Case: Phipps v. Sheriff of Cook County

COMPLAINT filed by Derrick Phipps; Jury Demand.(rp, ) (Entered: 07/12/2007)

CIVIL Cover Sheet. (rp, ) (Entered: 07/12/2007)

ATTORNEY Appearance for Plaintiff Derrick Phipps by Thomas G. Morrissey. (rp, ) (Entered: 07/12/2007)

SUMMONS Issued as to Defendants Sheriff of Cook County, Cook County, Illinois. (rp, ) (Entered: 07/12/2007)

Plaintiffs' AMENDED complaint by Derrick Phipps against all defendants (Morrissey, Thomas) (Entered: 07/12/2007)

NOTICE by Derrick Phipps Amended Complaint (Morrissey, Thomas) (Entered: 07/12/2007)

ATTORNEY Appearance for Plaintiff Derrick Phipps by Robert Hugh Farley, Jr (Farley, Robert) (Entered: 07/15/2007)

ATTORNEY Appearance for Defendants Sheriff of Cook County, Cook County, Illinois by Jamie Melissa Sheehan (Sheehan, Jamie) (Entered: 07/19/2007)

MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for extension of time to file answer or otherwise plead (Sheehan, Jamie) (Entered: 07/19/2007)

NOTICE of Motion by Jamie Melissa Sheehan for presentment of motion for extension of time to file answer 10 before Honorable Elaine E. Bucklo on 8/1/2007 at 09:30 AM. (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 07/19/2007)

2 Certificate of Service

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RESPONSE by Derrick Phipps to MOTION by Defendants Sheriff of Cook County, Cook County, Illinois for extension of time to file answer or otherwise plead 10 (Morrissey, Thomas) (Entered: 07/20/2007)

NOTICE by Derrick Phipps Plaintiffs' Response to Defendants' Motion For An Extension of Time To Answer or Otherwise Plead (Morrissey, Thomas) (Entered: 07/20/2007)

MINUTE entry before Judge Elaine E. Bucklo :Defendants' motion for extension of time until 9/14/07 to answer or otherwise plead 10 is granted.Scheduling Conference set for 9/28/2007 at 09:30 AM. At least three days prior to the conference, the parties shall meet and submit to the court a report in the form found on Judge Bucklo's web page under Report of Parties' Planning Meeting.Mailed notice (mpj, ) (Entered: 07/24/2007)

ATTORNEY Appearance for Plaintiff Derrick Phipps by Kenneth N Flaxman (Flaxman, Kenneth) (Entered: 08/08/2007)

Agreed Protective Order by Sheriff of Cook County, Cook County, Illinois (Sheehan, Jamie) (Entered: 08/30/2007)

NOTICE by Sheriff of Cook County, Cook County, Illinois (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 08/30/2007)

2 Certificate of Service

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AGREED PROTECTIVE Order Signed by Judge Elaine E. Bucklo on 8/30/2007.(rp, ) (Entered: 09/06/2007)

ANSWER to amended complaint by Sheriff of Cook County, Cook County, Illinois(Sheehan, Jamie) (Entered: 09/14/2007)

NOTICE by Sheriff of Cook County, Cook County, Illinois re answer to amended complaint 19 (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 09/14/2007)

2 Certificate of Service

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REPORT of Rule 26(f) Planning Meeting by Derrick Phipps, Sheriff of Cook County, Cook County, Illinois (Farley, Robert) (Entered: 09/25/2007)

NOTICE by Derrick Phipps Of Filing Of Parties Planning Meeting (Farley, Robert) (Entered: 09/25/2007)

MINUTE entry before Judge Elaine E. Bucklo :On court's own motion, Scheduling Conference set for 9/28/07 is reset for 10/2/2007 at 09:45 AM.Mailed notice (mpj, ) (Entered: 09/27/2007)

MINUTE entry before Judge Elaine E. Bucklo :Pursuant to parties' request, Scheduling Conference set for 10/2/07 is reset for 10/3/2007 at 09:30 AM.No notice (mpj, ) (Entered: 09/27/2007)

MINUTE entry before Judge Elaine E. Bucklo :Status hearing held on 10/3/2007 and the court approved parties' scheduling order. Plaintiff shall comply with FRCP(26)(a)(2) by 11/16/07. Defendant shall comply with FRCP(26)(a)(2) by 12/16/07.Dispositive motions with supporting memoranda due by 5/1/2008. Pretrial Order due by 9/2/2008.Status hearing set for 3/14/2008 at 10:00 AM. This case is referred to Magistrate Judge Cole for supervision of discovery and judge Cole is requested to set deadlines for discovery. Mailed notice (mpj, ) (Entered: 10/03/2007)

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Magistrate Judge Jeffrey Cole for the purpose of holding proceedings related to: Supervision of discovery.(mpj, )Mailed notice. (Entered: 10/03/2007)

MINUTE entry before Judge Elaine E. Bucklo :Plaintiff's motion for class certification will be due by 10/24/07; response by 11/21/07; and any reply by 12/12/07. Target date for ruling by mail set for 1/11/08.Mailed notice (mpj, ) (Entered: 10/03/2007)

MINUTE entry before Judge Jeffrey Cole : Initial status hearing before Magistrate Judge Cole is set for 10/17/07 at 9:00 a.m. (kef, ) (Entered: 10/10/2007)

MOTION by Plaintiff Derrick Phipps to compel Defendants to produce documents (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Farley, Robert) (Entered: 10/11/2007)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Plaintiffs NOTICE of Motion by Robert Hugh Farley, Jr for presentment of motion to compel 29 before Honorable Jeffrey Cole on 10/17/2007 at 08:30 AM. (Farley, Robert) (Entered: 10/11/2007)

RESPONSE by Sheriff of Cook County, Cook County, Illinoisin Opposition to MOTION by Plaintiff Derrick Phipps to compel Defendants to produce documents 29 (Sheehan, Jamie) (Entered: 10/12/2007)

NOTICE by Sheriff of Cook County, Cook County, Illinois re response in opposition to motion 31 to compel production (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 10/12/2007)

2 Certificate of Service

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MINUTE entry before Judge Jeffrey Cole :Status hearing before Magistrate Judge Cole is set for 10/18/2007 at 09:00 AM.Mailed notice (jms, ) (Entered: 10/15/2007)

REPLY by Derrick Phipps to response in opposition to motion 31 Motion to Compel (Morrissey, Thomas) (Entered: 10/16/2007)

NOTICE by Derrick Phipps Plaintiffs' Reply to Defendants's Response to Motion to Compel (Morrissey, Thomas) (Entered: 10/16/2007)

MINUTE entry before Judge Jeffrey Cole : Status hearing date of 10/18/07 is stricken. Status hearing date of 10/17/2007 at 8:30 am shall stand.Mailed notice (jms, ) (Entered: 10/16/2007)

MINUTE entry before Judge Jeffrey Cole : Motion hearing held. MOTION by Plaintiff Derrick Phipps to compel Defendants to produce documents 29 is granted in part and denied in part as outlined in open court. The parties are directed to submit a proposed protective order to chambers.Status hearing set for 11/19/2007 at 08:30 AM.Advised in open court (jms, ) (Entered: 10/17/2007)

MOTION by Plaintiff Derrick Phipps to certify class (Attachments: # 1 Exhibit Exhibit 1 (Sworn Declarations)# 2 Exhibit Expert Report# 3 Certificate of Service Certificate of Service)(Flaxman, Kenneth) (Entered: 10/24/2007)

2 Exhibit Exhibit 1 (Sworn Declarations)

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3 Exhibit Expert Report

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4 Certificate of Service Certificate of Service

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QUALIFIED PROTECTIVE Order signed by Judge Jeffrey Cole on 10/24/2007:Mailed notice (tlm) (Entered: 10/28/2007)

MINUTE entry before Judge Elaine E. Bucklo :Set deadlines/hearing as to plaintiff's motion to certify class 38 : Responses due by 12/14/2007, Replies due by 1/4/2008. Target date for ruling by mail set for 2/8/08.Mailed notice (mpj, ) (Entered: 10/30/2007)

ORAL MOTION by counsel Jamie Melissa Sheehan to withdraw as attorney for Defendants Sheriff of Cook County, Cook County, Illinois. (cdh, ) (Entered: 11/19/2007)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Daniel Francis Gallagher (Gallagher, Daniel) (Entered: 11/19/2007)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Lawrence S. Kowalczyk (Kowalczyk, Lawrence) (Entered: 11/19/2007)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Dominick L Lanzito (Lanzito, Dominick) (Entered: 11/19/2007)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Mary Elizabeth McClellan (McClellan, Mary) (Entered: 11/19/2007)

MINUTE entry before Judge Jeffrey Cole: Status hearing held and continued for 1/22/2008 at 8:30 A.M. Ms. Jamie Melissa Sheehan's oral motion for leave to withdraw as counsel for defendants is granted. Mailed notice (tlm) (Entered: 11/20/2007)

MINUTE entry before Judge Jeffrey Cole :Minute order of 11/19/07 is corrected as follows: Status hearing held and continued to 1/22/08 at 8:30 a.m. Ms. Jamie Sheehan's oral motion for leave to withdraw as counsel for defendant Sheriff of Cook County is granted. Mailed notice (cdh, ) (Entered: 11/21/2007)

MOTION by Defendant Sheriff of Cook County for extension of time (McClellan, Mary) (Entered: 11/26/2007)

NOTICE of Motion by Mary Elizabeth McClellan for presentment of extension of time 48 before Honorable Elaine E. Bucklo on 11/29/2007 at 09:30 AM. (McClellan, Mary) (Entered: 11/26/2007)

MINUTE entry before Judge Elaine E. Bucklo :Defendant's motion for extension of time 48 until 1/14/08 to respond to motion for class certification is granted. Accordingly, reply is extended to 1/28/08. Target date for ruling by mail set for 2/8/07 is reset for 2/29/08.Mailed notice (mpj, ) (Entered: 11/27/2007)

ATTORNEY Appearance for Defendant Sheriff of Cook County by Paul A OGrady (OGrady, Paul) (Entered: 12/13/2007)

Defendant's Responses to Plaintiff's First Request to Admit by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/09/2008)

NOTICE by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/09/2008)

Defendant's Responses to Plaintiffs' Second Request to Admit by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/10/2008)

NOTICE by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/10/2008)

Defendant Cook County's Response to Plaintiff's First Request to Admit by Cook County, Illinois (Sheehan, Jamie) (Entered: 01/10/2008)

NOTICE by Cook County, Illinois re other 56 (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 01/10/2008)

2 Certificate of Service

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Defendant Cook County's Response to Plaintiff's Second Request to Admit by Cook County, Illinois (Sheehan, Jamie) (Entered: 01/10/2008)

NOTICE by Cook County, Illinois re other 58 (Attachments: # 1 Certificate of Service)(Sheehan, Jamie) (Entered: 01/10/2008)

2 Certificate of Service

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MEMORANDUM by Sheriff of Cook County in Opposition to motion to certify class 38 (Gallagher, Daniel) (Entered: 01/14/2008)

NOTICE by Sheriff of Cook County (Gallagher, Daniel) (Entered: 01/14/2008)

MINUTE entry before Judge Elaine E. Bucklo :Pursuant to plaintiff's request, reply brief on motion for class certification is extended to 2/4/08.Mailed notice (mpj, ) (Entered: 01/18/2008)

MINUTE entry before Judge Jeffrey Cole :Magistrate Judge Status hearing held on 1/22/2008 and continued to 3/27/2008 at 09:00 a.m. Advised in open court. (cdh, ) (Entered: 01/22/2008)

RESPONSE by Derrick Phippsin Support of MOTION by Plaintiff Derrick Phipps to certify class 38 (Flaxman, Kenneth) (Entered: 02/04/2008)

MINUTE entry before Judge Elaine E. Bucklo :On court's own motion, status hearing set for 3/14/08 is reset for 4/30/2008 at 09:30 AM.Mailed notice (mpj, ) (Entered: 03/13/2008)

MOTION by Defendant Sheriff of Cook County to quash Deposition of Zelda Whittler (Gallagher, Daniel) (Entered: 03/14/2008)

NOTICE of Motion by Daniel Francis Gallagher for presentment of motion to quash 66 before Honorable Jeffrey Cole on 3/19/2008 at 08:30 AM. (Gallagher, Daniel) (Entered: 03/14/2008)

RESPONSE by Derrick Phippsin Opposition to MOTION by Defendant Sheriff of Cook County to quash Deposition of Zelda Whittler 66 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Morrissey, Thomas) (Entered: 03/17/2008)

2 Exhibit A

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3 Exhibit B

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NOTICE by Derrick Phipps Response to Defendant's Motion to Quash (Morrissey, Thomas) (Entered: 03/17/2008)

MINUTE entry before Judge Honorable Jeffrey Cole:Motion hearing held. Defendant, Sheriff of Cook County's motion to quash deposition of Zelda Whittler 66 is denied. The deposition may be taken at Ms. Whittler's office, according to her schedule and may last one hour. If more time is necessary parties shall contact chambers at that time. Advised in open court. (cdh, ) (Entered: 03/20/2008)

MINUTE entry before Judge Honorable Elaine E. Bucklo: plaintiffs' motion to certify class(38) is granted. See Memorandum Opinion and Order for details.Mailed notice (mpj, ) (Entered: 03/26/2008)

MEMORANDUM Opinion and Order Signed by Judge Honorable Elaine E. Bucklo on 3/26/2008:Mailed notice(mpj, )

MINUTE entry before Judge Honorable Jeffrey Cole: Status hearing held. Initial target date for discovery to identify the class members is set for 07/28/08. Status hearing schedule is as follows: 4/10/2008 at 9:00 A.M.; 4/23/2008 at 9:00 AM. 5/21/08 at 9:00 a.m.; 6/26/2008 at 9:00 AM. Mailed notice (tlm) (Entered: 03/31/2008)

MINUTE entry before Judge Honorable Jeffrey Cole:Magistrate Judge Status hearing held and continued to May 2, 2008 at 9:00 a.m. Previously scheduled depositions will go forward, other discovery will be stayed pending further order of court and decision by the USCA on the appeal of the class certification. On May 2, 2008 the opposing views of further merits based may be discussed. Mailed notice (cdh, ) (Entered: 04/10/2008)

MOTION by Plaintiff Derrick Phipps to compel (Morrissey, Thomas) (Entered: 04/21/2008)

Motion to Compel NOTICE of Motion by Thomas Gerard Morrissey for presentment of before Honorable Jeffrey Cole on 4/24/2008 at 08:30 AM. (Morrissey, Thomas) (Entered: 04/21/2008)

MINUTE entry before Judge Honorable Jeffrey Cole:Motion hearing held. Plaintiff's motion to compel the defendant to produce a 30(b)(6) witness 75 is denied as moot in light of leave to the plaintiff to propound additional requests to admit and leave to the defendant to amend its present answers to requests to admit. Advised in open court. (cdh, ) (Entered: 04/25/2008)

CERTIFIED ORDER from USCA dated 4/30/2008. The following are before the court: 1. Defendant Sherrif of Cook county's petition for leave to appeal the grant of class certification pursuant to Rule 23(f) of the federal rules of civil procedure, filed on 4/7/2008, by counsel for the petitioner. 2. Response of plaintiffs-respondents to petition for permission to appeal, filed on April 15, 2008, by counsel for the respondents. IT IS ORDERED that #1 is DENIED. (ef, ) (Entered: 02/06/2009)

MINUTE entry before Judge Honorable Jeffrey Cole:Status hearing held and continued to May 27, 2008 at 9:30 a.m. Plaintiff shall provide a census of inmates name, ID number and location as discussed in court. Advised in open court. (cdh, ) (Entered: 05/02/2008)

MINUTE entry before Judge Honorable Jeffrey Cole:Corrected minute order of 5/2/08 is as follows: Status hearing held and continued to May 27, 2008 at 9:30 a.m. Defendants' shall provide a census of inmates name, ID number and location as discussed in court. Advised in open court. (cdh, ) (Entered: 05/02/2008)

MOTION by Plaintiff Derrick Phipps to approve form of class notice (Flaxman, Kenneth) (Entered: 05/16/2008)

NOTICE of Motion by Kenneth N Flaxman for presentment of motion for miscellaneous relief 80 before Honorable Elaine E. Bucklo on 5/22/2008 at 09:00 AM. (Flaxman, Kenneth) (Entered: 05/16/2008)

MINUTE entry before the Honorable Jeffrey Cole:Status hearing set for 5/21/08 is stricken. Status hearing set for 5/27/08 at 9:30 a.m. still stands. Mailed notice (cdh, ) (Entered: 05/19/2008)

MINUTE entry before the Honorable Elaine E. Bucklo:MOTION by Plaintiff Derrick Phipps to approve form of class notice is referred to Magistrate Judge Cole.Mailed notice (slb, ) (Entered: 05/21/2008)

MINUTE entry before the Honorable Jeffrey Cole:Oral motion for hearing on motion to approve form of class notice 80 is granted. Motion hearing is set for 5/22/08 at 8:30 a.m. Telephoned and mailed notice (cdh, ) (Entered: 05/21/2008)

ORAL MOTION by Parties' for hearing on motion to approve form of class notice 80 on 5/22/08 at 8:30 a.m. (cdh, )

MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Response to plaintiffs motion to approve form of class notice 80 is due by June 6, 2008. Reply shall be due by June 13, 2008. Motion hearing and ruling on the plaintiffs motion to approve form of class notice 80 is set for Monday, June 16, 2008 at 8:30 a.m. Status hearing set for May 27, 2008 is stricken. Notices mailed by Judicial Staff. (cdh, ) (Entered: 05/23/2008)

EXECUTIVE COMMITTEE ORDER:Case referred to the Honorable Jeffrey Cole; Perform such additional duties as are not inconsistent with the Constitution and laws of the United States. Plaintiff's motion to approve form of class notice is referred. Signed by Executive Committee on 5/22/2008. (ef, ) (Entered: 05/29/2008)

MINUTE entry before the Honorable Jeffrey Cole: Plaintiffs motion to approve form of class notice 80 is granted with the modification discussed in court on 5/22/08.Mailed notice (ca, ) (Entered: 05/30/2008)

TRANSCRIPT of proceedings for the following dates: 10/17/2007; Before the Honorable Jeffrey Cole. (ef, ) Paper document scanned to create an electronic record. No action needed at this time. (Pursuant to the March 2011 Judicial Conference Policy requiring that remote access restrictions be implemented when placing scanned versions of previously filed paper documents on the record, this document is restricted to allow public access only at the Clerk's Office public access terminals.) (Main Document 88 replaced on 8/7/2018) (jk, ). Modified on 8/7/2018 (jk, ). (Entered: 05/30/2008)

MOTION by Plaintiff Derrick PhippsPost Class Notice (Morrissey, Thomas) (Entered: 06/09/2008)

Post Class Notice NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for miscellaneous relief 89 before Honorable Jeffrey Cole on 6/12/2008 at 08:30 AM. (Morrissey, Thomas) (Entered: 06/09/2008)

MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Plaintiff's motion to post class notice 89 is granted. The notice shall be prominently posted in the following areas: RCDC area (intake area); Third floor common areas of Cermak Hospital and if there is an area or floor for women in that common area; RTU recreation room and areas where wheel chair bound detainees are housed; Division Three Womens Housing, on the floor or floors where wheel chair bound female inmates are housed. Notice shall be posted until further order of court. Notices mailed by Judicial Staff. (cdh, ) (Entered: 06/12/2008)

MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Notice for mailing is approved as submitted. Notice for posting is approved as amended in open court. Status hearing set for 6/26/08 is stricken. Mailed notice (cdh, ) (Entered: 06/16/2008)

MINUTE entry before the Honorable Jeffrey Cole:Status hearing held and continued to 8/4/08 at 8:30 a.m. Mailed notice (ef, ) (Entered: 07/30/2008)

MOTION by Plaintiff Derrick Phipps to compel (Morrissey, Thomas) (Entered: 07/29/2008)

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion to compel 93 before Honorable Jeffrey Cole on 8/5/2008 at 08:30 AM. (Morrissey, Thomas) (Entered: 07/29/2008)

MINUTE entry before the Honorable Jeffrey Cole:Plaintiff's oral motion to reset the status hearing of 8/4/08 to 8/5/08 at 8:30 is granted. Mailed notice (cdh, ) (Entered: 07/31/2008)

ORAL MOTION by Plaintiff to reset the status hearing of 8/4/08 at 8:30 a.m. to 8/5/08 at 8:30 a.m. (cdh, )

MINUTE entry before the Honorable Jeffrey Cole:Motion hearing held. Plaintiffs' motion to compel 93 is denied without prejudice. Status hearing is set for 9/11/08 at 8:30 a.m. Mailed notice (ef, ) (Entered: 08/07/2008)

MOTION by Defendant Sheriff of Cook County for extension of time (Gallagher, Daniel) (Entered: 09/02/2008)