Case: McGee v. Illinois Department of Transportation

1:02-cv-00277 | U.S. District Court for the Northern District of Illinois

Filed Date: Jan. 11, 2002

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On January 11, 2002, two employees filed a lawsuit under Title VII of the Civil Rights Acts of 1964, 42 U.S.C. § 1981, 42 U.S.C. § 1983 against the Illinois Department of Transportation in the United States District Court for the Northern District of Illinois. The plaintiffs, represented by private counsel, asked the court for injunctive, compensatory, punitive, and other relief against the defendant's alleged racial discrimination, retaliation, and harassment. Specifically, the plaintiffs we…

On January 11, 2002, two employees filed a lawsuit under Title VII of the Civil Rights Acts of 1964, 42 U.S.C. § 1981, 42 U.S.C. § 1983 against the Illinois Department of Transportation in the United States District Court for the Northern District of Illinois. The plaintiffs, represented by private counsel, asked the court for injunctive, compensatory, punitive, and other relief against the defendant's alleged racial discrimination, retaliation, and harassment. Specifically, the plaintiffs were plaintiffs in Massie et al. v. IDOT et al. who had received promotions following the consent decree. However, they alleged racial discrimination, harassment, and retaliation as a result.

On June 20, 2002 the defendants filed a motion to dismiss the plaintiffs' complaint. On November 5, 2002, the court (Judge Schenkier) granted and denied the motion in part, dismissing the § 1981 and § 1983 claims against IDOT, and holding that "challenged conduct fell within scope of prior consent decree and could be remedied through successful contempt proceeding brought there under, but parties did not intend for decree to provide the exclusive remedy for that conduct, nor did that result flow by operation of law; court's retention of jurisdiction to enforce consent decree was not sufficient, without ongoing contempt proceeding, to create a pending let alone parallel action; and complaint stated § 1983 claim against individual defendants." McGee v. IDOT, 2002 WL 31478261 (N.D. Ill. 2002).

According to the PACER docket, on September 27, 2004, a jury trial began. On October 4, 2004 the parties reported in open court that a settlement was reached; the trial summarily ended and the case was dismissed. The settlement agreement is not accessible.

Summary Authors

Emily Kuznick (4/2/2008)

Related Cases

Massie v. IDOT, Northern District of Illinois (1996)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5247579/parties/mcgee-v-il-dept-trans/


Judge(s)

Schenkier, Sidney I. (Illinois)

Attorneys(s) for Plaintiff

Franklin, Jamie S (Illinois)

Mulder, Michael M (Illinois)

Attorneys(s) for Defendant

Madigan, Lisa (Illinois)

Maine, Meghan (Illinois)

Rao, Arundathi P. (Illinois)

Rascia, Ronald Anthony (Illinois)

Ryan, James E. (Illinois)

Judge(s)

Schenkier, Sidney I. (Illinois)

Attorneys(s) for Plaintiff

Franklin, Jamie S (Illinois)

Mulder, Michael M (Illinois)

Attorneys(s) for Defendant

Madigan, Lisa (Illinois)

Maine, Meghan (Illinois)

Rao, Arundathi P. (Illinois)

Rascia, Ronald Anthony (Illinois)

Ryan, James E. (Illinois)

Documents in the Clearinghouse

Document

Docket

June 22, 2005 Docket
1

Complaint

Jan. 11, 2002 Complaint
18

Defendants' Motion to Dismiss

2002 WL 32602566

June 20, 2002 Pleading / Motion / Brief
24

Plaintiffs' Response to Defendants' Motion to Dismiss

2002 WL 32602573

July 18, 2002 Pleading / Motion / Brief
27

Defendant's motion to dismiss plaintiffs' complaint granted in part and denied in part

2002 WL 31478261, 2002 U.S.Dist.LEXIS 21463

Nov. 4, 2002 Order/Opinion
39

Defendant's Motion for Summary Judgment

2003 WL 23683994

Aug. 6, 2003 Pleading / Motion / Brief
57

Memorandum Opinion and Order

2004 WL 434210, 2004 U.S.Dist.LEXIS 2074

Feb. 11, 2004 Order/Opinion
60

MEMORANDUM OPINION AND ORDER

2004 WL 726110, 2004 U.S.Dist.LEXIS 5453

March 31, 2004 Order/Opinion
61

Memorandum Opinion and Order

2004 WL 835620, 2004 U.S.Dist.LEXIS 6501

April 15, 2004 Order/Opinion

Resources

Title Description External URL

Judicial Independence, Employment Discrimination Studies Funded

Ann Nicholson

This brief article describes the Clearinghouse's award of $12,000 to build its collection of employment discrimination class actions brought by private plaintiffs. Nov. 1, 2008 https://law.wustl.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5247579/mcgee-v-il-dept-trans/

Last updated May 20, 2022, 1:39 a.m.

ECF Number Description Date Link
1

COMPLAINT; jury demand -Civil cover sheet - Appearance(s) of Michael M. Mulder, Jamie S. Franklin as attorney(s) for plaintiff(s) (Four original and four copies summons(es) issued.) ( Documents: (1-1 through 1-3)) (ntf) Modified on 01/14/2002 (Entered: 01/14/2002)

Jan. 11, 2002
27

MINUTE ORDER of 11/4/02 by Hon. Sidney I. Schenkier: Defendants' motion to dismiss plaintiffs' complaint [18-1], is granted in part and denied in part. Entered Memorandum Opinion and Order. Notices mailed by judge's staff (cdy)

Nov. 4, 2002 RECAP
57

MINUTE ORDER of 2/11/04 by Hon. Sidney I. Schenkier : Entered Memorandum Opinion and Order. For the reasons stated in the attached Memorandum Opinion and Order, this Court denies the defendants' motion for summary judgment is denied [40-1] on al l counts of plaintiffs' complaint as to defendants IDOT, Chlebicki and Mahoney. The Court, however, reserves ruling on the defendants' motion for summary judgment as to Mr. Kos. The Court orders the parties to submit briefs, limited to 10 p ages, on the issue of whether Mr. Kos' motion for summary judgment should be granted. The plaintiff's brief is due on or before 02/22/04; Mr. Kos's brief is due on or before 03/05/04. In light of this ruling, the defendants' motion to strike [53-1] is moot. Mailed notice by judge's staff (gcy)

Feb. 11, 2004 RECAP

RECEIPT regarding payment of filing fee paid; on 1/11/02 in the amount of $ 150.00, receipt # 10312997. (ntf) (Entered: 01/14/2002)

Jan. 11, 2002
60

MINUTE ORDER of 3/31/04 by Hon. Sidney I. Schenkier : Status hearing set for 4/15/04 at 9:00 a.m. Entered Memorandum Opinion and Order. The Court grants the motion for defendant John Kos for summary judgment on Counts I and II of the Amended Complain t (doc. # 40-1). The matter is set for a status conference on 4/15/04 at 9:00 a.m. the parties are directed to seriously explore settlement prior to the status conference, and to report to the Court at the status conference on the prospects of settlement. Mailed notice (gcy)

March 31, 2004 RECAP
2

REFERRAL ORDER of 1/24/02 The case is referred to the Hon. Edward A. Bobrick from the Hon. Paul E. Plunkett for all discovery motion, supervision, settlement conference and to hold status hearings as necessary to advance case to trial. (For further detail see order.) Mailed notice (mw) (Entered: 01/25/2002)

Jan. 24, 2002
61

MINUTE ORDER of 4/15/04 by Hon. Sidney I. Schenkier : Entered Memorandum Opinion and Order. For the reasons stated in the attachmed memorandum opinion and order, plaintiff's motion for reconsideration (doc #61) is denied. Mailed notice by judge's staff (gcy) Modified on 04/15/2004

April 15, 2004 RECAP
3

ATTORNEY APPEARANCE for defendants by Meghan O'Donnell Maine, Arundathi P. Rao. (mw) (Entered: 02/06/2002)

Feb. 4, 2002
4

AGREED MOTION by defendant for enlargement of time to answer or otherwise plead to plaintiffs' complaint ; Notice. (mw) (Entered: 02/06/2002)

Feb. 4, 2002
5

MINUTE ORDER of 2/6/02 by Hon. Paul E. Plunkett : Defendants' agreed motion for enlargement of time to answer or otherwise plead to the complaint, to and including 03/06/02 [4-1], granted. Telephoned notice (mw) (Entered: 02/06/2002)

Feb. 6, 2002
6

MINUTE ORDER of 2/28/02 by Hon. Edward A. Bobrick : Status hearing set for 03/20/02 at 10:00 a.m. Initial status hearing set before Magistrate Judge Bobrick in Courtroom 1300 for 03/20/02 at 10:00 a.m. The parties are directed to file an initial status report as provided by this order. (See reverse of minute order.) Mailed notice by judge's staff (mw) (Entered: 02/28/2002)

Feb. 28, 2002
7

MOTION by defendants to stay proceedings (Attachments); Notice. (mw) (Entered: 03/13/2002)

March 6, 2002
10

MOTION by defendants to transfer case based on relatedness to Judge Norgle ; Memorandum of law in support (Attachments) Notice. (mw) Modified on 03/25/2002 (Entered: 03/25/2002)

March 6, 2002
9

MINUTE ORDER of 3/12/02 by Hon. Paul E. Plunkett : Defendants' motion to stay proceedings pending a ruling on defendants' motion for transfer based on relatedness [7-1], granted. Mailed notice (mw) (Entered: 03/13/2002)

March 12, 2002

SCHEDULE set on 3/19/02 by Hon. Edward A. Bobrick : Status hearing reset from 10:00 3/20/02 to 10:00 4/15/02 . Mailed notice (tmh) (Entered: 03/19/2002)

March 19, 2002
11

MINUTE ORDER of 3/25/02 by Hon. Charles R. Norgle Sr : Defendants' motion to transfer based on relatedness [10-1], [8-1] granted. Telephoned notice (mw) (Entered: 03/25/2002)

March 25, 2002
12

JOINT STATUS REPORT by defendants IL Dept Trans, Dennis Mahoney, John Kos (Attachments); Notice. (mw) (Entered: 04/12/2002)

April 10, 2002

SCHEDULE set on 4/12/02 by Hon. Edward A. Bobrick : Status hearing reset from 10:00 4/15/02 to 10:00 5/14/02 . Mailed notice (tmh) (Entered: 04/12/2002)

April 12, 2002

SCHEDULE set on 4/18/02 by Hon. Paul E. Plunkett : Status hearing set to 9:30 5/16/02 . Mailed notice (tbk) (Entered: 04/18/2002)

April 18, 2002

SCHEDULE set on 5/10/02 by Hon. Edward A. Bobrick : Status hearing reset from 10:00 5/14/02 to 10:00 5/22/02 . Mailed notice (tmh) (Entered: 05/10/2002)

May 10, 2002
14

NOTICE by defendants of motion regarding their motion to transfer based on relatedness (Attachments). (mw) (Entered: 05/22/2002)

May 10, 2002
13

MINUTE ORDER of 5/22/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 06/20/02 at 9:00 a.m. Defendants' shall response to the complaint shall be filed on or before 06/19/02. The parties are to conduct a planning conference on or before 06/12/02. A joint report of planning conference shall be filed on or before 06/19/02 th a courtesy copy delivered to chambers, room 1756. Mailed notice by judge's staff (mw) (Entered: 05/22/2002)

May 22, 2002
15

MINUTE ORDER of 5/22/02 by Hon. Sidney I. Schenkier : Motion hearing held. Defendants motion to transfer based on relatedness is granted. The Court finds that this case is related under the criteria of Local Rule 40.4 to Massie v. IDOT, 96 C 4830, that was before this Court pursuant to consent under 28 USC 636(c). The Massie litigation was resolved under a consent decree over which this Court has retained enforcement jurisdiction. Mailed notice by judge's staff (mw) (Entered: 05/22/2002)

May 22, 2002
21

CONSENT by plaintiffs to exercise of jurisdiction by a United States Magistrate Judge. (mw) (Entered: 06/28/2002)

May 22, 2002
22

CONSENT by defendants to exercise of jurisdiction by a United States Magistrate Judge. (mw) (Entered: 06/28/2002)

May 22, 2002
23

REASSIGNMENT ORDER of 6/18/02 This case is reassigned to the Hon. Sidney I. Schenkier from the Hon. Paul E. Plunkett pursuant to local General Rule 13 of the IOP. (For further detail see order.) Mailed notice (mw) (Entered: 06/28/2002)

June 18, 2002
17

INITIAL STATUS REPORT by defendants (Attachments); Notice. (mw) Modified on 06/20/2002 (Entered: 06/20/2002)

June 19, 2002
18

MOTION by defendants to dismiss plaintiffs' complaint ; Memorandum in support (Attachments); Notice. (mw) (Entered: 06/20/2002)

June 20, 2002
19

INITIAL STATUS REPORT by defendants (Attachments); Notice. (mw) (Entered: 06/20/2002)

June 20, 2002
20

MINUTE ORDER of 6/20/02 by Hon. Sidney I. Schenkier : Status hearing held. The parties shall make Rule 26(a)(1) disclosures by 07/11/02. Plaintiff shall disclose experts and submit Rule 26 reports by 11/18/02. Defenadnts shall disclose experts and submit Rule 26 report by 12/16/02. All discovery shall be completed by 01/31/03. The Court sets the following briefing schedule on defendants' motion to dismiss plaintiffs' complaint [18-1]: plaintiffs' response shall be filed by 07/18/02 and defendants' reply shall be filed by 08/08/02. The Court will rule by mail. Mailed notice by judge's staff (mw) (Entered: 06/20/2002)

June 20, 2002
24

RESPONSE by plaintiffs to defendants' motion to dismiss plaintiffs' complaint [18-1]; Notice. (mw) (Entered: 07/18/2002)

July 18, 2002
25

REPLY by defendants in support of their motion to dismiss plaintiffs' complaint [18-1]; Notice. (fce) (Entered: 08/16/2002)

Aug. 15, 2002

SCHEDULE set on 8/29/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 9:00 a.m. on 10/24/02. Mailed notice (fce) (Entered: 08/29/2002)

Aug. 29, 2002

SCHEDULE set on 10/21/02 by Hon. Sidney I. Schenkier : Status hearing reset to 9:00 a.m. on 10/31/02. Mailed & Telephoned notice (fce) (Entered: 10/21/2002)

Oct. 21, 2002
26

MINUTE ORDER of 10/31/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 12/10/02 at 9:00 a.m. Enter protective order, as modified by the court. The plaintiffs shall disclose experts and submit Rule 26 reports by 12/18/02. The defendants shall disclose experts and submit Rule 26 reports by 01/17/03. All expert discovery shall be completed by 02/28/03. (Entered Protective Order.) Mailed notice (gcy) (Entered: 11/01/2002)

Oct. 31, 2002
28

MINUTE ORDER of 12/10/02 by Hon. Sidney I. Schenkier : Status hearing held and continued to 01/23/03 at 9:00 a.m . Defendant is granted leave to file an answer to the complaint by 12/23/02. Mailed notice by judge's staff (gcy) (Entered: 12/11/2002)

Dec. 10, 2002
29

ANSWER by Kenneth Chlebicki to plaintiff's complaint [1-1]; Notice. (gcy) (Entered: 12/26/2002)

Dec. 24, 2002
30

ANSWER by Dennis Mahoney to plaintiffs' complaint [1-1]. (gcy) (Entered: 12/26/2002)

Dec. 24, 2002
31

ANSWER by IL Dept Trans plaintiffs' complaint [1-1]. (gcy) (Entered: 12/26/2002)

Dec. 24, 2002
32

ANSWER by John Kos to plaintiff's complaint [1-1]; Notice. (gcy) (Entered: 01/03/2003)

Jan. 2, 2003

SCHEDULE set on 1/9/03 by Hon. Sidney I. Schenkier : Settlement conference set for 1:30 p.m. on 2/11/03, in chambers 1756. The settlement conference will be conducted in accordance with the Court's Standing Order on Instructions for Settlement Conference, which is enclosed. The schedule for exchange of demand and offer is as follows: plaintiff's counsel shall serve on defense counsel a written settlement demand by 01/27/03. Defendant's counsel shall serve on plaintiff's counsel a written settlement offer by 02/05/03. Plaintiff's counsel shall deliver copies of these letters to chambers by noon on 02/06/03. Parties with ultimate settlement authority to be present at the conference. Mailed & Telephoned notice (fce) (Entered: 01/09/2003)

Jan. 9, 2003
33

MINUTE ORDER of 1/9/03 by Hon. Sidney I. Schenkier: The parties joint request to extend discovery deadlines is granted. The plaintiff shall disclose experts and submit Rule 26 reports by 03/07/03. The defendant shall disclose experts and submit Rule 26 reports by 04/11/03. All discovery ordered closed on 05/30/03. , The 01/23/03 status hearing is stricken. Mailed notice by judge's staff (gcy) (Entered: 01/13/2003)

Jan. 9, 2003

SCHEDULE set on 2/5/03 by Hon. Sidney I. Schenkier : Settlement conference reset for 1:30 p.m. on 4/1/03, at the parties request. The schedule for exchange of demand and offer is modified as follows: plaintiff's counsel shall serve on defense counsel a written settlement demand by 03/14/03. Defendant's counsel shall serve on plaintiff's counsel a written settlement offer by 03/25/03. Plaintiff's counsel shall deliver copies of these letters to chambers by noon on 03/26/03. Parties with ultimate settlement authority to be present at the conference. Mailed & Telephoned notice (fce) (Entered: 02/05/2003)

Feb. 5, 2003
34

MINUTE ORDER of 5/12/03 by Hon. Sidney I. Schenkier : Telephone status conference held 05/09/03. Settlement conference set for 05/13/03 is stricken. On defendant's oral motion, discovery deadline is extended to 06/17/03 . No further extensions will be allowed. The final pretrial order shall be filed in open court on 07/15/03 at 9:00 a.m. The final pretrial order must be prepared in accordance with the Court's standing order (a copy of which is enclosed.) Mailed notice by judge's staff (gcy) (Entered: 05/13/2003)

May 12, 2003
35

MOTION by defendant for leave to file a motion for summary judgment ; Notice. (gcy) (Entered: 07/11/2003)

July 3, 2003
36

MINUTE ORDER of 7/10/03 by Hon. Sidney I. Schenkier : Status hearing re- set 08/21/03 at 9:00 a.m. Motion hearing held. Defedants'motion for leave to file a motion for summary judgment is granted [35-1]. Defedants' motion for summary judgment and supporting memorandum shall be filed by 07/31/03. Plaintiff's response shall be filed by 08/21/03. Defendants' reply shall be filed by 09/04/03. The Court will rule by mail. The final pretrial order shall be filed in open court on 08/21/03 at 9:00 a.m. Mailed notice by judge's staff (gcy) (Entered: 07/11/2003)

July 10, 2003
37

MINUTE ORDER of 7/30/03 by Hon. Sidney I. Schenkier : Status hearing reset to 08/28/03 at 9:00 a.m. Defendants unopposed oral request for an extension of time to file motion for summary judgment is granted. Defendant's motion for summary judgment shall be filed by 08/07/03. Plaintiff's response shall be filed by 08/28/03. Final pretrial order shall be filed in open court on 08/28/03 at 9:00 a.m. Defendant's reply shall be filed by 09/11/03. Telephoned notice (gcy) (Entered: 08/01/2003)

July 30, 2003
38

MOTION by defendant for leave to file memorandum of law in support of their motion for summary judgment in excess of fifteen pages ; Notice. (gcy) (Entered: 08/07/2003)

Aug. 4, 2003
39

MINUTE ORDER of 8/6/03 by Hon. Sidney I. Schenkier : Defendant's motion for leave to file memorandum of law in support of their motion for summary judgment in excess of fifteen is granted [38-1]. Plaintiff's response may be 27 pages in length. Defendants' reply may be 20 pages in length. Mailed notice by judge's staff (gcy) (Entered: 08/07/2003)

Aug. 6, 2003
40

MOTION by defendant for summary judgment (Attachments); Memorandum in support; Rule 56.1 Statement; Notice. (gcy) (Entered: 08/08/2003)

Aug. 8, 2003
41

MOTION by plaintiff to defer briefing on motion for summary judgment or, alternatively to set a rule 43(e) hearing (Attachments); Notice. (gcy) (Entered: 09/02/2003)

Aug. 21, 2003
42

MINUTE ORDER of 8/28/03 by Hon. Sidney I. Schenkier : Status hearing held and continued to 11/05/03 at 9:00 a.m. Motion hearing held. Plaintiffs' motion to defer briefing on motion for summary judgment is granted [41-1]. Plaintiff's alternative motion to set a rule 43(e) hearing is denied [41-2]. Plaintiffs' response to fact statements shall be filed by 10/01/03. Defendants' reply shall be filed by 10/22/03. The Court will rule by mail. The final pretrial order is stricken. Mailed notice by judge's staff (gcy) (Entered: 09/02/2003)

Aug. 28, 2003
43

EXHIBIT LIST by plaintiffs; (3 vols. 1-12, 27-33, 34-44) (gcy) (Entered: 10/10/2003)

Oct. 1, 2003
44

EXHIBITS LISTS by plaintiff; (2 vols, exh. 12-19 and 45-63 ). (RESTRICTED). (gcy) Modified on 10/15/2003 (Entered: 10/10/2003)

Oct. 1, 2003
45

AGREED MOTION by parties to file certain exhibits under seal ; Notice. (gcy) (Entered: 10/10/2003)

Oct. 1, 2003
46

AFFIDAVIT of Jamie Franklin. (gcy) (Entered: 10/10/2003)

Oct. 1, 2003
47

AFFIDAVIT of Mattie Pool (Attachments). (gcy) (Entered: 10/10/2003)

Oct. 1, 2003
48

LOCAL RULE 56.1(b)(3)(B) Statement of additional facts by plaintiff (gcy) (Entered: 10/10/2003)

Oct. 1, 2003
49

RESPONSE by plaintiff to Rule 56.1 statement of facts. (gcy) (Entered: 10/10/2003)

Oct. 1, 2003
50

MINUTE ORDER of 10/14/03 by Hon. Sidney I. Schenkier : Agreed motion to file certain exhibits under seal is granted. The "Clerk of the Court" is hereby directed to place under seal, exhibits 12,13,14,1,5,18,19 and 45-63, submitted by plaintiffs in opposition to defendants' motion for summary judgment until further order of the court. Mailed notice (gcy) (Entered: 10/15/2003)

Oct. 14, 2003
53

MOTION by defendants to strike in part plaintiff's response to defendants Local Rule 56.1 statement of uncontested facts and plaintiff's statement of additional facts ; Notice. (gcy) (Entered: 12/01/2003)

Nov. 10, 2003
51

RESPONSE by defendants to plaintiffs statement of additional facts; Notice. (gcy) (Entered: 11/14/2003)

Nov. 13, 2003
52

RESPONSE by plaintiff to defendant's motion to strike. (gcy) (Entered: 11/21/2003)

Nov. 20, 2003
54

MINUTE ORDER of 11/26/03 by Hon. Sidney I. Schenkier : Defendants' motion to strike in part plaintiff's responses to defendants Local Rule 56.1 statement of uncontested facts and plaintiff's statement of additional facts [53-1] is taken under advisement. The plaintiffs' response is due by 12/22/03. If plaintiff intends to file a motion to strike, that motion must be filed by 12/22/03. If necessary , the defendants' response to plaintiffs' motion to strike due by 01/12/04. The Court will notify the parties by minute order of its ruling, or if additional briefing is necessary. Mailed notice (gcy) (Entered: 12/01/2003)

Nov. 26, 2003
55

RESPONSE by plaintiff to defendants' motion to strike in [53-1]. (gcy) (Entered: 12/23/2003)

Dec. 22, 2003
58

SUPPLEMENTAL BRIEF by plaintiff on defendant John Kos' liability (Attachments). (gcy) (Entered: 02/24/2004)

Feb. 23, 2004
59

REPLY by John Kos in support of his motion for summary judgment [40-1]; Notice. (gcy) (Entered: 03/08/2004)

March 5, 2004
62

MOTION by plaintiffs for reconsideration (Attachments); Notice. (gcy) (Entered: 04/16/2004)

April 12, 2004
63

MINUTE ORDER of 4/15/04 by Hon. Sidney I. Schenkier : Status hearing held and continued to 7/13/03 at 9:00 a.m. Settlement conference is set for 6/1/04 at 1:30 p.m., in chambers 1756. The settlement conference will be conducted in accordance with the Court's Standing Order on Instructions for Settlement Conference. The schedule for exchange of demand and offer set forth in the standing order is as follows: plaintiffs' counsel shall serve on defense counsel a written settlement demand by 4/20/04. Defenants' counsel shall serve on plaintiffs' counsel a written settlement offer by 5/20/04. The parties shall deliver copies of these letters to chambers by close of business on 5/21/04. Parties with ultimate settlement authority must attend the conference. The parties are to submit pretrial order in open court on 7/13/04 at 9:00 a.m. Mailed notice (gcy) (Entered: 04/16/2004)

April 15, 2004
65

MOTION by defendants to reschedule settlement conference ; Notice. (gcy) (Entered: 05/27/2004)

May 20, 2004
64

RESPONSE by plaintiffs to defendants' motion to delay the settlement schedule. (gcy) (Entered: 05/25/2004)

May 24, 2004
66

MINUTE ORDER of 5/26/04 by Hon. Sidney I. Schenkier : Defendants' motion to reschedule settlement conference and the date for filing the pretrial order is granted. The settlement conference set 6/1/04 is stricken and reset to 7/21/04 at 1:30 p.m. The defendants' settlement offer letter is to be served on the plaintiff by 7/15/04. The plaintiff is to deliver a copy of both letters to chambers by close of business on 7/16/04. The Court defers the completion of the pre-trial order pending the settlement conference. The parties are to file final pre-trial order in open court on 8/10/04 at 9:00 a.m. The jury trial is set for 9/27/04 at 9:00 a.m. Mailed notice (gcy) (Entered: 05/27/2004)

May 26, 2004

SCHEDULE set on 7/21/04 by Hon. Sidney I. Schenkier : Settlement conference held and continued to 10:30 7/26/04 . Mailed notice (mmm) (Entered: 07/23/2004)

July 23, 2004
67

MINUTE ORDER of 7/26/04 by Hon. Sidney I. Schenkier : By agreement, the date of filing the final Pretrial order in open court is reset from 8/10/04 to 8/18/04 at 9:00 a.m. Mailed notice (gcy) (Entered: 07/27/2004)

July 26, 2004
68

MINUTE ORDER of 7/26/04 by Hon. Sidney I. Schenkier : Continued settlement conference held. By the close of business on 7/30/04, each side is to separately inform the court by facsimile (312/554-8677) whether that side accepts the Court's settlement recommendation. The matter is set for a telephone status conference on 8/03/04 at 8:15 a.m. Mailed notice (gcy) (Entered: 07/27/2004)

July 26, 2004
73

BILL OF COSTS submitted; Declaration of Thomas H. Lawrence in support (Attachments). (gcy) Modified on 08/23/2004 (Entered: 08/23/2004)

Aug. 13, 2004
73

DECLARATION of Thomas H. Lawrence in support of bill of costs; Bill of costs. (gcy) (Entered: 08/23/2004)

Aug. 13, 2004
69

MOTION by defendants IL Dept Trans, Kenneth Chlebicki, Dennis Mahoney to sever ; Memorandum of law in support; Notice. (emd) (Entered: 08/19/2004)

Aug. 18, 2004
70

FINAL PRE-TRIAL ORDER (emd) (Entered: 08/19/2004)

Aug. 18, 2004
71

MINUTE ORDER of 8/18/04 by Hon. Sidney I. Schenkier : Status hearing held. Pretrial conference set for 9/14/04 at 1:30pm. The parties submit their pretrial order in open court. The defendants submit their motions in-limine to the Court. The plaintiffs are to respond to the motions in-limine by 8/25/04. The defendants are given leave to file their motion for severance of the trial. The plaintiffs' response is due by 8/25/04 [69-1]. The parties are to meet and confer regarding the proposed trial exhibits; to the extent that there are any objections to the proposed trial exhibits, the parties are to submit to the Court a list of the exhibits objected to and the reasons for the objections by 9/9/04. The Court will hold in abeyance its ruling on the Clay or Brown transcripts. The parties are to meet and confer regarding which documents the defendant wants to use from the bulk masterfile personnel file exhibit. Mailed notice (emd) (Entered: 08/19/2004)

Aug. 18, 2004
72

AMENDED EXHIBIT LIST by defendant; Notice. (gcy) Modified on 08/23/2004 (Entered: 08/23/2004)

Aug. 20, 2004
74

LETTER from plaintiffs' attorney to Judge Schenkier regarding new exhibits. (gcy) (Entered: 08/24/2004)

Aug. 23, 2004
75

NOTICE by plaintiffs of objections to defendnts' amended exhibit list (Attachments). (gcy) (Entered: 08/24/2004)

Aug. 23, 2004
76

ATTORNEY APPEARANCE for defendants by Ronald Anthony Rascia. (gcy) (Entered: 08/24/2004)

Aug. 23, 2004
77

RESPONSE by plaintiffs to defendants' motion to sever [69-1]. (gcy) (Entered: 08/26/2004)

Aug. 25, 2004
78

OMNIBUS RESPONSE by plaintiffs to defendants' 15 motions in limine (Attachments). (gcy) (Entered: 08/26/2004)

Aug. 25, 2004

SCHEDULE set on 8/27/04 by Hon. Sidney I. Schenkier : motion inlimine hearing set for 3:30 8/30/04 . Telephone notice (mmm) (Entered: 08/27/2004)

Aug. 27, 2004
79

MINUTE ORDER of 8/31/04 by Hon. Sidney I. Schenkier : For the reasons stated on the record in open court, defendants' motions in limine nos. 1-2,5,8,11- 12 and 14-15 are denied; defendants' motions in limine nos. 3 and 13 are granted; and rulings on defendants' motions in limine nos. 4,6-7 and 9-10 are deferred pending further proceedings. (See reverse of minute order.) Mailed notice (gcy) (Entered: 09/01/2004)

Aug. 31, 2004
80

JOINT PROPOSED Voir Dire Questions; Notice. (gcy) Modified on 09/10/2004 (Entered: 09/10/2004)

Sept. 9, 2004
81

REVISED EXHIBITS LIST by plaintiffs. (gcy) (Entered: 09/10/2004)

Sept. 9, 2004
82

NOTICE by defendants of filing its Amended Exhibit List (Attachment). (jmp) (Entered: 09/16/2004)

Sept. 9, 2004
83

MINUTE ORDER of 9/17/04 by Hon. Sidney I. Schenkier : Status hearing set for 9/21/04 at 9:30 a.m. Continued final pre-trial conference held. The defendants' motion in limine to bar Dr. Sensing as a witness is denied. The Court gives defendants leave to subpoena Dr. Sensing for a deposition. The parties are to meet and confer, and present to the Court joint jury instructions on 9/21/04 at 9:30 a.m. The Court enters its ruling to the parties' objections to the exhibits amd witness lists, and the parties disputes concerning the case statement and voire dire, on ther reverse of the order. Mailed notice by judge's staff (gcy) (Entered: 09/23/2004) conference held. The parties tender an agreed list of names to be read to prospective jurors. The parties submit an agreed revised set of stipulations to be read to prospective jurors. The parties tender proposed jury instructions. The defendants on the record withdraw their remaining objections to PX9 (as redacted by agreement of the parties), 15-37,38 (as redacted by agreement of the parties), Group PX 43 (as redacted by agreement to remove certain old performance evaluations), and 59-64. Those exhibits will be admitted into evidence, and may be inserted into the jurors exhibit books. Mailed notice (gcy) (Entered: 09/23/2004)

Sept. 17, 2004
86

AMENDED PROPOSED JURY INSTRUCTIONS #12 and revised exhibit list by plaintiff. (gcy) (Entered: 09/29/2004)

Sept. 22, 2004
85

AMENDED EXHIBIT list by defendants; Notice. (gma) (Entered: 09/27/2004)

Sept. 24, 2004
88

MINUTE ORDER of 9/27/04 by Hon. Sidney I. Schenkier : Trial begisn-Jury. Jury trial held and continued to 9/28/04. Mailed notice (gcy) (Entered: 10/01/2004)

Sept. 27, 2004
87

MINUTE ORDER of 9/28/04 by Hon. Sidney I. Schenkier : Jury trial held and continued to 9/29/04. Mailed notice (gcy) (Entered: 10/01/2004)

Sept. 28, 2004
89

MINUTE ORDER of 9/29/04 by Hon. Sidney I. Schenkier : Jury trial held and continued to 9/30/04. Mailed notice (gcy) (Entered: 10/01/2004)

Sept. 29, 2004
90

MEMORANDUM by plaintiffs regarding supervisor status under Titile VII (Attachments). (gcy) (Entered: 10/01/2004)

Sept. 30, 2004
91

MEMORANDUM by plaintiffs on the admissibility of witness tampering. (gcy) (Entered: 10/04/2004)

Oct. 1, 2004
92

MINUTE ORDER of 10/4/04 by Hon. Sidney I. Schenkier : (Entered Judgment Order). The Court enters final judgment on the summary judgment order, entered on 4/1/04 (doc #60), in favor of John Kos and against the plaintiffs. Mailed notice (gcy) (Entered: 10/06/2004)

Oct. 4, 2004

State / Territory: Illinois

Case Type(s):

Equal Employment

Special Collection(s):

Private Employment Class Actions

Key Dates

Filing Date: Jan. 11, 2002

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African American plaintiffs who received promotions following the consent decree

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Illinois Department of Transportation, Private Entity/Person

Defendant Type(s):

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1983

42 U.S.C. § 1981

Title VII (including PDA), 42 U.S.C. § 2000e

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Unknown

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Disparate Treatment

Pattern or Practice

Retaliation

Discrimination-area:

Harassment / Hostile Work Environment

Discrimination-basis:

Race discrimination

Race:

Black

Affected Gender:

Male