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440 Civil Rights: Other | Illinois Northern
Minute
MINUTE entry before the Honorable Franklin U. Valderrama: Defendants KVC Health and KVC Niles filed a motion to dismiss Counts III and VII of Plaintiff's Second Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1-3) 359 . The Court sets the following briefing schedule on Defendants KVC Health and KVC Niles' motion to dismiss Counts III and VII of Plaintiff's Second Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1-3) 359 : Plaintiff's response is due on or before 7/22/2026; Defendants' reply is due on or before 8/5/2026. Defendants KVC Health and KVC Niles simultaneously filed a motion for summary judgment 363 . From the Court's perspective, it must decide the jurisdictional motion to dismiss before addressing the summary judgment motion, and accordingly terminates without prejudice the motion for summary judgment with leave to refile upon the Court's resolution of the pending motion to dismiss. The Court acknowledges that it previously denied Defendants KVC Health and KVC Niles' motion to dismiss for misjoinder, explaining that this may only be accomplished through a motion for summary judgment 351 . However, as previously stated, from the Court's perspective it must address the issue of jurisdiction first before addressing summary judgment. Finally, Before the Court is Defendants KVC Health and KVC Niles' motion for leave to file under seal 358 . Given the sensitive nature of this case and the documents Defendants seek to seal (which relate to a minor child), Defendants KVC Health and KVC Niles' motion for leave to file Certain Exhibits Under Seal 358 is granted in this instance. Moving forward, the Court directs Defendants KVC Health and KVC Niles to adhere to the Court's standing order regarding conferral with opposing party prior to motion filing. Mailed notice. (jcm) (Entered: 07/06/2026)
MINUTE entry before the Honorable Franklin U. Valderrama: Defendant Pathway filed a motion to dismiss Counts I and II of Plaintiff's Second Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1-3) 354 . The Court sets the following briefing schedule on Defendant motion to dismiss Counts I and II of Plaintiff's Second Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1-3) 354 : Plaintiff's response is due on or before 7/22/2026; Defendant's reply is due on or before 8/5/2026. Pathway simultaneously filed a motion for summary judgment 355 . From the Court's perspective, it must decide the jurisdictional motion to dismiss before addressing the summary judgment motion, and accordingly terminates without prejudice the motion for summary judgment with leave to refile upon the Court's resolution of the pending motion to dismiss. Mailed notice. (jcm) (Entered: 07/06/2026)
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