Case: Fontano v. Godinez

3:12-cv-03042 | U.S. District Court for the Central District of Illinois

Filed Date: Feb. 9, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 9, 2012, a former prisoner filed this lawsuit in the U.S. District Court for the Central District of Illinois. The plaintiff brought this action under 42 U.S.C. § 1983 and state law against the Illinois Department of Corrections (IDOC), claiming violations of the First, Eight and Fourteenth Amendments. Represented by the MacArthur Justice Center and Uptown People's Law Center, the plaintiff asked the court for monetary damages,. The complaint alleged that the IDOC employees were nev…

On February 9, 2012, a former prisoner filed this lawsuit in the U.S. District Court for the Central District of Illinois. The plaintiff brought this action under 42 U.S.C. § 1983 and state law against the Illinois Department of Corrections (IDOC), claiming violations of the First, Eight and Fourteenth Amendments. Represented by the MacArthur Justice Center and Uptown People's Law Center, the plaintiff asked the court for monetary damages,.

The complaint alleged that the IDOC employees were never disciplined for their role in his rape investigation. The plaintiff began serving a term of imprisonment with the Illinois Department of Corrections in February 2011. At a prison, his cellmate made physical contact with him. The plaintiff reported the incident to officer in charge and was moved to Health Care Unit. The plaintiff received a disciplinary ticket for providing false information about his alleged sexual assault. His cellmate passed the lie detector test and the plaintiff claimed he was threatened into recanting his allegation and the investigation was conducted in a retaliatory manner.

The parties scheduled discovery. On April 16, 2012, the IDOC moved to dismiss part of the complaint, claiming state sovereign immunity. On June 27, 2012, the court (Judge Sue E. Myerscough) denied the motion, determining that a factual record needed to be more fully developed. 2012 WL 2459399. On July 12, 2013, Judge Sue E. Myerscough granted a motion to compel discovery. 2013 WL 3712406.

After more than two years of discovery, on March 23, 2015, the defendants moved for summary judgment. On March 28, 2016, Judge Sue E. Myerscough denied the motion; the case went to jury trial in June 2016. In the middle of the third day of trial, the parties reported to the Court that they had settled.

On September 2016, the plaintiff and the defendants submitted a stipulation of settlement and request for dismissal to the court. The settlement itself is not part of the public court record. But according to the Chicago Tribune, the IDOC agreed to pay the plaintiff $450,000.

On September 8, 2016, Judge Myerscough dismissed this case with prejudice, each party to bear their own costs.

Summary Authors

Susie Choi (1/25/2017)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4957229/parties/fontano-v-godinez/


Judge(s)

Myerscough, Sue Ellen (Illinois)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Illinois)

Bowman, Locke E. III (Illinois)

del Valle, Vanessa (Illinois)

Mills, Alan S. (Illinois)

Van Brunt, Alexa A. (Illinois)

Attorneys(s) for Defendant

Cook, Lisa A. (Illinois)

Fanning, Robert L. (Illinois)

Guetzow, Adam Scott (Illinois)

Heaton, Rodger A. (Illinois)

Judge(s)

Myerscough, Sue Ellen (Illinois)

Attorneys(s) for Plaintiff

Bedi, Sheila A. (Illinois)

Bowman, Locke E. III (Illinois)

del Valle, Vanessa (Illinois)

Mills, Alan S. (Illinois)

Van Brunt, Alexa A. (Illinois)

Attorneys(s) for Defendant

Cook, Lisa A. (Illinois)

Fanning, Robert L. (Illinois)

Guetzow, Adam Scott (Illinois)

Heaton, Rodger A. (Illinois)

Higgerson, Christopher L. (Illinois)

Molloy, Margaret (Illinois)

Ramage, Andrew Michael (Illinois)

Ratz, Joshua D. (Illinois)

Documents in the Clearinghouse

Document

3:12-cv-03042

Docket [PACER]

Sept. 9, 2016

Sept. 9, 2016

Docket
1

3:12-cv-03042

Complaint

Feb. 9, 2012

Feb. 9, 2012

Complaint
28

3:12-cv-03042

Opinion

2012 WL 2459399

June 27, 2012

June 27, 2012

Order/Opinion
55

3:12-cv-03042

Opinion

2013 WL 3712406

July 12, 2013

July 12, 2013

Order/Opinion
107

3:12-cv-03042

Order

March 28, 2016

March 28, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4957229/fontano-v-godinez/

Last updated Aug. 25, 2022, 3:23 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 350 receipt number 0753-1311118.), filed by James Fontano. (Attachments: # 1 Exhibit Ex. A: Offender Disciplinary Report, # 2 Exhibit Ex. B: Final Summary Report)(Van Brunt, Alexa) (Additional attachment(s) added on 2/14/2012: # 3 Civil Cover Sheet) (DM, ilcd). (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

PACER
2

NOTICE of Appearance of Attorney by Alexa Van Brunt on behalf of James Fontano (Van Brunt, Alexa) (Entered: 02/09/2012)

Feb. 9, 2012

Feb. 9, 2012

PACER
3

WAIVER OF SERVICE Returned Executed by James Fontano. S.A. Godinez waiver sent on 2/14/2012, answer due 4/16/2012. (Van Brunt, Alexa) (Entered: 03/02/2012)

March 2, 2012

March 2, 2012

PACER
4

WAIVER OF SERVICE Returned Executed by James Fontano. Gary Bender waiver sent on 2/14/2012, answer due 4/16/2012. (Van Brunt, Alexa) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
5

WAIVER OF SERVICE Returned Executed by James Fontano. B. Call waiver sent on 2/14/2012, answer due 4/16/2012. (Van Brunt, Alexa) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
6

WAIVER OF SERVICE Returned Executed by James Fontano. Alex Dawson waiver sent on 2/14/2012, answer due 4/16/2012. (Van Brunt, Alexa) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
7

WAIVER OF SERVICE Returned Executed by James Fontano. Fishel waiver sent on 2/14/2012, answer due 4/16/2012. (Van Brunt, Alexa) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
8

WAIVER OF SERVICE Returned Executed by James Fontano. Villa Jennings waiver sent on 2/14/2012, answer due 4/16/2012. (Van Brunt, Alexa) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
9

WAIVER OF SERVICE Returned Executed by James Fontano. Saleh Obaisi waiver sent on 2/14/2012, answer due 4/16/2012. (Van Brunt, Alexa) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
10

WAIVER OF SERVICE Returned Executed by James Fontano. D. Simmons waiver sent on 2/14/2012, answer due 4/16/2012. (Van Brunt, Alexa) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
11

WAIVER OF SERVICE Returned Executed by James Fontano. Kevin Standley waiver sent on 2/14/2012, answer due 4/16/2012. (Van Brunt, Alexa) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
12

NOTICE of Appearance of Attorney by Locke E Bowman on behalf of James Fontano (Bowman, Locke) (Entered: 04/03/2012)

April 3, 2012

April 3, 2012

PACER
13

NOTICE of Appearance of Attorney by Andrew M Ramage on behalf of Saleh Obaisi (Ramage, Andrew) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
14

NOTICE of Appearance of Attorney by Rodger A Heaton on behalf of Saleh Obaisi (Heaton, Rodger) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
15

Designation of Lead Counsel by Andrew M Ramage on behalf of Saleh Obaisi. (Ramage, Andrew) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
16

CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Saleh Obaisi. (Ramage, Andrew) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER
17

MOTION for Protective Order HIPAA Qualified Protective Order by Defendant Saleh Obaisi. Responses due by 4/23/2012 (Attachments: # 1 Text of Proposed Order)(Ramage, Andrew) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

PACER

TEXT ORDER: The docket reflects that Defendants have signed waivers of service and their Answers are due on April 16, 2012. A scheduling conference pursuant to Federal Rule of Civil Procedure 16 is set for June 18, 2012 at 3:00 p.m. by telephone conference. The clerk will initiate the call. The parties are directed to file an agreed, proposed discovery plan by June 11, 2012 which includes dates for initial disclosures and addresses the issues listed in Local Rule 16.2 and Federal Rules of Civil Procedure 16(b) and 26. Entered by Judge Sue E. Myerscough on 04/05/2012. (DM, ilcd)

April 5, 2012

April 5, 2012

PACER
18

MOTION for Extension of Time to File Answer by Defendant Saleh Obaisi. Responses due by 4/30/2012 (Ramage, Andrew) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
19

MOTION to Dismiss Counts V and VI by Defendants Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley. Responses due by 5/3/2012 (Attachments: # 1 Memorandum of Law in Support of Motion to Dismiss Counts V and VI)(Higgerson, Christopher) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
20

ANSWER to 1 Complaint, AND AFFIRMATIVE DEFENSES by Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley.(Higgerson, Christopher) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
21

NOTICE of Appearance of Attorney by Alan Mills on behalf of James Fontano (Mills, Alan) (Entered: 04/25/2012)

April 25, 2012

April 25, 2012

PACER

TEXT ORDER: The unopposed motion for a protective HIPAA order filed by Defendant Obaisi is granted d/e 17 . The clerk is directed to affix the Court's electronic signature to the proposed order and to docket the order. Entered by Judge Sue E. Myerscough on 04/26/2012. (DM, ilcd) Added document hyperlink brackets on 4/27/2012 (ME, ilcd).

April 27, 2012

April 27, 2012

PACER
22

HIPAA QUALIFIED PROTECTIVE ORDER. Entered by Judge Sue E. Myerscough on 04/26/2012. (DM, ilcd) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
23

RESPONSE to Motion re 19 MOTION to Dismiss Counts V and VI filed by Plaintiff James Fontano. (Van Brunt, Alexa) (Entered: 04/30/2012)

April 30, 2012

April 30, 2012

PACER
24

MOTION to Dismiss Counts II, III, IV, V and VI by Defendant Saleh Obaisi. Responses due by 5/24/2012 (Ramage, Andrew) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER
25

MEMORANDUM OF LAW IN SUPPORT OF re 24 MOTION to Dismiss Counts II, III, IV, V and VI by Saleh Obaisi. (Ramage, Andrew) (Entered: 05/07/2012)

May 7, 2012

May 7, 2012

PACER

TEXT ORDER: Dr. Obaisi's unopposed motion for an extension to file his Answer is granted (d/e 18). Entered by Judge Sue E. Myerscough on 05/10/2012. (DM, ilcd)

May 10, 2012

May 10, 2012

PACER
26

RESPONSE to Motion re 24 MOTION to Dismiss Counts II, III, IV, V and VI filed by Plaintiff James Fontano. (Van Brunt, Alexa) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
27

DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by James Fontano. (Van Brunt, Alexa) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

PACER

TEXT ORDER: The conference scheduled for June 18, 2012 is rescheduled to July 2, 2012 at 1:30 p.m., or as soon thereafter as the Court may hear the case, in order to allow more time for the Court to rule on the pending motions to dismiss. Entered by Judge Sue E. Myerscough on 06/11/2012. (DM, ilcd)

June 11, 2012

June 11, 2012

PACER
28

OPINION entered by Judge Sue E. Myerscough on 06/27/2012. SEE WRITTEN OPINION. Dr. Obaisi's motion to dismiss is denied (d/e 24 ). The motion to dismiss by Defendants Bender, et al., is denied (d/e 19 ). The parties' joint, proposed discovery plan is adopted (d/e 27 ), except that the proposed trial date does not give the Court enough time to rule on dispositive motions. The final pretrial conference is set for January 7, 2014 at 1:30 p.m. by personal appearance of counsel. The proposed, agreed final pretrial order is due December 21, 2013. The jury selection and trial are scheduled on the Court's trailing trial calendar for February 5, 2014. The actual date for jury selection and trial will be determined at the final pretrial conference. The status conference scheduled for July 2, 2012 is cancelled as unnecessary. (DM, ilcd) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

RECAP
29

Amended ANSWER to 1 Complaint, AND AFFIRMATIVE DEFENSES by Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley.(Higgerson, Christopher) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

PACER
30

MOTION for Extension of Time to File Answer re 1 Complaint, by Defendant Saleh Obaisi. Responses due by 7/30/2012 (Ramage, Andrew) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

PACER
31

STATUS REPORT Pertaining to the Discovery of Electronically Stored Information (Joint) by James Fontano. (Van Brunt, Alexa) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER

TEXT ORDER: Defendant Obaisi's motion to extend his deadline for filing an Answer is granted (d/e 30). The Court adopts the parties' agreed report governing the discovery of electronically stored information (d/e 31). Entered by Judge Sue E. Myerscough on 07/20/2012. (DM, ilcd)

July 20, 2012

July 20, 2012

PACER
32

ANSWER to 1 Complaint, AND AFFIRMATIVE DEFENSES by Saleh Obaisi.(Ramage, Andrew) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
33

CERTIFICATE OF SERVICE by Saleh Obaisi re: Defendant Obaisi's Initial Rule 26 Disclosure (Ramage, Andrew) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER

NOTICE of Hearing: A telephone conference is set for 4:00 p.m. today, September 4, 2012. The clerk will initiate the call. (CT, ilcd)

Sept. 4, 2012

Sept. 4, 2012

PACER

Minute Entry for proceedings held before Judge Sue E. Myerscough: STATUS CONFERENCE. Plaintiffs represented by Attorneys Locke F. Bowman, Alan Mills, and Alexa Van Brunt. Defendants represented by Attorneys Christopher L. Higgerson and Andrew M. Ramage. On Court's own motion Status Hearing called to discuss possible conflict of interest. Parties to advise Court in writing by Friday, 9/7/2012 of their decisions. Hearing adjourned. (Court Reporter KS.) (CT, ilcd)

Sept. 4, 2012

Sept. 4, 2012

PACER
34

NOTICE OF COMPLIANCE (Ramage, Andrew) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER
35

NOTICE Regarding Conflict re Status Conference, (Higgerson, Christopher) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
36

CERTIFICATE OF SERVICE by Saleh Obaisi Re: Defendant Saleh Obaisi's Answers to Plaintiff James Fontano's First Set of Interrogatories and Defendant Saleh Obaisi's Response to Plaintiff James Fontano's First Set of Requests for Production of Documents (Ramage, Andrew) (Entered: 09/12/2012)

Sept. 12, 2012

Sept. 12, 2012

PACER

Set/Reset Deadlines: Deadlines set pursuant to the Proposed Discovery Plan, d/e 27 filed on 5/31/2012 and the Court's Opinion of 6/27/2012, d/e 28 . Discovery due by 12/21/2012. Plaintiff's Expert Disclosure due by 1/25/2013. Defendant's Expert Disclosure due by 5/24/2013. Motions due by 8/22/2013. (MAS, ilcd)

Oct. 1, 2012

Oct. 1, 2012

PACER
37

MOTION for Protective Order (Agreed) by Plaintiff James Fontano. Responses due by 11/13/2012 (Attachments: # 1 Exhibit A: Proposed Agreed Protective Order)(Van Brunt, Alexa) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER

TEXT ORDER: Plaintiff's motion for entry of an agreed protective order is granted (d/e 37 ). The clerk is directed to affix the Court's electronic signature to the proposed order and to docket the order. Entered by Judge Sue E. Myerscough on 10/26/2012. (DM, ilcd)

Oct. 26, 2012

Oct. 26, 2012

PACER
38

AGREED PROTECTIVE ORDER. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 10/26/2012. (DM, ilcd) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER
39

MOTION to Compel by Plaintiff James Fontano. Responses due by 12/10/2012 (Attachments: # 1 Exhibit A:Plaintiff's First Set of Requests for Production, # 2 Exhibit B:Defendants' Amended Response to Plaintiff's Request for Production, # 3 Exhibit C: Parties' correspondence, # 4 Exhibit D: Agreed Protective Order, # 5 Exhibit E: Letter from counsel for IDOC Defendants, # 6 Exhibit F: IDOC redacted discovery, # 7 Exhibit G: Defendants' Response to Plaintiff's First Set of Interrogatories, # 8 Exhibit H: Defendants' Response to Plaintiff's Second Set of Interrogatories)(Van Brunt, Alexa) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
40

MOTION for Extension of Time to Complete Discovery (Agreed) by Plaintiff James Fontano. Responses due by 12/10/2012 (Van Brunt, Alexa) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

PACER
41

STRICKEN PER TEXT ORDER of 12/11/2012. RESPONSE to Motion re 39 MOTION to Compel filed by Defendants Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley. (Higgerson, Christopher) Modified on 12/11/2012 (DM, ilcd). (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
42

MOTION to Strike 41 Response to Motion to Compel by Defendant D. Simmons. Responses due by 1/2/2013 (Higgerson, Christopher) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
43

RESPONSE to Motion re 39 MOTION to Compel filed by Defendants Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley. (Higgerson, Christopher) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER

TEXT ORDER: Plaintiff's agreed motion to extend the fact discovery deadline to March 21, 2013 is granted (d/e 40 ). Defendants' motion to strike their first response to the motion to compel is granted (d/e 42 ). The clerk is directed to strike document 41. Plaintiff's motion to compel is denied (d/e 39 ) with leave to renew if Plaintiff does not receive the information promised in Defendants' response (d/e 43 ). Entered by Judge Sue E. Myerscough on 12/11/2012. (DM, ilcd)

Dec. 11, 2012

Dec. 11, 2012

PACER
44

Second MOTION to Compel and Renewed First Motion to Compel by Plaintiff James Fontano. Responses due by 1/28/2013 (Attachments: # 1 Exhibit A: Plaintiff's 2nd RFP to IDOC Defendants, # 2 Exhibit B: Plaintiff's 3rd Set of Interrogatories to IDOC Defendants, # 3 Exhibit C: Defendants' Objections to 2nd RFP and 3rd Set of Interrogatories, # 4 Exhibit D: December 12, 2012 Letter Van Brunt to Higgerson, # 5 Exhibit E: December 24, 2012 Letter Higgerson to Van Brunt)(Van Brunt, Alexa) (Entered: 01/10/2013)

Jan. 10, 2013

Jan. 10, 2013

PACER
45

RESPONSE to Motion re 44 Second MOTION to Compel and Renewed First Motion to Compel filed by Defendants Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley. (Higgerson, Christopher) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

PACER
46

MOTION for Leave to File Reply Memorandum by Plaintiff James Fontano. Responses due by 2/19/2013 (Attachments: # 1 Exhibit A: Reply Memorandum to the IDOC Defendants' Response to Plaintiff's Second Motion to Compel and Renewed Motion to Compel)(Van Brunt, Alexa) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER
47

CERTIFICATE OF SERVICE by Saleh Obaisi Re: Defendant Dr. Saleh Obaisi's First Set of Interrogatories Propounded Upon Plaintiff and Dr. Saleh Obaisi's Request for Production of Documents and Things to Plaintiff (Ramage, Andrew) (Entered: 02/12/2013)

Feb. 12, 2013

Feb. 12, 2013

PACER
48

MOTION FOR LEAVE TO DEPOSE INMATE, QUENTIN ROBINSON #R11577, VIA VIDEO CONFERENCE by Defendant Saleh Obaisi. Responses due by 3/28/2013 (Ramage, Andrew) (Entered: 03/11/2013)

March 11, 2013

March 11, 2013

PACER

TEXT ORDER: Defendant Obaisi's motion to depose inmate Robinson via video conference is granted (d/e 48 ). Defendant Obaisi is responsible for arranging the deposition. Plaintiff's unopposed motion for leave to file a reply is granted (d/e 46 ). The clerk is directed to separately docket Plaintiff's reply. Entered by Judge Sue E. Myerscough on 03/13/2013. (DM, ilcd)

March 13, 2013

March 13, 2013

PACER
49

Plaintiff's REPLY to Defendants' Response to 44 Second MOTION to Compel and Renewed First Motion to Compel filed by Plaintiff James Fontano. (DM, ilcd) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

PACER
50

Second MOTION for Extension of Time to Complete Discovery (Agreed) by Plaintiff James Fontano. Responses due by 4/4/2013 (Van Brunt, Alexa) (Entered: 03/18/2013)

March 18, 2013

March 18, 2013

PACER
51

NOTICE to Take Deposition of QUENTIN ROBINSON #R11577 on Wednesday, March 27, 2013 at 2:00 p.m. (Ramage, Andrew) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER

TEXT ORDER: Plaintiff's unopposed motion to extend the fact discovery deadline is granted (d/e 50 ). The deadline for fact discovery is vacated. The fact discovery deadline will be rescheduled after the Court rules on the pending motion to compel and after consultation with the parties regarding what discovery remains. The dispositive motion deadline is vacated, to be rescheduled when the fact discovery deadline is rescheduled. Entered by Judge Sue E. Myerscough on 03/19/2013. (DM, ilcd)

March 19, 2013

March 19, 2013

PACER
52

MOTION to Compel Third Party Production by Plaintiff James Fontano. Responses due by 5/3/2013 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Van Brunt, Alexa) (Entered: 04/16/2013)

April 16, 2013

April 16, 2013

PACER
53

RESPONSE to Motion re 52 MOTION to Compel Third Party Production filed by Respondent William Barnes. (Higgerson, Christopher) (Entered: 05/03/2013)

May 3, 2013

May 3, 2013

PACER
54

MOTION to Quash Subpoena by Respondent William Barnes. Responses due by 7/15/2013 (Attachments: # 1 Subpoena to Testify)(Higgerson, Christopher) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

PACER
55

OPINION: Plaintiff's renewed motion to compel is granted (d/e 44 ) as provided in paragraph (3). Plaintiff's motion to compel third party production against the IDOC is granted (d/e 52 ). By August 12, 2013, Defendants and/or the IDOC are directed to provide to Plaintiff information as provided in paragraph (3). Status Conference set for 9/17/2013 at 03:30 PM by telephone from Springfield (court will place call) before Judge Sue E. Myerscough. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 7/12/2013. (ME, ilcd) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

RECAP
56

RESPONSE to Motion re 54 MOTION to Quash Subpoena filed by Plaintiff James Fontano. (Attachments: # 1 Exhibit A: Defendant Obaisi Deposition Excerpts)(Van Brunt, Alexa) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
57

CERTIFICATE OF SERVICE by Saleh Obaisi Answers to Plaintiff James Fontano's Second Set of Interrogatories (Guetzow, Adam) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
58

NOTICE of Appearance of Attorney by Adam Scott Guetzow on behalf of Saleh Obaisi (Guetzow, Adam) (Entered: 08/12/2013)

Aug. 12, 2013

Aug. 12, 2013

PACER
59

MOTION for Sanctions and a Finding of Contempt by Plaintiff James Fontano. Responses due by 9/20/2013 (Attachments: # 1 Exhibit A)(Van Brunt, Alexa) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER

Minute Entry for proceedings held before Judge Sue E. Myerscough: STATUS CONFERENCE held on September 17, 2013. Attorneys Sheila Bedi, Alan Mills and Alexa Van Brunt present via telephone on behalf of Plaintiff. Assistant Attorney General Christopher Higgerson present via telephone on behalf of Defendants Godinez, Dawson, Standley, Simmons, Bender, Jennings, Call, Fishel and Barnes. Attorney Andrew Ramage present via telephone on behalf of Defendant Obaisi. Discussion held regarding Motion to Quash (d/e 54 ) and Motion for Sanctions and a Finding of Contempt (d/e 59 ). Status of discovery addressed. Deadlines set. Order to enter. Hearing adjourned. (Court Reporter KS.) (DM, ilcd)

Sept. 17, 2013

Sept. 17, 2013

PACER
60

CASE MANAGEMENT ORDER entered by Judge Sue E. Myerscough on 09/20/2013. SEE WRITTEN ORDER. Deadlines set as follows: Fact discovery ends January 17, 2014. Plaintiff's expert disclosure deadline is March 17, 2014. Defendants' expert disclosure deadline is May 17, 2014. The expert discovery deadline is July 17, 2014. Dispositive motions are due September 17, 2014. The final pretrial and trial dates are vacated, to be rescheduled, if necessary, after the Court rules on dispositive motions.(DM, ilcd) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

PACER
61

RESPONSE to Motion re 59 MOTION for Sanctions and a Finding of Contempt filed by Defendant S.A. Godinez. (Higgerson, Christopher) (Entered: 09/20/2013)

Sept. 20, 2013

Sept. 20, 2013

PACER
62

Response by Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley PRODUCTION PURSUANT TO THE COURT'S ORDER OF JULY 12, 2013. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit C1, # 5 Exhibit C2, # 6 Exhibit C3, # 7 Exhibit C4)(Higgerson, Christopher) (Entered: 09/27/2013)

Sept. 27, 2013

Sept. 27, 2013

PACER
63

Response by Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley re 60 Order on Motion for Sanctions,, Terminate Deadlines and Hearings, Set/Reset Deadlines:,,,,,,,, . (Higgerson, Christopher) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
64

MOTION for Sanctions (Renewed) by Plaintiff James Fontano. Responses due by 11/29/2013 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Van Brunt, Alexa) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
65

MOTION for Hearing by Plaintiff James Fontano. Responses due by 12/9/2013 (Van Brunt, Alexa) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

PACER
66

REPLY to Response to Motion re 64 MOTION for Sanctions (Renewed) For Discovery, Sanctions and Attorneys' Fees filed by Defendants Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley. (Higgerson, Christopher) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

PACER
67

MOTION for Protective Order by Defendants Gary Bender, B. Call, Alex Dawson, Fishel, S.A. Godinez, Villa Jennings, D. Simmons, Kevin Standley. Responses due by 1/2/2014 (Higgerson, Christopher) (Entered: 12/16/2013)

Dec. 16, 2013

Dec. 16, 2013

PACER
68

MEMORANDUM in Opposition re 67 MOTION for Protective Order filed by Plaintiff James Fontano. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Van Brunt, Alexa) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
69

Third MOTION for Extension of Time to Complete Discovery (Unopposed) by Plaintiff James Fontano. Responses due by 2/3/2014 (Attachments: # 1 Exhibit A)(Van Brunt, Alexa) (Entered: 01/17/2014)

Jan. 17, 2014

Jan. 17, 2014

PACER

TEXT ORDER: Plaintiff's motion to set in-person hearing on the status of discovery 65 is GRANTED. The hearing is set for February 10, 2014, at 2:30 p.m. However, the Court will conduct the hearing by video conferencing rather than in-person. The Court's video conference system was established as a cost-savings mechanism for just this type of hearing. The Court will be able to view the parties and all attorneys on the main screen that is (approximately) ten feet by fourteen feet. In addition, the courtroom contains ten other smaller, individualized screens on which the Court will be able to view the parties and their attorneys. The Court will consider all pending motions at this hearing. The Clerk of the Court is directed to send a video writ to the place of Plaintiff's institution notifying the institution of the hearing and Plaintiff's participation therein. The parties should contact the clerk's office no later than a week in advance of the hearing in order to make arrangements to appear by video conferencing. Entered by Judge Sue E. Myerscough on 01/28/2014. (DM, ilcd)

Jan. 29, 2014

Jan. 29, 2014

PACER

CORRECTED TEXT ORDER: Upon review of the Complaint, it appears that Plaintiff is no longer incarcerated within the IDOC. Accordingly, the Clerk of the Court need not prepare and send a video writ for Plaintiff's appearance. Instead, Plaintiff may attend the hearing via video conference at the same location as his counsel. Otherwise, the Court's prior text order remains in full force and effect. Entered by Judge Sue E. Myerscough on 01/29/2014. (DM, ilcd)

Jan. 29, 2014

Jan. 29, 2014

PACER

Minute Entry for proceedings held before Judge Sue E. Myerscough: Status Conference held on 2/10/2014. Alan Mills, Alexa Van Brunt and Sheila Bedi present via video conferencing on behalf of Plaintiff, James Fontano. Christopher Higgerson present in person on behalf of Defendants Godinez; Dawson; Standley; Simmons; Bender; Jennings; Call and Fishel. Edward Huntley present in person on behalf of IDOC Defendants. Andrew Ramage present in person on behalf of Defendant Obaisi. Discussion held regarding pending motions and deadlines. Further discussion held regarding the status of the deposition of Defendant Godinez. Motion to extend discovery deadline GRANTED. (ORDER TO ENTER) (Court Reporter KS) (MAS, ilcd)

Feb. 10, 2014

Feb. 10, 2014

PACER

TEXT ORDER: Pursuant to instructions from Chief Judge James E. Shadid, the assignment of this case to Magistrate Judge Byron G. Cudmore is withdrawn due to his resignation. The district judge assigned to this case will handle all matters until a new magistrate judge is appointed. Entered by Chief Judge James E. Shadid on 2/11/2014. (MC, ilcd)

Feb. 12, 2014

Feb. 12, 2014

PACER
70

ORDER entered by Judge Sue E. Myerscough on 2/12/2014. Respondent William Barnes' Motion to Quash Subpoena, d/e 54 is DENIED AS MOOT. Plaintiff's Motion for Sanctions, d/e 64 is GRANTED IN PART and DENIED IN PART. Defendants' Motion for a Protective Order, d/e 67 is GRANTED. Plaintiff's Third Motion for Extension of Time to Complete Discovery, d/e 69 is GRANTED. The discovery deadline is extended by ninety (90) days. Entered by Judge Sue E. Myerscough on 2/12/2014. (MAS, ilcd) (Entered: 02/12/2014)

Feb. 12, 2014

Feb. 12, 2014

PACER
71

MOTION for Extension of Time to Complete Discovery (Unopposed Motion to Extend Additional Discovery Deadlines) by Plaintiff James Fontano. Responses due by 3/17/2014 (Van Brunt, Alexa) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
72

MOTION to Dismiss Defendant S.A. Godinez (Unopposed) by Plaintiff James Fontano. Responses due by 3/27/2014 (Van Brunt, Alexa) (Entered: 03/10/2014)

March 10, 2014

March 10, 2014

PACER

TEXT ORDER: Plaintiff's unopposed motion to voluntarily dismiss Defendant S.A. Godinez 72 is GRANTED. Accordingly, Defendant S.A. Godinez is hereby dismissed without prejudice as a party Defendant pursuant to Federal Rule of Civil Procedure 41. Entered by Judge Sue E. Myerscough on 3/18/2014. (MJ, ilcd)

March 18, 2014

March 18, 2014

PACER

TEXT ORDER: Plaintiff's unopposed motion to extend deadlines for expert disclosures, expert discovery, and dispositive motions 71 is GRANTED. Accordingly, Plaintiff's expert disclosure deadline is extended to June 16, 2014. Defendants' expert disclosure deadline is extended to August 15, 2014. The expert discovery deadline is extended to October 15, 2014. Dispositive motions must be filed by December 16, 2014. Entered by Judge Sue E. Myerscough on 3/18/2014. (MJ, ilcd)

March 18, 2014

March 18, 2014

PACER

TEXT ORDER: Pursuant to instructions from Chief Judge James E. Shadid, this case is now referred to Magistrate Judge Tom Schanzle-Haskins due to his appointment as U.S. Magistrate Judge for the Central District of Illinois. Entered by Chief Judge James E. Shadid on 3/26/14. (DK, ilcd)

March 26, 2014

March 26, 2014

PACER
73

MOTION to Compel Third Party Illinois Department of Corrections by Plaintiff James Fontano. Responses due by 5/19/2014 (Attachments: # 1 Exhibit A: Physical Evidence Subpoena, # 2 Exhibit B: Correspondence, # 3 Exhibit C: Inspection Subpoena, # 4 Exhibit D: November 2013 30(b)(6) Notice of Deposition, # 5 Exhibit E: January 2014 30(b)(6) Subpoena, # 6 Exhibit F: Keane Dep. Excerpts, # 7 Exhibit G: Austin Dep. Excerpts)(Van Brunt, Alexa) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
74

MOTION for Hearing by Plaintiff James Fontano. Responses due by 5/23/2014 (Van Brunt, Alexa) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
75

RESPONSE to Motion re 73 MOTION to Compel Third Party Illinois Department of Corrections filed by Respondent William Barnes. (Higgerson, Christopher) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER
76

MOTION for Extension of Time to Complete Discovery (Unopposed) by Plaintiff James Fontano. Responses due by 7/3/2014 (Van Brunt, Alexa) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
77

Amended MOTION for Extension of Time to Complete Discovery (Unopposed) by Plaintiff James Fontano. Responses due by 7/10/2014 (Van Brunt, Alexa) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

PACER
78

ORDER: Plaintiff's motion 76 and amended motion 77 to extend the deadline for fact discovery, expert disclosures, expert discovery, and dispositive motion are GRANTED. Accordingly, the discovery deadline is extended to July 16, 2014. Plaintiff's expert disclosure deadline is extended to August 16, 2014. Defendants' expert disclosure deadline is extended to September 15, 2014. The expert discovery deadline is extended to November 14, 2014. The dispositive deadline motion is extended to January 15, 2015. Plaintiff's motion to set an in-person hearing on the status of discovery 74 is DENIED. Plaintiff's motion to compel 73 is DENIED as moot. Entered by Magistrate Judge Tom Schanzle-Haskins on 7/17/2014. (GL, ilcd) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
79

MOTION for Extension of Time to Complete Discovery (Unopposed) by Plaintiff James Fontano. Responses due by 9/12/2014 (Van Brunt, Alexa) (Entered: 08/26/2014)

Aug. 26, 2014

Aug. 26, 2014

PACER

TEXT ORDER. Plaintiff's unopposed motion to extend deadlines for expert disclosures, expert discovery, and dispositive motions 79 is GRANTED. Accordingly, Plaintiff's expert disclosure deadline is extended to September 5, 2014. Defendants' expert disclosure deadline is extended to October 6, 2014. The expert discovery deadline is extended to December 5, 2014. Dispositive motions must be filed by February 5, 2015. Entered by Magistrate Judge Tom Schanzle-Haskins on 9/10/2014. (ME, ilcd)

Sept. 10, 2014

Sept. 10, 2014

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 9, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Former prisoner at Logan Correctional Facility

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Uptown People's Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

S.A. Godinez, Alex Dawson, John Doe, Kevin Standley, D. Simmons, Gary Bender, Villa Jennings, B. Call and Saleh Obaisi, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 450,000

Issues

General:

Sexual abuse by residents/inmates

Type of Facility:

Non-government for-profit