Johnson et al v. City of Kewanee
Illinois Central District Court | |
Judge: | Sara Darrow |
Referred: | Jonathan E Hawley |
Case #: | 4:21-cv-04051 |
Nature of Suit | 790 Labor - Other Labor Litigation |
Cause | 29:1132 E.R.I.S.A.-Employee Benefits |
Case Filed: | Mar 22, 2021 |
Terminated: | Mar 21, 2024 |
Last checked: Saturday Sep 18, 2021 3:58 AM CDT |
Defendant
City of Kewanee
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Represented By
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Plaintiff
Deborah Johnson
840 Wilson Street
Kewanee, IL 61443 |
Represented By
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Plaintiff
Rodney Johnson
840 Wilson Street
Kewanee, IL 61443 |
Represented By
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Docket last updated: 29 minutes ago |
Thursday, March 21, 2024 | ||
41 | 41
![]() STIPULATION of Dismissal by Deborah Johnson, Rodney Johnson.(Loeffel, William) |
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misc
Remark
Thu 03/21 11:25 AM
Remark: This case is closed pursuant to Stipulation of Dismissal filed on 3/21/2024. (VH) |
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Monday, March 04, 2024 | ||
order
Order ~Util - Set/Reset Deadlines
Mon 03/04 2:49 PM
TEXT ORDER entered by Chief Judge Sara Darrow on March 4, 2024. The parties submitted a40 Joint Status Report indicating they reached a settlement on February 29, 2024. The Court directs the parties to file either a stipulation of dismissal or an updated joint status report regarding settlement by March 22, 2024. (ARR) |
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Friday, March 01, 2024 | ||
40 | 40
![]() STATUS REPORT Joint by City of Kewanee. (Kunkle, Kathleen) |
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Wednesday, January 31, 2024 | ||
39 | 39
![]() STATUS REPORT Joint by City of Kewanee. (Kunkle, Kathleen) |
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order
Order ~Util - Set/Reset Deadlines
Wed 01/31 4:31 PM
TEXT ORDER entered by Chief Judge Sara Darrow on January 31, 2024. The parties submitted a39 Joint Status Report indicating that settlement discussions are ongoing. The Court directs the parties to file an updated joint status report regarding the progress of settlement negotiations by March 1, 2024. (ARR) |
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Wednesday, January 10, 2024 | ||
utility
Set/Reset Deadlines/Hearings
Wed 01/10 10:56 AM
Set Deadlines: Status Report due by 1/31/2024. (VH) |
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Tuesday, January 09, 2024 | ||
order
Order
Tue 01/09 4:00 PM
TEXT ORDER entered by Chief Judge Sara Darrow on January 9, 2024. Plaintiffs filed their37 amended complaint on December 21, 2023, and Defendant filed its38 answer on January 4, 2024. The parties have indicated that they are currently in settlement negotiations. See35 Unopposed Mot. Continue Trial para. 5. The Court DIRECTS the parties to file a status report regarding the progress of settlement negotiations by January 31, 2024. (ARR) |
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Thursday, January 04, 2024 | ||
38 | 38
![]() ANSWER to37 Amended Complaint by City of Kewanee.(Kunkle, Kathleen) |
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Thursday, December 21, 2023 | ||
37 | 37
![]() AMENDED COMPLAINT against Rodney Johnson, Deborah Johnson, filed by Rodney Johnson, Deborah Johnson.(Loeffel, William) |
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Wednesday, December 20, 2023 | ||
order
Order on Motion to Amend/Correct
Wed 12/20 8:46 AM
TEXT ORDER granting34 Motion for leave to Amend Complaint given the Defendant does not oppose. Plaintiffs are directed to file a clean copy of their amended complaint with no redlining by December 22, 2023. Entered by Magistrate Judge Jonathan E. Hawley on 12/20/23. (WG) Modified on 12/20/2023 to change filing of Amended Complaint. (WG) |
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utility
Set/Reset Deadlines (including Answer ddl)
Wed 12/20 12:09 PM
Set/Reset Deadlines: Amended Pleadings due by 12/22/2023. See 12/20/23 Text Order. (RES) |
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Tuesday, December 19, 2023 | ||
36 | 36
![]() RESPONSE to Motion re34 MOTION to Amend/Correct Complaint filed by Defendant City of Kewanee. (Kunkle, Kathleen) |
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Thursday, December 07, 2023 | ||
order
Order on Motion to Continue 1 - Terminate Deadlines and Hearings
Thu 12/07 4:04 PM
TEXT ORDER entered by Chief Judge Sara Darrow on December 7, 2023. Plaintiffs filed an35 Unopposed Motion to Continue Trial contemporaneously with their33 Proposed Pretrial Order. Plaintiffs state that the Court's32 order denying summary judgment, which corrected the statute governing this dispute, limits available relief and has prompted the parties to engage in settlement negotiations.35 Mot. Continue 1-2; See32 Order Summ. J. 5 ("COBRA amended both the Employee Retirement Income Security Act ('ERISA'), 29 U.S.C. 1001-1461, which applies to private employers, and the Public Health Service Act ('PHSA'), 42 U.S.C. 300bb-1-300bb-8, which applies to state and local government employers.... The parties cite to the continuation coverage provisions of ERISA but, because the City is a local government employer, the correct statute governing this case is the PHSA."). Plaintiffs' counsel also points to his other impending trial obligations as justification for continuing this trial. The Court GRANTS the35 Unopposed Motion to Continue Trial and VACATES the Final Pretrial Conference and Jury Trial to be reset if necessary after ruling on the34 motion to amend the complaint. (ARR) |
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Wednesday, December 06, 2023 | ||
35 | 35
![]() MOTION to Continue Trial (Unopposed) by Plaintiffs Deborah Johnson, Rodney Johnson. Responses due by 12/20/2023 (Loeffel, William) |
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34 | 34
![]() MOTION to Amend/Correct Complaint by Plaintiffs Deborah Johnson, Rodney Johnson. Responses due by 12/20/2023(Loeffel, William) |
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33 | 33
![]() Proposed Pretrial Order by Deborah Johnson, Rodney Johnson. (Loeffel, William) |
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Tuesday, November 21, 2023 | ||
32 | 32
![]() ORDER entered by Chief Judge Sara Darrow on November 21, 2023. Defendant's25 Motion for Summary Judgment is DENIED. The Final Pretrial Conference is now scheduled for December 13, 2023 at 9:15 a.m. at U.S. Courthouse, 100 N.E. Monroe St., Peoria, IL, 61602 before Chief Judge Sara Darrow. The Proposed Pretrial Order is due by December 6, 2023. (ARR) |
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Thursday, November 16, 2023 | ||
order
Order 1 - Terminate Deadlines and Hearings
Thu 11/16 3:48 PM
TEXT ORDER entered by Chief Judge Sara Darrow on November 16, 2023. The Court VACATES the Proposed Pretrial Order deadline and the Final Pretrial Conference to be reset if necessary after resolution of the25 summary judgment motion. (ARR) |
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Thursday, November 02, 2023 | ||
31 | 31
![]() NOTICE of Appearance of Attorney by Mitchell Reid Paglia on behalf of City of Kewanee (Paglia, Mitchell) |
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Wednesday, November 01, 2023 | ||
30 | 30
![]() MOTION to Continue Final Pre Trial Conference by Plaintiffs Deborah Johnson, Rodney Johnson. Responses due by 11/15/2023 (Loeffel, William) |
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order
Order on Motion to Continue ~Util - Set/Reset Hearings
Wed 11/01 11:34 AM
TEXT ORDER entered by Chief Judge Sara Darrow on November 1, 2023. Plaintiffs'30 Motion to Continue Final Pretrial Conference is GRANTED. The Final Pretrial Conference is changed in time only and is now set for November 29, 2023 at 2:00 p.m. (ARR) |
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Thursday, October 19, 2023 | ||
order
~Util - Set/Reset Deadlines/Hearings Order
Thu 10/19 3:17 PM
TEXT ORDER entered by Chief Judge Sara Darrow on October 19, 2023. Due to a conflict in the Court's schedule, the Final Pretrial Conference set for November 14, 2023 is vacated and reset to November 29, 2023 at 10:45 a.m. in Courtroom D at U.S. Courthouse, 100 N.E. Monroe St., Peoria, IL, 61602 before Chief Judge Sara Darrow. The Proposed Pretrial Order is now due by November 22, 2023. (ARR) |
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Wednesday, September 13, 2023 | ||
29 | 29
![]() REPLY to Response to Motion re25 MOTION for Summary Judgment filed by Defendant City of Kewanee.(Kunkle, Kathleen) |
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Wednesday, August 30, 2023 | ||
28 | 28
![]() MEMORANDUM in Support of Response to Motion for Summary Judgment re27 Response to Motion,,,, by Deborah Johnson, Rodney Johnson. (Loeffel, William) |
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27 | 27
![]() RESPONSE to Motion re25 MOTION for Summary Judgment filed by Plaintiffs Deborah Johnson, Rodney Johnson.(Loeffel, William) |
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Friday, August 11, 2023 | ||
26 | 26
![]() MEMORANDUM in Support re25 MOTION for Summary Judgment filed by Defendant City of Kewanee.(Kunkle, Kathleen) |
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25 | 25
![]() MOTION for Summary Judgment by Defendant City of Kewanee. Responses due by 9/1/2023 (Kunkle, Kathleen) |
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Monday, June 26, 2023 | ||
order
Order on Motion for Extension of Time to Complete Discovery ~Util - Set/Reset Deadlines/Hearings
Mon 06/26 1:51 PM
TEXT ORDER granting24 Motion for Extension of Time to Complete Discovery. Fact Discovery due by 7/21/2023. Dispositive Motions due by 8/11/2023. Proposed Pretrial Order due by 11/7/2023. Final Pretrial Conference set for 11/14/2023 at 11:00 AM and Jury Trial reset for 1/8/2024 at 9:00 AM before Chief Judge Sara Darrow. This is the final extension granted and no further extensions of time will be granted absent a showing of extraordinary circumstances. Entered by Magistrate Judge Jonathan E. Hawley on 6/26/23. (WG) |
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Friday, June 23, 2023 | ||
24 | 24
![]() Joint MOTION for Extension of Time to Complete Discovery Agreed by Defendant City of Kewanee. Responses due by 7/7/2023 (Kunkle, Kathleen) |
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Tuesday, May 09, 2023 | ||
order
Order on Motion for Extension of Time to Complete Discovery ~Util - Set/Reset Scheduling Order Deadlines
Tue 05/09 10:01 AM
TEXT ORDER entered by Magistrate Judge Jonathan E. Hawley on 5/9/2023. The parties'23 Joint Agreed Motion for Extension of Time to Complete Fact Discovery is GRANTED. The fact discovery deadline is extended to 5/31/2023. Dispositive motions are now due by 6/30/2023. Proposed Pretrial Order due by 10/31/2023. Final Pretrial Conference RE-SET for 11/7/2023 at 1:30 p.m. and Jury Trial RE-SET for 12/18/2023 at 9:00 a.m. Both hearings to be held in Courtroom D in Peoria before Chief Judge Sara Darrow. (RES) |
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Friday, April 28, 2023 | ||
23 | 23
![]() Joint MOTION for Extension of Time to Complete Discovery by Defendant City of Kewanee. Responses due by 5/12/2023 (Kunkle, Kathleen) |
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Thursday, February 23, 2023 | ||
order
Order on Motion for Extension of Time to Complete Discovery 1 - Terminate Deadlines and Hearings ~Util - Set/Reset Deadlines/Hearings
Thu 02/23 2:33 PM
TEXT ORDER granting22 Joint Motion for Extension of Time to Complete Fact Discovery. Discovery deadline extended to 3/31/2023. Dispositive Motions due by 4/28/2023. Proposed Pretrial Order due by 8/15/2023. Final Pretrial Conference reset for 8/22/2023 at 10:00 AM and Jury Trial reset for 9/18/2023 at 9:00 AM. Both hearings to be held in Courtroom D in Peoria before Chief Judge Sara Darrow. Entered by Magistrate Judge Jonathan E. Hawley on 2/23/23. (WG) |
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Wednesday, February 22, 2023 | ||
22 | 22
![]() Joint MOTION for Extension of Time to Complete Discovery by Defendant City of Kewanee. Responses due by 3/8/2023 (Kunkle, Kathleen) |
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Tuesday, November 29, 2022 | ||
order
Order on Motion for Extension of Time to Complete Discovery ~Util - Set/Reset Deadlines/Hearings
Tue 11/29 8:44 AM
TEXT ORDER granting21 Joint Proposed Extension to Discovery. Discovery due by 1/31/2023. Dispositive Motions due by 2/28/2023. Proposed Pretrial Order due by 5/23/2023. Final Pretrial Conference reset for 5/30/2023 at 11:00 AM and Jury Trial set for 7/10/2023 at 9:00 AM, both hearing to be held in U.S. Courthouse,131 E 4th Street, Davenport, IA 52801 before Chief Judge Sara Darrow. Entered by Magistrate Judge Jonathan E. Hawley on 11/29/22. (WG) |
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order
Order ~Util - Set/Reset Hearings
Tue 11/29 11:29 AM
TEXT ORDER amending the earlier Text Order of 11/29/2022. Final Pretrial Conference set for 5/30/2023 at 11:00 AM and Jury Trial set for 7/10/2023 at 9:00 AM before Chief Judge Sara Darrow will be held in a Courtroom in the United States Courthouse in Peoria, Illinois. Entered by Magistrate Judge Jonathan E. Hawley on 11/29/22. (WG) |
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Monday, November 28, 2022 | ||
21 | 21
![]() Joint MOTION for Extension of Time to Complete Discovery by Plaintiffs Deborah Johnson, Rodney Johnson. Responses due by 12/12/2022 (Loeffel, William) |
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Friday, October 07, 2022 | ||
20 | 20
![]() AGREED CONFIDENTIALITY ORDER. The Defendant's Motion for Entry of Agreed Confidentiality Order19 is granted. Entered by Magistrate Judge Jonathan E. Hawley on 10/7/2022. (KZ) |
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Thursday, October 06, 2022 | ||
19 | 19
![]() MOTION for Protective Order by Defendant City of Kewanee. Responses due by 10/20/2022(Kunkle, Kathleen) |
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Att: 1
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Wednesday, September 28, 2022 | ||
18 | 18
![]() TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan17 . Discovery due by 11/23/22. Dispositive Motions due by 12/23/22. Proposed pretrial order due by 3/21/23. Final Pretrial Conference set for 3/28/2023 at 11:00 AM and Jury Trial set for 5/8/2023 at 9:00 AM, BOTH in Courtroom before Chief District Judge Sara Darrow. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawley's Standing Order that was revised on 4/7/2022. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 9/28/2022. (WG) |
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Tuesday, September 27, 2022 | ||
17 | 17
![]() DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by City of Kewanee. (Kunkle, Kathleen) |
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Thursday, September 15, 2022 | ||
16 | 16
![]() PDF with attached Audio File. Court Date & Time [ 9/15/2022 10:59:11 AM ]. File Size [ 2451 KB ]. Run Time [ 00:05:06 ]. (admin) |
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minutes
Status Conference - Referral Judge
Thu 09/15 11:27 AM
Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone conference with Atty William Loeffel, on behalf of the Plaintiffs, and Atty Kathleen Kunkle, on behalf of Defendants, for Status Conference held on 9/15/2022. Discussion held regarding scheduling and status of discovery. Parties are to confer and submit a joint proposed scheduling plan within 14 days. (Tape #PRC: 10:59 a.m.) (AH) |
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Thursday, September 08, 2022 | ||
order
Order on Motion for Miscellaneous Relief ~Util - Set/Reset Hearings
Thu 09/08 11:53 AM
TEXT ORDER granting15 Motion for hearing regarding discovery dispute. Status Conference re discovery dispute is set for 9/15/2022 at 11:00 AM via telephone before Magistrate Judge Jonathan E. Hawley. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Entered by Magistrate Judge Jonathan E. Hawley on 9/8/22. (WG) |
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Wednesday, September 07, 2022 | ||
15 | 15
![]() MOTION Hearing Regarding Discovery Dispute re14 Joint MOTION for Extension of Time to Complete Discovery by Plaintiffs Deborah Johnson, Rodney Johnson. Responses due by 9/21/2022 (Loeffel, William) |
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Monday, January 31, 2022 | ||
order
Order on Motion for Extension of Time to Complete Discovery ~Util - Set/Reset Deadlines/Hearings
Mon 01/31 11:29 AM
TEXT ORDER granting14 Joint Motion for Extension of Time to Complete Discovery. Discovery due by 9/30/2022. Dispositive Motions due by 10/31/2022. Proposed Pretrial Order due by 1/24/2023. Final Pretrial Conference reset for 1/31/2023 at 10:00 AM and Jury Trial reset for 3/20/2023 at 9:00 AM, both hearings in U.S. Courthouse,131 E 4th Street, Davenport, IA 52801 before Chief Judge Sara Darrow. Entered by Magistrate Judge Jonathan E. Hawley on 1/31/22. (WG) |
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Friday, January 28, 2022 | ||
14 | 14
![]() Joint MOTION for Extension of Time to Complete Discovery by Defendant City of Kewanee. Responses due by 2/11/2022 (Kunkle, Kathleen) |
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Tuesday, July 13, 2021 | ||
13 | 13
![]() TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan12 . Discovery due by 6/30/22. Dispositive Motions due by 7/29/22. Proposed pretrial order due by 10/25/22. Final Pretrial Conference set for 11/1/22 at 11:00 AM and Jury Trial set for 12/12/22 at 9:00 AM, BOTH in Courtroom before Chief Judge Sara Darrow. Rule 16 conference set 7/16/2021 at 9:30 AM is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawleys Standing Order that was revised on 1/1/2021. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 7/13/2021. (WG) |
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12 | 12
![]() DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by City of Kewanee. (Kunkle, Kathleen) |
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Monday, June 14, 2021 | ||
11 | 11
![]() TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 7/16/21 at 9:30 AM via telephone . Counsel are to phone into conference by calling 571-353-2300, then enter 287753270#. Please announce your name each time prior to speaking unless the judge asks a question directly to you so that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 7/13/2021. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 6/14/2021. (WG) |
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Friday, June 11, 2021 | ||
10 | 10
![]() ANSWER to1 Complaint AND AFFIRMATIVE DEFENSES by City of Kewanee.(Kunkle, Kathleen) |
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Tuesday, June 01, 2021 | ||
order
Order on Motion for Extension of Time to Answer
Tue 06/01 10:47 AM
TEXT ORDER granting9 unopposed Motion for Extension of Time to Answer. Defendant City of Kewanee answer ddl extended to 6/11/2021. Entered by Magistrate Judge Jonathan E. Hawley on 6/1/21. (WG) |
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Friday, May 28, 2021 | ||
9 | 9
![]() MOTION for Extension of Time to File Answer re1 Complaint by Defendant City of Kewanee. Responses due by 6/11/2021 (Kunkle, Kathleen) |
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Tuesday, May 18, 2021 | ||
order
Order on Motion for Extension of Time to Answer
Tue 05/18 12:07 PM
TEXT ORDER granting8 unopposed Motion for Extension of Time to Answer. Dft City of Kewanee answer deadline is extended to 5/28/2021. Entered by Magistrate Judge Jonathan E. Hawley on 5/18/21. (WG) |
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Monday, May 17, 2021 | ||
8 | 8
![]() MOTION for Extension of Time to File Answer re1 Complaint by Defendant City of Kewanee. Responses due by 6/1/2021 (Kunkle, Kathleen) |
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Thursday, May 13, 2021 | ||
7 | 7
![]() NOTICE of Appearance of Attorney by Kathleen Margaret Kunkle on behalf of City of Kewanee (Kunkle, Kathleen) |
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Thursday, April 22, 2021 | ||
6 | 6
![]() NOTICE of Appearance of Attorney by Brian D Mooty on behalf of All Plaintiffs (Mooty, Brian) |
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Wednesday, April 14, 2021 | ||
order
Order on Motion for Extension of Time to Answer
Wed 04/14 8:29 AM
TEXT ORDER granting5 Motion for Extension of Time to Answer. Dft City of Kewanee answer due 5/5/2021. Entered by Magistrate Judge Jonathan E. Hawley on 4/14/21. (WG) |
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Tuesday, April 13, 2021 | ||
5 | 5
![]() MOTION for Extension of Time to File Answer re1 Complaint (Agreed Mot for Extens of Time to File Resp to Complaint) by Defendant City of Kewanee. Responses due by 4/27/2021 (Raver, Justin) |
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4 | 4
![]() NOTICE of Appearance of Attorney by Justin Raver on behalf of City of Kewanee (Raver, Justin) |
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Monday, March 29, 2021 | ||
3 | 3
![]() CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Deborah Johnson, Rodney Johnson. (Loeffel, William) |
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Monday, March 22, 2021 | ||
2 | 2
![]() Summons Issued as to City of Kewanee. (JRK) |
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1 | 1
![]() COMPLAINT against City of Kewanee (Filing fee $ 402 receipt number 0753-3618334.), filed by Rodney Johnson, Deborah Johnson.(JRK) |
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