Ulmer v. Aviila

Federal Civil Lawsuit Illinois Northern District Court, Case No. 1:15-cv-03659
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Last Updated January 15, 2019 at 5:30 AM EST (6.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Nakita Ulmer, Plaintiff

Represented by Burgess & Lamb, PC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gregory T. Mitchell +1 708 799 9325 mitchlaw00@comcast.net
v.
No Logo Bradley McKeon, Defendant

Represented by City of Joliet

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin J Shanahan, Jr. +1 815 724 3800 mshanahan@jolietcity.org

Represented by City of Joliet Legal Department

Name Phone Fax E-Mail
TERMINATED: 12/29/2015 Mary Josephine Kucharz +1 815 724 3800 mkucharz@jolietcity.org
TERMINATED: 12/29/2015 Gregory Smith +1 815 724 3800 gsmith@jolietcity.org

Represented by Lowis & Gellen

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin W. McManaman +1 312 364 2500 martym@lowis-gellen.com

Represented by Lowis and Gellen LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christopher John Riley +1 312 456 7959 criley@lowis-gellen.com

Represented by Montana & Welch, LLC

Name Phone Fax E-Mail
TERMINATED: 12/29/2015, LEAD ATTORNEY John Patrick Wise +1 708 448 7005 +1 708 448 7007 jwise@montanawelch.com

Represented by Rock Fusco Connelly, Llc

Name Phone Fax E-Mail
TERMINATED: 09/12/2016, LEAD ATTORNEY Patrick R Moran +1 312 494 1000 +1 312 494 1001 pmoran@rfclaw.com
No Logo City of Joliet, Defendant

Represented by City of Joliet

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin J Shanahan, Jr. +1 815 724 3800 mshanahan@jolietcity.org

Represented by City of Joliet Legal Department

Name Phone Fax E-Mail
TERMINATED: 12/29/2015 Mary Josephine Kucharz +1 815 724 3800 mkucharz@jolietcity.org
TERMINATED: 12/29/2015 Gregory Smith +1 815 724 3800 gsmith@jolietcity.org

Represented by Lowis & Gellen

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin W. McManaman +1 312 364 2500 martym@lowis-gellen.com

Represented by Lowis and Gellen LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christopher John Riley +1 312 456 7959 criley@lowis-gellen.com

Represented by Montana & Welch, LLC

Name Phone Fax E-Mail
TERMINATED: 12/29/2015, LEAD ATTORNEY John Patrick Wise +1 708 448 7005 +1 708 448 7007 jwise@montanawelch.com

Represented by Rock Fusco Connelly, Llc

Name Phone Fax E-Mail
TERMINATED: 09/12/2016, LEAD ATTORNEY Patrick R Moran +1 312 494 1000 +1 312 494 1001 pmoran@rfclaw.com
No Logo Joliet Police Department, Defendant

Represented by City of Joliet

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin J Shanahan, Jr. +1 815 724 3800 mshanahan@jolietcity.org
No Logo Moises Aviila , Defendant

Represented by City of Joliet Legal Department

Name Phone Fax E-Mail
TERMINATED: 12/29/2015 Mary Josephine Kucharz +1 815 724 3800 mkucharz@jolietcity.org
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin J Shanahan, Jr. +1 815 724 3800 mshanahan@jolietcity.org
TERMINATED: 12/29/2015 Gregory Smith +1 815 724 3800 gsmith@jolietcity.org

Represented by Lowis & Gellen

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin W. McManaman +1 312 364 2500 martym@lowis-gellen.com

Represented by Lowis and Gellen LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Christopher John Riley +1 312 456 7959 criley@lowis-gellen.com

Represented by Montana & Welch, LLC

Name Phone Fax E-Mail
TERMINATED: 12/29/2015, LEAD ATTORNEY John Patrick Wise +1 708 448 7005 +1 708 448 7007 jwise@montanawelch.com

Represented by Rock Fusco Connelly, Llc

Name Phone Fax E-Mail
TERMINATED: 09/12/2016, LEAD ATTORNEY Patrick R Moran +1 312 494 1000 +1 312 494 1001 pmoran@rfclaw.com
Attributes
Citation Section 28 U.S.C. § 1331
Nature of Suit 440 - Civil Rights: Other
Timeline
  Entries (50) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 50 Filed: 9/12/2016, Entered: 9/12/2016 Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Motion by Attorney Patrick R. Moran to withdraw as attorney for Moises Aviila, City of Joliet and Bradley McKeon 48 is granted. Motion hearing date of 9/20/2016 is stricken. Mailed notice (gel, )
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Legal Document (Payment Possibly Required) 49 Filed: 9/9/2016, Entered: None Unknown Document Type
NOTICE of Motion by Patrick R Moran for presentment of motion to withdraw as attorney 48 before Honorable John Robert Blakey on 9/20/2016 at 09:45 AM. (Moran, Patrick) (Entered: 09/09/2016)
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Legal Document (Payment Possibly Required) 48 Filed: 9/9/2016, Entered: 9/9/2016 Unknown Document Type
MOTION by Attorney Patrick R. Moran to withdraw as attorney for Moises Aviila, City of Joliet, Bradley McKeon. No party information provided (Moran, Patrick)
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Legal Document (Payment Possibly Required) 47 Filed: 8/11/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Based on the stipulation to dismiss filed on 8/10/2016 46 , this case is hereby dismissed with prejudice. All pending dates and deadlines are stricken. Civil case terminated. Mailed notice (gel, ) (Entered: 08/11/2016)
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Legal Document (Payment Possibly Required) 46 Filed: 8/10/2016, Entered: None Unknown Document Type
STIPULATION of Dismissal with prejudice (Attachments: # 1 Notice of Filing)(Mitchell, Gregory) (Entered: 08/10/2016)
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Legal Document (Payment Possibly Required) 45 Filed: 7/14/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 7/14/2016 and continued to 8/11/2016 at 9:45 a.m in Courtroom 1725. Status will be stricken if Parties file dismissal documents prior to the next hearing. Mailed notice (gel, ) (Entered: 07/14/2016)
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Legal Document (Payment Possibly Required) 44 Filed: 7/11/2016, Entered: None Unknown Document Type
MEMORANDUM Opinion and Order Signed by the Honorable John Robert Blakey on 7/11/2016. Mailed notice(gel, ) (Entered: 07/11/2016)
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Legal Document (Payment Possibly Required) 43 Filed: 7/11/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Enter Memorandum Opinion and Order. As set out in the accompanying Memorandum Opinion and Order, Defendants' motion to dismiss 33 is granted. The First Amended Complaint is dismissed without prejudice. The Court will grant Plaintiff a final opportunity to re-plead his case, but with the following instructions: (1) Plaintiff may only re-plead if he can do so in compliance with his Rule 11 obligations; (2) Plaintiff may not base his Second Amended Complaint on any of the factual theories addressed by the Court in its Opinion; and (3) Plaintiff must make explicitly clear which specific factual allegations underlie each cause of action. This matter remains set for a status hearing on 7/14/16 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel, ) (Entered: 07/11/2016)
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Legal Document (Payment Possibly Required) 42 Filed: 6/22/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 6/22/2016 and continued to 7/14/2016 at 9:45 a.m in Courtroom 1725. Defendant's motion to dismiss 33 remains under advisement. Mailed notice (gel, ) (Entered: 06/22/2016)
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Legal Document (Payment Possibly Required) 41 Filed: 5/11/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the motion hearing set for 5/26/16 is stricken and reset for 6/22/16 at 9:45 a.m. in Courtroom 1725. The status hearing set for 5/24/16 is stricken, the parties need not appear at that time. The fact discovery cut-off previously set for 5/24/16 to stand. Mailed notice (gel, ) (Entered: 05/11/2016)
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Legal Document (Payment Possibly Required) 40 Filed: 4/14/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 4/14/2016 and continued to 5/26/2016 at 10:00 a.m. in Courtroom 1725. Plaintiff's motion to compel 38 is denied as moot. Mailed notice (gel, ) (Entered: 04/14/2016)
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Legal Document (Payment Possibly Required) 39 Filed: 4/6/2016, Entered: None Unknown Document Type
NOTICE of Motion by Gregory T. Mitchell for presentment of motion to compel 38 before Honorable John Robert Blakey on 4/14/2016 at 09:45 AM. (Mitchell, Gregory) (Entered: 04/06/2016)
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Legal Document (Payment Possibly Required) 38 Filed: 4/6/2016, Entered: 4/6/2016 Unknown Document Type
MOTION by Plaintiff Nakita Ulmer to compel Answers to Written Discovery (Mitchell, Gregory)
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Legal Document (Payment Possibly Required) 37 Filed: 3/23/2016, Entered: None Unknown Document Type
REPLY by Defendants Moises Aviila, City of Joliet, Bradley McKeon to motion to dismiss 33 in Support of their (Attachments: # 1 Notice of Filing)(McManaman, Martin) (Entered: 03/23/2016)
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Legal Document (Payment Possibly Required) 36 Filed: 3/16/2016, Entered: None Unknown Document Type
RESPONSE by Nakita Ulmerin Opposition to MOTION by Defendants City of Joliet, Bradley McKeon, Moises Aviila to dismiss 33 (Attachments: # 1 Notice of Filing)(Mitchell, Gregory) (Entered: 03/16/2016)
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Legal Document (Payment Possibly Required) 35 Filed: 2/25/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Defendant's motion to dismiss 33 is briefed as follows: response shall be filed on or before 3/16/2016; reply shall be filed on or before 3/23/2016. Motion hearing date of 3/8/2016 is stricken. Mailed notice (gel, ) (Entered: 02/25/2016)
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Legal Document (Payment Possibly Required) 34 Filed: 2/24/2016, Entered: None Unknown Document Type
NOTICE of Motion by Martin W. McManaman for presentment of motion to dismiss 33 before Honorable John Robert Blakey on 3/8/2016 at 09:45 AM. (McManaman, Martin) (Entered: 02/24/2016)
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Legal Document (Payment Possibly Required) 33 Filed: 2/24/2016, Entered: 2/24/2016 Unknown Document Type
MOTION by Defendants City of Joliet, Bradley McKeon, Moises Aviila to dismiss (McManaman, Martin)
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Legal Document (Payment Possibly Required) 32 Filed: 2/10/2016, Entered: 2/10/2016 Unknown Document Type
First AMENDED complaint by Nakita Ulmer against All Defendants (Attachments: # 1 Notice of Filing)(Mitchell, Gregory)
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Legal Document (Payment Possibly Required) 31 Filed: 1/28/2016, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Status hearing held. In light of Plaintiff's request for leave to amend 24 , Defendants' motion for judgment on the pleadings 19 is denied without prejudice. Plaintiff's motion for leave to amend the complaint 24 is granted. Plaintiff shall file an amended complaint on or before 2/11/16. In that complaint, Plaintiff should take care to articulate: (1) which specific conduct underlies each cause of action, and (2) the date on which each cause of action accrued. Written discovery shall be completed on or before 3/15/16, and all fact discovery shall be completed on or before 5/24/16. This matter is set for a status hearing on 5/24/16 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel, ) (Entered: 01/28/2016)
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Legal Document (Payment Possibly Required) 30 Filed: 1/5/2016, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendants Moises Aviila, City of Joliet, Bradley McKeon by Christopher John Riley (Riley, Christopher) (Entered: 01/05/2016)
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Legal Document (Payment Possibly Required) 29 Filed: 1/5/2016, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendants Moises Aviila, City of Joliet, Bradley McKeon by Martin W. McManaman (McManaman, Martin) (Entered: 01/05/2016)
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Legal Document (Payment Possibly Required) 28 Filed: 1/5/2016, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendants Moises Aviila, City of Joliet, Bradley McKeon by Patrick R Moran (Moran, Patrick) (Entered: 01/05/2016)
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Legal Document (Payment Possibly Required) 27 Filed: 12/29/2015, Entered: 12/29/2015 Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 12/29/2015. Defendant's Motion to withdraw appearances of John P. Wise, Mary J. Kucharz and Gregory Smith 25 is granted. Martin J. Shanahan is required to appear at the next court status date unless new counsel files an appearance prior to the hearing. Attorney Gregory Smith is ordered to provide a copy of this Court's order to Attorney Martin J. Shanahan. Status hearing set for 1/28/2016 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel, )
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Legal Document (Payment Possibly Required) 26 Filed: 12/18/2015, Entered: None Unknown Document Type
NOTICE of Motion by John Patrick Wise for presentment of motion to withdraw as attorney, 25 before Honorable John Robert Blakey on 12/29/2015 at 09:45 AM. (Wise, John) (Entered: 12/18/2015)
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Legal Document (Payment Possibly Required) 25 Filed: 12/18/2015, Entered: 12/18/2015 Unknown Document Type
MOTION by Attorney John P. Wise, Mary J. Kucharz, Gregory Smith to withdraw as attorney for Moises Aviila, City of Joliet, Bradley McKeon. New address information: City of Joliet, Moises Avila, Bradley McKeon, 150 W. Washington Street, Joliet, Illinois 60432 (Attachments: # 1 Exhibit 1)(Wise, John)
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Legal Document (Payment Possibly Required) 24 Filed: 11/23/2015, Entered: None Unknown Document Type
RESPONSE by Plaintiff Nakita Ulmer to notice of filing 19 (Attachments: # 1 Notice of Filing)(Mitchell, Gregory) (Entered: 11/23/2015)
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Legal Document (Payment Possibly Required) 23 Filed: 11/17/2015, Entered: 11/17/2015 Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Plaintiff's agreed motion requesting additional time 21 is granted. Plaintiff shall file his response to defendants' motion for judgment on the pleadings by 11/23/15. The 11/24/15 Notice of Motion date is stricken; the parties need not appear. Mailed notice (gel, )
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Legal Document (Payment Possibly Required) 22 Filed: 11/16/2015, Entered: None Unknown Document Type
NOTICE of Motion by Gregory T. Mitchell for presentment of motion for extension of time to file response/reply, motion for relief 21 before Honorable John Robert Blakey on 11/24/2015 at 09:45 AM. (Mitchell, Gregory) (Entered: 11/16/2015)
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Legal Document (Payment Possibly Required) 21 Filed: 11/16/2015, Entered: 11/16/2015 Unknown Document Type
MOTION by Plaintiff Nakita Ulmer for extension of time to file response/reply as to text entry, 20 (Mitchell, Gregory)
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Legal Document (Payment Possibly Required) 20 Filed: 11/10/2015, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: In light of Defendants' recently filed motion for judgment on the pleadings 19 , the Plaintiff is instructed to file a brief responding to that motion on or before 11/16/15. Mailed notice (gel, ) (Entered: 11/10/2015)
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Legal Document (Payment Possibly Required) 19 Filed: 11/6/2015, Entered: None Unknown Document Type
NOTICE by Moises Aviila, City of Joliet, Bradley McKeon of Filing Defendants' Supplemental Brief Pursuant to Court Order of October 29, 2015 (Wise, John) (Entered: 11/06/2015)
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Legal Document (Payment Possibly Required) 18 Filed: 10/29/2015, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: In light of the Court's review of the pleadings, and Defendants' affirmative defense that "Plaintiffs §1983 claims were thus barred as of October 15, 2011 and must be dismissed with prejudice," the Court requests additional briefing from Defendant clarifying his position regarding the statute of limitations. On or before 11/6/15, Defendants are directed to file a supplemental brief clarifying whether it is moving for judgment on the pleadings based on the statute of limitations. Mailed notice (gel, ) (Entered: 10/29/2015)
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Legal Document (Payment Possibly Required) 17 Filed: 10/1/2015, Entered: None Unknown Document Type
ANSWER to Complaint and Affirmative Defenses by Moises Aviila, City of Joliet, Bradley McKeon(Wise, John) (Entered: 10/01/2015)
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Legal Document (Payment Possibly Required) 16 Filed: 10/1/2015, Entered: 10/1/2015 Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 10/1/2015. Plaintiff's motion for entry of default 12 is denied. Defendant's motion to file instanter answer and affirmative defenses to complaint 14 is granted. Answer shall be filed as a separate docket entry. Status hearing date of 11/9/2015 is stricken. Fact discovery shall be completed on or before 6/1/2016. Status hearing set for 5/31/2016 at 9:45 a.m. in Courtroom 1725. Mailed notice (gel, )
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Legal Document (Payment Possibly Required) 15 Filed: 9/29/2015, Entered: None Unknown Document Type
NOTICE of Motion by John Patrick Wise for presentment of motion to file instanter 14 before Honorable John Robert Blakey on 10/1/2015 at 09:45 AM. (Wise, John) (Entered: 09/29/2015)
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Legal Document (Payment Possibly Required) 14 Filed: 9/29/2015, Entered: 9/29/2015 Unknown Document Type
MOTION by Defendants Moises Aviila, City of Joliet, Bradley McKeon to file instanter Answer and Affirmative Defenses to Complaint (Attachments: # 1 Exhibit 1)(Wise, John)
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Legal Document (Payment Possibly Required) 13 Filed: 9/21/2015, Entered: None Unknown Document Type
NOTICE of Motion by Gregory T. Mitchell for presentment of motion for entry of default 12 before Honorable John Robert Blakey on 10/1/2015 at 09:45 AM. (Mitchell, Gregory) (Entered: 09/21/2015)
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Legal Document (Payment Possibly Required) 12 Filed: 9/21/2015, Entered: 9/21/2015 Unknown Document Type
MOTION by Plaintiff Nakita Ulmer for entry of default (Mitchell, Gregory)
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Legal Document (Payment Possibly Required) 11 Filed: 7/25/2015, Entered: None Unknown Document Type
Rule 26(a)(1) Disclosures by Nakita Ulmer (Attachments: # 1 Notice of Filing)(Mitchell, Gregory) (Entered: 07/25/2015)
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Legal Document (Payment Possibly Required) 10 Filed: 6/30/2015, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 6/30/2015 and continued to 11/9/2015 at 9:45 a.m. in Courtroom 1725. Rule 26(a)(1) disclosures shall be completed on or before 8/1/2015. Parties should be prepared to set additional case management dates, including fact discovery deadline, at the next status hearing. Mailed notice (gel, ) (Entered: 06/30/2015)
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Legal Document (Payment Possibly Required) 9 Filed: 6/30/2015, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendants Moises Aviila, City of Joliet, Bradley McKeon by Mary Josephine Kucharz (Kucharz, Mary) (Entered: 06/30/2015)
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Legal Document (Payment Possibly Required) 8 Filed: 6/30/2015, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendants Moises Aviila, City of Joliet, Bradley McKeon by Gregory Smith (Smith, Gregory) (Entered: 06/30/2015)
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Legal Document (Payment Possibly Required) 7 Filed: 6/30/2015, Entered: None Unknown Document Type
ATTORNEY Appearance for Defendants Moises Aviila, City of Joliet, Bradley McKeon by John Patrick Wise (Wise, John) (Entered: 06/30/2015)
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Legal Document (Payment Possibly Required) 6 Filed: 6/26/2015, Entered: None Unknown Document Type
STATUS Report by Nakita Ulmer (Attachments: # 1 Notice of Filing)(Mitchell, Gregory) (Entered: 06/26/2015)
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Legal Document (Payment Possibly Required) 5 Filed: 6/10/2015, Entered: None Unknown Document Type
WAIVER OF SERVICE returned executed by Nakita Ulmer. All Defendants. (Mitchell, Gregory) (Entered: 06/10/2015)
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Legal Document (Payment Possibly Required) 4 Filed: 5/8/2015, Entered: None Unknown Document Type
SUMMONS Issued as to Defendants Moises Aviila, City of Joliet, Bradley McKeon (mmy, ) (Entered: 05/08/2015)
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Legal Document (Payment Possibly Required) 3 Filed: 4/28/2015, Entered: None Unknown Document Type
MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. The case is set for an initial status conference 6/30/15 at 9:45 a.m. in Courtroom 1725. The parties are advised to review and strictly comply with the Court's standing order concerning initial status conferences and the filing of the initial status report (which, in this case, will be due no later than 6/24/15). The standing order and the template for the initial status report are available on the Court's homepage at www.ilnd.uscourts.gov. Mailed notice (gel, ) (Entered: 04/28/2015)
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Legal Document (Payment Possibly Required) 2 Filed: 4/27/2015, Entered: None Unknown Document Type
CIVIL Cover Sheet (Mitchell, Gregory) (Entered: 04/27/2015)
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Legal Document (Payment Possibly Required) 1 Filed: 4/27/2015, Entered: 4/27/2015 Unknown Document Type
COMPLAINT filed by Nakita Ulmer; Jury Demand. Filing fee $ 400, receipt number 0752-10579185. (Attachments: # 1 Civil Cover Sheet)(Mitchell, Gregory)
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