Midwest Operating Engineers Welfare Fund et al v. Midwest Underground, Inc., a Dissolved Illinois Corporation et al
MEMORANDUM Order: For the reasons stated in this memorandum order, this case will be reassigned. Signed by the Honorable Milton I. Shadur on 10/11/2017:Mailed notice(clw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
MIDWEST OPERATING ENGINEERS
WELFARE FUND, et al.,
MIDWEST UNDERGROUND, INC.,
a Dissolved Corporation, et al.,
Case No. 16 C 11314
This action is one of a very small group of cases that, after a case-by-case review of its
entire calendar in late August of this year, this Court determined should be excepted from the
reassignment to its colleagues under the computer-generated random assignment system
applicable whenever a District Judge departs from his or her own regular receipt of newly-filed
civil cases -- most frequently the result of a Judge's death or departure from the District Court,
but in this instance the unsought consequence of the onset of what turned out to be spinal
stenosis requiring major surgery, followed by a post-surgical program aimed at rehabilitating the
nerves that had been damaged as a result of the stenosis. Each exception from the almost total
September 1 group of reassignments was based on a special circumstance, in a large majority of
the cases because counsel for the parties had earlier apprised this Court that the case had been
settled and that implementation of the settlement was imminent.
Since then this Court's invaluable judicial assistant has been policing those cases at this
Court's directive (unfortunately the timing of the above-described medical diagnosis, consequent
surgery and rehabilitative process has left this Court without law clerks or other supporting legal
staff). Because the promised implementation of settlement has not been forthcoming in this
action and in a very small group of other cases in the same category, this Court sees no further
reason for retention of those few remaining cases. Instead this Court recommends to the
Executive Committee that all future proceedings in this action be reassigned to another judge on
this District Court under the same computer-generated random assignment system.
Milton I. Shadur
Senior United States District Judge
Date: October 11, 2017
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