| 1 |
Filed: 4/10/2000, Entered: 4/10/2000 |
Notice of Removal |
 |
|
NOTICE OF REMOVAL from Champaign County, IL; Case Number: 00-LM-325. Case referred to Mag. Judge David G. Bernthal. (KM, ilcd)
|
|
|
| 2 |
Filed: 4/10/2000, Entered: 4/10/2000 |
Filing Fee Received |
|
FILING FEE PAID on 4/10/00 in the amount of $150.00 receipt #42048. (KM, ilcd)
|
|
|
| 3 |
Filed: 4/10/2000, Entered: 4/10/2000 |
Notice of Appearance of Attorney |
|
ATTORNEY APPEARANCE by Madeline C McLauchlan for all defendants (KM, ilcd)
|
|
|
| 4 |
Filed: 4/10/2000, Entered: 4/10/2000, Terminated: 7/14/2000 |
Motion to Dismiss |
|
MOTION by all defendants to dismiss (KM, ilcd) Modified on 06/27/2000
|
|
|
| 5 |
Filed: 4/10/2000, Entered: 4/10/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM OF LAW IN SUPPORT of dft's motion to dismiss pursuant to FRCP 12(b)(1) [4-1] by all defendants (KM, ilcd)
|
|
|
| 6 |
Filed: 4/20/2000, Entered: 4/20/2000 |
Notice (Other) |
|
NOTICE of Filing motion to dismiss by defendants Gary Johnson and TAC Collections Inc (SK, ilcd)
|
|
|
| 7 |
Filed: 4/20/2000, Entered: 4/20/2000 |
Notice (Other) |
|
NOTICE of Notice of Removal by defendants Gary Johnson and TAC Collections Inc (SK, ilcd)
|
|
|
| 8 |
Filed: 5/22/2000, Entered: 5/22/2000 |
Notice of Appearance of Attorney |
|
ATTORNEY APPEARANCE by Samuel H Young for plaintiff William Furse (SK, ilcd)
|
|
|
| 9 |
Filed: 5/22/2000, Entered: 6/7/2000 |
Motion to Remand |
|
MOTION by plaintiff William Furse to remand (SK, ilcd)
|
|
|
| 10 |
Filed: 5/22/2000, Entered: 5/22/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of response [9-1] by plaintiff William Furse (SK, ilcd)
|
|
|
| 11 |
Filed: 5/22/2000, Entered: 5/22/2000 |
Notice (Other) |
|
NOTICE of Filing Response to Notice of Removal by plaintiff William Furse (SK, ilcd)
|
|
|
| -- |
Filed: 5/25/2000, Entered: 5/25/2000 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. A motion hearing regarding all pending motions is scheduled by telephone conference for 6/13/00 at 9:30 am. The Court will initiate the call. (cc: all counsel) (SK, ilcd) Modified on 06/27/2000
|
|
|
| 12 |
Filed: 5/31/2000, Entered: 5/31/2000 |
Certificate of Interest |
|
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendants Gary Johnson and TAC Collections Inc (SK, ilcd)
|
|
|
| 13 |
Filed: 5/31/2000, Entered: 5/31/2000, Terminated: 6/13/2000 |
Motion to Strike |
|
MOTION by Defendants Gary Johnson and TAC Collections Inc to Strike Plaintiff's Response to Notice of Removal and the Memorandum of Law in Support Thereof , or in the Alternative, Should the Court Consider the Documents Filed to be a Motion for Remand, for order to Deny Said Motion. (SK, ilcd)
|
|
|
| 14 |
Filed: 5/31/2000, Entered: 5/31/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of Motion to Strike Plaintiff's Response to Notice of Removal and the Memorandum of Law in Support Thereof [13-1], and motion for order [13-2] to deny said motion should the court consider the documents filed to be a Motion for Remand by defendants Gary Johnson and defendant TAC Collections Inc (SK, ilcd)
|
|
|
| -- |
Filed: 6/7/2000, Entered: 6/7/2000 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. The Clerk of the Court is directed to change the docket listing #9 "Response to Notice of Removal" filed 5/22/00 to "Motion to Remand." (cc: all counsel) (SK, ilcd)
|
|
|
| 15 |
Filed: 6/7/2000, Entered: 6/7/2000, Terminated: 7/14/2000 |
Motion for Sanctions |
|
MOTION by defendants Gary Johnson and TAC Collections Inc for sanctions (SK, ilcd)
|
|
|
| 16 |
Filed: 6/7/2000, Entered: 6/7/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion for sanctions [15-1] by defendants Gary Johnson and TAC Collections Inc (SK, ilcd)
|
|
|
| -- |
Filed: 6/13/2000, Entered: 6/13/2000 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Motion hearing held 6/13/00. Appearance of pla by Samuel Young. Appearance of dfts by Madeline McLauchlan. Argument's heard by parties regarding doc's 9 and 13. Court denied motion to Strike Plaintiff's Response to Notice of Removal and the Memorandum of Law in Support Thereof [13-1] and motion for order [13-2]. Court denied motion to remand [9-1]. Plaintiff given leave over dft's objection to respond to motion for sanctions [15-1] and motion to dismiss [4-1] within 14 days. Ddl for response is 6/27/00. (cc: all counsel) (SLJ, ilcd)
|
|
|
| 17 |
Filed: 6/27/2000, Entered: 6/27/2000, Terminated: 7/14/2000 |
Motion for Leave to File |
|
MOTION by plaintiff William Furse for leave to file amended complaint and for order to add two defendants (SK, ilcd) Modified on 06/27/2000
|
|
|
| 18 |
Filed: 6/27/2000, Entered: 6/27/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion for leave to file amended complaint [10-1], and motion for order to add two defendants [10-2] by plaintiff William Furse (SK, ilcd) Modified on 06/27/2000
|
|
|
| 19 |
Filed: 6/27/2000, Entered: 6/27/2000 |
Response to Motion |
|
RESPONSE by plaintiff William Furse to motion for sanctions [15-1] (SK, ilcd) Modified on 06/27/2000
|
|
|
| 20 |
Filed: 7/7/2000, Entered: 7/7/2000 |
Response to Motion |
|
RESPONSE IN OPPOSITION by dfts TAC Collections Inc, Gary Johnson to motion for leave to file amended complaint [17-1] and to motion for order to add two defendants [17-2] (VB, ilcd) Modified on 07/07/2000
|
|
|
| 21 |
Filed: 7/7/2000, Entered: 7/7/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of response in opposition to pla's motion to file amended complaint and for order to add to defendants [20-1] by dfts TAC Collections Inc, Gary Johnson (VB, ilcd)
|
|
|
| 22 |
Filed: 7/14/2000, Entered: 7/14/2000 |
Order |
|
|
ORDER by Mag. Judge David G. Bernthal. Crt is granting pla's motion for leave to file amended complaint [17-1], granting pla's motion order to add two defendants [17-2]. The Clerk of the Crt shall file the proposed amd cmp instanter. Summons shall issue against the two additional defendants, Erwin Goldfarb and Meyer Capel, a professional corporation. Pursuant to ILCD-LR 7.1(E), the motion to dismiss [4-1] will be deemed MOOT unless specificall revived by movants within 14 days of the service of the amd cmp. Dfts' motion for sanctions [15-1] is DENIED as untimely with leave to file upon ultimate resolution of pla's claim against them. (SEE ORDER) (cc: all counsel) (VB, ilcd)
|
|
|
| 23 |
Filed: 7/14/2000, Entered: 7/14/2000 |
Amended Complaint |
|
AMENDED COMPLAINT by plaintiff William Furse [1-2]; adding Meyer Capel, a professional corporation and Erwin Goldfarb (VB, ilcd) Modified on 08/03/2000
|
|
|
| 24 |
Filed: 8/2/2000, Entered: 8/2/2000 |
Summons Issued |
|
SUMMONS issued as to defendants Meyer Capel and Erwin Goldfarb and returned to plaintiff's attorney (MT, ilcd) Modified on 08/03/2000
|
|
|
| 25 |
Filed: 8/3/2000, Entered: 8/3/2000, Terminated: 11/17/2000 |
Motion to Dismiss |
|
MOTION by defendant Gary Johnson, defendant TAC Collections Inc to dismiss amended complaint (MT, ilcd)
|
|
|
| 26 |
Filed: 8/3/2000, Entered: 8/3/2000 |
Miscellaneous Document |
|
CERTIFICATE OF COMPLIANCE with CDIL-LR 7.1(B)(2) by defendant Gary Johnson, defendant TAC Collections Inc (MT, ilcd)
|
|
|
| 27 |
Filed: 8/3/2000, Entered: 8/3/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion to dismiss amended complaint [25-1] by defendant Gary Johnson, defendant TAC Collections Inc (MT, ilcd)
|
|
|
| 28 |
Filed: 8/3/2000, Entered: 8/3/2000 |
Miscellaneous Document |
|
CERTIFICATE OF SERVICE of motion to dismiss amended complaint and memorandum of law by defendant Gary Johnson, defendant TAC Collections Inc (MT, ilcd)
|
|
|
| 29 |
Filed: 8/23/2000, Entered: 8/23/2000, Terminated: 12/19/2000 |
Motion to Dismiss |
|
MOTION by defendant Erwin Goldfarb to dismiss amended complaint (JW, ilcd)
|
|
|
| 30 |
Filed: 8/24/2000, Entered: 8/24/2000 |
Miscellaneous Document |
|
CERTIFICATE OF MAILING re: Motion to Dismiss Amended Complaint, by defendant Erwin Goldfarb (JW, ilcd)
|
|
|
| 31 |
Filed: 8/29/2000, Entered: 8/29/2000, Terminated: 11/17/2000 |
Report and Recommendations |
|
|
MAGISTRATE'S RECOMMENDATION re: motion to dismiss amended complaint [25-1] by TAC Collections Inc, Gary Johnson by Mag. Judge David G. Bernthal. For the reasons stated above, the court recommends granting defendants' motion to dismiss amended complaint (25). Because plaintiff can conceivably amend his complaint to state a claim, the dismissal should be without prejudice and plaintiff shall be granted leave to file an amended complaint within 14 days of the order ruling on the motion. The parties are advised that any objection to this recommendation must be filed in writing with the clerk within 10 working days after being served with a copy of this report and recommendation. Failure to object will constitute a waiver of objections on appeal. Case referral terminated. (cc: all counsel) (MT, ilcd)
|
|
|
| 32 |
Filed: 9/1/2000, Entered: 9/1/2000 |
Service - Miscellaneous |
|
RETURN OF SERVICE executed upon defendant Meyer Capel on 8/11/00 (SLJ, ilcd)
|
|
|
| 33 |
Filed: 9/1/2000, Entered: 9/1/2000 |
Service - Miscellaneous |
|
RETURN OF SERVICE executed upon defendant Erwin Goldfarb on 8/14/00 (SLJ, ilcd)
|
|
|
| 34 |
Filed: 9/5/2000, Entered: 9/5/2000, Terminated: 9/22/2000 |
Motion for Extension of Time to File |
|
MOTION by plaintiff William Furse to extend time to respond to motion to dismiss by dft Goldfarb and Johnson and TAC Collections (MT, ilcd)
|
|
|
| 35 |
Filed: 9/5/2000, Entered: 9/5/2000 |
Objection to Report and Recommendations |
|
OBJECTIONS by plaintiff William Furse to magistrate's report and recommendation [31-1] (MT, ilcd)
|
|
|
| 35 |
Filed: 9/5/2000, Entered: 9/5/2000, Terminated: 9/22/2000 |
Motion to Vacate |
|
MOTION by plaintiff William Furse to vacate report and recommendation and to permit plaintiff to file response motion of Johnson & Assoc and TAC Collections to dismiss (MT, ilcd)
|
|
|
| 36 |
Filed: 9/5/2000, Entered: 9/5/2000 |
Notice (Other) |
|
NOTICE OF FILING motion for extension of time to respond to motion to dismiss and objections to report and recommendation and motion to vacate report and recommendation by plaintiff William Furse (MT, ilcd)
|
|
|
| 37 |
Filed: 9/6/2000, Entered: 9/6/2000 |
Response - Miscellaneous |
|
OBJECTIONS to the Report and Recommendation by defendant Gary Johnson, defendant TAC Collections Inc to (JW, ilcd)
|
|
|
| 38 |
Filed: 9/6/2000, Entered: 9/6/2000, Terminated: 11/17/2000 |
Motion for Sanctions |
|
Supplemental MOTION by defendant Gary Johnson, defendant TAC Collections Inc for sanctions (JW, ilcd)
|
|
|
| 39 |
Filed: 9/6/2000, Entered: 9/6/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion for sanctions [38-1] by defendant Gary Johnson, defendant TAC Collections Inc (JW, ilcd)
|
|
|
| 40 |
Filed: 9/6/2000, Entered: 9/6/2000, Terminated: 11/17/2000 |
Motion for Order |
|
MOTION by defendant Gary Johnson, defendant TAC Collections Inc to reinstate (JW, ilcd)
|
|
|
| 41 |
Filed: 9/7/2000, Entered: 9/7/2000 |
Response to Motion |
|
RESPONSE IN OPPOSITION by defendants Gary Johnson and TAC Collections Inc to motion to vacate report and recommendation and to permit plaintiff to file response motion of Johnson & Assoc and TAC Collections to dismiss [35-1] and motion to extend time to respond to motion to dismiss by dft Goldfarb and Johnson and TAC Collections [34-1] (KM, ilcd)
|
|
|
| 42 |
Filed: 9/12/2000, Entered: 9/12/2000, Terminated: 12/19/2000 |
Motion to Dismiss |
|
MOTION by defendant Meyer Capel to dismiss amended complaint (JW, ilcd)
|
|
|
| 43 |
Filed: 9/12/2000, Entered: 9/12/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of motion to dismiss amended complaint [42-1] by defendant Meyer Capel (JW, ilcd)
|
|
|
| 44 |
Filed: 9/19/2000, Entered: 9/19/2000 |
Response |
|
RESPONSE by plaintiff William Furse to objection to report and recommendation [37-1] (MT, ilcd)
|
|
|
| 45 |
Filed: 9/19/2000, Entered: 9/19/2000 |
Response to Motion |
|
RESPONSE by plaintiff William Furse to motion to reinstate [40-1], motion for sanctions [38-1] (MT, ilcd)
|
|
|
| -- |
Filed: 9/22/2000, Entered: 9/22/2000 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Michael P. McCuskey denying motion to vacate report and recommendation and to permit plaintiff to file response motion of Johnson & Assoc and TAC Collections to dismiss [35-1] ; the Court will allow Plaintiff to file additional objection to Mag's Recommendation due by 10/2/00. If such objections are not received by 10/02/00, no further responses to the Report and Recommendation will be accepted and the Court will rule only on Defendant's objections. Court is granting motion to extend time to respond to motion to dismiss by dft Goldfarb and denying motion for extension of time to respond to motion to dismiss filed by Johnson and TAC Collections [34-1] (cc: all counsel) (JW, ilcd)
|
|
|
| 46 |
Filed: 10/2/2000, Entered: 10/2/2000 |
Response - Miscellaneous |
|
OBJECTIONS by plaintiff William Furse to report & recommendation motion re: motion to dismiss amended complaint [25-1] by TAC Collections Inc, Gary Johnson [31-1] (JW, ilcd)
|
|
|
| 47 |
Filed: 10/2/2000, Entered: 10/2/2000, Terminated: 10/3/2000 |
Motion for Leave to File |
|
MOTION by plaintiff William Furse for leave to file Instanter Plaintiff's response and memorandum of law to motion to dismiss and memorandum of law of Defendant Meyer, Capel, Professional Corporation (JW, ilcd)
|
|
|
| 48 |
Filed: 10/2/2000, Entered: 10/2/2000 |
Response |
|
RESPONSE by plaintiff William Furse to Goldfarb's motion to dismiss [29-1] (JW, ilcd)
|
|
|
| 49 |
Filed: 10/2/2000, Entered: 10/2/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of response to Erwin Goldfarb's motion to dismiss Amended Complaint [48-1] by plaintiff William Furse (JW, ilcd)
|
|
|
| -- |
Filed: 10/3/2000, Entered: 10/3/2000 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Michael P. McCuskey. Plaintiff filed a Motion for leave to file Instanter Plaintiff's response and memorandum of law to motion to dismiss and memorandum of law of Defendant Meyer, Capel, Professional Corporation [47-1] on October 2, 2000. Defendant has no objection to this motion. Plaintiff's Motion is GRANTED. (cc: all counsel) (SLJ, ilcd)
|
|
|
| 50 |
Filed: 10/3/2000, Entered: 10/3/2000 |
Response to Motion |
|
RESPONSE by plaintiff William Furse to motion to dismiss amended complaint [42-1] (SLJ, ilcd)
|
|
|
| 51 |
Filed: 10/3/2000, Entered: 10/3/2000 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of response to Meyer, Capel's Motion to Dismiss Amended Complaint [50-1] by plaintiff William Furse (SLJ, ilcd)
|
|
|
| 52 |
Filed: 10/6/2000, Entered: 10/6/2000, Terminated: 10/11/2000 |
Reply to Response to Motion |
|
REPLY by defendant Erwin Goldfarb to plaintiff's response to motion to dismiss amended complaint [29-1] (SLJ, ilcd)
|
|
|
| -- |
Filed: 10/11/2000, Entered: 10/11/2000 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal striking reply [52-1]. Defendant Erwin Goldfarb's Reply to Plaintiff's Response to Motion to Dismiss is hereby STRICKEN. No reply is authorized pursuant to CDIL-LR 7.1(B)(1). (cc: all counsel) (JW, ilcd) Modified on 10/11/2000
|
|
|
| 53 |
Filed: 10/11/2000, Entered: 10/11/2000, Terminated: 11/17/2000 |
Motion to Strike |
|
MOTION by defendant Gary Johnson, defendant TAC Collections Inc to strike Plaintiff's additional objections to the Magistrate's Report and Recommendations (JW, ilcd)
|
|
|
| 54 |
Filed: 11/17/2000, Entered: 11/17/2000 |
Order |
|
|
ORDER by Judge Michael P. McCuskey denying motion to strike Plaintiff's additional objections to the Magistrate's Report and Recommendations [53-1]. Granting motion to dismiss amended complaint [25-1]; dismissing party TAC Collections Inc and party Gary Johnson . Count I of pla's Amended Complaint [23-1] is dismissed with prejudice with regard to the allegations of misleading letters sent by dfts TAC and Johnson; Count I of pla's Amended Complaint [23-1] is dismissed without prejudice as to the allegations regarding the lawsuit filed by Meyer while allegedly acting as agent for TAC and Johnson; Count II of pla's Amended Complaint [23-1] is dismissed with prejudice with regard to the allegations of misleading letters sent by dft Johnson; Count II of pla's Amended Complaint [23-1] is dismissed without prejudice as to the allegations regarding the lawsuit filed by Meyer while allegedly acting as agent for TAC and Johnson. Misc ddl of 12/1/00 set for pla to file an amended complaint as to those allegations which have been dismissed without prejudice . Case is referred to Mag. Judge David G. Bernthal for further proceedings (cc: all counsel). (KM, ilcd)
|
|
|
| -- |
Filed: 11/20/2000, Entered: 11/20/2000 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal; a telephone status hearing is scheduled for 12/4/00 at 9:30 . The Court will initiate the call (cc: all counsel). (KM, ilcd)
|
|
|
| -- |
Filed: 11/21/2000, Entered: 11/21/2000 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal; due to a conflict with the Court's calendar, the telephone status conference scheduled for 12/4/00 at 9:30 is VACATED and the status hearing is RESET at 11:15 on 12/4/00 by telephone . The Court will initiate the call (cc: all counsel). (KM, ilcd)
|
|
|
| 55 |
Filed: 11/30/2000, Entered: 11/30/2000, Terminated: 12/11/2000 |
Motion for Extension of Time to File |
|
MOTION by plaintiff William Furse to extend time to file amended complaint (KM, ilcd)
|
|
|
| -- |
Filed: 12/4/2000, Entered: 12/5/2000 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal; telephone status hearing held at 11:15 on 12/4/00 with appearance for pla by Samuel Young and with appearance for dft Meyer Capel by Lorna Geiler and with no appearance for dft Edwin Goldfarb (Court later notified it had incorrect telephone number for atty Stephen Sheffler, records have been corrected). Status of case discussed (cc: all counsel). (KM, ilcd)
|
|
|
| -- |
Filed: 12/11/2000, Entered: 12/11/2000 |
Order |
|
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time to file amended complaint [55-1]; misc ddl reset to 12/15/00 for pla to file an amended complaint (cc: all counsel). (KM, ilcd)
|
|
|
| 56 |
Filed: 12/11/2000, Entered: 12/11/2000 |
Response to Motion |
|
RESPONSE IN OPPOSITION by defendant Gary Johnson and defendant TAC Collections Inc to pla's motion to extend time to file amended complaint [55-1] (KM, ilcd)
|
|
|
| 57 |
Filed: 12/18/2000, Entered: 12/18/2000, Terminated: 12/19/2000 |
Motion for Leave to File |
|
MOTION by plaintiff William Furse for leave to file second amended complaint instanter (KM, ilcd)
|
|
|
| -- |
Filed: 12/19/2000, Entered: 12/19/2000 |
Order |
|
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to file second amended complaint instanter [57-1]. Due to filing of Second Amended Complaint, the Court finds the motion to dismiss amended complaint [42-1] and the motion to dismiss amended complaint [29-1] are MOOT (cc: all counsel). (KM, ilcd)
|
|
|
| 58 |
Filed: 12/19/2000, Entered: 12/19/2000 |
Amended Complaint |
|
SECOND AMENDED COMPLAINT filed by plaintiff William Furse. (KM, ilcd)
|
|
|
| 59 |
Filed: 12/26/2000, Entered: 12/26/2000, Terminated: 8/3/2001 |
Motion to Dismiss |
|
MOTION by defendant Erwin Goldfarb to dismiss second amended complaint (KM, ilcd)
|
|
|
| 60 |
Filed: 1/2/2001, Entered: 1/2/2001, Terminated: 8/3/2001 |
Motion to Dismiss |
|
MOTION by defendant Gary Johnson and defendant TAC Collections Inc to dismiss second amended complaint (KM, ilcd)
|
|
|
| 61 |
Filed: 1/9/2001, Entered: 1/9/2001 |
Response to Motion |
|
RESPONSE by plaintiff William Furse to motion to dismiss second amended complaint [59-1] (KM, ilcd)
|
|
|
| 62 |
Filed: 1/9/2001, Entered: 1/9/2001 |
Memorandum in Support of Motion |
|
MEMORANDUM OF LAW IN SUPPORT of motion response [61-1] by plaintiff William Furse (KM, ilcd)
|
|
|
| 63 |
Filed: 1/16/2001, Entered: 1/16/2001 |
Response to Motion |
|
RESPONSE by plaintiff William Furse to motion to dismiss second amended complaint [60-1] by TAC Collections and Gary Johnson (KM, ilcd)
|
|
|
| 64 |
Filed: 1/16/2001, Entered: 1/16/2001 |
Memorandum in Support of Motion |
|
MEMORANDUM OF LAW IN SUPPORT of motion response [63-1] by plaintiff William Furse (KM, ilcd)
|
|
|
| 65 |
Filed: 1/16/2001, Entered: 1/16/2001 |
Response to Motion |
|
RESPONSE by plaintiff William Furse to motion to dismiss second amended complaint [60-1] (SLJ, ilcd)
|
|
|
| 66 |
Filed: 1/16/2001, Entered: 1/16/2001 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of response to motion to dismiss [65-1] by plaintiff William Furse (SLJ, ilcd)
|
|
|
| 67 |
Filed: 1/16/2001, Entered: 1/16/2001 |
Notice (Other) |
|
NOTICE of filing doc's 65 and 66 by plaintiff William Furse (SLJ, ilcd)
|
|
|
| 68 |
Filed: 1/25/2001, Entered: 1/25/2001, Terminated: 8/3/2001 |
Motion to Dismiss |
|
MOTION by defendant Meyer Capel to dismiss second amended complaint pursuant to FRCP 12(b)(1) and 12(b)(6) (KM, ilcd)
|
|
|
| 69 |
Filed: 1/25/2001, Entered: 1/25/2001 |
Memorandum in Support of Motion |
|
MEMORANDUM OF LAW IN SUPPORT of motion to dismiss second amended complaint pursuant to FRCP 12(b)(1) and 12(b)(6) [68-1] by defendant Meyer Capel (KM, ilcd)
|
|
|
| 70 |
Filed: 2/5/2001, Entered: 2/5/2001 |
Notice (Other) |
|
NOTICE of filing of discovery documents by plaintiff William Furse (KM, ilcd)
|
|
|
| 71 |
Filed: 2/13/2001, Entered: 2/13/2001 |
Response to Motion |
|
RESPONSE by plaintiff William Furse to motion to dismiss second amended complaint pursuant to FRCP 12(b)(1) and 12(b)(6) [68-1] (SLJ, ilcd)
|
|
|
| 72 |
Filed: 2/13/2001, Entered: 2/13/2001 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of Furse's response to Meyer Capel's Motion to Dismiss [71-1] by plaintiff William Furse (SLJ, ilcd)
|
|
|
| 73 |
Filed: 3/12/2001, Entered: 3/12/2001 |
Miscellaneous Document |
|
CERTIFICATE filed as Notice of Filing discovery by defendant Erwin Goldfarb (KM, ilcd)
|
|
|
| 74 |
Filed: 3/26/2001, Entered: 3/26/2001, Terminated: 4/17/2001 |
Motion to Supplement |
|
MOTION by plaintiff William Furse to file supplement to his response to motion to dismiss by TAC Collections Inc and Gary Johnson (KM, ilcd) Modified on 04/19/2001
|
|
|
| 75 |
Filed: 4/2/2001, Entered: 4/2/2001 |
Response to Motion |
|
RESPONSE by defendant Gary Johnson and defendant TAC Collections Inc in opposition to pla's motion to file supplement to his response to motion to dismiss by TAC Collections Inc and Gary Johnson [74-1] (KM, ilcd)
|
|
|
| -- |
Filed: 4/17/2001, Entered: 4/17/2001 |
Order |
|
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying motion to file supplement to his response to motion to dismiss by TAC Collections Inc and Gary Johnson [74-1] (cc: all counsel). (KM, ilcd)
|
|
|
| 76 |
Filed: 6/7/2001, Entered: 6/7/2001, Terminated: 8/3/2001 |
Report and Recommendations |
|
|
MAGISTRATE'S RECOMMENDATION re: motion to dismiss second amended complaint pursuant to FRCP 12(b)(1) and 12(b)(6) [68-1] by Meyer Capel, motion to dismiss second amended complaint [60-1] by TAC Collections Inc, Gary Johnson, motion to dismiss second amended complaint [59-1] by Erwin Goldfarb by Mag. Judge David G. Bernthal. Judge Bernthal recommends GRANTING in part and DENYING in part all motions to dismiss second amended complaint above [59-1, 60-1, 68-1]. Case referral terminated (cc: all counsel). (KM, ilcd)
|
|
|
| 77 |
Filed: 6/7/2001, Entered: 6/7/2001 |
Order |
|
|
ORDER by Mag. Judge David G. Bernthal scheduling a Rule 16 conference at 9:30 on 7/24/01 by personal appearance before the U.S. District Judge Michael P. McCuskey and the U.S. Magistrate Judge David G. Bernthal sitting in Urbana, IL. (cc: all counsel with Rule 16 attachments) (SLJ, ilcd)
|
|
|
| 78 |
Filed: 6/18/2001, Entered: 6/18/2001 |
Response - Miscellaneous |
|
OBJECTIONS by defendant Gary Johnson to report & recommendation motion re: motion to dismiss second amended complaint pursuant to FRCP 12(b)(1) and 12(b)(6) [68-1] by Meyer Capel, motion to dismiss second amended complaint [60-1] by TAC Collections Inc, Gary Johnson, motion to dismiss second amended complaint [59-1] by Erwin Goldfarb [76-1] (KM, ilcd)
|
|
|
| 79 |
Filed: 6/18/2001, Entered: 6/18/2001 |
Memorandum in Support of Motion |
|
MEMORANDUM IN SUPPORT of objections to report and recommendations [78-1] by defendant Gary Johnson (KM, ilcd)
|
|
|
| 80 |
Filed: 6/18/2001, Entered: 6/18/2001 |
Response - Miscellaneous |
|
OBJECTIONS by defendant Meyer Capel to report & recommendation motion re: motion to dismiss second amended complaint pursuant to FRCP 12(b)(1) and 12(b)(6) [68-1] by Meyer Capel, motion to dismiss second amended complaint [60-1] by TAC Collections Inc, Gary Johnson, motion to dismiss second amended complaint [59-1] by Erwin Goldfarb [76-1] (KM, ilcd)
|
|
|
| 81 |
Filed: 6/19/2001, Entered: 6/19/2001 |
Objection to Report and Recommendations |
|
OBJECTIONS by plaintiff William Furse to magistrate's recommendation [76-1] (SLJ, ilcd)
|
|
|
| 82 |
Filed: 7/6/2001, Entered: 7/6/2001 |
Discovery - Miscellaneous |
|
PROPOSED DISCOVERY PLAN filed by plaintiff and defendants (SLJ, ilcd)
|
|
|
| 83 |
Filed: 7/11/2001, Entered: 7/11/2001 |
Discovery - Miscellaneous |
|
PROPOSED DISCOVERY PLAN filed by plaintiff William Furse (SLJ, ilcd)
|
|
|
| 84 |
Filed: 7/16/2001, Entered: 7/16/2001 |
Notice (Other) |
|
NOTICE of filing of pla's proposed scheduling order and discovery plan by plaintiff William Furse (KM, ilcd)
|
|
|
| 85 |
Filed: 7/19/2001, Entered: 7/19/2001, Terminated: 8/3/2001 |
Motion for Leave to File |
|
MOTION by plaintiff for leave to file amendment to second amended complaint (KW, ilcd)
|
|
|
| 86 |
Filed: 7/19/2001, Entered: 7/19/2001 |
Miscellaneous Document |
|
CERTIFICATE OF COMPLIANCE re Rule 26 disclosures by plaintiff William Furse (MT, ilcd)
|
|
|
| -- |
Filed: 7/24/2001, Entered: 7/24/2001 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Rule 16 conference held 9:30 7/24/01 . Appearance of plaintiff personally accompanied by his attorney Samuel Young; appearance of defendant Gary Johnson personally accompanied his attorney Madeline McLauchlan; appearance of defendant TAC Collections by Madeline McLauchlan and Mr. Burkhart of TAC; appearance of defendant Meyer Capel by Lorna Geiler; appearance of defendant Erwin Goldfarb personally accompanied by his attorney Stephen Sheffler. Parties advised of right to consent to the Magistrate Judge and of option to a settlement conference. Court adopts the defendant's discovery plan. Estimated length of trial is 2 days. Jury demand is withdrawn by defendant. Written order to be entered with scheduling deadlines. (cc: all counsel) (MT, ilcd)
|
|
|
| 87 |
Filed: 7/24/2001, Entered: 7/24/2001 |
Response to Motion |
|
RESPONSE in opposition by defendant Gary Johnson and defendant TAC Collections Inc to motion for leave to file amendment to second amended complaint [85-1] (KM, ilcd)
|
|
|
| 88 |
Filed: 7/24/2001, Entered: 7/24/2001 |
Miscellaneous Document |
|
CERTIFICATE OF COMPLIANCE with FRCP 26(1) disclosures by defendant Gary Johnson and defendant TAC Collections Inc (KM, ilcd)
|
|
|
| 89 |
Filed: 7/27/2001, Entered: 7/27/2001 |
Order |
|
|
DISCOVERY ORDER by Mag. Judge David G. Bernthal. Following a discovery conference held 7/24/01, the following scheduling deadlines are approved: misc ddl set 10/31/01 for amendment of pleadings; deadline for adjoining additional parties is 7/13/01 ; plaintiff shall disclose experts and provide expert reports by 8/15/01; plaintiff shall make any such experts available for deposition by 9/17/01; defendants shall disclose experts and provide expert reports by 10/31/01; defendants shall make any such experts available for deposition by 11/30/01; initial disclosures pursuant to FRCP 26(a)(1) shall be exchanged no later than 8/1/01. All discovery shall be completed by 12/17/01 , including deposition of experts; case-dispositive motion filing ddl set 1/16/02 . Final pretrial conference set 11:15 5/10/02 by personal appearance before Honorable Michael P. McCuskey; bench trial set 9:30 5/20/02 (Case No. 6) before Honorable Michael P. McCuskey. (cc: all counsel) (MT, ilcd)
|
|
|
| 90 |
Filed: 7/30/2001, Entered: 7/30/2001 |
Notice (Other) |
|
NOTICE of filing of mailing interrogatories by plaintiff William Furse (KM, ilcd)
|
|
|
| 91 |
Filed: 8/3/2001, Entered: 8/3/2001 |
Order |
|
|
ORDER by Judge Michael P. McCuskey granting in part and rejecting in part report & recommendation motion. [76-1] granting Dft Goldfarb's motion to dismiss second amended complaint [59-1], finding the Dfts' Johnson and TAC's motion to dismiss second amended complaint [60-1] denied as moot. Granting Dft Meyer Capel's motion to dismiss second amended complaint pursuant to FRCP 12(b)(1) and 12(b)(6) [68-1]. Denying motion for leave to file amendment to second amended complaint [85-1]. Case is remanded to the Circuit Court of the Sixth Judicial Circuit, Champaign County, IL. Case terminated. Parties responsible for their own costs. (cc: all counsel and certified copy to Circuit Court, Champaign County, IL) (SLJ, ilcd)
|
|
|
| 92 |
Filed: 8/3/2001, Entered: 8/3/2001 |
Judgment |
|
JUDGMENT in a civil case entered. The above captioned case is remanded back to the Sixth Judicial Circuit, Champaign County, Illinois. (cc: all counsel and the Sixth Judicial Circuit, Champaign County, IL) (SLJ, ilcd)
|
|
|
| 93 |
Filed: 8/6/2001, Entered: 8/6/2001 |
Miscellaneous Document |
|
CERTIFICATE of service of discovery by defendant Erwin Goldfarb (KM, ilcd)
|
|
|
| 94 |
Filed: 9/4/2001, Entered: 9/4/2001, Terminated: 1/17/2002 |
Notice of Appeal |
|
NOTICE of APPEAL by plaintiff William Furse from Dist. Court decision [91-1] and judgment [92-1] (MT, ilcd)
|
|
|
| 95 |
Filed: 9/4/2001, Entered: 9/4/2001 |
Notice (Other) |
|
NOTICE OF FILING by plaintiff William Furse (MT, ilcd)
|
|
|
| 96 |
Filed: 9/4/2001, Entered: 9/4/2001 |
Jurisdictional Statement |
|
JURISDICTIONAL DOCKETING STATEMENT filed by plaintiff William Furse (MT, ilcd)
|
|
|
| 97 |
Filed: 9/4/2001, Entered: 9/4/2001 |
USCA Appeal Fees |
|
Received appeal fee in amount of $ 105.00 (Receipt # U685) (MT, ilcd)
|
|
|
| 98 |
Filed: 9/4/2001, Entered: 9/4/2001 |
Short Record of Appeal Sent to USCA |
|
SHORT RECORD ON APPEAL sent to USCA (MT, ilcd)
|
|
|
| 99 |
Filed: 9/4/2001, Entered: 9/4/2001 |
Miscellaneous Document |
|
CERTIFICATE that no transcript will be ordered by plaintiff William Furse (MT, ilcd)
|
|
|
| 100 |
Filed: 9/4/2001, Entered: 9/4/2001, Terminated: 9/10/2001 |
Motion to Withdraw |
|
MOTION by plaintiff William Furse to withdraw record on appeal (MT, ilcd)
|
|
|
| -- |
Filed: 9/10/2001, Entered: 9/10/2001 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Michael P. McCuskey granting motion to withdraw record on appeal [100-1] (cc: all counsel) (MT, ilcd)
|
|
|
| 101 |
Filed: 9/10/2001, Entered: 9/10/2001 |
USCA Order |
|
USCA Order: This appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. (KM, ilcd)
|
|
|
| 102 |
Filed: 9/10/2001, Entered: 9/10/2001 |
USCA Notice of Docketing ROA |
|
Notification by USCA of Appellate Docket Number 01-3338 (KM, ilcd)
|
|
|
| -- |
Filed: 9/12/2001, Entered: 9/12/2001 |
Remark |
|
Remark Mailed Record on Appeal to atty Samuel Young - one volume of pleadings (MT, ilcd)
|
|
|
| 103 |
Filed: 9/20/2001, Entered: 9/20/2001 |
Receipt |
|
RECEIPT acknowledging one volume of pleadings by atty Samuel Young (SLJ, ilcd)
|
|
|
| 104 |
Filed: 10/1/2001, Entered: 10/2/2001 |
Letter |
|
LETTER from atty Samuel Young re: document not included in long record. (KM, ilcd)
|
|
|
| -- |
Filed: 10/15/2001, Entered: 10/16/2001 |
Remark |
|
Remark: Record on Appeal returned from atty Young. (KM, ilcd)
|
|
|
| 105 |
Filed: 10/15/2001, Entered: 10/16/2001 |
Designation of Record on Appeal |
|
DESIGNATION OF RECORD by plaintiff William Furse (KM, ilcd)
|
|
|
| 106 |
Filed: 11/2/2001, Entered: 11/5/2001 |
Motion to Withdraw |
|
MOTION by defendant Meyer Capel to withdraw record on appeal (KM, ilcd)
|
|
|
| -- |
Filed: 11/5/2001, Entered: 11/5/2001 |
Minutes - Miscellaneous |
|
MINUTE-ENTRY: by Judge Michael P. McCuskey granting dft Meyer Capel's motion to withdraw record on appeal [106-1] (cc: all counsel) (KM, ilcd)
|
|
|
| 107 |
Filed: 11/5/2001, Entered: 11/6/2001 |
Receipt |
|
RECEIPT of appeal record by Meyer Capel. (KM, ilcd)
|
|
|
| -- |
Filed: 11/7/2001, Entered: 11/7/2001 |
Remark |
|
Remark: Appeal record returned from Meyer Capel. (KM, ilcd)
|
|
|
| 108 |
Filed: 1/17/2002, Entered: 1/17/2002 |
USCA Mandate |
|
MANDATE from USCA dismissing the appeal [94-1] (KM, ilcd)
|
|
|
| -- |
Filed: 7/16/2003, Entered: 7/16/2003 |
Archives File Sent to FRC |
|
ARCHIVES FILE sent to FRC, Chicago on 5/23/03, Accession No. 021030129 Box No. 23 of 44 Location 249166-249173 (SD, ilcd)
|
