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Filed: 3/5/2007, Entered: 3/5/2007 |
Remark |
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Remark: Counsel has not notified the Clerk regarding returning the following sealed documents: [70] RESPONSE by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank to motion for discovery sanctions with incorporated memorandum of law [68] (filed under seal); [77] NOTICE by movant Champaign County of privileged material (attached state presentence report SEALED; [79] FILED UNDER SEAL - MOTION by defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank to extend time to complete Rule 35 mental examination and to produce Rule 26 expert's report; [107] TO BE FILED UNDER SEAL: RESPONSE by plaintiffs to District dfts' motion for summary judgment [104-1]; [118] SEALED MOTION by defendant Champaign Community School District No 4 to strike the report of plaintiffs' expert Marty Traver and bar testimony (sealed); [133] SEALED MOTION by plaintiffs in limine to exclude all elementary school records of John Doe-2 including but not limited to 5/22/92 letter. Therefore, the Clerk will shred the above-mentioned documents today, 3/5/07. (VB, ilcd)
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 163 |
Filed: 2/15/2007, Entered: 2/15/2007 |
Letter |
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Letter from Clerk re returning sealed documents [70], [77], [79], [107], [118], and [133] to counsel of record. Attorneys to notify the Clerk by 3/2/07. (VB, ilcd)
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Filed: 2/15/2007, Entered: 2/15/2007 |
Order |
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TEXT ORDER entered by Judge David G. Bernthal on 2/15/07. Due to this file being terminated, the Clerk of Court is directed to unseal this Court's previously sealed Order [83]. The Clerk of Court is directed to place the Order [83] in the file.(VB, ilcd)
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| 162 |
Filed: 8/26/2004, Entered: 8/26/2004 |
Order on Motion to Dismiss |
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ORDER granting [161] Stipulation to Dismiss. Entered by Judge David G. Bernthal on 8/25/04. Cause is dismissed with prejudice and without costs, all costs having been paid by the respective parties. (KM, ilcd)
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| 161 |
Filed: 8/25/2004, Entered: 8/25/2004, Terminated: 8/26/2004 |
Motion to Dismiss |
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STIPULATION to Dismiss filed by all parties.(KM, ilcd)
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Filed: 8/4/2004, Entered: 8/4/2004 |
Status Conference |
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Minute Entry for proceedings held before Judge David G. Bernthal. Telephone status conference held on 8/4/2004 with appearance for pla by atty Ellyn Bullock and atty Mary Lee Leahy; appearance by pro se dft Brady Smith; appearance for remaining defendants by atty Garry Zak. Status of signing dismissal documents discussed. Atty Zak will resend documents to pro se dft Smith today for his signature and dft Smith will return documents to atty Zak for filing with the Court. Deadline is extended 30 days for filing of settlement documents. (Tape #C217; 208-539.) (KM, ilcd)
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| 160 |
Filed: 7/27/2004, Entered: 7/27/2004 |
Writ of Habeas Corpus Issued |
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Writ of Habeas Corpus Issued as to Brady Smith for telephone conference on August 4, 2004 at 10:45 a.m. (SP, ilcd)
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Filed: 7/27/2004, Entered: 7/27/2004 |
Notice of Hearing. |
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NOTICE of Hearing: A Telephone Status Conference is scheduled for 8/4/2004 at 10:45 AM before Magistrate Judge David G. Bernthal. In addition to mailing this entry to all parties, the Clerk of Court is directed to phone Brady Smith's place of incarceration to confirm that he will be available by phone for the conference. The Court will initiate the call. (cc: Records Department, Dixon Correctional Center)(SP, ilcd)
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| 159 |
Filed: 6/23/2004, Entered: 6/23/2004 |
Order |
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ORDER by Mag. Judge David G. Bernthal. This case has been reported as settled by the parties. The parties are directed to file with the court within 35 days a stipulation of dismissal and dismissal order. All timetables and scheduled hearings are VACATED including the jury selection and jury trial set for 7/12/04 . See written Order. (cc: all counsel) (KM, ilcd)
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| 158 |
Filed: 6/21/2004, Entered: 6/21/2004 |
~Notice (other) |
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NOTICE by defendant Brady Smith of change of address to Dixon CC. (KM, ilcd)
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| 157 |
Filed: 6/21/2004, Entered: 6/21/2004 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting motion for summary judgment [104-1] for Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Arlene Blank, Joseph Tomlinson, and Champaign School District No 4 as to Counts IV, V, X and plaintiffs' prayers for punitive damages against the District. The Court denies plaintiffs' motion to strike District dfts' inclusion of "motion to strike prayers for relief of punitive damages and attorneys fees as against the School District dfts" from motion for summary judgment [106-1]. See written Order. (cc: all counsel) (KM, ilcd)
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Filed: 6/21/2004, Entered: 6/22/2004 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Appearance for plaintiffs by atty Ellyn Bullock. Appearance by pro se dft Brady Smith. Appearance for District defendants by attys Timothy Young, Garry Zak, and Joseph Vallort. Pretrial conference held at 1:30 on 6/21/04 . Proposed final pretrial order received by the Court; revised final pretrial order to be submitted. Trial briefs and jury instructions are due 7/2/04 . Settlement options discussed. (cc: all counsel) (KM, ilcd)
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| 156 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by plaintiffs of responses to motions in limine (KM, ilcd)
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| 155 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 1 to exclude any and all evidence relating to John Doe-1 case [120-1] with incorporated memorandum of law (KM, ilcd)
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| 154 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 2 to exclude any and all evidence relating to any internal investigation conducted in 1985-86 by the Champaign Co Probation Dept into Brady Smith [121-1] with incorporated memorandum of law (KM, ilcd)
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| 153 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 3 to exclude any and all evidence relating to earlier desegregation action against the district [122-1] (KM, ilcd)
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| 152 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 4 to exclude any and all evidence relating to alleged acts of sexual misconduct involving John Does 3, 4 and 5 or any other person [123-1] with incorporated memorandum of law (KM, ilcd)
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| 151 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 5 to exclude any and all evidence relating to Brady Smith's 2001 conviction [124-1] with incorporated memorandum of law (KM, ilcd)
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| 150 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 6 to exclude any and all evidence relating to "sexual grooming" [125-1] (KM, ilcd)
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| 149 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 7 to exclude any and all evidence relating to the regional office of education records [126-1] with incorporated memorandum of law (KM, ilcd)
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| 148 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 8 to exclude any and all evidence relating to Brady Smith's registration as a sex offender [127-1] (KM, ilcd)
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| 147 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 9 to exclude any and all evidence relating to dft Brady Smith's of probation [128-1] with incorporated memorandum of law (KM, ilcd)
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| 146 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 11 to exclude any and all evidence relating to the 2001 DCFS of dft Smith [130-1] and motion in limine no. 10 to exclude and all evidence relating to alleged violations by the dft School Dist or any of its employees of the abused and neglected child reporting act [129-1] with incorporated memorandum of law (KM, ilcd)
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| 145 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine no. 12 to exclude any and all evidence relating to the eavesdropping tapes dated 5/19/01 [131-1] with incorporated memorandum of law (KM, ilcd)
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| 144 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion in limine 13 to exclude any and all evidence relating to Jane Doe 4's letter to School Dist and response to same [132-1] with incorporated memorandum of law (KM, ilcd)
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| 143 |
Filed: 6/18/2004, Entered: 6/21/2004 |
Response to Motion |
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RESPONSE by plaintiffs to District dfts' motion to strike the report of plaintiffs' expert Marty Traver and bar testimony [118-1] with incorporated memorandum of law (KM, ilcd)
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| 142 |
Filed: 6/17/2004, Entered: 6/17/2004 |
Response to Motion |
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RESPONSE by defendant Louis Dalton, defendant Dianne Shepard, defendant Charles Drake, defendant Kathryn Fletcher, defendant Michael Cain, defendant Donald L Hansen, defendant Joseph Tomlinson, defendant Arlene Blank to motion in limine to exclude all elementary school records of John Doe-2 including but not limited to 5/22/92 letter [133-1] (MT, ilcd)
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| 141 |
Filed: 6/17/2004, Entered: 6/17/2004 |
Response to Motion |
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RESPONSE by defendant Louis Dalton, defendant Dianne Shepard, defendant Charles Drake, defendant Kathryn Fletcher, defendant Michael Cain, defendant Donald L Hansen, defendant Joseph Tomlinson, defendant Arlene Blank to motion in limine regarding alleged sexual activity with any person other than Brady Smith as to all John Does with incorporated memorandum of law [134-1] (MT, ilcd)
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| 140 |
Filed: 6/17/2004, Entered: 6/17/2004 |
Response to Motion |
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RESPONSE by defendant Louis Dalton, defendant Dianne Shepard, defendant Charles Drake, defendant Kathryn Fletcher, defendant Michael Cain, defendant Donald L Hansen, defendant Arlene Blank, defendant Joseph Tomlinson to motion in limine to exclude witnesses Kenneth Bradley, Deangelo Bradley, Tyrell White, Vincent Brock, Mario Motley and Dennis Sparks with incorporated memorandum of law [135-1] (MT, ilcd)
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| 139 |
Filed: 6/17/2004, Entered: 6/17/2004 |
Response to Motion |
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RESPONSE by defendant Louis Dalton, defendant Dianne Shepard, defendant Charles Drake, defendant Kathryn Fletcher, defendant Michael Cain, defendant Donald L Hansen, defendant Arlene Blank, defendant Joseph Tomlinson to motion in limine regarding alleged drug or alcohol use as to all John Does with incorporated memorandum of law [136-1] (MT, ilcd)
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| 138 |
Filed: 6/16/2004, Entered: 6/16/2004 |
Reply to Response to Motion |
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SUPPLEMENTAL BRIEF IN REPLY by School District defendants to response to motion for summary judgment [104-1] (KM, ilcd)
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| 137 |
Filed: 6/10/2004, Entered: 6/10/2004 |
Service - Miscellaneous |
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WRIT issued to Dixon Correctional Facility as to Brady Smith to personally appear for final pretrial conference set JUNE 21, 2004 at 1:30 p.m. before Judge David G. Bernthal (cc: all counsel/Dixon Corr/Peoria USM). (KM, ilcd) Modified on 06/10/2004
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Filed: 6/9/2004, Entered: 6/9/2004 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to file an additional appearance and entry of additional appearance [117-1]; atty Joseph Vallort added as counsel for dfts Dalton, Shepard, Drake, Fletcher, Cain, Hansen, Blank, Tomlinson and Champaign School Dist. (cc: all counsel). (KM, ilcd)
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| 136 |
Filed: 6/7/2004, Entered: 6/8/2004 |
Motion in Limine |
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MOTION by plaintiffs in limine regarding alleged drug or alcohol use as to all John Does with incorporated memorandum of law (KM, ilcd)
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| 135 |
Filed: 6/7/2004, Entered: 6/8/2004 |
Motion in Limine |
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MOTION by plaintiffs in limine to exclude witnesses Kenneth Bradley, Deangelo Bradley, Tyrell White, Vincent Brock, Mario Motley and Dennis Sparks with incorporated memorandum of law (KM, ilcd)
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| 134 |
Filed: 6/7/2004, Entered: 6/8/2004 |
Motion in Limine |
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MOTION by plaintiffs in limine regarding alleged sexual activity with any person other than Brady Smith as to all John Does with incorporated memorandum of law (KM, ilcd)
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| 133 |
Filed: 6/7/2004, Entered: 6/8/2004 |
Motion in Limine |
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SEALED MOTION by plaintiffs in limine to exclude all elementary school records of John Doe-2 including but not limited to 5/22/92 letter (KM, ilcd) Modified on 06/08/2004
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| 132 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 13 to exclude any and all evidence relating to Jane Doe 4's letter to School Dist and response to same (KM, ilcd)
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| 131 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 12 to exclude any and all evidence relating to the eavesdropping tapes (KM, ilcd)
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| 130 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 11 to exclude any and all evidence relating to the 2001 DCFS investigation of dft Smith (KM, ilcd)
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| 129 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 10 to exclude any and all evidence relating to alleged violations by the dft School Dist or any of its employees of the abused and neglected child reporting act (KM, ilcd)
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| 128 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 9 to exclude any and all evidence relating to dft Brady Smith's violation of probation (KM, ilcd)
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| 127 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 8 to exclude any and all evidence relating to Brady Smith's registration as a sex offender (KM, ilcd)
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| 126 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 7 to exclude any and all evidence relating to the regional office of education records (KM, ilcd)
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| 125 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 6 to exclude any and all evidence relating to "sexual grooming" (KM, ilcd)
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| 124 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 5 to exclude any and all evidence relating to Brady Smith's 2001 conviction (KM, ilcd)
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| 123 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 4 to exclude any and all evidence relating to alleged acts of sexual misconduct involving John Does 3, 4 and 5 or any other person (KM, ilcd)
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| 122 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by defendant Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 3 to exclude any and all evidence relating to earlier desegregation action against the district (KM, ilcd)
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| 121 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 2 to exclude any and all evidence relating to any internal investigation conducted in 1985-86 by the Champaign Co Probation Dept into Brady Smith (KM, ilcd)
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| 120 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion in Limine |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank in limine no. 1 to exclude any and all evidence relating to and arising from the allegations made in 01-2184 (KM, ilcd)
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| 119 |
Filed: 6/7/2004, Entered: 6/7/2004 |
Miscellaneous Document |
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CERTIFICATE of service of motion to strike and motions in limine 1 through 13 by defendant Champaign Community (KM, ilcd)
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| 118 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 8/26/2004 |
Motion to Strike |
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SEALED MOTION by defendant Champaign Community School District No 4 to strike the report of plaintiffs' expert Marty Traver and bar testimony (sealed and placed in vault) (KM, ilcd)
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| 117 |
Filed: 6/7/2004, Entered: 6/7/2004, Terminated: 6/9/2004 |
Motion for Leave to File |
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MOTION by defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community School Dist, Joseph Tomlinson, Arlene Blank for leave to file an additional appearance and entry of additional appearance (KM, ilcd) Modified on 06/09/2004
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Filed: 6/7/2004, Entered: 6/7/2004 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. The motion to cite additional authority in support of pla's response to motion for summary judgment [114-1] is ALLOWED. In its response [116-1], the School District requested an "opportunity to reply ..." That request is granted. Defendant District shall submit its memorandum regarding pla's additional authority within seven (7) days of the service of this minute entry. Misc ddl set of 6/17/04 (cc: all counsel) (KM, ilcd)
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| 116 |
Filed: 6/2/2004, Entered: 6/2/2004 |
Response to Motion |
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RESPONSE by defendant Champaign Community to pla's motion to cite additional authority in support of pla's response to motion for summary judgment [114-1] (KM, ilcd) Modified on 06/07/2004
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| 115 |
Filed: 5/28/2004, Entered: 5/28/2004 |
Order |
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ORDER by Mag. Judge David G. Bernthal regarding final pretrial conference set for 1:30 p.m. on 6/21/04 by personal appearance . SEE WRITTEN ORDER. (cc: all counsel) (KM, ilcd)
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| 114 |
Filed: 5/20/2004, Entered: 5/20/2004, Terminated: 6/7/2004 |
Motion to Cite Authority |
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MOTION by plaintiffs to cite additional authority in support of pla's response to motion for summary judgment (KM, ilcd)
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| 113 |
Filed: 5/20/2004, Entered: 5/20/2004 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting in part and denying in part pla's motion for sanctions [110-1] and to reopen discovery for limited purpose of exploring the circumstances surrounding the finding and late disclosure of Tomlinson's notes [110-2]. The request to engage in limited discovery and the request for monetary sanctions are both denied; the request to add the Tomlinson notes to pla's prior document disclosure and the request to add witness Karen Decker to the pla's prior witness disclosure are both allowed. See written Order. (cc: all counsel) (KM, ilcd)
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Filed: 5/14/2004, Entered: 5/14/2004 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. The parties are directed to file any motions in limine in this case by 6/7/04 . Responses thereto are due 10 days after any filings. (cc: all counsel) (KM, ilcd)
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| 112 |
Filed: 5/10/2004, Entered: 5/10/2004 |
Response to Motion |
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RESPONSE by defendant Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, and Arlene Blank to pla's motion for sanctions [110-1] and to reopen discovery for limited purpose of exploring the circumstances surrounding the finding and late disclosure of Tomlinson's notes [110-2] (KM, ilcd)
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| 111 |
Filed: 5/4/2004, Entered: 5/5/2004 |
Notice of Change of Address |
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NOTICE by Atty Timothy J Young on behalf of dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank of change of address as to the law firm name: Chilton Yambert Porter & Young LLP (VB, ilcd)
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| 110 |
Filed: 4/26/2004, Entered: 4/27/2004, Terminated: 5/20/2004 |
Motion for Sanctions |
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MOTION by plaintiffs for sanctions and to reopen discovery for limited purpose of exploring the circumstances surrounding the finding and late disclosure of Tomlinson's notes with incorporated memorandum of law (KM, ilcd)
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| 109 |
Filed: 4/12/2004, Entered: 4/12/2004 |
~Notice (other) |
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NOTICE OF FILING School District dfts' reply to the plaintiffs' response to motion for summary judgment by School District defendants (KM, ilcd)
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| 108 |
Filed: 4/7/2004, Entered: 4/7/2004 |
Reply to Response to Motion |
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REPLY by School District defendants to plaintiffs' response to motion for summary judgment [104-1] (KM, ilcd)
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| 107 |
Filed: 3/24/2004, Entered: 3/24/2004 |
Response to Motion |
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TO BE FILED UNDER SEAL: RESPONSE by plaintiffs to District dfts' motion for summary judgment [104-1] (KM, ilcd)
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| 106 |
Filed: 3/24/2004, Entered: 3/24/2004, Terminated: 6/21/2004 |
Motion to Strike |
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MOTION by plaintiffs to strike District dfts' inclusion of "motion to strike prayers for relief of punitive damages and attorneys fees as against the School District dfts" from motion for summary judgment with incorporated memorandum of law. (KM, ilcd)
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Filed: 3/2/2004, Entered: 3/2/2004 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. This Court acknowledges the filing of Defendant Districts' motion for summary judgment (#104) and therefore MOOTS School District Defendants' motion to extend time to file dispositive motions [101-1]. (cc: all counsel) (SP, ilcd)
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| 105 |
Filed: 3/1/2004, Entered: 3/1/2004 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion for summary judgment [104-1] by defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank (MT, ilcd)
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| 104 |
Filed: 3/1/2004, Entered: 3/1/2004, Terminated: 6/21/2004 |
Motion for Summary Judgment |
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MOTION by defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Arlene Blank, Joseph Tomlinson, Champaign Community for summary judgment (MT, ilcd)
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| 103 |
Filed: 2/27/2004, Entered: 2/27/2004 |
Order |
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ORDER by Mag. Judge David G. Bernthal denying plaintiffs' motion to compel discovery responses [92-1] and denying motion for sanctions [92-2]. See written Order. (cc: all counsel) (KM, ilcd) Modified on 02/27/2004
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| -- |
Filed: 2/27/2004, Entered: 2/27/2004 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to withdraw additional appearance as counsel for dft Champaign Community School Dist No 4 by Darcy Proctor [102-1]; attorney Darcy L Proctor withdrawn as counsel for Community School Dist No 4 (cc: all counsel). (KM, ilcd) Modified on 03/25/2004
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| 102 |
Filed: 2/26/2004, Entered: 2/26/2004, Terminated: 2/27/2004 |
Motion to Withdraw as Attorney |
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MOTION by defendant Champaign Community for leave to withdraw additional appearance as counsel for dft Champaign Community School Dist No 4 by Darcy Proctor (KM, ilcd)
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| 101 |
Filed: 2/23/2004, Entered: 2/23/2004, Terminated: 3/2/2004 |
Motion for Extension of Time |
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MOTION by school district defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank to extend time to file dispositive motions to and including 3/15/04 (KM, ilcd) Modified on 02/23/2004
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| 100 |
Filed: 2/20/2004, Entered: 2/20/2004 |
Order |
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ORDER by Mag. Judge David G. Bernthal denying plaintiffs' motion to strike five dft Smith witnesses [94-1]; discovery shall be extended to 4/19/04 for the limited purpose of allowing plaintiffs to depose the late-disclosed witnesses . See written Order (cc: all counsel). (KM, ilcd)
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| 99 |
Filed: 2/20/2004, Entered: 2/20/2004 |
Order |
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ORDER by Mag. Judge David G. Bernthal denying plaintiffs' motion to strike eight dft School District witnesses [93-1]; discovery shall be extended to 4/19/04 for the limited purpose of allowing plaintiffs to depose the late-disclosed witnesses . See written Order (cc: all counsel). (KM, ilcd)
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| -- |
Filed: 2/20/2004, Entered: 2/20/2004 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. On 2/18/04 and 2/20/04 the Court received letters purportedly from Brady J Smith. Those letters are returned herewith. Mr Smith is advised that he should not correspond with the Court. He may file motions and properly serve opposing counsel. He must not correspond with the Court. (cc: all counsel/pro se pla) (KM, ilcd)
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| -- |
Filed: 2/11/2004, Entered: 2/11/2004 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying motion to strike District dfts' response to plaintiffs' motion to strike eight dft School District witnesses with incorporated memorandum of law [98-1] (cc: all counsel). (KM, ilcd)
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| 98 |
Filed: 2/9/2004, Entered: 2/9/2004, Terminated: 2/11/2004 |
Motion to Strike |
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MOTION by all plaintiffs to strike District dfts' response to plaintiffs' motion to strike eight dft School District witnesses with incorporated memorandum of law (KM, ilcd)
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| 97 |
Filed: 2/3/2004, Entered: 2/3/2004 |
Response to Motion |
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RESPONSE by defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank to motion to strike eight dft School District witnesses [93-1] (KM, ilcd)
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| 96 |
Filed: 2/3/2004, Entered: 2/3/2004 |
~Notice (other) |
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NOTICE of change of law firm name by plaintiffs' attorney (KM, ilcd)
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| 95 |
Filed: 1/29/2004, Entered: 1/29/2004 |
Response to Motion |
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RESPONSE by defendant Louis Dalton, defendant Dianne Shepard, defendant Charles Drake, defendant Kathryn Fletcher, defendant Michael Cain, defendant Donald L Hansen, defendant Champaign Community, defendant Joseph Tomlinson, defendant Arlene Blank to pla's motion to compel discovery responses [92-1] and motion for sanctions [92-2] (KM, ilcd)
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| -- |
Filed: 1/28/2004, Entered: 1/28/2004 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to withdraw [88-1] attorney Ericka J Thomas and attorney Stephen H DiNolfo for defendant Brady Smith (cc: all counsel). (KM, ilcd)
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| 94 |
Filed: 1/21/2004, Entered: 1/21/2004, Terminated: 2/20/2004 |
Motion to Strike |
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MOTION by plaintiffs to strike five dft Smith witnesses with incorporated memorandum of law (KM, ilcd)
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| 93 |
Filed: 1/21/2004, Entered: 1/21/2004, Terminated: 2/20/2004 |
Motion to Strike |
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MOTION by plaintiffs to strike eight dft School District witnesses with incorporated memorandum of law (KM, ilcd)
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| 92 |
Filed: 1/16/2004, Entered: 1/16/2004, Terminated: 2/27/2004 |
Motion to Compel |
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MOTION by all plaintiffs to compel discovery responses and for sanctions with incorporated memorandum of law. (KM, ilcd)
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| -- |
Filed: 12/19/2003, Entered: 12/19/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to file an additional appearance by atty Garry Zak [91-1] (cc: all counsel). (VB, ilcd)
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| 91 |
Filed: 12/17/2003, Entered: 12/17/2003, Terminated: 12/19/2003 |
Motion for Leave to File |
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MOTION by defendants Dalton, Shepard, Drake, Fletcher, Cain, Hansen, Blank, Tomlinson and Champaign School for leave to file an additional appearance by atty Garry Zak (KM, ilcd)
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| 90 |
Filed: 11/28/2003, Entered: 12/1/2003 |
Response to Motion |
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RESPONSE by plaintiffs to dft Smith's motion to withdraw attorney Stephen H DiNolfo, Ericka J Thomas and Peter King [88-1] with incorporated memorandum of law (KM, ilcd) Modified on 12/01/2003
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| 89 |
Filed: 11/21/2003, Entered: 11/21/2003 |
Miscellaneous Document |
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CERTIFICATE of service of discovery by all plaintiffs (KM, ilcd)
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| 88 |
Filed: 11/14/2003, Entered: 11/14/2003, Terminated: 1/28/2004 |
Motion to Withdraw as Attorney |
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MOTION by defendant Brady Smith to withdraw attorney Stephen H DiNolfo, Ericka J Thomas and Peter King . (Motion not filed under seal as requested pursuant to Order of Judge Bernthal.) (KM, ilcd)
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| -- |
Filed: 11/10/2003, Entered: 11/10/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for enlargement of time to complete Rule 35 mental examination and to produce Rule 26 expert's report [86-1] until 11/25/03 (cc: all counsel). (KM, ilcd)
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| 87 |
Filed: 11/6/2003, Entered: 11/7/2003 |
Notice of Appearance |
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ATTORNEY APPEARANCE by Darcy Proctor for defendant Champaign Community School Dist No. 4 (KM, ilcd)
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| 86 |
Filed: 10/22/2003, Entered: 10/22/2003, Terminated: 11/10/2003 |
Motion for Extension of Time to Complete Discovery |
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MOTION by all defendants for enlargement of time to complete Rule 35 mental examination and to produce Rule 26 expert's report (KM, ilcd)
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| -- |
Filed: 10/9/2003, Entered: 10/9/2003 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Motion for Leave to File Additional Appearance as Counsel for defendant Champaign Community School District No. 4 [84-1] was allowed by the Court on 10/8/03; however, the motion will not be filed under seal as requested by dft Champaign Community School District No. 4 (cc: all counsel). (KM, ilcd)
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| -- |
Filed: 10/8/2003, Entered: 10/9/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to file additional appearance as counsel for dft Champaign Comm School Dist No 4 [84-1] (cc: all counsel). (KM, ilcd) Modified on 10/09/2003
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| 85 |
Filed: 10/6/2003, Entered: 10/6/2003 |
Miscellaneous Document |
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CERTIFICATE of service of plaintiffs' sixth supplemental rule 26 disclosure by all plaintiffs (KM, ilcd)
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| 84 |
Filed: 10/6/2003, Entered: 10/6/2003, Terminated: 10/8/2003 |
Motion for Leave to File |
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SEALED MOTION by defendant Champaign Community School Dist 4 for leave to file additional appearance as counsel (KM, ilcd)
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| 83 |
Filed: 9/24/2003, Entered: 9/24/2003 |
Order |
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SEALED ORDER by Mag. Judge David G. Bernthal (cc: all counsel) (KM, ilcd)
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| 82 |
Filed: 9/10/2003, Entered: 9/10/2003 |
~Notice (other) |
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NOTICE by plaintiffs of taking depositions of Kathryn Fletcher, Tiffany Ghoulson Johnson, Arlene Blank, Carol Stack, Michael Cain, Lori Dobrik, Louis Dalton, Dianne Shepard, Charles Drake, Brady Smith and Robb Morris from 9/29/03 to 10/3/03. (KM, ilcd)
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| 81 |
Filed: 9/5/2003, Entered: 9/5/2003 |
Miscellaneous Document |
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CERTIFICATE of service by plaintiffs of response to dft Smith's request for production of documents. (KM, ilcd)
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| 80 |
Filed: 9/4/2003, Entered: 9/4/2003 |
Miscellaneous Document |
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CERTIFICATE of service of plaintiffs' fifth supplemental rule 26 disclosures (KM, ilcd)
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| -- |
Filed: 8/5/2003, Entered: 8/5/2003 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. By order of the court, defendants' motion for enlargement of time [79-1] is to be placed under seal. (cc: all counsel) (SP, ilcd)
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| -- |
Filed: 8/4/2003, Entered: 8/4/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time to complete Rule 35 mental examination and to produce Rule 26 expert's report [79-1] (cc: all counsel) (SP, ilcd)
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| 79 |
Filed: 7/31/2003, Entered: 7/31/2003, Terminated: 8/4/2003 |
Motion for Extension of Time |
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FILED UNDER SEAL - MOTION by defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank to extend time to complete Rule 35 mental examination and to produce Rule 26 expert's report (Placed in vault) (SP, ilcd) Modified on 08/05/2003
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| 78 |
Filed: 7/23/2003, Entered: 7/23/2003 |
Response |
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RESPONSE by plaintiffs to notice of privileged material with incorporated memorandum of law [77-1] (KM, ilcd)
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| 77 |
Filed: 7/16/2003, Entered: 7/17/2003 |
~Notice (other) |
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NOTICE by movant Champaign County of privileged material (attached state presentence report SEALED and placed in vault) (KM, ilcd)
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| 76 |
Filed: 6/30/2003, Entered: 6/30/2003 |
Subpoena |
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SUBPOENA filed by plaintiffs as to Macon Co Court Services (KM, ilcd)
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| 75 |
Filed: 6/30/2003, Entered: 6/30/2003 |
Subpoena |
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SUBPOENA filed by plaintiffs as to Champaign Co State's Attorney (KM, ilcd)
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| -- |
Filed: 6/23/2003, Entered: 6/23/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting defendants' motion pursuant to Rule 35 requiring plaintiff to submit to a mental examination and for enlargement of time to and including August 7, 2003 for defendants to disclose expert witness and to file Rule 26 experts report [74-1] (cc: all counsel). (KM, ilcd)
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| -- |
Filed: 6/20/2003, Entered: 6/20/2003 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Status hearing held at 1:30 on 6/20/03 with appearance for pla by atty Ellyn Bullock, appearance for dft Brady Smith by atty Stephen DiNolfo, and appearance for remaining dfts by atty Howard Small and atty Timothy Young. Status of case discussed. Plaintiff advises the Court they will not object to dft's motion [74-1]; the Court will proceed to ruling. Counsel advised of option to settlement conference. (cc: all counsel) (KM, ilcd)
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| -- |
Filed: 6/11/2003, Entered: 6/11/2003 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. The status hearing scheduled for 6/20/03 at 4:00 p.m. by personal appearance is being RESET to JUNE 20, 2003 at 1:30 p.m. and will be conducted by telephone conference as opposed to personal appearance . The Court will initiate the call. (cc: all counsel) (KM, ilcd)
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| 74 |
Filed: 6/10/2003, Entered: 6/10/2003, Terminated: 6/23/2003 |
Motion for Extension of Time to Complete Discovery |
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MOTION by all defendants pursuant to Rule 35 requiring pla to submit to a mental examination and for enlargement of time in which to disclose expert witness and to file Rule 26 experts report (KM, ilcd)
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| -- |
Filed: 6/10/2003, Entered: 6/10/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to substitute attorney [73-1]; withdrawing the appearance of Ancel, Glink, Diamond, Bush, DiCianni & Role for dfts Arlene Blank, Joseph Tomlinson, Champaign Community School District 4 Board of Education, Donald L Hansen, Michael Cain, Kathryn Fletcher, Charles Drake, Louis Dalton and Dianne Shepard and substituting attorney Timothy J Young of Chilton, Yambert, Porter & Coghlan. (cc: all counsel). (KM, ilcd)
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| 73 |
Filed: 6/6/2003, Entered: 6/6/2003, Terminated: 6/10/2003 |
Motion to Substitute Attorney |
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MOTION AND STIPULATION by defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank to substitute attorney (MT, ilcd)
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| -- |
Filed: 5/28/2003, Entered: 5/28/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time in which to disclose expert witness [72-1]. Deadline is extended to and including 6/23/03 for defendants to disclose their expert witness and report. (cc: all counsel) (KM, ilcd)
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| -- |
Filed: 5/28/2003, Entered: 5/28/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal denying motion for discovery sanctions with incorporated memorandum of law [68-1] (cc: all counsel). (KM, ilcd)
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| -- |
Filed: 5/28/2003, Entered: 5/28/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to join in Motion for Enlargement of Time in Which to Disclose Expert Witness [71-1]. (cc: all counsel). (KM, ilcd)
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| 72 |
Filed: 5/27/2003, Entered: 5/28/2003 |
Motion for Extension of Time to Complete Discovery |
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MOTION by all defendants to extend time in which to disclose expert witness (KM, ilcd)
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| 71 |
Filed: 5/14/2003, Entered: 5/14/2003, Terminated: 5/28/2003 |
Motion for Miscellaneous Relief |
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MOTION by defendant Brady Smith to join in Motion for Enlargement of Time in Which to Disclsoe Expert Witness (SD, ilcd)
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| 70 |
Filed: 4/11/2003, Entered: 4/11/2003 |
Response to Motion |
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RESPONSE by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community, Joseph Tomlinson, Arlene Blank to motion for discovery sanctions with incorporated memorandum of law (#68). (filed under seal) (SD, ilcd) Modified on 04/11/2003
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| 69 |
Filed: 4/8/2003, Entered: 4/8/2003 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by plaintiff Jane Doe-2 re: motion for discovery sanctions with incorporated memorandum of law (SP, ilcd)
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| 68 |
Filed: 4/7/2003, Entered: 4/7/2003, Terminated: 5/28/2003 |
Motion for Sanctions |
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MOTION by plaintiffs Jane Doe-2, John Doe-2 for discovery sanctions with incorporated memorandum of law (SD, ilcd)
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| -- |
Filed: 3/18/2003, Entered: 3/18/2003 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Telephone status hearing held at 10:30 on 3/18/03 . Appearances for plas by Mary Lee Leahy; for Dft Smith by Stephen H. DiNolfo; for all other dfts by Parker H. Johnson and Howard Small. Parties agree to participate in a settlement conference scheduled in 01-2184 (Doe, et al v Smith, et al). Parties in this case will consider a settlement conference at a later date. (cc: all counsel) (SD, ilcd)
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| 67 |
Filed: 3/17/2003, Entered: 3/17/2003 |
Answer |
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ANSWER/AFFIRMATIVE DEFENSES to Plaintiff's Second Amended Complaint by defendant Brady Smith (SD, ilcd)
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| -- |
Filed: 3/11/2003, Entered: 3/11/2003 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. A telephone status conference is scheduled before the Honorable David G. Bernthal, U.S. Magistrate Judge, at 10:30 a.m. on 3/18/03 . The Court will initiate the call. All counsel notified of the hearing date and time by the Court by phone this date. (cc: all counsel) (SD, ilcd)
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| 66 |
Filed: 3/6/2003, Entered: 3/6/2003 |
Answer |
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ANSWER/AFFIRMATIVE DEFENSES by defendant Louis Dalton, defendant Dianne Shepard, defendant Charles Drake, defendant Kathryn Fletcher, defendant Michael Cain, defendant Donald L Hansen, defendant Champaign Community, defendant Joseph Tomlinson, defendant Arlene Blank (SLJ, ilcd)
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| 65 |
Filed: 3/3/2003, Entered: 3/4/2003 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Fourth Supplemental Rule 26 Disclosures (SD, ilcd)
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| 64 |
Filed: 2/27/2003, Entered: 2/27/2003 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: third supplemental rule 26 disclosures (SD, ilcd)
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| 63 |
Filed: 2/27/2003, Entered: 2/27/2003 |
~Notice (other) |
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NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS; Waiver(s) of Service due on 3/31/03 for Arlene Blank (SD, ilcd)
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| 62 |
Filed: 2/27/2003, Entered: 2/27/2003 |
~Notice (other) |
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NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS; Waiver(s) of Service due on 3/31/03 for Joseph Tomlinson (SD, ilcd)
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| -- |
Filed: 2/24/2003, Entered: 2/24/2003 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Rule 16 conference held at 10:00 on 2/24/03 . Appearances for pla by Mary L. Leahy and Ellyn Bullock; for dfts by Stephen H. DiNolfo, Darcy L. Proctor and Howard W. Small. Status of case discussed. Dfts to disclose experts by 5/9/03. Discovery cut-off is 12/1/03 . Dispositive mtns to be filed by 3/1/04 . Final pretrial conference set at 1:30 p.m. on 6/21/04; Jury selection and jury trial set at 9:00 a.m. on 7/12/04 before the Honorable David G. Bernthal. Estimated length of trial is 7-10 days. Counsel advised of right to a settlement confernce. Further status hearing set at 4:00 on 6/20/03 by personal appearance. (cc: all counsel) (SD, ilcd)
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| 61 |
Filed: 2/20/2003, Entered: 2/20/2003 |
Amended Complaint |
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SECOND AMENDED COMPLAINT by plaintiffs Jane Doe-2, John Doe-2 [59-1]; adding Joseph Tomlinson, Arlene Blank (SD, ilcd)
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| -- |
Filed: 2/20/2003, Entered: 2/20/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to file instanter second amended complaint [58-1] (cc: all counsel). (SD, ilcd)
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| 60 |
Filed: 2/18/2003, Entered: 2/18/2003 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by plaintiffs Jane Doe-2, John Doe-2 of mailing plaintiffs' second supplemental Rule 26 disclosures (VB, ilcd)
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| 59 |
Filed: 2/13/2003, Entered: 2/13/2003 |
Amended Complaint |
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FIRST AMENDED COMPLAINT by plaintiff; jury demand [1-1] (SLJ, ilcd)
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| -- |
Filed: 2/13/2003, Entered: 2/13/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for leave to file instanter first amended complaint [56-1] (cc: all counsel). (SLJ, ilcd)
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| -- |
Filed: 2/13/2003, Entered: 2/13/2003 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion to extend time to 3/3/03 to disclose experts and provide expert reports [57-1] (cc: all counsel). (SLJ, ilcd)
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| 58 |
Filed: 2/3/2003, Entered: 2/3/2003, Terminated: 2/20/2003 |
Motion for Leave to File |
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MOTION by all plaintiffs for leave to file instanter second amended complaint (SD, ilcd)
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| 57 |
Filed: 1/28/2003, Entered: 1/28/2003, Terminated: 2/13/2003 |
Motion for Extension of Time |
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MOTION by all plaintiffs to extend time to 3/3/03 to disclose experts and provide expert reports (SD, ilcd)
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| 56 |
Filed: 1/27/2003, Entered: 1/27/2003, Terminated: 2/13/2003 |
Motion for Leave to File |
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MOTION by plaintiffs for leave to file instanter first amended complaint (SLJ, ilcd)
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| 55 |
Filed: 1/2/2003, Entered: 1/2/2003 |
Miscellaneous Document |
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CERTIFICATE of service re discovery by plaintiff (SLJ, ilcd)
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| 54 |
Filed: 1/2/2003, Entered: 1/2/2003 |
Miscellaneous Document |
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CERTIFICATE of service re discovery by plaintiff Jane Doe-2 (SLJ, ilcd)
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| 53 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Request to Produce to Dft Brady Smith (SD, ilcd)
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| 52 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Request to Produce to Champaign Community School District No. 4 Board of Education (SD, ilcd)
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| 51 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Interrogatories to Dft Champaign Community School District No. 4 Board of Education (SD, ilcd)
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| 50 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Interrogatories to Dft Charles Drake (SD, ilcd)
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| 49 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Interrogatories to Dft Dianne Shepard (SD, ilcd)
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| 48 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Interrogatories to Dft Donald Hansen (SD, ilcd)
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| 47 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Interrogatories to Dft Kathryn Fletcher (SD, ilcd)
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| 46 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Interrogatories to Dft Louis Dalton (SD, ilcd)
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| 45 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Interrogatories to Dft Brady Smith (SD, ilcd)
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| 44 |
Filed: 11/4/2002, Entered: 11/4/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Interrogatories to Dft Michael Cain (SD, ilcd)
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| 43 |
Filed: 9/20/2002, Entered: 9/20/2002 |
Answer |
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ANSWER/AFFIRMATIVE DEFENSES TO COMPLAINT AND DEMAND FOR JURY TRIAL by defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community; jury demand (SD, ilcd) Modified on 09/20/2002
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| 42 |
Filed: 9/3/2002, Entered: 9/3/2002 |
Notice of Appearance |
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ATTORNEY APPEARANCE by Mary Lee Leahy for plaintiffs Jane Doe-2 and John Doe-2 (SP, ilcd)
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| 41 |
Filed: 8/21/2002, Entered: 8/21/2002 |
Answer |
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SUPPLEMENTAL ANSWER/AFFIRMATIVE DEFENSES TO COUNTS III AND VII OF PLAINTIFF'S COMPLAINT AT LAW by defendant Brady Smith (SD, ilcd)
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| 40 |
Filed: 8/9/2002, Entered: 8/9/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting in part and denying in part Defendant Smith's motion to dismiss [23-1] as follows: The Court DENIES Defendant's motion to dismiss the Section 1983 claim in Count III; The Court DENIES Defendant's motion to dismiss Counts VII, XII and XV as to Jane Doe II based on the statute of limitations; The Court GRANTS Defendant's motion to dismiss the negligence per se claim in Count XII as to both John and Jane Doe II; The Court GRANTS Defendant's motion to dismiss the willful and wanton conduct in execution or enforcement of laws claim in Count XV as to both John and Jane Doe II. Because it is conceivable that Plaintiffs can amend their complaint to state a claim against Defendant Smith in Count XV, it shall be dismissed without prejudice and Plaintiff shall be granted leave to file an amended complaint within fourteen (14) days of this order. Amended Complaint due by 8/23/02 (cc: all counsel) (SD, ilcd)
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| 39 |
Filed: 8/9/2002, Entered: 8/9/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal granting in part and denying in part Defendants' motion to dismiss [25-1] as follows: The Court DENIES Defendants' motion to dismiss the Title IV claim in Count II; The Court DENIES Defendants' motion to dismiss the Section 1983 claims in Counts IV and V; The Court DENIES Defendants' motion to dismiss the IIED claim in Count VIII; The Court GRANTS School Defendants' motion to dismiss the violation of the Illinois Hate Crime Act in Count X, but DENIES it as to the School District; The Court GRANTS Defendants' motion to dismiss without prejudice the willful and wanton conduct in execution or enforcement of laws claim in Count XVI. Because it is conceivable that Plaintiffs can amend their complaint to state a claim against Defendants' in Counts X and XVI, they shall be dismissed without prejudice and Plaintiffs shall be granted leave to file an amended complaint within fourteen (14) days of the order ruling on the motion. Amended Complaint due by 8/23/02 . See Written Order. (cc: all counsel) (SD, ilcd)
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| -- |
Filed: 8/9/2002, Entered: 8/9/2002 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Defendant Smith's Motion to File Corrected Pleading (#17) is ALLOWED in Case No. 02-2118. The Clerk of the Court is directed to remove Defendant Smith's Motion for More Definite Statement and Motion to Dismiss (#35) filed 7/15/02 and Defendant Brady Smith's Answer to Plaintiff's Complaint (#36) filed 7/15/02 from Case No. 02-2059 and refile them in Case No. 02-2118. Plaintiffs are given until 8/23/02 to respond to the Motion for More Definite Statement and Motion to Dismiss docketed as #22 in Case No. 02-2118. Motion for more definite statement [35-1], motion to dismiss [35-2] and answer [36-1] are stricken in case #02-2059. (cc: all counsel) (SD, ilcd)
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| 38 |
Filed: 7/25/2002, Entered: 7/25/2002 |
Order |
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DISCOVERY ORDER by Mag. Judge David G. Bernthal. Written discovery shall be served by 11/1/02 . Responses to written discovery shall be served by 1/2/03. Plaintiffs shall disclose experts and provide expert reports by 2/1/03. This matter is scheduled for further scheduling conference pursuant to Fed.R.Civ.P. 16 by personal appearance at 10:00 on 2/24/03 before the Honorable David G. Bernthal at which time the remaining deadlines will be established. (cc: all counsel) (SD, ilcd)
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| 37 |
Filed: 7/19/2002, Entered: 7/19/2002 |
~Notice (other) |
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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) (SD, ilcd)
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| 36 |
Filed: 7/15/2002, Entered: 7/15/2002, Terminated: 8/9/2002 |
Answer |
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ANSWER/AFFIRMATIVE DEFENSES by defendant Brady Smith (SD, ilcd)
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| 35 |
Filed: 7/15/2002, Entered: 7/15/2002, Terminated: 8/9/2002 |
Motion for Miscellaneous Relief |
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MOTION by defendant Brady Smith for more definite statement , to dismiss (SD, ilcd)
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| -- |
Filed: 7/15/2002, Entered: 7/18/2002 |
Minutes-Miscellaneous |
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MINUTE-ENTRY: by Mag. Judge David G. Bernthal. Rule 16 conference held 3:00 7/15/02 . Appearance of plaintiff by Ellyn Bullock (in person). Appearance of defendant Smith by Stephen DiNolfo (in person); appearance of all other defendants by Darcy Proctor (by phone) and Howard Small (in person). Consent to magistrate form given to counsel and executed. Counsel advised of right to settlement conference. Discussed proposals from each party and the court establishes discovery schedule. Supplemental Rule 16 conference set 10:00 2/24/03 by telephone before Honorable David G. Bernthal. (cc: all counsel) (MT, ilcd)
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| 34 |
Filed: 7/5/2002, Entered: 7/8/2002 |
Miscellaneous Document |
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CERTIFICATE OF COMPLIANCE by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community (VB, ilcd)
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| 33 |
Filed: 7/2/2002, Entered: 7/2/2002 |
Miscellaneous Document |
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CERTIFICATE by plaintiff Jane Doe-2 re: discovery (SD, ilcd)
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| 32 |
Filed: 6/28/2002, Entered: 6/28/2002 |
Discovery - Miscellaneous |
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PROPOSED DISCOVERY PLAN filed by plaintiff Jane Doe-2 (SP, ilcd)
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| 31 |
Filed: 5/29/2002, Entered: 5/29/2002 |
Order |
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ORDER by Mag. Judge David G. Bernthal. ORDERED that this matter is scheduled for a Rule 16 conference at 3:00 on 7/15/02 by personal appearance before U.S. District Judge Michael P. McCuskey and U.S. Magistrate Judge David G. Bernthal at the U.S. Courthouse, 201 S. Vine St, Urbana IL. No client attendance required. (cc: all counsel w/ R16 memos) (SD, ilcd)
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| 30 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Champaign Community. Date waiver sent: 3/7/02; Answer due on 5/7/02 for Champaign Community (SD, ilcd)
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| 29 |
Filed: 5/16/2002, Entered: 5/16/2002 |
Response to Motion |
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RESPONSE by plaintiff to motion to dismiss [25-1] with Incorporated Memorandum of Law (SD, ilcd) Modified on 05/17/2002
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| 28 |
Filed: 5/13/2002, Entered: 5/13/2002 |
Miscellaneous Document |
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CERTIFICATE OF SERVICE by all plaintiffs re: Response to dft Motion to Dismiss and Incorporated Memorandum of Law (SD, ilcd)
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| 27 |
Filed: 5/9/2002, Entered: 5/9/2002 |
Response to Motion |
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RESPONSE by plaintiff to dft motion to dismiss [23-1] and Incorporated Memorandum of Law (SD, ilcd)
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| 26 |
Filed: 5/7/2002, Entered: 5/7/2002 |
Memorandum in Support of Motion |
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MEMORANDUM IN SUPPORT of motion to dismiss [25-1] by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community (SD, ilcd)
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| 25 |
Filed: 5/7/2002, Entered: 5/7/2002, Terminated: 8/9/2002 |
Motion to Dismiss |
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MOTION by dfts Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald L Hansen, Champaign Community to dismiss (SD, ilcd)
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| 24 |
Filed: 5/7/2002, Entered: 5/7/2002 |
Answer |
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ANSWER/AFFIRMATIVE DEFENSES by defendants Louis Dalton, Dianne Shepard, Charles Drake, Kathryn Fletcher, Michael Cain, Donald Hansen, Champaign Community (SD, ilcd)
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| 23 |
Filed: 4/26/2002, Entered: 4/26/2002, Terminated: 8/9/2002 |
Motion to Dismiss |
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MOTION by defendant Brady Smith to dismiss (SD, ilcd)
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| 22 |
Filed: 4/26/2002, Entered: 4/26/2002 |
Answer |
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ANSWER/AFFIRMATIVE DEFENSES by defendant Brady Smith (SD, ilcd)
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| 21 |
Filed: 4/26/2002, Entered: 4/26/2002 |
Notice of Appearance |
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ATTORNEY APPEARANCE by Stephen H. DiNolfo for defendant Brady Smith (SD, ilcd)
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| 20 |
Filed: 4/11/2002, Entered: 4/11/2002 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Brady Smith. Date waiver sent: 3/7/02; Answer due on 5/7/02 for Brady Smith (SD, ilcd)
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| 19 |
Filed: 4/5/2002, Entered: 4/5/2002 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Brady Smith (served on Atty Stephen H. DiNolfo). Date waiver sent: 3/7/02; Answer due on 5/7/02 for Brady Smith (SLJ, ilcd) Modified on 04/11/2002
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| 18 |
Filed: 3/27/2002, Entered: 3/27/2002 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Louis Dalton. Date waiver sent: 3/7/02; Answer due on 5/7/02 for Louis Dalton (SD, ilcd)
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| 17 |
Filed: 3/27/2002, Entered: 3/27/2002 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Kathryn Fletcher . Date waiver sent: 3/7/02; Answer due on 5/7/02 for Kathryn Fletcher (SD, ilcd)
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| 16 |
Filed: 3/27/2002, Entered: 3/27/2002 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Charles Drake. Date waiver sent: 3/7/02; Answer due on 5/7/02 for Charles Drake (SD, ilcd)
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| 15 |
Filed: 3/27/2002, Entered: 3/27/2002 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Michael Cain. Date waiver sent: 3/7/02; Answer due on 5/7/02 for Michael Cain (SD, ilcd)
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| 14 |
Filed: 3/27/2002, Entered: 3/27/2002 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Dianne Shepard. Date waiver sent: 3/7/02; Answer due on 5/7/02 for Dianne Shepard (SD, ilcd)
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| 13 |
Filed: 3/27/2002, Entered: 3/27/2002 |
Service - Miscellaneous |
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WAIVER OF SERVICE returned as to defendant Donald L Hansen. Date waiver sent: 3/7/02; Answer due on 5/7/02 for Donald L Hansen (SD, ilcd)
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| 12 |
Filed: 3/13/2002, Entered: 3/13/2002 |
~Notice (other) |
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NOTICE OF LAWSUIT; Waiver(s) of Service due on 4/12/02 for Champaign Community (SD, ilcd)
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| 11 |
Filed: 3/13/2002, Entered: 3/13/2002 |
~Notice (other) |
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NOTICE OF LAWSUIT; Waiver(s) of Service due on 4/12/02 for Donald L Hansen (SD, ilcd)
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| 10 |
Filed: 3/13/2002, Entered: 3/13/2002 |
~Notice (other) |
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NOTICE OF LAWSUIT; Waiver(s) of Service due on 4/12/02 for Michael Cain (SD, ilcd)
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| 9 |
Filed: 3/13/2002, Entered: 3/13/2002 |
~Notice (other) |
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NOTICE OF LAWSUIT; Waiver(s) of Service due on 4/12/02 for Kathryn Fletcher (SD, ilcd)
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| 8 |
Filed: 3/13/2002, Entered: 3/13/2002 |
~Notice (other) |
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NOTICE OF LAWSUIT; Waiver(s) of Service due on 4/12/02 for Charles Drake (SD, ilcd)
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| 7 |
Filed: 3/13/2002, Entered: 3/13/2002 |
~Notice (other) |
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NOTICE OF LAWSUIT; Waiver(s) of Service due on 4/12/02 for Dianne Shepard (SD, ilcd)
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| 6 |
Filed: 3/13/2002, Entered: 3/13/2002 |
~Notice (other) |
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NOTICE OF LAWSUIT; Waiver(s) of Service due on 4/12/02 for Louis Dalton (SD, ilcd)
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| 5 |
Filed: 3/13/2002, Entered: 3/13/2002 |
~Notice (other) |
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NOTICE OF LAWSUIT; Waiver(s) of Service due on 4/12/02 for Brady Smith (SD, ilcd)
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| 4 |
Filed: 3/7/2002, Entered: 3/7/2002, Terminated: 3/7/2002 |
Motion for Order |
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MOTION by plaintiff for order to proceed under fictitious names (SD, ilcd)
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| 3 |
Filed: 3/7/2002, Entered: 3/7/2002 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by all plaintiffs (SD, ilcd)
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| 2 |
Filed: 3/7/2002, Entered: 3/7/2002 |
Filing Fee Received |
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FILING FEE PAID on 3/7/02 in the amount of $ 150.00 receipt # U1158. (SD, ilcd)
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| 1 |
Filed: 3/7/2002, Entered: 3/7/2002 |
Complaint |
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COMPLAINT (no summons issued) case referred to Mag. Judge David G. Bernthal (SD, ilcd)
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| -- |
Filed: 3/7/2002, Entered: 3/7/2002 |
Order |
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ENDORSED ORDER on its face by Mag. Judge David G. Bernthal granting motion for order to proceed under fictitious names [4-1] (cc: all counsel). (SP, ilcd)
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