Case Activity (182)

1. Filed: November 22, 2024 | Entered: November 22, 2024 Rogers v. City Of Harvey et al

   440 Civil Rights: Other | Illinois Northern

   Minute

   MINUTE entry before the Honorable Martha M. Pacold: In the 11/4/2024 order, 202 , the court stated that unless either party objected by 11/11/2024, the court would enter final judgment dismissing with prejudice all of plaintiff's claims against defendants City of Harvey, Eric J. Kellogg, Denard Eaves, and Officer J. Winston. No party has objected. Accordingly, all of plaintiff's claims against defendants City of Harvey, Eric J. Kellogg, Denard Eaves, and Officer J. Winston are dismissed with prejudice. Civil case terminated. (rao, ) (Entered: 11/22/2024)

2. Filed: November 04, 2024 | Entered: November 04, 2024 Rogers v. City Of Harvey et al

   440 Civil Rights: Other | Illinois Northern

   Minute

   MINUTE entry before the Honorable Martha M. Pacold: The hearing set for 11/4/24 is stricken. Plaintiff's motion to enforce settlement, 192 , is denied as moot. See [199-3] at 2 (plaintiff counsel acknowledging that he received full settlement amount on 7/11/24). Plaintiff's motion for attorney's fees, 193 , is also denied. Plaintiff seeks attorney's fees under 42 U.S.C. § 1988 for Michael G. Kelly's work in preparing and filing the motion to enforce settlement. Section 1988 states, in relevant part, that "[i]n any action or proceeding to enforce" section 1983, "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." Here, however, plaintiff's motion to enforce settlement, 192 , does not seek "to enforce" section 1983. Rather, the motion seeks "to enforce" the 8/22/23 settlement contract between plaintiff and defendants. See [199-2] at 13-18. A dispute over the interpretation and enforcement "of the settlement agreement is a legal matter distinct from the underlying litigation." Neuberg v. Michael Reese Hosp. Found., 123 F.3d 951, 955 (7th Cir. 1997); cf. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 381 (1994) (explaining that motion to enforce settlement "involves a claim for breach of a contract, part of the consideration for which was dismissal of an earlier federal suit"). In the alternative, plaintiff argues that the court's inherent powers to sanction a party allows plaintiff to collect attorney's fees. Plaintiff does not adequately explain why defendants' delay in paying the settlement amount constitutes sanctionable misconduct. Absent sanctionable conduct, "[t]here is no general rule that attorney's fees should be awarded on a successful motion to enforce a settlement agreement." Torres v. Costich, 935 F. Supp. 2d 232, 236 (W.D.N.Y. 1996). Unless any party files an objection by 11/11/24, the court will enter final judgment dismissing with prejudice all of the claims of plaintiff, Truman Rogers, against defendants, City of Harvey, Eric J. Kellogg, Denard Eaves, and Officer J. Winston. (ntf, ) (Entered: 11/04/2024)

3. 180 additional result(s)