Wilhite, et al v. Illinois Power Co, et al

Federal Civil Lawsuit Illinois Central District Court, Case No. 3:98-cv-03293-RM-BGC
District Judge Richard Mills, presiding
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District Judge Richard Mills
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Summary

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Parties
No Logo Matthew R Wilhite, Plaintiff

Represented by Pavalon, Gifford & Laatsch

Name Phone Fax E-Mail
Space Christine Walsh Donnelly +1 312 419 7400
Space Eugene I Pavalon +1 312 419 7400
No Logo Wendy Jo Wilhite, Plaintiff

Represented by Pavalon, Gifford & Laatsch

Name Phone Fax E-Mail
Space Christine Walsh Donnelly +1 312 419 7400
Space Eugene I Pavalon +1 312 419 7400
v.
No Logo Illinois Power Company, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space DONALD E. JOSE +1 610 889 5675 djose1@comcast.net
Space Kristen Beth Komer +1 215 436 1888
Space Richard F Nelson +1 312 540 6780
Space David Wiedis +1 215 436 1888
Attributes
Office Springfield
Filed 12/8/1998
Jury Demand Plaintiff
Demand $0
Nature of Suit 360 - Personal Injury: Other
Cause Section 28 U.S.C. § 1332 Diversity-Personal Injury
Jurisdiction Diversity
Disposition Judgment - Motion Before Trial
County XX US, Outside State
Terminated 4/17/2001
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags 31, CLOSED, REFER
Timeline
  Entries (60) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 48 Filed: 4/17/2001, Entered: 4/17/2001 Judgment*Court Filing
JUDGMENT in a civil case entered, pursuant to Order entered by Judge Richard Mills, defendant's motion for summary judgment based on the dispositive threshold issue Illinois' Workers' Compensation immunity [31-1] is Allowed. All pending motions are Denied as Moot. Case dismissed. (cc: all counsel) (MR, ilcd) Modified on 04/17/2001
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Blank 47 Filed: 4/10/2001, Entered: 4/17/2001 OrderCourt Filing
OPINION by Judge Richard Mills granting motion for summary judgment based on the dispositive threshold issue of Illinois' Workers' Compensation immunity [31-1]. All pending motions are Denied as Moot. Case dismissed. (cc: all counsel) (MR, ilcd) Modified on 04/17/2001
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Blank 46 Filed: 12/29/2000, Entered: 12/29/2000 Miscellaneous Document
CERTIFICATE of compliance with the type volume limitation by defendant (AJ, ilcd)
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Blank 45 Filed: 12/29/2000, Entered: 12/29/2000 Reply to Response to Motion
REPLY by defendant to plaintiffs' response to motion for summary judgment based on the dispositive threshold issue of Illinois' Workers' Compensation immunity [31-1] (AJ, ilcd)
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Blank 44 Filed: 12/15/2000, Entered: 12/19/2000 Response
RESPONSE by plaintiffs to the defendant's statement of material facts claimed to be undisputed [31-1] (CC, ilcd)
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Blank 43 Filed: 12/15/2000, Entered: 12/19/2000 Response to Motion
RESPONSE by plaintiffs to defendant's motion for summary judgment re borrowed employee [31-1] (CC, ilcd)
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Blank 42 Filed: 10/31/2000, Entered: 10/31/2000 OrderCourt Filing
ORDER by Mag. Judge Byron G. Cudmore: Plaintiff's Motion To Strike Defendant's 100-Plus Page Summary Judgment Motion Or To Extend Pending Deadlines [40-1] is DENIED IN PART and ALLOWED IN PART. The Motion To Stike is DENIED. The Court will ALLOW Plaintiff until December 15, 2000, to respond to Defendant Illinois Power Company's Motion For Summary Judgment Based On the Dispositive Threshold Issue of Illiinois' Workers' Compensation Immunity [31-1]. Should Defendant's first summary judgment motion be denied, Plaintiff will have 14 days from the date judgment is entered to file a response to Defendant Illinois Power Company's Motion For Summary Judgment Based On Plaintiffs' Failure To Establish The Essential Elements Of Breach Of Duty Owed and Causation [35-1]. In light of these extensions, the Court cancels the existing Final Pretrial and Trial dates. New Final Pretrial and Trial will be scheduled according to the disposition of Defendant's summary judgment motions. (cc: all counsel) (CT, ilcd) Modified on 10/31/2000
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Blank 41 Filed: 10/30/2000, Entered: 10/30/2000 Response to Motion
Defendant's opposition to Plaintiffs' motion to strike Defendant's 100-plus page summary judgment motion or to extend pending deadlines [40-1] (AJ, ilcd)
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Blank 40 Filed: 10/26/2000, Entered: 10/26/2000, Terminated: 10/31/2000 Motion for Extension of Time
MOTION by plaintiff to strike defendant's 100-plus page summary judgment motion or to extend pending deadlines (AJ, ilcd)
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Blank 40 Filed: 10/26/2000, Entered: 10/26/2000, Terminated: 10/31/2000 Motion to Strike
MOTION by plaintiff to strike Defendant's 100-plus page summary judgment motion or to extend pending deadlines (AJ, ilcd)
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Blank 39 Filed: 10/23/2000, Entered: 10/24/2000 Trial Exhibit
APPENDIX OF EXHIBITS in support of defendant's motion for summary judgment based on plaintiffs' failure to establish the essential elements of breach of duty and causation - Volume II (CC, ilcd)
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Blank 38 Filed: 10/23/2000, Entered: 10/24/2000 Trial Exhibit
APPENDIX OF EXHIBITS in support of defendant's motion for summary judgment based on plaintiffs' failure to establish the essential elements of breach of duty and causation - Volume I (CC, ilcd)
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Blank 37 Filed: 10/23/2000, Entered: 10/24/2000 Miscellaneous Document
CERTIFICATE of compliance with the type volume limitation by defendant (CC, ilcd)
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Blank 36 Filed: 10/23/2000, Entered: 10/24/2000 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion for summary judgment based on plaintiffs' failure to establish the essential elements of breach of duty owed and causation [35-1] by defendant (CC, ilcd)
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Blank 35 Filed: 10/23/2000, Entered: 10/24/2000 Motion for Summary Judgment
MOTION by defendant for summary judgment based on plaintiffs' failure to establish the essential elements of breach of duty owed and causation (CC, ilcd)
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Blank 34 Filed: 10/20/2000, Entered: 10/20/2000 Miscellaneous Document
CERTIFICATE of compliance with the type of volume limitation by defendant (AJ, ilcd)
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Blank 33 Filed: 10/20/2000, Entered: 10/20/2000 Trial Exhibit
EXHIBITS for defendant in support of Defendant Illinois Power Company's Motion for Summary Judgment Based on the Dispositive Threshold Issue of Illinois' Workers' Compensation Immunity stored in file (AJ, ilcd)
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Blank 32 Filed: 10/20/2000, Entered: 10/20/2000 Memorandum in Support of Motion
MEMORANDUM IN SUPPORT of motion for summary judgment based on the dispositive threshold issue of Illinois' Workers' Compensation immunity [31-1] by defendant (AJ, ilcd)
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Blank 31 Filed: 10/20/2000, Entered: 10/20/2000, Terminated: 4/17/2001 Motion for Summary Judgment
MOTION by defendant for summary judgment based on the dispositive threshold issue of Illinois' Workers' Compensation immunity (AJ, ilcd)
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Blank -- Filed: 8/3/2000, Entered: 8/4/2000 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Byron G. Cudmore. Before the Court is an Agreed Motion for Extension of Time (d/e 30). For good cause shown, motion allowed in part. Discovery deadline extended to 9/22/2000. Dispositive motion deadline extended to 10/21/2000. Final pretrial and trial dates to remain in full force and effect. (cc: all counsel) (AJ, ilcd)
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Blank 30 Filed: 8/2/2000, Entered: 8/2/2000, Terminated: 8/3/2000 Motion for Extension of Time to Complete Discovery
AGREED MOTION for the extension of pending deadlines to allow depositions of professional witnesses (retained experts and treaters) filed by plaintiffs (CC, ilcd)
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Blank -- Filed: 7/24/2000, Entered: 7/24/2000 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Byron G. Cudmore: Telephonic status conference set 8/17/00 at 2:00 p.m. is CANCELED. (cc: all counsel) (RA, ilcd)
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Blank 29 Filed: 4/13/2000, Entered: 4/13/2000 OrderCourt Filing
ORDER by Mag. Judge Byron G. Cudmore: Wherefore, the Motion to Compel [d/e 25-1] is allowed in part and denied in part as noted herein. Based in part upon Plaintiffs' assertion, the fact that the cost of the depositions is de minimis to this corporate Defendant, and in order to allow the case to move smoothly through the current scheduling order the Defendant's request to defer the depositions of Plaintiffs' treating physcians [d/e 25-2] is denied. The Court notes that the deadline to complete all discovery in this case is August 15, 2000. Therefore, the Defendant has more than sufficient time to conduct whatever depositions Defendant deems appropriate. (cc: all counsel) (RA, ilcd)
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Blank 28 Filed: 4/6/2000, Entered: 4/6/2000 Response to Motion
RESPONSE by plaintiff Matthew R Wilhite, plaintiff Wendy Jo Wilhite to motion to compel and request to reserve the right to depose treating physicians [25-1] (RA, ilcd)
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Blank 27 Filed: 4/6/2000, Entered: 4/6/2000 ~Notice (other)
NOTICE of filing plaintiff's response to defendant's motion to compel and request to reserve the right to depose treating physicians by plaintiff Matthew R Wilhite, plaintiff Wendy Jo Wilhite (RA, ilcd)
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Blank 26 Filed: 3/31/2000, Entered: 3/31/2000 Miscellaneous Document
CERTIFICATE of service of plaintiffs' expert witness disclosure pursuant to Rule 26(a)(2) (CC, ilcd)
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Blank 25 Filed: 3/22/2000, Entered: 3/22/2000, Terminated: 4/13/2000 Motion to Compel
MOTION by defendant Illinois Power Co to compel , and request to reserve the right to depose treating physicians (CC, ilcd)
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Blank -- Filed: 3/22/2000, Entered: 3/27/2000 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Byron G. Cudmore. Before the Court is Dft's Motion to Compel and Request to Reserve the Right to Depose Treating Physicians (#25). Plf directed to file written response to both aspects on or before 4/6/00. Upon receipt of the response, the Court will rule or set the matter for hearing. If no response is received, the Court will infer there is no objection and the motion will be allowed. (cc: all counsel) (BR, ilcd)
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Blank -- Filed: 2/10/2000, Entered: 2/11/2000 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Byron G. Cudmore. Before the Court is plaintiffs' motion for extension of time [24-1] to extend the deadline for plaintiffs to disclose their expert witnesses. For good cause shown, motion allowed. Plaintiffs to disclose experts and provide Rule 26 expert reports on or before 3/31/2000. The Court sua sponte extends defendant's disclosure date for experts and Rule 26 reports to 6/15/2000. All other deadlines to remain in full force and effect. (cc: all counsel) (CC, ilcd)
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Blank 24 Filed: 2/9/2000, Entered: 2/9/2000, Terminated: 2/10/2000 Motion for Extension of Time
MOTION by plaintiffs to extend time to disclose expert witnesses to 3/31/00 (CC, ilcd)
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Blank 23 Filed: 12/1/1999, Entered: 12/6/1999 Motion for Extension of Time
MOTION by plaintiff to extend time to complete discovery (BR, ilcd) Modified on 12/06/1999
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Blank -- Filed: 12/1/1999, Entered: 12/6/1999 Order
ENDORSED ORDER on its face by Mag. Judge Byron G. Cudmore granting motion to extend time to complete discovery [23-1] Fact discovery deadline extended to 3/31/2000 (cc: all counsel). (BR, ilcd)
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Blank 22 Filed: 11/29/1999, Entered: 11/30/1999 Miscellaneous Document
CERTIFICATE by plaintiff Matthew R Wilhite, plaintiff Wendy Jo Wilhite of filing interrogatories (MC, ilcd)
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Blank 21 Filed: 11/29/1999, Entered: 11/30/1999 Miscellaneous Document
CERTIFICATE by plaintiff Matthew R Wilhite, plaintiff Wendy Jo Wilhite of filing request for production of documents (MC, ilcd)
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Blank 20 Filed: 10/13/1999, Entered: 10/13/1999 Order on Motion for Miscellaneous ReliefCourt Filing
PROTECTIVE ORDER by Mag. Judge Byron G. Cudmore : granting motion for protective order [19-1] (cc: all counsel) (BR, ilcd)
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Blank 19 Filed: 10/13/1999, Entered: 10/13/1999, Terminated: 10/13/1999 Motion for Protective Order
MOTION by Illinois Power Co for protective order (BR, ilcd)
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Blank 18 Filed: 10/7/1999, Entered: 10/7/1999 Miscellaneous Document
CERTIFICATE of service of Response to Illinois Power Company's Request for Production by plaintiff (BR, ilcd)
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Blank 17 Filed: 9/23/1999, Entered: 9/23/1999 Miscellaneous Document
CERTIFICATE of service of filing Answers to Illinois Power Company's Interrogatories by plaintiff Matthew R Wilhite, plaintiff Wendy Jo Wilhite (RA, ilcd)
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Blank 16 Filed: 7/26/1999, Entered: 7/27/1999 Notice of Appearance
ATTORNEY APPEARANCE by Donald E Jose for defendant Illinois Power Co (MR, ilcd)
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Blank 15 Filed: 7/26/1999, Entered: 7/27/1999 Notice of Appearance
ATTORNEY APPEARANCE by Kristen B Komer for defendant Illinois Power Co (MR, ilcd)
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Blank 14 Filed: 7/26/1999, Entered: 7/27/1999 Notice of Appearance
ATTORNEY APPEARANCE by David J Wiedis for defendant Illinois Power Co (MR, ilcd)
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Blank 13 Filed: 7/26/1999, Entered: 7/27/1999 Motion for Leave to File
MOTION by defendant Illinois Power Co for leave to file additional attorney appearances (MR, ilcd)
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Blank -- Filed: 7/26/1999, Entered: 7/27/1999 Order
ENDORSED ORDER on its face by Mag. Judge Byron G. Cudmore granting motion for leave to file additional attorney appearances [13-1] (cc: all counsel). (MR, ilcd)
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Blank 12 Filed: 6/9/1999, Entered: 6/10/1999 Scheduling OrderCourt Filing
SCHEDULING ORDER by Mag. Judge Byron G. Cudmore. See minute entry of 6/9/99 for scheduling time limits ordered (cc: all counsel) (MR, ilcd)
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Blank -- Filed: 6/9/1999, Entered: 6/10/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Byron G. Cudmore. Attys Eugene Pavalon and Richard Nelson present by telephone for Rule 16 conference; Same held at 2:00 pm on 6/8/99; Scheduling time limits ordered: No motions to be filed to join other parties or to amend pleadings after 1/20/2000; 2/15/2000 for plaintiffs to identify experts and provide Rule 26 expert reports; 5/15/2000 for defendant to identify experts and provide Rule 26 expert reports; 12/31/99 to complete fact discovery and 8/15/2000 to complete all discovery; 8/17/2000 at 2:00 pm for telephonic status conference before US Magistrate Judge Cudmore; 9/30/2000 to file dispositive motions; 12/18/2000 at 11:00 am for Final Pretrial Conference; 1/3/2001 at 10:00 am for Jury Trial. See written order (cc: all counsel) (MR, ilcd)
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Blank 10 Filed: 5/6/1999, Entered: 5/6/1999 Response
RESPONSE by plaintiff to IL Power Co Affirmative Defenses [6-1] (BR, ilcd)
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Blank -- Filed: 5/6/1999, Entered: 5/6/1999 Order
ENDORSED ORDER on its face by Mag. Judge Byron G. Cudmore granting motion to dismiss certain defendants [11-1] party Illinova Corporation, party Illinova Generating (cc: all counsel). (BR, ilcd)
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Blank 11 Filed: 5/5/1999, Entered: 5/6/1999 Motion to Dismiss
MOTION by plaintiffs to dismiss certain defendants (BR, ilcd)
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Blank 9 Filed: 5/5/1999, Entered: 5/6/1999 Motion for Leave to File
MOTION by plaintiff for leave to file reply to affirmative defenses instanter (BR, ilcd)
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Blank -- Filed: 5/5/1999, Entered: 5/6/1999 Minutes-Miscellaneous
MINUTE-ENTRY: by Mag. Judge Byron G. Cudmore ; Initial pretrial Rule 16 telephone status/scheduling hearing is set for 2:00 p.m. on 6/8/99. Attorneys are directed to comply with Federal Rule of Civil Procedure 26(f) by meeting as soon as practicable, and in any event at least 14 days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court prior to the hearing. Such a plan must include, at a minimum, those itmes listed in CDIL LR 26.2(3), Rule 26(f) and CDIL LR 16.2(E) with proposed deadlines. If a discovery plan is not submitted as required, the discovery conference will not be held and costs may be assessed. (cc: all counsel) (MC, ilcd)
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Blank -- Filed: 5/5/1999, Entered: 5/6/1999 Order
ENDORSED ORDER on its face by Mag. Judge Byron G. Cudmore granting motion for leave to file reply to affirmative defenses instanter [9-1]. Clerk to file reply instanter. (cc: all counsel). (BR, ilcd)
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Blank 8 Filed: 3/30/1999, Entered: 3/30/1999 ~Notice (other)
NOTICE OF FILING by defendant Illinois Power Co Atty Appearance of Richard Nelson, Answer and Affirmative Defenses and Certificate of Interest (RA, ilcd)
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Blank 7 Filed: 3/30/1999, Entered: 3/30/1999 Certificate of Interest
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 filed by defendant Illinois Power Co (RA, ilcd)
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Blank 6 Filed: 3/30/1999, Entered: 3/30/1999 Affirmative Defenses
AFFIRMATIVE DEFENSES filed by defendant Illinois Power Co (RA, ilcd)
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Blank 6 Filed: 3/30/1999, Entered: 3/30/1999 Answer
ANSWER by defendant Illinois Power Co (RA, ilcd)
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Blank 5 Filed: 3/30/1999, Entered: 3/30/1999 Notice of Appearance
ATTORNEY APPEARANCE by Richard F Nelson for defendant Illinois Power Co (MR, ilcd)
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Blank 4 Filed: 3/4/1999, Entered: 3/5/1999 Summons Issued
SUMMONS issued as to all defendants and returned to plaintiff's attorney (RA, ilcd)
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Blank 3 Filed: 12/8/1998, Entered: 12/14/1998 Notice of Appearance
ATTORNEY APPEARANCE for plaintiff of Christine Walsh Donnelly and Eugene Pavalon (CT, ilcd)
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Blank 2 Filed: 12/8/1998, Entered: 12/14/1998 Filing Fee Received
FILING FEE PAID on 12/8/98 in the amount of $ 150.00 receipt # 034164. (CT, ilcd)
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Blank 1 Filed: 12/8/1998, Entered: 12/14/1998 ComplaintCourt Filing
COMPLAINT (summons(es) issued) case referred to Mag. Judge Byron G. Cudmore (CT, ilcd)
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