Case: Johnson v. Champaign Community Schools

1:00-cv-01349 | U.S. District Court for the Central District of Illinois

Filed Date: Oct. 4, 2000

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On October 4, 2000, African American students of Champaign County Unit School District #4 filed a lawsuit in the United States District Court of the Central District of Illinois against the School District. The lawsuit, based on complaints of racial segregation in schools, arose under 42 U.S.C. § 1983 ("Title VI"), and other state and federal law. The plaintiff, represented by private counsel, sought to have the Court approve and order enforcement of a previously drafted consent decree.This con…

On October 4, 2000, African American students of Champaign County Unit School District #4 filed a lawsuit in the United States District Court of the Central District of Illinois against the School District. The lawsuit, based on complaints of racial segregation in schools, arose under 42 U.S.C. § 1983 ("Title VI"), and other state and federal law. The plaintiff, represented by private counsel, sought to have the Court approve and order enforcement of a previously drafted consent decree.

This consent decree incorporated various memoranda and a Resolution Agreement made by the School District and the United States Department of Education Office of Civil Rights ("OCR"), resulting from several families initiating complaints with the OCR in May and July of 1996. The initial complaints with the OCR alleged system-wide discrimination in student assignment, intra-school segregation, and discrimination in tracking, discipline, and staff-hiring and assignment. On June 15, 1998, the School District entered into the Resolution agreement with OCR, resolving issues from the initial complaints and OCR investigations.

However, this lawsuit was initiated due to a dispute between the original families who initiated the complaints and their private counsel, and the association Of the People, who were actively aiding the families in their efforts. On July 28, 2000, Racial Justice Now (the successor association to Of The People) filed a school desegregation suit against the School District, prompting this lawsuit.

On January 29, 2002, the Court (Judge Joe Billy McDade) approved the Second Revised Consent Decree. The Consent Decree, expiring in the 2008-2009 school year, outlined increased seating capacity to remedy student assignment problems, a budget for educational equity reforms, improvement of hiring practices, and a Controlled Choice Plan to incentivize school improvement and increase diversity. On December 9, 2002, the OCR formally closed its monitoring of the case.

On February 19, 2009, the plaintiffs submitted a motion to the Court to modify the Consent Decree or to vacate it and initiate a trial. The plaintiffs requested an extension of the Consent Decree's student assignment portion past the original 2009 expiration, claiming that the School District had not yet added and sought funding for additional seats in majority-white north side schools. The parties entered a Joint Motion for Settlement Approval, granted by the Court on November 4, 2009, terminating the Consent Decree and specifying policies regarding student assignment as well as the creation of an Education Equity Excellence Committee, resolving the remaining issues in regards to student assignment discrimination.

On June 1, 2011, the Court ordered that the defendant pay $701,159.03 in attorney's fees to the plaintiffs. On July 1, 2011, the Board of Education filed an appeal to the United States Court of Appeals for the Seventh Circuit (11-02485), and on July 14, 2011, the plaintiffs filed a cross appeal (11-02601). Both appeals concerned the appropriate amount of attorney's fees. On July 18, 2011, the appeals were consolidated and on April 24, 2012, the Court granted the parties' joint motion for an indicative ruling, allowing the case to be remanded and resulting in a total of $496,290.24.

On June 7, 2012, the Court entered an order approving a settlement agreement approving the fees and closing the case.

Summary Authors

Claire Lally (1/27/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4664493/parties/johnson-v-board-of-education/


Judge(s)

Gorman, John A. (Illinois)

McDade, Joe Billy (Illinois)

Attorneys(s) for Plaintiff

Ashley, Carol R. (Illinois)

Hervey, Venita (Illinois)

Howard, Robert C. (Illinois)

Mangold Spoto, Kathleen (Illinois)

Matlack, Joan (Illinois)

Thomas, William Woods (Illinois)

Vargas, Rafael A (Illinois)

Weltman, Stewart M. (Illinois)

Judge(s)

Gorman, John A. (Illinois)

McDade, Joe Billy (Illinois)

Attorneys(s) for Plaintiff

Ashley, Carol R. (Illinois)

Hervey, Venita (Illinois)

Howard, Robert C. (Illinois)

Mangold Spoto, Kathleen (Illinois)

Matlack, Joan (Illinois)

Thomas, William Woods (Illinois)

Vargas, Rafael A (Illinois)

Weltman, Stewart M. (Illinois)

Attorneys(s) for Defendant

Dillon, Erika (Illinois)

Hardy, Whitney D. (Illinois)

Relias, John Alexis (Illinois)

Scott, Sally J. (Illinois)

Smith, Jennifer A (Illinois)

Sneed, Maree F. (District of Columbia)

Spivey, Dawn M. (Illinois)

Whitten, Patricia J. (Illinois)

Other Attorney(s)

Thies, David C. (Illinois)

Voci, Edward A. (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

June 7, 2012 Docket
65

Order [Approving Consent Decree]

188 F.Supp.2d 944

Jan. 29, 2002 Order/Opinion

Champaign Unit School 2008 Notice

Nov. 3, 2008 Notice Letter

Monitoring Report #5

Johnson v. Champaign Community Schools

June 22, 2009 Monitor/Expert/Receiver Report

Order

July 15, 2009 Order/Opinion

Settlement Agreement

July 28, 2009 Settlement Agreement
322

Opinion and Order [Granting Motion for Settlement Approval]

2009 WL 3765846

Nov. 4, 2009 Order/Opinion
339

Opinion and Order [Concerning Attorneys' Fees]

2011 WL 2160944

June 1, 2011 Order/Opinion

Joint Motion for the Approval of Proposed Settlement Agreement

May 29, 2012 Pleading / Motion / Brief
372

Order & Opinion

Johnson v. Board of Education Champaign

June 7, 2012 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4664493/johnson-v-board-of-education/

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

ECF Number Description Date Link
159

ORDER Proposed Plan addressing Consent Decree progress due on or before 1/15/2007. Entered by Judge Joe Billy McDade on 10/19/06. (JBM3, ilcd)

Oct. 19, 2006 RECAP
2

FILING FEE PAID on 10/4/00 in the amount of $150.00 receipt #39843. (JW, ilcd) (Entered: 10/06/2000)

Oct. 4, 2000
187

ORDER providing additional clarification re 186 Order on Motion for Hearing, 182 MOTION for Hearing MOTION for Hearing filed by Alando Holt, John. Helmick, Tyjuan Johnson, Keisean Cooper, Craig Richardson, Antonio Holt, Brandon Baker, Anesia Jamerson, Ania Jamerson, Mario Cook, Sa'Da Johnson, Letresha Cook. Entered by Judge Joe Billy McDade on 8/25/2008. (CL, ilcd)

Aug. 25, 2008 RECAP
3

WAIVER OF SERVICE returned as to defendant Board of Eduation Date waiver sent: 10/03/00; Answer due on 12/4/00 (JW, ilcd) (Entered: 10/06/2000)

Oct. 4, 2000
4

ATTORNEY APPEARANCE by Venita Hervey for plaintiffs (JW, ilcd) Modified on 10/06/2000 (Entered: 10/06/2000)

Oct. 4, 2000
259

ORDER Entered by Judge Joe Billy McDade on 7/15/09. The Consent Decree is hereby TERMINATED. Defendant's Motion for Extension of Time to Respond to Plaintiffs' Motion to Compel Payment of Fees and Costs 256 is GRANTED IN PART. Defendan t is granted until July 29, 2009 to respond to Plaintiffs' arguments related to fees incurred prior to the termination of the Consent Decree (i.e. prior to the end of school year 2008-2009). Defendant is granted until August 17, 2009 to respond to the remaining arguments regarding fees incurred after the termination of the Consent Decree and related to Plaintiffs' motions to extend the Consent Decree. Plaintiffs' Motion for Miscellaneous Relief Pertaining to Deposition of Dr. Ro bert Peterkin 257 is GRANTED IN PART. This Court will contact Magistrate Judge Gorman's chambers (Judge Gorman was the original Judge assigned to this case) regarding the scheduling of a settlement conference. The Court or Judge Gorman' s chambers will contact the parties regarding the feasibility of the dates requested and the obligation of the parties to provide brief ex parte written settlement memoranda to Judge Gorman prior to the conference. In the event that Judge Gorman is unavailable, Magistrate Judge Cudmore will be contacted to conduct the settlement conference. The hearing date of August 3, 2009 is reaffirmed notwithstanding the date of the settlement conference. (FDT, ilcd)

July 15, 2009 RECAP
322

ORDER entered by Judge Joe Billy McDade on 11/4/09 granting 282 Motion for Settlement. This Court finds that the proposed settlement agreement is fair, adequate, and reasonable and hereby APPROVES the settlement agreement. The settlement agreemen t represents a significant bargain for Plaintiffs that outweighs the potential merit of Plaintiffs' case and is not the product of collusion between counsel. The Court is convinced that the agreement represents the best method of continuing the progress made in the Champaign schools that was started by the Consent Decree. This Court further is convinced that the agreement places the future of Champaign school children in the hands of persons best equipped to educate: the administrators, teachers, and staff of the Champaign schools, the community they serve, and the parents that are part of that community. The Consent Decree is hereby TERMINATED in its entirety. (FDT, ilcd)

Nov. 4, 2009 RECAP
5

ATTORNEY APPEARANCE entered by Robert C. Howard for plaintiff (JW, ilcd) Modified on 10/06/2000 (Entered: 10/06/2000)

Oct. 4, 2000
339

OPINION and ORDER - Based on the foregoing calculations and the bolded amounts due, Plaintiffs' attorneys are entitled to a total of $701,159.03 in fees and costs (divided into $584,846.97 for the firm and $116,312.06 for Ms. Hervey).. Entered by Judge Joe Billy McDade on 6/1/11. (SF, ilcd)

June 1, 2011 RECAP
6

MOTION by plaintiff to certify class action and designate Futterman &Howard class counsel (JW, ilcd) (Entered: 10/06/2000)

Oct. 4, 2000
7

MEMORANDUM IN SUPPORT of motion to certify class action and designate Futterman &Howard class counsel [6−1] by plaintiffs (JW, ilcd) (Entered: 10/06/2000)

Oct. 4, 2000
8

ATTORNEY APPEARANCE entered by Patricia J. Whitten and Erica Dillon for defendant Board of Eduation (JW, ilcd) (Entered: 10/06/2000)

Oct. 4, 2000
9

JOINT MOTION by plaintiffs and defendant for preliminary approval of the proposed consent decree (JW, ilcd) (Entered: 10/06/2000)

Oct. 4, 2000
10

NOTICE OF FILING re: joint motion for preliminary approval of the proposed consent decree and entry of appearance by defendant Board of Eduation (JW, ilcd) (Entered: 10/06/2000)

Oct. 4, 2000
11

ORDER by Judge Michael P. McCuskey recuses himself in this matter and the file is forwarded to Chief Judge McDade for reassignment. File mailed to Peoria Clerk's Office. (cc: all counsel) (SLJ, ilcd) (Entered: 10/16/2000)

Oct. 16, 2000
12

MOTION by plaintiffs Racial Justice Now, Steven Lee, Christina Colemon, Briana Colemon, Britteny Colemon, Paulette Colemon, Alfred Raymond Fly, Christine Boykins, Demetrius Carr, Deanna Carr, Belinda Carr, Kentinio Pettitgrew, Derrez Pettitgrew, Kashira Pettitgrew, Randall Pettigrew, Richard Henry Pettigrew, Versie Pettitgrew, Clementine Pettigrew, Clemmie Pettigrew, Georgia Pettigrew, Nola M Smith, Catherine F Carter, Tieree Martin, Jamare Martin, Rhonda Martin, David Pickens, Dontrail Pickens, Dante Pickens, Lavria Brownlee, Shawn Drevia Caston, Robert Caston, Ladresha Brownlee, Mia Sibley, Christina Sibley, Victoria Blisset, Joyce Blisset to intervene by plaintiffs Racial Justice Now, Steven Lee, Christina Colemon, Briana Colemon, Britteny Colemon, Paulette Colemon, Alfred Raymond Fly, Christine Boykins, Demetrius Carr, Deanna Carr, Belinda J Carr, Kentinio Pettitgrew, Derrez Pettitgrew, Kentinio Pettitgrew, Kashira Pettitgrew, Randall Pettigrew, Richard Henry Pettigrew, Versie Pettitgrew, Clementine Pettigrew, Clemmie Pettigrew, Georgia Pettigrew, Nola M Smith, Catherine F Carter, Tieree Martin, Jamare Martin, Rhonda Martin, David Pickens, Dontrail Pickens, Dante Pickens, Lavria Brownlee, Shawn Drevia Caston (VB, ilcd) (Entered: 10/19/2000)

Oct. 16, 2000
13

ATTORNEY APPEARANCE Edward A Voci for plaintiffs Racial Justice Now, Steven Lee, Christina Colemon, Briana Colemon, Britteny Colemon, Paulette Colemon, Alfred Raymond Fly, Christine Boykins, Demetrius Carr, Deanna Carr, Belinda J Carr, Kentinio Pettitgrew, Derrez Pettitgrew, Kentinio Pettitgrew, Kashira Pettitgrew, Randall Pettigrew, Richard Henry Pettigrew, Versie Pettitgrew, Clementine Pettigrew, Clemmie Pettigrew, Georgia Pettigrew, Nola M Smith, Catherine F Carter, Tieree Martin, Jamare Martin, Rhonda Martin, David Pickens, Dontrail Pickens, Dante Pickens, Lavria Brownlee, Shawn Drevia Caston, Dreshana Caston, Robert Caston, Ladresha Brownlee, Mia Sibley, Christina Sibley, Victoria Blisset, Joyce Blisset (VB, ilcd) (Entered: 10/19/2000)

Oct. 16, 2000

Original file, transfer order received from Urbana [ 00−2274]. Case assigned to Chief Judge Joe B. McDade. Case referred to Mag. Judge John A. Gorman. (RK, ilcd) (Entered: 10/20/2000)

Oct. 16, 2000

MINUTE−ENTRY: by Chief Judge Joe B. McDade Case referral terminated as to Mag. Judge John A. Gorman. Rule 16 conference set Thurs., 12/14/00 at 3:00 PM (in person before Chief Judge McDade). Court will take up any pending motions on 12/14/00. Rule 16 notice enclosed. Court is also setting related case 00−1284 for Rule 16 at the same time. (cc: all counsel) (SH, ilcd) (Entered: 10/31/2000)

Oct. 30, 2000

MINUTE−ENTRY: by Chief Judge Joe B. McDade Hearing on pending motions/Rule 16 conference previously set 12/14/00 at 3:00 is reset to 1:45 PM, Thurs., 12/14/00 (NOTE: This is a change in TIME only). (cc: all counsel) (SH, ilcd) (Entered: 11/13/2000)

Nov. 9, 2000
15

ORDER by Chief Judge Joe B. McDade. On December 14, 2000 Court is holding a joint Rule 16 conference in both cases 00−1284 and 00−1349. All parties are directed to file paper addressing topics set out in this order. misc ddl to file paper 12/7/00 (cc: all counsel) (CM, ilcd) Modified on 12/01/2000 (Entered: 11/30/2000)

Nov. 30, 2000
16

MOTION by defendant Board of Eduation to extend time to answer for 30 days after 12/14/00 (HK, ilcd) (Entered: 12/01/2000)

Dec. 1, 2000
17

RESPONSE by plaintiff to November 29, 2000 Order (SH, ilcd) (Entered: 12/08/2000)

Dec. 8, 2000
18

RESPONSE by defendant to November 29, 2000 Order [15−2] (SH, ilcd) (Entered: 12/08/2000)

Dec. 8, 2000

MINUTE−ENTRY: by Chief Judge Joe B. McDade granting motion to extend time to answer for 30 days after 12/14/00 [16−1] answer due 1/4/01 (cc: all counsel) (HK, ilcd) (Entered: 12/11/2000)

Dec. 11, 2000

MINUTE−ENTRY: by Chief Judge Joe B. McDade − Parties present in open court by Atty Voci for Pla RJN/Atty Ashley for Johnson Plas/Attys Ader, Dillon and Whitten for Dft Bd of Education for Rule 16 conference on 12/14/00 . Discussion re: status of case. Hearing on motion to certify class [6−1] set Fri., 3/16/01 at 1:30 PM (in person in Peoria). Oral motion by RJN to amend complaint on its face to reflect K−3 rather than K−8 − allowed. RJN given 10 days to file Motion to Intervene in 00−1349 (Mtn filing ddl set 12/28/00). Johnson plas and Bd of Education given 14 days to respond (misc ddl for response 1/11/01). (cc: all counsel) (SH, ilcd) (Entered: 12/19/2000)

Dec. 14, 2000
19

MOTION by defendant Board of Eduation in 1:00−cv−01349 to extend time to answer by 2/1/01 (HK, ilcd) (Entered: 12/29/2000)

Dec. 29, 2000
20

MOTION by intervenor−plaintiffs in 1:00−cv−01349 to intervene (HK, ilcd) (Entered: 12/29/2000)

Dec. 29, 2000

MINUTE−ENTRY: by Mag. Judge John A. Gorman granting motion to extend time to answer by 2/1/01 [16−1]. Answer or responsive pleading due by 2/1/01 in 1:00−cv−01284, in 1:00−cv−01349. (cc: all counsel) (HK, ilcd) (Entered: 01/08/2001)

Jan. 8, 2001
21

MOTION by defendant Board of Eduation in 1:00−cv−01349 to extend time to respond to motion to intervene (RK, ilcd) (Entered: 01/11/2001)

Jan. 10, 2001
22

Revised MOTION by defendant Board of Eduation in 1:00−cv−01349 to extend time to respond to motion to intervene (RK, ilcd) (Entered: 01/11/2001)

Jan. 10, 2001
23

Emergency MOTION by Plaintiffs' Sa'Da Johnson in 1:00−cv−01349, Tyjuan Johnson in 1:00−cv−01349, Brandon Baker in 1:00−cv−01349, Craig Richardson in 1:00−cv−01349, Keisean Cooper in 1:00−cv−01349, Letresha Cook in 1:00−cv−01349, Mario Cook 1:00−cv−01349, Antonio Holt in 1:00−cv−01349, Alando Holt 1:00−cv−01349, John . Helmick in 1:00−cv−01349, Ania Jamerson in 1:00−cv−01349, Anesia Jamerson in 1:00−cv−01349 to extend time to respond to the RJN Motion to Intervene (RK, ilcd) (Entered: 01/11/2001)

Jan. 10, 2001

MINUTE−ENTRY: by Mag. Judge John A. Gorman granting motion to extend time to respond to the RJN Motion to Intervene [23−1]. Plaintiff's response to motion to intervene [20−1] due on or before 1/16/01. (cc: all counsel) (RK, ilcd) (Entered: 01/16/2001)

Jan. 12, 2001

MINUTE−ENTRY: by Mag. Judge John A. Gorman granting motion to extend time to respond to motion to intervene [21−1] and [22−1]. Defendant to respond to the motion to intervene [20−1] on or before 1/16/01. (cc: all counsel) (RK, ilcd) (Entered: 01/16/2001)

Jan. 12, 2001
24

MEMORANDUM filed as Brief IN OPPOSITION to motion to intervene [20−1] by defendant Board of Eduation in 1:00−cv−01349 (RK, ilcd) (Entered: 01/16/2001)

Jan. 16, 2001
25

RESPONSE by plaintiffs' Sa'Da Johnson and Tyjuan Johnson in 1:00−cv−01349 to motion to intervene [20−1] (RK, ilcd) (Entered: 01/17/2001)

Jan. 16, 2001

JOINT STATUS REPORT/BRIEF FILED by parties in 1:00−cv−01284 &1:00−cv−01349 (HK, ilcd) (Entered: 01/24/2001)

Jan. 24, 2001
26

MOTION by defendant Board of Eduation in 1:00−cv−01349 to extend time to answer or otherwise plead until 2/8/01 (HK, ilcd) (Entered: 02/01/2001)

Feb. 1, 2001

MINUTE−ENTRY: by Mag. Judge John A. Gorman granting motion to extend time to answer or otherwise plead until 2/8/01 [26−1] answer due 2/8/01 (cc: all counsel) (HK, ilcd) (Entered: 02/02/2001)

Feb. 2, 2001
27

ANSWER to the Complaint by defendant Board of Eduation in 1:00−cv−01349 (RK, ilcd) (Entered: 02/08/2001)

Feb. 8, 2001
27

AFFIRMATIVE DEFENSES filed by defendant Board of Eduation in 1:00−cv−01349 (RK, ilcd) (Entered: 02/08/2001)

Feb. 8, 2001
28

JOINT STATUS REPORT by plaintiffs in 1:00−cv−01349, defendant in 1:00−cv−01349, intervenor−plaintiff in 1:00−cv−01349 (CL, ilcd) (Entered: 02/28/2001)

Feb. 28, 2001

MINUTE−ENTRY: by Mag. Judge John A. Gorman . Telephone Status conference/hearing previously set on 3/28/01 is now reset at 1:00 pm on Friday, 3/16/01 in 1:00−cv−01284, and 1:00−cv−01349 . Parties will call the Court. (cc: all counsel) (RK, ilcd) Modified on 03/13/2001 (Entered: 03/13/2001)

March 13, 2001

MINUTE−ENTRY: by Mag. Judge John A. Gorman. Parties present via phone by Attys Voci/Ader/Whitten/Dillon/Ashley for status/motion hearing at 1:00 on Friday, 3/16/01. Discussion held re: status of case. Parties to meet and provide settlement information directly to the court by 4/4/01. Court sets settlement conference/ status hearing at 1:00 on 4/4/01 before Magistrate Judge Gorman, court to set up call. Counsel to provide court with phone numbers where they can be reached for the 4/4/01 hearing. (cc: all counsel) (KB, ilcd) (Entered: 03/19/2001)

March 16, 2001

MINUTE−ENTRY: by Mag. Judge John A. Gorman. Parties present by Attys Voci/Ader/Dillon/Whitten/Ashley for Status hearing held at 1:00 pm on 4/4/01 in 1:00−cv−01284 and 1:00−cv−01349 . Same held. Discussion held re: status of case. Settlement conference set at 10:00 am on Tuesday, 5/1/01, in person, in Peoria in 1:00−cv−01284 and 1:00−cv−1394. Counsel to have clients available by phone. (cc: all counsel) (RK, ilcd) (Entered: 04/04/2001)

April 4, 2001

MINUTE−ENTRY: by Mag. Judge John A. Gorman. Parties present in person by Attys Voci/Ader/Whitten/Howard/Ashley for Settlement Conference held at 11:00 am on Tuesday, May 1, 2001. Same held. Parties agree to have a Status conference/hearing (originated by the Court) set at 11:00 am on Tuesday, May 8, 2001 by phone, to indicate if they wish to continue with settlement efforts or set it for hearing re: 1:00−cv−01284 and 1:00−cv−01349. Court to initiate the call on 5/8/01. (cc: all counsel) (RK, ilcd) (Entered: 05/01/2001)

May 1, 2001

MINUTE−ENTRY: by Mag. Judge John A. Gorman. Parties present by phone by Attys Voci/Ader/Whitten/Howard/Ashey for Telephone Status Hearing set at 11:00 am on Tuesday, 5/8/01. Same Held. Court has been provided with documents re: possible resolution. Continued Telephone Status hearing set at 11:15 am on Tuesday, 5/15/01 in 1:00−cv−01284 and 1:00−cv−01349 . Court to commence the call. Counsel to provide phone numbers to the Clerk's Office of where to be reached. (cc: all counsel) (RK, ilcd) (Entered: 05/08/2001)

May 8, 2001

MINUTE−ENTRY: by Mag. Judge John A. Gorman. Parties present by phone by Attys Voci/Ader/Whitten/Howard/Ashley for Telephone Status hearing held at 11:15 am on 5/15/01. Same held. Court setting motion to intervene in 1:00−cv−01284, 1:00−cv−01349 for hearing at 1:00 pm on 6/6/01 in person, in Peoria. Court setting motion to certify the class in this action, motion for appointment of class counsel, motion for preliminary approval of the proposed consent decree, motion to certify class action and designate Futterman &Howard class counsel for hearing at 10:00 am on 7/2/01, in person, in Peoria. BOTH HEARINGS WILL BE BEFORE CHIEF JUDGE MCDADE. (cc: all counsel) (RK, ilcd) Modified on 07/17/2001 (Entered: 05/15/2001)

May 15, 2001
29

MOTION by Johnson plaintiffs in 1:00−cv−01349 to strike the Racial Justice Now Motion to certify the Class in this action and appoint class counsel (HK, ilcd) (Entered: 05/16/2001)

May 16, 2001
30

MOTION by plaintiff Racial Justice Now in 1:00−cv−01284 for order to let stand their motion for class certification and appointment of class counsel (RK, ilcd) (Entered: 05/21/2001)

May 21, 2001
30

RESPONSE by plaintiff Racial Justice Now in 1:00−cv−01284 to motion to strike Plaintiffs' motion to certify class and appoint class counsel [25−1] in 1:00−cv−01284, motion to strike the Racial Justice Now Motion to certify the Class in this action and appoint class counsel [29−1] in 1:00−cv−01349 (RK, ilcd) (Entered: 05/21/2001)

May 21, 2001
31

MOTION by defendant Champaign Cmnty Sch in 1:00−cv−01284, defendant Board of Eduation in 1:00−cv−01349 for protective order and to quash subpoena (RK, ilcd) (Entered: 05/23/2001)

May 23, 2001
32

MEMORANDUM IN SUPPORT of motion for protective order and to quash subpoena [27−1] in 1:00−cv−01284, in 1:00−cv−01349, in 1:00−cv−01349 by defendant Champaign Cmnty Sch in 1:00−cv−01284, Board of Eduation in 1:00−cv−01349 (RK, ilcd) (Entered: 05/23/2001)

May 23, 2001

MOTION by Johnson plaintiffs 1:00−cv−01349 entitled Counsel Futterman &Howard's motion to quash the subpoena of Racial Justice Now, et al (HK, ilcd) (Entered: 05/24/2001)

May 23, 2001
33

MOTION by plaintiff Sa'Da Johnson in 1:00−cv−01349, plaintiff Tyjuan Johnson in 1:00−cv−01349 for protective order (RK, ilcd) (Entered: 06/04/2001)

June 1, 2001
34

NOTICE of Filing and Certificate of Service by plaintiff Sa'Da Johnson in 1:00−cv−01349, plaintiff Tyjuan Johnson in 1:00−cv−01349 (RK, ilcd) (Entered: 06/04/2001)

June 1, 2001
35

RESPONSE filed as Opposition by defendant Board of Eduation in 1:00−cv−01349 to RJN's motion to continue Hearing on Motion to Intervene [35−1] in 1:00−cv−01284 (RK, ilcd) (Entered: 06/05/2001)

June 4, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. Parties present via phone by Atty Voci for RJN plaintiffs, Attys Matlack and Ashley for Johnson plaintiffs and Attys Ader, Dillon and Whitten for Defendant for status hearing re: motion to continue. Court advises counsel than an Order has been entered quashing the subpoenas issued by RJN plaintiffs. Court is granting motion to continue hearing on motion to intervene. Hearing on motion to intervene [20−1] previously set 6/6/01 is VACATED. Hearing on motion to certify class action [6−1] previously set 7/2/01 is also VACATED. RJN plaintiffs have until 6/12/01 to respond to papers filed challenging intervention. Dfts have until 6/19/01 to respond. Court will then decide on the basis of the pleadings and further status conference will be set. Pending decision, no discovery is to take place. (cc: all counsel) (SH, ilcd) (Entered: 06/06/2001)

June 5, 2001
36

ORDER by Chief Judge Joe B. McDade denying motion to intervene [20−1]. See Order. (cc: all counsel) (SH, ilcd) (Entered: 08/17/2001)

Aug. 16, 2001

Remark: From period 12/18/00 through 8/22/01, case was consolidated with 00−1284. See 00−1284 for complete docket entries during that timeframe. (RK, ilcd) (Entered: 08/23/2001)

Aug. 22, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade Parties present in open court by Attys Ashley and Howard for plaintiffs and Attys Whitten and Dillon with Dr. Carol Stack (interim superintendent) for status hearing on 9/4/01 re: settlement agreement. Rule 23 Fairness Hearing set Wed., 10/24/01 at 9:30 AM (in person in Peoria). In camera settlement conference held. Parties again in open court. Revised Proposed Consent Decree to be filed by 10/5/01 (parties given leave to fax). Affidavits in support of Revised Consent Decree and any objections to be filed by 10/12/01 . Response to objections due by 11/22/01. Findings of Fact and Conclusions of Law due 10/24/01. (cc: all counsel) (SH, ilcd) (Entered: 09/05/2001)

Sept. 4, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade ; Telephone Status hearing set at 10:00 a.m. on Wednesday, 9/26/01 . Court to initiate the call. (cc: all counsel) (RK, ilcd) (Entered: 09/24/2001)

Sept. 24, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. Parties present by phone by Attys Howard/Ashley/Dillon/ Whitten/Mangold−Spoto for Telephone Status hearing held at 10:00 a.m. on 9/26/01. Same held. Parties request one week extension. ALLOWED. Telephone Status hearing set at 11:30 on 10/9/01. Court to initiate the call. Settlement Conference set at 1:30 p.m. on 10/10/01, in person, in Peoria. Rule 23 Fairness hearing set at 1:00 p.m. on 11/5/01 , in person in Peoria. Revised Proposed Consent Decree to be filed by 10/12/01 (parties given leave to fax) ; Affidavits in support of Revised Consent Decree and any objections to be filed by misc ddl 10/19/01 . Response to objections due by 11/1/01. Findings of Fact and Conclusions of Law due 11/5/01. (cc: counsel) (RK, ilcd) (Entered: 09/26/2001)

Sept. 26, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. The Court would like to clarify its Order of 8/22/01 granting class certification in case 00−1349. The class represented by the Johnson Plaintiffs and their counsel, Futterman and Howard is defined as "African−American children enrolled in the Champaign public schools." Furthermore, the Court vacates the 10/12/01 deadline for publishing the notice of the Rule 23(e) fairness hearing. The new deadline will be 10/15/01. In addition, the Court vacates the 10/19/01 deadline for filing objections to the settlement and affidavits in support. The new date will be 10/22/01. Accordingly, the new dates are as follows: Revised Proposed Consent Decree filed by 10/12/01 ; Notice of Rule 23(e) hearing published by 10/15/01; Objections to proposed consent decree and affidavits in support of proposed consent decree filed by 10/22/01 ; Findings of fact and conclusions of law filed by 11/5/01 ; Rule 23(e) fairness hearing on 11/5/01 at 1:00 pm in Peoria in person. (cc: all counsel) (SH, ilcd) (Entered: 10/05/2001)

Oct. 4, 2001
37

Remark − Notice of Proposed Consenet Decree Resolving Class Action Lawsuit (FAX DOCUMENT) received (SH, ilcd) (Entered: 10/05/2001)

Oct. 5, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. Parties present by phone by Attys Howard/Ashley/Whitten for Telephone Status hearing set at 11:30 a.m. on 10/9/01 . Same held. Status report given by Atty Whitten re: Board meeting held on 10/8/01. Discussion re: proposed consent decree held between parties and court. (cc: all counsel) (RK, ilcd) (Entered: 10/09/2001)

Oct. 9, 2001
38

LETTER dated 10/5/01 from Plaintiff's Attorney C. Ashley with Notice of Proposed Consent Decree Resolving Class Action Lawsuit attached. (RK, ilcd)

Oct. 9, 2001
39

Remark − Draft of Notice of Proposed Consent Decree received (FAX Document) (SH, ilcd) (Entered: 10/12/2001)

Oct. 12, 2001
40

Remark − Original of Notice of Proposed Consent Decree received and placed in file (SH, ilcd) (Entered: 10/16/2001)

Oct. 15, 2001
41

Joint MOTION for order for preliminary approval of the revised proposed consent decree (SH, ilcd) (Entered: 10/16/2001)

Oct. 16, 2001
42

NOTICE of Filing by defendant Board of Eduation re: #41 (SH, ilcd) (Entered: 10/16/2001)

Oct. 16, 2001
43

OBJECTIONS by objector John L Johnson to motion for order for preliminary approval of the revised proposed consent decree [41−1] (SH, ilcd) (Entered: 10/23/2001)

Oct. 22, 2001
44

AFFIDAVITs of Robert S. Peterkin, Michael J. Alves, James J. Lucey, and Michael W. Cain in support of their joint motion for order for preliminary approval of the revised proposed consent decree [41−1] (faxed copies). See attached letter from Atty Dillon. (RK, ilcd) (Entered: 10/30/2001)

Oct. 29, 2001
45

OBJECTIONS by Herb Stevens to motion for order for preliminary approval of the revised proposed consent decree [41−1] (SH, ilcd) (Entered: 10/30/2001)

Oct. 29, 2001
46

OBJECTIONS by John Lee Johnson to motion for order for preliminary approval of the revised proposed consent decree [41−1] (SH, ilcd) (Entered: 10/30/2001)

Oct. 30, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. Parties present in person by Attys Howard/Ashley for the Plaintiff and Atty Whitten for the Defendant with Carol Stack, Superintendant, Jeff Wampler, Board Member Elect, David Sholem, Board Member Elect, and Phil Van Ness, Board Member for the Settlement Conference held at 3:00 p.m. on 10/31/01. Same held. (cc: all counsel) (RK, ilcd) (Entered: 11/01/2001)

Oct. 31, 2001
47

AFFIDAVITs and Documents in support of revised proposed consent decree [41−1] submitted by Board of Education (SH, ilcd) (Entered: 11/02/2001)

Nov. 2, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. The date for filing the revised consent decree is 11/7/01. Parties will notify prior objectors by phone and will fax copies of the revised consent decree to those objectors by the morning of 11/7/01. The objectors will have until 5:00 PM, Friday, 11/9/01 to fax their objections to the revised consent decree. The Court grants objectors leave to fax their objections to the Court. Parties will have until 9:30 AM on Tues., 11/13/01 to respond to these objections in writing. (cc: all counsel/objectors) (SH, ilcd) (Entered: 11/05/2001)

Nov. 5, 2001
48

LETTER (FAX DOCUMENT) by Carol Ashley to Herb Stevens and John Lee Johnson regarding responses to Second Revised Consent Decree (SH, ilcd) (Entered: 11/06/2001)

Nov. 6, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. The Court gives leave to the parties to file their findings of law and findings and fact by 11/20/01 . (cc: all counsel) (RK, ilcd) (Entered: 11/08/2001)

Nov. 8, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. With regard to the Tuesday, November 13, 2001, Rule 23 (e) Fairness Hearing, parties who submitted written objections to the proposed Consent Decree will have 10 minutes before the Court to present their objections orally. In addition, any interested party will have 5 minutes before the Court to voice any concerns or support. (cc: all counsel) (RK, ilcd) (Entered: 11/09/2001)

Nov. 9, 2001

Remark − Second Revised Consent Decree received with cover letter advising that the exhibits are the same as those attached to the First Revised Consent Decree (SH, ilcd) (Entered: 11/13/2001)

Nov. 9, 2001
50

OBJECTIONS by objector Herb Stevens to Second Revised Consent Decree (SH, ilcd) (Entered: 11/13/2001)

Nov. 9, 2001
51

RESPONSE by Johnson plaintiffs to the Objections Filed to the Consent Decree [49−1] (SH, ilcd) (Entered: 11/13/2001)

Nov. 13, 2001
52

RESPONSE by defendant to Objections by Stevens [50−1] and Johnson [49−1] (SH, ilcd) (Entered: 11/13/2001)

Nov. 13, 2001
53

AFFIDAVIT of Michael J. Alves, Michael W. Cain, James J. Lucey, Robert S. Peterkin and Second Affidavit of Robert S. Peterkin regarding Consent Decree (CAD, ilcd) (Entered: 11/13/2001)

Nov. 13, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. Parties present in open court by Attys Howard and Ashley for Plaintiff and Attys Dillon, Whitten and Ader for Defendants and Fairness hearing on 11/13/01. Video presentation to the Court by counsel in support of the Consent Decree. Comments by objector Herb Stevens and from the public. Proposed findings of fact and conclusions of law due by 11/20/01 . Matter taken under advisement. Written Order to enter. (cc: all counsel) (SH, ilcd) (Entered: 11/14/2001)

Nov. 13, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. The Court grants parties time until misc ddl of 11/27/01 to file their joint findings of fact and law. (cc: all counsel) (WW, ilcd) (Entered: 11/20/2001)

Nov. 20, 2001
54

Remark − Draft Proposed Findings of Fact and Conclusions of Law by Defendant received (SH, ilcd) (Entered: 11/26/2001)

Nov. 21, 2001

PROPOSED FINDINGS OF FACT and Law submitted by objector John L Johnson (SH, ilcd) (Entered: 11/27/2001)

Nov. 26, 2001
55

MOTION by objector John L Johnson to extend time to file Findings of Fact and Law (SH, ilcd) (Entered: 11/27/2001)

Nov. 27, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade. The Court directs the Clerk's Office to strike the proposed draft [54−1]. (cc: all counsel) (SH, ilcd) (Entered: 11/28/2001)

Nov. 28, 2001
56

Draft Order for Approval of Proposed Consent Decree and Proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW by defendants (SH, ilcd) (Entered: 11/28/2001)

Nov. 28, 2001
57

Revised AFFIDAVITs in support of Revised Proposed Consent Decree (SH, ilcd) (Entered: 11/28/2001)

Nov. 28, 2001
58

Supplemental Documents (EXHIBITS) in support of revised proposed consent decree (SH, ilcd) (Entered: 11/28/2001)

Nov. 28, 2001

MINUTE−ENTRY: by Chief Judge Joe B. McDade denying motion to extend time [55−1] (cc: all counsel) (SH, ilcd) (Entered: 12/10/2001)

Dec. 10, 2001
59

TRANSCRIPT of Partial Report of Proceedings held 11/13/01 filed (SH, ilcd) (Entered: 12/20/2001)

Dec. 19, 2001
60

Joint RESPONSE to John Lee Johnson Findings of Fact and Law by Plaintiff and Defendant (FAX DOCUMENT) (SH, ilcd) Modified on 12/26/2001 (Entered:

Dec. 21, 2001
62

RESPONSE by objector John L Johnson [60−1] to Unit #4/Futterman and Howard Joint Response to John Lee Johnson Findings of Fact and Law (SH, ilcd) (Entered: 12/28/2001)

Dec. 28, 2001
63

MOTION for order filed as motion to object by pro se Paulette Colman (SH, ilcd) (Entered: 01/03/2002)

Jan. 3, 2002

State / Territory: Illinois

Case Type(s):

School Desegregation

Key Dates

Filing Date: Oct. 4, 2000

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American Students of Champaign Community Unit School District #4 Schools

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Champaign County School District (Champaign), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Amount Defendant Pays: 496,290.24

Order Duration: 2002 - 2010

Content of Injunction:

Student assignment

Hire

Discrimination Prohibition

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Reporting

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Disciplinary procedures

Disparate Treatment

Education

Racial segregation

School/University policies

Staff (number, training, qualifications, wages)

Transportation

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run