Hart v. Shearman

U. S. Court of Appeals for the Seventh Circuit

U. S. Court of Appeals for the Seventh Circuit

U. S. Court of Appeals for the Seventh Circuit

396 F.3d 887

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Thomas Gerard Morrissey, Robert Hugh Farley Jr. as attorney(s) for plaintiffs (One original and one copy summons(es) issued.) (Documents: 1-1 through 1-3) (hp) (Entered: 03/13/2003)

MOTION by plaintiff to reassign case ; Notice. (cem) (Entered: 03/17/2003)

MOTION by plaintiffs for temporary restraining order ; Memorandum in support (Attachments); Notice. (cem) (Entered: 03/17/2003)

NOTICE by plaintiffs of filing regarding plaintiffs' verification of complaint. (cem) (Entered: 03/14/2003)

MINUTE ORDER of 3/13/03 by Hon. Blanche M. Manning : Plaintiffs' motion to reassign case is granted [4-1]. Plaintiffs' motion to writ in the plaintiffs for TRO hearing, and for TRO are reassigned to a judge by lot. Mailed notice (cem) (Entered: 03/17/2003)

REASSIGNMENT ORDER of 3/13/03 This case is reassigned to the Honorable James B. Zagel from Blanche M. Manning in accordancw with internal operating procedure 13 F1. (For further details see order). Mailed notice (cem) (Entered: 03/14/2003)

MOTION by defendant Michael Sheahan to authorize release of mental health records (Attachment); Notice. (cem) (Entered: 04/16/2003)

AMENDED COMPLAINT [1-1] by plaintiffs Carmen Feliciano, Ann Francis Gelco and Helen Koss terminating plaintiffs Elena Meitzler, Flora Stewart, Teresa Quintello and Antoinatte Davis; adding Genise Hart, Caprice Morales, Michelle Gandy; Notice. (cem) (Entered: 04/15/2003)

MINUTE ORDER of 4/15/03 by Hon. James B. Zagel : Defendant's motion to authorize release of mental health records of defendants Antoinatte Davis and Carmen Feliciano and issuance of necessary subpoenas to obtain those records is granted [8-1]. Mailed notice (cem) (Entered: 04/16/2003)

MOTION by defendant Michael Sheahan for leave to file motion to dismiss and oversized memorandum of law ; Notice of motion (eav) (Entered: 05/22/2003)

MOTION by defendant Michael Sheahan to dismiss complaint (Attachments) (eav) (Entered: 05/22/2003)

MEMORANDUM by defendant Michael Sheahan of law in support of motion to dismiss amended complaint [11-1] (eav) (Entered: 05/22/2003)

MINUTE ORDER of 5/13/03 by Hon. James B. Zagel : Defendant Sheahan's motion to dismiss. Answer brief to motion due 6/3/03. [11-1] Reply to answer brief due 6/17/03. Status hearing set for 7/15/03 at 10:00 a.m. Motion for leave to file motion to dismiss and oversized memorandum of law is granted. [10-1] Mailed notice (eav) (Entered: 05/22/2003)

MOTION by plaintiffs to file a second amended complaint (Attachment); Notice. (cem) (Entered: 06/04/2003)

OBJECTION by defendant to motion for leave to amend [14-1] (Attachments). (cem) (Entered: 06/04/2003)

MINUTE ORDER of 6/3/03 by Hon. James B. Zagel : Answer brief to motion to file second amended complaint [14-1] due 6/3/03. Reply to answer brief due 6/10/03. Status hearing set for 6/11/03 at 4:00 p.m. Mailed notice (cem) (Entered: 06/04/2003)

RESPONSE by plaintiffs to defendants' objection for leave to amend [15-1] (Attachments); Notice. (cem) (Entered: 06/11/2003)

MOTION by plaintiffs to compel the defendant to produce certain employees for depositions and to respond to plaintiffs' production request ; Notice. (cem) (Entered: 07/07/2003)

MOTION by defendant for leave to file motion to dismiss and oversized memorandum of law ; Notice. (cem) (Entered: 07/07/2003)

REPLY by defendant in support of objection to for leave to amend [15-1]. (cem) (Entered: 07/07/2003)

SUPPLEMENTAL EXHIBITS by plaintiffs to motion to compel (Attachments); Notice. (cem) (Entered: 06/24/2003)

MOTION by defendant to compel answers to outstanding written discovery (Attachments); Notice. (cem) (Entered: 07/07/2003)

MINUTE ORDER of 6/26/03 by Hon. James B. Zagel : Defendants motion for leave to file reply brief in support of objection to plaintiff's motion for leave to amend is granted [20-1]. No notice (cem) (Entered: 07/07/2003)

MINUTE ORDER of 6/27/03 by Hon. James B. Zagel : Motion to compel [19-1] is denied for the reasons stated in open court. No notice (cem) (Entered: 07/07/2003)

MINUTE ORDER of 7/1/03 by Hon. James B. Zagel : Defendant's motion to compel answer to outstanding written discovery is denied without prejudice [22-1]. No notice (cem) (Entered: 07/07/2003)

MOTION by plaintiffs to join the County of Cook as a necessary party (Attachment); Notice. (cem) (Entered: 09/15/2003)

MOTION by plaintiffs for class certification ; Memorandum in support; Notice. (cem) (Entered: 09/15/2003)

MINUTE ORDER of 9/11/03 by Hon. James B. Zagel : Plaintiff's motion to join the County of Cook as a necessary party to the complaint as a defendant is granted [26-1]. No notice (cem) (Entered: 09/15/2003)

MINUTE ORDER of 9/11/03 by Hon. James B. Zagel : Status hearing set for to 11/13/03 at 10:00 a.m. Answer brief to plaintiff's motion for class certification [27-1] due 10/2/03. Reply to answer brief due 10/16/03. Answer brief to motion to dismiss [11-1] due 10/2/03. Reply to answer brief due 10/16/03. Mailed notice (cem) (Entered: 09/15/2003)

ATTORNEY APPEARANCE for defendant County of Cook by Patrick T. Driscoll Jr., Louis R. Hegeman. (cem) (Entered: 09/15/2003)

RESPONSE by plaintiffs to defendant's motion to dismiss [11-1]. (cem) (Entered: 10/03/2003)

MOTION by defendant Michael Sheahan for enlargement of time to file response in opposition to petition for class certification ; Notice. (cem) (Entered: 10/17/2003)

MOTION by plaintiffs to compel the defendant to produce certain employees for depositions and to respond to plaintiffs' production request ; Notice. (cem) (Entered: 10/17/2003)

MINUTE ORDER of 10/7/03 by Hon. James B. Zagel : Defendant's motion for enlargement of time to file defendant's response in opposition to petition for class certification until 10/13/03 is granted [32-1]. No notice (cem) (Entered: 10/17/2003)

MINUTE ORDER of 12/18/03 by Hon. James B. Zagel : Defendant's motion to dismiss complaint is granted [11-1]. All other pending motions are denied as moot. Entered Memorandum Opinion and Order. Terminating case. Mailed notice (cem) (Entered: 12/19/2003)

ENTERED JUDGMENT (cem) (Entered: 12/19/2003)

MOTION by plaintiffs to clarify minute order of 12/18/03 ; Notice. (cem) (Entered: 01/14/2004)

MOTION by plaintiffs to file a third amended complaint (Attachment); Notice. (cem) (Entered: 01/14/2004)

MOTION by plaintiffs to alter or amend the judgment ; Notice. (cem) (Entered: 01/14/2004)

MOTION by plaintiffs for a pretrial conference ; Notice. (cem) (Entered: 01/14/2004)

MINUTE ORDER of 1/13/04 by Hon. James B. Zagel : Defendants consolidated answer brief to the motion to alter or amend the judgment and the motion to file third amended complaint due by 1/27/04. No reply brief is ordered. Plaintiff's motion for a pretrial conference [40-1] and the motion to clarify [37-1] are entered and continued until further order of court. Status hearing is set for 2/10/04 at 10:00 a.m. Mailed notice (cem) (Entered: 01/14/2004)

COMBINED RESPONSE by defendant Michael Sheahan to plaintiffs' Rule 59(E) motion to alter or amend [39-1] and motion to file a third amended complaint [38-1]; Notice. (cem) (Entered: 01/29/2004)

MINUTE ORDER of 1/28/04 by Hon. James B. Zagel : Motion to alter or amend the judgment is denied [39-1]. Mailed notice (cem) (Entered: 01/29/2004)

MINUTE ORDER of 2/10/04 by Hon. James B. Zagel : Status hearing held. Motion for pretrial conference [40-1] is denied as moot. Motion for leave to file third amended complaint [38-1] is denied as moot. Enter order of dismissal in favor of defendants and against plaintiffs. Mailed notice (cem) (Entered: 02/17/2004)

ENTERED JUDGMENT: It is hereby ordered and adjudged that this case is dismissed pursuant to FRCvP 12(b)(6) on the defendants motion. Plaintiffs take nothing from defendants. (cem) Modified on 02/17/2004 (Entered: 02/17/2004)

NOTICE OF APPEAL by plaintiff Carmen Feliciano, plaintiff Ann Francis Gelco, plaintiff Helen Koss, plaintiff Genise Hart, plaintiff Caprice Morales, plaintiff Michelle Gandy from motion minute order [43-1], from judgment entered [36-1], from Scheduling order Entered Memorandum Opinion and Order [35-1], from Scheduling order Terminating case [35-2], from motion minute order [35-3] ( Fee Paid ) (cdh) (Entered: 02/24/2004)

DOCKETING STATEMENT by plaintiff Carmen Feliciano, plaintiff Ann Francis Gelco, plaintiff Helen Koss, plaintiff Genise Hart, plaintiff Caprice Morales, plaintiff Michelle Gandy regarding appeal [46-1]. (cdh) (Entered: 02/24/2004)

ACKNOWLEDGEMENT of receipt of short record on appeal [46-1] USCA 04-1443. (cem) (Entered: 03/01/2004)

SEVENTH CIRCUIT transcript information sheet by plaintiffs. (cem) (Entered: 03/03/2004)

SEVENTH CIRCUIT transcript information sheet by plaintiffs Carmen Feliciano, Ann Francis Gelco, Helen Koss. (cem) (Entered: 05/04/2004)

TRANSCRIPT of proceedings for the following date(s):Held on 6/3/03, 9/11/03, 10/7/03 & 12/3/03 appeal [46-1] before Honorable James B. Zagel. (51-1 through 51-4) (cem) (Entered: 05/04/2004)

MINUTE ORDER of 9/28/04 by Hon. James B. Zagel : Plaintiff's motion to clarify [37-1] is denied as moot. No notice. (rbf) (Entered: 09/29/2004)

LETTER from the Seventh Circuit returning the record on appeal in USCA no. 04-1443 consisting of one (1) volume of pleadings and four (4) volumes of transcripts. (jmp, ) (Entered: 03/03/2005)

MANDATE of USCA dated 2/1/2005 regarding notice of appeal, 46 ; USCA No. 04-1443 The judgment of the District Court is reversed, with costs, and the case is remanded, in accordance with the decision of this court entered on this date.(jmp, ) (Entered: 03/03/2005)

OPINION from the USCA for the 7th Circuit; Argued 11/30/2004; Decided 2/1/2005 in USCA case no. 04-1443. (jmp, ) Modified on 9/25/2006 (emd, ). (Entered: 03/03/2005)

MOTION by Defendants County of Cook, Michael Sheahan for a status hearing (gma, ) (Entered: 03/08/2005)

NOTICE of Motion by County of Cook, Michael Sheahan for presentment of ? MOTION by Defendants County of Cook, Michael Sheahan for a status hearing 57 before Honorable James B. Zagel on 3/15/2005 at 10:15 AM. (gma, ) (Entered: 03/08/2005)

MOTION by Plaintiffs to set a status hearing (gma, ) (Entered: 03/09/2005)

NOTICE of Motion by Thomas Gerard Morrissey for presentment of MOTION by Plaintiffs to set a status hearing 59 before Honorable James B. Zagel on 3/15/2005 at 10:15 AM. (gma, ) (Entered: 03/09/2005)

MINUTE entry before Judge James B. Zagel : Motion for hearing 57 is granted, Motion for hearing 59 is granted Status hearing set for 3/22/2005 at 10:00 AM. No notice (drw, ) (Entered: 03/15/2005)

MINUTE entry before Judge James B. Zagel : Status hearing held on 3/22/2005. Amended motion for class certification due 4/12/2005. Answer brief due 4/26/2005. Reply to answer brief due 5/3/2005. Status hearing set for 5/10/2005 at 12:00 PM. No notice (drw, ) (Entered: 03/29/2005)

MOTION by Defendants County of Cook, Michael Sheahan for leave to file oversized memorandum of law (Attachments: # 1 Memorandum of Law)(gma, ) (Entered: 05/02/2005)

2 Memorandum of Law

View on PACER

NOTICE of Motion by defendants for presentment of MOTION by Defendants County of Cook, Michael Sheahan for leave to file oversized memorandum of law 64 before Honorable James B. Zagel on 5/3/2005 at 10:15 AM. (gma, ) (Entered: 05/02/2005)

MINUTE entry before Judge James B. Zagel : MOTION by Defendants County of Cook, Michael Sheahan for leave to file brief in excess pages 64 is granted. No notice (drw, ) (Entered: 05/03/2005)

REPLY by Plaintiffs in support of the position that count one of the complaint states a claim under the Seventh Circuit's opinion; Notice of filing.(rbf, ) (Entered: 05/12/2005)

MINUTE entry before Judge James B. Zagel : Status hearing held on 5/10/2005. No notice (drw, ) (Entered: 05/23/2005)

MINUTE entry before Judge James B. Zagel : Status hearing set for 6/7/2005 at 10:00 AM. Advised in open court notice (drw, ) (Entered: 06/06/2005)

MINUTE entry before Judge James B. Zagel : Status hearing held on 6/7/2005. Status hearing set for 6/28/2005 at 10:00 AM. No notice (drw, ) (Entered: 06/07/2005)

MINUTE entry before Judge James B. Zagel : Plaintiffs are ordered to revise and resubmit their replead complaint in accordance with this opinion. Mailed notice (drw, ) (Entered: 06/27/2005)

MINUTE entry before Judge James B. Zagel : Status hearing reset for 8/23/2005 at 10:00 AM. Amended complaint to be filed on or by 8/23/2005. No notice (drw, ) (Entered: 06/28/2005)

MOTION by Plaintiffs for class certification (gma, ) (Entered: 07/05/2005)

NOTICE of Motion by Thomas Gerard Morrissey for presentment of MOTION by Plaintiffs for class certification 73 before Honorable James B. Zagel on 7/7/2005 at 10:15 AM. (gma, ) (Entered: 07/05/2005)

MEMORANDUM by plaintiffs in Support of their motion for class certification; Notice of filing. (rbf, ) (Entered: 07/08/2005)

FOURTH AMENDED complaint by Caprice Morales, Michelle Gandy, Carmen Feliciano, Ann Francis Gelco, Helen Koss, Genise Hart against County of Cook, Michael Sheahan; Notice of filing. (rbf, ) (Entered: 07/08/2005)

MINUTE entry before Judge James B. Zagel : Status hearing held on 7/7/2005. Motion for class certification 73 responses due by 8/11/2005. No reply brief ordered. Motion Hearing set for 8/25/2005 at 10:00 AM. No notice (drw, ) (Entered: 08/02/2005)

MOTION by Defendant Michael Sheahan to vacate 7/7/05 minute order regarding briefing schedule for class certification motion and correct record to reflect briefing schedule related to whether the fourth amended complaint comports with this court's memorandum opinion and order of 6/27/05 (las, ) (Entered: 08/10/2005)

NOTICE of Motion by Michael Sheahan for presentment of his motion to vacate 7/7/05 minute order regarding briefing schedule for class certification motion and correct record to reflect briefing schedule related to whether the fourth amended complaint comports with this court's memorandum opinion and order of 6/27/05 78 before Honorable James B. Zagel on 8/11/2005 at 10:15 AM. (las, ) (Entered: 08/10/2005)

MINUTE entry before Judge James B. Zagel : MOTION by Plaintiffs Caprice Morales, Michelle Gandy, Carmen Feliciano, Ann Francis Gelco, Helen Koss, Genise Hart to certify class 73 is entered and continued. Response due by 9/13/2005. Reply due by 9/27/2005. Motion to vacate is granted in part and denied in part for the reasons stated open court. No notice (drw, ) (Entered: 08/29/2005)

MOTION by defendants to strike and dismiss various allegations from plaintiffs' fourth amended complaint. (lcw, ) (Entered: 08/19/2005)

NOTICE of Motion by defendants for presentment of motion to dismiss and strike 80 before Honorable James B. Zagel on 8/23/2005 at 10:15 AM. (lcw, ) (Entered: 08/19/2005)

MINUTE entry before Judge James B. Zagel : Motion hearing held on 8/23/2005 regarding motion to dismiss, motion to strike 80 . Set deadlines/hearing as to motion to dismiss, motion to strike 80 : Responses due by 9/6/2005. Replies due by 9/13/2005. Motion ruling before Honorable James B. Zagel on 9/15/2005 at 10:00 AM. No notice (drw, ) (Entered: 09/11/2005)

MINUTE entry before Judge James B. Zagel : Defendants motion to strike and motion to strike 80 respons due by 9/6/2005. Reply due by 9/13/2005. Status hearing set before Honorable James B. Zagel on 9/15/2005 at 10:00 AM. No notice (drw, ) (Entered: 09/16/2005)

RESPONSE by plaintiffs' to defendant's motion to strike and dismiss 80 ; Notice. (mjc, ) (Entered: 09/08/2005)

RULE 56.1(a)(3) Statement by defendants Michael Sheahan and County of Cook of undisputed facts in support of their motion for summary judgment.(mjc, ) (Entered: 09/16/2005)

EXHIBITS by Defendants County of Cook, Michael Sheahan to Rule 56.1 Statement of Facts regarding 86, 88 (Exhibits) (hp, ) (Entered: 09/16/2005)

MOTION by defendants County of Cook and Michael Sheahan for summary judgment; Notice. (mjc, ) (Entered: 09/16/2005)

RESPONSE by defendants County of Cook and Michael Sheahan in Opposition to plaintiffs' motion for class certification 73 . (mjc, ) (Entered: 09/16/2005)

MEMORANDUM of Law by defendants County of Cook and Michael Sheahan in Support of their motion for summary judgment 86 . (mjc, ). Modified on 3/19/2008 (las, ). (Entered: 09/16/2005)

MINUTE entry before Judge James B. Zagel : Status hearing held and contined for 10/5/2005 at 10:00 AM. Affidavit discovery to be conducted. No notice (drw, ) (Entered: 09/16/2005)

MOTION by Plaintiffs Caprice Morales, Michelle Gandy, Carmen Feliciano, Helen Koss, Genise Hart for extension of time to file response/reply defendant's response to motion for class certification (Morrissey, Thomas) (Entered: 09/22/2005)

defendant's response to motion for class certification NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for extension of time to file response/reply 92 before Honorable James B. Zagel on 10/6/2005 at 10:15 AM. (Morrissey, Thomas) (Entered: 09/22/2005)

MINUTE entry before Judge James B. Zagel : Status hearing held on 10/5/2005. Rule 56 discovery statement due 10/23/2005. Status hearing set for 10/27/2005 at 10:00 AM. (drw, ) (Entered: 10/05/2005)

MINUTE entry before Judge James B. Zagel : MOTION by Plaintiffs Caprice Morales, Michelle Gandy, Carmen Feliciano, Helen Koss, Genise Hart for extension of time to file reply to defendant's response to motion for class certification 92 is granted. Reply to motion for class certification due by 11/1/2005. (drw, ) (Entered: 10/05/2005)

MOTION by Defendant Michael Sheahan to reassign case Defendants' Motion to Reassign Based on Relatedness (Attachments: # 1)(Puiszis, Steven) (Entered: 10/24/2005)

MOTION by Plaintiffs Michelle Gandy, Carmen Feliciano, Ann Francis Gelco, Helen Koss, Genise Hart for extension of time to file discovery plan (Morrissey, Thomas) (Entered: 10/24/2005)

NOTICE of Motion by Steven M. Puiszis for presentment of motion to reassign case 96 before Honorable James B. Zagel on 10/27/2005 at 10:00 AM. (Puiszis, Steven) (Entered: 10/24/2005)

NOTICE of Motion by Thomas Gerard Morrissey for presentment of motion for extension of time 97 before Honorable James B. Zagel on 10/27/2005 at 10:15 AM. (Morrissey, Thomas) (Entered: 10/24/2005)

MINUTE entry before Judge James B. Zagel : Motion to dismiss 80 is granted in part. Motion to strike 80 is granted in part. Mailed notice (drw, ) (Entered: 10/25/2005)

RESPONSE TO DEFENDANTS' MOTION TO REASSIGN (Morrissey, Thomas) (Entered: 10/25/2005)

NOTICE by Caprice Morales, Michelle Gandy, Carmen Feliciano, Ann Francis Gelco, Helen Koss, Genise Hart re response to motion 101 TO REASSIGN (Morrissey, Thomas) (Entered: 10/25/2005)