Myers v. City of Chicago Dept of Housing

Filing 36

MEMORANDUM Order: For the reasons stated in this memorandum order, the computerized random reassignment of this Court's calendar among its colleague is scheduled to take place before the end of this month. In the meantime the Motion to Dismiss will have to lie fallow. Signed by the Honorable Milton I. Shadur on 8/8/2017:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

NATHAN BENJAMIN MYERS,
a Natural Person,
Plaintiff,
v.
CHICAGO HOUSING AUTHORITY,
Defendant.

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Case No. 16 C 5734

MEMORANDUM ORDER
On April 17, 2017 defendant Chicago Housing Authority ("CHA") filed a Fed. R. Civ. P.
12(b)(6) motion (the "Motion," Dkt. No. 26) to dismiss the Amended Complaint filed against it
by pro se plaintiff Nathan Myers ("Myers"). That was in turn followed by Myers' Response
(Dkt. No. 31) and, just last week, CHA's Reply (Dkt. No. 35).
Regrettably this Court's recent surgery and the ensuing rehabilitative process have
compelled this Court's just-announced retirement from the District Court after 37 years of service
as a District Judge (the last 25 of which have been spent as a Senior Judge, maintaining a full
civil calendar equal to that carried by its "active" judicial colleagues 1). And this Court's
in-person absence from his chambers and from a full recourse to the caselaw and other
authorities needed to manage a full caseload has prevented this Court from deciding the Motion
based on the litigants' filings to date, or perhaps based on the possible need for a surreply to be
filed by Myers.
1

"Active," like "Senior," is a term of art denoting a judge's legal status, rather than
"active" being an adjectival description of the judge's pace in handling his or her calendar.

Accordingly that latter determination will have to await the computerized random
reassignment of this Court's calendar among its colleagues, scheduled to take place before the
end of this month. In the meantime the Motion will have to lie fallow.

__________________________________________
Milton I. Shadur
Senior United States District Judge
Date: August 8, 2017

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