Case: Prison Legal News v. Cook County

1:16-cv-06862 | U.S. District Court for the Northern District of Illinois

Filed Date: June 30, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 30, 2016, Prison Legal News (PLN) filed a lawsuit in the U.S. District Court for the Northern District Court of Illinois against Cook County Jail under section §1983, alleging violations of the First and Fourteenth Amendment's Due Process and Equal Protection clause of the U.S. Constitution. The plaintiffs alleged that the defendants prohibited delivery of written speech from PLN and other related publications, failing to provide due process via notice and opportunity to challenge the c…

On June 30, 2016, Prison Legal News (PLN) filed a lawsuit in the U.S. District Court for the Northern District Court of Illinois against Cook County Jail under section §1983, alleging violations of the First and Fourteenth Amendment's Due Process and Equal Protection clause of the U.S. Constitution.

The plaintiffs alleged that the defendants prohibited delivery of written speech from PLN and other related publications, failing to provide due process via notice and opportunity to challenge the censorship and denying Plaintiff equal protection as required under the Constitution. The plaintiffs sought declaratory and injunctive relief to stop the censorship practices, as well as compensation for damages and legal fees.

On July 1, 2016, the plaintiff motioned for a preliminary injunction. The plaintiff sought a declaration that the Jail's mailroom policies and practice of allowing some newsprint while barring PLN violate the plaintiff's right under the First Amendment, Due Process, and Equal Protection clauses of the Constitution. On November 21, 2016, the court (Judge Joan Gottschall) denied the plaintiff's motion for a preliminary injunction, stating preliminary injunction is an extraordinary remedy that may only be awarded upon a clear showing that the plaintiff is entitled to such relief. The court noted that the regulations were at least rationally related to prison security and that it could not grant such extraordinary relief on the indeterminate factual record plaintiffs had provided at that time.

The parties appear to have been engaged in settlement talks after the denial. On March 30, 2017, the court referred the matter to Magistrate Judge Marie Valdez for a settlement conference. Initially that proved unsuccessful, and on January 24, 2018, the parties informed the court that settlement discussions had been unsuccessful, leading the court to set a schedule for discovery.

However, in the months that followed the parties returned to negotiating a settlement, and appear to have reached one that will resolve the case. On December 12, 2018, the parties informed the court that the settlement they reached called for the court to resolve the dispute over plaintiff's fees. The court set a date for a hearing on the motion for fees, but on March 11, 2019, the court granted a joint motion to stay that hearing in light of the parties' representation that they have agreed in principle to settle their dispute over costs and fees.

On June 25, 2019, the parties agreed to a settlement agreement and the case was dismissed. The settlement agreement stipulated that the defendants would establish, implement, and enforce policies that will ensure the delivery of Human Rights Defense Center Publications. The settlement also stipulated that the defendants would pay $75,000 in attorneys’ fees and $35,000 in damages. In addition, if any HRDC publications are withheld from prisoners, jail officials will provide written notice within five business days. Copies of the policies were made available to both jail staff and prisoners within 60 days after the settlement, and they will be included in the Prisoner Handbook.

The parties agreed that, with the Court's finding, this case was only concerning the First and Fourteenth Amendment rights of a publisher, and therefore was not a case concerning prison conditions that are defined in the Prison Litigation Reform Act of 1996. The case was dismissed without prejudice with the right to refile prior to June 27, 2022. If no such refiling occurs, the case will become dismissed with prejudice.

Summary Authors

Ginny Lee (1/26/2017)

Chris Pollack (3/21/2019)

Christiana Johnson (10/18/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4508332/parties/prison-legal-news-v-county-of-cook/


Judge(s)

Gottschall, Joan B. (Illinois)

Attorneys(s) for Plaintiff

Burday, Jonathan I. (Illinois)

Loevy, Arthur R. (Illinois)

Marshall, Daniel (Florida)

Neelakanta, Sabarish (Florida)

Topic, Matthew Vincent (Illinois)

Weber, Lance Theodore (Florida)

Attorneys(s) for Defendant

McGrath, Megan Kelly (Illinois)

Power, John M. (Illinois)

Zecchin, Anthony E. (Illinois)

Judge(s)

Gottschall, Joan B. (Illinois)

Attorneys(s) for Plaintiff

Burday, Jonathan I. (Illinois)

Loevy, Arthur R. (Illinois)

Marshall, Daniel (Florida)

Neelakanta, Sabarish (Florida)

Topic, Matthew Vincent (Illinois)

Weber, Lance Theodore (Florida)

Attorneys(s) for Defendant

McGrath, Megan Kelly (Illinois)

Power, John M. (Illinois)

Zecchin, Anthony E. (Illinois)

Zecchin [inactive], Anthony E. (Illinois)

Documents in the Clearinghouse

Document

Docket [PACER]

June 25, 2019 Docket
1

Complaint for Declaratory and Injunctive Relief Under the Civil Rights Act U.S.C. §1983 and Damages

Prison Legal News v. County Of Cook

June 30, 2016 Complaint
38

Memorandum Opinion and Order

2016 WL 6833977

Nov. 21, 2016 Order/Opinion
85

Stipulation and Order to Dismiss

June 25, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4508332/prison-legal-news-v-county-of-cook/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

case assigned

June 30, 2016 PACER

summons issued

June 30, 2016 PACER
1

COMPLAINT filed by Prison Legal News; Jury Demand. Filing fee $ 400, receipt number 0752-12104855.(Topic, Matthew) (Entered: 06/30/2016)

June 30, 2016 RECAP

CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Maria Valdez. (daj, )

June 30, 2016 PACER
2

CIVIL Cover Sheet (Topic, Matthew) (Entered: 06/30/2016)

June 30, 2016 PACER

SUMMONS Issued as to Defendants County Of Cook, Thomas J Dart, Nneka Jones Tapia (pg, )

June 30, 2016 PACER
3

ATTORNEY Appearance for Plaintiff Prison Legal News by Jonathan I. Loevy (Loevy, Jonathan) (Entered: 06/30/2016)

June 30, 2016 PACER
4

ATTORNEY Appearance for Plaintiff Prison Legal News by Arthur R. Loevy (Loevy, Arthur) (Entered: 06/30/2016)

June 30, 2016 PACER
5

SUMMONS Returned Executed by Prison Legal News as to All Defendants. (Attachments: # 1 Summons Returned Executed (Sheriff Dart), # 2 Summons Returned Executed (Nneka Tapia))(Topic, Matthew) (Entered: 07/01/2016)

1 Summons Returned Executed (Sheriff Dart)

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2 Summons Returned Executed (Nneka Tapia)

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July 1, 2016 PACER
6

MOTION by Plaintiff Prison Legal News for preliminary injunction (Topic, Matthew) (Entered: 07/01/2016)

July 1, 2016 PACER
7

MEMORANDUM by Prison Legal News in support of motion for preliminary injunction 6 (Attachments: # 1 Exhibit A - Declaration of Paul Wright)(Topic, Matthew) (Entered: 07/01/2016)

1 Exhibit A - Declaration of Paul Wright

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July 1, 2016 PACER
8

NOTICE of Motion by Matthew Vincent Topic for presentment of motion for preliminary injunction 6 before Honorable Joan B. Gottschall on 7/15/2016 at 09:30 AM. (Topic, Matthew) (Entered: 07/01/2016)

July 1, 2016 PACER
9

ORDER: Status hearing set for 9/23/2016 at 11:00 AM in Courtroom 2325. If, by the date of the scheduled status hearing, defendant has not been served, plaintiff should call the courtroom deputy (312-435-5641) to request a new status date. No status hearing should be held until all defendants have been served. Plaintiff is directed to advise the defendants of the status hearing forthwith. Pursuant to LR 5.2(f), a stapled and/or bound paper copy of all electronically filed pleadings, including the complaint, must be delivered to chambers (2356) within one business day of filing. Noncompliance with LR 5.2(f) will result in the imposition of a $200.00 fine payable to the Clerk of the Court, 219 South Dearborn Street, 20th Floor, Chicago, Illinois 60604. Parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 7/11/2016. Mailed notice(mjc, ) (Entered: 07/11/2016)

July 11, 2016 PACER
10

MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing set for 7/15/16 at 9:30 a.m. is reset to 7/15/16 at 11:00 a.m. (TIME CHANGE ONLY). Mailed notice (mjc, ) (Entered: 07/11/2016)

July 11, 2016 PACER
11

ATTORNEY Appearance for Defendants County of Cook, Illinois, Thomas J Dart, Nneka Jones Tapia by John Power (Power, John) (Entered: 07/12/2016)

July 12, 2016 PACER
12

ATTORNEY Appearance for Defendants County of Cook, Illinois, Thomas J Dart, Nneka Jones Tapia by Anthony E. Zecchin (Zecchin, Anthony) (Entered: 07/12/2016)

July 12, 2016 PACER
13

[Proposed] Agreed Order by Prison Legal News (Topic, Matthew) (Entered: 07/14/2016)

July 14, 2016 PACER
14

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's motion for preliminary injunction 6 is briefed as follows: response due by 8/5/16; reply due 8/26/16. Defendants' answer is due by 8/5/16. Motion hearing set for 7/15/16 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 07/14/2016)

July 14, 2016 PACER
15

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12152975. (Weber, Lance) (Entered: 07/15/2016)

July 15, 2016 PACER
16

MINUTE entry before the Honorable Joan B. Gottschall: Attorney Lance T. Weber's application to appear pro hac vice 15 on behalf of the plaintiff is granted. Mailed notice (mjc, ) (Entered: 07/18/2016)

July 18, 2016 PACER
17

MOTION by Defendants County of Cook, Illinois, Thomas J Dart, Nneka Jones Tapia for extension of time to file response/reply (Power, John) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
18

NOTICE of Motion by John Power for presentment of motion for extension of time to file response/reply 17 before Honorable Joan B. Gottschall on 8/10/2016 at 11:00 AM. (Power, John) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
19

ATTORNEY Appearance for Defendants County of Cook, Illinois, Thomas J Dart, Nneka Jones Tapia by Megan Kelly McGrath (McGrath, Megan) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
20

RESPONSE by Plaintiff Prison Legal News to motion for extension of time to file response/reply 17 (Attachments: # 1 Exhibit A)(Topic, Matthew) (Entered: 08/04/2016)

1 Exhibit A

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Aug. 4, 2016 PACER
21

ANSWER to Complaint with Jury Demand by County of Cook, Illinois, Thomas J Dart, Nneka Jones Tapia (Attachments: # 1 Notice of Filing)(Power, John) (Entered: 08/05/2016)

1 Notice of Filing

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Aug. 5, 2016 PACER
22

ATTORNEY Appearance for Plaintiff Prison Legal News by Joshua Hart Burday (Burday, Joshua) (Entered: 08/09/2016)

Aug. 9, 2016 PACER
23

MINUTE entry before the Honorable Joan B. Gottschall: Defendants' motion for an extension of time to respond 17 is granted. Response due 8/12/16; reply due 9/2/16. Motion hearing set for 8/10/16 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 08/09/2016)

Aug. 9, 2016 PACER
24

NOTICE by Joshua Hart Burday of Change of Address (Burday, Joshua) (Entered: 08/10/2016)

Aug. 10, 2016 PACER
25

RESPONSE by County of Cook, Illinois, Thomas J Dart, Nneka Jones Tapiain Opposition to MOTION by Plaintiff Prison Legal News for preliminary injunction 6 (Attachments: # 1 Exhibit Ex. 1-3)(McGrath, Megan) (Entered: 08/12/2016)

1 Exhibit Ex. 1-3

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Aug. 12, 2016 PACER
26

MINUTE entry before the Honorable Joan B. Gottschall: The status hearing set for 9/23/16 at 11:00 a.m. is reset to 9/23/16 at 9:30 a.m. (TIME CHANGE ONLY).Mailed notice (mjc, ) (Entered: 08/30/2016)

Aug. 30, 2016 PACER
27

MOTION by Plaintiff Prison Legal News to Modify Briefing Schedule to Conduct Discovery (Topic, Matthew) (Entered: 09/01/2016)

Sept. 1, 2016 PACER
28

NOTICE of Motion by Matthew Vincent Topic for presentment of motion for miscellaneous relief 27 before Honorable Joan B. Gottschall on 9/7/2016 at 09:30 AM. (Topic, Matthew) (Entered: 09/01/2016)

Sept. 1, 2016 PACER
29

MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held. Plaintiff's motion to modify briefing schedule and conduct limited discovery 27 is granted. Plaintiff's reply brief is to be filed by 10/12/16. Status hearing set for 11/9/16 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 09/08/2016)

Sept. 7, 2016 PACER
30

MOTION by Plaintiff Prison Legal News to set a briefing schedule Plaintiff's Unopposed Motion to Modify Briefing Schedule (Topic, Matthew) (Entered: 10/11/2016)

Oct. 11, 2016 PACER
31

NOTICE of Motion by Matthew Vincent Topic for presentment of motion by filer to set a briefing schedule 30 before Honorable Joan B. Gottschall on 10/21/2016 at 09:30 AM. (Topic, Matthew) (Entered: 10/13/2016)

Oct. 13, 2016 PACER
32

MINUTE entry before the Honorable Joan B. Gottschall: The status hearing set for 10/21/16 at 9:30 a.m. is stricken and reset to 10/21/16 at 10:00 a.m. (TIME CHANGE ONLY). Mailed notice (mjc, ) (Entered: 10/17/2016)

Oct. 17, 2016 PACER
33

MINUTE entry before the Honorable Joan B. Gottschall: The court's order ECF No, 32 is amended as follows: The motion hearing set for 10/21/16 at 9:30 a.m. is stricken and reset to 10/21/16 at 10:00 a.m. (TIME CHANGE ONLY). Mailed notice (mjc, ) (Entered: 10/17/2016)

Oct. 17, 2016 PACER
34

MINUTE entry before the Honorable Joan B. Gottschall: Plaintiff's unopposed motion to modify briefing schedule 30 is granted. Plaintiff's reply brief is to be filed by 10/26/16. Motion hearing set for 10/21/16 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 10/20/2016)

Oct. 20, 2016 PACER
35

REPLY by Plaintiff Prison Legal News in Support of Plaintiff's Motion for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Topic, Matthew) (Entered: 10/26/2016)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Oct. 26, 2016 PACER
36

MINUTE entry before the Honorable Joan B. Gottschall: The status hearing set for 11/9/16 is stricken. The court will set furthers dates as necessary when it rules on the motion for preliminary injunction. Mailed notice (mjc, ) (Entered: 11/07/2016)

Nov. 7, 2016 PACER
37

MINUTE entry before the Honorable Joan B. Gottschall: Enter Memorandum Opinion and Order. For the foregoing reasons, plaintiff's motion for a preliminary injunction 6 is denied. Mailed notice (mjc, ) (Entered: 11/21/2016)

Nov. 21, 2016 PACER
38

MEMORANDUM Opinion and Order Signed by the Honorable Joan B. Gottschall on 11/21/2016. Mailed notice(mjc, ) (Entered: 11/21/2016)

Nov. 21, 2016 RECAP
39

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing set for 12/9/16 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 11/21/2016)

Nov. 21, 2016 PACER
40

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Counsel informed the court that they are exploring settlement and ask that discovery be placed on hold for 60 days. Status set for 2/8/17 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 12/09/2016)

Dec. 9, 2016 PACER
41

MINUTE entry before the Honorable Joan B. Gottschall: The court's order, ECF No. 40, is amended as follows. Discovery is placed on hold until 2/7/17.Mailed notice (mjc, ) (Entered: 12/12/2016)

Dec. 12, 2016 PACER
42

MOTION by Plaintiff Prison Legal News to withdraw attorney Lance Weber as counsel of record (Weber, Lance) (Entered: 12/28/2016)

Dec. 28, 2016 PACER
43

NOTICE of Motion by Matthew Vincent Topic for presentment of motion to withdraw 42 before Honorable Joan B. Gottschall on 1/18/2017 at 09:30 AM. (Topic, Matthew) (Entered: 01/11/2017)

Jan. 11, 2017 PACER
44

MINUTE entry before the Honorable Joan B. Gottschall: Motion to withdraw 42 is granted. Attorney Lance Weber may withdraw his appearance on behalf of the plaintiff. Motion hearing set for 1/18/17 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 01/17/2017)

Jan. 17, 2017 PACER
45

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Parties informed the court that they are discussing settlement. Status hearing set for 3/10/17 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 02/08/2017)

Feb. 8, 2017 PACER
46

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Counsel for both parties discussed efforts taken to date regarding settlement. Counsel for Plaintiff indicated a desire for private mediation. The court suggested a referral to the magistrate judge for a settlement conference. Counsel will discuss this with their respective clients and will call the court if they wish to proceed with a referral. Status set for 4/12/2017 at 9:30 a.m. Mailed notice (vcf, ) (Entered: 03/10/2017)

March 10, 2017 PACER
47

MINUTE entry before the Honorable Joan B. Gottschall: Upon agreement of the parties, pursuant to ECF No. 46, this matter is referred to Magistrate Judge Valdez for a settlement conference. Status hearing set for 4/12/17 is stricken. Mailed notice (mjc, ) (Entered: 03/30/2017)

March 30, 2017 PACER
48

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Maria Valdez for the purpose of holding proceedings related to: settlement conference.(mjc, )Mailed notice. (Entered: 03/30/2017)

March 30, 2017 PACER
49

MINUTE entry before the Honorable Maria Valdez:This case has been referred to Judge Valdez to conduct a settlement conference. The parties are ordered to appear for status on 4/12/17 at 10:00 a.m. in Courtroom 1041 to set a settlement conference date. The Parties are further directed to consult with their respective clients before the status date to determine the dates of unavailability for a settlement conference that may be set within the next eight to twelve weeks. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Mailed notice (lp, ) (Entered: 03/31/2017)

March 31, 2017 PACER
50

MINUTE entry before the Honorable Maria Valdez: Magistrate Judge status hearing held on 4/12/17. This case is set to 7/11/2017 at 2:00 p.m. in Courtroom 1041 for settlement conference. Judge Valdez requires full compliance with the Court's Standing Order on Settlement Conference found on Judge Valdez's website available at www.ilnd.uscourts.gov, or the parties can contact courtroom deputy, Lisa Provine, at (312)408-5135 for a copy. Failure to comply with the provisions of the Court's Standing Order may result in the unilateral cancellation of the settlement conference by the Court. Absent leave from the Court, cancellation will result if the Plaintiff fails to submit to chambers copies of the settlement letters four days prior to the settlement conference. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Mailed notice. (dm, ) (Entered: 04/12/2017)

April 12, 2017 PACER
51

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13139558. (Marshall, Daniel) (Entered: 05/04/2017)

May 4, 2017 PACER
52

MINUTE entry before the Honorable Joan B. Gottschall: Attorney Daniel Lucas' application to appear pro hac vice on behalf of the plaintiff 51 is granted. Mailed notice (mjc, ) (Entered: 05/05/2017)

May 5, 2017 PACER
53

MINUTE entry before the Honorable Maria Valdez: Settlement conference held. Information is exchanged. Status hearing on settlement progress set for August 3, at 10:00 AM before Judge Valdez.Mailed notice (lp, ) (Entered: 07/12/2017)

July 11, 2017 PACER
54

CERTIFICATE of Service by Daniel Lucas Marshall on behalf of Prison Legal News (Marshall, Daniel) (Entered: 07/12/2017)

July 12, 2017 PACER
55

MINUTE entry before the Honorable Maria Valdez: Magistrate Judge status hearing held on 8/3/17 and continued to 8/31/17 at 10:00 a.m. Mailed notice (lp, ) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
56

MINUTE entry before the Honorable Maria Valdez:Magistrate Judge status hearing held on 8/31/17 and continued to 9/28/17 at 10:00 a.m. Mailed notice (lp, ) (Entered: 08/31/2017)

Aug. 31, 2017 PACER
57

MINUTE entry before the Honorable Maria Valdez: Magistrate Judge status hearing held on 9/28/17. Case is set to 1/11/18 at 2:00 p.m. in Courtroom 1041 for settlement conference. Judge Valdez requires full compliance with the Court's Standing Order on Settlement Conference found on Judge Valdez's website available at www.ilnd.uscourts.gov, or the parties can contact courtroom deputy, Lisa Provine, at (312)408-5135 for a copy. Failure to comply with the provisions of the Court's Standing Order may result in the unilateral cancellation of the settlement conference by the Court. Absent leave from the Court, cancellation will result if the Plaintiff fails to submit to chambers copies of the settlement letters 21 business days prior to the settlement conference. Because of the volume of settlement conferences conducted by Judge Valdez, once a settlement conference date has been agreed upon, no continuance will be granted without a motion showing extreme hardship. Mailed notice (lp, ) (Entered: 09/28/2017)

Sept. 28, 2017 PACER
58

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-13645070. (Neelakanta, Sabarish) (Entered: 10/03/2017)

Oct. 3, 2017 PACER
59

MINUTE entry before the Honorable Joan B. Gottschall: Attorney Sabarish P. Neelakanta's application to appear pro hac vice on behalf of the plaintiff 58 is granted. Mailed notice (mjc, ) (Entered: 10/11/2017)

Oct. 11, 2017 PACER
60

MINUTE entry before the Honorable Maria Valdez: Continued settlement conference held on 1/11/18. No settlement was reached. All matters relating to the referral of this action having been resolved, the case is returned to the assigned judge. Mailed notice (lp, ) (Entered: 01/11/2018)

Jan. 11, 2018 PACER
61

MINUTE entry before the Honorable Joan B. Gottschall: In light of the referral's termination, a status hearing is set for 1/24/18 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 01/12/2018)

Jan. 12, 2018 PACER
62

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Parties informed the court that settlement discussions were unsuccessful. Parties' agreed discovery schedule is as follows. The parties shall exchange initial Rule 26(a)(1) disclosures by 2/9/18. Fact discovery cutoff is 8/31/18. Status hearing set for 6/29/18 at 9:30 a.m. The parties should be prepared to discuss the timing of any expert discovery at the next status hearing. Mailed notice (mjc, ) (Entered: 01/24/2018)

Jan. 24, 2018 PACER
63

MINUTE entry before the Honorable Joan B. Gottschall: On the court's own motion, the status hearing set for 6/29/18 is stricken and reset to 7/13/18 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 06/06/2018)

June 6, 2018 PACER
64

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Counsel informed the court that written discovery is complete. Depositions are ongoing. Counsel for plaintiff informed the court that defendants made an offer of judgment on 7/12/18 and that the offer is being considered. Discussion held scheduling depositions in time to meet the 8/31/18 deadline to complete fact discovery. No party requested an extension of the deadline. Status hearing is set for 9/5/18 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 07/13/2018)

July 13, 2018 PACER
65

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Counsel for plaintiff only appeared. Counsel reported that the parties are finalizing their settlement documents. Status hearing is set for 10/24/18 at 9:30 a.m. If a stipulation to dismiss is filed prior to the next status hearing, no appearance will be necessary. Mailed notice (mjc, ) (Entered: 09/06/2018)

Sept. 5, 2018 PACER
66

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held on 10/24/2018. Only counsel for defendant appeared. Counsel reported that the case has settled, and the parties are finalizing the settlement documents. Status hearing set for 11/30/18 at 9:30 a.m. If the parties need additional time to finalize the settlement, they should call the courtroom deputy prior to the status hearing. Mailed notice (mjc, ) (Entered: 10/25/2018)

Oct. 24, 2018 PACER
67

MINUTE entry before the Honorable Joan B. Gottschall: On the court's own motion, the status hearing set for 11/30/18 66 is stricken and reset to 12/12/18 at 9:30 a.m.Mailed notice (mjc, ) (Entered: 11/28/2018)

Nov. 28, 2018 PACER
68

MOTION by Attorney Anthony E. Zecchin, Megan McGrath to withdraw as attorney for County of Cook, Illinois, Thomas J Dart, Nneka Jones Tapia. No party information provided (Power, John) (Entered: 12/10/2018)

Dec. 10, 2018 PACER
69

NOTICE of Motion by John Power for presentment of motion to withdraw as attorney 68 before Honorable Joan B. Gottschall on 12/12/2018 at 09:30 AM. (Power, John) (Entered: 12/10/2018)

Dec. 10, 2018 PACER
70

MINUTE entry before the Honorable Joan B. Gottschall: Motion to withdraw as counsel 68 is granted. Attorney Megan Kelly McGrath and Anthony E. Zecchin may withdraw their appearances on behalf of the defendants. The status hearing set for 12/12/18 shall stand. Mailed notice (mjc, ) (Entered: 12/11/2018)

Dec. 11, 2018 PACER
71

MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held on 12/12/2018. The parties informed the court that their settlement agreement calls for the submission of their fee dispute to the court. As discussed in open court, plaintiff's motion for fees is briefed as follows: motion is due by 1/28/19; defendant's response due 2/25/19; reply due 3/11/19. The court will rule by mail. Mailed notice (mjc, ) (Entered: 12/13/2018)

Dec. 12, 2018 PACER
72

MOTION by Plaintiff Prison Legal News for extension of time Joint Motion for Extension of Time (Topic, Matthew) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
73

NOTICE of Motion by Matthew Vincent Topic for presentment of extension of time 72 before Honorable Joan B. Gottschall on 1/30/2019 at 09:30 AM. (Topic, Matthew) (Entered: 01/23/2019)

Jan. 23, 2019 PACER
74

MINUTE entry before the Honorable Joan B. Gottschall: The parties' unopposed motion for extension of time to brief the anticipated motion for attorneys' fees 72 is granted. The motion hearing set for 1/30/19 is stricken; no appearance required. The briefing schedule for plaintiff's anticipated motion for fees is enlarged as follows: motion is due by 2/11/19; defendant's response due 3/11/19; reply due 3/25/19. Mailed notice (mjc, ) (Entered: 01/24/2019)

Jan. 24, 2019 PACER
75

MOTION by Defendants County of Cook, Illinois, Thomas J Dart for extension of time to file fee petition (Power, John) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
76

NOTICE of Motion by John Power for presentment of motion for extension of time to file 75 before Honorable Joan B. Gottschall on 2/15/2019 at 09:30 AM. (Power, John) (Entered: 02/11/2019)

Feb. 11, 2019 PACER
77

MINUTE entry before the Honorable Joan B. Gottschall: Defendants' unopposed motion for extension of time to brief the anticipated motion for attorneys' fees 75 is granted. The motion hearing set for 2/15/19 is stricken; no appearance required. The briefing schedule for plaintiff's anticipated motion for fees is enlarged as follows: motion is due by 2/19/19; defendant's response due 3/18/19; reply due 4/1/19. If the parties agree that a referral to the magistrate judge would aid their settlement discussions, they should advise the courtroom deputy at (312) 435-5641. Mailed notice (mjc, ) (Entered: 02/14/2019)

Feb. 14, 2019 PACER
78

MOTION by Plaintiff Prison Legal News for attorney fees (Attachments: # 1 Declaration of Matt Topic, # 2 Declaration of Sabarish Neelakanta, # 3 Exhibit Joint Statement on Fees)(Neelakanta, Sabarish) (Entered: 02/19/2019)

1 Declaration of Matt Topic

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2 Declaration of Sabarish Neelakanta

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3 Exhibit Joint Statement on Fees

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Feb. 19, 2019 PACER
79

MOTION by Defendants County of Cook, Illinois, Thomas J Dart, Nneka Jones Tapia to stay Briefing of Fee Petition (Power, John) (Entered: 03/08/2019)

March 8, 2019 PACER
80

NOTICE of Motion by John Power for presentment of motion to stay 79 before Honorable Joan B. Gottschall on 3/13/2019 at 09:30 AM. (Power, John) (Entered: 03/08/2019)

March 8, 2019 PACER
81

MINUTE entry before the Honorable Joan B. Gottschall: Based on the parties' representation that they have agreed in principle to settle their dispute over costs and fees, their joint motion 79 to stay briefing schedule on plaintiff's fee petition 78 is granted. The fee petition 78 is entered and continued to 4/12/19 at 9:30 a.m. If the parties agree that additional time is needed to finalize the settlement conference, they should advise the courtroom deputy, and no appearance will be required. The motion hearing set for 3/13/19 is stricken; no appearance required. Mailed notice (mjc, ) (Entered: 03/11/2019)

March 11, 2019 PACER
82

MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held. Discussion held on retaining jurisdiction to enforce the terms of the settlement agreement. For the reasons stated in open court, the case is continued to 5/10/19 at 9:30 a.m. Mailed notice (mjc, ) (Entered: 04/12/2019)

April 12, 2019 PACER
83

terminate hearings

May 9, 2019 PACER
84

order on motion for attorney fees

June 25, 2019 PACER
85

order

June 25, 2019 PACER

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: June 30, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Prison Legal News (PLN) is a monthly magazine that includes reports, reviews and analysis of court rulings and news related to prisoners’ rights and criminal justice issues.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Loevy & Loevy

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Thomas J. Dart (Cook), County

Nneka Jones Tapia (Cook), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $110,000

Order Duration: 2019 - 2022

Content of Injunction:

Monitoring

Preliminary relief denied

Issues

General:

Mail

Records Disclosure

Type of Facility:

Government-run