Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

LeBlanc v. Mr. Bults, Inc.

United States District Court, N.D. Illinois, Eastern Division

August 12, 2019

Milton LeBlanc, Plaintiff,
v.
Mr. Bult's, Inc., Defendant.

          MEMORANDUM OPINION AND ORDER

          Ronald A. Guzmàn, United States District Judge.

         For the reasons stated below, Plaintiff's motion for partial summary judgment [188] is denied, Defendant's cross-motion for summary judgment [237] is granted, and Defendant's motion to bar the testimony of Dr. Piva [238] is denied. Further, Plaintiff's motion to dismiss for lack of subject-matter jurisdiction [271] is denied. All other pending motions are denied as moot. Civil case terminated.

         STATEMENT

         I. Plaintiff's Motion to Dismiss for Lack of Subject-Matter Jurisdiction

         Plaintiff's motion to dismiss the case for lack of subject-matter jurisdiction is denied. According to Plaintiff, the Court has lost subject-matter jurisdiction based on several perceived improprieties in this case, including purported violations of his due process rights, fraud, violations of federal and state statutes, abuse of the Court's discretion, concealment of a material fact (it is unspecified by whom), the appearance of bias and prejudice, violations of judicial canons, and the commission of alleged predicate acts under the Racketeer Influenced and Corrupt Organizations Act. (Pl.'s Mot., Dkt. # 271, at 1.) Because Plaintiff cites no valid case law in support of these assertions, the motion is denied. The Court has subject-matter jurisdiction pursuant to diversity jurisdiction under 28 U.S.C. § 1332.

         II. Cross-Motions for Summary Judgment

         A. Procedural History

         The procedural history of this four-year-old case is lengthy; the Court provides a summary of the history only for the period after it was assigned the case earlier this year. When the case was reassigned to this Court on March 26, 2019, Plaintiff's motion for summary judgment, which was filed on March 7, 2019, was pending. (Dkt. ## 188, 200.) On March 28, 2019, Defendant filed a motion to strike Plaintiff's motion for partial summary judgment and statement of facts. After reviewing the parties' briefs, the Court denied Defendant's motion to strike and set a briefing schedule on Plaintiff's motion for summary judgment. (Dkt. # 221.) Defendant then moved to file a cross-motion for summary judgment and amend the briefing schedule accordingly, which the Court allowed on May 30, 2019. (Dkt. ## 224, 226.) After Plaintiff filed numerous documents and motions unrelated to summary judgment, he sought, on June 24, 2019, an extension of the date on which he needed to respond to the cross-motion for summary judgment - to July 30, 2019. (Dkt. # 256.) The Court granted Plaintiffs request that same day, giving him until July 30, 2019 to respond to Defendant's cross-motion for summary judgment and file a reply in support of his partial motion for summary judgment. (Dkt. # 259.) The Court noted in its order that “[g]iven the lengthy extension, any additional requests to extend the deadline will be disfavored.” (Id.) Plaintiff did not file any papers on July 30, 2019 regarding either party's motion for summary judgment, and instead, on July 31, 2019, filed the above-mentioned motion to dismiss for lack of subject-matter jurisdiction.

         Given Plaintiffs failure to meet the generous deadline provided for his summary-judgment response and reply, and his apparent decision to instead spend his time preparing the motion to dismiss for lack of subject-matter jurisdiction, the Court will address the summary-judgment motions without the benefit of Plaintiff s response. Therefore, to the extent they are supported by the record, the Court deems Defendant's statements of fact to be admitted.

         B. Facts

         This case arose from purported injuries Plaintiff suffered in Virginia on July 12, 2013 when the vehicle he was riding in was struck from behind by a tractor-trailer owned by Defendant. (Am. Answer, Dkt. # 35, ¶¶ 11-14.) Plaintiff admits that there was minimal damage to the rear of the vehicle in which he was riding and that “this was a relatively low impact collision.” (Pl.'s Mot. Exclude Testimony Regarding Property Damage Vehicles, Dkt. # 42, at 2.) Defendant admits liability for negligence. (Id. 14.) Plaintiff was involved in another unrelated car accident in May 2013, during which he sustained injuries to his back and neck. (Pl.'s Dep., Dkt. # 236-1, at 10-11.)

         C. Summary Judgment Standard

         Summary judgment shall be granted “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). When considering a motion for summary judgment, the Court must construe the evidence and make all reasonable inferences in favor of the non-moving party. Hutchison v. Fitzgerald Equip. Co., Inc., 910 F.3d 1016, 1021 (7th Cir. 2018). Summary judgment is appropriate when the non-moving party “fails to make a showing sufficient to establish the existence of an element essential to the party's case and on which that party will bear the burden of proof at trial.” Celotex v. Catrett, 477 U.S. 317, 322 (1986). “A genuine issue of material fact arises only if sufficient evidence favoring the nonmoving party exists to permit a jury to return a verdict for that party.” Brummett v. Sinclair Broadcast Grp., Inc., 414 F.3d 686, 692 (7th Cir. 2005).

         D. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.