Case: City of Evanston v. Texaco

1:13-cv-02106 | U.S. District Court for the Northern District of Illinois

Filed Date: March 19, 2013

Clearinghouse coding complete

Case Summary

On March 19, 2013, the City of Evanston filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The City sued Chevron U.S.A. Inc., E-Town Community Ventures, LLC, Texaco, Inc., the Chevron Corporation, and the Chevron Environmental Management Company under the Resource Conservation and Recovery Act (RCRA) and local ordinances. The City also alleged that the defendants had committed trespass and created a private nuisance. The plaintiffs, represented by private couns…

On March 19, 2013, the City of Evanston filed this lawsuit in the U.S. District Court for the Northern District of Illinois. The City sued Chevron U.S.A. Inc., E-Town Community Ventures, LLC, Texaco, Inc., the Chevron Corporation, and the Chevron Environmental Management Company under the Resource Conservation and Recovery Act (RCRA) and local ordinances. The City also alleged that the defendants had committed trespass and created a private nuisance. The plaintiffs, represented by private counsel, sought declaratory, injunctive, and monetary relief. The case was assigned to Judge Gary Feinerman and Magistrate Judge Susan E. Cox.

This action concerned the release and migration of hazardous substances, specifically petroleum and its byproducts, from leaking underground storage tanks at a vacant commercial property in Evanston, IL, formerly owned and operated as a gasoline service station by the Texas Corporation. According to the City, the soil and groundwater at the Texaco Station and the City Property was contaminated with petroleum, gasoline and their byproducts, including, among other things: benzene, toluene, ethylbenzene and xylene; polynuclear aromatic hydrocarbons; and lead as a result of Texaco’s operations at the site. The City claimed that by allowing these contaminants to seep into the ground, the defendants had violated the RCRA.

On August 6, 2013, the City filed an amended complaint, removing Chevron U.S.A. Inc. as a defendant, while retaining all other defendants.

On October 7, 2013, the defendants moved to dismiss the amended complaint, arguing that the court lacked subject matter jurisdiction over the state law claim and that the RCRA claim failed to adequately and sufficiently allege the existence of an “imminent and substantial endangerment.” The defendants alternatively argued that the court should abstain from hearing Count 1 of the complaint because the relief sought could be obtained under the Illinois Environmental Protection Act in an administrative proceeding in front of the Illinois Pollution Control Board.

On February 21, 2014, Judge Feinerman denied the motion to dismiss, finding that the complaint sufficiently alleged the threat of future harm, as it was plausible that contaminated subsurface water would migrate to the surface through the portions of the station uncovered by asphalt or through adjacent properties.

After this decision, the parties agreed to a private settlement agreement that is not publically available. On April 15, 2015, the parties jointly filed a stipulation of dismissal of the action with prejudice. On April 23, 2015, the court granted the dismissal and retained jurisdiction to enforce the terms of the agreement. As of July, 20, 2018, the case is ongoing for settlement purposes.

Summary Authors

Jake Parker (7/20/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5612096/parties/city-of-evanston-v-chevron-usa-inc/


Judge(s)

Blakey, John Robert (Illinois)

Feinerman, Gary Scott (Illinois)

Attorneys(s) for Plaintiff

Blazer, Michael S. (Illinois)

Jeep, Jeffery D. (Illinois)

Yu, Thomas S. (Illinois)

Attorneys(s) for Defendant

Anaya, William Joseph (Illinois)

Christie, Robert B. (Illinois)

Cohn, Matthew E. (Illinois)

Girardi, Joseph A. (Illinois)

Grom, Douglas Michael (Illinois)

Judge(s)

Blakey, John Robert (Illinois)

Feinerman, Gary Scott (Illinois)

Attorneys(s) for Plaintiff

Blazer, Michael S. (Illinois)

Jeep, Jeffery D. (Illinois)

Yu, Thomas S. (Illinois)

Attorneys(s) for Defendant

Anaya, William Joseph (Illinois)

Christie, Robert B. (Illinois)

Cohn, Matthew E. (Illinois)

Girardi, Joseph A. (Illinois)

Grom, Douglas Michael (Illinois)

Documents in the Clearinghouse

Document

1:13-cv-02106

Docket [PACER]

City Of Evanston v. Chevron U.S.A. Inc.

April 23, 2015

April 23, 2015

Docket
1

1:13-cv-02106

Complaint

City Of Evanston v. Chevron U.S.A. Inc.

March 19, 2013

March 19, 2013

Complaint
24

1:13-cv-02106

Amended Complaint

City Of Evanston v. Chevron U.S.A. Inc.

Aug. 6, 2013

Aug. 6, 2013

Complaint
42

1:13-cv-02106

Memorandum Opinion and Order

City Of Evanston v. Chevron U.S.A. Inc.

19 F.Supp.3d 817

Feb. 21, 2014

Feb. 21, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5612096/city-of-evanston-v-chevron-usa-inc/

Last updated Aug. 31, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by City Of Evanston; Filing fee $ 350, receipt number 0752-8157143. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Yu, Thomas) (Entered: 03/19/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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March 19, 2013

March 19, 2013

PACER
2

CIVIL Cover Sheet (Yu, Thomas) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER
3

ATTORNEY Appearance for Plaintiff City Of Evanston by Thomas S Yu (Yu, Thomas) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER

CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Susan E. Cox. (nsf, )

March 19, 2013

March 19, 2013

PACER
4

CIVIL Cover Sheet (Yu, Thomas) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER
5

ATTORNEY Appearance for Plaintiff City Of Evanston by Thomas S Yu (Yu, Thomas) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER

SUMMONS Issued as to Defendants Chevron U.S.A. Inc., E-Town Community Ventures, LLC (mmy, )

March 19, 2013

March 19, 2013

PACER
6

ATTORNEY Appearance for Plaintiff City Of Evanston by Michael S. Blazer (Blazer, Michael) (Entered: 03/19/2013)

March 19, 2013

March 19, 2013

PACER
7

SUMMONS Returned Executed by City Of Evanston as to Chevron U.S.A. Inc. on 3/21/2013, answer due 4/11/2013. (Yu, Thomas) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

PACER
8

SUMMONS Returned Executed by City Of Evanston as to E-Town Community Ventures, LLC on 3/21/2013, answer due 4/11/2013. (Yu, Thomas) (Entered: 03/27/2013)

March 27, 2013

March 27, 2013

PACER
9

ATTORNEY Appearance for Defendant Chevron U.S.A. Inc. by Joseph A. Girardi (Girardi, Joseph) (Entered: 04/08/2013)

April 8, 2013

April 8, 2013

PACER
10

ATTORNEY Appearance for Defendant Chevron U.S.A. Inc. by Robert B. Christie (Christie, Robert) (Entered: 04/08/2013)

April 8, 2013

April 8, 2013

PACER
11

ATTORNEY Appearance for Defendant Chevron U.S.A. Inc. by Douglas Michael Grom (Grom, Douglas) (Entered: 04/08/2013)

April 8, 2013

April 8, 2013

PACER
12

STIPULATION (Girardi, Joseph) (Entered: 04/08/2013)

April 8, 2013

April 8, 2013

PACER
13

ATTORNEY Appearance for Defendant E-Town Community Ventures, LLC by William Joseph Anaya (Anaya, William) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
14

ATTORNEY Appearance for Defendant E-Town Community Ventures, LLC by Matthew E Cohn (Cohn, Matthew) (Entered: 04/19/2013)

April 19, 2013

April 19, 2013

PACER
15

MINUTE entry before Honorable Gary Feinerman:Initial status hearing set for 5/14/2013 at 9:30 a.m. Initial Status Report shall be filed by 5/7/2013. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov, to "District Judges," to "Judge Gary Feinerman," to "Initial Status Hearings" under Case Management Procedures) for details on the initial status hearing and Initial Status Report.Mailed notice. (jlj) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

PACER
16

MOTION by Defendant Chevron U.S.A. Inc. for extension of time to file answer (Girardi, Joseph) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

PACER
17

MOTION by Defendant Chevron U.S.A. Inc. to continue Status Report and Hearing Dates (Girardi, Joseph) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

PACER
18

NOTICE of Motion by Joseph A. Girardi for presentment of motion for extension of time to file answer 16, motion to continue 17 before Honorable Gary Feinerman on 5/9/2013 at 09:00 AM. (Girardi, Joseph) (Entered: 05/02/2013)

May 2, 2013

May 2, 2013

PACER
19

MINUTE entry before Honorable Gary Feinerman:Agreed motions to extend time to respond to the complaint 16 and 17 are granted. The time for Defendants to answer or otherwise plead to the complaint is extended to 8/7/2013. Initial status hearing scheduled for 5/14/2013 15 is stricken and re-set for 8/13/2013 at 9:00 a.m. Joint status report shall be filed by 8/9/2013. Motion hearing scheduled for 5/9/2013 18 is stricken.Mailed notice. (jlj) (Entered: 05/07/2013)

May 7, 2013

May 7, 2013

PACER
20

ATTORNEY Appearance for Plaintiff City Of Evanston by Jeffery Donald Jeep (Jeep, Jeffery) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
21

MOTION by Plaintiff City Of Evanston for leave to file Amended Complaint (Attachments: # 1 Exhibit A through E, # 2 Exhibit F)(Blazer, Michael) (Entered: 07/31/2013)

1 Exhibit A through E

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2 Exhibit F

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July 31, 2013

July 31, 2013

PACER
22

NOTICE of Motion by Michael S. Blazer for presentment of motion for leave to file 21 before Honorable Gary Feinerman on 8/6/2013 at 09:00 AM. (Blazer, Michael) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

PACER
23

RESPONSE by Chevron U.S.A. Inc.in Opposition to MOTION by Plaintiff City Of Evanston for leave to file Amended Complaint 21 (Girardi, Joseph) (Entered: 08/02/2013)

Aug. 2, 2013

Aug. 2, 2013

PACER
24

AMENDED complaint by City Of Evanston against All Defendants and terminating Chevron U.S.A. Inc. (Blazer, Michael) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
25

MINUTE entry before Honorable Gary Feinerman:Motion hearing held. For the reasons stated on the record, Plaintiff's motion for leave to file an amended complaint 21 is granted, without prejudice to Defendants' ability to make any argument in favor of dismissal if a motion to dismiss is filed. Plaintiff shall file amended complaint as a separate docket entry. All Defendants shall answer or otherwise plead to the complaint by 10/7/2013. Status hearing scheduled for 8/13/2013 19 is stricken and re-set for 10/15/2013 at 9:00 a.m. Parties shall file initial status report by 10/10/2013. Plaintiff's oral motion to dismiss defendant Chevron U.S.A., Inc. without prejudice is granted. Defendant Chevron U.S.A. is dismissed without prejudice as a party defendant.Mailed notice. (jlj) (Entered: 08/06/2013)

Aug. 6, 2013

Aug. 6, 2013

PACER
26

MOTION by Defendants Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. for leave to file excess pages (Girardi, Joseph) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
27

NOTICE of Motion by Joseph A. Girardi for presentment of motion for leave to file excess pages 26 before Honorable Gary Feinerman on 10/3/2013 at 09:00 AM. (Girardi, Joseph) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

PACER
28

MINUTE entry before Honorable Gary Feinerman:Motion for leave to file excess pages 26 is granted. Defendant may file a brief in support of its motion to dismiss in excess of 15 pages, not to exceed 20 pages. Plaintiff may file a response brief of up to 20 pages. Motion hearing scheduled for 10/3/2013 27 is stricken.Mailed notice. (jlj) (Entered: 10/01/2013)

Oct. 1, 2013

Oct. 1, 2013

PACER
29

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Girardi, Joseph) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
30

MEMORANDUM by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. in support of Motion to Dismiss for Failure to State a Claim 29 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Girardi, Joseph) (Entered: 10/07/2013)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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Oct. 7, 2013

Oct. 7, 2013

PACER
31

NOTICE by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 29, memorandum in support of motion, 30 (Girardi, Joseph) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
32

MOTION by Defendant E-Town Community Ventures, LLC to join Defendant Texaco Inc.'s Motion to Dismiss and Memorandum in Support of Its Motion to Dismiss for its Abstention Argument (Cohn, Matthew) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
33

NOTICE of Motion by Matthew E Cohn for presentment of motion to join 32 before Honorable Gary Feinerman on 10/15/2013 at 09:00 AM. (Cohn, Matthew) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
34

NOTICE of Motion by Joseph A. Girardi for presentment of Motion to Dismiss for Failure to State a Claim 29 before Honorable Gary Feinerman on 10/15/2013 at 09:00 AM. (Girardi, Joseph) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
35

MINUTE entry before Honorable Gary Feinerman:Status hearing held and continued to 1/28/2014 at 9:00 a.m. Motion hearing held. Motion to dismiss Defendants Texaco Inc., Chevron Corporation and Chevron Environmental Management Company 29 is entered and continued. Motion to join defendant Texaco Inc.'s motion to dismiss and memorandum in support of its motion to dismiss for its abstention argument 32 is granted. Responses to motion to dismiss 29 due by 11/12/2013; replies due by 11/26/2013. Discovery is stayed pending resolution of the motion to dismiss. Mailed notice. (jlj) (Entered: 10/15/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
36

MEMORANDUM by City Of Evanston in Opposition to Motion to Dismiss for Failure to State a Claim 29 (Attachments: # 1 Exhibit A-Affidavit of Counsel)(Blazer, Michael) (Entered: 11/11/2013)

1 Exhibit A-Affidavit of Counsel

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Nov. 11, 2013

Nov. 11, 2013

PACER
37

REPLY by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. to memorandum in opposition to motion 36 (Attachments: # 1 Exhibit 1)(Girardi, Joseph) (Entered: 11/26/2013)

1 Exhibit 1

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Nov. 26, 2013

Nov. 26, 2013

PACER
38

NOTICE by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. re reply to response to motion 37 (Girardi, Joseph) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER
39

REPLY by Defendant E-Town Community Ventures, LLC to memorandum in opposition to motion 36 (Attachments: # 1 Exhibit)(Cohn, Matthew) (Entered: 11/26/2013)

1 Exhibit

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Nov. 26, 2013

Nov. 26, 2013

PACER
40

MINUTE entry before the Honorable Gary Feinerman: Status hearing set for 1/28/2014 35 is stricken and re-set for 2/27/2014 at 9:00 a.m.Mailed notice. (jlj) (Entered: 01/27/2014)

Jan. 27, 2014

Jan. 27, 2014

PACER
41

MINUTE entry before the Honorable Gary Feinerman:For the reasons set forth in the accompanying Memorandum Opinion and Order, Defendants' motion to dismiss 29 is denied. Defendants shall answer the amended complaint 24 by 3/14/2014. The discovery stay 35 is lifted. The parties shall file a joint initial status report, with a proposed discovery and dispositive motion schedule, by 2/26/2014 at noon.Mailed notice. (jlj, ) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER
42

MEMORANDUM Opinion and Order written by the Honorable Gary Feinerman on 2/21/2014.Mailed notice.(jlj, ) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

RECAP
43

STATUS Report Initial Joint Status Report by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. (Grom, Douglas) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
44

NOTICE by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. re status report 43 (Grom, Douglas) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
45

MINUTE entry before the Honorable Gary Feinerman:In their status report 43, the parties note that they "have made substantial progress in their efforts to settle this matter" and ask "that the litigation be stayed for 60 days to allow the parties time to attempt to bring the pending settlement negotiations to fruition." Pursuant to the parties' request, this litigation is stayed until 4/28/2014. Also at the parties' request, the time for Defendants to answer the amended complaint is extended to 5/13/2014, and the case is referred to Magistrate Judge Cox for the purpose of conducting a settlement conference, with the understanding that the parties may be able to settle the case on their own. The 2/27/2014 status hearing 40 is stricken and re-set for 5/14/2014 at 9:00 a.m. If the case does not settle, the parties should file a revised joint status report, with a revised proposed schedule, by 5/7/2014.Mailed notice. (jlj) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
46

STATUS Report by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. (Grom, Douglas) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
47

NOTICE by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. re status report 46 (Grom, Douglas) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
48

Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: settlement conference.Mailed notice.(jlj, ) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
49

MINUTE entry before the Honorable Gary Feinerman:Pursuant to the parties' joint request 46, the stay of proceedings is extended to 6/30/2014, and the time for Defendants to answer the amended complaint is extended to 7/15/2014. The 5/14/2014 status hearing 45 is stricken and re-set for 7/16/2014 at 9:00 a.m. If the case does not settle, the parties should file a revised joint status report, with a revised proposed schedule, by 7/9/2014. Mailed notice. (jlj) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
50

MINUTE entry before the Honorable Susan E. Cox: A status hearing is set for 5/13/2014 at 9:45 a.m. for the purpose of scheduling a settlement conference. Counsel that appears for this pre-settlement conference discussion must be counsel who will represent their respective clients at the conference, or are able to discuss the issues of the case and to schedule the conference on behalf of their clients. The Court expects counsel to discuss issues in the case that may affect the settlement process. Mailed notice (np, ) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

PACER
51

MINUTE entry before the Honorable Susan E. Cox: Due to a scheduling conflict the status hearing set before Magistrate Judge Cox on 5/13/2014 at 9:45 a.m. to stricken and reset to 5/21/2014 at 9:45 a.m. Mailed notice (np, ) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
52

MINUTE entry before the Honorable Susan E. Cox: Initial status hearing held for the purpose of scheduling a settlement conference. The parties provided the Court with a status of the case. The district judge has stayed the case until June 30, 2014. Parties reported that they are working through an agreement amongst themselves and drafts of a proposed settlement agreement have been exchanged. The parties are unsure whether or not a settlement conference is needed at this point. Status hearing is set for 6/11/2014 at 9:30 a.m. to set a settlement conference date. Mailed notice (np, ) (Entered: 05/22/2014)

May 21, 2014

May 21, 2014

PACER
53

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Parties have made significant progress towards reaching a settlement agreement. Parties anticipate filing a status report regarding the progress of the settlement before Judge Feinerman, with the expectation that the discovery stay deadline will be extended. Status set for 7/14/2014 at 9:30 a.m. to report on settlement.Mailed notice (jms, ) (Entered: 06/13/2014)

June 11, 2014

June 11, 2014

PACER
54

STATUS Report Third Joint Status Report by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. (Grom, Douglas) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
55

NOTICE by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. re status report 54 (Grom, Douglas) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
56

MINUTE entry before the Honorable Gary Feinerman:Pursuant to the parties' joint request 54, the stay of proceedings is extended to 8/29/2014, and the time for Defendants to answer the amended complaint is extended to 9/15/2014. The 7/16/2014 status hearing 49 is stricken and re-set for 9/30/2014 at 9:00 a.m. If the case does not settle, the parties should file a revised joint status report, with a revised proposed schedule, by 9/23/2014.Mailed notice. (jlj, ) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER
57

EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on June 26, 2014, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Manish S. Shah, therefore IT IS HEREBY ORDERED That the attached list of 283 cases be reassigned to the Honorable Manish S. Shah. IT IS FURTHER ORDERED that this order shall become effective on June 27, 2014. Signed by Executive Committee on June 26, 2014. Mailed notices.(rp, ) (Entered: 06/27/2014)

June 26, 2014

June 26, 2014

PACER
58

MINUTE entry before the Honorable Gary Feinerman:Status hearing scheduled for 9/30/2014 56 is stricken. Parties shall contact Judge Shah for further proceedings.Mailed notice. (jlj, ) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER
59

MINUTE entry before the Honorable Manish S. Shah: If the parties are not able to reach a settlement agreement in this matter, counsel for the parties shall confer and then prepare and file a joint Reassignment Status Report, not to exceed five pages, by 9/15/14. A template for the Reassignment Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/home/JudgeInfo.aspx by clicking on Judge Shah's name and then again on the link entitled 'Cases Reassigned to Judge Shah.' Defendants' answer to the amended complaint remains due on 9/15/14. Notices mailed by Judicial Staff. (psm, ) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

PACER
60

MINUTE entry before the Honorable Susan E. Cox: Status hearing set for 7/14/2014 at 9:30 a.m. is reset to 7/14/2014 at 9:00 a.m. Please note the time change only. Mailed notice (np, ) (Entered: 07/09/2014)

July 9, 2014

July 9, 2014

PACER
61

MINUTE entry before the Honorable Susan E. Cox: At the request of the parties, status hearing set for 7/14/2014 at 9:00 a.m. is stricken and reset to 7/16/2014 at 9:30 a.m. Mailed notice (np, ) (Entered: 07/11/2014)

July 11, 2014

July 11, 2014

PACER
62

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Parties are still working through settlement, but have run into a few issues with the proposed agreement. An updated demand has been made by the Defendant and the Plaintiff has presented a counter offer. Parties agree that a settlement conference may be fruitful. Parties were reminded of this Court's standing order. Settlement conference tentatively set for 8/14/2014 at 1:00 p.m. Parties are instructed to lay out the settlement negotiations and case information within the settlement position papers. Parties are to contact the Court by the close of business 7/18/2014 to confirm settlement conference date. Mailed notice (np, ) (Entered: 07/17/2014)

July 16, 2014

July 16, 2014

PACER
63

MINUTE entry before the Honorable Susan E. Cox: Parties having contacted the Court indicating that none of the dates provided for a possible settlement conference will work for both sides, further status set for 7/30/2014 at 9:30 a.m. Mailed notice (np, ) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

PACER
64

MINUTE entry before the Honorable Susan E. Cox: Status hearing held. The parties agreed that a settlement conference would not be fruitful at this time. Settlement conference set for 8/14/2014 is stricken. All matters relating to the referral of this matter have been resolved. Judge Cox is no longer referred to this case. If parties decide that a conference is necessary in the future, they are to inform the Court. Mailed notice (np, ) (Entered: 07/31/2014)

July 30, 2014

July 30, 2014

PACER
65

Defendant E-Town Community Ventures, LLC's ANSWER to amended complaint by E-Town Community Ventures, LLC(Cohn, Matthew) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
66

ATTORNEY Appearance for Defendants Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. by Douglas Michael Grom (Grom, Douglas) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
67

ATTORNEY Appearance for Defendants Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. by Joseph A. Girardi (Girardi, Joseph) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
68

ATTORNEY Appearance for Defendants Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. by Robert B. Christie (Christie, Robert) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
69

ANSWER to amended complaint by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc.(Grom, Douglas) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
70

STATUS Report upon Reassignment by City Of Evanston (Blazer, Michael) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
71

MOTION by Defendants Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. for extension of time to file Cross-Claims (Grom, Douglas) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
72

NOTICE of Motion by Douglas Michael Grom for presentment of motion for extension of time to file 71 before Honorable Manish S. Shah on 9/23/2014 at 09:45 AM. (Grom, Douglas) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
73

MINUTE entry before the Honorable Manish S. Shah: The court has reviewed the competing discovery proposals, and will enter a discovery schedule at the noticed motion hearing on defendants' motion for an extension of time to file cross-claims 71 set for 9/23/14 at 9:45 a.m. Notices mailed by Judicial Staff. (psm, ) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
74

MINUTE entry before the Honorable Manish S. Shah: Motion hearing held. Agreed Motion of Defendants to Enlarge Time to File Cross-Claims 71 is granted. All cross-claims shall be filed by 12/17/14. The parties are not able to agree on a discovery schedule, and the court sets the schedule as follows: Rule 26(a)(1) Disclosures shall be exchanged by 10/15/14. All fact discovery shall be noticed in time to be completed by 2/13/15. The parties are directed to work together to schedule interim discovery dates. Continued status hearing is set for 12/15/14 at 9:30 a.m. At the next status hearing the court will set an expert discovery deadline, based on specific proposals as to the experts required. The court anticipates setting a short period of time for expert discovery, and will consider any requests to commence expert discovery prior to the close of fact discovery. Notices mailed by Judicial Staff. (psm, ) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
75

MOTION by Defendants Chevron Corporation, Chevron Environmental Management Company, E-Town Community Ventures, LLC, Texaco, Inc. for extension of time (Grom, Douglas) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER
76

NOTICE of Motion by Douglas Michael Grom for presentment of extension of time 75 before Honorable Manish S. Shah on 12/15/2014 at 09:30 AM. (Grom, Douglas) (Entered: 12/09/2014)

Dec. 9, 2014

Dec. 9, 2014

PACER
77

MINUTE entry before the Honorable Manish S. Shah: Agreed Motion to Extend Time and Continue Status Hearing 75 is granted. All fact discovery shall be noticed in time to be completed by 3/16/15. All cross-claims shall be filed by 3/16/15. Motion hearing previously set for 12/15/14 at 9:30 a.m. is hereby stricken and no appearance is necessary. Status hearing previously set for 12/15/14 at 9:30 a.m. is hereby stricken and reset to 2/4/15 at 9:30 a.m. Notices mailed by Judicial Staff. (psm, ) (Entered: 12/10/2014)

Dec. 10, 2014

Dec. 10, 2014

PACER
78

EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on December 30, 2014, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John Robert Blakey; therefore IT IS HEREBY ORDERED that the attached list of 306 cases be reassigned to the Honorable John Robert Blakey. IT IS FURTHER ORDERED that this order shall become effective on January 15, 2015. Case reassigned to the Honorable John Robert Blakey for all further proceedings. Signed by Executive Committee on 1/15/15. Mailed notices. (sj) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
79

MINUTE entry before the Honorable Manish S. Shah: Status hearing previously set before Judge Shah on 2/4/15 at 9:30 a.m. is hereby stricken. Notices mailed by Judicial Staff. (psm, ) (Entered: 01/16/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
80

MINUTE entry before the Honorable John Robert Blakey:The following case has been reassigned to form the initial calendar of the Honorable John Robert Blakey. Unless otherwise ordered by the court, all previously-set discovery and briefing schedules and deadlines remain intact, and all existing referrals to the assigned magistrate judge remain in place. All previously-set status and motion hearing dates are stricken. The court may, in due course, set the case for a reassignment status conference. The parties are directed not to file or notice any motions, with the exception of emergency motions, prior to appearing at the reassignment status conference. For all emergency motions arising prior to the date scheduled for the reassignment status conference, the parties are directed to contact chambers at (312) 435-6058, or Judge Blakey's courtroom deputy, Gloria Lewis, at (312) 818-6699.To assist the court with its review of the case, the parties are directed, within 10 calendar days of this order's entry, to confer and then prepare and file a joint Reassignment Status Report, not to exceed five pages. A template of the Reassignment Status Report is available on Judge Blakey's homepage at www.ilnd.uscourts.gov. Additional dates will be set in a future order, as needed.Mailed notice (gel, ) (Entered: 01/22/2015)

Jan. 22, 2015

Jan. 22, 2015

PACER
81

MINUTE entry before the Honorable John Robert Blakey:Minute order dated 1/22/2015 is corrected as follows: This case has been reassigned to form the initial calendar of the Honorable John Robert Blakey. Unless otherwise ordered by the court, all previously set discovery and briefing schedules and deadlines remain intact, and all existing referrals to the assigned magistrate judge remain in place. All previously set status hearing and motion hearing dates are stricken. To assist the court with its initial review of the case, the parties are directed, within 10 calendar days of this order's entry, to confer and then prepare and file a joint Reassignment Status Report, not to exceed five pages. A template of the Reassignment Status Report is available on Judge Blakey's homepage at www.ilnd.uscourts.gov. The parties are directed not to file or notice any motions, with the exception of emergency motions, prior to filing the joint Reassignment Status Report. For all emergency motions arising prior to the due date for the Reassignment Status Report, the parties are directed to contact chambers at (312) 435-6058, or Judge Blakey's courtroom deputy, Gloria Lewis, at (312) 818-6699. Additional dates will be set in a future order, as neededMailed notice (gel, ) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
82

STATUS Report by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. (Girardi, Joseph) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
83

NOTICE by Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. re status report 82 (Girardi, Joseph) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
84

ATTORNEY Appearance for Defendants Chevron Corporation, Chevron Environmental Management Company, Texaco, Inc. by Joseph A. Girardi (Girardi, Joseph) (Entered: 02/23/2015)

Feb. 23, 2015

Feb. 23, 2015

PACER
85

MINUTE entry before the Honorable John Robert Blakey: The case is set for a status hearing 3/30/15 at 9:45 a.m. in Courtroom 2201. Mailed notice (gel, ) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

PACER
86

NOTICE by Robert B. Christie of Change of Address (Christie, Robert) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER
87

NOTICE by Douglas Michael Grom of Change of Address (Grom, Douglas) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER
88

MOTION by Defendant Chevron Corporation for extension of time continue status hearing (Girardi, Joseph) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
89

NOTICE of Motion by Joseph A. Girardi for presentment of extension of time 88 before Honorable John Robert Blakey on 3/30/2015 at 09:30 AM. (Girardi, Joseph) (Entered: 03/25/2015)

March 25, 2015

March 25, 2015

PACER
90

MINUTE entry before the Honorable John Robert Blakey: The parties' agreed motion to continue status hearing 88 is granted; the status hearing set for 3/30/15 is stricken and reset to 4/30/15 at 9:45 a.m. in Courtroom 1725. The 3/30/15 Notice of Motion date is stricken; the parties need not appear. Mailed notice (gel, ) (Entered: 03/26/2015)

March 26, 2015

March 26, 2015

PACER
91

STIPULATION of Dismissal (Girardi, Joseph) (Entered: 04/15/2015)

April 15, 2015

April 15, 2015

PACER
92

MINUTE entry before the Honorable John Robert Blakey: Pursuant to the parties' stipulation of dismissal 91, this case is hereby dismissed without prejudice consistent with the terms of the Agreed Dismissal Order. Enter Agreed Dismissal Order. The 4/30/15 status hearing date is stricken. Civil case terminated. Mailed notice (gel, ) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER
93

AGREED DISMISSAL ORDER Signed by the Honorable John Robert Blakey on 4/23/2015. Mailed notice(gel, ) (Entered: 04/23/2015)

April 23, 2015

April 23, 2015

PACER

Case Details

State / Territory: Illinois

Case Type(s):

Environmental Justice

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 19, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The City of Evanston

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Chevron U.S.A. Inc., Private Entity/Person

Case Details

Causes of Action:

Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6928 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Sanitation / living conditions