Macon Cty Landfill v. Gietl

Federal Civil Lawsuit Illinois Central District Court, Case No. 3:02-cv-03231-BGC
Magistrate Judge Byron G. Cudmore, presiding
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Magistrate Judge Byron G. Cudmore
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Summary

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Parties
No Logo Macon County Landfill Corp, Plaintiff

Represented by Freeborn & Peters LLP

Name Phone Fax E-Mail
Space Ann Hopkins Avery +1 312 360 6000 +3606 360 360 6572

Represented by Law Offices of Wendy E. Morris

Name Phone Fax E-Mail
Space Jeffrey J. Mayer +1 312 360 6474 +1 312 360 6596 Jeffrey.mayer@akerman.com

Represented by WINTERS FEATHERSTUN GAUMER KENNEY POSTLEWAIT STOCKS & FLYNN

Name Phone Fax E-Mail
Space Edward F Flynn +1 217 429 4453
v.
No Logo Dave Gietl, Defendant

Represented by shout.net Law Firm Placeholder

Name Phone Fax E-Mail
Space Howard W Small +1 217 359 0200 +1 217 359 0888 hwslaw@shout.net
Attributes
Office Springfield
Filed 9/9/2002
Jury Demand None
Demand $0
Nature of Suit 440 - Civil Rights: Other
Cause Section 42 U.S.C. § 1983 Civil Rights Act
Jurisdiction Federal Question
Disposition Dismissed - Settled
County Macon
Terminated 1/8/2003
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case 2:02-cv-02191[]
Def Custody Status
Flags 36, CLOSED, CONMAG, TRANSF
Timeline
  Entries (28) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 17 Filed: 1/8/2003, Entered: 1/8/2003 OrderCourt Filing
ORDER by Mag. Judge Byron G. Cudmore granting joint motion to dismiss [16-1]. This cause is dismissed with prejudice and without costs, with the Court to maintain jurisdiction over issues arising out of or relating to the Settlement Agreement. (cc: all counsel) (MR, ilcd)
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Blank 16 Filed: 1/8/2003, Entered: 1/8/2003, Terminated: 1/8/2003 Motion to Dismiss
JOINT MOTION by plaintiff, defendants to dismiss (MR, ilcd)
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Blank 15 Filed: 11/27/2002, Entered: 11/27/2002 ~Notice (other)Court Filing
CONSENT/ORDER of reference by Judge Jeanne E. Scott ; this case may proceed before Mag. Judge Byron G. Cudmore with consent of parties (cc: all counsel) (MR, ilcd)
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Blank -- Filed: 11/26/2002, Entered: 11/26/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Byron G. Cudmore. Telephone conference with Attorney Howard Small who advised the Harristown Township Board approved the settlement mediated by Judge Cudmore on 10/23/02. Consent to proceed before Judge Cudmore filed instanter. Parties directed to file joint motion to dismiss based upon settlement on or before 1/8/03. (cc: all counsel) (MR, ilcd)
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Blank -- Filed: 10/23/2002, Entered: 10/24/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Byron G. Cudmore. Settlement conference held October 22, 2002. Attorneys Jeffrey Mayer and Ann Avery, accompanied by Jane Fowler, Kevin Shaw and Chris Peters, present for Plaintiff. Attorney Howard Small present for Defendant, accompanied by Dave Gietl, Maurice Doyle, and Bruce Byrd. Settlement reached subject to approval by Harrison Township board. All deadlines stayed pending further order of Court. Counsel to file status report on or before 11/25/2002 cncerning action taken by the Township Board at their next meeting on 11/21/2002. Parties consent to Judge Cudmore pursuant to 28 U.S.C. 636(c). Consent to be entered if Township Board approves tentative settlement. (cc: all counsel) (AJ, ilcd)
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Blank -- Filed: 10/23/2002, Entered: 10/23/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Charles H. Evans. Magistrate Judge Charles Evans recuses himself fromf this case and transfers case to Magistrate Judge Byron Cudmore for all further proceedings. Case referred to Mag. Judge Byron G. Cudmore. (cc: all counsel) (AJ, ilcd)
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Blank -- Filed: 9/27/2002, Entered: 9/27/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Byron G. Cudmore. By joint request of the parties, a settlement/mediation conference is scheduled before Judge Cudmore on 10/22/02 at 10:00 a.m. in chambers in Springfield. The Court has provided the parties with its standard settlement memorandum setting forth certain requirements. Each party directed to tender to Judge Cudmore their confidential settlement statement on or before 10/16/02. (cc: all counsel) (MR, ilcd)
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Blank -- Filed: 9/26/2002, Entered: 9/26/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Jeanne E. Scott. Telephone Status Conference was held by Judge Scott September 25, 2002. Participating were Jeffrey Mayer, Ann Hopkins Avery and Edward Flynn, counsel for Plaintiff and Howard Small, counsel for Defendant. Plaintiff's Motion for Status Conference, to Set Schedule for Preliminary Injunction Hearing, and for Other Relief (d/e 11-1 and 11-2) were argued and allowed in part as follows: Plaintiff withdraws its motion for Temporary Restraining Order (d/e 3-1) without prejudice to its right to later renew the motion if Plaintiff deems it necessary. The Preliminary Injunction hearing scheduled for October 2, 2002 is cancelled. By agreement of the parties, the case is referred to U.S. Magistrate Judge Byron Cudmore for settlement conference to be scheduled as soon as possible. A hearing on the Motion for Preliminary Injunction will be scheduled by the Court, upon request of any party, after the settlement conference has been conducted. (cc: Judge Cudmore and all counsel) (AJ, ilcd)
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Blank 14 Filed: 9/25/2002, Entered: 9/25/2002 Answer
ANSWER TO VERIFIED COMPLAINT by defendant, Dave Gietl. (MAS, ilcd)
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Blank 13 Filed: 9/19/2002, Entered: 9/19/2002 ~Notice (other)
NOTICE of Hearing filed by plaintiff, Macon Cty Landfill. (MAS, ilcd)
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Blank 12 Filed: 9/19/2002, Entered: 9/19/2002 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion to amend (to vacate the October 2,2002 preliminary injunction hearing date and convert it to a settlement date) [11-1] and of motion for other relief as the court deems appropriate [11-2] filed by plaintiff, Macon Cty Landfill. (MAS, ilcd)
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Blank 11 Filed: 9/19/2002, Entered: 9/19/2002, Terminated: 9/26/2002 Motion to Amend/Correct
MOTION by plaintiff, Macon Cty Landfill to amend (to vacate the October 2,2002 preliminary injunction hearing date and convert it to a settlement date) , and for other relief as the court deems appropriate (MAS, ilcd)
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Blank -- Filed: 9/19/2002, Entered: 9/19/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Jeanne E. Scott. Telephonic Status Conference on Plaintiff's Motion for Preliminary Injunction [3-3] is set for 9/25/02 at 4:00 p.m. (cc: all counsel) (MR, ilcd)
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Blank -- Filed: 9/16/2002, Entered: 9/16/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Jeanne E. Scott. Plaintif's Motion for a Preliminary Injunction Hearing [3-2] is allowed. The Preliminary Injunction Hearing is set for 10/2/02 at 1:30 p.m. (cc: all counsel) (MR, ilcd)
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Blank 10 Filed: 9/10/2002, Entered: 9/16/2002 Service - Miscellaneous
RETURN OF SERVICE executed upon Maurice Doyle on 9/4/02 (CC, ilcd)
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Blank 9 Filed: 9/10/2002, Entered: 9/16/2002 Service - Miscellaneous
RETURN OF SERVICE executed upon defendant Dave Gietl on 9/4/02 (CC, ilcd)
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Blank 8 Filed: 9/9/2002, Entered: 9/10/2002 OrderCourt Filing
ORDER by Chief Judge Joe B. McDade. IT IS ORDERED that the Clerk reassign this case to United States District Judge Jeanne E. Scott , and all further pleadings should be directed to Judge Scott. (cc: all counsel) (RK, ilcd)
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Blank -- Filed: 9/9/2002, Entered: 9/10/2002 Case Transferred In - Divisional Transfer
Original file, transfer order received from Urbana [ 02-2191]. Case assigned to Judge Jeanne E. Scott. Case referred to Mag. Judge Charles H. Evans. (RK, ilcd)
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Blank -- Filed: 9/9/2002, Entered: 9/10/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Chief Judge Joe B. McDade transferring case to the Springfield Division . New case number in Springfield Division is 02-3231; old case no. in Urbana Division was 02-2191. File mailed to Springfield Division; all future pleadings are to be filed in the Springfield Division. (cc: all counsel) (RK, ilcd)
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Blank 7 Filed: 9/6/2002, Entered: 9/6/2002 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion for Temporary Restraining Order [3-1], of motion for Entry of a Preliminary Injunction [3-3] by plaintiff Macon Cty Landfill (MT, ilcd)
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Blank -- Filed: 9/6/2002, Entered: 9/6/2002 Minutes-Miscellaneous
MINUTE-ENTRY: by Judge Michael P. McCuskey. The Honorable Michael P. McCuskey hereby recuses himself from the above-captioned matter. The parties were offered an option to consent to Magistrate Judge David G. Bernthal in order to expedite this matter but have not responded. Therefore, this case is sent to Chief Judge Joe Billy McDade for reassignment. (cc: all counsel) (MT, ilcd)
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Blank -- Filed: 9/6/2002, Entered: 9/6/2002 Order
ENDORSED ORDER on its face by Judge Michael P. McCuskey granting motion to exceed page limit [5-1] (cc: all counsel). (MT, ilcd)
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Blank 6 Filed: 9/4/2002, Entered: 9/4/2002 Affidavit
AFFIDAVIT (filed as Verification) of Kevin Shaw regarding complaint [1-1] (SP, ilcd)
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Blank 5 Filed: 9/4/2002, Entered: 9/4/2002, Terminated: 9/6/2002 Motion for Leave to File Excess Pages
MOTION by plaintiff Macon Cty Landfill to exceed page limit (SP, ilcd)
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Blank 4 Filed: 9/4/2002, Entered: 9/4/2002 Trial Exhibit
COMBINED EXHIBITS for plaintiff Macon Cty Landfill complaint [1-1], and Motion for Temporary Restraining Order and to Set Up a Preliminary Injunction Hearing and for Entry of a Preliminary Injunction [3-0] stored in case file (SP, ilcd)
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Blank 3 Filed: 9/4/2002, Entered: 9/4/2002, Terminated: 9/26/2002 Motion for TRO
MOTION by plaintiff Macon Cty Landfill for Temporary Restraining Order and to Set Up a Preliminary Injunction Hearing and for Entry of a Preliminary Injunction (SP, ilcd)
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Blank 2 Filed: 9/4/2002, Entered: 9/4/2002 Filing Fee Received
FILING FEE PAID on 9/4/02 in the amount of $150.00 receipt #U1617. (SP, ilcd)
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Blank 1 Filed: 9/4/2002, Entered: 9/4/2002 Complaint
VERIFIED COMPLAINT for Temporary Restraining Order, Preliminary and Permanent Injunction, Other Equitable Relief, Damages and Other Relief as Determined by the Court (summonses issued) (SP, ilcd)
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