Case: Radaszewski v. Garner

Radaszewski v. Patla

Radaszewski v. Patla

Radaszewski v. Patla

U.S. Court of Appeals for the Seventh Circuit

NOTICE OF REMOVAL by defendant from the Circuit Court of the Eighteenth Judical Circuit, DuPage County, IL with copy of summons and complaint, case no. 00 CH 1475 - Civil cover sheet - Appearance(s) of James C. O'Connell, David Adler, Christopher Samuel Gange as attorney(s) for defendant; Affiavit of David Adler ( Documents: 1-1 through 1-3) (hp) (Entered: 12/17/2001)

RECEIPT regarding payment of filing fee paid; on 12/14/01 in the amount of $150.00, receipt # 107416. (hp)

MAILED Rule 77(d) letter to Eliot W. Abarbanel regarding notice of removal with appearance form. (hp)

SCHEDULE set on 12/20/01 by Hon. John W. Darrah : Status hearing set to 9:00 1/30/02 . Mailed notice (ldg)

ATTORNEY APPEARANCE for plaintiff by Bernard H. Shapiro, Sarah Catherine Megan and Eliot Abarbanel (yap) (Entered: 01/10/2002)

MOTION by plaintiff to remand this proceeding to the Circuit Court of the Eighteenth Judicial Circuit, Dupage County, Illinois (Attachment); Notice (yap) (Entered: 02/01/2002)

MEMORANDUM by plaintiff in support of his motion for remand (Attachments) (yap) (Entered: 01/31/2002)

MINUTE ORDER of 1/30/02 by Hon. John W. Darrah : Status hearing held and continued to 4/4/02 at 9:00 a.m. Defendant's response to plaintiff's motion to remand this proceeding to the Circuit Court of the Eighteenth Judicial Circuit, Dupage County, Illinois [4-1] to be filed by 2/20/02. Plaintiff's reply to be filed by 3/6/02. Mailed notice (yap) (Entered: 02/01/2002)

MEMORANDUM by defendant in opposition to motion to remand this proceeding to the Circuit Court of the Eighteenth Judicial Circuit, Dupage County, Illinois [4-1] (yap) (Entered: 02/21/2002)

REPLY brief by plaintiff to motion for remand [4-1] (yap) (Entered: 03/08/2002)

SCHEDULE set on 4/3/02 by Hon. John W. Darrah : Status hearing set for 4/4/02 is stricken and reset to 9:00 4/18/02 . Mailed notice (ldg)

MINUTE ORDER of 4/30/02 by Hon. John W. Darrah : Status hearing held. Plaintiff's motion to remand this proceeding to the Circuit Court of the Eighteenth Judicial Circuit, Dupage County, Illinois [4-1] is granted in part and denied in part. Plaintiff's state law claims, counts I-V are remanded to state court. This court retains juridiction over counts VI and VII. Entered Memorandum Opinion and Order. Mailed notice (yap) (Entered: 05/01/2002)

MINUTE ORDER of 4/30/02 by Hon. John W. Darrah : Status hearing is set for 5/21/02 at 9:00 a.m. Defendant is given leave to file a motion for judgment of the pleadings on or before 5/21/02. Mailed notice (yap) (Entered: 05/06/2002)

MOTION by defendant for judgment on the pleadings Memorandum in Support (Attachments); Notice (yap) (Entered: 05/21/2002)

MINUTE ORDER of 5/21/02 by Hon. John W. Darrah : Status hearing held and continued to 8/13/02 at 9:00 a.m. Plaintiff's response to defendant's motion for judgment on the pleadings [10-1] to be filed by 6/18/02. Defendant's reply to be filed by 7/9/02. Mailed notice (yap) (Entered: 05/22/2002)

RESPONSE by plaintiff to defendant's motion for judgment on the pleadings [10-1]. (gcy) (Entered: 06/19/2002)

REPLY memorandum by defendant in support of her motion for judgment on the pleadings [10-1] (Attachments); Notice (yap) Modified on 07/10/2002 (Entered: 07/10/2002)

SCHEDULE set on 7/12/02 by Hon. John W. Darrah : Status hearing set for 8/13/02 is stricken and reset to 2:00 8/12/02 . Mailed notice (ldg)

MOTION by plaintiff to defer ruling on defendant's motion for judgment on the pleadings ; Notice (yap) Modified on 09/11/2002 (Entered: 09/11/2002)

OBJECTIONS by defendant to plaintiff's motion to defer ruling on defendant's motion for judgment on the pleadings (Attachments); Notice. (gcy) (Entered: 08/07/2002)

SCHEDULE set on 8/13/02 by Hon. John W. Darrah : Status hearing set for 8/12/02 is stricken and reset to 9:00 9/10/02 . Mailed notice (ldg)

MINUTE ORDER of 9/10/02 by Hon. John W. Darrah: Plaintiff's motion to defer ruling on defendant's motion for judgment on the pleadings [15-1] is denied. Defendant's motion for judgment on the pleadings [10-1] is granted. Entered Memorandum Opinion and Order. Mailed notice (yap) (Entered: 09/11/2002)

NOTICE OF APPEAL by plaintiff from motion minute order [16-2], from Scheduling order Entered Memorandum Opinion and Order. [16-1] ( IFP Pending) (dj) (Entered: 10/10/2002)

DOCKETING STATEMENT by plaintiff regarding appeal [17-1] . (dj) (Entered: 10/10/2002)

MOTION by plaintiff for leave to appeal in forma pauperis (Attachment); (dj) (Entered: 10/10/2002)

TRANSMITTED to the 7th Circuit the short record on appeal [17-1] . Mailed notice to all counsel. (dj)

MINUTE ORDER of 10/11/02 by Hon. John W. Darrah : Motion to appeal in forma pauperis is granted. [19-1] Mailed notice (eav) (Entered: 10/15/2002)

ACKNOWLEDGEMENT of receipt of short record on appeal [17-1] USCA 02-3657. (cem) (Entered: 10/15/2002)

MINUTE ORDER of 10/16/02 by Hon. John W. Darrah : Entered Memorandum Opinion and Order. Plaintiff's motion to remand is granted in part and denied in part. Plaintiff's state law claims, counts I-V are remanded to state court. This court retained jurisdiction over counts VI and VII. Mailed notice (yap) (Entered: 10/21/2002)

SEVENTH CIRCUIT transcript information sheet by plaintiff (ntf) (Entered: 10/23/2002)

TRANSMITTED to the 7th Circuit the long record on appeal no. 02-3657 consisting of 1 volume of pleadings. [17-1] Mailed notice to all counsel. (dj)

SCHEDULE set on 1/31/03 by Hon. John W. Darrah : Status hearing set to 9:00 2/11/03 . Mailed notice (ldg)

SCHEDULE set on 2/5/03 by Hon. John W. Darrah : Status hearing set for 2/11/03 is stricken. Mailed notice (ldg)

SCHEDULE set on 9/9/04 by Hon. John W. Darrah : Status hearing set for 10/27/04 at 9:00 a.m. Mailed notice (maf)

MOTION by defendant's attorney to substitute counsel for the director of the Illinois Department of Public Aid ; Notice (las) (Entered: 10/25/2004)

MINUTE ORDER of 10/25/04 by Hon. John W. Darrah : Defendant Barry S. Miram's motion to substitute counsel for the director of the Illinois Department of Public Aid is granted [24-1]. Barry S. Maram, in his official capacity as Director of the Illinois Department of Public Aid, is substituted as the successor in office to defendant Jackie Garner; Assistant General Karen Konieczny and Senior Assistant Attorney General John E. Huston are substituted in as additional counsel for defendant; and the appearances of James C. O'Connell and David Adler as attorneys for the Director of the Illinois Department of Public Aid are withdrawn. Mailed notice (las) (Entered: 10/25/2004)

REFERRAL ORDER: Case referred to Hon. Ian H. Levin for a settlement conference Mailed notice. (maf) (Entered: 10/27/2004)

MINUTE ORDER of 10/27/04 by Hon. John W. Darrah : Status hearing held and continued to 1/4/05 at 9:00 a.m. This case is referred to Magistrate Judge Levin for a settlement conference. Mailed notice (rbf) (Entered: 10/28/2004)

ATTORNEY APPEARANCE for defendant Barry S Maram by Karen Konieczny, John E Huston. (rbf) (Entered: 10/28/2004)

SCHEDULE set on 10/27/04 by Hon. Ian H. Levin : Settlement conference set for 1:30 12/15/04 in courtroom 1342. Client representatives with settlement authority to be present. Mailed notice (smm)

LETTER from the 7th Circuit returning the record on appeal no. 02-3657 consisting of one volume of pleadings (las) (Entered: 11/02/2004)

OPINION from the 7th Circuit: Argued 9/8/03; Decided 9/8/04. ( 02-3657) (las) (Entered: 11/02/2004)

CERTIFIED COPY of order from the 7th Circuit: Reversing and remanding the Decision of the District Court [Appeal [17-1] . ( 02-3657) (las) (Entered: 11/02/2004)

SCHEDULE set on 11/16/04 by Hon. John W. Darrah : Status hearing set for 1/4/05 is re-set to 1/18/05 at 9:00 a.m. Mailed notice (maf)

SCHEDULE set on 12/9/04 by Hon. Ian H. Levin : Settlement conference of 12/15/04 is stricken and reset for 1:30 2/23/04 in courtroom 1342 . Mailed notice (smm)

SCHEDULE set on 1/4/05 by Hon. John W. Darrah : Status hearing set for 1/18/05 is re-set to 3/3/05 at 9:00 a.m. Mailed notice (maf)

MINUTE entry before Judge Ian H. Levin : To Foster settlement negotiations on joint motion regarding settlement conference reset from 02/23/05 to 4/27/2005 at 01:30 PM. (jlj, ) (Entered: 02/15/2005)

MINUTE entry before Judge John W. Darrah : In light of the parties settlement conference before the Magistrate Judge, the 3/3/05 status hearing is re-set to 5/17/05 at 9:00 a.m. Mailed notice (las, ) (Entered: 02/24/2005)

MINUTE entry before Judge Ian H. Levin : Settlement conference held on 4/27/2005 Status hearing set for 5/4/2005 at 11:00 AM to report on settlement. Mailed notice (jlj, ) (Entered: 04/27/2005)

MINUTE entry before Judge Ian H. Levin: Status hearing on settlement held on 5/4/2005 and continued to 6/6/2005 at 11:00 A.M. for report on settlement. Mailed notice by judge's staff. (srb,) (Entered: 05/04/2005)

MINUTE entry before Judge John W. Darrah : Status hearing set for 5/17/05 is re-set to 6/30/05 at 09:00 AM. Mailed notice (maf, ) (Entered: 05/09/2005)

MINUTE entry before Judge Ian H. Levin : Status hearing on settlement of 6/6/05 is stricken and reset to 6/27/2005 at 1:00 PM. Mailed notice (smm, ) (Entered: 06/07/2005)

MINUTE entry before Judge Ian H. Levin : Status hearing on settlement set for 6/27/2005 at 11:00 AM. Mailed notice (smm, ) (Entered: 06/10/2005)

MINUTE entry before Judge John W. Darrah : Status hearing scheduled for 6/30/05 is stricken and reset to 6/28/2005, at 9:00 AM. Mailed notice (eav, ) (Entered: 06/17/2005)

MINUTE entry before Judge John W. Darrah : Status hearing set for 6/28/05 is re-set to 9/7/05 at 09:00 AM. Mailed notice (maf, ) (Entered: 06/27/2005)

MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 6/27/2005. Status hearing set for 7/27/2005 at 11:00 AM. Mailed notice (smm, ) (Entered: 07/06/2005)

MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 7/27/2005. Status hearing on settlement set for 9/16/2005 at 11:00 AM. Mailed notice (smm, ) (Entered: 07/27/2005)

MINUTE entry before Judge John W. Darrah : Status hearing set for 9/7/05 is re-set to 9/29/05 at 09:00 AM. Mailed notice (maf, ) (Entered: 09/06/2005)

MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 9/16/2005. Status hearing set for 9/23/2005 at 11:00 AM. Mailed notice (smm, ) (Entered: 09/16/2005)

MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 9/23/2005. Case settled. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Judge Ian H. Levin no longer referred to the case. Mailed notice (smm, ) (Entered: 09/23/2005)

MINUTE entry before Judge John W. Darrah : Status hearing set for 09/29/05 is reset to 10/27/2005 at 09:00 AM. Parties are engaged in settlement. Mailed notice (ar, ) (Entered: 09/27/2005)

MINUTE entry before Judge John W. Darrah : Status hearing set for 10/27/05 is re-set to 11/3/2005 at 09:00 AM. Mailed notice (ar, ) (Entered: 09/28/2005)

MINUTE entry before Judge John W. Darrah : Status hearing held and continued to 12/6/05 at 9:00 a..m. for either presentation of dismissal order or scheduling for trial. (ntf, ) (Entered: 11/04/2005)

MINUTE entry before Judge John W. Darrah : Status hearing held and continued to 03/29/2006 at 09:00 AM. Parties have advised the Court that the case has settled. Plaintiff's opening brief regarding enforcement to be filed by 01/10/06. Response by 02/10/06. Reply by 02/24/06. (ar, ) (Entered: 12/06/2005)

MEMORANDUM by Donna Radaszewski, Donna Radaszewski (Megan, Sarah) (Entered: 01/10/2006)

RESPONSE by Defendant Barry S Maram to Plaintiff's Memorandum Regarding Enforcement of Settlement Agreement (Huston, John) (Entered: 02/10/2006)

MOTION by Plaintiff Donna Radaszewski to seal document (Megan, Sarah) (Entered: 02/23/2006)

NOTICE of Motion by Sarah Catherine Megan for presentment of motion to seal document 52 before Honorable John W. Darrah on 2/28/2006 at 09:00 AM. (Megan, Sarah) (Entered: 02/23/2006)

REPLY Plaintiff's Reply Memorandum Concerning Enforcement of the Settlement Agreement (Megan, Sarah) (Entered: 02/24/2006)

MINUTE entry before Judge John W. Darrah : Plaintiff's motion to for restricting order 52 is granted. The document will be delivered to chambers for the Judge's view only, it will not be filed with the Clerk of Court and it will not be a part of the public record. (ar, ) (Entered: 03/01/2006)

MINUTE entry before Judge John W. Darrah: For the reasons stated in the attached memorandum opinion and order, there is no final enforceable settlement agreement between the parties. There presently is no other issue or question of law raised by either of the parties in the briefs upon which this court is empowered to render an opinion. Enter Memorandum Opinion and Order. Status hearing set for 4/19/2006 at 09:00 AM. (vmj, ) (Entered: 03/31/2006)

MEMORANDUM Opinion and Order Signed by Judge John W. Darrah on 3/29/2006(vmj, ) (Entered: 03/31/2006)

MINUTE entry before Judge John W. Darrah : Status hearing held. Discovery ordered closed on 04/20/2007. Pretrial Conference set for 09/06/2007 at 01:30 PM. Jury Trial set for 09/10/2007 at 09:00 AM. Mailed notice. (ar, ) Modified on 4/20/2006 (ar, ). (Entered: 04/20/2006)

MOTION by Defendant Barry S MaramMotion for Entry of Defendant's Prroposed Scheduling Order (Huston, John) (Entered: 05/17/2006)

NOTICE of Motion by John E. Huston for presentment of motion for miscellaneous relief 59 before Honorable John W. Darrah on 5/24/2006 at 09:00 AM. (Huston, John) (Entered: 05/17/2006)

RESPONSE to Defendant's Motion for Entry of Defendant's Proposed Scheduling Order (Attachments: # 1 Exhibit Form 35 Report of Parties' Planning Meeting)(Megan, Sarah) (Entered: 05/22/2006)

AFFIRMATIVE DEFENSES and AMENDED ANSWER to Complaint by Barry S Maram(Huston, John) (Entered: 06/30/2006)

MOTION by Defendant Barry S Maram for protective order Governing Discovery Material (Huston, John) (Entered: 08/17/2006)

NOTICE of Motion by John E. Huston for presentment of motion for protective order 63 before Honorable John W. Darrah on 8/29/2006 at 09:00 AM. (Huston, John) (Entered: 08/17/2006)

RESPONSE to Defendant's Motion for Entry of Protective Order Governing Discovery Material (Megan, Sarah) (Entered: 08/17/2006)

MINUTE entry before Judge John W. Darrah : Defendant's motion for entry of a protective order is 63 is denied. (ar, ) (Entered: 08/30/2006)

MOTION by Plaintiff Donna Radaszewski to compel Compliance With Discovery (Megan, Sarah) (Entered: 11/10/2006)

MOTION by Plaintiff Donna Radaszewski to compel Compliance With Discovery (Attachments: # 1 Memorandum in Support of Motion to Compel# 2 Appendix)(Megan, Sarah) (Entered: 11/10/2006)

NOTICE of Motion by Sarah Catherine Megan for presentment of motion to compel 68 before Honorable John W. Darrah on 11/16/2006 at 09:00 AM. (Megan, Sarah) (Entered: 11/10/2006)

MINUTE entry before Judge John W. Darrah : Plaintiff's motion to compel compliance with discovery 68 is granted. Defendant is ordered to produce all outstanding materials by 11/30/06. (cdy, ) (Entered: 11/17/2006)

MOTION by Defendant Barry S Maram to compel Deposition of Plaintiff Donna Radaszewski (Huston, John) (Entered: 11/22/2006)

NOTICE of Motion by John E. Huston for presentment of motion to compel 71 before Honorable John W. Darrah on 11/28/2006 at 09:00 AM. (Huston, John) (Entered: 11/22/2006)

MINUTE entry before Judge John W. Darrah : Defendant's motion to compel the deposition of plaintiff Donna Radaszewski is voluntarily withdrawn 71 . (ar, ) (Entered: 11/28/2006)

MOTION by Defendant Barry S Maram for sanctions for a Party's Failure to Appear for a Properly Noticed Deposition etc (Huston, John) (Entered: 12/07/2006)

NOTICE of Motion by John E. Huston for presentment of motion for sanctions 74 before Honorable John W. Darrah on 12/14/2006 at 09:00 AM. (Huston, John) (Entered: 12/07/2006)

MOTION by Plaintiff Donna Radaszewski for extension of time to Complete Fact Discovery (Megan, Sarah) (Entered: 12/07/2006)

NOTICE of Motion by Sarah Catherine Megan for presentment of motion for extension of time 76 before Honorable John W. Darrah on 12/14/2006 at 09:00 AM. (Megan, Sarah) (Entered: 12/07/2006)

RESPONSE by Donna Radaszewski in Opposition to MOTION by Defendant Barry S Maram for sanctions for a Party's Failure to Appear for a Properly Noticed Deposition etc 74 (Attachments: # 1 # 2)(Abarbanel, Eliot) (Entered: 12/12/2006)

OBJECTIONS by Barry S Maram to MOTION by Plaintiff Donna Radaszewski for extension of time to Complete Fact Discovery 76 (Huston, John) (Entered: 12/12/2006)

MINUTE entry before Judge John W. Darrah : Defendant's motion for sanctions 74 is denied. However, plaintiff is ordered to complete a deposition by 1/16/07. Plaintiff's motion for an enlargement of time to complete fact discovery 76 is granted. Fact discovery is extended to 01/26/07. All future discovery disputes and discovery motions are referred to the Magistrate Judge. (ar, ) (Entered: 12/15/2006)

EXECUTIVE COMMITTEE ORDER:Case referred to Magistrate Judge Sidney I. Schenkier for discovery supervision. Signed by Executive Committee on 12/18/06. (cem, ) (Entered: 12/20/2006)

MINUTE entry before Judge Sidney I. Schenkier : Status hearing set for 1/4/2007 at 09:00 AM.Mailed notice (jms, ) (Entered: 12/19/2006)

MINUTE entry before Judge Sidney I. Schenkier : Status hearing held and continued to 1/30/2007 at 09:00 AM.Mailed notice (mmm, ) (Entered: 01/04/2007)

MOTION to quash Subpoena to Non-Party Theresa Dederer (Attachments: # 1 Exhibit A and B# 2 Exhibit C, Part 1# 3 Exhibit C, Part 2# 4 Exhibit C, Part 3)(Huston, John) (Entered: 01/05/2007)

NOTICE of Motion by John E. Huston for presentment of motion to quash 84 before Honorable Sidney I. Schenkier on 1/11/2007 at 08:30 AM. (Huston, John) (Entered: 01/05/2007)