Case: Holmes v. Godinez

1:11-cv-02961 | U.S. District Court for the Northern District of Illinois

Filed Date: May 4, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 04, 2011, deaf and hard of hearing prisoners filed this class-action lawsuit in the U.S. District Court for the Northern District of Illinois against the officials at the Illinois Department of Corrections (IDOC) under 42 U.S.C. § 1983. Represented by a group of public and private lawyers, the plaintiffs alleged that, while in IDOC custody, they were denied the assistance they needed to effectively communicate and participate in IDOC programs and services, in violation of the Americans w…

On May 04, 2011, deaf and hard of hearing prisoners filed this class-action lawsuit in the U.S. District Court for the Northern District of Illinois against the officials at the Illinois Department of Corrections (IDOC) under 42 U.S.C. § 1983. Represented by a group of public and private lawyers, the plaintiffs alleged that, while in IDOC custody, they were denied the assistance they needed to effectively communicate and participate in IDOC programs and services, in violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act, the Religious Land Use and Institutionalized Persons Act, and the Eighth and Fourteenth Amendments. The plaintiffs sought certification of a class consisting of all prisoners who were deaf or hard of hearing, as well as declaratory and injunctive relief.

For nearly the first two years, the parties engaged in settlement talks. However, in April 2013, the settlement status hearings came to an end and discovery commenced. On October 10, 2014, the parties reinitiated settlement talks.

The parties were unable to come to a settlement agreement and recommenced discovery as of April 13, 2015. On October 8, 2015, Judge Marvin E. Aspen released an order granting the plaintiffs' class-action certification. 311 F.R.D. 177. He also denied in part and granted in part the defendant's motion for summary judgment, but only dismissed the plaintiffs' claim of cruel and unusual punishment as it pertained to "communicative isolation." The rest of the plaintiffs' claims stood as the case proceeded.

Additionally, in June 2015 the plaintiffs filed a motion to compel supplemental discovery as to the death of a named plaintiff, who they claimed died of a burst appendix because he was unable to communicate with corrections officers. Though the defendants resisted this discovery, they were ordered to produce it by an order from the Magistrate Judge Young B. Kim on December 18, 2015.

In 2016, the case moved towards trial. On August 2, 2016, Judge Aspen denied the plaintiffs' six motions in limine seeking to preclude multiple defense exhibits and witnesses. 2016 WL 4091625. Judge Aspen also denied the defendants' two motions in limine seeking to bar plaintiffs' deposition testimony and certain exhibits and witnesses. He reopened discovery through October 10, 2016, to allow for inquiry into current prison conditions and for Plaintiffs to depose any newly disclosed defense witnesses.

In September of 2016, the plaintiffs filed a motion to compel responses to new discovery requests, which was granted on November 17, 2016. After several additional months of discovery, the parties agreed to resume settlement discussions. The first one was held before Magistrate Judge Kim on April 5, 2017, and it was followed by ten subsequent conferences over the course of the next year. On April 30, 2018, the court granted the plaintiffs' motion for preliminary approval of the settlement agreement.

Under the terms of the settlement, IDOC agreed to:

(1) adopt a policy and procedure for identifying deaf and hard of hearing inmates through hearing screening and audiological evaluations;

(2) create and maintain a centralized database of deaf and hard of hearing inmates;

(3) issue deaf and hard of hearing inmate identification cards;

(4) perform auxiliary aids and services assessments for deaf and hard of hearing inmates;

(5) provide preliminary accommodations prior to auxiliary aids and services assessments;

(6) maintain auxiliary aids and services assessments and implement individualized inmate communication plans;

(7) conduct IDOC staff training on matters regarding deaf and hard of hearing inmates;

(8) provide deaf and hard of hearing accommodations at inmate orientation;

(9) make certain communication devices/technologies available;

(10) make television accessible for deaf and hard of hearing inmates;

(11) implement a tactile notification system;

(12) ensure equal access to prison employment;

(13) remove hand restraints for deaf and hard of hearing inmates when they are communicating through ASL;

(14) ensure that inmates are not transferred solely because of their deaf or hard of hearing status and consider requests of deaf or hard of hearing individuals to be housed together; and

(15) create and disseminate materials memorializing deaf and hard of hearing inmates' rights.

The settlement agreement stipulated that the court and class counsel would monitor compliance with the settlement agreement. The parties agreed that IDOC would pay class counsel $1,500,000 in attorneys' fees and costs. The court retained jurisdiction to interpret and enforce the settlement agreement for not less than two years following the effective date.

The court required that IDOC provide notice to the class members by May 26, 2018 and set a fairness hearing for July 26, 2018. Following the class members' objections, the plaintiffs filed a motion for final approval of the class settlement agreement and in opposition to those objections. Following the fairness hearing on July 26, 2018, Judge Aspen granted the parties' joint motion for final approval of the class settlement, finding that the settlement was fair, reasonable, adequate, and in the best interests of the class.

On August 6, 2018, the parties filed a joint status report outlining the specific dates by when IDOC must complete certain steps under the class settlement.

On June 8, 2020, Magistrate Judge Kim entered a memorandum order and opinion regarding a motion from the plaintiffs to enforce the settlement's audiological evaluation requirement. The plaintiffs alleged that the IDOC was using Licensed Hearing Instrument Dispensers (LHIDs) to conduct these audiological evaluations, rather than licensed audiologists. LHIDs are trained in fitting and servicing hearing instruments, while audiologists are much more comprehensively trained in identifying, measuring, monitoring, and testing hearing and other audiologic disorders. The plaintiffs further allege that the IDOC is not completing these evaluations in a reasonable time period. The IDOC admitted that it violated the settlement by retaining LHIDs to conduct audiological evaluations for one year following the settlement's approval.

The court granted the plaintiffs' motion to enforce the settlement, and ruled that the IDOCs noncompliance necessitated sanctions. The court ordered the IDOC to pay the plaintiffs' reasonable attorneys' fees and costs. The court also extended its jurisdiction to supervise and enforce the settlement for an additional year.

The case is ongoing with periodic reporting as of October 4, 2020.

Summary Authors

Xin Chen (6/22/2011)

Jessica Kincaid (2/27/2015)

Kat Brausch (4/13/2016)

Eva Richardson (10/14/2018)

Jane Fisher (10/4/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4260041/parties/holmes-v-godinez/


Judge(s)

Aspen, Marvin E. (Illinois)

Finnegan, Sheila Marie (Illinois)

Kim, Young B (Illinois)

Attorneys(s) for Plaintiff

Antholt, Amanda C. (Illinois)

Chung, Jin-Ho (Illinois)

Dunigan, Ryan Marc (Illinois)

James, Jennifer (Illinois)

Mazur, Elizabeth N (Illinois)

McCarthy, Mary Teresa (Illinois)

McCormick, Kevin P. (Illinois)

Judge(s)

Aspen, Marvin E. (Illinois)

Finnegan, Sheila Marie (Illinois)

Kim, Young B (Illinois)

Attorneys(s) for Plaintiff

Antholt, Amanda C. (Illinois)

Chung, Jin-Ho (Illinois)

Dunigan, Ryan Marc (Illinois)

James, Jennifer (Illinois)

Mazur, Elizabeth N (Illinois)

McCarthy, Mary Teresa (Illinois)

McCormick, Kevin P. (Illinois)

Michels, Robert L. (Illinois)

Miller, Laura J. (Illinois)

Mills, Alan S. (Illinois)

Moss, Kate Watson (Illinois)

Motto, Joseph Laurence (Illinois)

Pendry, Lucas T (Illinois)

Peterson, Amy F. (Illinois)

Rosenblum, Howard A (Maryland)

Ross, Joelle Lynn (Illinois)

Schult, Nicole (Illinois)

Shadley, Frederic Charles (Illinois)

Taylor, Barry Charlton (Illinois)

Verma, Nisha (Illinois)

Weisberg, Rachel M. (Illinois)

Wrigley, Nicole E. (Illinois)

Attorneys(s) for Defendant

Arnold, Michael D. (Illinois)

Ioppolo, Thomas A. (Illinois)

Lovellette, Kevin R. (Illinois)

Scheller, Jessica Megan (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

July 22, 2020 Docket
1

Class Action Complaint

May 4, 2011 Complaint
290

Memorandum Opinion and Order

311 F.R.D. 177

Oct. 8, 2015 Order/Opinion
342

Memorandum Opinion and Order

2016 WL 4091625

Aug. 2, 2016 Order/Opinion
436

Memorandum in Support of Joint Motion for Preliminary Approval of Class Settlement Agreement

April 23, 2018 Pleading / Motion / Brief
446-2

Stipulation of Settlement

Holmes v. Baldwin

July 12, 2018 Settlement Agreement
455

Joint Status Report

Aug. 6, 2018 Monitor/Expert/Receiver Report
573

Memorandum Opinion and Order

Holmes v. Jeffreys

2020 WL 3050244

June 8, 2020 Order/Opinion
592

Status Report

None Monitor/Expert/Receiver Report
583

Status Report

None Monitor/Expert/Receiver Report

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4260041/holmes-v-godinez/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT filed by Curtis Halterman, Jason Wright, George Childress, Billy Johnson, Daniel Lord, Daniel Baxter, Wendell Lancaster, Hannibal Eason, Ralph Holmes, Aaron Winfert, Curtis Foster; Filing fee $ 350, receipt number 0752-5965009.(Michels, Robert) (Entered: 05/04/2011)

May 4, 2011 Clearinghouse

case assigned

May 4, 2011 PACER
2

CIVIL Cover Sheet (Michels, Robert) (Entered: 05/04/2011)

May 4, 2011 PACER
3

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Robert L. Michels (Michels, Robert) (Entered: 05/04/2011)

May 4, 2011 PACER
4

SUMMONS Issued as to Defendants Salvador A Godinez, Rachel McKinzie. (mb, ) (Entered: 05/06/2011)

May 4, 2011 PACER
5

SUMMONS Returned Executed by Curtis Halterman, Jason Wright, George Childress, Billy Johnson, Daniel Lord, Daniel Baxter, Wendell Lancaster, Hannibal Eason, Ralph Holmes, Aaron Winfert, Curtis Foster as to Rachel McKinzie on 5/4/2011, answer due 5/25/2011. (Michels, Robert) (Entered: 05/06/2011)

May 6, 2011 PACER
6

SUMMONS Returned Executed by Curtis Halterman, Jason Wright, George Childress, Billy Johnson, Daniel Lord, Daniel Baxter, Wendell Lancaster, Hannibal Eason, Ralph Holmes, Aaron Winfert, Curtis Foster as to Salvador A Godinez on 5/4/2011, answer due 5/25/2011. (Michels, Robert) (Entered: 05/06/2011)

May 6, 2011 PACER
7

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Amy F. Peterson (Peterson, Amy) (Entered: 05/10/2011)

May 10, 2011 PACER
8

MINUTE entry before Honorable Marvin E. Aspen: Status hearing set for 6/16/2011 at 10:30 AM., in Courtroom 2525. The plaintiffs are to notify the defendants of status date.Judicial staff mailed notice (gl, ) (Entered: 05/11/2011)

May 11, 2011 PACER
9

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Alan S. Mills (Mills, Alan) (Entered: 05/11/2011)

May 11, 2011 PACER
10

MINUTE entry before Honorable Marvin E. Aspen: Plaintiffs complaint has been screened pursuant to 28 § 1915A. Plaintiffs complaint is accepted. Mailed notice (mb, ) (Entered: 05/12/2011)

May 11, 2011 PACER
11

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Barry Charlton Taylor (Taylor, Barry) (Entered: 05/12/2011)

May 12, 2011 PACER
12

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Laura J. Miller (Miller, Laura) (Entered: 05/19/2011)

May 19, 2011 PACER
13

ATTORNEY Appearance for Defendants Salvador A Godinez, Rachel McKinzie by Thomas A. Ioppolo (Ioppolo, Thomas) (Entered: 05/25/2011)

May 25, 2011 PACER
14

ATTORNEY Appearance for Defendants Salvador A Godinez, Rachel McKinzie by Kevin R. Lovellette (Lovellette, Kevin) (Entered: 05/25/2011)

May 25, 2011 PACER
15

MOTION by Defendants Salvador A Godinez, Rachel McKinzie for extension of time to answer or otherwise plead (Lovellette, Kevin) (Entered: 05/25/2011)

May 25, 2011 PACER
16

NOTICE of Motion by Kevin R. Lovellette for presentment of extension of time 15 before Honorable Marvin E. Aspen on 6/2/2011 at 10:30 AM. (Lovellette, Kevin) (Entered: 05/25/2011)

May 25, 2011 PACER
17

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Kevin P. McCormick (McCormick, Kevin) (Entered: 05/26/2011)

May 26, 2011 PACER
18

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Nicole E Wrigley (Wrigley, Nicole) (Entered: 05/26/2011)

May 26, 2011 PACER
19

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Joseph Laurence Motto (Motto, Joseph) (Entered: 05/26/2011)

May 26, 2011 PACER
20

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Nisha Verma (Verma, Nisha) (Entered: 05/26/2011)

May 26, 2011 PACER
21

MINUTE entry before Honorable Marvin E. Aspen:Defendants' Motion for extension of time 15 to answer or otherwise plead to the plaintiffs' class action complaint, to 7/25/11, is granted. Final extension. Motion terminated. The motion hearing set for 6/2/11 is stricken. The status hearing set for 6/16/11 is stricken and reset to 7/28/2011 at 10:30 AM.Judicial staff mailed notice (gl, ) (Entered: 05/31/2011)

May 31, 2011 PACER
22

MOTION by Defendants Salvador A Godinez, Rachel McKinzieReferral to Magistrate and Enlargement of Time (Lovellette, Kevin) (Entered: 07/22/2011)

July 22, 2011 PACER

extension of time

July 22, 2011 PACER
23

NOTICE of Motion by Kevin R. Lovellette for presentment of motion for miscellaneous relief 22 before Honorable Marvin E. Aspen on 7/28/2011 at 10:30 AM. (Lovellette, Kevin) (Entered: 07/22/2011)

July 22, 2011 PACER
24

MINUTE entry before Honorable Marvin E. Aspen:Agreed Motion 22 for referral and motion for enlargement of time to answer or otherwise plead (22) is granted. The time for defenants to answer or otherwise plead to plaintiffs' complaint is extended until after the settlement conference. This case is referred to Magistrate Judge Finnegan for a settlement conference. The Status hearing set for 7/28/11 is stricken and reset to 9/8/2011 at 10:30 AM. The motion hearing set for 7/28/11 is stricken.Judicial staff mailed notice (gl, ) (Entered: 07/25/2011)

July 25, 2011 PACER
25

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Sheila M. Finnegan for the purpose of holding proceedings related to: settlement conference. (gl, )Judicial staff mailed notice. (Entered: 07/25/2011)

July 25, 2011 PACER
26

MINUTE entry before Honorable Sheila M. Finnegan: This case has been referred to Judge Finnegan to conduct a settlement conference. A status hearing is set for 8/15/2011 at 11:00 A.M. to discuss logistical and other issues. Mailed notice by judge's staff. (srb,) (Entered: 07/26/2011)

July 26, 2011 PACER
27

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing and preliminary settlement conference (counsel only) held on 8/15/2011 and continued to 10/12/2011 at 10:30 a.m. By agreement of the parties, Defendants will send a written response to Plaintiffs' proposed settlement agreement by 9/28/2011. Prior to the next status hearing, the parties are to meet and confer concerning areas of disagreement and suggested next steps in the settlement process. Plaintiffs are to email a copy of their proposed settlement agreement to Judge Finnegan's proposed order box (Proposed_Order_Finnegan@ilnd.uscourts.gov), and Defendants are to email their written response to that order box. If the parties elect for a telephonic status on 10/12/2011, then Plaintiffs are to initiate the conference call and contact Judge Finnegan's chambers at (312) 435-5657 after all counsel are on the line, or establish a call-bridge and provide a call-in number and passcode. Mailed notice. (is, ) (Entered: 08/15/2011)

Aug. 15, 2011 PACER
28

MINUTE entry before Honorable Marvin E. Aspen:The Status hearing set for 9/8/11 is stricken and reset to 10/20/2011 at 10:30 AM.Judicial staff mailed notice (gl, ) (Entered: 09/06/2011)

Sept. 6, 2011 PACER
29

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Howard A. Rosenblum (Rosenblum, Howard) (Entered: 09/07/2011)

Sept. 7, 2011 PACER
30

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge Status hearing held on 10/12/2011 and continued to 11/9/2011 at 10:30 a.m. Preliminary settlement conference (counsel only) held on 10/12/2011. Parties have exchanged initial written settlement proposals. Prior to the next status, counsel are to continue settlement discussions in a face-to-face meeting. Mailed notice. (is, ) (Entered: 10/12/2011)

Oct. 12, 2011 PACER
31

MINUTE entry before Honorable Marvin E. Aspen:The Status hearing set for 10/20/11 is stricken and reset to 12/15/2011 at 10:30 AM.Judicial staff mailed notice (gl, ) (Entered: 10/17/2011)

Oct. 17, 2011 PACER
32

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge Status hearing is reset to 11/9/2011 at 11:00 a.m. Mailed notice. (is, ) (Entered: 11/03/2011)

Nov. 3, 2011 PACER
33

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing set for 11/9/2011 is stricken and reset to 12/7/2011 at 10:00 a.m. Mailed notice. (is, ) (Entered: 11/08/2011)

Nov. 8, 2011 PACER
34

MINUTE entry before Honorable Sheila Finnegan: Settlement Conference with attorneys is set for 2/6/2012 at 11:00 a.m. Mailed notice. (is, ) (Entered: 12/07/2011)

Dec. 7, 2011 PACER
35

MINUTE entry before Honorable Marvin E. Aspen:The Status hearing set for 12/15/11 is stricken and reset to 2/9/2012 at 10:30 AM.Judicial staff mailed notice (gl, ) (Entered: 12/12/2011)

Dec. 12, 2011 PACER
36

MINUTE entry before Honorable Marvin E. Aspen: The minute entry of 12/7/11 (34) resetting the status hearing date of 12/15/11 to 2/6/12 is vacated. Status hearing date of 2/6/12 is vacated. Status hearing is set for 12/15/2011 at 10:30 AM.Judicial staff mailed notice (gl, ) (Entered: 12/12/2011)

Dec. 12, 2011 PACER
37

MINUTE entry before Honorable Marvin E. Aspen:Status hearing held on 12/15/2s011, and continued to 2/16/2012 at 10:30 AM., for report on settlement. Defendants are to respond to plaintiffs complaint by 1/17/12. Parties are to file with the court a joint discovery plan two days in advance of the status hearing, with a courtesy copy to chambers, Room 2578. Judicial staff mailed notice (gl, ) (Entered: 12/15/2011)

Dec. 15, 2011 PACER
38

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Mary Teresa Mccarthy (Mccarthy, Mary) (Entered: 01/04/2012)

Jan. 4, 2012 PACER
39

ANSWER to Complaint with Jury Demand by Salvador A Godinez, Rachel McKinzie(Lovellette, Kevin) (Entered: 01/17/2012)

Jan. 17, 2012 PACER
40

MINUTE entry before Honorable Sheila Finnegan: Conference held with attorneys on 2/6/2012 for a report on status of settlement discussions. Telephonic status hearing is set for 4/5/2012 at 1:15 p.m. Mailed notice. (is, ) (Entered: 02/06/2012)

Feb. 6, 2012 PACER
41

MOTION by Defendants Salvador A Godinez, Rachel McKinzieDefer Discovery Pending Settlement (Lovellette, Kevin) (Entered: 02/10/2012)

Feb. 10, 2012 PACER
42

NOTICE of Motion by Kevin R. Lovellette for presentment of motion for miscellaneous relief 41 before Honorable Marvin E. Aspen on 2/16/2012 at 10:30 AM. (Lovellette, Kevin) (Entered: 02/10/2012)

Feb. 10, 2012 PACER
43

MINUTE entry before Honorable Marvin E. Aspen:Defendants' Motion 41 to defer discovery pending settlement is granted. The status hearing and for the filing of a joint discovery plan set for 2/16/12 is stricken and reset to 5/3/12 at 10:30 a.m. If the case does not settle, a joint discovery plan is to be filed with the Court two days in advance of the 5/3/12 status date, with a courtesy copy to Chambers, Room 2578. The motion hearing set for 2/16/12 is stricken. Judicial staff mailed notice (gl, ) (Entered: 02/14/2012)

Feb. 14, 2012 PACER
44

RESPONSE by Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright in Opposition to Defendants' Motion to Defer Discovery (Michels, Robert) (Entered: 02/14/2012)

Feb. 14, 2012 PACER
45

Plaintiffs' Proposed Discovery Plan by Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright (Michels, Robert) (Entered: 02/14/2012)

Feb. 14, 2012 PACER
46

MINUTE entry before Honorable Marvin E. Aspen:The minute entry of 2/14/12 (43) granting defendants' motion to defer discovery is vacated. Status hearing and the motion to defer will be heard on 2/16/2012 at 10:30 AM.Judicial staff mailed notice (gl, ) (Entered: 02/14/2012)

Feb. 14, 2012 PACER
47

MINUTE entry before Honorable Marvin E. Aspen:Status hearing held on 2/16/2012, and continued to 4/5/2012 at 10:30 AM. For the reasons stated in open court, defendants' motion to defer discovery is denied. Parties are referred to Magistrate Judge Finnegan for continued settlement discussions.Judicial staff mailed notice (gl, ) (Entered: 02/16/2012)

Feb. 16, 2012 PACER
48

MINUTE entry before Honorable Sheila Finnegan: Conference held with attorneys on 2/16/2012. By 3/1/2012, counsel are to confer and attempt to reach agreement concerning (1) what discovery should be taken at this time to facilitate settlement discussions, (2) the structure of future settlement discussions and Judge Finnegan's role in those discussions, and (3) a proposed date for the next conference with Judge Finnegan. After they confer, counsel are to contact the courtroom deputy (312-408-5110) to schedule a telephone or in-person conference with Judge Finnegan. Mailed notice. (is, ) (Entered: 02/16/2012)

Feb. 16, 2012 PACER
49

MINUTE entry before Honorable Sheila Finnegan: Telephone conference with counsel for the parties held on 3/6/2012 and continued to 3/19/2012 at 11:00 a.m. Counsel report that they are in agreement that no discovery should take place at this time. They are continuing to engage in settlement discussions and will attempt to determine by the next status hearing with the district judge whether settlement is feasible or not. Mailed notice. (is, ) (Entered: 03/07/2012)

March 6, 2012 PACER
50

MINUTE entry before Honorable Sheila Finnegan: Telephone conference held with counsel for the parties on 3/22/2012 to discuss settlement issues. The parties have made further progress toward a potential settlement and will be prepared to report to the district judge and magistrate judge on 4/5/2012 whether the parties have resolved one remaining major issue. If so, the parties will seek additional time to continue settlement discussions focused on numerous small issues and details of an agreement. This Court's status hearing on 4/5/2012 is moved from 1:15 p.m. to 10:15 a.m. so counsel may appear immediately after the status hearing with the district judge. Mailed notice. (is, ) (Entered: 03/22/2012)

March 22, 2012 PACER
51

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing is set to 4/5/2012 at 10:45 a.m. Mailed notice. (is, ) (Entered: 04/04/2012)

April 4, 2012 PACER
52

MINUTE entry before Honorable Marvin E. Aspen:Status hearing held on 4/5/2012, and continued to 5/21/2012 at 10:30 AM., for report on settlement.Judicial staff mailed notice (gl, ) (Entered: 04/05/2012)

April 5, 2012 PACER
53

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing held on 4/5/2012 and continued to 5/4/2012 at 9:15 a.m. for report on settlement. Mailed notice. (is, ) (Entered: 04/05/2012)

April 5, 2012 PACER
54

MINUTE entry before Honorable Marvin E. Aspen:The tatus hearing set for 5/21/12 is srricken and reset to 5/24/2012 at 10:30 AM.Judicial staff mailed notice (gl, ) (Entered: 04/25/2012)

April 25, 2012 PACER
55

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing held on 5/4/2012 and continued to 5/24/2012 at 11:00 a.m. The parties report on the status of settlement discussions. Mailed notice. (is, ) (Entered: 05/04/2012)

May 4, 2012 PACER
56

MOTION by counsel for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright to withdraw as attorney Nisha Verma (Wrigley, Nicole) (Entered: 05/07/2012)

May 7, 2012 PACER
57

NOTICE of Motion by Nicole E Wrigley for presentment of motion to withdraw as attorney, 56 before Honorable Marvin E. Aspen on 5/10/2012 at 10:30 AM. (Wrigley, Nicole) (Entered: 05/07/2012)

May 7, 2012 PACER
58

MINUTE entry before Honorable Marvin E. Aspen:Plaintiffs' Motion to withdraw Nisha Verma as attorney 56 is granted. Attorney Nisha Verma terminated. The motion hearing date of 5/10/12 is stricken.Judicial staff mailed notice (gl, ) (Entered: 05/08/2012)

May 8, 2012 PACER
59

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing held on 5/24/2012 and continued to 6/21/2012 at 10:45 a.m. The parties report on the progress of the settlement discussions. Mailed notice. (is, ) (Entered: 05/24/2012)

May 24, 2012 PACER
60

MINUTE entry before Honorable Marvin E. Aspen:Status hearing held on 5/24/2012, and continued to 6/21/2012 at 10:30 AM., for report on settlement.Judicial staff mailed notice (gl, ) (Entered: 05/24/2012)

May 24, 2012 PACER
61

MINUTE entry before Honorable Marvin E. Aspen:Status hearing held on 6/21/2012, and continued to 8/23/2012 at 10:30 AM.. Parties are to file with the Court a joint discovery plan, and provide a courtesy copy to Chambers, Room 2578 two days in advance of the status hearing. Judicial staff mailed notice (gl, ) (Entered: 06/21/2012)

June 21, 2012 PACER
62

MINUTE entry before Honorable Sheila Finnegan: Conference with parties to discuss settlement issues held on 6/21/2012 and continued to 8/23/2012 at 10:45 a.m. Parties may contact Judge Finnegan's courtroom deputy to request an interim date for a conference if the parties feel this would be helpful. Mailed notice. (is, ) (Entered: 06/21/2012)

June 21, 2012 PACER
63

STATUS Report (Joint Initial) by Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Salvador A Godinez, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Rachel McKinzie, Aaron Winfert, Jason Wright (Michels, Robert) (Entered: 08/21/2012)

Aug. 21, 2012 PACER
64

MINUTE entry before Honorable Marvin E. Aspen: Status hearing held on 8/23/2012, and continued to 10/17/13 at 10:30 a.m. All Discovery. including expert discovery, ordered closed by 9/15/2013. Parties are to either file a joint pretrial order or dispositive motions with supporting memorandums in open court on 10/17/2013 at 10:30 AM. Parties are referred to Magistrate Judge Finnegan forthwith for further settlement conference. Judicial staff mailed notice (gl, ) (Entered: 08/23/2012)

Aug. 23, 2012 PACER
65

MINUTE entry before Honorable Sheila M. Finnegan:Status conference was held with parties to discuss settlement issues. By 9/6/2012, each party will submit their most recent settlement proposal to Judge Finnegan via e-mail to her "Proposed Mail Order Box", as well as a short letter with any information that they desire to share with Judge Finnegan on a confidential basis.Mailed notice (ldg, ) (Entered: 08/23/2012)

Aug. 23, 2012 PACER
66

MINUTE entry before Honorable Sheila Finnegan: Telephone conference held with counsel for defendants on 9/14/2012 to discuss settlement issues. Mailed notice. (is, ) (Entered: 09/14/2012)

Sept. 14, 2012 PACER
67

MINUTE entry before Honorable Sheila Finnegan: Telephone conference held with counsel for plaintiffs on 9/19/2012 to discuss settlement issues. Mailed notice. (is, ) (Entered: 09/20/2012)

Sept. 19, 2012 PACER
68

MOTION by Defendants Salvador A Godinez, Rachel McKinzie for protective order (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lovellette, Kevin) (Entered: 11/01/2012)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

Nov. 1, 2012 PACER
69

NOTICE of Motion by Kevin R. Lovellette for presentment of motion for protective order 68 before Honorable Sheila M. Finnegan on 11/8/2012 at 09:15 AM. (Lovellette, Kevin) (Entered: 11/01/2012)

Nov. 1, 2012 PACER
70

MINUTE entry before Honorable Sheila Finnegan: Defendants' motion to enter an agreed protective order 68 is granted. Motion hearing set for 11/8/2012 is cancelled. Mailed notice. (is, ) (Entered: 11/02/2012)

Nov. 2, 2012 PACER
71

AGREED CONFIDENTIALITY Order Signed by the Honorable Sheila Finnegan on 11/2/2012: Mailed notice. (is, ) (Entered: 11/02/2012)

Nov. 2, 2012 PACER
72

AGREED HIPAA QUALIFIED PROTECTIVE Order Signed by the Honorable Sheila Finnegan on 1/29/2013: Mailed notice. (is, ) (Entered: 01/30/2013)

Jan. 29, 2013 PACER
73

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing set for 2/6/2013 at 11:30 a.m. Mailed notice. (is, ) (Entered: 01/31/2013)

Jan. 31, 2013 PACER
74

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Ryan Marc Dunigan (Dunigan, Ryan) (Entered: 02/06/2013)

Feb. 6, 2013 PACER
75

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing held on 2/6/2013. Parties report on the status of discovery. Judge Finnegan will resume settlement talks with the parties next month after they complete the bulk of ongoing written discovery. Plaintiffs' counsel is to contact the courtroom deputy by 3/13/2013 with available dates for a conference with Judge Finnegan to discuss settlement issues. Mailed notice. (is, ) (Entered: 02/07/2013)

Feb. 6, 2013 PACER
76

MINUTE entry before Honorable Sheila Finnegan: Telephone conference set for 4/15/2013 at 9:30 a.m. with counsel for plaintiffs to discuss settlement issues. Mailed notice. (is, ) (Entered: 03/18/2013)

March 18, 2013 PACER
77

MINUTE entry before Honorable Sheila Finnegan: Telephone conference held on 4/15/2013 with counsel for Plaintiffs to discuss settlement issues. Mailed notice. (is, ) (Entered: 04/15/2013)

April 15, 2013 PACER
78

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing is set for 5/13/2013 at 9:45 a.m. for a report on progress in completing discovery. Mailed notice. (is, ) (Entered: 04/15/2013)

April 15, 2013 PACER
79

MINUTE entry before Honorable Sheila Finnegan: Telephonic conference set for 4/29/2013 at 1:45 p.m. with defense counsel to conduct settlement discussions. Defense counsel is to initiate the conference call and contact Judge Finnegan's chambers at (312) 435-5657. Mailed notice. (is, ) (Entered: 04/17/2013)

April 17, 2013 PACER
80

MINUTE entry before Honorable Sheila Finnegan: Telephone conference held on 4/29/2013 with counsel for Defendants to discuss settlement issues. Mailed notice. (is, ) (Entered: 04/30/2013)

April 29, 2013 PACER
81

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing is reset to 6/6/2013 at 9:45 a.m. for a report on progress in completing discovery. Mailed notice. (is, ) (Entered: 04/30/2013)

April 30, 2013 PACER
82

ATTORNEY Appearance for Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright by Lucas T Pendry (Pendry, Lucas) (Entered: 04/30/2013)

April 30, 2013 PACER
83

MOTION by Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright to Enter Order on Fact Depositions (Agreed) (Attachments: # 1 Exhibit A)(Wrigley, Nicole) (Entered: 05/20/2013)

1 Exhibit A

View on PACER

May 20, 2013 PACER
84

NOTICE of Motion by Nicole E Wrigley for presentment of motion for miscellaneous relief, 83 before Honorable Sheila M. Finnegan on 5/23/2013 at 09:15 AM. (Wrigley, Nicole) (Entered: 05/20/2013)

May 20, 2013 PACER
85

MOTION by Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright to Enter HIPAA Qualified Protective Order for Third Parties (Agreed) (Attachments: # 1 Exhibit A)(Wrigley, Nicole) (Entered: 05/20/2013)

1 Exhibit A

View on PACER

May 20, 2013 PACER
86

NOTICE of Motion by Nicole E Wrigley for presentment of motion for miscellaneous relief, 85 before Honorable Sheila M. Finnegan on 5/23/2013 at 09:15 AM. (Wrigley, Nicole) (Entered: 05/20/2013)

May 20, 2013 PACER
87

MINUTE entry before Honorable Sheila Finnegan: Enter Agreed Order on Fact Depositions. Plaintiffs' agreed motion to enter order on fact depositions 83 is granted. [For further detail see separate order(s)]. Mailed notice. (is, ) (Entered: 05/20/2013)

May 20, 2013 PACER
88

AGREED ORDER on Fact Depositions Signed by the Honorable Sheila Finnegan on 5/20/2013. Mailed notice. (is, ) (Entered: 05/20/2013)

May 20, 2013 PACER
89

MINUTE entry before Honorable Sheila Finnegan: Enter Agreed HIPAA Qualified Protective Order for Third Parties. Plaintiffs' agreed motion to enter HIPAA qualified protective order for third parties 85 is granted. [For further details see separate order(s)]. Mailed notice. (is, ) (Entered: 05/20/2013)

May 20, 2013 PACER
90

AGREED HIPPA QUALIFIED PROTECTIVE Order for Third Parties Signed by the Honorable Sheila Finnegan on 5/20/2013: Mailed notice. (is, ) (Entered: 05/20/2013)

May 20, 2013 PACER
91

MINUTE entry before Honorable Sheila Finnegan: Magistrate Judge status hearing held on 6/6/2013. Parties report on progress in completing discovery. Magistrate Judge telephonic status hearing set for 7/22/2013 at 9:30 a.m. Mailed notice. (is, ) (Entered: 06/06/2013)

June 6, 2013 PACER
92

MOTION by Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright to Overrule Certain Objections to Plaintiffs' Discovery Requests and to Compel Production (Attachments: # 1 Exhibit A-P)(Wrigley, Nicole) (Entered: 06/14/2013)

1 Exhibit A-P

View on PACER

June 14, 2013 PACER
93

NOTICE of Motion by Nicole E Wrigley for presentment of motion for miscellaneous relief, 92 before Honorable Sheila M. Finnegan on 6/20/2013 at 09:15 AM. (Wrigley, Nicole) (Entered: 06/14/2013)

June 14, 2013 PACER
94

MOTION by Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright to compel Discovery from Defendants (Second) (Attachments: # 1 Exhibit A-N)(Wrigley, Nicole) (Entered: 06/18/2013)

1 Exhibit A-N

View on PACER

June 18, 2013 PACER
95

NOTICE of Motion by Nicole E Wrigley for presentment of motion to compel, 94 before Honorable Sheila M. Finnegan on 6/25/2013 at 09:15 AM. (Wrigley, Nicole) (Entered: 06/18/2013)

June 18, 2013 PACER
96

MINUTE entry before Honorable Sheila Finnegan: Motion Hearing as to Plaintiffs' motion to overrule certain objections to plaintiffs' discovery requests and to compel production 92 is reset to 6/25/2013 at 9:15 a.m. Mailed notice. (is, ) (Entered: 06/20/2013)

June 20, 2013 PACER
97

RESPONSE by Salvador A Godinez, Rachel McKinziein Opposition to MOTION by Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright to Overrule Certain Objections to Plaintiffs' Discovery 92 (Lovellette, Kevin) (Entered: 06/23/2013)

June 23, 2013 PACER
98

RESPONSE by Salvador A Godinez, Rachel McKinziein Opposition to MOTION by Plaintiffs Daniel Baxter, George Childress, Hannibal Eason, Curtis Foster, Curtis Halterman, Ralph Holmes, Billy Johnson, Wendell Lancaster, Daniel Lord, Aaron Winfert, Jason Wright to compel Discovery from Defendants (Second) 94 (Lovellette, Kevin) (Entered: 06/23/2013)

June 23, 2013 PACER

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

Post-WalMart decisions on class certification

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: May 4, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Deaf and hard of hearing prisoners in the custody of the Illinois Department of Corrections.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Free Exercise Clause

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $1,500,000

Order Duration: 2018 - 2021

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Monitor/Master

Monitoring

Provide antidiscrimination training

Reasonable Accommodation

Training

Issues

General:

Communication skills

Conditions of confinement

Disparate Treatment

Reasonable Accommodations

Screen readers and similar accessibility devices

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Disability:

Hearing impairment

Type of Facility:

Government-run