Cler v. Akers, et al

Federal Civil Lawsuit Illinois Central District Court, Case No. 2:02-cv-02071-DGB
District Judge David G. Bernthal, presiding
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District Judge David G. Bernthal
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Summary

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Parties
No Logo Barbara Cler, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James P Baker +1 217 522 3445 +1 217 522 8234 brendabakerlaw@sbcglobal.net
v.
No Logo . Board of Education of Community Unit School District No 7, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
No Logo Donald Akers, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Brian Braun +1 217 762 9416 +1 217 762 9713
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
No Logo Doug Rund, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
No Logo Fred Koss, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
No Logo Jim Fellmann, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
No Logo Kenneth Bonnell, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
No Logo Linda Friedemann, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
No Logo Lori Garrett, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
No Logo Michael Shonk, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
No Logo Paul Lewis, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space J Christian Miller +1 217 762 9416 +1 217 762 9713 cmiller@millertracy.com
Attributes
Office Urbana
Filed 3/19/2002
Jury Demand Both
Demand $40000
Nature of Suit 442 - Civil Rights: Employment
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Champaign
Terminated 9/29/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags 21, CLOSED, CONMAG, MTNDDL
Timeline
  Entries (59) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 48 Filed: 9/29/2003, Entered: 9/29/2003 OrderCourt Filing
ORDER OF DISMISSAL by Mag. Judge David G. Bernthal granting stipulation [47-1]. Case dismissed with prejudice and without costs, all costs having been paid by the respective parties. (cc: all counsel) (SD, ilcd)
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Blank 47 Filed: 9/26/2003, Entered: 9/29/2003, Terminated: 9/29/2003 Stipulation
STIPULATION TO DISMISS filed by plaintiff and all defendants(SD, ilcd) Modified on 09/29/2003
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Blank 46 Filed: 8/26/2003, Entered: 8/26/2003 OrderCourt Filing
ORDER FOLLOWING REPORT OF SETTLEMENT by Mag. Judge David G. Bernthal. This case has been reported settled by the parties. The parties are hereby directed to file with the court, within thirty-five (35) days of the date of this order, a stipulation of dismissal order. All time tables and scheduled hearings are vacated until further order. (cc: all counsel) (SD, ilcd)
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Blank -- Filed: 8/22/2003, Entered: 8/22/2003 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Telephone status hearing held 10:00 8/22/03 . Appearances by plaintiff Barbara Cler and her attorney James Baker; Howard Small appeared for defendants. Parties report settlement. The court will enter a 35 day order. The motion for further amendment in the scheduling order [45-1] is deemed moot. (cc: all counsel) (SP, ilcd)
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Blank 45 Filed: 8/8/2003, Entered: 8/8/2003, Terminated: 8/22/2003 Motion for Order
MOTION by plaintiff Barbara Cler for order for further amendment in the scheduling order (SP, ilcd)
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Blank -- Filed: 7/25/2003, Entered: 7/25/2003 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Appearances of pla Barbara Cler with attorney James P. Baker; for dfts by Howard W. Small. Telephone status hearing held at 11:15 on 7/25/03 . Parties report efforts toward settlement. Cause set for further telephone status hearing at 10:00 on 8/22/03 to discuss progress of settlement and revising discovery calendar. Dispositive mtn filing ddl of 8/15/03 is vacated . (cc: all counsel) (SD, ilcd)
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Blank -- Filed: 7/24/2003, Entered: 7/24/2003 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Per Atty Small's request, and his report that Atty Baker agrees, a motion hearing regarding an oral motion to request a discovery deadline extension in light of settlement negotiations is scheduled for 11:15 on 7/25/03 . The Court will initiate the call. All counsel notified by the Court by phone this date. (cc: all counsel) (SD, ilcd) Modified on 07/24/2003
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Blank 44 Filed: 5/13/2003, Entered: 5/13/2003, Terminated: 5/13/2003 Motion to Amend/Correct
JOINT MOTION by plaintiff, all defendants to amend Scheduling Order . (filed as Joint Motion of the Plaintiff and All Defendants that the scheduling order in this case be modified) (S, ilcd)
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Blank -- Filed: 5/13/2003, Entered: 5/13/2003 Order
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to amend Scheduling Order [44-1]. Discovery extended to and including 9/2/03 . Parties entitled to engage in deposition discovery during the entire balance of the discovery period. (cc: all counsel). (SD, ilcd) Modified on 05/13/2003
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Blank 43 Filed: 1/17/2003, Entered: 1/17/2003 Miscellaneous Document
CERTIFICATE OF SERVICE RE: Motion for Substitution of Counsel and Entry of Appearance by plaintiff Barbara Cler (SD, ilcd)
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Blank 42 Filed: 1/17/2003, Entered: 1/17/2003 Notice of Appearance
ATTORNEY APPEARANCE by James P. Baker for plaintiff Barbara Cler (SD, ilcd) Modified on 01/17/2003
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Blank 42 Filed: 1/17/2003, Entered: 1/17/2003, Terminated: 1/17/2003 Motion to Substitute Attorney
MOTION by plaintiff Barbara Cler to substitute attorney James P. Baker for Traci E. Nally , to withdraw attorney Traci E Nally (SD, ilcd)
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Blank -- Filed: 1/17/2003, Entered: 1/17/2003 Order
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to substitute attorney James P. Baker for Traci E. Nally [42-1] granting motion to withdraw attorney Traci E Nally [42-2] (cc: all counsel) (SP, ilcd)
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Blank 41 Filed: 11/21/2002, Entered: 11/22/2002 Miscellaneous Document
CERTIFICATE OF SERVICE by plaintiff Barbara Cler re: discovery (SD, ilcd)
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Blank 40 Filed: 9/3/2002, Entered: 9/3/2002 Miscellaneous Document
CERTIFICATE OF SERVICE of request to produce by plaintiff Barbara Cler (MT, ilcd)
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Blank 39 Filed: 9/3/2002, Entered: 9/3/2002 Miscellaneous Document
CERTIFICATE OF SERVICE of plaintiff's first set of interrogatories by plaintiff Barbara Cler (MT, ilcd)
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Blank 38 Filed: 8/16/2002, Entered: 8/16/2002 Miscellaneous Document
CERTIFICATE OF SERVICE by plaintiff Barbara Cler re: Pla initial disclosures pursuant to Federal Rule 26. (SD, ilcd)
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Blank 37 Filed: 8/8/2002, Entered: 8/8/2002 OrderCourt Filing
DISCOVERY ORDER by Mag. Judge David G. Bernthal. Initial disclosures shall be made by 8/15/02. Written discovery shall be propounded by 9/1/02. Written discovery shall be answered by 11/1/02. The deadline for amendment of pleadings is 7/31/03 . The deadline for joining additional parties is 4/30/03. Plaintiff shall disclose experts and provide expert reports by 11/1/02. Plaintiff shall make any such experts available for deposition by 1/2/03. All depositions shall be completed by 4/30/03. All discovery is to be completed by 6/30/03 . The deadline for filing case dispositive motions is 8/15/03 . The matter is scheduled for final pretrial conference by personal appearance at 1:30 on 11/14/03 and jury selection and jury trial at 8:30 on 12/1/03 before the Honorable David G. Bernthal. (cc: all counsel) (SD, ilcd)
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Blank 36 Filed: 8/1/2002, Entered: 8/2/2002 ~Notice (other)Court Filing
CONSENT/ORDER of reference by Judge Michael P. McCuskey; this case may proceed before Mag. Judge David G. Bernthal with consent of parties (cc: all counsel) (SLJ, ilcd)
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Blank -- Filed: 8/1/2002, Entered: 8/2/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Rule 16 conference held 3:45 8/1/02 . Pla appeared personally and with counsel H. Kent Heller and Traci Nally. Defendants appeared by Brian Braun and Howard Small. Oral stmt made by plaintiff Cler. No obj by pla to atty Heller's motion to withdraw as counsel. Motion granted. [30-1] Attorney H Kent Heller for Barbara Cler withdrawn. Motion to Assess costs is denied as moot [15-1]. Judge McCuskey recused himself due to a personal conflict. Parties consent to Magistrate Judge David G. Bernthal. Order signed in open court. Discovery calendar set. Estimated length of trial is 3 days. Options for settlement conference and alternative dispute resolutions offered to parties. Written order to be entered. (cc: all counsel) (SLJ, ilcd)
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Blank 35 Filed: 7/22/2002, Entered: 7/22/2002 ~Notice (other)
NOTICE OF PLAINTIFF'S ATTENDANCE AT HEARING by plaintiff Barbara Cler pro se (SD, ilcd)
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Blank 34 Filed: 7/18/2002, Entered: 7/18/2002 Discovery - Miscellaneous
PROPOSED DISCOVERY PLAN filed by plaintiff Barbara Cler, defendants Donald Akers, Michael Shonk, Kenneth Bonnell, Jim Fellmann, Linda Friedemann, Lori Garrett, Fred Koss, Paul Lewis, Doug Rund, Bd of Education (SD, ilcd)
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Blank -- Filed: 7/18/2002, Entered: 7/18/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge David G. Bernthal. A motion hearing regarding the pending motion to withdraw attorney H Kent Heller [30-1] is scheduled by personal appearance at 3:45 on 8/1/02. The Clerk of Court is directed to send notice of this hearing to the individual plaintiff and plaintiff is hereby notified that if she has any objection to the motion to withdraw, she should appear in open court. (cc: individual plaintiff and all counsel) (SD, ilcd)
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Blank 33 Filed: 7/12/2002, Entered: 7/12/2002 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant Fred Koss on 6/30/02 (SD, ilcd)
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Blank 32 Filed: 6/26/2002, Entered: 6/26/2002 OrderCourt Filing
ORDER by Mag. Judge David G. Bernthal. This matter is scheduled for a Rule 16 conference 3:45 8/1/02 by personal appearance before US District Judge Michael P. McCuskey and US Magistrate Judge David G. Bernthal. See written order. (No client representation required) (cc: all counsel) (MT, ilcd)
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Blank 31 Filed: 6/26/2002, Entered: 6/26/2002 Alias Summons Issued
ALIAS SUMMONS issued as to defendant Bd of Education and returned to plaintiff's attorney for service. (SLJ, ilcd)
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Blank 30 Filed: 6/24/2002, Entered: 6/24/2002, Terminated: 8/1/2002 Motion to Withdraw as Attorney
MOTION by plaintiff Barbara Cler to withdraw attorney H Kent Heller (SD, ilcd)
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Blank 29 Filed: 6/19/2002, Entered: 6/19/2002 Answer
ANSWER by all defendants; jury demand (SD, ilcd)
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Blank 28 Filed: 5/31/2002, Entered: 5/31/2002, Terminated: 5/31/2002 Motion for Extension of Time
MOTION by all defendants for extension of time in which to answer or otherwise plead (SP, ilcd) Modified on 07/24/2002
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Blank 27 Filed: 5/31/2002, Entered: 5/31/2002 Notice of Appearance
ATTORNEY APPEARANCE by J Christian Miller for Defendants Donald Akers, Michael Shonk, Kenneth Bonnell, Jim Fellmann, Linda Friedemann, Lori Garrett, Fred Koss, Paul Lewis, Doug Rund, and Bd of Education (SP, ilcd)
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Blank 26 Filed: 5/31/2002, Entered: 5/31/2002, Terminated: 5/31/2002 Motion for Entry of Default
MOTION by plaintiff Barbara Cler for entry of default as to all defendants (SD, ilcd)
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Blank 25 Filed: 5/31/2002, Entered: 5/31/2002, Terminated: 5/31/2002 Motion for Extension of Time
MOTION by all defendants to extend time to answer complaint (SD, ilcd)
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Blank -- Filed: 5/31/2002, Entered: 5/31/2002 Order
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying as moot defendants motion for extension of time in which to answer or otherwise plead [28-1] (cc: all counsel). (SD, ilcd)
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Blank -- Filed: 5/31/2002, Entered: 5/31/2002 Order
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying motion for entry of default as to all defendants [26-1] (cc: all counsel). (SD, ilcd)
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Blank -- Filed: 5/31/2002, Entered: 5/31/2002 Order
ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time to answer complaint [25-1]. Answer due 6/20/02 for dfts Bd of Education, Doug Rund, Paul Lewis, Fred Koss, Lori Garrett, Linda Friedemann, Jim Fellmann, Kenneth Bonnell, Michael Shonk, Donald Akers (cc: all counsel). (SD, ilcd)
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Blank 24 Filed: 5/20/2002, Entered: 5/20/2002 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant Doug Rund. Date waiver sent: 3/26/02; Answer due on 5/27/02 for Doug Rund (SD, ilcd)
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Blank 23 Filed: 5/20/2002, Entered: 5/20/2002 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant Paul Lewis. Date waiver sent: 3/26/02; Answer due on 5/27/02 for Paul Lewis (SD, ilcd)
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Blank 22 Filed: 5/20/2002, Entered: 5/20/2002 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant Fred Koss. Date waiver sent: 3/26/02; Answer due on 5/27/02 for Fred Koss (SD, ilcd)
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Blank 21 Filed: 5/20/2002, Entered: 5/20/2002 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant Lori Garrett. Date waiver sent: 3/26/02; Answer due on 5/27/02 for Lori Garrett (SD, ilcd)
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Blank 20 Filed: 5/20/2002, Entered: 5/20/2002 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant Linda Friedemann . Date waiver sent: 3/26/02; Answer due on 5/27/02 for Linda Friedemann (SD, ilcd)
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Blank 19 Filed: 5/20/2002, Entered: 5/20/2002 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant Jim Fellmann. Date waiver sent: 3/26/02; Answer due on 5/27/02 for Jim Fellmann (SD, ilcd)
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Blank 18 Filed: 5/20/2002, Entered: 5/20/2002 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant Kenneth Bonnell. Date waiver sent: 3/26/02; Answer due on 5/27/02 for Kenneth Bonnell (SD, ilcd)
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Blank 17 Filed: 5/20/2002, Entered: 5/20/2002 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant Michael Shonk. Date waiver sent: 3/26/02; Answer due on 5/27/02 for Michael Shonk (SD, ilcd)
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Blank 16 Filed: 5/20/2002, Entered: 5/20/2002 Service - Miscellaneous
WAIVER OF SERVICE returned as to defendant Donald Akers. Date waiver sent: 3/26/02; Answer due on 5/27/02 for Donald Akers (SD, ilcd)
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Blank 15 Filed: 5/8/2002, Entered: 5/8/2002, Terminated: 8/1/2002 Motion for Miscellaneous Relief
MOTION by plaintiff Barbara Cler to Assess costs (SD, ilcd)
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Blank 14 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for . Bd of Education (SD, ilcd)
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Blank 13 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for Doug Rund (SD, ilcd)
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Blank 12 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for Paul Lewis (SD, ilcd)
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Blank 11 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for Fred Koss (SD, ilcd)
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Blank 10 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for Lori Garrett (SD, ilcd)
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Blank 9 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for Linda Friedemann (SD, ilcd)
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Blank 8 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for Jim Fellmann (SD, ilcd)
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Blank 7 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for Kenneth Bonnell (SD, ilcd)
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Blank 6 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for Michael Shonk (SD, ilcd)
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Blank 5 Filed: 4/29/2002, Entered: 4/29/2002 ~Notice (other)
NOTICE OF LAWSUIT; Waiver(s) of Service due on 5/29/02 for Donald Akers (SD, ilcd)
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Blank 4 Filed: 4/10/2002, Entered: 4/10/2002 Notice of Appearance
ATTORNEY APPEARANCE by H. Kent Heller for plaintiff Barbara Cler (SD, ilcd)
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Blank 3 Filed: 3/19/2002, Entered: 3/20/2002 Certificate of Interest
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by plaintiff Barbara Cler (SD, ilcd)
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Blank 2 Filed: 3/19/2002, Entered: 3/20/2002 Filing Fee Received
FILING FEE PAID on 3/19/02 in the amount of $ 150.00 receipt # U1184. (SD, ilcd) Modified on 03/20/2002
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Blank 1 Filed: 3/19/2002, Entered: 3/20/2002 ComplaintCourt Filing
COMPLAINT (summons(es) issued) case referred to Mag. Judge David G. Bernthal (SD, ilcd)
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