Case Details

CourtCentral District of Illinois
Docket number3:11-cv-03414
Date case filed2011-11-10
Date case closed2015-05-14
Date of latest filing
Assigned toJudge Sue E. Myerscough
Case cause42:12101 Americans with Disabilities Act
Nature of suit440 Civil Rights: Other
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Lora J Wheatley
Party type: Plaintiff
Attorney name: John A Baker
Attorney Contact:
BAKER BAKER & KRAJEWSKI LLC
415 S Seventh St
Springfield, IL 62701
217-522-3445
Fax: 217-522-8234
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Factory Card and Party Outlet
Party type: Defendant
a division of Amscan Holdings, INC
Attorney name: Peter E Naylor
Attorney Contact:
BROWN HAY & STEPHENS LLP
205 S Fifth St Suite 700
PO Box 2459
Springfield, IL 62701
217-544-8491 ext 266
Fax: 217-241-1333
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Charles Yates Davis
Attorney Contact:
BROWN HAY & STEPHENS LLP
205 S Fifth St Suite 700
PO Box 2459
Springfield, IL 62701
217-544-8491
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Daniel K Wright
Attorney Contact:
BROWN HAY & STEPHENS LLP
Suite 700
205 S Fifth St
PO Box 2459
Springfield, IL 62705-2459
217-544-8491
Fax: 217-544-9609
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Stephanie Radliff Hammer
Attorney Contact:
GREENSFELDER HEMKER & GALE PC
Suite 2000
10 S Broadway
St Louis, MO 63102-1774
314-241-9090
Fax: 314-241-3643
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-11-10 COMPLAINT against Factory Card and Party Outlet (Filing fee $ 350.00, receipt #34626004295), filed by Lora J Wheatley. (Attachments: # 1 Civil Cover Sheet)(VM, ilcd) (Entered: 11/10/2011)
22011-11-21 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Factory Card and Party Outlet on November 16, 2011. (Attachments: # 1 Exhibit 1)(Baker, John) (Entered: 11/21/2011)
32012-01-09 WAIVER OF SERVICE Returned Executed by Lora J Wheatley. Factory Card and Party Outlet waiver sent on 11/16/2011, answer due 1/17/2012. (Baker, John) (Entered: 01/09/2012)
42012-01-16 NOTICE of Appearance of Attorney by Peter E Naylor on behalf of Factory Card and Party Outlet (Naylor, Peter) (Entered: 01/16/2012)
52012-01-16 NOTICE of Appearance of Attorney by Stephanie Marie Radliff on behalf of Factory Card and Party Outlet (Radliff, Stephanie) (Entered: 01/16/2012)
62012-01-16 ANSWER to 1 Complaint by Factory Card and Party Outlet.(Naylor, Peter) (Entered: 01/16/2012)
72012-02-14 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Lora J Wheatley. (Baker, John) (Entered: 02/14/2012)
82012-02-23 SCHEDULING ORDER: The Court has reviewed the Report of Rule 26(f) Planning Meeting 7 and adopts the suggested deadlines. The scheduling conference set 2/28/2012 is CANCELLED. TIME LIMITS AND SETTINGS ARE ORDERED AS FOLLOWS: Amended Pleadings due by 3/12/2012; Fact Discovery due by 12/10/2012; Defendant`s Expert Disclosure due by 7/15/2012; Plaintiff`s Expert Disclosure due by 5/15/2012; Expert Discovery due by 12/10/2012; Initial Disclosures due by 4/10/2012; Joinder of Parties due by 3/12/2012; Dispositive Motions due by 1/21/2013. Final Pretrial Conference set 5/6/2013 at 11:00 AM in Courtroom 1 in Springfield before U.S. District Judge Sue E. Myerscough. Jury Trial set 5/21/2013 at 9:00 AM before Judge Myerscough. See written order entered by U.S. Magistrate Judge Byron G. Cudmore on 2/23/2012. (Attachments: # 1 Mediation Memorandum, # 2 Courtroom Technology Brochure) (LB, ilcd) (Entered: 02/23/2012)
92012-04-10 NOTICE of Defendant's Initial Disclosures Pursuant to Fed R. Civ. P. 26 (Naylor, Peter) (Entered: 04/10/2012)
102012-08-10 CERTIFICATE OF SERVICE by Factory Card and Party Outlet (Naylor, Peter) (Entered: 08/10/2012)
112012-09-29 CERTIFICATE OF SERVICE by Factory Card and Party Outlet (Naylor, Peter) (Entered: 09/29/2012)
122013-02-06 NOTICE of Change of Address by Stephanie Radliff Hammer (Hammer, Stephanie) (Entered: 02/06/2013)
132013-03-29 MOTION to Continue by Defendant Factory Card and Party Outlet. Responses due by 4/15/2013 (Naylor, Peter) (Entered: 03/29/2013)
142013-04-11 STRICKEN per Text Order entered on 4/12/13. NOTICE of Appearance of Attorney by Peter E Naylor on behalf of Factory Card and Party Outlet (Naylor, Peter) Modified on 4/12/2013 (VM, ilcd). (Entered: 04/11/2013)
152013-04-11 NOTICE of Appearance of Attorney by Charles Yates Davis on behalf of Factory Card and Party Outlet (Davis, Charles) (Entered: 04/11/2013)
162013-05-17 MOTION to Cancel Mediation, Reopen Discovery, and Schedule a Case Management Conference by Defendant Factory Card and Party Outlet. Responses due by 6/3/2013 (Davis, Charles) (Entered: 05/17/2013)
172013-05-19 RESPONSE to Motion re 16 MOTION to Cancel Mediation, Reopen Discovery, and Schedule a Case Management Conference filed by Plaintiff Lora J Wheatley. (Baker, John) (Entered: 05/19/2013)
182013-10-25 NOTICE to Take Deposition of Lora J. Wheatley on December 10, 2013 (Naylor, Peter) (Entered: 10/25/2013)
192013-12-03 NOTICE of Appearance of Attorney by Daniel K Wright on behalf of Factory Card and Party Outlet (Wright, Daniel) (Entered: 12/03/2013)
202013-12-03 MOTION in Limine to Bar Evidence of Defendant's Prior Conduct by Defendant Factory Card and Party Outlet. Responses due by 12/20/2013 (Wright, Daniel) (Entered: 12/03/2013)
212014-01-29 MEMORANDUM in Opposition re 20 MOTION in Limine to Bar Evidence of Defendant's Prior Conduct filed by Plaintiff Lora J Wheatley. (Baker, John) (Entered: 01/29/2014)
222014-01-30 MOTION for Leave to File Summary Judgment by Defendant Factory Card and Party Outlet. Responses due by 2/18/2014 (Attachments: # 1 Exhibit Motion for Summary Judgment)(Wright, Daniel) (Entered: 01/30/2014)
232014-01-31 MOTION for Summary Judgment by Defendant Factory Card and Party Outlet. Responses due by 2/21/2014 (Attachments: # 1 Supplement)(VM, ilcd) Response date corrected to 2/21/2014 per Text Order--Modified on 2/4/2014 (DM, ilcd). (Entered: 01/31/2014)
242014-02-06 NOTICE OF FILING OFFICIAL TRANSCRIPT of Proceedings held on 10/22/2013, before Judge Sue E. Myerscough. Court Reporter/Transcriber Kathy Sullivan, Telephone number 217-492-4810. Transcript purchased by: John Baker. IMPORTANT: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Motion of Requested Redactions shall be e-filed with the Court. Access to this motion will be restricted to the Court and the attorneys of record in the case. If no such Notice and Motion are filed, the transcript may be made remotely, electronically available to the public, without redaction, 90 days from the date initially filed. Any party needing a copy of the transcript to review for redaction purposes may view the transcript at the Clerk's Office public terminal or contact the Court Reporter for purchase. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/3/2014. Redacted Transcript Deadline set for 3/13/2014. Release of Transcript Restriction set for 5/12/2014. (VM, ilcd) (Entered: 02/06/2014)
252014-02-14 MOTION for Reconsideration re Order on Motion for Leave to File,, Terminate Deadlines and Hearings,,,,,,,,,,,,,,, by Plaintiff Lora J Wheatley. Responses due by 3/3/2014 (Attachments: # 1 Exhibit)(Baker, John) (Entered: 02/14/2014)
262014-03-03 MEMORANDUM in Opposition re 23 MOTION for Summary Judgment filed by Plaintiff Lora J Wheatley. (Attachments: # 1 Exhibit 1a, # 2 Exhibit 1b, # 3 Exhibit 2, # 4 Exhibit 3)(Baker, John) (Entered: 03/03/2014)
272014-03-17 RESPONSE to Motion re 23 MOTION for Summary Judgment filed by Defendant Factory Card and Party Outlet. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Wright, Daniel) (Entered: 03/17/2014)
282014-03-24 MOTION for Leave to File response brief to defendant's reply in support of its motion for summary judgment by Plaintiff Lora J Wheatley. Responses due by 4/10/2014 (Baker, John) (Entered: 03/24/2014)
292014-04-11 REPLY to Response to Motion re 23 MOTION for Summary Judgment (Plaintiff's Sur-Reply) filed by Plaintiff Lora J Wheatley. (Baker, John) (Entered: 04/11/2014)
302014-04-21 MOTION for Leave to File Brief in Response to Plaintiff's "Surreply in Opposition to Defendant's Motion for Summary Judgment" by Defendant Factory Card and Party Outlet. Responses due by 5/8/2014 (Attachments: # 1 Exhibit)(Wright, Daniel) (Entered: 04/21/2014)
312014-09-30 OPINION (See Written Opinion): The Court concludes that a genuine question of material fact exists about whether Wheatley was able to work on July 11, 2009 with a walking boot, and that she was not estopped from bringing her disability claim. Therefore, FCPO's Motion for Summary Judgment (d/e 23 ) is DENIED. Entered by Judge Sue E. Myerscough on 9/30/2014. (VM, ilcd) (Entered: 09/30/2014)
322014-10-28 MOTION for Reconsideration re 31 Order on Motion for Summary Judgment, by Defendant Factory Card and Party Outlet. Responses due by 11/17/2014 (Wright, Daniel) (Entered: 10/28/2014)
332014-11-17 MEMORANDUM in Opposition re 32 MOTION for Reconsideration re 31 Order on Motion for Summary Judgment, filed by Plaintiff Lora J Wheatley. (Baker, John) (Entered: 11/17/2014)
342014-12-16 OPINION: The Defendant's Motion for Reconsideration 32 is DENIED. (SEE WRITTEN OPINION). Entered by Judge Sue E. Myerscough on 12/16/2014. (GL, ilcd) (Entered: 12/16/2014)
352015-03-18 MOTION in Limine to Bar Evidence of Plaintiff's Ability to Return to Work with a "Walking Boot" by Defendant Factory Card and Party Outlet. Responses due by 4/6/2015 (Wright, Daniel) (Entered: 03/18/2015)
362015-03-19 MOTION in Limine to Bar Evidence of Defendant's Prior Conduct by Defendant Factory Card and Party Outlet. Responses due by 4/6/2015 (Wright, Daniel) (Entered: 03/19/2015)
372015-03-23 Exhibit List by Lora J Wheatley. (Baker, John) (Entered: 03/23/2015)
392015-03-23 First MOTION in Limine by Plaintiff Lora J Wheatley. Responses due by 4/9/2015 (Baker, John) (Entered: 03/23/2015)
402015-03-23 Proposed Jury Instructions by Lora J Wheatley. (Baker, John) (Entered: 03/23/2015)
412015-03-23 CERTIFICATE Plaintiff's Proposed Statement of the Case. (Baker, John) (Entered: 03/23/2015)
422015-03-23 RESPONSE to Motion re 35 MOTION in Limine to Bar Evidence of Plaintiff's Ability to Return to Work with a "Walking Boot", 36 MOTION in Limine to Bar Evidence of Defendant's Prior Conduct filed by Plaintiff Lora J Wheatley. (Attachments: # 1 Exhibit Plaintiff's Initial Disclosures Part 1, # 2 Exhibit Plaintiff's Initial Disclosures Part 2, # 3 Exhibit Plaintiff's Initial Disclosures Certificate of Service, # 4 Exhibit Defendant's Initial Disclosures)(Baker, John) (Entered: 03/23/2015)
432015-03-24 Exhibit List and Witness List by Factory Card and Party Outlet. (Wright, Daniel) (Entered: 03/24/2015)
442015-03-26 RESPONSE to Motion re 39 First MOTION in Limine filed by Defendant Factory Card and Party Outlet. (Wright, Daniel) (Entered: 03/26/2015)
452015-03-27 MOTION for Leave to File Reply Regarding Motion in Limine to Bar Evidence of Plaintiff's Ability to Return to Work with a Walking Boot by Defendant Factory Card and Party Outlet. Responses due by 4/13/2015 (Attachments: # 1 Exhibit A)(Wright, Daniel) (Entered: 03/27/2015)
462015-03-27 Proposed Jury Instructions by Factory Card and Party Outlet. (Wright, Daniel) (Entered: 03/27/2015)
472015-03-29 Response by Lora J Wheatley re 46 Proposed Jury Instructions . (Baker, John) (Entered: 03/29/2015)
482015-03-30 AFFIDAVIT of Service for Subpoena to Appear at Trial served on Foster Bliss on March 25, 2015, filed by Factory Card and Party Outlet. (Wright, Daniel) (Entered: 03/30/2015)
492015-03-30 REPLY to Memorandum in Opposition to Defendant's 35 MOTION in Limine to Bar Evidence of Plaintiff's Ability to Return to Work with a "Walking Boot" filed by Defendant Factory Card and Party Outlet. (DM, ilcd) (Entered: 03/30/2015)
502015-03-31 NOTICE of Removing Witness from Witness List (Baker, John) (Entered: 03/31/2015)
512015-04-01 MOTION for Leave to File Renewed Motion for Summary Judgment by Defendant Factory Card and Party Outlet. Responses due by 4/20/2015 (Attachments: # 1 Exhibit A, # 2 Exhibit 1)(Wright, Daniel) (Entered: 04/01/2015)
522015-04-02 RENEWED MOTION for Summary Judgment by Defendant Factory Card and Party Outlet. Responses due by 4/9/2015 per 4/2/2015 Text Order. (Attachments: # 1 Exhibits)(ME, ilcd) (Entered: 04/02/2015)
532015-04-09 RESPONSE to Motion re 52 MOTION for Summary Judgment filed by Plaintiff Lora J Wheatley. (Attachments: # 1 Exhibit 1)(Baker, John) (Entered: 04/09/2015)
542015-04-10 AFFIDAVIT of Service for Subpoena to Appear at Trial served on Pamela Broderick on March 24, 2015, filed by Factory Card and Party Outlet. (Wright, Daniel) (Entered: 04/10/2015)
552015-05-14 OPINION (See Written Opinion): FCPO's Renewed Motion for Summary Judgment (d/e 52 ) is GRANTED. The Clerk is directed to close this case. Entered by Judge Sue E. Myerscough on 5/14/2015. (VM, ilcd) (Entered: 05/14/2015)
562015-05-14 JUDGMENT in favor of Factory Card and Party Outlet against Lora J Wheatley (VM, ilcd) (Entered: 05/14/2015)
572015-05-18 NOTICE OF APPEAL as to 55 Order Dismissing Case by Lora J Wheatley. Filing fee $ 505, receipt number 0753-2076999. (Baker, John) (Entered: 05/18/2015)
582015-05-18 DOCKETING STATEMENT by Lora J Wheatley re 57 Notice of Appeal (Baker, John) (Entered: 05/18/2015)
592015-05-19 Short Record of Appeal Sent to US Court of Appeals re 57 Notice of Appeal (VM, ilcd) (Entered: 05/19/2015)
602015-05-19 NOTICE of Docketing Record on Appeal from USCA re 57 Notice of Appeal filed by Lora J Wheatley. USCA Case Number 15-2083 (Attachments: # 1 Notice of Case Opening)(VM, ilcd) (Entered: 05/19/2015)
612015-06-24 MOTION Check out Record on Appeal by Plaintiff Lora J Wheatley. Responses due by 7/13/2015 (Baker, John) (Entered: 06/24/2015)
622015-06-30 Letter from Clerk to Attorney John Baker regarding record of appeal. (VM, ilcd) (Entered: 06/30/2015)
632015-08-12 MOTION to Receive a Copy of the Record on Appeal by Defendant Factory Card and Party Outlet. Responses due by 8/31/2015 (Wright, Daniel) (Entered: 08/12/2015)
642015-08-12 Letter from Clerk to Attorney Daniel K. Wright regarding record of appeal. (VM, ilcd) (Entered: 08/12/2015)
652015-10-08 Request from USCA for Long Record re 57 Notice of Appeal. (VM, ilcd) (Entered: 10/08/2015)
662015-10-08 Letter of Transmittal/Certification sent to USCA via U.S Mail re 57 Notice of Appeal consisting of 13 volumes of Pleadings and 1 Volume of Transcripts (VM, ilcd) (Entered: 10/08/2015)
672015-10-13 Long Record Received as to 57 Notice of Appeal. (VM, ilcd) (Entered: 10/14/2015)
682016-07-05 MANDATE of USCA as to 57 Notice of Appeal filed by Lora J Wheatley. The judgment of the District Court is AFFIRMED, with costs, in accordance with thedecision of this court entered on this date. (Attachments: # 1 Final Judgment, # 2 Notice of Issuance of Mandate)(SW, ilcd) (Entered: 07/05/2016)