-JAG Short v. Nolan et al, No. 1:2009cv01087 - Document 101 (C.D. Ill. 2011)

Court Description: OPINION and ORDER entered by Judge Joe Billy McDade on 3/22/11 69 Motion for Summary Judgment filed by Defendants Michael Nolan, Glenn Peters, and the Village of Dwight is DENIED AS MOOT. 76 Motion for Summary Judgment filed by Defendant Samuel F itzpatrick is DENIED AS MOOT. 89 Motion for Reconsideration filed by Plaintiff, Catherine Short is GRANTED IN PART. Plaintiff is granted leave to file a response to the corrected Motion for Summary Judgment 88 by April 5, 2011 (Response DDL). D efendant may file a reply within 8 days thereafter. 98 Motion for Leave to File Additional Affirmative Defenses filed by Defendant Samuel Fitzpatrick is GRANTED. Defendant to file additional affirmative defenses within 7 days of this Order (DDL 3/29/11) 99 Motion for Settlement filed by Defendants Michael Nolan, Glenn Peters, and the Village of Dwight is GRANTED. Defendants Michael Nolan, Glenn Peters and the Village of Dwight are DISMISSED WITH PREJUDICE. SEE FULL ORDER. (FDT, ilcd)

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-JAG Short v. Nolan et al Doc. 101 E-FILED Tuesday, 22 March, 2011 03:45:33 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS PEORIA DIVISION CATHERINE A. SHORT, ) ) Plaintiffs, ) ) v. ) ) MICHAEL NOLAN, SAMUEL ) FITZPATRICK, GLENN PETERS, THE ) VILLAGE OF DWIGHT, and CITY OF ) ) FAIRBURY, ) ) Defendants. Case No. 09 cv 1087 O P I N I O N and O R D E R Pursuant to the hearing held on March 22, 2011, the following is hereby ORDERED: 1. The Motion for Summary Judgment filed by Defendants Michael Nolan, Glenn Peters, and the Village of Dwight (Doc. 69) is DENIED AS MOOT. 2. The Motion for Summary Judgment filed by Defendant Samuel Fitzpatrick (Doc. 76) is DENIED AS MOOT. 3. The Motion for Reconsideration filed by Plaintiff, Catherine Short (Doc. 89) is GRANTED IN PART. Plaintiff is granted leave to file a response to the corrected Motion for Summary Judgment (Doc. 88) by April 5, 2011. Defendant may file a reply within 8 days thereafter. Dockets.Justia.com 4. The Motion for Leave to File Additional Affirmative Defenses filed by Defendant Samuel Fitzpatrick (Doc. 98) is GRANTED. Defendant to file additional affirmative defenses within 7 days of the date of this Order. 5. The Motion for Settlement filed by Defendants Michael Nolan, Glenn Peters, and the Village of Dwight (Doc. 99) is GRANTED. This Court specifically finds that the settlement is made in good faith. See 740 ILCS 100/2(c) and (d); Wreglesworth v. Artco, Inc., 740 N.E.2d 444, 449 (Ill. App. Ct. 2000). 6. Defendants Michael Nolan, Glenn Peters, and the Village of Dwight are DISMISSED WITH PREJUDICE. Entered this 22nd day of March, 2011 s/ Joe B. McDade JOE BILLY MCDADE United States Senior District Judge

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