McGinley v. United States Air Force et al
| Illinois Central District Court | |
| Judge: | Sue E Myerscough |
| Referred: | Karen L Mcnaught |
| Case #: | 3:24-cv-03097 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1442 Notice of Removal |
| Case Filed: | Apr 26, 2024 |
| Terminated: | Sep 03, 2024 |
| Last checked: Saturday Oct 26, 2024 5:02 AM CDT |
|
Defendant
Jonathan R. Hoffman
|
Represented By
|
|
Defendant
Abhijeet S. Joshi
|
|
|
Defendant
John K. Lee
|
Represented By
|
|
Defendant
Michael R. Pence
|
Represented By
|
|
Defendant
Gustave F. Perna
|
Represented By
|
|
Defendant
United States Air Force
|
Represented By
|
|
Defendant
United States Environmental Protection Agency
|
Represented By
|
|
Plaintiff
Beau L. McGinley
1709 E. 1308th Street
Fowler, IL 62338 |
| Docket last updated: 4 hours ago |
| Thursday, September 05, 2024 | ||
| 27 | 27
misc
Judgment
Thu 09/05 3:12 PM
JUDGMENT entered. (BL) |
|
| Tuesday, September 03, 2024 | ||
| 26 | 26
7
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 09/04 2:39 PM
Opinion and Order entered by Judge Sue E Myerscough on 9/3/2024: Defendants' Motions to Dismiss (d/e5 ,9 ) are GRANTED as Plaintiff has failed to state a claim that is nonfrivolous. Plaintiff's claims are DISMISSED with prejudice in their entirety. Because amendment would be futile, Plaintiff's Motion for Leave to File an Amended Complaint (d/e25 ) is DENIED. The Clerk is DIRECTED to close this case and enter judgment for Defendants. (BL) |
|
|
order
Order on Motion for Leave to File
Tue 09/03 11:55 AM
TEXT ORDER by Magistrate Judge Karen McNaught on 9/3/2024: Plaintiff's motion for leave to file an amended complaint25 is DENIED with leave to re-file. Motions to dismiss [5, 9] are pending. After the court rules on the motions, plaintiff may be given an opportunity to amend his complaint. (BL) |
||
| Thursday, August 29, 2024 | ||
| 25 | 25
motion
Leave to File Document
Thu 08/29 4:07 PM
MOTION for Leave to File by Plaintiff Beau L. McGinley. Responses due by 9/12/2024.(BL) |
|
|
Att: 1
Certification for Exemption From E-Filing
|
||
| Tuesday, August 27, 2024 | ||
|
order
Order on Motion for Hearing
Tue 08/27 4:21 PM
TEXT ORDER by Magistrate Judge Karen McNaught on 8/27/2024: Plaintiff's motion for a hearing24 is DENIED. Motions to dismiss5 ,9 are pending. The Court will rule on the motions to dismiss at its first available opportunity. No hearing for these motions is required. (BL) |
||
| Friday, August 23, 2024 | ||
| 24 | 24
motion
Hearing
Mon 08/26 9:26 AM
MOTION for Hearing by Plaintiff Beau L. McGinley. Responses due by 9/6/2024. (BL) |
|
| Monday, August 19, 2024 | ||
| 23 | 23
misc
Exhibit
Mon 08/19 3:47 PM
Exhibit re22 Motion for Hearing by Beau L. McGinley. (JPL) |
|
|
order
Order on Motion for Hearing
Mon 08/19 2:20 PM
TEXT ORDER by Magistrate Judge Karen McNaught on 8/19/2024: Plaintiff's motion for a hearing22 is DENIED. A motion to dismiss9 is pending. The Court will rule on the motion to dismiss at its first available opportunity. No hearing for this motion is required. (BL) |
||
| Thursday, August 15, 2024 | ||
| 22 | 22
motion
Hearing
Fri 08/16 11:55 AM
MOTION for Hearing by Plaintiff Beau L. McGinley. Responses due by 8/29/2024. (BL) |
|
| Tuesday, August 13, 2024 | ||
| 21 | 21
misc
Mail Returned
Tue 08/13 3:36 PM
Mail Returned as Undeliverable, re 7/1/2024 Text Order. Mail sent to Plaintiff Beau L. McGinley. (RAH) |
|
| Monday, July 08, 2024 | ||
| 20 | 20
notice
Notice of Change of Address
Tue 07/09 3:07 PM
NOTICE of Change of Address by Beau L. McGinley. (BL) |
|
| Friday, July 05, 2024 | ||
| 19 | 19
notice
Notice of Change of Address
Mon 07/08 11:33 AM
NOTICE of Change of Address by Beau L. McGinley. (BL) |
|
| Monday, July 01, 2024 | ||
|
order
Order ~Util - Set/Reset Deadlines
Mon 07/01 10:31 AM
TEXT ORDER entered by U.S. District Judge Sue E. Myerscough on 7/1/2024. Various mailings have been returned to the Court as undeliverable when mailed to the address Plaintiff listed in his original Complaint in Springfield, Illinois. On June 4, 2024, counsel for the Defendants filed a Notice, noting that Plaintiff filed a Response in Opposition to the Government's Motion to Dismiss in the original state court action. (d/e13 ). Counsel for the Defendants attached Plaintiff's Response in Opposition to said Notice. Id. Thereafter, the Court directed the Clerk to extract said Response in Opposition and file it on the docket. In addition, the Defendants' Notice (d/e13 ) indicated that Plaintiff's response listed a different current address in Fowler, Illinois than the one listed in his original Complaint. The Court has not received any Notice from the Plaintiff indicating a change of address. Therefore, Plaintiff is DIRECTED to file on or before July 9, 2024, a Notice informing the Court of his updated address. The Clerk is DIRECTED to mail a copy of this order to the Springfield, Illinois address on the docket and the Fowler, Illinois address in the Defendants' Notice (d/e13 ). (JPL) |
||
| Thursday, June 27, 2024 | ||
| 18 | 18
misc
Mail Returned
Fri 06/28 2:10 PM
Mail Returned as Undeliverable, re 6/5/2024 Text Order. Mail sent to Plaintiff Beau McGinley. (BL) |
|
| Tuesday, June 25, 2024 | ||
| 17 | 17
notice
Notice (Other)
Tue 06/25 4:14 PM
NOTICE of Misconduct by Plainitff Beau McGinley.(BL) |
|
|
Att: 1
Envelope
|
||
| 16 | 16
respm
Response to Motion/Petition
Tue 06/25 4:12 PM
SUPPLEMENTAL RESPONSE to Motion re5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Beau L. McGinley.(BL) |
|
|
Att: 1
Envelope
|
||
| Thursday, June 20, 2024 | ||
| 15 | 15
misc
Objection
Fri 06/21 1:50 PM
OBJECTION to Jurisdiction by Beau L. McGinley.(BL) |
|
|
Att: 1
Envelope
|
||
| Wednesday, June 05, 2024 | ||
| 14 | 14
respm
Response to Motion/Petition
Wed 06/05 4:43 PM
RESPONSE to Motion re5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Beau L. McGinley. (BL) |
|
|
order
Order
Wed 06/05 4:41 PM
TEXT ORDER entered by U.S. District Judge Sue E. Myerscough on 6/5/2024. The Court is in receipt of Government's Notice (d/e13 ) wherein the Government states that Plaintiff filed a response to its Motion to Dismiss (d/e5 ) in the state case in which this case was removed. The Court has reviewed the Notice and considers the Plaintiff's Response as timely filed. The Clerk is directed to extract the Plaintiff's Response in Opposition to the Governments Motion to Dismiss (d/e13 -1) and file the pro se Response of record.(BL) |
||
| Tuesday, June 04, 2024 | ||
| 13 | 13
notice
Notice (Other)
Tue 06/04 10:14 AM
NOTICE of Filing Regarding Plaintiff's Response in Opposition to the Government's Motion to Dismiss(Hoelzer, John) |
|
|
Att: 1
Exhibit Plaintiff's Response in Opposition to the Government's Motion to Dismiss
|
||
| Friday, May 31, 2024 | ||
| 12 | 12
misc
Mail Returned
Fri 05/31 3:41 PM
Mail Returned as Undeliverable, re10 ,8 Rule 12(c) Notices. (KLC) |
|
|
Att: 1
Mail returned re 5/14/24
|
||
| Thursday, May 30, 2024 | ||
| 11 | 11
misc
Mail Returned
Fri 05/31 2:18 PM
Mail Returned as Undeliverable, re1 Notice of Removal and Notice Concerning Privacy Issues. (KLC) |
|
| Tuesday, May 14, 2024 | ||
| 10 | 10
notice
Notice Rule 12(C) entered
Tue 05/14 8:57 AM
RULE 12(C) NOTICE sent to Plaintiff re9 MOTION to Dismiss. (MJC) |
|
| Monday, May 13, 2024 | ||
| 9 | 9
motion
Dismiss
Mon 05/13 8:53 AM
MOTION to Dismiss by Defendant John K. Lee. Responses due by 5/28/2024 (Thompson, James) |
|
| Friday, May 10, 2024 | ||
| 8 | 8
notice
Notice Rule 12(C) entered
Fri 05/10 4:32 PM
RULE 12(C) NOTICE entered re5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (BL) |
|
| 7 | 7
notice
Notice of Appearance of Attorney
Fri 05/10 2:25 PM
NOTICE of Appearance of Attorney by Samuel J Perkins on behalf of John K. Lee (Perkins, Samuel) |
|
| 6 | 6
13
pgs
misc
Memorandum
Fri 05/10 1:45 PM
MEMORANDUM in Support of re5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jonathan R. Hoffman, Michael R. Pence, Gustave F. Perna, United States Air Force, United States Environmental Protection Agency.(Hoelzer, John) |
|
|
Att: 1
Exhibit A
|
||
| 5 | 5
motion
Dismiss for Failure to State a Claim
Fri 05/10 1:44 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Jonathan R. Hoffman, Michael R. Pence, Gustave F. Perna, United States Air Force, United States Environmental Protection Agency. Responses due by 5/24/2024 (Hoelzer, John) |
|
| Wednesday, May 08, 2024 | ||
|
order
Order on Motion for Extension of Time to Answer
Wed 05/08 12:36 PM
TEXT ORDER by US Magistrate Judge Karen McNaught on 5/8/2024: The motion for extension of time filed by defendant, John Lee4 is GRANTED for the reasons stated therein. Defendant shall answer, file a motion to dismiss, or a motion to remand within 14 days after the United States has filed an answer or other responsive pleading. (BL) |
||
| Monday, May 06, 2024 | ||
| 4 | 4
motion
Extension of Time to File Answer
Mon 05/06 11:27 AM
MOTION for Extension of Time to File Answer , Move to Dismiss, or Move to Remand by Defendant John K. Lee. Responses due by 5/20/2024 (Thompson, James) |
|
| 3 | 3
notice
Notice of Appearance of Attorney
Mon 05/06 9:03 AM
NOTICE of Appearance of Attorney by James Matthew Thompson on behalf of John K. Lee (Thompson, James) |
|
| Friday, May 03, 2024 | ||
| 2 | 2
misc
Status Report
Fri 05/03 1:10 PM
STATUS REPORT by Jonathan R. Hoffman, Michael R. Pence, Gustave F. Perna, United States Air Force, United States Environmental Protection Agency. (Hoelzer, John) |
|
| Friday, April 26, 2024 | ||
| 1 | 1
cmp
Notice of Removal
Fri 04/26 2:29 PM
NOTICE OF REMOVAL from Sangamon County Circuit Court, case number 2023LA000279, filed by Michael R. Pence, United States Air Force, Gustave F. Perna, United States Environmental Protection Agency, Jonathan R. Hoffman.(MJC) |
|
|
Att: 1
Plaintiff's Application for Waiver of Court Fees,
|
||
|
Att: 2
Complaint,
|
||
|
Att: 3
Plaintiff's Change of Address or Name,
|
||
|
Att: 4
Fee Waiver Petition Approved,
|
||
|
Att: 5
Amended Complaint at Law,
|
||
|
Att: 6
Summonses,
|
||
|
Att: 7
Letter from Plaintiff,
|
||
|
Att: 8
Entry of Appearance - Quinn Johnston for Defendant John Lee,
|
||
|
Att: 9
Correspondence from Plaintiff re Continuance,
|
||
|
Att: 10
Plaintiff's Certification for Exemption for E-Filing,
|
||
|
Att: 11
Plaintiff's Motion to Continue or Extend Time,
|
||
|
Att: 12
Plaintiff's Motion for Default Judgment,
|
||
|
Att: 13
Affidavit of Refusal of Service,
|
||
|
Att: 14
Letter from Plaintiff,
|
||
|
Att: 15
Sangamon County Docket Sheet,
|
||
|
Att: 16
Civil Cover Sheet
|
||