Uptown Tent City Organizers v. City of Chicago

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

Uptown Tent City Organizers v. City of Chicago Department of Administration

NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2017 M1 450151) filed by City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation (Gandurski, Kelley) (Entered: 06/15/2017)

CIVIL Cover Sheet (Gandurski, Kelley) (Entered: 06/15/2017)

ATTORNEY Appearance for Defendants City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation by Kelley A. Gandurski (Gandurski, Kelley) (Entered: 06/15/2017)

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (meg, )

MINUTE entry before the Honorable John J. Tharp, Jr: This case is set for an initial status conference on 7/6/17 at 9:00 a.m. The parties are directed to review the procedures for initial status conferences, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==], and to submit the required initial status report no later than 6/30/17. Mailed notice (ca, ) (Entered: 06/16/2017)

MAILED notice of removal letter to counsel of record (cc, ) (Entered: 06/16/2017)

ATTORNEY Appearance for Defendants City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation by Andrew S. Mine (Mine, Andrew) (Entered: 06/20/2017)

ATTORNEY Appearance for Defendants City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation by Margaret R. Sobota (Sobota, Margaret) (Entered: 06/20/2017)

CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendants City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation (Gandurski, Kelley) (Entered: 06/28/2017)

ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Alan S. Mills (Attachments: # 1 Certificate of Service)(Mills, Alan) (Entered: 06/29/2017)

1 Certificate of Service

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ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Jeffrey H. Frank (Frank, Jeffrey) (Entered: 06/30/2017)

STATUS Report by City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation (Gandurski, Kelley) (Entered: 06/30/2017)

STATUS Report from Plaintiffs' by Tent City Alternative to LSD Viaducts, Andy Thayer (Mills, Alan) (Entered: 06/30/2017)

MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the Initial Status Report 12, the parties appear to consent to proceed before the assigned Magistrate Judge. The parties are therefore directed to sign and file the required consent form, available on the Court's web site, and the case will be transferred to Magistrate Judge Schenkier pursuant to Local Rule 73.1. The status hearing set on July 6, 2017 is stricken and will be reset only if the parties have failed to file a consent form by July 14, 2017. Mailed notice (ma,) (Entered: 06/30/2017)

JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Gandurski, Kelley) (Entered: 06/30/2017)

JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Mills, Alan) (Entered: 06/30/2017)

MINUTE entry before the Honorable John J. Tharp, Jr: The parties having consented to proceed before the assigned Magistrate Judge 13, the case isreferred to the Executive Committee for reassignment to Magistrate Judge Schenkier. Mailed notice (air, ) (Entered: 07/05/2017)

ORDER REASSIGNING: Case to the Honorable Sidney I. Schenkier, pursuant to Local Rule 73.1 for all further proceedings, parties having consented to the reassignment. Honorable John J. Tharp, Jr no longer assigned to the case. Signed by Honorable John J. Tharp, Jr on 07/05/2017. (nsf, ) (Entered: 07/05/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: The Court, sua sponte, sets the matter for a status hearing before the magistrate judge on 7/18/17 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 07/06/2017)

ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Adele D. Nicholas (Nicholas, Adele D.) (Entered: 07/07/2017)

ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Molly Armour (Armour, Molly) (Entered: 07/07/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. Plaintiffs' counsel further reports that he wishes to file an amended complaint and a motion for preliminary injunction. Plaintiffs' counsel is given leave to file his amended complaint by no later than 8/01/17; by agreement, that amended complaint shall include a specification of the errors that plaintiffs allege in the administrative proceeding. Plaintiffs' counsel shall submit a letter to defendants' counsel specifying what the parameters of any standstill agreement he proposes. By agreement, plaintiffs' counsel will not file a motion for preliminary injunction pending the filing of the amended complaint and the next status hearing. The matter is set for a status hearing before the magistrate judge on 8/09/17 at 9:00 a.m. for a report on how the parties wish to proceed with the case. Mailed notice. (jj, ) (Entered: 07/18/2017)

First AMENDED complaint by Tent City Alternative to LSD Viaducts, Andy Thayer against City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation, City of Chicago (Armour, Molly) Docket text modified on 8/2/2017 (ags, ). (Entered: 08/01/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. Defendants' are given leave to file their response to the first amended complaint by 9/08/17. The matter is set for a status hearing before the magistrate judge on 9/13/17 at 8:15 a.m. Mailed notice. (jj, ) (Entered: 08/10/2017)

MOTION by Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer for preliminary injunction (Frank, Jeffrey) (Entered: 08/27/2017)

NOTICE of Motion by Jeffrey H. Frank for presentment of motion for preliminary injunction 25 before Honorable Sidney I. Schenkier on 8/31/2017 at 08:30 AM. (Frank, Jeffrey) (Entered: 08/27/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: The Court, sua sponte, RESETS the TIME of the motion hearing regarding plaintiffs' motion for a preliminary injunction (doc. # 25 ) before the magistrate judge to 8/31/17 at 10:00 a.m. Mailed notice. (jj, ) (Entered: 08/30/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: Motion hearing held. By agreement, the Court sets the following briefing schedule regarding plaintiffs' motion for a preliminary injunction (doc. # 25 ): defendants' response is due by no later than 5:00 p.m. on 9/07/17; no replies may be filed by plaintiff. For the reasons stated on the record, defense counsel's oral motion for an extension of time to file their answer is denied. Defendants' answer is to be filed by 9/07/17. The matter is set for a status hearing before the magistrate judge on 9/08/17 at 2:00 p.m. Mailed notice. (jj, ) (Entered: 08/31/2017)

ATTORNEY Appearance for Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation by Andrew W Worseck (Worseck, Andrew) (Entered: 09/07/2017)

ANSWER to Complaint by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation(Gandurski, Kelley) (Entered: 09/07/2017)

NOTICE by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation re answer to complaint 30 (Gandurski, Kelley) (Entered: 09/07/2017)

RESPONSE by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation to MOTION by Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer for preliminary injunction 25 (Attachments: # 1 Exhibit Exhibits A - E)(Worseck, Andrew) (Entered: 09/07/2017)

1 Exhibit Exhibits A - E

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TRANSCRIPT OF PROCEEDINGS held on August 31, 2017 before the Honorable Sidney I. Schenkier. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 9/29/2017. Redacted Transcript Deadline set for 10/10/2017. Release of Transcript Restriction set for 12/7/2017. (Hanhardt, Joene) (Entered: 09/08/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. Defense counsel's unopposed oral motion for leave to participate in pre-hearing discovery is granted. By no later than 5:00 p.m. on 9/12/17, (1) each side shall provide to the other side a statement setting forth the substance of the testimony any witness called at the evidentiary hearing will provide, and (2) the parties are to submit to Judge Schenkier's proposed order box the statements from the administrative record (with page citations) that they wish the Court to consider. The parties shall meet and confer to attempt to reach a stipulation as to factual material relevant to standing. The status hearing set for 9/13/17 is hereby stricken. The matter is set for an evidentiary hearing before the magistrate judge on 9/14/17 at 10:00 a.m., and oral argument is set for 9/14/17 at 2:00 p.m. Mailed notice. (jj, ) (Entered: 09/08/2017)

ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Nicole Rae Schult (Schult, Nicole) (Entered: 09/13/2017)

MOTION by Plaintiffs Tent City Alternative to LSD Viaducts, Andy ThayerCorrect Name of Plaintiff (Mills, Alan) (Entered: 09/13/2017)

NOTICE of Motion by Alan S. Mills for presentment of motion for miscellaneous relief 36 before Honorable Sidney I. Schenkier on 9/14/2017 at 10:00 AM. (Mills, Alan) (Entered: 09/13/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: Telephone status hearing held with all counsel regarding the parties' proposed witnesses and exhibits for the 9/14/17 hearings. As stated on the record, the parties are to exchange each of their proposed stipulations by no later than 3:30 p.m. The parties are to further have a meet and confer (by telephone, if an in person meet and confer is not practicable) by no later than 5:00 p.m. for purposes of reaching agreement on the proposed stipulations. Any stipulations reached by the parties shall be submitted to Judge Schenkier's proposed order box by no later than 9:00 a.m. on 9/14/17. Mailed notice. (jj, ) (Entered: 09/13/2017)

LETTER from Plaintiff dated 9/12/17. (Exhibits). (jj, ) (Entered: 09/15/2017)

Abstract of the Record of Proceedings at the City of Chicago's Department of Administrative Hearings by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation. (jj, ) (Entered: 09/15/2017)

Agreed Undisputed Facts For Purposes Of Preliminary Injunction Evidentiary Hearing by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation, Andy Thayer, Uptown Tent City Organizers. (jj, ) (Entered: 09/15/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: Motion hearings held. For the reasons stated on the record, plaintiffs' motion to correct the name of plaintiff "Tent City Alternative to LSD Viaducts" (doc. # 36 ) is granted. We hereby ask the Clerk of the Court to correct the name of that plaintiff to Uptown Tent City Organizers. Evidentiary hearing held on plaintiffs' motion for preliminary injunction (doc. # 25 ). Evidentiary proceeding concluded. Oral argument held. As stated on the record, plaintiffs' motion for a preliminary injunction (doc. # 25 ) is taken under advisement. The matter is set for ruling on the motion before the magistrate judge on 9/15/17 at 1:30 p.m. Mailed notice. (jj, ) (Entered: 09/14/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: Ruling on motion hearing held. For the reasons stated on the record, plaintiffs' motion for a preliminary injunction (doc. # 25 ) is denied. The matter is set for a status hearing before the magistrate judge on 9/26/17 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 09/15/2017)

TRANSCRIPT OF PROCEEDINGS held on 9-15-17 before the Honorable Sidney I. Schenkier. Ruling. Court Reporter Contact Information: Sandra M. Mullin, Sandra_Mullin@ilnd.uscourts.gov, 312-554-8244. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/12/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/20/2017. (Mullin, Sandra) (Entered: 09/21/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. Plaintiffs' unopposed oral motion for leave to file a motion to amend the complaint is granted. Plaintiffs' motion for leave to file an amended complaint (with the attached proposed amendment) is to be filed by 10/24/17. The matter is set for a status and motion hearing before the magistrate judge on 10/31/17 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 09/26/2017)

MOTION by Plaintiffs Andy Thayer, Uptown Tent City Organizers for extension of time to amend complaint (Attachments: # 1 Notice of Filing)(Mills, Alan) (Entered: 10/25/2017)

1 Notice of Filing

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MINUTE entry before the Honorable Sidney I. Schenkier: Plaintiffs' motion for extension of time to file an amended complaint (doc. # 46 ) is granted; no appearance on the motion is required. Plaintiffs may file an amended complaint by 11/07/17. The status hearing with the magistrate judge set for 10/31/17 is RESET to 11/21/17 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 10/26/2017)

SECOND AMENDED complaint by Andy Thayer, Uptown Tent City Organizers against All Defendants (Mills, Alan) (Entered: 11/07/2017)

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. For the reasons stated on the record, defense counsel's unopposed oral motion for an extension to time to file their responsive pleading is granted. Defendants' response to the amended complaint is to be filed by 1/05/18. The matter is set for a status hearing before the magistrate judge on 1/23/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 11/21/2017)

TRANSCRIPT OF PROCEEDINGS held on 9/14/17 before the Honorable Sidney I. Schenkier. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, joseph_rickhoff@ilnd.uscourts.gov. <P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 12/27/2017. Redacted Transcript Deadline set for 1/8/2018. Release of Transcript Restriction set for 3/6/2018. (Rickhoff, Joseph) (Entered: 12/06/2017)

MOTION by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation for extension of time UNOPPOSED (Sobota, Margaret) (Entered: 01/02/2018)

UNOPPOSED NOTICE of Motion by Margaret R. Sobota for presentment of extension of time 51 before Honorable Sidney I. Schenkier on 1/9/2018 at 08:30 AM. (Sobota, Margaret) (Entered: 01/02/2018)

MINUTE entry before the Honorable Sidney I. Schenkier: Defendant's unopposed motion for an extension of time to answer or otherwise plead to plaintiffs' second amended complaint (doc. # 51 ) is granted; no appearance on the motion is required. Defendant shall respond to the second amended complaint by 1/19/18. The status hearing set for 1/23/18 is RESET to 2/06/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 01/03/2018)

RESPONSE by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation to administrative record 9 (Gandurski, Kelley) (Entered: 01/19/2018)

NOTICE by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation re Response 54 (Gandurski, Kelley) (Entered: 01/19/2018)

MOTION by Defendants City of Chicago Department of Transportation, City of Chicago Department of Administrative Hearings, City Of Chicago to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) (Sobota, Margaret) (Entered: 01/19/2018)

NOTICE of Motion by Margaret R. Sobota for presentment of motion to dismiss 56 before Honorable Sidney I. Schenkier on 2/6/2018 at 09:00 AM. (Sobota, Margaret) (Entered: 01/19/2018)

MOTION by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation for leave to file excess pages UNOPPOSED (Attachments: # 1 Exhibit A)(Sobota, Margaret) (Entered: 01/19/2018)

1 Exhibit A

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NOTICE of Motion by Margaret R. Sobota for presentment of motion for leave to file excess pages 58 before Honorable Sidney I. Schenkier on 1/25/2018 at 08:30 AM. (Sobota, Margaret) (Entered: 01/19/2018)

MINUTE entry before the Honorable Sidney I. Schenkier: Defendant's unopposed motion for leave to file a memorandum in excess of 15 pages (doc. # 58 ) is granted; no appearance on the motion is filed. By a separate order, we set a briefing schedule on defendant's motion to dismiss (doc. # 56 ) and a deadline for plaintiffs' reply to defendants' response to the specification of errors (doc. # 54 ). ENTER ORDER. The status hearing with the magistrate judge set for 2/06/18 is RESET to 4/04/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 01/24/2018)

AGREED ORDER AND BRIEFING SCHEDULE. Signed by the Honorable Sidney I. Schenkier on 1/24/2018. Mailed notice. (jj, ) (Entered: 01/24/2018)

MEMORANDUM by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation in support of motion to dismiss 56 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sobota, Margaret) (Entered: 01/24/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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MOTION by Plaintiffs Andy Thayer, Uptown Tent City Organizers for leave to file excess pages (Attachments: # 1 Exhibit A, # 2 Notice of Filing)(Mills, Alan) (Entered: 02/23/2018)

1 Exhibit A

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2 Notice of Filing

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NOTICE of Motion by Alan S. Mills for presentment of motion for leave to file excess pages 63 before Honorable Sidney I. Schenkier on 3/1/2018 at 08:30 AM. (Mills, Alan) (Entered: 02/23/2018)

MINUTE entry before the Honorable Sidney I. Schenkier: Plaintiffs' unopposed motion for leave to file a memorandum in excess of 15 pages (doc. # 63 ) is granted; no appearance on the motion is required. Plaintiffs are given leave to file the memorandum of law attached to the motion. Defendants are given leave to file a reply not to exceed 35 pages. Mailed notice (ber, ) (Entered: 02/27/2018)

RESPONSE by Andy Thayer, Uptown Tent City Organizersin Opposition to MOTION by Defendants City of Chicago Department of Transportation, City of Chicago Department of Administrative Hearings, City Of Chicago to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) 56 (Attachments: # 1 Certificate of Service)(Mills, Alan) (Entered: 02/28/2018)

1 Certificate of Service

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MOTION by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation for extension of time UNOPPOSED (Sobota, Margaret) (Entered: 03/21/2018)

UNOPPOSED NOTICE of Motion by Margaret R. Sobota for presentment of extension of time 67 before Honorable Sidney I. Schenkier on 3/27/2018 at 08:30 AM. (Sobota, Margaret) (Entered: 03/21/2018)

MINUTE entry before the Honorable Sidney I. Schenkier: Defendants' unopposed motion for extension of time (doc. # 67 ) is granted; no appearance on the motion is required. Defendants' reply memorandum in support of their motion to dismiss shall be filed by 4/13/18. The status hearing with the magistrate judge set for 4/04/18 is stricken. We will reset the matter for a status after reviewing the briefs on the motion and determining whether oral argument would be helpful. Mailed notice. (jj, ) (Entered: 03/23/2018)

REPLY by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation to motion to dismiss 56 (Sobota, Margaret) (Entered: 04/13/2018)

MOTION by Attorney Kelley A. Gandurski to withdraw as attorney for City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation. No party information provided (Gandurski, Kelley) (Entered: 04/27/2018)

NOTICE of Motion by Kelley A. Gandurski for presentment of motion to withdraw as attorney 71 before Honorable Sidney I. Schenkier on 5/8/2018 at 08:30 AM. (Gandurski, Kelley) (Entered: 04/27/2018)

MINUTE entry before the Honorable Sidney I. Schenkier: Unopposed motion to withdraw (doc. # 71 ) is granted; no appearance on the motion is required. We ask the Clerk of the Court to terminate the appearance of Kelley A. Gandurski as one of the attorneys for the defendants. Mailed notice. (jj, ) (Entered: 04/27/2018)

MINUTE entry before the Honorable Sidney I. Schenkier: ENTER MEMORANDUM OPINION AND ORDER. Defendants' motion to dismiss (doc. # 56 ) is granted. We dismiss Counts III through VI, without prejudice, for lack of subject matter jurisdiction; we dismiss Count II, with prejudice, for failure to state a claim; and, with no federal claim remaining in the case, we relinquish supplemental jurisdiction over Count I. Civil case terminated. Mailed notice. (jj, ) (Entered: 06/05/2018)

MEMORANDUM Opinion and Order Signed by the Honorable Sidney I. Schenkier on 6/5/2018. Mailed notice. (jj, ) (Entered: 06/05/2018)

ENTERED JUDGMENT. Mailed notice. (jj, ) (Entered: 06/05/2018)