Case: Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings

1:17-cv-04518 | U.S. District Court for the Northern District of Illinois

Filed Date: March 30, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 30, 2017, an organization called Tent City Alternative to LSD Viaducts and a community resident activist submitted a Notification of Public Assembly to the City of Chicago Department of Administrative Hearings. They requested a permit to erect tents on behalf of the homeless population, who would be displaced by construction. The City granted a permit as to the location for the duration sought, but without a provision that would allow the erection of tents. On May 17, the plaintiffs re…

On March 30, 2017, an organization called Tent City Alternative to LSD Viaducts and a community resident activist submitted a Notification of Public Assembly to the City of Chicago Department of Administrative Hearings. They requested a permit to erect tents on behalf of the homeless population, who would be displaced by construction. The City granted a permit as to the location for the duration sought, but without a provision that would allow the erection of tents. On May 17, the plaintiffs responded by filing a lawsuit in the Circuit Court of Cook County.

On June 15, 2017, the defendant City of Chicago removed the action to the U.S. District Court for the Northern District of Illinois. The case was assigned to Judge Sidney Schenkier. In September, the court granted a motion to change the name of the plaintiffs to The Uptown Tent City Organizers. The Uptown Tent City Organizers is an unincorporated association of community members, some of whom reside in tents under the viaducts near Lake Shore Drive.

On August 1, the plaintiffs filed a first amended complaint under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202 against the Chicago Department of Administrative Hearings, Chicago Department of Transportation, and City of Chicago. The first amended complaint claimed that denial of the permit to erect tents violated the plaintiffs' First Amendment rights to public assembly, Eighth Amendment rights against cruel and unusual punishment, and rights under state law. The plaintiffs sought a reversal of the city's decision to deny the permit (granting the application for an assembly permit to run for a period of six months), declaratory relief, injunctive relief, and attorney's fees and costs.

On August 27, the plaintiffs requested a preliminary injunction to prevent the construction work from occurring that would displace the homeless community. On September 15, Judge Sidney I. Schenkier denied the motion on the basis that the government did not have the constitutional obligation to provide individuals with a place to live and the community did not have a contractual right to live under the viaducts.

On November 7, the plaintiffs filed a second amended complaint to add federal constitutional violations under the Fourth and Fifth Amendments and a state claim of violation of the Illinois Homeless Act. The amended complaint included details of events that precipitated in September between the plaintiffs and local law enforcement. The plaintiffs again sought a reversal of the administrative hearing decision to deny the permits, declaratory relief, a permanent injunction, and attorney's fees and costs.

The defendants filed a motion to dismiss on January 19, 2018. Judge Schenkier granted this motion and dismissed the case with prejudice on June 5, 2018. The court held that the organization lacked standing because it failed to allege that any of its members would be personally harmed by the City's conduct. And the court dismissed the individual plaintiff's First Amendment claim because the plaintiff had not alleged that the proposed conduct would be expressive. Finally, the court declined to exercise jurisdiction over the remaining state law claims. 2018 WL 2709431.

The case is ongoing

Summary Authors

Chelsea Rinnig (1/30/2018)

Alex Moody (4/12/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6314358/parties/uptown-tent-city-organizers-v-city-of-chicago-department-of-administrative/


Judge(s)

Schenkier, Sidney I. (Illinois)

Attorneys(s) for Plaintiff

Armour, Molly (Illinois)

Frank, Jeffrey (Illinois)

Mills, Alan S. (Illinois)

Nicholas, Adele D. (Illinois)

Ritacca, Susan Hathaway (Illinois)

Schult, Nicole (Illinois)

Attorneys(s) for Defendant

Gandurski, Kelley A. (Illinois)

Mine, Andrew S. (Illinois)

Siskel, Edward N. (Illinois)

Judge(s)

Schenkier, Sidney I. (Illinois)

Attorneys(s) for Plaintiff

Armour, Molly (Illinois)

Frank, Jeffrey (Illinois)

Mills, Alan S. (Illinois)

Nicholas, Adele D. (Illinois)

Ritacca, Susan Hathaway (Illinois)

Schult, Nicole (Illinois)

Attorneys(s) for Defendant

Gandurski, Kelley A. (Illinois)

Mine, Andrew S. (Illinois)

Siskel, Edward N. (Illinois)

Sobota, Margaret (Illinois)

Worseck, Andrew W (Illinois)

Documents in the Clearinghouse

Document

1:17-cv-04518

Docket [PACER]

Uptown Tent City Organizers v. City of Chicago

June 5, 2018

June 5, 2018

Docket
1

1:17-cv-04518

Notice of Removal

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

June 15, 2017

June 15, 2017

Pleading / Motion / Brief
23

1:17-cv-04518

First Amended Complaint

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

Aug. 1, 2017

Aug. 1, 2017

Complaint
25

1:17-cv-04518

Plaintiff's Motion for a Preliminary Injunction

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

Aug. 27, 2017

Aug. 27, 2017

Pleading / Motion / Brief
48

1:17-cv-04518

Second Amended Complaint

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

Nov. 7, 2017

Nov. 7, 2017

Complaint
56

1:17-cv-04518

Defendants' Rule 12(b)(1) and 12(b)(6) Motion to Dismiss Counts II-VI of Plaintiffs' Second Amended Complaint

Uptown Tent City Organizers v. City of Chicago Department of Administrative Hearings et. al.

Jan. 19, 2018

Jan. 19, 2018

Pleading / Motion / Brief
56

1:17-cv-04518

Defendants' Rule 12(b)(1) and 12(b)(6) Motion to Dismiss Counts II-VI of Plaintiffs' Second Amended Complaint

Jan. 19, 2018

Jan. 19, 2018

Pleading / Motion / Brief
75

1:17-cv-04518

Memorandum Opinion and Order

2018 WL 2709431

June 5, 2018

June 5, 2018

Order/Opinion
76

1:17-cv-04518

Judgment in a Civil Case

Uptown Tent City Organizers v. City of Chicago Department of Administration

June 5, 2018

June 5, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6314358/uptown-tent-city-organizers-v-city-of-chicago-department-of-administrative/

Last updated Aug. 6, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2017 M1 450151) filed by City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation (Gandurski, Kelley) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
2

CIVIL Cover Sheet (Gandurski, Kelley) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
3

ATTORNEY Appearance for Defendants City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation by Kelley A. Gandurski (Gandurski, Kelley) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER

CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (meg, )

June 15, 2017

June 15, 2017

PACER
4

MINUTE entry before the Honorable John J. Tharp, Jr: This case is set for an initial status conference on 7/6/17 at 9:00 a.m. The parties are directed to review the procedures for initial status conferences, located at [https://www.ilnd.uscourts.gov/judge-info.aspx?79eF+7uiX7ewBj/ITKrjoA==], and to submit the required initial status report no later than 6/30/17. Mailed notice (ca, ) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
5

MAILED notice of removal letter to counsel of record (cc, ) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
6

ATTORNEY Appearance for Defendants City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation by Andrew S. Mine (Mine, Andrew) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
7

ATTORNEY Appearance for Defendants City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation by Margaret R. Sobota (Sobota, Margaret) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

PACER
9

CERTIFIED COPY OF ADMINISTRATIVE RECORD by Defendants City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation (Gandurski, Kelley) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
10

ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Alan S. Mills (Attachments: # 1 Certificate of Service)(Mills, Alan) (Entered: 06/29/2017)

1 Certificate of Service

View on PACER

June 29, 2017

June 29, 2017

PACER
11

ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Jeffrey H. Frank (Frank, Jeffrey) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
12

STATUS Report by City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation (Gandurski, Kelley) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
13

STATUS Report from Plaintiffs' by Tent City Alternative to LSD Viaducts, Andy Thayer (Mills, Alan) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
14

MINUTE entry before the Honorable John J. Tharp, Jr: Upon review of the Initial Status Report 12, the parties appear to consent to proceed before the assigned Magistrate Judge. The parties are therefore directed to sign and file the required consent form, available on the Court's web site, and the case will be transferred to Magistrate Judge Schenkier pursuant to Local Rule 73.1. The status hearing set on July 6, 2017 is stricken and will be reset only if the parties have failed to file a consent form by July 14, 2017. Mailed notice (ma,) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
15

JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Gandurski, Kelley) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
16

JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (Mills, Alan) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
17

MINUTE entry before the Honorable John J. Tharp, Jr: The parties having consented to proceed before the assigned Magistrate Judge 13, the case isreferred to the Executive Committee for reassignment to Magistrate Judge Schenkier. Mailed notice (air, ) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
18

ORDER REASSIGNING: Case to the Honorable Sidney I. Schenkier, pursuant to Local Rule 73.1 for all further proceedings, parties having consented to the reassignment. Honorable John J. Tharp, Jr no longer assigned to the case. Signed by Honorable John J. Tharp, Jr on 07/05/2017. (nsf, ) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
19

MINUTE entry before the Honorable Sidney I. Schenkier: The Court, sua sponte, sets the matter for a status hearing before the magistrate judge on 7/18/17 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 07/06/2017)

July 6, 2017

July 6, 2017

PACER
20

ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Adele D. Nicholas (Nicholas, Adele D.) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
21

ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Molly Armour (Armour, Molly) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
22

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. Plaintiffs' counsel further reports that he wishes to file an amended complaint and a motion for preliminary injunction. Plaintiffs' counsel is given leave to file his amended complaint by no later than 8/01/17; by agreement, that amended complaint shall include a specification of the errors that plaintiffs allege in the administrative proceeding. Plaintiffs' counsel shall submit a letter to defendants' counsel specifying what the parameters of any standstill agreement he proposes. By agreement, plaintiffs' counsel will not file a motion for preliminary injunction pending the filing of the amended complaint and the next status hearing. The matter is set for a status hearing before the magistrate judge on 8/09/17 at 9:00 a.m. for a report on how the parties wish to proceed with the case. Mailed notice. (jj, ) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
23

First AMENDED complaint by Tent City Alternative to LSD Viaducts, Andy Thayer against City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation, City of Chicago (Armour, Molly) Docket text modified on 8/2/2017 (ags, ). (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
24

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. Defendants' are given leave to file their response to the first amended complaint by 9/08/17. The matter is set for a status hearing before the magistrate judge on 9/13/17 at 8:15 a.m. Mailed notice. (jj, ) (Entered: 08/10/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
25

MOTION by Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer for preliminary injunction (Frank, Jeffrey) (Entered: 08/27/2017)

Aug. 27, 2017

Aug. 27, 2017

PACER
26

NOTICE of Motion by Jeffrey H. Frank for presentment of motion for preliminary injunction 25 before Honorable Sidney I. Schenkier on 8/31/2017 at 08:30 AM. (Frank, Jeffrey) (Entered: 08/27/2017)

Aug. 27, 2017

Aug. 27, 2017

PACER
27

MINUTE entry before the Honorable Sidney I. Schenkier: The Court, sua sponte, RESETS the TIME of the motion hearing regarding plaintiffs' motion for a preliminary injunction (doc. # 25 ) before the magistrate judge to 8/31/17 at 10:00 a.m. Mailed notice. (jj, ) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
28

MINUTE entry before the Honorable Sidney I. Schenkier: Motion hearing held. By agreement, the Court sets the following briefing schedule regarding plaintiffs' motion for a preliminary injunction (doc. # 25 ): defendants' response is due by no later than 5:00 p.m. on 9/07/17; no replies may be filed by plaintiff. For the reasons stated on the record, defense counsel's oral motion for an extension of time to file their answer is denied. Defendants' answer is to be filed by 9/07/17. The matter is set for a status hearing before the magistrate judge on 9/08/17 at 2:00 p.m. Mailed notice. (jj, ) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
29

ATTORNEY Appearance for Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation by Andrew W Worseck (Worseck, Andrew) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
30

ANSWER to Complaint by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation(Gandurski, Kelley) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
31

NOTICE by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation re answer to complaint 30 (Gandurski, Kelley) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
32

RESPONSE by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation to MOTION by Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer for preliminary injunction 25 (Attachments: # 1 Exhibit Exhibits A - E)(Worseck, Andrew) (Entered: 09/07/2017)

1 Exhibit Exhibits A - E

View on PACER

Sept. 7, 2017

Sept. 7, 2017

PACER
33

TRANSCRIPT OF PROCEEDINGS held on August 31, 2017 before the Honorable Sidney I. Schenkier. Court Reporter Contact Information: Ms. Joene Hanhardt, Official Court Reporter, 219 S. Dearborn St., Suite 1744-A, Chicago, Illinois 60604, 312-435-6874. 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 9/29/2017. Redacted Transcript Deadline set for 10/10/2017. Release of Transcript Restriction set for 12/7/2017. (Hanhardt, Joene) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
34

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. Defense counsel's unopposed oral motion for leave to participate in pre-hearing discovery is granted. By no later than 5:00 p.m. on 9/12/17, (1) each side shall provide to the other side a statement setting forth the substance of the testimony any witness called at the evidentiary hearing will provide, and (2) the parties are to submit to Judge Schenkier's proposed order box the statements from the administrative record (with page citations) that they wish the Court to consider. The parties shall meet and confer to attempt to reach a stipulation as to factual material relevant to standing. The status hearing set for 9/13/17 is hereby stricken. The matter is set for an evidentiary hearing before the magistrate judge on 9/14/17 at 10:00 a.m., and oral argument is set for 9/14/17 at 2:00 p.m. Mailed notice. (jj, ) (Entered: 09/08/2017)

Sept. 8, 2017

Sept. 8, 2017

PACER
35

ATTORNEY Appearance for Plaintiffs Tent City Alternative to LSD Viaducts, Andy Thayer by Nicole Rae Schult (Schult, Nicole) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
36

MOTION by Plaintiffs Tent City Alternative to LSD Viaducts, Andy ThayerCorrect Name of Plaintiff (Mills, Alan) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
37

NOTICE of Motion by Alan S. Mills for presentment of motion for miscellaneous relief 36 before Honorable Sidney I. Schenkier on 9/14/2017 at 10:00 AM. (Mills, Alan) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
38

MINUTE entry before the Honorable Sidney I. Schenkier: Telephone status hearing held with all counsel regarding the parties' proposed witnesses and exhibits for the 9/14/17 hearings. As stated on the record, the parties are to exchange each of their proposed stipulations by no later than 3:30 p.m. The parties are to further have a meet and confer (by telephone, if an in person meet and confer is not practicable) by no later than 5:00 p.m. for purposes of reaching agreement on the proposed stipulations. Any stipulations reached by the parties shall be submitted to Judge Schenkier's proposed order box by no later than 9:00 a.m. on 9/14/17. Mailed notice. (jj, ) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
40

LETTER from Plaintiff dated 9/12/17. (Exhibits). (jj, ) (Entered: 09/15/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
41

Abstract of the Record of Proceedings at the City of Chicago's Department of Administrative Hearings by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation. (jj, ) (Entered: 09/15/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
42

Agreed Undisputed Facts For Purposes Of Preliminary Injunction Evidentiary Hearing by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation, Andy Thayer, Uptown Tent City Organizers. (jj, ) (Entered: 09/15/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
39

MINUTE entry before the Honorable Sidney I. Schenkier: Motion hearings held. For the reasons stated on the record, plaintiffs' motion to correct the name of plaintiff "Tent City Alternative to LSD Viaducts" (doc. # 36 ) is granted. We hereby ask the Clerk of the Court to correct the name of that plaintiff to Uptown Tent City Organizers. Evidentiary hearing held on plaintiffs' motion for preliminary injunction (doc. # 25 ). Evidentiary proceeding concluded. Oral argument held. As stated on the record, plaintiffs' motion for a preliminary injunction (doc. # 25 ) is taken under advisement. The matter is set for ruling on the motion before the magistrate judge on 9/15/17 at 1:30 p.m. Mailed notice. (jj, ) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
43

MINUTE entry before the Honorable Sidney I. Schenkier: Ruling on motion hearing held. For the reasons stated on the record, plaintiffs' motion for a preliminary injunction (doc. # 25 ) is denied. The matter is set for a status hearing before the magistrate judge on 9/26/17 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
44

TRANSCRIPT OF PROCEEDINGS held on 9-15-17 before the Honorable Sidney I. Schenkier. Ruling. Court Reporter Contact Information: Sandra M. Mullin, Sandra_Mullin@ilnd.uscourts.gov, 312-554-8244. 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 10/12/2017. Redacted Transcript Deadline set for 10/23/2017. Release of Transcript Restriction set for 12/20/2017. (Mullin, Sandra) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER
45

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. Plaintiffs' unopposed oral motion for leave to file a motion to amend the complaint is granted. Plaintiffs' motion for leave to file an amended complaint (with the attached proposed amendment) is to be filed by 10/24/17. The matter is set for a status and motion hearing before the magistrate judge on 10/31/17 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
46

MOTION by Plaintiffs Andy Thayer, Uptown Tent City Organizers for extension of time to amend complaint (Attachments: # 1 Notice of Filing)(Mills, Alan) (Entered: 10/25/2017)

1 Notice of Filing

View on PACER

Oct. 25, 2017

Oct. 25, 2017

PACER
47

MINUTE entry before the Honorable Sidney I. Schenkier: Plaintiffs' motion for extension of time to file an amended complaint (doc. # 46 ) is granted; no appearance on the motion is required. Plaintiffs may file an amended complaint by 11/07/17. The status hearing with the magistrate judge set for 10/31/17 is RESET to 11/21/17 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
48

SECOND AMENDED complaint by Andy Thayer, Uptown Tent City Organizers against All Defendants (Mills, Alan) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
49

MINUTE entry before the Honorable Sidney I. Schenkier: Status hearing held. The parties report on the status of the case. For the reasons stated on the record, defense counsel's unopposed oral motion for an extension to time to file their responsive pleading is granted. Defendants' response to the amended complaint is to be filed by 1/05/18. The matter is set for a status hearing before the magistrate judge on 1/23/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
50

TRANSCRIPT OF PROCEEDINGS held on 9/14/17 before the Honorable Sidney I. Schenkier. Court Reporter Contact Information: Joseph Rickhoff, 312-435-5562, joseph_rickhoff@ilnd.uscourts.gov. <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 12/27/2017. Redacted Transcript Deadline set for 1/8/2018. Release of Transcript Restriction set for 3/6/2018. (Rickhoff, Joseph) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
51

MOTION by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation for extension of time UNOPPOSED (Sobota, Margaret) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
52

UNOPPOSED NOTICE of Motion by Margaret R. Sobota for presentment of extension of time 51 before Honorable Sidney I. Schenkier on 1/9/2018 at 08:30 AM. (Sobota, Margaret) (Entered: 01/02/2018)

Jan. 2, 2018

Jan. 2, 2018

PACER
53

MINUTE entry before the Honorable Sidney I. Schenkier: Defendant's unopposed motion for an extension of time to answer or otherwise plead to plaintiffs' second amended complaint (doc. # 51 ) is granted; no appearance on the motion is required. Defendant shall respond to the second amended complaint by 1/19/18. The status hearing set for 1/23/18 is RESET to 2/06/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
54

RESPONSE by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation to administrative record 9 (Gandurski, Kelley) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
55

NOTICE by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation re Response 54 (Gandurski, Kelley) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
56

MOTION by Defendants City of Chicago Department of Transportation, City of Chicago Department of Administrative Hearings, City Of Chicago to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) (Sobota, Margaret) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
57

NOTICE of Motion by Margaret R. Sobota for presentment of motion to dismiss 56 before Honorable Sidney I. Schenkier on 2/6/2018 at 09:00 AM. (Sobota, Margaret) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
58

MOTION by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation for leave to file excess pages UNOPPOSED (Attachments: # 1 Exhibit A)(Sobota, Margaret) (Entered: 01/19/2018)

1 Exhibit A

View on PACER

Jan. 19, 2018

Jan. 19, 2018

PACER
59

NOTICE of Motion by Margaret R. Sobota for presentment of motion for leave to file excess pages 58 before Honorable Sidney I. Schenkier on 1/25/2018 at 08:30 AM. (Sobota, Margaret) (Entered: 01/19/2018)

Jan. 19, 2018

Jan. 19, 2018

PACER
60

MINUTE entry before the Honorable Sidney I. Schenkier: Defendant's unopposed motion for leave to file a memorandum in excess of 15 pages (doc. # 58 ) is granted; no appearance on the motion is filed. By a separate order, we set a briefing schedule on defendant's motion to dismiss (doc. # 56 ) and a deadline for plaintiffs' reply to defendants' response to the specification of errors (doc. # 54 ). ENTER ORDER. The status hearing with the magistrate judge set for 2/06/18 is RESET to 4/04/18 at 9:00 a.m. Mailed notice. (jj, ) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
61

AGREED ORDER AND BRIEFING SCHEDULE. Signed by the Honorable Sidney I. Schenkier on 1/24/2018. Mailed notice. (jj, ) (Entered: 01/24/2018)

Jan. 24, 2018

Jan. 24, 2018

PACER
62

MEMORANDUM by City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation in support of motion to dismiss 56 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sobota, Margaret) (Entered: 01/24/2018)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

Jan. 24, 2018

Jan. 24, 2018

PACER
63

MOTION by Plaintiffs Andy Thayer, Uptown Tent City Organizers for leave to file excess pages (Attachments: # 1 Exhibit A, # 2 Notice of Filing)(Mills, Alan) (Entered: 02/23/2018)

1 Exhibit A

View on PACER

2 Notice of Filing

View on PACER

Feb. 23, 2018

Feb. 23, 2018

PACER
64

NOTICE of Motion by Alan S. Mills for presentment of motion for leave to file excess pages 63 before Honorable Sidney I. Schenkier on 3/1/2018 at 08:30 AM. (Mills, Alan) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER
65

MINUTE entry before the Honorable Sidney I. Schenkier: Plaintiffs' unopposed motion for leave to file a memorandum in excess of 15 pages (doc. # 63 ) is granted; no appearance on the motion is required. Plaintiffs are given leave to file the memorandum of law attached to the motion. Defendants are given leave to file a reply not to exceed 35 pages. Mailed notice (ber, ) (Entered: 02/27/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
66

RESPONSE by Andy Thayer, Uptown Tent City Organizersin Opposition to MOTION by Defendants City of Chicago Department of Transportation, City of Chicago Department of Administrative Hearings, City Of Chicago to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) 56 (Attachments: # 1 Certificate of Service)(Mills, Alan) (Entered: 02/28/2018)

1 Certificate of Service

View on PACER

Feb. 28, 2018

Feb. 28, 2018

PACER
67

MOTION by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation for extension of time UNOPPOSED (Sobota, Margaret) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
68

UNOPPOSED NOTICE of Motion by Margaret R. Sobota for presentment of extension of time 67 before Honorable Sidney I. Schenkier on 3/27/2018 at 08:30 AM. (Sobota, Margaret) (Entered: 03/21/2018)

March 21, 2018

March 21, 2018

PACER
69

MINUTE entry before the Honorable Sidney I. Schenkier: Defendants' unopposed motion for extension of time (doc. # 67 ) is granted; no appearance on the motion is required. Defendants' reply memorandum in support of their motion to dismiss shall be filed by 4/13/18. The status hearing with the magistrate judge set for 4/04/18 is stricken. We will reset the matter for a status after reviewing the briefs on the motion and determining whether oral argument would be helpful. Mailed notice. (jj, ) (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
70

REPLY by Defendants City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation to motion to dismiss 56 (Sobota, Margaret) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
71

MOTION by Attorney Kelley A. Gandurski to withdraw as attorney for City Of Chicago, City of Chicago Department of Administrative Hearings, City of Chicago Department of Transportation. No party information provided (Gandurski, Kelley) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
72

NOTICE of Motion by Kelley A. Gandurski for presentment of motion to withdraw as attorney 71 before Honorable Sidney I. Schenkier on 5/8/2018 at 08:30 AM. (Gandurski, Kelley) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
73

MINUTE entry before the Honorable Sidney I. Schenkier: Unopposed motion to withdraw (doc. # 71 ) is granted; no appearance on the motion is required. We ask the Clerk of the Court to terminate the appearance of Kelley A. Gandurski as one of the attorneys for the defendants. Mailed notice. (jj, ) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
74

MINUTE entry before the Honorable Sidney I. Schenkier: ENTER MEMORANDUM OPINION AND ORDER. Defendants' motion to dismiss (doc. # 56 ) is granted. We dismiss Counts III through VI, without prejudice, for lack of subject matter jurisdiction; we dismiss Count II, with prejudice, for failure to state a claim; and, with no federal claim remaining in the case, we relinquish supplemental jurisdiction over Count I. Civil case terminated. Mailed notice. (jj, ) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
75

MEMORANDUM Opinion and Order Signed by the Honorable Sidney I. Schenkier on 6/5/2018. Mailed notice. (jj, ) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

RECAP
76

ENTERED JUDGMENT. Mailed notice. (jj, ) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

RECAP

Case Details

State / Territory: Illinois

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Multi-LexSum (in sample)

Key Dates

Filing Date: March 30, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The first plaintiff is an unincorporated community organization of both individuals residing in streets and housed community members in the Uptown neighborhood. The second plaintiff is a community activist and resident of Uptown.

Plaintiff Type(s):

Non-profit NON-religious organization

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

City of Chicago Department of Administrative Hearings (Chicago, Cook), City

City of Chicago Department of Transportation (Chicago, Cook), City

City of Chicago (Chicago, Cook), City

Defendant Type(s):

Jurisdiction-wide

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Freedom of speech/association

Takings

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Access to public accommodations - governmental

Poverty/homelessness

Sidewalks