Case: Aristotle P. v. McDonald

1:88-cv-07919 | U.S. District Court for the Northern District of Illinois

Filed Date: Sept. 15, 1988

Case Ongoing

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Case Summary

The plaintiffs, children who had been made wards of the state and placed in foster homes in Illinois, brought this lawsuit on September 15, 1988, in the U.S. District Court for the Northern District of Illinois, against the Illinois Department of Children and Family Services (DCFS). Represented by the Office of the Cook County Public Guardian, the plaintiffs sued under the Adoptive Assistance and Child Welfare Act of 1980, 42 U.S.C. §§ 620-628, 670-679. They challenged the defendants' practice …

In 1989, the defendants moved for summary judgment. Though U.S. District Court Judge Ann C. Williams did not reject the First Amendment claim regarding the plaintiffs' right to associate with their siblings, nor the Fourteenth Amendment substantive due process rights claims regarding plaintiff's liberty interest in their relationships with their siblings, the Judge did dismiss the claim under the Adoptive Assistance and Child Welfare Act of 1980. Aristotle P. v. Johnson, 721 F. Supp. 1002 (N.D. Il. 1989).

In October 1989, Judge Williams certified a class of plaintiffs consisting of children in the custody or guardianship of DCFS, who are subjects of neglect, dependency or abuse petitions and have not been placed with their siblings in foster homes, and have been denied regular and reasonable visitation with their siblings. The parties conferred on potential settlement during most of 1990-1993, and in December 1993, the parties proposed a consent decree. The following March, a notice of class action went out to all children who are subjects of abuse, neglect, or dependency positions in the Juvenile Court of Cook County. After a fairness hearing, Judge Williams approved the consent decree on March 11, 1994.

Specific provisions in the decree provided standards for the placement of children, permanency planning, mental health, education, health care, protective services, initial assessments of children, adequate food/shelter/clothing, caseload ratios, information systems, licensing, training, and quality assurance. The terms of the consent decree established minimum visitation rights for siblings who could not be placed together for well-defined reasons. DCFS must provide written notice to siblings upon a decision that they cannot have joint placements and upon any decision to change a sibling placement. Transportation subsidies are provided to foster parents who transport children and supervise sibling visitation. Agencies who contract with DCFS and who do not comply with the consent decree are subject to monetary sanctions.

In February 1997, the parties made a joint motion to extend the consent decree to 1999. On motion, parts of the consent decree were extended several more times--in particular, the parts about sibling visitation. The provisions about sibling placement ended, however, in 2003, based on the Department’s demonstration of substantial compliance.

On March 8, 2014, the plaintiffs filed a report seeking, once again, to extend the sibling visitation provisions of the decree and to seek additional relief. The plaintiffs complained that DCFS had not provided sufficient proof to establish that it was in substantial compliance with the consent decree, and outlined five major problems in DCFS's performance:

1) DCFS had tendered only about a third of its total reviews for the two-year period from March 2012 through March 2014;

2) The reviews that DCFS had render were flawed because they were based upon biased cases that were not randomly selected;

3) DCFS used its own 75% threshold as substantial compliance in reviewing a case;

4) DCFS excluded cases that were not exceptions as outlined by the decree; and

5) DCFS did not respond to the plaintiffs' request for a randomized sibling visitation study of Cook County Cases.

As a result, the plaintiffs requested that the Court extend the consent decree for two year and to do the following:

1) Order DCFS to tender all the QA reviews completed since March 2012;

2) Order DCFS to adopt a verifiable methodology or random sampling in its QA review process;

3) Order DCFS to use only the reasons that are specified in the consent decree to disqualify cases;

4) Order that DCFS amend its policy so that sanctions can be given out based on QA reviews; and

5) Order DCFS to comply with the plaintiffs' December 18, 2013 discovery request.

On February 23, 2015, Judge Charles R. Norgle, Sr., over the defendant's objections, granted the plaintiffs' requested two-year extension and additional relief.

On February 22, 2017, the plaintiffs again requested that the court extend the consent decree for two years. The plaintiffs cited many of the same concerns that they had about the defendant's compliance in their March 2014 motion. In addition to a two-year extension of the consent decree, the plaintiffs requested that the court order the defendant to contract with an independent auditor to conduct the remaining sibling visitation reviews.

After granting several of the defendant's motions to extend the deadline for submitting its response to the plaintiffs' motion to extend the consent decree, the court gave the defendant until November 13, 2018 to file its response. However, the docket does not reflect any further activity after the court's most recent extension. As of August 2020, the docket does not indicate whether the defendant filed its response by the deadline.

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Summary Authors

Elizabeth Homan (11/29/2012)

Frances Hollander (2/21/2016)

Eva Richardson (2/3/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7087781/parties/p-v-johnson/

Judge(s)

Attorney for Plaintiff

Finley, Brian A. (Illinois)

Golbert, Charles P. (Illinois)

Attorney for Defendant

Baer, Kimberley K. (Illinois)

Conybeare, Barry R. (Illinois)

Gatzendanner, Susan (Illinois)

Judge(s)

Norgle, Charles Ronald Sr. (Illinois)

Williams, Ann Claire (Illinois)

Attorney for Plaintiff

Finley, Brian A. (Illinois)

Golbert, Charles P. (Illinois)

Grippando, Thomas J. (Illinois)

Harris, Robert F. (Illinois)

McGee, Michele Marie (Illinois)

Murphy, Patrick Thomas (Illinois)

Runk, Jill P. (Illinois)

Schmiedel, Peter J. (Illinois)

Tannen, Catherine V. (Illinois)

Tchen, Christina M. (Illinois)

Attorney for Defendant

Baer, Kimberley K. (Illinois)

Conybeare, Barry R. (Illinois)

Gatzendanner, Susan (Illinois)

Greenspan, Barbara Lynn (Illinois)

Hall-Walker, Nancy K. (Illinois)

Steimel, Danielle J. (Illinois)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1:88-cv-07919	Docket [PACER] Aristotle P. v. Illinois DCFS	Oct. 2, 2018	Oct. 2, 2018 Docket
1:88-cv-07919	Memorandum Opinion and Order Aristotle P. v. Johnson	Sept. 7, 1989	Sept. 7, 1989 Order/Opinion 721 F.Supp. 721
1:88-cv-07919	Memorandum Opinion and Order Aristotle P. v. Johnson	Oct. 3, 1989	Oct. 3, 1989 Order/Opinion 1989 WL 1989
217-1 1:88-cv-07919	Consent Decree Aristotle v. McDonald	March 11, 1994	March 11, 1994 Order/Opinion
160 1:88-cv-07919	Notice of Joint Motion and Joint Motion [Extending Consent Decree until March 11, 2006] Aristotle P. v. Illinois DCFS	Feb. 27, 2004	Feb. 27, 2004 Pleading / Motion / Brief
172 1:88-cv-07919	Order [Retaining Jurisdiction Over The Case Until March 11, 2008] Aristotle P. v. Illinois DCFS	March 10, 2006	March 10, 2006 Order/Opinion
188 1:88-cv-07919	Children’s Status Report Aristotle P v. McEwen	July 31, 2009	July 31, 2009 Other
194 1:88-cv-07919	Order [Retaining Jurisdiction Over The Case Until March 11, 2012] Aristotle P. v. Illinois DCFS	March 24, 2010	March 24, 2010 Order/Opinion
207 1:88-cv-07919	Plaintiffs' Report/Motion to Extend the Consent Decree for Two Years and For Additional Relief Aristotle v. McDonald	March 8, 2014	March 8, 2014 Pleading / Motion / Brief
221 1:88-cv-07919	Order [Extending Consent Decree For Two Years] Aristotle v. McDonald	Feb. 23, 2015	Feb. 23, 2015 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/7087781/p-v-johnson/

Last updated April 12, 2024, 3:20 a.m.

ECF Number	Description	Date	Link Date / Link
81	MINUTE ORDER of 10/25/90 before Magistrate Bernard Weisberg : Status hearing held; continued to 04 Dec 90 at 10:00 a.m. Notice not mailed. (or) (Entered: 10/30/1990)	Oct. 25, 1990	Oct. 25, 1990
82	MINUTE ORDER of 11/13/90 before Honorable Ann C. Williams : Pretrial conference held; continued to 20 Dec 90 at 9:00 a.m. Notice not mailed. (ac) (Entered: 11/14/1990)	Nov. 13, 1990	Nov. 13, 1990
83	MINUTE ORDER of 12/5/90 before Magistrate Bernard Weisberg : Case called for status on December 04, 1990. No one appears. Status hearing reset for December 27, 1990 at 10:00 a.m. Counsel agree to submit a joint written status report by the December 27 court date to Magistrate Weisberg's chambers. Notice mailed. (ac) (Entered: 12/06/1990)	Dec. 5, 1990	Dec. 5, 1990
84	MINUTE ORDER of 12/20/90 before Honorable Ann C. Williams : Motion for preliminary injunction is stayed. Pretrial conference held; continued to 29 Jan 91 at 9:00 a.m. Notice not mailed. (ac) (Entered: 12/26/1990)	Dec. 20, 1990	Dec. 20, 1990
85	MINUTE ORDER of 1/29/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 02/20/91 at 10:00 a.m. Notice not mailed. (fce) (Entered: 02/04/1991)	Jan. 29, 1991	Jan. 29, 1991
86	MINUTE ORDER of 2/20/91 before Honorable Ann C. Williams : Pretrial conference reset for 03/14/91 at 9:00 a.m. Notice not mailed. (fce) (Entered: 02/27/1991)	Feb. 20, 1991	Feb. 20, 1991
87	MINUTE ORDER of 3/13/91 before Magistrate Bernard Weisberg : Status hearing set for 04/09/91 at 10:00 a.m. Notice mailed 03/15/91. (fce) (Entered: 03/15/1991)	March 13, 1991	March 13, 1991
88	MINUTE ORDER of 3/14/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 03/19/91 at 10:00 a.m. Notice not mailed. (fce) (Entered: 03/15/1991)	March 14, 1991	March 14, 1991
89	MINUTE ORDER of 3/19/91 before Honorable Ann C. Williams : Pretrial conference held; continued to April 5, 1991 at 2:00 p.m. Notice mailed 03/20/91 (tlm) (Entered: 03/20/1991)	March 19, 1991	March 19, 1991
90	MINUTE ORDER of 4/5/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 05/10/91 at 12:30 p.m. No notice mailed. (tlm) (Entered: 04/11/1991)	April 5, 1991	April 5, 1991
91	MINUTE ORDER of 4/10/91 before Honorable Bernard Weisberg : Status hearing set for 07/11/91 at 10:00 a.m. Notice mailed 04/12/91. (tlm) (Entered: 04/12/1991)	April 10, 1991	April 10, 1991
92	MINUTE ORDER of 5/10/91 before Honorable Ann C. Williams : Pretrial conference reset for 05/24/91 at 10:30 a.m. Judge's staff notified counsel by telephone. (fce) (Entered: 05/15/1991)	May 10, 1991	May 10, 1991
93	MINUTE ORDER of 5/24/91 before Honorable Ann C. Williams : Pretrial conference reset for 06/07/91 at 11:00 a.m. Judge's staff notified counsel by telephone. (amb) (Entered: 05/30/1991)	May 24, 1991	May 24, 1991
94	MINUTE ORDER of 6/7/91 before Honorable Ann C. Williams : Pretrial conference held; continued to 07/10/91 at 9:00 a.m. No notice mailed. (tlm) (Entered: 06/13/1991)	June 7, 1991	June 7, 1991
96	MINUTE ORDER of 7/15/91 before Honorable Bernard Weisberg Case was called for status. No one appeared. Parties to inform this court if they have settled. Further status hearing set for 08/06/91 at 10:00 a.m. Notice mailed 07/17/91. (tlm) (Entered: 07/17/1991)	July 15, 1991	July 15, 1991
97	MINUTE ORDER of 8/6/91 before Honorable Bernard Weisberg : Status hearing held; continued to 11/21/91 at 10:00 a.m. Notice mailed 08/07/91. (tlm) (Entered: 08/07/1991)	Aug. 6, 1991	Aug. 6, 1991
98	MINUTE ORDER of 8/7/91 before Honorable Ann C. Williams : Pretrial conference set for 08/08/91 is stricken. Pretrial conference reset for 08/28/91 at 10:00 . Notice mailed 08/08/91. (tlm) (Entered: 08/08/1991)	Aug. 7, 1991	Aug. 7, 1991
99	MINUTE ORDER of 8/28/91 before Hon. Ann C. Williams : Pretrial conference reset for 09/27/91 at 3:00 p.m. Notice mailed 08/29/91. (tlm) (Entered: 08/29/1991)	Aug. 28, 1991	Aug. 28, 1991
100	MINUTE ORDER of 9/27/91 by Hon. Ann C. Williams : Pretrial conference held; continued to 10/18/91 at 3:30 p.m. Order all pending motions dismissed with leave to reinstate of settlement is not executed. Order case dismissed with leave to reinstate if settlement does not go through. Mailed notice (tlm) (Entered: 09/30/1991)	Sept. 27, 1991	Sept. 27, 1991
101	MINUTE ORDER of 10/1/91 by Hon. Bernard Weisberg : This court having been advised that the case is dismissed and all matters relating to the referral of this action having been resolved, this case is returned to Judge Williams for further proceedings. Status hearing set for 11/21/91 is vacated. Mailed notice (tlm) (Entered: 10/04/1991)	Oct. 1, 1991	Oct. 1, 1991
102	MINUTE ORDER of 10/18/91 by Hon. Ann C. Williams : Pretrial conference held; continued to 11/15/91 at 3:00 p.m. No notice (tlm) (Entered: 10/22/1991)	Oct. 18, 1991	Oct. 18, 1991
103	MINUTE ORDER of 11/15/91 by Hon. Ann C. Williams : Pretrial conference re−set to 12/20/91 at 2:00 p.m. Mailed notice (tlm) (Entered: 11/20/1991)	Nov. 15, 1991	Nov. 15, 1991
104	MINUTE ORDER of 12/20/91 by Hon. Ann C. Williams : Pretrial conference held; continued to 01/17/92 at 3:30 p.m. No notice (fce) (Entered: 12/31/1991)	Dec. 20, 1991	Dec. 20, 1991
105	MINUTE ORDER of 1/15/92 by Hon. Ann C. Williams : Pretrial conference re−set for 01/31/92 at 2:30 P.M. By agreement of the parties, pretrial conference set for 01/17/92 is stricken. Telephoned notice (fce) (Entered: 01/16/1992)	Jan. 15, 1992	Jan. 15, 1992
106	MINUTE ORDER of 1/31/92 by Hon. Ann C. Williams : Pretrial conference re−set for 02/14/92 at 4:00 p.m. Mailed notice (tlm) (Entered: 02/05/1992)	Jan. 31, 1992	Jan. 31, 1992
107	MINUTE ORDER of 2/14/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 03/13/92 at 2:00 p.m. No notice (tlm) (Entered: 02/21/1992)	Feb. 14, 1992	Feb. 14, 1992
108	MINUTE ORDER of 3/13/92 by Hon. Ann C. Williams : Pretrial conference reset for 04/03/92 at 2:00 p.m. No notice (ldg) (Entered: 03/17/1992)	March 13, 1992	March 13, 1992
109	MINUTE ORDER of 4/3/92 by Hon. Ann C. Williams : Pretrial conference re−set for 04/24/92 at 2:30 p.m. No notice (fce) (Entered: 04/07/1992)	April 3, 1992	April 3, 1992
110	MINUTE ORDER of 4/24/92 by Hon. Ann C. Williams : , Pretrial conference held; continued to 05/22/92 at 3:30 p.m. No notice (tlm) (Entered: 04/30/1992)	April 24, 1992	April 24, 1992
111	MINUTE ORDER of 5/20/92 by Hon. Ann C. Williams : By agreement of parties, pretrial conference set for 05/22/92 is stricken. Pretrial conference reset for 05/29/92 at 4:00 p.m. Telephone notice (tlm) (Entered: 05/21/1992)	May 20, 1992	May 20, 1992
112	MINUTE ORDER of 5/29/92 by Hon. Ann C. Williams : Pretrial conference is stricken. New date to be set within a short date. Telephoned notice (fce) (Entered: 06/02/1992)	May 29, 1992	May 29, 1992
113	MINUTE ORDER of 6/9/92 by Hon. Ann C. Williams : Pretrial conference set for 06/25/92 at 9:30 a.m. Mailed notice (tlm) (Entered: 06/10/1992)	June 9, 1992	June 9, 1992
115	MINUTE ORDER of 7/1/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 07/24/92 at 3:00 p.m. No notice (ldg) (Entered: 07/02/1992)	July 1, 1992	July 1, 1992
116	MINUTE ORDER of 7/23/92 by Hon. Ann C. Williams : Pretrial conference re−set for 07/30/92 at 3:30 P.M. By agreement of parties pretrial conference set for 07/24/92 is stricken. Telephoned notice (fce) (Entered: 07/24/1992)	July 23, 1992	July 23, 1992
117	MINUTE ORDER of 7/30/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 09/10/92 at 9:30 a.m. No notice (fce) Modified on 08/03/1992 (Entered: 07/31/1992)	July 30, 1992	July 30, 1992
118	MINUTE ORDER of 9/10/92 by Hon. Ann C. Williams : Pretrial conference reset for 09/23/92 at 9:00 a.m. Mailed notice (tlm) (Entered: 09/14/1992)	Sept. 10, 1992	Sept. 10, 1992
119	MINUTE ORDER of 9/23/92 by Hon. Ann C. Williams : Pretrial conference held; continued to 10/26/92 at 9:00 a.m. No notice (tlm) (Entered: 09/24/1992)	Sept. 23, 1992	Sept. 23, 1992
120	MINUTE ORDER of 10/26/92 by Hon. Ann C. Williams : Pretrial conference re−set for 11/20/92 3:00 p.m. Telephoned notice (fce) Modified on 10/28/1992 (Entered: 10/27/1992)	Oct. 26, 1992	Oct. 26, 1992
121	MINUTE ORDER of 11/20/92 by Hon. Ann C. Williams : Status hearing set for 01/22/93 at 10:00 a.m. Pretrial conference held. , No notice (fce) (Entered: 11/25/1992)	Nov. 20, 1992	Nov. 20, 1992
122	MINUTE ORDER of 1/22/93 by Hon. Ann C. Williams : Status hearing reset for 02/26/93 at 9:00 a.m. Mailed notice (tlm) (Entered: 01/25/1993)	Jan. 22, 1993	Jan. 22, 1993
123	MINUTE ORDER of 2/25/93 by Hon. Ann C. Williams : Status hearing set for 02/26/93 is stricken. Telephoned notice (fce) (Entered: 02/26/1993)	Feb. 25, 1993	Feb. 25, 1993
124	MOTION by defendant Sterling M Ryder for leave to file instanter the supplemental appearance of Kimberley K. Baer and Barry R. Conybeare ; Notice of motion (eav) (Entered: 01/05/1994)	Dec. 10, 1993	Dec. 10, 1993
125	JOINT MOTION by defendant Sterling M Ryder for preliminary approval of consent decree, class notice and date for Fairness hearing (Attachments); Notice of motion (eav) (Entered: 01/05/1994)	Dec. 10, 1993	Dec. 10, 1993
126	AGREED ORDER regarding motion for preliminary approval of consent decree, class notice and [125−1], motion date for Fairness hearing [125−2] (eav) (Entered: 01/05/1994)	Dec. 10, 1993	Dec. 10, 1993
127	MINUTE ORDER of 12/10/93 by Hon. Ann C. Williams : Defendant Sterling M. Ryder's motion for leave to file instanter the supplemental appearance of Kimberley K. Baer and Barry R. Conybeare is granted. Joint motion for preliminary approval of consent decree, class notice and date for fairness hearing is granted. [125−1], [125−2], [124−1] Fairness hearing hearing is set for March 11, 1994 at 10:00 a.m No notice (eav) (Entered: 01/05/1994)	Dec. 10, 1993	Dec. 10, 1993
128	ATTORNEY APPEARANCE for defendant Sterling M Ryder by Kimberley K. Baer, Barry R. Conybeare (eav) (Entered: 01/05/1994)	Dec. 10, 1993	Dec. 10, 1993
129	RULE 39 Affidavit of Kimberley K. Baer (eav) (Entered: 01/05/1994)	Dec. 10, 1993	Dec. 10, 1993
130	RULE 39 Affidavit of Barry R. Conybeare (eav) (Entered: 01/05/1994)	Dec. 10, 1993	Dec. 10, 1993
131	NOTICE OF class action and proposed settlement to all children who are subjects of abuse, neglect or dependency petitions in the Juvenile Court of Cook County by defendant Gary T Morgan, defendant Sterling M Ryder (Attachment) (jmp) (Entered: 03/14/1994)	March 11, 1994	March 11, 1994
132	NOTICE of filing by defendant Gary T Morgan, defendant Sterling M Ryder regarding notice of class action and proposed settlement to all children who are subjects of abuse, neglect or dependency petitions in the Juvenile Court of Cook County [131−1] (jmp) (Entered: 03/14/1994)	March 11, 1994	March 11, 1994
134	MINUTE ORDER of 3/11/94 by Hon. Ann C. Williams : Fairness hearing held. Enter consent decree. No notice (jmp) (Entered: 03/17/1994)	March 11, 1994	March 11, 1994
139	MOTION by plaintiffs for leave to file appearances and general rule 39 affidavits of additional counsel ; Notice of motion (yap) (Entered: 02/10/1997)	Jan. 29, 1997	Jan. 29, 1997
142	JOINT MOTION by defendants and plaintiffs for entry of agreed order regarding consent decree ; Notice of motion (yap) (Entered: 02/10/1997)	Jan. 29, 1997	Jan. 29, 1997
145	JOINT MOTION by defendants and plaintiffs for entry of agreed order regarding attorneys' fees ; Notice of motion (yap) (Entered: 02/10/1997)	Jan. 29, 1997	Jan. 29, 1997
136	MOTION by defendant Jess McDonald for leave to substitute Barbara L. Greenspan, Danielle Steimel and Nancy Hall−Walker as counsel ; Notice of motion (yap) (Entered: 02/10/1997)	Feb. 5, 1997	Feb. 5, 1997
137	MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Defendant Jess McDonald, Director of the Illinois Department of Children and Family Service for leave to substitute counsel [136−1] is granted. Christina M. Tchen and her colleagues at Skadden, Arps, Slate, Meagher & Flom are given leave to withdraw as defendant's counsel and Assistant Attorneys General Barbara L. Greenspan, Danielle Steimel and Nancy Hall−Walker are given leave to file appearance as counsel. Mailed notice (yap) (Entered: 02/10/1997)	Feb. 5, 1997	Feb. 5, 1997
138	ATTORNEY APPEARANCE for defendant Jess McDonald by Barbara L. Greenspan and Nancy K. Hall−Walker with rule 39 affidavits (yap) (Entered: 02/10/1997)	Feb. 5, 1997	Feb. 5, 1997
140	MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Plaintiffs' motion for leave to file appearances and general rule 39 affidavits of additional counsel [139−1] is granted. Mailed notice (yap) (Entered: 02/10/1997)	Feb. 5, 1997	Feb. 5, 1997
141	ATTORNEY APPEARANCE for plaintiffs by Charles Perez Golbert, Peter J. Schmiedel and Thomas J. Grippando with rule 39 affidavits (yap) (Entered: 02/10/1997)	Feb. 5, 1997	Feb. 5, 1997
143	AGREED ORDER [142−1] (yap) (Entered: 02/10/1997)	Feb. 5, 1997	Feb. 5, 1997
144	MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Joint motion by plaintiffs and defendants for entry of agreed order regarding consent decree [142−1] is granted. Enter agreed order. Mailed notice (yap) (Entered: 02/10/1997)	Feb. 5, 1997	Feb. 5, 1997
146	AGREED ORDER [145−1] (yap) (Entered: 02/10/1997)	Feb. 5, 1997	Feb. 5, 1997
147	MINUTE ORDER of 2/5/97 by Hon. Ann C. Williams: Plaintiffs and defendants joint motion for entry of agreed order regarding attorneys' fees [145−1] is granted. Enter agreed order. Mailed notice (yap) (Entered: 02/10/1997)	Feb. 5, 1997	Feb. 5, 1997
135	ATTORNEY APPEARANCE for defendant Sterling M Ryder by Danielle Jenkins Steimel with rule 39 affidavit (yap) (Entered: 02/10/1997)	Feb. 7, 1997	Feb. 7, 1997
148	JOINT motion for entry of an agreed order regarding consent decree ; Notice of motion. (fce) (Entered: 03/11/1999)	March 5, 1999	March 5, 1999
151	JOINT REPORT by the parties to the Court with joint motion for entry of order regarding consent decree (Exhibit); Notice of filing. (mak) (Entered: 03/22/1999)	March 5, 1999	March 5, 1999
151	JOINT MOTION for entry of agreed order regarding the consent decree with joint report (Exhibit); Notice of filing. (mak) (Entered: 03/22/1999)	March 5, 1999	March 5, 1999
149	AGREED order regarding motion for entry of an agreed order regarding consent decree [148−1] (fce) (Entered: 03/11/1999)	March 10, 1999	March 10, 1999
150	MINUTE ORDER of 3/10/99 by Hon. Ann C. Williams : Joint motions for entry of an agreed order regarding consent decree are granted. Enter agreed order. [148−1] No notice (fce) Modified on 03/11/1999 (Entered: 03/11/1999)	March 10, 1999	March 10, 1999
152	MOTION by plaintiff to reassign a judge to case ; Notice. (cdy) (Entered: 11/26/2001)	Nov. 20, 2001	Nov. 20, 2001
153	REASSIGNMENT ORDER of 1/14/02 This case is reassigned to the Hon. Charles R. Norgle Sr. This case having been assigned to the calendar of Judge Williams who is no longer sitting, it is recommended that it be reassigned to the calendar of an active judge of this court as it appears to require further judicial action. (For further detail see order.) Mailed notice (jmp) (Entered: 01/16/2002)	Jan. 14, 2002	Jan. 14, 2002
154	ATTORNEY APPEARANCE for plaintiffs by Jill P Runk, Catherine V. Tannen, Thomas Grippando; Notice. (air) (Entered: 01/23/2002)	Jan. 22, 2002	Jan. 22, 2002
156	JOINT report to the court and JOINT MOTION by defendants and plaintiff for entry of an agreed order regarding the consent decree (Attachment); Notice. (jmp) (Entered: 03/04/2002)	Feb. 26, 2002	Feb. 26, 2002
157	MINUTE ORDER of 3/1/02 by Hon. Charles R. Norgle Sr : Joint motion for entry of an agreed order regarding the consent decree [156−1] is taken under advisement. Telephoned notice (jmp) (Entered: 03/04/2002)	March 1, 2002	March 1, 2002
158	MINUTE ORDER of 3/7/02 by Hon. Charles R. Norgle Sr: (Entered agreed order regarding consent decree.) Telephone notice (air) (Entered: 03/13/2002)	March 7, 2002	March 7, 2002
159	MINUTE ORDER of 3/26/02 by Hon. Charles R. Norgle Sr: Motion of plaintiff DOC 152 to reassign is granted [152−1]. Motion for status hearing DOC 155 is granted [155−1]. Motion by defendants DOC 156 for agreed order regarding consent decree is granted [156−1]. Consent Decree in separate form was entered. No notice (air) (Entered: 03/28/2002)	March 26, 2002	March 26, 2002
160	PARTIES' JOINT REPORT to the court and motion (Attachment). (air) (Entered: 03/05/2004)	Feb. 27, 2004	Feb. 27, 2004
160	JOINT MOTION by parties for entry of an agreed order regarding the consent decree (Attachment) with report; Notice. (air) (Entered: 03/05/2004)	Feb. 27, 2004	Feb. 27, 2004
161	MINUTE ORDER of 3/4/04 by Hon. Charles R. Norgle Sr: Parties' joint report to the court [160−1] and joint motion for entry of an agreed order regarding the consent decree is approved and granted [160−1]. Telephoned notice (air) (Entered: 03/05/2004)	March 4, 2004	March 4, 2004
162	MINUTE ORDER of 3/5/04 by Hon. Charles R. Norgle Sr: (Entered Agreed Order.) Telephoned notice (air) (Entered: 03/09/2004)	March 5, 2004	March 5, 2004
163	ROUTINE MOTION by plaintiffs to substitute party ; Notice (cdy) (Entered: 12/10/2004)	Dec. 1, 2004	Dec. 1, 2004
164	MINUTE ORDER of 12/9/04 by Hon. Charles R. Norgle Sr: Routine motion to substitute party [163−1], is granted. Robert F. Harris, County Public Guardian is substituted as the named plaintiff. Mailed notice (cdy) (Entered: 12/10/2004)	Dec. 9, 2004	Dec. 9, 2004
165	MOTION by Plaintiffs to withdraw Peter J. Schmiedel as counsel (gma, ) (Entered: 08/01/2005)	Aug. 1, 2005	Aug. 1, 2005
166	NOTICE of Motion by Peter J. Schmiedel for presentment of MOTION by Plaintiffs to withdraw Peter J. Schmiedel as counsel 165 before Honorable Charles R. Norgle Sr. on 8/5/2005 at 09:30 AM. (gma, ) (Entered: 08/01/2005)	Aug. 1, 2005	Aug. 1, 2005
167	MINUTE entry before Judge Charles R. Norgle Sr.: Motion to withdraw as counsel 165 is granted. Peter J. Schmiedel is granted leave to withdraw his name as counsel for the plaintiffs. Mailed notice (air, ) (Entered: 08/05/2005)	Aug. 4, 2005	Aug. 4, 2005
168	REPORT by Plaintiffs to the court and MOTION for entry of an order regarding the consent decree (gma, ) (Entered: 03/07/2006)	March 7, 2006	March 7, 2006
169	NOTICE of Motion by Jill P Runk for presentment of REPORT by Plaintiffs to the court and MOTION for entry of an order regarding the consent decree 168 before Honorable Charles R. Norgle Sr. on 3/10/2006 at 09:30 AM. (gma, ) (Entered: 03/07/2006)	March 7, 2006	March 7, 2006
170	MINUTE entry before Judge Charles R. Norgle Sr.: Motion for entry of an order regarding the consent order 168 is granted. Motion hearing held on 3/10/2006. Mailed notice (ewf, ) (Entered: 03/10/2006)	March 10, 2006	March 10, 2006
172	ORDER Signed by Judge Charles R. Norgle Sr. on 3/10/2006:(gcy, ) (Entered: 03/14/2006)	March 10, 2006	March 10, 2006
173	MOTION Extend the Consent Decree (Runk, Jill) (Entered: 02/29/2008)	Feb. 29, 2008	Feb. 29, 2008
174	NOTICE of Motion by Jill P Runk for presentment of motion for miscellaneous relief 173 before Honorable Charles R. Norgle Sr. on 3/7/2008 at 09:30 AM. (Runk, Jill) (Entered: 02/29/2008)	Feb. 29, 2008	Feb. 29, 2008
175	MINUTE entry before Judge Charles R. Norgle Sr.: Plaintiff's motion to extend the Consent Decree 173 is granted. Mailed notice (tlm) (Entered: 03/10/2008)	March 5, 2008	March 5, 2008
176	MOTION for extension of time to file response/reply to Plaintiffs Report to the Court and Motion to Extend the Consent Decree (Attachments: # 1 Certificate of Service)(Greenspan, Barbara) (Entered: 04/16/2008)	April 16, 2008	April 16, 2008
177	NOTICE of Motion by Barbara Lynn Greenspan for presentment of motion for extension of time to file response/reply 176 before Honorable Charles R. Norgle Sr. on 4/18/2008 at 10:30 AM. (Greenspan, Barbara) (Entered: 04/16/2008)	April 16, 2008	April 16, 2008
178	MINUTE entry before Judge Honorable Charles R. Norgle, Sr:Defendant's Motion to Extend Time to Respond to Plaintiffs' Report to the Court and Motion to Extend the Consent Decree 176 is granted. Defendant is granted until June 6, 2008 to file his response to Plaintiffs' Motion to extend Time for Defendant to Respond to Plaintiffs' Report to the Court and Motion to Extend the Consent Decree. Mailed notice (ewf, ) (Entered: 04/18/2008)	April 18, 2008	April 18, 2008
179	MOTION by Defendant Erwin McEwen for extension of time to file response/reply as to notice of motion 174 TO PLAINTIFFS REPORT TO THE COURT AND MOTION TO EXTEND THE CONSENT DECREE (Attachments: # 1 Certificate of Service)(Greenspan, Barbara) (Entered: 06/10/2008)	June 10, 2008	June 10, 2008
180	NOTICE of Motion by Barbara Lynn Greenspan for presentment of motion for extension of time to file response/reply, motion for relief 179 before Honorable Charles R. Norgle Sr. on 6/13/2008 at 09:30 AM. (Greenspan, Barbara) (Entered: 06/10/2008)	June 10, 2008	June 10, 2008
181	MINUTE entry before the Honorable Charles R. Norgle, Sr: Defendant's Second Motion to Extend Time to Respond to Plaintiff's Report to the Court and Motion to Extend the Consent Decree is 179 is granted. Mailed notice (ewf,) (Entered: 06/16/2008)	June 13, 2008	June 13, 2008
182	RESPONSE by Defendant Erwin McEwen to Plaintiffs' Report to the Court and Motion to Extend Consent Decree (Attachments: # 1 Certificate of Service)(Greenspan, Barbara) (Entered: 07/30/2008)	July 30, 2008	July 30, 2008
183	NOTICE by Erwin McEwen re Response 182 by Defendant to Plaintiffs' Report to the Court and Motion to Extend Consent Decree (Greenspan, Barbara) (Entered: 07/30/2008)	July 30, 2008	July 30, 2008

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Case Details

State / Territory: Illinois

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 15, 1988

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class consisting of children in the custody or guardianship of DCFS, who are subjects of neglect, dependency or abuse petitions, have not been placed with their siblings in foster homes, and have been denied regular and reasonable visitation with their siblings.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Illinois, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: