Migute OrdacSarm (06197)

United States District Court, Northern District of Hlinois

Name of Assigned Judg i Sitting Judge if Oth
noe Magistrate Judge Milton I. Shadur ay “Assigned Judge
CASE NUMBER 02 C 5083 DATE 9/20/2002
CASE Sam J. Sugar vs. ENH Medical Group
TITLE
[In the following box (a) indicate the party fillng the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.]
DOCKET ENTRY:
qd) a Filed motion of [ use listing in “Motion” box above.]
Q) oO Brief in support of motion due :
Q) ag Answer brief to motion due . Reply to answer brief due. :
(4) oO Ruling/Hearing on set for at
(5) QO Status hearing[held/continued to] [set for/re-set for] on set for at
(()) Oo Pretrial conference[held/continued to] [set for/re-set for] on set for at :
{7) oO Trial[set for/re-set for] on at
(8) oO [Bench/Jury trial] [Hearing] held/continuedto__-—at__
(9) a This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
COFRCP4(m) (CiLocal Rule 41.1 OFRCP41(a\i) CO FRCP41(a)(2).

do [Other docket entry] Enter Memorandum Order. To enable this Court to decide at the outset (as

it should) whether or not subject matter jurisdiction is present here, ENH’s counsel is ordered to file a

brief memorandum in this Court’s chambers on or before September 27, 2002 addressing that issue.
(11) ff [For further detail see order attached to the original minute order.]

No notices required.

Mait AO 450 form,

No notices required, advised in open court.
a | Notices mailed by judge's staff.
Notified counsel by telephone.

Docketing to mail notices.

Copy to Judge/magistrate judge,

SN

courtroom
deputy's
initials

1UN09 LORY

~ Date/time received in
central Clerk's Office



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

EASTERN DIVISION DOCKETED

SAM J. SUGAR, ) SEP 2 3 2099
Plaintiff,
Vv. } No. 02 C 5083
ENH MEDICAL GROUP,
Defendant.
MEMORAND

ENH Medical Group (“ENH”) has filed its Answer and
Affirmative Defenses to the Americans with Disabilities Act
lawsuit brought against it by Dr. Sam Sugar. This memorandum
order is issued sua sponte to require ENH to flesh out its
purported jurisdictional challenge set out in Answer §7--as
eur Court of Appeals has reconfirmed in Cook v. Winfrey, 141 F.3d
322, 325 (7 Cir. 1998):

It is axiomatic that a federal court must assure itself

that it possesses jurisdiction over the subject matter

of an action before it can proceed to take any action
respecting the merits of the action. “The requirement
that jurisdiction be established as a threshold matter

‘spring[s] from the nature and limits of the judicial
power of the United States' and is ‘inflexible and

without exception.'” Steel Co, vy. Citizens for a
Better Environment, 118 S.Ct. 1003, 1012 (quoting

Mansfield C.& L.M.R. Co. v. Swan, 111 U.S. 379, 382).

To enable this Court to decide at the outset (as it should)
whether or not subject matter jurisdiction is present here, ENH's
counsel is ordered to file a brief memorandum in this Court's
chambers on or before September 27, 2002 addressing that issue.

This Court will then determine whether further steps may be

S



needed in that regard.

Milton I. Shadur
Senior United States District Judge

Date: September 20, 2002