Case: Robinson v. Sheriff of Cook County

COMPLAINT − Civil cover sheet − Appearance(s) of Lesley A Redman, Kenneth N. Flaxman as attorney(s) for plaintiff with Rule 39 affidavits ( Original and one copy summons(es) issued.) ( Documents: 1−1 through 1−5) (fce) (Entered:

RETURN OF SERVICE of summons executed upon defendant Sheriff of Cook Cty on 4/11/95 (smm) (Entered: 04/19/1995)

ATTORNEY APPEARANCE for defendant by Sophia Lopez (fce) (Entered: 05/01/1995)

MOTION by defendant Sheriff of Cook Cty for extension of time to answer or otherwise plead to complaint ; Notice of motion. (smm) Modified on 05/11/1995 (Entered: 05/11/1995)

MINUTE ORDER of 5/5/95 by Hon. James B. Zagel : Motion for extension of time to answer or otherwise plead granted [4−1]. Defendant's answer date extended to 5/22/95. Status hearing set for 7/26/95 at 10:00 a.m. Mailed notice. (smm) (Entered: 05/11/1995)

ANSWER to complaint by defendant; Notice of filing (fce) (Entered: 06/15/1995)

SCHEDULE set on 7/26/95 by Hon. James B. Zagel : Status hearing held and continued to 10:00 9/8/95 . No notice (drw) (Entered: 07/31/1995)

MOTION by Sheriff of Cook County for leave to file appearance as additional counsel ; Notice of motion (tlm) (Entered: 10/25/1995)

MINUTE ORDER of 10/20/95 by Hon. James B. Zagel : Defendant's motion for leave to file appearance as additional counsel is granted. [7−1] Mailed notice (tlm) (Entered: 10/25/1995)

ADDITIONAL ATTORNEY APPEARANCE for defendant by Gina Elizabeth Brock (tlm) (Entered: 10/25/1995)

MOTION by Defendant for judgment on the pleadings ; Notice of motion. (tlm) (Entered: 10/26/1995)

MINUTE ORDER of 10/20/95 by Hon. James B. Zagel : Status hearing set to 10:00 11/3/95. Sheriff of Cook County's motion for judgment on the pleadings denied. [10−1] No notice (tlm) (Entered: 10/26/1995)

MOTION by defendant to Merit Board for leave to respond to plaintiff's motion to enforce subpoena and to apply for a protective order ; Notice of motion (fce) (Entered: 11/06/1995)

MINUTE ORDER of 11/3/95 by Hon. James B. Zagel : Granting defendant's motion to Merit Board for leave to respond to plaintiff's motion to enforce subpoena [12−1] and defendant's motion to apply for a protective order [12−2] No notice (fce) (Entered: 11/06/1995)

MOTION by defendant for more definite statement ; Notice of motion (fce) (Entered: 11/06/1995)

MINUTE ORDER of 11/3/95 by Hon. James B. Zagel : Granting defendant's motion for more definite statement [14−1] No notice (fce) (Entered: 11/06/1995)

MOTION by plaintiff to enforce subpoena (Attachments); Notice of motion (fce) (Entered: 11/06/1995)

MINUTE ORDER of 11/3/95 by Hon. James B. Zagel : Status hearing held; continued to 11/22/95 at 10:00 a.m. Denying plaintiff's motion to enforce subpoena [16−1] No notice (fce) (Entered: 11/06/1995)

MOTION by plaintiff for class certification ; Notice of motion (fce) (Entered: 12/05/1995)

MINUTE ORDER of 11/22/95 by Hon. James B. Zagel : Plaintiff's motion for class certification [18−1]. Answer brief to motion due 12/20/95. Reply to answer brief due 1/3/96. Hearing on plaintiff's motion for class certification [18−1] set for 1/10/96 at 10:00 a.m. Status hearing held; continued to 01/10/96 at 10:00 a.m. No notice (fce) (Entered: 12/05/1995)

PROTECTIVE ORDER (fce) (Entered: 12/05/1995)

MINUTE ORDER of 11/22/95 by Hon. James B. Zagel : Enter protective order. No notice (fce) (Entered: 12/05/1995)

MEMORANDUM by defendant in oposition to class certification (Exhibits). [18−1] (tlm) (Entered: 12/29/1995)

REPLY memorandum by plaintiff in support of motion for class certification [18−1] (fce) (Entered: 01/09/1996)

MINUTE ORDER of 1/10/96 by Hon. James B. Zagel : Status hearing held; continued to 02/14/96 at 10:00 a.m. For the reasons stated in open court, plaintiff's motion for class certification [18−1] is denied without prejudice to plaintiff counsel's regarding a class representative by 02/07/96. No notice (fce) (Entered: 01/12/1996)

SCHEDULE set on 2/13/96 by Hon. James B. Zagel : Status hearing date of 2/14/96 is reset to 2/23/96 at 10:00 am. Mailed notice (jms) (Entered: 02/13/1996)

MOTION by plaintiff to add plaintiff ; Notice of motion (nlf) (Entered: 03/12/1996)

MINUTE ORDER of 2/23/96 by Hon. James B. Zagel : Granting motion to add plaintiff [25−1]. Plaintiff is given leave to file an amended complaint naming additional plaintiffs until March 15, 1996. Status hearing held and continued to 10:00 4/5/96 . No notice (nlf) Modified on 03/14/1996 (Entered: 03/12/1996)

SCHEDULE set on 4/5/96 by Hon. James B. Zagel : Status hearing reset to 10:00 4/11/96 . No notice (drw) (Entered: 04/09/1996)

MOTION by plaintiff for leave to file first amended complaint ; Notice of motion (fce) (Entered: 04/17/1996)

AFFIDAVIT of Belinda Taylor regarding motion for leave to file first amended complaint [27−1] (fce) (Entered: 04/17/1996)

MINUTE ORDER of 4/11/96 by Hon. James B. Zagel : Status hearing held; continued to 05/16/96 at 10:00 a.m. Granting plaintiff's motion for leave to file first amended complaint [27−1] No notice (fce) (Entered: 04/17/1996)

FIRST AMENDED COMPLAINT [1−1] by plaintiff; adding Belinda Taylor (fce) (Entered: 04/17/1996)

MOTION by defendant Sheriff of Cook Co for leave to file motion to dismiss amended complaint, instanter Notice of motion (eav) (Entered: 05/17/1996)

MINUTE ORDER of 5/16/96 by Hon. James B. Zagel : Defendant's motion to file motion to dismiss amended complaint, instanter is granted. [31−1] No notice (eav) (Entered: 05/17/1996)

MOTION by defendant to dismiss first amended complaint (eav) (Entered: 05/17/1996)

MEMORANDUM by defendant in support of motion to dismiss first amended complaint [33−1] (Exhibit) (eav) (Entered: 05/17/1996)

MINUTE ORDER of 5/16/96 by Hon. James B. Zagel : Defendant's motion to dismiss first amended complaint. Answer brief to motion due 05/23/96. [33−1] Reply to answer brief due 05/30/96. Hearing on motion set for 06/21/96 at 9:00 a.m. Status hearing set for 06/21/96 at 9:00 a.m. No notice (eav) (Entered: 05/17/1996)

MEMORANDUM by plaintiff Charles O Robinson in opposition to motion to dismiss first amended complaint [33−1] (fce) (Entered: 05/23/1996)

MINUTE ORDER of 6/21/96 by Hon. James B. Zagel : Status hearing held; continued to 9:00 a.m. 7/12/96. Motion to dismiss first amended complaint [33−1] is taken under advisement. No notice (smm) (Entered: 06/27/1996)

MEMORANDUM OPINION AND ORDER (smm) (Entered: 07/22/1996)

MINUTE ORDER of 7/12/96 by Hon. James B. Zagel : Status hearing held; continued to 9:00 a.m. 8/9/96. Plaintiff is given leave to file an amended complaint by 8/9.96. Motion to dismiss first amended complaint is granted in part and denied in part [33−1]. Enter memorandum opinion and order. No notice (smm) (Entered: 07/22/1996)

MOTION by plaintiff to reconsider order of 07/12/96 (Attachments) (eav) (Entered: 08/12/1996)

SCHEDULE set on 8/9/96 by Hon. James B. Zagel : Status hearing held and continued to 9:00 9/13/96 . Plaintiff is given leave to file a motion for reconsideration. No notice (drw) (Entered: 08/14/1996)

MOTION by plaintiffs to compel the defendant to identify by name and last known address all persons who applied for the position of correctional officer and also filed a race discrimination charge from 01/09/96 to the present (Attachment) (fce) (Entered: 08/19/1996)

MEMORANDUM, OPINION, AND ORDER (eav) (Entered: 09/04/1996)

MINUTE ORDER of 8/28/96 by Hon. James B. Zagel : Plaintiff's motion [41−1] to reconsider is denied. Enter memorandum opinion and order. Mailed notice (eav) (Entered: 09/04/1996)

MINUTE ORDER of 9/13/96 by Hon. James B. Zagel : Status hearing held and continued to 01/10/97 at 10:00 a.m. Discovery deadline set for 01/10/97. Plaintiff Belinda Taylor is dismissed as a plaintiff, nunc pro tunc, 08/28/96. Mailed notice (eav) (Entered: 09/19/1996)

NOTICE OF APPEAL by plaintiff Belinda Taylor from Scheduling order Status hearing held and continued to 01/10/97 at 10:00 a.m. Discovery deadline set for 01/10/97. [45−1], from Scheduling order Plaintiff Belinda Taylor is dismissed as a plaintiff, nunc pro tunc, 08/28/96. [45−2], from motion minute order [45−3] ( $105.00 Paid) (fce) (Entered: 10/07/1996)

DOCKETING STATEMENT by plaintiff Belinda Taylor regarding appeal [46−1] . (fce) (Entered: 10/07/1996)

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce) (Entered: 10/07/1996)

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 96−3506 (Attachments) (eav) (Entered: 10/16/1996)

CERTIFIED copy of Order from the 7th Circuit. It is ordered that appellant shall file, on or before 10/25/96, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42(b) will satisfy this requirement. Briefing shall be suspended pending further court order. (96−3506) (eav) (Entered: 10/17/1996)

TRANSMITTED to the 7th Circuit the long record on appeal no. 96−3506 consisting one volume of pleading, one volume of exhibit (Item # 22) of Mailed notice to all counsel. (fce) (Entered: 10/16/1996)

MAILED: Copy of certificates and transmittal letter with list of documents, regarding appeal [46−1] to counsel of record. (fce) (Entered: 10/16/1996)

SEVENTH CIRCUIT transcript information sheet by plaintiff Charles O Robinson (fce) (Entered: 10/24/1996)

CERTIFIED COPY of order from the Seventh Circuit: Dismissing the appeal [46−1] . ( 96−3506) (fce) (Entered: 12/30/1996)

SCHEDULE set on 1/6/97 by Hon. James B. Zagel : Status hearing reset to 10:00 2/7/97 . No notice (drw) (Entered: 01/06/1997)

SCHEDULE set on 1/9/97 by Hon. James B. Zagel : Status hearing reset to 10:00 1/10/97 . No notice (drw) (Entered: 01/09/1997)

MOTION by defendant to compel plaintiff to comply with discovery requests (Exhibits); Notice of motion (Temporarily unavailable for docketing) (eav) (Entered: 01/23/1997)

CERTIFIED copy of Order from the 7th Circuit. It is ordered that this appeal is Dismissed for lack of jurisdiction. Generally, an appeal may not be taken in a civil case until a final judgment disposing of all claims against all parties is entered on the District's Court's civil docket pursuant to Fed. R. Civ. P. 58. See Cleaver v. Elias, 852 F.2d 266 (7th Cir. 1988). The District Court did not enter a Rule 58 judgment in the present case. While the court dismissed one plaintiff from the action, the action continues in the District Court. Therefore, this appeal is premature. Appellant may appeal at the end of the case or upon entry of a partial judgment in compliance with Rule 54(b) of the Federal Rules of Civil Procedure. (96−3506) (eav) (Entered: 01/15/1997)

LETTER from the 7th Circuit returning the record on appeal no. 96−3506 consisting of one volume of pleadings (eav) (Entered: 01/15/1997)

MINUTE ORDER of 1/21/97 by Hon. James B. Zagel : Defendant's [55−1] hearing on motion to compel set for 02/18/97 at 10:00 a.m. Status hearing set for 02/18/97 at 10:00 a.m. No notice (eav) (Entered: 01/23/1997)

SCHEDULE set on 2/25/97 by Hon. James B. Zagel : Status hearing reset to 10:00 3/7/97 . No notice (drw) (Entered: 02/26/1997)

SCHEDULE set on 2/26/97 by Hon. James B. Zagel : Status hearing reset to 10:00 3/11/97 . No notice (drw) (Entered: 03/03/1997)

SCHEDULE set on 3/7/97 by Hon. James B. Zagel : Status hearing held and continued to 10:00 5/5/97 . No notice (drw) (Entered: 03/10/1997)

MINUTE ORDER of 3/31/97 by Hon. James B. Zagel : Plaintiffs motion to compel is granted. [42−1] No notice (eav) (Entered: 04/03/1997)

TRANSCRIPT of proceedings for the following date(s): 03/07/97 before Honorable James B. Zagel (fce) (Entered: 05/06/1997)

SCHEDULE set on 5/5/97 by Hon. James B. Zagel : Status hearing held and continued to 10:00 5/29/97 . In court notice (drw) (Entered: 05/16/1997)

SCHEDULE set on 5/16/97 by Hon. James B. Zagel : Status hearing reset on the court's own motion to 10:00 6/2/97 . Mailed notice (drw) (Entered: 05/16/1997)

SCHEDULE set on 6/2/97 by Hon. James B. Zagel : Status hearing held. Bench trial date to be set. In court notice (drw) (Entered: 06/11/1997)

TRANSCRIPT of proceedings for the following date(s): 05/05/97 before Honorable James B. Zagel (1 vol.) (ar) (Entered: 06/05/1997)

SCHEDULE set on 9/4/97 by Hon. James B. Zagel : Bench trial set to 2:00 10/20/97 on the court's own motion. Mailed notice (drw) (Entered: 09/04/1997)

MOTION by defendant for leave to file a summary judgment and postpone the scheduled trial date ; Notice of motion. (Temporarily unavailable for docketing) (fce) (Entered: 11/18/1997)

SCHEDULE set on 3/9/98 by Hon. James B. Zagel : Bench trial reset to 10:30 3/16/98 on the court's own motion. Mailed notice (drw) (Entered: 03/09/1998)

MINUTE ORDER of 3/16/98 by Hon. James B. Zagel : Bench trial held and concluded. Enter judgment in favor of defendant and against plaintiff. Terminating case. Mailed notice (mjc) (Entered: 04/23/1998)

ENTERED JUDGMENT (mjc) (Entered: 04/23/1998)

MOTION by plaintiff to reopen time for appeal ; Notice of motion (mjc) (Entered: 06/05/1998)

SCHEDULE set on 5/15/98 by Hon. James B. Zagel : Motion to reopen time to appeal hearing set for 10:15 5/21/98 . No notice (drw) (Entered: 05/18/1998)

MINUTE ORDER of 5/21/98 by Hon. James B. Zagel : Plaintiff's motion to reopen time for appeal is granted [68−1]. Mailed notice (mjc) (Entered: 06/05/1998)

NOTICE OF APPEAL by plaintiffs from judgment entered [63−1], from Scheduling order Bench trial held and concluded. [62−1], from Scheduling order Terminating case. [62−2], from motion minute order [62−3] ( $105.00 Paid) (fce) (Entered: 05/27/1998)

DOCKETING STATEMENT by plaintiffs regarding appeal [64−1] . (fce) (Entered: 05/27/1998)

TRANSMITTED to the 7th Circuit the short record on appeal . Mailed notice to all counsel. (fce) (Entered: 05/27/1998)

ACKNOWLEDGEMENT of receipt of short record on appeal USCA 98−2333 (fce) (Entered: 06/02/1998)

SEVENTH CIRCUIT transcript information sheet (fce) (Entered: 06/02/1998)

TRANSMITTED to the 7th Circuit the long record on appeal no. #98−2333 consisting of one volume of pleadings with two volumes of transcripts of proceedings and one loose pleadings sent up under separate certificate. Mailed notice to all counsel. (pmp) (Entered: 06/09/1998)

CERTIFIED copy of Order from the 7th Circuit. It is ordered that both Appellants and Appellee shall file, on or before 6/22/98, a brief memorandum stating why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal pursuant to Fed. R. App. P. 42 (b) will satisfy this requirement. Briefing shall be suspended pending further court order. ( 98−2333) (mjc) (Entered: 06/12/1998)

CERTIFIED copy of Order from the 7th Circuit. ( 98−2333); It is ordered that this appeal shall proceed to briefing. (yap) (Entered: 07/07/1998)

TRANSCRIPT of proceedings for the following date(s): 01/10/96 and 03/16/98 Before Honorable James B. Zagel (Two volumes: 72−1 through 72−2) (mak) (Entered: 07/28/1998)

TRANSMITTED to the 7th Circuit supplement to appeal no. 98−2333 consisting of Two volumes of transcripts (Nos. 72−1 &72−2). Mailed notice to all counsel. (mak) (Entered: 07/28/1998)

CERTIFIED copy of Order from the 7th Circuit. ( 98−2333). On 2/22/99, plaintiffs−appellants filed a petition for rehearing with suggestion for rehearing en banc. All the judges on the original panel have voted to deny the petition, and none of the active judges has requested a vote on the suggestion for rehearing en banc. The petition is therefore denied. (rmm) (Entered: 03/23/1999)