Case: Wetzel v. Glen St. Andrew Living Community, LLC

1:16-cv-07598 | U.S. District Court for the Northern District of Illinois

Filed Date: July 27, 2016

Closed Date: March 4, 2019

Clearinghouse coding complete

Case Summary

On July 27th, 2016, a 68-year-old woman who identified as lesbian brought a civil right action under the Fair Housing Act and the Illinois Human Rights Act. The action was brought in the Northern District Court of Illinois. The plaintiff sought declaratory, injunctive, and compensatory and punitive damages against Defendants Glen St. Andrew Living Community (GSALC) and their administrators. The plaintiff alleged that, throughout her time at GSALC, she was subjected to a pattern of discriminatio…

On July 27th, 2016, a 68-year-old woman who identified as lesbian brought a civil right action under the Fair Housing Act and the Illinois Human Rights Act. The action was brought in the Northern District Court of Illinois. The plaintiff sought declaratory, injunctive, and compensatory and punitive damages against Defendants Glen St. Andrew Living Community (GSALC) and their administrators.

The plaintiff alleged that, throughout her time at GSALC, she was subjected to a pattern of discrimination and harassment because of her sex and sexual orientation, including persistent verbal harassment, threats, intimidation, and three separate assaults, at the hands of other residents. She alleged that she was called countless homophobic slurs, taunted about her relationship with partner and their child, threatened with bodily harm, bullied and intimidated in all of the communal spaces in the facility, and physically injured by other residents. She further alleged that, although she repeatedly complained about the sex- and sexual orientation-based harassment to GSALC staff, they gave no response. Instead, it was alleged that staff marginalized and alienated Marsha and retaliated against her for complaining about the harassment.

The defendants moved to dismiss the case on August 22, 2016, which the court granted on January 18, 2017. The court held that the plaintiff failed to state a claim upon which relief could be granted because she did not allege a motive or intent to discriminate on the part of the defendants, that GSALC housing was discriminatory by being uninhabitable, or that the defendants acted because of her sexual orientation or gender.

The plaintiff appealed to the Seventh Circuit. On September 25, 2018, the appeals court issued an order, remanding the case to the district court based on a more expansive reading of the Fair Housing Act. It held that liability exists under the FHA when a landlord receives notice of tenant-on-tenant harassment based on a protected status, but does not take any reasonable steps to stop that harassment. The appeals court applied the Title IX standard of deliberate indifference to the FHA. After this Seventh Circuit decision, the defendant had petitioned to the Supreme Court, but on February 22, 2019, the Supreme Court denied the petition for writ of certiorari.

In light of the Seventh Circuit's holding back in the district court, the plaintiff filed an amended complaint on October 31, 2018. It reiterated the allegations of her initial complaint and basing her legal conclusions on the standard promulgated by the Seventh Circuit. However, on March 4, 2019, the two parties filed to jointly stipulate to the dismissal of the lawsuit with prejudice, having reached an independent settlement agreement. On March 5, 2019, the district court dismissed that case with prejudice. The case is now closed.

Summary Authors

Sihang Zhang (1/4/2017)

Virginia Weeks (2/22/2018)

Dan Toubman (4/5/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5640811/parties/wetzel-v-glen-st-andrew-living-community-llc/


Documents in the Clearinghouse

Documents in this case

1:16-cv-07598

Docket [PACER]

March 5, 2019

March 5, 2019

Docket
26

1:16-cv-07598

Memorandum Opinion

Jan. 18, 2017

Jan. 18, 2017

Order/Opinion

2017 WL 201376

17-01322

Opinion

Wetzel v. Glen St. Andrew Living Community

U.S. Court of Appeals for the Seventh Circuit

Aug. 27, 2018

Aug. 27, 2018

Order/Opinion

901 F.3d 856

52

1:16-cv-07598

First Amended Complaint for Declaratory, Injunctive, and Other Relief

Wetzel v. St. Glen

Oct. 31, 2018

Oct. 31, 2018

Complaint
62

1:16-cv-07598

Joint Stipulation of Dismissal with Prejudice

Wetzel v. St. Glen

March 4, 2019

March 4, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5640811/wetzel-v-glen-st-andrew-living-community-llc/

Last updated Aug. 23, 2026, 4:19 a.m.

Docket for: Wetzel v. Glen St. Andrew Living Community, LLC
ECF Number Date Description Link
1 July 27, 2016

COMPLAINT filed by Marsha Wetzel; Filing fee $ 400, receipt number 0752-12188111.(Loewy, Karen) (Entered: 07/27/2016)

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2 July 27, 2016

CIVIL Cover Sheet (Loewy, Karen) (Entered: 07/27/2016)

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3 July 27, 2016

ATTORNEY Appearance for Plaintiff Marsha Wetzel by Karen Lee Loewy (Loewy, Karen) (Entered: 07/27/2016)

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4 July 27, 2016

ATTORNEY Appearance for Plaintiff Marsha Wetzel by Kyle A. Palazzolo (Palazzolo, Kyle) (Entered: 07/27/2016)

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5 July 27, 2016

ATTORNEY Appearance for Plaintiff Marsha Wetzel by John Louis Litchfield (Litchfield, John) (Entered: 07/27/2016)

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6 July 27, 2016

ATTORNEY Appearance for Plaintiff Marsha Wetzel by Ellen M. Wheeler (Wheeler, Ellen) (Entered: 07/27/2016)

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July 27, 2016

case assigned

July 27, 2016

CASE ASSIGNED to the Honorable Samuel Der-Yeghiayan. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (daj, )

July 29, 2016

SUMMONS Issued as to Defendants Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC (jp, )

July 29, 2016

summons issued

7 Aug. 3, 2016

ATTORNEY Appearance for Plaintiff Marsha Wetzel by William Mariano Lopez (Lopez, William) (Entered: 08/03/2016)

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8 Aug. 16, 2016

AFFIDAVIT of Service filed by Plaintiff Marsha Wetzel regarding Summons and Complaint served on Glen St. Andrew Living Community Real Estate, LLC c/o Marilyn Dunn, Registered Agent on August 1, 2016 (Litchfield, John) (Entered: 08/16/2016)

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9 Aug. 16, 2016

AFFIDAVIT of Service filed by Plaintiff Marsha Wetzel regarding Summons and Complaint served on Glen St. Andrew Living Community, LLC c/o Marilyn Dunn, Registered Agent on August 1, 2016 (Litchfield, John) (Entered: 08/16/2016)

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10 Aug. 16, 2016

AFFIDAVIT of Service filed by Plaintiff Marsha Wetzel regarding Summons and Complaint served on Glen Health & Home Management, Inc. on August 1, 2016 (Litchfield, John) (Entered: 08/16/2016)

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11 Aug. 16, 2016

AFFIDAVIT of Service filed by Plaintiff Marsha Wetzel regarding Summons and Complaint served on Alyssa C. Flavin on August 8, 2016 (Litchfield, John) (Entered: 08/16/2016)

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12 Aug. 16, 2016

AFFIDAVIT of Service filed by Plaintiff Marsha Wetzel regarding Summons and Complaint served on Carolyn Driscoll on August 1, 2016 (Litchfield, John) (Entered: 08/16/2016)

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13 Aug. 16, 2016

AFFIDAVIT of Service filed by Plaintiff Marsha Wetzel regarding Summons and Complaint served on Sandra N. Cubas on August 1, 2016 (Litchfield, John) (Entered: 08/16/2016)

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14 Aug. 22, 2016

ATTORNEY Appearance for Defendants Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC by Lindsay A. Watson (Watson, Lindsay) (Entered: 08/22/2016)

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15 Aug. 22, 2016

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Watson, Lindsay) (Entered: 08/22/2016)

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16 Aug. 22, 2016

NOTICE of Motion by Lindsay A. Watson for presentment of Motion to Dismiss for Failure to State a Claim 15 before Honorable Samuel Der-Yeghiayan on 8/31/2016 at 09:00 AM. (Watson, Lindsay) (Entered: 08/22/2016)

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17 Aug. 22, 2016

ATTORNEY Appearance for Defendants Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC by James H. Ryan (Ryan, James) (Duplicate filing of entry no. 14 ) Modified on 8/23/2016 (jjr, ). (Entered: 08/22/2016)

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18 Aug. 22, 2016

ATTORNEY Appearance for Defendants Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC by James H. Ryan (Ryan, James) (Entered: 08/22/2016)

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19 Aug. 31, 2016

MINUTE entry before the Honorable Samuel Der-Yeghiayan: Motion hearing held. Defendants' motion to dismiss 15 is entered and continued. Plaintiff's response shall be filed by 10/04/16 and Defendants' reply shall be filed by 10/18/16. Initial status hearing set for 01/19/17 at 9:00 a.m. Mailed notice (mw, ) (Entered: 08/31/2016)

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20 Oct. 4, 2016

MEMORANDUM by Marsha Wetzel in Opposition to Motion to Dismiss for Failure to State a Claim 15 (Loewy, Karen) (Entered: 10/04/2016)

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21 Oct. 18, 2016

REPLY by Defendants Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC to Motion to Dismiss for Failure to State a Claim 15 (Attachments: # 1 Exhibit A)(Watson, Lindsay) (Entered: 10/18/2016)

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22 Jan. 13, 2017

STATUS Report Joint Initial by Marsha Wetzel (Loewy, Karen) (Entered: 01/13/2017)

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23 Jan. 13, 2017

STATUS Report Joint Jurisdictional by Marsha Wetzel (Loewy, Karen) (Entered: 01/13/2017)

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24 Jan. 13, 2017

CERTIFICATE of Service of Joint Status Reports (Loewy, Karen) (Entered: 01/13/2017)

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25 Jan. 18, 2017

MINUTE entry before the Honorable Samuel Der-Yeghiayan: For the reasons stated in the Court's memorandum opinion date 01/18/17, Defendants' motion to dismiss 15 is granted. All pending dates and motions, if any, are stricken as moot. Civil case terminated. Mailed notice (mw, ) (Entered: 01/18/2017)

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26 Jan. 18, 2017

MEMORANDUM OPINION Signed by the Honorable Samuel Der-Yeghiayan on 1/18/2017: Granting Defendants' motion to dismiss. Mailed notice (mw, )

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27 Jan. 18, 2017

ENTERED JUDGMENT Signed by the Courtroom Deputy Michael Wing on 01/18/2017: Mailed notice (mw, ) (Entered: 01/18/2017)

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28 Feb. 15, 2017

NOTICE of appeal by Marsha Wetzel regarding orders 26, 25, 27 Filing fee $ 505, receipt number 0752-12860562. (Loewy, Karen) (Entered: 02/15/2017)

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29 Feb. 15, 2017

DOCKETING Statement by Marsha Wetzel regarding notice of appeal 28 (Loewy, Karen) (Entered: 02/15/2017)

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30 Feb. 15, 2017

NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal 28 (ek, ) (Entered: 02/15/2017)

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31 Feb. 15, 2017

TRANSMITTED to the 7th Circuit the short record on notice of appeal 28 . Notified counsel (ek, ) (Entered: 02/15/2017)

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32 Feb. 15, 2017

ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 28 ; USCA Case No. 17-1322. (jjr, ) (Entered: 02/15/2017)

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33 Nov. 14, 2017

NOTICE to Transmit Record on Appeal regarding notice of appeal 28 ; USCA Case No. 17-1322. (eaa, ) (Entered: 11/14/2017)

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34 Nov. 15, 2017

CERTIFIED and transmitted to the USCA for the 7th Circuit the long record on appeal 28 (USCA no. 17-1322) Via Email. (ek, ) (Entered: 11/15/2017)

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35 Sept. 25, 2018

MANDATE of USCA dated 9/25/2018 regarding notice of appeal 28 ;USCA No.17-1322 ; No record to be returned. (nsf, ) (Entered: 09/25/2018)

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36 Sept. 25, 2018

USCA JUDGMENT regarding notice of appeal 28 ; USCA No. 08/27/2018 (nsf, ) (Entered: 09/25/2018)

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37 Sept. 25, 2018

USCA BILL OF COSTS dated 9/25/2018 (nsf, ) (Entered: 09/25/2018)

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38 Sept. 25, 2018

CERTIFIED COPY OF OPINION from the USCA for the 7th Circuit; Argued 2/6/2018; Decided 8/27/2018 in USCA case no. 17-1322 (nsf, ) (Entered: 09/25/2018)

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39 Sept. 28, 2018

EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable John Robert Blakey for all further proceedings. Honorable Samuel Der-Yeghiayan no longer assigned to the case. Signed by Executive Committee on 9/28/2018.(pk, ) (Entered: 09/28/2018)

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40 Oct. 4, 2018

ATTORNEY Appearance for Defendants Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC by Lisa Anne Hausten (Hausten, Lisa) (Entered: 10/04/2018)

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41 Oct. 5, 2018

MOTION by Attorney J. Hayes Ryan and Lindsay A. Watson to withdraw as attorney for Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC. No party information provided (Ryan, James) (Entered: 10/05/2018)

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42 Oct. 5, 2018

NOTICE of Motion by James H. Ryan for presentment of motion to withdraw as attorney, 41 before Honorable John Robert Blakey on 10/25/2018 at 09:45 AM. (Ryan, James) (Entered: 10/05/2018)

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43 Oct. 9, 2018

MINUTE entry before the Honorable John Robert Blakey: This case has been reassigned to the calendar of the Honorable John Robert Blakey. During the course of the litigation, the attorneys must appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312) 818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are ordered to review and fully comply with all of this Courts own standing orders, which are available on Judge Blakey's information page on the Court's official website: http://www.ilnd.uscourts.gov/. An initial reassignment status conference is hereby set for 10/24/18 at 9:45 a.m. in Courtroom 1203. The parties should be prepared on that date to set all case management dates. Mailed notice (gel, ) (Entered: 10/09/2018)

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44 Oct. 12, 2018

MINUTE entry before the Honorable John Robert Blakey: Defendants' motion to withdraw the appearances of attorneys J. Hayes Ryan and Lindsay A. Watson 41 is granted, and the Clerk is directed to remove these attorneys from the docket in this case. The 10/25/18 Notice of Motion date is stricken, and the parties need not appear. Mailed notice (gel, ) (Entered: 10/12/2018)

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45 Oct. 15, 2018

MOTION by Attorney Kyle A. Palazzolo to withdraw as attorney for Marsha Wetzel. No party information provided (Palazzolo, Kyle) (Entered: 10/15/2018)

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46 Oct. 15, 2018

NOTICE of Motion by Kyle A. Palazzolo for presentment of motion to withdraw as attorney 45 before Honorable John Robert Blakey on 10/23/2018 at 09:45 AM. (Palazzolo, Kyle) (Entered: 10/15/2018)

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47 Oct. 16, 2018

ATTORNEY Appearance for Plaintiff Marsha Wetzel by Kara Nicole Ingelhart (Ingelhart, Kara) (Entered: 10/16/2018)

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48 Oct. 17, 2018

MINUTE entry before the Honorable John Robert Blakey: Kyle A. Palazzolo's motion to withdraw as attorney 45 is granted. Motion hearing set for 10/23/2018, is stricken. Mailed notice (gel, ) (Entered: 10/17/2018)

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49 Oct. 23, 2018

Joint Reassignment Status Report by Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC (Hausten, Lisa) (Entered: 10/23/2018)

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50 Oct. 24, 2018

MINUTE entry before the Honorable John Robert Blakey: Status hearing held on 10/24/2018. Any amended complaint shall be filed on or before 10/31/2018. Any answer shall be filed on or before 11/30/2018. Final discovery hearing set for 2/26/2019 at 9:45 a.m. in Courtroom 1203. Jury trial set for 11/18/2019 at 10:30 a.m. in Courtroom 1203. Enter Case Management Order. The parties shall carefully review the case management order for additional dates, deadlines and information. Mailed notice (gel, ) (Entered: 10/24/2018)

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51 Oct. 24, 2018

CASE MANAGEMENT ORDER Signed by the Honorable John Robert Blakey on 10/24/2018. Mailed notice(gel, ) (Entered: 10/24/2018)

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52 Oct. 31, 2018

AMENDED complaint by Marsha Wetzel against All Defendants (Loewy, Karen) (Entered: 10/31/2018)

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53 Nov. 1, 2018

STIPULATION of Dismissal Glen St. Andrew Living Community Real Estate, LLC (Loewy, Karen) (Entered: 11/01/2018)

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54 Nov. 2, 2018

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the stipulation of dismissal 53 is granted. Glen St. Andrew Living Community Real Estate, LLC is hereby dismissed without prejudice. Mailed notice (gel, ) (Entered: 11/02/2018)

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55 Nov. 9, 2018

MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the discovery hearing previously set for 2/26/2019 is reset for 2/21/2019 at 9:45 a.m. in Courtroom 1203. Mailed notice (gel, ) (Entered: 11/09/2018)

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56 Nov. 30, 2018

Defendants ANSWER to amended complaint by Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC(Hausten, Lisa) (Entered: 11/30/2018)

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57 Feb. 20, 2019

MINUTE entry before the Honorable John Robert Blakey: On the Court's own motion, the status hearing previously set for 2/21/19 at 9:45 a.m. is reset for 2/21/19 at 9:00 a.m. Note: Time Change Only. Mailed notice (gel, ) (Entered: 02/20/2019)

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58 Feb. 20, 2019

MOTION by Attorney Lisa A. Hausten to withdraw as attorney for Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community Real Estate, LLC, Glen St. Andrew Living Community, LLC. No party information provided (Hausten, Lisa) (Entered: 02/20/2019)

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59 Feb. 21, 2019

MINUTE entry before the Honorable John Robert Blakey: Motion hearing held on 2/21/2019. Attorney, Lisa A. Hausten's motion to withdraw 58 is granted. Based upon the representation of the parties, this case has settled and is therefore dismissed without prejudice. Absent reinstatement on or before 3/7/2019, the dismissal will convert to one with prejudice without further order of the Court. All pending deadlines and hearings are stricken. Civil case terminated. Mailed notice (gel, ) (Entered: 02/21/2019)

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60 Feb. 28, 2019

ATTORNEY Appearance for Defendants Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community, LLC. by Melinda Sue Kollross (Kollross, Melinda) (Entered: 02/28/2019)

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61 Feb. 28, 2019

ATTORNEY Appearance for Defendants Sandra Cubas, Carolyn Driscoll, Alyssa Flavin, Glen Health & Home Management, Inc., Glen St. Andrew Living Community, LLC. by Paul V. Esposito (Esposito, Paul) (Entered: 02/28/2019)

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62 March 4, 2019

STIPULATION of Dismissal with Prejudice (Loewy, Karen) (Entered: 03/04/2019)

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63 March 5, 2019

MINUTE entry before the Honorable John Robert Blakey: Based upon the filing of the stipulation of dismissal 62, this case is dismissed with prejudice. Civil case terminated. Mailed notice (gel, ) (Entered: 03/05/2019)

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Case Details

State / Territory:

Illinois

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: July 27, 2016

Closing Date: March 4, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A elderly woman who identified as lesbian and who alleged that a living facility failed to protect her from harassment, discrimination and violence by other residents because of her sex and sexual orientation.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Private Entity/Person

Glen St. Andrew Living Community

Defendant Type(s):

Single family housing provider

Case Details

Causes of Action:

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Other Dockets:

Northern District of Illinois 1:16-cv-07598

U.S. Court of Appeals for the Seventh Circuit 17-01322

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Housing

Disability and Disability Rights:

Mobility impairment

Discrimination Area:

Housing Sales/Rental

Discrimination Basis:

Sexual orientation

Affected Sex/Gender(s):

Female

LGBTQ+:

LGBTQ+

Recommended Citation