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Spesia & Taylor
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Filed: May 01, 2024 | Entered: May 01, 2024 Smith v. Village Of Crestwood et al
440(Civil Rights: Other) | Illinois Northern
Certificate
CERTIFICATE of Service this Court's Minute entry dated 4/30/2024 upon Plaintiff as instructed by this Court by Jeffrey S. Taylor on behalf of Corley, Crestwood Police Department, Village Of Crestwood (Taylor, Jeffrey) (Entered: 05/01/2024)
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Filed: April 30, 2024 | Entered: April 30, 2024 Smith v. Village Of Crestwood et al
440(Civil Rights: Other) | Illinois Northern
Minute
MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion to stay proceeding pending the outcome of her parallel criminal proceedings in the Circuit Court of Cook County 46 (citing Heck v. Humphrey, 512 U.S. 477, 114 S. Ct. 2364 (1941)) and Defendants' request to dismiss the case with leave to reinstate 49 . A court has the inherent power to manage its docket, and the power to stay proceedings is incidental to that power. Landis v. N. Am. Co., 299 U.S. 248, 25455 (1936). Based on the record, it is unclear that Plaintiff intends to prosecute this case, as she has flouted various Court orders, including failing to respond to written discovery served on her and failing to appear for status hearings 45 . Accordingly, considering dismissal with leave to reinstate "has the same effect of a stay" in this Circuit, and to avoid unnecessary status hearings, attorneys' fees and costs, the case is dismissed without prejudice and with full leave to reinstate via motion. See Arrieta v. Battaglia, 461 F.3d 861, 863 (7th Cir. 2006); Lewis v. Harrington, 2014 WL 585327, at *3 (C.D. Ill. Feb. 14, 2014). Dismissal with leave to reinstate preserves Plaintiff's claims provided that she moves to reinstate her case within 30 days of the conclusion of the parallel criminal proceedings in the Circuit Court of Cook County. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. The telephonic status hearing set for 5/9/24 48 is stricken. The Court directs Defendants' Counsel to send Plaintiff a copy of this minute entry by email within 48 hours. Civil case terminated. Mailed notice. (exr, ) (Entered: 04/30/2024)
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Filed: April 24, 2024 | Entered: April 24, 2024 A.F. Moore & Associates, Inc. et al v. Pappas et al
950(Constitutional - State Statute) | Illinois Northern
Minute
MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiffs' motion for leave to file third amended complaint 373 is taken under advisement. Any responses or objections are due by 5/7/2024. Mailed notice (air, ) (Entered: 04/24/2024)
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