Case: Marie O. v. Edgar

1:94-cv-01471 | U.S. District Court for the Northern District of Illinois

Filed Date: March 10, 1994

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On March 10, 1994, four infants with disabilities, represented by Chicago Lawyers' Committee for Civil Rights, filed this lawsuit against the State of Illinois in the U.S. District Court for the Northern District of Illinois on behalf of a class of approximately 26,000 other children in Illinois who were eligible for, but not receiving, early intervention services.Part H of IDEA sets up a federal program which federal funds are granted to states for the development and implementation of systems…

Part H of IDEA sets up a federal program which federal funds are granted to states for the development and implementation of systems to provide early intervention services to developmentally-delayed infants and toddlers from birth through age two. According to the complaint, since 1987 to 1994, Illinois had received more than $24 million in federal funds to provide early intervention services. But in this case, the state failed to provide any therapy for a 4 1/2-month-old child who had Down's syndrome. Most of the young children with cerebral palsy, prenatal brain injury, stroke, deafness, Down's syndrome and other disabilities in Illinois did not receive therapy, education, family counseling or social work. A report by the Illinois auditor general estimated that in 1992 only one-fourth of the eligible infants and toddlers, about 9,000 of some 35,000 children, were receiving the required educational and therapeutic services.

The plaintiffs sought declaratory and injunctive relief. The declaratory relief they requested was for the court to declare that Illinois' failure to provide all eligible infants with early intervention services under Part H was a violation of their rights under Part H. For injunctive relief, they requested for Illinois to provide early intervention services to all eligible children and to comply with the mandatory aspects of Part H.

On May 2, 1994, the defendants filed a motion to dismiss, arguing that state sovereign immunity under the Eleventh Amendment barred the lawsuit. On June 13, 1994, however, the court (Judge Charles Kocoras) denied the defendants' motion to dismiss the complaint. The court stated that this action was not barred by the Eleventh Amendment because it fell under the Ex parte Young exception. The court held that, because plaintiffs were seeking prospective injunctive relief, the fact that Illinois possibly would have to spend considerable funds to comply with Part H did not remove the action from the strictures of the Ex parte Young doctrine.

On September 25, 1995, the plaintiffs filed a motion for summary judgment. On October 21, 1995, the defendants filed a cross-motion for summary judgment. On February 1, 1996, the court issued an opinion on the cross-motions, granting the plaintiffs' motion for summary judgment and denying defendant's. The court held that under the IDEA, all infants and toddlers with disabilities or developmental delays had a right to receive critical early intervention services from their states. This was a first case interpreting a provision of Part H of the IDEA. The court stated that Illinois must provide all eligible children early intervention services, including developmental evaluations and 16 specific therapies and services such as physical, occupational, and speech therapies. 1996 WL 48515.

Over the next few months, the court held hearings to determine how the state would provide early intervention services. On September 19, 1996, the court entered final judgment. The court's judgment concluded that Part H requires that, “after five years, a state ‘shall’ have in effect ‘at a minimum’ certain programs serving ‘all’ eligible children.” The court therefore granted plaintiffs the requested declaratory relief, stating that (1) Illinois was required to have in place a statewide system of programs providing early intervention services to all eligible infants, and (2) Illinois was required to provide the services mandated under Part H. The court also granted detailed injunctive relief designed to require the defendants to bring Illinois into “meaningful compliance” with Part H.

On October 2, 1996, the court appointed an expert to monitor the State of Illinois' compliance with the provisions of the court's order and to report on those matters to the court at appropriate intervals.

On October 17, 1996, the defendants appealed the district court's decision to U.S. Court of Appeals for the Seventh Circuit. On December 30, 1997, the Seventh Circuit (Judges Cudahy, Ripple, and Kanne) affirmed the district court's decision. 131 F.3d 610.

On June 8, 1998, a motion for approval of proposed settlement of attorneys' fees was filed by the plaintiff. On June 11, 1998, the court granted the settlement proposal for the attorneys' fees. The defendants paid fees to the plaintiffs (details are unknown).

Over the next few years, enforcement of the court's judgment continued. On February 3, 2000, however, the plaintiffs filed a motion to enforce final order and judgment of September 16, 1996, arguing that the State was violating the court's order by not complying with the mandates of Part C of the IDEA with respect to specialized services. Specifically, the plaintiffs argued that the State failed to comply with the Part C requirements by allegedly maintaining a policy of denying "specialized services" to infants and toddlers enrolled in Part C services.

On March 15, 2000, the court denied the plaintiffs' motion to enforce final order and judgment and terminated the court's supervision in this matter. The court stated it issued its order in 1996 because the State did not have a system that was adequately meeting the goals of Part C of the IDEA. Since then, the State had substantially complied with the requirements of Part C, so the court found no reason to force the state into providing an optimum level of benefits.

At the end of 2000, the State indicated that it intended in the near future to include in the early intervention system a "quality enhancement" review process. The plaintiffs claimed, however, that the quality enhancement process was deficient because it gave authority to reviewers who did not participate in the planning and forming of the child's individualized family service plan (IFSP) to override the service plan developed by the IFSP team. The plaintiffs moved for injunctive relief to stop this process, but the court denied the motion on January 26, 2001. The quality enhancement review process thus went into effect June 1, 2001.

Meanwhile, the State requested approval for the QE review from the Office of Special Educational Programs (OSEP) of the U.S. Department of Education. On September 6, 2001, however, OSEP sent a letter to the State indicating that the quality enhancement process did not comply with Part C of the IDEA. The plaintiffs thus moved the court to require the State to produce the names of all individuals in the program so that the plaintiffs could notify them that they were entitled to reevaluation of their services under the IDEA. On December 5, 2002, the court denied this motion, concluding that allowing disclosure of the names would be improper.

On November 17, 2004, the plaintiffs filed a motion for an award of attorneys' fees and costs. This motion was denied by the court on January 12, 2005. The court stated that although the plaintiffs are prevailing parties for matters up until May 2001, it would be too tenuous to award three years' worth of attorneys' fees for the monitoring and judicial oversight of defendant's compliance.

There are no further updates. There is no reason to believe the case is ongoing.

Summary Authors

Ginny Lee (4/3/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5083677/parties/o-v-edgar/

Judge(s)

Cudahy, Richard Dickson (Illinois)

Attorney for Plaintiff

Berman, Karen Margot (Illinois)

Fain, Lisa Zachary (Illinois)

Fenton, Richard Lee (Illinois)

Attorney for Defendant

Ioppolo, Thomas A. (Illinois)

Judge(s)

Cudahy, Richard Dickson (Illinois)

Kanne, Michael Stephen (Indiana)

Kocoras, Charles Petros (Illinois)

Ripple, Kenneth Francis (Indiana)

Attorney for Plaintiff

Berman, Karen Margot (Illinois)

Fain, Lisa Zachary (Illinois)

Fenton, Richard Lee (Illinois)

Lehrer, Robert E. (Illinois)

Redleaf, Diane L. (Illinois)

Rosen, Jennifer Naomi (Illinois)

Scheidt, Donna L. (Michigan)

Segal, Tracy Tatnall (Florida)

Solis, Tina B. (Illinois)

Thompson, Jill Anne (Illinois)

Vanderwicken, Sarah (Illinois)

Wilson, Kelly C. (Wisconsin)

Woltjen, Maria (Illinois)

Zimmerman, Amy Lauren (Illinois)

Attorney for Defendant

Ioppolo, Thomas A. (Illinois)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:94-cv-01471	Docket [PACER] O v. Edgar	Jan. 12, 2005	Jan. 12, 2005 Docket
14 1:94-cv-01471	Memorandum Opinion O. v. Edgar	June 13, 1994	June 13, 1994 Order/Opinion 1994 WL 262193
26 1:94-cv-01471	Memorandum Opinion O. v. Edgar	Aug. 25, 1994	Aug. 25, 1994 Order/Opinion 157 F.R.D. 433
58 1:94-cv-01471	Memorandum Opinion	Feb. 2, 1996	Feb. 2, 1996 Order/Opinion 1996 WL 48515
64 96-03609	Opinion O. v. Edgar U.S. Court of Appeals for the Seventh Circuit	Dec. 2, 1997	Dec. 2, 1997 Order/Opinion 131 F.3d 610
153 1:94-cv-01471	Minute Order	March 15, 2000	March 15, 2000 Order/Opinion
190 1:94-cv-01471	Minute Order	Dec. 4, 2002	Dec. 4, 2002 Order/Opinion
197 1:94-cv-01471	Minute Order	Jan. 12, 2005	Jan. 12, 2005 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5083677/o-v-edgar/

Last updated April 8, 2025, 11:07 a.m.

Docket for: O v. Edgar

ECF Number	Date	Description	Link
	March 10, 1994	RECEIPT regarding payment of filing fee paid; on 03/10/94 in the amount of $120.00, receipt #432030. (srb) (Entered: 03/11/1994)	PACER
2	March 14, 1994	RETURN OF SERVICE of summons executed upon defendant Jim Edgar on 3/10/94 (eav) (Entered: 03/15/1994)	PACER
3	March 14, 1994	RETURN OF SERVICE of summons executed upon defendant Mary J Broncato on 3/10/94 (eav) (Entered: 03/15/1994)	PACER
4	March 18, 1994	MINUTE ORDER of 3/18/94 by Hon. Charles P. Kocoras : Status hearing set for 20 Apr 94 at 9:30 a.m. At the initial status hearing, parties to report on the following: 1. Possibility of settlement in the case. 2. If no possibility of settlement exists, nature and length of discovery necessary. Discovery plans need not be in writing unless so ordered by the Court. The provisions of FRCP 26(a)(1) shall not apply unless expressly ordered by the Court at the initial or later hearings. Plaintiff is directed to advise all other parties of the Court's action herein. Lead counsel for each party is required to attend the initial hearing. Mailed notice (eav) (Entered: 03/21/1994)	PACER
5	April 1, 1994	ATTORNEY APPEARANCE for defendants Jim Edgar, Mary J Broncato by Thomas A. Ioppolo (eav) (Entered: 04/04/1994)	PACER
6	April 1, 1994	NOTICE of filing by defendants Jim Edgar, Mary J Broncato regarding attorney appearance [5−1] (eav) (Entered: 04/04/1994)	PACER
7	April 12, 1994	MOTION by defendants to extend time to answer or otherwise plead ; Notice of motion (eav) (Entered: 04/13/1994)	PACER
8	April 12, 1994	MINUTE ORDER of 4/12/94 by Hon. Charles P. Kocoras : Status hearing re−set for 3 May 94 at 9:30 a.m. Defendants' motion for an extension of time to April 29, 1994 to answer or otherwise plead is granted. [7−1] Mailed notice (eav) (Entered: 04/13/1994)	PACER
9	May 2, 1994	MOTION by defendants to dismiss complaint ; Notice of motion (ldg) (Entered: 05/03/1994)	PACER
10	May 2, 1994	MEMORANDUM of law by defendants in support of defendants' motion to dismiss complaint [9−1]. (ldg) (Entered: 05/03/1994)	PACER
11	May 2, 1994	MINUTE ORDER of 5/2/94 by Hon. Charles P. Kocoras : Plaintiffs' response to defendants' motion to dismiss complaint due 05/16/94 [9−1]. Defendants' reply to answer brief due 5/16/94. Ruling on motion to dismiss complaint set for 06/13/94 at 9:30 a.m. [9−1]. Granting defendants' oral motion for leave to file brief in excess of 15 pages [0−1]. Status hearing set for 05/03/94 is vacated. Mailed notice (ldg) (Entered: 05/03/1994)	PACER
	May 2, 1994	ORAL MOTION by defendants for leave to file brief in excess of 15 pages. (ldg) (Entered: 05/03/1994)	PACER
12	May 16, 1994	RESPONSE brief by plaintiffs in opposition to defendants' motion to dismiss complaint [9−1] (Exhibits). (ldg) (Entered: 05/17/1994)	PACER
13	May 23, 1994	REPLY memorandum by defendants in support of motion to dismiss complaint [9−1] (Attachments); Notice of filing (ldg) (Entered: 05/24/1994)	PACER
14	June 13, 1994	MEMORANDUM OPINION (ldg) (Entered: 06/13/1994)	PACER
15	June 13, 1994	MINUTE ORDER of 6/13/94 by Hon. Charles P. Kocoras : Status hearing set for 07/19/94 at 9:30 a.m. Ruling held. Enter memorandum opinion: Defendants' motion to dismiss complaint is granted in part and denied in part [9−1]. Said motion to dismiss Governor Edgar as a named party defendant is granted. Defendants' motion to dismiss is denied in all other respects. Defendants are given to 07/12/94 to answer the complaint. Mailed notice (ldg) (Entered: 06/13/1994)	PACER
17	July 6, 1994	MINUTE ORDER of 7/6/94 by Hon. Charles P. Kocoras : Granting plaintiffs' motion for leave to amend complaint and [16−1], to substitute parties [16−2]. Defendants are given leave to file motion to dismiss with supporting memorandum by 07/20/94. Answer to said motion due 07/27/94. All briefs are limited to l0 pages. Ruling set for 08/25/94 at 9:30 a.m. Status hearing set for 07/19/94 is stricken. Mailed notice (ldg) (Entered: 07/07/1994)	PACER
18	July 6, 1994	FIRST AMENDED CLASS ACTION COMPLAINT [1−1] by plaintiffs terminating defendant Mary J Broncato; adding Joseph H Spagnola (ldg) (Entered: 07/07/1994)	PACER
19	July 15, 1994	ANSWER to the first amended complaint by defendant Joseph H Spagnola; Notice of filing (ldg) (Entered: 07/18/1994)	PACER
20	July 20, 1994	MOTION by defendant Jim Edgar to dismiss first amended complaint (ldg) (Entered: 07/21/1994)	PACER
21	July 20, 1994	MEMORANDUM of law by defendant Jim Edgar in support of motion to dismiss first amended complaint [20−1]; Notice of filing (ldg) (Entered: 07/21/1994)	PACER
22	July 27, 1994	BRIEF by plaintiffs in opposition to Governor Edgar's motion to dismiss the first amended complaint [20−1] (Exhibit) (ldg) (Entered: 07/27/1994)	PACER
23	Aug. 19, 1994	MOTION by plaintiffs for class certification ; Notice of motion (ldg) (Entered: 08/23/1994)	PACER
24	Aug. 19, 1994	MEMORANDUM of law by plaintiffs in support of motion for class certification [23−1]. (ldg) (Entered: 08/23/1994)	PACER
25	Aug. 19, 1994	MINUTE ORDER of 8/19/94 by Hon. Charles P. Kocoras : Answer brief to motion for class certification due 09/02/94 [23−1]. Status hearing set for 09/07/94 at 9:30 a.m. No notice (ldg) (Entered: 08/23/1994)	PACER
26	Aug. 25, 1994	MEMORANDUM OPINION (ldg) (Entered: 08/26/1994)	PACER
27	Aug. 25, 1994	MINUTE ORDER of 8/25/94 by Hon. Charles P. Kocoras : Status hearing reset for 09/28/94 at 9:30 a.m. Ruling held. Enter memorandum opinion: Denying defendant Edgar's motion to dismiss first amended complaint [20−1]. Mailed notice (ldg) (Entered: 08/26/1994)	PACER
28	Aug. 26, 1994	AMENDED MOTION by plaintiffs for class certification. (ldg) (Entered: 09/01/1994)	PACER
29	Aug. 26, 1994	AGREED MOTION by plaintiffs for entry of protective order (Attachment). (ldg) (Entered: 09/01/1994)	PACER
30	Aug. 26, 1994	CLASS certification order [28−1] [23−1]. (ldg) (Entered: 09/01/1994)	PACER
31	Aug. 26, 1994	AGREED PROTECTIVE ORDER [29−1]. (ldg) (Entered: 09/01/1994)	PACER
32	Aug. 26, 1994	MINUTE ORDER of 8/26/94 by Hon. Charles P. Kocoras : Granting plaintiffs' amended motion for class certification [28−1], [23−1], Granting agreed motion for entry of protective order [29−1]. All other pending motins are hereby moot. Mailed notice (ldg) (Entered: 09/01/1994)	PACER
33	Sept. 28, 1994	MINUTE ORDER of 9/28/94 by Hon. Charles P. Kocoras : Status hearing held; continued to 02/28/95 at 9:30 a.m. All discovery to be completed by 02/28/95. No notice (ldg) (Entered: 10/04/1994)	PACER
	Feb. 14, 1995	SCHEDULE set on 2/14/95 by Hon. Charles P. Kocoras : Status hearing reset to March 2, 1995 at 9:30 a.m. Telephone notice (sct) (Entered: 02/14/1995)	PACER
	Feb. 28, 1995	SCHEDULE set on 2/28/95 by Hon. Charles P. Kocoras : Status hearing reset to 3/9/95 at 9:30 a.m. Telephone notice (sct) (Entered: 02/28/1995)	PACER
	March 9, 1995	SCHEDULE set on 3/9/95 by Hon. Charles P. Kocoras : Status hearing held and continued to 4/10/95 at 9:30 a.m. Discovery cut−off date extended to 4/10/95. No	PACER
	April 12, 1995	SCHEDULE set on 4/12/95 by Hon. Charles P. Kocoras : Status hearing held. Pretrial conference set for 5/9/95 at 10:00 a.m. No notice (sct) (Entered: 04/12/1995)	PACER
	May 9, 1995	SCHEDULE set on 5/9/95 by Hon. Charles P. Kocoras : Pretrial conference held. Status hearing set for 7/6/95 at 9:30 a.m. No notice (sct) (Entered: 05/09/1995)	PACER
	May 31, 1995	SCHEDULE set on 5/31/95 by Hon. Charles P. Kocoras : Status hearing reset to 9:30 7/10/95 . Mailed notice (sct) (Entered: 05/31/1995)	PACER
34	July 6, 1995	MOTION by defendants Jim Edgar, Joseph H Spagnola to extend time to file statement of stipulated facts ; Notice of motion (eav) (Entered: 07/07/1995)	PACER
35	July 6, 1995	MINUTE ORDER of 7/6/95 by Hon. Charles P. Kocoras : Status hearing reset 8/7/95 at 9:30 a.m. Defendants' motion to extend time to file statement of stipulated facts to 8/7/95 is granted. [34−1] Mailed notice (eav) (Entered: 07/07/1995)	PACER
36	Aug. 7, 1995	STATEMENT of stipiulated facts by plaintiffs and defendants (eav) (Entered: 08/08/1995)	PACER
37	Aug. 7, 1995	MINUTE ORDER of 8/7/95 by Hon. Charles P. Kocoras : Status hearing held. Plaintiffs are given to 09/18/95 to file motion for summary judgment. Defendants' answer and cross−motion for summary judgment due 10/18/95. Plaintiffs' reply and answer to cross−motion due 11/01/95. Defendants' reply due 11/09/95. Ruling set for 12/06/95 at 9:30 a.m. Mailed notice (eav) (Entered: 08/08/1995)	PACER
38	Sept. 25, 1995	MOTION by plaintiffs for summary judgment (rmm) (Entered: 09/26/1995)	PACER
39	Sept. 25, 1995	MOTION by plaintiffs for leave to file brief in excess of 15 pages ; Notice of motion. (rmm) (Entered: 09/26/1995)	PACER
40	Sept. 25, 1995	12(m) statement of uncontested material facts by plaintiffs (rmm) (Entered: 09/26/1995)	PACER
41	Sept. 25, 1995	MINUTE ORDER of 9/25/95 by Hon. Charles P. Kocoras : Plaintiffs' motion for leave to file brief in excess of 15 pages [39−1] is granted. No notice (rmm) (Entered: 09/26/1995)	PACER
42	Sept. 25, 1995	BRIEF by plaintiffs in support of their motion for summary judgment [38−1] (rmm) (Entered: 09/26/1995)	PACER
43	Sept. 25, 1995	APPENDIX filed by plaintiffs to brief in support of their motion for summary judgment [38−1] (2 vols: 43−1, 43−2) (rmm) (Entered: 09/26/1995)	PACER
44	Oct. 18, 1995	MOTION by defendants Jim Edgar, Joseph H Spagnola for an extension of time to file their brief inopposition to plaintiff's motion for summary judgment and in support of defendants' motion for summary judgment ; Notice of motion (rmm) (Entered: 10/19/1995)	PACER
45	Oct. 18, 1995	MINUTE ORDER of 10/18/95 by Hon. Charles P. Kocoras : Granting defendants' motion for an extension of time [44−1][44−2] to 10/27/95 to answer plaintiffs' motion for summary judgment [38−1], and to file their cross motion for summary judgment. Motion deadline 11/10/95. Plaintiffs are given to 11/10/95 to file reply and answer to cross−motion. Defendant's reply is due 11/20/95. Ruling reset from 12/6/95 to 12/14/95 at 9:30 a.m. on motion for summary judgment [38−1]. Mailed notice (rmm) (Entered: 10/19/1995)	PACER
46	Oct. 31, 1995	MOTION by defendants Jim Edgar, Joseph H Spagnola for summary judgment ; Notice of filing. (rmm) (Entered: 11/01/1995)	PACER
47	Oct. 31, 1995	MOTION by defendants Jim Edgar, Joseph H Spagnola to file brief in excess of page limite ; Notice of motion (rmm) (Entered: 11/01/1995)	PACER
49	Oct. 31, 1995	MINUTE ORDER of 10/31/95 by Hon. Charles P. Kocoras : Granting defendants' motion to file brief in excess of fifteen pages [47−1]. Mailed notice (rmm) (Entered: 11/01/1995)	PACER
51	Oct. 31, 1995	APPENDIX filed by defendants Jim Edgar, Joseph H Spagnola to motion for summary judgment [46−1] (1 volume) (rmm) (Entered: 11/01/1995)	PACER
103195	Oct. 31, 1995	MEMORANDUM by defendants Jim Edgar, Joseph H Spagnola in support of motion for summary judgment [46−1] (rmm) (Entered: 11/01/1995)	PACER
52	Nov. 6, 1995	MOTION by plaintiffs for extension of time to file reply brief in supprot of summary judgment and response brief to defendants' cross motion ; Notice of motion. (rmm) (Entered: 11/07/1995)	PACER
53	Nov. 6, 1995	MINUTE ORDER of 11/6/95 by Hon. Charles P. Kocoras : Plaintiff's motion for extension of time to 11/20/95 to file reply brief in support [52−1] [52−1] motion of summary judgment [38−1] and response brief to defendants' cross motion [46−2] is granted. Defendants' reply due 11/30/95 to motion for summary judgment [46−1]. Mailed notice (rmm) (Entered: 11/07/1995)	PACER
54	Nov. 20, 1995	REPLY brief by plaintiffs in furthr support of its motion for summary judgment [38−1] and in opposition to defendants' cross motion for summary judgment (Exhibits) (rmm) (Entered: 11/22/1995)	PACER
54	Nov. 20, 1995	OPPOSITION by plaintiffs to defendants' cross−motion for summary judgment [46−1] with reply brief in further support of its motion for summary judgment (Exhibits) (rmm) (Entered: 11/22/1995)	PACER
55	Nov. 30, 1995	REPLY brief by defendants Jim Edgar, Joseph H Spagnola in support of their motion for summary judgment [46−1] with opposition to plaintiffs' motion for summary judgment (Attachments); Notice of filing. (rmm) (Entered: 12/01/1995)	PACER
55	Nov. 30, 1995	OPPOSITION by defendants Jim Edgar, Joseph H Spagnola to plaintiffs' motion for summary judgment [38−1] with reply brief in support of their motion for summary judgment (Attachments); Notice of filing. (rmm) (Entered: 12/01/1995)	PACER
56	Dec. 6, 1995	MOTION by defendants Jim Edgar, Joseph H Spagnola to delay ruling on cross−motions for summary judgment ; Notice of motion (Attachment) (rmm) (Entered: 12/07/1995)	PACER
57	Dec. 6, 1995	MINUTE ORDER of 12/6/95 by Hon. Charles P. Kocoras : Defendant's motion to delay ruling on cross−motions for summary judgment [56−1] is denied. No notice (rmm) (Entered: 12/07/1995)	PACER
	Dec. 14, 1995	SCHEDULE set on 12/14/95 by Hon. Charles P. Kocoras : Ruling set for December 14, 1995 is stricken. The Court will rule by mail. Telephone notice (sct) (Entered: 12/14/1995)	PACER
58	Feb. 1, 1996	MEMORANDUM OPINION (rmm) (Entered: 02/02/1996)	PACER
59	Feb. 1, 1996	MINUTE ORDER of 2/1/96 by Hon. Charles P. Kocoras : Status hearing set for 9:30 2/27/96. Enter memorandum opinion: Plaintiff's motion for summary judgment [38−1] is granted. Defendants' motion for summary judgment [46−1] is denied. Mailed notice (rmm) (Entered: 02/02/1996)	PACER
	Feb. 23, 1996	SCHEDULE set on 2/23/96 by Hon. Charles P. Kocoras : Status hearing reset to 9:30 3/5/96 . Telephone notice (sct) (Entered: 02/23/1996)	PACER
	March 5, 1996	SCHEDULE set on 3/5/96 by Hon. Charles P. Kocoras : Status hearing held and continued to 9:30 4/8/96 . No notice (sct) (Entered: 03/05/1996)	PACER
60	April 3, 1996	MOTION by plaintiffs for entry of final judgment order and, order appointing expert witnesses ; Notice of motion. (fce) (Entered: 04/05/1996)	PACER
61	April 3, 1996	MINUTE ORDER of 4/3/96 by Hon. Charles P. Kocoras : Denying plaintiffs' motion for entry of final judgment order [60−1], and order appointing expert witnesses [60−2] Status hearing reset to 9:30 am on 4/17/96 . Mailed notice (fce)	PACER
63	April 17, 1996	MINUTE ORDER of 4/17/96 by Hon. Charles P. Kocoras : Status hearing held; continued to 10:00 a.m. on 5/29/96. Defendants are directed to submit to the court by 05/22/96, their plan as discussed in open court. Mailed notice (fce) (Entered: 04/18/1996)	PACER
64	May 22, 1996	Defendants' plan for early intervention services by defendant; Notice of filing. (mak) (Entered: 05/24/1996)	PACER
	May 29, 1996	SCHEDULE set on 5/29/96 by Hon. Charles P. Kocoras : Status hearing held and continued to 10:00 6/27/96 . No notice (sct) (Entered: 05/29/1996)	PACER
65	June 27, 1996	MINUTE ORDER of 6/27/96 by Hon. Charles P. Kocoras : Defendants reply to plaintiffs' objection to defendants' plan [64−1] due 07/26/96. Status hearing held; continued to 10:00 a.m. 8/15/96 . No notice (mak) (Entered: 06/28/1996)	PACER
66	July 16, 1996	TRANSCRIPT of proceedings for the following date(s): 05/29/96 Before Honorable Charles P.Kocoras (One volume) (mak) (Entered: 07/17/1996)	PACER
67	July 26, 1996	RESPONSE by defendants to plaintiffs' letter of 06/26/96 (Attachment); Notice of filing. (mak) (Entered: 07/29/1996)	PACER
	Aug. 15, 1996	SCHEDULE set on 8/15/96 by Hon. Charles P. Kocoras : Status hearing reset to 10:00 8/29/96 . Telephone notice (sct) (Entered: 08/15/1996)	PACER
	Aug. 29, 1996	SCHEDULE set on 8/29/96 by Hon. Charles P. Kocoras : Status hearing held. No notice (sct) (Entered: 08/29/1996)	PACER
68	Sept. 5, 1996	RECOMMENDATION OF EXPERTS to oversee implementation of final order by plaintiffs (Attachments) (mak) (Entered: 09/07/1996)	PACER
69	Sept. 19, 1996	FINAL ORDER AND JUDGMENT (mak) (Entered: 09/20/1996)	PACER
70	Sept. 19, 1996	MINUTE ORDER of 9/19/96 by Hon. Charles P. Kocoras : Enter final order and judgment. terminating case Mailed notice (mak) (Entered: 09/20/1996)	PACER
71	Sept. 19, 1996	ENTERED JUDGMENT (mak) (Entered: 09/20/1996)	PACER
72	Sept. 27, 1996	STATEMENT by defendants regarding the selection of a monitor; Notice of filing. (mak) (Entered: 10/01/1996)	PACER
73	Oct. 2, 1996	MINUTE ORDER of 10/2/96 by Hon. Charles P. Kocoras : The court hereby appoints Sharon Walsh for the purpose of monitoring the State of Illinois' compliance with the provisions of the State of Illinois' compliance with the provisions of the court's order of 9/19/96 and reporting on those matters to the court at appropriate intervals. This appointment is based on Ms. Walsh's pror experience in relevant disciplines and her acceptability by both sides in this case. Mailed notice (rmm) (Entered: 10/03/1996)	PACER
74	Oct. 3, 1996	MOTION by plaintiffs requesting extension of time for plaintiff's to file bill of costs pursuant to local general rule 45 ; Notice of motion. (fce) (Entered: 10/10/1996)	PACER
75	Oct. 9, 1996	MINUTE ORDER of 10/9/96 by Hon. Charles P. Kocoras : Granting plaintiffs' motion requesting extension of time for plaintiff's to file bill of costs pursuant to local general rule 45 [74−1] until 90 days after the judgment was issued. So ordered. Mailed notice (fce) (Entered: 10/10/1996)	PACER
76	Oct. 17, 1996	NOTICE OF APPEAL by Jim Edgar, Joseph H Spagnola from judgment entered [71−1], from Scheduling order terminating case [70−1], from motion minute order [70−2], from judgment [69−1] ( Fee Not Paid) (fce) (Entered: 10/17/1996)	PACER
77	Oct. 17, 1996	DOCKETING STATEMENT by defendants Jim Edgar, Joseph H Spagnola regarding appeal [76−1] . (fce) (Entered: 10/17/1996)	PACER
78	Oct. 24, 1996	SEVENTH CIRCUIT transcript information sheet by plaintiff (mak) (Entered: 11/02/1996)	PACER
79	Oct. 24, 1996	ACKNOWLEDGEMENT of receipt of short record on appeal USCA 96−3609 (Attachments) (mak) (Entered: 11/02/1996)	PACER
80	Nov. 18, 1996	MOTION by defendants to extend time to complete procedures relating to attorneys' fees ; Notice of motion (yap) (Entered: 12/05/1996)	PACER
81	Nov. 20, 1996	MINUTE ORDER of 11/20/96 by Hon. Charles P. Kocoras : Defendants' motion to extend time to 12/9/96 to complete procedures relating to attorneys' fees [80−1] is granted. Telephoned notice (yap) (Entered: 12/05/1996)	PACER
82	Dec. 9, 1996	MOTION by defendants to defer ruling on attorneys' fees ; Notice of motion. (mak) (Entered: 01/02/1997)	PACER
	Dec. 12, 1996	MINUTE ORDER of 12/12/96 by Hon. Charles P. Kocoras : Granting defendants' motion to defer ruling on attorneys' fees until the completion of the appeal [82−1]. No notice (mak) (Entered: 01/02/1997)	PACER
84	Feb. 11, 1997	TRANSCRIPT of proceedings for the following date(s): 06/27/96 Before Honorable Charles P. Kocoras (One volume) (mak) (Entered: 02/13/1997)	PACER
85	Feb. 19, 1997	MOTION by defendants Jim Edgar, Joseph H Spagnola to correct recordon appeal ; Notice of motion. (mak) (Entered: 02/25/1997)	PACER
86	Feb. 19, 1997	AFFIDAVIT of Thomas A. Ioppolo regarding motion to correct recordon appeal [85−1] (Exhibits) (mak) (Entered: 02/25/1997)	PACER
87	Feb. 24, 1997	MINUTE ORDER of 2/24/97 by Hon. Charles P. Kocoras : Granting defendants' motion to correct record on appeal [85−1]. Clerk of Court is directed to supplement the record on appeal by transmitting to the U.S. Court of Appeals for the Seventh Circuit, this Court's minute order dated 02/01/96 (Doc 59), and this Court's Memorandum Opinion dated 02/01/96 (Doc 58). So ordered. Mailed notice (mak) (Entered: 02/25/1997)	PACER
	March 14, 1997	TRANSMITTED to the 7th Circuit supplement to appeal no. 96−3609 consisting of one volume of pleadings (Doc #'s 58,59 &87) Mailed notice to all counsel. (mak) (Entered: 03/14/1997)	PACER

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Case Details

State / Territory:

Illinois

Case Type(s):

Education

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: March 10, 1994

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four infants with disabilities, represented by Chicago Lawyers' Committee for Civil Rights, on behalf of a class of approximately 26,000 other children in Illinois who were eligible for, but not receiving, early intervention services.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Governor of Illinois

Facility Type(s):

Government-run

Case Details