Illinois Central District Court
Judge:Sue E Myerscough
Referred: Karen L Mcnaught
Case #: 3:21-cv-03061
Nature of Suit751 Labor - Family and Medical Leave Act
Cause29:2601 Family and Medical Leave Act
Case Filed:Mar 04, 2021
Terminated:Feb 23, 2024
Last checked: Tuesday Aug 31, 2021 3:57 AM CDT
Defendant
KM Plant Services, Inc.
Represented By
Jennifer H Kay
Ogletree Deakins Nash Smoak & Stewart PC
contact info
Tobias Edward Schlueter
Ogletree Deakins Nash Smoak & Stewart PC
contact info
Plaintiff
Terry Hamrick
Represented By
John A Baker
Baker Baker & Krajewski LLC
contact info


Docket last updated: 07/07/2025 11:59 PM CDT
Friday, February 23, 2024
29 29 notice Notice of Appearance of Attorney Fri 02/23 4:04 PM
NOTICE of Appearance of Attorney by Hilarie Carhill on behalf of KM Plant Services, Inc. (Carhill, Hilarie)
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28 28 misc Stipulation of Dismissal Fri 02/23 4:02 PM
STIPULATION of Dismissal by Terry Hamrick. (Baker, John)
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order Order ~Util - Terminate Civil Case Fri 02/23 4:47 PM
TEXT ORDER entered by Magistrate Judge Karen L. McNaught on 2/23/2024. The parties have dismissed this case with prejudice pursuant to Rule 41(a)(1)(A)(ii). The case is closed. The status conference set for February 26, 2024, is cancelled.(VH)
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Friday, January 12, 2024
order Order on Motion to Vacate ~Util - Set/Reset Hearings 1 - Terminate Deadlines and Hearings Fri 01/12 11:42 AM
TEXT ORDER entered by Magistrate Judge Karen L. McNaught on 1/12/2024. The joint motion to vacate the trial and final pretrial settings27 is ALLOWED. The dates for the February 15, 2024, pretrial conference, and February 26, 2024, trial are vacated. This matter is set for a telephone status conference at 9:30 a.m. on February 26, 2024. The Court will place the call. If a stipulation to dismiss pursuant to Rule 41(a)(1)(A) is filed prior to that date, the status conference will be cancelled.(VH)
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Thursday, January 11, 2024
27 27 motion Vacate Thu 01/11 12:26 PM
Joint MOTION to Vacate Final Pre-trial and Trial settings by Plaintiff Terry Hamrick. Responses due by 1/25/2024 (Baker, John)
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Monday, December 18, 2023
26 26 18 pgs order Order on Motion for Summary Judgment Order on Motion for Partial Summary Judgment ~Util - Set/Reset Hearings Tue 12/19 9:06 AM
OPINION AND ORDER entered by Judge Sue E Myerscough on 12/18/2023: Defendant's Motion for Summary Judgment (d/e15 ) and Plaintiff's Motion for Partial Summary Judgment (d/e17 ) are DENIED. A final pretrial conference is hereby SET for February 15, 2024, at 1:30 p.m. in Courtroom II in Springfield before U.S. District Judge Sue E. Myerscough. Jury trial is hereby SET for February 26, 2024, at 9:00 a.m. in Courtroom II in Springfield before Judge Myerscough. The parties are advised to review the Court's Standing Order on Final Pretrial Conferences, Exhibits, and Jury Instructions well before these settings. (SEE WRITTEN OPINION AND ORDER.) (GL)
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Thursday, March 30, 2023
order Order Reassigning Case Thu 03/30 11:35 AM
TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 3/30/2023. This case and any corresponding hearings are reassigned back to Judge Sue E Myerscough for further proceedings. (LN)
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Friday, March 17, 2023
order Order Reassigning Case to Judge Lawless Fri 03/17 3:56 PM
TEXT ORDER OF REASSIGNMENT: This case and the corresponding hearings are reassigned to Judge Colleen R. Lawless for further proceedings due to her recent appointment as U.S. District Judge for the Central District of Illinois. Entered by Chief Judge Sara Darrow on 3/17/23. (TK)
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Friday, January 06, 2023
order Order on Motion to Strike 1 - Terminate Deadlines and Hearings Fri 01/06 12:29 PM
TEXT ORDER: Before the Court is the parties' Joint Motion to Strike the Trial Date. See d/e25 . For the reasons stated therein, the motion is GRANTED. The final pretrial conference and jury trial settings in this matter are hereby VACATED. They shall be reset after the Court has disposed of the parties' cross-motions for summary judgment. Entered by Judge Sue E. Myerscough on 1/6/2023. (GL)
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Monday, December 12, 2022
25 25 motion Strike Mon 12/12 2:48 PM
Joint MOTION to Strike the Trial Date by Defendant KM Plant Services, Inc.. Responses due by 12/27/2022 (Kay, Jennifer)
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Friday, November 04, 2022
24 24 respm Reply to Response to Motion Fri 11/04 1:21 PM
REPLY to Response to Motion re17 MOTION for Partial Summary Judgment filed by Plaintiff Terry Hamrick. (Baker, John)
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23 23 respm Reply to Response to Motion Fri 11/04 11:48 AM
REPLY to Response to Motion re15 MOTION for Summary Judgment Reply by KM Plant Services, Inc. In Support of Its Motion for Summary Judgment filed by Defendant KM Plant Services, Inc.. (Kay, Jennifer)
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Thursday, October 20, 2022
22 22 motion Extension of Time to File Response/Reply Thu 10/20 8:55 AM
MOTION for Extension of Time to File Response/Reply as to21 Response to Motion,20 Response to Motion Agreed by Plaintiff Terry Hamrick. Responses due by 11/3/2022 (Baker, John)
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order Order on Motion for Extension of Time to File Response/Reply Thu 10/20 1:39 PM
TEXT ORDER by US Magistrate Judge Karen McNaught: Plaintiff's Motion for Extension of Time to File Reply Briefs22 is ALLOWED. Plaintiff has until 11/4/2022 to file a reply.. Entered by Magistrate Judge Karen L. McNaught on 10/20/2022. (ME)
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order Order on Motion for Miscellaneous Relief Thu 10/20 1:41 PM
TEXT ORDER by US Magistrate Judge Karen McNaught: Joint Motion for Clarification of Briefing Schedule19 is DENIED as MOOT. The parties have filed timely responses. Entered by Magistrate Judge Karen L. McNaught on 10/20/2022. (ME)
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Friday, October 14, 2022
21 21 respm Response to Motion/Petition Fri 10/14 2:13 PM
RESPONSE to Motion re17 MOTION for Partial Summary Judgment Defendant's Response to Plaintiff's Motion For Summary Judgment filed by Defendant KM Plant Services, Inc..(Kay, Jennifer)
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Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B,
Att: 3 Exhibit Exhibit C
Wednesday, October 12, 2022
20 20 respm Response to Motion/Petition Wed 10/12 6:38 PM
RESPONSE to Motion re15 MOTION for Summary Judgment filed by Plaintiff Terry Hamrick.(Baker, John)
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Att: 1 Exhibit Production Requests
Monday, September 26, 2022
19 19 motion Miscellaneous Relief Mon 09/26 2:02 PM
Joint MOTION For Clarification of the Briefing Schedule for the Parties' Cross Motions for Summary Judgment by Defendant KM Plant Services, Inc.. Responses due by 10/11/2022 (Kay, Jennifer)
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Wednesday, September 14, 2022
18 18 misc Brief Wed 09/14 6:51 PM
BRIEF re17 MOTION for Partial Summary Judgment by Terry Hamrick.(Baker, John)
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Att: 1 Appendix Appendix Part 1,
Att: 2 Appendix Appendix Part 2,
Att: 3 Appendix Appendix Part 3,
Att: 4 Appendix Appendix Part 4,
Att: 5 Appendix Appendix Part 5,
Att: 6 Affidavit Declaration of Terry Hamrick
17 17 motion Partial Summary Judgment Wed 09/14 6:48 PM
MOTION for Partial Summary Judgment by Plaintiff Terry Hamrick. Responses due by 10/5/2022 (Baker, John)
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16 16 19 pgs respm Memorandum in Support of Motion/Petition Wed 09/14 1:43 PM
MEMORANDUM in Support re15 MOTION for Summary Judgment filed by Defendant KM Plant Services, Inc..(Kay, Jennifer)
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Att: 1 Exhibit Terry Hamrick's Dep with exhibits 1-8,
Att: 2 Exhibit Daniel Carey's Dep with exhibits 3-7,
Att: 3 Daniel Carey's Declaration with exhibit
15 15 motion Summary Judgment Wed 09/14 1:05 PM
MOTION for Summary Judgment by Defendant KM Plant Services, Inc.. Responses due by 10/5/2022 (Kay, Jennifer)
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Tuesday, August 30, 2022
order Order on Motion for Extension of Time to File Tue 08/30 9:16 AM
TEXT ORDER by US Magistrate Judge Karen McNaught: Plaintiff's unopposed motion for extension of time14 to file dispositive motions is ALLOWED. Dispositive motions are due September 14, 2022. Entered by Magistrate Judge Karen L. McNaught on 08/30/2022. (SKN)
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Tuesday, August 23, 2022
14 14 motion Extension of Time to File Document Tue 08/23 10:06 AM
MOTION for Extension of Time to File Dispositive Motions (Unopposed) by Plaintiff Terry Hamrick. Responses due by 9/6/2022 (Baker, John)
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Thursday, June 30, 2022
order Order ~Util - Set/Reset Hearings Thu 06/30 4:24 PM
TEXT ORDER: In light of the dispositive-motion deadlines recently set in this matter, see Minute Entry dated June 17, 2022, the final pretrial conference and jury trial settings are hereby CONTINUED. The final pretrial conference currently set for July 1, 2022, at 2:00 p.m. is CONTINUED to January 6, 2023, at 2:00 p.m. The jury trial currently set for July 19, 2022, at 9:00 a.m. is CONTINUED to January 17, 2023, at 9:00 a.m. If the parties plan to request a continuance, they must file, by no later than noon on January 4, 2022, a written motion stating the grounds for the continuance. Entered by Judge Sue E. Myerscough on 06/30/2022. (SKN)
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Friday, June 17, 2022
minutes Settlement Conference ~Util - Set/Reset Deadlines Wed 06/22 4:59 PM
Minute Entry for proceedings held before Magistrate Judge Karen L. McNaught: Settlement Conference held on 6/17/2022. Plaintiff present with attorney John Baker. Attorney Jennifer Kay present on behalf of Defendant with General Counsel Chad Horner. Settlement Conference conducted among the parties. Conference does not result in settlement. Parties to file Motion for Summary Judgment on or before 8/31/2022. Responses due by 9/30/2022. Replies due 10/14/2022. (MJC)
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Monday, May 23, 2022
order Order on Motion for Miscellaneous Relief Order on Motion for Extension of Time to File 1 - Terminate Deadlines and Hearings Mon 05/23 8:57 AM
TEXT ORDER: Before the Court is the parties' joint motion for referral to the Magistrate Judge for a settlement conference and to extend the dispositive motions deadline. See d/e13 . For the reasons stated therein, the motion is GRANTED. Pursuant to Local Rule 16.1, and as indicated in the Text Order dated April 21, 2022, this matter is referred to United States Magistrate Judge Karen L. McNaught for settlement conference. The Clerk is DIRECTED to notify Judge McNaught's chambers of this referral. The deadline to file dispositive motions in this matter is VACATED. It shall be reset after the settlement conference. Entered by Judge Sue E. Myerscough on 5/23/2022. (ME)
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order Order ~Util - Set/Reset Hearings Mon 05/23 1:07 PM
TEXT ORDER by U.S. Magistrate Judge Karen McNaught: Due to a conflict with the Court's schedule, the Settlement Conference set for 5/23/2022 is CANCELLED and reset on 6/17/2022 at 10:30 AM via video conference before Magistrate Judge Karen L. McNaught. The Clerk's Office is directed to email the parties video instructions for the Conference. Entered on 5/23/2022. (MJC)
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Thursday, April 21, 2022
order Order ~Util - Set/Reset Hearings Thu 04/21 12:18 PM
TEXT ORDER by US Magistrate Judge Karen McNaught: Settlement Conference is set for 5/23/22 at 1:00 p.m. in Courtroom 3 before Magistrate Judge Karen McNaught. Parties to submit directly to chambers a settlement statement (form provided at https://www.ilcd.uscourts.gov/court-info/local-rules-and-orders/judge_orders_rules) stating their position regarding settlement 3 business days prior to the settlement conference. DO NOT FILE THIS STATEMENT WITH THE CLERK'S OFFICE OR EXCHANGE IT WITH OPPOSING PARTIES. Parties have leave of court to email the statement directly to chambers at karen_mcnaught@ilcd.uscourts.gov. The statement is to be identified as CONFIDENTIAL. Entered on 4/21/2021. (ME)
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Monday, April 11, 2022
order Order Reassigning Case to Magistrate Judge McNaught Tue 04/12 11:18 AM
TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on April 11, 2022. Due to Magistrate Judge Tom Schanzle-Haskins's retirement, this case is reassigned to Magistrate Judge Karen L. McNaught for further proceedings.(LN)
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Friday, April 08, 2022
13 13 motion Miscellaneous Relief Extension of Time to File Document Fri 04/08 5:30 PM
Joint MOTION Request for Settlement Conference and to Extend Dispositive Motion Deadline Request for Settlement Conference , Joint MOTION for Extension of Time to File Dispositive Motions by Plaintiff Terry Hamrick. Responses due by 4/22/2022 (Baker, John)
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Wednesday, March 16, 2022
order Order 1 - Terminate Deadlines and Hearings Wed 03/16 4:08 PM
TEXT ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. This case is set for telephone status conference on 4/5/2022 to discuss whether the parties are jointly interested in setting the matter for mediation. Due to the retirement of Magistrate Judge Schanzle-Haskins on 3/23/2022, this telephonic conference is CANCELLED. Parties to file motion to schedule mediation before the U.S. Magistrate Judge if the parties agree that mediation might help resolve the case. (LB)
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Friday, January 07, 2022
12 12 motion Extension of Time to Complete Discovery Fri 01/07 11:15 AM
Joint MOTION for Extension of Time to Complete Discovery by Plaintiff Terry Hamrick. Responses due by 1/21/2022 (Baker, John)
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order Order on Motion for Extension of Time to Complete Discovery ~Util - Set/Reset Scheduling Order Deadlines 1 - Terminate Deadlines and Hearings Fri 01/07 4:48 PM
TEXT ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. Joint Motion to Extend Discovery Deadlines12 ALLOWED. Discovery deadline is extended to 4/1/2022; dispositive motions deadline is extended to 5/6/2022. Telephonic status conference set 1/31/2022 is CANCELLED and reset Tuesday, 4/5/2022, at 11:00 a.m. (Court will place call) before the U.S. Magistrate Judge. Final pretrial conference and jury trial settings remain as previously scheduled. (LB)
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Tuesday, June 22, 2021
misc Notice of Docket Text or Event Modification Tue 06/22 9:49 AM
Notice of Docket Text or Event Modification re5 Notice of Appearance of Attorney,6 Notice of Appearance of Attorney : Documents replaced. Documents efiled by the Attorney were in a fillable Adobe format. (ME)
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Wednesday, June 02, 2021
11 11 order Scheduling Order Thu 06/03 1:52 PM
SCHEDULING ORDER entered by U.S. Magistrate Judge Tom Schanzle-Haskins. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Initial Disclosures due by 6/30/2021; Joinder of Parties due by 7/30/2021; Amended Pleadings due by 7/30/2021; All Discovery due by 1/31/2022; Dispositive Motions due by 3/15/2022. Final Pretrial Conference set 7/1/2022 at 2:00 PM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 7/19/2022 at 9:00 AM before Judge Myerscough. Telephonic Status Conference set Monday, 1/31/2022, at 11:00 AM (court will place call) before Magistrate Judge Schanzle-Haskins. See written order. (LB)
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Att: 1 Mediation Memo,
Att: 2 Courtroom Technology Brochure
10 10 minutes Scheduling Conference - Rule 16 Wed 06/02 4:25 PM
MINUTE ENTRY for proceedings held before U.S. Magistrate Judge Tom Schanzle-Haskins: Telephonic Rule 16 Scheduling Conference held on 6/2/2021 with Attorneys John Baker and Jennifer Kay. Written Scheduling Order to follow. Parties are reminded of their option to consent to proceed before U.S. Magistrate Judge. See attached form. (LB)
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Att: 1 Form
Sunday, May 23, 2021
9 9 misc Discovery Plan - Proposed/Report of Rule 26(f) Planning Meeting Sun 05/23 10:41 AM
DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Terry Hamrick. (Baker, John)
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Friday, May 07, 2021
notice Notice of Hearing Fri 05/07 4:10 PM
NOTICE OF HEARING: Telephonic Rule 16 Scheduling Conference set Wednesday, 6/2/2021, at 3:00 PM (court will place call) before U.S. Magistrate Judge Tom Schanzle-Haskins. 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 fourteen (14) days prior to the scheduling conference, and are to submit a proposed discovery plan in writing to the Court on or before 5/28/2021. Such a plan must include, at a minimum, those items listed in CDIL-LR 26.2(3), Rule 16(b), Rule 26(f), and CDIL-LR 16.2(F) with proposed deadlines. The parties are directed to specifically address the provisions, if any, for discovery or disclosure of electronically stored information, and to discuss agreements, if any, the parties reach for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. Any plan filed shall specifically address the need, or lack thereof, concerning discovery of electronically stored information. If a discovery plan is not submitted as required, the scheduling hearing will not be held and costs may be assessed. Lead counsel or other counsel of record with knowledge of the case should be available to participate in the Rule 16 scheduling hearing. (LB)
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Monday, May 03, 2021
8 8 misc Certificate of Interest Mon 05/03 4:10 PM
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by KM Plant Services, Inc.. (Kay, Jennifer)
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7 7 answer Answer to Complaint Mon 05/03 1:42 PM
ANSWER to1 Complaint AND AFFIRMATIVE DEFENSES by KM Plant Services, Inc..(Kay, Jennifer)
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6 6 notice Notice of Appearance of Attorney Mon 05/03 1:38 PM
NOTICE of Appearance of Attorney by Tobias Edward Schlueter on behalf of KM Plant Services, Inc. (Schlueter, Tobias)
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5 5 notice Notice of Appearance of Attorney Mon 05/03 1:36 PM
NOTICE of Appearance of Attorney by Jennifer H Kay on behalf of KM Plant Services, Inc. (Kay, Jennifer)
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Monday, March 29, 2021
4 4 service Waiver of Service Executed Mon 03/29 1:02 PM
WAIVER OF SERVICE Returned Executed by Terry Hamrick. KM Plant Services, Inc. waiver sent on 3/4/2021, answer due 5/3/2021. (Baker, John)
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Thursday, March 04, 2021
3 3 service Request for Waiver of Service & Notice of Lawsuit Thu 03/04 4:46 PM
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Illinois Corporation Services C on 03/04/2021.(Baker, John)
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Att: 1 Exhibit
2 2 misc Certificate of Interest Thu 03/04 11:47 AM
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Terry Hamrick. (Baker, John)
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1 1 cmp Attorney Complaint Thu 03/04 11:46 AM
COMPLAINT against KM Plant Services, Inc. ( Filing fee $ 402 receipt number 0753-3604770.), filed by Terry Hamrick.(Baker, John)
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Att: 1 Civil Cover Sheet