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- ilnd;;1:11-cv-02518_de92 RegisterActionDate "2012-03-30" @default.
- ilnd;;1:11-cv-02518_de92 RegisterActionDescriptionText "MINUTE entry before Honorable Edmond E. Chang: The Court is still considering the motion to dismiss 47 , but addresses two other preliminary motions in this order. First, on Defendant's motion to strike 20 paragraphs 27 to 29 of the amended complaint, the motion is granted in part and denied in part. Paragraphs 27 and 28, as alleged, do not reflect evidence of a compromise, or attempt to compromise, the claim. Fed. R. Evid. 408(a)(1). Nor do those paragraphs reflect evidence of compromise negotiations. Fed. R. Evid. 408(a)(2). Accordingly, those paragraphs may stand. If further evidence shows otherwise (if the case proceeds), then Defendants may move in limine, at the appropriate time, to preclude the allegations. The second and third sentences of Paragraph 29, however, do reflect compromise negotiations, and are deemed stricken (there is no need to file another amended complaint; if Defendants are required to answer, they need not respond to those sentences). If the case proceeds forward and Plaintiff is later able to articulate some other theory of relevancy that does not run afoul of Rule 408 (Plaintiff's current relevancy theory, as stated in his response, is inseparable from proving validity of the claim), then Plaintiff may make that argument at the appropriate time. Second, on Defendant DeRea's motion to reconsider 43 the denial of the transfer motion, the motion to reconsider is denied. No party or witness resides in the District of Columbia, so transfer there makes little sense, and disregards Defendant MSH's location here in Illinois. Transfer to Maryland (a request not initially sought) would at least put the case in a district where a party (Plaintiff, who resists transfer) and witnesses reside. But DeRea has not established that venue would be proper in Maryland because none of the alleged events took place there, and there is even doubt that personal jurisdiction could be exercised over Defendant MSH in that District. Accordingly, DeRea's motion to reconsider 43 the denial of the transfer motion is denied. Mailed notice (slb, ) (Entered: 03/30/2012)" @default.
- ilnd;;1:11-cv-02518_de92 AdministrativeID "91" @default.
- ilnd;;1:11-cv-02518_de92 hasReferenceToOtherEntry ilnd;;1:11-cv-02518_de21 @default.
- ilnd;;1:11-cv-02518_de92 hasReferenceToOtherEntry ilnd;;1:11-cv-02518_de44 @default.
- ilnd;;1:11-cv-02518_de92 hasReferenceToOtherEntry ilnd;;1:11-cv-02518_de48 @default.