHNSON, Defendant. , S.D.Ill., November 15, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court on the motion to receive prior jail credits brought by Defendant Singletary V. Johnson, who is proceeding pro se (Doc. 34). The procedural history of this case relevant to the instant motion is as follows. On August 27, 2008, Johnson was arrested by police in Murphysboro, Illinois, for driving on a revoked license. In the course of the traffic stop, Johnson was found to be in possession of a handgun. At the time of h... Eric WILL, et al., on behalf of the General Dynamics Corporation Hourly Savings and Stock Investment Plan, the General Dynamics Corporation Savings and Stock Investment Plan, and on behalf of all others similarly situated, Plaintiffs, v. GENERAL DY, S.D.Ill., November 14, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. I. INTRODUCTION This case, which is a putative class action brought pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. , is before the Court on the motion to dismiss brought by Defendant Piper Jaffray Companies ("Piper Jaffray") (Doc. 223). According to the allegations of the operative complaint in this case (Doc. 193), Plaintiff Eric Will is a participant in the General Dynamics Corporation Hour... Louis E. DeROSE, JR., Plaintiff, v. The OFFICE OF THE STATE'S ATTORNEY OF COOK COUNTY, an agency of the State of Illinois, Defendant. , N.D.Ill., November 13, 2009 MEMORANDUM OPINION AND ORDER WILLIAM J. HIBBLER, District Judge. Plaintiff DeRose, a former Cook County Assistant State's Attorney ("ASA"), brings this action against the Office of the State's Attorney of Cook County ("OSA"), alleging that the OSA discriminated against him on the basis of age in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 626, when it fired him in February 2007. The OSA moves to dismiss his claim pursuant to Rule 12(b)(6) of the Federal Rules ... PEOPLE OF the State of ILLINOIS, ex rel KGB, INC., an Illinois corporation, and Michael J. Bozan, as relators and in their own capacities, Plaintiffs, v. Kristina BREED-GAMBINO, Nicholas Jovanes, Jovanes Enterprises, Inc ., Jovanes Asset Management, N.D.Ill., November 13, 2009 MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, District Judge. Michael Bozan has sued Nicholas Jovanes, Cindi Jovanes, and Jovanes Asset Management, along with other defendants. Bozan asserts five claims against the Jovanes defendants. Counts 4 and 5 are state law claims against Nicholas Jovanes and (as to Count 4) Jovanes Asset Management for rescission and conspiracy to defraud. Counts 9 and 10 are claims against Nicholas Jovanes under the Racketeer Influenced and Corrupt Organizations A... Seth A. COX, Petitioner, v. UNITED STATES of America, Respondent. , C.D.Ill., November 13, 2009 Seth Aaron Cox, Greenville, IL, pro se. Sara L. Darrow, U.S. Atty., Rock Island, IL, for Respondent. ORDER MICHAEL M. MIHM, District Judge. Before the Court is Petitioner Seth A. Cox's ("Cox") Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. For the reasons set forth below, Cox's Motion [# 1] is DENIED. BACKGROUND On October 5, 2006, a jury in this Court convicted Cox of conspiracy to manufacture, distribute and possess with intent to distribute methamphet... FLAGSTAR BANK, FSB, Plaintiff, v. FREESTAR BANK, N.A., Defendant. , C.D.Ill., November 13, 2009 ORDER MICHAEL M. MIHM, District Judge. This matter is now before the court on cross Motions for Summary Judgment as well as two Daubert Motions to Strike expert testimony. For the reasons set forth below, Plaintiff's Motion for Partial Summary Judgment on the "Likelihood of Confusion" Question [# 38] is DENIED. Defendant's Motion to Strike the Expert Report of Edward Lee Lamoureux [# 49] is GRANTED. The Court finds Plaintiff's Motion to Exclude the Expert Testimony of Ronald R. Butters, PhD [... Jay FITZGERALD, Plaintiff, v. Brian WILLOTT, Kevin Rosenbohm, and AVB Partners, LLC., Defendants. , C.D.Ill., November 13, 2009 Brian J. Meginnes, Janaki Hannah Nair, Elias Meginnes Riffle & Seghetti, Peoria, IL, for Plaintiff. William C. Dunning, Guilfoil Petzall & Shoemake LLC, St. Louis, MO, for Defendants. ORDER MICHAEL M. MIHM, District Judge. This matter is now before the Court on a Motion to Dismiss by Defendants AVB Partners, LLC, and Kevin Rosenbohm. For the reasons set forth below, the Motion to Dismiss [# 25] is DENIED. JURISDICTION The Court has jurisdiction over this matter pursuant to 28 U.S.C. § ... Constance M. GRIFFITH, Jennifer S. Brown, and Teresa M. Cummings, Plaintiffs, v. John T. PEPMEYER, personally; John T. Pepmeyer, not personally, but in his official capacity as State's Attorney of Knox County, Illinois; Knox County, Illinois, a mun, C.D.Ill., November 13, 2009 Anthony W. Vaupel, Barry M. Barash, Grant Robert Gulovsen, Robyn J. Mallon, Barash & Everett LLC, Galesburg, IL, for Plaintiffs. Elizabeth A. Knight, Matthew S. Clark, Michael J. Atkus, Knight Hoppe Kurnik & Knight LTD, Rosemont, IL, Sarah R. Kerley, Amy Petry Romano, Joanna Belle Gunderson, Illinois Attorney General, Springfield, IL, for Defendants. OPINION BYRON G. CUDMORE, United States Magistrate Judge. Plaintiffs pursue claims based on Defendant Pepmeyer's alleged sexual harassment ... Louis JAMES, Petitioner, v. UNITED STATES of America, Respondent. , C.D.Ill., November 13, 2009 OPINION MICHAEL P. McCUSKEY, Chief Judge. On November 12, 2009, this court received a document entitled "Motion to Vacate Unconstitutional Conviction" from Petitioner, Louis James. Petitioner included the case number of his criminal case, 04-20025, on the document. In that case, Petitioner was sentenced on February 9, 2005, to a term of 360 months in the Federal Bureau of Prisons. [FN1] Petitioner argued that his conviction must be vacated because of unconstitutional acts on the part of the G... Eltayeb ABUELYAMAN, Plaintiff, v. ILLINOIS STATE UNIVERSITY, Defendant. , C.D.Ill., November 13, 2009 Rima N. Kapitan, Amal Law Group LLC, Palos Heights, IL, for Plaintiff. Sarah R. Kerley, Illinois Attorney General, Scott Byron Sievers, Office of the Attorney General, Springfield, IL, for Defendant. ORDER MICHAEL M. MIHM, District Judge. Now before the Court is Defendant Illinois State University's ("ISU") Motion for Summary Judgment. For the reasons set forth below, ISU's motion for summary judgment on Plaintiff's discrimination claim is GRANTED and its motion for summary judgment on P... ULTRAVIOLET DEVICES, INC., Plaintiff, v. Ken KUBITZ, John Konieczka, and Green Ladder Technologies, L.L.C., Defendants. , N.D.Ill., November 13, 2009 Lawrence Andrew Brehm, Michael F. Braun, Schuyler, Roche & Crisham, Chicago, IL, for Plaintiff. David Thomas Beech Audley, Joseph Patrick Lombardo, Chapman & Cutler, Chicago, IL, for Defendants. MEMORANDUM OPINION AND ORDER VIRGIMA M. KENDALL, District Judge. Plaintiff Ultraviolet Devices, Inc. ("UVDI") filed suit against Defendants Ken Kubitz ("Kubitz"), John Konieczka ("Konieczka") and Green Ladder Technologies ("Green Ladder"). On September 14, 2009, Plaintiffs moved for a temporary r... Gul-E-Rana MIRZA, Plaintiff, v. THE NEIMAN MARCUS GROUP, INC., Defendant. , N.D.Ill., November 13, 2009 David G. Rosenbaum, John Peter Paredes, Paul J. Lee, Rosenbaum and Associates, P.C., Northbrook, IL, for Plaintiff. Carl K. Turpin, Kevin Thomas Lee, Martin Peter Greene, Greene & Letts, Chicago, IL, Courtney A. Hasselberg, Michael L. Blumenthal, Seyferth Blumenthal & Harris Llc, Kansas City, MO, for Defendant. MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Before the Court is Defendant's motion for reconsideration ("Def.Mot.") [59] of the Court's May 6, 2009, Memorand... BANK OF MONTREAL, as Administrative Agent, Plaintiff, v. SK FOODS, LLC, a Nevada Limited Liability Company, Defendants. , N.D.Ill., November 13, 2009 MEMORANDUM OPINION & ORDER JOAN B. GOTTSCHALL, District Judge. Bank of Montreal brought this action as agent for several lenders, seeking to collect on over $190 million in sums borrowed by SK Foods, L.P. and RHM Industrial/Specialty Foods, Inc. (collectively, the "Borrowers"), neither of which is a party to this case. Rather, Bank of Montreal seeks to collect from SK Foods, LLC (the "Guarantor"), which guaranteed the debt incurred by the Borrowers. Presently before the court are Bank of Mont... Carrie HOLZGRAFE, Plaintiff, v. HINSDALE BANK & TRUST COMPANY, an Illinois Corporation, and Wintrust Financial Corporation, an Illinois Corporation, Defendants. , N.D.Ill., November 13, 2009 MEMORANDUM OPINION AND ORDER DAVID H. COAR, District Judge. Carrie Holzgrafe has filed suit under 28 U.S.C. § 1983, alleging that Hinsbrook Bank & Trust violated her constitutional right to parent. She also alleges wrongful interference with the family relationship and negligence under Illinois common law. Defendants are the successors in interest to Hinsbrook Bank & Trust ("the bank"), and they have moved to dismiss Holzgrafe's amended complaint for failure to state a claim. For the reasons ... Michael McGOWAN, Plaintiff, v. Donald HULICK, et al., Defendants. , S.D.Ill., November 13, 2009 MEMORANDUM AND ORDER HERNDON, Chief Judge. Before the Court is Plaintiff's motion for relief from judgment (Doc. 15), filed pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. However, prior to filing this motion, Plaintiff filed a notice of appeal (Doc. 8). Plaintiff's filing of a notice of appeal has transferred jurisdiction over this matter to the United States Court of Appeals, Seventh Circuit. "[A] federal district court and a federal court of appeals should not attempt to... Brian K. THOMSON, Plaintiff, v. Odie WASHINGTON, et al., Defendants. , S.D.Ill., November 13, 2009 ORDER PROUD, United States Magistrate Judge. Plaintiff Brian K. Thomson is before the Court seeking to have the appellate filing fee paid relative to his 2004 appeal applied to his current appeal. (Doc. 99). Plaintiff contends this Court incorrectly failed to refund that fee when plaintiff's initial appeal was successful. The Court construes the subject motion as including a request for reconsideration of the previous order denying plaintiff leave to file a bill of costs out of time. (Doc. 24... Jeannine ARPIN, as Administrator of the Estate of Ronald Arpin, Deceased, Plaintiff, v. The UNITED STATES of America, St. Louis University, a not-for-profit corporation, Defendant. , S.D.Ill., November 13, 2009 MEMORANDUM AND ORDER HERNDON, Chief Judge. I. Introduction and Background This matter comes before the Court on remand from the Seventh Circuit in order to redetermine the loss of consortium damages awarded by this Court. See Arpin v. United States, 521 F.3d 769, 776 (7th Cir.2008). On November 11, 2006, this Court found Defendants United States of America and St. Louis University joint and severally liable on Plaintiff's wrongful death claim for the death of the decedent Ronald Arpin. This Co... Lisa WILLYARD, individually and Tony Willyard, minor child by and through his Next Friend, Lisa Willyard, Plaintiffs, v. WAL-MART STORES, INC., Defendant. Wal-Mart Stores, Inc., Third-Party Plaintiff, v. Dynacraft Bsc, Inc., Third-Party Defendan, S.D.Ill., November 13, 2009 MEMORANDUM & ORDER HERNDON, Chief Judge. I. Introduction On April 15, 2009, defendant Wal-Mart Stores, Inc. ("Wal-Mart"), removed this case from state court, pursuant to 28 U.S.C. § 1441, on the basis of diversity jurisdiction (Doc. 2). Over three months later, plaintiffs Lisa Willyard and Tony Willyard filed a Motion to Remand (Doc. 31), to which Wal- Mart has filed an opposing Response (Doc. 36). In addition, third-party defendant Dynacraft BSC, Inc. ("Dynacraft") has filed an opposing Respo... MACY'S, INC., and Bloomingdale's, Inc., Plaintiffs, v. JOHNSON CONTROLS WORLD SERVICES, INC., Defendant. , N.D.Ill., November 12, 2009 MEMORANDUM OPINION & ORDER JOAN B. GOTTSCHALL, District Judge. This case arises from a flood that occurred on March 11, 2003 at the department store of plaintiff Bloomingdale's, Inc. located at 900 North Michigan Avenue in Chicago (the "store"). A five-day bench trial was held in May and October 2008. Prior to trial, M.J. Clark, Inc., previously a defendant in this action, settled with Bloomingdale's and plaintiff Macy's, Inc. (collectively, "Bloomingdale's"). After the first four days of tri... UNITED STATES of America, Plaintiff, v. Arturo RAMIREZ, Jr., Defendant. , C.D.Ill., November 12, 2009 Timothy A. Bass, U.S. Atty., Urbana, IL, for Plaintiff. Douglas John Beevers, Federal Public Defender, Springfield, IL, for Defendant. OPINION JEANNE E. SCOTT, District Judge. This matter is before the Court on the Report and Recommendation (R & R) (d/e 91) by Magistrate Judge Byron G. Cudmore regarding Defendant Arturo Ramirez, Jr.'s pro se Motion to Withdraw Guilty Plea and Request for Suppression Re-Hearing (Motion) (d/e 88). The R & R recommends that the Court deny the Motion without... Anthony L. FLETCHER, Petitioner, v. Guy D. PIERCE, Warden, Respondent. , C.D.Ill., November 12, 2009 Anthony L. Fletcher, Pontiac, IL, pro se. ORDER MICHAEL M. MIHM, District Judge. This matter is before the Court on Petitioner, Anthony Fletcher's ("Fletcher"), Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus, Motion for Direct Ruling on Petition, and Motions for Docket Entry and Hearing Schedule. For the reasons set forth below, the Petition [# 1] is DISMISSED WITHOUT PREJUDICE as premature, and all other pending motions [# 3, # 4, and # 5] are MOOT. Factual Background Fletche... CHICAGO JOE'S TEA ROOM LLC and Pervis Conway, Plaintiffs, v. The VILLAGE OF BROADVIEW, Henry Vicenick, Fitzgerald Mullins, James Johnson, Jr., Robert Payne, Michael Tyl, John Ferguson, Sam D'Anza, Beverly Keehm, Judy Abraham, Billy Davis, Juanita H, N.D.Ill., November 12, 2009 MEMORANDUM OPINION & ORDER JOAN B. GOTTSCHALL, District Judge. Plaintiffs Chicago Joe's Tea Room LLC and Pervis Conway brought a civil action under 42 U.S.C. § 1983 (collectively "Chicago Joe's") against Defendants Village of Broadview (the "Village") and the individual members of the Village of Broadview Board of Trustees (Henry Vicenik, Robert Payne, Michael Tyl, John Ferguson, Sam D'Anza, Beverly Keehm, Judy Abraham, Billy Davis, Juanita Hinton Johnson, Minnie Reese, Ray Donato, Fitzgerald... Lisa WILLIAMSON, Plaintiff, v. Mark CURRAN, et al., Defendants. , N.D.Ill., November 12, 2009 MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. On July 14, 2007, Plaintiff, Lisa Williamson, and her husband, Lance Williamson, were arrested by officers of the Sheriff of Lake County for the alleged theft of a horse. After a favorable resolution of her criminal trial, Plaintiff brought this suit against Defendants Detective Ted Sittig, Deputy Anthony Fanella and Sheriff Mark Curran. Plaintiff also brought suit against Defendants Marta Schroeder, the owner of the horse; Christin... SIERRA CLUB, Plaintiff, v. FRANKLIN COUNTY POWER OF ILLINOIS, LLC f/k/a EnviroPower of Illinois, LLC; EnviroPower, LLC; and Khanjee Holding (US) Inc., Defendants. , S.D.Ill., November 12, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on plaintiff Sierra Club's Motion for the Imposition of a Fine and for an Award of Attorneys' Fees and Costs (Doc. 148). Defendants Franklin County Power of Illinois, LLC ("FCP"), EnviroPower, LLC ("EnviroPower") and Khanjee Holding (US) Inc. ("Khanjee") have responded to the motion (Doc. 149), and the plaintiff has replied to that response (Doc. 155). The Sierra Club asks for the imposition of a fine ... Ronald D. GRANGER, Plaintiff, v. Dr. Francis KAYIRA, et al., Defendants. , N.D.Ill., November 12, 2009 MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. This case arises out of a two-count second amended complaint filed by Plaintiff Ronald D. Granger against Defendants Dr. Francis Kayira, Dr. Morufu Alausa, Dr. David McFadden, Travis M. Rauch, Gregory Lipe, Leanna Williams, Steven Bryant, and a "Mr. McCluskey." Count I alleges a claim under 42 U.S.C. § 1983 for violation of Plaintiff's Eighth Amendment rights resulting from the doctor Defendants' deliberate indifference to Plain... Susan BALL and Jan Witteried, Administrators of the Estate of Donald Hedstrom, Plaintiffs, v. Cherie KOTTER, the Kotter Family Trust, and Hope Geldes, Defendants. , N.D.Ill., November 12, 2009 MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. On August 12, 2009, Magistrate Judge Valdez entered an order [72] granting in part and denying in part Plaintiffs' motion to compel production of documents and open expert discovery [68]. Magistrate Judge Valdez denied Plaintiffs' request that expert discovery be re-opened. With respect to Plaintiffs' request that Defendant Hope Geldes update her discovery responses and produce certain documents, Magistrate Judge Valdez ordered ... Aris SANTIAGO, Petitioner, v. UNITED STATES of America, Respondent. , N.D.Ill., November 12, 2009 OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. Aris Santiago ("Santiago"), who is currently incarcerated at the United States Penitentiary in Marion, Illinois, has filed a pro se petition under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. His claims are based on the alleged violation of his the Second and Sixth Amendment rights. Santiago asserts three grounds for relief: (1) his felon-in-possession conviction under 18 U.S.C. § 922(g) [FN1] violates his right to pos... MURDALE TRUE VALUE, and Kevin D. Harrison, Plaintiffs, v. Kenneth J. RICHARDET, Leslie J. Richardet, Eugene B. Sturm, Virginia C. Sturm, Brad Badgley, Rehab Missouri, LLC, Paul Oliver, Jean Oliver, and Geico, Defendants. , S.D.Ill., November 12, 2009 MEMORANDUM AND ORDER REAGAN, District Judge. Underlying this interpleader action is a March 13, 2009 judgment based on jury verdicts in a prior case--Richardet, et al. v. Murdale True Value, et al., Case No. 07-cv-0368. The above-captioned interpleader action names nine Defendants: (1-4) the four plaintiffs from the prior case ("the original plaintiffs") who hold a judgment for $113,000 via the jury verdicts in that lawsuit, (5) their lawyer, Brad L. Badgley, (6) Rehab Missouri LLC, (7) Paul ... Melanie D. JACKSON, etc., Plaintiff, v. SUBWAY # 25488, Defendant. , N.D.Ill., November 12, 2009 James X. Bormes, Law Office of James X. Bormes, Chicago, IL, for Plaintiff. Tom V. Mathai, Law Offices of Tom Mathai, Chicago, IL, for Defendant. MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. Some five months after the filing by Melanie Jackson ("Jackson") of this putative class action under the Fair and Accurate Credit Transactions Act ("Act"), and a bit less than five months after Jackson's counsel filed a motion for class certification, this Court has received the Judge's ... EXXONMOBIL OIL CORPORATION, Plaintiff, v. AMEX CONSTRUCTION CO., INC., Defendant/Third Party Plaintiff v. ISCO Industries, LLC., and Ambitech Engineering Corp., Third Party Defendants. , N.D.Ill., November 12, 2009 Franklin Patrick Andreano, Gary K. Davidson, Ohn Grover Foreman, Brumund, Jacobs, Hammel Davidson, Elizabeth Hoskins Dow, Bailey & Glasser LLP, Joliet, IL, for Plaintiff. Dennis John Cotter, David Andrew Johnson, Timothy Liam Epstein, Smith Amundsen, L.L.C., Chicago, IL, for Defendant/Third Party Plaintiff. David M. Holmes, John Charles Hunter, Dean M. Athans, Wilson, Elser, Moskowitz, Edelman & Dicker, Chicago, IL, for Third Party Defendants. MEMORANDUM OPINION AND ORDER VIRGINIA M. KEN... Michael FORTUNA, Plaintiff, v. ILLINOIS SPORTS Facilities Authority, Major League Baseball, Individually and d/b/a Chisox Corporation, SDI Security, Inc., Illinois Sportservice, Inc., at Your Service, Inc., and Stephen Morandi, Defendants. , N.D.Ill., November 12, 2009 John H. Scheid, Jr., Murphy & Hourihane L.L.C., Chicago, IL, for Plaintiff. Robert Thomas Shannon, Hinshaw & Culbertson LLP, James M. Dower, Jonathan P. Schaefer, Purcell & Wardrope, Chtd., Eugene Edward Murphy, Jr., John H. Scheid, Murphy & Hourihane L.L.C., Chicago, IL, for Defendants. MEMORANDUM OPINION AND ORDER RUBEN CASTILLO, District Judge. Plaintiff Michael Fortuna ("Fortuna") originally filed this negligence and dram shop action against Illinois Sports Facilities Authority, Maj... EMIGRANT MORTGAGE COMPANY, INC., Plaintiff, v. Patti A. RESA, et al., Defendants. , N.D.Ill., November 12, 2009 MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. Emigrant Mortgage Company, Inc. ("Emigrant") has just filed a Complaint To Foreclose Mortgage, seeking to invoke federal subject matter jurisdiction via diversity of citizenship. But because the Complaint fails in that regard (indeed, in more ways than one), this sua sponte memorandum order dismisses both the Complaint and this action for lack of such jurisdiction--albeit with the conditional possibility of its reinstatement. Emigra... Linda J. HUFFMAN, Plaintiff, v. MQ CONSTRUCTION COMPANY, and Michael A. Quaranta, individually and as agent for MQ Construction Company, Defendants. , N.D.Ill., November 12, 2009 MEMORANDUM OPINION CHARLES P. KOCORAS, District Judge. This matter comes before the Court on the motion of Defendants MQ Construction Company and Michael Quaranta ("Defendants") for partial summary judgment. For the reasons set forth below, Defendants' motion is denied. BACKGROUND Linda Huffman ("Huffman") first began working as a secretary for MQ Construction Company ("MQ") in February 1989. MQ is owned by Michael Quaranta ("Quaranta"), who served as secretary-treasurer and Huffman's direc... Nancy TARTT, Plaintiff, v. HURON CONSULTING GROUP, INC., Defendant. , N.D.Ill., November 12, 2009 MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. Huron Consulting Services LLC ("Huron," erroneously named Huron Consulting Group, Inc. in the Complaint by Nancy Tartt ("Tartt")) has filed its Answer and Affirmative Defenses ("ADs") to that Complaint. This memorandum order is issued sua sponte because of some problematic aspects of that responsive pleading. To begin with, Answer ¶ 1 follows an entirely appropriate disclaimer under Fed.R.Civ.P. ("Rule") 8(b)(5) by stating "and, acc... Franklin LOUFRANI, an individual, and the Smiley Company SPRL, a Belgian Company, Plaintiff, v. WAL-MART STORES, INC., Defendant. , N.D.Ill., November 12, 2009 MEMORANDUM OPINION AND ORDER VIRGINIA M. KENDALL, District Judge. Plaintiffs Franklin Loufrani and The Smiley Company SPRL (together "Smiley") filed suit against Defendant Wal-Mart Stores, Inc. ("Wal-Mart") seeking review of the Trademark Trial and Appeal Board's ("TTAB") final decision dismissing Smiley's opposition to Wal-Mart's trademark application. Wal-Mart subsequently filed a six-count Counterclaim. Pursuant to Fed.R.Civ.P. 12(b)(6), Smiley moves this court to dismiss Counts II throug... Donald M. WOODS, Petitioner, v. UNITED STATES of America, Respondent. , N.D.Ill., November 12, 2009 MEMORANDUM OPINION AND ORDER AMY J. ST. EVE, District Judge. Before the Court is pro se Petitioner Donald M. Woods' motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the following reasons, the Court denies Woods' Section 2255 motion. BACKGROUND On October 3, 2006, a grand jury returned an indictment charging Woods and his co-defendant Christian Noel with conspiracy to commit bank robbery in violation of 18 U.S.C. § 371 (Count 1) and with bank robbery in ... Bradley Keith BIGHAM, Petitioner/Defendant, v. UNITED STATES of America, Respondent/Plaintiff. , S.D.Ill., November 12, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court on Petitioner's motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255. BACKGROUND Petitioner pleaded guilty to conspiracy to distribute crack cocaine and was sentenced to 151 months imprisonment followed by 5 years of supervised release. See United States v. Bigham, Criminal Case No. 99-40033-02-GPM (S.D.Ill.). His sentence later was reduced to 80 months imprisonment. In 2008, the Go... Donnie D. WHITE, Plaintiff, v. Gregory LAMBERT, et al., Defendants. , S.D.Ill., November 12, 2009 MEMORANDUM AND ORDER HERNDON, Chief Judge. Plaintiff Donnie D. White filed this action against 51 employees at the Tamms Correctional Center, and several motions are currently pending. MOTION TO AMEND COMPLAINT (DOC. 15) In this motion, White seeks leave to file his first amended complaint, and he has submitted a copy of his proposed amended complaint. His amended complaint does not add new defendants, although it appears that he is correcting the names of two: Jan Miller to Jhan Millen... Abiodun SOWEMIMO, Plaintiff, v. Mack BADER, et al., Defendants. , S.D.Ill., November 12, 2009 ORDER PROUD, United States Magistrate Judge. Before the Court is plaintiff's motion to compel the defendants to produce his prison "masterfile," as well as his grievance, the grievance officer's final report and the disciplinary documentation concerning the incident underlying his claim, and the names of staff in the clinic at Lawrence Correctional Center during the period between July and November 2008. (Doc. 28). Plaintiff asserts that he made formal discovery requests that have been ignore... UNITED STATES of America, Plaintiff, v. David CONRAD, Defendant. , N.D.Ill., November 12, 2009 Matthew Michael Getter, AUSA, United States Attorney's Office, Chicago, IL, for Plaintiff. MEMORANDUM OPINION AND ORDER AMY J. ST. EVE, District Judge: Before the Court is Defendant David Conrad's Motion to Disregard Previously Suppressed Evidence Presented at Second Suppression Hearing and to Suppress Exhibit 80 ("Motion"). For the reasons below, the Court denies the Motion and finds that Exhibit 81 is the laptop computer subject to the Court's earlier suppression ruling. BACKGROUND On N... John TATE, Plaintiff, v. I.B.E.W.--N.E.C.A. TECHNICAL INSTITUTE, Defendant. , N.D.Ill., November 10, 2009 MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. This matter is before the Court upon the motion of Defendant I.B.E.W.- N.E.C.A. Technical Institute ("I.B.E.W.") to dismiss the claims of Plaintiff John Tate pursuant to Fed. R, Civ. P. 12(b)(6). For the reasons stated below, I.B.E.W.'s motion is granted. BACKGROUND Tate alleges that I.B.E.W. violated his rights under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981 when it denied an appeal of his dismissal from an a... Logan BERKOWITZ, Plaintiff, v. UNITED AIRLINES EMPLOYEE WELFARE BENEFIT PLAN, Defendant. , N.D.Ill., November 10, 2009 MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, District Judge. Plaintiff Logan Berkowitz has sued the United Airlines Employee Welfare Benefit Plan (the Plan) for wrongful denial of benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1132(a)(1)(B). The Plan has moved for summary judgment on Berkowitz's claim. For the following reasons, the Court grants the Plan's motion. Facts Because the Plan has moved for summary judgment, the Court views the facts i... AL GASIM OBIED IBRAHIM MOHAMMAD, Special Administrator of the Estate of Abdulrahim, deceased, et al., Plaintiffs, v. AIRBUS, S.A.S., a corporation, et al., Defendants. , N.D.Ill., November 10, 2009 OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. This is a tort case stemming from an airplane crash near Khartoum, Sudan. Plaintiffs include those injured in the crash ("Personal Injury Plaintiffs") and special administrators for those who perished in the crash ("Special Administrators") (collectively, "plaintiffs"). Defendants consist of various national and foreign corporations including Airbus S.A.S. ("Airbus"), United Technologies Corporation ("United Technologies"), Goodrich Corp... Andrew TERRELL, and George Terrell, Plaintiffs, v. Peter DIANGI, Silver Lake, Country Club, Inc., and Village of Orland Park, Defendants. , N.D.Ill., November 10, 2009 MEMORANDUM OPINION AND ORDER GEORGE M. MAROVICH, District Judge. After a dispute at a wedding reception, plaintiffs Andrew Terrell ("Andrew"), the groom, and George Terrell ("George"), the groom's brother, filed in the Circuit Court of Cook County a suit against defendants Peter Diangi ("Diangi"), Silver Lake Country Club, Inc. (the "Club") and the Village of Orland Park ("Orland Park"). Defendants removed the case to this court, because plaintiffs assert claims arising under 42 U.S.C. § 198... UNITED STATES of America, Plaintiff, v. Dimarcus Tarah TABB, Defendant. , S.D.Ill., November 10, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on defendant Dimarcus Tarah Tabb's motion to reconsider its October 16, 2009, order denying his second pro se motion for a reduction of his criminal sentence pursuant to 18 U.S.C. § 3582(c)(2) (Doc. 211). Tabb filed this motion within ten days of entry of the Court's order and seeks to correct what he believes is a manifest error of law in the Court's prior order. Thus, the Court construes the motion to b... Mikeal WOODEN-OUSLEY, Plaintiff, v. CITY OF CHICAGO, Chicago Police Detective Julie Mendez, P.O. Joseph Corona, P.O. Oscar Serrano, Defendants. , N.D.Ill., November 10, 2009 MEMORANDUM OPINION CHARLES P. KOCORAS, District Judge. This matter comes before the court on the motion of Defendants Julie Mendez and the City of Chicago for summary judgment on the complaint of Plaintiff Mikeal Wooden-Ousley ("Wooden"). For the reasons set forth below, the motion is granted. BACKGROUND On June 13, 2006, Wooden was arrested for carjacking a van driven by Jorge Palamino. The van that was involved in the carjacking was originally owned by Maria and David Gutierrez. Maria had... UNITED STATES of America, Plaintiff, v. Christopher E. WEBSTER, Defendant. , C.D.Ill., November 10, 2009 Ronda H. Coleman, U.S. Atty., Urbana, IL, for Plaintiff. Baku Patel, Doyle Lehman & Patel, Danville, IL, John C. Taylor, Federal Public Defender, Urbana, IL, for Defendant. OPINION MICHAEL P. McCUSKEY, Chief Judge. Defendant, Christopher E. Webster, was indicted on one count of possession of 50 or more grams of cocaine base (crack) with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and § 841(b)(1)(A) and one count of possession of 5 or more grams of crack with intent to dist... Roger Wade SPARKS, Plaintiff, v. CITY OF PEORIA, ILLINOIS, A Municipal Corporation, Defendant. , C.D.Ill., November 10, 2009 ORDER MICHAEL M. MIHM, District Judge. On May 8, 2009, Plaintiff Roger Sparks ("Sparks") filed a Complaint [# 1] against Defendant City of Peoria ("Defendant") and on July 13, 2009, Defendant filed a Motion to Dismiss [# 6]. On September 29, 2009, a Report & Recommendation [# 10] was filed by Magistrate Judge Byron G. Cudmore in the case. Defendant filed its objections to the Report & Recommendation [# 11] on October 12, 2009. See28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); Lockert v. Faulkner... John J. DRISCOLL, Plaintiff, v. BROWN & CROUPPEN, P.C., a foreign corporation, Laura Caimi, a natural person, Ronald A. Brown, a natural person, and Terry B. Crouppen, a natural person, Defendants. , S.D.Ill., November 10, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. I. INTRODUCTION This matter is before the Court on the motion for remand of this case to state court brought by Plaintiff John J. Driscoll (Doc. 7). Driscoll is an attorney who formerly worked for Defendant Brown & Crouppen, P.C. ("Brown & Crouppen"), a Missouri law firm. Defendant Laura Caimi is a paralegal employed by Brown & Crouppen. Defendant Ronald A. Brown is the vice president and treasurer of Brown & Crouppen, according to the online rec... DIAMOND ISLAND MARINA, INC., Plaintiff, v. GRABEL, SCHNIEDERS, HOLLMAN & CO., CPA, A Professional Corporation, Defendant. , S.D.Ill., November 10, 2009 MEMORANDUM and ORDER HERNDON, Chief Judge. I. Introduction and Background Now before the Court is Defendant's motion for summary judgment (Docs. 38, 39, 40 & 45). Naturally, Plaintiff opposes the motion (Doc. 43). Based on record, the applicable law and the following, the Court denies the motion. On February 12, 2008, Diamond Island Marina, Inc., filed a First Amended Complaint against Grabel, Schnieders, Hollman & Co., C.P.A., a professional corporation ("GSH"), alleging professional malpr... Clark ABBOTT, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , C.D.Ill., November 10, 2009 David Sutterfield, Sutterfield Law Offices, Effingham, IL, for Plaintiff. David H. Hoff, U.S. Atty., Urbana, IL, for Defendant. ORDER DAVID G. BERNTHAL, United States Magistrate Judge. In January 2008, Administrative Law Judge (hereinafter "ALJ") John Wood denied Plaintiff Clark Abbott's application for disability insurance benefits. ALJ Wood based his decision on a finding that Plaintiff was able to perform jobs that exist in significant numbers in the national economy. In August 200... TRUSTEES OF SHEET METAL WORKERS LOCAL NO. 1 WELFARE TRUST, Plaintiff, v. PEKIN CLIMATE CONTROL, LTD., an Illinois corporation, Kevin S. Brown, and James E. Brown, Defendants. , C.D.Ill., November 9, 2009 Thomas W. O'Neal, Westervelt Johnson Nicoll & Keller, Peoria, IL, for Plaintiff. Jason S. Bartell, Bartell & Barickman LLP, Champaign, IL, for Defendants. ORDER & OPINION JOE BILLY McDADE, District Judge. In a combined motion, Plaintiff, Trustees of Sheet Metal Workers Local No. 1 Welfare Trust, has asked the Court to take the following actions: reconsider the Court's Order of January 16, 2009, which granted Defendants' motion to dismiss; vacate the corresponding Judgment entered on Janu... UNITED STATES of America v. Jerrell BENFORD. , N.D.Ill., November 9, 2009 OPINION AND ORDER CHARLES R. NORGLE, District Judge. This case comes before the Court on limited remand from the United States Court of Appeals for the Seventh Circuit, which remanded the case for the Court to determine whether it wished to resentence the Defendant Jerrell Benford ("Benford"), a crack offender, in view of United States v. Kimbrough, 128 S.Ct. 558, 575-76 (2007). Prior to making this determination, however, the Seventh Circuit suggested that the Court allow Benford the opportu... Sandra K. ZIMNICKI, Plaintiff, v. NEO-NEON INTERNATIONAL, LTD., et al, Defendants. , N.D.Ill., November 9, 2009 OPINION AND ORDER CHARLES R. NORGLE, District Judge. Before the Court is Defendant Neo-Neon International, Ltd's ("Neo-Neon") Rule 12(c) motion for judgment on the pleadings with respect to Plaintiff Sandra Zimnicki's ("Zimnicki") unjust enrichment claim. For the following reasons, Neo-Neon's motion is denied. I. BACKGROUND [FN1] FN1. The following facts are taken from Zimnicki's fourth amended complaint. A. Facts Zimnicki designs decorative holiday lighting products. Since 1987, Zimnicki h... William Lynn CLAUSSEN, Plaintiff, v. Victor TRANSCOSO, et al., Defendants. , C.D.Ill., November 9, 2009 William Lynn Claussen, Carbondale, IL, pro se. MERIT REVIEW ORDER HAROLD A. BAKER, District Judge. This cause is before the court for merit review of the plaintiff's complaint. The court is required by 28 U.S.C. § 1915A to "screen" the plaintiff's complaint, and through such process to identify and dismiss any legally insufficient claim, or the entire action if warranted. A claim is legally insufficient if it "(1) is frivolous, malicious, or fails to state a claim upon which relief may ... Derrick S. SAMS, Petitioner, v. Lisa MADIGAN, Attorney General of the State of Illinois, Respondent. , C.D.Ill., November 9, 2009 Derrick Sams, Eureka, IL, pro se. OPINION JEANNE E. SCOTT, District Judge. This matter comes before the Court on Petitioner Derrick S. Sams' Petition under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (d/e 4) (Petition). In 2002, Sams was convicted following a jury trial in the Circuit Court of Livingston County, Illinois, of burglary and criminal damage to property. At the time of the offense, Sams was on parole for a 1996 burglary conviction in the State of Tenn... Jill L. NORTH, et al., individually and on behalf of other similarly situated individuals, Plaintiffs, v. BOARD OF TRUSTEES OF ILLINOIS STATE UNIVERSITY and C. Alvin Bowman, in his official capacity as President of Illinois State University, Defend, C.D.Ill., November 9, 2009 Thomas M. Benson, Rock Island, IL, for Plaintiffs. Amy D. Gerloff, Illinois Attorney General, Springfield, IL, for Defendants. ORDER & OPINION JOE BILLY McDADE, District Judge. This matter is before the Court on Plaintiff's Motion for Conditional Class Certification and Judicial Notice, filed on June 10, 2009. (Doc. 21). For the following reasons, the Motion is granted in part and denied in part. BACKGROUND I. Procedural History On August 21, 2007, Plaintiff, Jill L. North ("North")... Sindy KUBITSCHEK, as Administrator of the Estate of Edward W. Smith, III, deceased, Plaintiff, v. SHELTER MUTUAL INSURANCE COMPANY, Defendant. , S.D.Ill., November 9, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court sua sponte on the question of federal subject matter jurisdiction. See Kuntz v. Illinois Cent. R.R. Co., 469 F.Supp.2d 586, 588 (S.D.Ill.2007) (quoting Hay v. Indiana State Bd. of Tax Comm'rs, 312 F.3d 876, 879 (7th Cir.2002)) ("Jurisdiction is the ... power to declare law, ... and without it the federal courts cannot proceed. Accordingly, not only may the federal courts police subject matter jurisdiction sua sponte,... Lynn PROKOP, Plaintiff, v. STONEMOR PARTNERS LP, Jason Wilson, Defendants. , N.D.Ill., November 9, 2009 MEMORANDUM OPINION AND ORDER SUSAN E. COX, United States Magistrate Judge. Plaintiff Lynn Prokop has sued defendants StoneMor Partners LP ("StoneMor") and Jason Wilson, a StoneMor employee, for violations of Title VII of the Civil Rights Act of 1964, the Indiana Civil Rights Law, and Indiana common law. Plaintiff principally alleges that StoneMor sexually harassed her through its employee, Jason Wilson, while she was employed at StoneMor's cemetery in Indiana. Plaintiff further alleges that ... UNITED STATES of America, Plaintiff, v. Melvin JONES, Defendant. , N.D.Ill., November 9, 2009 MEMORANDUM OPINION AND ORDER SUZANNE B. CONLON, District Judge. Before the court is Melvin Jones' pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the following reasons, the motion is denied. BACKGROUND The following facts are drawn from the Seventh Circuit opinion affirming Jones' conviction. United States v. Jones, 314 Fed.Appx. 883, 2009 WL 706454 (7th Cir.2009). Jones, a former Dolton, Illinois police officer, was snared by an FBI sting targe... Cindy SPAIN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security Administration, Defendant. , C.D.Ill., November 9, 2009 Thomas M. Henry, Law Offices of Thomas M. Henry, Peoria, IL, for Plaintiff. Gerard A. Brost, U.S. Atty., Peoria, IL, for Defendant. ORDER MICHAEL M. MIHM, District Judge. This matter is now before the Court on Plaintiff's Motion for Remand. For the reasons set forth below, the Motion [# 10] is DENIED. BACKGROUND Plaintiff, Cindy Spain ("Spain"), submitted an application for disability insurance benefits ("DIB"). On April 12, 2008, an Administrative Law Judge ("ALJ") ruled that she had ... WORLD WIDE SALES, INC., Plaintiff, v. CHURCH & DWIGHT CO., INC., Defendants. , N.D.Ill., November 9, 2009 MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, District Judge. World Wide Sales, Inc. has sued Church & Dwight Co., Inc. for its use of the mark Fridge Fresh to describe a refrigerator deodorizing product, in alleged infringement of World Wide's Forever Fresh for the Fridge mark for a similar product. World Wide claims: (1) trademark infringement under the Lanham Act, 15 U.S.C. § 1114(1); (2) unfair competition, passing off, false advertising, and false designation of origin under the Lanh... Patricia MILLIKEN, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Ill., November 9, 2009 MEMORANDUM OPINION AND ORDER P. MICHAEL MAHONEY, United States Magistrate Judge. I. Introduction Patricia Milliken seeks judicial review of the Social Security Administration Commissioner's decision to deny her application for Disability Insurance Benefits ("DIB") under Title II of the Social Security Act. See42 U.S.C. § 405(g). This matter is before the consent of both parties, filed on September 30, 2008. See28 U.S.C. § 636(c); Fed.R.Civ.P. 73. II. Administrative Proceedings Claimant fir... Crystal TULLIS, Plaintiff, v. WAL-MART STORES, INC., and Kendra Carpenter Block, Defendants. , S.D.Ill., November 9, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court sua sponte on the question of federal subject matter jurisdiction. See Kuntz v. Illinois Cent. R.R. Co., 469 F.Supp.2d 586, 588 (S.D.Ill.2007) (quoting Hay v. Indiana State Bd. of Tax Comm'rs, 312 F.3d 876, 879 (7th Cir.2002)) ("Jurisdiction is the ... power to declare law, ... and without it the federal courts cannot proceed. Accordingly, not only may the federal courts police subject matter jurisdiction sua sponte,... John T. ("TOM") MINEMYER, Plaintiff, v. B-ROC REPRESENTATIVES, INC., et al., Defendants. , N.D.Ill., November 9, 2009 MEMORANDUM OPINION AND ORDER JEFFREY COLE, United States Magistrate Judge. On November 3, 2009, I had a late afternoon conference call with counsel for the parties. During the call, the defendants complained that their ability to defend this a complex patent case, which is scheduled to begin on November 16, 2009, has been compromised by recent delays that the defendants claim are part of a pattern of noncompliance by plaintiff with court ordered deadlines. The defendants orally moved to conti... Roger SPEARS, Plaintiff, v. UNITED STATES STEEL CORP., Defendant. , S.D.Ill., November 8, 2009 MEMORANDUM AND ORDER REAGAN, District Judge. In August 2009, Roger Spears filed suit in the Circuit Court of Madison County, Illinois, alleging that he fell in a hole on the concrete floor of a building on State Street in Granite City, Illinois--property owned by United States Steel Corporation (USS). Spears claimed that USS negligently allowed water to accumulate in the hole, failed to maintain the floor, failed to properly inspect the premises, and failed to warn Spears of a hazardous condi... Teresa STEPHENS, Plaintiff, v. BURNS & WILCOX, LTD., and Premium Financing Specialists, Inc., Defendants. , S.D.Ill., November 7, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. I. INTRODUCTION This matter is before the Court on the motion for remand of this case to state court brought by the Surinder Kumar Trust ("the Trust") (Doc. 7), in which motion Carrolle M. Kibby, individually and as the special administrator of the estate of Douglas Kibby, has joined (Doc. 8). [FN1] According to the allegations of the operative complaint in this case (Doc. 4-3), Teresa Stephens formerly was the operator of a rooming house in Wood... Marino GUZMAN, individually and on Behalf of all others similarly situated, Plaintiff, v. NORTHERN ILLINOIS GAS COMPANY, d/b/a/ Nicor Gas, Defendant. , N.D.Ill., November 6, 2009 MEMORANDUM OPINION AND ORDER WILLIAM J. HIBBLER, District Judge. Plaintiff Guzman brings this claim pursuant to Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. He alleges that Defendant Nicor, his employer, repeatedly discriminated against him by denying him promotions or promotion opportunities because of his skin color and because he was Hispanic. He also seeks to bring his claims on behalf of a class of "[a]ll current and former Hispanic employees of Nicor who were denied p... Susan APPERT, individually and on behalf of all others similarly situated, Plaintiff, v. MORGAN STANLEY DEAN WITTER, INC., Defendant. , N.D.Ill., November 6, 2009 MEMORANDUM OPINION AND ORDER DAVID H. COAR, District Judge. Plaintiff Susan Appert brings an action against Defendant Morgan Stanley Dean Witter, Inc., for breach of contract due to Defendant's conduct in charging "Order Handling" fees in connection with securities transactions. Before the Court is Defendant's motion to dismiss the complaint in its entirety. Defendant argues that Plaintiff lacks a private right of action to enforce securities exchange rules, the violation of which forms the g... VALLEY AIR SERVICE, Plaintiff, v. SOUTHAIRE, INC., et al., Defendants. , N.D.Ill., November 6, 2009 Alan L. Farkas, Michael Sweeney Mcgrory, Madsen, Farkas & Powen, L.L.C., Jeffrey D. Waltuck, Attorney at Law, Chicago, IL, for Plaintiff. Joseph R. Marconi, Mark D. Johnson, Victor J. Pioli, Johnson & Bell, Ltd., Chicago, IL, Joseph Michael Lamonaca, Joseph Michael Lamonaca, PC, Wilmington, DE, for Defendants. MEMORANDUM AND ORDER BLANCHE M. MANNING, District Judge. Defendant Southaire and Edward Brunner's motion to reconsider the court's order granting post-trial relief to the plaintiff... UNITED STATES of America v. James I. HOWZE. , N.D.Ill., November 6, 2009 SENTENCING MEMORANDUM JOAN B. GOTTSCHALL, District Judge. I. Guidelines Offense-Level Calculation The PSR applied a two-point "threat of death" enhancement to two of the five bank robberies Howze committed. In each of these two instances, Howze did not explicitly say that he would kill the teller if the teller failed to hand over money to him. Instead, in the offense charged as Count 2 of the indictment, the evidence showed that Howze either said "this is a stick up I have a gun" or "this is ... Lyle Vander SCHAAF, Personal Representative of the Estate of Gregory Vander Schaaf, deceased, Plaintiff, v. MIDWEST TRANSFER & LOGISTICS, LLC and Mark Rhodes, Defendants. , N.D.Ill., November 6, 2009 Francis Peter Morrissey, Michael Gerard Mahoney, Burke, Mahoney & Wise, Chicago, IL, for Plaintiff. James Shanahan Smith, Scott R. Landa, Sara Morgan Davis, Ryan, Ryan & Landa, Waukegan, IL, for Defendants. MEMORANDUM AND ORDER BLANCHE M. MANNING, District Judge. Lyle Vander Schaaf, the personal representative of the estate of Gregory Vander Schaaf ("Gregory's Estate") brought this action pursuant to the Illinois Wrongful Death Act against Midwest Transfer & Logistics, LLC and Mark Rhode... NEWCOURT CAPITAL, USA, INC. and SW Holding Trust, Plaintiff, v. RUBLOFF AVIATION MAINTENANCE SERVICES, LLC, Defendant. , N.D.Ill., November 6, 2009 Victor P. Henderson, Eric J. Dorkin, Robert H. Lang, Steven B. Varick, Holland & Knight LLC, Chicago, IL, John M. Toriello, Holland & Knight LLP, Westfield, NJ, for Plaintiff. Thomas J. Lester, James M. Allen, Hinshaw & Culbertson, Rockford, IL, Timothy Allen Hickey, Hinshaw & Culbertson, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER P. MICHAEL MAHONEY, United States Magistrate Judge. I. Introduction On November 17, 2008, the district court entered judgment against Rubloff Avi... Kevin R. JACKSON, Plaintiff, v. HAAS ENVIRONMENTAL, Defendant. , S.D.Ill., November 6, 2009 MEMORANDUM AND ORDER REAGAN, District Judge. On November 4, 2009, Kevin Jackson filed a pro se complaint in this United States District Court, alleging employment discrimination by his former employer, Haas Environmental of Granite City, Illinois. Although Jackson used a form complaint for suits under Title VII of the Civil Rights Act of 1964, 42 U.S.C.2000e, et seq., his complaint appears to allege not only race discrimination (which would fall within Title VII's protections) [FN1] but also... Henry BARROW, Plaintiff, v. Dr. KOKO, et. al., Defendants. , C.D.Ill., November 6, 2009 Henry Barrow, Pontiac, IL, pro se. Ryan A. Nelson, Illinois Attorney General, Springfield, IL, for Defendants. CASE MANAGEMENT ORDER HAROLD A. BAKER, District Judge. This cause is before the court for case management and consideration of various pending motions including the plaintiff's motions for appointment of counsel [d/e 10, 19]; the plaintiff's motion for an extension of time to serve Defendant Koko [d/e 18]; and the plaintiff's motion for a subpoena. [d/e 20]. I. BACKGROUND T... William Dale CARTER, Petitioner, v. UNITED STATES of America, Respondent. , C.D.Ill., November 6, 2009 William Dale Carter, Robinson, IL, pro se. Garson Steven Fischer, Illinois Attorney General, Chicago, IL, for Respondent. OPINION JEANNE E. SCOTT, District Judge. This matter is before the Court on Petitioner William Dale Carter's Motion for Certificate of Appealability (COA) (d/e 35) and Motion for Transcripts and Records (d/e 36). For the reasons set forth below, the COA Motion is denied, and the Motion for Transcripts and Records is granted. Under Federal Rule of Appellate Procedur... Shawn William BLAND, Petitioner, v. UNITED STATES of America, Respondent. , C.D.Ill., November 6, 2009 Shawn William Bland, Terre Haute, IN, pro se. Gregory K. Harris, Patrick J. Chesley, U.S. Atty., Springfield, IL, for Respondent. OPINION JEANNE E. SCOTT, U.S. District Judge: This matter comes before the Court on Petitioner Shawn William Bland's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (d/e 1) (Petition). The Government filed Respondent's Answer to Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Se... Thomas LESKOVEC, Plaintiff, v. CIRCUIT WORKS CORPORATION, Defendant. , N.D.Ill., November 6, 2009 Thomas V. Laskovec, Waukegan, IL, pro se. Hope G. Nightingale, Bradford Allen Lehew, Carrie A. Durkin, Litchfield Cavo, Chicago, IL, for Defendant. MEMORANDUM OPINION CHARLES P. KOCORAS, District Judge. This matter comes before the court on the motion of Defendant Circuit Works Corporation ("CWC") for summary judgment. For the reasons set forth below, the motion is granted. BACKGROUND [FN1] FN1. Although Leskovec is pro se, he is still required to comply with the procedural rules of th... VALLEY AIR SERVICE, Plaintiff, v. SOUTHAIRE, INC., et al., Defendants. , N.D.Ill., November 6, 2009 Alan L. Farkas, Michael Sweeney Mcgrory, Madsen, Farkas & Powen, L.L.C., Chicago, IL, Jeffrey D. Waltuck, Attorney at Law, Chicago, IL, for Plaintiff. Joseph R. MarconiMark D. JohnsonVictor J. Pioli, Johnson & Bell, LTD., Chicago, IL, Joseph Michael Lamonaca, Joseph Michael Lamonaca, PC, Chadds Ford, PA, for Defendants. MEMORANDUM AND ORDER BLANCHE M. MANNING, District Judge. The court previously issued a rule to show cause directed at attorneys Joseph Marconi and Victor Pioli of Johnson... Michael EDWARDS, Plaintiff, v. Dr. OBADINA, et al., Defendants. , S.D.Ill., November 6, 2009 MEMORANDUM AND ORDER REAGAN, District Judge. Plaintiff, an inmate currently confined at the Danville Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides: (a) Screening.--The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil ac... Don E. ELAM, Plaintiff, v. Darrell M. WESTERMAN, et al., Defendants. , S.D.Ill., November 6, 2009 MEMORANDUM AND ORDER GILBERT, District Judge. Plaintiff, an inmate at the Menard Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff seeks damages for disciplinary actions taken against him allegedly in violation of his right to due process of law.. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides: (a) Screening.--The court shall review, before... Andrew T. WELLS, Petitioner/Defendant, v. UNITED STATES of America, Respondent/Plaintiff. , S.D.Ill., November 6, 2009 MEMORANDUM AND ORDER GILBERT, District Judge. This matter is before the Court on Petitioner's motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255. BACKGROUND Petitioner pleaded guilty to conspiracy to manufacture, distribute, and possess with intent to distribute 500 grams or more of a mixture and substance containing methamphetamine and was sentenced to 180 months imprisonment. United States v. Wells, Case No. 09-cr-40079 (S.D.Ill.). On August 12, 2004, Pe... UNITED STATES of America, Plaintiff, v. NORTHERN STATES INVESTMENTS, INC. And Chicago Title & Trust, as Successor Trustee to Lasalle National Bank, as Trustee for Land Trust No. 10-17758-9, Defendants. , N.D.Ill., November 5, 2009 MEMORANDUM OPINION & ORDER JOAN B. GOTTSCHALL, District Judge. The government brought this federal tax lien foreclosure case against Robert B. Horsting, Sr. and Margaret M. Horsting (collectively, the "Horsting parents") stemming from assessments for several years between 1978 and 1987. On September 8, 1997, judgment was entered in favor of the government and against the Horsting parents with respect to income tax liabilities from the above- described period. See Case No. 97-C-4169. In this c... Leonardo GREGORIO, Plaintiff/Counter-Defendant v. YELLOW TRANSPORTATION, INC., Defendant/Counter-Plaintiff YRC f/k/a Yellow Transportation Inc., Third-Party Plaintiff v. IIVM, LLC, Extended Stay Hotels, LLC, and Extended Stay America, Inc., Thir, N.D.Ill., November 5, 2009 MEMORANDUM OPINION AND ORDER WILLIAM J. HIBBLER, District Judge. Leonardo Gregorio sued Yellow Transportation, Inc. ("YRC") after suffering an injury during a delivery made by YRC. Gregorio alleges that a YRC driver coerced him into helping unload a flatscreen television from the YRC truck and that the driver's negligence caused his injury. On June 10, 2008, Gregorio worked as the district manager at an Extended Stay Hotel in Romeoville, Illinois, On that day, a YRC employee, Jeffrey Cramer, ... In re AFTERMARKET FILTERS ANTITRUST LITIGATION. This Document Related To: All Actions. , N.D.Ill., November 5, 2009 MEMORANDUM OPINION AND ORDER ROBERT W. GETTLEMAN, District Judge. In this multi-district litigation, several putative plaintiff classes have alleged that defendants, the leading manufacturers [FN1] of automobile aftermarket filters, [FN2] conducted a single conspiracy to fix filters prices beginning March 1, 1999, and extending to the present. The first proposed class alleges violations of § 1 of the Sherman Act, 15 U.S.C. § 1, and consists of direct purchasers from defendants (the "Direct P... Matt MAGALIS, Plaintiff, v. Carol ADAMS, et al., Defendants. , C.D.Ill., November 5, 2009 Carl R. Draper, Jessica Leigh Reese, Feldman Wasser Draper & Cox, Springfield, IL, for Plaintiff. Thomas Bradley, Gregory R. James, Jr., Jeffrey S. Fowler, Joseph M. Gagliardo, Laner Muchin Dombrow Becker Levin & Tominberg, Chicago, IL, for Defendants. OPINION BYRON G. CUDMORE, U.S. Magistrate Judge. Pending before the Court is Plaintiff Matt Magalis' Motion to Strike Defendants' Discovery Objections (d/e 37) (Motion to Strike). Magalis asks the Court to strike objections made by the Def... Nona RICE, Plaintiff, v. DON PECK'S TRANSPORTATION, LLC, Defendant. , S.D.Ill., November 5, 2009 Gerald M. Dunne, Clayton Legal, Clayton, MO, for Plaintiff. MEMORANDUM and ORDER HERNDON, Chief Judge. This matter comes before the Court for case management. A review of Plaintiff's amended complaint reveals that Plaintiff's allegations regarding citizenship for the parties is inadequate. She has merely alleged residency for herself and that Don Peck's Transportation, LLC is a corporation of Kentucky (Doc. 39). [FN1] Residency is not sufficient to establish diversity jurisdiction under 28 ... David M. DRAYTON, Plaintiff, v. CITY OF CHICAGO DEPARTMENT OF HEALTH, Defendant. , N.D.Ill., November 5, 2009 MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. Plaintiff, David M. Drayton ("Drayton"), filed a Complaint against the Defendant, City of Chicago Department of Health ("DOH"), alleging discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. ("Title VII") for race and color discrimination, 42 U.S.C. § 1981 ("Section 1981"), and 42 U.S.C. § 1983 ("Section 1983"). Presently bef... Andre BROWN, Petitioner, v. Donald GAETZ, Warden, Menard Correctional Center, Respondent. , N.D.Ill., November 5, 2009 MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. This matter is before the Court upon the Petition of Andre Brown for a Writ of habeas corpus pursuant to 18 U.S.C. § 2254. For the reasons stated below, the Petition for a Writ of habeas corpus is denied. BACKGROUND Leon Mayes was shot to death in the early morning hours of October 10, 2000, on the south side of Chicago. Mayes sat in the front passenger seat and his girlfriend, Brenda Green, sat in the driver's seat of a parked Ch... Trisha Howell DEVENPORT, Plaintiff, v. SAM'S CLUB WEST and/or Sam's Club, Defendant. , N.D.Ill., November 5, 2009 MEMORANDUM OPINION AND ORDER ARLANDER KEYS, United States Magistrate Judge. Plaintiff Trisha Howell Devenport began working for Sam's Club in June, 1986, when she was 19 years old. She started as a part-time cashier, but was consistently promoted until she held the position of General Manager. On October 25, 2004, with the impending birth of her second child, Ms. Devenport completed and returned a Family and Medical Leave of Absence Approval form, indicating a leave return date of February 15... uBID, INC., Plaintiff, v. The GoDADDY GROUP, INC. and GoDaddy.com, Inc., Defendants. , N.D.Ill., November 5, 2009 MEMORANDUM OPINION CHARLES P. KOCORAS, District Judge. Defendants The GoDaddy Group, Inc. and GoDaddy.com, Inc. ("GoDaddy") have filed a motion to dismiss for lack of personal jurisdiction or, in the alternative, to transfer the case. For the reasons stated below, we grant Defendants' motion to dismiss for lack of personal jurisdiction. The motion to transfer is denied as moot. BACKGROUND Plaintiff uBID, Inc. ("uBID") is located in Chicago but its business operations are largely internet-ba... UNITED STATES of America ex rel. Lavon BROWN, Petitioner, v. Donald A. HULICK, Warden, Respondent. , N.D.Ill., November 5, 2009 MEMORANDUM OPINION AND ORDER REBECCA R. PALLMEYER, District Judge. Petitioner Lavon Brown was convicted of attempted armed robbery and two counts of attempted first-degree murder in the Circuit Court of Cook County. He has exhausted his state remedies and petitions this court for a writ of habeas corpus, arguing that the evidence against him was insufficient to support his attempted murder convictions, that evidence was admitted against him in violation of the Confrontation Clause, that trial... Jerome HOGAN, Plaintiff, v. WAL-MART STORES INC., Defendant. , S.D.Ill., November 5, 2009 MEMORANDUM and ORDER HERNDON, Chief Judge. Pending before the Court is Wal-Mart Stores, Inc.'s motion to bar any claim that Plaintiff's seventh back surgery was caused by the alleged incident (Doc. 34). Specifically, Wal-Mart argues that there is an insufficient foundation upon which to base an opinion or allegation that Plaintiff's alleged incident caused the nonunion at L3-4 of his spine that necessitated the lumbar spine injury by Dr. George Bailey two years after the alleged incident. Wal... UNITED STATES of America, Plaintiff, v. Ryan STEIN, Defendant. , S.D.Ill., November 5, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on Defendant Ryan Stein's pro se Motion for Transcripts (Doc. 312). Defendants have no constitutional right to a complimentary copy of any document in their court files. See United States v. Groce, 838 F.Supp. 411, 413, 414 (E.D.Wis.1993). Before providing copies free of charge, a district court may require the requestor to show: (1) that he has exhausted all other means of access to his files (i.e., t... Stanley PRINCE, Petitioner, v. Lisa J.W. HOLLINGSWORTH, Respondent. , S.D.Ill., November 5, 2009 MEMORANDUM AND ORDER REAGAN, District Judge. Petitioner Stanley Prince filed this action pursuant to 28 U.S.C. § 2241 to challenge his sentence enhancement as an armed career criminal under 18 U.S.C. § 924(e). PROCEDURAL BACKGROUND Prince pleaded guilty to being a felon in possession of a firearm and to possessing with intent to distribute a mixture or substance containing a detectable amount of heroin, for which he is serving a total term of 188 months imprisonment. United States v. Pr... UNITED STATES of America, Plaintiff, v. John BACON, Defendant. , S.D.Ill., November 5, 2009 MEMORANDUM AND ORDER REAGAN, District Judge. This is not the first time that Defendant John Bacon has moved for the Court to dismiss the indictment charging him with conspiracy to commit illegal dogfighting, see18 U.S.C. § 371 (2006) (prohibiting conspiracy to commit offenses against the United States); Animal Welfare Act § 26(a), (b), 7 U.S.C. § 2156(a), (b) (2006) (making it an offense to exhibit an animal in an "animal fighting venture" or knowingly sell, buy, possess, or transport an anim... Cal MEYERS, Plaintiff, v. SOUTHERN ILLINOIS UNIVERSITY AT CARBONDALE et al., Defendants. , S.D.Ill., November 5, 2009 MEMORANDUM AND ORDER REAGAN, District Judge. A. The Pending Motions Plaintiff Cal Meyers seeks to reopen his case (Doc. 37), taking issue with the Court's August 25, 2009 ruling dismissing his case without prejudice for failure to comply with two prior court orders requiring the filing of an amended complaint (Doc. 35). He also seeks to vacate the Clerk's entry of costs against him in the amount of $2143.50 (Docs.39, 41). Defendants oppose both requests. For the reasons below, both of plain... ABBOTT LABORATORIES, Plaintiff, v. MATRIX LABORATORIES, INC., Matrix Laboratories, Ltd., and Mylan, Inc., Defendants. , N.D.Ill., November 5, 2009 MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Plaintiff, Abbott Laboratories ("Abbott"), filed this lawsuit on March 13, 2009. The case is based on the Hatch-Waxman amendments to the Food, Drug, and Cosmetic Act. Abbott's complaint [1] alleges that Defendants infringed two of Abbott's patents when Defendants filed an Abbreviated New Drug Application ("ANDA") with the Food and Drug Administration ("FDA"). Defendants' ANDA included certifications asserting that two of Abbott'... BEST ASSETS, INC., Plaintiff, v. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Defendants. Best Assets, Inc., Plaintiff, v. Secretary of Housing and Urban Development, et al., Defendants. , N.D.Ill., November 5, 2009 MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, District Judge. Best Assets, Inc. sued the United States Department of Housing & Urban Development (HUD) and others, including an entity called Harrington Moran Barksdale, Inc. (HMBI), in two different Illinois state courts, asserting claims for breach of contract and quantum meruit, and seeking to impose and foreclose upon mechanic's liens on HUD-owned properties. Best Assets' claims against HUD arise out of HMBI and HUD's alleged failure to ... Bonnie FISH, et al., Plaintiffs, v. GREATBANC TRUST COMPANY, et al., Defendants. , N.D.Ill., November 5, 2009 Charles Robert Watkins, Futterman Howard Watkins Wylie & Ashley, Chtd., John R. Wylie, Donald & Guin, LLC, Chicago, IL, David C. Ahlstrom, James A. Dyer, Jon Michael Sebaly, Sebaly Shillito Dyer, Dayton, OH, Gary A. Gotto, Gary D. Greenwald, Keller Rohrback, PLC, Phoenix, AZ, for Plaintiffs. Theodore Michaelson Becker, Julie Ann Govreau, Michael Frederik Derksen, Morgan Lewis & Bockius, LLP, John Peirce Morrison, Joshua J. Heidelman, K & L Gates LLP, Chicago, IL, Michael L. Scheier, Amber M... Sa'da JOHNSON, et al., Plaintiffs, v. BOARD OF EDUCATION CHAMPAIGN COMMUNITY UNIT SCHOOL DISTRICT # 4, Defendant. , C.D.Ill., November 4, 2009 OPINION and ORDER JOE BILLY McDADE, District Judge. Before the Court is the Joint Motion for Settlement Approval filed by the parties on August 24, 2009 [Doc. 282]. The Motion is GRANTED. BACKGROUND In light of the scope of this case, the following is a truncated recitation of the history of this case [FN1]. FN1. For a detailed rendition of the background of this case, see this Court's previous Order dated January 29, 2002 [Doc. 65]. Throughout the course of this Order, the Court a... Deon HUGHES et al., Plaintiffs, v. BOARD OF EDUCATION OF the ARGO COMMUNITY HIGH SCHOOL DISTRICT 217 et al., Defendants. , N.D.Ill., November 4, 2009 MEMORANDUM OPINION JOHN F. GRADY, District Judge. Before the court are plaintiff Daphne Weaver's application to proceed in forma pauperis ("IFP") and motion to appoint counsel. We grant the IFP application and the motion to appoint counsel for the reasons explained below. BACKGROUND Plaintiff Daphne Weaver, on her own behalf and on behalf of her two children, Deon Hughes and Darien Weaver, has filed a nine-count, 297-paragraph complaint against the Board of Education of Argo Community High ... Kristopher P. KRAS, Petitioner, v. Larry PHILLIPS, Facility Director Department of Human Services Treatment and Detention Facility, and Lisa Madigan, Attorney General of the State of Illinois, Respondents. , C.D.Ill., November 4, 2009 Kristopher P. Kras, Rushville, IL, pro se. Garson Steven Fischer, Illinois Attorney General, Chicago, IL, for Respondents. OPINION JEANNE E. SCOTT, District Judge: This cause is before the Court on Petitioner Kristopher Kras' Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (d/e 1) (Petition) and Respondent Larry Phillips' Motion to Dismiss (d/e 10). Kras is institutionalized in the Illinois Department of Human Services pursuant to the Illinois Sexually Violent Persons Commitm... FERALLOY CORPORATION, Plaintiff, v. SPIG INDUSTRY, INC. and Wade Cook, Defendants. , N.D.Ill., November 4, 2009 MEMORANDUM OPINION AND ORDER ROBERT W. GETTLEMAN, District Judge. Plaintiff, Feralloy Corporation ("Feralloy"), has filed a four count complaint against Spig Industry, Inc. ("Spig") and Wade Cook ("Cook") alleging breach of contract against Spig (Count I), unjust enrichment against Spig (Count II), account stated against Cook (Count III), and intentional misrepresentation against both defendants (Count IV). Defendants have moved to dismiss the complaint for lack of jurisdiction pursuant to 28... AGUILA RECORDS, INC., an Illinois Corporation, and Aguila Raid Publishing, Inc., an Illinois Corporation, Plaintiffs, v. NUEVA GENERACION MUSIC GROUP, INC., a Texas Corporation, Martin Fabian, Marisa L. Caballero, Rene Urbina, Chris Urbina, Hector , N.D.Ill., November 4, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. OVERVIEW Plaintiff record company, Aguila, seeks injunctive relief against Defendant band members of Alacranes Musical and their managers based on claims of trademark and copyright infringement. Plaintiffs seek to enjoin Defendants from (1) appearing and performing as, using and/or displaying the name or band logo "Alacranes Musical" in any advertisement and/or promotion of any commercial activity, including but not limited to In... Larry BUTLER, Joseph Leonard, Kevin Barnes, Victor Matos, Alfred Blair, and Martin Champion, individually and on behalf of all other's similarly situated, and Alan Jarashow, Lauren Crane, and Lawrence L'Hommedieu, individually and on behalf of all ot, N.D.Ill., November 4, 2009 OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. Plaintiffs, owners of Kenmore HE2, HE2t, HE3, HE3t, HE4t, HE5t, and other front-loading automatic washers (collectively, "washing machines"), filed an Amended Consolidated Class Action Complaint (hereinafter "Consolidated Complaint") against Sears, Roebuck and Co. [FN1] ("Sears"). Plaintiffs allege breach of written warranties (Counts I and III), breach of implied warranties (Counts II and V), violation of their respective home states' c... Ben ANDERSON and Curby Howard, individually, and on behalf of all others similarly situated, Plaintiff, v. JCG INDUSTRIES, INC., Koch Meat Co., Inc., and Joseph C. Grendys, individually, Defendants. , N.D.Ill., November 4, 2009 OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. Plaintiffs, Ben Anderson ("Anderson") and Curby Howard ("Howard") (together, "plaintiffs"), individually, and on behalf of all others similarly situated, brought this action against defendants, JCG Industries, Inc. ("JCG"), Koch Meat Co., Inc. ("Koch"), and Joseph C. Grendys ("Grendys") (together, "defendants"), as a class action for violation of the Illinois Minimum Wage Law ("IMWL"), 820 Ill. Comp. Stat. § 105 et seq. (Count I), and, ... Deborah WIESS, Plaintiff, v. WAL-MART STORES, INC., a Delaware corporation, Defendant. , S.D.Ill., November 4, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court on the motion for remand of this case to state court brought by Plaintiff Deborah Wiess (Doc. 8). In this action Wiess seeks damages for personal injuries allegedly caused to her on September 5, 2008, by a defective shopping cart on the premises of a retail store owned by Defendant Wal-Mart Stores, Inc. ("Wal-Mart"), in Highland, Illinois. This case first was filed in the Circuit Court of the Third Judicial Circuit, ... CREATIVE TRADE GROUP, INC., a Connecticut Corporation, Plaintiff, v. INTERNATIONAL TRADE ALLIANCE, INC., a Florida Corporation, and McGrath- Colosimo, LTD d/b/a McGrath Lexus of Chicago, an Illinois Corporation, Defendants. , N.D.Ill., November 4, 2009 MEMORANDUM OPINION AND ORDER REBECCA R. PALLMEYER, District Judge. In May 2008, Plaintiff Creative Trade Group, Inc. ("Creative") [FN1] filed a complaint in this court against Defendants, International Trade Alliance, Inc. ("ITA") and McGrath-Colosimo, LTD ("McGrath"), alleging that ITA and McGrath wrongfully retained $171,388 that Creative wire-transferred for the purchase of two rare Lexus luxury SUVs. Creative demanded its money back after the car deal, which involved a number of intermed... CUNDIFF STEEL ERECTORS, INC., Plaintiff, v. BULLEY & ANDREWS, LLC, and Continental Casualty Co., Defendants. , N.D.Ill., November 4, 2009 OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. Cundiff Steel Erectors, Inc. ("Cundiff"), in its five-count amended complaint against defendants, Bulley & Andrews, LLC ("B & A") and Continental Casualty Company ("Continental"), claims that B & A breached a purchase agreement under which Cundiff was to fabricate and deliver structural steel to B & A (Count I), failed to pay Cundiff for authorized extra work (Count II), and breached a guaranty agreement (Count III). Cundiff further seek... Eileen M. HUSS, individually and as Guardian for Joseph R. Huss, Jr., Plaintiff, v. IBM MEDICAL AND DENTAL PLAN and R.A. Barnes, in her capacity as Plan Administrator, Defendants. , N.D.Ill., November 4, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. This was an ERISA suit to overturn the denial of enrollment eligibility for Joseph R. Huss, Jr., Plaintiff Eileen Huss's 25 year old mentally disabled son, in the employee welfare plan sponsored and administered by Plaintiff's former employer, IBM. On March 20, 2009, I granted summary judgment for Plaintiff and found that Joseph R. Huss Jr. was entitled to be immediately enrolled in the IBM Medical and Dental Plan ("the Plan"). Addi... Reginald LEE, Plaintiff, v. C/O CLARK, et al., Defendants. , S.D.Ill., November 4, 2009 MEMORANDUM AND ORDER GILBERT, District Judge. Plaintiff, an inmate currently confined at the Robinson Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Plaintiff seeks damages for alleged violations of his right to due process of law. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides: (a) Screening.--The court shall review, before docketing, if feasible... Corey C. URSCH, Plaintiff, v. DETAILERS & MORE, INC., Defendant. , S.D.Ill., November 4, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court on the motion for remand of this case to state court brought by Plaintiff Corey C. Ursch (Doc. 6). This case was removed from the Circuit Court of the Twentieth Judicial Circuit, St. Clair County, Illinois, by Defendant Detailers & More, Inc., on October 28, 2009. By order entered November 3, 2009, the Court noticed sua sponte a procedural defect in the removal of the case, specifically, that the removal is untimely ... Rodderick SISSON, Plaintiff, v. Dr. OBADINA, et al., Defendants. , S.D.Ill., November 4, 2009 MEMORANDUM AND ORDER GILBERT, District Judge. The Court previously dismissed the claims against Defendants Runge and Clark, finding that the claims against them were negligence claims arising from a vehicular accident. Now before the Court is Plaintiff Sisson's motion to reconsider that ruling (Doc. 14). Technically, a "Motion to Reconsider" does not exist under the Federal Rules of Civil Procedure. The Seventh Circuit has held, however, that a motion challenging the merits of a district c... UNITED STATES of America, Plaintiff, v. Tara MORGAN, Defendant. , S.D.Ill., November 4, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on Defendant Tara Morgan's ex parte Motion for Disclosure (Doc. 206). Specifically, Morgan seeks full disclosure of the Presentence Investigation Report (hereinafter "PSR") of Raymond Linzee, who maintained contact with Morgan during the course of her alleged misconduct and has since been indicted on one count of insurance fraud in a separate case. "Generally, presentence reports are helpful in effecti... Rebecca OWENS, Addisalem Berhanu, Kathy Taylor, Mary Bostic, Plaintiffs, v. TELEPERFORMANCE USA, Defendant. , N.D.Ill., November 4, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. BACKGROUND Plaintiffs, former employees of Defendant telemarketing corporation Teleperformance USA ("TP"), were laid off in the fall of 2003 and allege the following three counts against Defendant: (1) racially discriminatory layoff in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964 ("Title VII"); (2) racially discriminatory failure to rehire, also in violation of § 1981; and (3) age and racially discr... Carl Albert COURTRIGHT III, Plaintiff, v. Lisa MADIGAN, et al., Defendants. , S.D.Ill., November 4, 2009 MEMORANDUM AND ORDER GILBERT, District Judge. Plaintiff, an inmate at the United States Penitentiary located in Tuscon, Arizona (USP-Tuscon) brings this action for deprivations of his constitutional rights. Plaintiff seeks the return of certain items seized from him during the course of an investigation into child pornography charges and an order declaring certain searches and seizures "unconstitutional and thereby banned from use." This case is now before the Court for a preliminary review o... Tiereon WOODHOUSE, Plaintiff, v. Detective MATTINGLY, et al., Defendants. , S.D.Ill., November 4, 2009 MEMORANDUM AND ORDER REAGAN, District Judge. Plaintiff, an inmate at the St. Clair County Jail, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides: (a) Screening.--The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner s... Scott K. PETERSMARCK, Plaintiff, v. Dr. Robert PARKS, et al., Defendants. , S.D.Ill., November 4, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. Plaintiff Scott Petersmarck, currently an inmate in the Taylorville Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides: (a) Screening.--The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint i... CHICAGO POLICE SERGEANTS ASSOCIATION, an Illinois not for profit corporation, Sergeant Lisa Price, an individual, Sergeant Richard Wiser, an individual, Plaintiffs, v. CITY OF CHICAGO, a Municipal Corporation, Defendant. , N.D.Ill., November 4, 2009 MEMORANDUM OPINION AND ORDER JEFF COLE, United States Magistrate Judge. The City's Motion to Compel Discovery Responses [# 56] states that the City has not received responses to its interrogatories and requests to produce, which were propounded on August 3, 2009. The motion goes on to say that counsel for the plaintiff has not been responsive to an October 13, 2009 telephone call and that it has not honored its promise to respond to written discovery by November 6, 2009--a promise to which th... UNITED STATES of America, and the states of California, Illinois, North Carolina, and Ohio, Plaintiffs, v. DISH NETWORK, L.L.C., Defendant. , C.D.Ill., November 4, 2009 Albert N. Shelden, California Attorney General's Office, San Diego, CA, Daniel Kadane Crane-Hirsch, U.S. Dept. of Justice, Consumer Litigation, Washington, DC, Elizabeth A. Blackston, Illinois Attorney General, James A. Lewis , U.S. Atty., Springfield, IL, Erin B. Leahy, Michael S. Ziegler, Ohio Attorney General's Office, Consumer Protection Section, Columbus, OH, Jeffrey Mark Feltman, Office of the Attorney General, Carbondale, IL, Kevin Anderson, North Carolina Department of Justice, Consum... Michael A. NELSON, Plaintiff, v. HARRIS N.A., et al., Defendants. , N.D.Ill., November 3, 2009 MEMORANDUM OPINION AND ORDER JOAN B. GOTTSCHALL, District Judge. Plaintiff, Michael A. Nelson, presently an inmate at the Metropolitan Correctional Center, brings this pro se action. Plaintiff claims that the Defendants--Harris N.A, Harris Bankcorp, Inc, and Bank of Montreal--violated his right to privacy by gaining access to his criminal history without his authorization. Presently pending before the Court is Defendants' motion to dismiss. Plaintiff has filed multiple documents in response t... Daryl STINGLEY, Jr., Plaintiff, v. CITY OF CHICAGO, et. al., Defendants. , N.D.Ill., November 3, 2009 MEMORANDUM OPINION AND ORDER JEFFREY COLE, United States Magistrate Judge. In light of what follows, it is important at the outset to stress that nothing in this Opinion is intended to reflect adversely on the skill or conduct of the exceedingly able counsel in the case. The plaintiff's Motion to Compel Discovery Responses [# 30] states that the City has not responded to its interrogatories and requests to produce, which were propounded on May, 28, 2009, and that the City has not responded... SP TECHNOLOGIES, LLC, Plaintiff, v. GARMIN INTERNATIONAL, INC. and Tomtom, Inc., Defendants. , N.D.Ill., November 3, 2009 MEMORANDUM OPINION AND ORDER REBECCA R. PALLMEYER, District Judge. In this lawsuit, Plaintiff SP Technologies, LLC, the assignee of U.S. Patent No. 6,784,873, charges Defendants TomTom, Inc. and Garmin International, Inc., with infringing the patent. Dr. Peter Boesen, one of the patentees, assigned his rights in the patent to SP Technologies in 2006. He now seeks to intervene in this lawsuit, arguing that the assignment agreement is invalid. Generally speaking, a party that has assigned its r... Andrew SUH, Petitioner, v. Stephen D. MOTE, Warden, Respondent. , N.D.Ill., November 3, 2009 MEMORANDUM OPINION AND ORDER REBECCA R. PALLMEYER, District Judge. Petitioner Andrew Suh was convicted of first-degree murder and armed robbery following a bench trial in the Circuit Court of Cook County before Judge John E. Morrissey. In a state court petition for postconviction relief, Suh argued that his conviction was tainted by Judge Morrissey's relationship with relatives of the crime's victim. The state court denied Suh's petition, finding that, although Judge Morrissey was acquainted ... Douglas W. MARTIN, Plaintiff, v. Officer LUCKETT # 355, Romeoville Police Department, et al., Defendants. , N.D.Ill., November 3, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. Plaintiff Douglas W. Martin has brought a complaint against various officers, police departments and municipalities alleging violations of his Fourth and Fourteenth Amendment rights. Plaintiff filed an initial complaint with this Court on May 18, 2007. Subsequently, he filed his first amended complaint and second amendment complaint. On June 23, 2009 Plaintiff filed his third amended complaint which is the subject of this Order. Def... In re EMERALD CASINO, INC., Debtor. Donald F. Flynn, Kevin F. Flynn, John P. McMahon, Joseph P. McQuaid, Kevin D. Larson, Walter P. Hanley, and Peer Pedersen, Appellants, v. Frances Gecker, not individually but solely as chapter 7 trustee for the , N.D.Ill., November 3, 2009 ORDER REBECCA R. PALLMEYER, District Judge. Defendants, seven former officers and directors of Emerald Casino, Inc., move for leave to appeal an interlocutory order entered by the Bankruptcy Court denying their motion to dismiss a complaint brought by Emerald's bankruptcy trustee. The Trustee's complaint accuses the Defendants of various forms of misconduct that put the company into bankruptcy. The court may grant leave to appeal under 28 U.S.C. § 158, which dictates that such appeals "shall ... Candice WILLIAMS, individually, and as Administrator of the Estate of her unborn fetus, and Daniel Sigers, Plaintiffs, v. Crete Police Officer Juan N. GARCIA (# 129), Crete Police Officer Michael Buzan (# 112), Police Officer Richard P. Pasquini (#, N.D.Ill., November 3, 2009 MEMORANDUM OPINION AND ORDER ROBERT W. GETTLEMAN, District Judge. Plaintiffs, Candice Williams, individually, and as Administrator of the Estate of her unborn fetus, and Daniel Sigers, have brought a nineteen-count complaint against defendants, Crete Police Officers Juan N. Garcia and Michael Buzan, Police Officer Richard P. Pasquini, the Village of Crete (the "Village Defendants"), Christine Anderson, Carrie King, Marylin M. Reid, Torian N. Moore, Rocky Hill, Mathew Wegner, the Crete-Monee B... Corey C. URSCH, Plaintiff, v. DETAILERS & MORE, INC., Defendant. , S.D.Ill., November 3, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court sua sponte on review of the notice of removal in this cause (Doc. 2). See In re Continental Cas. Co., 29 F.3d 292, 294-95 (7th Cir.1994); Reynolds v. Schucks Mkts., Inc., Civil No. 09-334- GPM, 2009 WL 2259251, at * *3-4 (S.D.Ill. May 19, 2009); Pruitt v. Kelly Moore Paint Co., Civil No. 07-768-GPM, 2007 WL 4225654, at * *3-4 (S.D.Ill. Nov. 13, 2007). In this action Plaintiff Corey C. Ursch alleges that he was termin... David L. LEWIS, Plaintiff, v. Larry MILLS, Todd Damilano, Scott Corrie, and Clint Gray, Defendants. , C.D.Ill., November 3, 2009 John A. Baker, Baker Baker & Krajewski LLC, Springfield, IL, for Plaintiff. Jason W. Rose, Michael W. Condon, Jason W. Rose, Hervas Condon & Bersani, Itasca, IL, Michael J. Tague, Flynn Palmer & Tague, Steven A. Amjad, Meyer Capel PC, Champaign, IL, for Defendants. ORDER MICHAEL P. McCUSKEY, Chief Judge. Reports and Recommendations (# 23), (# 24), and (# 25) were filed by Magistrate Judge David G. Bernthal in the above cause on October 2 and October 6, 2009. On October 16, 19, and 23, 20... Vicky BAKER, et al., on behalf of themselves and all others similarly situated, Plaintiffs, v. ACER AMERICA CORPORATION, et al., Defendants. , S.D.Ill., November 3, 2009 Andrew J. Cross, Carey & Danis, LLC, St. Louis, MO, for Plaintiffs. MEMORANDUM AND ORDER MURPHY, District Judge. This case is before the Court sua sponte on review of the allegations of the complaint regarding federal subject matter jurisdiction. See Johnson v. Wattenbarger, 361 F.3d 991, 992 (7th Cir.2004) (a district court's "first duty in every suit" is "to determine the existence of subject-matter jurisdiction"); Wisconsin Knife Works v. National Metal Crafters, 781 F.2d 1280, 1282 (7th... Trevor James FULK and Sam Fogler, Plaintiffs, v. The VILLAGE OF SANDOVAL, ILLINOIS, Jerome Rattermann, Individually and in his Official Capacity as Mayor of the Village of Sandoval and President of the Village of Sandoval Board, Mark Copple, Gerald, S.D.Ill., November 3, 2009 Lee W. Barron, Lee W. Barron, P.C., Generally Admitted, Alton, IL, for Plaintiffs. Charles A. Pierce, Pierce Law Firm, P.C., Belleville, IL, for Defendants. MEMORANDUM AND ORDER MURPHY, District Judge. On Monday, October 5, 2009, the Court heard arguments on Defendants' motion to dismiss the second amended complaint. For the reasons that follow, Defendants' motion is denied. Background The background information in this case was outlined in this Court's earlier Memorandum and Order (see ... Oscar WALDEN Jr., Plaintiff, v. CITY OF CHICAGO, et al., Defendants. , N.D.Ill., November 3, 2009 John Ladell Stainthorp, Amber Miller, G. Flint Taylor, Jr., People's Law Offices, Chicago, IL, for Plaintiff. Andrew M. Hale, Avi T. Kamionski, Christina M. Liu, Andrew M. Hale & Associates, LLC, Eileen Ellen Rosen, Silvia Mercado Masters, Stacy Ann Benjamin, Rock, Fusco, LLC, Mara Stacy Georges, City of Chicago, Department of Law, Jeffrey S. McCutchan, Louis R. Hegeman, Chicago, IL, for Defendants. MEMORANDUM, OPINION AND ORDER WAYNE R. ANDERSEN, District Judge. Before the court are obj... UNITED STATES of America v. Aaron WILLIAMS. , N.D.Ill., November 3, 2009 Benjamin F. Langner, AUSA, United States Attorney's Office, Chicago, IL, Pretrial Services, for United States of America. Helen Joong Kim, Federal Defender Program, Chicago, IL, for Aaron Williams. MEMORANDUM OPINION AND ORDER DAVID H. COAR, District Judge. Aaron Williams is one of eleven co defendants in this drug-trafficking case. He is charged with one count of possession with intent to distribute 500 grams or more of a substance containing cocaine. See21 U.S.C. § 841(a)(1). Chicago p... In re POTASH ANTITRUST LITIGATION. , N.D.Ill., November 3, 2009 Anna M. Horning Nygren, Heidi M. Silton, Richard A. Lockridge, W. Joseph Bruckner, Lockridge Grindal Nauen P.L.L.P., Minneapolis, MN, Bruce L. Simon, Jonathan Mark Watkins, Pearson Simon Warshaw & Penny, LLP, San Francisco, CA, Steven Alan Hart, Segal, McCambridge, Singer & Mahoney, John Reid Malkinson, Malkinson & Halpern, P.C., Chicago, IL, Christopher King Wilson, Daniel D. Owen, Patrick John Brady, Polsinelli Shughart PC, Kansas City, MO, Elizabeth Anne McKenna, Milberg LLP, Bernard Persky, ... TAS DISTRIBUTING COMPANY, INC., Plaintiff, v. CUMMINS, INC., Defendant. , C.D.Ill., November 2, 2009 Daniel J. Voelker, Jacob D. Koering, Jeffrey L. Dorman, Paul A. Duffy, Freeborn & Peters, Chicago, IL, Timothy L. Bertschy, Heyl Royster Voelker & Allen, Peoria, IL, for Plaintiff. Jeanne Marie Gills, Peter G. Hawkins, Aaron J. Weinzierl, Heidi L. Belongia, Jonathan R. Spivey, Foley & Lardner, Chicago, IL, David G. Lubben , Davis & Campbell Llc, Peoria, IL, for Defendant. SUA SPONTE ORDER OF CLARIFICATION JOE BILLY McDADE, District Judge. On October 17, 2009, an Order (Doc. 201) was en... William C. LEDONNE, Plaintiff, v. AXA EQUITABLE LIFE INSURANCE CO., (f/k/a the Equitable Life Assurance Society of the United States), a New York Corporation, and William Canady, Defendants. , N.D.Ill., November 2, 2009 Hall Adams, III, Law Offices Of Hall Adams, Christopher C. Kendall, Paul Wojciechowski, Susan Anne Finnegan, The Law Office of Christopher C. Kendall, P.C., Chicago, IL, for Plaintiff. Michael J. Smith, Jacqueline J. Herring, W. Sebastian Von Schleicher, Smith, Von Schleicher & Associates, Chicago, IL, Roddy W. Rogahn, Rogahn Law Offices, Delafield, WI, Peter Stephan Faraci, Faraci & Faraci, Park Ridge, IL, for Defendants. MEMORANDUM OPINION AND ORDER MARVIN E. ASPEN, District Judge. Pl... UNITED STATES GYPSUM COMPANY, Plaintiff v. LAFARGE NORTH AMERICA INC., Lafarge S.A., David Downs, John D. Yockey, Ed Green, William Hartford, Walter Weldon, Kurt F. Kurzshak, and Sidney Spear, Defendants. , N.D.Ill., November 2, 2009 MEMORANDUM OPINION AND ORDER REBECCA R. PALLMEYER, District Judge. Plaintiff United States Gypsum Company ("USG") is a large manufacturer of wallboard, also known as drywall. Wallboard is made of gypsum slurry, which is mixed in a mixer, sandwiched between pieces of paper, dried in a kiln to harden, and cut into boards. In 1997, USG patented a manufacturing process that involves the injection of foam into the gypsum slurry as the slurry exits the mixer. U.S. Patent No. 5,683,635 ("the '635 pa... Dana HOLLAND, Plaintiff, v. CITY OF CHICAGO, Timothy Cullinan and Nancy Piekarski, Defendants. , N.D.Ill., November 2, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. Background Plaintiff, Dana Holland ("Holland" or "Plaintiff) initially filed suit alleging violations of state law against the City of Chicago and two Chicago Police officers, Timothy Cullinan ("Cullinan") and Nancy Piekarski ("Piekarski") on July 29, 2003 in the Circuit Court of Cook County. Plaintiff amended his complaint on April 29, 2005, when he added two federal claims. That Second Amended Complaint [FN1] ("SAC") brought t... Gloria VILLANUEVA, Plaintiff, v. VILLAGE DISCOUNT OUTLET, INC., Defendant. , N.D.Ill., November 2, 2009 SUPPLEMENT TO MEMORANDUM OPINION AND ORDER MILTON I. SHADUR, Senior District Judge. Gloria Villanueva's counsel has moved that this Court reconsider the adverse summary judgment ruling in its October 28, 2009 memorandum opinion and order ("Opinion"). That motion calls for one apologetic correction: In writing the Opinion this Court had not recalled its earlier oral authorization to Villanueva's counsel to eschew strict compliance with this District Court's LR 56.1 requirements, so that the cr... Don GOLDHAMER and Robin Schirmer, Plaintiffs, v. Lt. NAGODE, Cmdr. Keating, Officer Pohl, Unknown Police Officers and Employees of the City of Chicago, individually and in their official capacities, and the City of Chicago, Defendants. , N.D.Ill., November 2, 2009 MEMORANDUM OPINION JOHN F. GRADY, District Judge. Before the court is plaintiffs' motion for entry of a protective order. Plaintiffs and defendant City of Chicago agree that a protective order should be entered in this case that addresses the production of documents that constitute protected health information pursuant to the Health Insurance Portability and Accountability Act (HIPAA) as well as the production of certain documents containing "confidential matter." The City agrees in large par... Leonardo GREGORIO, Plaintiff/Counter-Defendant v. YELLOW TRANSPORTATION, INC., Defendant/Counter-Plaintiff YRC f/k/a Yellow Transportation Inc., Third-party Plaintiff v. HVM, LLC, Extended Stay Hotels, LLC, and Extended Stay America, Inc., Third, N.D.Ill., November 2, 2009 MEMORANDUM OPINION AND ORDER WILLIAM J. HIBBLER, District Judge. Leonardo Gregorio sued Yellow Transportation, Inc. ("YRC") after suffering an injury during a delivery made by YRC. Gregorio alleges that a YRC driver coerced him into helping unload a flat-screen television from the YRC truck and that the driver's negligence caused his injury. YRC responded with a counterclaim against Gregorio and a third-party complaint against his employer, HVM, LLC. Gregorio and HVM move to dismiss YRC's spo... Anthony & Bettie NANCE, Plaintiffs, v. CITY OF ELGIN, et al., Defendants. , N.D.Ill., November 2, 2009 MEMORANDUM AND ORDER BLANCHE M. MANNING, District Judge. Plaintiffs Anthony and Bettie Nance used to run a jazz club in downtown Elgin, but allege that they were forced to shut it down because the club drew a predominantly African-American crowd. They have sued the city of Elgin, former police chief William Miller, and city attorney Richard Kozal, for violating their constitutional rights under the Fourteenth Amendment's Equal Protection Clause. See42 U.S.C. § 1983. The defendants have filed ... Thomas William SMITH, Jr., Plaintiff, v. Richard S. BIRKEY, et al., Defendants. , C.D.Ill., November 2, 2009 Thomas William Smith, Jr., Canton, IL, pro se. Ellen C. Bruce, Illinois Attorney General, Springfield, IL, for Defendants. MEMORANDUM OPINION AND ORDER HAROLD A. BAKER, District Judge. Before the court are the defendants's summary judgment motion [47], the plaintiff's response [67] and the defendants' reply [69]. The defendants, RICHARD BIRKEY, BRUCE FISHER, CHARLOTTE GORDON, RICHARD HEITZ, EDWARD HUGGINS, DONALD HULICK, and AUSTIN RANDOLPH move for summary judgment pursuant to Federal R... UNITED STATES of America v. Roland BORRASI. , N.D.Ill., November 2, 2009 RULING ON DEFENDANT BORASSI'S MOTIONS FOR NEW TRIAL AND JUDGMENT OF ACQUITTAL WILLIAM J. HIBBLER, Judge. BACKGROUND This Court has received and reviewed defendant Borassi's motion for New Trial and for Judgment of Acquittal and Memorandum of Law In Support. The government has filed its response to the motions and the defense has filed its reply. The Court after due consideration of the motions rules as follows: The Court finds no significant errors in the factual allegations with regards to... Scott H. WEST, Plaintiff, v. ILLINOIS STATE BOARD OF EDUCATION, et al., Defendants. , N.D.Ill., November 2, 2009 MEMORANDUM OPINION AND ORDER MARVIN E. ASPEN, District Judge. Presently before us is a motion for summary judgment filed by Defendants Illinois State Board of Education ("ISBE"), Christopher A. Koch, Ethelene Ferdinand, Randy J. Dunn, Robert L. Wolfe, and Donald W. Evans. Defendants contend that Plaintiff Scott West's claims under the Americans with Disabilities Act ("ADA") are barred by his execution of a settlement agreement and at least in part by the applicable statute of limitations. The... Michael GILDENSTERN, Plaintiff, v. ABBOTT LABORATORIES, Defendant. , N.D.Ill., November 2, 2009 MEMORANDUM OPINION AND ORDER MILTON I. SHADUR, Senior District Judge. Michael Gildenstern ("Gildenstern") has brought a four-count Complaint against his former employer Abbott Laboratories ("Abbott"), charging that Abbott discriminated against him by imposing disparate discipline [FN1] because of his race (Caucasian) and national origin (United States of America) in violation of Title VII of the Civil Rights Act of 1991 ("Title VII," 42 U.S.C. §§ 2000e to 2000e-17) and 42 U.S.C. § 1981 ("Sec... UNITED STATES of America v. Wendy MAMOON. , N.D.Ill., November 2, 2009 Lisa Marie Noller, AUSA, Jeffrey Cramer, Joel M. Hammerman, United States Attorney's Office, Chicago, IL, for United States of America. RULING ON DEFENDANT MAMOON'S MOTIONS FOR NEW TRIAL AND JUDGMENT OF ACQUITTAL WILLIAM J. HIBBLER, District Judge. Defendant Wendy Mamoon by and through her attorney, Andrew Ittleman, has filed the above entitled motions after jury verdicts of guilty were returned against her in this case which arose out of an illegal patients-for-payment scheme. The United S... Nelson VELAZQUEZ, Plaintiff, v. OFFICE OF the ILINOIS SECRETARY OF STATE, Thomas Benigno, Brad Demuzzio, Stephan Roth, Mike Pippin and Steve Nash, Defendants. , N.D.Ill., November 2, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. I. BACKGROUND Plaintiff Nelson Velazquez is an adult Hispanic male and was formerly employed as a law enforcement officer for the Illinois Secretary of State. Plaintiff filed a complaint in this Court alleging race discrimination, a due process violation, and unlawful arrest. [FN1] Specifically, Plaintiff alleges in Count I that he was discriminated against because of his race on three occasions: (1) On September 26, 2007 when he wa... Donald TAYLOR, Plaintiff, v. WINTERS, et al., Defendants. , S.D.Ill., November 2, 2009 Donald Taylor, Royal Lakes, IL, Pro Se. MEMORANDUM AND ORDER HERNDON, Chief Judge. Plaintiff, an inmate at the Vandalia Correctional Center when he filed this action, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides: (a) Screening.--The court shall review, before docketing, if feasible or, in any event, as soon as practic... Soi Quay HOANG, Plaintiff, v. WORLDWIDE ASSET PURCHASING, LLC and Freedman, Anselmo, Lindberg & Rappe, LLC, Defendant. , S.D.Ill., November 2, 2009 Edgar E. Lim, E.E. Lim & Associates, St. Louis, MO, for Plaintiff. Kyle C. Barry, McGuire Woods LLP, Springfield, IL, for Defendant. MEMORANDUM and ORDER HERNDON, Chief Judge. I. Introduction Now before the Court is Defendant's May 18, 2009 motion to dismiss Plaintiff's complaint and request for sanctions (Doc. 14). Specifically, Defendant contends that the court should dismiss Plaintiff's complaint under Rule 12(b)(6) because Plaintiff's claims are time-barred by the Federal Debt Collect... Paul E. PODHORN, Jr., Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ill., November 2, 2009 Paul E. Podhorn, Jr., Fort Dix FCI, Fort Dix, NJ, pro se. MEMORANDUM AND ORDER GILBERT, District Judge. This cause is before the Court on Petitioner's application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner is confined at the Federal Correctional Institution located in Fort Dix, New Jersey (FCI-Fort Dix). He also has filed a motion for leave to proceed in forma pauperis (Doc. 3). "If a case is properly filed as an action under 28 U.S.C. §§ 2241, 2254, or 2255, it is... Timothy RADKE, etc., Plaintiff, v. UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN, et al., Defendants. , N.D.Ill., November 2, 2009 Larry D. Drury, James R. Rowe, Larry D. Drury, Ltd., Chicago, IL, for Plaintiff. MEMORANDUM OPINION AND ORDER MILTON I. SHADUR, Senior District Judge. Two Chicago practitioners seek to springboard from the recent circulation-booster of the Chicago Tribune--its repeated front-page publicity and the resulting furor about the so-called "clout list" that has affected college admissions at the University of Illinois ("University")--by turning the subject of that publicity into a federal case. Th... Steven C. BRENNER, Plaintiff, Counter-Defendant, v. Steven GREENBERG & Gary Weber, Defendants, Counter-Plaintiffs. , N.D.Ill., October 30, 2009 MEMORANDUM OPINION AND ORDER WILLIAM J. HIBBLER, District Judge. In his Fourth Amended Complaint, Steven Brenner alleges that in July 2007 he entered into an agreement ("the Settlement Agreement") with Defendants wherein he made a number of promises and released any claims he might raise against Defendants regarding a previous business relationship between the parties. Brenner alleges that Defendants breached the Settlement Agreement and, additionally, that Defendant committed slander. Defend... Robert WESTEFER, et al., Plaintiffs, v. Donald SNYDER, et al., Defendants. , S.D.Ill., October 30, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court on the motion in limine brought by Defendants Donald Snyder, Odie Washington, Michael V. Neal, George DeTella, Michael O'Leary, Thomas Page, Dwayne Clark, Rodney Ahitow, and Jerry Gilmore (Doc. 398). In the motion Defendants seek to exclude in limine various categories of evidence that may be offered at trial on the claims of retaliatory transfer to Tamms Correctional Center ("Tamms") asserted by Plaintiffs Mark Von ... JAY C., a Minor, and Mona W., Individually and as Parent and Next Friend of Jay C., Plaintiffs, v. BOARD OF EDUCATION OF THE CITY OF CHICAGO, Dist. 299, Defendant. , N.D.Ill., October 30, 2009 MEMORANDUM OPINION AND ORDER SUZANNE B. CONLON, District Judge. Jay C. and his mother Mona W. sue the Board of Education of the City of Chicago, District 299 ("the Board"), for attorney's fees and costs pursuant to the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1415. The underlying litigation was a special education due process hearing Mona requested on behalf of her son to challenge the Board's alleged failure to provide free appropriate public education under IDEA. Th... UNITED STATES of America, Plaintiff, v. Frank A. BUTERA, Defendant. , N.D.Ill., October 30, 2009 MEMORANDUM OPINION AND ORDER SUZANNE B. CONLON, District Judge. Before the court is Frank Butera's pro se motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. For the following reasons, the motion is denied. BACKGROUND The following facts are drawn from the Seventh Circuit opinion affirming Butera's conviction. Butera owned and operated two small trucking companies and several phony trucking companies. In 1998, he began submitting fraudulent invoices to one of ... Shacarlia B. ROBINSON, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. , N.D.Ill., October 30, 2009 Holding: The District Court, Elaine E. Bucklo, J., held that ALJ's failure to consider claimant's syringomyelia required remand. Ordered accordingly. Barry Alan Schultz, Law Offices of Barry Schultz, Evanston, IL, for Plaintiff. Donald R. Lorenzen, AUSA-SSA, United States Attorney's Office, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER ELAINE E. BUCKLO, District Judge. Plaintiff Shacarlia Robinson ("Robinson") brought this action against the Commissioner ("the Commissioner... Dion Paul BUTLER, Plaintiff, v. ILLINOIS DEPARTMENT OF TRANSPORTATION, Defendant. , N.D.Ill., October 30, 2009 Amy Joan Thompson, Cynthia Hannan Alkhouja, Donald Patrick Eckler, Pretzel & Stouffer, Chtd., Chicago, IL, for Plaintiff. Maisha N. Shaw, Illinois Attorney General's Office, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER ELAINE E. BUCKLO, District Judge. Plaintiff, a highway maintainer diagnosed with post-traumatic stress disorder ("PTSD"), sued his former employer, The Illinois Department of Transportation ("IDOT"), alleging violations of the Americans with Disabilities Act ("... John T. ("TOM") MINEMYER, Plaintiff, v. B-ROC REPRESENTATIVES, INC., et al., Defendants. , N.D.Ill., October 29, 2009 MEMORANDUM OPINION RE: MOTIONS IN LIMINE COLE, United States Magistrate Judge. Motion # 210 Defendants move to exclude testimony or evidence relating to claims 10 and 13-15 of plaintiff's patent. In the Memorandum Opinion and Order on defendants' motion for summary on plaintiff's charges of patent infringement, those claims were found to be invalid under the on-sale bar of 35 U.S.C. § 102(b). (Pgs.8-16). Therefore, the motion [# 210] is moot. Motion # 211 Defendants move to exclude testimo... UNITED STATES of America v. Ariel MEDLOCK. , N.D.Ill., October 29, 2009 MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. This matter is before the Court upon Petitioner Ariel Medlock's ("Medlock") pro se Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. Section 2255. BACKGROUND On August 3, 2006, Medlock was charged with one count of conspiring with others to possess with intent to distribute and to distribute over 5 kilograms of cocaine, in violation of 21 U.S.C. § 846. Medlock, who is thirty-four years old and completed two ye... Norma J. BURKITT, Plaintiff v. NECA-IBEW WELFARE TRUST FUND, Defendant. , C.D.Ill., October 29, 2009 Joseph P. Gilfillan, Cusack Fleming Gilfillan & O'Day, Peoria, IL, for Plaintiff. Patrick J. O'Hara, Cavanagh & O'Hara, Springfield, IL, for Defendant. ORDER JOHN A. GORMAN, United States Magistrate Judge. The parties have consented to have this case heard to judgment by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c), and the District Judge has referred the case to me. Now before the court are the parties' cross motions for summary judgment (Docs. 5 and 8). As explained ... Anthony CONLEY, Plaintiff, v. Lois MATHES, et al., Defendants. , C.D.Ill., October 29, 2009 Anthony Conley, Danville, IL, pro se. MERIT REVIEW ORDER # 2 HAROLD A. BAKER, District Judge. This cause is before the court for merit review of the plaintiff's amended complaint. The court dismissed the plaintiff's original complaint as a violation of Rules 8, 18 and 20 of the Federal Rules of Civil Procedure. See September 21, 2009 Merit Review Order. The court gave the plaintiff an opportunity to file an amended complaint that clearly set out his claims against his intended defendant... Lynn M. SISUL, Plaintiff, v. Michael J. ASTRUE, Commissioner Of Social Security, Defendant. , C.D.Ill., October 29, 2009 Michael Depree, Bowman & Depree, Davenport, IA, for Plaintiff. Gerard A. Brost, U.S. Atty., Peoria, IL, for Defendant. ORDER & OPINION JOE BILLY McDADE, District Judge. Before the court are Plaintiff's Motion for Summary Judgment, filed on February 27, 2009 (Doc. 11) and Defendant's Motion for Summary Affirmance, filed on May 12, 2009 (Doc. 13). For the reasons stated below, Plaintiff's Motion for Summary Judgment is granted in part, and Defendant's Motion for Summary Affirmance is denie... UNITED STATES of America, Plaintiff, v. Anthony REDMOND, Defendant. , N.D.Ill., October 29, 2009 MEMORANDUM OPINION AND ORDER MATTHEW F. KENNELLY, District Judge. Anthony Redmond has filed a pro se motion under 28 U.S.C. § 2255 seeking to vacate his conviction and sentence for armed robbery and related offenses. For the reasons stated below, the Court denies his motion. Background Anthony [FN1] and Tracy Redmond were charged along with other defendants in a three-count indictment. Count one charged the defendants with conspiracy to violate the Hobbs Act, 18 U.S.C. § 1951 by robbing an... HARKEN FINANCIAL SERVICES, Plaintiff, v. BROADRIDGE FINANCIAL SOLUTIONS, INC., Broadridge Securities Processing Solutions, Inc., Ridge Clearing and Outsourcing, Inc., Defendants. , N.D.Ill., October 29, 2009 MEMORANDUM OPINION AND ORDER AMY J. ST. EVE, District Judge. For the following reasons, the Court grants Defendants Broadridge Financial Solutions, Inc. ("BFS") and Ridge Clearing and Outsourcing, Inc.'s ("Ridge") Motion to Dismiss the Complaint ("Motion to Dismiss") without prejudice. BACKGROUND Plaintiff Harken Financial Services ("Harken") is a company that developed a Federal Deposit Insurance Corporation ("FDIC") Insured Bank Deposit Program (the "Program") to allow Harken's clients, p... UNITED STATES of America, Plaintiff, v. Khalil SARRAJ, Defendant. , N.D.Ill., October 29, 2009 MEMORANDUM OPINION AND ORDER VIRGINIA M. KENDALL, District Judge. Defendant Khalil Sarraj ("Sarraj") is indicted for being a convicted felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). He moves for modification of the Seventh Circuit's pattern jury instructions for § 922(g) offenses. Sarraj argues that the pattern instructions do not account for his particular circumstance, in that the firearm which he possessed was a "prop" weapon owned by the Bureau of Alcohol, Tobacco... PACIFIC EMPLOYERS INSURANCE COMPANY, et al., Plaintiffs, v. CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. and Clean Harbors, Inc, Defendants and Third-Party Plaintiffs, v. National Union Fire Insurance Company of Pittsburgh, PA, Third-Party Defendan, N.D.Ill., October 29, 2009 MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. Third-Party Defendant National Union Fire Insurance Company of Pittsburgh, PA ("National Union"), pursuant to Fed.R.Civ.P. 12(c), has moved for judgment on the pleadings against Defendant and Third-Party Plaintiff Clean Harbors Environmental Services, Inc. ("Clean Harbors"). In response, Clean Harbors filed an affidavit pursuant to Fed.R.Civ.P. 56(f), asking this Court to deny the 12(c) motion as premature or to grant a continuance,... Bruce WASHINGTON, Plaintiff, v. ASSOCIATION FOR INDIVIDUAL DEVELOPMENT, Defendant. , N.D.Ill., October 29, 2009 MEMORANDUM OPINION AND ORDER JOHN W. DARRAH, District Judge. Plaintiff, Bruce Washington, brought suit against the Association for Individual Development ("AID" or "Defendant") alleging that his termination violated state and federal law and that AID owed him wages for hours worked. Before the Court is Defendant's motion to dismiss and for a more definite statement. BACKGROUND The following background is taken from Plaintiff's Complaint, the factual allegations of which are accepted as true... WILBERT FUNERAL SERVICES, INC., Plaintiff, v. WILBERT OF BIRMINGHAM, LLC, Defendants. , N.D.Ill., October 29, 2009 OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. Wilbert of Birmingham, LLC ("WOB") originally filed an action against Wilbert Funeral Services, Inc. ("Wilbert") in the United States District Court for the Northern District of Alabama, alleging that Wilbert improperly terminated the parties' licensing agreement, which granted WOB the right to use Wilbert's intellectual property. Pursuant to a forum-selection clause in the licensing agreement, Wilbert filed a motion to transfer venue to... IP INNOVATION LLC et al, Plaintiffs, v. MITSUBISHI ELECTRIC CORPORATION, et al., Defendants. , N.D.Ill., October 29, 2009 MEMORANDUM OPINION SAMUEL DER-YEGHIAYAN, District Judge. This matter is before the court on the claim construction of certain disputed claims in United States Patents No. 6,870,964 ('964 Patent) and No. 7,382,929 ('929 Patent). We construe the disputed claims as stated below. BACKGROUND Plaintiff IP Innovation LLC (IPI) and Plaintiff Technology Licensing Corporation contend that they have the exclusive right, title and interest in the '964 Patent and the '929 Patent. Plaintiffs contend that... UNITED STATES of America v. Brian K. LILLIE. , N.D.Ill., October 29, 2009 MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Before the Court is the Government's Santiago Proffer [43], which describes the Government's basis for asserting the existence of a conspiracy or joint venture between Defendant Brian K. Lillie ("Lillie") and Andre D. Johnson ("Johnson"). Through its Santiago Proffer, the Government proposes to offer evidence of co-conspirator statements made by Johnson against Lillie under Federal Rule of Evidence 801(d)(2)(E). Lillie has filed... George Ellis SIMMONS, Plaintiff, v. Kevin GILSON, et al., Defendants. , C.D.Ill., October 29, 2009 George Ellis Simmons, Canton, IL, pro se. Ryan A. Nelson, Illinois Attorney General, Springfield, IL, Theresa M. Powell, Heyl Royster Voelker & Allen, Springfield, IL, for Defendants. MEMORANDUM OPINION AND ORDER HAROLD A. BAKER, District Judge. Before the court are the defendants, David Hopkin, Patabandula, and Shaw's summary judgment motion [32], the plaintiff's response [39], the defendants, Kevin Gilson and John Sisson's summary judgment motion [44] and the defendant, Shaffer's m... Allan P. AUSTIN, Petitioner, v. Anthony A. RAMOS, Warden, and Attorney General of the State of Illinois, Respondent. , C.D.Ill., October 29, 2009 Allan P. Austin, Joliet, IL, pro se. ORDER & OPINION JOE BILLY McDADE, District Judge. Petitioner, Allan Austin, who is an inmate at Stateville Correctional Center in Joliet, Illinois, originally filed the instant habeas petition under 28 U.S.C. § 2254 in the Northern District of Illinois. On October 23, 2009, Judge Charles Norgle, Sr ., transferred this case to this Court because the court of Petitioner's state conviction is in McLean County, Illinois, which is within the Central District ... Mary BOHR, Plaintiff, v. CORRIGAN MOVING SYSTEMS, et al., Defendants. , N.D.Ill., October 29, 2009 MEMORANDUM OPINION AND ORDER GEORGE W. LINDBERG, Senior District Judge. On July 16, 2009, Mary Bohr filed a complaint against Corrigan Moving Systems and Larry Stein alleging violations of the Fair Labor Standards Act ("FLSA"), the Illinois Minimum Wage Law ("IMWL"), and the Illinois Wage Payment and Collection Act ("IWPCA"). Defendant Stein moved to dismiss plaintiff's complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons discussed below, defendant Stein's motion to... UNITED STATES of America v. Brian K. LILLIE. , N.D.Ill., October 28, 2009 Timothy John Chapman, AUSA, United States Attorney's Office, Chicago, IL, for Plaintiff. MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. The Court has before it the Government's motion in limine [52] to preclude Defendant Brian K. Lillie ("Lillie") from arguing, or otherwise presenting evidence suggesting, that he did not act with intent to defraud because he made false statements in good faith or with other beneficial motivation. For the reasons stated below, government's ... Lorry M. BARNES, Plaintiff, v. UNITED STATES of America, Defendant. , C.D.Ill., October 28, 2009 Lorry M. Barnes, Dalzell, IL, pro se. Joseph R. Rodriguez, Pamela Grewal, U.S. Dept. of Justice--Tax Division, Washington, DC, Gerard A. Brost, U.S. Atty., Peoria, IL, for Defendant. OPINION & ORDER JOE BILLY McDADE, District Judge. Before the Court is Defendant United States' Motion to Dismiss (Doc. 6), which this Court has converted into a Motion for Summary Judgment. For the reasons that follow, the Motion is GRANTED. BACKGROUND This case originated in the Circuit Court of Bureau Co... UNITED STATES of America, Plaintiff, v. Keith Bennett JOHNSON, Defendant. , C.D.Ill., October 28, 2009 Eugene L. Miller, Urbana, IL, for Plaintiff. ORDER HERNDON, District Judge. I. Introduction and Background This matter is before the Court on Defendant Keith Bennett Johnson's pro se motion for dismissal (Doc. 15) of the indictment. The Government has filed a response opposing the motion (Doc. 17). Based on the following, the Court DENIES Defendant's motion. On July 7, 2009, the grand jury indicted Keith Bennett Johnson with retaliation against a federal employee by filing a false lien in... UNITED STATES of America, Plaintiff, v. Howard BAKER, Defendant. , C.D.Ill., October 28, 2009 Ronda H. Coleman, U.S. Atty, Urbana, IL, for Plaintiff. Neill Schurter, Rantoul, IL, for Defendant. OPINION MICHAEL P. McCUSKEY, Chief Judge. This case is before the court for ruling on the Government's Motion in Limine to Allow Defendant's Prior Convictions for Impeachment Purposes Pursuant to Rule 609(# 16) and the Motion in Limine (# 28) filed by Defendant, Howard Baker. In his Motion (# 28), Defendant is seeking to bar the presentation of all of the evidence proposed in the Governmen... TABFG, LLC, Plaintiff, v. Richard PFEIL, Defendant. , N.D.Ill., October 28, 2009 MEMORANDUM OPINION AND ORDER ROBERT W. GETTLEMAN, District Judge. Plaintiff TABFG, LLC has brought a four count First Amended Complaint ("Amended Complaint") against defendant Richard Pfeil ("Pfeil") alleging conversion, tortious interference with contractual relations, conspiracy and punitive damages. Defendant Pfeil has moved to dismiss under Fed.R.Civ.P. 12(b)(6) for failure to state a claim and to strike certain allegations under Fed.R.Civ.P. 12(f). For the reasons stated below, defendan... Gloria VILLANUEVA, Plaintiff, v. VILLAGE DISCOUNT OUTLET, INC., Defendant. , N.D.Ill., October 28, 2009 MEMORANDUM OPINION AND ORDER MILTON I. SHADUR, Senior District Judge. Gloria Villanueva ("Villanueva") has sued her former employer, Village Discount Outlet, Inc. ("Village Discount"), asserting charges of national origin discrimination, retaliatory discharge and hostile work environment in violation of Title VII of the Civil Rights Act of 1964 ("Title VII," 42 U.S.C. §§ 2000e to 2000e-17) and retaliatory discharge for reporting illegal business activities in violation of Illinois law. Villag... Robert BLOCKINGER and Brooke Blockinger, Plaintiffs, v. REACH MEDICAL HOLDINGS, INC., Air Angels, Inc., Philip D. Huth, Craig Rundle, Michael S. Dermont, and Richard D. Hoffman, Defendants. , N.D.Ill., October 28, 2009 MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Before the Court is Plaintiffs' motion to remand [16] this case to the Circuit Court of Cook County. For the reasons stated below, Plaintiffs' motion [16] is granted. I. Background On October 15, 2008, a helicopter flown by Delbert Lee Waugh, and operated by Air Angels, Inc., struck a tower in Aurora, Illinois and crashed. Everyone in the helicopter died in the crash, including Kristin Blockinger, a minor child who was a pass... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. WILDWOOD INDUSTRIES, INC., Defendant. , C.D.Ill., October 28, 2009 Jeanne B. Szromba, John C. Hendrickson, Diane I. Smason, Diane Ilene Smason, United States Equal Employment Opportunity Commission, Chicago, IL, for Plaintiff. Jeffrey D. Richardson, Decatur, IL, for Defendant. OPINION & ORDER JOE BILLY McDADE, District Judge. This matter is before the Court on the parties' October 6, 2009 Joint Motion for Entry of Consent Decree, to which their proposed Consent Decree is attached as an exhibit. (Doc. 30). In its First Amended Complaint, the Equal Employ... UNITED STATES of America, Plaintiff, v. Brian A. ANNORENO, Defendant. , N.D.Ill., October 28, 2009 MEMORANDUM OPINION AND ORDER JAMES B. ZAGEL, District Judge. The matter here is whether all of Brian Annoreno's statements to law enforcement officers are admissible. On January 8, 2006, agents, with appropriate warrants, searched his residence and arrested him for child pornography offenses. He came into custody at 3:40 in the afternoon, was transported to the Bartlett, Illinois Police Department where he was given Miranda warnings and, shortly before 4:00 p.m., signed a Miranda waiver form.... Frederick J. GREDE, as Chapter 11 Trustee for Sentinel Management Group, Inc., Plaintiff, v. FORTIS CLEARING AMERICAS LLC, Defendant. , N.D.Ill., October 28, 2009 Jeffrey Scott Eberhard, Catherine L. Steege, Chris C. Gair, Christine L. Childers, Vincent E. Lazar, Jenner & Block LLP, Chicago, IL, for Plaintiff. Stephen Patrick Bedell, Jill L. Murch, Joanne Lee, Thomas Paul Krebs, William J. McKenna, Jr., Foley & Lardner, Robert V. Shannon, McGuirewoods, LLP, United States Trustee, Office of the United States Trustee, John H. Squires, Kenneth S. Gardner, United States Bankruptcy Court, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER JAMES B. ... BPI ENERGY, INC., Plaintiff, v. IEC (MONTGOMERY), LLC, et al., Defendants. , S.D.Ill., October 28, 2009 James L. Van Winkle, Van Winkle & Van Winkle, McLeansboro, IL, Christopher Ellis, Jon D. Robinson, Bolen, Robinson, et al., Decatur, IL, Eric D. Holland, Gerard B. Schneller, Steven J. Stolze, Holland, Groves et al., St. Louis, MO, for Plaintiff. J. Gregory Copeland, Paul R. Elliott, Jennifer A. Powis, Tracy N. Leroy, Baker Botts, LLP, Houston, TX, Scott C. Helmholz, Bailey & Glasser, LLP, Springfield, IL, William A. Davis, Starnes Atchison LLP, Birmingham, AL, Gordon R. Broom, Edwardsville,... UNITED STATES of America, Plaintiff, v. Thomas J. SELLERS, et al., Defendant. , S.D.Ill., October 28, 2009 ORDER HERNDON, Chief Judge. Before the Court is Defendant Thomas J. Seller's motion to continue (Doc. 425). Defendant argues that there are over two thousand (2,000) pages of discovery and that his attorney has not had adequate time to prepare for trial in this case. Defendant further states that the trial in this matter is expected to take two to three weeks and Defendant's attorney is set for a trial in December that will conflict with this matter's currently scheduled trial. The Court, be... Curtis JONES, et al., Plaintiffs, v. Chicago Police Officers Robert REID (# 17285), et al., Defendants. , N.D.Ill., October 28, 2009 MEMORANDUM OPINION AND ORDER MILTON I. SHADUR, Senior District Judge. This Court's September 2, 2009 minute order approving the parties' jointly submitted Final Pretrial Order ("FPTO") also established a timetable for their respective motions in limine that required resolution in anticipation of trial, some such motions having been identified in the FPTO and others to be filed thereafter. This memorandum opinion and order deals with defendants' motions in limine filed September 30, to which p... Agnes WISE, Plaintiff, v. BLAIR LLC, Defendant. , S.D.Ill., October 28, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. The Court has reviewed sua sponte the allegations of federal subject matter jurisdiction contained in the Notice for Removal in this cause. See Wisconsin Knife Works v. National Metal Crafters, 781 F.2d 1280, 1282 (7th Cir.1986); Ball v. Ball, Civil No. 09-405-GPM, 2009 WL 1515299, at *1 (S.D. Ill. June 1, 2009); GE Commercial Distrib. Fin. Corp. v. Buchanan, Civil No. 08-778-GPM, 2009 WL 909527, at *1 (S.D.Ill. Apr. 1, 2009). Cf. Asperger v. Shop ... Eiad BARGHOUTI, Plaintiff, v. D. HOLDER, et al., Defendants. , S.D.Ill., October 28, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. Plaintiff, an inmate currently confined at the Stateville Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides: (a) Screening.--The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil ... UNITED STATES GYPSUM COMPANY, Plaintiff v. LAFARGE NORTH AMERICA INC., Lafarge S.A., David Downs, John D. Yockey, Ed Green, William Hartford, Walter Weldon, Kurt F. Kurzshak, and Sidney Spear, Defendants. , N.D.Ill., October 27, 2009 H. Michael Hartmann, Aaron Ross Feigelson, Bruce Michael Gagala, David M. Airan, Eley O. Thompson, John Patrick Snow, Kevin Cassidy Keenan, Mark E. Phelps, Paul J. Filbin, Paul J. Korniczky, Salim Arif Hasan, Wesley Otto Mueller, Leydig, Voit & Mayer, Ltd., Chicago, IL, for Plaintiff. John W. Treece, Benedict Francis Frey, Douglas I. Lewis, Eric Stephen Mattson , Linda Robin Friedlieb, Paul E. Veith, Rachel D. Sher, Richard J. O'Brien, Robert N. Hochman, Sidley Austin LLP, Seth A. Travis, ... UNITED STATES GYPSUM COMPANY, Plaintiff v. LAFARGE NORTH AMERICA INC., Lafarge S.A., David Downs, John D. Yockey, Ed Green, William Hartford, Walter Weldon, Kurt F. Kurzshak, and Sidney Spear, Defendants. , N.D.Ill., October 27, 2009 H. Michael Hartmann, Aaron Ross Feigelson, Bruce Michael Gagala, David M. Airan, Eley O. Thompson, John Patrick Snow, Kevin Cassidy Keenan, Mark E. Phelps, Paul J. Filbin, Paul J. Korniczky, Salim Arif Hasan, Wesley Otto Mueller, Leydig, Voit & Mayer, Ltd., Chicago, IL, for Plaintiff. John W. Treece, Benedict Francis Frey, Douglas I. Lewis, Eric Stephen Mattson, Linda Robin Friedlieb, Paul E. Veith, Rachel D. Sher, Richard J. O'Brien, Robert N. Hochman, Sidley Austin LLP, Seth A. Travis, Cha... UNITED STATES GYPSUM COMPANY, Plaintiff v. LAFARGE NORTH AMERICA INC., Lafarge S.A., David Downs, John D. Yockey, Ed Green, William Hartford, Walter Weldon, Kurt F. Kurzshak, and Sidney Spear, Defendants. , N.D.Ill., October 27, 2009 H. Michael Hartmann, Aaron Ross Feigelson, Bruce Michael Gagala, David M. Airan, Eley O. Thompson, John Patrick Snow, Kevin Cassidy Keenan, Mark E. Phelps, Paul J. Filbin, Paul J. Korniczky, Salim Arif Hasan, Wesley Otto Mueller, Leydig, Voit & Mayer, LTD., Chicago, IL, for Plaintiff. John W. Treece, Benedict Francis Frey, Douglas I. Lewis, Eric Stephen Mattson, Linda Robin Friedlieb, Paul E. Veith, Rachel D. Sher, Richard J. O'Brien, Robert N. Hochman, Sidley Austin LLP, Seth A. Travis, Cha... John T. ("TOM") MINEMYER, Plaintiffs, v. B-ROC REPRESENTATIVES, INC., et al., Defendants. , N.D.Ill., October 27, 2009 Eugene Frederic Friedman, Gail Tuler Friedman, Friedman & Friedman, Ltd., Douglas Mason Chalmers, Douglas M. Chalmers P.C., Chicago, IL, for Plaintiffs. Anna B. Folgers, Matthew G. McAndrews, Niro, Scavone, Haller & Niro, Natalie J. Spears, Jacque Pierre McCray, Sonnenschein, Nath & Rosenthal, LLP, Chicago, IL, Adam C. Rehm, Bryan P. Stanley, Matthew L. Faul, Teresa Ann Ascencio, Sonnenschein Nath & Rosenthal LLP, Kansas City, MO, for Defendants. MEMORANDUM OPINION AND ORDER COLE, United S... TAS DISTRIBUTING COMPANY, INC., Plaintiff, v. CUMMINS, INC., Defendant. , C.D.Ill., October 27, 2009 Daniel J. Voelker, Jacob D. Koering, Jeffrey L. Dorman, Paul A. Duffy, Freeborn & Peters, Chicago, IL, Timothy L. Bertschy, Heyl Royster Voelker & Allen, Peoria, IL, for Plaintiff. Jeanne Marie Gills, Peter G. Hawkins, Aaron J. Weinzierl, Jonathan R. Spivey, Heidi L. Belongia, Foley & Lardner, Chicago, IL, David G. Lubben, Davis & Campbell LLC, Peoria, IL, for Defendant. ORDER JOE BILLY McDADE, District Judge. Before the Court is TAS' motion (Doc. 148) under F.R.C.P. 59(e) for reconsider... TAS DISTRIBUTING CO., Plaintiff v. CUMMINS INC., Defendant. , C.D.Ill., October 27, 2009 Daniel J. Voelker, Jacob D. Koering, Jeffrey L. Dorman, Paul A. Duffy, Freeborn & Peters, Chicago, IL, Timothy L. Bertschy, Heyl Royster Voelker & Allen, Peoria, IL, for Plaintiff. Jeanne Marie Gills, Peter G. Hawkins, Aaron J. Weinzierl, Heidi L. Belongia, Jonathan R. Spivey, Foley & Lardner, Chicago, IL, David G. Lubben, Davis & Campbell LLC, Peoria, IL, for Defendant. ORDER JOE BILLY McDADE, District Judge. Now before this Court is the Defendant's Motion to Strike or for Summary Judgm... Kolawole SMITH, Plaintiff, v. HILTON CHICAGO O'HARE, Chicago Police Department, Ray Avery, Christian Smith, Erald Nikolla, Aristo Aguilar, Javier Castrevon, Leonard Rago, Darrin Vestosky, and Joven Bergantinos, Defendants. , N.D.Ill., October 27, 2009 MEMORANDUM OPINION AND ORDER GEORGE M. MAROVICH, District Judge. Frequent litigator Kowalowe Smith ("Smith") has filed about a dozen complaints in this district since the beginning of 2008. He brings this case against defendants Hilton Chicago O'Hare Airport ("Hilton"), the Chicago Police Department, Ray Avery ("Avery"), Christian Smith, Erald Nikolla ("Nikolla"), Aristo Aguilar ("Aguilar"), Javier Castrevon ("Castrevon"), Leonard Rago ("Rago"), Darrin Vestosky ("Vestosky") and Joven Berganti... UNITED STATES v. Brian BURNS. , N.D.Ill., October 27, 2009 MEMORANDUM OPINION & ORDER JOAN B. GOTTSCHALL, District Judge. A jury convicted Brian Burns of two violations of 18 U.S.C. § 2252A(a)(2)(A) for receiving and distributing child pornography. The court heard witnesses and victim impact testimony relevant to sentencing on August 3, 2009; the parties presented further testimony to the court at a hearing held August 14, 2009. The court heard arguments and Burns's allocution at the sentencing hearing held on October 16, 2009. This order deter... Anwar IQBAL, Plaintiff, v. B & R OIL COMPANY, INC., Defendant. , N.D.Ill., October 27, 2009 MEMORANDUM OPINION AND ORDER GEORGE W. LINDBERG, Senior District Judge. On March 4, 2009, plaintiff Anwar Iqbal filed a complaint against defendant B & R Oil Company, Inc., seeking money damages and an injunction based on defendant's purported violations of the parties' marketing agreement. Plaintiff alleged breach of contract (count I), breach of the implied covenant of good faith and fair dealing (count II), violation of the Petroleum Marketing Practices Act (count III), and violation of th... Corine PITZER, Plaintiff, v. CITY OF EAST PEORIA, ILLINOIS, et al., Defendants. , C.D.Ill., October 27, 2009 ORDER JOE BILLY McDADE, District Judge. This matter is before the Court on Plaintiff's Motion for Order Establishing Briefing Schedule on Motion to Dismiss Second Amended Complaint or Leave to File Second Amended Complaint, filed on October 6, 2009. (Doc. 50). Plaintiff seeks leave to file her Second Amended Complaint in the interests of clarity, and because amendment could be required under the pleading standard of Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009). The Court agrees that, given this m... John T. ("Tom") MINEMYER, Plaintiffs, v. B-ROC REPRESENTATIVES, INC., et al., Defendants. , N.D.Ill., October 27, 2009 Eugene Frederic Friedman, Gail Tuler Friedman, Friedman & Friedman, Ltd., Douglas Mason Chalmers, Douglas M. Chalmers P.C., Chicago, IL, for Plaintiffs. Paul K. Vickrey, Anna B. Folgers, Matthew G. McAndrews, Nicholas M. Dudziak, Niro, Scavone, Haller & Niro, Ltd., Natalie J. Spears, Jacque Pierre McCray, Sonnenschein, Nath & Rosenthal, LLP, Chicago, IL, Adam C. Rehm, Bryan P. Stanley, Matthew L. Faul, Teresa Ann Ascencio, Sonnenschein Nath & Rosenthal LLP, Kansas City, MO, for Defendants. ... UNITED STATES of America, Plaintiff, v. Jon BURGE, Defendant. , N.D.Ill., October 27, 2009 OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. On October 16, 2008, Jon Burge, a commander within the Chicago Police Department ("the Department") during the 1980s and early 1990s, was indicted based on allegedly false interrogatory answers he submitted in Hobley v. Jon Burge, et al., No. 03 C 3678, a civil rights case filed in this court (referred to herein as "Hobley" ). The two sets of interrogatories at issue concerned Burge's participation in and knowledge of an alleged pattern ... In the Matter of NATIONAL MAINTENANCE & REPAIR, INC., as owner pro hac vice of spudded crane barge BB-1 for exoneration from or limitation of liability, Plaintiff. , S.D.Ill., October 27, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on Shannon Blair and Robert Vandygriff's Motions (Docs.17, 22) to dissolve the Court's injunction and to abstain from this matter pending state court determination of liability and damages. On September 11, 2009, the Court enjoined all claims and proceedings against Plaintiff National Maintenance & Repair, Inc. (hereinafter "National Maintenance") with respect to an incident involving its barge, BB-1, on ... In the Matter of NATIONAL MAINTENANCE & REPAIR, INC., as owner pro hac vice of spudded crane barge BB-1 for exoneration from or limitation of liability, Plaintiff. , S.D.Ill., October 27, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on Shannon Blair and Robert Vandygriff's Motions to Modify Security and Vacate Injunction (Docs.14, 23). On September 11, 2009, the Court ordered that the sum of $830,000, which represents the appraised value of Plaintiff National Maintenance & Repair, Inc.'s (hereinafter "National Maintenance") barge BB-1, with interest at the rate of six percent (6%) per annum from the date of National Maintenance's ... Claxton H. WILLIAMS, Jr., Plaintiff, v. Rod R. BLAGOJEVICH, et al., Defendants. , S.D.Ill., October 27, 2009 ORDER CLIFFORD J. PROUD, United States Magistrate Judge. Before the Court is plaintiff's motion for a "temporary restraining order/preliminary injunction." (Doc. 93). Plaintiff seeks: (1) the return of various legal papers, including the defendants' pending motion for summary judgment and some draft documents; (2) the return of approximately 20 "legal books;" (3) an end to alleged retaliation for filing the subject action; (4) an end to the denial of medical treatment, ordering plaintiff to b... James BRENEISEN, Jr. et al., Plaintiff, v. MOTOROLA, INC. et al., Defendant. , N.D.Ill., October 27, 2009 George S. Bellas, Robert A. Clifford, Clifford Law Offices, P.C., Mark J. Vogg, Williams, Montgomery & John, Ltd., Patrick E. Mahoney, Patrick Mahoney & Associates, Chicago, IL, Peter Thomas Shovlain, Peter T. Shovlain, Attorney at Law, San Diego, CA, for Plaintiffs. Michael A. Warner, Joan E. Gale, Noah A. Finkel, Scott A. Carlson, Susan F. Gallagher, Theresa Robbins Shea, Seyfarth Shaw LLP, Chicago, IL, Christopher Lawrence Casazza, Morgan Lewis, Attorneys at Law, New York, NY, for Defenda... Bernard GOWDY, Plaintiff, v. CALIBER AUTO TRANSFER OF ST. LOUIS, INC., Caliber Management, Inc., Caliber Auto Transfer Companies, unincorporated entity acting as a partner, Caliber Auto Transfer, Inc., and Scott Davenport, Defendants. , S.D.Ill., October 27, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court on the motion for remand of this case to state court for lack of federal subject matter jurisdiction brought by Plaintiff Bernard Gowdy (Doc. 19). In this case Gowdy alleges that, as a result of various kinds of misconduct, including deliberate misrepresentations, by Defendants Caliber Auto Transfer of St. Louis, Inc. ("Caliber St. Louis"), Caliber Management, Inc. ("Caliber Management"), Caliber Auto Transfer Compan... Robert E. EGGMANN, in his capacity as Trustee of the Estate of Joseph W. Diekemper and Margaret A. Diekemper, Plaintiff, v. James Richard MYERS, et al., Defendants. , S.D.Ill., October 27, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on the Report and Recommendation ("R & R") (Doc. 81) of Magistrate Judge Philip M. Frazier recommending that the Court grant in part and deny in part Plaintiff Robert Eggman's Motions to Strike (Docs.67, 69). The time for objections has passed, and no objections have been filed. After reviewing a report and recommendation, the Court may accept, reject or modify, in whole or in part, the findings or re... Randy Wayne RILEY, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ill., October 27, 2009 ORDER AND MEMORANDUM REAGAN, District Judge. I. Introduction and Background Now before this Court is Randy Wayne Riley's petition to vacate, set aside or correct sentence under 28 U.S.C. § 2255. Analysis of the petition begins with an overview of the procedural history of the underlying criminal case (Case No. 06-cr-30103-MJR). On May 3, 2006, a grand jury charged Riley by Indictment with being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2), and wi... John DREWS, Invirion Diagnostics, LLC, and Invirion Spain, LLC, Plaintiffs, v. Bruce PATTERSON and Invirion, Inc., Defendants. , N.D.Ill., October 27, 2009 William Yu, Daniel Long Farris, Jennifer Riccolo Debower, John Yo- Hwan Lee, Hinshaw & Culbertson, Chicago, IL, for Plaintiffs. Patrick E. Gibbs, Latham & Watkins LLP, Menlo Park, CA, Timothy Bunker Hardwicke, Robert C. Levels, Latham & Watkins LLP, Chicago, IL, for Defendants. MEMORANDUM OPINION AND ORDER ROBERT W. GETTLEMAN, District Judge. Plaintiffs John Drews ("Drews"), Invirion Diagnostics, LLC ("ID"), and Invirion Spain, LLC ("IS") (collectively, "plaintiffs") have brought an eigh... TAS DISTRIBUTING CO., Plaintiff v. CUMMINS INC., Defendant. , C.D.Ill., October 27, 2009 ORDER JOHN A. GORMAN, United States Magistrate Judge. Before the Court is Cummins' motion (contained as one part of Document # 157) to strike the errata sheets prepared by two deponents, Harvey Slepian and Loran Sutton. As explained herein, that motion is DENIED. A deponent is authorized to review a deposition transcript and "if there are changes in form or substance, to sign a statement listing the changes and the reasons for making them." Fed.R.Civ.P. 30(e)(1)(B). There are two lines of... BANK OF NEW YORK, Plaintiff, v. JOHN-OSIRUS, of the Family Jones-EL, John Woodward, and J. Jones-EL, Defendants. , N.D.Ill., October 27, 2009 OPINION AND ORDER WILLIAM T. HART, District Judge. Plaintiff the Bank of New York Mellon (formerly known as the Bank of New York) acting as the trustee of certain certificate holders (the "Bank") brought a suit in the Circuit Court of Cook County, Illinois in which it seeks to quiet title as to a residential property located in Chicago, Illinois. The subject property was the security for a mortgage that the Bank previously foreclosed upon in an action in the same court. One named defendant is... 360NETWORKS TENNESSEE, LLC, formerly known as IC Fiber Tennessee, LLC, Plaintiff, v. ILLINOIS CENTRAL RAILROAD COMPANY, an Illinois corporation, Defendant. , N.D.Ill., October 26, 2009 MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. This case arises out of a fiber optic cable installation project along a railroad right-of-way. The parties dispute who must bear the substantial cost of relocating the cable due to the reconstruction of old and decaying timber bridges between Chicago and New Orleans. Plaintiffs 360networks Mississippi, LLC, 360networks Tennessee, LLC, and 360networks Louisiana, LLC have moved for partial summary judgment on liability [111]. For... Jeff D. PARKER, Plaintiff, v. CINCINNATI, INCORPORATED, a foreign corporation, et al., Defendants. , C.D.Ill., October 26, 2009 Steven W. Berg, Berg Robeson & Connor PC, Springfield, IL, Darren Keith Short, Short Law Offices PC, Edwardsville, IL, Noel L. Smith, Hazlett & Short P.C., Shiloh, IL, for Plaintiff. Russell L. Reed, Hinshaw & Culbertson, Springfield, IL, Steven H. Ray, Dinsmore & Shohl, Cincinnati, OH, Mark R. Osland, Law Offices of Robert J. Hayes, Bryant M. Struble, Thompson Coburn LLP, St. Louis, MO, for Defendants. OPINION JEANNE E. SCOTT, District Judge. This matter is before the Court on Defendant... Sharon MURRAY, Plaintiff, v. AT & T MOBILITY LLC, Defendant. , C.D.Ill., October 26, 2009 OPINION JEANNE E. SCOTT, District Judge. Pending before the Court are Defendant's Bill of Costs (d/e 80), Plaintiff's Motion to Dismiss Defendant's Bill of Costs (d/e 81) (Plaintiff's Motion), and Plaintiff's Objection to (the victim) Plaintiff Sharon Murray having to pay any cost (d/e 82). In an Opinion (d/e 69), dated September 15, 2009, the Court granted summary judgment in favor of Defendant AT & T Mobility LLC on Plaintiffs' federal claims. Defendant filed a Bill of Costs, seeking an awa... UNITED STATES of America, v. Martabian PATTERSON. , N.D.Ill., October 26, 2009 MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Currently before the Court is Defendant Martabian Patterson's motion to suppress [14] a firearm that was recovered at the time of his arrest. For the reasons stated below, the Court respectfully denies Defendant's motion [14]. I. Background [FN1] FN1. The relevant factual background is largely undisputed and is taken from the affidavits of Defendant and Iesha Kelly attached to the motion to suppress and the affidavit of Speci... Jonathan J. SAHIM, etc., Plaintiff, v. DEALERS WARRANTY, LLC, etc., et al., Defendants. , N.D.Ill., October 26, 2009 Mark S. Baumkel, Mark S. Baumkel & Associates, Bingham Farms, MI, Michael F. Ram, Ram & Olson LLP, San Francisco, CA, Bryan Joseph Waldman, Levin & Perconti, Chicago, IL, Steven Wittels, Sanford Wittels & Heisler, LLP, New York, NY 10019, for Plaintiff. Robert Radasevich, Emily Mulder Milman, Neal, Gerber & Eisenberg, Chicago, IL, William M. McErlean, Brad Eric Rago, Barnes & Thornburg LLP, Chicago, IL, for Defendants. MEMORANDUM OPINION AND ORDER MILTON I. SHADUR, Senior District Judge. ... David DIAZ, Petitioner v. UNITED STATES of America, Respondent. , N.D.Ill., October 26, 2009 David Diaz, Pecos, TX, pro se. Michael James Ferrara, AUSA, United States Attorney's Office, Chicago, IL, Carole Judith Ryczek, U. S. Trustee's Office, Madison, WI, for Respondent. OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. Petitioner David Diaz ("Diaz") has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. He challenges the sixty-month sentence imposed for his conviction on count III of his indictment, carrying a firearm during the ... Edward Thomas JUNG, Petitioner v. UNITED STATES of America, Respondent. , N.D.Ill., October 26, 2009 Edward Thomas Jung, Oxford, WI, pro se. Edward G. Kohler, AUSA, United States Attorney's Office, Chicago, IL, for Respondent. OPINION AND ORDER JOAN HUMPHREY LEFKOW, District Judge. Petitioner Edward Thomas Jung ("Jung") has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. He challenges the 109-month sentence imposed for his conviction on eight counts of wire fraud and two counts of securities fraud. In his petition, Jung seeks to have his senten... Nikki L. O'NEILL, Timothy P. O'Neill, Jonathan P. O'Neill, by his Mother and Next Friend, Nikki L. O'Neill, and Lauren R. O'Neill, by her Mother and Next Friend, Nikki L. O'Neill, Plaintiffs, v. James J. POINTER and Schnucks, Defendants. , S.D.Ill., October 26, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. On September 25, 2009, the Court reviewed sua sponte the allegations of federal subject matter jurisdiction in diversity contained in the notice of removal in this cause and directed Defendant Schnucks to file an amended notice of removal that properly alleges that Plaintiffs Nikki L. O'Neill, Timothy P. O'Neill, Jonathan P. O'Neill, and Lauren R. O'Neill are citizens, not residents, of Illinois and that omits any reference to "information and beli... Randal W. CARRIGAN, individually, and Sherry Carrigan, individually, Plaintiffs, v. K2M, INC., a foreign corporation, Defendant. , C.D.Ill., October 26, 2009 Gregory P. Sgro, SGRO Hanrahan & Durr LLP, Springfield, IL, Thomas J. Steece, Oklahoma Legal Services, PLLC, Oklahoma City, OK, for Plaintiffs. Carmel Cosgrave, Donna E. Fernandez, Smith Amundsen LLC, Chicago, IL, for Defendant. OPINION JEANNE E. SCOTT, District Judge: This matter is before the Court on Defendant K2M Inc.'s Motion to Dismiss Plaintiff's [sic] Complaint at Law, in Lieu of Answer, Pursuant to Federal Rule of Civil Procedure 12(b)(6) (d/e 9) (Motion to Dismiss). Plaintiffs ... Leigh A. SMITH, Plaintiff, v. COUNTY OF KANKAKEE, et al., Defendants. , C.D.Ill., October 26, 2009 Leigh A. Smith, Buckley, IL, pro se. Michael W. Condon, Jason W. Rose, Zrinka Rukavina, Hervas Condon & Bersani PC, Itasca, IL, for Defendant. MEMORANDUM OPINION AND ORDER HAROLD A. BAKER, District Judge. Before the court are the defendants' motion to dismiss [27] and the plaintiff's response [31]. The plaintiff Leigh A. Smith, has filed this pro se amended complaint pursuant to 42 U.S.C. § 1983 against defendants County of Kankakee, Timothy Bukowski and Michael Downey, alleging that... William Dale CARTER, Petitioner, v. Julius FLAGG, Acting Warden, Robinson Correctional Center, Respondent. , C.D.Ill., October 26, 2009 William Dale Carter, Robinson, IL, pro se. Garson Steven Fischer, Illinois Attorney General, Chicago, IL, for Respondent. OPINION JEANNE E. SCOTT, District Judge: This matter comes before the Court on Petitioner William Dale Carter's Petition for Writ of Habeas Corpus by a Man in State Custody Pursuant to 28 U.S.C. § 2254 (Petition) (d/e 1); Motion for Leave to File Supplement to Habeas Corpus Petition (d/e 20); Motion to Supplement Carter's Petition for Writ of Habeas Corpus (d/e 31); M... Brian BROADFIELD, Plaintiff, v. Robert HOUSTON, et. al., Defendants. , C.D.Ill., October 26, 2009 Brian D. Broadfield, Pekin, IL, pro se. Michael P. Holly, Pekin, IL, David A. Perkins, Heyl Royster Voelker & Allen, Peoria, IL, for Defendants. CASE MANAGEMENT ORDER HAROLD A. BAKER, District Judge. This cause is before the court for case management and consideration of the plaintiff's motions for appointment of counsel [d/e 10, 20, 27]; the plaintiff's motions for leave to amend his complaint [d/e 13, 26]; and the defendants motion to compel. [d/e 30] On June 8, 2009, the court cond... Henry JONES, Jr., Plaintiff, v. BULL MOOSE TUBE COMPANY, and United Steel Workers of America Union Local 9777, Defendants. , N.D.Ill., October 26, 2009 MEMORANDUM OPINION AND ORDER MARTIN C. ASHMAN, United States Magistrate Judge. Henry Jones ("Jones") sued Bull Moose Tube Company ("Bull Moose") and United Steel Workers of America Union Local 9777 ("the Union") (collectively "Defendants"), under § 301 of the Labor Management Relations Act ("LMRA"), 29 U.S.C. § 185, for breach of the Union's duty to fairly represent Jones and for Bull Moose's breach of contract. Currently before this Court is Defendants' Motion to Dismiss. The parties consent... Wayne JACKSON, Plaintiff, v. P.O. Joe Dortha PARKER, individually, Defendant. , N.D.Ill., October 26, 2009 Gregory E. Kulis, David Steven Lipschultz, Kathleen Coyne Ropka, Ronak D. Patel, Shehnaz I. Mansuri, Gregory E. Kulis And Associates, Ltd., Chicago, IL, for Plaintiff. Daniel Francis Gallagher, Dominick L. Lanzito, Lawrence S. Kowalczyk, Paul A. Ogrady, Querrey & Harrow, Ltd., Matthew Raymond Hader, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER SUZANNE B. CONLON, District Judge. Wayne Jackson sues Chicago Police Officer Joe Dortha Parker under 42 U.S.C. § 1983 for false arres... EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff, v. SCRUB, INC., Defendant. , N.D.Ill., October 26, 2009 Laurie S. Elkin, Diane Ilene Smason, Gregory M. Gochanour, John C. Hendrickson, Equal Employment Opportunity Commission, Chicago, IL, for Plaintiff. Andrew Malen Spangler, Jr., Chico & Nunes, P.C., Chante Danielle Spann, Goldberg Kohn, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER SUZANNE B. CONLON, District Judge. The Equal Employment Opportunity Commission ("EEOC") sues janitorial services company Scrub, Inc. ("Scrub") under Title VII of the Civil Rights Act of 1964 ("Title... Anwar IQBAL, Plaintiff, v. B & R OIL COMPANY, INC., Defendant. , N.D.Ill., October 26, 2009 MEMORANDUM OPINION & ORDER GEORGE W. LINDBERG, Senior District Judge. On March 4, 2009, plaintiff Anwar Iqbal filed this action against defendant B & R Oil Company, Inc., seeking money damages and a preliminary injunction based on defendant's alleged violations of the parties' Commission Marketer Agreement ("CMA"). Plaintiff included a jury demand in her complaint. Defendant has moved to strike plaintiff's jury demand. On May 28, 2006, plaintiff and BP Products North America Inc. ("BP") en... George LEGG, Plaintiff, v. WAL-MART STORES, INC., Defendant. , N.D.Ill., October 26, 2009 MEMORANDUM OPINION AND ORDER SUSAN E. COX, United States Magistrate Judge. On a summer evening in 2006, on his way into a Wal-Mart to buy Fruit Loops for his wife, plaintiff George Legg tripped over a swing set. Plaintiff sustained serious injury, requiring surgery and several months of casts on both arms. Three years later, in June 2009, plaintiff filed suit against defendant, Wal-Mart Stores, Inc. (hereinafter "Wal-Mart" or defendant) alleging that by negligently placing the swing set on it... Christopher KNOX, Plaintiff, v. Dr. Kelly RHODES, et al., Defendants. , S.D.Ill., October 23, 2009 REPORT AND RECOMMENDATION FRAZIER, United States Magistrate Judge. Before the Court is plaintiff's motion for class certification (Doc. No. 44). The motion is opposed (Doc. No. 46). Plaintiff is proceeding on a § 1983 civil rights claim against eighteen defendants, some of whom have been served. He challenges the conditions of confinement at Tamms Correctional Center, claiming that the defendants are not providing adequate care for his serious mental health needs and the serious mental hea... Andrew J. MAXWELL, chapter 7 trustee for the bankruptcy estates of Marchfirst, Inc., Plaintiff, v. KPMG LLP, Defendants. , N.D.Ill., October 23, 2009 MEMORANDUM OPINION & ORDER JOAN B. GOTTSCHALL, District Judge. Defendant KPMG LLP moves for its costs after having prevailed against Plaintiff Andrew J. Maxwell, trustee of the bankrupt estate of MarchFirst, Inc. KPMG is entitled to its costs as the prevailing party and asks the court to tax $67,048.08 to Maxwell as trustee under Rule 54(d) of the Federal Rules of Civil Procedure. There is a strong presumption that the prevailing party should be allowed to recover these costs, as permitted by... Rosetta APPLEWHITE-TOWNSEND, Plaintiff, v. VILLAGE OF MAYWOOD, Yvette Daniel, and Chris Butler, Defendants. , N.D.Ill., October 23, 2009 Kurt Henry Feuer, Loevy & Loevy, Chicago, IL, for Plaintiff. Howard C. Jablecki, Klein, Thorpe and Jenkins, Ltd., Chicago, IL, for Defendants. MEMORANDUM OPINION AND ORDER DAVID H. COAR, District Judge. Plaintiff Rosetta Applewhite-Townsend brings an action against Defendants Yvette Daniel, Chris Butler, and the Village of Maywood for civil rights violations pursuant to 42 U.S.C. § 1983, alongside various state law claims. Before the Court is Defendants' motion to dismiss the Village of ... Bouke HALE, Plaintiff, v. AFNI, INC., Defendant. , N.D.Ill., October 23, 2009 Daniel A. Edelman, Cathleen M. Combs, Francis Richard Greene, James O. Latturner, Edelman, Combs, Latturner & Goodwin, LLC, Chicago, IL, for Plaintiff. David M. Schultz, Jennifer W. Weller, Justin M. Penn, Hinshaw & Culbertson LLC, Chicago, IL, for Defendant. MEMORANDUM OPINION AND ORDER DAVID H. COAR, District Judge. Plaintiff Bouke Hale ("Plaintiff" or "Hale") brings this action alleging that Defendant AFNI, Inc. ("Defendant" or "AFNI") violated the Fair Debt Collection Practices Act ... Jacob BURRIS, as Special Administrator of the Estate of Maurice L. Burris, deceased, Plaintiff, v. Stephen A. CULLINAN, M.D., Health Professionals, Ltd., Lee Anne Brauer, R.N., Sangamon County Sheriff's Department, Neil Williamson, Sheriff of Sanga, C.D.Ill., October 23, 2009 Alexandra De Saint Phalle, Douglas J. Quivey, Londrigan Potter & Randle PC, Springfield, IL, Joseph J. Madonia, Joseph J. Madonia & Associates, Chicago, IL, for Plaintiff. David M. Walter, Theresa M. Powell, Heyl Royster Voelker & Allen, D. Bradley Blodgett, Andrew M. Ramage, J. William Roberts, Hinshaw & Culbertson, Springfield, IL, for Defendants. OPINION JEANNE E. SCOTT, District Judge. This cause is before the Court on Defendants Stephen A. Cullinan, M.D., and Health Professionals, Ltd.... Levail GIVENS, Plaintiff, v. Roger E. WALKER, Jr., Bashir Ahmed Ameji, Marshall Keys, Marvin Cooley, and Chaplain Coleman, Defendants. , C.D.Ill., October 23, 2009 MEMORANDUM OPINION AND ORDER DAVID G. BERNTHAL, United States Magistrate Judge. Before the court are the defendants, LAMAR COLEMAN, MARVIN COOLEY, MARCIA KEYS (sued as Marshall Keys), and ROGER E. WALKER, JR .'s summary judgment motion [58] and the plaintiff's response [76]. Standard Summary judgment "should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant i... Cesar MARTINEZ and Alanzo Rodriguez, Plaintiffs, v. CITY OF CHICAGO, et al., Defendants. , N.D.Ill., October 23, 2009 MEMORANDUM OPINION AND ORDER ROBERT M. DOW, JR., District Judge. Plaintiffs Cesar Martinez and Alonzo Rodriguez brought this action pursuant to 42 U.S.C. § 1983 against Defendants City of Chicago, and Chicago police officers Martin Acevedo, Javier Avalos, and Mario Sanchez (collectively "Defendants"). This matter is before the Court on Plaintiffs' motion to strike Defendants' gang identification expert [115] and Plaintiffs' motion to bar Defendants' toxicology expert [119]. For the reasons st... SE-KURE CONTROLS, INC., Plaintiff, v. SENNCO SOLUTIONS, INC. and Christopher Marszalek, Defendant. , N.D.Ill., October 23, 2009 MEMORANDUM OPINION AND ORDER JAMES F. HOLDERMAN, Chief Judge. On October 23, 2008, plaintiff Se-Kure Controls, Inc. ("Se-Kure") filed suit against defendants Sennco Solutions, Inc. and Christopher Marszalek (collectively "Sennco"), alleging infringement of U.S. Patent Nos. RE37,590 ("'590 Patent") ; 5,861,807 ("'807 Patent"); and 7,081,822 ("'822 Patent"). On September 18, 2009, in an unrelated litigation, Se-Kure Controls, Inc. v. Diam USA, Inc. (Case No. 06-C-4857), District Court that... Ann M. PALMER, Plaintiff, v. SOUTHWEST AIRLINES CO., a Texas corporation, Defendant. , N.D.Ill., October 23, 2009 MEMORANDUM OPINION AND ORDER GERALDINE SOAT BROWN, United States Magistrate Judge. Plaintiff Ann M. Palmer ("Palmer") filed an amended complaint against defendant Southwest Airlines Co. ("Southwest") alleging sex discrimination and retaliation. (Am.Compl.¶¶ 19, 20, 27.) [Dkt 36.] The parties have consented to the jurisdiction of a Magistrate Judge. [Dkt 15, 16.] Southwest has moved to dismiss Palmer's claims pursuant to Fed.R.Civ.P. 12(b)(6) on the ground that Palmer's Equal Employment Opport... Paul Anthony SMITH, Plaintiff, v. Gary CONDER, et al., Defendants. , S.D.Ill., October 23, 2009 Paul Anthony Smith, Menard, IL, pro se. MEMORANDUM AND ORDER MURPHY, District Judge. Plaintiff, an inmate at the Menard Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. This case is now before the Court for a preliminary review of the complaint pursuant to 28 U.S.C. § 1915A, which provides: (a) Screening.--The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a co... Vince SAITTA, Plaintiff, v. MELODY RAE MOTORS, INC., d/b/a Honda on Grand, Defendants. , N.D.Ill., October 23, 2009 MEMORANDUM OPINION AND ORDER REBECCA R. PALLMEYER, District Judge. Plaintiff Vince Saitta, a Sicilian-American, worked as a car salesman for Melody Rae Motors for nearly 18 months before his termination in September 2008. In this lawsuit, brought under 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., Saitta alleges that Defendant subjected him to a hostile work environment due to his national origin and retaliated against him because of his complaints... Darrell JONES, Petitioner, v. UNITED STATES of America, Respondent. , S.D.Ill., October 23, 2009 MEMORANDUM AND ORDER HERNDON, Chief Judge. This cause is before the Court on Petitioner's motion to proceed in forma pauperis (Doc. 4). Petitioner, an inmate in the United States Medical Center for Federal Prisoners (USMCFP) located in Springfield, Missouri, to challenge his conviction in this court on four counts of distributing cocaine base. See United States v. Jones, No. 01-30154-GPM (S.D.Ill.). Rule 4 of the Rules Governing Section 2254 Cases in United States District Courts provides ... Greg L. MURRAY, Petitioner/Defendant, v. UNITED STATES of America, Respondent/Plaintiff. , S.D.Ill., October 23, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court on Petitioner Greg Murray's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. On August 9, 2004, a jury found Murray guilty of a charge of possession with intent to distribute cocaine (Count 2 of the third superseding indictment) (see Docs. 242-244). [FN1] On August 11, 2005, a jury found Murray guilty on two counts of the fourth superseding indictment, which charged Murray with conspi... ALLMEDS, INC., et al., Plaintiffs, v. DOCUMENT GENERATION CORPORATION, Defendant. , S.D.Ill., October 23, 2009 MEMORANDUM AND ORDER MURPHY, District Judge. This matter is before the Court on the question of abstention. In this action, as the parties currently are aligned, Plaintiffs AllMeds, Inc. ("AllMeds"), Allscripts, LLC ("Allscripts"), Cerner Corporation ("Cerner"), Healthport, Inc. ("Healthport"), eClinicalWorks, LLC ("eClinicalWorks"), iMedica Corporation ("iMedica"), MediNotes Corporation ("MediNotes"), Misys Healthcare Systems, LLC ("Misys"), NextGen Healthcare Information Systems, Inc. ("Nex... UNITED STATES, v. Manuel RODRIGUEZ, et al. , N.D.Ill., October 23, 2009 MEMORANDUM OPINION & ORDER JOAN B. GOTTSCHALL, District Judge. A jury convicted Manuel Rodriguez of a two-count violation of 21 U.S.C. § 843(b) for utilizing a telephone to facilitate a felony drug crime. Rodriguez now moves for permission to remain free on bond pending his appeal in the Seventh Circuit pursuant to 18 U.S.C. § 3143(b), which requires the court to order Rodriguez detained unless it finds that (1) there is clear and convincing evidence that the defendant is not likely to flee o... AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff, v. Christopher COLEMAN, individually, Angela Decicco and Mario Weiss, as Special Administrators of the Estates of Sheri Coleman, Garret Coleman, and Gavin Coleman, Deceased, Defendants. , S.D.Ill., October 23, 2009 Jane Unsell, Unsell & Schattnik, East Alton, IL, for Plaintiff. MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter is before the Court on its own initiative for purposes of case management. On July 13, 2009, American Family Mutual Insurance Company (hereinafter "American") filed its Complaint for Declaratory Judgment (Doc. 2) invoking the Court's diversity jurisdiction. Following Judge Michael J. Reagan's recusal, this case was reassigned to Judge J. Phil Gilbert on October 1... Wallace GILBERT-MITCHELL, Jr., Plaintiff, v. Harley G. LAPPIN, et al., Defendants. , S.D.Ill., October 23, 2009 Wallace Gilbert-Mitchell, Jr., Talladega, AL, pro se. Laura J. Jones, Assistant U.S. Attorney, Fairview Heights, IL, for Defendants. MEMORANDUM and ORDER REAGAN, District Judge. On September 13, 2009, Plaintiff Wallace Gilbert-Mitchell filed an objection (Doc. 161) to United States Magistrate Judge Philip M. Frazier's September 10, 2009 Order (Doc. 153). Therein, Judge Frazier denied Plaintiff's motion for an order directing Defendant Lappin and others to return "records of this case" se... Joseph JASPER, et al., Plaintiffs, v. SAINT ANTHONY HOSPITAL, Defendant. , N.D.Ill., October 23, 2009 MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. Saint Anthony Hospital ("Hospital"), defendant in this employment discrimination action brought against it by Joseph Jasper ("Jasper") and Leeandrew Banks ("Banks"), responded by filing a Fed.R.Civ.P. ("Rule") 12(b)(6) motion to dismiss the three-count Complaint and noticing up that motion for presentment on today's motion call. This memorandum order is issued to memorialize this Court's rulings on the motion for the reasons explained ... UNITED STATES of America ex rel. Gregory SHAW, Petitioner, v. Donald GAETZ, Respondent. , N.D.Ill., October 23, 2009 Gregory Shaw, Menard, IL, pro se. Eldad Zvi Malamuth, Chief of Criminal Appeals, Office of the Attorney General, Chicago, IL, for Respondent. MEMORANDUM ORDER MILTON I. SHADUR, Senior District Judge. Both footnote 3 to this Court's September 18, 2009 Statement as to Certificate of Appealability and, more recently, this Court's October 19 memorandum order dealt with the fact that petitioner Gregory Shaw ("Shaw") had not yet provided the required documentation to allow this Court to procee... MERIDIAN CITIZENS MUTUAL INSURANCE COMPANY, Plaintiff, v. Michael W. BROWN, Dale Broadway, and Carmen Broadway, Defendants. , S.D.Ill., October 23, 2009 Robert M. Chemers, Heather E. Plunkett, Pretzel & Stouffer, Chicago, IL, for Plaintiff. MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This cause coming to be heard before the Court on plaintiff Meridian Citizens Mutual Insurance Company's ("Meridian") Motion for Entry of Default Judgment (Doc. 14) pursuant to Rule 55(b) of the Federal Rules of Civil Procedure against defendant Michael W. Brown. The plaintiff seeks a declaration that an insurance policy issued to Brown does not cover... David MERCED, Plaintiff, v. C/O KAMP, et al., Defendants. , S.D.Ill., October 23, 2009 David Merced, Menard, IL, pro se. MEMORANDUM AND ORDER MURPHY, District Judge. Plaintiff David Merced, an inmate at the Menard Correctional Center, brings this action for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. He seeks declaratory relief, injunctive relief, and compensatory and punitive damages for the harm he suffered when a member of "Orange Crush" allegedly placed a shank in his cell. He also complains of extended lock down times. This case is now befo... UNITED STATES of America, Plaintiff, v. Heather McDONALD, Defendant. , S.D.Ill., October 23, 2009 MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on Defendant Heather McDonald's pro se Motion to Appoint Counsel (Doc. 872). On July 26, 2006, McDonald pled guilty, pursuant to a written plea agreement, to one count of conspiracy to manufacture, distribute, and possess with intent to distribute more than 500 grams of a mixture and substance containing methamphetamine. Following a 2008 sentence reduction hearing, where McDonald was represented by retain... © 2009 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com