Mishaga v. Monken

U.S. District Court
CENTRAL DISTRICT OF ILLINOIS (Springfield)
CIVIL DOCKET FOR CASE #: 3:10-cv-03187-SEM

Mishaga v. Monken
Assigned to: Judge Sue E. Myerscough
Cause: 28:1983 Civil Rights
Date Filed: 07/27/2010
Jury Demand: None
Nature of Suit: 950 Constitutional – State Statute
Jurisdiction: Federal Question

Summary/Issues: 2A; Challenges law prohibiting non residents from possessing firearms or FOID card on 2A, Discrimination, and Right to Travel (P&I) grounds.

Filing DateFiling PartyDocument Description
12/2/2014DefendantDefendants’ Reply to Plaintiff’s Motion to Strike and Response to Defendants’ Supplemental Brief
11/28/2014PlaintiffPlaintiffs’ Motion to Strike and Response to Defendants’ Supplemental Brief
11/14/2014DefendantDefendants’ Renewed Motion for Summary Judgment and Response to Plaintiff’s Motion for Summary Judgment Filed October 31, 2014
10/31/2014PlaintiffPlaintiff’s Motion for Summary Judgment Exhibit 6 Illinois State Police Department Spreadsheet
10/31/2014PlaintiffPlaintiff’s Motion for Summary Judgment Exhibit 5 to Deposition of Master Sergeant Michael Vorreyer
10/31/2014PlaintiffPlaintiff’s Motion for Summary Judgment Exhibit 4 Deposition of Master Sergeant Michael Vorreyer
10/31/2014PlaintiffPlaintiff’s Motion for Summary Judgment Exhibit 3 to Deposition of Ellen Mishaga
10/31/2014PlaintiffPlaintiff’s Motion for Summary Judgment Exhibit 2 Declaration of James L. Telzrow
10/31/2014PlaintiffPlaintiff’s Motion for Summary Judgment Exhibit 1 Deposition of Ellen Mishaga
10/31/2014PlaintiffPlaintiff’s Motion for Summary Judgment (Oral Argument Requested)
10/31/2014DefendantDefendants’ Supplemental Brief Pursuant to Order Dated September 30, 2014
10/7/2014CourtTEXT ORDER: Plaintiff’s Motion to Substitute Attorney (d/e 36 ) is GRANTED. Steven J. Lechner to replace James M. Manley as lead attorney and counsel of record. Entered by Judge Sue E. Myerscough on 10/7/2014. (MJ, ilcd)
9/30/2014CourtOrder Denying Motions for Summary Judgment with Leave to Refile
8/25/2014PlaintiffMotion to Substitute Counsel
8/25/2014PlaintiffNotice re Previously Filed Motion for Summary Judgment
4/28/2014PlaintiffPlaintiff’s Supplemental Brief
4/28/2014DefendantDefendants’ Supplemental Brief Pursuant to Court’s Order Dated March 28, 2014
3/28/2014CourtTEXT ORDER: On or before April 28, 2014, the parties are DIRECTED to file supplemental briefs on the issue of the exceptions to Illinois’s Firearm Owners Identification Card Act, see 430 ILCS 65/2(b), in light of changes in Illinois law as articulated in Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012), People v. Aguilar, 2 N.E.3d 321 (Ill. 2013), and Illinois Public Act 098-0063 (the “Firearm Concealed Carry Act”). Entered by Judge Sue E. Myerscough on 3/28/2014.
11/8/2013PlaintiffNotice Re MSJ
7/29/2013CourtTEXT ORDER: Defendants’ Motion to Substitute Attorney is GRANTED. The Clerk shall remove Joanna Belle Gunderson and Bianca Chapman as counsel for Defendants. Deborah Barnes will remain as the lead attorney to be noticed for Defendants. Entered by Judge Sue E. Myerscough on 7/29/2013. (MJ, ilcd) (Entered: 07/29/2013)
7/26/2013DefendantDefendants’ Response to Plaintiff’s Submission of Supplemental Authority
7/26/2013DefendantDefendants’ Motion to Substitute Counsel
7/12/2013PlaintiffPlaintiff’s Second Notice of Supplemental Authority
12/15/2012PlaintiffPlaintiff’s Notice of Supplemental Authority
1/10/2012CourtTEXT ORDER: The Parties have filed a Joint Motion to Vacate Trial and Associated Pre-trial Deadlines (d/e 27) (Motion). For good cause shown, the Motion is GRANTED. The Final Pretrial Conference set for January 23, 2012 and the Jury Trial set for February 7, 2012 are VACATED and will be rescheduled as needed after this Court rules on the pending motions for summary judgment (see d/e 19, 22). Entered by Judge Sue E. Myerscough on 1/10/2012.
1/5/2012PlaintiffPlaintiff’s Supplemental Brief
11/17/2011CourtTEXT ORDER: Due to a scheduling conflict, the Final Pretrial Conference is RESET to January 23, 2012, at 11:00 a.m. in Courtroom 1 in Springfield before Judge Sue E. Myerscough. The Jury Trial is RESET to February 7, 2012, at 9:00 a.m. before Judge Myerscough. Entered by Judge Sue E. Myerscough on 11/17/2011.
11/10/2011PlaintiffPlaintiff’s Reply in Support of MSJ
11/10/2011DefendantDefendants’ Reply in Support of MSJ
10/27/2011PlaintiffPlaintiff’s Response in Opposition to Defendants’ MSJ
10/24/2011DefendantsDefendants’ Response to Plaintiff’s MSJ
10/3/2011PlaintiffMotion for Summary Judgment
10/3/2011DefendantMemorandum of Law in Support of MSJ
10/3/2011DefendantMotion for Summary Judgment
9/26/2011CourtTEXT ORDER: Magistrate Judge Charles Evans recuses himself from this case and transfers case to Magistrate Judge Byron Cudmore for all further proceedings. Entered by Magistrate Judge Byron G. Cudmore on 9/19/2011.
9/19/2011CourtTEXT ORDER: Magistrate Judge Charles Evans recuses himself from this case and transfers case to Magistrate Judge Byron Cudmore for all further proceedings. Entered by Magistrate Judge Byron G. Cudmore on 9/19/2011.
9/19/2011CourtTEXT ORDER by Magistrate Judge Byron Cudmore: Judge Cudmore recuses himself from this litigation. Entered on 9/26/2011.
5/20/2011DefendantDefendant Grau’s Answer to Amended Complaint
5/20/2011DefendantDefendant Vorreyer’s Answer to Amended Complaint
3/21/2011TEXT ORDER: On Court’s own motion the Bench Trial scheduled for January 9, 2012 and the Final Pretrial Conference scheduled for December 22, 2011 are canceled. The Bench Trial is reset for Tuesday, January 3, 2012 at 9:00 am in Courtroom 1. The Final Pretrial Conference is reset for Monday, December 19, 2011 at 10:00 am in Courtroom 1. Entered by Judge Sue E. Myerscough on 3/21/2011.
3/18/2011CourtEXT ORDER: 3/18/2011 text order setting trial corrected to read bench trial. Bench Trial set for 1/9/2012 at 09:00 AM in Courtroom 1 in Springfield before Judge Sue E. Myerscough. Entered by Judge Sue E. Myerscough on 3/18/2011.
3/18/2011CourtTEXT ORDER: Pursuant to case reassignment of 3/18/2011, the Final Pretrial Conference and Trial have been reset. Final Pretrial Conference set for 12/22/2011 at 02:30 PM in Courtroom 1 in Springfield before Judge Sue E. Myerscough. Jury Trial set for 1/9/2012 at 09:00 AM in Courtroom 1 in Springfield before Judge Sue E. Myerscough. Entered by Judge Sue E. Myerscough on 3/18/2011.
3/18/2011CourtTEXT ORDER: Pursuant to instructions from Chief U.S. District Judge Michael P. McCuskey, this case is transferred to U.S. District Judge Sue E. Myerscough for further proceedings due to her recent appointment as U.S. District Judge for the Central District of Illinois, Springfield Division. Entered by Chief Judge Michael P. McCuskey on 3/18/2011.
3/1/2011CourtTEXT ORDER: Unopposed Motion for Leave to File First Amended Complaint (d/e 12). Motion ALLOWED. Plaintiff is directed to file the proposed First Amended Complaint in the form submitted with this motion. Entered by Magistrate Judge Charles H. Evans on 3/1/2011.
3/1/2011PlaintiffAmended Complaint
1/25/2011CourtMINUTE ENTRY: for proceedings on 1/25/11. Telephone status/scheduling hearing held. Status, scheduling, further proceedings considered. Attys Manley and Gunderson present. Scheduling time limits ordered: (1) No motions to join other parties and to amend pleadings to be filed after 3/1/11; (2) 4/1/11 for plaintiff to identify Rule 26 testifying experts and provide Rule 26 reports; (3) 6/1/11 for defendant to identify Rule 26 testifying experts and provide Rule 26 reports; (4) 8/1/11 for ALL parties to complete ALL discovery, including expert discovery; (5) 10/3/11 to file dispositive motions; (6) 12/22/11 at 2:30 p.m. for Final Pre-trial Conference (IN PERSON) in Courtroom 1 in Springfield, Illinois, before Chief U. S. District Judge Michael P. McCuskey; and (7) 1/9/12 at 9:00 a.m. for Trial in Courtroom 1 in Springfield before Chief Judge McCuskey. Any conflicts between scheduling order and proposed discovery plan shall be controlled by scheduling order. See written order. Entered by Mag. Judge Evans on 1/25/11.
1/5/2011CourtTEXT ORDER: Due to a conflict in court schedule, the TELEPHONE Status/scheduling conference set 1/11/11 is CANCELED and RESET TO: TUESDAY, JANUARY 25, 2011, at 10:00 a.m. All other provisions set forth in the 12/20/10 text order regarding submission of proposed discovery plan remains unchanged. Attorneys are directed to file, by January 20, 2011, their proposed discovery plan. Entered by Magistrate Judge Charles H. Evans on 01/05/2011.
12/20/2010CourtTEXT ORDER: TELEPHONE Status/Scheduling is set for TUESDAY, JANUARY 11, 2011, at 10:00 a.m.. (CENTRAL TIME). (Court will initiate call) 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 at least four (4) days prior to the scheduling conference. 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(E) with proposed deadlines. The parties are directed to specifically address any plans or need for discovery or disclosure of electronically stored information and agreements for asserting claims of privilege or of protection as trial preparation material, after inadvertent production. If a discovery plan is not submitted as required or if lead counsel is unavailable for the scheduling conference (without prior approval by the Court), the Court will take such action as deemed appropriate. Entered by Mag. Judge Charles Evans on 12/20/10.
12/17/2010DefendantAnswer to Complaint
11/22/2010CourtOrder Denying Motion to Dismiss
11/22/2010CourtSet/Reset Deadlines: Jonathon Monken answer due 12/17/2010. (CT, ilcd)
10/26/2010PlaintiffOpposition to Motion to Dismiss
10/15/2010DefendantMotion to Dismiss
10/12/2010CourtTEXT ORDER: Motion for Enlargement of Time (d/e 4). Motion ALLOWED. Time extended to and including October 15, 2010, for defendant to plead to complaint. Entered by Magistrate Judge Charles H. Evans on 10/12/2010.
8/23/2010CourtNotice of Docket Text or Event Modification re 3 Summons Returned Executed. Answer date corrected to read 10/8/2010. Defendant is a State of Illinois employee (60 days to answer). Incorrect Summons Returned Executed event selected was 21 days. (ME, ilcd) (Entered: 08/23/2010)
8/23/2010CourtSet/Reset Deadlines: Jonathon Monken answer due 10/8/2010 pursuant to Summons Returned Executed (d/e 3).
7/29/2010CourtTEXT ORDER entered by Chief Judge Michael P. McCuskey on 7/29/2010. This case is reassigned to Chief Judge Michael P. McCuskey for further proceedings as the Chief Judge deems appropriate in the proper administration of justice. The case will remain a Springfield Division case, and the referral Magistrate Judge shall remain the same.
7/27/2010PlaintiffComplaint