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 28 |
Filed: 11/27/2018, Entered: 11/27/2018 |
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CERTIFIED COPY OF USCA JUDGMENT dated 11/5/2018 regarding notice of appeal 22 ; USCA No. 18-1850 ; The judgment of the District Court is AFFIRMED, with costs, in accordance with the decision of this court entered on this date. (kp, )
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| 27 |
Filed: 11/27/2018, Entered: 11/27/2018 |
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MANDATE of USCA dated 11/27/2018 regarding notice of appeal 22 ;USCA No.18-1850 ; No record to be returned. (kp, )
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| 26 |
Filed: 8/16/2018, Entered: 8/16/2018 |
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ORDER dated 8/16/2018 from the 7th Circuit regarding notice of appeal 22 ; Appellate case no. : 18-1850: IT IS ORDERED that appellees file a paper captioned "Amended Jurisdictional Statement" on or before August 27, 2018, that provides the omitted information noted above and otherwise complies with all the requirements of Circuit Rule 28(b), and if appellant's brief is not complete and correct, Circuit Court Rule 28(a) also. IT IS FURTHER ORDERED, that the Clerk DISTRIBUTE, along with the briefs in this appeal, copies of this order and appellees' "Amended Jurisdictional Statement" to the assigned merits panel. (sxb, )
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| 25 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 22 ; USCA Case No. 18-1850 (las, )
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| 24 |
Filed: 4/19/2018, Entered: 4/19/2018 |
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TRANSMITTED to the 7th Circuit the short record on notice of appeal 22 . Notified counsel (smm)
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| 23 |
Filed: 4/19/2018, Entered: 4/19/2018 |
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NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 22 . (smm)
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| 22 |
Filed: 4/18/2018, Entered: 4/19/2018 |
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NOTICE of appeal by C8B003F regarding orders 21 , 20 Filing fee $ 505.00, Receipt number: 4624201843. (smm)
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| 21 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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ENTERED JUDGMENT on 3/20/2018. Civil case terminated. Mailed notice. (pjg, )
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| 20 |
Filed: 3/20/2018, Entered: 3/20/2018 |
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ORDER signed by the Honorable Matthew F. Kennelly on 3/20/2018: C8B003F has sued the Town of Cicero and two of its officials, alleging that they deprived him of liberty and property without due process of law when they shut down his business for lack of a business license and nonpayment of fines imposed by Cicero for operating without a license. The Court noted that Mr. C8B003F had previously filed a lawsuit in state court challenging these same actions on state constitutional grounds. The state court entered judgment dismissing that case with prejudice. In the present case, the Court ordered Mr. C8B003F to show cause why his lawsuit should not be dismissed on the ground that it is barred by the doctrine of res judicata, or claim preclusion. Mr. C8B003F response to the Court's order is largely off-point, but with regard to the prior state court judgment, he appears to allege that he did not get a fair hearing from the judge who ultimately dismissed the case. Although that might have been a basis to appeal from the state court's decision, it does not permit Mr. C8B003F to file a separate lawsuit based on the same underlying cause of action. As the Court previously noted, under Illinois law, which by virtue of 28 U.S.C. ยง 1738 governs the preclusive effect of an Illinois judgment in federal court, the state court judgment precludes Mr. C8B003F from reasserting essentially the same claim against the same or essentially the same parties in a separate lawsuit, which is what he is attempting to do. See, e.g., Chicago Title Land Trust Co. v. Potash Corp. of Saskatchewan Sales, 664 F.3d 1075,1079 (7th Cir. 2011). These conditions are satisfied here, and thus the doctrine of claim preclusion "bar[s] not only every matter that was actually determined in the first suit but also every matter that might have been raised and determined in that suit." Id. at 1080. This includes the federal constitutional claim or claims that Mr. C8B003F has brought in the present lawsuit. The Court therefore directs the Clerk to enter judgment dismissing this case with prejudice. Mailed notice. (pjg, )
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| 19 |
Filed: 1/25/2018, Entered: 1/25/2018 |
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CORRECTION to pleading filed December 27, 2017 by C8B003F : Notice. (yap, )
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| 18 |
Filed: 1/17/2018, Entered: 1/17/2018 |
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RESPONSE by Defendant Town of Cicero, Illinois, The to reply 17 and Defendants Jarosz and Bertuca (Attachments: # 1 Notice of Filing Certificate of Service)(Grandfield, Cynthia)
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| 17 |
Filed: 1/2/2018, Entered: 1/3/2018 |
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ADDITIONAL REPLY by Plaintiff Rehab Specialists I to Defendants' response in opposition to Plaintiff's "motion to suspend closure of business"; Notice. (kp, )
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| 16 |
Filed: 12/6/2017, Entered: 12/6/2017 |
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 12/6/2017: For the reasons stated, the Court denies C8B003F motion to suspend the closure of his business [dkt. nos. 5 & 7] and also orders him to show cause why his lawsuit should not be dismissed on the ground that it is barred by the doctrine of claim preclusion. C8B003F is directed to file a written response addressing this point by no later than December 27, 2017, and defendants are directed to file a reply by no later than January 17, 2018. The status hearing set for December 11, 2017 is vacated. Mailed notice. (pjg, )
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| 15 |
Filed: 12/1/2017, Entered: 12/4/2017 |
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REPLY by Plaintiff C8B003F to defendants' response in opposition to plaintiff's "motion to suspend closure of business". (;Notice) (ags, )
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| 14 |
Filed: 11/13/2017, Entered: 11/13/2017 |
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MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 11/13/2017. Plaintiff's reply in support of motion to suspend closure of business 7 is due by 12/1/2017. Status hearing set for 12/11/2017 at 9:30 a.m. Mailed notice. (pjg, )
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| 13 |
Filed: 11/8/2017, Entered: 11/8/2017 |
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RESPONSE by Tony Bertuca, Jerry J. Jarosz, Town of Cicero, Illinois, Thein Opposition to MOTION by Plaintiff C8B003F 7 DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION TO SUSPEND CLOSURE OF BUSINESS, (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Notice of Filing)(Grandfield, Cynthia)
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| 12 |
Filed: 11/2/2017, Entered: 11/2/2017 |
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MINUTE entry before the Honorable Matthew F. Kennelly: Status hearing and motion hearing held on 11/2/2017. The Village is directed to preserve any recordings of any hearings related to this lawsuit. Writen response to motion for restraining order 5 , 6 due by 11/8/2017. Status hearing is continued to 11/13/2017 at 9:30 a.m. Mailed notice. (pjg, )
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| 11 |
Filed: 11/1/2017, Entered: 11/1/2017 |
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ATTORNEY Appearance for Defendants Tony Bertuca, Jerry J. Jarosz, Town of Cicero, Illinois, The by Timothy Andrew Martin Woerner (Woerner, Timothy)
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| 10 |
Filed: 11/1/2017, Entered: 11/1/2017 |
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ATTORNEY Appearance for Defendants Tony Bertuca, Jerry J. Jarosz, Town of Cicero, Illinois, The by Cynthia Sara Grandfield (Grandfield, Cynthia)
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| 9 |
Filed: 11/1/2017, Entered: 11/1/2017 |
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ATTORNEY Appearance for Defendants Tony Bertuca, Jerry J. Jarosz, Town of Cicero, Illinois, The by K. Austin Zimmer (Zimmer, K.)
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| 8 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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NOTICE of Motion by C8B003F for presentment of 7 before Honorable Matthew F. Kennelly on 11/2/2017 at 09:30 AM. (ags, )
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| 7 |
Filed: 10/27/2017, Entered: 10/27/2017 |
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ex parte MOTION by Plaintiff C8B003F to suspend closure of business. (ags, )
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Request |
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| 6 |
Filed: 10/26/2017, Entered: 10/27/2017 |
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MINUTE entry before the Honorable Matthew F. Kennelly: Motion hearing held on 10/26/2017. Motion to suspend closure of business 5 is continued to a status hearing set for 11/2/2017 at 9:30 a.m. Mailed notice. (pjg, )
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| 5 |
Filed: 10/19/2017, Entered: 10/20/2017 |
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ex parte MOTION by Plaintiff C8B003F to suspend closure of business (Attachments: # 1 Notice of Filing) (ags, )
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| 3 |
Filed: 10/16/2017, Entered: 10/17/2017 |
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PRO SE Appearance by Plaintiff C8B003F (pk, )
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| 2 |
Filed: 10/16/2017, Entered: 10/17/2017 |
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CIVIL Cover Sheet (pk, )
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| 1 |
Filed: 10/16/2017, Entered: 10/17/2017 |
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COMPLAINT filed by C8B003F; Jury Demand. (pk, )
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