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Steinway v. Village of Pontoon Beach

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 18, 2009

MICHAEL R. STEINWAY AND PEGGY A. STEINWAY AND DAVID W. CROWELL, PLAINTIFFS,
v.
THE VILLAGE OF PONTOON BEACH, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

On August 27, 2008, the Court entered an Order (Doc. 72) which stayed this case pending the outcome of plaintiff Peggy Steinway's underlying state criminal proceedings. The Order also directed Plaintiffs to file a Status Memorandum every 60 days, informing the Court of the status of her state court proceedings. On February 13, 2009, Plaintiffs filed their Third Status Report (Doc. 78). In this Report, Plaintiffs state that Peggy Steinway's two misdemeanor complaints filed in the Circuit Court for the Third Judicial Circuit of Illinois have been resolved as follows: (1) a plea of GUILTY as to case 06-cv-400020 "Obstructing a Police Officer," as AMENDED to a charge of "Disorderly Conduct," pursuant to 720 ILL.COMP.STAT. 5/26-1(A)(1), with a payment of $100 in fines and costs; and (2) case 06-cv-40021 "Resisting a Peace Officer" was DISMISSED WITH PREJUDICE. Because plaintiff Peggy Steinway's underlying state criminal proceedings have been resolved, the Court hereby LIFTS THE STAY in this case.

Further, in their Report, Plaintiffs consent to the dismissal of the following claims: as to Count 4, Plaintiffs consent to dismissal of Peggy Steinway's claims of unlawful arrest and false imprisonment against defendants Simmons and Abel; as to Count 6, Plaintiffs consent to dismissal of Peggy Steinway's claims of unlawful arrest and false imprisonment against all Defendants (this constitutes a dismissal of Count 6 in its entirety). Pursuant to Plaintiff's consent, the above-described claims are hereby DISMISSED WITH PREJUDICE. The remaining claims in this case are as follows:

Count 1 - plaintiff Michael Steinway's § 1983 civil rights claim for use of excessive force against defendants Simmons and Able, only;

Count 2 - plaintiff Michael Steinway's Illinois law claim for assault and battery against all Defendants;

Count 4 - plaintiff Peggy Steinway's § 1983 civil rights claim for unlawful use of excessive force in violation of the Fourth, Fifth and Fourteenth Amendments, against defendants Simmons and Able, only;*fn1

Count 5 - plaintiff Peggy Steinway's Illinois law claim for assault and battery against all Defendants;

Count 7 - plaintiff David Crowell's Illinois law claim for assault and battery against all Defendants; and

Count 8 - plaintiff David Crowell's Illinois law claim for unlawful restraint and/or false arrest and false imprisonment against all Defendants.

Lastly, because this case is no longer stayed, the Court hereby sets the FINAL PRETRIAL CONFERENCE for Friday, April 3, 2009 at 2:30 p.m.

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court


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