Tate v. Lynch et al, No. 3:2013cv03060 - Document 91 (C.D. Ill. 2013)

Court Description: OPINION (See Written Opinion): 1) Plaintiff's second motion for a preliminary injunction/temporary restraining order is denied (d/e 38 ). 2) Plaintiff shall have until July 31, 2013 to file an amended complaint. 3) A conference is schedu led for August 12, 2013 at 10:00 a.m. to discuss setting new discovery deadlines and a trial date. Local counsel shall appear in person. Plaintiff's counsel shall appear by phone or video conference if available. Plaintiff shall appear by vi deo conference. The clerk is directed to issue a video writ to secure Plaintiff's presence at the conference. 4)If Plaintiff's counsel wish to speak to Plaintiff using the Court's video conference equipment in Urbana, Plaintiff' ;s counsel may contact the clerk in Urbana to make those arrangements. 5) Plaintiff has filed a pro se petition to proceed in forma pauperis on her appeal of the Court's denial of Plaintiff's first motion for a preliminary injunction. The Court does not see a good faith basis for an appeal of the denial of Plaintiff's first motion for a preliminary injunction. An appeal taken in "good faith" is not about the movant's sincerity or motivation. A good faith app eal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). However, Plaintiff may submit a brief explaining her grounds for appeal by July 5, 2013, after which th e Court will make a final ruling. Meanwhile, this case will continue. Chrysler Motors Corp. v. International Union, Allied Indus. Workers of America, AFL-CIO, 909 F.2d 248, 250 (7th Cir. 1990)("An interlocutory appeal does not divest the distr ict court of jurisdiction."); 11A Federal Practice and Procedure § 2962 (2d Ed) ("An appeal from the grant or denial of a preliminary injunction does not divest the trial court of jurisdiction or prevent it from taking other steps in t he litigation while the appeal is pending.") Plaintiff may file her brief to support her appeal pro se since her attorneys' appointment is limited to the proceedings before this Court. Entered by Judge Sue E. Myerscough on 6/13/2013. (Attachments: # 1 Attachment)(VM, ilcd)