Horn v. Boyd et al
| Illinois Central District Court | |
| Judge: | Colin Stirling Bruce |
| Referred: | Eric I Long |
| Case #: | 2:22-cv-02220 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1446 Notice of Removal |
| Case Filed: | Oct 14, 2022 |
| Terminated: | Sep 27, 2023 |
| Last checked: Wednesday Apr 12, 2023 4:17 AM CDT |
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Defendant
502 W. Main St. LLC
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Defendant
Carla Boyd
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Represented By
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Defendant
Cheris Kramarae
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Defendant
Dale Kramer
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Defendant
Carol Mitten
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Represented By
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Defendant
The City of Urbana, Illinois
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Represented By
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Defendant
The Weiner Companies, Ltd
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Represented By
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Plaintiff
Charles Horn
1205 E Green St
Urbana, IL 61802 |
| Docket last updated: 05/15/2025 11:59 PM CDT |
| Wednesday, March 26, 2025 | ||
| 49 | 49
appeal
USCA Mandate
Wed 03/26 11:02 AM
MANDATE of USCA as to39 Notice of Appeal filed by Charles Horn. This cause, docketed on December 2, 2024, is DISMISSED for failure to timely pay the required docketing fee, pursuant to Circuit Rule 3(b). (VH) |
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| Thursday, December 19, 2024 | ||
| 48 | 48
notice
Notice (Other)
Thu 12/19 1:46 PM
Circuit Rule 3(b) Fee NOTICE re39 Notice of Appeal. (JS) |
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| Wednesday, December 18, 2024 | ||
| 47 | 47
motion
Appeal In Forma Pauperis
Wed 12/18 8:46 AM
MOTION for Leave to Appeal in forma pauperis by Plaintiff Charles Horn. Responses due by 1/2/2025 (SKR) |
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| 46 | 46
appeal
USCA Order
Wed 12/18 8:45 AM
ORDER of USCA from 12/10/24 as to39 Notice of Appeal filed by Charles Horn directing the motion for leave to appeal in forma pauperis be filed in the District Court. SEE USCA ORDER. (SKR) |
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order
Order on Motion for Leave to Appeal In Forma Pauperis
Wed 12/18 1:04 PM
TEXT ORDER entered by Judge Colin S. Bruce on 12 18-2024 "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. § 1915(a)(3). "Good faith" within the meaning of § 1915(a)(3) is not about the appellant's sincerity in requesting appellate review. Rather, an appeal taken in "good faith" is an appeal that, objectively considered, raises nonfrivolous, colorable issues. See Cruz v. Hauck, 404 U.S. 59, 62 (1971); see also Coppedge v. United States, 369 U.S. 438, 445 (1962). A party who identifies issues that are debatable among jurists of reason, or that could be resolved in a different manner, or that are sufficient to deserve encouragement to proceed further, demonstrates a good faith basis for an appeal. Pate v. Stevens, 163 F.3d 437, 439 (7th Cir. 1998). The Court has reviewed its Order20 dismissing this case, its Text Order entered 11/05/2024 denying Plaintiff's Motion to Reconsider, and its Text Order entered 11/13/2024 denying Plaintiff's Motion for Judicial Notice, and does not believe Plaintiff has raised any non-frivolous issue for appeal. Plaintiff's Motion for Leave to Appeal in Forma Pauperis47 is DENIED. If Plaintiff intends to renew his request before the Seventh Circuit Court of Appeals, he must do so within 30 days of service of this Order, in compliance with Fed. R. App. P. 24(a)(5). (JS) |
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| Tuesday, December 17, 2024 | ||
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appeal
USCA Mandate
Tue 12/17 3:58 PM
MANDATE of USCA as to34 Notice of Appeal filed by Charles Horn. Upon consideration of the MOTION FOR VOLUNTARY DISMISSAL, filed on December 16, 2024,by the pro se appellant, IT IS ORDERED that this case is DISMISSED, pursuant to Federal Rule of Appellate Procedure 42(b).(JS) |
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Att: 1
Notice of Issuance of Mandate
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| Monday, December 09, 2024 | ||
| 44 | 44
appeal
Transcript Information Sheet - Appeal
Mon 12/09 11:03 AM
TRANSCRIPT INFORMATION SHEET by Charles Horn (JJK) |
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| Friday, December 06, 2024 | ||
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order
Order on Motion to Substitute Attorney ~Util - Add and Terminate Attorneys
Fri 12/06 8:18 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 12/6/2024. Defendant The Weiner Companies' Motion to Substitute43 is GRANTED. The Court directs the Clerk to withdraw attorney Robert E. Jacobson as counsel for Defendant and substitute attorney Brian T. Schurter as counsel for Defendant.(JS) |
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| Thursday, December 05, 2024 | ||
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motion
Substitute Attorney
Thu 12/05 7:55 AM
MOTION to Substitute Attorney, Robert E. Jacobson to be replaced by Brian T. Schurter, by Defendant The Weiner Companies, Ltd. Responses due by 12/19/2024 (Schurter, Brian) |
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| Tuesday, December 03, 2024 | ||
| 42 | 42
notice
Notice (Other)
Tue 12/03 12:46 PM
Circuit Rule 3(b) NOTICE re39 Notice of Appeal. (JS) |
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| 41 | 41
appeal
USCA Notice of Docketing ROA
Tue 12/03 12:45 PM
NOTICE of Docketing Record on Appeal from USCA re39 Notice of Appeal filed by Charles Horn. USCA Case Number 24-3186 (JS) |
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| Monday, December 02, 2024 | ||
| 40 | 40
appeal
Short Record of Appeal Sent to USCA
Mon 12/02 12:40 PM
Short Record of Appeal Sent to US Court of Appeals re39 Notice of Appeal. (JS) |
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| Thursday, November 28, 2024 | ||
| 39 | 39
appeal
Notice of Appeal
Mon 12/02 12:38 PM
NOTICE OF APPEAL as to 11/5/2024 Text Order and20 Order by Charles Horn. (JS) Modified on 12/2/2024 to correct filing date (SKR) |
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| Monday, November 25, 2024 | ||
| 38 | 38
notice
Notice (Other)
Mon 11/25 3:22 PM
Circuit Rule 3(b) Fee NOTICE re34 Notice of Appeal. (JS) |
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| 37 | 37
appeal
USCA Notice of Docketing ROA
Mon 11/25 10:06 AM
NOTICE of Docketing Record on Appeal from USCA re34 Notice of Appeal filed by Charles Horn. USCA Case Number 24-3137 (JS) |
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order
Order on Motion for Leave to Appeal In Forma Pauperis
Mon 11/25 11:45 AM
TEXT ORDER entered by Judge Colin Stirling Bruce on 11/25/2024. "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. § 1915(a)(3). "Good faith" within the meaning of § 1915(a)(3) is not about the appellant's sincerity in requesting appellate review. Rather, an appeal taken in "good faith" is an appeal that, objectively considered, raises nonfrivolous, colorable issues. See Cruz v. Hauck, 404 U.S. 59, 62 (1971); see also Coppedge v. United States, 369 U.S. 438, 445 (1962). A party who identifies issues that are debatable among jurists of reason, or that could be resolved in a different manner, or that are sufficient to deserve encouragement to proceed further, demonstrates a good faith basis for an appeal. Pate v. Stevens, 163 F.3d 437, 439 (7th Cir. 1998). The Court has reviewed its Order20 dismissing this case, its Text Order entered 11/05/2024 denying Plaintiff's Motion to Reconsider, and its Text Order entered 11/13/2024 denying Plaintiff's Motion for Judicial Notice, and does not believe Plaintiff has raised any non-frivolous issue for appeal. Plaintiff's Motion for Leave to Appeal in Forma Pauperis35 is DENIED. If Plaintiff intends to renew his request before the Seventh Circuit Court of Appeals, he must do so within 30 days of service of this Order, in compliance with Fed. R. App. P. 24(a)(5).(JS) |
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| Friday, November 22, 2024 | ||
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appeal
Short Record of Appeal Sent to USCA
Fri 11/22 2:58 PM
Short Record of Appeal Sent to US Court of Appeals re34 Notice of Appeal. (JS) |
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| 35 | 35
motion
Appeal In Forma Pauperis
Fri 11/22 2:56 PM
MOTION for Leave to Appeal in forma pauperis by Plaintiff Charles Horn. Responses due by 12/6/2024 (JS) |
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| 34 | 34
appeal
Notice of Appeal
Fri 11/22 2:55 PM
NOTICE OF APPEAL as to20 Order on Motion to Remand by Charles Horn. (JS) |
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| Wednesday, November 13, 2024 | ||
| 33 | 33
notice
Notice (Other)
Wed 11/13 2:13 PM
USCA Order re: NOTICE of Docketing Record on Appeal from USCA as to Charles Horn re Petition of Writ of Mandamus. USCA Case Number 24-2038 The following are before the court: 1. PETITION FOR A WRIT OF MANDAMUS, filed on June 17, 2024, by the pro se petitioner. 2. MOTION FOR PERMISSION TO PROCEED IN THE COURT OF APPEALS WITHOUT PREPAYING FEES OR COSTS, filed on June 26, 2024, by the pro sepetitioner. In light of the district court's order, issued on November 5, 2024, resolving Charles Horn's motion for reconsideration, IT IS ORDERED that the petition for writ of mandamus and motion to proceed in forma pauperis are DENIED as unnecessary.(JS) |
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order
Order on Motion for Miscellaneous Relief
Wed 11/13 2:07 PM
TEXT ORDER entered by Judge Colin S. Bruce on 11 13-2024 Plaintiff's Motion for Judicial Notice32 is DENIED. Plaintiff asserts that the Housing Authority of Champaign County operates under the Illinois Housing Authorities Act and is not covered by the Illinois Administrative Review Act. This case does not seek to allege claims against the Housing Authority of Champaign County. Plaintiff is pursuing other lawsuits against the Housing Authority. Here, Plaintiff sought to pursue federal due process claims against the City of Urbana and its employees for their handling of Plaintiff's complaints to the City, as well state law claims under the Court's supplemental jurisdiction. The Administrative Review Act applies to administrative determinations by the City of Urbana and Plaintiff's acknowledged failure to fully pursue those remedies forecloses his federal due process claims. Plaintiff remains free to pursue his state law claims in state court.(JS) |
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| Sunday, November 10, 2024 | ||
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motion
Miscellaneous Relief
Tue 11/12 9:24 AM
MOTION (REQUEST) for JUDICIAL NOTICE by Plaintiff Charles Horn. Responses due by 11/25/2024 (JJK) |
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| Tuesday, November 05, 2024 | ||
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order
Order on Motion for Reconsideration
Tue 11/05 3:08 PM
TEXT ORDER entered by Judge Colin S. Bruce on 11 5-2024 The court dismissed Plaintiff's federal claims and relinquished supplemental jurisdiction over his state law claims in an Order20 entered September 27, 2023. Plaintiff filed a timely Motion for Reconsideration22 asserting that his federal claims were adequately pleaded and should be allowed to proceed. Plaintiff attaches an affidavit that concedes that 1) judicial review of the Urbana Defendants' decisions was available, and 2) he chose not to pursue judicial review because he believed it would be merely an "academic exercise." Doc. 22-1 at 2-3. Failure to pursue available judicial review under the Illinois Administrative Review Act is fatal to Plaintiff's due process claim. Michalowicz v. Vill. of Bedford Park, 528 F.3d 530, 536 (7th Cir. 2008) (Illinois' Administrative Review Act "provides adequate remedies for the alleged violation of existing procedural requirements."). Plaintiff's Motion for Reconsideration22 is DENIED. (JS) |
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| Wednesday, August 14, 2024 | ||
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order
Order
Wed 08/14 9:53 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 8/14/2024. The Court directs the Clerk to administratively close this case while it is before the Seventh Circuit. See Thomas v. Wardell, 951 F.3d 854, 858, n. 3 (7th Cir. March 4, 2020) ("Administratively closing a case moves it to a court's inactive docket, while the court retains jurisdiction for purposes of future activities on the case.") (JS) |
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| Tuesday, June 18, 2024 | ||
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notice
Notice (Other)
Thu 06/20 2:21 PM
Circuit Rule 3(b) Notice re Petition for Writ of Mandamus. (JS) |
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| 30 | 30
notice
Notice (Other)
Thu 06/20 2:20 PM
NOTICE of Docketing Record on Appeal from USCA as to Charles Horn re Petition of Writ of Mandamus. USCA Case Number 24-2038 (JS) |
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| Monday, June 17, 2024 | ||
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order
Order on Motion to Withdraw ~Util - Add and Terminate Attorneys
Mon 06/17 1:35 PM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 6/17/2024. Defendants' Motion to Withdraw29 is GRANTED. The Court directs the Clerk to withdraw attorney Keith Fruehling from this case. (DW) |
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| Friday, June 14, 2024 | ||
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motion
Withdraw
Fri 06/14 1:18 PM
MOTION to Withdraw as Counsel of Record by Defendants Carla Boyd, Carol Mitten, The City of Urbana, Illinois. Responses due by 6/28/2024 (Fruehling, Keith) |
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| 28 | 28
notice
Notice of Appearance of Attorney
Fri 06/14 1:16 PM
NOTICE of Appearance of Attorney by Brian Michael Smith on behalf of Carla Boyd, Carol Mitten, The City of Urbana, Illinois (Smith, Brian) |
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| Wednesday, March 27, 2024 | ||
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order
Order on Motion to Withdraw as Attorney
Wed 03/27 9:17 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 3/27/2024. Defendants Carla Boyd, Carol Mitten, and the City of Urbana, Illinois' Motion to Withdraw27 is GRANTED. The Court directs the clerk to withdraw attorney Bryan J. Vayr as counsel for Defendants Boyd, Mitten, and the City of Urbana, Illinois. (RES) |
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| Tuesday, March 26, 2024 | ||
| 27 | 27
motion
Withdraw as Attorney
Tue 03/26 4:03 PM
MOTION to Withdraw as Attorney by Defendants Carla Boyd, Carol Mitten, The City of Urbana, Illinois. Responses due by 4/9/2024 (Fruehling, Keith) |
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| 26 | 26
notice
Notice of Appearance of Attorney
Tue 03/26 4:03 PM
NOTICE of Appearance of Attorney by Samuel Joseph Brolley on behalf of Carla Boyd, Carol Mitten, The City of Urbana, Illinois (Brolley, Samuel) |
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| Friday, January 26, 2024 | ||
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misc
Objection
Fri 01/26 4:42 PM
OBJECTION to case being marked as closed by Charles Horn. (TC) |
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| Friday, October 20, 2023 | ||
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respm
Response to Motion/Petition
Fri 10/20 2:26 PM
RESPONSE to Motion re22 MOTION for Reconsideration re20 Order on Motion to Remand,,, Order on Motion to Dismiss,,, Order on Motion for Miscellaneous Relief,,,,,, Terminated Case,, filed by Defendant The Weiner Companies, Ltd. (Jacobson, Robert) |
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respm
Response to Motion/Petition
Fri 10/20 12:33 PM
RESPONSE to Motion re22 MOTION for Reconsideration re20 Order on Motion to Remand,,, Order on Motion to Dismiss,,, Order on Motion for Miscellaneous Relief,,,,,, Terminated Case,, filed by Defendants Carla Boyd, Carol Mitten, The City of Urbana, Illinois. (Fruehling, Keith) |
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| Friday, October 06, 2023 | ||
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motion
Reconsideration
Fri 10/06 9:15 AM
MOTION FOR RECONSIDERATION titled MOTION TO ALTER OR AMEND WITH EXHIBITS INCORPORATED MEMORANDUM OF LAW WITH ATTACHED DECLARATION OF PLAINTIFF re Order20 by Plaintiff Charles Horn. Responses due by 10/20/23.(TC) |
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Att: 1
Exhibits
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| Wednesday, September 27, 2023 | ||
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misc
Judgment
Wed 09/27 4:43 PM
JUDGMENT entered. (BMG) |
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19
pgs
order
Order on Motion to Remand Order on Motion to Dismiss Order on Motion for Miscellaneous Relief ~Util - Terminate Civil Case
Wed 09/27 4:41 PM
ORDER entered by Judge Colin Stirling Bruce on 9/27/2023. Plaintiff's Motion to Remand9 is DENIED. Defendants' Motion to Dismiss13 is GRANTED as to all federal claims, brought pursuant to 42 U.S.C. Section 1983. The court relinquishes supplemental jurisdiction over the remaining counts and remands those claims to the Champaign County Circuit Court. Plaintiff's Motion for Expedited Status Conference19 is denied as MOOT. This matter is hereby terminated. See written Order.(BMG) |
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| Thursday, August 10, 2023 | ||
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motion
Miscellaneous Relief
Thu 08/10 9:24 AM
Plaintiff's Motion for Expedited Status Conference by Plaintiff Charles Horn. Responses due by 8/24/2023. (BMG) |
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| Monday, November 07, 2022 | ||
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order
Order on Motion for Extension of Time to Answer
Mon 11/07 9:35 AM
TEXT ORDER entered by Magistrate Judge Eric I. Long on 11/7/2022. Defendant The Weiner Companies, Ltd filed a Motion for Extension of Time11 . Plaintiff did not file a response within the fourteen (14) day deadline. "If no response is timely filed, the presiding judge will presume there is no opposition to the motion and may rule without further notice to the parties." L.R. 7.1(B)(2). Defendants Motion for Extension of Time11 is GRANTED. Defendant's deadline to file a responsive pleading to Plaintiff's Complaint is extended to until seven (7) days after this Court's ruling on Plaintiff's pending Motion for Remand9 . (BMG) |
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| Friday, November 04, 2022 | ||
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respm
Response to Motion/Petition
Fri 11/04 8:52 AM
RESPONSE to Motion re13 MOTION to Dismiss filed by Plaintiff Charles Horn. (BMG) |
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| Thursday, November 03, 2022 | ||
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respm
Response to Motion/Petition
Thu 11/03 4:11 PM
RESPONSE to Motion re9 MOTION to Remand filed by Defendant The Weiner Companies, Ltd. (Jacobson, Robert) |
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| 16 | 16
respm
Response to Motion/Petition
Thu 11/03 3:20 PM
RESPONSE to Motion re9 MOTION to Remand filed by Defendants Carla Boyd, Carol Mitten, The City of Urbana, Illinois. (Fruehling, Keith) |
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| Monday, October 24, 2022 | ||
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notice
Notice (Other)
Mon 10/24 3:23 PM
Notice of Supplemental Authority re9 MOTION to Remand by plaintiff Charles Horn. (BMG) |
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order
Order on Motion for Leave to File Excess Pages
Mon 10/24 9:35 AM
TEXT ORDER entered by Judge Colin S. Bruce on 10 24-2022 Defendants' Motion for Leave to File Excess Pages12 is GRANTED. (BMG) |
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| Friday, October 21, 2022 | ||
| 14 | 14
notice
Notice Rule 12(C) entered
Fri 10/21 4:41 PM
RULE 12(C) NOTICE entered re13 MOTION to Dismiss . (BMG) |
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| 13 | 13
motion
Dismiss
Fri 10/21 4:23 PM
MOTION to Dismiss by Defendants Carla Boyd, Carol Mitten, The City of Urbana, Illinois. Responses due by 11/4/2022 (Fruehling, Keith) |
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| 12 | 12
motion
File Excess Pages
Fri 10/21 4:22 PM
MOTION for Leave to File Excess Pages In support of Defendant's Motion to Dismiss set forth in local rule 7.1(b)(4) by Defendants Carla Boyd, Carol Mitten, The City of Urbana, Illinois. Responses due by 11/4/2022 (Fruehling, Keith) |
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| 11 | 11
motion
Extension of Time to File Answer
Fri 10/21 1:41 PM
MOTION for Extension of Time to File Answer or Responsive Pleading by Defendant The Weiner Companies, Ltd. Responses due by 11/4/2022 (Jacobson, Robert) |
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| Thursday, October 20, 2022 | ||
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11
pgs
misc
Memorandum
Thu 10/20 8:46 AM
MEMORANDUM in Support re9 MOTION to Remand by Charles Horn. (BMG) |
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| 9 | 9
motion
Remand
Thu 10/20 8:45 AM
MOTION to Remand by Plaintiff Charles Horn. Responses due by 11/3/2022. (BMG) |
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| Friday, October 14, 2022 | ||
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service
Certificate of Service
Fri 10/14 4:02 PM
CERTIFICATE OF SERVICE by The Weiner Companies, Ltd re5 Notice of Appearance of Attorney (Jacobson, Robert) |
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| 7 | 7
misc
Affidavit
Fri 10/14 3:51 PM
AFFIDAVIT Consent to Removal by The Weiner Companies, Ltd. (Jacobson, Robert) |
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| 6 | 6
misc
Certificate of Interest
Fri 10/14 3:24 PM
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by The Weiner Companies, Ltd. (Jacobson, Robert) |
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| 5 | 5
notice
Notice of Appearance of Attorney
Fri 10/14 3:18 PM
NOTICE of Appearance of Attorney by Robert E Jacobson on behalf of The Weiner Companies, Ltd (Jacobson, Robert) |
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| 4 | 4
misc
Certificate of Interest
Fri 10/14 11:30 AM
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Carla Boyd, Carol Mitten, The City of Urbana, Illinois. (Fruehling, Keith) |
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| 3 | 3
notice
Notice of Appearance of Attorney
Fri 10/14 11:29 AM
NOTICE of Appearance of Attorney by Bryan Jeffrey Vayr on behalf of Carla Boyd, Carol Mitten, The City of Urbana, Illinois (Vayr, Bryan) |
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| 2 | 2
notice
Notice of Appearance of Attorney
Fri 10/14 11:28 AM
NOTICE of Appearance of Attorney by Keith Eric Fruehling on behalf of Carla Boyd, Carol Mitten, The City of Urbana, Illinois (Fruehling, Keith) |
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| 1 | 1
5
pgs
cmp
Attorney Notice of Removal
Fri 10/14 11:25 AM
NOTICE OF REMOVAL from Champaign County Circuit Court, case number 2022LA000116 (Filing fee $ 402 receipt number AILCDC-4050858), filed by Carol Mitten, The City of Urbana, Illinois, Carla Boyd.(Fruehling, Keith) |
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Att: 1
2 pgs
Exhibit A,
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Att: 2
2 pgs
Exhibit B,
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Att: 3
40 pgs
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Civil Cover Sheet Civil Cover Sheet
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