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- ilcd;;3:16-cv-03214_de59 RegisterActionDate "2019-05-14" @default.
- ilcd;;3:16-cv-03214_de59 RegisterActionDescriptionText "TEXT ORDER: On April 20, 2018, after briefing on Defendant Western Community School District No. 12's Motion for Summary Judgment 27 was complete, Plaintiff 5C4DFF5 filed a Stipulation for Dismissal 36 signed on behalf of Plaintiff and Western Community School District No. 12 (District), thereby voluntarily dismissing this case, without prejudice, pursuant to Rule 41(a)(1)(A)(ii). The Stipulation of Dismissal noted that the District was expressly reserving all rights under Rule 41(d) of the Federal Rules of Civil Procedure. On April 16, 2019, almost a year after the voluntary dismissal, Plaintiff filed a pro se Amended Complaint 41 , which includes the three claims brought in Plaintiff's Complaint 1 against the District. Two of these claims are brought under Title VII of the Civil Rights Act of 1964. Along with the Amended Complaint, Plaintiff filed a portion of a letter 38 , dated May 10, 2018, sent to Plaintiff in which one of his former attorneys in this case noted that Plaintiff had been advised by counsel not to refile this case and that the attorney's firm would not represent Plaintiff if this case was refiled. The letter also apprised Plaintiff that if this case was refiled, the case could be stayed pursuant to Rule 41(d). If a plaintiff who previously dismissed an action files an action including the same claims against the same defendant, the Court may "order the plaintiff to pay all or part of the costs of that previous action" and "may stay the proceedings until the plaintiff has complied." Fed. R. Civ. P. 41(d). The District has supplied the Court with documentation supporting its claim that it incurred $3,524.00 in expenses and $64,161.25 in attorney's fees prior to the voluntary dismissal of this case on April 20, 2018. Given the facts set forth above, the Court, pursuant to Rule 41(d), STAYS this case until Plaintiff has paid the District $3,524.00 for expenses incurred in this case up to and including April 20, 2018. Although the Court acknowledges that Seventh Circuit precedent authorizes the Court to require Plaintiff to also pay the District's attorney's fees, the Court declines to do so, as Plaintiff is not forum shopping and most of the work performed by the District's counsel to this point will be useful in the event this case proceeds. Entered by Judge Sue E. Myerscough on 05/14/2019. (SKN, ilcd) (Entered: 05/14/2019)" @default.
- ilcd;;3:16-cv-03214_de59 AdministrativeID "None" @default.
- ilcd;;3:16-cv-03214_de59 hasJudgeReference SJ001511 @default.
- ilcd;;3:16-cv-03214_de59 hasReferenceToOtherEntry ilcd;;3:16-cv-03214_de0 @default.
- ilcd;;3:16-cv-03214_de59 hasReferenceToOtherEntry ilcd;;3:16-cv-03214_de34 @default.
- ilcd;;3:16-cv-03214_de59 hasReferenceToOtherEntry ilcd;;3:16-cv-03214_de44 @default.
- ilcd;;3:16-cv-03214_de59 hasReferenceToOtherEntry ilcd;;3:16-cv-03214_de47 @default.
- ilcd;;3:16-cv-03214_de59 hasReferenceToOtherEntry ilcd;;3:16-cv-03214_de48 @default.