Case: Mann v. Ramaglia

1:15-cv-09197 | U.S. District Court for the Northern District of Illinois

Filed Date: Oct. 19, 2015

Closed Date: Jan. 22, 2019

Clearinghouse coding complete

Case Summary

On October 19, 2015, three African American men who had been unlawfully arrested and detained in Chicago filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiffs sued the City of Chicago and six individual police officers under 42 U.S.C. § 1983. Represented by the People’s Law Office, the plaintiffs asked the court for compensatory and punitive damages. The plaintiffs claimed that the City of Chicago and the individual police officers violated…

On October 19, 2015, three African American men who had been unlawfully arrested and detained in Chicago filed this lawsuit in the United States District Court for the Northern District of Illinois. The plaintiffs sued the City of Chicago and six individual police officers under 42 U.S.C. § 1983. Represented by the People’s Law Office, the plaintiffs asked the court for compensatory and punitive damages. The plaintiffs claimed that the City of Chicago and the individual police officers violated their Fourth and Fourteenth Amendment rights. Specifically, the plaintiffs claimed that the police officers falsely arrested them, illegally detained and coercively interrogated them in Homan Square, fabricated evidence, withheld exculpatory evidence, wrote false reports, and committed perjury during hearings and trials.

On January 11, 2016, the defendants filed a partial motion to dismiss for failure to state a claim. The defendants claimed that the plaintiffs' complaint was insufficiently specific as to several counts, particularly the fabrication of evidence and the withholding of exculpatory evidence.

On July 19, 2016, Judge Ronald A. Guzman granted in part and denied in part the defendants' partial motion to dismiss. The court dismissed the plaintiffs' Brady claim with prejudice, as well as one of the plaintiff's excessive force claims against one police officer. Additionally, the court dismissed the plaintiffs’ due process claim relating to the fabrication of evidence and their claim for civil conspiracy without prejudice. The court gave the plaintiffs 21 days to replead the two claims dismissed without prejudice.

On August 9, 2016, the plaintiffs filed an amended complaint.

Meanwhile, the case was consolidated with Perez v. Chicago, also in this Clearinghouse, for purposes of discovery. Following several months of discovery, defendants in this case filed a motion to bifurcate the plaintiffs' Monell claim from the other claims in the case and to stay discovery and trial on the other claims on January 31, 2017. On February 1, 2017, the Magistrate Judge Mary M. Rowland denied the motion with respect to bifurcating the Monell claims for discovery and denied without prejudice with respect to bifurcating the Monell claims for trial (holding that the decision about bifurcating for trial was for District Judge Guzman to make).

Following more than a year of discovery, the parties began settlement discussions in August of 2018. On September 24, 2018, the court held a settlement conference and the parties reached an agreement. The agreement was not filed before the court and so the contents of it are unknown. On November 8, 2018, the Court dismissed the case without prejudice, which automatically converted to dismissal with prejudice after 75 days. Each party was responsible for its own costs and attorneys' fees. This case is now closed.

Summary Authors

Kat Brausch (3/20/2016)

Eva Richardson (12/1/2018)

Related Cases

Perez v. City of Chicago, Northern District of Illinois (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6199670/parties/mann-v-city-of-chicago/


Judge(s)

Guzman, Ronald A. (Illinois)

Attorneys(s) for Plaintiff

Elson, Ben H. (Illinois)

Gelsomino, Sarah Jeanette (Illinois)

Ohri, Shubra (Illinois)

Taylor, Flint Jr (Illinois)

Attorneys(s) for Defendant

Cazares, Jorge V. (Illinois)

Cifonelli, Jonathan Booker (Illinois)

Coleman, Khara Aisha Ashanti (Illinois)

Jones, Walter Jr. (Illinois)

Steiner, Rachel C. (Illinois)

Judge(s)

Guzman, Ronald A. (Illinois)

Attorneys(s) for Plaintiff

Elson, Ben H. (Illinois)

Gelsomino, Sarah Jeanette (Illinois)

Ohri, Shubra (Illinois)

Taylor, Flint Jr (Illinois)

Attorneys(s) for Defendant

Cazares, Jorge V. (Illinois)

Cifonelli, Jonathan Booker (Illinois)

Coleman, Khara Aisha Ashanti (Illinois)

Jones, Walter Jr. (Illinois)

Steiner, Rachel C. (Illinois)

Documents in the Clearinghouse

Document

1:15-cv-09197

Docket [PACER]

Mann v. City of Chicago

Nov. 8, 2018

Nov. 8, 2018

Docket
1

1:15-cv-09197

Complaint

Oct. 19, 2015

Oct. 19, 2015

Complaint
49

1:15-cv-09197

Order

July 19, 2016

July 19, 2016

Order/Opinion
50

1:15-cv-09197

Amended Complaint

Aug. 9, 2016

Aug. 9, 2016

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6199670/mann-v-city-of-chicago/

Last updated May 20, 2022, 4:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by Deanda Wilson, Jessie Patrick, Atheris Mann; Jury Demand. Filing fee $ 400, receipt number 0752−11198681. (Attachments: # 1 Civil Cover Sheet)(Taylor, G.) (Entered: 10/19/2015)

Oct. 19, 2015

Oct. 19, 2015

82

MEMORANDUM Opinion and Order Signed by the Honorable Mary M. Rowland on 9/8/2017. Mailed notice. (dm, )

Sept. 8, 2017

Sept. 8, 2017

RECAP
97

Withdraw as Attorney

Aug. 29, 2018

Aug. 29, 2018

PACER

CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Geraldine Soat Brown. (daj, ) (Entered: 10/19/2015)

Oct. 19, 2015

Oct. 19, 2015

99

Order on Motion to Withdraw as Attorney

Aug. 30, 2018

Aug. 30, 2018

PACER
2

ATTORNEY Appearance for Plaintiffs Atheris Mann, Jessie Patrick, Deanda Wilson by G. Flint Taylor, Jr (Taylor, G.) (Entered: 10/19/2015)

Oct. 19, 2015

Oct. 19, 2015

3

ATTORNEY Appearance for Plaintiffs Atheris Mann, Jessie Patrick, Deanda Wilson by Shubra Ohri (Ohri, Shubra) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

4

MINUTE entry before the Honorable Ronald A. Guzman: The Court orders the parties to appear for an initial status hearing. All parties shall refer to and comply with Judge Guzman's requirements for the initial appearance as outlined in Judge Guzman's case management procedures, which can be found at: www.ilnd.uscourts.gov. Status hearing set for 12/21/2015 at 09:30 AM. Mailed notice (cjg, ) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

SUMMONS Issued as to Defendants City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia (pg, ) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

5

ATTORNEY Appearance for Plaintiffs Atheris Mann, Jessie Patrick, Deanda Wilson by Shubra Ohri Corrected appearance regarding docket number 3 (Ohri, Shubra) (Entered: 10/20/2015)

Oct. 20, 2015

Oct. 20, 2015

6

SUMMONS Returned Executed by Deanda Wilson, Jessie Patrick, Atheris Mann as to City of Chicago on 10/21/2015, answer due 11/12/2015. (Taylor, G.) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

7

SUMMONS Returned Executed by Deanda Wilson, Jessie Patrick, Atheris Mann as to Kevin Connolly on 10/21/2015, answer due 11/12/2015. (Taylor, G.) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

8

SUMMONS Returned Executed by Deanda Wilson, Jessie Patrick, Atheris Mann as to Brian Kane on 10/21/2015, answer due 11/12/2015. (Taylor, G.) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

9

SUMMONS Returned Executed by Deanda Wilson, Jessie Patrick, Atheris Mann as to Kathleen McCann on 10/21/2015, answer due 11/12/2015. (Taylor, G.) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

10

SUMMONS Returned Executed by Deanda Wilson, Jessie Patrick, Atheris Mann as to Alejandro Miranda on 10/21/2015, answer due 11/12/2015. (Taylor, G.) (Entered:

Oct. 21, 2015

Oct. 21, 2015

12

ATTORNEY Appearance for Defendants City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia by Walter Jones, Jr (Jones, Walter) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

13

ATTORNEY Appearance for Defendants City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia by Jorge V. Cazares (Cazares, Jorge) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

14

ATTORNEY Appearance for Defendants City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia by Jonathan Booker Cifonelli (Cifonelli, Jonathan) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

15

ATTORNEY Appearance for Defendants City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia by Rachel C. Steiner (Steiner, Rachel) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

16

MOTION by Defendants City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia for extension of time to Answer or Otherwise Respond to the Complaint (Unopposed) (Cifonelli, Jonathan) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

17

NOTICE of Motion by Jonathan Booker Cifonelli for presentment of extension of time 16 before Honorable Ronald A. Guzman on 11/17/2015 at 09:30 AM. (Cifonelli, Jonathan) (Entered: 11/12/2015)

Nov. 12, 2015

Nov. 12, 2015

18

MINUTE entry before the Honorable Ronald A. Guzman: Unopposed motion by Defendants City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia for extension of time to Answer or Otherwise Respond to the Complaint 16 is granted to and including 1/11/2016 for all defendants. Status hearing set for 12/21/2015 is stricken and reset to 1/22/2016 at 09:30 AM. Mailed notice (cjg, ) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

19

MOTION by Defendants Kathleen McCann, Kevin Connolly, Alejandro Miranda, Frank Ramaglia, City of Chicago, Brian Kane to dismiss Complaint Pursuant to Rule 12(b)(6) (Jones, Walter) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

20

NOTICE of Motion by Walter Jones, Jr for presentment of motion to dismiss 19 before Honorable Ronald A. Guzman on 1/14/2016 at 09:30 AM. (Jones, Walter) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

21

ANSWER to Complaint with Jury Demand by City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia(Jones, Walter) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

22

MINUTE entry before the Honorable Ronald A. Guzman: Set deadlines as to motion by Defendants Kathleen McCann, Kevin Connolly, Alejandro Miranda, Frank Ramaglia, City of Chicago, Brian Kane to dismiss Complaint Pursuant to Rule 12(b)(6) 19 : Response due by 2/2/2016. Reply due by 2/17/2016. Ruling by mail. Motion hearing set for 1/14/2016 is stricken and no parties shall appear. Status hearing set for 1/22/2016 to stand. Mailed notice (cjg, ) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

23

MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 1/22/2016 is reset to 2/2/2016 at 09:30 AM. on Court's own motion. Mailed notice (cjg, ) (Entered: 01/20/2016)

Jan. 20, 2016

Jan. 20, 2016

24

STATUS Report by Atheris Mann, Jessie Patrick, Deanda Wilson (Ohri, Shubra) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

25

MOTION by Plaintiffs Atheris Mann, Jessie Patrick, Deanda Wilson for extension of time to file response/reply (Ohri, Shubra) (Entered: 01/27/2016)

Jan. 27, 2016

Jan. 27, 2016

26

NOTICE of Motion by Shubra Ohri for presentment of motion for extension of time to file response/reply 25 before Honorable Ronald A. Guzman on 2/2/2016 at 09:30 AM.

Jan. 27, 2016

Jan. 27, 2016

28

MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 2/2/2016 and continued to 2/16/2016 at 09:30 AM. Mailed notice (cjg, ) (Entered: 02/16/2016)

Feb. 2, 2016

Feb. 2, 2016

29

MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 2/16/2016 at 9:30 AM is reset to 02:30 PM. on Court's own motion. Mailed notice (cjg, ) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

30

MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 2/16/2016. Rule 26(a)(1) disclosures by 3/8/2016. Status hearing set for 3/17/2016 at 09:30 AM. Mailed notice (cjg, ) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

31

MINUTE entry before the Honorable Ronald A. Guzman: Briefing schedule on motion by Defendants Kathleen McCann, Kevin Connolly, Alejandro Miranda, Frank Ramaglia, City of Chicago, Brian Kane to dismiss Complaint Pursuant to Rule 12(b)(6) 19 is stayed pending further order of Court. Mailed notice (cjg, ) (Entered: 02/16/2016)

Feb. 16, 2016

Feb. 16, 2016

32

ATTORNEY Appearance for Plaintiffs Atheris Mann, Jessie Patrick, Deanda Wilson by Sarah Jeanette Gelsomino (Gelsomino, Sarah) (Entered: 03/01/2016)

March 1, 2016

March 1, 2016

33

MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 3/17/2016 is reset to 3/24/2016 at 09:30 AM. Mailed notice (cjg, ) (Entered: 03/15/2016)

March 15, 2016

March 15, 2016

34

MINUTE entry before the Honorable Ronald A. Guzman: Status hearing held on 3/24/2016. Set deadlines as to motion by Defendants Kathleen McCann, Kevin Connolly, Alejandro Miranda, Frank Ramaglia, City of Chicago, Brian Kane to dismiss Complaint Pursuant to Rule 12(b)(6) 19 : Response due by 4/14/2016. Reply due by 4/28/2016. Ruling by mail. Mailed notice (cjg, ) (Entered: 03/24/2016)

March 24, 2016

March 24, 2016

35

MINUTE entry before the Honorable Ronald A. Guzman: Discovery supervision including all discovery motions and protective orders is being referred to Magistrate Judge Rowland by Executive Committee Order. Mailed notice (cjg, ) (Entered: 03/28/2016)

March 24, 2016

March 24, 2016

36

EXECUTIVE COMMITTEE ORDER: It appearing that, for reasons of judicial efficiency, coordinated pretrial proceedings in the cases listed below should be presided over by a single district judge as provided for by IOP 13(e) and that a single magistrate judge should be designated for these cases; and It further appearing that the Hon. Robert M. Dow Jr., has agreed to preside over these proceedings; and It further appearing that Magistrate Judge Mary M. Rowland has agreed to be the designated magistrate judge in these proceedings; therefore It is hereby ordered that Judge Dow shall preside over pretrial proceedings, in the cases listed below; and It is hereby ordered that the cases listed below be referred to Magistrate Judge Rowland for discovery supervision and settlement proceedings when requested. It is further ordered that these cases shall remain pending on the calendars of the judges to whom they are currently assigned, and that an order be entered in each case by Judge Dow at such time as coordinated pretrial proceedings have concluded. Signed by Executive Committee on 3/28/2016.(mr, ) (Entered: 03/28/2016)

March 28, 2016

March 28, 2016

37

RESPONSE by Atheris Mann, Jessie Patrick, Deanda Wilson to MOTION by Defendants Kathleen McCann, Kevin Connolly, Alejandro Miranda, Frank Ramaglia, City of Chicago, Brian Kane to dismiss Complaint Pursuant to Rule 12(b)(6) 19 (Ohri, Shubra) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

38

MINUTE entry before the Honorable Mary M. Rowland: This case has been consolidated with Perez v. Chicago, 13−4531, for purposes of discovery. Fact discovery to close on 11/21/16. Status set 6/14/16 at 9:00 AM. Mailed notice. (dm, ) (Entered: 04/18/2016)

April 15, 2016

April 15, 2016

40

NOTICE of Motion by Rachel C. Steiner for presentment of motion for extension of time to file response/reply, motion for relief 39 before Honorable Robert M. Dow Jr. on 5/4/2016 at 09:15 AM. (Steiner, Rachel) (Entered: 04/26/2016)

April 26, 2016

April 26, 2016

41

MINUTE entry before the Honorable Robert M. Dow, Jr: Defendants City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia's unopposed motion for extension of time until 5/12/2016 to file reply in support of partial motion to dismiss 39 is granted. Notice of motion date of 5/4/2016 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 05/03/2016)

May 3, 2016

May 3, 2016

42

REPLY by Defendants City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia to motion to dismiss 19 (Jones, Walter) (Entered: 05/12/2016)

May 12, 2016

May 12, 2016

43

MOTION by Attorney Rachel C. Steiner to withdraw as attorney for City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia. No party information provided (Steiner, Rachel) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

44

NOTICE of Motion by Rachel C. Steiner for presentment of motion to withdraw as attorney 43 before Honorable Robert M. Dow Jr. on 6/2/2016 at 09:15 AM. (Steiner, Rachel) (Entered: 05/31/2016)

May 31, 2016

May 31, 2016

45

MINUTE entry before the Honorable Robert M. Dow, Jr: Rachel C. Steiner's motion for leave to withdraw her appearance on behalf of Defendants City of Chicago, Sergeant Matthew Cline, Detective Jorge L. Lopez, Officer Edmund Zablocki, Officer Joseph Wagner, Officer Herbert Betancourt, and Officer John Dolan (collectively, "Defendants") is granted. The notice of motion date of 6/2/2016. Mailed notice (cdh, ) (Entered: 06/01/2016)

June 1, 2016

June 1, 2016

46

ORDER: Rachel C. Steiner's motion for leave to withdraw her appearance on behalf of Defendants Sergeant Frank Ramaglia, Sergeant Brian Kane, Officer Kathleen McCann, Officer Kevin Connolly, and Officer Alejandro Miranda (collectively, Defendants) 43 is granted. The notice of motion date of 6/2/2016 is stricken and no appearances are necessary on that date. Signed by the Honorable Robert M. Dow, Jr on 6/1/2016. Mailed notice. (jl) (Entered: 06/03/2016)

June 1, 2016

June 1, 2016

47

ATTORNEY Appearance for Defendants City of Chicago, Kevin Connolly, John Doe, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia by Khara Coleman (Coleman, Khara) (Entered: 06/08/2016)

June 8, 2016

June 8, 2016

48

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. This case is consolidated with Perez v. Chicago, 13−4531, for purposes of pretrial discovery. The plaintiffs in this matter agree to be bound by the Protective Orders entered in Perez (Dkt. 18 & 19 ) until further order of the Court. The parties are directed to confer with the plaintiffs in Perez about the orderly production of documents for both cases. The court strongly prefers one set of documents related to liability be produced for both cases. Status hearing set for 09/13/16 at 9:00 a.m. To get this case on track with Perez, fact discovery is set to close on 10/17/16. The court will revisit this date at the September status. Status hearing set for 09/13/16 at 9:00 a.m. Mailed notice. (dm, ) (Entered: 06/14/2016)

June 14, 2016

June 14, 2016

49

ORDER Signed by the Honorable Ronald A. Guzman on 7/19/2016: Defendants' partial motion to dismiss 19 is granted in part and denied in part. Plaintiffs' Brady claim is dismissed with prejudice. Wilson's excessive force claim against Defendant Kane is dismissed, and the motion to dismiss Patrick's excessive force claim against Kane is denied as moot. Plaintiffs are given 21 days from the date of entry of this order to replead the due process claim relating to the fabrication of evidence and their claim for civil conspiracy, which are dismissed without prejudice. [For further details see order.] Mailed notice(is, ) (Entered: 07/19/2016)

July 19, 2016

July 19, 2016

50

AMENDED complaint by Deanda Wilson, Jessie Patrick, Atheris Mann against All Defendants (Ohri, Shubra) (Entered: 08/09/2016)

Aug. 9, 2016

Aug. 9, 2016

52

NOTICE by City of Chicago, Kevin Connolly, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia re answer to amended complaint 51 (Jones, Walter) (Entered: 08/23/2016)

Aug. 23, 2016

Aug. 23, 2016

53

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Parties report discovery is ongoing. Written discovery shall be completed by 01/10/17. Status hearing set for 11/09/16 at 9:00 a.m. to set remaining discovery schedule. Mailed notice. (dm, ) (Entered: 09/13/2016)

Sept. 13, 2016

Sept. 13, 2016

54

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Defendants shall (1) respond to Mann document requests by 11/11/16; (2) respond to Perez document requests by 11/18/16; (3) send a letter to Perez counsel describing all the officers' conduct involved in any of the interrogations of any of the Perez plaintiffs by 11/14/16; and (4) produce to both sets of plaintiffs' counsel all OPS and IPRA documents for each individual Defendant in both cases by 11/30/16. Plaintiffs Angel Perez and Juanita Berry shall respond to interrogatories by 11/30/16, Plaintiff Calvin Coffey shall respond to interrogatories by 12/15/16. Status hearing set for 12/14/16 at 9:00 a.m. to report on discovery. Mailed notice. (dm, ) (Entered: 11/09/2016)

Nov. 9, 2016

Nov. 9, 2016

55

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Counsel report on discovery. The 1/10/17 cutoff date for written discovery is stricken. Defendants shall respond to interrogatories by 12/23/16. Status hearing set for 02/01/17 at 9:30 a.m. Mailed notice. (dm, ) (Entered: 12/14/2016)

Dec. 14, 2016

Dec. 14, 2016

56

ATTORNEY Appearance for Plaintiffs Atheris Mann, Jessie Patrick, Deanda Wilson by Benjamin H. Elson (Elson, Benjamin) (Entered: 12/18/2016)

Dec. 18, 2016

Dec. 18, 2016

57

TRANSCRIPT OF PROCEEDINGS held on November 9, 2016, before the Honorable Mary M. Rowland. Court Reporter Contact Information: Laura LaCien, 312−408−5032, laura_lacien@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 1/10/2017. Redacted Transcript Deadline set for 1/20/2017. Release of Transcript Restriction set for 3/20/2017. (Lacien, Laura) (Entered: 12/20/2016)

Dec. 20, 2016

Dec. 20, 2016

58

MOTION by Defendant City of Chicago to bifurcate Plaintiffs' Monell Claim and to Stay Discovery & Trial on those Claims (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Cifonelli, Jonathan) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

59

NOTICE of Motion by Jonathan Booker Cifonelli for presentment of motion to bifurcate, 58 before Honorable Mary M. Rowland on 2/8/2017 at 09:45 AM. (Cifonelli, Jonathan) (Entered: 01/31/2017)

Jan. 31, 2017

Jan. 31, 2017

60

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Counsel report on discovery. Status hearing set for 3/9/17 at 9:30 a.m. Motion hearing held. Defendant City of Chicagos Motion to Bifurcate Plaintiffs' Monell Claim and to Stay Discovery and Trial on those Claims 58 is denied with respect to bifurcating discovery and denied without prejudice as to bifurcating for trial. It would be inappropriate for this court to consider whether to bifurcate the Monell claims for trial. That decision is best left to the district court judge. As to discovery, the court is aware of the several cases, thoughtfully described by defendants, bifurcating Monell discovery in this district in order to focus on the alleged constitutional violations suffered by the individual plaintiffs and any damages arising therefrom. That narrower focus of course also contributes to judicial efficiency, always a concern. (Mot. at 4−7). This case is different than the cited cases for two significant reasons, one procedural and one substantive; either reason is dispositive. As a procedural matter, this case is coordinated for discovery purposes with Perez v. City, 13 C 4531. (Dkt. 36) (citing IOP 13(e)). The City will not be moving to bifurcate discovery in Perez because of the class allegations pending in Perez. The Mann and Perez plaintiffs are working jointly to conduct Monell discovery in order to streamline discovery. So the City does not save itself any burden by a bifurcation here and no judicial efficiencies are gained. As to the merits, this is not a run−of−the−mill Monell claim based on excessive force or wrongful arrest. The allegation here is that the City sanctioned the use of a facility, not a police station, to detain suspects without charges and without access to counsel or families, used coercive tactics during interrogations, and sanctioned a code of silence. (Dkt. 50, Amended Complaint, Count V). The fact that the facility was not a police station, and was unknown to the public, potential counsel and families of those detained, raises a number of discovery questions as to the policies that governed that facility, what level of command authorized and knew about the facility, and the command structure of the facility. While these are currently contained in the Monell count, questions about the authority of the individual officers to detain the individual plaintiffs at Homan Square would be fair discovery even absent the Monell claim. As stated in Court, Plaintiffs' oral Monell discovery will be limited to the City's policies, practices and procedures as they relate to the Homan Square facility. Finally, Plaintiffs shall promptly respond to the City's interrogatory requesting the factual basis for their Monell claim. No appearance necessary on 2/8/17. Mailed notice. (dm, ) (Entered: 02/02/2017)

Feb. 1, 2017

Feb. 1, 2017

61

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held on 3/9/17. By Friday 3/17/17: (1) parties are to reach an agreement on the search terms and custodians the City will use to conduct its ESI search; (2) Mann Plaintiffs' counsel shall respond to Defendants' Rule 37 letter; and (3) Defendants shall produce a list of the units working out of Homan Square from 2003−2015. By 3/22/17, Plaintiffs' counsel shall notify Defendants what units they need a list of commanders from. By 4/12/17, Defendants shall produce a list identifying commanders of the units that Plaintiffs' class counsel selected from 2006−2015. Class Counsel in the Perez case shall respond to revised interrogatory requests by 4/7/17. Defendants' previously redacted documents shall be produced to Plaintiffs' class counsel unredacted pursuant to the protective order entered in the Perez case 18 and 19 for "attorney's eyes only". The parties in Mann have agreed that the protective orders entered in Perez are binding in Mann. Status hearing set for 4/20/17 at 9:30 a.m. Individual counsel for Mr. Perez must be present at the next status hearing. Mailed notice. (dm, ) (Entered: 03/13/2017)

March 9, 2017

March 9, 2017

AGREED ORAL MOTION by Parties to reset status hearing. (dm, ) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

62

MINUTE entry before the Honorable Mary M. Rowland: Parties' agreed oral motion to reset status hearing is granted. Status hearing previously set for 4/20/17 is stricken and reset to 5/4/17 at 9:30 a.m. Individual counsel for Mr. Perez must be present at the next status hearing. Mailed notice. (dm, ) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

63

MOTION by Defendants City of Chicago, Kevin Connolly, John Doe, Brian Kane, Kathleen McCann, Alejandro Miranda, Frank Ramaglia to amend/correct magistrate judge status hearing,,,,, set/reset hearings,,,, 61 Protective Order (Jones, Walter) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

64

NOTICE of Motion by Walter Jones, Jr for presentment of motion to amend/correct,, motion for relief,,, 63 before Honorable Mary M. Rowland on 5/9/2017 at 09:45 AM. (Jones, Walter) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

65

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held and continued to 6/7/17 at 9:30 a.m. Defendants' motion to amend protective order 63 is granted in part and denied in part. The Homan Square sign in lists are to be produced from 2008 − 2015. This is 5 years prior to the plaintiffs having been taken to Homan Square. The City is permitted to redact the names of any Confidential Informants who were signed−in to Homan Square and all the police officers' cellular telephone numbers. All other information contained on the sign−in sheets shall be produced. The sign−in lists are to be produced pursuant to the Protective Order entered in the Perez case. The spread sheets created by the City for purposes of separate FOIA litigation shall be produced from 2005 − 2015. These documents will not contain any redactions. The entirety of these documents are being produced FOR ATTORNEYS' EYES ONLY. It is imperative that officers' names contained in these spreadsheets be protected from disclosure. The Court has every confidence in plaintiffs' attorneys, as officers of the court, willingness to abide by this limitation. This document product shall be complete by 6/2/17. The parties report being close to an agreement on search terms and custodians and close to identifying commanders for purposes of setting depositions. The City is to begin the email searches and to provide the final list of snap shots of leadership by 5/26/17. At the next status the Court intends to set a close of oral fact discovery. Mailed notice. (dm, ) (Entered: 05/05/2017)

May 4, 2017

May 4, 2017

66

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Parties are continuing to try to resolve disputes regarding search terms and custodians. Status hearing set for 6/22/17 at 9:30 a.m. Mailed notice. (dm, ) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

67

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held and continued to 7/27/17 at 9:30 AM. Parties have reached an agreement on all search terms except one (Homan Square). The City is to submit a proposed order to(Proposed_Order_Rowland@ilnd.uscourts.gov) by 6/27/17 indicating wither it wants to include that term in its search terms or whether it wants to verify, by affidavit, the burden of searching that term by 7/27/17. The parties largely agreed on the custodians to be searched but are at odds over non−police force City officials. Plaintiff's motion on this matter is due 6/30/17. Defendants' response is due 7/14/17. Reply is due 7/21/17. Finally, the parties' joint request that the Court conduct an in camera review is granted. By 7/6/17, the City shall provide to the Court the 24 hour "log−in book" with the redacted names highlighted. The Court is tasked with verifying that the highlighted names are identified in the "log−in book" as witnesses or confidential informants, therefore justifying the redactions. If the Court has follow−up questions for the City, the Court will alert the parties at the next status, prior to engaging in any ex parte discussion with defense counsel about the matter. Mailed notice. (dm, ) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

68

MOTION by Plaintiffs Atheris Mann, Jessie Patrick, Deanda Wilson to compel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Elson, Benjamin) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

VERBAL MOTION by Defendant City of Chicago to enter order regarding searching the term "Homan Square". (dm, ) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

69

MINUTE entry before the Honorable Mary M. Rowland: Defendant's verbal motion is granted. By July 27, 2017, Defendant City of Chicago will verify by affidavit the burden of searching the standalone term "Homan Square" for all Chicago Police Department email custodians from November 2008 to the present. Mailed notice. (dm, ) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

70

MOTION by Defendant City of Chicago for extension of time to submit un−redacted 24−hour sign−in book for court inspection (Cifonelli, Jonathan) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

71

NOTICE of Motion by Jonathan Booker Cifonelli for presentment of extension of time 70 before Honorable Mary M. Rowland on 7/13/2017 at 09:45 AM. (Cifonelli, Jonathan) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

72

MINUTE entry before the Honorable Mary M. Rowland: Defendant City of Chicago's unopposed Motion for extension of time to submit un−redacted 24−hour sign−in book for court inspection 70 is granted. By 7/17/17, Defendant shall provide the Court with the 24−hour "log−in book." No appearance necessary on 7/13/2017. Mailed notice. (dm, ) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

73

TRANSCRIPT OF PROCEEDINGS held on 03−09−2017 before the Honorable Susan E. Cox. Court Reporter Contact Information: Pamela S. Warren https://www.ilnd.uscourts.gov/home/Transcript−Order−Form.aspx.<P>IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings.</P> Redaction Request due 7/31/2017. Redacted Transcript Deadline set for 8/8/2017. Release of Transcript Restriction set for 10/6/2017. (Warren, Pamela) (Entered: 07/08/2017)

July 8, 2017

July 8, 2017

75

REPLY by Atheris Mann, Jessie Patrick, Deanda Wilson to response to motion 74 Plaintiffs' Reply in Support of Their Motion to Compel Defendant City of Chicago to Include Certain Custodians From the Mayor's Office in Their Email Search (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Elson, Benjamin) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

76

MINUTE entry before the Honorable Mary M. Rowland: On the Court's own motion, status hearing previously set for 7/27/17 at 9:30 a.m. is stricken and reset for 8/3/17 at 10:00 a.m. Mailed notice. (dm, ) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

77

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. The Court reviewed the unredacted 24−hour "log−in book" that Defendant City of Chicago provided to the Court for in camera inspection. By 8/18/17, Defendant shall produce those documents to Plaintiffs as follows: (1) juvenile names shall be unredacted (with the exception of juveniles who are confidential informants), (2) names of confidential informants may remain redacted including "Jane Doe" or "John Doe", and (3) any identifiers, symbols or numbers indicating confidential informant status shall be unredacted. As the parties already know, if any document containing a juvenile name is filed in the litigation, that name must be redacted. At this time, Defendant is not required to search the standalone term "Homan Square" for all Chicago Police Department email custodians from November 2008 to the present, in light of all of the other searches being done by the City and based on defense counsel's representations at the hearing about the burden. By 8/18/17, the parties shall issue initial deposition notices. At the next status hearing, the Court will set firm deadlines for the completion of written and oral fact discovery. Status hearing set for 9/14/17 at 9:30 am. Mailed notice. (dm, ) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

78

MOTION by Defendant City of Chicago for leave to file Sur−Reply Instanter to Plaintiffs' Motion to Compel the City to Include Certain Custodians from the Mayor's Office in Their Email Search (Attachments: # 1 Exhibit A)(Cifonelli, Jonathan) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

79

NOTICE of Motion by Jonathan Booker Cifonelli for presentment of motion for leave to file, 78 before Honorable Mary M. Rowland on 8/22/2017 at 09:45 AM. (Cifonelli, Jonathan) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

80

MINUTE entry before the Honorable Mary M. Rowland: Defendant City of Chicago's motion for leave to file Sur−Reply Instanter to Plaintiffs' Motion to Compel 78 is granted. No appearance necessary on 8/22/17. Mailed notice. (dm, ) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

81

MINUTE entry before the Honorable Mary M. Rowland: For the reasons discussed in the Memorandum Opinion and Order, Plaintiffs' Motion to Compel Defendant City of Chicago to Include Certain Custodians in Their Email Search 68 is GRANTED IN PART and DENIED IN PART. Enter Memorandum Opinion and Order. Mailed notice. (dm, ) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

83

MINUTE entry before the Honorable Mary M. Rowland: Status hearing previously set for 9/14/17 is stricken and reset for 9/22/17 at 9:15 a.m. At the next status hearing, the Court will set firm deadlines for the completion of written and oral fact discovery. Mailed notice. (dm, ) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

UNOPPOSED ORAL MOTION by Plaintiffs to reset status hearing. (dm, ) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

84

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' unopposed oral motion to reset status hearing is granted. Status hearing previously set for 9/22/17 is stricken and reset for 9/29/17 at 10:00 a.m. in courtroom 1743. At the next status hearing, the Court will set firm deadlines for the completion of written and oral fact discovery. Mailed notice. (dm, ) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

86

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. The parties report on the status of discovery including the collection of emails from the Chicago Police Department and the Mayor's Office. Individual defendants are to be deposed by 12/15/17. Status hearing set for 12/7/17 at 9:00 am. At the next status, parties should be prepared to report on the production of emails to Plaintiffs and the amount of time needed to complete plaintiffs' and Monell related depositions. Mailed notice. (dm, ) (Entered: 10/02/2017)

Oct. 2, 2017

Oct. 2, 2017

87

MINUTE entry before the Honorable Ronald A. Guzman: The Clerk of Court has notified the Court that Sarah Gelsomino has not renewed her membership in the Court's Trial Bar as required under Local Rule 83.11(i). Sarah Gelsomino is given 14 days from the date of this order to renew her membership or be subject to removal as lead counsel from this matter. Mailed notice (is, ) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

88

MINUTE entry before the Honorable Mary M. Rowland: Status hearing set for 12/7/17 is stricken and reset for 12/13/17 at 9:00 a.m. At the next status, parties should be prepared to report on the production of emails to Plaintiffs and the amount of time needed to complete plaintiffs' and Monell related depositions. Mailed notice. (dm, ) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

89

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Mr. Taylor appeared telephonically. Parties reported on the production of emails to Plaintiffs and the amount of time needed to take depositions. Parties are to confer regarding search terms by 12/20/17. Defendants shall produce email samples to Plaintiffs by 12/29/17. Defendants shall produce Mayor's Office emails by 1/26/18. Status hearing set for 1/16/18 at 9:30 a.m. At the status, the Court will revisit the date by which all of the defendants shall be deposed. Mailed notice. (dm, ) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

UNOPPOSED ORAL MOTION by Plaintiffs to reset status hearing. (dm, ) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

90

MINUTE entry before the Honorable Mary M. Rowland: Plaintiffs' unopposed oral motion to reset status hearing is granted. Status hearing previously set for 1/16/18 is stricken and reset for 1/26/18 at 9:00 a.m. Mailed notice. (dm, ) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

91

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Parties report on production of electronic discovery. Electronic discovery from the Mayor's office is to be produced by February 7, 2018. Electronic discovery from the CPD was to cover the period November 2008−2017. That time period will be shortened to January 2010 − 2017. However, no defendant is permitted to make any argument or inference in briefing or at trial that the City or any individual defendant did not engage in a pattern or practice of conduct as alleged by plaintiffs because plaintiffs do not have evidence of such conduct that predates January 2010. The parties are ordered to commit to such a stipulation in writing by 2/9/18. Production of the CPD electronic discovery shall be done on a rolling basis and shall be concluded by 3/9/18. Party depositions are ongoing and shall be essentially complete by 2/28/18. Status set for 3/15/18 at 9:30 AM. Mailed notice (lp, ) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

92

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Parties reported on the status of discovery including the collection of emails from the Chicago Police Department and the Mayor's Office. Non−Monell depositions and email production shall be completed by 4/20/18. Status hearing set for 5/2/18 at 9:30 a.m. Parties should be prepared to close of fact discovery, including Monell discovery. Mailed notice. (dm, ) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

93

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Defense counsel reported significant progress has been made with respect to the Chicago Police Department emails. Defendants shall provide a list of search terms for the emails already produced to Plaintiffs by 5/4/18. Production of the CPD emails shall be completed with exception of the 2,700 spreadsheets by 5/11/18. Email production has been completed with respect to the Mayor's Office emails, with the exception of 15 or 16 emails that will be produced by the end of this week. Close of fact discovery, which includes all party and non−party depositions, is set for 6/15/18. Close of Monell discovery is set for 11/9/18. Status hearing set for 7/17/18 at 9:30 a.m. Mailed notice. (dm, ) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

94

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. Plaintiffs have submitted a settlement demand to defendants. Defense counsel needs additional time to talk to his client. Status hearing set for 8/14/18 at 9:30 a.m. Defendants shall be prepared to report if a settlement conference would be fruitful. Mailed notice. (dm, ) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

95

MINUTE entry before the Honorable Mary M. Rowland: On the Court's own motion, status hearing set for 8/14/18 is stricken and reset for 8/28/18 at 9:30 a.m. Defendants shall be prepared to report if a settlement conference would be fruitful. Mailed notice. (dm, ) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

96

MINUTE entry before the Honorable Mary M. Rowland: Status hearing held. The parties believe a settlement conference would be productive. Settlement Conference set for 9/24/18 at 1:30 p.m. Parties are to exchange position letters prior to the settlement conference. Plaintiffs have provided Defendants with a demand letter. Defendants shall respond to Plaintiffs' demand by 9/17/18. Plaintiffs shall submit copies of all letters exchanged by the parties to Settlement_Rowland@ilnd.uscourts.gov by 9/18/18. If any party's position letter consists of more than 10 pages (including exhibits), the party is responsible for submitting a courtesy copy to Judge Rowland's chambers (Room 1334) on or before 9/19/18. Parties should also review and comply with Judge Rowland's standing order regarding settlement conferences which can be found on the Court's website at www.ilnd.uscourts.gov. By close of business today 8/28/18, defense counsel shall chambers at 312−435−5857 to confirm this date. Mailed notice. (dm, ) (Entered: 08/29/2018)

Aug. 28, 2018

Aug. 28, 2018

98

NOTICE of Motion by Khara Coleman for presentment of motion to withdraw as attorney 97 before Honorable Ronald A. Guzman on 9/13/2018 at 09:30 AM. (Coleman, Khara) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

100

MINUTE entry before the Honorable Mary M. Rowland: Settlement Conference held. Settlement reached. Parties should file their dismissal papers with the district court judge. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned judge. Honorable Judge Mary M. Rowland no longer referred to the case. Mailed notice. (dm, ) (Entered: 09/25/2018)

Sept. 24, 2018

Sept. 24, 2018

Case Details

State / Territory: Illinois

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 19, 2015

Closing Date: Jan. 22, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three African-American residents of Chicago unlawfully detained in a detention center.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City of Chicago, City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Unreasonable search and seizure

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Excessive force

False arrest

Over/Unlawful Detention

Torture

Race:

Black