Keokuk Junction Rwy v. Lee

Federal Civil Lawsuit Illinois Central District Court, Case No. 1:98-cv-01410-MMM
District Judge Michael M. Mihm, presiding
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District Judge Michael M. Mihm
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Summary

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Parties
No Logo Keokuk Junction Railway Co, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Jonathan L Kazense +1 309 697 1400 +6978 697 697 8486
Space Daniel A LaKemper +1 309 697 1400 +6978 697 697 8486
v.
No Logo Antonia Lee, Defendant

Represented by 300 N. Tucker Blvd.

Represented by ix.netcom.com Law Firm Placeholder

Name Phone Fax E-Mail
Space Robert H. Gregory +1 618 258 7226 +1 618 258 7430 rhglaw@sbcglobal.net
Attributes
Office Peoria
Filed 12/18/1998
Jury Demand Plaintiff
Demand $0
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 28 U.S.C. § 1331 Fed. Question
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Peoria
Terminated 12/7/1999
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags 12, CLOSED
Timeline
  Entries (49) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 35 Filed: 12/30/1999, Entered: 1/10/2000 Judgment*
JUDGMENT in a civil case entered: It is ordered and adjudged that judgment is entered in favor of plaintiff and against defendant, plus costs of suit in the amount of $458.30. (cc: all counsel) (WW, ilcd)
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Blank 34 Filed: 12/30/1999, Entered: 12/30/1999 Costs Taxed
COSTS taxed for plaintiff Keokuk Junction Rwy in the amount of $ 458.30 against defendant Antonia Lee (cc: all counsel) (WW, ilcd)
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Blank 34 Filed: 12/15/1999, Entered: 12/16/1999 Bill of Costs
BILL OF COSTS submitted on behalf of plaintiff Keokuk Junction Rwy in the amount of $458.30, copy of docket entry mailed as notice; costs to be taxed by 12/30/99 (WW, ilcd)
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Blank -- Filed: 12/15/1999, Entered: 12/16/1999 Minutes-Miscellaneous
MINUTE-ENTRY: Bill of Costs filed and will be taxed in favor of the plaintiff in the amount of $458.30 unless objections are filed within 10 working days; misc ddl for objections to be filed is 12/30/99 (cc: all counsel) (WW, ilcd)
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Blank 33 Filed: 12/7/1999, Entered: 12/8/1999 Judgment*
JUDGMENT in a civil case entered (cc: all counsel) (CL, ilcd)
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Blank 32 Filed: 12/7/1999, Entered: 12/8/1999 OrderCourt Filing
DECLARATORY ORDER by Judge Michael M. Mihm. IT IS HEREBY DECLARED: 1) Keokuk's Health Care Plan is not obligated to make any payment to or on behalf of Lee concerning any claims or expenses related to his Aug 24, 1998 surgery: 2) Keokuk is entitled to verification of Lee's need for medical leave under the Family and Medical Leave Act and may therefore require Lee to sumit to an independent medical examination by the unaffilated physician of its choice prior to granting him the leave requested. (cc: all counsel) (CL, ilcd)
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Blank 31 Filed: 12/7/1999, Entered: 12/8/1999 OrderCourt Filing
ORDER by Judge Michael M. Mihm granting motion for summary judgment [26-1] with respect to Counts 1 and 3 and Count 2 is dismissed as moot. The Court DECLARES that the Plan is not obligated to make any paymonet to or on behalf of Lee concerning any claims or expenses related to his 8/24/98 surgery. Court further DECLARES that Keokuk is entitled to verification of Lee's need for medical leave under the FMLA and may therefore require Lee to submit to independent medical examination. Final Pretrial conference set 2:00 12/10/99 is cancelled. Case terminated. (See order) (cc: all counsel) (CL, ilcd)
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Blank 30 Filed: 11/24/1999, Entered: 11/29/1999 Response to Motion
RESPONSE by plaintiff Keokuk Junction Rwy to defendant's statement in opposition to motion for summary judgment [26-1] (CL, ilcd)
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Blank 29 Filed: 11/19/1999, Entered: 11/19/1999 Response
RESPONSE by defendant Antonia Lee to Plaintiff's Statement of Undisputed Facts [28-1] (RK, ilcd)
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Blank 28 Filed: 11/5/1999, Entered: 11/8/1999 Statement of Facts
STATEMENT OF FACTS (undisputed) by plaintiff Keokuk Junction Rwy in support of motion for summary judgment [26-1] (RK, ilcd)
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Blank 27 Filed: 11/5/1999, Entered: 11/8/1999 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion for summary judgment [26-1] by plaintiff Keokuk Junction Rwy (RK, ilcd)
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Blank 26 Filed: 11/5/1999, Entered: 11/8/1999, Terminated: 12/7/1999 Motion for Summary Judgment
MOTION by plaintiff Keokuk Junction Rwy for summary judgment (RK, ilcd)
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Blank -- Filed: 11/1/1999, Entered: 11/1/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael M. Mihm. The dispositive motion filing deadline of 9/29/99 passed without the filing of any such motion, and on 10/4/99, the Court informed the parties that this matter would proceed to final pretrial conference at 2:00 p.m. on Friday, December 10, 1999. Despite knowing that their deadlines had passed and receiving this notice from the Court, the parties remained silent for nearly a month, until October 28, 1999, when Plaintiff incredibly filed its Motion for Extension of Time to File Dispositive Motions. As the parties have no authority to arbitrarily extend litigation schedules without the consent of the Court, the Court has little sympathy for their present predicament. Accordingly, the motion to extend time until 11/12/99 to file dispositive motions [25-1] will be GRANTED only in that the Court will permit the filing of belated dispositive motions on or before Mtn filing ddl of 11/5/99 ; responses will then be due by misc ddl of 11/19/99 , with any reply to be filed on 11/29/99. These deadlines will not be subject to further extension absent truly extenuating circumstances. (cc: all counsel/ copy faxed to Attys. Holland/LaKemper) (CL, ilcd)
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Blank 25 Filed: 10/28/1999, Entered: 10/28/1999, Terminated: 11/1/1999 Motion for Extension of Time
MOTION by plaintiff Keokuk Junction Rwy to extend time until 11/12/99 to file dispositive motions (RK, ilcd) Modified on 10/29/1999
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Blank -- Filed: 10/4/1999, Entered: 10/4/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael M. Mihm. As the dispositive motion filing ddl of 9/29/99 has passed without the filing of any such motion, this matter is now ready for final pretrial conference. Final pretrial conference remains set for 2:00 p.m. on Friday, December 10, 1999 in person in Peoria. (cc: all counsel) (CL, ilcd)
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Blank 24 Filed: 7/16/1999, Entered: 7/16/1999 OrderCourt Filing
ORDER by Mag. Judge Robert J. Kauffman granting in part and denying in part plaintiff's motion to strike portions of Dft's answer [21-1], as follows: 1) Defendant's answer to Count I Paragraph 12 is stricken. 2) Defendant's answer to Count III Paragraph 5 may stand. It is not inconsistent to deny "failing" and "refusing" to return to work, even if it is factual that plaintiff did not return to work. 3) Defendant's answer to Count III Paragraph 8 may stand. It is not necessary to answer a legal conclusion at all, so defendant's evasive answer is of no import. (cc: all counsel) (ML, ilcd)
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Blank -- Filed: 7/15/1999, Entered: 7/15/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael M. Mihm. In plaintiff's response to the motion to propound discovery out of time, (granted 7/14/99) plaintiff asks this court to allow it 21 days to respond to the discovery covered by the 7/14/99 order. This request is granted. Plaintiff has 21 days from 7/14/99 to answer or take other appropriate action. (cc: all counsel) (CL, ilcd)
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Blank -- Filed: 7/14/1999, Entered: 7/14/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael M. Mihm granting motion to extend time to propound discovery [22-1]. The discovery forwarded to Pla's counsel on June 24, 1999 is considered served as of that date. Dfts are granted eight (8) additional days beyond the deadline of July 17, 1999 to respond. (cc: all counsel) (CL, ilcd)
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Blank 23 Filed: 7/13/1999, Entered: 7/14/1999 Response to Motion
RESPONSE by plaintiff Keokuk Junction Rwy to motion to extend time to propound discovery [22-1] (CL, ilcd)
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Blank 22 Filed: 7/6/1999, Entered: 7/7/1999 Motion for Extension of Time
MOTION by defendant Antonia Lee to extend time to propound discovery (CL, ilcd)
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Blank 21 Filed: 6/15/1999, Entered: 6/15/1999, Terminated: 7/16/1999 Motion to Strike
MOTION by plaintiff Keokuk Junction Rwy to strike portions of Dft's answer (CL, ilcd)
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Blank 20 Filed: 6/2/1999, Entered: 6/3/1999 Discovery - Miscellaneous
JOINT PROPOSED DISCOVERY PLAN filed by plaintiff Keokuk Junction Rwy, defendant Antonia Lee (CL, ilcd)
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Blank 19 Filed: 6/2/1999, Entered: 6/2/1999 Answer
ANSWER by defendant Antonia Lee to plaintiff's complaint for declaratory judgment (CL, ilcd)
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Blank -- Filed: 6/2/1999, Entered: 6/3/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael M. Mihm. Attys LaKemper/Holland present in person and Rule 16 conference held 4:30 6/2/99 . Parties to exchange interrogatories and requests to produce by 6/16/99; Responses to requests no later thatn 7/14/99; Any depositions to be taken and all discovery to be completed by 9/15/99 . Dispositive motions to be filed by Mtn filing ddl of 9/29/99 . Responses to be filed no later than misc ddl of 10/13/99 . Any reply to be filed by 10/30/99. Final pretrial conference set 2:00p.m. Friday, 12/10/99 in person in Peoria. (cc: all counsel) (CL, ilcd)
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Blank 18 Filed: 5/14/1999, Entered: 5/17/1999 OrderCourt Filing
ORDER by Judge Michael M. Mihm. The Court adopts the Magistrate's report & recommendation, denying motion to dismiss and motion to disqualify counsel [4-1] Case referred to Mag. Judge Robert J. Kauffman (cc: all counsel) (HK, ilcd)
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Blank -- Filed: 4/23/1999, Entered: 4/23/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael M. Mihm. Rule 16 conference is reset to 4:30p.m. Wed 6/2/99 in person in Peoria. Rule 16 conference previously set 4/23/99 is cancelled. (cc: all counsel) (CL, ilcd)
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Blank 17 Filed: 4/22/1999, Entered: 4/22/1999, Terminated: 5/14/1999 Report and RecommendationsCourt Filing
MAGISTRATE'S RECOMMENDATION re: motion to dismiss and motion to disqualify counsel [4-1] by Antonia Lee by Mag. Judge Robert J. Kauffman. Judge Kauffman recommends that the motion to dismiss (#4) be denied and that the motion to disqualify (#4) be denied. Case referral terminated. (cc: all counsel) (ML, ilcd)
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Blank 16 Filed: 4/15/1999, Entered: 4/16/1999 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant Antonia Lee on 12/30/98 (CL, ilcd)
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Blank 15 Filed: 2/16/1999, Entered: 2/16/1999 Mail Returned
MAIL Returned: minute entry [0-0] addressed to Atty Robert H Gregory, counsel for Dft Antonia Lee (CL, ilcd)
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Blank 14 Filed: 2/16/1999, Entered: 2/16/1999 Mail Returned
MAIL Returned: minute entry [0-0] addressed to Attorney Robert H Gregory, counsel for Dft Antonia Lee (CL, ilcd)
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Blank 13 Filed: 2/16/1999, Entered: 2/16/1999 Mail Returned
MAIL Returned: minute entry [0-0] addressed to Attorney Robert Gregory, counsel for Antonia Lee (CL, ilcd)
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Blank -- Filed: 2/12/1999, Entered: 2/16/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman. Parties present via phone by Attys Kazense & LaKemper/Gregory for motion hearing at 2:00 on Friday 2/12/99 re motion to dismiss and motion to disqualify counsel [4-1]. Arguments held. The court is taking under advisement on 2/12/99 motion to dismiss and motion to disqualify counsel [4-1]. (cc: all counsel) (KB, ilcd)
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Blank -- Filed: 2/3/1999, Entered: 2/3/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman canceling motion hearing set on 2/5/99 and resetting motion to dismiss and motion to disqualify counsel [4-1] at 2:00 p.m. on Friday, 2/12/99 via phone, Court to set up the call. (cc: all counsel) (WW, ilcd)
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Blank -- Filed: 2/3/1999, Entered: 2/3/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Chief Judge Joe B. McDade Local Rule CDIL 7.1(F) provides that related cases are to be assigned to the judge of the first-filed cases. The court has been advised that these two cases (98-1410 and 99-1026) are related cases, with the first-filed case being assigned to Judge Mihm. They are both, therefore, to be assigned to Judge Mihm with a reference to Magistrate Judge Kauffman. (cc: all counsel) (SH, ilcd)
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Blank 12 Filed: 1/27/1999, Entered: 1/27/1999 Mail Returned
MAIL Returned: minute entry of 1/15/99 [0-0] addressed to Attorney Robert Gregory, counsel for dft Antonia Lee (CL, ilcd)
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Blank 11 Filed: 1/26/1999, Entered: 1/26/1999 Memorandum in Opposition to Motion/Petition
MEMORANDUM IN OPPOSITION to motion to disqualify counsel [4-1] by plaintiff Keokuk Junction Rwy (CL, ilcd)
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Blank 10 Filed: 1/25/1999, Entered: 1/26/1999 Response to Motion
RESPONSE by plaintiff Keokuk Junction Rwy to motion to disqualify counsel [4-1] (CL, ilcd)
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Blank 9 Filed: 1/25/1999, Entered: 1/26/1999 Memorandum in Opposition to Motion/Petition
MEMORANDUM IN OPPOSITION to motion to dismiss and motion to disqualify counsel [4-1] by plaintiff Keokuk Junction Rwy (CL, ilcd)
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Blank 8 Filed: 1/25/1999, Entered: 1/26/1999 Response to Motion
RESPONSE by plaintiff Keokuk Junction Rwy to motion to dismiss and motion to disqualify counsel [4-1] (CL, ilcd)
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Blank 7 Filed: 1/21/1999, Entered: 1/22/1999 Mail Returned
MAIL Returned: minute entry [0-0] addressed to Atty Robert Gregory, counsel for Antonia Lee (CL, ilcd)
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Blank -- Filed: 1/15/1999, Entered: 1/15/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Robert J. Kauffman setting case for motion hearing on motion to dismiss and motion to disqualify counsel [4-1] at 10:00 am on Friday, 2/5/99 via phone. Court to call.(cc: all counsel) (ML, ilcd)
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Blank 6 Filed: 1/14/1999, Entered: 1/14/1999 Certificate of Interest
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Antonia Lee (CL, ilcd)
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Blank 4 Filed: 1/14/1999, Entered: 1/14/1999, Terminated: 5/14/1999 Motion to Dismiss
MOTION by defendant Antonia Lee to dismiss and motion to disqualify counsel for plaintiff (CL, ilcd)
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Blank -- Filed: 1/14/1999, Entered: 1/14/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael M. Mihm. Initial Pre-Trial/ Rule 16 conference is set on Friday, 4/23/99 at 4:00; in person. Previous docket entry of 12/21/98 said 4/23/98 in error. (cc: all counsel) (HK, ilcd)
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Blank 5 Filed: 1/13/1999, Entered: 1/14/1999 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion to dismiss and motion to disqualify counsel [4-1] by defendant Antonia Lee (CL, ilcd)
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Blank -- Filed: 12/21/1998, Entered: 12/21/1998 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael M. Mihm. Case set for Initial Pre-Trial/ Rule 16 Conference set on Friday, 4/23/98 at 4:00pm; in person. Rule 16 notice enclosed. Pltf to notify Deft of hearing. (cc: all counsel) (HK, ilcd)
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Blank 2 Filed: 12/18/1998, Entered: 12/21/1998 Filing Fee Received
FILING FEE PAID on 12/18/98 in the amount of $ 150.00 receipt # 026705. (HK, ilcd)
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Blank 1 Filed: 12/18/1998, Entered: 12/21/1998 ComplaintCourt Filing
COMPLAINT for declaratory judgment (summons issued) case referred to Mag. Judge Robert J. Kauffman (HK, ilcd) Modified on 12/22/1998
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Blank 3 Filed: 10/31/1998, Entered: 1/4/1999 Certificate of Interest
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by plaintiff Keokuk Junction Rwy (CL, ilcd)
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